1764ORDINANCE NO.
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE
CONSTRUCTION OF A HEADWALL AT THE INGRAM STREET/TEN MILE
BAYOU PUMPSTATION AND OTHER ASSOCIATED APPURTENANCES,
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive
bidding in exceptional situations where such procedure is deemed not feasible or practical; and
WHEREAS, flood pumps have been installed at the Ingram Blvd crossing over Ten Mile
Bayou; and
WHEREAS, to function properly, flapgates need to be hung from a headwall across the
existing 108 inch culverts; and
WHEREAS, the project has been bid out and only one bidder responded; and
WHEREAS, that bid was deemed to high and attempts to negotiate a better price were
not successful; and
WHEREAS, during the negotiation process another contractor, Bearden Construction,
was found that offered a better quote; and
WHEREAS, the headwalls are urgently needed to put the pumps into service before the
rainy season begins; and
WHEREAS, it would be to time consuming to re-bid the work; and
WHEREAS, Bearden Construction is a known and experienced contractor of this type
work and is currently engaged in similar work for the Utility Department; and
WHEREAS, Bearden Contractors can begin the work immediately;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the construction of a headwall for the Ingram
Blvd/Ten Mile Bayou Pumpstation and other associated appurtenances. Competitive bidding is
being waived because there is an immediate need to construct the headwalls before the rainy
season begins, because Bearden Construction is the only contractor that offered an acceptable
quote for the work, and because it would be to time consuming to re-bid the project.
2. EMERGENCY CLAUSE. It having been found and determined by the City Council
of the City of West Memphis, Arkansas, that there is an urgent and immediate need by the City of
West Memphis to construct the headwall at the Ingram Blvd/Ten Mile Bayou Pumpstation so that
flapgates can be installed and the pumps can be used to lessen the risk of flooding for the area of
the City east of Ingram Blvd, an emergency is hereby declared to exist, and this ordinance being
necessary for the preservation of the public health, safety, and welfare of the citizens of West
Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and
approval.
PASSED AND APPROVED this ap~_ day of (=ebr~arv , 19 4''l .
ATTE
DAN C , ,ity Jerk
SPONSORED BY:
(_J~-~.-
AL BOALS, Mayor
RECEIVED ',~
CITY CLERK OFFICE
DATE ~/ ~ ~ 4 7 9 :Q? ~`''
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