HomeMy WebLinkAbout171-08 RESOLUTION71.177
RESOLUTION NO. 171-08
A RESOLUTION TO AWARD BID # 08-62 AND APPROVE THE
CONTRACT WITH ZACHARY AND ASSOCIATES TO BUILD
THE GULLEY PARK AND FINGER PARK PAVILIONS AT A
COST OF $76,337.29 WITH A CONTINGENCY OF $11,450.59
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
#08-62 and approves the contract with Zachary and Associates to build the Gulley Park and
Finger Park Pavilions at a cost of $76,337.29 with a contingency of $11,450.59.
PASSED and APPROVED this 16th day of September, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
KIl'RF
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_U° 6,311;FAYETTEV1LLE°
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By:
SONDRA E. SMITH, City Clerk/Treasurer
Section 00 52 13
Agreement
•
BETWEEN CITY OF FAYETTEVELLE LAND CONTRACTOR
THIS AGREEMENT is dated as of the r day of k+ in the year 2008 by and between
the City of Fayetteville, Arkansas (hereinafter called C TY OF FAYETTEVILLE) and Zachary &
Associates, 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 pavilions and associated site work at Gulley
Park and Finger Park and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Parks and Recreation Division
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
will be hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and
who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
documents.
Article 3. CONTRACT TIME.
3.1. The Work for Gulley Park and Finger Park Pavilion Construction shall be
substantially completed within 75 consecutive calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraphs
14.07.8 & C of the General Conditions within 95 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 FAYETTEVILLE if the Work is not completed on
time. Accordingly, instead of requiring any such proof, City of Fayetteville and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
Page 1 of 7
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 an 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.
PAYMENT ITEMS
Zachary 8 Associates, Inc.
ITEMS
DESCRIPTION
UNIT
EST. OTY.
UNIT PRICE
Total
1
Mobilisation
L.S.
1.00
$2.000.00
$2,000.00
2 _
Bid Bands a Insurance _..
LS,
._ 1.00
_ -$2,200.00.
_ $2,200.00
3 _.
Ste Preparation - induding erosion control. concrete washout, tree protection fencing. construction
entrance and protection of existing sidewalk.
L.S.
1.00
..$2,500.00
$2,500.00
4 _
Demolition and Removal of Existing Pavilion and Slab at Finger Park including sanest of existing 4'
sidewalk _ _.. ____.. _. _ _.
L.S.
1.00
$1.000.00
... $1,000.00
5
Extend existing 4' Wide ADA Accessible Concrete Sidewalk (4- Thickness) to match Pavilion Slab.
complete in place __. _. _._.__. _ _.. _. _
L.S.
1,00.
$193.70
$193.70
_... 6 _..
Site Restoration _ _ __ _ __ _ __ _ __ ___ __ ___ __
__. _L.S..
1.00
.$1,000.00
$1.000.00
_7._
Unclassified Excavation._. _ _ --. _
CY.. ..
_ 16000
__ $15.00
_.$2,400.00
8
Imported Hillside Material • complete in place.... _
C.V.
11000
$15.00
11,650.00
9
Class? Base- compacted in Place _.. _
C.Y,
40.00
$40.00
$1,600.00
10 -
Concrete Sidewalk (4' Thirhness) . _.. _ _ _ _. _. _ _ _ _ _ - _ _
S.Y.
47.00
_ $40.00
_ $1.880.00
- 11 -
Concrete Pavilion Slab(5'Thickness) _ __. _ - _ _.. _...
S,Y,
210.00.
$40.00
_..$8,400.00
12
20' x 24' Rectangular. Gable Pavilion, 4.51sendwich pend rwf deck with T1-11 on bottom face _. _
_ __ E.A.
2.00
515,993.75
$31,987.50.
__13
Installation of Paysions al Gulley Park and Finger Park per manufacturer's instructions... __.__ _.
L.S.
1.00
$6,000.00
.$6,000.00
_. 14 ___.
T Picnic tables, complete In place _ . ----------------------------------------E.A...
11.00
$1,082.00.$11,902.00
_ 15
6' Benches. complete in place_ _ ... -
E.A.
2.00
$463.25
$926.50
16
Grills, complete in place .. _. _
E.A.
300
$232.53
$697.59
_ TOTALBIDAMOUNT_______ __ _._.$76,337.29_ ..... _
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.
Page 2 of 7
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 PROJECT MANAGER as provided
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 1st 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
established in paragraph 2.07 of the General Conditions and based on the number of units
completed in the case of Unit Price Work or, in the event there is no 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.B.5 & 14.02.D
of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being
retainage), If Work has been 50 percent completed as determined by the
PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the
character and progress of the Work have been satisfactory to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT
MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS
AND RECREATION DIVISION PROJECT MANAGER, may determine that
as long as the character and progress of the Work remain satisfactory to
them, there will be no additional retainage on account of work completed, in
which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100 percent of the Work
completed.
100 percent of materials and equipment not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.6.5 &
14.02.D of the General Conditions. That is, if any such items are setup for
that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), 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.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay
Page 3of7
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, or
furnishing of the Work.
6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the site which
have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of
the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in
such reports and drawings upon which CONTRACTOR is entitled to rely as provided in
paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings 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 fumishing of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract 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
Page 4 of 7
Contract Documents, and all additional examinations, investigations, explorations, 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 Documents 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 to 7, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents
thereof.
7.8. Addendum number 1, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through eight with each sheet bearing the following general
title: Gulley Park and Finger Park Pavilions.
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).
Page 5 of 7
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, 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.
Page 6of7
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 RECREATION DIVISION PROJECT MANAGER on their behalf.
This Agreement will be effective on ote t.»ai.0 14 2008 (which is the Effective
Date of The Agreement).
CITY OF FAYETTEVILLE:
[CORPORATE SEAL]
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;FAYETTEVILLE:
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Address for giving notices
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CONTRACTOR
PORATE SEAL] ; f
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" If a Corporation, attest by the Secretary.
Address for giving notices
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/oat._ Ate 9z9<C
(If CITY OF FAYETTEVILLE is a public body, attach License No.
evidence of authonty 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.)
Page 7 of 7
CNA 9/30/2008 3:43 PM PAGE 4/006' Fax Server
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Western Surety Company
PERFORMANCE BOND
Bond Number: 70593891
KNOW ALL PERSONS BYTHESE PRESENTS, Thatwe Zachary 6 Associates, Inc.
a
320 N. Bloomington, Ste. E, Lowell, AR 72745
referred to as the Principal, and
Western Surety Company
hereinafter
as Surety, are held and firmly bound unto City of Fayetteville
of 113 W. Mountain. Fayetteville. AR 72701hereinafter
Seventy -Six Thousand Three Hundred Thirty -Seven and
referred to as the Obligee, in the sum of 00/100
Dollars (5 76,337.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severely, firmly by these presents
WHEREAS, Principal has entered into a contract with Obligee, dated the 16th day of September
2008 tOr2 Pavilions For Thp r'ity rf Fayp.tpvillp Parks and Rprrpation
NOW, THEREFORE, If the Principal shall faithfully perform such contract or shall Indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
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 alter the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND,OATED this 30th day or September
Forth F4597
SEP -30-2008 15:44
4
.1
2008
Zachary 6 Associates, Inc.
(Principal)
mit (Seal)
MIKE ADR S UTTRELL Attorney -in
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OD%
Western Surety Company
PAYMENT BOND
Bond Number: 70593891
KNOW ALL PERSONS BY THESE PRESENTS, That we Zachary & Associates. Inc.
of
320 N. Bloomington, Ste. E, Lowell, AR 72745
referred to as the Principal, and Western Surety Company
hereinafter
as Surety, are held and firmly bound unto City of Fayetteville
of 113 W. Mountain. Fayetteville. AR 72701 hereinafter
Seventy -Six Thousand Three Hundred Thirty -Seven and
referred to as the Obligee, in the sum of o 0/100
Dollars ($76, 337 . 00 ) for the payment of which we bind ourselves, our legal representatives, successors
and assigns, Jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee dated 16th day of septerter ,
2008 for 2 Pavilions For The City of Fayetteville Parks and Recreation
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwlse to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date an which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shaft be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond, shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this
SEP -30-2008 15:44
•
30th day of
September
2003
Western Sure
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Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
7 05 938 91
Know All Mn By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Palle, South Dakota (the'Company'1, does by these presents make,
constitute and appoint MIKE _ADRIAN LUTTRELL
its true and lawful attorney(!) -in -fat. with full power and authority hereby confessed, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Zachary & Associates, Inc.
Obligee: City of Fayetteville
1
mount $500,000.00
and to bind the Company thereby as fully and to the same stent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s}in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
'Section 7. All bonds, polities, undertakings, Powers of Attorney or other obligation. of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vire President or by such ether
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or aganta who shall have authority to issue bonds, policies, or undertaking! in the name of the Company.
The corporate seal is not necessary for the validity of any bunds, policies, undertakings, Powers of Attorney or other obligatiora of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
2009 , but until such time shall be irrevocable and in full farce and effect.
In Witness Whereat Western Suety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
and its co qa, i to be affixed this 30th day of September 2008
iaC Ti.
* WEST SURE COMPANY
Sap89014\4 ftsiVi
FIT
i ) F
�S A rtr
ST � 6LrnTHf A
co��T v ss
IA
On this 30th day of September ,in the yaar 2009 ,bafore me, a notary public,personaily appeared
Paul T. Brufiat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and aekmowledged said instrument to be the voluntary act and deed
of said corporation.
May 15
Paul T. Bmflaf(9etier Vice President
•MMM.M..•.i.M •
• D. KRELL
NOTRPV maLICa�=!=
SOWN CM07011 Ili
•....w s....,.... •
My Commission Expires November 30, 2012
Mary Public - South Dakota
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full farce and effect and in irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereat I have hereunto set my hod and seal of Western Surety Company this 30th day of
September 2008
Form F5S069•2005
SEP -30-2008 15:43
s
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ACKNOWLEDGMENT OF SURETY
STATE OF Arkansas (Attorney -in -Fact) Bond No. 70523991
COUNTY OF Vlashi ng ton
On this Ciiirlday of epie,+.,.ber , before me, a notary public in
and for said County, personally appeared MIKE ATIRTAN 1 UTTRET,T
to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said MIKE ADRIAN LUTTRELL
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at .. '`" , -
Soringdale Arkansas the day and yeaiinstabovewritten
M
mmission expires
ci, d Notary Public
CC!! ,,:, -
nun 106-4-2000 -
SEP -30-2008 15:44
93V. P.06
1!
NOTICE TO PROCEED
TO: Zachary & Associates, inc.
DATE October 1, 2008
PROJECT: Construction of Gulley Park and Finger Park Pavilions
You are hereby notified to commence WORK in accordance with the Contract dated on
September. 16. .2008 and you are to substantially complete the WORK within seventy-five
consecutive calendar days thereafter and have the Work complete and ready for final payment
within twenty consecutive calendar days thereafter. The date for Substantial completion is
therefore December 15. 2008. The date for final completion is therefore January 5, 2009.
CITY OF FAYETTEVILLE, ARKANSAS
City of Fayetteville
By: Carole Jones P E
Park Planner
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED)_s hereby acknowledged
(8477 R - this the is day of (5=-o ss -02, 2008.
By:
Title:
Carole
0 :s
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
16 -Sep -08
City Council Meeting Date
Conniemohston Parks and Recreation Operations
ubmitted By Division
Action Required:
Department
A resolution awarding Bid #08-62 and approval of a contract with Zachary & Associates, Inc. in the amount of
$76,337.29 with a 15.0% project contingency of $11,450.59 for a total project cost of $87,787.88 for the
construction of Gulley Park and Finger Park Pavilions.
$87,788
Cost of this request
2250.9255.5806.00
Account Number
05001.0801 (Gulley)
02013.0805 (Finger)
Project Number
Budgeted Item
x
$137,0001
Category/Project Budget
Funds Used to Date
$137,000
Remaining Balance
Budget Adjustment Attached
Neighborhood Park Development
Program Category / Project Name
Park Improvements
Program / Project Category Name
Parks Development
Fund Name
Department
11
'rector
6 29 o
Previous Ordinance or Resolution #
Date Original Contract Date:
City Attorney
.VIC20A q . LL
Finance and Internal Service Director
Mayo
Date
9-'znog
Date
Date
Original Contract Number:
Received in City Clerk's 0
Fa6i-OS en
Received in Mayors Office
oR
•
Comments:
City Council Meeting of Septemberl 6, 2008
Agenda Item Number
CITY COUNCIL AGENDA. MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
.64
Connie Edmonston, Parks an Recreation Dire r
From: Carole Jones, Park Planner
Date: August 29, 2008
RE: Construction of Gulley Park iid Finger Park Pavilions
RECOMMENDATION
A resolution awarding Bid #08-62 and approval of a contract with Zachary & Associates,
Inc. in the amount of $76,337.29, with a 15.0% project contingency of $11,450.59 for a
total project cost of $87,787.88 for the construction of Gulley Park and Finger Park
Pavilions.
BACKGROUND
Citizens are requesting large pavilions similar to Walker Park's pavilion to hold social
events such as birthday parties, family/friend gatherings and such. A new pavilion at
Gulley Park for $67,000 is in the 2008 budget. Staff felt a better bid would be received by
requesting two pavilions on the same bid. The existing pavilion at Finger Park will be
replaced with a new, larger pavilion.
On June 2, 2008, the PRAB approved a budget adjustment of $70,000 for the Finger Park
Pavilion project from the SW Park Land Dedication Fund in 2008. The realloction of
funds was approved by the City Council on June 17, 2008.
DISCUSSION
The project was advertised on August 8 and 22, and bids were opened on August 29,
2008. Six vendors including Zachary & Associates, Inc., Arkoma Playgrounds & Supply,
Noland Construction, Pick -It Construction, Inc., Tomlinson Asphalt Co., Inc and Perme
Excavating submitted bids Zachary & Associates, Inc. was the low bid in the amount of
$76,337.29. If approved, the construction of the project will begin in October 2008 and
will be completed in January 2009.
BUDGET IMPACT
This project is funded with Park Land Dedication Funds from the Southwest Park District
($70,000) and the Northeast Park District ($67,000). Total project cost including a 15.0%
contingency is $87,787.88. The annual maintenance cost for the project is anticipated to
be negligible.
Attachments:
PRAB Minutes June 2, 2008
Bid Tabulation Sheet
Contract Signed by Contractor
Purchase Requisition
Page 1 of 1
i
Davidson said after voting on item six, PRAB now needed to vote on the $31,000 from
the Mountain Ranch Trail Construction.
Bitler wanted to know the footage and width of the trail.
Jumper said it was 1,791 feet long and 12 feet wide.
P. Jones said he was going to recuse from the vote, because he works with the
contractor.
PRAB Motion: Hatfield motioned to accept the staff recommendation on item
five. Biendara seconded the motion. Motion passed 5-0-0 by voice vote.
6. SW Park Land Dedication Budget Adjustment Request: Connie Edmonston,
Parks & Recreation Director
The Southwest Park Land Dedication Fund is required to expend $126,634 by the
end of 2008. The Park Planners have been very busy in addition to their Park
projects, working on the plans of the Downtown Square project, as well as serving
as the Urban Forester during the vacancy of this position. These duties were not
known when the budget was created in August of 2007 for 2008 expenditures.
The current Wilson Park trail renovation project, which includes the addition of
lights, has a dedicated budget of $217,000 in 2008. It would be difficult to spend
$126,634 by the end of 2008 as complete plans and specifications are necessary to
bid the project. A topographical survey of Wilson Park is in the process of being
completed and an Electrical Engineer will be hired to design the trail lights. Since
this project began, it has become apparent the $217,000 will not be enough to
renovate the trail and provide lights.
The $69,000 attributed to redirecting the trail across the swimming pool parking
lot and installing a bridge that would move the trail around the perimeter of the
softball field to the Castle area will be combined with the trail renovation/lighting
project. Staff suggests to proceed with the planning documents for Wilson
trail/light project, but move $75,000 from this project to projects that could be
completed by December 2008. In the 2009 capital projects, we would make it a
high priority to provide enough funds to complete the Wilson Trail/light project.
In addition, Staff will have a better estimate of how much it will cost to complete
this project.
Staff is also requesting other adjustments to the Southwest Fund due to projects
having contingency funds left and the addition of the Mountain Ranch Project
request above.
Harmony Pointe Park will cost $2,904 less than proposed. The
remaining $4,000 will complete a park entry sign.
PRAB Minutes June 2, 2008 4
2. Wilson Pool Rock Wall will cost $15,000 with the Parks
Maintenance Staff demolishing the existing structure which is a
savings of $15,000.
3. Citizens are requesting large pavilions similar to Walker Park's
pavilion to hold social events such as birthday parties,
family/friend gathers and such. A new pavilion at Gulley Park is
in the budget for 2008 and staff believes a better bid will be
received by requesting two pavilions on the same bid. Finger Park
needs a new, larger pavilion and is a project that could be
completed this year. The budget for the Finger Park pavilion
would be $70,000.
In summary, Staff is requesting the following projects to be approved for the SW
Park Land Dedication Fund in 2008. If this is approved by PRAB, it will need to
go before City Council for final approval.
Projects Complete in 2008 Continue into 2009
Harmony Pointe Park Entry Sign: $ 4,000
Wilson Park Trail/Lights $13,000 $129,000
Wilson Park Trail/Walk Bridge $ 69,000
Wilson Pool Rock Wall $15,000
Mountain Ranch Trail $31,000
Finger Park Pavilion $70 000
$133,000
($126,634 required to be completed in 2008)
See Park Land Dedication Budget Adjustment forms.
Staff Recommendation: Approval of proposed SW Park Land Adjustment.
Bitler asked if the Wilson Park Trail and Bridge would be done before the pool
opening next year in 2009.
Edmonston said yes, and it will be high priority.
Bitler wanted to know the anticipated total cost amount that will be required to
complete the project.
Edmonston said that Parks will have that figure after the electrical contractor is
hired.
C. Jones said it would be over $100,000.
Bitler wanted to know how much money is in the developmental fund.
Edmonston said that each year it is a little over a million dollars.
Davidson asked what would happen if Parks doesn't spend it. Would it go back to
the developers?
PRAB Minutes June 2, 2008 5
Edmonston said yes, but that's never happened.
Bitler asked if Finger Park was used much by citizens.
Edmonston said that some citizens use it, and it's getting more usage.
Wright said that we need to have bigger pavilions available for people to use.
Bitter wanted to know how many pavilions are available in Fayetteville Parks.
Edmonston said there are ten pavilions, both large and small.
Davidson asked if PRAB needed to recommend this budget adjustment to the City
Council.
Edmonston said yes, because Parks is trying to plan the budget.
Biller said that this is fine, but he is still concerned about not knowing what the
Wilson Park project and bridge will cost.
C. Jones said she will work on the cost.
Bitter wanted to know if that, even if we can't complete the whole project, will
Parks consider still doing it.
C. Jones said yes, but hopefully the whole project will be done in 2009.
Waite commented that he is anxious to get a concrete schedule and get the project
done, because he lives in the neighborhood.
C. Jones said that it needs to meet ADA standards, if feasible financially.
Biendara asked if Parks has any more projects to do.
Edmonston said that there is a huge list.
Bitter asked how the projects are prioritized.
Edmonston replied that they are decided in a staff meeting.
C. Jones said that the SW part of town needs a good pavilion.
Bitter again asked if the Wilson Park bridge would get done next year.
Edmonston said it would be high priority.
Hatfield wondered if Parks had considered hiring someone to help.
Jumper said that the budget doesn't allow it.
Hatfield said that the cost of the project increases every year that it is put off.
Edmonston said that Parks doesn't have adequate staff.
PRAB Minutes June 2, 2008 6 3/
PRAB Motion: Bitler motioned to make the recommendation to the City Council
to adjust the budget for the SW Park land and to accept the Staff recommendation.
P. Jones seconded it. Motion passed 6-0-0 by voice vote.
7. Regional Park Update: Connie Edmonston, Park & Recreation Director
Edmonston said she hasn't heard anything.
Bitler said he was nervous. He's not sure the regional park will happen.
Edmonston said that Southpass is tying us up. She will forward the information to
Southpass that PRAB is getting anxious.
Davidson suggested that we wait until next month to give them a little more time.
Edmonston said that the only recourse is to go before the City Council.
Davidson said that we need a plan B for Southpass.
Edmonston said that the City has made a commitment.
Davidson said that PRAB's responsibility is not to have all the eggs in one basket,
but to have options.
Edmonston said she shared his concerns, and would inform Southpass of all these
concerns.
8. Other Business:
Edmonston told PRAB that Jeff Coles is leaving Parks in order to accept a
promotion as the Assistant Transportation Manager for the City.
Wright announced the public meeting for the future park on Fairlane. The meeting
is June 18, 2008 at 5:30.
C. Jones discussed the Gulley Park Stream Restoration (319 grant). There is a
section in the park that is much worse than Red Oak. City Engineering is heading
the project. Elk Construction is a specialist in this type of project. They won't
remove too many trees. The purpose of this project is to reduce the erosion to
improve water quality.
Bitter asked if the work would just be in the park boundaries.
C. Jones said yes.
Davidson wanted to know what PRAB was being asked to do.
PRAB Minutes June 2, 2008 7
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RESOLUTION NO.
A RESOLUTION TO AWARD BID # 08-62 AND APPROVE THE
CONTRACT WITH ZACHARY AND ASSOCIATES TO BUILD
THE. GULLEY PARK AND FINGER PARK PAVILIONS AT A
COST OF $76,337.29 WITH A CONTINGENCY OF.$11,450.59
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
#08-62 and approves the contract with Zachary and Associates to build the Gulley Park and
Finger Park Pavilions at a cost of $76,337.29 with a contingency of $11,450.59.
PASSED and APPROVED this 16`h day of September, 2008.
APPROVED:
By:
ATTEST:
By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Little Hack, Arkansas 72201-1094
a
.4i
SliUZE I ARY , of SNFE
Y
b q
.Sharon Ti -jest
SECRETAIn OF S'rATE
�o.91(1to "Whom These Tresents Sha((C'ome, (Treettntis:
I. Sharon 'Priest, Secretary of State of.ilrkansas, do hereby
certify that the fo((oiving and hereto attachedinstruntent of writing is
a true andpeiject copy of
Articles of Incorporation
ZACHARY & ASSOCIATES, INC.
ORIGINAL ARTICLES FILED:
May 13, 2002
In ?estimony'Whereof,, I have hereunto
set my fiandandaffixedmy official Seal
Done at my office in the City of Little Rock,
this 13th day of .T4ay 2OO2.
Secretury of State
r
onaruu rlie . '
a
Starr Capitol. Little Rock. Arkansas 722.01-1094. 501-682-3409 •.7 in .: i: 6
r ,I
Insb url{nn:: rite in OUfLIC n=E: wish the Arkansas Seerm ary or Slate Slate Ca pim!. Little rock. iv'Y.n nsns 7J.1.01-1094. with ._
payment of lees. Dupliento copy •.ill he returned to the Corpora bon al the lived address.
ARTICLES OF INCORPORATION
or
ZACHARY & ASSOCIATES, INC.
Ile, the undersigned, natural persons of the age twenty-one (21) years
'• or more, acting as incorporators of a corporation pursuant to the
provisions of the Arkansas Business Corporation Act of 19R7, do hereby
adopt the following Articles of Incorporation:
1. The name of the corporation is ZACHARY b ASSOCIATES, INC.
2. The period of its duration is perpetual.
3. The purposes for which the corporation is organized are:
' I (a) To engage in the business of contracting, sales, design,
construction. maintenance and repair of commercial,
industrial and residential real estate and personal
property, and to do every other act and thing commonly
done by persons in such business.
(b) To acquire, own, mortgage, pledge, sell or assign or to
transfer, dispose of, invest, deal in and with, real and
personal property and services of every class and
�. .) description; and
lnr. i
- ! (c) To carry on any other trade or business not contrary Co
law and to exercise all of the powers enumerated in
Section 4-21-302 of the Arkansas Business Corporation Act.
s,lI
4. The total number of authorized shares of the corporate stock of
yc .t the corporation is two thousand (2,000) shares of common stock
of no par value.
5. The address of the initial registered office of this
corporation is 911 S 23", Rogers, AR 72758, and the name of its registered agent at such address is Matthew T. Zachary.
G. The name and address of the incorporator is:
{ Matthew T. Zachary, 911 $ 23`d, Rogers, Arkansas 72758.
7. The initial number of directors of the corporation shall be two
(2).
t
SECRETARY OF STATE
Sharon Priest
SECRETARY OF STATE
70 jilito Whom These Presents Shaft Come, Greetings:
I, Sharon Priest, Secretary of State of .'Arkansas, dr hereby
certify that the folColving andhereto attached instrument of writing is
a true andperfect copy of
REGISTERED FICTITIOUS NAME
OF
ZACHARY CONSTRUCTION
FOR
ZACHARY & ASSOCIATES, INC.
filed in This Office
May 13, 2002
In Testimony Whereof, I have hereunto
set my handandaffixedmy officiaCSeaC
Done at my office in the City of Little Rock,
this ,3th Jay of 2Way 2002.
eo 4LSecretary of State
__.-w-v
11
n 1111
State Capitol . Little Rock, Arkansas 72201-1094 . 501-682-3409 -
li:
06
APPLICATION FOR FICTITOUS NAME
Pursuant to the provisions of the Arkansas Business Corporation Act, the' undersigned
corporation hereby applies for the use of a fictitious name and submits herewith the following
statement:
1. The fictitious
name under which the business
is being,
or will be conducted by this
corporation is:
ZACHARY CONSTRUCTION.
2. The character of the business being or to be conducted under such fictitious name is:
3. a) The corporation name of the applicant and it's date of qualification in Arkansas
are: ZACHARY & ASSOCIATES INC. MAY 2002.
b) The State of incorporation is: ARKANSAS.
c) The location (city and street) of the registered office of the applicant corporation in
Arkansas is: 911 323rd, ROGERS AR 72758.
Signature: -
President or other off s Chairman b�,he Board)
Address: 911 523rd. Rogers A 2758.
INSTRUCTIONS:
Prepare this form in duplicate, send to Secretary of State's Office. State Capitol. Little Rock. Arkansas. Duplicate
copy will be returned to the corporation and must be filed with the County Clerk in the county in which the
eotporabon's registered office is located.
Fee $25.00
I
C
1
From: Clarice Pearman
To: Edmonston, Connie; Jones, Carole
Date: 9.19.08 5:26 PM
Subject: Res, 171-08
Attachments: 171-08 Zachary & Associates.pdf
CC: Audit; Vice, Peggy
Ladies:
Attached is a copy of the above signed resolution passed by City Council, September 16, 2008 regarding Zachary &
Associates. I am forwarding your requisition to Purchasing. Please let me know if there is anything else needed for this
item. Have a good day.
Thanks.
Clarice
Fund Name
—171-08
9/16/2008
Carole Jones
SubmittBy
of Change Order #1
Cost of this reauest
2250.9255.5806.00
Account Number
05001.0801
02013.0805
Project Number
Budgeted Item
City of Fayetteville
Staff Review Form
Contracts
N/A
City Council Meeting Date
Parks and Recreation
Division
to
Action
nc.
Cateaorv/Proiect Budget
$38,341'
$57,787
Funds Used to Date
$27,125
$12,213
Remaining Balance
Operations
Department
Budget Adjustment Attached O
Neighborhood Park Development
Program Category / Project Name
Park Improvements
Program / Project Category Name
Parks Development
3'cc€ Previous Ordinance or
Depa ment Di cto Date Original Contract Date:
Original Contract Number:
Date
w113 W. Mountain St.
Fay7Ltevl \j Fayetteville, AR 72701
ARKANSAS Telephone: (479) 444-3472
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations
Byron Humphry, Parks and Recr ation Maintenance Superintendent
From: Carole Jones, Park Planner
Date: December 10, 2008
Subject: Construction of Gulley Park and Finger Park Pavilions Change Order No. I
BACKGROUND
Finger Park contains approximately 19 acres and is located at 1525 South East Farmers Drive.
The park is located in the southwest quadrant of town west of Interstate 540 and south of Sixth
Street (U.S. Highway 62). Gulley Park contains approximately 28 acres and is located at 1850
East Township Street. The park is located in the northeast quadrant of town east of College
Avenue (U.S. Highway 71B) and north of Township Street. This project includes the
construction of a 20' x 24' rectangular pavilion with picnic tables, grills, benches and associated
sidewalk at each park.
DISCUSSION
Resolution number 171-08 was approved at the September 16, 2008 City Council meeting for
construction of the project. Notice to proceed was issued on October 1, 2008. The layout of the
pavilion at Finger Park was adjusted in the field by the Park Planner and the Contractor to avoid
damage to the surrounding trees. The revisions to the layout resulted in approximately 28 CY of
additional excavation, approximately 20 CY of additional structural fill, approximately five CY
of additional Class 7 base and approximately five SY of additional concrete. The changes also
resulted in approximately 15 SY of additional sidewalk to access the pavilion. In addition, an
extra concrete pad with an extra picnic table and grill is requested for the Finger Park project. At
Gulley Park, an irrigation line had to be relocated to move it from the pavilion site.
Sufficient funds are available in both projects for the requested changes.
Parks and Recreation staff recommends approving Change Order #1 resulting in an increase of
$5,721.53. This amount is within the project contingency of $11,450.59 leaving a balance of
$5,729.06 in contingency.
Page 1 of l
CHANGE ORDER NO.
Cost Plus
Project Name and Number: Construction of Gulley Park and Finger Park Pavilions
Name of Contractor: Zachary & Associates, Inc
Address of Contractor: 320 N. Bloomington St. Suite "E', Lowell, AR 72745
Date of Contract: September 16, 2008
Pre -Agreed Unit Price X
Original Contract Sum:
$ 76,337.29
Total Amount of All Previous Approved Change Orders:
$ 5,721.53
Contract Sum prior to this Change Order:
$ 76,337.29
Contract Sum increase this Change Order:
$ 82.058.82
New Contract Sum including this Change Order:
$ 82,058.82
Subject and reason for this Change Order: The layout of the pavilion at Finger Park was revised by the Park Planner
rotating grill was added to the Finger Park project. An additional 25 days is also requested to complete the project
resulting in a final completion date of January 30, 2009
Additional Time Requested: 25 Calendar Days
Dated this 10'" day of December 2008
CITY OF FAYETTEVILLE
Parks & Re ation Division
By:
Carol nes, Park Planner
CITY OF
Mayor
Zachary & Associates. Inc.
Contractor
By:
Title: �t
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Clarice Pearman - Zachary
From: Clarice Pearman
To: Jones, Carole
Date: 12.16.08 5:37 PM
Subject: Zachary
CC: Audit
Attachments: Audit
Carole:
Attached is a copy of the change order for Zachary & Associates. Please let me know if there is anything else for this item.
Have a good day.
Thanks
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\4947E764F... 12.16.08
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A
City Council Meeting Date
Agenda Items Only
Carole Jones Park Planning
SubmlttiljBy Division
Action Required:
Approval of Change Order #2 (see attached) to Zachary & Associates, Inc
$1,760
$2,135
Cost of this request
2250.9255.5806.00
Account Number
05001.0801
02013.0805
Project Number
Budgeted Item
$36,304
$28,651
Category/Project Budget
$10,179
$24,631
Funds Used to Date
$26,125
$4,020
Remaining Balance
Budget Adjustment Attached Q
Parks and Recreation
Department
Neighborhood Park Development
Program Category / Project Name
Park Improvements
Program / Project Category Name
Parks Development
Fund Name
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Date
Date
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Date
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Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
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Received in City
Clerk's Office
jfEA'�
Received in
Mayor's Office
171-08
9/16/2008
Revised January 15, 2009
17ayeV �1tt W. MouRair St.
01phone:(479 44 -3472 Telephone: (479)444-3472
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DEPARTMENT CORRESPONDENCE
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
Connie Edmonston, Director of Parks and Recreation
From: Carole Jones, Park Planner
Date: April 9, 2009
Subject: Construction of Gulley Park and Finger Park Pavilions Change Order No. 2
Finger Park contains approximately 19 acres and is located at 1525 South East Farmers Drive.
The park is located in the southwest quadrant of town west of Interstate 540 and south of Sixth
Street (U.S. Highway 62). Gulley Park contains approximately 28 acres and is located at 1850
East Township Street. The park is located in the northeast quadrant of town east of College
Avenue (U.S. Highway 7113) and north of Township Street. This project includes the
construction of a 20' x 24' rectangular pavilion with picnic tables, grills, benches and associated
sidewalks at each park.
Resolution number 171-08 was approved at the September 16, 2008 City Council meeting for
construction of the project. Notice to proceed was issued on October 1, 2008. Change Order No.
I included revisions to the layout of the 20' x 24' rectangular pavilion at Finger Park and the
addition of a concrete pad with an extra picnic table and grill. Change Order No. I was approved
on December 10, 2008.
The layout of the extra concrete pad at Finger Park was adjusted in the field by the Park Planner
and the Contractor to avoid damage to the surrounding trees. The revisions to the layout resulted
in approximately 37 CY of additional excavation, approximately 20 CY of additional structural
fill, approximately 17 CY of additional Class 7 base and additional site restoration (topsoil, seed
and straw). In addition, the construction entrance at Finger Park had to be re-established due to
excessive use by Ozarks Electric Cooperative before and after the ice storm on January 27, 2009.
Finger Park contains a large utility easement, and the utility poles have recently been upgraded.
Ozarks Electric donated some additional stone for the entrance, and the Contractor and City staff
used the stone to re-establish the entrance. The Contractor will also be required to restore the
additional area with topsoil, seed and straw once the project is completed. The construction
entrance is required by the City Storm Water Engineer and ADEQ.
Page I of 2
At Gulley Park, revisions to the layout of the pavilion were required to avoid damage to the
surrounding trees resulting in approximately 32 CY of additional excavation, approximately 18
CY of additional structural fill, approximately 14 CY of additional Class 7 base and additional
site restoration (topsoil, seed and straw).
Sufficient funds are available in both projects for the requested changes.
RECOMMENDATION
Parks and Recreation staff recommends approving Change Order #2 resulting in an increase of
$3,895.00. Change Order #1 was approved in the amount of $5,721.53. These combined change
order amounts are within the project contingency of $11,450.59 leaving a balance of $1,834.06
in contingency. This is the final change order for these projects.
Attachments:
Staff Review Form
Change Order #2
Zachary & Associates, Inc. Cost Estimate
Page 2 of 2
Y aeev1e
ARKANSAS
CHANGE ORDER NO.
Cost Plus
Project Name and Number: Construction of Cuilev Park and Finger Park Pavilions
Name of Contractor: Zachary & Associates. Inc
Address of Contractor: 320 N. Bloomington St. Suite "E", Lowell, AR 72745
Date of Contract: September 16.2008
Pre -Agreed Unit Price X
Original Contract Sum:
$ 76.337.29
Total Amount of All Previously Approved Change Orders:
$ 5.721.53
Contract Sum prior to this Change Order:
$ 82,058.82
Contract Sum Increase this Change Order:
$ 3.895.00
New Contract Sum Including this Change Order:
$ 85.953.82
Subject and reason for this Change Order: The layout of the extra concrete pad at Finger Park was revised resultin
in approximately 37 CY of additional excavation. 20 CY of additional structural fill. 17 CY of additional Class 7
base and additional site restoration. In addition, the construction entrance at the Finger Park project had to be re-
established due to excessive use by Ozarks Electric before and after the ice storm in January 2009. The layout of the
pavilion pad at Gulley Park was revised resulting in approximately 32 CY of additional excavation. I S CY of
additional structural fill. 14 CY of additional Class 7 base and additional site restoration. An additional 60 days is
also requested to complete the projects resulting in a final completion date of March 31.2009.
Additional Time Requested: 60 Calendar Days
Dated this 9'" day of April 2009
CITY OF FAYETTEVILLE
Parks & creation Divisio
By: ( a ,
Carole Jones, Par anner
CITY OF AYETTEVILLE
By.
Mayorfi an
Zachary & Associates, Inc.
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Page I of I
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Page 1 of!
Clarice Pearman - Zachary & Associates
From:
Clarice Pearman
To:
Jones, Carole
Date:
4.15.09 11:12 AM
Subject:
Zachary & Associates
CC:
Audit
Attachments:
Audit
Carole:
Attached is a copy of your staff review item regarding Zachary & Associates LLC C01 & CO2. Please let me know if there is
anything else needed for this item. Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E5 C 125FA... 4.15.09