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HomeMy WebLinkAbout33-10 RESOLUTIONRESOLUTION NO. 33-10 A RESOLUTION AWARDING BID #10-15 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $122,027.00 FOR CONSTRUCTION OF IAMS DOG PARK AT BRYCE DAVIS PARK, AND APPROVING A 10% PROJECT CONTENGENCY 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 #10-15 and approves a contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, with Sweetser Construction, Inc. in the amount of $122,027.00 for construction of Iams Dog Park at Bryce Davis Park, and approves a ten percent (10%) project contingency. PASSED and APPROVED this 16th day of February, 2010. APPROVED: ATTEST: By. IO LD JO , Mayor 804.44, ,O,n447,4_, SONDRA E. SMITH, City Clerk/Treasurer "G\®m. o. �G G\TY o �•. A4i9 FAYEITEVILLE: NISiet Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the /Io'' day of -31-0 in the year 2010 by and between the City of Fayetteville, Arkansas (hereinafter calle CITY OF FAYETTEVILLE) and Sweetser 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 This project includes constructing a water line extension, electric line extension, installing a pavilion (provided by others), fencing, picnic tables, sidewalks, benches, tree plantings and associated concrete paving at Bryce Davis 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 the Construction of lams Park at Bryce Davis 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.B & 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 Bid 10-15 Page 1 of 8 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) 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. Bid 10-15 Page 2 of 8 PAYMENT ITEMS As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 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 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 Bid 10-15 Page 3 of 8 Sweetser Construction, Inc. ITEM DESCRIPTION UNITS QUAN. UNIT PRICE TOTAL 1 MOBILIZATION (1) L.S. 1 $3,500.00 $3,500.00 2 BID BONDS AND INSURANCE LS. 1 $1,500.00 $1,500.00 3 EXCAVATION SAFETY L.S. 1 $100.00 $100.00 4 SITE PREPARATION LS. 1 $5,500.00 $5,500.00 5 WATER LINE EXTENSION-APPROX. 1038 L.F. (5) LS. 1 $15,000.00 $15,000.00 6 ELECTRIC LINE EXTENSION-APPROX. 1130 L.F. (5) L.S. 1 $6,780.00 $6,780.00 7 FILL COMPLETE IN PLACE (5) CY 469 $10.00 $4,690.00 8 UNCLASSIFIED EXCAVATION (5) CY 612 $10.00 $6,120.00 9 POST AND 3 RAIL FENCE W/ BLACK VINYL CHAIN LIP L.F. 1125 $12.00 $13,500.00 10 4' CHAIN LINK GATES (5) EA. 3 $195.00 $585.00 11 6' CHAIN LINK MAINTENANCE GATES (5) EA. 2 $290.00 $580.00 13 PAVILION FOOTINGS (5)(6) LS. 1 $2,400.00 $2,400.00 12 SILVA CELLS- INSTALLED (5) EA. 64 $250.00 $16,000.00 14 CONCRETE MOW STRIP 4" x 18" (5) S.Y. 190 $40.00 $7,600.00 15 CONCRETE - 4" THICK W/ INTEGRAL COLOR (5) S.Y. 106 $44.00 $4,664.00 16 CONCRETE - 4" THICK, NO COLOR (5) S.Y. 114 $32.00 $3,648.00 17 CONCRETE - 5" THICK SHELTER SLAB (5) S.Y. 145 $48.00 $6,960.00 18 SANDBLAST AND PAINT PAVILION (7) L.S. 1 $3,000.00 $3,000.00 19 PICNIC TABLES -COMPLETE IN PLACE (11) EA. 2 $1500.00 $3,000.00 20 BIKE RACK -COMPLETE IN PLACE (11) EA. 2 $300.00 $600.00 21 6' BENCHES -COMPLETE IN PLACE (11) EA. 2 $1,000.00 $2,000.00 22 DRINKING FOUNTAIN WITH DOG BOWL- COMPLETE EA. 1 $6,300.00 $6,300.00 23 QUERCUS PHELLOS-WILLOW OAK (9), ACER SACCHARUM (4), ACER RUBRUM (6), CARYA LS. 1 $5,000.00 $5,000.00 24 SITE RESTORATION LS. 1 $3,000.00 $3,000.00 TOTAL $122,027.00 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 11.03.8 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 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 Bid 10-15 Page 3 of 8 aggregate of payments previously made and Tess such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 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 14.02.8.5 & 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 14.02.6.5 & 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.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 14.07.6 & 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. Bid 10-15 Page 4 of 8 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 furnishing 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 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. Bid 10-15 Page 5 of 8 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 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents thereof. 7.8. Addenda numbers 1-2, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through eleven with each sheet bearing the following general title: Construction of lams Park at Bryce Davis. 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 Bid 10-15 Page 6 of 8 become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION 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. Bid 10-15 Page 7 of 8 This Agreement will be effective on 4)41' Effective Date of The Agreement). CITY OF FAY.TTEVILLE: B ayor [CORPORATE SEAL] Attest 0160 A 4 I. • 14.11, , i fT Secretary. Aimilmsto Y® mG� Address for giving nigkles :FAYETTEVILLE: e RA S� i'9s�° l � P O �eS 1;11 `�G' aON° G°oo> , 2010 (which is the SWEETSER CQN Bv: N, INC. [CORPORATE SEAL] *Attest * If a Corporation, attest by the Address for giving notices (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.) Bid 10-15 Page 8 of 8 Alison Jumper Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/16/2010 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department A resolution awarding Bid #10-15 and approval of a contract with Sweetser Construction, Inc. in the amount of $122,027 with a 10% project contingency of $12,203 for a total project cost of $134,230 for the construction of lams Dog Park at Bryce Davis. 134,230.00. Cost of this request 2250.9255.5806.00 Account Number 02013.0902 02013.0802 Project Number Budgeted Item 475,000.00 Category / Project Budget 183,424.00 Funds Used to Date 291,576.00 Remaining Balance Budget Adjustment Attached [= Neighborhood Park Development Neighborhood Park Development Program Category / Project Name Parks Development Parks Development Program / Project Category Name Donations Parks Development/PLDO (NW) Fund Name eDirecto pao Ade ttorney P4 o k ;— d Date Date Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 141-09, 06-10 onlimmionolgammeneriro Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director r/. From: Alison Jumper, Park Planning Superintendent In Date: February 4, 2010 "� Subject: Bid # 10-15 Construction of lams Dog Park at Bryce Davis PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Dr. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park will now serve as a community park for the northwest quadrant of the City. A master plan for the park has been developed and is being constructed in phases. Phase one includes the addition of a restroom which is currently under construction. Future phases include the construction of a dog park, walking path, fishing pier, pavilion and picnic areas. On June 16, 2009, the City Council passed Resolution Number 141-09 authorizing City Council to accept a donation from Procter and Gamble in the amount of $30,000 to contribute to the development of a dog park (see attached resolution). On January 5, 2010 the City Council passsed Resolution Number 06-10 authorizing the Mayor to apply to the Arkansas Department of Parks and Tourism for a General Improvements Fund Grant in the amount of $160,000 for improvements to Bryce Davis Park. If this grant is received it will help fund subsequent phases of the master plan development. The bid for the construction of the dog park advertised on January 18th and 25th and opened on February 3rd. Six vendors including Alpha Building Corporation, Danny Robinson Construction, LLC, Fochtman Enterprises, Inc., Kim Hoadley Construction Company, Inc., Midland Construction, Inc. and Sweetser Construction, Inc, submitted bids with Sweetser Constrction, Inc. being the low bid in the amount of $122,027. If approved, the construction of the dog park is anticipated to begin in late February and be completed in April 2010. RECOMMENDATION: A resolution awarding BID #10-15 and approval of a contract with Sweetser Construction, Inc. in the amount of $122,027 with a 10% project contingency of $12,203 for a total project cost of $134,230 for the Construction of Iams Dog Park at Bryce Davis. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: The project is funded with Park Development funds. The contract with Alpha Building Corporation for the restroom encumbered $175,534 leaving approximately $291,576 for the remaining phases. The project cost for the dog park including a 10 % contingency is $134,230. Attachments: Iams Dog Park Location Map Resolution No. 141-09 Resolution No. 06-10 Bid Tab Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #10-15 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $122,027.00 FOR CONSTRUCTION OF LAMS DOG PARK AT BRYCE DAVIS PARK, AND APPROVING A 10% PROJECT CONTENGENCY 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 #10-15 and approves a contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, with Sweetser Construction, Inc. in the amount of $122,027.00 for construction of Iams Dog Park at Bryce Davis Park, and approves a ten percent (10%) project contingency. PASSED and APPROVED this 16th day of February, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer aye evlle BID: 10-15 DATE: 02/03/10 TIME: 3:00 PM CITY OF FAYETTEVILLE Bid 10-15, Construction of lams Park at Bryce Davis 1 Alpha Building Corporation $7,466.00 $12,390.00 $3,847.00 $132,708.00 2 Danny Robinson Construction, LLC $5,890.00 $13,120.00 $7,000.00 $131,352.00 3 Fochtman Enterprises, Inc. $7,790.00 $16,640.00 $3,720.00 $131,594.00 4 Kim Hoadley Construction Co., Inc. $5,200.00 $11,200.00 $5,035.00 $144,526.00 5 Midland Construction, Inc. $7,980.00 $15,168.00 $4,500.00 $183,968.00 6 Sweetser Construction, Inc. $7,600.00 $16,000.00 $5,000.00 $122,027.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P u.� P. VICE PURCH MGR cZOSto WITNESS ATE City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) All purchases under $2500 shall be used on a P -Card unless medical or 1099 service related (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail: Purchasing@cifayetteville.ar.us Requisition No.: Date: 2/4/2010 dumber: Expected Delivery Date: Vendor* 56870 Vendor Name: SweetserConstruction, Inc. Mail Yes:_ No: Address: 590 West Poplar Fob Point: Taxable Yes:_ No: Quotes Attached Yes. x_ No: City: Fayetteville State: AR Zip Code: 72703 Ship to code: Divi -.n : ad , •.ral: %� IRK* Requester. Alison Jumper Requeste s Employee #: 2369 ` 469 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory # Fixed Asset # 1 2 3 4 5 6 7 8 9 10 Construction, of lams Park at Bryce Davis Per Bid # 10-15 1 Is 92,027.00 $92,027.00 2250.9255.5806.00 02013!0802 Construction of lams Park at Bryce Davis 1 Is 30,000.00 $30,000.00 2250.9255.5806.00' 02013:0902 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipping/Handling Lot $0.00 - Special Instructions: Subtotal: Tax: Total: $122,027.00 $122,027.00 Approvals: Mayor: Finance Dispatch Department Budget Manager: Utilities Manager: Director: Purchasing Manager: & Internal Services Director: Manager: IT Manager: Other: Revised 1/2/2008 Alison Jumper Submitted By , City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/16/2010 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department A resolution awarding Bid #10-15 and approval of a contract with XXXXXXXXXX, Inc. in the amount of $XX,XXXX with a 10% project contingency of $XXXX for a total project cost of $XXXXXX for the construction of lams Dog Park at Bryce Davis. Cost of this request 2250.9255.5806.00 Account Number 02013.0902 02013.0802 Project Number Budgeted Item 111/3111 475,000.00 Category / Project Budget 183,424.00 Funds Used to Date 291,576.00 Remaining Balance Budget Adjustment Attached Neighborhood Park Development Neighborhood Park Development Program Category / Project Name Parks Development Parks Development Program / Project Category Name Donations Parks Development/PLDO (NW) Fund Name //'iiia. 4111 4/461 4.4.4 le mnt Directo (•.---r ity Attorney Yo,A 04. Finance and Internal Services Director l Date -Z7-/0 Date " la "24113 Date Date /A'70 Da e Previous Ordinance or Resolution # 141-09, 06-10 Original Contract Date: Original Contract Number: Comments: Revised January 15, 2009 le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director(/o, From: Alison Jumper, Park Planner Date: January 19, 2010 Subject: Bid # 10-15 Construction of lams Dog Park at Bryce Davis This bid will open on February 1. An updated memo, staff review and purchase requisition will be provided at Agenda Session. PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Dr. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park will now serve as a community park for the northwest quadrant of the City. A master plan for the park has been developed and is being constructed in phases. Phase one includes the addition of a restroom which is currently under construction. Future phases include the construction of a dog park, walking path, fishing pier, pavilion and picnic areas. On June 16, 2009, the City Council passed Resolution Number 141-09 authorizing City Council to accept a donation from Procter and Gamble in the amount of $30,000 to contribute to the development of a dog park (see attached resolution). On January 5, 2010 the City Council passsed Resolution Number 06-10 authorizing thel Mayor to apply to the Arkansas Department of Parks and Tourism for a General Improvements Fund Grant in the amount of $160,000 for improvements to Bryce Davis Park. If this grant is received it will help fund subsequent phases of the master plan development. The bid for the construction of the dog park advertised on January 18th and 25th and opened on February 1st XXX vendors including XXXXXXXXX submitteed bids with XXXXXX being the low bid in the amount of $XXX,XXX. If approved, the construction of the dog park is anticipated to begin in late February and be completed in April 2010. THE CITY OF FAYETTEVILLE, ARKANSAS RECOMMENDATION: A resolution awarding BID #10-15 and approval of a contract with XXXXXXXXX. in the amount of $XXXXXX, with a XX% project contingency of $XXXXXXX for a total project cost of $XXX,XX for the Construction of Iams Dog Park at Bryce Davis. BUDGET IMPACT: The project is funded with Park Development funds. The contract with Alpha Building Corporation encumbered $175,534 leaving approximately $XXX,XXX for the remaining phases. The project cost for the dog park including a XX % contingency is $XXX,XXX. Attachments: Iams Dog Park Location Map Resolution No. 141-09 Resolution No. 06-10 Bid Tab Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #10-15 AND APPROVING A CONTRACT WITH IN THE AMOUNT OF $ FOR CONSTRUCTION OF LAMS DOG PARK AT BRYCE DAVIS PARK, AND APPROVING A 10% PROJECT CONTENGENCY OF 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 #10-15 and approves a contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, with in the amount of $ for construction of Iams Dog Park at Bryce Davis Park, and approves a ten percent (10%) project contingency of PASSED and APPROVED this 16th day of February, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. 06-10 A RESOLUTION AUTHORIZING TI -IE MAYOR TO APPLY TO THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM FOR A GENERAL IMPROVEMENT FUND GRANT IN THE AMOUNT OF . $160,000.00 FOR IMPROVEMENTS TO BRYCE DAVIS PARK WHEREAS, the City of Fayetteville recognizes the need to provide public recreation facilities for its citizens and visitors; and WHEREAS, the City wishes to apply for general improvement funds through the Arkansas Department of Parks and Tourism to provide programs, maintain, or fund improvements at Bryce Davis Park; and WHEREAS, the Mayor and City Council understand that if granted funds for park development, the City must account for fund expenditures and complete the project prior to June 30, 2011; and WHEREAS, the City of Fayetteville will sign a contract agreeing to provide necessary resources to maintain Bryce Davis Park and its facilities for a period of fifteen (15) years; NOW, THEREFORE, 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 authorizes - the Mayor to submit an application for a general improvement fund grant in the amount of $160,000.00 to the Arkansas Department of Parks and Tourism for improvements Bryce Davis Park. PASSED and APPROVED this 5`1' day of January, 2010. APPROVED: B ATTEST: By: `` ✓ °t'nAki .)M SONDRA E. SMITH, City Clerk/Treasurer /cnrr• FAYETTEVILLE: : ���i,NGTO31Y RESOLUTION NO. 141-09 A RESOLUTION ACCEPTING A DONATION FROM PROCTER & GAMBLE IN THE AMOUNT. OF $30,000.00 TO FUND A PORTION OF THE DEVELOPMENT COSTS FOR A DOG PARK AT BRYCE DAVIS PARK; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYE,TTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts a donation from Procter & Gamble in the amount of $30,000.00 to fund a portion of the development costs for a dog park at Bryce Davis Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the revenue. PASSED and APPROVED this 16`day of June, 2009. APPROVED: ATTEST: By:w--_---- By: 9"i c 60414ELDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer GC Y ✓ / \ 'ter f es COL T ' (2) equisi io o.: a e: 'City Of Fayetteville -Purchase Order(P0) Request (Not a Purchase order) . Number: xpectec i rat All purchases. under $2500 shall be used on a P -Card unless medical or 1099 service related. (Call x256 with questions) - 42,4/2010 VVV Aft PO uest shall bescanned to the Purchasing e-mail: Purchasing@ci.fayettevilIe.ar.us =- en or 56870 en or a?Ti� Sweetser Construction, Inc. Mail es: No ddi�s .. ... obP�iVnt: V V V V l�x�bl� Quotes c e 590 West Poplar Yes: No:es:_x_ No: City: tate: CR Zip Code: Iship to code: Divisoneaa Approval: Fayetteville w 72703 Requester: Requester's Employee #:extension: Alison Jumper 2369 469 Item Description Quanti Unit fissue Unit Cost Extended Cost Account Numbs , Project/Subproject # Inventory # Fixed Asset # 1 Construction of lams Park at 1 Is 122,027.00 $122,027.00 2250.95806.00 02013.0802 Bryce Davis Per Bid # 10-15 2 $0.00 ' 3 $0.00 e 4 !0'' 5 ' $0. 6 $0.00 7 VV V VV VV $0.00 8 : $0.00 9 $0.00 10 Shipping/Handling / Lot $0.00 peciai instructloVns: Subtotal: $122,027.00 Tax: Total: $122,027.00 Appr vats: Maygr: Department Director 0z Purchasing Manager: 11 � .. Finamce & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revise 1 200 PAYMENT AN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERFORMANCE Hartford, Connecticut 06183 N Doe ID: 013331150005 Type: LIE BOKind: PERFORMANCE BOND Recorded: 03/05/2010 at 09:40:15 AM Fee Amt: $35.00 Pane I of 5 Washington County, AR Bond No.: 105398442 Bette Stamos Circuit Clerk File KNOW ALL PERSONS BY THESE PRESENTS, That we, Sweetser Construction Inc., as principal, (hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of One Hundred Twenty Two Thousand Twenty Seven and 00/100 Dollars ($122,027.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated , to perform construction work for furnishing all labor and materials for Construction of lams Park at Bryce Davis, Fayetteville, AR ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments Payment and Performance Bond - Page 1 of 3 thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing of all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is 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, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in 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. 10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unused penal sum of this bond, or such portion Payment and Performance Bond - Page 2 of 3 thereof that will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 25th day of February, 2010. Sweetser Construction Inc. (P ' cipal) By: William Sweetser Travelers Casualty and Surety Company of America By: -' Robert M. Davis, Attorney -in -Fact Payment and Performance Bond - Page 3 of 3 POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 215938 Certificate No. 0 0 3 0 6 3 4 7 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert M. Davis, and Cheryl Ann Pankey of the City of Fayetteville , State of Arkansas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2008 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 6th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company IY B Jyo05E na kc \^~N I �9 ,•�'j...rygUgQ •.., gJp�TY ANOs � A�,c 4< 'lp's � gFOR .y a°4 :. ............ �:- 4 94 �.Y 1�i (1 6 NiC0RPD1I4iED m"s 0 M�1F ;WOpPORATf':1�: w J H4RiF6FW;'� •,,, ,: o: w CONN. n �CONN. 1.SEAL;os �; O ..._�SEAL:'a= o (\� �..........�D`t' a. �.. .r'�an 'sb gat �1 , v�•� �� 1S•...... r , r R� '�"�v� uu Atfd State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 6th day of August 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. AUBU� * Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CERTIFICATE OF LABLTI ' V® ® I CSR S.,p DATE(MM/DD/YYYY) NSURANCESWEET-1 02/25 10 PRODUCER Eason Insurance Agency 2340 Green Acres Rd, Suite #10 P.O. Box 4217 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fayetteville AR 72703 Phones 479-521-2233 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Cincinnati Insurance Co 10677 INSURER B: INSURER C: SWEETSER CONSTRUCTION INC. INSURER D: 590 W. Poplar Fayetteville AR 72703 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A J1GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR CPP0828832 10/30/09 10/30/10 EACH OCCURRENCE $ 1,000, 000 PREMISES(Eaoccurence) $ 500, 000 MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1, 000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY flPRO LOC JECT PRODUCTS - COMP/OP AGG $ 2, 000, 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPA0828832 10/30/09 10/30/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMSMADE DEDUCTIBLE RETENTION $ CPP0828832 10/30/09 10/30/10 EACH OCCURRENCE $ 5, 000, 000 AGGREGATE $5,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC2113971 10/30/09 10/30/10 X TORY LIMITS ER E.L. EACH ACCIDENT $ 500000 -- E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITY0 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 113 W. Mountain Fayetteville AR 72701 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Robert Michael Davis ACORD 25 (2001/08) © ACORD CORPORATION I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Alison Jumper Submitt 1 By Park Planning Division Action Kequired: Parks and Recreation Department IStaff requests approving change order #1 with Sweetser Construction, Inc. in the amount of $10,560 for the Construction of lams Park at Bryce Davis (see attached memo). $ 10,560.00 Cost of this request 2250.9255.5806.00 Account Number 02013.0902 02013.0802 Project Number Budgeted Item 0 $ 475,000.00 Category / Project Budget $ 305,834.33 Funds Used to Date $ 169,165.67 Remaining Balance Budget Adjustment Attached I Date 9 -t --1Q Date Ia- L Financ and Internal Services Director Date Chief o S if Date M or ate Neighborhood Park Development Neighborhood Park Development Program Category / Project Name Parks Development Parks Development Program / Project Category Name Donations Parks Development/PLDO (NW) Fund Name Previous Ordinance or Resolution # 33-10 Original Contract Date: 2/16/2010 Original Contract Number: Received in City ENTERED Clerk's Office I 'j� Received in Mayor's Office Revised January 15, 2009 Zayjeevi e RKANSAS To: Thru: From: Date: Subject: Mayor Lioneld Jordan Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director0.6 t Alison Jumper, Park Planning Superintendent J April 5, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 Request for approval of change order #1 with Sweetser Construction, Inc. in the amount of $10,560 for the Construction of lams Park at Bryce Davis. PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Dr. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park will now serve as a community park for the northwest quadrant of the City. A master plan for the park has been developed and is being constructed in phases. Phase one includes the addition of a restroom which is currently under construction. The second phase includes the construction of Jams Dog Park. On February 16, 2010 City Coucil passed Resolution No. 33-10 awarding Bid # 10-15 and aproving a contract with Sweetser Construction, Inc, in the amount of $122,027 for the construction of Jams Park at Bryce Davis. Staff originally included using Silva Cells for the tree planting in the paving area. The cost of the material is high for the amount needed for the project. The distance from the tree to the open space is minimal, and staff has determined that structural soil can be used in its place for less cost. The reduction in contract for Silva Cells is $16,000. Approximately 48 c.y. of structural soil is needed to replace the Silva Cells for a cost of $5,280. Additionally approximately 760 linear feet of sidewalk was reflected in the drawings; however, not accounted for in the bid form and totals $21,280. The total addition in contract price for the sidewalk and structural soil is $10,560. RECOMMENDATION: Staff recommends approving change order #1 with Sweetser construction in the amount of $10,560. This amount is within with the the project contingency of $12,203, leaving a balance of $1,643 in contingency. BUDGET IMPACT: The project is funded with Park Development funds and has a total budget of $475,000. The contract with Alpha Building Corporation for the restroom encumbered $175,534 and the original contract with Sweetser Construction encumbered $127,027. Attachments: Staff Review Form Resolution No. 33-10 Sweetser Construction, Inc. Change Order No. 1 Cost Estimate Change Order No. I Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. 33-10 A RESOLUTION AWARDING BID #10-15 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $122,027.00 FOR CONSTRUCTION OF TAMS DOG PARK AT BRYCE DAVIS PARK, AND APPROVING A 10% PROJECT CONTENGENCY 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 #10-15 and approves a contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, with Sweetser Construction, Inc. in the amount of $122,027.00 for construction of Jams Dog Park at Bryce Davis Park, and approves a ten percent (10%) project contingency. PASSED and APPROVED this 16th day of February, 2010. APPROVED: ATTEST: Q SONDRA E. SMITH, City Clerk/Treasure....... *; 'G\TY D�•,VG • FAYETTEvJLl.E: ' • r(3/29/2010) Alison Jumper - lams Dog Park Page 1 From: "Charlie Miller" <charlie@sweetserconstruction.com> To: "Alison Jumper" <ajumper@ci.fayetteville.ar.us> Date: 3/27/2010 11:03 AM Subject: lams Dog Park Alison, I will be out of the office next week until Friday, so if you have any questions please contact Dennis or Email me I will be checking my emails. I did figure the soil for the tree cells, I figured them 10 X 10 X 30 inches and came up with 48 CY all total. I was able to trim our cost by installing the material in house. 48 CY at $110.00 per CY = $5,280.00 Price for the 5' walk with turn down edges will be $4.00 per LF. Maybe it will be dry when I return. Thanks, Charles W. Miller Estimator Sweetser Construction, Inc. 590 West Poplar Fayetteville, AR 72703 479-443-3026 / 479-263-9909 (Cell) Fax 479-442-0119 charlie@sweetserconstruction.com Name of Contractor: Sweetser Construction, Inc. Address of Contractor: 590 West Poplar, Fayetteville. AR 72703 Date of Contract: February 16.2010 Original Contract Sum: $ 122,027.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 122,027.00 Contract Sum increase this Change Order: $ 10,560.00 New Contract Sum including this Change Order: $ 132,587.00 Subject and Reason for this Change Order: Staff originally included using Silva Cells for the tree planting in the paving area. The cost of the material is high for the amount needed for the project. The distance from the tree to the open space is minimal, and staff has determined that structural soil can be used in its place for less cost. The reduction in contract for Silva Cells is $16,000. Approximately 48 c.y. of structural soil is needed to replace the Silva Cells for a cost of $5,280. Additionally approximately 760 linear feet of sidewalk was reflected in the drawings; however, not accounted for in the bid form and totals $21,280. The total addition in contract price for the sidewalk and structural soil is $10,560. Additional Time Requested: 0 Calendar Days Dated this 30th day of March 2010. CITY OF FAYETTEVILLE Parks & Recreation Department By: f V Alison Jumper, Park Pnning Superintendent CITY OF ZIYETTEVILL B Mayor Lio 44rdan ATTEST' c Sweetser Cons c. Co Itracto By: Title:._ ATTEy�T Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayettevifie, AR 72701 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Alison Jumper l4 Submitted By Park Planning Parks and Recreation Division Department Action rcequirea: requests approving change order #2 with Sweetser Constri truction of lams Park at Bryce Davis (see attached memo). $ - Cost of this request 2250.9255.5806.00 Account Number 02013.0902 02013.0802 Project Number Budgeted Item L.2 —j artment Direc City Attorney $ 475,000.00 Category / Project Budget Funds Used to Date $ 475,000.00 Remaining Balance Budget Adjustment Attached I 1 Q Finance and Internal Services Director i� hi of Siff 7/.. /1 I amount Neighborhood Park Development Neighborhood Park Development Program Category / Project Name Parks Development Parks Development Program / Project Category Name Donations Parks Development/PLDO (NW) Fund Name )2 -/ O Previous Ordinance or Resolution # 33-10 Date Original Contract Date: 2/16/2010 0 't Original Contract Number: Date °' i 3 - ZDt � Date Received in City Clerk's Officeum U$!M d `art -14d Date ENT EU Received in /3,! to Mayor's Office Revised January 15, 2009 lile ®ARKANSAS® To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director ( £' From: Alison Jumper, Park Planning Superintendent (23 Date: August 12, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P1479)444-3471 F(479)521-7714 Subject: Request for approval of change order #2 with Sweetser Construction, Inc. for the Construction of lams Park at Bryce Davis. PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Dr. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park will now serve as a community park for the northwest quadrant of the City. A master plan for the park has been developed and is being constructed in phases. Phase one includes the addition of a restroom which is currently under construction. The second phase includes the construction of Jams Dog Park. On February 16, 2010 City Coucil passed Resolution No. 33-10 awarding Bid # 10-15 and aproving a contract with Sweetser Construction, Inc, in the amount of $122,027 for the construction of Jams Park at Bryce Davis. Change order #1 in the amount of $10,560 was approved February 16th, 2010. The completion of a sidewalk along Dartmouth Drive is required as a condition of approval for this project. The sidewalk extension is approximately 250 linear feet long. Approximately 225 linear feet of the'walk will be 4" thick at $20/linear foot. ($4,500), and approximately 25 linear feet will be 6" thick at $42/ square yard. ($588) for a total of $5,088 for sidewalk. An additional $300 is needed to remove a concrete washout, backfill and restore the turf. Total change order amount is $5,388; however the cost will be covered by line items in the contract that are not being utilized. The original line item for fill complete in place ($4,690) will not be used. Approximately 18% of the line item for unclassified excavation was used, leaving $5,000; and only 85% of the concrete mowstrip was used leaving $1,160; and 92% of the line item for concrete sidewalk was used leaving $1,680 for a total of $12,530 in funds not used. RECOMMENDATION: Staff recommends approving change order #2 with Sweetser construction in the amount of $5,388. The total contract amount will remain unchanged. Certain line items are only being partially ulitized or not utilized at all. The cost for the sidewalk and construction entrance removal will be covered by items not used. A project contigency balance of $1,643 remains. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 �a ettv!lle ARKANSAS' THE CITY OF FAYETTEVILLE, ARKANSAS .,:. PARKS AND RECREATION DEPARTMENT a'. 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 BUDGET IMPACT: The project is funded with Park Development funds and has a total budget of $475,000. The contract with Alpha Building Corporation for the restroom encumbered $175,534 and the original contract with Sweetser Construction encumbered $127,027. Attachments: Staff Review Form Resolution No. 33-10 Sweetser Construction, Inc. Change Order No. 2 Cost Estimate Change Order No. 2 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Zayl• - e Vl e RKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 CHANGE ORDER NO. 1 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: Construction of lams Park at Bryce Davis Park, Resolution No. 33-10 Name of Contractor: Sweetser Construction, Inc. Address of Contractor: 590 West Poplar, Fayetteville, AR 72703 Date of Contract: February 16, 2010 Original Contract Sum: $ 122,027.00 Total Amount of All Previous Approved Change Orders: $ 10,56 0.00 Contract Sum prior to this Change Order: $ 132,587.00 Contract Sum increase this Change Order: $ 000000.00 New Contract Sum including this Change Order: $ 132,587.00 Subject and Reason for this Change Order: The completion of a sidewalk along Dartmouth Drive is required as a condition of approval for this project. The sidewalk extension is approximately 250 linear feet long. Approximately 2251.f. of the walk will be 4" thick at $20/ l.f. ($4,500), and approximately 251.f. will be 6" thick at $42/ s.y. ($588) for a total of $5,088 for sidewalk. An additional $300 is needed to remove a concrete washout, backfill and restore the turf. Total change order amount is $5,388. The original line item for fill complete in place ($4,690) will not be used. Approximately 18% of the line item for unclassified excavation was used, leaving $5,000; and only 85% of the concrete mowstrip was used leaving $1,160; and 92% of the line item for concrete sidewalk was used leaving $1,680 for a total of $12,530 in funds not used. Additional Time Requested: 0 Calendar Days Dated this 12 day of August 2010. CITY OF FAYETTEVILLE Parks & Recreation Department By: Alison Jumper, Park Pl g Superintendent CITY OF FAXETTEVII,L-4 Sweetser Construction, Inc. By: Title:�'�, n1 A © /`'---- ATTE Mayor L�ild Jordan JTREq ",, ATTE =��G� GPI Y •OF• SGP ° s s :FAYETTEVILLE: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701