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Home My WebLink About2016-06-07 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, June 7, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2016-0264 FIRST QUARTER FINANCIAL REPORT TO CITY COUNCIL Agenda Additions: A. Consent: A.1 2015-0648 APPROVAL OF THE MAY 17, 2016 CITY COUNCIL MEETING MINUTES. A.2 2016-0269 BID #16-23 JBZ, INC. DB/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 16-23 AND APPROVE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $287,300.00 FOR THE CONSTRUCTION OF KITCHEN RENOVATIONS AT THE FAYETTEVILLE SENIOR CENTER; TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,153.00; TO APPROVE CHANGE ORDER NO. 1 TO REFLECT VALUE ENGINEERING ITEMS AND REDUCE THE CONTRACT AMOUNT BY $53,560.00; AND TO APPROVE A BUDGET ADJUSTMENT Attachments: BID #16-23 JBZ, INC. D/B/A ELLINGSON CONTRACTING BA BID #16-23 JBZ, INC. D/B/A ELLINGSON CONTRACTING City of Fayetteville, Arkansas Page 2 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 A. 3 A. 4 A. 5 A. 6 101 ti_ms'7 BID #16-31 HILBILT SALES CORPORATION: A RESOLUTION TO AWARD BID #16-31 AND AUTHORIZE THE PURCHASE OF A 2016 CLEMENT STARLIGHT 3829 TANDEM AXLE DUMP TRAILER FROM HILBILT SALES CORPORATION OF BENTON, ARKANSAS IN THE AMOUNT OF $39,590.00 PLUS APPLICABLE TAXES FOR USE AT THE CITY WASTEWATER TREATMENT FACILITIES Attachments: BID #16-31 HILBILT SALES CORPORATION 2016-0258 BID #16-33 SUPERIOR AUTOMOTIVE GROUP: A RESOLUTION TO AWARD BID #16-33 AND AUTHORIZE THE PURCHASE OF TWO (2) 2016 FORD F-350 FLATBED TRUCKS FROM SUPERIOR AUTOMOTIVE GROUP OF SILOAM SPRINGS, ARKANSAS IN THE TOTAL AMOUNT OF $66,558.00 FOR USE AT THE CITY WASTEWATER TREATMENT FACILITIES Attachments: BID #16-33 SUPERIOR AUTOMOTIVE GROUP 2016-0256 RIGGS CAT 2016 CATERPILLAR 420F2 BACKHOE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2016 CATERPILLAR 420F2 BACKHOE FROM RIGGS CAT OF SPRINGDALE, ARKANSAS IN THE AMOUNT OF $95,620.00, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE TRANSPORTATION DEPARTMENT Attachments: RIGGS CAT 2016 CATERPILLAR 420F2 BACKHOE 2016-0259 RIGGS CAT 2016 CATERPILLAR 259D SKID STEER: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2016 CATERPILLAR 259D SKID STEER FROM RIGGS CAT OF SPRINGDALE, ARKANSAS IN THE AMOUNT OF $55,000.00, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION Attachments: RIGGS CAT 2016 CATERPILLAR 259D SKID STEER City of Fayetteville, Arkansas Page 3 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 A. 7 A. 8 A. 9 gni ti_mtin LEWIS AUTOMOTIVE GROUP: A RESOLUTION TO APPROVE THE PURCHASE OF A 2013 DODGE CARAVAN FROM LEWIS AUTOMOTIVE GROUP OF FAYETTEVILLE, ARKANSAS IN THE AMOUNT OF $17,771.00 FOR USE BY THE AIRPORT SERVICES DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: LEWIS AUTOMOTIVE GROUP BA LEWIS AUTOMOTIVE GROUP 2016-0147 SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENT: A RESOLUTION TO APPROVE A SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $188,525.00 FOR THE CITY TO ADMINISTER PROGRAMS TO PROVIDE RENTAL ASSISTANCE AND SUPPORTIVE SERVICES TO HOMELESS FAYETTEVILLE RESIDENTS Attachments: SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENT 2016-0223 MCGOODWIN, WILLIAMS AND YATES, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN AN AMOUNT NOT TO EXCEED $182,077.00 FOR A WATER MASTER PLAN UPDATE AND FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR THE REPLACEMENT OF APPROXIMATELY 3,000 FEET OF WATER LINE ON DINSMORE TRAIL Attachments: MCGOODWIN, WILLIAMS AND YATES, INC. City of Fayetteville, Arkansas Page 4 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 A.10 2016-0239 TAXIWAY LIGHTING REHABILITATION CONSTRUCTION GRANT APPLICATION: A RESOLUTION TO AUTHORIZE APPLICATION FOR AND ACCEPTANCE OF A 90/10 MATCHING GRANT FROM THE FEDERAL AVIATION ADMINISTRATION TO PROVIDE FUNDING FOR THE TAXIWAY LIGHTING REHABILITATION PROJECT AT DRAKE FIELD, TO APPROVE A CONTRACT WITH H&H ELECTRIC, INC. IN THE AMOUNT OF $222,755.00 FOR THE PROJECT CONTINGENT UPON A GRANT AWARD, AND TO APPROVE A BUDGET ADJUSTMENT AUTHORIZING THE AIRPORT FUND MATCHING EXPENSE AND RECOGNIZING GRANT REVENUE CONTINGENT UPON APPROVAL OF THE GRANT APPLICATION AND RECEIPT OF GRANT FUNDS Attachments: TAXIWAY LIGHTING REHABILITATION CONSTRUCTION GRANT APPLICAT BA TAXIWAY LIGHTING REHABILITATION CONSTRUCTION GRANT APPLN A. 11 2016-0243 UNIVERSITY OF ARKANSAS OSHER LIFELONG LEARNING INSTITUTE LEASE AGREEMENT: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES DURING THE FALL 2016 AND SPRING 2017 SEMESTERS IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED Attachments: UNIVERSITY OF ARKANSAS OSHER LIFELONG LEARNING INSTITUTE LEAS A.12 2016-0271 ROGERS, INC.: A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH ROGERS, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $330.00 PER MONTH TO PROVIDE IN-FLIGHT CATERING SERVICES Attachments: Rogers, Inc. B. Public Hearing: City of Fayetteville, Arkansas Page 5 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 B.1 2016-0190 550 WEST SKELTON STREET: A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF WASHINGTON COUNTY, ARKANSAS THE COSTS OF ABATING UNSIGHTLY AND UNSANITARY CONDITIONS AND THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE UPON THE PROPERTY OWNED BY U.S. BANK NATIONAL ASSOCIATION AT 550 WEST SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS Attachments: 550 WEST SKELTON STREET C. Unfinished Business: C. 1 2016-0248 FALLING WATERS APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5385 FOR APPROXIMATELY 35.31 ACRES ON DEAD HORSE MOUNTAIN ROAD FROM R -A, RESIDENTIAL AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING DEVELOPMENT TO 51 HOMES (LEFT ON FIRST READING) Attachments: FALLING WATERS APPEAL At the May 17, 2016 this item was left on the first reading D. New Business: D. 1 2016-0266 RZN 16-5400 (SOUTHEAST CORNER OF PERSIMMON & BROYLES AVE./CROSS KEYS SOUTH SD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5400 FOR APPROXIMATELY 1.43 ACRES LOCATED AT THE SOUTHEAST CORNER OF PERSIMMON AND BROYLES AVENUE FROM R -A, RESIDENTIAL AGRICULTURAL AND NC, NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R -A, RESIDENTIAL AGRICULTURAL Attachments: RZN 16-5400 (SOUTHEAST CORNER OF PERSIMMON & BROYLES AVE./CROS City of Fayetteville, Arkansas Page 6 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 D. 2 IM A 4 D. 5 �nI ti_Msc VAC 16-5404 (1649 W. FARMINGTON ST./STEVENS): AN ORDINANCE TO APPROVE VAC 16-5404 SUBMITTED BY ANGELA STEPHENS FOR PROPERTY LOCATED AT 1649 WEST FARMINGTON STREET TO VACATE PORTIONS OF AN ACCESS EASEMENT Attachments: VAC 16-5404 (1649 W. FARMINGTON ST./STEVENS) ')nl ti_M 7Q THEATRE SQUARED, INC.: A RESOLUTION TO APPROVE A LONG TERM LEASE OF THE SPRING AND WEST PARKING LOT WITH THEATRE SQUARED, INC. TO CONSTRUCT A PERFORMANCE THEATER WITH EDUCATIONAL AND COMMUNITY EVENT SPACE Attachments: THEATRE SQUARED, INC. Additional Theatre Squared, Inc. In l A -M 7A MARK ZWEIG, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MARK ZWEIG, INC. FOR A WATER MAIN UPGRADE ALONG COLLEGE AVENUE BETWEEN EAST DAVIDSON STREET AND EAST MAPLE STREET WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $73,100.40 Attachments: MARK ZWEIG, INC. 2016-0272 OZARKS ELECTRIC COOPERATIVE CORPORATION, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE A 25 YEAR LICENSE AGREEMENT WITH OZARKS ELECTRIC COOPERATIVE CORPORATION, INC. FOR THE PURCHASE OF 100 SHARES AT THE OZARKS NATURAL ENERGY SOLAR FACILITY IN THE AMOUNT OF $34,000.00 Attachments: OZARKS ELECTRIC COOPERATIVE CORPORATION, INC. City of Fayetteville, Arkansas Page 7 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 D.6 2016-0273 TREE PRESERVATION AREA MODIFICATION: A RESOLUTION TO APPROVE A MODIFICATION TO AN EXISTING TREE PRESERVATION AREA AT THE WALTON ARTS CENTER FOR THE PURPOSE OF INSTALLING PUBLIC ART Attachments: TREE PRESERVATION AREA MODIFICATION E. City Council Agenda Session Presentations: E.1 2016-0245 AGENDA SESSION PRESENTATION - CH2M ANNUAL REPORT, BILLY AMMONS E.2 2016-0250 AGENDA SESSION PRESENTATION - TRAIL CONSTRUCTION STATUS UPDATE - MATT MIHALEVICH F. City Council Tour: G. Announcements: H. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville, Arkansas Page 9 Printed on 6/2/2016 City Council Meeting Meeting Agenda - Final Agenda June 7, 2016 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville, Arkansas Page 10 Printed on 6/2/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0269 Agenda Date: 6/7/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 BID #16-23 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO AWARD BID # 16-23 AND APPROVE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $287,300.00 FOR THE CONSTRUCTION OF KITCHEN RENOVATIONS AT THE FAYETTEVILLE SENIOR CENTER; TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,153.00; TO APPROVE CHANGE ORDER NO. 1 TO REFLECT VALUE ENGINEERING ITEMS AND REDUCE THE CONTRACT AMOUNT BY $53,560.00; AND TO APPROVE A BUDGET ADJUSTMENT 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 # 16-23 and approves a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $287,300.00 for the construction of kitchen renovations at the Fayetteville Senior Center, and further approves a project contingency in the amount of $30,153.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. I to the contract with JBZ, Inc. d/b/a Ellingson Contracting to reflect value engineering items and reduce the contract amount by $53,560.00. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 6/2/2016 City of Fayetteville Staff Review Form 2016-0269 Legistar File ID 6/7/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Connie Edmonston/Wade Abernathy 5/18/2016 Parks &Recreation Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Ellingson Contracting in the amount of $287,300 & a simultaneous change order reducing the contract amount by $53,560 for a final contract amount of $233,740 for the construction of 684 square feet & 500 square feet of kitchen renovation space to the City of Fayetteville Senior Activity & Wellness Center located in Walker Park on 901 South College Avenue. Approval of a budget adjustment to recognize $25,000 Walmart Foundation & $5,714 from the completed Senior Center's parking lot project. Also recommend approval of a project contingency of $30,153. Budget Impact: 4470.9470.5315.00 Sales Tax Cap Imp Account Number Fund 15010.1 & Walker Park Sr Activity & Wellness Ctr 14006.1 Fayetteville Sr. Center Pkng Lot/Drainage Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 116,578.00 $ 3,284.36 $ 113,293.64 $ 129,850.00 $ 30,714.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: 42315 Approval Date: Comments: deMx Architects contracts for professional services approved on April 23, 2015. CITY OF Ta y i'I'l e ARKANSAS MEETING OF JUNE 7, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Department, Sr. Director FROM: Wade Abernathy, Facilities Management & Building Construction Manager DATE: May 16, 2016 SUBJECT: Approval of a Contract with Ellingson Contracting for the construction of the Fayetteville Senior Activity and Wellness Center Kitchen Renovation Bid -16-23, approval of Change Order #1 reflecting value engineering items, approval of project contingency budget, and approval of a budge adjustment. RECOMMENDATION: Staff recommends approval of a contract with Ellingson Contracting in the amount of $287,300.00 and a simultaneous change order reducing the contract amount by $53,560.00 for a final contract amount of $233,740.00 for the construction of 684 square feet and 500 square feet of kitchen renovation space to the City of Fayetteville Senior Activity and Wellness Center located in Walker Park on 901 South College Avenue. Approval of a budget adjustment to recognize $25,000 Walmart Foundation and $5,714 from the completed Senior Center's parking lot project. Also recommend approval of a project contingency of $30,153. BACKGROUND: The Fayetteville Senior Activity and Wellness Center located in Walker Park is in need of expansion/improvements to the kitchen. The project was submitted as part of the adopted 5 - Year Capital Improvement Plan as follows: (2015) - $25,000.00; (2016) - $100,000.00; (2017) - $150,000.00. On April 23, 2015, a contract with deMx Architecture, P.A. was approved to provide architectural services for the Center in the amount of $18,500.00. Expanding the space, renovating the existing kitchen, and adding a new walk in freezer and kitchen equipment will allow the Center to not only accommodate the current number of patrons served, but will also accommodate future needs. (See attached Plans and Exterior View.) The Center prepares 325 to 350 meals per day for the Center's visitors, Hillcrest Towers, Fayetteville Meals on Wheels, and the Elizabeth Richardson Center. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Bids by two contractors were received on April 22, 2016. Ellingson Contracting provided the lowest responsive bid of $287,300.00. This was approximately 14.5 percent over funds certified, therefore staff began a value engineering process to identify items to remove from the contract which reduced the project amount by $53,560.00 as detailed in the attached Change Order No.1. The value engineering items include removal of a drink bar, and work associated with a chef's office. The recycling of an existing range hood from Animal Services' Ranger's Panty, as well as the self -performed HVAC work by Facilities Management Division also reduced costs. BUDGET/STAFF IMPACT: This project will be funded from the Walker Park Sr. Activity & Wellness Center project numbers 15010.1 and 14006.1 in the Sales Tax Capital Improvement Fund. The remaining costs include: 1. deMx Architects remaining contract: $ 4,400.00 2. Purchase of a walk-in freezer: $ 20,000.00 3. Ellingson construction contract: $233,740.00 4. Project contingency: $ 30,153.00 Total Budget Remaining $288,293.00. Construction of the project will be completed in two phases. Phase 1 of the contract will be in 2016 in the amount of $129,850.00. Phase 2 will be in 2017 in the amount of $103,890.00 pending City Council approval. Current funds available in 2016 for Phase 1 are $138,293.00. This includes $25,000.00 from the Walmart Foundation Grant program that was awarded to the Area Agency on Aging of Northwest Arkansas for the kitchen expansion project. The Area Agency will reimburse the City once expenses are incurred. (See attached letter.) Attachments: Contract with Ellingson Contracting Change Order No. 1 with Ellingson Contracting Budget Adjustment Purchase Order Request Exterior elevation and floor plan rendering Certification of Bids Bid Form Letter from Area Agency on Aging of Northwest Arkansas Section 00523 - AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the seventh day of June in the year 2016 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Ellingson Contractinq (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. This project includes renovation of and addition to the kitchen at the Fayetteville Sr. Center as per plans, specifications, and addendums. Article 2. PROJECT MANAGER. This Project has been designed by deMx Architecture under the supervision of: City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will hereinafter be called PARKS AND RECREATION DEPARTMENT 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 PROJECT MANAGER 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 Phase 1 Construction of the Fayetteville Senior Center Kitchen Renovation shall be substantially complete within 150 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 180 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 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. Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville April 2016 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. 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 DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 1 1.03.6 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 DEPARTMENT 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 DEPARTMENT 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 aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT 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. 95 percent of Work completed (with the balance of 5 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT 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 DEPARTMENT PROJECT MANAGER Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville April 2016 shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.13.5 & 14.02.D of the General Conditions. 5.3 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 DEPARTMENT 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 sites 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. 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 DEPARTMENT 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 DEPARTMENT 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 DEPARTMENT Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville April 2016 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 to 7, 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 32 as listed in table of contents thereof. 7.8. Addenda number 1, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets as enumerated in the drawing index with each sheet bearing the following general title: Construction Documents- Fayetteville Senior Center Kitchen Renovation. 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 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. Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville April 2016 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 Informatlon Act 1A.C.f1. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for the compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the fifing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 8.8.2016 Phase I of the contract will be in the amount of 129,850. 2017 Phase 2 of the contract will be in the amount of $103,890. Phase 2 will be null and void unless the city council specifically approves funding in the 2017 Budget. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE, and one counterpart has 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 DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on June 7 2016 (which is the Effective Date of the Agreement). CITY OF FAYETTEVILLE: By: Mayor [CORPORATE SEAL] CONTRACTOR [CORPORATE SEAL] Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville April 2016 f - Attest 'Attest If a orporation, ott b Secretary. Address for giving notices ddress for giving notices Bid 16-23, Construction — Fayetteville Senior Center Kitchen Renovation City of Fayetteville AFRI 2�1�