A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH HY TECH CONSTRUCTION, IN AN AMOUNT NOT TO EXCEED $4,708,000, FOR THE CONSTRUCTION OF THE SOUTHERN COMMUNITY PARK (2007-05-07/R-3)

WHEREAS, the Town of Chapel Hill solicited formal bids on the Town website on April 18, 2007 and in the Greater Diversity News on April 19, 2007 in accordance with G.S. 143-128 for the Southern Community Park Project ; and

WHEREAS, four responsive bids were received and opened on April 26, 2007;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and execute a contract with the lowest responsive bidder, Hy Tech Construction, in an amount not to exceed $4,708,000 for the construction of the Southern Community Park, including the base bid of $3,750,000 and the following add alternates:

Park Amenities South of Dogwood Acres Drive (add $390,000)

Pedestrian Crossing Dogwood Acres Drive (add $18,000)

One-Half Northern Parking Lot (add $200,000)

Second-Half of Northern Parking Lot (add $200,000)

Northern Access Drive (add $150,000)

BE IT FURTHER RESOLVED by the Town Council that the Town Manager is authorized to alter the park construction program if the Town’s request to use $925,000 of Orange County funds designated for the Bolin Creek Trail is denied.

BE IT FURTHER RESOLVED by the Town Council that the Town Manager is authorized to alter the park construction program if the administrators’ of the Parks and Recreation Trust Fund grant require a different use of the funds than that selected by the Council.

BE IT FURTHER RESOLVED by the Town Council that, because this project is a large and complicated construction project the Town Manager is authorized to approve change orders up to a total of $355,000 (project contingency), but not to exceed the combined total project cost of $5,063,000 (construction cost plus contingency) without additional Council action.

This the 7th day of May 2007.