Loading...
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 determined by the PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION 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. 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 Price as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in said paragraphs 14.07.B & 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. 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 PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE AND CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1-8, 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 Noticeto 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 rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6 Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DMSION 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 _ the Effective Date of The Agreement). CITY OF FAYETTEVILLE: By: Mayor [CORPORATE SEAL] Attest Address for giving notices 2007 (which is CONTRACTOR • �/ - ,ilia !..a / F [CORPORATE SEAL] • If a Corporation, attest by the Secretary. Address for giving notices I tq A rr,- yaE) AA 12705 (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Budget Year Operations Ihoe Requested AdJueiwest N : Parks & tion ry t' r j v. 2007Program Parks Development Capital - a I f - v ip •y .- "'f'15da •♦•', •0i'f+,-k ;..r n„r.;^.. $87,500 is requested in the Park Improvements a000urd• Nof. Th$ tas _ the In the David Lashley Park Project to fund the r' x and Goartpiianoe the development of this neighborhood perk y Fees NE revenue account r 'Y fn'. N.♦1`., v y�l}al 4�✓q'�wl� R f 1 -� ♦. +l i T>F £- + rv"r, rv. Aafik}+i✓,i.5v > — n . ..r �j' '_-__ _ a Jue adXofdsslncreae: " •}iY���!15{: 4' 5 _- ay,�� .+rte^`T�. FlSlrtg vial be used to develop David t ashiey Perk. �Afl1� and RecrSort' Bred these funds for tfiis 1 Y ♦ .. n♦- r _ ..: _1 nV1r 5 4( { 1r t t ,^ ri ika-. svTi by - ` J�fj ... jf��ppyyy n wF�"T .a. Ywsc•1 .♦v � i' ili'^ T i4 — --- Agco mt Name _ _ _ S000 i " ffzo a r r '- " 'i --F' i a -tip}. y,•1 k; R .♦i._i ity i J ny }SvR :. 5'r5f f? •h 1 i i y -.t 9.v a : r5 .. • ♦ - _ R4 1' of x ' 1 r+ 2 e %♦ r rvµ _ S ' • .a. .I �#w' �rw�:D�j, t� ae Y.t/ t 4 : ,�1T0 :e -X -y%" H ' : f", r. a v : Amount N f.t e . ♦. 11mGBtitx 'ItaYZi - h eg.r r. r a♦ r L T:'a.!-i_.-�._.t,. - 1 - • it J rh ♦ Ir - •ra �ry rv��� i 01 r iwr ". ^h.. ( �J/� T • S *c.a t3ri Yf Ge y. y1 5 F•a � y 5 .��.\4l{ ♦ 5, I e T • i t '" l Fie i �. -i, " ..f b '-'1 D 5 l {Y'/ a �5' t iw Y tfb••. ` Yy SA r c't ,: I 1 }"i rvV 1IJY :.. Yj.�- � Y �' 5 - I ' j ii �� rTk^,�G Y aC Y �. . 5 I a • Y ,i f-. bs9# r:r 4n1r1 qr +f iCtf Vl � I Mn � ♦ � � ♦ a n a 1 .. .,Yd-•���,y A it r i'1 'a :. " TtrY:+ t'MT✓. {F^# "5y_ yr , TI r } iL .aV R_" i" <a., ♦rte >+" Cr tY a.9 Initial ...4U Rawl IxAU(?i.1;.`, 4.:: t Jr . Ffl ----:-v OJ n ;D r 0 m L O m V W N A w N • a 0 N J 0 0 O C• ? O o a m y o % 0 M ' Q : y # _ m J m n J. J O J (D a Co O • (O 3 C y • m n O 0 0 2 C a 'o 0 a O N y b y Q CO n r w n a = O # s O n i 'Cw w -J O A 9 W # Wo ^ N c m =. v o m Z ^ m $ m F D n a gr ^ O ma, C (_)m CD y C C m O = C N2 b m ry a O ci J "fl d d - 3 o o 03 q °a o m m 0 <_ m n 0 M N M N % m 0 n N N N N N N N N H O O C. CD O O O O O O O O O p m O O o O o O O O O o O m a O O O O O O O O O o m w N O O • p 0 J O O a C V O 0 D A P N N D n C o n V N O O PO O N N C CD a N - m Co O N Zorn ? N N C W 3 p 3 a 0o o ry V n N m O C N C 5% �m0mw O CD % o O N G. m%• • L W J O N y0 .. w m_ Co o 2 X m 3 m m c Q J Co J O OO 1 O N N O O ♦ D O W W V N 6 O CD W O .O # 0 Z O -so - m c %rm H O N m J p m N m O O I m m N a a D O 6a m #I y N N a m m C n T m z I,0 o 0 z Q J a J Q F a w V Z 0 V w w U V LU w C- C.. 0 V .■ . . ■ ■ 8 il ■!,■■ 90§§§ n,.__.!■,.■�, |& e | |[/®�°!|■ .81 2 8.8 ..■ : `]�t .0 .■■ |■ ` ■ !- k ..�..■ a. \ ■ { |`. .■®a � ! i . a 4. . . § R. _ �kl il |/ i 2.1$ c0k k §�! ' |. 8■ ■■.9■. ■.4 .■ § ■.:. �■ ,-_ !' ` 7 a�J§ k .■ a• 1 we .-ee ..���;§ ■�w� ,.■ ; | § t way ©x' a ■ ®| ) / | \ ! � ` \� | | |`,\) EI 1� UI | , \ / j/. L a . . �_ ORDINANCE NO. 4951 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FROM GAME TIME BY SOUTHWEST PARKS & PLAYGROUNDS, L.P. IN THE AMOUNT OF $85,161.00 FOR HARMONY POINTE AND COPPER CREEK PARKS. WHEREAS, GameTime by SouthWest Parks & Playgrounds, L.P. has approved the Parks & Recreation Division for a Fight Obesity Through Play Grant, in the form of a fifty percent (50 %) price reduction for playground equipment; and, vtr WHEREAS, the normal competitive bidding process would not allow the City to realize the savings of $72,299.00 to equip playgrounds at two new parks, and is therefore deemed unworkable, impractical and not feasible in this instance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section . That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and therefore waives the requirements of formal competitive bidding for the purchase of playground equipment from GameTime by SouthWest Parks & Playgrounds, L.P. in the amount of $85,161.00 for Harmony Pointe and Copper Creek Parks. 1nl,rrrb,,,,. FgWTRQPP.o PASSED and APPROVED this 21" day of November, 2005. �`A`: c Op'. eV. APPROVED: ATTEST: 'c *,FAYEiTEVILLE; -- By: City Clerk DAN COODY, Mayor SONDRA SMITH, (11/29/2007) Sondra Smith - Re: Bid No. 07-74, Construction of David Lashley Park Page 1 From: Carole ]ones To: Smith, Sondra Date: 11/29/2007 11:01 AM Suter Re: Bid No. 07-74, Construction of David Lashley Park F _ _ >>> Sondra Smith 11/29/07 10.58 AM >>> Thanks Carole! Sondra E. Smith, CAMC CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ci.fayetteville.ar.us 11 • • 1 • .• •. • • �: . . . • - - u 0-. • i (11/29/2007) Sondra Smith -Bid No. 07-74, Construction of David Lashley Park Page 1 From: Carole Jones To: Smith, Sondra Date: 11/29/2007 8:59 AM Subject: Bid No. 07-74, Construction of David Lashley Park Attachments: Signed Contract 11-27-07.pdf Morning, Sondra. Please find attached a copy of the agreement, signed by Benchmark Construction for Bid No. 07-74, Construction of David Lashley Park. This agreement replaces the agreement that was included in my council agenda package. I will get the original agreement to you when I receive it. Please feel free to contact me if you have any questions. Thanks, Ms. Carole Jones, P.E. Park Planner Fayetteville Parks & Recreation 113 West Mountain Street Fayetteville, AR 72701 Phone (479) 444-3472 Fax (479) 521-7714 (1 1.29.07) Clarice Pearman - Re: Bid No. 07-74, Construction of David Lashley Park Page 1 From: Sondra Smith To: Jones, Carole Date: 11.29.07 1:10 PM Subject: Re: Bid No. 07-74, Construction of David Lashley Park CC: Pearman, Clarice That's okay. Just get us the correct one as soon as you can. Have a great day! >>> Carole Jones 11/29/2007 11:01 AM >>> Sondra - There will actually be another contract. I goofed up on the original and forgot to insert the dollar amount (that's why it was replaced). But the second one that Purchasing used didn't have all the contract requirements in it. So....I am working on correcting that. I will get the contractor to sign it and get it to you. Sorry for all the confusion! Thanks, Carole >>> Sondra Smith 11/29/07 10:58 AM >>> Thanks Carole! Sondra E. Smith, CAMC CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith at.favetteville.ar.us >>> Carole Jones 11/29/2007 8:59 AM >>> Morning, Sondra. Please find attached a copy of the agreement, signed by Benchmark Construction for Bid No. 07-74, Construction of David Lashley Park. This agreement replaces the agreement that was Included in my council agenda package. I will get the original agreement to you when I receive it. Please feel free to contact me if you have any questions. Thanks, Ms. Carole Jones, P.E. Park Planner Fayetteville Parks & Recreation 113 West Mountain Street Fayetteville, AR 72701 Phone (479) 444-3472 Fax (479) 521-7714 (11/3 /12007) Sondra Smith - Re: Bid No. 07-74, Construction of David Lashley Park Page 1 From: Carole Jones To: Smith, Sondra CC: Foren, Andrea; Pearman, Clarice Date: 11/30/2007 8:46 AM Subject: Re: Bid No. 07-74, Construction of David Lashley Park Attachments: Benchmark Signed Agreement Bid No. 07-74.pdf Ok - Here is the real signed contract from Benchmark for David Lashley Park. Sorry for all the confusion. Lisa Branson has the three signed originals. Please feel free to contact me if there are questions. Thank you for all of your help. -Carole >>> Sondra Smith 11/29/07 1:09 PM >>> That's okay. Just get us the correct one as soon as you can. Have a great day! >>> Carole Jones 11/29/2007 11:01 AM >>> Sondra - There will actually be another contract. I goofed up on the original and forgot to insert the dollar amount (that's why it was replaced). But the second one that Purchasing used didn't have all the contract requirements in it. So....I am working on correcting that. I will get the contractor to sign it and get it to you. Sorry for all the confusion! Thanks, Carole >>> Sondra Smith 11/29/07 10:58 AM >>> Thanks Carole! Sondra E. Smith, CAMC CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssm ith (aci.fayetteville. a r. us >>> Carole Jones 11/29/2007 8:59 AM >>> Morning, Sondra. Please find attached a copy of the agreement, signed by Benchmark Construction for Bid No. 07-74, Construction of David Lashley Park. This agreement replaces the agreement that was included in my council agenda package. I will get the original agreement to you when I receive it. Please feel free to contact me if you have any questions. Thanks, Ms. Carole Jones, P.E. Park Planner Fayetteville Parks & Recreation 113 West Mountain Street Fayetteville, AR 72701 Phone (479) 444-3472 Fax (479) 521-7714 12.21.07 larice earman - Res. 210-07 Page From: Clarice Pearman To: Edmonston, Connie; Jones, Carole Date: 12.21.07 2:38 PM Subject: Res. 210-07 Attachments: 210-07 Benchmark Construction of NWA Inc.pdf CC: Audit Attached is a copy of the above resolution approved by City Council, December 18, 2007. I will forward two of three original agreements and forward to Budget & Research the original budget adjustment. Have a happy holiday. Thanks. Clarke 12.21.07 Clarice Pearman - Fwd: Res. 210-07 Pa e 1 From: Clarice Pearman To: Fell, Barbara Date: 12.21.07 3:22 PM Subject: Fwd: Res. 210-07 Attachments: 210-07 Benchmark Construction of NWA Inc.pdf Sorry Barbara I didn't cc you for this item >>> Clarice Pearman 12.21.07 2:38 PM >>> Attached is a copy of the above resolution approved by city Council, December 18, 2007. I will forward two of three original agreements and forward to Budget & Research the original budget adjustment. Have a happy holiday. Thanks. Clarice ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY) MARIN-1 12 21 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown -Hiller -Clark & Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5500 Euper Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 3529 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Smith AR 72913-3529 Phone:479-452-4000 Fax:479-484-5185 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance cocpnny 10677 INSURER B: America First Insurance Co. 12696 Benchmark Construction Company of NWA, Inc. 1142 North Futrell Drive Fayetteville AR 72703-1101 INSURER C: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR D NSRD TYPE OF INSURANCE POLICY NUMBER Y EFFECTIVE DATE MMIDD/YY POLICY DATE MM/DOIW LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 A COMMERCIAL GENERAL LIABILITY CPP0877759 11/01/07 11/01/08 X PREMISE (Eaocwrence) $500,000 CLAIMS MADE IxOCCUR MED EXP (Any one person) $ l 0 , 0 00 X PERSONAL&ADV INJURY $1,000,000 250 PD ded GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECOT I LOC A AUTOMOBILE LIABILITY ANY AUTO CPA0877759 11/01/07 11/01/08 COMBINED SINGLE LIMIT (Eaaccident) X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON.OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ 1, 000, 000 A X OCCUR CLAIMSMADE CPP0877759 11/01/07 11/01/08 AGGREGATE $ 1, 000, 000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND ITORY LIMITS P ER B EMPLOYERS'LIABILITY ANY PROPRIETOR RIEXECUTIVE WC1841162 11/01/07 11/01/08 E.L. EACH ACCIDENT $500000 OFFICER/MEMBER EXCLUDED? EXCLUDED? EL DISEASE - EA EMPLOYEE $500000 If yes. deAL PRO ISIO SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT $500000 OTHER B Builders Risk IM8356852 11/01/07 11/01/08 Limit 3,500,000 Ded 1,000 DESCRIPTION OF OPERATIONS! LOCATIONS/VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS RE: Construction of David Lashley Park CERTIFICATE HOLDER CANCELLATION CITY -12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Fayetteville 113 W. Mountain REPRESENTATIVES. AUTH DREPRESENT TIVE Fayetteville AR 72707 ACORD 25(2001/08) IVW-✓' -_�_ u ACOHD CUKPOKA I IUN IU55 t. WESTFIELD INSURANCE COMPANY Westfield Center, Ohio 44251-5001 Bond No. 0046683 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 1142 North Futrall Drive Fayetteville, AR 72703-1101 OWNER (Name and Address): City of Fayetteville 113 W. Mountain Fayetteville, Arkansas SURETY (Name and Principal Place of Business): WESTFIELD INSURANCE COMPANY PO Box 5001 Westfield Center, OH 44251-5001 CONSTRUCTION CONTRACT Date: /A lly f1b> Amount: One Hundred Forty-two Thousand Eight Hundred Sixty-eight and 85/100 --Dollars ($142,868.85) Description (Name and Location): Construction of David Lashley Park, Fayetteville, Arkansas BOND / / Date (Not earlier than Construction Contract Date): /a/f( t7 Amount: One Hundred Forty-two Thousand Eight Hundre Sixty-eight and 85/100 --Dollars ($142,868.85) Modifications to this Bond: (Z None I] See Page 3 CONTRACTOR AS PRINCIPAL Y Com an Benchmark Construction of NWA, Inc. Company: _ - _ (Corporate Seal) _ M I/ Signature: • 7C Name and Title: Stephen Smith, President (Any additional signatures appear on page 3) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: Brown -Hiller -Clark & Associates P.O. Box 3529 Fort Smith, Arkansas 72903 SURETY Company: WESTFIELD INSURANCE COMPANY (Corporate Seal) Signature: Name and Itle' co t R. C r c, Attomey-in-Fact Owner's Representative (Architect, Engineer or other party): City of Fayetteville Parks and Recreation Division 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. a AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 28006 • A312-1984 I THIRD PRINTING • MARCH 1987 BD 5971 (07-2003) ri 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. PIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20D06 • A312-1984 THIRD PRINTING • MARCH 1987 BD 5971 (07-2003) 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company (Corporate Seal) Signature: Name and Title: Address AIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE., N.W., WASHINGTON. D.C. 20006• A312-1984 THIRD PRINTING • MARCH 1987 BD 5971 (07-2003) POWER NO. 0320052 04 General Power - Westfield Insurance Co. of attorney. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies; duly organized and existing under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint - SAM B. HILLER, LARRY R. CLARK, THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, SHANNON C. SCHMIDLY, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship----- ------------------------- ------- -- ---------------------- • . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the saute extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises: Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Setretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -In -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other,conditlonal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's llability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' (Eadt adopted at a meeting held on February 8, 2000). - 1 - 1 - In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER A.D., 2003. Corporate yLRA "'s ,,,,jtONAtcy''•,, Seals\f..--...C�„ "�S•... •..SL State of OhloIII lit County of Medina ss.: ••^"�p'"�"N," WESTFIELD INSURANCE COMPANY WESTFIELD I OHIO FARMERS NSNAL RURANCECANCE COMPANY COMPANY -„ rv7C1 _�: 1a48 ; Y Richard L Kinnaird, Jr., Senior Executive On this 29th day of SEPTEMBER A.D., 2003 , before me personally came Richard L Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ",,...NINNN„„ L • Affixed .CP�'`Al`YF'i . William J. Kahelin, A rney at Law, Notary Public State of Ohio = NO My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: : qat, I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still Infull force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are In full force and effect. in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of - (q j :'•ter -s -•.-v : ,, •c• T.�j y,.�, J /' yV: IiOi. .1��•i •y�• T�. .'Z' ��p��ryy��••�(b� /. ,I����*��/WJ.�F t'* a7.C's.Fi.L iv -t-: SL' AL: : u 3dt:. :_ • Lfln}tea,• ;=o :,x.,11848: John T. H. Batchelder, Secretary • *ue„ ,""I,,,,\,•1.\•1•• '•,N,NIIIIIY,M"• •IIIJ•. ry..1•W.n.a WESTFIELD INSURANCE COMPANY Westfield Center, Ohio 44251-5001 Bond No.0046683 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. a CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 1142 North Futrall Drive Fayetteville, AR 72703-1101 OWNER (Name and Address): City of Fayetteville 113 W. Mountain SURETY (Name and Principal Place of Business): WESTFIELD INSURANCE COMPANY PO Box 5001 Westfield Center, OH 44251-5001 Fayetteville, Arkansas CONSTRUCTION CONTRACT Date: �d�lg�s7 Amount: One Hundred Forty-two Thousand Eight Hundred Sixty-eight and 85/100 --Dollars ($142,868.85) Description (Name and Location): Construction of David Lashley Park, Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): fa(/$ja7 Amount: One Hundred Forty-two Thousand Eight Hundred Sixty-eight and 85/100 --Dollars ($142,868.85) Modifications to this Bond: a) None © See Page 6 CONTRACTOR AS PRINCIPAL Company: Benchmark Construction of NWA, Inc. (Corporate Seal) Signature: Name and Title: Stephen Smith, President (Any additional signatures appear on page 6) (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: Brown -Hiller -Clark & Associates P.O. Box 3529 Fort Smith, Arkansas 72903 SURETY Company: WESTFIELD INSURANCE COMPANY (Corporate Seal) Signature Name a d Ti tort R. Clark. Attomev-in-Fact Owner's Representative (Architect, Engineer or other party): City of Fayetteville Parks and Recreation Division 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 AIA DOCUMENT 4312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • NA® PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1/35 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • A312.1984 BD 5971 (07-2003) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1884 ED. • AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20008 • A312-1984 BD 5971 (07-2003) shall be deemed deleted herefrom and provisions or rental equipment used in the Construction Contract, conforming to such statutory or other legal requirement architectural and engineering services required for shall be deemed incorporated herein. The intent is that this performance of the work of the Contractor and the Bond shall be construed as a statutory bond and not as a Contractor's subcontractors, and all other items for common law bond. which a mechanic's lien may be asserted in the 14 Upon request by any person or entity appearing to be jurisdiction where the labor, materials or equipment a potential beneficiary of this Bond, the Contractor shall were furnished. promptly furnish a copy of this Bond or shall permit a copy 15.2 Construction Contract: The agreement between to be made. the Owner and the Contractor identified on the signature page, including all Contract Documents and 15 DEFINITIONS changes thereto. 15.1 Claimant: An individual or entity having a direct 15.3 Owner Default: Failure of the Owner, which has contract with the Contractor or with a subcontractor of neither been remedied nor waived, to pay the the Contractor to furnish labor, materials or equipment Contractor as required by the Construction Contract or for use in the performance of the Contract. The intent to perform and complete or comply with the other terms of this Bond shall be to include without limitation in the thereof. terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: (Corporate Seal) SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA O PRINTED IN COOPERATION WRH THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 • A312-1984 THIRD PRINTING • MARCH 1987 BD 5971 (07-2003) POWER NO. 0320052 04 Power General Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY . Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company and collectively as Companies; duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, THOMAS -L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK MARTY C. CLARK, - VICCI L HILLER, SHANNON C. SCHMIDLY, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR Its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - • - - - - - - - - - - - - - - - - • - - - - - - - - - - - - • - - - - • - - - - - - - • - - - - - - - - . . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same axtent as It such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do In the premises, Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY., 'Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one*or more suitable persons as Attorney(s)-ln-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-Iri-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other. conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fad shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' 'Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached" (Each adopted at a meeting held on February 8, 2000). - In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER A.D., 2003. ._._ corporate Seals \ds awl �ra.CS.I+ �v� 'Zr. State of Ohio County of Medina ss.: ""'• F WESTFIELD INSURANCE COMPANY 'f ~� �' OHIO FARMERSIONSURANCECOMPANYWESTFIELD NATL INSURANCE COMPANY _ y •�r1ii� :3q _ j 1848 i? Richard L. Kinnaird, Jr., Senior Executive On this 29th day of SEPTEMBER A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial •,x••••••"^•n... . Seal f.•'"� Ft\ A L S',•.•.y,J'///�/I Affixed /�P'�\\VUj�•:�"•'• L/" `� • William J. Kahelin, A rney at Law, Notary Public State of Ohio NF3o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: ;. qr I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still In. full force and effect; and furthermore, the resolutions of the Boards of Directors,. set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., rx. pYY ep O - -: •4-- N SEAL :m ,ems CNRRlERfp`3// %\ 1848 ; ?' John T. H. Batchelder, Secretary i+9••a i•+!� - r Carole Jone Connie2iston Submitted By Cost of this request 2250.9255.5806.00 4470.9470.5806.00 Account Number 02013.8 Project Number Budgeted Item Ox City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A City Council Meeting Date Parks and Recreation Division Action Cateaorv/Proiect Budget $40756j Funds Used to Date $154,744 Remaining Balance Operations Department Budget Adjustment Attached EJ Date and ADA Program Cateaory/ Proiect Name Park Improvements Program / Project Category Name Parks Development Fund Name Previous Ordinance or Resolution # 210-07 Original Contract Date: 12/18/2007 Original Contract Number: 2(ll/v8 Date eye le / ARKANSAS 113 W. Mountain St. h THE CITY OF FAYETTEVILLE, Telephone: (479)444-3472 ARKANSAS4le,AR73471 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation p, From: Carole Jones, Park Planner Date: February 6, 2008 Subject: Construction of David Lashley Park Change Order No. 1 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 V2 -mile radius. 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). Resolution number 210-07 was approved at the December 18, 2007 City Council meeting for construction of the project. Notice to proceed was issued on January 9, 2008. The project was bid using a 70' x 70' (4,900 SF) area shown for the location of the playground equipment so that all bidders would bid on the same quantities of materials. The actual layout of the playground was determined in the field by the Park Planner and the Contractor and resulted in approximately 3,200 SF of playground area. While this will result in reduced quantities of some materials, the actual amount of compacted fill will increase because the revised configuration places the playground area in a slightly different location on the site. The contours and slope of the revised location are greater than the original location. Therefore, additional fill material will be needed to bring the playground area to the required grade and maintain the handicapped accessibility of the project. Page 1 of 2 Staff anticipates that there will be reductions in the quantities of base, concrete and playground safety surfacing tiles. The actual amounts will determined as the project proceeds. A deductive, reconciliation change order is anticipated at the end of the project. RECOMMENDATION Parks and Recreation staff recommends approving Change Order #1 resulting in an increase of $1,625. This amount is within the project contingency of $12,210.15 leaving a balance of $10,585.15 in contingency. Page 2 of 2 CHANGE ORDER NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Construction of David Lashley Park Name of Contractor: Benchmark Construction of NWA, Inc Address of Contractor: 333 West Poplar Street. Suite 'A'. Fayetteville. A 72701 Date of Contract: December 18, 2007 Original Contract Sum: S 142.868.85 Total Amount of All Previous Approved Change Orders: S 0.00 Contract Sum prior to this Change Order: S 142,868.85 Contract Sum increase this Change Order:• $ 1,625.00 New Contract Sum including this Change Order: $ 144.493.85 Subject and Reason for This Change order: Approximately 125 CY of additional structural fill is needed under the olaveround area to provide an adeauate base. An additional 2 days are also requested makine the new contract end date May 15t°. 2008. Additional Time Requested: 2 Calendar Days Dated this 6's day of February. 2008 CITY OF FAYETTEVILLE Parks & creati r Division By: P rk Inner Benchmark Construction of NWA, Inc Contractor G: G\TY•CeS< . ;FAYETTEVILLE; Page I of I (2.21.08) Clarice Pearman —Benchmark Construction Page 1 From: Clarice Pearman To: Edmonston, Connie; Jones, Carole Date: 2.21.08 5:49 PM Subject: Benchmark Construction Attachments: 02.12.08 Benchmark Constr CO1.pdf CC: Audit Carole & Connie: Attached is a copy of the above change order. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Carole Jone onnie Edmonston _ ubmitted By Cost of this reauest 2250.9255.5806.00 4470.9470.5806.00 Account Number 02013.8 Project Number City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A City Council Meeting Date Parks and Recreation Division Action Cateaorv/Project Budoet $1444941 Funds Used to Date $10,130 Remaining Balance inch 410 P. on n N 0K O% Operations Department Budgeted Item = x - Budget Adjustment Attached EJ Program Category / Project Name Park Improvements Program / Project Category Name Parks Development Fund Name ( Previous Ordinance or Resolution # 210-07 __ - - _42.i•Depa T ent Dir ctor Date Original Contract Date: 12/18/2007 City Attorney Date `1 Finance and Internal Service Director Date Mayor Date Original Contract Number: THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation( From: Carole Jones, Park Planner Date: April 28, 2008 �'"(/J� Subject: Construction of David Lashley Park Change Order No. 2 113W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3472 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 'A -mile radius. 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. DISCUSSION Resolution number 210-07 was approved at the December 18, 2007 City Council meeting for construction of the project. Notice to proceed was issued on January 9, 2008. The project bid included sidewalks for accessibility within the new park area with the intent that they would connect to the sidewalks along the streets (Copper Creek Drive and Zion Road) that were required by the developers. To date, the street -sidewalks have not been completed by the developers. Handicapped access is required from the curb of Copper Creek Drive to the new 6 -foot park sidewalk. Park staff met on site with the Sidewalk Coordinator and determined that this access was needed even if the sidewalks required by the developers were in place. Staff recommends approval of this change order to allow the current contractor to construct a handicap -accessible curb ramp on Copper Creek Drive. RECOMMENDATION Parks and Recreation staff recommends approving Change Order #2 resulting in an increase of $1,237. This amount is within the project contingency of $12,210.15 leaving a balance of $9,348.15 in contingency including previously approved Change Order #1. Page 1 of I CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price Project Name and Number: Construction of David Lashley Park Name of Contractor: Benchmark Construction ofNWA, Inc Address of Contractor: 333 West Poplar Street Suite `A' Fayetteville, A 72701 Date of Contract: December 18 2007 Original Contract Sum: Total Amount of All Previous Approved Change Orders: Contract Sum prior to this Change Order: Contract Sum increase this Change Order: New Contract Sum including this Change Order: Subject and Reason for This Change order: Additional Time Requested: 8 Calendar Days Dated this 28th day of April, 2008 CITY OF FAYETTEVILLE Parks & Re rgatio Division By: Parl. Pl l er CITY OF By: ATTEST: • Sc. 0FAYETTEVILLE; $ 142,868.85 $ 1,625.00 $ 144,493.85 $ 1,237.00 $ 145,730.85 Benchmark Construction of N WA. Inc. Contractor Page I of I tram: breveamnn nit2o,-ia,n a. rewr<oi u.a .. de.t4eI/fl-A AL PROPOSAL FROM:...MAaMM 4RCONSTRUCTION COMPANY, INC. 1142 NORTH FUTRALL DRIVE FAYETTEVILLE, AR 72703 PROPOSAL TO:....... PROJECT: DATE :........................ DEAR MR. WE REQUEST AN INCREASE IN THE AMOUNT OF >>> ALONG WITH AN EXTENSION IN TIME OF - DAYS. COCNRETE RAMP AT LASHLEY PARK SINCERELY, $1,237 TOTAL COST ........................................... 25% OVERHEAD & PROFIT SUB TOTAL .................................... 0.00000 BOND 0.01500 BUILDING PERMIT 0.00000 OCP INS 0.00980 BLDRS RISK 0.02480 Total Items X Bottom Line TOTAL CHANGE ORDER AMOUNT....... FILE REFERENCE NO. 1A $966 241 $1,207 30. $1,237 2008-04-28 11:41 04923 Marinoni Constructio >> bencbmarkmain 2/3 I IVIII. JIC In JlllIIII 11cr4.a, IJ10 IV. I f^A . IJ IJ COST DETAIL: PROJECT :................ FILE REFERENCE NO. 1A :<< UNIT PRICES >> LABOR + 48% BURDEN, TOOLS MATERIALS + 9% ST DESCRIPTION Q UNIT :LABOR MAT SUB AND + SUBS + 1% LIA INS CONT EQUIP + TOOLS & EQUIP 0 0 CONCRETE 1.63 CY 25.00 75.00 5.00 202 FINISH CONCRETE 84.00 SF 0.35 44 FORM LUMBER 42.00 BF ' 2 0.65 0 128 COMPACTED SB-2 2.96 TONS 25.00 15.00 158 TRUNCATED DOMES 1.00 LS 35.00 250.00 324 0 SAW -CUT AND REMOVE CURB 2.OOHRS 30.00 5.00 5.00 110 0 0 0 0 0 0 0 0 0 0 0 0 2008-04-28 11:41 04923 Matinoni Constructio >> benchmankmain 3/3 EXISTING GREEN SPACE AREA JOINT EXISTING 6' SIDEWALK NOTES: 1. All construction shall comply with the Americans with Disabilities Act (ADA). 2. Detectable Warnings. A curb romp shall have a detectable warning. The detectable warning shall extend 6' (the full width) and 2' on the curb ramp. 3. Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and a center -to -center spacing of nominal 2.35 in (60 mm) and shall contrast visually with adjoining surfaces, either light -on -dark, or dark -on -light. NOTE: THIS WORK SHALL BE INSPECTED BY THE CITY SIDEWALK COORDINATOR. PLEASE CONTACT CHUCK RUTHERFORD AT (479) 575-8291 PRIOR TO CONSTRUCTION. '.^.l 1:50 1OPE 6' X 8' CONCRETE CONCRETES 1---6' MIN. EXISTING EXISTING CURB TO BE PAD. CROSS SLOPE RAMP REMOVED IN AREA OF WITH EXISTING CONCRETE RAMP SHALL BE 2% MAX. DETECTABLE GREENSPACE CONCR IN ALL DIRECTIONS, WARNING AREA CURB RAMP DETAIL - PLAN VIEW NOT TO SCREE NEW EXISTING 6' CONCRETE SIDEWALK I PAD COMPACT SUBGRADE TO 95% SPO NEW CONCRETE RAMP 2 CLASS 7 BASE. 1009. MPD COMPACTED CURB RAMP DETAIL - SECTION VIEW NOT TO SCUE REQUEST FOR COST ESTIMATE CHANGE ORDER NO. 2 DAVID LASHLEY PARK APR 24, 2008 SHEET 1 OF 1 Page 1 of 1 Clarice Pearman - Benchmark From: Clarice Pearman To: Jones, Carole Date: 4.30.08 5:38 PM Subject: Benchmark CC: Audit Attachments: Audit Carole: Attached is a copy of the above change order. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file://C:\Documents%20and%20 Settings\cpearman.000\Local%20 Settings\Temp\XPgrpwise\4818AE98F... 4.30.08 City of Fayetteville S ff R ' F to evlew orm {� City Council Agenda Items tAwA-1 AK or Contracts Dh N/A CO -3 City Council Meeting Date I(JYOc Carole Jon s onnie Hbhston Parks and Recreation . Operations ubmitted By Division Department [J Cost of this reauest • 2250.9255.5806.00 4470.9470.5806.00 Account Number 02013.8 . Project Number Budgeted Item rx Remaining Balance Budget Adjustment Attached Date Date Finance and Internal Service Director Date Date Park Improvements Program / Project Category Name Parks Development Fund Name Previous Ordinance or Original Contract Date: Original Contract Number: 12/18/2007 r Taye tLev le ARKANSAS 113 W. Mountain St. FTHE CITY OF FAYETTEVILLE, ARKANSAS phone:(4le,AR72472 Telephone: (479)444-3472 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreatioro From: Carole Jones, Park Planner Date: May 7, 2008 Subject: , Construction of David Lashley Park Change Order No. 3 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'h-mile radius. 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. DISCUSSION Resolution number 210-07 was approved at the December 18, 2007 City Council meeting for construction of the project. Notice to proceed was issued on January 9, 2008. The project bid did not include the entry sign. The Grand Opening of the park is scheduled for May 14, 2008. Mr. David Lashley, for whom the park was named, is in ill health. Parks staff determined that it would be nice for Mr. Lashley and his family if the sign with his name on it were constructed by the Grand Opening date. The only feasible way this can happen is if the contractor who is currently on site can construct the footings and install the sign. Due to the urgency of the park's Grand Opening, the stone work will be completed at a later date. Staff recommends approval of this change order to allow the current contractor to construct the entry sign on Copper Creek Drive. RECOMMENDATION tfr Parks and Recreation staff recommends approving Change Order #3 resulting in an increase of p.14 -b2- .S4�41& This amount is within the project contingency of $12,210.15 leaving a balance of $ 5 in contingency including previously approved Change Orders #1 and #2. $ 'i,Q&, Ic U Page! of1 CHANGE ORDER NO. 3 Cost Plus X Pre -Agreed Unit Price Project Name and Number. Construction of David.Lashley Park Name of Contractor: Benchmark Construction of NWA. Inc Address of Contractor: 333 West Poplar Street. Suite 'A'. Fayetteville. A 72701 Date of Contract: December 18,2007 Original Contract Sum: $ 142.868.85 Total Amount of All Previous Approved Change Orders: $ 2,862.00 Contract Sum prior to this Change Order: S145.73085 Contract Sum increase this Change Order: $ 1.462.00 New Contract Sum including this Change Order: $ 147,192.85 Subject and Reason for This Change order: An entry sign is requested alone Copper Creek Drive. An additional 7 days are also requested making the new contract end date May 30th. 2008. Additional Time Requested: 7 Calendar Days Dated this 7th day of May. 2008 CITY OF FAYETTEVILLE Parks & rea n Division By: Park nner • FAYETTEVILLE; Benchmark Construction ofNWA, Inc. Contractor - ••o• •.TV Page I of I rrom:areveamrtn qro-earioin to: VARVLCJVIMCa uare: OIO/LUUo lime: lu:l I:uo Mw rage 4 ora PROPOSAL FROM:...MARINONI CONSTRUCTION COMPANY. INC. 1142 NORTH FUTRALL DRIVE FAYETTEVILLE, AR 72703 PROPOSAL TO:....... PROJECT: DATE :........................ DEAR MR. WE REQUEST AN INCREASE IN THE AMOUNT OF >>> ALONG WITH AN EXTENSION IN TIME OF - DAYS. COCNRETE BASE AND SIGN INSTALLATION SINCERELY, FILE REFERENCE NO. 1A $1,462 TOTAL COST............................................$1,141 25 % OVERHEAD & PROFIT 285 SUB TOTAL .................................... $1,426 0.00000 BOND 0.01500 BUILDING PERMIT 0.00000 OCP INS 0.00980 BLDRS RISK 0.02480 Total Items X Bottom Line 35 TOTAL CHANGE ORDER AMOUNT ..................... . $1,462 rrom: Jteve omlln Oro -fl'- N 17 ro: cmncJLc Jvrvw uate: o/o/LUUO lime: lu: I r:uo sly' rage o 01 .3 COST DETAIL: PROJECT :................ FILE REFERENCE NO. IA cc UNIT PRICES >> LABOR + 48% BURDEN, TOOLS MATERIALS + 9% ST DESCRIPTION Q UNIT :LABOR MAT SUB AND + SUBS + 1% LIA INS CONT EQUIP + TOOLS & EQUIP ____.._________..______.__________________._......__..___________..______�______..___..____».,._.. 0 0 CONCRETE 1.53 CY 25.00 75.00 5.00 189 FINISH CONCRETE 33.00 SF 0.35 17 FORM LUMBER 0.00 BF 2 0.65 0 0 COMPACTED SB-2 0.00 TONS 25.00 15.00 0 REBAR 200.00 LBS 0.55 0.45 261 BACKHOE TIME 3.00 HRS 25.00 10.00 65.00 339 HAND EXCAVATION 1.00 HRS 45.00 67 INSTALL SIGN 3.00 HRS 45.00 200 ANCHOR BOLTS 8 EA 2.50 4.50 69 0 0 NOTE: THE SIGN WILL NEED BASE PLATES WITH FOUR HOLES IN EA PLATE TO BE INSTALLED 0 AFTER WE POUR THE CONCRETE 0 0 SIGN, STONE WORK AND LANDSCAPING BY OTHERS 0 0 (5.19.08) Clarice Pearman - Benchmark CO3 "Page 1 From: Clarice Pearman To: Edmonston, Connie; Jones, Carole Date: 5.19.08 12:02 PM Subject: Benchmark CO3 Attachments: 05.07.08 Benchmark Construction CO3.pdf CC: Audit Ladies: Attached is a copy of the Benchmark Construction change order I received from the mayor's office late Friday. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice �V r City of Fayetteville 12 1 Staff Review Form ` City Council Agenda Items CI1 mp K or Contracts N/A City Council Meeting Date Carole Joni / nnie Edmonston S milled By Cost of this request _ __ . 2250.9255.5806.00 4470.9470.5806.00 Account Number •02013.8 Project Number Budgeted Item x _ Parks and Recreation Division Action Cateaorv/Proiect Budget $143,276 Funds Used to Date $11,348 Remaining Balance Budget Adjustment Attached Operations Department Proaram Cateaory I Proiect Name Park Improvements J Program / Project Category(Name Parks Development Fund Name Previous Ordinance or Resolution # 210 07 Departmen Directo Date Original Contract Date: 12/1.8/20.0.7 Original Contract Number: Cit Date Received in City Clerk's Offi � 8 �z1 og ��Z�� ENS Finance and Internal Service Director Date Received in Mayor's Office Mayor ate Comments: • 113 W. Mountain St. F�a e1 t evl e Telephone: he(479le, 44.3472 (479) 444-3472 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation From: Carole Jones, Park Planner Date: August 21, 2008 Subject: Construction of David Lashley Park Reconciliation Change Order No. 4 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 %z -mile radius. 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. Resolution number 210-07 was approved at the December 18, 2007 City Council meeting for construction of the project. Notice to proceed was issued on January 9, 2008. The project was bid using a 70' x 70' (4,900 SF) area shown for the location of the playground equipment so that all bidders would bid on the same quantities of materials. The actual layout of the playground was determined in the field by the Park Planner and the Contractor and resulted in approximately 3,200 SF of playground area. This resulted in reduced quantities of concrete and playground tiles and increased quantities in the amount of compacted fill and topsoil because the revised configuration placed the playground area in a slightly different location on the site. The contours and slope of the revised location are greater than the original location. In addition, an extra section of concrete sidewalk was required adjacent to the handicap -accessible curb ramp on Copper Creek Drive to maintain the required grade and handicapped accessibility of the project. RECOMMENDATION Parks and Recreation staff recommends approving Change Order #4 resulting in an overall contract decrease of $10,639. Page 1ofI CHANGE ORDER NO. 4 Cost Plus X Pre -Agreed Unit Price Project Name and Number: Construction of David Lashley_Park Name of Contractor: Benchmark Construction of NWA, Inc Address of Contractor: 333 West Poplar Street, Suite `A', Fayetteville, A 72701 Date of Contract: December 18,2007 Original Contract Sum: $ 142,868.85 Total Amount of All Previous Approved Change Orders: $ 4.324.00 Contract Sum prior to this Change Order: $ 147,192.85 Contract Sum decrease this Change Order: $ 10.639.00 New Contract Sum including this Change Order: $ 136.553.85 Subject and Reason for This Change order: Reconciliation of the reduction in playground slab and tiles and increase in topsoil Additional concrete sidewalk was also required to maintain handicapped accessibility of curb ramp Additional Time Requested: 0 Calendar Days Dated this 21st day of August. 2008 CITY OF FAYETTE VILLE Benchmark Construction of Inc. Parks & Recreation Division Contractt00%r By: P rl anner n J Tile: !N D11w p jb ATTES CITY OFF TTEVIL ������ "OFFICIAL SEAL" By: Gregory J. Moore Mayor Dan Coo y Notary Public, State of Arkansas County of Washington My Commission Exp. 04/25/2015 ATTE�444L Jsy/L `. t GAS (•pc•;G - ;FAYETTEVILLE; Pagc I of I RJR ENTERPRISES, INC. 804 N. 42ND SI' ROGERS, Mt 72756 Oftcc:+Fax 479-631-6574 M-479-621 -3939 Name I Address Bcnehmark C•otutniction Stcvc Smith PROPOSAL Date Proposal# 1 1115:00; 4(L� 1402 P.O. No• Terms Project JOB David Lairky Park Description Oty List Price Ameun5 Drscautd Total Item IC Rabbcr I tic ordered 0211012(11)8 3-4 wtt Jclivcry 3,512 R.M! 28(96-00 2f.(96.0(1 Ilan (0 lnstnllntion 1:054 S.MI 5,270.00 5.270.00 llvnr IC Sdrhlcl\I 33.366.0) Item ii bnatallaliOn 'I 10:000.110. lOilih).00 IO,IMN1.00 Item I I Suh(otal 10.000.00 Item 13 Pavilion Ordered O1.•27 200K 6.7 weekn drlivcry 1 8,270.00 8.270.00 R.270.gn ii%stallation 1 4,000.00 4,000.60 4:nno.nn Suhtctal 12 270.00 Tlem 14 ?'rehle rmd TnataDation (.hdered 02110.12008 2.3 weeks delhery 2 1.265.00 2,530.00 2.330.00 Suldotul 1.530.00 Item 15 Benches and instullubon OLLCn d (WI 0/2008 2-3 wrcks delivery 2 800.00 l,6OO.0b 1.600.D0 Snhieta) 1 •(d�.00 Item 16 Bikt. Mack In Stack I 125.410 125 00 125.00 `iu hroral 125.00 ••-•••C14AN(3C(31)21t .... April 19, 2008 y Dee:ruled Mwr City ollquipmrcnt Cmm 4.900 to 3.512. Deti*ased rrcice of Egntpmenl Trout S39,2(10.On to $28,096.M1• (-511,101.00) >Uccreasedpr•ice ot%ubtoml lane$45.520.O0u+T,3A,16IN1. -SI t,lV4.001 To(al chu» 8c ui catimatc -$11.10.4 00 'total Signature Page 1 5/h d %LL 625 6Lh << 66£66526Lh6 uiewVewyauaq 2h:56 66-80-8002 RJR INI ER1RISES, INC SQ4 N. 42ND ST ROGERS, AR 72756 Ottice/Fax 479-631-6574 M479-621-3939 NameiAddress Steve Smith PROPOSAL Date PropasalO 1u15 .7 GUSIAUI P.O. No. Terms Project JOB DAVId I.axulc y l ark. Description Qty List Price Amount Discount Total •.--• CIIANUE URIIER ----- .April I t), 2 OUR > Dccrcurrd quantity of Inst,Ualion from 1,2(4 to 1.054. Ihereascd pries ui Installation from $6,?2U.OU co $5,2?0.00- (-$1,050.00) > Dcczcascd prim of Subtotal from 574,416.00 to S33,366.00 -$1,050.001 Tdal cbangc to ruitnau-51.050.00 Total T5291UU Signature _ Page 2 5/5 d %)) 625 6b << 6L£LL5Z6LtL uiewDJewyouaq £h :5L LL -80-8002 8/21/2008 11:20 Al FROM: Fax Benchmark Construction TO: 2511319 PAGE: 002 OF 003 PROPOSAL FROM:... BENCHMARK CONSTRUCTION COMPANY, INC. 333 WEST POPLAR ST FAYETTEVILLE, AR 72703 PROPOSAL TO:.......CAROLE CITY OF FAYETTEVILLE PROJECT:................LASHLEY PARK FILE REFERENCE NO. 1A DATE :........................AUGUST 19, 2008 DEAR MR. WE REQUEST AN INCREASE IN THE AMOUNT OF >>> ALONG WITH AN EXTENSION IN TIME OF - DAYS. EXTRA AT CONCRETE RAMP SINCERELY, TOTAL COST ............................................ 25 % OVERHEAD & PROFIT $856 EM SUBTOTAL .................................... $835 0.00000 BOND 0.01500 BUILDING PERMIT 0.00000 OCP INS 0.00980 BLURS RISK 0.02480 Total Items X Bottom Line 21 TOTAL CHANGE ORDER AMOUNT ..................... $856 ' 2008-08-21 11:18 05766 Fax >> henchmarkmain 2/3 8/21/2008 11:20 AM FROM: Fax Benchmark Construction TO: 2511319 PAGE: 005 OF 003 COST DETAIL: PROJECT:................LASHLEY PARK FILE REFERENCE NO. 1A -------- __________________________________________________________________________________.__. :<< UNIT PRICES >> LABOR + 48% BURDEN, TOOLS MATERIALS + 9% ST DESCRIPTION Q UNIT :LABOR MAT SUB AND + SUBS +1%LIA INS CONT EQUIP + TOOLS & EQUIP 0 0 CONCRETE 0.75 CV 25.00 75.00 5.00 93 FINISH CONCRETE 0.00 SF 0.35 0 FORM LUMBER 0.00 BF 2 0.65 0 0 COMPACTED SB-2 0.00 TONS 25.00 15.00 0 REBAR 110.00 LBS 0.55 0.45 143 BACKHOE TIME 3.00 HRS 25.00 10.00 65.00 339 HAND EXCAVATION 1.40 HRS 45.00 93 0 0 0 0 0 12008-08-21 11:18 05766 Fax >> benchmarkmain 3/3 8/21/2008 11:?2 N1 FROM: Fax Benchmark Construction TO: 2511319 PAGE: 002 OF 003 PROPOSAL FROM:... BENCHMARK CONSTRUCTION COMPANY. INC. 333 WEST POPLAR ST FAYETTEVILLE, AR 72703 PROPOSAL TO:.......CAROLE CITY OF FAYETTEVILLE PROJECT:................LASHLEY PARK DATE :........................AUGUST 19. 2008 DEAR MR. WE REQUEST AN INCREASE IN THE AMOUNT OF >>> ALONG WITH AN EXTENSION IN TIME OF - DAYS. EXTRA TOPSOIL, SEED AND STRAW SINCERELY. TOTALCOST ........................................... 25 %OVERHEAD & PROFIT $928 FILE REFERENCE NO. 1A $725 181 SUB TOTAL .................................... $906 0.00000 BOND 0.01500 BUILDING PERMIT 0.00000 OCP INS 0.00980 BLDRS RISK Total Items X Bottom Line 22 0.02480 TOTAL CHANGE ORDER AMOUNT ..................... $928 2008-08-21 11:19 05767 Fax >> bencbmaikmain 2/3 8/21/2008 11:22 AM FROM: Fax Benchmark Construction TO: 2511319 PAGE: 003 OF 003 COST DETAIL: PROJECT:................LASHLEY PARK FILE REFERENCE NO. 1A UNIT PRICES>> LABOR+48%BURDEN. TOOLS MATERIALS + 9% ST DESCRIPTION O UNIT :LABOR MAT SUB AND + SUBS + 1% LIA INS CONT EQUIP + TOOLS & EQUIP 0 0 TOPSOIL 3.00 LDS 34.00 125.00 560 STRAW BAILES 6.00 EA 8.00 5.50 107 SEED 3.00 HRS 9 5.50 58 0 0 0 0 0 0 ' 2008-00-21 11:19 05767 Fax >> henchmarkmain 3/3 From: Clarice Pearman To: Edmonston, Connie; Jones, Carole Date: 8.28.08 3:12 PM Subject: Benchmark Attachments: 08.21.08 Benchmark Construction C04.pdf CC: Audit Good Afternoon Ladies: Attached Is a copy of the above staff review item for the Benchmark Construction C04. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice