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 $15,000 for the 24
foot pavilion to serve the Hampton Complex, neighborhood, Holcomb School, as
well as the trailhead for Clabber Creek Trail. This project is scheduled to be
completed by the FayRo Classic Girls Softball Tournament on June 14th, 2008.
Davidson asked how much confidence Parks and Recreation had that they would
receive the grant.
Edmonston replied that it is not known whether the grant would be given to Parks
and Recreation.
Wright said that many people would use the pavilion.
Bitler asked how many years were left on the lease.
Edmonston said that the lease lasted ten years, and there was nine years to go.
PRAB Motion: Colwell motioned to approve the pavilion. Waite seconded it.
The motion passed 6-0-0 by voice vote.
Iii,
Fayetteville Public schools
imr
CELEBRATING THE PAST WHILE EMBRACING THE FUTURE
WWW. FAVAR. NET
April 15, 2008
Connie Edmonston
Director
Parks and Recreation
The City of Fayetteville, Arkansas
113 West Mountain
Fayetteville, AR 72701
Dear Ms. Edmonston:
The Fayetteville Public School District is happy to approve the Gary Hampton Pavilion
project, to be constructed on property owned by the district and leased to the Fayetteville
Parks and Recreation Department at no cost to the district.
We are proud to partner with the city, and look forward to using the new pavilion for our
students' benefit.
Sincerely,
Dr. )$obbv NeW
1000 WEST STONE STREET PO Box 849 FAVETTEVILLE, ARKANSAS 7 2702-0849 (479) 444-3000
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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