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HomeMy WebLinkAboutOrdinance 5380 ORDINANCE NO. 5380 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2011 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION WHEREAS,the crude oil market continues to experience extreme price volatility; and WHEREAS, this volatility has greatly increased the price of asphalt, making normal competitive bidding procedures unworkable, impractical and not feasible; and WHEREAS, the Transportation Division proposes to solicit bids on a quarterly basis without the need for further approval of the City Council through calendar year 2011. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where annual competitive bidding is not feasible or practical, and therefore through calendar year 2011, waives the requirements of formal competitive bidding for the purchase of asphalt materials, allowing the Transportation Division to solicit bids on a quarterly basis without the need for further approval of the City Council. PASSED and APPROVED this 4t'day of January, 2011. APPROVED: ATTEST: .g9999YYii'Ypp By: By: e =� 04LD JO Mayor SONDRA E. SMITH City Clerl� ' ATEVILLE® ae °�d�A/CTGt`� G e0 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/4/2011 City Council Meeting Date Agenda Items Only Terry Gulley Transportation Transportation Services Submitted By Division Department Action Required: An ordinance waiving the requirements of formal competitive bidding during calendar year 2011 for the purchase of asphalt materials for use by the Transportation Division. $ 1,532,300.00 In-House Pavement Improvements Cost of this request Category/Project Budget Program Category/Project Name 4470.9470.5417.00 $ - Transportation Improvements Account Number Funds Used to Date Program/Project Category Name 02052.1 $ 1,532,300.00 Sales Tax Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 2 " /f=/U Previous Ordinance or Resolution# 5301 Departmen ' ector Date Original Contract Date: Original Contract Number: Ci ttorney Date Finance and Internal Services Director Date Received in Cityl 2-16-1 0 P03:04 R C' Clerk's Office IJw s /o Chief o taff, Date ED Received in X71 qq Mayor's Office A %ayor to Comments: Revised January 15,2009 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Ldaye;L AS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff �� From: Terry Gulley, Transportation Services Department Director '49 Date: December 15, 2010 Subject: Bid Waiver for Asphalt Materials PROPOSAL: Staff proposes an ordinance waiving the requirements of formal competitive bidding during calendar year 2011 for the purchase of asphalt materials for use by the Transportation Division. RECOMMENDATION: Raw materials prices required to manufacture asphalt fluctuate. Asphalt is the refined residue from the distillation process of certain crude oils. The per-barrel price of crude oil is affected by numerous factors including supply and demand. Supply disruptions caused by storms, such as hurricanes in the Gulf Coast, accidents, or breakdowns create shortages which in turn will cause prices to spike. Due to the fluctuations in the price of crude oil local asphalt suppliers cannot feasibly guarantee a fixed price over a twelve month period. Staff recommends bidding asphalt materials on a quarterly basis without the need for further approval of the City Council, awarding the respective low bidder, and allowing for price adjustment requests based on the current bid language. BUDGETIMPACT: Funds for the acquisition of asphalt materials are budgeted in the In-House Pavement Improvements and Trail Development capital projects. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2011 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION. WHEREAS,the crude oil market continues to experience extreme price volatility; and WHEREAS, this volatility has greatly increased the price of asphalt, making normal competitive bidding procedures unworkable, impractical and not feasible; and WHEREAS, the Transportation Division proposes to solicit bids on a quarterly basis without the need for further approval of the City Council through calendar year 2011. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where annual competitive bidding is not feasible or practical, and therefore through calendar year 2011, waives the requirements of formal competitive bidding for the purchase of asphalt materials, allowing the Transportation Division to solicit bids on a quarterly basis without the need for further approval of the City Council PASSED and APPROVED this 4th day of January, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS RECEIVED JAN 18 2011 NEWSPAPERS-Lc CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5380 January 13, 2011 Publication Charge : $ 58.36 Signed: Subscribed and sworn to before me This 13 day of T6nvo7 2011 . Notary Public Jim Mears Washington County Commission Number 12374647 M Commission Expires: Notary Public-Arkansas My p My Commission Expires Jan.20,2020 Do not pay from Affidavit, an invoice will be sent RECEIVED Fn JAN 182011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO 63eo AN, RDINANC THEyREQUIREMENT7 S F 9RMAL 'COMPETITIVE BIDDIIVC DURING ri.r CALENDAR YEAR 2017 �FOR THE PURCHASE QF,,ASPHALT:MATERIALS FOR USE BY THE e�Tl i TRANSPCSRTATION DIVISION HEREAki'the crutle oitmarket contiTipes to e Pei- ABKA' ger oe extreme price volatility sand WHEREAS,tr6ceclla411ty has greatly mereased the puce of asphalt making normal competi- tiv„e p(dding procedures unyv4rkeble impractical and not feasible and �WHERL'AS the Transportation Diwsion'propgses toisolicit: bids on a quarterly basis witt out the need for furtf�ersapprovakof the C ty Council through calendar year 2011 NOW THEREFORE EE 17 ORDAINED BY THE CITY OOUNC►L OF THE CITY.:OF, �FAYETTEyILLE'ARKANSAS $ pSection 11,That tpe City Council of the ity of Fayetteville Piker sas herey,��ds thatsuch rclreimstances constitute anlexceptionalgsituation"where annualpbmpetdive bidding ie'no feasia' dm petite pal and therefore through calendarxyear 2071;waives the requirements of formal compe6bve bidding"fo the purcfiase of asphalt materials,'allowing the Transportatiion DJwsivn to sol(cIt bids on a quarterly basis without"the need for further approval of the Clty Council -� PASSED and APPROVED�ttus 4th day of January;�2011 <i APPROVED � LIONELD JORDAN Ma or BY � � � � � s ,,.,�,,, Y .: r SONDRA E SMITH City Cjerk/Treasurer � �