HomeMy WebLinkAbout2007-06-05 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
June 5, 2007
A meeting of the Fayetteville City Council will be held on June 5, 2007 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Wastewater System Improvement Project Update -David Jurgens, Water/Wastewater
Director
A. CONSENT:
1. Approval of the May 15, 2007 City Council meeting minutes. APPROVED.
2. Arkansas Highway and Transportation Department (AHTD) Refund: A resolution
approving a refund to the Arkansas State Highway and Transportation Department
(AHTD) for overpayment of reimbursement related to water and sewer relocations for the
Highway 265 Widening Project; and approving a budget adjustment in the amount of
$254,467.83.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 93-07.
3. Bid # 07-34 Dean Crowder Construction, Inc: A resolution awarding Bid # 07-34 and
approving a contract with Dean Crowder Construction, Inc. in the amount of
$3,737,966.15 for the construction of Broyles Road, WSIP Subproject WP-]b; and
approving a 10% project contingency in the amount of$374,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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4. Bid # 07-38 Crossland Heavy Contractors, Inc: A resolution awarding Bid # 07-38
and approving a contract with Crossland Heavy Contractors, Inc. in the amount of
$1,527,000.00 for the renovation of the Gregg Avenue Sewer Lift Station, WSIP
Subproject WL-7; and approving a 5% project contingency in the amount of$76,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 95-07.
5. Garver Engineering, Inc: A resolution approving contract Amendment No. 1 to the
contract with Garver Engineering, Inc. in the amount of $231,750.00 for design and
construction phase services for the construction of the Mt. Sequoyah Water & Sewer
Improvement Project; and approving a contingency of$15,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 96-07.
6. Bid # 07-41 T-G Excavating: A resolution awarding Bid # 07-41 and approving
contracts with T-G Excavating, Inc. in the amount of $822,222.00 and a contingency in
the amount of $41,000.00 and with Insituform Technologies, Inc. in the amount of
$178,834.50 and a contingency in the amount of $9,000.00 for construction of the
Farmington Sanitary Sewer Rehabilitation; and approving a budget adjustment in the
amount of$395,000.00 to accept funds from the City of Farmington.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 97-07.
7. Bid # 07-42 Midland Construction, Inc: A resolution awarding Bid # 07-42 and
approving a contract with Midland Construction, Inc. in the amount of $117,332.00 for
the construction of the Gulley Park Bioswale and Parking Lot Project; approving a 10%
project contingency in the amount of$11,733.00; and approving a budget adjustment in
the amount of$69,243.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 98-07.
8. Selective Traffic Enforcement Program Grant: A resolution accepting additional
funding under the 2006-2007 Selective Traffic Enforcement Program (STEP) Grant in
the amount of $30,000.00 for the purpose of paying overtime to officers engaged in the
enforcement of DWI/DUI and seatbelt laws; and approving a budget adjustment
recognizing the increased grant revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 99-07.
9. McClelland Consulting Engineers, Inc: A resolution approving Amendment No. 1 to
the basic agreement with McClelland Consulting Engineers, Inc. approving a one-year
extension to provide airport engineering services.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 100-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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10. Airport Master Plan: A resolution to accept and approve the December 2006 Airport
Master Plan.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 101-07.
11. General Aviation Fuel Opposition: A resolution to express the City of Fayetteville's
opposition to proposed federal legislation almost doubling the federal tax on general
aviation fuel.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-07.
12. Walker Properties 11 L.P: A resolution approving a thirty-year ground lease with
Walker Properties II L.P. for the construction of a hanger building at the Fayetteville
Municipal Airport, Drake Field.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-07.
13. Community Development Block Grant: A resolution approving the Community
Development Block Grant (CDBG) Agreement for 2007 in the amount of$655,977.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-07.
14. YouthCAN! Lease: A resolution to approve a four year lease with YouthCAN! for the
former Sang Avenue Senior Center.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-07.
15. Reliance Standard Insurance Coverage: A resolution approving an addendum to the
contract with Reliance Standard for employee Life and Long Term Disability insurance
coverage.
THIS ITEM WAS REMOVED AND TABLED TO THE JUNE 19, 2007 CITY
COUNCIL MEETING.
16. Habitat for Humanity Contract Amendment: A resolution approving contract
Amendment#1 to the real estate sales contract with Habitat for Humanity of Washington
County, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-07.
17. Yvonne Richardson Community Center: A resolution to approve a budget adjustment
in the amount of$27,884.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
B. UNFINISHED BUSINESS:
1. Walker Park Cell Tower: A resolution to approve a twenty-five year lease with
Callahan Tower Joint Venture for a small lot in Walker Park for a monopine cell tower at
an annual rent of between $12,000.00 and $54,000.00, plus a $20,000.00 contribution to
the Walker Park Mural Project. This resolution was Tabled at the May 1, 2007 City
Council meeting to the June 5, 2007 City Council meeting.
THIS ITEM WAS TABLED TO THE JUNE 19, 2007 CITY COUNCIL MEETING.
C. NEW BUSINESS:
1. Farmington De-annexation: An ordinance concurring with Farmington Ordinance No.
2007-08, providing for the voluntary detachment of certain lands from the City of
Fayetteville, and attaching said lands to the City of Farmington.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5021.
2. R-PZD 07-2531 (P.A.H. Facility): An ordinance establishing a residential planned
zoning district titled R-PZD 07-2531, P.A.H. Facility, located at Ivey Lane, 1/4 mile east
of highway 265; containing approximately 3.00 acres; amending the official zoning map
of the City of Fayetteville; and adopting the Associated Master Development Plan.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
3. VAC 07-2570 (Vista Health): An ordinance approving VAC 07-2570 submitted by H2
Engineering for property located at 4253 North Crossover Road, to vacate a utility
easement and dedicate a new easement for the utilities, a total of 1,207.56 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5022.
4. Amend § 33.111 & § 33.018: An ordinance to repeal § 33.111 of the Fayetteville Code,
to enact a replacement § 33.111 Removal of Planning Commissioners, and to enact a new
subsection (C) in § 33.018 Parks and Recreation Advisory Board.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5023.
5. BlueInGreen, LLC: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with BlueInGreen, LLC for the installation of a
Supersaturated Dissolved Oxygen Injector for the Noland Wastewater Treatment Plant in
the amount of$66,460.00; and approving a contingency of$5,000.00.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5024.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
6. Brooks-Hummel Nature Preserve: A resolution to approve the purchase of about 13.75
acres for a city park to be named the Brooks-Hummel Nature Preserve in the amount of
$495,000.00 and to sell the Fayetteville Natural Heritage Association a conservation
easement on this property for $179,500.00; and approve a budget adjustment in the
amount of$495,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-07.
7. Firefighter Physical Exam Procedure: An ordinance to approve the Firefighter
Physical Exam Procedure to help ensure the physical health and safety of Fayetteville
Firefighters.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5025.
8. Divinity Hotel and Condos, LSD 05-1997: A resolution to repeal Resolution No. 122-
06.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 109-07.
D. INFORMATIONAL:
City Council Tour: None
Meeting adjourned at 8:30 p.m.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
City Council Meeting June 5, 2007
Subject:
Motion To:
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City Council Meeting June 5, 2007
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Mayor Coody
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City Council Meeting June 5, 2007
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City Council Meeting June 5, 2007
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City Council Meeting June 5, 2007
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City Council Meeting June 5, 2007
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Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
June 5, 2007
A meeting of the Fayetteville City Council will be held on June 5, 2007 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Wastewater System Improvement Project Update-David Jurgens, Water/Wastewater
Director
A. CONSENT:
1. Approval of the May 15, 2007 City Council meeting minutes.
2. Arkansas Highway and Transportation Department (AHTD) Refund: A resolution
approving a refund to the Arkansas State Highway and Transportation Department
(AHTD) for overpayment of reimbursement related to water and sewer relocations for the
Highway 265 Widening Project; and approving a budget adjustment in the amount of
$254,467.83.
3. Bid # 07-34 Dean Crowder Construction, Inc: A resolution awarding Bid # 07-34 and
approving a contract with Dean Crowder Construction, Inc. in the amount of
$3,737,966.15 for the construction of Broyles Road, WSIP Subproject WP-lb; and
approving a 10% project contingency in the amount of$374,000.00.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
4. Bid # 07-38 Crossland Heavy Contractors, Inc: A resolution awarding Bid # 07-38
and approving a contract with Crossland Heavy Contractors, Inc. in the amount of
$1,527,000.00 for the renovation of the Gregg Avenue Sewer Lift Station, WSIP
Subproject WL-7; and approving a 5% project contingency in the amount of$76,000.00.
5. Garver Engineering, Inc: A resolution approving contract Amendment No. 1 to the
contract with Garver Engineering, Inc. in the amount of $231,750.00 for design and
construction phase services for the construction of the Mt. Sequoyah Water & Sewer
Improvement Project; and approving a contingency of$15,000.00.
6. Bid # 07-41 T-G Excavating: A resolution awarding Bid # 07-41 and approving
contracts with T-G Excavating, Inc. in the amount of $822,222.00 and a contingency in
the amount of $41,000.00 and with Insituform Technologies, Inc. in the amount of
$178,834.50 and a contingency in the amount of $9,000.00 for construction of the
Farmington Sanitary Sewer Rehabilitation; and approving a budget adjustment in the
amount of$395,000.00 to accept funds from the City of Farmington.
7. Bid # 07-42 Midland Construction, Inc: A resolution awarding Bid # 07-42 and
approving a contract with Midland Construction, Inc. in the amount of $117,332.00 for
the construction of the Gulley Park Bioswale and Parking Lot Project; approving a 10%
project contingency in the amount of$11,733.00; and approving a budget adjustment in
the amount of$69,243.00.
8. Selective Traffic Enforcement Program Grant: A resolution accepting additional
funding under the 2006-2007 Selective Traffic Enforcement Program (STEP) Grant in
the amount of $30,000.00 for the purpose of paying overtime to officers engaged in the
enforcement of DWI/DUI and seatbelt laws; and approving a budget adjustment
recognizing the increased grant revenue.
9. McClelland Consulting Engineers, Inc: A resolution approving Amendment No. 1 to
the basic agreement with McClelland Consulting Engineers, Inc. approving a one-year
extension to provide airport engineering services.
10. Airport Master Plan: A resolution to accept and approve the December 2006 Airport
Master Plan.
11. General Aviation Fuel Opposition: A resolution to express the City of Fayetteville's
opposition to proposed federal legislation almost doubling the federal tax on general
aviation fuel.
12. Walker Properties 11 L.P: A resolution approving a thirty-year ground lease with
Walker Properties II L.P. for the construction of a hanger building at the Fayetteville
Municipal Airport, Drake Field.
13. Community Development Block Grant: A resolution approving the Community
Development Block Grant(CDBG) Agreement for 2007 in the amount of$655,977.00.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
14. YouthCAN! Lease: A resolution to approve a four year lease with YouthCAN! for the
former Sang Avenue Senior Center.
15. Reliance Standard Insurance Coverage: A resolution approving an addendum to the
contract with Reliance Standard for employee Life and Long Term Disability insurance
coverage.
16. Habitat for Humanity Contract Amendment: A resolution approving contract
Amendment#1 to the real estate sales contract with Habitat for Humanity of Washington
County, Inc.
17. Yvonne Richardson Community Center: A resolution to approve a budget adjustment
in the amount of$27,884.00.
B. UNFINISHED BUSINESS:
1. Walker Park Cell Tower: A resolution to approve a twenty-five year lease with
Callahan Tower Joint Venture for a small lot in Walker Park for a monopine cell tower at
an annual rent of between $12,000.00 and $54,000.00, plus a $20,000.00 contribution to
the Walker Park Mural Project. This resolution was Tabled at the May 1, 2007 City
Council meeting to the June 5, 2007 City Council meeting.
C. NEW BUSINESS:
1. Farmington De-annexation: An ordinance concurring with Farmington Ordinance No.
2007-08, providing for the voluntary detachment of certain lands from the City of
Fayetteville, and attaching said lands to the City of Farmington.
2. R-PZD 07-2531 (P.A.H. Facility): An ordinance establishing a residential planned
zoning district titled R-PZD 07-2531, P.A.H. Facility, located at Ivey Lane, 1/4 mile east
of highway 265; containing approximately 3.00 acres; amending the official zoning map
of the City of Fayetteville; and adopting the Associated Master Development Plan.
3. VAC 07-2570 (Vista Health): An ordinance approving VAC 07-2570 submitted by H2
Engineering for property located at 4253 North Crossover Road, to vacate a utility
easement and dedicate a new easement for the utilities, a total of 1,207.56 square feet.
4. Amend §33.111 & §33.018: An ordinance to repeal §33.111 of the Fayetteville Code, to
enact a replacement §33.111 Removal of Planning Commissioners, and to enact a new
subsection (C) in §33.018 Parks and Recreation Advisory Board.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
5. BlueInGreen, LLC: An ordinance waiving the requirements of formal competitive
bidding and approving a contract with BlueInGreen, LLC for the installation of a
Supersaturated Dissolved Oxygen Injector for the Noland Wastewater Treatment Plant in
the amount of$66,460.00; and approving a contingency of$5,000.00.
6. Brooks-Hummel Nature Preserve: A resolution to approve the purchase of about 13.75
acres for a city park to be named the Brooks-Hummel Nature Preserve in the amount of
$495,000.00 and to sell the Fayetteville Natural Heritage Association a conservation
easement on this property for $179,500.00; and approve a budget adjustment in the
amount of$495,000.00.
7. Firefighter Physical Exam Procedure: An ordinance to approve the Firefighter
Physical Exam Procedure to help ensure the physical health and safety of Fayetteville
Firefighters.
D. INFORMATIONAL:
City Council Tour: None
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
{ A.7
Bid#07-42 Midland Construction, Inc.
City Council Meeting of June 5, 2007 Page 1 of 12
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director ��'��'
Connie Edmonston, Parks and Recreation Dirktfk
From: Alison Jumper, Park Planner
Date: May 29th,2007
RE: Gulley Park Bioswale and Parking Project
RECOMMENDATION
A resolution awarding Bid#07-42 and approval of a contract with Midland Construction,
Inc. in the amount of$117,332 with a 10%project contingency of$11,733 for a total cost
of$129,065. Approval of budget adjustment in the amount of$69,243 for the installation
of Gulley Parking and Bioswale.
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
current parking area on Township Road is not adequate to serve the the park users. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
Through a mutual memorandum of agreement for cost share between the Arkansas
Forestry Commission, University of Arkansas and the City of Fayetteville, the
Commission is providing funding in the amount of$12,000. Up to $10,000 of this
funding will be reimbursed to the City for the layout of the plan, printings costs for
informational brochure, informational signage,trees and vegetation.
DISCUSSION
The project was advertised in the Arkansas Democrat Gazette on March 21St and the bid
opened on April 12`h, 2006. The bids came in over the amount certified. The project was
re-bid on April 20th and opened May 16th. Changes made to the bid include omitting the
asphalt paving and concrete curb for the parking lot which the Transportion Divison will
construct for $15,522. This is a savings of$17,382 from the original bid. The re-bid
includes site preparation and base work for the parking lot,relocation of a portion of
asphalt trail, drainage structures and construction of the bioswales including vegetation.
There were seven bidders and the low bidder was Midland Construction, Inc. in the
amount of$117,332. If approved, the project will begin in June and be completed in
September.
A.7
Bid#07-42 Midland Construction, Inc.
City Council Meeting of June 5, 2007 Page 2 of 12
Agenda Item Number
BUDGETIMPACT
This project is funded with Parks Development and Sales Tax funds. Total cost of the
Gulley Park Bioswale and Parking Lot Project is $144,587 which includes Midland
Construction Inc. contract in the amount of$117,332,project contingency of$11,733,
and Transportation Division in-house cost of$15,522. The initial budget for this project
was $75,344, leaving a deficit of$69,243 which is requested in the budget adjustment.
Attachments:
Bid Tabulation Sheet
Contract
Transportation cost estimate
Memorandum of Agreement with Arkansas Forestry Commission
City of Fayetteville,Arkansas A.7
Budget Adjustment Form Bid#07-42 Midland Construction,e
Page 3 of 12
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
2007 Division:
Program: 5/17/2007
Project or Item Added/Increased: Project or Item Deleted/Reduced:
Gulley Park Improvements Lake Fayetteville Improvements
Recognized $10,000 in State Cost Share Revenue from
AR Forestry Commission
Justification of this Increase: Justification of this Decrease:
The bids for the Gulley Park Bioswale have been Detailed plans have not been developed for the Lake
received. They came in overbudget by$69,243. This Projects and are not a priority at this time. The Bioswale
project is a joint effort with the U of A Landscape Project is ready to move forward.
Architecture Department and the Arkansas Forestry
Commisssion.
Increase Expense Budget(Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Park improvements 4470 9470 5806 00 79,243 05001 1
Decrease Expense Budget(Increase Revenue Budget)
Account Name Account Number Amount Project Number
_ Park improvements 4470 9470 5806 00 69,243 02043 1
fe CosfSe
4470 0947 4303 00 10,000 05001 1
Approval Signatures Budget Office Use Only
_ . <_J
equeste Type: A B
By
Date
C D� E
�Zdget'Manag.er
Date Posted to General Ledger
Initial Date
ent D rector Date Posted to Project Accounting
01, Irl I Initial Date
Finance&Internal Services Director Date Entered in Category Log _
Initial Date
May Date
A.7
Bid#07-42 Midland Construction, Inc.
Page 4 of 12
Section 00 52 13
Agreement
BETWEEN CITY OF FAYETTEVELLE AND CONTRACTOR
THIS AGREEMENT is dated as of the_day of in the year 2007 by and between
the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Midland
Construction, Inc. (herein after called CONTRACTOR).
CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the construction of site preparation, bicycle racks, bioswales
including trees, shrubs and associated drainage structures for Gulley Park Improvements
Re-bid; and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
Mark Boyer, RLA University of Arkansas and
City of Fayetteville Parks and Recreation Division
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
Will be hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER an
who is to act as CITY OF FAYETTEVILLE'S representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
documents.
Article 3. CONTRACT TIME.
3.1 The Work for Gulley Park Improvements Construction shall be substantially
completed within 60 consecutive calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with paragraphs 14.07.6 & C of
the General Conditions within 75 consecutive calendar days after the date when the
Contract Time commences to run.
3.2 Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize
that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will
suffer financial loss if the Work is not completed within the times specified in paragraph
3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the
General Conditions. They also recognize the delays, expense and difficulties involved
in proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is not
City of Fayetteville Page 00 52 13-1 5/17/2007
A.7
Bid#07-42 Midland Construction, Inc.
Page 5 of 12
completed on time. Accordingly, instead of requiring any such proof, CITY OF
FAYETTEVILLE and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred
and fifty dollars ($250.00) for each day that expires after the time specified in
paragraph 3.1 for Substantial Completion until the Work is substantially complete.
After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete
the remaining Work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by CITY OF
FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred
and fifty dollars ($250.00) for each day that expires after the time specified in
paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents and amount in current funds equal to the sum of the amounts
determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1 For all Work other than Unit Price Work, an amount equal to the sum of the
established lump sums for each separately identified item of Lump Sum Work; and
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that
item as indicated in this paragraph 4.2.
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PAYMENT ITEMS
Midland
ITEM QI=SCRIPTIO UNIT !EST. QTY; UNIT$ COST
NUMBE)Z
1 Mobilization 1 L.S. 1.00 $4,000.00 $4,000.00
2 Bonds and Insurances L.S. 1.00 $1,600.00 $1,600.00
3 Temporary Silt Fence 6 L.F. 400.00 $4.50 $1,800.00
4 Construction Staking L.S. 1.00 $2,000.00 $2,000.00
5 Site Preparation 10 L.S. 1.00 $22,000.00 $22,000.00
6 Demolition-asphalt trail 2 L.S. 1.00 $9,500.00 $9,500.00
7 Wheel Stops-recycled rubber(6)(9) EA. 1 30.00 $67.00 $2,010.00
8 PVC sleeves-4" L.F. 256.00 $6.00 $1,536.00
9 Asphalt Paving-2"thick S.Y. 160.00 $31.00 $4,960.00
10 SB2 Gravel Base C.Y. 425.00 $32.00 $13,600.00
11 Seed and Straw(4)(8) AC 0.40 $4,500.00 $1,800.00
12 Stone - Boulders ton 15.00 $319.00 $4,785.00
13 Stone- River Rock 3"depth C.Y. 7.00 $90.00 $630.00
14 Ledge stone size 10'x 2'x 6"-check dams EA. 14.00 $600.00 $8,400.00
15 Ledge stone size 11.25'x 2.5'x 6"-check dams EA. 4.00 $610.00 $2,440.00
16 Ledge stone size-8.5'x 1.75'x 6" check dams EA. 2.00 $470.00 $940.00
17 Sign Installation EA. 2.00 $110.00 $220.00
18 Storm Drains stem - 6 L.S. 1.00 $10,000.00 $10,000.00
19 Parking Lot Striping L.S. 1.00 $350.00 $350.00
20 Bike Racks 6 9 EA. 2.00 $800.00 $1,600.00
21 Inkberry Holl - Ilex glabra -#3 EA. 6.00 $47.00 $282.00
22 S icebush-Cal canthus floridus- #3 EA. 1 6.00 $47.00 $282.00
23 Snowhill Hydrangea- Hydrangea arborescens 16.00
'snowhill'-#3 EA. $47.00 $752.00
24 Sweet Bay Magnolia - Magnolia vir iniana -#5 EA. 7.00 $68.00 $476.00
25 American Hornbeam -Carpinus cardiniana-#5 EA. 1.00 $68.00 $68.00
26 Paw Paw-Asimina triloba-#3 EA. 6.00 $47.00 $282.00
27 Sassafrass-Sassafrass albidum -#3 EA. 4.00 $47.00 $188.00
28 Hydrangea - Hydrangea macrophylla 'lanarth 14.00
white'-#3 EA. $47.00 $658.00
29 Vanhoutte S rirea -S irea x vanhouttei #3 EA. 4.00 $47.00 $188.00
30 Dwarf Fountain Grass-Pennisetum alopecuroides 147.00
'Hameln' EA. $2.70 $396.90
31 Leather Leaf Sedge-Carex buchananii EA. 294.00 $2,70 $793.80
32 Orange New Zealand Sedge-Carex testacea EA. 707.00 $2,70 $1,908.90
33 Horsetail Rush - E uisetum h emale EA. 653.00 $2,70 $1,763.10
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34 Sur e- Eu horbia m rsinites EA. 410.00 $2,70 $1,107.00
35 Gazania -Gazania 'colorado old' EA. 401.00 $2.70 $1,082.70
36 St. John's Wort- Hypericurn patulum EA. 29.00 $17,00 $493.00
37 Winter Jasmine-Jasmine nudiflorum #3 EA. 3.00 $47.00 $141.00
38 Yellow Flag Iris - Iris suedcorus'sun cascade' EA. 72.00 $10.00 $720.00
39 Blue Chip Juniper-Juniperous horizontalis 61.00
Wiltoni"Blue Chip' EA. $17.00 $1,037.00
40 Marlber -Ardisia escallonioides EA. 553.00 $2,30 $1,271.90
41 Dwarf Mondo Grass-O hio 0 on japonicus EA. 1392.00 $2,30 $3,201.60
42 Balloon Flower- Platycodon grandiflorum 83.00
'Mareisii' EA. $2.70 $224.10
43 AnthonyWaterer S irea#3 EA. 3.00 $47.00 $141.00
44 Wild Oats EA. 55.00 $2.70 $148.50
45 Compost(6)(9) ton 22.00 $38.00 $836.00
46 Topsoil (6)(9) ton 22.00 $38.00 $836.00
47 Course Sand (6)(9) ton 33.00 $40.00 $1,320.00
48 Mulch (6)(9) bas 427.00 $6.00 $2,562.00
TOTAL $117,331.50
As provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.13 of the General Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for
Payment will be processed by PARKS AND RECREATION DIVISION PRPOJECT
MANAGER as provide in the General Conditions.
5.1 Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER, on or about
the 1St day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2
below and SC-14.02. All such payments will be measured by the schedule of values, as
provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in case, less the aggregate of payments
previously made and less such amounts as PARKS AND RECREATION DIVISION
PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in
accordance with paragraphs 14.02.8.5 & 14.02.13 of the General Conditions.
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90 percent of Work completed (with the balance of 10 percent being retainage),
If Work has been 50 percent completed as determined by the PARKS AND
RECREATION DIVISION PROJECT MANAGER, and if the character and
progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and
PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF
FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION
PROJECT MANAGER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100
percent of the Work completed.
100 percent of materials and equipment not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory to
CITY OF FAYETTEVILLE as provided in paragraphs 14.02.6.5 & 14.02.D of the
General,Conditions. That is, if any such items are setup for that type payment
in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent
being retainage), less such amounts as PARKS AND RECREATION DIVISION
PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in
accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14-07.13 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by PARKS AND RECREATION DIVISION
PROJECT MANAGER as provided in said paragraphs 14.07.13 & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including technical data.
6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, and furnishing
of the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws ad
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
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conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been
identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General
Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the
Supplementary Conditions of the extent of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the
General Conditions.
CONTRACTOR acknowledges that such reports and drawing are not Contract Documents
and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges
that CITY OF FAYETTEVILLE AND PARKS AND RECREATION DIVISION PROJECT
MANAGER do not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Contract Documents with respect to Underground Facilities at
or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of
the means, methods, techniques, sequences, and procedures of construction to the employed
by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies, or data are necessary for the performance and furnishing of the Work at the Contract
Price, within the Contract Times, and in accordance with the other terms and conditions of the
Contact Documents.
6.5 CONTRACTOR is aware of the general nature of work to be performed by CITY OF
FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract
Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, exploration, tests,
studies, and data with the Contract Documents.
6.7 CONTRACTOR has given PARKS AND RECREATION DIVISION PROJECT
MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Document and the written resolution thereof
by PARKS AND RECREATION DIVISION PROJECT MANAGER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between CITY OF
FAYETTEVILLE AND CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement (pages 1-9, inclusive).
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7.2 Performance and Payment Bonds, (Exhibits A and B respectively).
7.3 Certificates of Insurance, (Exhibit C).
7.4 Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5 General Conditions (pages 1 to 42, inclusive).
7.6 Supplementary Conditions (pages 1 to13, inclusive).
7.7 Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof.
7.8 Addenda numbers 1-4, inclusive.
7.9 One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through nine with each sheet bearing the following general title: Gulley
Park Improvements Re-Bid.
7.10 The following which maybe delivered or issued after the Effective Date of the agreement
and are not attached hereto:
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and other documents amending, modifying or supplementing
the Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of
the General Conditions.
Article 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 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 CONTRACTOR each binds itself, it partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors, assigns,
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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 contract 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, CONTRACTOR 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this
Agreement in quadruplicate. One counterpart each has been delivered to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, and two
counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents
have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or
identified by PARKS AND PRECREATION DIVISION PROJECT MANAGER on their behalf.
This Agreement will be effective on 2007 (which is the Effective
Date of The Agreement).
CITY OF FAYETTEVILLE: CONTR TOR
-- �
e
By: By: �=
Mayor
[CORPORATE SEAL] [CORPORATE SEAL]
t
* If a Corporation, atte y the Secretary.
Address forgiving notices Address for giving notices
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(If CITY OF FAYETTEVILLE is a public body, attach License No.
evidence of authority to sign and resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is a corporation, attach evidence of authority to sign)
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Yvonne Richardson Community Center
Page 1 of 2
RESOLUTION NO.
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT
IN THE AMOUNT OF $27,884.00
WHEREAS, the City has discovered that an hourly employee, Ramiro Dominguez, who
worked at the Yvonne Richardson Community Center had had some of his hours worked
underreported by his supervisor, Lance Fisher, for about a two year period; and
WHEREAS, a continuing investigation including extensive sworn statements from both
the supervisor and employee, witness interviews and other efforts indicate that at least some of
the assertion of the employee that he is owned some back pay for previously unreported work
hours is probably correct.
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
the attached budget adjustment in the amount of$27,884.00 to fund a not to exceed amount of
$27,884.00 as potential back pay for Ramiro Dominguez.
PASSED and APPROVED this 5th day of June, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Yvonne Richardson Community Center
Page 2 of 2
B. 1
Walker Park Cell Tower
Page 1 of 8
FAYETTEVILLE MEMORANDUM
Date: May 30, 2007
To: City Council
From: Connie Edmonston,Parks &Recreation Director
Subject: Walker Park Cell Tower Information
Attached is a location map and information relating to the proposed cell tower in Walker Park. The
proposed site for the tower is northeast of the parking lot located on the intersection of 13a' Street
and Block Street. David Reynolds from Smith Communications said he would stake and mark the
site for you by Thursday.
Please note the parking lot on north Block Street that serves the BMX Track and Grinders Skate
Park is not entirely owned by the City. Park property is outlined in green. In addition,this parking
lot and Area B, as well as Area A marked on the map, are within an Arkansas Parks and Tourism
Outdoor Recreation Grant provision that secures in perpetuity the use of these areas for outdoor
recreational use only. Therefore, the cell tower could not be located in this area. Please refer to the
agenda memo.
If you have any questions,please call me at 444-3473. I would be happy to meet you on site.
1
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W.Mountain Street
Fayetteville,Arkansas 72701
Telephone: 479444-3471 Fax: 479-521-7714
E-mail:cedrnonston@ci.fayetteville.ar.us