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20636ORDINANCE NO. 20,636 PIA 3 AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDDING AND 4 AUTHORIZE THE CITY MANAGER TO ENTER INTO A SOLE 5 SOURCE CONTRACT WITH GARVER, LLC, FOR ENGINEERING 6 SERVICES IN CONNECTION WITH A LANDSLIDE ON THE 7 ARKANSAS RIVER TRAIL; TO DECLARE AN EMERGENCY; AND 8 FOR OTHER PURPOSES. 9 10 WHEREAS, rain caused a large landslide in a portion of the Arkansas River Trail, and 11 WHEREAS, after a competitive selection process, consultants hired to prepare construction 12 drawings and do soil analysis for the corrective work on the landslide included Grubbs, Hoskyn, Barton 13 and Wyatt, Inc., with the Grubbs firm handling the geo- technical analysis and Garver, LLC, handling the 14 construction drawings through a subcontract, and 15 WHEREAS, competitive bidding for the designed construction work yielded no bids within the 16 given budget, and 17 WHEREAS, after FEMA Officials increased available funding to accommodate the difficulty of 18 construction, a need now exists to revise the earlier drawings and prepare biddable documents for a new 19 round of bidding on the construction work to correct the landslide, and 20 WHEREAS, the Grubbs Firm has indicated it has already performed its portion of the scope of 21 work, namely the geo- technical analysis, and has no interest in the additional work, and 22 WHEREAS, competitive bidding should be waived owing to Garver's familiarity with the 23 landslide area and the construction drawings already accomplished by Garver and therefore a contract 24 should be awarded to Garver to revise its earlier drawings and prepare new biddable documents for the 25 construction work. 26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 27 CITY OF LITTLE ROCK, ARKANSAS: 28 Section 1. Due to the unique position of Garver, LLC as to the work it has already accomplished 29 on this landslide correction project, the Board of Directors finds that competitive bidding should be 30 dispensed with and that a contract for the remaining engineering services needed for the landslide 31 correction project should be awarded to Garver, LLC. 32 Section 2. The City Manager is hereby authorized to dispense with competitive bidding and to 33 enter into a sole source contract, in a form acceptable to the City Attorney, with Garver, LLC, in an [Page 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 amount not to exceed Sixty Thousand, Six Hundred Dollars ($60,600). Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance. Section 5. Repealer. All ordinances and resolutions, and parts thereof, that are in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. Section 6. Emergency. The work to be done to correct the landslide is deemed essential to the public health, safety and welfare, particularly in order to assure that it will be done before weather conditions could deteriorate the situation further; and emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: September 18, 2012 Thomas M. Carpenter' orney H H H H H H H H H H H H H (Page 2 of 21 APPROVED: Mark Stodola, Mayor