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HomeMy WebLinkAbout107-08 RESOLUTIONR RESOLUTION NO, 107-08 A RESOLUTION AWARDING ,BID #08-44 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS AND SUPPLY IN THE AMOUNT OF $34,214.00 FOR CONSTRUCTION OF A PAVILION, SIDEWALK, AND PICNIC TABLES AT GARY HAMPTON SOFTBALL COMPLEX; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $4,106.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $50,000.00. 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 Bid #08-44 and approves a contract with Arkoma Playgrounds and Supply in the amount of $34,214.00 for construction of a pavilion, sidewalk, and picnic tables at Gary Hampton Softball Complex. 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 project contingency in the amount of $4,106.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $50,000.00. PASSED and APPROVED this 20thday of May, 2008. �aae`��TY Oc APPROVED: By: ATTEST: c ;FAYETTEVILLETo; By: lid 11AM1100 SONDRA E. SMITH, City Clerk/Treasurer Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND ARKOMA PLAYGROUNDS SUPPLY THIS AGREEMENT is dated as of the 9A day of MJAA= in the year 2008 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Arkoma Playgrounds and Supply (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 a pavilion and concrete sidewalk at Gary Hampton Pavilion 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 Gary Hampton Pavilion Construction shall be substantially completed within 75 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.6 & C of the General Conditions within 100 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) 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 �n City of Fayetteville Page 1 of 7 4/30/2008 Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS ITEM# DESCRIPTION UNIT EST. OTY. UNIT PRICE Total 1 Mobilintion(1) L.S. 1A0 $330.00 $330.00 2 Bid Bonds B Insurance L.S. 1.00 $1,000.00 $1,000.00 3 Site Preparation - including erosion control, concrete washout and construction entrance L.S. 1.00 $2,230.00 $2,230.00 4 Site Restoration 3 L.S. 1.00 $1,870.00 $1,870.00 5 Unclassified Excavation (2) C.V. 46.00 $31.74 $1,460.00 6 Imported Hillside Material - complete in place C.Y. 40.00 $33.00 $1,320.00 7 Class 7 Base - compacted in place C.Y. 8.00 $82.50 $660.00 8 Concrete Pavilion Slab (5" Thickness) (5 6 S.V. 59.00 $52.20 $3,080.00 9 24' Diameter Pavilion (6) E.A. 1.00 $8,931.19 $8,931.19 10 TPicnic tables (4) 6) E.A. 3.00 $1,32343 53,970.28 11 Pavilion installation per manufacturers instructions (4 )(5) L.S. 1.001 $5,985.00 $5,985.00 12 5' Wide ADA Accessible Concrete Sidewalk 4" Thickness) complete in place S.V. 787-021$2$83.57 ,340.00 13 Parking Stnping and Signage L.S. 1.00 $609.00 $609.00 14 Rotating,Grill E.A. 1.00 $350.00 $428.17 TOTAL $34,213.64 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications RECREATION DIVISION PROJECT MANAGER as provided Conditions. Unit prices have been computed as provided in Conditions. Article 5. PAYMENT PROCEDURES are to be made by PARKS AND in paragraph 9.08 of the General paragraph 11.03.6 of the General 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 City of Fayetteville Page 2 of 7 4/30/2008 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.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 14.02.8.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.13 & 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 14.07.13 & 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 City of Fayetteville Page 3 of 7 4/30/2008 the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and 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. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). City of Fayetteville Page 4 of 7 4/30/2008 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 16 as listed in table of contents thereof. 7.8. Addenda numbers 1-3, inclusive. 7.9. One set of drawings (not attached hereto) consisting of six sheets with each sheet bearing the following general title: Gary Hampton Pavilion. 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 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. City of Fayetteville Page 5 of 7 4/30/2008 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. This Agreement will be effective on _ ,j , 2008 (which is the Effective Date of the Agreement). CITY OF By: [CORPORATE SEAL) City of Fayetteville v a :FAYETTEVILLE: „/„,1111 11,,,,`," Attest h�tl 5 * Attest Address for giving notices CONTRACTOR: Title 0 Uryte( [CORPORATE SEALj. * If a Corporation, attest by the Secretary. Address for giving notices (If CITY OF FAYETTEVILLE is a public body, attach License No. City of Fayetteville Page 6 of 7 4/30/2008 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Operations Date Requested Division: Parks & Recreation 2008 4/10/2008 Program: Parks Development Capital Project or Item Added/Increased: To increase the budget for the Gary Hampton Pavilion with funds of $35,000 from the Greenspace Fees NW and recognize donated funds of $15,000 from Rotary Club of Fayetteville. Justification of this Increase: To provide funding for the Gary Hampton Pavilion from the Greenspace Fees in the NW Quadrant. There are available funds that were received from Park Land Dedication requirements after the Capital Budget was • approved. Additionaly, Rotary Club of Fayetteville donated funds for this project. Adjustment Number 'roject or Item Deleted/Reduced: Decrease the Greenspace Fees NW budget to provide additional funding for the Gary Hampton Pavilion ustification of this Decrease: These funds are available in the NW Quadrant to fund this project. This project was approved with Greenspace Fees by the Parks and Recreation Advisory Board on 4/7/08 Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number Park improvements 2250 9255 5806 00 49,600 02013 0803 Public notification 2250 9255 5301 00 400 02013 0803 Decrease Expense Budget (Increase Revenue Budget) Account Name Account Number Amount Project Number Greenspace Fees NW 2250 0925 4419 00 35,000 020'3 po p3 Donations 2250 0925 4809 00 15,000 0 zV>3 o°2 proval Signatures Da7. te Y Manager Date ne irec r S Date D to Date Budget Office Use Only Type: A B Posted to General Ledger Posted to Project Accounting Entered in Category Log C t E Initial Date Initial Date Initial Date Y • I OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 PERFORMANCE BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: That Arkoma Playgrounds And Supply, LLC IIIIIIIIIIIII III III I II III II IIIIIIIIIIIII II II I IIIIIIII II III VIII II II III Doc ID: 012298910003 Tvoe: LIE Recorded: 06/02/2006 at 11:34:02 All Fee Amt: $25.00 Pace I of 3 Nashinaton County. AR Bette Stamps Circuit Clerk FiieB028-00000977 1000079 p r a PURCH DEPT, JUN 03 2008 CITY OF FAYE rEVILLE as Principal, ._I nVI A unuA rI Ini i nn.mury -----------------------------------. I 0._.1_..._ .f LL. r..._ _. ICIGI„a,1Gl YOIIOY VVIu14YlW,UlluMINI IVUV. uV11L 11 VV... I An., a Y VI,/yl(IIVII VIp...t a'nj CnIlllle YIICI IIM 100.] VI IIm VLQ VI VIIIOIIVIIIO. as Surety, hereinafter called Surety, and held and firmly bound unto City of Fayetteville as Obligee. hereinafter called Owner, in the amount of nurty Sour tnousana two nunarea rourteen aria no/100----------------------------------------------Dollars($ 3 L .21 .00** 1 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated _______entered into a contract with Owner for Provide and install pavilion at Gary Hampton Softball Complex Bid1E08-44 in accordance with drawings and specifications prepared by Insed km name, t'tit and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract -- _ NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that. if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the contract, the Owner having Performed Owners obligations there- under, the Surety may promptly remedy the default, or shall promptly (1) Compete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon deternination by Surety of the lowest responsible bidder, or, if the Owner elects. upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default a a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding, including other msts and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price,as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, exea'tors. administrators or successors of the Owner. Signed, sealed, and dated this 28th Witness 2008 Ark a P o ds And Supply, LLC Principal ey _ (Se 1; OKLAHO Asu4RYCOMPANY 6y S1r _ L . _(W Danny LI Schneider Allorr.ey-i,-racl IlII3r nv l..,r C.C. OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER mat Arkoma Playgrounds And Supply, LLC as Principal, hereinafter tailed Principal, and OKLAHOMA SURETY COMPANY, a corporation organized and existing under the laws of the State of Oldahoma, as Surety. hereinafter called Surety, are hold and firmly bound unto City of Fayetteville 1000079 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Thirty Four Thousand Two Hundred Fourteen and no/100--------------Dollars(s s for the payment whereof Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for Provide and install pavilion at Gary Hampton Softball Complex Bid#08-44 in accordance with drawings and specifications prepared by (Insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contiact. NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract then this obligation shall be void; otherwise it shall remain in hill force and effect, subject however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal for labor, material, or both, used directly in the performance of the contract. (2) The above -named Principal and Surety hereby jointly and severally agree with the Owner 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 sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit - I - (3) No suit or action shall be commenced hereunder by any claimant p) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work a labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid. in an envelope addressed to the Principal. Omer or Surety, at any place where an office is regularly maintained for the transaction of business. or served In any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contrail, ii being understood however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment a payments made in good faith hereunder, inclusive of the payment by Surety of mechanicsliens which may be filed of record against said Improvement, whether or not claim for the amount of such lien be presented under and against this bond. sgned,sealedaradatedthis 28th day of May 2008 (OKLAHOMA S•MR� Y COMPANY BY " ' - S [Seal) 6' .y Schneider Attorney -in -Fact okspay-prvte . . ' . OKLAHOMA SURETY COMPANY Tulsa, Oklahoma: Know all Men by these presents:. That the OKLAHOMA SURETY COMPANY, a corporation of the; State of Oklahoma, having itsipnncipal office in the city,of Tulsa, Oklahoma, pursuant to the following By-Law,:which was.adopted by the;Stockholders of the said Company, to -wit Section 10;.Article IV; "All bonds, policies, undertakings or other obligations -of.the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President; Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officersasthe Board' of Directors may authorize The Chairman of the Board,. President, any, Vice President,, Secretary, any Assistant Secretary, or:the Treasurer may appoint Attorneys in Fact or Agents;who shall haverauthority to issue bonds; policies, or undertakings in the name of the Company. The corporate seal is not necessary: for the validity of any bonds, policies, undertakings, or other obligations of the corporation." The Company does, hereby constitute and appoint . Billy E. Bennett Jr, Kenneth L. Galloway, Jacque . -- L Lindsey, Adrian W. Luttrell, Mike.A. Luttrell and Danny L Schneider, individually of SPRINGDALE,'AR its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed,,. Any and all bonds and undertakings of Suretyship And the' execution, of such instrument(s) in pursuance of the presents, shall be as binding upon the said 'OKLAHOMA SURETY COMPANY, as fully and amply, to all intentsand purposes, as if the same had been duly:executediand acknowledged iby.its regularly elected nnrpre at to nrinrinal AS _n Tiflea. C*Thhnma . ' IN WITNESS WHEREOF; .. OKLAHOMA SURETY COMPANY. . S has executed and attested these Presents tfiis. 10 day of December 2007: . ,, .. ATTEST: SARA'ANDE SON: " ASSISTANT SECRETARY TODD: AZATA NICE PRESIDENT On this 10 day of December 2007 before me, a Notary Public'of the State of Oklahoinaein and for the County of: Tulsa, came the individualto me personally known to be the officer described m, and who executed the preceding instrument, .and he acknowledged the execution of the same, and being by me duly sworn, said that' he is the therein described and authorized officer of the OKLAHOMA SURETY COMPANY aforesaid, and that the seal affixed to the preceding "instrument is -the corporate of said Company, and the said corporate seal.and his signature as such: officer were duly affixed to the said instrument by the authority and direction of the said Company, and that Article IV, Section 10, of the By -Laws of said Company, referred to in the preceding instrument, is now in force.;,. ' IN TESTIMONY WHEREOF, I Piave hereunto set my hand and affixed my official seal at iheCity of Tulsa,lhe:day and year fast above written.' " t.. ry Put Commission # 05000936 STATE Mate f Oklahoma ' My Commission expires 01 26-09 CO r Comm.. 01.28 200a L FA JES N'o Public .,.:. I;• ' SARA ANDERSON Assistant Secretary of OKLAHOMA SURETY COMPANY do here' .certify that the foregoing extracts of the By -Laws' and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued' pursuant thereto, are true and .., correct,and that both, the By -Laws; the. Resolution and the Power of Attorney are still in full force and effect. , This certifies that any facsimile mechanically -produced signature of any officer of the Company and Cbmpany seal, wherever appearing upon fl: power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and'effect as though normally affixed IN WITNESS WHEREOF, I have hereunto set my hand and affixed facsimile sealmf said corporation .. \pgtltrhpt4r, this 28th dayof May 2008 ` Q IIIIMy,.I /1/i • t SARA ANDERSON AssrstanrSecretary O `.......' R • ..- aa8S8OS •v. qH Ors •`•`, - .. 61+03700598, ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID PP DATE(MMIDDIYYYY) ARXPL-1 I 05/28/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATE Walker Bros. Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7570 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 72766-7570 Phone: 479-306-4677 Fax:479-306-5110 INSURERS AFFORDING COVERAGE NAIC# INSURED - INSURER A: Cincinnati Insurance Co M i2�77,. Arkoma Playgrounds & Supply, LLC INSURER B: Liberty Mutual Ineurance Co. INSURER C: .�' EC I 93 Colt Sqquuare Suite 5 Fayetteville Alit 72703 INSURERD: INSURER E: GHIM i 7flflR COVERAGES \c-'\ f „ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA N ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR FAYETTEVILLE / 1i MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S7 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD Y)LICY DATE MM/OO/YY EXPIRATION ILIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY CPP 088 58 27 11/05/07 11/05/08 PREMISES Eeocwrence $ 100000 CLAIMS MADE X❑ OCCUR MEDEXP(Any oneperson) s5000 PERSONALBADV INJURY $ 1000000 GENERAL AGGREGATE s2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG 52000000 POLICY X PECO- LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT E OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 000 ,000 A OCCUR CLAIMSMADE CPP 088 58 27 11/05/07 11/05/08 AGGREGATE 51 000,000 $ $ DEDUCTIBLE $ X RETENTION $ WORKERS COMPENSATION AND X ITORY LIMITS I I ER B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE WC5-355-3262650-018 04/19/08 04/19/09 E.L. EACH ACCIDENT $1,000,000 /MEMBER EXCLUDED? Oyes, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 de H yyes, describe under SPEC IAL PROVISIONS balm E.L. DISEASE -POLICY LIMIT 51 000 000 OTHER DESCRIPTION OF OPERATIONS 'LOCATIONS/VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is shown as additional insured on General Liability coverage as respects job - Gary Hampton Softball Complex Bid #08-44 CERTIFICATE HOLDER CANCELLATION CITYFA- 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 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville 1455 Happy Hollow Rd Fayetteville AR 72701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AIQfIQfta SE THE ACORD 25 (2001108) R;t ACORD GORPOKAI IUN TUBB Alison Jumper Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts 20 -May -08 City Council Meeting Date Parks and Recreation Division Action Required: ioproval of a contract with Arkor ,P s 372&0g D miff- - &4P/'I/ Operations Department amount $34,214 with a 12% project contingency of $4,106 for a total project cost of $38,320 for the construction of a vilion, sidewalk connection and picnic tables at Gary Hampton Softball Complex. $ 38,320.00 Cost of this request 2250.9255.5806.00 Account Number 02013.0803 Project Number Budgeted Item $50,000 Category/Project Budget $0 $ Funds Used to Date $50,000 $0 Remaining Balance Budget Adjustment Attached �x .2 oB Department hector Date Neighborhood Park Development Program Category / Project Name Park Improvements Program I Project Category Name Parks Development rlit:�Z .FR= Previous Ordinance or Resolution # Original Contract Date: �Jr / Original Contract Number: City Attorney I l ate G City Council Meeting of May 20th 2008 CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director Connie Edmonston, Parks and Recreation Director From: Alison Jumper, Park Planner CVj Date: April 30, 2008 RE: Gary Hampton Softball Complex Pavilion A resolution awarding Bid #08 _14 and approval of a contract with Arkoma Playgrounds and Supply in the amount of $34,214 with a 12% project contingency of $4,106 for a total project cost of $38,320 for the construction of a pavilion, sidewalk connection and picnic tables at Gary Hampton Softball Complex. BACKGROUND City Council approved for Parks and Recreation to apply for Act 1527, which was sponsored by Senator Barbara Horn for grants up to $35,000 "for recreational parks" on January 3'1, 2008 (Resolution 04-08). This project would include a 24 foot pavilion at the Gary Hampton Softball Complex. Fayetteville Rotary Club has donated $15,000 to Parks and Recreation to assist in building the pavilion at Gary Hampton Softball Complex. The grants have not been awarded, however, permission was granted by Bryan Kellar with Arkansas Parks and Tourism Outdoor Grants Program to begin the bidding process for the project while the grant applications are being evaluated. If the grant is awarded to the City for this project after construction begins the City will be reimbursed. The pavilion would be used by participants during softball games and tournaments, Holcomb Elementary students, community gatherings, as well as serving as part of a trail head for Clabber Creek Trail. Fayetteville Public Schools has approved this project. The project was.advertised on April 14'h and April 2P', and bids were opened on April 30'h, 2008. Twelve vendors submitted bids. Arkoma Playgrounds and Supply was the low bid in the amount of $34,213.64. If approved, the construction of the project will begin in May 2008 and will be completedin July 20'081 BUDGET IMPACT The project will initially be funded by Parks Development Funds through Park Land Dedication Funds in the northwest quadrant and the Rotary Club donation of $15,000. If the grant it awarded to the City, the Parks Development fund will be reimbursed. There would be minimal maintenance of litter control for this project. Attachments: PRAB Minutes April 7i° 2008 Bid Tabulation Sheet Contract Signed by Contractor School District Letter Budget Adjustment Purchase Requisition \1 Page 1 of 1 RESOLUTION NO. A RESOLUTION AWARDING BID #08-44 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS AND SUPPLY IN THE AMOUNT OF $34,214.00 FOR CONSTRUCTION OF A PAVILION, SIDEWALK, AND PICNIC TABLES AT GARY HAMPTON SOFTBALL COMPLEX; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $4,106.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $50,000.00. 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 Bid #08-44 and approves a contract with Arkoma Playgrounds and Supply in the amount of $34,214.00 for construction of a pavilion, sidewalk, and picnic tables at Gary Hampton Softball Complex. 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 Project Contingency in the amount of $4,106.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $50,000.00. PASSED and APPROVED this 20th day of May, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE PARKS AND RECREATION ADVISORY BOARD Meeting Minutes April 7, 2008 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order by Chairman Wade Colwell at 5:32 p.m. on April 7, 2008 at the Botanical Gardens located at 4703 North Crossover Road, Fayetteville, Arkansas. Present: Park and Recreation Advisory Board members Davidson, Biendara, Waite, Hatfield, and Bitler, and Colwell were present; P. Jones and Mauritson were absent. Park Staff Edmonston, Wright, Thomas, C. Jones, Jumper, Trails Coordinator Mihalevich and the audience were in attendance. 8. Park Land Dedication Fund Requests: Rotary Club Pavilion: Alison Jumper, Park Planner Staff is requesting approval of $35,000 from the NW Park Land Dedication Fund to assist in funding the pavilion at Gary Hampton Softball Complex in the event the Arkansas Department of Parks and Tourism General Improvement grant funds are not awarded for the project. The Rotary Club is funding $15,000 for the 24 foot pavilion to serve the Hampton Complex, neighborhood, Holcomb School, as well as the trailhead for Clabber Creek Trail. This project is scheduled to be completed by the FayRo Classic Girls Softball Tournament on June 14th, 2008. Davidson asked how much confidence Parks and Recreation had that they would receive the grant. Edmonston replied that it is not known whether the grant would be given to Parks and Recreation. Wright said that many people would use the pavilion. Bitler asked how many years were left on the lease. Edmonston said that the lease lasted ten years, and there was nine years to go. PRAB Motion: Colwell motioned to approve the pavilion. Waite seconded it. The motion passed 6-0-0 by voice vote. Iii, Fayetteville Public schools imr CELEBRATING THE PAST WHILE EMBRACING THE FUTURE WWW. FAVAR. NET April 15, 2008 Connie Edmonston Director Parks and Recreation The City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 Dear Ms. Edmonston: The Fayetteville Public School District is happy to approve the Gary Hampton Pavilion project, to be constructed on property owned by the district and leased to the Fayetteville Parks and Recreation Department at no cost to the district. We are proud to partner with the city, and look forward to using the new pavilion for our students' benefit. 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Q mn°� aA ii i'.-rvnPNmnmPO�NnP C C N E L. C C O 0. 7 C d) C C w O z C io co m v rn' vt a v a J o _ - c R m nd m o S m m t.-0 L .0. j m m m 3 0 m m — v J 3 y ' N CD 3 c > > V 0 y m A m J Q m m � m m m n aJ o m m m m 3 m r o m 0 0 N - m ^ m 0 O C m d 0 ? a m m n W m i 3 0 3 m fD m m J m O1 -q. J J ....- m m m O S CD m fD 10 w < m m w J a a a M M N K VI a CD P O O O O O O O O N O O O o O O O O 0 O a 0 0 0 0 0 0 0 0 o W O m y v o c C al_ It, 0 D N C 0n O N w O C 0 N (d 0 En N 2 a m U. C m 3 0 y m 8 O 0 m C m m S O O m O. 1 l. d C ' m vi U) O 0 a o m a W m Z O 0 W A m 0 w W N yyyV J m N a + O m O w K V m V m Z m m mN From: Clarice Pearman To: Jumper, Alison Date: 5.23.08 12:47 PM. Subject: Res. 107-08 Attachments: 107-08 Arkoma Playgrounds & Supply.pdf CC: Audit; Fell, Barbara; Vice, Peggy Alison: Attached is the above resolution regarding Arkoma Playgrounds & Supply. I will forward your purchase requisition to Purchasing and your budget adjustment to Budget & Research. Please let me know if there is anything else needed. Have a good weekend! Thanks.. Clarice (5.23.08) Clarice Pearman-Res. 107-08 Page 1 From: Clarice Pearman To: Jumper, Alison Date: 5.23.08 12:50 PM Subject: Res. 107-08 Alison: I forgot to mention the agreements with Arkoma. I will forward three of the four signed original agreements to you via interoffice mail. Clarice