ORD NO 12-2010 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. I2.. -2010
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 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 has determined that in light of Bossler Constructions'
material breach of the construction agreement, that a replacement contractor is
needed to effectuate the repairs and to complete the remainder of the project,
which is approximately 87 percent completed; and
WHEREAS, Travelers Casualty Surety Co. of America, under its performance obligation
as the bonding company received and opened bids for the repairs and
completion of construction of the new Van Buren Library, which included a
bid from, Crawford Construction Company; and
WHEREAS, Travelers Casualty Surety Co. of America evaluated aforementioned bids
and determined that Crawford Construction Company submitted the most
responsive bid; and
WHEREAS, it would be impracticable and unfeasible to rebid 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 further 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
contract with Crawford Construction Company in the amount of $1,315,200.00
and to pay all expenses relating to this project.
SECTION 3: 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 0 for and 0 against, the foregoing Ordinance at its duly
called Special Meeting held on the 7th day of June 2010.
Robert D. Freeman, Mayor
ATTESTED:
4a4i,
Barbie Curtis, City Clerk /Treasurer