07 July 2009 Special MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD JULY 13, 2009
A special called meeting of the City Council of the City of Van Buren, Arkansas met at
5:30 p.m., on Monday, July 13, 2009 at City Hall. The meeting was called to order by
Mayor Freeman. Council members present were Alderman Swaim, Parker, Ragsdale, and Dodd. City
Attorney Donald Jenkins and City Clerk- Treasurer Barbie Curtis were also present. This made a total of
seven (7) present. A quorum was declared.
The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING
AND WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING."
NOTICE OF SPECIAL MEETING
NOTICE OF SPECIAL ;MEETING TO THE CITY COUNCILMEN
OF THE CI'T'Y OF VAN BUREN, ARKANSAS
Notice is hereby given that a Special Meeting of the City Council of the City of Van
Buren. Arkansas, will be held at the Municipal Complex at 5:30 P.NI.on Monday, July
13, 2009, for the following purpose:
I. Discussion of New Library.
2. Proposed Settlement Cormack vs C t of V l� Bur
e•
F 1YOR
CER'T'IFICATE OF SERVICE OF NOTICE
I. Barbie Curtis. the duly appointed City Clerk- Treasurer of the City of Van Buren,
Arkansas, 1)0 HEREBY CERTIFY, that on the 13" day of July, 2009, I served a true
copy of the foregoing Notice of Special Meeting to each and every Councilman of the
City of Van Buren, Arkansas, by handing a copy to each, in the manner provided in the
By -Laws. p
BARBIE CURTIS
CITY CLERK TREASURER
WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEE'T'ING
We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby
accept service of the NOTICE OF SPECIAL MEETING,waiving any and all
irregularities in such service and in such Notice and Consent agree that the said City
Councilmen of the City of Van Buren, Arkansas, shall meet at the time and place named
in such Notice and for the purposes stated there' C 014kApy,
\C\ C\QA 0‘ 00 I
On the agenda was to consider 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. The Clerk read the Ordinance in its entirety. Alderman Swaim moved
that the rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Ragsdale, and Dodd. The Mayor declared the motion carried
as there were four (4) ayes and (0) nays. Four (4) votes being necessary for passage. The
Ordinance was read the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the
third and final reading. The motion was seconded by Alderman Ragsdale. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, and
Dodd. The Mayor declared the motion carried as there were four (4) ayes and (0) nays. Four (4)
votes being necessary for passage. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. Mayor Freeman mentioned that Crawford
Construction was an original bidder on the library, so they are familiar with the project. He also
said that the approach is to start the fire repairs and contract the completion of the construction
separately.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Ragsdale, and
Dodd. The Mayor declared the motion carried as there were four (4) ayes and (0) nays. Four (4)
votes being necessary for passage.
Motion was made by Alderman Parker and seconded by Alderman Swaim, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim. Parker, Ragsdale. and Dodd. The Mayor then declared the Ordinance duly
passed and signed sane in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 12 -2009
ORDINANCE N0: 72 =2009 l SECTION 1: T h e City C o u n c i l hereby waives-Me-re- IN WITNESS WHEREOF, the City of Tian 'BUren A r
BE IT ENACTED BY THE CITY COUNCIL, FOR THE quiremehts of competitive bidding for the above de- kansas CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE scribed project,. as such a procedure is not deemed to adopt, a vote of 4 for and 0 against, the foregoin g
by its City Council, did pass. approve, and
TO BE ENTITLED: adopt, g
I be SECTION 2: The Ordinance at its duly called Special Meeting held on
under the circumstances.
AN ORDINANCE AUTHORIZING THE MAYOR TO CON- SECTION 2: The Mayor and City Clerk are hereby the 13th day of July 2009.
(TRACT WITH CRAWFORD CONSTRUCTION FOR FIRE: 'authorized to enter into a Construction Management ROBERT 0. FREEMAN, MAYOR
DAMAGE REPAIRS'AND COMPLETION OF THE VAN 'agreement with Crawford Construction Company,
BUREN LIBRARY PROJECT, WAIVING BIDDING RE-, the Zurich Insurance's Construction Cost ATTESTED: BARBIE CURTIS, CITY CLERK/ TREAS
'u
QUIREMENTS, DECLARING AN EMERGENCY, AND Breakdown attached hereto as Exhibit "A" as Quid-
URER
FOR OTHER PURPOSES. d 'once, but not guaranteed Not to Exceed" the adjus- APPROVED AS TO FORM: N. DONALD JENKINS. 1R.,
WHEREAS, the City of Van Buren in 2007 received, CITY ATTORNEY
tors estimate, based upon the adjustors evaluation, 'Published in the July 15, 2009 issue of the Press
and opened bids in accordance with Arkansas law. far less the "General Contractor" fees and expenses al -I
the construction of the new Van Buren Library. which I A s-
lowed Architectural Bossier in the original contract, and the estab
Included a bid from' Crawford Construction Com lisped Archit fees.
parry; and I SECTION 3: Crawford Construction Company will
j WHEREAS, the City of Van Buren has determined provide, relative to the fire damage restoration. a
that in light of Bossier Constructions' material breach performance and Payment Bond at their cost, which
Of the construction agreement. that a replacement is 1.296 $6,440.00, and receive a Construction Man
contractor is needed to effectuate the repairs from agement fee, as set forth herein to cover its General
fire damage last year. and to complete the remainder Conditions, Risk, Overhead and Profit for the ap-
f the project, which was approximately 87 percent proximate four (4) months they feel the repairs and
completed; and 1 project will require.
WHEREAS, the City of Van Buren, after consulting SECTION 4: Crawford Construction Company's sery
with MANG Architecture has determined that Craw{ ices, relative to the fire'damage restoration, will in
ford.Construction Company is uniquely situated and elude: Direct Job Overhead, Distributive Expenses
qualified to take over and complete the Van Buren Li Indirect Overhead including Management Support
brary project. and and Bookkeeping services, General Conditions, Profit WHEREAS. it would be impracticable and unfeasible and Risk for a fixed fee of $75,675.41, plus the actual
to bid this project at this stage. and there is no po- cost of the Performance and Payment Bond pre/
tential for savings to the to let bids on the pro- mium.
ject, and the city needs to immediately begin repairs SECTION 5: Crawford Construction Company's man
and completion of this project without any delays or agement fee, for the completion of the entire library
any action by the City Council; and project. will be determined and established at a later WHEREAS, Section 14 -58 -303 of the ARKANSAS date, subject to City council approval.
CODE ANNOTATED provides; that "The governing SECTION 6: The repairs and other work hereto are
body,- by Ordinance, may waive the requirements of deemed and found to be necessary for the immediate
competitive bidding in exceptional situations where preservation of health, safety and welfare of the city,
such procedure is deemed not feasible or practical." and as such an emergency is hereby declared. and
NOW THEREFORE, BE IT ORDAINED BY THE CITY this•Ordinance shall take effect and be in full force.
COUNCIL OF THE CITY OF VAN BUREN. ARKANSAS, upon and after its passage and approval. J
THAT:
On the agenda next was to consider a proposed settlement between Cormack vs City of Van
Buren from Mr. Comiack's attorney. The recommendation given to us from Municipal League Attorney,
Mike Mosley, was to submit a counter offer of $7,500.00. Motion was made by Alderman Swaim to
authorize Mayor Freeman to settle this issue without any further action from the city council. The
motion was seconded by Alderman Parker. The council followed with a unanimous vote.
There being no further business, motion was made by Alderman Parker seconded by Alderman
Swains to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:55 p.m.
ATTESTED: A OVED:
4 11-ett-i—
CITY CLERK TREASURER M' Y 1`'labiamm