ORD NO 12-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 a, 2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE MAYOR TO
CONTRACT WITH CRAWFORD CONSTRUCTION FOR
FIRE DAMAGE REPAIRS AND COMPLETION OF THE VAN
BUREN LIBRARY PROJECT, WAIVING BIDDING
REQUIREMENTS, DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren in 2007 received and opened bids in accordance with Arkansas
law for the construction of the new Van Buren Library, which included a bid from,
Crawford Construction Company; and
WHEREAS, the City of Van Buren has detenined that in Iight of Bossler Constructions' rnaterial
breach of the construction agreement, that a replacement contractor is needed to
effectuate the repairs from fire damage last year, and to complete the remainder of
the project, which was approximately 87 percent completed; and
WHEREAS, the City of Van Buren, after consulting with MAHG Architecture, has determined
that Crawford Construction Company is uniquely situated and qualified to take over
and complete the Van Buren Library project; and
WHEREAS, it would be impracticable and unfeasible to bid this project at this stage, and there is
no potential for savings to the city to let bids on the project, and the City needs to
immediately begin repairs and completion of this project without any delays or any
action by the City Council; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that "The
governing body, by Ordinance, may waive the requirements of competitive bidding
in exceptional situations where such procedure is deemed not feasible or practical."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for the
above described project, as such a procedure is not deemed to be feasible or practical
under the circumstances.
SECTION 2: The Mayor and City Clerk are hereby authorized to enter into a Construction
Management Agreement with Crawford Construction Company, utilizing the Zurich
Insurance's Construction Cost Breakdown attached hereto as Exhibit "A" as
guidance, but not guaranteed "Not to Exceed" the adjustor' s estimate, based upon the
adjuster's evaluation, less the "General Contractor" fees and expenses allowed
Bossier in the original contract, and the established Architectural fees.
SECTION 3: Crawford Construction Company will provide, relative to the fire damage restoration,
a Performance and Payment Bond at their cost, which is 1.2 $6,440.00, and
receive a Construction Management fee, as setforth herein to cover its General
Conditions, Risk, Overhead and Profit for the approximate four (4) months they feel
the repairs and project will require.
SECTION 4: Crawford Construction Company's services, relative to the fire damage restoration,
will include: Direct Job Overhead, Distributive Expenses, Indirect Overhead
including Management Support and Bookkeeping services, General Conditions,
Profit and Risk for a fixed fee of $75,675.41, plus the actual cost of the Performance
and Payment Bond premium.
SECTION 5: Crawford Construction Company's management fee, for the completion of the entire
library project, will be determined and established at a later date, subject to City
Council approval.
SECTION 6: The repairs and other work hereto are deemed and found to be necessary for the
immediate preservation of health, safety and welfare of the city, and as such an
emergency is hereby declared, and this Ordinance shall take effect and be in full force
upon and after its passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of he for and 0 against, the foregoing Ordinance at its duly
called Special Meeting held on the 13' day of July 2009.
Robert D. Frees
ATTESTED: APPROV II AS TO FORM:
sibitzu e
Barbie Curtis, City Clerk/Treasurer N. Dona orney