The URL can be used to link to this page

Home My WebLink About205-26 RESOLUTIONDocusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 205-26 File Number: 2026-2926 A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $42,738.14 FOR ADDITIONAL SERVICES RELATED TO CONSTRUCTION AT UNDERWOOD PARK, AND TO APPROVE AN ADDITIONAL PROJECT CONTINGENCY IN THE AMOUNT OF $63,000.00 WHEREAS, on July 15, 2025, City Council approved Resolution 162-25 that authorized a contract with Legacy Construction Management for construction at Underwood Park; and WHEREAS, Change Order No. 4 includes additional fine grading and spreading topsoil in the greenspace, a sanitary sewer line invert change where it connects to the manhole, additional irrigation lines and boxes with hose bibbs at the pickleball court area for the plantings south of the courts, charges from Ozarks Electric to connect to electric service, and the removal of an existing asphalt path. NOW, THEREFORE, 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 Change Order No. 4 to the contract with Legacy construction Management in the amount of $42,738.14 for construction at Underwood Park and further approves an additional project contingency in the amount of $63,000.00. PASSED and APPROVED on September 15, 2026 Approved: Molly Rawn, Mayor N��RK T RF��/i Attest:`QjY v: FAYETTEVILLE-�= ro •q 5�� Kara Paxton, City Clerk TreasuTN �9s•:4kgNSP;• 111111 Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Na) CITY OF �. FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 15, 2026 CITY COUNCIL MEMO 2026-2926 TO: Mayor Rawn and City Council THROUGH: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent Jennifer Walker, Chief of Staff FROM: Melissa Evans, Park Planner SUBJECT: Underwood Community Park Phase 1 Improvements Change Order # 4 RECOMMENDATION: Staff recommends approving Change Order # 4 with Legacy Construction Management Inc. for Underwood Park Phase 1 Construction in the amount of $42,738.14, approving 31 additional days, and $63,000.00 in additional contingency. BACKGROUND: Bid 25-38 for improvements to Underwood Park Phase 1 was approved at City Council July 15, 2025 (2025-1034) in the amount of $3,628,930.66. Construction for Phase 1 includes three pavilions, a restroom, parking, utilities, a playground, sidewalks, pickleball courts and a basketball court. Change Order # 1 was for a rock dam addition, B-stone for the restroom and pavilion areas, and geogrid for the pickleball areas in the amount of $22,231.27. Twenty-eight additional days were added to the schedule due to delays in starting the project that were beyond the contractor's control. Total contract cost with Change Order # 1 was $3,651,161.93. Change Order #2 was for drainage and elevation revisions, additional supervisory time, additional conduit, pavilion lightning protection, concrete bases for donated sculptures and a backwater valve for the restroom in the amount of $172,552.27. Thirty-three additional days were added to the schedule for the changes. Total contract cost with Change Order # 2 was $3,823,714.20. Change Order #3 was for additional playground surfacing and additional handrails for the tree deck in the amount of $49,795.20. Total contract cost with Change Order # 3 was $3,873,509.40. DISCUSSION: Work for Change Order # 4 includes additional fine grading and spreading topsoil in the greenspace, a sanitary sewer line invert change where it connects to the manhole, additional irrigation lines and boxes with hose bibbs at the pickleball court area for the plantings south of the courts, charges from Ozarks Electric to connect to electric service, and the removal of an existing asphalt path where the "American Dog" statue is located. The work is more clearly defined in the Change Order documents. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Funding for the change order is below. After Change Order # 4, $63,000.00 will remain in contingency and the construction contract will increase to $3,916,247.54. GL ACCOUNT PROJECT AMOUNT 2250.520.9256-5806.00 46050.7570 $5,421.26 4805.860.7570-5806.00 46050.7570 $37,316.88 TOTAL $42,738.14 ATTACHMENTS: 3. Staff Review Form, 4. 2026.08.25_Underwood Park —Change Order 004 EDG APP Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2026-2926 A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $42,738.14 FOR ADDITIONAL SERVICES RELATED TO CONSTRUCTION AT UNDERWOOD PARK, AND TO APPROVE AN ADDITIONAL PROJECT CONTINGENCY IN THE AMOUNT OF $63,000.00 WHEREAS, on July 15, 2025, City Council approved Resolution 162-25 that authorized a contract with Legacy Construction Management for construction at Underwood Park; and WHEREAS, Change Order No. 4 includes additional fine grading and spreading topsoil in the greenspace, a sanitary sewer line invert change where it connects to the manhole, additional irrigation lines and boxes with hose bibbs at the pickleball court area for the plantings south of the courts, charges from Ozarks Electric to connect to electric service, and the removal of an existing asphalt path. NOW, THEREFORE, 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 Change Order No. 4 to the contract with Legacy construction Management in the amount of $42,738.14 for construction at Underwood Park and further approves an additional project contingency in the amount of $63,000.00. Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD City of Fayetteville Staff Review Form 2026-2926 Item ID 9/15/2026 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Melissa Evans 8/25/2026 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approving Change Order # 4 with Legacy Construction Management Inc. for Underwood Park Phase 1 Construction in the amount of $42,738.14, approving 31 additional days, and $57,261.86 in additional contingency. Budget Impact: 4805.860.7570-5806.00 Parks Projects 2024 Bonds Account Number Fund 46050.7570 Park Projects (2019/2022/2024 Bonds), Underwood Improvements Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,284,288.00 $ 8,124,055.04 $ 1,160,232.96 $ 42,738.14 1,117,494.82 V20221130 Purchase Order Number: 2025-00000754 Previous Ordinance or Resolution # Res. 162-25 Change Order Number: Original Contract Number: Comments: #4 2025-1034 Approval Date: Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD AIA Document G701"- 2017 Change Order PROJECT: (Name and address} CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Underwood Park -Phase 1 Contract For: Construction Bid 25-38 Change Order Number: 004 Dean Solomon Road Date: lfl-27-2025 Date: 08-20-2026 Fayetteville, AR 72704 OWNER: (Name and address] ARCHITECT: (Name and address) CONTRACTOR: ('frame and address) City of Fayetteville Ecological Design Group, LLC Legacy Construction Management. Inc. 113 W. Mountain 216 W. Birch Street 3733 Wildcat Creek Blvd. Fayetteville, AR 72701 Rogers, AR 72756 Fayetteville, AR 72704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Refer to the attached Change Order #4 Narrative for a detailed description. This Change Order is the second half of the additional work caused by ASN VASI#2 and adds other work directed by Park. Planning. The original Contract Sum was $ 3,628,930.66 The net change by previously authorized Change Orders $ 244,579.74 The Contract Sum prior to this Change Order was $ 3,873,509.40 The Contract Sum will be increased by this Change Order in the amount of $ 42,738.14 The new Contract Sum including this Change Order will be $ 3,916,247.54 The Contract Time will be increased by Thirty -One (31) days The new date of Substantial Completion will be 10-16-2026 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price; or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Ovvner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. cam- ARCHITECT (Sig- na1 e) CONTRACTOR (Signature) OWNER (Signature) BY: Caleb Posey, PE BY: Jeffrey Kearns, PM BY: Molly Rawn, Mayor (Printed name, title, and license (Printed name and title) (Printed name and title) number frequiredj 08/25/2026 Dare August 24th, 2026 Date 09/15/2026 Date ALA Document G701 — 2017. Copyright 01979, 1987, 2000, 2001 and 2017. All rights reserved. "The American Institute of Architects; 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This draft was produced at 20-59-02 CDT on 08/2412026 under Subscription No.20250118434 which expires on 04112/2027, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfu@_aiacontracts.com. User Notes: (6a875d901e4d916d2bac7772) Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD LEM L E G A C Y CONSTRUCTION MANAGEMENT August 24th, 2026 Mrs. Melissa Evans, PLA, ASLA Park Planner II City of Fayetteville, Arkansas Re: Underwood Park Phase 1 2837 N. Deane Solomon Road Fayetteville, AR 72704 Sub: Change Order Request #4: Non -Priority List Narrative Dear Mrs. Evans: Email: mevans@fayetteville-ar.gov Change Order #2 at Underwood Park was approved by Mayor Rawn on July 27, 2026. As you'll recall, Change Order #2 addressed critical path activities caused in the ASI#1 and ASI#2 design updates along with a portion of the project extension needs. Per the "Key Takeaways", non -critical activities and an updated schedule evaluation would be forthcoming in a separate change order request. This is [t]hat change order request. As narrated below and outlined on the spreadsheet snapshot, we respectfully request your approval of the remaining ASI#1/ASI#2 changes along with a few other items that we have been asked to provide since. Helpful Terms Item ##: Refers to line items 1-8 shown on the outline snapshot below Bid Item: Refers to the contracted elements of the job with agreed unit values. Item 1 and Item 2 were non -critical path activities relating to "bid item" 6.7 and 6.8 of the original bid form, respectively. Each "bid item" showed a value of 11,486 square yards. The actual value, calculated using the ASI#2 updates, is 13,188 square yards. This is an increase of 1,702 square yards of additional "Greenspace" work to be performed for each category. The agreed unit price was used to calculate each "bid items" increase in value. Item 3 describes another non -critical path activity modified in ASI#2. This item was originally considered added scope but has been "zeroed out" as the cost to perform this activity will be covered by a prorated value of bid item 10.24 scope that was ultimately not required... namely the exterior drop. The new work involved reworking the SS trench and adding a new 4" backwater valve. Legacy Construction Management, Inc 3733 Wildcat Creek Blvd. Fayetteville, AR 72704 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD L E G A C Y CONSTRUCTION MANAGEMENT Item 4 adds new irrigation along the south end of the Pickleball Court area in Zone 4. This "system" was not shown on the original construction documents. It also doesn't tie back to previously agreed unit costs as this portion of the job has long since been completed. The cost shown for this item covers all materials, labor and remobilization that were necessary to tie into existing lines. Item 5 covers service fees Legacy Construction paid to Ozark Electric for the city. The construction documents [and Bid Item 5.2] required Legacy to prepare [trench] the service line for primary electrical service to be installed by Ozark Electric. After the fee is paid and Legacy's electrical work has been inspected, OE takes over. They size the wire and conduit, set a transformer and connect our work to their components inside the transformer. Item 6 covers the cost to remove additional asphalt paving near the new "dog" statue. This area fell outside the boundaries of our contracted scope of work. It required remobilizing labor and equipment after the playground area had already been completed. Item 7 and Item 8 are the last of the drainage changes associated with ASI#1 and ASI#2. ASI#1 added two PC Headwalls [Item 7] whereas later, ASI#2 deleted the one near the Pickleball Court area. Underwood Park -Phase 1 Summary of Changes - COR#004 SECONDARY LIST Item Bid Item Ref: Description Qty UOM Unit Price Total 1 6.7 ASI#1 Fine Grade at Disturbed Greenspace 1702 SY $ 1.68 $ 2,859.36 2 6.8 ASI41 Spread 4' Topsoil from On -Site Stockpile in Disturbed Greenspace 1702 SY $ 2.55 $ 4,340.10 3 10.24 EDG 4' Sewer Line Invert Change 1 LS $ - $ - 4 New City Add additional irrigation boxes w/hose bibs at Pickleball Court area 1 LS $ 5,680.00 $ 5,680.00 5 New City Legacy paid Ozark Electric to run primary connection 1 LS $ 6,322.62 $ 6,322.62 6 New City Remove Asphalt at Statue - Gall PC0014 1 LS $ 1,156.23 $ 1,156.23 7 New ASI#1 Added PC Headwall from original list 2 EA $ 2,000.00 $ 4,000.00 8 New ASI#2 Deleted one of the two PC Headwall[above] at Pickleball Court -1 EA $ 2,000.00 $ (2,000.00) Subtotal $ 22,358.31 Fees at SO% $ 2,235.83 Subtotal $ 24,594.14 570.29 31 GC Days $ 17,678.99 0.011 Bond $ 465.00 TotaICOR#2 $ 42,738.14 The extension in time for this request is in addition to the previously approved Change Order #2. Although the ASI#1 and ASI#2 changes took many months to redesign and approve, Legacy minimized much of the down time by refocusing efforts on items unaffected by the drainage changes. Respectfully submitted, :A'W'g-lm Jeffrey Kearns, Project Manager Legacy Construction Management, Inc. Legacy Construction Management, Inc 3733 Wildcat Creek Blvd. Fayetteville, AR 72704 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD HDI CONTRACTORS SERVING ALL OF ARKANSAS 1073 W Bowen Blvd Fayetteville, AR 72703 Office 417-720-4766 Jacob's Cell: 479-466-6920 August 13th, 2026 RE: Underwood Park Additional Irrigation Boxes and Hose Bibs PLUMBING PROPOSAL: We furnish and install two additional irrigation boxes with hose bibs per detail for the sum of BREAKDOWN • 340 1" PVC @ $1.00 per foot $340 • Fittings and tracer wire $340 • Irrigation boxes and hose bibs $250 each $500 • Labor 2 man 30 hours @ $75 per hour $4,500 TOTAL $5,680 Notes: If you have questions please call our estimator, Jacob Brewer, at 479-466-6920. Contractors License # 0007240427 Plumbing License # MP6128 Electrical License # M2744 Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD 1 � 14A, -m � r e i 1 � I o 1 1 c➢ 1 T i 1 1 —---- 1 z i �Tl ��l� iI �� 1�I = a UNDERWOOD PARK e Fayetteville, Arkansas g M Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD ozarks ELECTRIC COOPERATIVE NUN- - July 29, 2026 Dear Member, Our records indicate you have a work order that has been on hold for 60 days or longer. In order to prevent a backlog of work orders, we do not hold a work order longer than 90 days if there has been no contact from the members. Details of the work order are below, and copies of the needed paperwork --are enclosed: • Work order: 3820451 • Invoice amount: $6,322.62 • Easement: N/A If you plan to proceed with this job, please contact the Work Order Process Clerk at 479-684-4979 or our Member Relations Department at 800-521-6144 to extend the waiting period beyond the 90 days. If no contact has been made within 30 days from the date on this letter, the work order will be canceled, as of 9/1/2026. If the job is canceled and you wish to have the work done later, please contact our Member Relations Department at 800-521-6144 to start a new work order. Sincerely, Celeste Sifuentes Work Order Process Clerk Ozarks Electric Cooperative Enclosure PO Box 848 1 Fayetteville, AR 72702 1 800.521.6144 1 www.ozarksecc.com Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Ozarks ELECTRIC COOPERATIVE �► POUox848 i Payettev-Ae.AR72702 i 800.521.6144 woNma[f45eCccom, LEGACY CONSTRUCTION MANAGEMENT STEVE COLLIER 3733 WILDCAT CREEK BLVD FAYETTEVILLE AR 72704-8590 INVOICE: Invoice Date: Terms: Due Date: Amount Due: 45647 05/28/2026 Due In 30 Days 06/27/2026 $ 6,322.62 Account: 21350 Description: WORK ORDER 3820451 - AID TO CONSTRUCTION CHARGES Page 1 of 1 DESCRIPTION QUANTITY UOM UNIT PRICE AMOUNT TAX AID TO CONSTRUCTION 1.000 EA 6,322,6200 6,322.62 MESSAGES Subtotal: $ 6,322.62 Tax: $ 0.00 Total: $ 6,322.62 Amount Paid: $ 0.00 Amount Due: $ 6,322.62 ozarks ELECTRIC COOPERATIVE r` PO 8(w. 848 - `rayeltev!iie. AR 72702 i 800.52151,44 7 wwvr.6zery tccom Account: 21350 Invoice: 45647 Due Date: 06/27/2026 Amount Due: $ 6,322.62 Amount Of Payment: Remit To: LEGACY CONSTRUCTION MANAGEMENT OZARKS ELECTRIC COOPERATIVE STEVE COLLIER P.O. BOX 848 3733 WILDCAT CREEK BLVD FAYETTEVILLE AR 72702-0848 FAYETTEVILLE AR 72704-8590 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD 08/05/2026 Ozarks Electric Cooperative Aid to Construction 6,322.62 Checking Invoice 45647 Account: 21350 LEGACY CONSTRUCTION MANAGEMENT, INC. ARKANSAS DISTRICT OFFICE Ozarks PO Box 848 Fayetteville, AR 72702 (800)521-6144 Journal: 344247 Date: Aug 06, 2026 Set: 0 Time: 08:03;21 AM Legacy Construction Management MISCELLANEOUS RECEIVABLE Invoice; 45647 6322.62 Total To -Be -Paid: 6322.62 -------------- 6294 CHECK IN OFFICE; 6322.62 Total Paid: 6322.62 -------------- Change Due: 0.00 --T -8561 8-0 THANK YOU FOR YOUR PAYMENT SIONAIURE 6,322.62 6294 Rzr u,. ceissoc¢ze Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Gall Excavation, Inc. PO Bo 682 Rogers, AR 72757 479.925.1175 License: 0152110526 Pricing Breakout Order# : PCO 014 Order Date: 7.27.26 To: Legacy Const Management Project: Underwood Park - Phase 1 788 N. Old Missouri Rd. Deane Solomon Rd Springdale, AR 72764 Fayetteville, AR 72704 The asphalt path to the set of the playground area is a want by Park to be removed however this area was not called out to be demoed and per Wayne, there will be no updated drawings to show this Description of Work Amount Includes: 2501fx5ft of asphalt path demo, requested by Park Approx. 29 cy of asphalt path demo $1,116.A3 If concrete gets poured and area is diffcult to access , Excludes: Negative changes will lower the overall contract Requested Amount of Change $ 3,656.23 price requiring no additional payment by owner.