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06 June 2010 Special MINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD JUNE 7, 2010 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 6:00 p.m., on Monday, June 7, 2010 at City 1 -Ta11. The meeting was called to order by Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. City Clerk Treasurer Barbie Curtis and City Attorney Donald Jenkins were also present. This made a total of nine (9) 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." First on the agenda, Mayor Freeman introduced Joe Hurst, who joined the city as our City Planner effective June 7. 2010 and Philip Votaw, the city's legal representation while we've been dealing with the bonding and insurance companies for the library. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE WITH TRAVELERS CASUALTY SURETY CO. OF AMERICA. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Moore had one question. l-le had one vendor that had not been paid for work already done to the library. 1 -le wanted to know how they would be paid. Mayor Freeman said they would be paid with the money already set back for the completion of'the library. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6 -1 -2010 RESOLUTION NUMBER 6 -1 -2010 CONTINUED CITY OF VAN BUREN, ARKANSAS RESOLUTION NO.: b l -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE WITH TRAVELERS CASUALTY SURETY CO. OF AMERICA. 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 Bossier Contracting Inc.; and WHEREAS, after evaluation, the City of Van Buren awarded the construction contract to Bossier Contracting Inc.; and WHEREAS, the payment and performance bond for Bossler Contracting Inc. is held by Travelers Casualty Surety Co. of America (Bond Number 03 TSB-1048 and WHEREAS, the City of Van Buren, Arkansas, has declared default and filed claim against aforementioned bond; and WHEREAS, Travelers Casualty Surety Co. of America offered a Settlement Agreement and Release, such agreement being conditional upon approval by the Van Buren City Council; and WHEREAS, such Settlement Agreement if approved, will resolve any and all causes of action and issues between the parties and allow the City of Van Buren to complete construction and repairs to the new library; and WHEREAS, the Settlement Agreement provides Travelers Casualty Surety Co. of America shall pay to the City of Van Buren, upon adoption of the Settlement Agreement, the sum of Two Hundred Thirty Three Thousand Four FIundred and Thirty One Dollars ($233,431) for completion and repairs to the new library; and WHEREAS, the City Council of Van Buren finds that adoption of the Settlement Agreement and Release is in the best interests of the citizens of the City of Van Buren and that such Agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That after considering all things and matters relating to the Settlement Agreement and Release the City Council finds that it is in the best interests of the City of Van Buren that the Settlement Agreement and Release, a copy of which is attached hereto, labeled Attachment" A be approved by the Van Buren City Council. SECTION 2: That the Mayor is authorized to execute, on behalf of the City of Van Buren, the Settlement Agreement and Release. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval. IN WITNESS WIIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (Q_ for and 0 against, the foregoing Resolution at its duly called special meeting held on the 7th day of June, 2010. Robert D. Freen�rt- ATTESTED: Barbie Curtis, City Clerk/Treasurer On the agenda next was to consider 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. 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 Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance 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 Sagely. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) 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. Alderman Parker asked when they would release the funds. Mr. Votaw projected a week and half before the check is sent out. Alderman Sagely asked if Mayor Freeman would let everyone know when we receive the check. Mayor Freeman responded "yes Alderman Parker said thank you to Mayor Freeman for all his hard work and dedication to completing the library. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Moore, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker. Moore, Ragsdale, Dodd, and Sagely. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 12 -2010 ORDINANCE NUMBER 12 -2010 CONTINUED CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. I :2_ 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 PROJEC 'F, 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 eor and 0 against, the foregoing Ordinance at its duly called Special Meeting held on the 7th day of lune 2010. Robert D. Freeman, Mayor AT I ESTED: Barbie Curtis, City Clerk/Treasurer There being no further business, motion was made by Alderman Swaim seconded by Alderman Moore to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:24 p.m. ATTESTED: AP OVED: I 1 CITY CLERK- TREASURER MA OR