ORD NO 05-2016 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 5 -2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND TO
ENTER INTO AN AGREEMENT WITH ARKANSAS &
MISSOURI RAILROAD (AMRR) FOR DRAINAGE REPAIRS;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, there exists in the City of Van Buren an old retaining wall located near the south
property lines of Lots 1-6, Block 21, original City of Van Buren, Arkansas and
said retaining wall is adjacent to the tracks of the AMRR; and
WHEREAS, the retaining wall is in need of repair; and
WHEREAS, the City's drainage runs underneath the railroad tracks at the location near the
retaining wall; and
WHEREAS, the parties desire to enter into an agreement to equally share in the expenditures
necessary for the engineering and repair of the retaining wall and drainage,
which repairs will benefit both parties; and
WHEREAS, said repairs are in need for the health,safety,and welfare of the citizens of the
community;and
WHEREAS, the City Council has determined,pursuant to ARK. CODE ANN. § 14-58-
303(b)(2)(B)that exceptional circumstances exist,which render the competitive
bidding process on the part of the City of Van Buren to not be practical.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1. The City Council in accordance with the terms of ARK. CODE ANN. § 14-58-
303(b)(2)(B),hereby waives the requirement of competitive bidding.
SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
Buren to enter into the attached agreement with Arkansas&Missouri Railroad.
SECTION 3: This Ordinance being necessary for the financial continuity of the City of Van
Buren, Arkansas, and necessary in providing for the immediate preservation of
the public peace,health, and safety, an emergency is declared to exist and this
Ordinance shall take effect and be in force after its passage and approval.
IN TESTIMONY WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass,
approve,and adopt, by a vote of for and P against,the foregoing Ordinance at its
Regular Meeting held on the 18`h day of April 2016.
•
Robe W i
Mayor
ATTESTED: 'AP.•RO I AS TO FORM:
g6zaz-t, deick-gi
.tl.
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
..ter
COST SHARING AGREEMENT
This Agreement, made and entered into this p5.day of April, 2016, by and
between the City of Van Buren (hereinafter"City") and the Arkansas&Missouri Railroad
(hereinafter"AMRR"),
WITNESSETH:
WHEREAS, there exists in the City of Van Buren an old retaining wall located
near the south property lines of Lots 1-6, Block 21, original City of Van Buren, Arkansas
and said retaining wall is adjacent to the tracks of the AMRR; and
WHEREAS, the retaining wall is in need of repair; and
WHEREAS, the City's drainage runs underneath the railroad tracks at the
location near the retaining wall; and
WHEREAS, the parties desire to enter into an agreement to equally share in the
expenditures necessary for the engineering and repair of the retaining wall, which
repairs will benefit both parties.
NOW, THEREFORE, in consideration of the covenants and agreements
contained herein and subject to the provisions of the recitals above, it is agreed by and
between the parties as follows:
1. The parties acknowledge that plans and specifications for the repair of the
retaining wall have been obtained from Hawkins Weir Engineers, Inc. and the plans and
specifications are known as HWEI Project No. 2015098, and said plans and
specifications and any amendments or changes thereto are hereby incorporated herein
by reference.
2. The parties agree they will equally be responsible for fifty percent(50%) of
the total project cost, including construction and engineering fees. Both parties
recognize there may be add-ons or change orders during the construction.
3. Upon receiving a copy of the periodic invoices from the contractor and
engineer, the City will pay their one-half of the invoices upon receipt during the progress
of the construction and will submit their one-half payment of the invoices directly to
AMRR. •
4. Once the project is completed and the work accepted and all invoices
have been paid, neither party to this Agreement shall have any further liability one to the
other.
5. This Agreement shall be binding upon the parties hereto, their successors
and/or assigns.
6. This Agreement constitutes the entire agreement between the parties with
respect to its subject matter and may not be modified or amended orally, but may be
modified or amended in writing signed by both parties.
7. This Agreement shall be construed in accordance with and governed by
the laws of the State of Arkansas.
8. Both parties acknowledge that the signatories below have the appropriate
a
authority to sign on behalf of the party they represent.
2
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
this 2 C day of April, 2016.
CITY OF VAN REN,ARKANSAS
Approved by:
Name
Print Name
Title
ARKANSAS &MISSOURI RAILROAD
Approved by.A. i�-
Name
Brent T. McCredv
Print Name
President
Title
3
wKis Eiji
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ENGINFERS , INC
grompareassang
. , f ng!neei Cli'e'nt Success
March 31, 2016
Mr. John Cummings, Chief Engineer
Arkansas & Missouri Railroad
306 East Emma
Springdale, Arkansas 72764
Re: Retaining Wall and Drainage Improvements
Van Buren, Arkansas
HWEI Project No. 2015098
Dear Mr. Cummings:
Two (2) bids were received on Tuesday, March 29, 2016, for the referenced project.
Enclosed is a copy of the certified bid tabulation. The low bid was submitted by Crawford
Construction Company for a total contract price of $377,588.00. This low bid is less than the
engineer's estimate of $558,215.00. Therefore, we recommend that a construction contract for
the referenced project be awarded to the low bidder, Crawford Construction Company, for a total
contract price of$377,588.00.
If you have any questions or comments, please do not hesitate to call.
Sincerely,
HAWKINS-W ' ENGINEERS, INC.
Larry E. Yancey . .
LEY/cnc
Enclosure: Certified Bid Tabulation
cc: Honorable Bob Freeman, Mayor City of Van Buren, Arkansas
no So. 7th Street • F.O. Box 648 • Van Buren;AR 72957 Ph: (479) 474-1227 • (479) 474-8531
211 Natural Resources Drive • Little Rock,AR 72205 • Ph: (501) 374-4846 • Fax: (501) 374-4886
wine ruu king ureir.ccmi
2015098\JC032916LY.docx
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