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HomeMy WebLinkAbout104-04 RESOLUTION•
RESOLUTION NO.104-04
A RESOLUTION AWARDING A CONTRACT TO TOMLINSON
ASPHALT COMPANY, INC. IN THE AMOUNT OF $32,977.00
FOR THE RENOVATION OF THE WILSON PARK BASKETBALL
COURT; APPROVING A PROJECT CONTINGENCY IN THE
AMOUNT OF $3,298.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a contract to Tomlinson Asphalt Company, Inc. in the amount of
$32,977.00 for the renovation of the Wilson Park basketball court.; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a project contingency in the amount of $3,298.00.
PASSED and APPROVED this 20th day of July 2004.
ATTEST:
By:
"..FLIVTRf'' .
S • %Iv�
FAYETTEVILLE,
eta F.
e:55 9,pKASpCW
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor/
• •
DOCUMENT 00500
CONTRACT
THIS AGREEMENT, made and entered into on the 0Z0411 day of 4t4ly , 2004, by
and between Tomlinson Asphalt Company, Inc. herein called the Contractor, and the City of
Fayetteville, Arkansas:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of
Fayetteville as follows:
1. That the Contractor shall furnish all the materials, and perform all of the work in manner
and form as provided by the following enumerated Specifications and Documents, which
are attached hereto and made a part hereof, as if fully contained herein and are entitled
Wilson Park Basketball Court Resurfacing Project, dated May 2004.
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Specifications
Drawings (1 Sheet Enclosed in App. C)
2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful
performance of this Agreement, subject to additions and deductions as provided in the
Specifications or Bid in lawful money of the United States, the amount of: 532,977.
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 90 days after the date when the Contract Time commences to run, as
provided in the Notice to Proceed.
Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the
essence of this Agreement and the City of Fayetteville will suffer financial loss if the
Work is not completed within the times specified in above, plus any extensions thereof
allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving the actual loss suffered by the City of
Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any
such proof, the City of Fayetteville and Contractor agree that as liquidated damages for
delay (but not as a penalty) Contractor shall pay the City of Fayetteville Two Hundred
Dollars ($200.00) for each day that expires after the time specified in Paragraph 3 for
completion and readiness for final payment.
FY012109 Wilson Park Basketball Court Resurfacing Project Section 00500 - 1
• •
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville
shall make partial payments to the Contractor on the basis of a duly certified and
approved estimate of work performed during the preceding calendar month by the
Contractor, LESS the retainage provided in the General Conditions, which is to be
withheld by the City of Fayetteville until all work within a particular part has been
performed strictly in accordance with this Agreement and until such work has been
accepted by the City of Fayetteville.
6. That upon submission by the Contractor of evidence satisfactory to the City of
Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in
connection with the construction of the work have been paid in full, final payment on
account of this Agreement shall be made within 60 days after the completion by the
Contractor of all work covered by this Agreement and the acceptance of such work by the
City of Fayetteville.
7. It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bond hereto attached for its faithful
performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon
such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at his expense, within 5 days
after the receipt of notice from the City of Fayetteville, furnish an additional bond or
bonds in such form and amount and with such Surety or Sureties as shall be satisfactory
to the City of Fayetteville. In such event, no further payment to the Contractor shall be
deemed to be due under this Agreement until such new or additional security for the
faithful performance of the work shall be furnished in manner and form satisfactory to the
City of Fayetteville.
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.
9. This contract will be interpreted and enforced according to the laws of the State of
Arkansas.
10. City contracts and documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the 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.
FY012109 Wilson Park Basketball Court Resurfacing Pr4lect Section 00500 - 2
• •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
first above written, in three (3) counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract.
SEAL:
WITNESSES:
ATTEST:
By CfiZt..-
677 el'. dallioralV
Title
CITY OF FAYETTEVILLE, ARKANSAS
OWNER
&4 .,
......................ST Y Q,c
O A
•
E FAYETTEVILLE: 3
4it •
�'9y RkAN#111SCP ,`
'.'..uuunu"`
Mayo
FY012109 Wilson Park Basketball Court Resurfacing Project Section 00500 - 3
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No. 104-04
wlcontract
Document
•
1
07/01/04
memo to mayor & City Council
2
draft resolution
3
copy of
bid
tabulation
4
copy of PRAB
minutes
5
copy of proposed contract
6
Staff Review Form
7
copy of
purchase requisition
8
memo to Connie Edmonston
9
11/04/04
Staff
Review Form
10
memo to mayor
11
Change Order No. 1
12
copy of proposal
13
memo to David Wright
14
15
16
NOTES.
City Council Meeting of /09
Agenda Item Numbern►hnsur✓
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ParK
CITY COUNCIL AGENDA MEMO
To: Mayor Coody and City Council
Thru: Gary Dumas, Operations Director
From: Connie Edmonston, Parks & Recreation Director
Date: July 1, 2004
Subject: Wilson Park Basketball Court Renovation Project
RECOMMENDATION
Approval of Bid #04-41 and award of contract to Tomlinson Asphalt Company, Inc. for
renovation of the Wilson Park Basketball Court in the amount of $32,977 with a ten
percent project contingency of $3,298, for a total project cost of $36,275.
BACKGROUND
One of the most popular places to play basketball is Wilson Park. The courts are often
full with teams waiting to play on the side. Even though the old courts are in bad
condition, people continue to want to play at Wilson Park. The court surface needs
repaired due to standing water, deterioating surface, and unsatisfactory safety boundaries.
McClelland Engineers are under contract to design, prepare bid documents, and
construction supervision for this project.
DISCUSSION
This project basically consists of patching low areas in the asphalt, overlaying the court,
applying a colored acrylic playing surface, stripping the courts, installing the basketball
goals, and adding an asphalt ramp on the east side to meet ADA regulations. After
consulting with citizens that utilize the basketball court at Wilson, it was concluded that
the court was too long for recreational play. The court was shortened and two additional
goals will be installed on the east side for participants who want to shoot baskets or are
waiting to play a game. This project was limited in scope due to the trees surrounding the
courts on the west and south ends, swimming pool drive way, drainage, and the slope on
the north side. Projected schedule to complete this project is 1 to 2 weeks depending on
the weather.
Bids were opened on June 21, 2004 with only one bid received by Tomlinson Asphalt
Company in the amount of $32,977.
BUDGET IMPACT
This is a CIP project included in the Parks Development Fund. Parks and Recreation
Advisory Board approved additional funding for this project from the Park Land
Dedication Southwest Park District Fund in the amount of $16,190 at the June 30, 2004
Special Meeting.
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO TOMLINSON
ASPHALT COMPANY, INC. IN THE AMOUNT OF $32,977.00
FOR THE RENOVATION OF THE WILSON PARK BASKETBALL
COURT; APPROVING A PROJECT CONTINGENCY IN THE
AMOUNT OF $3,298.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS*
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a contract to Tomlinson Asphalt Company, Inc. in the amount of
$32,977.00 for the renovation of the Wilson Park basketball court.; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a project contingency in the amount of $3,298.00.
ATTE
By
PASSED and APPROVED this 20th day of July 220004
APPROVED:
NDRA/SAITH, ti y Clerk
Y, Mayor
• •
PARKS AND RECREATION ADVISORY BOARD
Special Meeting Minutes
June 30, 2004
Opening:
The special meeting of the Parks and Recreation Advisory Board was
called to order at 5:33 p.m. on June 30, 2004 at Parks and Recreation
Office 1455 Happy Hollow, Fayetteville, Arkansas by Connie Edmonston.
Present:
Parks and Recreation Advisory Board members Mauritson, Marley,
Bailey, Colwell, Eads; City staff Edmonston, Hatfield, Malloy, and Weber
and Audience.
Discussion:
Arkansas Parks and Tourism Outdoor Grant
Edmonston reviewed the requirements of the grant. Last year Parks
and Recreation applied for this grant for the Lake Fayetteville Spillway
Bridge and did not receive funding. The previous year $100,000 was
awarded to Parks and Recreation for the Skate Park Project. The
stipulations of the grant are a park boundary must be determined,
funding for the project must be available, the property must be retained
in perpetuity for outdoor recreation, must hold a public meeting, and
bids and specs must be submitted with the grant application. From the
public meetings Park Staff recommends Braden Park for the grant
project.
Mauritson moved to approve the request to apply for the
Arkansas Parks and Tourism Outdoor Grant 50/50 matching
funds for the development of Braden Park up to $50,000.
Bailey seconded the motion.
The motion was approved 5-0-0 with Bailey, Eads, Marley,
Colwell, and Mauritson voting 'yes' with Pawlik Holmes, Hill, and
Shoulders absent for the vote.
Wilson Park Basketball Court Resurfacing Project
Tomlinson Asphalt Company, Inc. bid this project at $32,977. A 10%
contingency in the amount of $3,298 for the project is needed with a
June 30, 2004 / 1
• •
total cost of $36,275. There is a deficit of $16,190. This project was
originally estimated three years ago at $20,000 The basketball court
has been redesigned to improve the court allowing more goals for
shooting. The basketball court surface will be like Walker Park
Basketball Court.
Mauritson moved to approve $16,190 from the Southwest Park
District -Park Land Dedication Fund for Wilson Park basketball
court renovation project.
Bailey seconded the motion.
The motion was approved 5-0-0 with Bailey, Eads, Marley,
Colwell, and Mauritson voting 'yes' with Pawlik Holmes, Hill, and
Shoulders absent for the vote.
Lake Fayetteville Spillway Bridge
Two bids were received for this project. Sweetser Construction bid
$1,321,760.50 and Mobley bid $877,709.20. The bids were so diverse
because when a bidder is very busy, they bid according to their
workload. The funds for this project were from several funds including
Park Land Dedication Fund, State Grant Funding, and Capital
Improvements The trail will be 12 feet wide and the bridge will have 4
'piers. A study has been conducted to evaluate the soil and limestone.
This project will allow better access for the citizens from one end of the
park to another. The project will begin in August or September. The
Lake Fayetteville Kiosk project is moving forward. This project will tie
into the Lake Fayetteville Spillway Bridge project by using signage and
general trails and parks information.
Mauritson moved to approve the contract for Mobley in the
amount of $877,709.20 for the Lake Fayetteville Spillway Bridge
project.
Colwell seconded the motion.
The motion was approved 5-0-0 with Bailey, Eads, Marley,
Colwell, and Mauritson voting 'yes' with Pawlik Holmes, Hill, and
Shoulders absent for the vote.
June 30, 2004 / 2
• •
Park Land Dedication Funds
Funds in the amount of $140,000 were requested and then approved by
PRAB on May 14, 2004 These funds were verified from the Park Land
Dedication Report which is included in your monthly PRAB Packet. This
report is a month behind due to posting deadlines in our system. Due to
the previous months request for $34,000 from this quadrant for the
Lake Fayetteville Spillway Bridge at the April 5, 2004 PRAB meeting,
these funds had not been posted causing the NE Quadrant to be
overdrawn. Staff would like to decrease the $140,000 requested by
$30,000. The request will change to $110,000 from the NE Quadrant for
the Lake Fayetteville Spillway Bridge.
Marley moved to amend the previous motion from the May 14,
2004 by decreasing the amount of Park Land Dedication Funds
requested from the Northeast Park District from $140,000 to
$110,000.
Mauritson seconded the motion.
The motion was approved 5-0-0 with Bailey, Eads, Marley,
Colwell, and Mauritson voting 'yes' with Pawlik Holmes, Hill, and
Shoulders absent for the vote.
Other Business
Colwell stated there was a Mountain Bike Race held at the North
Pavilion at Veterans Memorial Park. Colwell explained this facility is
ideal for events like these. At Lake Sequoyah there is a great
opportunity for trails that accommodate both walkers and riders.
Adjournment
Meeting was adjourned at 6:10 p.m.
Minutes submitted by: Rachel Weber
June 30, 2004 / 3
• •
DOCUMENT 00500
CONTRACT
THIS AGREEMENT, made and entered into on the day of , 2004, by
and between Tomlinson Asphalt Company, Inc., herein called the Contractor, and the City of
Fayetteville, Arkansas:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of
Fayetteville as follows:
1. That the Contractor shall furnish all the materials, and perform all of the work in manner
and form as provided by the following enumerated Specifications and Documents, which
are attached hereto and made a part hereof, as if fully contained herein and are entitled
Wilson Park Basketball Court Resurfacing Project, dated Mav 2004.
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Specifications
Drawings (1 Sheet Enclosed in App. C)
2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful
performance of this Agreement, subject to additions and deductions as provided in the
Specifications or Bid in lawful money of the United States, the amount of: $32,977.
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 90 days after the date when the Contract Time commences to run, as
provided in the Notice to Proceed.
4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the
essence of this Agreement and the City of Fayetteville will suffer financial loss if the
Work is not completed within the times specified in above, plus any extensions thereof
allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving the actual loss suffered by the City of
Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any
such proof, the City of Fayetteville and Contractor agree that as liquidated damages for
delay (but not as a penalty) Contractor shall pay the City of Fayetteville Two Hundred
Dollars ($200.00) for each day that expires after the time specified in Paragraph 3 for
completion and readiness for final payment.
FY012109 Wilson Park Basketball Court Resurfacing Project Section 00500 - 1
• •
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville
shall make partial payments to the Contractor on the basis of a duly certified and
approved estimate of work performed during the preceding calendar month by the
Contractor, LESS the retainage provided in the General Conditions, which is to be
withheld by the City of Fayetteville until all work within a particular part has been
performed strictly in accordance with this Agreement and until such work has been
accepted by the City of Fayetteville.
6. That upon submission by the Contractor of evidence satisfactory to the City of
Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in
connection with the construction of the work have been paid in full, final payment on
account of this Agreement shall be made within 60 days after the completion by the
Contractor of all work covered by this Agreement and the acceptance of such work by the
City of Fayetteville.
7. It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bond hereto attached for its faithful
performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon
such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at his expense, within 5 days
after the receipt of notice from the City of Fayetteville, furnish an additional bond or
bonds in such form and amount and with such Surety or Sureties as shall be satisfactory
to the City of Fayetteville In such event, no further payment to the Contractor shall be
deemed to be due under this Agreement until such new or additional security for the
faithful performance of the work shall be furnished in manner and form satisfactory to the
City of Fayetteville.
8. 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.
This contract will be interpreted and enforced according to the laws of the State of
Arkansas.
10. City contracts and documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the 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.
FY012109 Wilson Park Basketball Court Resurfacing Project Section 00500 - 2
• •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
first above written, in three (3) counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract.
SEAL:
WITNESSES:
CONTRACTOR
By
Title
CITY OF FAYETTEVILLE, ARKANSAS
ATTEST: OWNER
By
City Clerk Mayor
FY012109 Wilson Park Basketball Court Resurfacing Project Section 00500 - 3
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
STAF VIEW FORM - FINANCIAL OBLIGATI•
For the Fayetteville City Council Meeting of: July 20, 2004
FROM:
Connie Edmonston
Name
Parks & Recreation Operations
Division Department
ACTION REQUIRED: Approval of Bid #04-41 and award of contract to Tomlinson Asphalt Company, Inc. for
renovation of the Wilson Park Basketball Court in the amount of $32,977 with a project contingency amount
$3,298 for a total project cost of $36,275.
COST TO CITY:
$36,275.00 $ 45,070.00 Tennis/Basketball Surface Renov
Category/Project Budget Program Category / Project Name
Cost of this request
2250-9255-5806.00 $ 8,795.00 Park Development
Account Number
Funds Used to Date Program / Project Category Name
00005.1 $ 36,275.00 Park Development
Project Number
BUDGET REVIEW:
Remaining Balance Fund Name
xx Budgeted Item Budget Adjustment Attached
udget Manager
CONTT/GRANT/ISE REVIEW:
if er
A counting Manager
City Attoey
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In rna A for D
Dat1e Purchasing Manager
Date
F RECOMME TION: Approval of contract and bid award
�. 0 _CD V Received in Mayor's Office
ivi9ion Hea� Date I
DepartmeZrt Dire tor
Financed Internal Services Dir.
Chief Administra
ve Officer
Date
Date
;7 -?-U
DateDate
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
7/Date
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Approvals:
Mayor: Department Director. Purchasing Manager.
Finance & Internal Services Director: Budget Manager. IT Manager.
Dispatch Manager: _ UUUUes Manager. Other.
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Requester.
Rachel Weber . - ..•
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City Of Fayetteville
(Not a Purchase Order)
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FAYETTEV ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Connie Edmonston
Parks & Recreation
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 23, 2004
Re: Resolution No. 104-04
The City Council passed a resolution, July 20, 2004, awarding Bid 04-41 to Tomlinson Asphalt to resurface
the basketball court at Wilson Park. 1 have attached a copy of the resolution and two of three originals of
the contract.
The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything
else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
•
AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
STAFFIPVIEW FORM
Cftange Orthr•
jdz. tobac(--oei
- FINANCIAL OBLIGATI.
For the Fayetteville City Council Meeting of:
// ISM/
1/„son h4
nn --
Cst
FROM:
Connie Edmonston
Name
Parks & Recreation
Division
Operations
Department
ACTION REQUIRED: Request of Change Order #1 for the Wilson Park Basketball Court Renovation Project in
the amount of $125.
COST TO CITY:
$125.00
Cost of this request
2250.9255.5806.00
Account Number
00005
Project Number
45,070.00
Category/Project Budget
Tennis/Basketball Surface Renovation
Program Category / Project Name
91,679.00 Parks Development
Funds Used to Date
Program / Project Category Name
3,391.00 Sales Tax
Remaining Balance
Fund Name
BUDGET REVIEW:
xx
Budget Manager
Budgeted Item
Date
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
Date
City Attorney
Internal Auditor
Purchasing Manager
Date
Date
ST F RECOMMENDATION:
1
1
•
Ision Head
Department Director
Finance & Internal Services Dir.
-v /
Date
iffig774
Date
Date
Star H'.o -o
ayor
inistrative Officer Dat
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Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Date
104-04
7/20/2004
•
�ta£f Review Form - Page 2
Description Wilson Park Basketball Court Resurface
•
Meeting Date
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
FAYETTEVILLE
PARKS & RECREATION
• •
MEMORANDUM
Date:
To:
Thru:
From:
November 4, 2004
Dan Coody, Mayor
Gary Dumas, Operations Director
Connie Edmonston, Parks & Recreation Director
Parks and Recreation requests approval of change order #1 in the amount of $125 for the
Wilson Park Basketball Court Renovation Project. There is a project contingency of
$3,298, leaving a balance of $3,173.
The contractor hit a large bank of sand stone rock at very shallow depth on the north side
of the basketball court. The initial plan for a swale was eliminated due to the massive area
of rock which decreased $2,150 from the contract. Therefore, the need to root prune the
oak tree was also deleted with the elimination of the swale at a contract subtraction of
$500.
The original plan was to install the old fence back that separated the basketball court from
the swimming pool/office area driveway and parking lot. After removing the fence for
construction, it was determined the fence was in poor shape and would not be aesthetically
pleasing with the renovation of the court. It would be best to replace the old fencing with
green vinyl coating fence to match the adjacent tennis court fence at a cost of $2,775.
This fence is necessary to catch stray balls from the basketball court from entering the
driveway and parking lot area
Changes made to the contract subtracted $2,650, but the addition of $2,775 creates a
change order needed in the amount of $125. If you have any questions, please call me at
extension 473.
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3472 E-mail:
rohman@cilayetteville.ar.us