HomeMy WebLinkAbout210-07 RESOLUTIONRESOLUTION NO. 210-07
A RESOLUTION AWARDING BID #07-74 AND APPROVING A
CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA,
INC. IN THE AMOUNT OF $142,868.85 FOR DEVELOPMENT OF
DAVID LASHLEY PARK; AND APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF $12,210 15.
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 #07-74 and approves a contract with Benchmark Construction
of NWA, Inc in the amount of $142,868.85 for development of David Lashley
Park. A copy of the contract, marked Exhibit "A," is attached hereto and made a
part hereof
Section 2. That the City Council of the City of Fayetteville,
hereby approves a Project Contingency in the amount of $12,210.15.
PASSED and APPROVED this 18th day of December, 2007.
APPROVED.
By:
DAN COODY, Mayor
ATTEST:
By: ael..144.2
6
Arkansas,
�c .GST O; e ce,, • 1\i
• p,
f AYETTEVILLE:
C3 •s�
'J.
;,,;,:,TON%,.
�%%%%%%11111%%
^
SONDRA E. SMITH, City Clerk/Treasurer
Section 00 5213
Agreement
BETWEEN CITY OF FAYETTEVELLE AND CONTRACTOR
THIS AGREEMENT is dated as of the /AA day of.htttm6trin the year 2007 by
and between the City of Fayetteville, Arkansas (hereinafter called CITY OF
FAYETTEVILLE) and Benchmark Construction of NWA 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 a neighborhood park
consisting of a pavilion with picnic tables, play equipment, bike rack, sidewalks,
earthwork, and concrete work for Construction of David Lashley 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 Construction of David Lashley Park shall be substantially
completed within 100 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 B & C of the General Conditions within
125 consecutive calendar days after the date when the Contract Time
commences to run.
Page 1 of 8
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 Toss if the Work is not completed
within the times specified in paragraph 3 1 above, plus and extensions
thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expense and difficulties involved in
proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is
not 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 specked 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 specked in paragraph 3.1 for completion
and readiness for final payment or any proper extension thereof granted
by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF
FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that
expires after the time specified in paragraph 3.1 for completion and
readiness for final payment
Article 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work
in accordance with the Contract Documents and amount in current funds equal to
the sum of the amounts determined from the following Schedule of Values
pursuant to paragraphs 4.1 and 4.2 below:
4.1 For all Work other than Unit Pnce 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.
Page 2 of 8
PAYMENT ITEMS
DESCRIPTION
UNIT
QTY.
UNIT PRICE
BID PRICE
Mobfxation (1)
L.S
1.00
$650.00
$850.00
Construction Staking
L.S
1.00
$350.00
3350.00
Site Preparation including Silt Fence, Tree Protectlon Fence, Concrete
Waste Management and Construction Entrance (3)5)
L.S.
1.00
$4,800.00
$4,800.00
Strip, Stockpile and Replace Topsoil (8)
Acre
1.50
53.120.00
54.680.00
Unclassified Excavation (2)
C.Y.
100.00
58.50
$850.00
Imported Hillside Material compacted in place (10)
C.V.
100.00
$13.00
51,300.00
Turf Type Fescue Blend and Straw (4)
Ape
1.00
$3,120.00
53.120.00
Concrete Sidewalk (4" Thickness) (7)
S.Y.
140.00
545.00
$6,300.00
Concrete Slab for Playground (4" Thickness) complete Si place (7)01)
S.Y.
545.00
538.33
$19,799.85
Rubber Safety Surfacing - Ties complete in place(8)(9)(11)
S.F.
4,900.00
$12.91
383,259.00
Play Equipment Installation - complete in place (8)'
L.S.
1.00
513.000.00
$13,000.00
Concrete Slab for Pavilion (5" Thickness) -complete in pace (7)
S.Y.
40.00
$72.50
$2,900.00
20' pavilion - complete in pace (8)(9)
EA.
1.00
$15,950.00
515,950.00
7' ADA Accessible Picnic Tables - complete in place (8)(9)
EA.
2.00
51.780.00
53,520.00
6' Benches - complete in place (8)(9)
EA.
2.00
$1,110.00
$2,220.00
Bike Rads - complete in pace(8)(9)
EA.
1.00
$170.00
$170.00
'Pay Equipment (Provided by the City of Fayetteville)
TOTAL
BID
AMOUNT
$142,888.85
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 RECREAQTION 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 modrfied in the Supplementary Conditions
Applications for Payment will be processed by PARKS AND RECREATION
DIVISION PRPOJECT MANAGER as provide in the General Conditions.
5.1 Progress Payments CITY OF FAYETTEVILLE shall make progress
payments on account of the Contract Price on the basis of CONTRACTOR'S
Applications for Payment as recommended by PARKS AND RECREATION
DIVISION PROJECT MANAGER, on or abut the 1M day of each month during
construction as provided in paragraphs 5.1.1 and 5.1 2 below and SC -14.02. All
such payments will be measured by the schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in case, less the
aggregate of payments previously made and less such amounts as
PARKS AND RECREATION DIVISION PROJECT MANAGER shall
determine, or CITY OF FAYETTEVILLE may withhold, in accordance with
paragraphs 14.02.8.5 & 14.02.D 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
Page 3 of 8
determined by the PARKS AND RECREATION DIVISION
PROJECT MANAGER, and if the character and progress of the
Work have been satisfactory to CITY OF FAYETTEVILLE and
PARKS AND RECREATION DIVISION PROJECT MANAGER,
CITY OF FAYETTEVILLE, on recommendation of PARKS AND
RECREATION DIVISION PROJECT MANAGER may determine
that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on
account of work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount
equal to 100 percent of the Work completed
100 percent of materials and equipment not incorporated in the
Work but delivered, suitably stored, and accompanied by
documentation satisfactory to CITY OF FAYETTEVILLE as
provided in paragraphs 14.02.6 5 & 14.02.D of the General
Conditions. That is, if any such items are setup for that type
payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase
total payments to CONTRACTOR to 98 percent of the Contract Price (with
the balance of 2 percent being retainage), Tess such amounts as PARKS
AND RECREATION DIVISION PROJECT MANAGER shall determine, or
CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs
14 02.6.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraphs 14.07.B & C of the General Conditions, CITY OF
FAYETTEVILLE shall pay the remainder of the Contract Pnce as recommended
by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in
said paragraphs 14.07.6 & C.
Article 6. CONTRCTOR'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 and the other related data identified in the Bidding Documents
including "technical data.
6.2 CONTRACTOR has visited the site and become familiar with and is
satisfied as to the general, local, and site conditions that may affect cost,
progress, performance, and furnishing of the Work.
Page 4 of 8
6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local Laws ad Regulations that may affect cost, progress, performance, and
furnishing of the Work
6.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the site which have been identified in the Supplementary
Conditions as provided in paragraph 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the
Supplementary Conditions of the extent of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided
in paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawing are not Contract
Documents and may not be complete for CONTRACTOR'S purposes.
CONTRACTOR acknowledges that CITY OF FAYETTEVILLE AND PARKS AND
RECREATION DIVISION PROJECT MANAGER do not assume responsibility for
the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to Underground Facilities at or contiguous to
the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to
the site or otherwise which may affect cost, progress, performance, or furnishing
of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to the employed by CONTRACTOR
and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests,
studies, or data are necessary for the performance and furnishing of the Work at
the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contact Documents.
6.5 CONTRACTOR is aware of the general nature of work to be performed by
CITY OF FAYETTEVILLE and others at the site that relates to the Work as
indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the site, reports and
drawings identified in the Contract Documents, and all additional examinations,
investigations, exploration, tests, studies, and data with the Contract Documents.
6.7 CONTRACTOR has given PARKS AND RECREATION DIVISION
PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Document and
the written resolution thereof by PARKS AND RECREATION DIVISION
Page 5 of 8
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 fumishing 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 1-8, 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 to13, inclusive).
7.7 Specifications consisting of Divisions 1 through 32 as listed in table of contents
thereof.
7.8 One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through ten with each sheet bearing the following
general title: David Lashley Park.
7.9 The following which may be delivered or issued after the Effective Date of the
agreement and are not attached hereto:
7.9.1 Notice to Proceed
7.9.2 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.
Page 6 of 8
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 nghts 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 restnction 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 pnor 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 prescnbed 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.
Page 7of8
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have
signed this Agreement in quadruplicate. One counterpart each has been delivered
to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT
MANAGER, and two counterparts have been delivered to CONTRACTOR. All
portions of the Contract Documents have been signed, initialed, or identified by
CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND
PRECREATION DIVISION PROJECT MANAGER on their behalf.
This Agreement will be effective on l e rn tier !r �0 2007 (which is
the Effective Date of The Agreement).
CITY OF FAYETTEVILLE: CONTRACTOR
B
Mayor
�.G�ERr i ;E:IS..
[CORPORATE SEAL] "c\.•'c\1" of •Gp
v,• c".:.
:233
E ;FAYETTEVILLE;
%ysyq?/CA NS:�
�,,N'
... ON
'.%%%%%
Attest C0
Address for giving notices
By:
[CORPORATE SEAL]
*Attest a$4.7,QtriA
* If a Corporation, attest by the
Secretary.
Address for giving notices
(lq?. AJ Ft r1Mtt 4R•
"Elle Acct, M ?arcs'
(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: authonzing execution of Agreement
(If CONTRACTOR is a corporation, attach evidence of authority to sign.)
Page 8 of 8
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2007
Department: Operations
Division: Parks & Recreation
Program: Parks Development Capital
Date Requested
Adjustment Number
Project or Item Added/Increased:
$87,500 is requested in the Park improvements account
in the David Lashley Park Project to fund the
development of this neighborhood park.
Project or Item Deleted/Reduced:
None. This adjustment is to recognize $20,000 from the
Forestry, Safety and ADA Compliance and $67,500 in the
Greenspace Fees NE revenue account.
Justification of this increase:
Funding will be used to develop David Lashley Park.
ustification of this Decrease:
The Parks and Recreation Advisory Board on May 7, 2007
approved these funds for this project.
Account Name
Park improvements
Park improvements
Increase Expense Budget (Decrease Revenue Budget)
Account Number Amount
2259 9255
4470 9470
Project Number
5806 00 67,500 02013 8
5806 00 20,000 02013 8
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount
Greenspace Fees NE 2250 0925
Park improvements 4470 9470
4419 01 67,500
Project Number
5806 00 20,000 02045 1
Approval Signatures
nalinni-'9t-
rest Date
Budget Manager
Department Director
Finance & Internal Services Director
Mayor
ec„,(
Date
Date
Date
Date
Budget Office Use Only
A B C D E
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
•
•
Carole JoneC j nie Edmonston
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
18 -Dec -07
City Council Meeting Date
Parks and Recreation
Division
Action Required:
ge45
aktalettrn
Nidq-
Operations
Department
A resolution awarding Bid #07-74 and approval of a contract with Benchmark Construction of NWA, Inc. in the
amount of $142,868.85, with a 8.55% project contingency of $12,210.15 for a total project cost of $155,079 for the
development of David Lashley Park.
$155,079
Cost of this request
2250.9255.5806.00
4470.9470.5806.00
Account Number
02013.8
Project Number
Budgeted Item
x
$175,500
$20,000
Category/Project Budget
$40,756
Funds Used to Date
$134,744
$20,000
Remaining Balance
Budget Adjustment Attached
x
Neighborhood Park Development
Forestry Safety and ADA
Program Category / Project Name
Park Improvements
Program / Project Category Name
Parks Development
Fund Name
City Attorn
Finance and Internal Service Director
Mayor
(\7767
Date
12-3 a7
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
1
•
•
City Council Meeting of December 18, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks at)Il Rgcreation Director
From: Carole Jones, Park Planner
Date: November 27, 2007
RE: Construction of David Lashle+; Park
RECOMMENDATION
A resolutton awarding Bid #07-74 and approval of a contract with Benchmark
Construction of NWA, Inc. in the amount of $142,868.85, with a 8.55% project
contingency of $12,210.15 for a total project cost of $155,079 for the development of
Phase I of David Lashley Park.
BACKGROUND
David Lashley Park contains 4.58 acres and is located at 4640 North Copper Creek Drive
in the Copper Creek Subdivision. The park land is situated in the northeast quadrant of
town east of Crossover Road (Arkansas Highway 265) and north of East Zion Road. The
park serves residents within a 1/2 -mile radius Two public meeting were conducted to
involve the neighborhood and assess the community's needs and desires for amenities
within the park. Based on the findings, a park master plan that included playground
equipment, pavilion, bicycle rack, ptcnic tables, benches, sidewalks, walking trails and
tree plantings was designed by Park Staff and presented to the neighborhood. The plan
was approved by the neighborhood on April 9, 2007.
On May 7, 2007, the Parks and Recreation Advisory Board approved the master plan and
funding to the amount of $67,500 from the Northeast Park District. The Parks and
Recreation Advisory Board also agreed that the remaining funding would be provided
from the Northeast Park District as well as $20,000 from the Forestry, Safety and ADA
Project.
The development of the park was also approved in the 2007 Capital Improvement Plan.
Because of the associated cost, the development of this park was phased. Phase I includes
the construction and installation of playground equipment for children ages 2-5 years and
5-12 years, a pavilion with two picnic tables, a bicycle rack, and associated sidewalks.
The Parks and Recreation Division has already obtained the playground equipment which
was purchased at 50% of the retail price by the City through a Game Time Fighting
Obesity Through Play Grant (Ordinance No. 4951 — formerly referred to as Copper Creek
Park).
Page 1 of 2
City Council Meeting of December 18, 2007
Agenda Item Number
DISCUSSION
The project was advertised on October 25 and November 1, and bids were opened on
November 15, 2007. Four vendors including Benchmark Construction of NWA, Inc.,
Arkoma Playgrounds & Supply, Midland Construction and Decor Solutions submitted
bids. Benchmark Construction of NWA, Inc. was the low bid in the amount of
$142,868.85. If approved, the construction of the project will begin in January 2008 and
will be completed in May 2008.
BUDGET IMPACT
This project is funded with Park Land Dedication Funds from the Northeast Park District
($135,079) and the Forestry, Safety and ADA Project ($20,000). Total project cost
including an 8.55 % contingency is $155,079. The annual maintenance cost for the
developed portion of park (2.0 acres) is anticipated to be $4,030, and the annual
maintenance cost for the undeveloped portion of park (2.58 acres) is anticipated to be
$535. This is a total anticipated annual maintenance cost of $4,565 for 4.58 total acres.
Attachments:
PRAB Minutes May 7, 2007
Ordinance No. 4951 (formerly referred to as Copper Creek Park)
David Lashley Park (formerly Copper Creek) Master Plan
Bid Tabulation Sheet
Contract Signed by Contractor
Budget Adjustment
Purchase Requisition
Page 2 of 2
• FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
•
Meeting Minutes May 7, 2007
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Chairman Wade Colwell at 5:33 P.M. on May 7, 2007 in Room 326 of the City
Administration Building located at 113 West Mountain, Fayetteville, Arkansas.
Present:
Parks and Recreation Advisory Board members Colwell, Biendara, Hatfield, Davis,
Burke, and Bitler were present; Davidson and Mauntson were absent. Park Staff
Edmonston, Coles, Curry, Jumper, Thomas, Wright, Trail Coordinator Mihalevich and
audience were in attendance.
1. Approval of April 2nd, 2007 PRAB Meeting Minutes
PRAB Motion: Davis moved to approve as written, and Bitler seconded the
motion. Motion passed by voice vote of six approvals.
1A. Jim House, State House Representative, was a special attendee. He
announced that Act 818 passed. Act 818 prohibits sexual offenders from living
within 2000 feet from any City or State owned parks and youth centers. It goes
into effect approximately July 31, 2007.
2. Lake Fayetteville Environmental Study Center Fishing Pier Request:
Kevin Bennoch, Lake Fayetteville Environmental Study Center Science
Teacher
Fayetteville and Springdale Public Schools are requesting to replace the
observation / fishing pier by the Lake Fayetteville Environmental Study Center.
The University of Arkansas Landscape Architecture class has consented to design
and build the pier. Because this pier is used by the school system, as well as the
public, Parks and Recreation Staff is requesting approval for the City of
Fayetteville to commit to this project as well.
Beimoch says Fayetteville Public Schools wants to get nd of the pier, or replace
it, because it is a safety hazard. He took an idea to Edmonston because the public
uses it. Bennoch said Springdale and Fayetteville Public School Systems have
pledged $7,000 each to help replace the pier. The University of Arkansas will
supply the design and construction labor. Bennoch is asking the Parks Recreation
Division of the City of Fayetteville to match the $7,000 pledge. December 1, 2007
is the estimated project completion date.
• Davis asked if the project was not completed by the students, if the City was
prepared to complete it. Coles answered that they were prepared to do so.
•
•
PRAB Motion: Davis moved to approve the pledge. Biendara seconded the
motion. Motion passed by voice vote of 6-0-0. Davidson and Mauritson were
absent.
3. Copper Creek Park Master Plan Approval: Kay Curry, Park Planner
Copper Creek Park land is located at 4640 North Copper Creek Drive and is
adjacent to East Zion Road Two public meetings were held for the development
of this park on October 30, 2006 and April 9, 2007. At the first meeting, Parks
and Recreation Staff discussed the neighborhood's desires for the future
development of the park. From the information provided at this meeting, a master
plan was designed incorporating the requested amemties. A second meetmg was
hosted on-site to present the plan to the neighborhood At this meeting the master
plan was approved by the neighbors with the following minor modifications:
a) Picnic tables to be shifted away from the fence and clustered more to the center
of their general location.
b) The park bench located near the northern property line moved out from the
fence.
The Master Plan includes a playground, pavilion, bike rack, benches, walking
trail and a sidewalk connecting several of the amemties. The plan also calls for a
park sign to be installed and for many trees throughout the park. However, the
budget does not allow for all of the requested amenities. Based on pnorities
provided by the neighbors, Phase 1 will include a playground, pavilion and
sidewalks. Other amenities will be installed if funds become available.
Neighbors have expressed a desire to utilize private funds and donations for the
installation of trees.
Scott Hancock, a resident on Copper Creek Drive said that the neighborhood is
committed to find funds for trees. He said that he and Curry had discussed the park,
and that the Parks staff is a pleasure to work with. He is concerned about the
walkway, and would like to move it approximately 100 feet south of the proposed
location so it will not block driveways.
Colwell was concerned about costs if walkway was moved. Davis was also
concerned about cost if there is a change in plans.
Curry explained if we moved the sidewalk 100' over, there would be an additional
sidewalk cost to commit to. She estimated it would be around $1,500.
• Hatfield suggested that Curry work with Transportation for a couple of "No Parking"
signs.
• Davis also liked the idea of the "No Parking" signs.
•
•
Biendara would like Curry to work up another drawing and present again.
Hancock said if cost was the issue that he and the neighbors would commit to the
$1,500 to move the walkway.
Biendara said cost was not the issue, but the location of the walkway was.
Davis said he would like the committee to approve, and allow the neighborhood and
Staff work out the walkway issue.
Biendara said she wanted to vote for the master plan.
PRAB Motion: Colwell made a motion to approve the master plan and work on
the issue with walkway. Hatfield seconded the motion. Motion passed 6-0-0.
Davidson and Mauritson were absent.
Copper Creek Park Land Naming Recommendation:
Please see attached document regarding David Lashley.
PRAB Motion: In accordance to the Naming of Park Facilities Policy, Park
names are tabled until the next PRAB Meeting allowing for public input. Colwell
motioned to table. Davis seconded it. Motion passed 6-0-0. Davidson and
Mauritson were absent.
4. Park Land Dedication Funding Request: Connie Edmonston, Parks &
Recreation Director
Park Staff is requesting funding in the amount of $67,500 from the Northeast Park
District to assist in funding the park in the Copper Creek subdivision. Total cost
of Phase I is $197,677. The remaining deficit would be from the Northeast Park
District as well as $20,000 from the Forestry, Safety and ADA Project.
PRAB Motion: Burke motioned to approve. Davis seconded it. Motion passed 6-
0-0. Davidson and Mauritson were absent.
5. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Alison Jumper, Park Planner
Holcomb Heights Ph. II
Appian Center for Design
Broyles Investments
West of Salem Road, North of Salem Park
NW
36 single family units
5 77 acres
.86 acres
RESOLUTION NO.
A RESOLUTION AWARDING BID #07-74 AND APPROVING A
CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA,
INC. IN THE AMOUNT OF $142,868.85 FOR DEVELOPMENT OF
DAVID LASHLEY PARK; AND APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF $12,210.15.
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 #07-74 and approves a contract with Benchmark Construction
of NWA, Inc in the amount of $142,868.85 for development of David Lashley
Park A copy of the contract, marked Exhibit "A," is attached hereto and made a
part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Project Contingency in the amount of $12,210.15.
PASSED and APPROVED this 18th day of December, 2007.
APPROVED: ATTEST -
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
Section 00 5213
Agreement
BETWEEN CITY OF FAYETTEVELLE AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2007 by
and between the City of Fayetteville, Arkansas (hereinafter called CITY OF
FAYETTEVILLE) and Benchmark Construction of NWA. 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 a neighborhood park
consisting of a pavilion with picnic tables, play equipment, bike rack, sidewalks,
earthwork, and concrete work for Construction of David Lashley 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 Construction of David Lashley Park shall be substantially
completed within 100 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 14.07.8 & C of the General Conditions within
125 consecutive calendar days after the date when the Contract Time
commences to run.
Page 1 of 8
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 Toss if the Work is not completed
within the times specified in paragraph 3.1 above, plus and extensions
thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expense and difficulties involved in
proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is
not completed on time. Accordingly, instead of requiring any such proof,
CITY OF FAYETTEVILLE and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay CITY
OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day
that expires after the time specified in paragraph 3 1 for Substantial
Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 3.1 for completion
and readiness for final payment or any proper extension thereof granted
by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF
FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that
expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work
in accordance with the Contract Documents and amount in current funds equal to
the sum of the amounts determined from the following Schedule of Values
pursuant to paragraphs 4.1 and 4.2 below:
4.1 For all Work other than Unit Price Work, an amount equal to the sum
of the established lump sums for each separately identified item of Lump
Sum Work; and
4.2 For all Unit Price Work, an amount equal to the sum of the established
unit price for each separately identified item of Unit Pnce Work times the
estimated quantity of that item as indicated in this paragraph 4.2.
Page2of8
•
PAYMENT ITEMS
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 RECREAQTION DIVISION PROJECT
MANAGER as provided in paragraph 9 08 of the General Conditions. Unit prices
have been computed as provided in paragraph 11.03.B of the General
Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions or as modified in the Supplementary Conditions.
Applications for Payment will be processed by PARKS AND RECREATION
DIVISION PRPOJECT MANAGER as provide in the General Conditions.
5.1 Progress Payments CITY OF FAYETTEVILLE shall make progress
payments on account of the Contract Price on the basis of CONTRACTOR'S
Applications for Payment as recommended by PARKS AND RECREATION
DIVISION PROJECT MANAGER, on or abut the 1d day of each month during
construction as provided in paragraphs 5.1.1 and 5.1 2 below and SC -14.02. All
such payments will be measured by the schedule of values, as provided in the
General Requirements.
5.1.1. Pnor 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 Tess 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.D 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
Page3of8
albs
•. UNIL
:. t]n :.�,
,<.--..urrr f1RICE
:;:- BID -PRICE
'! 1. 31
L, LS
1.00
.00
• 11
kr
1.00
..00
' 0.00
1.00
i:1 111
:11 11
•
tii� aE.^a?vlrri c^ t as�Tti
1.50
1.00
:
tib
100.00
d!.__.11_ .._.tLL•
1 11.00
". •"y. h •.;_
10
CY.�
100.00
n'n7
i:.i:•.IL :.
1��.'�
( 111.000
0
��i� �•• �•
fli
�i1'1•
1.00
C 1 11
LL'..1&11':l l-.���1"..•-.1141'
...^^.13GWi:::L_')i0
S.Y.
140.00
00
_
19 799.85
-.. for - ' 4Th • • . In ' ... 0.11
In
545.00
Mir
:.1.•.... j; r _
. 1r•
- ..:
S.F.
4 900.00
inliErn
.3 59.00
.L
1 111.00
lu'L7PL •.u.;u�.L:11."_• •dL".: n :_u
8lIa
1.00likJl_P1is9
. •.1 1,1
tr=" :r7fC . AlL..,c: ?.. _ILL:_._..a .I(iallM
S.Y.
40.00Millirgrn
'r1.00
IMINIMIMMTMET
.J .. jf'....itiF t 0 1
EA.
1.00
1
Lk.
sr .----- �73f'_""IIS •'uT.:�.7T.'�7ri.t)f♦
EA.
2.00
1..111
0. 1
11.00
1r1,�ILi.r4r:.::'1�'
=.L^Ll II:' IL'._..1.i-1OV)
EA.
2.00
IIMETIC
It
89{! .. _ YI •.:.y.'
EA.
.1
1 1.00
170.11
_•r,. .�•
11f-•7•.Ii.Li6L-^...'•"•. 138.4 T.1 .-71.1-J
TOT---
$1
1188.86
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 RECREAQTION DIVISION PROJECT
MANAGER as provided in paragraph 9 08 of the General Conditions. Unit prices
have been computed as provided in paragraph 11.03.B of the General
Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions or as modified in the Supplementary Conditions.
Applications for Payment will be processed by PARKS AND RECREATION
DIVISION PRPOJECT MANAGER as provide in the General Conditions.
5.1 Progress Payments CITY OF FAYETTEVILLE shall make progress
payments on account of the Contract Price on the basis of CONTRACTOR'S
Applications for Payment as recommended by PARKS AND RECREATION
DIVISION PROJECT MANAGER, on or abut the 1d day of each month during
construction as provided in paragraphs 5.1.1 and 5.1 2 below and SC -14.02. All
such payments will be measured by the schedule of values, as provided in the
General Requirements.
5.1.1. Pnor 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 Tess 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.D 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
Page3of8