HomeMy WebLinkAboutOrdinance 5411 ORDINANCE NO. 5411
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH
ARKANSAS WESTERN GAS COMPANY IN THE AMOUNT OF $74,594.00
PLUS A CONTINGENCY OF $15,710.00 FOR THE RELOCATION OF GAS
MAINS AND FACILITIES NECESSARY FOR THE CATO SPRINGS ROAD
WIDENING PROJECT
WHEREAS,only the Arkansas Western Gas Company is allowed to relocate its gas mains
when necessary for a road widening project like the Cato Springs Road Project; and
WHEREAS,entering into a cost share project with Arkansas Western Gas Company is the
most cost effective and efficient way to accomplish the necessary gas main and facilities relocation
so that the Cato Springs Road Project can be accomplished.
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 determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves a contract with
Arkansas Western Gas Company in the amount of$74,594.00 plus a contingency of$15,719.00 for
the relocation of gas mains and facilities necessary for the Cato Springs Road Widening Project. The
City Council authorizes Mayor Jordan to sign the contract attached as Exhibit"A".
PASSED and APPROVED this 17th day of May, 2011.
APPROVED: ATTEST:
r
,11T
By: R RE,gs•,
ONEL J RDA ,Mayor SONDRA E. SMITH, City Clerk/Trea&--K-"Y D;�••�!�a
FAYET7EVILLE;
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer:
Address:
Job Location: �1
THIS AGREEMENT, made and entered into this 4 day of ,and between
City of Fayetteville acting by and through its duly authorized representative, herein&fteir referred to as the'Developer,"
and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter
referred to as the"Owner."
WITNESSETH:
WHEREAS, the"Developer"proposes to make certain improvements at the location designation as shown above;
and as part of the necessary work of such improvements, "Owner"must adjust or relocate certain of its existing facilities,
and in connection with such adjustment, or relocation, "Developer"shall participate in the costs of such work to the extent
herein agreed upon; and
WHEREAS, the proposed improvement necessitates the adjustment and/or relocation of certain facilities of
"Owner" as described in the following description of work.
Install pipe with all necessary appurtenances to relocate for the proposed Cato Springs Road Bond Project-Job
040496. "Developer" will reimburse 64.52% of costs to "Owner".
and such adjustment, relocation, or construction being shown in detail in"Owner's"plans,sketches,estimate of cost,and
specifications (when applicable)which are attached hereto and made a part hereof; and
WHEREAS, the "Developer" desires to implement the herein described utility adjustments or relocations and
approve the proposed utility construction of"Owner" by entering into an agreement with said "Owner."
NOW, THEREFORE, IT IS HEREBY AGREED:
1. Where applicable hereunder by reason of new utility occupancy or crossing of"Developer's" property,
"Developer" hereby grants to "Owner" a right of way license and permission to install and operate utility facilities on or
across"Developer's"properties as shown on the approved plans or sketch maps attached hereto and made a part hereof,
and to execute such easements or right of way grants as may be necessary to evidence and record such right of"Owner."
2. Where applicable hereunder by reason of new construction on existing utility rights of way, "Owner"
hereby grants to "Developer" the right to use for his purposes the lands within the project limits on or across which
"Owner" holds a valid property interest antedating "Developer's" rights which were subsequently acquired in the same
lands, and which property rights"Owner"shall retain so long as"Owner"(or"Owner's"successors or assigns)continues
such use and occupancy and does not abandon,and thereby release, such property interest to"Developer"through facility
removal in making said adjustments or by subsequent facility removal for"Owner's" convenience; and the"Developer"
hereby agrees that"Owner," by granting said right and by said continued joint use and occupancy, does not waive any
future claim for reimbursement for adjustment cost as may be eligible for reimbursement by reason of such prior property
interest, nor does "Owner"waive any other legal or property right held under the Law or Constitution of the State or the
United States.
3. In the event that future construction, reconstruction, expansion, relocation, rehabilitation, betterment,
maintenance, or other work on the facilities owned and operated by either the "Developer" or the "Owner" in the area
jointly occupied or used under either or both the above provisions of this Agreement will disturb, detrimentally affect,
interfere, or be inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in
writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and
where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in
the property of the "Developer" or the "Owner," either party hereto may, at its own responsibility and risk, make any
necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable.
4. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be
started, and shall keep the"Developer" informed of progress and activity related to the work being performed, and shall
furnish written notice when the work is completed.
5. "Developer" agrees that the cost of the utility adjustment, relocation, and/or construction provided for
hereunder shall be paid to "Owner" as follows: "Owner" agrees the "Developer"will only pay actual cost of adjustment,
relocation, and/or construction should actual cost be less than $78594.00. If actual cost exceeds $78594.00, the
"Developer"will pay only the actual cost.
1
6. "Owner"shall accept as full payment for work hereunder the amount developed or accumulated as eligible
actual and related indirect costs in accordance with "Owner's" accounting procedure, which is the Uniform System of
Accounts prescribed by the Arkansas Public Service Commission. "Owner"further agrees to retain said cost records and
accounts for inspection and audit for a period of not less than one (1) year from the date of final payment.
7. "Owner"shall be responsible for any and all hazards to persons, property, and traffic, and shall save the
"Developer"harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission
by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on
facilities constructed under this Agreement; and"Owner"shall, in completing said work, perform clean up and restoration
of appearances of the work area including disposal of surplus materials and debris, so as not to leave the work area in an
unsafe or unsightly condition.
8. If requested by"Owner" in writing, "Developer" shall make intermediate progress
payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly
intervals, for work hereunder upon receipt of statements in two (2) copies for periodic and unpaid costs, provided the
herein estimated reimbursable amount if$2,000.00 or more,and that no such intermediate payment shall be construed as
final settlement for any item included in any intermediate billing.
9. "Owner" shall, within six (6) months after completion of the adjustment and acceptance thereof by the
"Developer,"prepare and submit to"Developer"a detailed complete(including intermediate billings, if any)and final bill in
two (2) copies and covering the total cost for the adjustment of"Owner's" facilities.
10. The"Developer,"upon receiving from"Owner"the final billing documents complete as listed next above,
shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's"
facilities as agreed herein. "Developer"shall pay"Owner"within thirty(30)days after such billing documents are received.
If"Developer"fails to pay within said time, the amount due shall bear interest at the maximum allowable rate until paid.
"Developer" shall have the right to inspect and audit the books of account of"Owner" during normal business hours of
"Owner" at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owner's" billing.
"Owner"agrees to refund any and all amounts paid in payments found in the audit to exceed the total amount eligible for
work hereunder.
11. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to relative
property rights, right of way occupancy permission, access for servicing when applicable and joint use of rights of way
shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal
representatives, successors or assigns.
12. Anything contained herein notwithstanding, if requested by"Owner"in writing,"Developer"shall make an
advance payment not to exceed percent(_%)of eligible billed costs for work to be performed upon receipt of
statements in two(2)copies for estimated costs. No such advance payment shall be construed as final settlement for any
item included in any billing.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly
authorized representatives the date first hereinabove written.
"OWNER" "DEVELOPER"
ARICANSA ESTERN GAS COMPANY Citypf Fayetteville
Its:
V-1 : Mayor, Lior3 iordan
SVS;
Attest: (If Corporation)
Its:
�`►�U11TII7ir►►
Witness: (If Individual or PartnershiK'G�� YT� SG
E:XHlBrr
• FAYETTEVILLE;
cl�l
"o, .4v
GTON`�;
2
TOTAL ESTIMATED PROJECT COST $121,821.35
TOTAL ESTIMATED COST to AWG 35.48% $43,226.93
TOTAL ESTIMATED REIMBURSEMENT by the City of Fayetteville to 64.52% $78,594.42
AWG
City of Fayetteville 1,400 L.F.
Reimbursement x 100 = 64.52%
Calculation= 21170
L.F.
(See Attached Sheet for detailed listing)
ARKANSAS WESTERN GAS COMPANY
COST ESTIMATE
Cato Springs Road Relocation
Washington County
1006195
Item Quantity Unit Unit Price Total
MATERIALS
1 2"Plastic Pipe 660 It $0.75 $495.00
2 4"Plastic Pipe 1,310 ft $2.14 $2,803.40
3 314"Plastic Pipe 200 ft $0.15 $30.00
4 4"Steel Pipe 180 ft $8.00 $1,440.00
5 Tracer wire 2,100 ft $0.10 $210.00
6 4" Spherical Tee 2 ea. $1,200.00 $2,400.00
7 1/143-WayTee 2 ea. $100.00 $200.00
8 2"Transition Fitting 2 ea. $25.00 $50.00
9 11/4 Transition Fitting 2 ea. $18.00 $36.00
10 2"3-Way Tee 2 ea. $110.00 220
11 4"X2" High Volume Punch Tee 4 ea. $75.00 300
12 2"x2" High Volume Punch Tee 4 ea. $65.00 260
13 4X3/4 Service Punch Tee 10 ea. $18.00 180
14 2X3/4 Service Punch Tee 3 ea. $15.00 45
15 3/4"Anodeless Riser 13 ea. $35.00 455
16 3/4" Single Loop 13 ea. $55.00 715
17 4"3-R Weld Ell 4 ea. $250.00 1000
18 Sales Tax on Material 1 ea. $540.60 540.6
Sub-Total $11,380.00
CONTRACT LABOR
1 Sub-Total 71,965.00
COMPANYLABOR
1 Easement Acquisition By Land Agent 0 Land Owner $0.00
2 Pipe Line Contractor 0 ft $0.00
3 Surveyor 0 LS $0.00
Director of Construction 16 Hours $50.00 $800.00
Superintendant 0 Hours $0.00
Inspector 80 Hours $50.00 $4,000.00
Crew Leader 48 Hours $50.00 $2,400.00
Lineman 0 Hours $0.00
Serviceman 0 Hours $0.00
Mileage 0 Miles $0.00
Per Diem 14 $75.00 $1,050.00
Sub-Total $8,250.00
Right-of-Way Cost 20% FMV L.F. $0.00 $0.00
General Overhead 33.0% $30,226.35
TOTAL(Materials,Contract Labor,Company Labor,Equipment,RM,SWPPP,Preliminary Enginearing) $91,595.00
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/17/2011
City Council Meeting Date
Agenda Items Only
Chris Brown Engineering Development Services
Submitted By Division Department
Action Required:
A resolution approving an Utility Construction/Relocation Agreement with Arkansas Western Gas Company for Cato
Springs Road (Razorback Rd to S. School Av) in the amount of$78,594.00 plus a 20%contingency of$15,719.00 for
a total of$94,312.00.
$ 94,312.00 $ 1,271,614.00 Transportation Bond Street Improvements
Cost of this request Category/Project Budget Program Category/Project Name
4520.9520.5809.00 $ 98,088.89 Sales Tax Construction Bonds
Account Number Funds Used to Date Program/Project Category Name
06035.1200 $ 1,173,525.11 Sales Tax Construction Fund 2006
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
Previous Ordinance or Resolution#
Department biredo Date
�j Original Contract Date:
/�- ✓� Jr 3 't 1 Original Contract Number:
City Attorney Date
% & 0. [ �. ..�. 5- 3-�t j
cx -
Finan and Internal Services Director Date Received in 0ity-2) l h[1 g f?C V D
Clerk's Office
/ q/,D
Chief of St Date ETEf3EQ
Received in p
Mayor's Officef
May Bate
Comments:
Revised January 15, 2009
% A d
V e THE CITY OF FAYETTEVILLE,ARKANSAS
Fay4 DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO Council Meeting of May 17,2011
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer
Date: April 27, 2011
Subject: A resolution approving an Utility Construction/Relocation Agreement with Arkansas Western
Gas Company for Cato Springs Road (Razorback Rd to S. School Av)
PROPOSAL:
After reviewing the proposed construction plans, Engineering staff and Arkansas Western Gas (AWG) staff
have agreed that approximately 2,170 linear feet of existing gas line and appurtenances will have to be relocated
to allow the proposed Cato Springs Road improvements to be constructed. It was also determined that 64.52%
of the existing gas facilities are located within private easements. Therefore, the City will reimburse AWG
64.52% or $78,594.00 of actual costs to relocate their facilites which is presently estimated at $121,821.00.
Due to the unpredictable nature of construction projects, staff has included a 20% contingency for unforseen
utility conflicts which is estimated at $15,719.00. The total dollar amount to be approved by City Council is
$94,312.00. The final payment by the City will be based on the actual quantity of gas facilities relocated,
whether less than or more than the current estimate of 2,170 linear feet.
RECOMMENDATION:
Staff recommends City Council approval of the agreement with Arkansas Western Gas Company.
BUDGET IMPACT:
Funds are available from the project budget which is funded by the Transportation Bond Program.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH
ARKANSAS WESTERN GAS COMPANY IN THE AMOUNT OF $74,594.00
PLUS A CONTINGENCY OF $15,710.00 FOR THE RELOCATION OF GAS
MAINS AND FACILITIES NECESSARY FOR THE CATO SPRINGS ROAD
WIDENING PROJECT
WHEREAS,only the Arkansas Western Gas Company is allowed to relocate its gas mains
when necessary for a road widening project like the Cato Springs Road Project; and
WHEREAS,entering into a cost share project with Arkansas Western Gas Company is the
most cost effective and efficient way to accomplish the necessary gas main and facilities relocation
so that the Case Springs Road Project can be accomplished.
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 determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves a contract with
Arkansas Western Gas Company in the amount of$74,594.00 plus a contingency of$15,719.00 for
the relocation of gas mains and facilities necessary for the Cato Springs Road Widening Project. The
City Council authorizes Mayor Jordan to sign the contract attached as Exhibit"A".
PASSED and APPROVED this 17th day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer:
Address:
Job Location:
THIS AGREEMENT, made and entered into this day of ,and between
City of Fayetteville acting by and through ' duly authorized representative, herei a er referred to as the"Developer,"
and ARKANSAS WESTERN GAS COMP Y, acting by and through its duly uthorized representative, hereinafter
referred to as the"Owner."
WITNESSETH:
WHEREAS,the"Developer"proposes to ke certain improvemen at the location designation as shown above;
and as part of the necessary work of such improvem ts, "Owner"must a ust or relocate certain of its existing facilities,
and in connection with such adjustment,or relocation, eveloper"shall rticipate in the costs of such work to the extent
herein agreed upon; and
WHEREAS, the proposed improvement necessi tes the a Justment and/or relocation of certain facilities of
"Owner" as described in the following description of work.
Install pipe with all necessary appurtenances to relocate for t roposed Cato Springs Road Bond Project - Job
040496. "Developer" will reimburse 64.52% of costs to "Own
and such adjustment, relocation, or construction being show in det 'I in"Owner's"plans,sketches,estimate of cost,and
specifications (when applicable) which are attached beret and mad a part hereof; and
WHEREAS, the "Developer" desires to imple ent the herein d cribed utility adjustments or relocations and
approve the proposed utility construction of"Owner" entering into an a eement with said "Owner."
NOW, THEREFORE, IT IS HEREBY AGR D:
1. Where applicable hereunder by r son of new utility occupa cy or crossing of"Developer's" property,
"Developer" hereby grants to "Owner" a right of ay license and permission to install and operate utility facilities on or
across"Developer's"properties as shown on th approved plans or sketch maps clued hereto and made a part hereof,
and to execute such easements or right of way rants as maybe necessary to evid ce and record such right of"Owner."
2. Where applicable hereund by reason of new construction on e i ting utility rights of way, "Owner"
hereby grants to "Developer" the right to a for his purposes the lands within the roject limits on or across which
"Owner" holds a valid property interest a edating "Developer's" rights which were su equently acquired in the same
lands, and which property rights"Owner"shall retain so long as"Owner"(or"Owner's"su essors or assigns)continues
such use and occupancy and does not ban on,and thereby release,such property interest "Developer'through facility
removal in making said adjustments r by subsequent facility removal for"Owner's"conven' nce; and the"Developer"
hereby agrees that"Owner," by gra ting said right and by said continued joint use and occup ncy, does not waive any
future claim for reimbursement for djustment cost as may be eligible for reimbursement by rea n of such prior property
interest, nor does "Owner"waiv any other legal or property right held under the Law or Constitu' n of the State or the
United States.
3. In the event at future construction, reconstruction, expansion, relocation, rehabi tion, betterment,
maintenance, or other wor on the facilities owned and operated by either the "Developer" or the "Owner" in the area
jointly occupied or used ykler either or both the above provisions of this Agreement will disturb, detrimentally affect,
interfere, or be inconve (ent to the facilities or responsibilities of either party, the parties hereto shall reach agreement in
writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and
where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in
the property of the "Developer" or the "Owner," either party hereto may, at its own responsibility and risk, make any
necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable.
4. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be
started, and shall keep the"Developer" informed of progress and activity related to the work being performed, and shall
furnish written notice when the work is completed.
5. "Developer" agrees that the cost of the utility adjustment, relocation, and/or construction provided for
hereunder shall be paid to"Owner"as follows: "Owner" agrees the"Developer"will only pay actual cost of adjustment,
relocation, and/or construction should actual cost be less than $78594.00. If actual cost exceeds $78594.00, the
"Developer"will pay only the actual cost.
1
6. "Owner"s all accept as full payment for work hereunder the amount developed or accumulated as eligible
actual and related indirect sts in accordance with "Owner's" accounting proced e, which is the Uniform System of
Accounts prescribed by the ansas Public Service Commission. "Owner"further fees to retain said cost records and
accounts for inspection and au 't for a period of not less than one (1) year from a date of final payment.
7. "Owner"shall be esponsible for any and all hazards to persons property,and traffic, and shall save the
"Developer"harmless in all respec from any and all losses,damages,or injuri caused by any neg ligentact or omission
by "Owner's" employees or agent p arming work under this Agreement o future maintenance or servicing work on
facilities constructed under this Agree nt;and"Owner"shall, in completin said work, perform cleanup and restoration
of appearances of the work area includin disposal of surplus materials a debris, so as not to leave the work area in an
unsafe or unsightly condition.
8. If requested by"Owner" in iting, "Developer" shall ake intermediate progress
payments in amounts not exceeding ninety rcent (90%) of eligi le billed costs, and no more often than monthly
intervals, for work hereunder upon receipt of st ements in two (2 copies for periodic and unpaid costs, provided the
herein estimated reimbursable amount if$2,000.0 or more, and t t no such intermediate payment shall be construed as
final settlement for any item included in any interm We billing.
9. "Owner" shall, within six (6) months er cam €et€an of the adjustment and acceptance thereof by the
"Developer,"prepare and submit to"Developer"a detai d co plete(including intermediate billings, if any)and final bill in
two (2) copies and covering the total cost for the adjust n of"Owner's"facilities.
10. The"Developer,"upon receiving from"O &'the final billing documents complete as listed next above,
shall pay "Owner" for the eligible actual cost, less all pri yments, if any, for making the adjustments in "Owner's"
facilities as agreed herein. "Developer"shall pay"Owner' with thirty(30)days after such billing documents are received.
If"Developer"fails to pay within said time, the amount ue sha bear interest at the maximum allowable rate until paid.
"Developer" shall have the right to inspect and audit t e books o account of"Owner" during normal business hours of
"Owner" at any time within the time limit set forth i Paragraph to determine the correctness of "Owner's" billing.
"Owner"agrees to refund any and all amounts paid ' payments foun in the audit to exceed the total amount eligible for
work hereunder.
11. It is mutually agreed by the pa 'es hereto that the pro isions of this Agreement pertaining to relative
property rights, right of way occupancy permis 'on, access for servicing hen applicable and joint use of rights of way
shall continue in full force and effect from the to of execution, and shall b perpetually binding upon each party's legal
representatives, successors or assigns.
12. Anything contained herein Withstanding, if requested by"O ner"in writing,"Developer"shall make an
advance payment not to exceed q rcent(_%)of eligible billed costs or work to be performed upon receipt of
statements in two(2)copies for estimate costs. No such advance payment shall a construed as final settlement for any
item included in any billing.
IN WITNESS WHEREOF,th parties hereto have caused this instrument to be xecuted in duplicate by their duly
authorized representatives the date rst hereinabove written.
"OWNER" "DE LOPER"
ARKANSAS WESTERN GAS(/OMPANY City of Fay tteviile
Its: Director, AssetOpen tions, Arkansas Its: Mayor, Lioneld Jordan
Attest: (If Corporation)
Its:
Witness: (If Individual or Partnership)
EXHIBIT
2
NORTHWEST ARKANSAS
NEWSPAPERS.
Northwest Arkansas Democrat Gazette
The Morning News of Springdale RECEIVED
The Morning News of Rogers JUN 0 9' 2011
Northwest Arkansas Times
CITY OF FAYETTEVILLE
Benton County Daily Record CITY CLERK'S OFFICE
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 5411
ORDINANCENO 5�411"���
AN ORDINANCE WANING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING ���
Published June 2, 2OI Z A CONTRACT WITH ARKANSAS WESTERN GqSal,
COMPANY 1N THE AtvIOUNT OF $74j5940R
PLUS A CONTINGENCY OF$15710g0FOR THE '
q RELOCATION-OF',"GAS MAINS AND FACtLITIES�
Publication Charge : $ 71 .34 NECESSARYFORTHEC$TOSPRINGSROADWIDENINGPROJECT
WH):REAS only the Arkansa"§Vy6iem Gas Company is-allowed"t�relocate`(ts gas mains'''
when,necessary forxa joad wldering protectalike the?"Gato Springs z9bad�rptect,°arid
WHERE/�Sa entering eta a cost sflare protect vnth/�rkaneas Wes�err�Gas Company(s the,
most cost effective and efficient°°way to ac66mmofish thb,necessar.'a9WaWdnci faclltlesF_
relocation so that the Cato Sprnge Road Protect cart be accomplished
—_ NOW THEREFORE�;B6 IT ORDAINED BY TyE CITY COUNCIL OF THE CITY OF
Signed: — ----- � FAYETTBVILLEARlANSAS T s
-------------- Section 1,That the Clty Counctl of the City of Fayetteville,Arkansas ereby determ as
exceptional situation azists in which competitive""is deemed not feasible'(practical`
and thereforewalGesiie requirements offorinal cornpetitive bidding and appro'v`es"a contracY?
Subscribed and sworn to before me wmt Amnsas' 'stern gas°cmpanyrm the amount of$745940q plus a°ontmgency of
$75 7f9':00 fonthe�relocation of'gas msins and'faciliti§ necessary'iortfie Cato Springs Tioad
Widening Project The City Council authorizes Mayor Jordan to.signthe tracta6ched,
This day ofv rs 2011 . as Exhibit'"A � �
PASSED and APP,R16 D this"1"7th day"oF(vtay 2b?1.
APPROVED gTTEST
BY By
LIONELD JORDAN,Mayor• SONDRp E SNIITH,Clty CIerWTreas iter ,
----------------Exhibits for#his ordiTtance may be viewed,in the office of the Clty Clerk/Treasurer:' ,
Notary Public
'Jin1 Mears
`0,Jashington{,ouiifiy
My Commission Expires: 'aLJ "' '`m,1 s cion Number 1237464
4otary Puakc- t.ansas
Do not pay from Affidavit, an invoice will be sent