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2297 ORDINANCE NO, 22`fl 7 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF A 2,250 kW GENERATOR SET POWERED BY A CATERPILLAR ENGINE WITH A 7,500 GALLON FUEL TANK WITH AUTOMATIC TRANSFER SWITCHGEAR, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 authorizes the waiving of competitive bidding in exceptional situations where competitive bidding is deemed not feasible or practical; and WHEREAS,the City of West Memphis is in need of acquiring a 2,250 kW Generator Set powered by a Caterpillar engine with a 7,500 gallon fuel tank; and WHEREAS, Fisher&Arnold, Inc., the consulting engineers for the West Memphis Utilities on this project, has determined that the proposed generator will fully meet the intent of the specifications of the West Memphis Utility Commission; and WHEREAS, the West Memphis Utility Commission has previously requested bids for a currently manufactured generator and,based upon the recommendation of the consulting engineer, the Commission has rejected the bids and recommended that competitive bidding be waived for the purchase of the 2007 generator from Thompson Power; and WHEREAS, the City Council determines that competitive bidding should be waived for the reason that Thompson Power has a generator manufactured in 2007 that meets the needs of the West Memphis Utilities and pre-dates EPA regulations applicable to currently manufactured generators and competitive bidding under such circumstances would not be feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS THAT: SECTION 1. Competitive bidding is hereby waived for the purchase a 2,250 kW Generator Set powered by a Caterpillar engine with a 7,500 gallon fuel tank with Automatic Transfer Switchgear, for a total cost of$514,441.00. This item is to be purchased from Thompson Power. SECTION 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 19 day of A-PA It— , 2012. WILLIAM H. JOHNS , MAYOR ATTEST: .44011. PH 40Tomr• , CITY CLERK SPONSORED BY: RECEIVED City Clerk's Office Date/Time 0411610.. 0 41) Ordinance No. By Page Two