HomeMy WebLinkAbout2010-02-16 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 16, 2010
A meeting of the Fayetteville City Council will be held on February 16, 2010 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
Mayor's Announcements, Proclamations and Recognitions:
1. Recognition of Students in Free Enterprise (SIFE) from the Walton College for their
volunteer services in 2009 and into this year. SIFE projects include Project LIGHTS,
GreeNWAy, 15th Street Recycling Center, and Happy Hollow Education Project among
other things.
Presentations, Reports and Discussion Items:
1. Quarterly Report of Financial Condition of the City—City Clerk
2. Presentation of the 2010 City of Fayetteville Martin Luther King Brotherhood Award by
City Attorney Kit Williams
Agenda Additions:
1. Ice and Snow Removal Materials: A resolution approving a budget adjustment for the
Transportation Services Division in the amount of $115,000.00 to increase funding to
provide additional ice and snow removal materials.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-10
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
2. Cargill Inc., Amend Resolution No. 21-10: A resolution amending Resolution No. 21-
10, awarding Bid #10-14 and approving the purchase of crushed rock salt from Cargill,
Inc. in the amount of$98.02 per ton as needed through the end of calendar year 2010.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-10
A. Consent:
1. Approval of the January 19, 2010 and February 2, 2010 City Council meeting minutes.
APPROVED
2. U.S. Marshals Service Reimbursement: A resolution approving a budget adjustment
for the Fayetteville Police Department in the amount of $75,000.00 to recognize
reimbursement from the U.S. Marshals Service for detective overtime expenses related to
investigative operations.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-10
3. Old Wire Road Traffic Signal: A resolution expressing the willingness of the City of
Fayetteville to utilize federal-aid monies for a traffic signal at the intersection of Old
Wire Road and State Highway 45.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-10
4. Crossover Road Right-of-Way: A resolution authorizing the sale of right-of-way along
Crossover Road (State Highway 265) containing 1,301 square feet and being a part of
Parcel No. 765-13279-100 for a total of $1,750.00 and two temporary construction
easements on part of Parcel No. 764-13277-000 for $1,050.00, and authorizing the Mayor
to execute deeds and all other necessary papers to transfer ownership and easements on
the properties to the Arkansas State Highway Commission.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-10
5. Bid #10-15 IAMS Dog Park at Bryce Davis Park: A resolution awarding Bid #10-15
and approving a contract with Sweetser Construction, Inc. in the amount of$122,027.00
for construction of IAMS Dog Park at Bryce Davis Park, and approving a 10% project
contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-10
B. Unfinished Business: None
C. New Business:
1. Regional Urban Stormwater Education Program: An ordinance waiving the
requirements of formal competitive bidding and approving a memorandum of understanding
with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in
the amount of $43,191.55 for the Regional Urban Stormwater Education Program to be
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
provided by the University of Arkansas Cooperative Extension Service to satisfy portions of
the NPDES Phase II Stormwater Permit requirements.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5306
Announcements:
1. City Council Tour: None
Adjournment: 6:35 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interestedparties may appear and be heard before the City Council Ifyou wish to address the City
Council on an agenda item please queue behind the podium when the Chair asks for public comment.
Once the chair recognizes you, go to the podium and give your name and address. Address your
comments to the Chair, who is the presiding officer. The Chair will direct your comments to the
appropriate elected official, staff member or others for response. Please keep your comments brief, to
the point and relevant to the agenda item being considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour
advance notice is required. For further information or to request an interpreter,please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City
Clerk, 773 West Mountain, Fayetteville,Arkansas.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
City Council Meeting: February 16,2010 Adjourn: '36 pM'
Subject: Roll
Cook
Petty ✓
Rhoads
Ferrell
atkwojLucas
Lewis ✓
Gray Qbsen�
Thiel ✓
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Mayor Jordan
City Council Meeting: February 16,2010 Q
Qold 4-izw
Subject: T
Motion To:
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Motion By: Cc0k.
Seconded: ®�
Cook
Petty
QRhoads
d.d �o
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Mayor Jordan /
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Subject: `0.(V
Motion To:
Motion By:
Seconded:
NRhoads
Lucas
Lewis
Gray � -
Thiel
Mayor Jordan
Ff�'0
City Council Meeting: February 16, 2010 nn
Subject: iv �g -Rt
Motion To: Om4j�'
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Motion By: � �
Seconded: Ole
Cook
Petty ✓
Rhoads f
fJ Ferrell
Lucas
Lewis F/
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Thiel
Mayor Jordan
7-b 7-a
Subject:
Motion To:
Motion By:
Seconded:
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Mayor Jordan
City Council Meeting: February 16, 2010
Subject: Consent
Motion To:
Motion By:
Seconded: �i u2J
Cook
Petty
Rhoads
Ferrell
Lucas
2Zf b Lewis ✓'
Gray
Thiel
Mayor Jordan �7
/ -0
Subject:
Motion To:
Motion By:
Seconded:
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Mayor Jordan
City Council Meeting: February 16,2010
Subject: Regional Urban Stormwater Education Program
Motion To: nA14 t 4W 3 rd Q
Motion By: �^
Seconded: 93
C. 1 Cook
New Petty
Business Rhoads 1/ ✓
Ferrell ✓ �/ t�
Lucas
Lewis
Gray
Aar& c 651bkf
Thiel V/ ✓
Mayor Jordan
-® 7-O
Subject:
Motion To:
Motion By:
Seconded:
Cook
Petty
Rhoads
Ferrell
Lucas
Lewis
Gray
Thiel
Mayor Jordan
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY fil
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: February 17,2010
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of February 16, 2010
1. U.S. Marshals Service Reimbursement: A resolution approving a budget adjustment
for the Fayetteville Police Department in the amount of $75,000.00 to recognize
reimbursement form the U.S. Marshals Service for detective overtime expenses related to
investigative operations.
2. Old Wire Road Traffic Signal: A resolution expressing the willingness of the City to
Fayetteville to utilize Federal-Aid monies for a traffic signal at the intersection of Old Wire
Road and State Highway 45.
3. Crossover Road Right-of-Way: A resolution authorizing the sale of right-of-way
along Crossover Road (State Highway 265) containing 1,301 square feet and being a part of
Parcel No. 765-13279-100 for a total of$1,750.00 and two temporary construction easements
on part of Parcel No. 764-13277-000 for $1,050.00 and authorizing the Mayor to execute
deeds and all other necessary papers to transfer ownership and easements on the properties to
the Arkansas State Highway Commission.
4. Bid #10-15 Iams Dog Park at Bryce Davis Park: A resolution awarding Bid #10-15
and approving a contract with Sweetser Construction, Inc. in the amount of $122,027.00 for
construction of lams Dog Park at Bryce Davis Park, and approving a 10% project contingency.
5. Regional Urban Stormwater Education Program: An Ordinance waiving the
requirements of formal competitive bidding and approving a Memorandum Of Understanding
with the Municipal Separate Storm Sewer Systems jurisdictions and the Northwest Arkansas
Regional Planning Commission in the amount of $43,191.55 for the regional urban stormwater
education program to be provided by the University Of Arkansas Cooperative Extension Service
to satisfy portions of the NPDES Phase II Stormwater Permit requirements
6. Ice & Snow Removal Materials: A resolution approving a budget adjustment for the
Transportation Services Division in the amount of$115,000.00 to increase funding to provide
additional ice and snow removal materials.
7. Crushed Rock Salt: A resolution amending Resolution No. 21-10, awarding
Bid#10-14 and approving the purchase of crushed rock salt from Cargill, Inc. in the amount of
$98.02 per ton as needed through the end of calendar year 2010.
2
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
February 16, 2010
A meeting of the Fayetteville City Council will be held on February 16, 2010 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
Mayor's Announcements, Proclamations and Recognitions:
1. Recognition of Students in Free Enterprise (SIFE) from the Walton College for their
volunteer services in 2009 and into this year. SIFE projects include Project LIGHTS,
GreeNWAy, 15th Street Recycling Center, and Happy Hollow Education Project among
other things.
Presentations, Reports and Discussion Items:
1. Quarterly Report of Financial Condition of the City—City Clerk
2. Presentation of the 2010 City of Fayetteville Martin Luther King Brotherhood Award by
City Attorney Kit Williams
Agenda Additions:
A. Consent:
1. Approval of the January 19, 2010 and February 2, 2010 City Council meeting minutes.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
2. U.S. Marshals Service Reimbursement: A resolution approving a budget adjustment
for the Fayetteville Police Department in the amount of $75,000.00 to recognize
reimbursement from the U.S. Marshals Service for detective overtime expenses related to
investigative operations.
3. Old Wire Road Traffic Signal: A resolution expressing the willingness of the City of
Fayetteville to utilize federal-aid monies for a traffic signal at the intersection of Old
Wire Road and State Highway 45.
4. Crossover Road Right-of-Way: A resolution authorizing the sale of right-of-way along
Crossover Road (State Highway 265) containing 1,301 square feet and being a part of
Parcel No. 765-13279-100 for a total of $1,750.00 and two temporary construction
easements on part of Parcel No. 764-13277-000 for $1,050.00, and authorizing the Mayor
to execute deeds and all other necessary papers to transfer ownership and easements on
the properties to the Arkansas State Highway Commission.
5. Bid #10-15 IAMS Dog Park at Bryce Davis Park: A resolution awarding Bid #10-15
and approving a contract with Sweetser Construction, Inc. in the amount of$122,027.00
for construction of 1AMS Dog Park at Bryce Davis Park, and approving a 10% project
contingency.
B. Unfinished Business: None
C. New Business:
1. Regional Urban Stormwater Education Program: An ordinance waiving the
requirements of formal competitive bidding and approving a memorandum of
understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning
Commission in the amount of$43,191.55 for the Regional Urban Stormwater Education
Program to be provided by the University of Arkansas Cooperative Extension Service to
satisfy portions of the NPDES Phase 11 Stormwater Permit requirements.
Announcements:
1. City Council Tour: None
Adjournment:
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address the City
Council on an agenda item please queue behind the podium when the Chair asks for public comment.
Once the chair recognizes you, go to the podium and give your name and address. Address your
comments to the Chair, who is the presiding officer. The Chair will direct your comments to the
appropriate elected official, staff member or others for response. Please keep your comments brief, to
the point and relevant to the agenda item being considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour
advance notice is required. For further information or to request an interpreter,please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City
Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
A.4
Crossover Road Right-of-Way
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SALE OF RIGHT-OF-WAY ALONG
CROSSOVER ROAD (STATE HIGHWAY 265) CONTAINING 1,301
SQUARE FEET AND BEING A PART OF PARCEL No. 765-13279-100 FOR
A TOTAL OF $1,750.00 AND TWO TEMPORARY CONSTRUCTION
EASEMENTS ON PART OF PARCEL No. 764-13277-000 FOR $1,050.00,
AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND ALL
OTHER NECESSARY PAPERS TO TRANSFER OWNERSHIP AND
EASEMENTS ON THE PROPERTIES TO THE ARKANSAS STATE
HIGHWAY COMMISSION
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 authorizes
the sale of right-of-way along Crossover Road (State Highway 265) containing 1,301 square feet
and being a part of Parcel No. 765-13279-100 for a total of $1,750.00 to the Arkansas State
Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the sale of temporary construction easements along Crossover Road (State Highway 265) on part
of Parcel No. 764-13277-000 for$1,050.00 to the Arkansas State Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor to execute deeds and all other necessary papers to transfer ownership and easements
on the properties to the Arkansas State Highway Commission.
PASSED and APPROVED this 16'x'day of February, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.4
Crossover Road Right-of-Way
Page 2 of 2
A.5
Bid#10-15 TAMS Dog Park
at Bryce Davis Park
City of Fayetteville Staff Review Form Page 1 of 14
City Council Agenda Items
and
Contracts, Leases or Agreements
2/16/2010
City Council Meeting Date
Agenda Items Only
Alison Jumeer Park Planning Parks and Recreation
Submitted By Division Department
Action Re uimd:
resolution awarding Bid#10-15 and approval of a contract with Sweetser Construction, Inc. in the amount of
122,027 with a 10%project contingency of$12,203 for a total project cost of$134,230 for the construction of lams
Dog Park at Bryce Davis.
Neighborhood Park Development
$ 134,230.00 $ 475,000.00 Neighborhood Park Development
Cost of this request Category/Project Budget Program Category/Project Name
Parks Development
2250.9255.5806.00 $ 183,424.00 Parks Development
Account Number Funds Used to Date Program/Project Category Name
02013.0902 Donations
02013.0802 $ 291,576.00 Parks Development/PLDO(NW)
Project Number Remaining Balance Fund Name
Budgeted Item E...X Budget Adjustment Attached
i
'� ,��JiJ•`,L ��i '716 �'L% p...�°r, Previous Ordinance or Resolution# 141-09,06-10
epa Dire Date
Original Contract Date:
oZ-S- lO
Original Contract Number:
ltomey Date
`Pa; 0. . 1d..xn -`Z ?SID 11NrESEO
Finance and Internal Services Director Date Received in City
p� Clerk's Office
ief of S - - bate
` Received in /g
Mayor's Office
May ate
omments:
Revised January 15,2009
A.5
Bid#10-15 TAMS Dog Park
at Bryce Davis Park
aye MI. e Page 2 of 14
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director .�1 .
From: Alison Jumper, Park Planning Superintendent O
Date: February4, 2010
Subject: Bid# 10-15 Construction of Iams Dog Park at Bryce Davis
PROPOSAL:
Bryce Davis Park is located at 1595 N. Dartmouth Dr. Approximately 17 acres were added to the existing 9.2
acre park in 2008. The park will now serve as a community park for the northwest quadrant of the City. A
master plan for the park has been developed and is being constructed in phases. Phase one includes the addition
of a restroom which is currently under construction. Future phases include the construction of a dog park,
walking path, fishing pier,pavilion and picnic areas.
On June 16, 2009, the City Council passed Resolution Number 141-09 authorizing City Council to accept a
donation from Procter and Gamble in the amount of$30,000 to contribute to the development of a dog park(see
attached resolution).
On January 5, 2010 the City Council passsed Resolution Number 06-10 authorizing the Mayor to apply to the
Arkansas Department of Parks and Tourism for a General Improvements Fund Grant in the amount of$160,000
for improvements to Bryce Davis Park. If this grant is received it will help fund subsequent phases of the master
plan development.
The bid for the construction of the dog park advertised on January 180i and 250' and opened on February 3rd. Six
vendors including Alpha Building Corporation, Danny Robinson Construction, LLC, Fochtman Enterprises,
Inc., Kim Hoadley Construction Company, Inc., Midland Construction, Inc. and Sweetser Construction, Inc,
submitted bids with Swcetser Constrction, Inc. being the low bid in the amount of$122,027.
If approved, the construction of the dog park is anticipated to begin in late February and be completed in April
2010.
RECOMMENDA,,TION•
A resolution awarding BID #10-15 and approval of a contract with Sweetser Construction, Inc. in the amount of
$122,027 with a 10%project contingency of$12,203 for a total project cost of$134,230 for the Construction of
Iams Dog Park at Bryce Davis.
A.5 �M�
THE CITY OF FAYETTE0AWX�'`LWW9 Park
age 3 Or
BUDGET IMPACT:
The project is funded with Park Development funds. The contract with Alpha Building Corporation for the
restroom encumbered $175,534 leaving approximately $291,576 for the remaining phases. The project cost for
the dog park including a 10 % contingency is $134,230.
Attachments:
Iams Dog Park Location Map
Resolution No. 141-09
Resolution No.06-10
Bid Tab
Contract Agreement Signed by Contractor
Purchase Requisition
A.5
Bid#10-15 TAMS Dog Park
at Bryce Davis Park
Page 4 of 14
RESOLUTION NO.
A RESOLUTION AWARDING BID 910-15 AND APPROVING A
CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE
AMOUNT OF $122,027.00 FOR CONSTRUCTION OF LAMS DOG
PARK AT BRYCE DAVIS PARK, AND APPROVING A 10%
PROJECT CONTENGENCY
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 awards Bid
#10-15 and approves a contract, a copy of which is attached to this Resolution as Exhibit "A"
and incorporated herein, with Sweetser Construction, Inc. in the amount of $122,027.00 for
construction of Iams Dog Park at Bryce Davis Park, and approves a ten percent (10%) project
contingency.
PASSED and APPROVED this 16ffi day of February, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.5
Bid#10-15 TAMS Dog Park
at Bryce Davis Park
Page 5 of 14
I
BID: 10-15
Q /�jDATE: :0M0PY c1 TIME:3:00 PM
A fl K A N S A S CITY OF FAYETTEVILLE
Bid 10-15, Construction of lams Park at Bryce Davis
s@a
. �t1�AT3tW i' aex ,,tom -
R `
3
r
.. n .. ..v v Y F.X . ... ... v .e .. ♦. _.V. .. �. ..
1 Alpha Building Corporation $7,466.00 $12,390.00 $3,847.00 $132,708.00
2 Danny Robinson Construction, LLC $5,890.00 $13,120.00 $7,000.00 $131,352.00
3 Fochtman Enterprises,Inc. $7,790.00 $16,640.00 $3,720.00 $131,594.00
4 Kim Hoadley Construction Co.,Inc. $5,200.00 $11,200.00 $5,035.00 $144,526.00
5 Midland Construction, Inc. $7,980.00 $15,168.00 $4,500.00 $183,968.00
6 Sweetser Construction,Inc. $7,600.00 $16,000.00 $5,000.00 $122,027.00
"NOTICE:Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED: V.�a AL'4--1 AL OZIQsItO
P.VICE,PURCH MGR WITNESS DATE
A.5
717� k
. Y m i o.: a - at Bryce Davis Park
„ _ . „ ,
City Of,Fayetteviil0i Purchase Order(PO)`1Request zrazolo Pa e s of 14
All purchases under$2500 shall hs usod on a P,CaM u rmt Purohece'overt � e . i -
nhss raedio�l or f094 servhe re%afed: (Call X196 ivlth questions)
Ail PO R vest?ahalh$g scare; 'to fhe,Pu/chasln' e'•mall:Fuiehasln" 71atfevllle.ar us
70977— VendorName: Mail . ...
56870 Sweetser Construction,Inc. es:_ No:—
Address: o om: Taxable DubTes Attached - _
590 West Poplar Yes:_ No:_ Yes: x_ No:
ity: - State: Zip ode: hip to code: Divisors Head Approval:
Fa ltevilla V R 72703
eques r. Requesters Employee#: Extension:
Alison Jumper 2369 469
Iterril Descri tion _ Quantity Unit of Issue . Unit Cost Extended Cost Account Numbers Pro'ecUSub ro'ect# inventory# lFixed Asset#
1 Construction of lams Park at 1 Is 122,027.00 $122,027.00 2250.9255.5808.00 02013.0802
Bryce Davis Per Bid#10.15
2 $0.00 . .
3 . .. ... $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
6 - $0.00
9 $0.00
10 .. $0.00
Shipping/Handling Lot $0.00
Special instructions:
Subtotal: $122,027.00
Tax:
Total: $122,027.00
Approvals:
Mayer. Department Director L�ll Purchasing Manager. ..
Fina
Mair:
&Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
evi 1 0
A.5
S Dog Park
ark
Section 00 52 13
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the_day of in the year 2010 by and
between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE)
and Sweetser 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 This project includes constructing a
water line extension, electric line extension, installing a pavilion (provided by others),
fencing, picnic tables, sidewalks, benches, tree plantings and associated concrete
paving at Bryce Davis Park and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
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
and 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 the Construction of lams Park at Bryce Davis 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 14.07.13 & 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
Bid 10-15 Page 1 of 8
A.5
Bid#10-15 TAMS Dog Park
at Bryce Davis Park
Page 8 of 14
delays, expense and difficulties involved in proving the actual loss suffered by
CITY OF FAYETTEVILLE if the Work is not 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 an 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
Swestser Construction Inc.
ITEM DESCRIPTION UNITS QUAN. UNIT PRICE TOTAL
1 MOBILIZATION i L.S. 1 $3,500.00 $3,500.00
2 BID BONDS AND INSURANCE LS. 1 $1,500.00 $1,500.00
3 EXCAVATION SAFETY L.S. 1 $100.00 $100.00
4 SITE PREPARATION LS. 1 $5,500.00 $5,500.00
5 WATER LINE EXTENSION-APPROX.1038 L.F. 5 LS. 1 $15,000.00 $15,000.00
6 ELECTRIC LINE EXTENSION-APPROX.1130 L.F. 5 L.S. 1 $6,780.00 $6,780.00
7 FILL COMPLETE IN PLACE 5 CY 469 $10.00 $4,690.00
8 UNCLASSIFIED EXCAVATION 5 CY 612 $10.00 $6,120.00
9 POST AND 3 RAIL FENCE W/BLACK VINYL CHAIN Lit L.F. 1125 $12.00 $13,500.00
10 4'CHAIN LINK GATES 5 EA. 3 $195.00 $585.00
11 6'CHAIN LINK MAINTENANCE GATES 5 EA. 2 $290.00 $580.00
13 PAVILION FOOTINGS(5)(6) LS. 1 $2,400.00 $2,400.00
12 SILVA CELLS-INSTALLED 5 EA. 64 $250.00 $16,000.00
14 CONCRETE MOW STRIP 4"x 18"(5) S.Y. 190 $40.00 $7,600.00
15 CONCRETE-4"THICK W/INTEGRAL COLOR 5 S.Y. 106 $44.00 $4,664.00
16 CONCRETE-4'THICK NO COLOR 5 S.Y. 114 $32.00 $3,648.00
17 CONCRETE-5"THICK SHELTER SLAB 5 S.V. 145 $48.00 $6,960.00
18 SANDBLAST AND PAINT PAVILION 7 L.S. 1 $3,000.00 $3,000.00
19 PICNIC TABLES-COMPLETE IN PLACE 11 EA. 2 $1,500.00 $3,000.00
20 BIKE RACK-COMPLETE IN PLACE 11 EA. 2 $300.00 $600.00
21 6'BENCHES-COMPLETE IN PLACE 11 EA. 2 $1,000.00 $2,000.00
22 DRINKING FOUNTAIN WITH DOG BOWL-COMPLETE EA. 1 $6,300.00 $6,300.00
23 QUERCUS PHELLOS-WILLOW OAK(9).ACER I.S. 1 $5,000.00 $5,000.00
SACCHARUM 4,ACER RUBRUM B,CARYA
24 SITE RESTORATION I.S. 1 $3,000.00 $3,000.00
TOTAL $12202700
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 11.03.6 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 PROJECT
MANAGER as provided 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 established in paragraph 2.07 of the General
Conditions and based on the number of units completed in the case of Unit Price
Work or, in the event there is no 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
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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.
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.B.5 & 14.02.13 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.B.5 & 14.02.13 of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraphs 14.07.B & 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 14.07.6 & 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, or furnishing of the Work.
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6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and 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 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 drawings 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
Contract 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, explorations, 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 Documents 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.
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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 to 8, inclusive).
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 to 13 inclusive).
7.7. Specifications consisting of Divisions 1 through 31 as listed in table of
contents thereof.
7.8. Addenda numbers 1-2, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through eleven with each sheet bearing
the following general title: Construction of lams Park at Bryce Davis.
7.10. The following which may be 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 at 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
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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, 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 at. 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 RECREATION DIVISION PROJECT
MANAGER on their behalf.
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This Agreement will be effective on 2010 (which is the
Effective Date of The Agreement).
CITY OF FAYETTEVILLE: SWEETSER C N N, INC.
By: By:
Mayor
[CORPORATE SEAL] [CORPORATE SEAL]
Attest 'Attest
If a Corporation, attest by the
Secretary.
Address forgiving notices Address for giving notices
(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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