ORD NO 05-2023 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.06-2023
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
.AUTHORIZE A CONTRACT FOR THE VAN BUREN SKATE
PARK, LOCATED.AT CITY PARK, FROM AMERICAN RAMP
COMPANY; FOR THE APPROPRIATION OF FUNDS;
DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren and the Parks and Recreation Commission.have held several
public meetings for input from the citizens of the city concerning the design and
construction of the skate park;and
WHEREAS, the cost of this agreement shall not exceed One Million and Two-Hundred Thousand
Dollars($1,200,000.00)which includes the description of work on the attached"Exhibit
A"• and
r WHEREAS, the City Council has determined,pursuant to A.C.A. § 14-58-302 that exceptional
circumstances exist which render the competitive bidding process to not be practical or
feasible;and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor is authorized to enter into a contract(Exhibit"A")with American Ramp
Company in the amount of$1,200,000.00.
SECTION 2: The City Council in accordance with the terms of A.C.A. § 14-58-302 hereby waives the
requirement of competitive bidding and directs the Mayor to purchase the above
described for the price set forth in Section 1 above.
SECTION 3: The Mayor and City Cleric are hereby authorized by the City Council for the City of Van
Buren to execute all documents,contracts,and agreements necessary-to effectuate this
Ordinance.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of k for and against,the foregoing Ordinance at its regular meeting
held on the 231 day of January 2023.
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SOURCEWELL DESIGN-BUILD AGREEMENT
THIS AGREEMENT is made this_day of ,2023, by and between the
city of Van Buren (hereinafter called "OWNER"), whose principal office is located at 1003
Broadway St, Van Buren, AR 72956, and American Ramp Company, (hereinafter called
"CONTRACTOR"),whose principal office is located at 601 S. McKinley Ave,Joplin,MO 64801.
PROJECT: Van Buren Skatepark
LOCATION: 1335 Cily Park Rd,Van Buren,AR 72956
PR03ECT NUMBER:
WITNESSETH•
For value received, CONTRACTOR and OWNER agree as follows:
ARTICLE 1
DESCRIPTION OF WORK
1.1 The CONTRACTOR hereby covenants and agrees with the OWNER that he will
well and faithfully construct the project in accordance with each and every one of the conditions,
covenants, stipulations, terms and provisions contained in the specifications, drawings, and
general conditions relating to the project, and will well and faithfully comply with and perform
each and every obligation imposed upon him by said documents.
1.2 DESIGN: Finalize Conceptual Design and necessary Construction Documents
1.3 CONSTRUCTION: Skatepark structure as determined by design meetings,
conceptual and construction documents). Scope of work is limited to the footprint of the
skatepark as included as Exhibits to this contract as follows:
• Exhibit A—Scope of Work
ARTICLE 2
CONTRACT AMOUNT
2.1 OWNER agrees to pay CONTRACTOR the sum of One Million and Two-
Hundred Thousand Dollars($1,200,000.00),plus any applicable taxes,subject to additions
and deductions for changes as may be agreed upon in writing. CONTRACTOR may bill his work
progressively based on quantities installed.
2.2 All portions of this contract will be billed in progress billings to be submitted to the
OWNER by the CONTRACTOR based on the following milestones:
25%At Signing of Contract
25% Upon Completion of Design
25% Upon Construction Kickoff
25% Upon Completion of Construction and Sign Off
All progress billings are due in full within 15 days of receipt of invoice from CONTRACTOR.
2.3 Execution of any Attachments and/or Add Alternates will be bound by all terms
and conditions of the Agreement. If any changes are determined necessary, ARC will issue a
change request to the owner for approval prior to performing work.
2.4 RCompietion of the Project" shall be deemed the earlier of 1.) the date Owner
executes Contractor's punch-list/sign-off sheet, or 2.) The date the Owner opens the Project to
the public for permanent use.
2.5 All pricing of the skatepark elements is to be in line with ARC's Sourcewell contract
#112420-ARC.
ARTICLE 3
INSURANCE AND INDEMNITY
3.1 CONTRACTOR shall maintain at its cost the following minimum insurance and
coverage throughout the term of the Agreement: Both (1) Comprehensive General Liability and
(2) Comprehensive Automobile Liability Insurance covering liabilities for property damage and
bodily injury, including death, at the minimum amount of One Million and No/100 Dollars
($1,000,000.00) per occurrence. Contractor must maintain Workers Compensation with the limits
required by federal and state law and Employer's Liability Insurance of not less that$1,000,000
per accident for injury and $1,000,000 per employee for disease with a$1,000,000 disease policy
limit.
3.2 CONTRACTOR agrees to indemnify and hold harmless OWNER from any and all
claims,loss,or expense of every kind whatsoever which may arise from CONTRACTOR'S negligent
acts or omissions or breach of its obligations hereunder. OWNER agrees to indemnify and hold
harmless CONTRACTOR from any and all claims,loss,or expense of every kind whatsoever which
may arise from OWNEWs negligent acts or omissions or breach of its obligations hereunder.
ARTICLE 4
CONTRACTOR'S AND OWNER'S RESPONSIBILITIES
4.1 No variation of this agreement will be recognized unless such change has been
approved in writing
4.2 CONTRACTOR may assign or transfer this Agreement or any part thereof or
amounts due or to become due hereunder with the written consent of OWNER, which shall not
be unreasonably withheld. OWNER understands that CONTRACTOR may subcontract the
Installation portion of this Agreement using independent Subcontractors without the consent of
OWNER.
4.3 CONTRACTOR will in no way be liable for delays in the completion of the Project
which are reasonably beyond the control of CONTRACTOR, including but not limited to: Acts of
God, labor strikes,shortage of materials,shipping delays or actions attributable to the Purchaser.
4.4 After the final inspection and completion of the Project, all repair/replacement
Issues regarding the Project and the materials shall be determined under the terms set forth In
CONTRACTOR's standard warranty.
4.5 During construction the entire job site is considered hazardous. Before,during and
after construction, OWNER is responsible for securing the job site. OWNER is responsible for
barricading the premises and warning persons of the dangers at the jobsite. Under no
circumstances may the skatepark be skated or ridden until final completion of the Project.
CONTRACTOR will not be held liable for and OWNER shall hold CONTRACTOR harmless from any
accidents that occur because ramps/rails were used before the Project was complete unless
accidents are caused by negligence of the CONTRACTOR.
4.6 Both during construction and after completion, CONTRACTOR shall not be held
liable for damages beyond its control Including but not limited to: noise generated from the
Project, before and after final completion, not including construction related noise, location
choice,graffiti, injuries,additional expenses incurred by Purchaser,zoning issues,etc.
4.7 Building permits and other local licenses that are required for the Project are the
sole responsibility of the OWNER. If CONTRACTOR is required to purchase these licenses, such
costs will be billed to the OWNER and added to the contract price hereunder.3
4.8 All materials and workmanship are to conform to the contract drawings, details
and specifications and the owner's Standards for Construction.
ARTICLE 5
MISCELLANEOUS
5.1 The persons signing this Agreement warrant that they are duly authorized to sign
on behalf of their respective parties and to bind their respective parties hereto. This Agreement
shall inure to the benefit of and be binding upon the undersigned parties and their respective
heirs,executors,legal representatives,successors and assigns. No waiver of any provision of this
agreement shall be deemed, or shall constitute,a waiver of any other provision,whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver. If any provision of this agreement is held to
be invalid or unenforceable,all other provisions shall nevertheless continue in full force and effect.
5.2 The parties shall endeavor to resolve their Claims by mediation. Request for
mediation shall be filed, in writing, with the other party to the Contract. The request may be
made concurrently with the submission of such Claim to a court of competent jurisdiction, as
provided in the paragraph below, but, in such event, mediation shall proceed in advance of such
legal proceedings,which shall be stayed pending mediation for a period of 60 days from the date
of submission, unless stayed for a longer period by agreement of the parties or court order.
5.3 Claims,disputes or other matters in question between the parties arising out of or
relating to this Contract and which cannot be resolved by mediation, as provided in above
paragraph, shall be governed by Arkansas law and shall be determined exclusively in the Courts
of Crawford County, AR without regard to its conflicts of law provisions. The prevailing party
shall be entitled in any such action to recover its reasonable attorney's fees and legal expenses
from the other party.
.......... ......................................._
5.41 This agreement constitutes.the entire agreement between the,parties pertaining
to its subject matter, and it supersedes all prior contemporaneous agreements, representations,
and understandings of the parties. No supplement,modification,or amendment of this agreement
shall be binding unless executed in writing by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
OWNER: CONTRACTOR:
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a ����t''t Rrm:American Ramp Comoanv
.Authorized Signature: Authorized Signatur..
Name Print; - Name Print: _S cs
Date Executed: "' Date Executed: 23 2-3
**** NOTE_= EXHIBIT A,WHICH.DESCRIBES THE WORK TO BE PERFORMED,
ATTACHED TO THIS AGREEMENT. ****
SCOPE OF WORK
TASK 1.0-CONSTRUCTION PHASE
1.1 CUSTOMER PROVIDES*:
• Geotechnical Report—If a current geo-technical report is available, it shall be the
responsibility of the Client to provide ARC with the report(if applicable) prepared
specifically for the project site. Should an existing report be available it shall be a
maximum of 1 year old. If the report is over 1 year old,the original firm preparing
the report shall issue a letter testifying that the report is still valid and no corrections
or updates need to be prepared for the report.The letter shall be dated within 30
days of ARC's receipt of the Geotechnical report.The report shall be completed and
sealed by a Geotechnical Engineer registered in the state where the project site is
located.At a minimum the report is to include the following;vicinity map of the
project limits, plot plan/aerial showing location of borings,detailed description of the
findings and recommendations, a detailed report of the laboratory tests performed,
and an executive summary stating general findings and recommendations.
• Survey and Mapping—The Client shall provide ARC with a current survey locating all
above and belowground utilities, appurtenances, structures, and easements. *The
survey shall be in digital format that can easily be used with AutoCAD software.
• Sufficient water and electrical power within 100 feet of work areas.
• Unobstructed,safe,and continuous access to work area with heavy equipment.All
weather roads for heavy equipment.
• All necessary site information including topography, site surveying,and elevations.
1.2 INCLUDES*:
• All labor,construction project management,supplies,tools, materials,and
equipment required per scope of work
• Site Staking and Layout
• Cutting and shaping grades within skatepark footprint
• Installation of Rebar
• Install and Finish Shotcrete
• Concrete Flatwork
• Concrete ledges,steps,and turndown walls
• Expansion joints, Saw Cuts and Cold Joints
• Pipe coping edgings, rails
• Park Sealing
• Fine Grading
1.3 EXCLUDES*:
• Demo of existing pool and pool building
• Rough grading of site once is pool is removed to within 8 inches of final finish
• Erosion and Sediment Control
• Stabilized Construction Entrance
• Landscaping, Site and Turf Restoration post skatepark construction
• Sidewalks/Walkways and Site Amenities of any Kind
• Permits, fees and/or engineering and stamping.
• Utility,mechanical, electrical,plumbing work, relocation, or repairs of any kind.
• Toxic or hazardous material handling or removal
• Removal and/or replanting of any trees or shrubs or protection of trees and shrubs
****All items above can be provided for an additional fee.
I Task 1.0 Deliverables:
• Fully constructed skatepark
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Skatepark Engineer's Estimate: $1,200,000.00
Engineer's Estimate is based on the following assumptions,
She/Foundation-
A. Grade area to 6"depth,grubbing,remove dirt,required fill.
B. Native soil subgrade compacted to 95%standard proctor.
C. Minimum of 4"thick aggregate base course compacted to 95%standard proctor.
D. Structural Fill or EPS Foam(Geofoom)for lifts.
Reinforced Concrete Flotwork:
A. 4"concrete slab
a. Min 4000 PSI compressive strength at 28 days.
b. 94 steel rebar at 16"Q.C.grid unless otherwise specified or determined by geo-technical report.
c All rebar shall be toll bent.
d. Air entrainment percentage of 4%•6%unless adjusted because of aggregate size or exposure as per ACI
301 and ASTM C 260.
e. 6"xl2"perimeter downturn.
f. AB exposed outside concrete comers shall recefyo 03/4"chamfer or t/s"tooled radius.
g. Concrete finish will be smooth resulting from A3 posses with power trowel.
h. Saw Cut Joints will be cut at approx.8'-T 2'grid spacing day after pour.
1. Cold Joints to have waterstop placed prior to final pour of adjacent slab.
1. If no goo-technical report Is provided,Pivot Custom assumes existing sub-grade has sufficient bearing EXCLUDES*.
capacity. If unsuitable soil Is found additional costs for over excavation and import fill may apply.
A. Permits and fees: Any necessary permttjsj will be acquired by others.
i 8. Site testing and Inspeuions,concrete cylinders,engineering,surveying,density tests,or other testing services.
C. Prevailing wages or bonding of any kind.
D. Utility,m6chonical,electrical,plumbing work,relocation or repairs of any kind.
I B. 6"concrete slab E. Professional services provided by Architects,Surveyors,Engineers(Civil,Architectural,Electrical,Gen-tedmkal,Industrial,
9 a. Min 4D00 PSI compressive strength at 28 days. Structure,etc)
b. #4 stool rebar at 16"O.C.grid unless otherwise specified or determined by goo-technical report. F. Location specific stamped drawings.
c. All rebar shall be cold bent G. Landscaping,drainage,or site restoration of any kind.
d. Air entrainment percentage of 4%-6%unless adjusted because of aggregate size or exposure as per ACI H. Toxic or hazardous material handling or removal.
301 and ASTM C 260. L Mass excavation or backfill,controlled fill,import or export fill material. Excavation for our scope of work is included.
e. All exposed outside comet*comers shall iecoive 03/4"chomfer or hI/V tooled radius. 1. Pedestrian protection,walkways,dust protection,temporary enclosures,protection of work or adjacent items,
f. Concrete finish will be smooth resulting from 2-3 passes with power trowel. K. Soil treatment,termite treatment,topsoil,reseeding,hydro sending,or sod.
g. Saw Cut lakes will be at approx.Ir-12'grid spacing day after pour. L Rock excavation,material that cannot be removed with standard shovel or rubber tire backhoo.
IL Cold Joints to have woterssop placed prior to final pour of adjacent slab. M. Dewatering,silt fence,soil stabilization,erosion control,street cleaning,and traffic control.
I. If no goo-technical report Is provided,Pivot Custom assumes existing sub-grade has sufficient bearing N. Waterproofing,damp-proofing,sealants,epoxies,caulking,hardeners,etc.
capacity. if unsuitable soil is found additional costs for over oxcavatron and import fill may apply, O. Removal and/or replanting of any trees or shrubs.
Reinforced Sculptural Sholcrole: CUSTOMER PROVIDES*,
A. 6"concrete A. Sufficient water,light,and electrical power within 50 feet of work areas.
a. Min 40D0 PSI compressive strength. B. Unobstructed,safe,and continuous access to work area with heavy equipment.All weather roads for heavy equipment.
b. #3 robot steel reinforcing at 12'O.C.grid unless otherwise specified or determined by geo-technical report. C. Site Security(any vandalism or destruction that should occur from insufficient security shall be the responsibility of the client,)
C. All robar shall be cold bent D. Protection of underground utilities in the area of the construction.
d. Air entrainnent percentage of 4°/r6%unless adjusted because of aggregate size or exposure as per ACI E. Any site specific information in a digital format(topography,drainage,structures,obstructions,etc.)
301 and ASTM C 260. P. Current field survey locating all above.and below•ground utilities,appurtanances,structores,and oasements. If a current
e. All exposed outside concrete comers shall receive a't/d'chamfer or Yz"tooled radius. survey does not exist It shall be the responsibility of the Client to coordinate the on-site mapping and development of a
f. Sholcrete finish will be smooth resulting from hand trowel unless otherwise noted. topographic map showing sire contour with spot elevations that do not exceed y elevation Intervals in a DWG format br
g. Sawcuts will bead at approx.8'-12'spoerng day after pour. other AutoCAD usable format.
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]ojalln,MO(i Van Buren,AR Engineer Estimate November 80 2022 Pa:li
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