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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✓ /?7/t/hl' 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 7 a%? te ItateaD lrg� -7 /, /dN 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 j� 1 a a Approvals: Mayor: Department Director. Purchasing Manager. Finance & Internal Services Director: Budget Manager. IT Manager. Dispatch Manager: _ UUUUes Manager. Other. rzr 0 CO V 0 P a (J N - j Requester. Rachel Weber . - ..• Q a Y O City Of Fayetteville (Not a Purchase Order) Vendor it: Vendor Name: 'J:l"" ; r 3 ...'.;=Tomlinson As•hak Com• an , Inc. w 3. a S I m 3 a S m Resolution # 104-04 Contract No. 888 Wilson Park Basketball Court Resurfacing Protect Per.Bld ' 00.11 O a cc 0 g s s c 3 a 0 co Ed R 32,977.00 c 3 i $0.00 X b X o o 0 $0.00 X 0 e 0 a 0 b ar 00 V a m d 4. io ": O1 .'. (.. an Account Numbers Requesters Employee it: • 2388 • N a k SE V a c o o 3 o a a agi cd, O S a I...wI�,.u,. 406 DMson Head AprM n `a n _ %J _ Taxable Yes:_ X No: ;; I ' O x 0 Z 3 a 0 m 8 c_ g m @ g 8 0 x 8 m s Sm m Fixed Asset 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 eat- /� 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