HomeMy WebLinkAbout98-07 RESOLUTIONRESOLUTION NO, 98-07
A RESOLUTION AWARDING BID # 07-42 AND APPROVING A
CONTRACT WITH MIDLAND CONSTRUCTION, INC. IN THE
AMOUNT OF $117,332.00 FOR THE CONSTRUCTION OF THE GULLEY
PARK BIOSWALE AND PARKING LOT PROJECT; APPROVING A 10%
PROJECT CONTINGENCY IN THE AMOUNT OF $11,733.00; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$69,243.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
awards Bid # 07-42 and approves a Contract with Midland Construction, Inc. in the
amount of $117,332.00 for the construction of the Gulley Park Bioswale and Parking Lot
Project. 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 10% project contingency in the amount of $11,733.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereb�
approves a budget adjustment in the amount of $69,243.00. . `ARK' R ''%,,
\ S e
c���;••G\SY Oc •Gp�A?
PASSED and APPROVED this 5w day of June, 2007.
:FAYETTEVILLE•
ATTEST: :9s •RKANS •'J
y`v0'Ji'`oN1�0'�.
SONDRA E. SMITH, City Clerk/Treasurer
Section 00 52 13
Agreement
BETWEEN CITY OF FAYETTEVELLE AND CONTRACTOR
THIS AGREEMENT is dated as of the%day of June, in the year 2007 by and between
the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Midland
Construction, 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 site preparation, bicycle racks, bioswales
including trees, shrubs and associated drainage structures for Gulley Park Improvements
Re -bid; and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
Mark Boyer, RLA University of Arkansas and
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 an
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 Gulley Park Improvements Construction shall be substantially
completed within 60 consecutive calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with paragraphs 14.07.13 & C of
the General Conditions within 75 consecutive calendar days after the date when the
Contract Time commences to run.
3.2 Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize
that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will
suffer financial loss if the Work is not completed within the times specified in paragraph
3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the
General Conditions. They also recognize the delays, expense and difficulties involved
in proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is not
City of Fayetteville Page 00 52 13-1 5/17/2007
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 Price Work times the estimated quantity of that
item as indicated in this paragraph 4.2.
City of Fayetteville Page 00 52 13-2 5/17/2007
I
ITEM
NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
`DESCRIPTION
PAYMENT ITEMS
Midland
UNIT EST. QTY. UNIT $ COST
Mobilization 1
L.S.
1.00
$4,000.00
$4,000.00
Bonds and Insurances
L.S.
1.00
$1,600.00
$19600.00
Temporary Silt Fence 6
L. F.
400.00
$4.50
$1,800.00
Construction Staking
L.S.
1.00
$2,000.00
$29000.00
Site Preparation 10
L.S.
1.00
$22,000.00
$22,000.00
Demolition -asphalt trail 2
L.S.
1.00
$9,500.00
$9,500.00
Wheel Stops -recycled rubber (6 )(9)
EA.
30.00
$67.00
$2,010.00
PVC sleeves -4"
L. F.
256.00
$6.00
$19536.00
Asphalt Paving -2" thick
S.Y.
160.00
$31.00
$49960.00
S132 Gravel Base
C.Y.
425.00
$32.00
$13,600.00
Seed and Straw (4 )(8)
AC
0.40
$43500.00
$13800.00
Stone - Boulders
ton
15.00
$319.00
$4,785.00
Stone - River Rock 3" depth
C.Y.
7.00
$90.00
$630.00
Ledge stone size 10'x 2'x 6" - check dams
EA.
14.00
$600.00
$85400.00
Ledge stone size 11.25'x 2.5'x 6" - check dams
EA.
4.00
$610.00
$25440.00
Ledge stone size -8.5'x 1.75'x 6" check dams
EA.
2.00
$470.00
$940.00
Sign Installation
EA.
2.00
$110.00
$220.00
Storm Drains stem - 6
L.S.
1.00
$10,000.00
$10,000.00
Parking Lot Striping
L.S.
1.00
$350.00
$350.00
Bike Racks 6 9
EA.
2'00
$800.00
$1,600.00
Inkberr Holl - Ilex glabra - #3
EA.
6.00
$47.00
$282.00
S icebush - Cal canthus floridus - #3
EA.
6.00
$47.00
$282.00
Snowhill Hydrangea - Hydrangea arborescens
16.00
'snowhill' - #3
EA.
$47.00
$752.00
Sweet Bay Magnolia - Magnolia vir iniana - #5
EA.
7.00
$68.00
$476.00
American Hornbeam - Carpinus cardiniana - #5
EA.
1.00
$68.00
$68.00
Paw Paw - Asimina triloba - #3
EA.
6.00
$47.00
$282.00
Sassafrass - Sassafrass albidum - #3
EA.
4.00
$47.00
$188.00
Hydrangea - Hydrangea macrophylla'lanarth
14.00
white'- #3
EA.
$47.00
$658.00
Vanhoutte S rirea - S irea x vanhouttei #3
EA.
4.00
$47.00
$188.00
Dwarf Fountain Grass -Pennisetum alopecuroides
147.00
'Hameln'
EA.
$2.70
$396.90
Leather Leaf Sedge - Carex buchananii
EA.
294.00
$2.70
$793.80
Orange New Zealand Sedge - Carex testacea
EA.
707.00
$2.70
$13908.90
Horsetail Rush - E uisetum h emale
EA,
653.00
$2.70
$1,763.10
City of Fayetteville
Page 00 52 13-3
511712007
34 Spurge - Eu horbia m rsinites EA. 410.00 $2.70 $15107.00
35
Gazania- Gazania'colorado old'
EA.
401.00
$2.70
$1,082.70
36
St. John's Wort - Hypericum patulurn
EA.
29.00
$17.00
$493.00
37
Winter Jasmine -Jasmine nudiflorum #3
EA.
3.00
$47.00
$141.00
38
Yellow Flag Iris - Iris suedcorus'sun cascade'
EA.
72.00
$10.00
$720.00
39
Blue Chip Juniper - Juniperous horizontalis
61.00
Wiltoni'Blue Chip'
EA.
$17.00
$1,037.00
40
Marlberr - Ardisia escallonioides
EA.
553.00
$2,30
$1,271.90
41
Dwarf Mondo Grass - O hio 0 on japonicus
EA.
1392.00
$2.30
$3,201.60
42
Balloon Flower - Platycodon grandiflorum
83.00
'Mareisii'
EA.
$2.70
$224.10
43
AnthonyWaterer S irea # 3
EA.
3.00
$47.00
$141.00
44
Wild Oats
EA.
55.00
$2.70
$148.50
45
Compost (6 )(9)
ton
22.00
$38.00
$836.00
46
Topsoil (6 )(9)
ton
22.00
$38.00
$836.00
47
Course Sand (6 )(9)
ton
33.00
$40.00
$1,320.00
48
Mulch (6 )(9)
bas
427.00
$6.00
$29562.00
TOTAL $117,331.50
As provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.13 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 about
the 151 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 14.02.13.5 & 14.02.D of the General Conditions.
City of Fayetteville Page 00 52 13-4 5/17/2007
90 percent of Work completed (with the balance of 10 percent being retainage),
If Work has been 50 percent completed as 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 14.07.13 & 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 14.07.13 & C.
Article 6, CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including technical data.
6.2 CONTRACTOR has visited the 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
City
of Fayetteville
Page
00 52 13-5
5/17/2007
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 1-9, inclusive).
City of Fayetteville Page 00 52 13-6 5/1712007
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 Addenda numbers 1-4, inclusive.
7.9 One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through nine with each sheet bearing the following general title: Gulley
Park Improvements Re -Bid.
7.10 The following which maybe delivered or issued after the Effective Date of the agreement
and are not attached hereto:
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and other documents amending, modifying or supplementing
the Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of
the General Conditions.
Article 8, MISCELLANEOUS.
8.1 Terms used in the agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
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,
City of Fayetteville Page 00 52 13-7 5/17/2007
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 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 U�YI Q_ 2007 (which is the Effective
Date of The Agreement).
CITY OF FAYETTEVILLE: ICO
By:
ayor
[CORPORATE SEAL]
a
" If a Corporation, atteMy the Secretary.
Address for giving notices
City of Fayetteville
By:
n ��S lire
[CORPORATE SEAL]
Address for giving notices
Page 00 52 13-8
5/17/2007
(If CITY OF FAYETTEVILLE is a public body, attach License No. &U11�7D-7a/�
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)
City of Fayetteville Page 00 52 13-9 511712007
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year I Department: Sales Tax Capital Improvements
2007
Division:
Program:
Project or Item Added/Increased:
Gulley Park Improvements
Justification of this Increase:
The bids for the Gulley Park Bioswale have been
received. They came in overbudget by $69,243. This
project is a joint effort with the U of A Landscape
Architecture Department and the Arkansas Forestry
Commisssion.
Account Name
Park improvements
Date Requested I Adjustment Number
5/17/2007
roject or Item Deleted/Reduced:
Lake Fayetteville Improvements
Recognized $10,000 in State Cost Share Revenue from
AR Forestry Commission
istification of this Decrease:
Detailed plans have not been developed for the Lake
Projects and are not a priority at this time. The Bioswale
Project is ready to move forward.
Increase Expense Budget (Decrease Revenue Budget)
Account Number
4470 9470 5806 00
Amount Project Number
791243 05001 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount
Park improvements 4470 9470 5806 00 69243
4470 0947 4303 00 10,000
Approval Signatures
equeste By D`te07-.
L�
z9 �
udgeMiiiiger Date
_ r � S-2�•o`7
ent D rector Date
Finance & Internal Se7' �' rrviices Director // Date
i"-U / tiYa e
Project Number
02043 1
05001 1
Budget Office Use Only
Type: A B C E
Posted to General Ledger
Initial Date
Posted to Project Accounting
Initial Date
Entered in Category Log
Initial Date
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested
Division:
2007 5/17/2007
Program:
Project or Item Ad&d/Increase
Gulley Park Improvements
Justification of this Increase:
The bids for the Gulley Park Bioswale have been
received. They came in overbudget by $69,243. This
project is a joint effort with the U of A Landscape
Architecture Department and the Arkansas Forestry
Commisssion.
-oject or Item Deleted/Reduced:
Lake Fayetteville Improvements
Adjustment Number
Justification of this Decrease:
Detailed plans have not been developed for the Lake
Projects and are not a priority at this time. The Bioswale
Project is ready to move forward.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount
Park improvements 4470 9470 5806 00
Account Name
69,243
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Park improvements 4470 9470 5806 00 6%243 02043 _1
Project Number
05001 1
ect Number
Signatures
west Date
udget Maria Date
Department Di�ec or . Date
`?Qyjg i8•(J *�
FinanceA Internal Services Director Date
10M
Budget Office Use Only
Type: A B C V E
Posted to General Ledger
Initial Date
Posted to Project Accounting
Initial Date
Entered in Category Log
Initial Date
�rl!
Alison Jumper/Connie E onston
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
June 5th, 2007
City Council Meeting Date
Parks and Recreation
Division
Action Required:
Dproval of a contract with Mid
&s/
Operations
Department
amount
117,332 with a 10% project contingency
of
$11,733 for a total
cost of $129,065. Approval of budget adjustment in
le amount of $69,243 for the installation
of
Gulley Parking and
Bioswale.
$1299065.00
Cost of this request
4470.9470.5806.00
2250.9255.5806.00
Account Number
05001
05001.1
Project Number
Budgeted Item
$50,000
$29,000
Category/Project Budget
$ 3,656
Funds Used to Date
$50,000
$25,344
Remaining Balance
Budget Adjustment Attached
S 1807
Department Di ctor Date
UkLIr 2110
City Attorney
Finance and Internal Service Director Date
Mayor
Gulley Park Improvements
Program Category / Project Name
Sales Tax
Park Improvements
Program / Project Category Name
Sales Tax
Parks Development
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
ENR
Received in Mayor's Offic ENT,ERE
z
Meeting of June 5, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
Mayor Dan Coody and City Council
Gary Dumas, Operations Director
Connie Edmonston, Parks and Recreation Directo
Alison Jumper, Park Planner ar�>
May 18th, 2007
Gulley Park Bioswale and Parking Project
RECOMMENDATION
A resolution awarding Bid #07-42 and approval of a contract with Midland Construction,
Inc. in the amount of $117,332 with a 10% project contingency of $11,733 for a total cost
of $129,065. Approval of budget adjustment in the amount of $69,243 for the installation
of Gulley Parking and Bioswale.
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
current parking area on Township Road is not adequate to serve the the park users. The
Parks and Recreation Division partnered with the.University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
Through a mutual memorandum of agreement between the Arkansas Forestry
Commission, University of Arkansas and the City of Fayetteville, the Commission is
providing funding in the amount of $12,000. A portion of this funding will be paid to the
University of Arkansas and the remainder will be used for informational signage and
vegetation. No funds from the Arkansas Forestry Commission will be received by the
City.
DISCUSSION
The project was advertised in the Arkansas Democrat Gazette on March 2151 and the bid
opened on April 12`h, 2006. The bids came in over the amount certified. The project was
re -bid on April 201h and opened May 16`h. Changes made to the bid include omitting the
asphalt paving and concrete curb for the parking lot which the Transportion Divison will
construct for $15,522. This is a savings of $17,382 from the original bid. The re -bid
includes site preparation and base work for the parking lot, relocation of a portion of
asphalt trail, drainage structures and construction of the bioswales including vegetation.
There were seven bidders and the low bidder was Midland Construction, Inc. in the
amount of $117,332. If approved, the project will begin in June and be completed in
City Council Meeting of June 5, 2007
Agenda Item Number
BUDGETIMPACT
This project is funded with Parks Development and Sales Tax funds. Total cost of the
Gulley Park Bioswale and Parking Lot Project is $144,587 which includes Midland
Construction Inc. contract in the amount of $117,332, project contingency of $11,733,
and Transportation Division in-house cost of $15,522. The initial budget for this project
was $75,344, leaving a deficit of $69,243 which is requested in the budget adjustment.
Attachments:
Bid Tabulation Sheet
Contract
Transportation cost estimate
Memorandum of Agreement with Arkansas Forestry Commission
RESOLUTION NO,
A RESOLUTION AWARDING BID #07-42 AND APPROVING A
CONTRACT WITH MIDLAND CONSTRUCTION, INC. IN THE
AMOUNT OF $117,332.00 FOR THE CONSTRUCTION OF THE
GULLEY PARK BIOSWALE AND PARKING LOT PROJECT;
APPROVING A 10% PROJECT CONTINGENCY IN THE
AMOUNT OF $11,733.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $69,243.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the Cityor
hereby awards Bid #07-42 and approves a ContractInc. in the amount of $117,332.00 for the constructioy Paand Parking Lot Project. A copy of the Coact, mark "A,"
hereto and made a part hereof.
Section 2.
hereby approves
DAN COODY, Mayor
City
of $1
oft 'e"";. '6�of Fayetteville, Arkansas
the unt of $69,243.00.
5th day of June, 2007.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Section 00 52 13
Agreement
BETWEEN CITY OF FAYETTEVELLE AND CONTRACTOR
THIS AGREEMENT is dated as of the 4, day of in the year 2007 by and between
the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Midland
Construction, 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 site preparation, bicycle racks, bioswales
including trees, shrubs and associated drainage structures for Gulley Park Improvements
Re -bid; and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
Mark Boyer, RLA University of Arkansas and
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 an
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 Gulley Park Improvements Construction shall be substantially
completed within 60 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 14.07.6 & C of
the General Conditions within 75 consecutive calendar days after the date when the
Contract Time commences to run.
3.2 Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize
that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will
suffer financial loss if the Work is not completed within the times specified in paragraph
3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the
General Conditions. They also recognize the delays, expense and difficulties involved
in proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is not
City of Fayetteville Page 00 52 13-1 5/18/2007
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 Price Work times the estimated quantity of that
item as indicated in this paragraph 4.2.
City of Fayetteville Page 00 52 13-2 5/18/2007
ITEM
NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
PAYMENT ITEMS
Mobilization 1
L.S.
1.00
Midland
DESCRIPTION"
UNIT EST.`QTY'
$4,000.00
UNIT $ COST
Mobilization 1
L.S.
1.00
$4,000.00
$4,000.00
Bonds and Insurances
L.S.
1.00
$1,600.00
$1,600.00
Temporary Silt Fence 6
L.F.
400.00
$4.50
$1,800.00
Construction Staking
L.S.
1.00
$2,000.00
$2,000.00
Site Preparation 10
L.S.
1.00
$22,000.00
$229000.00
Demolition -asphalt trail 2
L.S.
1.00
$9,500.00
$99500.00
Wheel Stops -recycled rubber (6 )(9)
EA.
30.00
$67.00
$2,010.00
PVC sleeves -4"
L.F.
256.00
$6.00
$13536.00
Asphalt Paving -2" thick
S.Y.
160.00
$31.00
$45960.00
S132 Gravel Base
C.Y.
425.00
$32.00
$13,600.00
Seed and Straw (4 )(8)
AC
0.40
$4,500.00
$1,800.00
Stone - Boulders
ton
15.00
$319.00
$4,785.00
Stone - River Rock 3" depth
C.Y.
7.00
$90.00
$630.00
Ledge stone size 10'x 2'x 6" - check dams
EA.
14.00
$600.00
$81400.00
Ledge stone size 11.25'x 2.5'x 6" - check dams
EA.
4.00
$610.00
$2,440.00
Ledge stone size -8.5'x 1.75' x 6" check dams
EA.
2.00
$470.00
$940.00
Sin Installation
EA.
2.00
$110.00
$220.00
Storm Drains stem - 6
L.S.
1.00
$10,000.00
$10,000.00
Parking Lot Striping
L.S.
1.00
$350.00
$350.00
Bike Racks 6 9
EA.
2.00
$800.00
$15600.00
Inkberry Holl - Ilex glabra - #3
EA.
6.00
$47.00
$282.00
S icebush - Cal canthus floridus - #3
EA,
6.00
$47.00
$282.00
Snowhill Hydrangea - Hydrangea arborescens
16.00
'snowhill' - #3
EA.
$47.00
$752.00
Sweet Bay Magnolia - Magnolia vir iniana - #5
EA.
7.00
$68.00
$476.00
American Hornbeam - Carpinus cardiniana - #5
EA.
1'00
$68.00
$68.00
Paw Paw - Asimina triloba - #3
EA.
6.00
$47.00
$282.00
Sassafrass - Sassafrass albidum - #3
EA.
4.00
$47.00
$188.00
Hydrangea - Hydrangea macrophylla'lanarth
14.00
white'- #3
EA.
$47.00
$658.00
Vanhoutte S rirea - S irea x vanhouttei #3
EA.
4.00
$47.00
$188.00
Dwarf Fountain Grass -Pennisetum alopecuroides
147.00
'Hameln'
EA.
$2.70
$396.90
Leather Leaf Sedge - Carex buchananii
EA.
294.00
$2.70
$793.80
Orange New Zealand Sedge - Carex testacea
EA.
707.00
$2.70
$1,908.90
Horsetail Rush - E uisetum h emale
EA.
653.00
$2.70
$19763.10
City of Fayetteville
Page 00 52 13-3
5/18/2007
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Spurge - Eu horbia m rsinites
EA.
410.00
$2.70
$1,107.00
Gazania - Gazania 'colorado old'
EA.
401.00
$2.70
$1,082.70
St. John's Wort - Hypericurn patulum..
EA.
29.00
$17.00
$493.00
Winter Jasmine -Jasmine nudiflorum #3
EA.
3.00
$47.00
$141.00
Yellow Flag Iris - Iris suedcorus'sun cascade'
EA.
72.00
$10.00
$720.00
Blue Chip Juniper - Juniperous horizontalis
61.00
'Wiltoni"Blue Chip'
EA.
$17.00
$1,037.00
Marlber - Ardisia escallonioides
EA.
553.00
$2.30
$1,271.90
Dwarf Mondo Grass - O hio 0 on japonicus
EA.
1392.00
$2.30
$3,201.60
Balloon Flower - Platycodon grandiflorum
83.00
'Mareisii'
EA.
$2.70
$224.10
AnthonyWaterer S irea # 3
EA.
3.00
$47.00
$141.00
Wild Oats
EA.
55.00
$2.70
$148.50
Compost (6 )(9)
ton
22.00
$38.00
$836.00
Topsoil (6 )(9)
ton
22.00
$38.00
$836.00
Course Sand (6 )(9)
ton
33.00
$40.00
$1,320.00
Mulch 6 9
bas
427.00
$6.00
$2,562.00
TOTAL
$117,331.50
As provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
PARKS AND RECREATION 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 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 about
the 1s' 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 14.02.13.5 & 14.02.D of the General Conditions.
City of Fayetteville Page 00 52 13-4 5/18/2007
90 percent of Work completed (with the balance of 10 percent being retainage),
If Work has been 50 percent completed as 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 14.02.8.5 & 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 & 14.02.1D 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. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including technical data.
6.2 CONTRACTOR has visited the 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
City
of Fayetteville
Page
00 52 13-5
5/18/2007
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 1-9, inclusive).
City of Fayetteville Page 00 52 13-6 5/18/2007
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 Addenda numbers 1-4, inclusive.
7.9 One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through nine with each sheet bearing the following general title: Gulley
Park Improvements Re -Bid.
7.10 The following which may be delivered or issued after the Effective Date of the agreement
and are not attached hereto:
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and other documents amending, modifying or supplementing
the Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of
the General Conditions.
Article 8, MISCELLANEOUS.
8.1 Terms used in the agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
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,
City of Fayetteville Page 00 52 13-7 5/18/2007
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 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 2007 (which is the Effective
Date of The Agreement).
CITY OF FAYETTEVILLE: CONTRACTOR
By:
Mayor
By:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest "Attest
If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
City of Fayetteville Page 00 52 13-8 5/18/2007
(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)
City of Fayetteville Page 00 52 13-9 5/18/2007
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MEMORANDUM OF AGREEMENT
13 DIMIJBI31►1
THE ARKANSAS FORESTRY COMMISSION
MI
UNIVERSITY OF ARKANSAS DEPARTMENT OF LANDSCAPE ARCHITECTURE
W
CITY OF FAYETTEVILLE PARKS & RECREATION
Whereas the Arkansas Forestry Commission ("AFC") desires to partner with the University of
Arkansas Department of Landscape Architecture (UADLA) and the City of Fayetteville Parks
& Recreation Division to develop a project (CFPR) which helps promote the benefits of trees
within communities. More specifically, UADLA and CFPR will demonstrate the importance of
bioswales with trees in parking lots.
UADLA will prepare a design for a demonstration bioswale in association with a new city park
parking lot exemplifying best ecological design practices. The goal of the design study is to
improve ecological services in parking lot design. Ecological services related to reduction of
stormwater runoff; improvement of water quality; reduction of the heat island effect;
protection of downstream aquatic habitat; and, enhancement of aesthetics are key
considerations as well as overall public education in creating a demonstration parking lot.
UADLA will collaborate with CFPR for this demonstration project. Project deliverables will
include drawings that illustrate a solution (at the level of design development) for a parking
lot and bioswale in Gulley Park, and drawings that describe the general applicability of the
solutions for use in other lot designs. Drawings will include a scaled site plan, site sections
and site details. Diagrams describing essential landscape components will accompany the
site plans.
The funding for this project will be under the administration of the Urban Forestry
Coordinator of AFC, the Director of Research and Sponsored Programs and the Director of
Parks and Recreation. The performance of the Program will be determined by the above
mentioned deliverables and implementation by CFPR which can then be used as a model for
future developments across Arkansas and the southern region.
AFC agrees to provide funding in the amount of $12,000.
CFPR will provide cost -share matching funds through staff time and cost of materials for the
parking lot.
UADLA will submit a Project report based on approved expenditures for the deliverables
mentioned above to AFC as mutually agreed upon by the parties. .
r
The Project will begin on approximately March 1, 2006 and end on approximately
December 1, 2006.
AGREED TO BY:
Name
TC.L�� .
U&CF Program Coordinator
CD / l a OCP
Date r
AGREED TO BY:
Name
/ �1�7iIf - // ID/JS7b�
arks & Recreation Director
Date
AGREED TO BY:
Rosemary Ruff
Research & Sponsored Program Director
Date
Lou
§
(
Homa d &AJ+ 6J, Cc1
5fc41ay
City Council Meeting of June 5, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks and Recreation Dir to
From: Alison Jumper, Park Planner
Date: May 29th, 2007
RE: Gulley Park Bioswale and Parking Project
RECOMMENDATION
A resolution awarding Bid #07-42 and approval of a contract with Midland Construction,
Inc. in the amount of $117,332 with a 10% project contingency of $11,733 for a total cost
of $129,065. Approval of budget adjustment in the amount of $69,243 for the installation
of Gulley Parking and Bioswale.
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
current parking area on Township Road is not adequate to serve the the park users. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
Through a mutual memorandum of agreement for cost share between the Arkansas
Forestry Commission, University of Arkansas and the City of Fayetteville, the
Commission is providing funding in the amount of $12,000. Up to $10,000 of this
funding will be reimbursed to the City for the layout of the plan, printings costs for
informational brochure, informational signage, trees and vegetation.
DISCUSSION
The project was advertised in the Arkansas Democrat Gazette on March 2151 and the bid
opened on April 12`h, 2006. The bids came in over the amount certified. The project was
re -bid on April 201h and opened May 161h. Changes made to the bid include omitting the
asphalt paving and concrete curb for the parking lot which the Transportion Divison will
construct for $15,522. This is a savings of $17,382 from the original bid. The re -bid
includes site preparation and base work for the parking lot, relocation of a portion of
asphalt trail, drainage structures and construction of the bioswales including vegetation.
There were seven bidders and the low bidder was Midland Construction, Inc. in the
amount of $117,332. If approved, the project will begin in June and be completed in
September.
City Council Meeting of June 5, 2007
Agenda Item Number
BUDGETIMPACT
This project is funded with Parks Development and Sales Tax funds. Total cost of the
Gulley Park Bioswale and Parking Lot Project is $144,587 which includes Midland
Construction Inc. contract in the amount of $117,332, project contingency of $11,733,
and Transportation Division in-house cost of $15,522. The initial budget for this project
was $75,344, leaving a deficit of $69,243 which is requested in the budget adjustment.
Attachments:
Bid Tabulation Sheet
Contract
Transportation cost estimate
Memorandum of Agreement with Arkansas Forestry Commission
,License No. 0015340208
State of Arkansas
Contractors Licensing Board
MIDLAND CONSTRUCTION, INC.
YO BOX 369
ROGERS, AR 72757-0369
This is to Certify That MIDLAND CONSTRUCTION, INC.
is duly licensed under the provisions of Act 150 of the 1965 Acts as amended
and is entitled to practice Contracting in the State of Arkansas within the
following classification:
BUILDING
RESIDENTIAL,
with the following suggested bid limit UNLIMITED
from February 23, 2007 Until February 29, 2008
when this Certificate expires.
Witness our hands of tire Board. dated at NmYh Little Rock. Arkansas:
t�EgSTq�
CHAIRMAN
fid,��-
i
SECRETARY
����
February 23, 2007
REV 2/99
CERTIFIED COPY OF THE RESOLUTION OF THE BOARD OF. DIRECTORS
AUTHORIZING CONSENT _TO SERVICE OF.PROCESS FOR THE CORPORATION
At a regular/special meeting of the Board of Directors of 1,1 134, n5.faxi1011,
(NAME OF.00RPORATION)
duly called and held on the day of M ro
Resolution was adopted:
is quorum being present, the following I
"WHEREAS, this Company desires to enter into one or more contracts as a contractor, as
defined in Section 48-13-30 through 48-13-38 of the Official Code of Georgia annotated, and
for the purpose of employing with said Act agrees to irrevocably appoint the Secretary of
State, or his successor in office, its duly authorized agent for service of process with respect
to claims arising out of.the performance of any of said contracts.
THEREFORE, BE IT RESOLVED, that �J�CnL7, C8PAC (' M(LR President and
�V1_
0011 ° 7 mrn'(`Ma..A ,.Secretary of the Company be and hereby are authorized to execute
on behalf of the Company,a Non -Resident Contractor's Consent to Service of Process in this
regard, and the proper attesting officer of the Company be and hereby is authorized to affix the
corporate seal to such consent and. subscribe his name thereto, attesting the same'.
I, Twx LI P l) IMWOf PYMCLYI , Secretary of ml CI IapOnY15Tf 11PTSO lrvG
(NAME OFOORPORATION)
have compared the:foregoing Resolution with the original thereof, as recorded in the Minute Book of said
Company, and do certify that the same is a correct and true transcript therefrom and the wholeof said
original Resolution.
iven under, my hand and seal of the Company, Mid L1d&AP1AA'0n* h6n the City of
State of Ar ko Y15 QS this day of maty \
(Seal)
THIS RESOLUTION MUST BE ATTACHED TO THE
NONRESIDENT CONTRACTOR'S CONSENT TO SERVICE OF PROCESS.
,..Letter of Transmittal
Midland Construction, Inc.
To: City of Fayetteville Parks and Recreation Division
1455 South Happy Hollow Road
Fayetteville , Arkansas 72701
Attn: Allison Jumper
From: Midland Construction, Inc.
P.O. Box 369
Rogers, AR 72757
Phone #: 479.925-1639
Fax # 479.925-1680
E -Mail: mldlandconst@cox.net
------------------ —---------------------------------------------------------- ---------------
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From: Clarice Pearman
To: Edmonston, Connie; Jumper, Alison
Date: 6.8.07 10:34 AM
Subject: Res. 98-07
Attachments: 98-07 Midland Construction.pcif
CC: Audit; Fell, Barbara; Vice, Peggy
Connie & Allison:
Attached is a copy of the above resolution regarding Midland Construction. I will forward to Purchasing your original requisition
and the original budget adjustments to Budget & Research. I say budget adjustments because there are two in the packet. You
can hash out with Budget which is correct.
Have a good day.
Thanks:
Clarice
Clarice Buffalohead-Peannan, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman(a)ci.favetteville ar us
R THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 3965451
Premium Amount Based
on Final Contract Amount
AIA Document A312
Performance Bond
Any UrWIar rererence m Ccrerwor, Surety, Omer or Muer party sMI W mnstt plural where applic&le.
CONTRACTOR (Name and Address): SURETY (Name and Principle Place of Business):
MIDLAND CONSTRUCTION, INC. OHIO CASUALTY INSURANCE COMPANY
14571 ZIMMERMAN LANE 136 NORTH THIRD STREET
ROGERS, AR 72756 HAMILTON, OH 45025
OWNER (Name and Address)
CITY OF FAYETTEVILLE U 9 1O»`
113 WEST MOUNTAIN, ROOM 372
FAYETTEVILLE, AR 72701 ry4� PC(uEPT,
CONSTRUCTION CONTRACT UN 1 9 1001
Date: June 5th, 2007 a
Amount: $ 117,331.50 FAYWTY LCE
Description (Name and Location): mid
GULLEY PARK IMPROVEMENTS zt „ 9
BOND
Date (Not earlier than Construction Contract Date): June 14th, 2007
Amount: $ 1172331.50
Mcdifications to this Bond: [X] None Lj See Page 3
CONTRACTOR A$ PRNi CIPAL SURETY
COMPANY: - (Corporate Seal) COMPANY: (Corporate Seal)
MID _ _ ION INC. OHIO CASUALTY IN CE COMPAN
- =Signature_ Signature:
?Name antl li Name an e:
KIMBERLY L. BABB , Attorney -in -Fact
(Any additionai signatures appear on page 3)
FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: or Engineer or other party):
Babb Bonding, Inc Mark Boyer, RLA U of A and
P.O. Box 6255 City of Fayetteville Parks & RED
Sherwood, AR 72124 Fayetteville, AR 72701, ?7, ??
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA o
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20086
THIRD PRINTING - MARCH 1987
A 312-1984
IVIIV 111111111 Vln Vfl VII ILII IIIV IIIII IIIII IIIII IVI VIII IIIII V� Ilh
Doc ID: 011265260007 TVD9: LIE
Recorded: 08/19/2007 at 03:00:58 Pm
Fee Amt: $6.00 Paoe 1 of 7
Mashlnoton Countv. AR
Bette Stamps Clrcult Clerk
F1IeB028-00000468
,1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
E succbssors, 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 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 accor-
dance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared 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 ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract,
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting 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 dam-
ages caused by delayed performance or non-perfor-
mance 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 Con-
struction 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.
6. The Surely hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
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 aftter the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
4.4 Waive its rights to perform and complete, arrange curs first. If the provisions of this Paragraph are void or
for completion, or obtain a new contractor and with prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1884 ED., AIA a A 312-1984 2
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 288a8
THIRD PRINTING - MARCH 1887
,able to sureties as a aerense In the tunsalctlon or the suit
shall be applicable.
i
10. Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature 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 con-
forming 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 Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor or any amounts receivea or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form 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 Con-
tractor 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 PR1_NCIPAL
Company: (Corporate Seal)
MIpEANU�ONS TION, INC.
OHI6 CA TY RANCE COMPAN
Signature:
me ani*40
aw
Address:
.�.
SURETY
Company: (Corporate Seal)
Sign Name and Title:
KIMBERLY L. ABB Attorney -in -Fact
Address:
AIA DOCUMENT A312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 1984 3D.. AIA O A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 28088
THIRD PRINTING - MARCH 1987
Bond No. 3965451
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Payment Bond
Airy aiNular Manna to Contractor, Surety, Oe r or o party shall ba conaid retl plural where applicable.
CONTRACTOR (Name and Address):
MIDLAND CONSTRUCTION, INC.
14571 ZIMMERMAN LANE
ROGERS, AR 72756
OWNER (Name and Address):
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN, ROOM 372
FAYETTEVILLE, AR 72701
CONSTRUCTION CONTRACT
Date: June 5th, 2007
Amount: $ 117,331.50
Description (Name and Location):
GULLEY PARK IMPROVEMENTS
BOND
Date (Not earlier than Construction Contract Date):
Amount: $ 117$31.50
Modificatians to this Bond: x None
CONTRACTORAS PRINCIPAL
SURETY (Name and Principle Place of Business):
OHIO CASUALTY INSURANCE COMPANY
136 NORTH THIRD STREET
HAMILTON, OH 45025
June 14th, 2007
COMPANY. (Corporate Seal)
- - - MIDL _ N, INC.
signature:
Name and ii7n�FiCrr7iry
(Any additional signatures appear on page 6)
See Page 6
SURETY
COMPANY: orporate Seal)
OHIO CASUALTY I NCE COMPA
Signature:
Name and Title:
KIMBERLY L. BABB, Attorney -in -Fact
FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other party):
Babb Bonding, Inc Mark Boyer, RLA U of A and
P.O. Box 6255 City of Fayetteville Parks 8 Rec
Sherwood, AR 72124 Fayetteville, AR 72701, ??, ??
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 19M ED., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS. 1135 NEW YORK AVE., N.W. WASHINGTON, D.C. 20066 A312-1964 4
THIRD PRINTING - MARCH 1987
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 perfor-
mance of the Construction Contract, which is incorpo-
rated 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 fur-
nished 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 pay-
ment, 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 addres 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 Con-
tractor 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 no-
tice 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.
6. If a notice required by Paragraph 4 is gven 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 perfor-
mance 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 prior-
ity 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 unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations 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 juris-
diction 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 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction 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
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1738 NEW YORK AVE., N.W., WASHINGTON, D.C. 28888
THIRD PRINTING - MARCH 1987
A312-1984 5
'Bond shall be construed as a statutory bond and not as a
common law bond.
14. Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor 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 PRINCI PAL
-Companyt-
MIDLAN�&, INC.
0474.1
. 'b
SURETY
(Corporate Seal) Company: (Corporate Seal)
OHIO CASUALTY INSURA E COMPANY
i
ame and Ile: IMBERLY L. BB, Attorney -in -Fact
dress: 136 NORTH THIRD STREET
HAMILTON, OH 45025
AIA DGCUMKft A312 PERFORMANCE BOND AND PAYMENT BONO DECEMBER 1984 ED. AIAO A312-1984 6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 28086
THIRD PRINTING - MARCH 1987
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No. 36-699
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE
COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section
I of West American Insurance Company, do hereby nominate, constitute and appoint:Daniel Michael Babb, Kimberly L. Babb, James Alan Rogers or Miki
Jean Rogers of Sherwood, Arkansas its We and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf m surety, and as its act
and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,000.00) DOLLARS,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment df notes and interest thereon
And the execution ofsuch bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they
had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s}in-fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company
has hereunto subscribed his name and affixed the Corporate Seal of each Company this 291h day of January, 2003.
STATE OF OHIO,
COUNTY OF BUT7,ER
Sam Lawrence, Assistant Secretary
On this 29th day of January, 2003 before the subscriber a Notary Public of the State of Ohio, in and for the County of Buder, duly commissioned and qualified, came
Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be
the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swoon deposeth and
saith, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate
Seals and his signature as ofur-r were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TE511MONY WHE:2EOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written
Notary Pubf in and for County dYButler, late of Ohio
My Commission expires August 6.2007.
IRIS power Of attorney is granted under and by aumonl
American Insurance Company, extracts from which read:
Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any
assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the
Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of
suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or
boards of county or state, or the United States of America, or to any other political subdivision."
Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. "rhe Chairman of the Board, the Resident, any Vice President, a Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and
to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognisances, stipulations, undertakings or other instruments of surety -ship or guarantee, and
policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any
county or state, or the United States of America, or to any other political subdivision."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970 -The Ohio
Casualty Insurance Company; adopted April 24,1980 -West American Insurance Company):
"RESOLVED that the signature of any officer of the Company authorized by the By-Lawso appoint attorneys in fact, dre signature of the Secretary or any Assistant
Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same
force and effect as though manually affixed "
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney,
the referenced By -Laws of the Companies and the above Resolution of their Boards of Directors are PF d correct copies and 14 in full force and effect on this da
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of ` NA -12- 67 )
tl
5-4300
Mark E. Schmidt, Assistant Secretary
Alison Jumper
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
n/a
City Council Meeting Date
Parks and Recreation
Division
Action Required:
ftiUd/MY 4.s P
Ao" col
Operations
Department
$7,370 $ 1449587.00
Cost of this request Category / Project Budget
2250.9255.5806.00
4470.9470.5806.00 $ 117,332.00
Account Number Funds Used to Date
05001.3
05001.3 $ 27,255.00
Project Number Remaining Balance
Budgeted Item �x
Budget Adjustment Attached
Ll'. '1 , 0
Department irector Date
Gulley Park Improvements
Program Category / Project Name
Park Improvments
Sales Tax
Program / Project Category Name
Sales Tax
Parks Development
Fund Name
Previous Ordinance or Resolution
Original Contract Date:
r' Original Contract Number:
2
Citv Attorne DJte
6/5/2007
CHANGE ORDER NO. 1 Cost Plus
Project Name and Number: Gulley Park Improvements
Name of Contractor: Midland Construction, Inc
Address of Contractor: P.O Box 369 Roeers, AR
Date of Contract: June 5th, 2007
Original Contract Sum:
Total Amount of All Previous Approved Change Orders:
Contract Sum prior to this Change Order:
Construct Sum increase this Change Order:
New Contract Sum including this Change Order:
Subject and Reason For This Change order:
Additional Time Requested: 7Calendar Days
Dated this 10th day of July. 2007
CITY OF FAYETTEVILLE
Parks & Recreation Division
Park PI?TTe,-
-
Pre -Agreed Unit Price X
117.332
$ 0.00
$ 117,332
$ - 7370.00
$ 124,702
FAY ETT EVILLE
'
.• r_.F
Page I of 1
Paylrngvua.r
T1
�'
? .ti
1 ARKANSAS 113W. Mountain St.
)Y F\ V 1- TTI't I Fayetteville, AR 72701
Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations /1
Connie Edmonston, Director of Parks and Recreationf � �-
From: Alison Jumper, Park Planner (�
Date: July 10, 2007
Subject: Gulley Park Improvements Change Order No. I
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
DISCUSSION
Resolution number 98-07 was approved at the June 5, 2007 City Council meeting for
construction of the project. Notice to proceed was issued on June 201h. Unsuitable soils
were discovered while excavating for the parking area. Approximately 18" of additional
excavation and structural fill are needed under the parking area to provide an adequate
base. Fill material will be purchased and hauled to the site using the bulk materials
contract. City staff will be used to remove excavated materials. The contractor will
excavate and load approximately 1,100 c.y. of unsuitable material at the rate of 3.75 c.y.
and place and compact approximately 1,100 c.y. of imported soil at the rate of $5.75 / c.y
totaling $10,450.
During negotiations staff determined city crew could be used to place seed and straw on
the disturbed areas, resulting in a deduction of line item # 11, Seed and Straw in the
amount of $1,800. Additionally, line item # 10, SB2 Gravel Base is in excess of the
quantity required, resulting in a deduction of 40 c.y. of gravel in the amount of $1,280.
Total added cost to the contract will be $7,370.
Parks and Recreation Staff recommends approving Change Order #1 resulting in an
increase of $7, 370. This amount is within the project contingency of $11,733, leaving a
balance of $4,363 in contingency.
(7/11/2007) Alison Jumper -Re: Change Order # 1 -Back upPage 1
From: "midlandconst" <midlandconst@cox.net>
To: "Alison Jumper" <ajumper@ci.fayetteville.ar.us>
Date: 7/11/2007 8:38 AM
Subject: Re: Change Order # 1 -Back up
Allison,
The excavation should also be 1100 CY. When you excavate the unsuitable
materials will be loosens just like the red dirt will when dug out of the
hillside quarry. Yes, additional days are needed -7 calendar days. The net
amount of the change order should be $7370.00 as follows:
1. Add red dirt qty. of 1100 CY @ $9.50= $10450.00
2. Deduct bid item #11 -Seed & Straw = 1800.00
3. Deduct partial bid item #10-SB2
Gravel Base 40 CY @ $32.00 = 1280.00
Grand Total Add ............_ $7370.00
Please expedite this change order. The machinery is waiting for a go
Thanks,
Steve Zimmerman, Pres.
Midland Construction, Inc.
Phone #479-925-1639
Fax #479-925-1680
midiandconst@cox.net
----- Original Message -----
From: "Alison Jumper" <ajumper@ci.fayetteville.ar.us>
To: <midlandconst@cox.net>
Sent: Tuesday, July 10, 2007 3:31 PM
Subject: Change Order # 1
Steve, attached is the change order for your review. There is a slight
change from our discussion. I have listed the excavation as 850 cy. I think
we roughly figured for the 1100 c.y. which was the number for the compacted
fill. Take a look and see if I need to change anything before signing.
Will you need any additional days?
Excavate and load approximately 850 c.y. of unsuitable material at the rate
of 3.75/ c.y. and place and compact approximately 1,100 c.y. of imported
soil at the rate of $5.75/ c.y totaling $9,513.
7.17.07 Clarice Pearman - Midland Construction Page 1
From: Clarice Pearman
To: Jumper, Alison
Date: 7.17.07 3:33 PM
Subject: Midland Construction
Alison:
I received your contract review item back and the change order attached is a copy. Do you have the original change order for
signature? Please let me know.
Thanks.
Clarice
(717.07 Clarice Pearman - Re: Midland Construction Page~1
From: Clarice Pearman
To: Jumper, Alison
Date: 7.17.07 3:38 PM
Subject: Re: Midland Construction
Yes please. The faxed copy is good to get your item start through the process but I need the original agreement for signature.
Thanks I appreciate your help. Have a good day.
Clarice
>>> Alison Jumper 7.17.07 3:36 PM >>>
I can get one If you need it. I had them fax it so we could get it started.
>>> Clarice Peannan 7/17/2007 3:33 PM >>>
Alison:
I received your contract review item back and the change order attached is a copy. Do you have the original change order for
signature? Please let me know.
Thanks.
Clarice
0.23.07 Clarice Pearman - Midland Constr. Page 1 !
From: Clarice Pearman
To: Jumper, Alison
Date: 7.23.07 3:42 PM
Subject: Midland Constr.
Attachments: 07.16.07 Midland Construction Inc. COI.pdf
CC: Audit
Alison:
Paul:
Attached Is a copy of the change order for Midland Construction Inc. Please let me know if there is anything else needed. Have a
good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerkrrreasurer Division
113 West Mountain
Fayetteville, AR 72701
479.575-8309
coea rm an(a)ci.favettevil le. a r. us
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
n/a
City Council Meeting Date
Alison Jumper Parks and Recreation
Submitted By Division
$1,500
Cost of this request
2250.9255.5806.00
4470.9470.5806.00
Account Number
05001.3
05001.3
Project Number
Budgeted Item �x
Action Required:
#2 (see attached) to Midland Construction, Inc.
p<�
��r5�09
COQ
Add"
Int, C001�
Operations
Department
$ 1441587.00 Gulley Park Improvements
Category / Project Budget
$ 124,702.00
Funds Used to Date
$ 19,885.00
Remaining Balance
Budget Adjustment Attached
�3• o7
Departmel Date
City Attornel Date
Finance and Internal Service Director
Mayor
Date
I�
Program Category / Project Name
Park Improvments
Sales Tax
Program / Project Category Name
Sales Tax
Parks Development
Fund Name
Previous Ordinance or Resolution # 98-07
Original Contract Date: 6/5/2007
Original Contract Number:
Received in City e
Received in Mayor's Offi EAE
.`.T v ?
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
-1.1110 (` I TY O F I`AYY FIT, V 11. L i•-. 1 R k A t ti 1 r Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations f
Connie Edmonston, Director of Parks and Recreation��
From: Alison Jumper, Park Planner 9
Date: August 6, 2007 J
Subject: Gulley Park Improvements Change Order No. 2
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
DISCUSSION
Resolution number 98-07 was approved at the June 5, 2007 City Council meeting for
construction of the project. Notice to proceed was issued on June 20`h. Change order No.
1 in the amount of $7,370 and 7 extra days was approved on July 11 `h 2007.
The depth of the storm drain system requires modification to accommodate the existing
sanitary sewer line. Additional materials are needed to install the inlet boxes at the
required elevations. Total costs for additional material is $1,500. Ten additional days are
reghuested for manufacturing and delivery making the new contract end date September
25` 1 2007.
Parks and Recreation Staff recommends approving Change Order #2 resulting in an
increase of $1,500. This amount is within the project contingency of $11,733, leaving a
balance of $2,863 in contingency.
CHANGE ORDER NO. 2 Cost Plus
Project Name and Number: Gulley Park Improvements
Name of Contractor: Midland Construction . Inc
Address of Contractor:_ P.O. Box 369 Rogers, AR
Date of Contract: lune 5th 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:
Pre -Agreed Unit Price X
117.332
$ 7.370
$ 124.702
$ 1.500.00
S 126.202
enrr:rn:wat
Subject and Reason For This Change order: Depths of storm drain system area require modification to
accommodate existing sanitary sewer pipe. Additional materials are needed in install inlets to required elevations.
An additional 10 days is need for manufacturing and delivery.
Additional Time Requested: 10 Calendar Days
Dated this 6th day of August. 2007
CITY OF FAYETTEVILLE D _
Parks & Recreation Division)
By:
Park Planner
CITY OF
V
J
;FAYETTEVILLE•
�•. .e. _c.:X
Page 1 of
REQUEST FOR INFORMATION
NAME OF PROJECT: Gulley Park
DATE: 8/512007
RFI NO:
TO: City of Fayetteville PROJECT NO:
Allison Jumper
FROM: Midland Construction, Inc
(General Contractor)
Shane Zimmerman
(Project Superintendent)
479-633-5106
(Job Site Phone Number)
479-925-1680
(Job Site Fax Number)
PROJECT NAME: Gulley Park
Parking Improvements
SPEC. SECTION:
DRAWING/DETAIL: Sheet 7 Of 9
INFORMATION REQUESTED:
Allison,
The changes made to the drainage structures per site
visit on 7/31107 will result in a price increase of
$1500.00. The 12" x 12" area inlet extends from 1'-8" to approx. T-0". And the 18" x 18" area inlet
extends from 3'-0" to approx. 3'-6". Both inlets to have
6" walls. Please see shop drawings for
further info.
Please notify as soon as possible if this option is going
to be excepted, followed by a notice to proceed.
Thank you
Shane Zimmerman
Requested By:
Answered By: Date:
REPLY:
Approved By: Date:
Architect's response shall not be considered as a Change Order or Change Directive, nor does it authorize changes in the Contract Sum or
Contract Time.
(8.15.07) Clarice Pearman - Midland Construction CO2 Page 1
From: Clarice Pearman
To: Jumper, Alison
Date: 8.15.07 4:23 PM
Subject: Midland Construction CO2
Attachments: 08.15.07 Midland Construction Inc CO2.pdf
CC: Audit
Alison:
Attached is a copy of the change for the above company. I am forwarding to you via interoffice mail one of the two original
change orders. If there is anything needed for this item please let me know. Have a good evening.
Thanks.
Garice
Alison Jumper
Submitted By
Cost of this request
2250.9255.5806.00
4470.9470.5806.00___
Account Number
05001.3
05001.3
Project Number
Budgeted Item
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
n/a
City Council Meeting Date
Parks and Recreation
Division
$ 144,587.00
Category / Project Budget
$ 135,369.00
Funds Used to Date
$ 9,218.00
Remaining Balance
Budget Adjustment Attached
L- �`I ,101 % 0-�
Department D rector Date
Finance and Internal Service Director Date
Mayor
1 �le
(//P
P03
Operations
Department
Gulley Park Improvements
Program Category / Project Name
Park Improvments
Sales Tax
Program / Project Category Name
Sales Tax
Parks Development
Fund Name
Previous Ordinance or Resolution
Original Contract Date: 6/5/2007
Original Contract Number:
Received in t&141 fice
Received in Mayor's Office
TaveTe;iile
ARKANSAS
113W. Mountain St.
FayettevR 72701
THE CITY OF FAYETTEVILLE ARKANSAS Telephone:
> Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations
Connie Edmonton, Director of Parks and Recreation
From: Alison Jumper, Park Planner 6 )
Date: November 15, 2007
Subject: Gulley Park Improvements Change Order No. 3
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
Resolution number 98-07 was approved at the June 5, 2007 City Council meeting for
construction of the project. Notice to proceed was issued on June 20th. Change order No.
1 in the amount of $7,370 and 7 extra days was approved on July 11th 2007. Change order
No. 2 in the amount of $1,500 and 10 extra days was approved on August 13th, 2007.
Additional sleeving is needed to allow for the irrigation system. Irrigation system is
being installed by in-house staff.. Total costs for additional material is $981. Thirty six
additional days are requested to accommodate the time needed for the coordination and
construction of asphalt paving and concrete curbing by City crews, making the end date
November 30th, 2007.
Parks and Recreation Staff recommends approving Change Order #3 resulting in an
increase of $981 and 36 additional days. This amount is within the project contingency of
$11,733, leaving a balance of $1,882 in contingency.
Parks and Recreation Staff recommends approving Change Order #3 resulting in an
increase of $981 and 36 additional days. This amount is within the project contingency of
$11,733, leaving a balance of $1,882 in contingency.
CHANGE ORDER NO. 3 Cost Plus _
Project Name and Number: Gulley Park Imorovements
Name of Contractor: Midland Construction . Inc
Address of Contractor. P.O. Box 369 Rogers, AR
Date of Contract: June 5th, 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:
Pre -Agreed Unit Price X
117.332
$ 8.870
$ 126202
$ 981
$ 127;183
i:ilHeri.
Subject and Reason For This Change order: Additional sleeving is necessary to provide access for irrigation
installation by in-house staff. Additional days are needed to allow for the coordination and construction of the
asphalt paving and concrete curbing by City crews as well as 7 days for weather.
Additional Time
y� Requested: 36 Calendar Days
Dated this day of November. 2007
CITY OF FAYETPEVILLE
Page 1 of I
(11.26.07) Clarice Pearman - Midland Const Page 1
From: Clarice Pearman
To: Jumper, Alison
Date: 11.26.07 4:58 PM
Subject: Midland Const
Attachments: 11.20.07 Midland Construction Inc CO3.pdf
CC: Audit
Alison:
Attached is a copy of the change order for Midland Construction. Please let me know if there is anything else needed.
Have a good evening.
Thanks.
Clarice
AlisonJumper4
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
n/a
City Council Meeting Date
Parks and Recreation
Division
Action
1�2
fn 5j61
aol
Mid10AA
n, X04
Operations
Department
$774
Cost of this request
2250.9255.5806.00
4470.9470.5806.00_
Account Number
05001.3
05001.3_
Project Number
$ 144, 587.00
Category / Project Budget
$ 136,350.00
Funds Used to Date
$ 8,237.00
Remaining Balance
Gulley Park Improvements
Program Category I Project Name
Park Improvments
Sales Tax
Program / Project Category Name
Sales Tax
Parks Development
Fund Name
Budgeted Item = Budget Adjustment Attached =
Previous Ordinance or Resolution # 98-07
\1, 0S7
Department irector Date Original Contract Date: 6/5/2007
Original Contract Number:
City Attorney tDate
-
Received in Ci ice
Ck
Finance mal In al Service irector Date
� � Received in Mayor's Office n,n
Mayor V// Date
ir�
�a e ev
y
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations /
Connie Edmonston, Director of Parks and Recreation iyX
From: Alison Jumper, Park Planner q/0
Date: November 29, 2007 //
Subject: Gulley Park Improvements Change Order No. 4
BACKGROUND
Gulley Park is one of Fayetteville's flagship parks offering play areas, restrooms and vast
open space. Additionally it is the venue of the annual Gulley Park Concert series. The
Parks and Recreation Division partnered with the University of Arkansas Landscape
Architecture Department and the Arkansas Forestry Commission to create a parking area
and bioswale project. Students in the Landscape Architecture program along with Mark
Boyer, Landscape Architecture Professor, designed a parking area with 30 spaces and
three bioswales located on Old Wire Road south of the Gulley house. The project will
serve as an educational demonstration for alternative stormwater management and will
provide much needed parking for the park.
DISCUSSION
Resolution number 98-07 was approved at the June 5, 2007 City Council meeting for
construction of the project. Notice to proceed was issued on June 20th. Change order No.
I in the amount of $7,370 and 7 extra days was approved on July I I'h 2007. Change order
No. 2 in the amount of $1,500 and 10 extra days was approved on August l3th, 2007 and
Change Order No. 3 in the amount of $987 was approved on November 19th 2007.
Additional asphalt paving is needed to accommodate the ADA access from the parking
area to the trail. Five additional days are requested to construct the trail and connection to
the parking area making the end date December 5th, 2007.
kW
Parks and Recreation Staff recommends approving Change Order #4 resulting in an
increase of $774 and 5 additional days. This amount is within the project contingency of
$11,733, leaving a balance of $1,108 in contingency.
CHANGE ORDER NO. 4 Cost Plus Pre -Agreed Unit Price X
Project Name and Number: Gulley Park Improvements
Name of Contractor: Midland Construction , Inc
Address of Contractor: P.O. Box 369 Ro eg rsAR
Date of Contract: June 5th, 2007
Original Contract Sum: $ 117.332
Total Amount of All Previous Approved Change Orders: $ 9,851
Contract Sum prior to this Change Order: $ 127.183
Contract Sum increase this Change Order: $ 744
New Contract Sum including this Change Order: $ 127.927
Subject and Reason For This Change order: Additional asphalt paving is necessary to accommodate ADA access
from the parking area to the trail.
Additional Time Requested: 5Calendar Days
Dated this 29th day of _November. 2007
CITY OF FAYETTEVILLE
FAYE TEVILLE;
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(12.10.07) Clarice Pearman - Midland Constr Page 1
From:
Clarice Pearman
To:
Jumper, Alison
Date:
12.10.07 12:25 PM
Subject:
Midland Constr
Attachments:
12.05.07 Midland Construction Inc C04.pdf
CC: Audit
Alison:
Attached is a copy of Change Order No. 4 for Midland Construction. Please let me know if there is anything else needed for
this item. Have a good day.
Thanks.
Clarice