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HomeMy WebLinkAbout128-06 RESOLUTIONRESOLUTION NO. 128-06 A RESOLUTION AWARDING RFP 06-14 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS IN THE AMOUNT OF $139,996.94 FOR THE PURCHASE AND INSTALLATION OF AN ADA ACCESSIBLE PLAYGROUND AT FINGER PARK; AND APPROVING A SEVEN PERCENT (7%) CONTINGENCY IN THE AMOUNT OF $9,843.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 06-14, and approves a Contract with Arkoma Playgrounds in the amount of $139,996.94 for the purchase and installation of an ADA Accessible Playground at Finger Park. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. • Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a seven percent (7%) contingency in the amount of $9,843 00. PASSED and APPROVED this 1st day of August, 2006. APPROVED: By: ATTEST: %G�•\T Y O,c SG L. ;/ 3 U• tt • :FAYETTEVILLE: %9s'•q:QKANS:; Jt3 1 1%,;NGTON G?I‘‘‘‘` Ulup1pg1 DAN COODY, Ma SOIVDRA SMITH, City Clerk City of Fayetteville RFP 06-14, Finger Park Playground Project Contract This contract executed this 1 day of PTO 2006, between the City of Fayetteville, Arkansas, 113 W Mountain, Faye PTO. Arkansas, 72701 and Arkoma Playgrounds and Supply at 93 Colt Square, Suite 5, Fayetteville, Arkansas 72703. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Arkoma Playgrounds and Supply at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid as stated in Arkoma Playgrounds and Supply proposal, and in accordance with specifications attached hereto and made a part hereof under RFP# 06-14, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay for completion of the project based on prices indicated in Arkoma Playgrounds and Supply proposal. Payments will be made after approval and acceptance of work and submission of invoices. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contractbetween the City of Fayetteville and Arkoma Playgrounds and Supply consist of this Contract and the following documents attached hereto, and made a part hereof: A. Form identified as RFP 06-14 with the specifications and conditions typed thereon. B. Arkoma Playgrounds and Supply proposal. C. The Notice to Prospective Proposers. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Arkoma Playgrounds and Supply and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Arkoma Playgrounds and Supply. 5. Arkoma Playgrounds and Supply shall not assign its duties under the terms of this agreement. 6. Arkoma Playgrounds and Supply agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Arkoma Playgrounds and Supply performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Arkoma Playgrounds and Supply shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Arkoma Playgrounds and Supply shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. 1. Workmen's Compensation: Statutory Amount Comprehensive General & Automobile Insurance $500,000 for each accident. 3. Bodily Injury Liability: $500,000 for each accident. 4. Property Damage Liability: $500,000 aggregate. The premiums for all insurance required herein shall be paid by Arkoma Playgrounds and Supply. 8. Arkoma Playgrounds and Supply to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Arkoma Playgrounds and Supply with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts 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, the 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. • • 11. Changes in scope or pnce: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 Fayetteville City Council in advance of the change in scope, cost or fees. 12 Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. 13. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate .any dispute. 14. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for' untimely" payments. 15. Lien Waivers: The contractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors, and sub - subcontractors. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: 'According to Arkansas law, it is understood that no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. The contractor shall have each subcontractor and sub - subcontractor and material supplier execute a written receipt evidencing acknowledgement of this statement prior to commencement of the work of the subcontractor or material supplier. "RK/T....... "'% ,` �E . .. ,£9s %, WITNESS OUR HANDS THIS DAY OF 4//(/��, , 2006. `.i"�G .c, S Y O;c •G�• ••�? r. V: 6, FAYETTEVILLE ; t: : �4 ;)1 y �6WANSP�J�I BY ,'G;o4 ATTR T Sondra ATTE Sttt3tr a pson, President BY CITY OF FAYETTEVILLE, FAY EVIL , ARKANSAS Y, Mayor BE - OMPSON, Owner ARKOMA PLAYGROUNDS & SUPPLY 93 COLT SQUARE DR., SUITE 5 FAYETTEVILLE, AR 72703 Connie Edmonston Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts 1 -Aug -06 City Council Meeting Date Parks and Recreation Division Action Required: ges i/ / ! °6 /, g 404014a- Plealag lPFP ah -Pi Operations Department A resolution awarding RFP 06-14 and approval of a contract with Arkoma Playgrounds and Supply in the amount of $139,996.94 with a 7% project contingency of $9,843 for a total project cost of $149,840, for the installation of an ADA Accessible Playground at Finger Park. $149,840.00 Cost of this request 2250.9255.5801.00 Account Number 02027.3 Protect Number Budgeted Item x 150,000.00 Category/Project Budget 160.00 Funds Used to Date 149,840.00 Remaining Balance Budget Adjustment Attached Playground and Picnic Improvement Program Category / Project Name Parks Development/Finger Park Program / Project Category Name Parks Development Fund Name law cepa ent Di ector City Attorney 1-C cco Date J 7flq/o6 Finan&and Internal Service Director Mayor r Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office ENTERED Received in Mayor's Office 11 ED Comments: City Council Meeting of August 1, 2006 • Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director From: Connie Edmonston, Parks and Recreation Director Date: July 13, 2006 RE• Finger Park Playground Award RECOMMENDATION A resolution awarding RFP 06-14 and approval of a contract with Arkoma Playgrounds and Supply in the amount of $139,996.94, with a 7% project contingency of $9,843 for a • total project cost of $149,840 for an ADA accessible Playground at Finger Park. BACKGROUND Charles J Finger Park is a 19 acre park located at 1525 East Farmers Road, southeast of the Walmart store. The land was purchased in 1983 with Community Development Block Grant Funds. A Master Plan of the neighborhood park was developed by Dr. Al Einert and approved by the Parks and Recreation Advisory Board. A wood playground was constructed in 1984. In 2003, the wood play sturcture was removed because it no longer met safety standards. Since the removal, citizens have requested for the playground to be replaced. Replacement was approved in the 2006 Capital Improvement Plan. DISCUSSION The contractor was selected through the Professional Selection method. RFP 06-14 was developed to request installation of an accessible playground at Finger Park for ages 2 to 12 years of age with surface tiles and approximately 315 s.y. of sidewalks leading to the playground site as well as the existing pavilion. Three vendors consisting of Arkoma Playground and Supply, RJR Enterprises, and Shields and Associates submitted designs. The designs were presented to the Professional Selection Committee on July 13, 2006. Arkoma Playgrounds and Supply was selected for this project. If approved, project will begin in the fall and completed in December. BUDGET IMPACT This project is funded with Park Land Dedication Funds from the Southwest Park District. Project is within the $150,000 budget. Attachments: Playground Design Contract RESOLUTION NO. A RESOLUTION AWARDING RFP 06-14 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS IN THE AMOUNT OF $139,996.94 FOR THE PURCHASE AND INSTALLATION OF AN ADA ACCESSIBLE PLAYGROUND AT FINGER PARK; AND APPROVING A SEVEN PERCENT (7%) CONTINGENCY IN THE AMOUNT OF $9,843.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 06-14, and approves a Contract with Arkoma Playgrounds in the amount of $139,996.94 for the purchase and installation of an ADA Accessible Playground at Finger Park. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a seven percent (7%) contingency in the amount of $9,843.00. PASSED and APPROVED this 1st day of August, 2006. ATTEST: APPROVED: ayor B y SIOIVDRA SIVIPTH, Ci CHARLES J. FINGER PARK PLAYBOOSTER COMPONENTS 5-12 YEAR OLD STRUCTURE Option #1 Gemini SlideWinder Slide The Ridge Sky Rail Climber Pod Climber Summit Climber beck Link Steps Orbiter Spinner Trapeze Horizontal Ladder Navigator Reach Panel (Ground Level - Wheelchair Access) Periscope on Pipe Barrier Playstructure Seat Turning Bar Hex Roof Firepole The ultimate climbing challenge! Let the new Vertical Ascent" Climber from Landscape Structures bring the excitement of the climbing wall experience to your playground. • Constructed from Permalene''', the same rugged, vandal -resistant material that we use for all of our play panels, the Vertical Ascent Climber is as durable as it is colorful. • More routes to the top! Vertical Ascent is designed to give kids an economical, challenging climbing -wall style experience complete with colorful, climbing gym -style handholds. • Large, easy -to -grasp handholds and footholds made of low-density Dualite`- Resin are securely mounted to the Permalene climbing surface using stainless steel, vandal -resistant hardware. • Vertical Ascent comes in a choice of 5 vibrant colors - red, green, blue, yellow and tan - and can be mounted to PlayBooster- deck heights of 48", 56", 64" and 72". 145624A 145624B 145624C 145624D Permalene Our custom -cut, high-density polyethylene used for interactive play panels, tables, handholds and signs is a colorful alternative to pipe barriers Permalene is strong, resists fading, and is easy to clean so your playground looks beautiful for years. Vertical Ascent, 48" Deck Vertical Ascent, 56" Deck Vertical Ascent, 64" Deck Vertical Ascent, 72" Deck 83 lbs. 91 lbs. 99 lbs 106 lbs. Challenge your kids with Vertical Ascent The Best In Play Is Just One Call Away 1.888.4FUNLSI playlsi.00m LANDSCAPE STRUCTURES Vertical AscentT" Climber ,��1 I The ultimate climbing challenge! a Let the new Vertical Ascent'" Climber from Landscape Structures bring the excitement of the climbing wall experience to your playground. • Constructed from Permalene'', the same rugged, vandal -resistant material that we use for all of our play panels, the Vertical Ascent Climber is as durable as it is colorful. • More routes to the top! Vertical Ascent is designed to give kids an economical, challenging climbing -wall style experience complete with colorful, climbing gym -style handholds. • Large, easy -to -grasp handholds and footholds made of low-density Dualite® Resin are securely mounted to the Permalene climbing surface using stainless steel, vandal -resistant hardware. • Vertical Ascent comes in a choice of 5 vibrant colors - red, green, blue, yellow and tan - and can be mounted to PlayBooster' deck heights of 48", 56", 64" and 72". 145624A Permalene Our custom -cut, high-density polyethylene used for interactive play panels, tables, handholds and signs is a colorful alternative to pipe barriers. Permalene is strong, resists fading, and is easy to clean so your playground looks beautiful for years. Product Information 145624B L 145624C 145624D Vertical Ascent, 48" Deck Vertical Ascent, 56" Deck 83 lbs. 91 lbs. Vertical Ascent, 64" Deck i 99 lbs. Vertical Ascent, 72" Deck 106 lbs. Challenge your kids with Vertical Ascent. The Best In Play Is Just One Call Away 1.888.4FUNLSI playlsi.com o r 1ci 0 LANDSCAPE 0 STRUCTURES 0 N 0 O 0 N CHARLES J. FINGER PARK PLAYSHAPER COMPONENTS 2-5 YEAR OLD STRUCTURE Option #1 Double Poly Slide Mini Summit Climber Bubble Panel