HomeMy WebLinkAbout67-09 RESOLUTIONRESOLUTION NO. 67-09
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH POLLUTION MANAGEMENT, INC. IN THE AMOUNT OF
$19,680.00 FOR REMOVAL OF UNDERGROUND STORAGE
TANKS AT THE NOLAND WASTEWATER TREATMENT
FACILITY; AND APPROVING A CONTINGENCY IN THE
AMOUNT OF $5,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a construction contract with Pollution Management, Inc. in the
amount of $19,680.00 for removal of underground storage tanks at the Noland
Wastewater Treatment Facility. A copy of the contract, marked Exhibit "A," is
attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Contingency in the amount of $5,000.00.
PASSED and APPROVED this 7th day of April, 2009.
APPROVED:
By
ATTEST:
By
SONDRA E. SMITH, City Clerk/Treasurer
SECTION 00500
AGREEMENT BETWEEN
CITY OF FAYETTEVILLE AND POLLUTION MANAGEMENT, INC.
THIS AGREEMENT is dated as of the tilh. day ofr I I in the year
2009 by and between the CITY OF FAYETTEVILLE and PO LUTION MANAGEMENT,
INC.
I. The POLLUTION MANAGEMENT, INC. shall commence and complete all Work as
specified or indicated in the Contract Documents. The WORK is generally described as
follows:
UNDERGROUND STORAGE TANK REMOVAL
POLLUTION MANAGEMENT, INC. shall furnish all materials, supplies, tools,
equipment, labor and other service necessary for the completion of the WORK described
herein.
3. POLLUTION MANAGEMENT, INC. shall commence the WORK required by the
CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO
PROCEED and completed and ready for final payment within 90 calendar days.
POLLUTION MANAGEMENT, INC. shall pay the CITY OF FAYETTEVILLE, as
liquidated damages, the sum of $200 for each calendar day thereafter that the WORK is
not complete.
4. POLLUTION MANAGEMENT, INC. agrees to perform all of the WORK described in
the CONTRACT DOCUMENTS and comply with the terms therein as shown in the
BID PROPOSAL.
5. The term CONTRACT DOCUMENTS shall mean and include the following:
5.1 Invitation to Bid
5.2 Information for Bidders
5.3 Supplemental Information for Bidders
5.4 Bid Proposal
5.5 Bid Bond
5.6 Agre ment Between City of Fayetteville and Pollution Management, Inc.
5.7 Performance and Payment Bond
5.10 General Conditions
5.13 Prevailing Wage Rates
5.14 Notice of Award
5.15 Notice to Proceed
5.16 Project Manual for Underground Storage Tank Removal
5.18 Addenda
5.19 Change Orders
00500.doc 1
6. The CITY OF FAYETTEVILLE shall pay POLLUTION MANAGEMENT, INC. in
the manner and at such times as set forth in the General Conditions such amounts as
required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
8. MISCELLANEOUS
8.1. Terms used in the Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
taw), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
8.3. City of Fayetteville and Pollution Management, Inc. each binds itself, it partners,
successors, assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants, agreements
and obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken and all remaining provisions
shall continue to be valid and binding upon stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible expressing the
intention of the stricken provision.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost or fees.
8.6. Freedom of Information Act. City of Fayetteville contracts and documents
prepared while performing city contractual work are subject to the Arkansas
Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, Pollution Management, Inc. will do everything possible
to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.7. This contract must be interpreted under Arkansas Law.
00500.doc 2
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and POLLUTION
MANAGEMENT, INC. have signed this Agreement in quadruplicate. One counterpart each
has been delivered to City of Fayetteville and Engineer, and two counterparts have been
delivered to Pollution Management, Inc. All portions of the Contract Documents have been
signed, initialed, or identified by City of Fayetteville and Pollution Management, Inc. or
identified by Engineer on their behalf.
OWNER
CITY OF FAYETTEVILLE
B
" \V„ t Mayor o • • d Jordan
Olk
U�V,•G;SY Oc •Gp• 11CORPORATE SEAL]
;FAYETTEVILLE;
--ti- /c o n �N G J4 ST r
Address for giving notices:
113 W. Mountain
Fayetteville, AR 72701
00500.doc
CONTRACTOR
POLLUTION M
BY
LNoctc Rtcttt6iM- "Pres t4
[CORPORATE SEAL]
n��pOIICCCR•K-
oa��� .[':1J%.1,:.; : •.
PO aFv.,�'�'4
e 9�a
ya
ATTEST �,pa% V
Tom YScar
Address for giving notices:
3512 South Shackleford
Little Rock, AR 72205
License No. GC# 001 0070409
ADE/D# 000236
Agent for service of process:
(If POLLUTION MANAGEMENT, INC. is a
corporation, attach evidence of authority to sign.)
3
Shannon Jones
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/7/2009
City Council Meeting Date
Agenda Items Only
Water and Wastewater
Division
Action Required:
9/7i1
(07-0?
%/SiBm
monagoneetli
Water and Wastewater
Department
Approval of Bid #09-21 for a construction contract with Pollution Management, Inc. in the amount of $19,680.00 with a
contingency of $5,000.00 for removal of underground storage tanks at the Noland Wastewater Treatment Facility.
24,680.00
Cost of this request
5400.5700.5815.00
Account Number
05044.3
Project Number
Budgeted Item
1
Depart e Directo
xx
40,000.00
Category / Project Budget
Funds Used to Date
40,000.00
Remaining Balance
Budget Adjustment Attached
Underground Storage Tank Removal
Program Category / Project Name
Water & Wastewater
Program / Project Category Name
Water / Sewer
Fund Name
Aga
City Attomey
-Lat0..tJ.
Finance and Internal Services Director
6� o�
Date
Oat
ate
3-ty-09
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayors Office
E
Comments:
Revised January 15, 2009
¶ttvtlle..,..
CITY COUNCIL AGENDA
City Council Meeting of April 7, 2009
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Fayetteville Sewer Committee
Don Marr, Chief of Staff
David Jurgens, Water and Wastewater Directo
From: Shannon Jones, Water and Wastewater Engine
Date: March 16, 2009
Subject: Approval of Bid #09-21 for a construction contract with Pollution Management, Inc. in
the amount of $19,680.00 with a contingency of $5,000.00 for removal of underground storage
tanks at the Noland Wastewater Treatment Facility.
RECOMMENDATION
Staff recommends approval of Bid #09-21 for a construction contract with Pollution Management, Inc.
in the amount of $19,680.00 with a contingency of $5,000.00 for removal of underground storage tanks
at the Noland Wastewater Treatment Facility.
BACKGROUND
The project includes removal of four (4) underground storage tanks, 1000 gallon unleaded, 2000 gallon
diesel, 6000 gallon diesel, 6000 gallon diesel at the Noland Wastewater Treatment Facility. This is the
final of a three phased project to remove all of the buried fuel and chemical storage tanks owned by the
Water and Wastewater. These tanks are approaching their service life, and we have above ground tanks
available that meet the requirements previously met by the buried tanks. These tanks are located very
close to the White River, and failure of the tanks could produce very harmful results. The City learned
this in the first phase of this project was to remove a chemical storage tank at the Gregg Avenue sewer
lift station, which was discovered to be leaking into the stream. Significant remediation was required,
costing over $100,000 for one tank alone. ADEQ has very stringent removal and closure requirements
for buried storage tanks due to the frequency with which abandoned or improperly removed buried tanks
cause contamination.
DISCUSSION
The City received 4 responsive bids on March 12, 2
Pollution Management, Inc.
MiD-America Environmental Solutions
Cobb Environmental & Technical Services, Inc.
Ark -O Petroleum Equipment Co.
009.
$19,680.00
$21,875.00
$25,280.00
$27,789.00
Pollution Management, Inc. is a licensed underground storage tank contractor with the State of Arkansas
Department of Environmental Quality. They submitted a site specific work plan for underground
storage tank permanent closure and removal in accordance with the bid documents. Review of the work
plan indicates they did a thorough investigation of the sites where the tanks are located and are qualified
to complete the work.
BUDGET IMPACT
Funds are available within the project budget.
Noland UST Removal W&S CCMemo 16Ma,09
RESOLUTION NO.
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH POLLUTION MANAGEMENT, INC. IN THE AMOUNT OF
$19,680.00 FOR REMOVAL OF UNDERGROUND STORAGE
TANKS AT THE NOLAND WASTEWATER TREATMENT
FACILITY; AND APPROVING A CONTINGENCY IN THE
AMOUNT OF $5,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a construction contract with Pollution Management, Inc in the
amount of $19,680.00 for removal of underground storage tanks at the Noland
Wastewater Treatment Facility. A copy of the contract, marked Exhibit "A," is
attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Contingency in the amount of $5,000.00.
PASSED and APPROVED this 7th day of April, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Underground Storage Tank Remov
Ark -O Petroleum Equipment Co.
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Cobb Environmental & Technical Services, Inc.
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3 MiD-America Environmental Solutions
Pollution Management, Inc.
'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
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SECTION 00310
BID PROPOSAL
LOCATION: CITY OF FAYETTEVILLE, ROOM 306
113 W MOUNTAIN
FAYET1 EVILLE AR 72701
DATE: March 5 2009 at 2.00 p.m. LOCAL TIME
Proposal of:
Address:
Poi (0-m14 nArmiAteatisr, c..,
EAs-r-
Sprisduyvisi tirtrAnksetA 12%90
150-1I3I TI+ -
Bid For: UNDERGROUND STORAGE TANK REMOVAL
Bid Submitted to:
The City of Fayetteville
Andrea Foren, Purchasing Agent — Room 306
113 W. Mountain
Fayetteville, AR 72701
BIDDER will complete the Work for the unit prices as listed in the Bid Form.
Total Base Bid as outlined on Bid Form:
14 to f.TVE4 TT1ovb D 5tY NOI40QIg D
[I6W-fr Utukts £, 140/GEWS
Amount in Words
$_ 19 (A Oa
Figures
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement
with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete
all Work as specified or indicated in the Contract Documents for the Contract Price and within
the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the
Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract
Time specified.
00310.doc 1
•
BIDDER accepts all of the terms and conditions of the Information for Bidders, including without
limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for
sixty (60) days after the day of Bid Opening. BIDDER will sign the Agreement required by these
Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice
of Award.
In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that
BIDDER has examined all CONTRACT DOCUMENTS (including but not limited to
Advertisement, Invitation to Bid and the Information for Bid ers) and the following
ADDENDA: 1314 49-zlt Addend -0)44 t ckk 3-2a Oa/
Failure to list all necessary Agenda issued by the OWNER or the ENGINEER could mean the BID
submitted by the BIDDER may be deemed unresponsive and not read publicly.
In submission of the BID, BIDDER represents, that they have examined the site and locality where
the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances,
Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and
has made such independent investigations as BIDDER deans necessary.
In submission of the BID, BIDDER represents, that this BID is genuine and not made in the interest
of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or corporation. The BIDDER
represents that they have not directly or indirectly induced or solicited any other BIDDER to submit
a false or sham BID. The BIDDER represents that they have not solicited or induced any person,
firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves
any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE.
All terms used in the BID are defined and have the meanings assigned to them in the General
Conditions of these Contract Documents.
Attached to this BID FORM is the required Bid Security in the form of a Bid Bond or Certified
Check in the amount of five (5) percent of the Total Bid Amount.
00310.doc 2
BIDDER submitting this BID is:
A Corporation, incorporated in the State of il-ft.Al\L6Ar5
A Partnership, consisting of the following partners, whose full manes are:
N(A
An individual whose full name is.
Taw -nom M A-nt A -6E moat tit- •
General Co nracto; (Firm Name)
Y 'g Y R. 30oTC`
Ong dion fnctnager
Ti le
312-'69
Date
7 47(I 141'6 1417-
Address
41zAddress
ri j (t(-&) Or -3 Intog
41gr-15D-1131 ?it 1-111q- TS -6 -ri31-1
Telephone Number & Fax
6C 0010motta9 CIDER # Qboz3(40
Contractor's License Number
003 t o.doc 3
Item
No Item Description
SECTION 00310 - BID PROPOSAL
Approx. Unit Price In
Qty. Unit Figures
Maintenance Building - one 1,000 gallon
diesel & one 2,000 gallon gasoline I LS
5T11oa5AUfog }4
1))l.O a C16�tn
2 Generator Fuel Tank Near Entrance - one
6,000 gallon diesel 1 LS
5(tlt ossaitp 5eveu+wt$bMA) tr-"4d0lb=
3 Equipment Barn - one 6,000 gallon
diesel
Stab.) 911413 T,\IE tSORgy FOCtite dams
Total Base Bid in Words
Total Base Bid in Figures
1 LS
Total
60 pc
$ (pit* $19,' 08.
$ (e,"132 .‘a $ (p11324vD
$ 0,544,°° $ 10,940."
N i Mt to l THta's axS 0 sl x N 10w -a
\6+4 -TY -MAA 2- £ 061 CeACTS
END OF SECTION 00310
5
SECTION 00500
AGREEMENT BETWEEN
CITY OF FAYETTEVILLE AND POLLUTION MANAGEMENT, INC.
TIIIS AGREEMENT is dated as of the day of in the year
2009 by and between the CITY OF FAYETTEVILLE and POLLUTION MANAGEMENT,
INC.
1. The POLLUTION MANAGEMENT, INC. shall commence and complete all Work as
specified or indicated in the Contract Documents. The WORK is generally described as
follows:
UNDERGROUND STORAGE TANK REMOVAL
POLLUTION MANAGEMENT, INC. shall furnish all materials, supplies, tools,
equipment, labor and other service necessary for the completion of the WORK described
herein.
3. POLLUTION MANAGEMENT, INC. shall commence the WORK required by the
CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO
PROCEED and completed and ready for final payment within 90 calendar days.
POLLUTION MANAGEMENT, INC. shall pay the CITY OF FAYETTEVILLE, as
liquidated damages, the sum of $200 for each calendar day thereafter that the WORK is
not complete.
4. POLLUTION MANAGEMENT, INC. agrees to perform all of the WORK described in
the CONTRACT DOCUMENTS and comply with the terms therein as shown in the
BID PROPOSAL.
5. The tern CONTRACT DOCUMENTS shall mean and include the. following:
5.1 Invitation to Bid
5.2 Information for Bidders
5.3 Supplemental Information for Bidders
5.4 Bid Proposal
5.5 Bid Bond
5.6 Agreement Between City of Fayetteville and Pollution Management, Inc.
5.7 Performance and Payment Bond
5.10 General Conditions
5.13 Prevailing Wage Rates
5.14 Notice of Award
5.15 Notice to Proceed
5.16 Project Manual for Underground Storage Tank Removal
5.18 Addenda
5.19 Change Orders
00500.doc 1
6. The CITY OF FAYETTEVILLE shall pay POLLUTION MANAGEMENT, INC. in
the manner and at such times as set forth in the General Conditions such amounts as
required by the CONTRACT DOCUMENTS.
This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
8. MISCELLANEOUS
8.1. Tenns used in the Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
8:3. City of Fayetteville and Pollution Management, Inc. each binds itself, it partners,
successors, assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants, agreements
and obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken and all remaining provisions
shall continue to be valid and binding upon stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible expressing the
intention of the stricken provision.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost or fees.
8.6. Freedom of Information Act. City of Fayetteville contracts and documents
prepared while performing city contractual work are subject to the Arkansas
Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, Pollution Management, Inc. will do everything possible
to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.7. This contract must be interpreted under Arkansas Law.
00500.doc 2
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and POLLUTION
MANAGEMENT, INC. have signed this Agreement in quadruplicate. One counterpart each
has been delivered to City of Fayetteville and Engineer, and two counterparts have been
delivered to Pollution Management, Inc. All portions of the Contract Documents have been
signed, initialed, or identified by City of Fayetteville and Pollution Management, Inc. or
identified by Engineer on their behalf.
OWNER CONTRACTOR
CITY OF FAYETTEVILLE POLLUTION M
BY BY
• _ • U ___
tagf
INC
•
Mayor Lioneld Jordan GK RIGH tS�rl -*Pr , d •
p 1�S
d `V
��.14
[CORPORATE SEAL]
ATTEST
Address for giving notices:
[CORPORATE SEAL]
ATTES v(
CNV Sc6T
Address for giving notices:
113 W. Mountain 3512 South Shackleford
Fayetteville, AR 72701
RP
m fn ,
•
6t
AS n*see
ocatatta
Little Rock, AR 72205
License No. GC# 0010070409
ADEO# 000236
Agent for service of process:
(If POLLUTION MANAGEMENT, INC. is a
corporation, attach evidence of authority to sign.)
00500.dac 3
S.
11�LY33..yjfi'��4
"•vim •••• Z `1•Ze4�'
Special Instructions:
;Sid 09-21
4
'O CO Go V O) 01 A W N -h
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Requester:
Shannon Jones I Cheryl Partain
City:
Little Rock
Address:
3512 South Shackleford
Vendor #: . Vendor Name: _ - Pollution Management, Inc.
City Of Fayetteville - Purchase Order (PO) Request'
e:7r a (Not
All puurchases;underf$2500,shalLbe used on a P -Card unless medical or 1099 service related. (Call x256 with questions),
AWPPOO`Request shall be;scanned'to fhb Purchasing e•mall: Purchasing@c :fayetteville.arus `
171 r -
ice
& Internal Services Director: Budget Manager: IT Manager:
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Underground Storage Tank
Removal
Description
Quantity
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Unit of Issue
State:
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Unit Cost
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$0.00
$0.00
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50.00
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$0.00
$0.00
$0.00
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Extended Cost
5400.5700.5815.00
Account Numbers
Requester's Employee #:
2689
Zip Code: Ship to code:
72205
Fob Point:
113 W Mountain; Fayetteville, AR
Tax: 50.00
Total: $19,680.00
05044.3
[roject/Subproject #
Extension:
452
Division Head Approval:
Taxable
Yes:_ No:_x
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1
.0 Number:
to
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Inventory #
Quotes Attached
Yes: No: x
Expected Delivery Date:
ASAP
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Fixed Asset #
Clarice Pearman - Res. 67-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Jones, Shannon
4.13.09 4:07 PM
Res. 67-09
Audit; Purchasing
Audit; Purchasing
•
Page 1 of 1
Shannon:
Attached is a copy of your agenda item passed by City Council regarding Pollution Management, Inc. Nguyen picked up one
of four signed agreements. I am forwarding to you two of the four signed agreements. I will forward to Purchasing your
purchase requisition. Please let me know if there is anything else needed for this item. Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E3632EFA... 4.13.09