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150-08 RESOLUTION
RESOLUTION NO. 150-08 A RESOLUTION AWARDING BID #08-05 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS AND SUPPLY, INC. IN THE AMOUNT OF $199,969.00; AND APPROVING A 5% CONTINGENCY IN THE AMOUNT OF $9,998.00 FOR THE CONSTRUCTION OF RODNEY RYAN PARK 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 #08-05 and approves a contract with Arkoma Playgrounds and Supply, Inc. in the amount of $199,969.00 for the construction of Rodney Ryan 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 ,`cti .•.•EqS, Vii,•°G��Y OF •C'p PASSED and APPROVED this 5th day of August, 2008. a CFAYETTEVILLE• S '-LP •Rf1,AN*aJt.? hereby approves a 5% contingency in the amount of $9,998.00. APPROVED: By: DAN COODY, Mayor ATTEST: By:6J�n� SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville RFP 08-05, Rodney Ryan Park Development This contract executed this day of 12008, between the City of Fayetteville, Arkansas, 113 W Mountain, Fay ev le, Arkansas, 72701 and Arkoma Playgrounds and Supply at 93 W. 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# 08-05, all included herein as if spelled out word for word. 2. Total cost for the project is $199,968.52. 3. 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. 4. The Work for Rodney Ryan Park Development shall be substantially completed within 120 consecutive calendar days from issuance of Notice to Proceed and completed and ready for final payment 10 days consecutive calendar days thereafter. 5. Liquidated Damages. CITY OF FAYETTEVILLE and Arkoma Playgrounds and Supply recognize that time is of the essence and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 4 above. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY OF FAYETTEVILLE and Arkoma Playgrounds and Supply agree that as liquidated damages for delay (but not as a penalty) Arkoma Playgrounds and Supply shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 4 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Arkoma Playgrounds and Supply shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 4 for completion and readiness for final payment or any proper extension thereof granted by CITY OF 4 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 4 for completion and readiness for final payment. 6. The Contract documents which comprise the contract between 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# 08-05 with the specifications and conditions typed thereon. B. Construction Drawings entitled Construction of Eagle Park. C. Arkoma Playgrounds and Supply proposal. D. The Notice to Prospective Proposers. 7. 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. 8. Arkoma Playgrounds and Supply shall not assign its duties under the terms of this agreement. 9. 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. 10. 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 2. Comprehensive General & Automobile Insurance $500,000 for each accident. Bodily Iniury 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. 11. Arkoma Playgrounds and Supply to furnish proof of licensure as required by all local and state agencies. 12. This contract may be terminated by the City of Fayetteville or Arkoma Playgrounds and Supply with 10 days written notice. 13. 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. 14. Changes in scope or price: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. 15. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. 16. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute. 17. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for ' untimely" payments. WITNESS OUR HANDS THIS ATTEST: DAY OF BY , 2008. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS A, _ro", DAN arODY, Mayor BY 5PRINin &CiTITLE�c4i BUSINESS ADDRESS Alison Jumper 7]' Submit�ed By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5 -Aug -08 City Council Meeting Date Parks and Recreation Division Action Required: F/5/61 /5o Air LO-",. et. P/oJ 3rownds aid 54ppil Operations Department A resolution awarding RFP # 08-05 to Arkoma Playgrounds and Supply in the amount of $199,969 with a 5% project contingency of $9,998 for a total project cost of $209,967 for the construction of Rodney Ryan park. $209,967 Cost of this request 2250.9255.5806.00 Account Number 02013.0801 Project Number Budgeted Item x 787,862 Category/Project Budget 185,203 Funds Used to Date $602,659 Remaining Balance Budget Adjustment Attached Neighborhood Park Development Program Category / Project Name Neighborhood Park Development Parks Development Program / Project Category Name Parks Development Fund Name _ Depa * e Dir tor 12198 Date Finance and InfernallSService Director Mayor A // I Comments: 7- 2.1-08 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 1 City Council Meeting of August 5th, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director //1��� Connie Edmonston, Parks and Repreation Director( -V' From: Alison Jumper, Park Planner 'GJ Date: July 17, 2008 RE• RFP 08-05, Eagle Park Development RECOMMENDATION A resolution awarding RFP # 08-05 to Arkoma Playgrounds and Supply in the amount of $199,969 with a 5% project contingency of $9,998 for a total project cost of $209,967 for the construction of Rodney Ryan park. BACKGROUND This land was obtained through the Park Land Dedication Ordinance as a requirement of the Stonebridge Meadows development. Subsequent phases of Stonebridge Meadows dedicated additional land as they were developed creating an approximately 7 27 acre park located at 1852 S. River Meadows Drive south of Hwy. 16 East, east of the Stonebridge Meadows golf course. Eagle Park has been renamed to Rodney Ryan Park through the Park Facility Naming Policy based on his contributions to the community. Parks and Recreation Advisory Board reviewed the name change at the July 7th, 2008 meeting where neighbors and community members overwhelmingly supported the change. On August 7, 2007, City Council passed Resolution #146-07 authorizing Parks and Recreation to apply for a 50/50 matching grant from Arkansas Department of Parks and Tourism. This grant requires the City to keep these parks for outdoor recreational use in perpetuity. The grant was awarded in the amount of $100,000 to the City. Resolution # 18-08 to accept the grant was passed and approved on February 5th, 2008. Two public meeting were conducted to involve the neighborhood and assess the community's needs and desires for amenities within the park. Based on the findings, a park master plan that includes age appropriate playgrounds, a picnic area with a pavilion and an open area to allow for wiffle ball was designed by Park Staff and presented to the neighborhood. The plan was approved by the neighborhood on August 1, 2007 and by the Parks and Recreation Advisory Board on August 6th 2007. Arkansas Department of Parks and Tourism issued the Notice to Proceed on June 13'h, 2008 and a Request for Proposals was advertised on June 18th and June 25th, 2008 with a budget of $200,000. Funding will be used to construct a pavilion, sidewalks, ADA parking space as required by the grant, wiffleball field, tree planting and playground for ages 2-12. Page 1 of 2 City Council Meeting of August 5th, 2008 Agenda Item Number DISCUSSION Proposals were submitted by four vendors, Arkoma Playground and Supply and RJR Enterprises, Inc., Boulder Construction, and Benchmark Construction. A selection committee was formed and met July 17th to review and select preferred playground designs for each of the parks. The committee selected Arkoma Playground and Supply's proposal. If approved, the construction of the project will begin in August 2008 and will be completed in December 2008. BUDGET IMPACT This project is funded with Parks Development Funds ($109, 967) and the Arkansas Department of Parks and Tourism Outdoor Recreation Grant ($100,000). Total project cost including a 5% project contingency is $209,967. Additional maintenance costs are anticipated to be $4,026 annually. Attachments: Resolution 146-07 Resolution 18-08 Location Map Arkansas Department of Parks and Tourism Notice to Proceed RFP 08-05 Arkoma Playground and Supply, Inc. Contract Signed by Contractors Purchase Requisition Page 2 of 2 RESOLUTION NO. A RESOLUTION AWARDING BID #08-05 AND APPROVING A CONTRACT WITH ARKOMA PLAYGROUNDS AND SUPPLY, INC. IN THE AMOUNT OF $199,969.00; AND APPROVING A 5% CONTINGENCY IN THE AMOUNT OF $9,998.00 FOR THE CONSTRUCTION OF RODNEY RYAN PARK. 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 #08-05 and approves a contract with Arkoma Playgrounds and Supply, Inc. in the amount of $199,969.00 for the construction of Rodney Ryan 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 5% contingency in the amount of $9,998 00. PASSED and APPROVED this 5th day of August, 2008. APPROVED: ATTEST - By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. 18-08 A RESOLUTION AUTHORIZING THE PARKS AND RECREATION DIVISION TO ACCEPT AN ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION 50/50 MATCHING GRANT IN THE AMOUNT OF $100,000.00 FOR THE DEVELOPMENT OF EAGLE PARK. 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 authorizes the Parks and Recreation Division to accept an Arkansas Parks and Tourism Outdoor Recreation 50/50 Matching Grant in the amount of $100,000.00 for the development of Eagle Park. `. ,,,,,,,,,,, ..k �RWTR�' ,, eC:, c,\TY 4 SG.p :U• • •�- s . FAYETTEVILLE • SONDRA E. SMITH, City Qerk/Treasurer PASSED and APPROVED this 5th day of February, 2008. APPRO ATTEST: DAN COODY, Mayor RESOLUTION NO. 146-07 A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN AN AMOUNT NOT TO EXC:hEll $125,000.00 FOR IMPROVEMENTS TO EAGLE PARK. WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and wishes to seek grant funding assistance; and, WHEREAS, in order to obtain the funds necessary to develop and/or improve the site for such a recreation area, it is necessary toobtain a 50/50 Matching Grant from the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program; and, WHEREAS, the plans for such recreation areas have been prepared and the price therefore has been established; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the grantee and grantor will enter into a binding agreement which obligates both parties to the policies and procedures contained in the Land and Water Conservation Fund Grants Manual including, but not limited to the following: the park area defined by the project boundary map, submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if the property is bought or developed with matching grant funds and; all present and future overhead utility lines within the project boundary must be routed away or placed underground and; the project area must remain open and available for use by the public at all reasonable times of the day and year; facilities can be reserved for special events, league play, etc. but cannot be reserved, leased, or assigned for exclusive use, and, the project area must be kept clean, maintained, and operated in a safe and healthful manner. The City Council of the City of Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will provide the local portion of the development cost of the entire project. NOW, THEREFORE, 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 authorizes the Mayor to make application to the Arkansas Department of Parks and Tourism for assistance, in an amount not to exceed $125,000.00, for improvements to Eagle Park. Therefore, such application shall be submitted as expediently as possible. PASSED and APPROVED this 7th day of August, 2007. SO RA E. SMITH, City Clerk/Treasurer )ped ueAj Aeupo o m DEPARTMENT OF PARKS &TOURISM 1 Coplrol Moll 011ie Rock, AR 72201 501-682-7777 ArkorMas.com History Commission 501-682-6900 (WTI) Arkaves.com Keep Arkansas Beautiful Division 6016823507 .eepNkmmsBeali6A,mm Personnel Seclion 501-682-7742 (V/E1) Mate Parks Division 601-682-1191 (VAT) NkonsasStateParks.com Tourism Division 501-682.7777 (V/TT) Mike Beebe GOVERNOR Rlctwrd W. Davies EXECUTIVE DIRECTOR STATE PARKS RECREATION & TRAVEL COMMISSION Jay CHAIRMAN SieveMison VICE-CHAIRMAN Bill Barnes Donny Ford Jim Gaston Darin Gray Debra Hook Bob Knight BIlly Lindsey Monline McNulty Mike Mills Ness Sechrest Jim ShomDurger Wode Williams DIVISION DIRECTORS Larry Camila ADMINISTRATION Greg Bulls STATE PARKS Joe David Rica TOURISM Nancy Clerk GREAT RNER ROAO RieMer HISTORY COMMISSION Robert KEEP ARKANSAS BEAUTIFUL AN EQUAL OPPORTUNITY/ IFFIRMATIVE ACTION/ AMERICANS WITH DISABIUTIES ACT EMPLOYER Aikansas. THE NATURAL STATE RECEIVED JUN 17 2008 CITY OF FAYETTEVILLE MAYOR'S OFFICE The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 June 13, 2008 RE: Project #A -10540 -08 -WA Eagle Park Dear Mayor Coody: This letter serves as your Official Notification to Proceed. A copy of the contract agreement booklet is enclosed for your records. Please retain this copy in the permanent files of the City of Fayetteville. This booklet contains the Application Guide that was used to prepare your grant application, the Management Guide that outlines a summary of the regulations and procedures for administering your grant project, and a copy of the signed contract. Part of our responsibility in administering Arkansas's Outdoor Recreation Grant Program is to inform and remind you of the federal Land and Water Conservation Fund program regulations that you have agreed to abide by in this contract. Listed below are some of those major responsibilities. Please re -read the enclosed documents carefully. If you have any questions concerning this information, please contact Bryan Kellar, Director, Outdoor Recreation Grants Program, at (501) 682-1301. I. The Project site must be retained and maintained for outdoor recreation in perpetuity. This means that the land and facilities within the project boundary cannot be converted to uses other than outdoor recreation (i.e., no public, civic or private buildings such as a city hall, fire station, chamber of commerce, community center, etc.). 2. If the site is converted to some other use, it will have to be replaced entirely at your own cost with land and facilities of equal value and usefulness. Should the need for conversion ever arise, suitable replacement property will have to be approved by the Secretary of the Interior through this office, prior to any action taking place. The Honorable Dan Coody Page 2 June 13, 2008 3. existing and future utility lines within the project boundary must be placed underground. 4. If you plan to add additional outdoor recreation facilities, please notify our office. Certain other facilities, such as local recreation centers may be eligible to be located within the project site. Please contact our office before making any improvements to the project site to determine what regulations apply. 5. A permanent LWCF/NCRGTF acknowledgment sign is required on al] project sites. If, at any time, a new sign is needed, one is available "at cost" from this office. 6. If your project is locked at any time, you must post hours stating when the facility is open to the public. School -sponsored projects must display hours of public use. 7. All sites must comply with regulations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, assuring access by the handicapped. • 8. Your recreational facility must remain open to the general public and you must assure that no person is subjected to discrimination on the basis of race, color, or national origin. Additionally, all grant recipients are required to follow the same bidding and purchasing procedures required by law of state agencies. These procedures are explained in the Management Guide which is part of the enclosed contract agreement booklet. I do not have the authority to waive or make exceptions to these procedures. Lately, several grantees have been denied grant reimbursements for failing to follow these procedures. Before advertising for bids or purchasing goods and services, make sure all procedures have been followed. If I can provide you with any additional information, please feel free to contact me. Enclosures Richard W. Davies Executive Director ayeii4le ARKANSAS RFP (REQUEST FOR PROPOSAL) City of Fayetteville, Arkansas Purchasing Division — Room 306 ] ] 3 W. Mountain Fayetteville, AR 7270] Phone: (479) 575-8220 REQUEST FOR PROPOSAL: RFP 08-05, Eagle Park Development DEADLINE Friday, July 11,2008 at 2 00 PM, Central Standard Time DELIVERY LOCATION: Room 306 —113 W Mountain Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen@ci.favetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Issued 6/18/08, Ad Dates: 6/18/08 & 6/25/08 REQUEST FOR PROPOSAL RFP 08-05, EAGLE PARK DEVELOPMENT No late proposals will be accepted. RFP'S shall be submitted in sealed envelopes labeled "RFP 08- 05, Eagle Park Development" with the name and address of the Proposer. RFP's shall be submitted in accordance with the attached City of Fayetteville specifications and RFP documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to fumish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Arkor111a, PI93rounds and SUpplk Contact Person: 51aleturSk- Title: rtstQA ftstCJ•-2x- E-Mail: ,..t4c11.11 Gi CITAR IV -QS- Phone:� 9q - L-11-13- I,V cp Business Address: q3 �, I.,01+ SQucuct Cwife. 5 City: Elio: vale, State: u AR Zip: 7Q UO3 Signature: Date: 11--1 �} City of Fayetteville RFP 08-05, Eagle Park Development Page 1 of 18 • City of Fayetteville RFP 08-05, Eagle Park Development Proposal Form The Proposer understands the City of Fayetteville reserves the right to reject any or all bids and to waive formalities deemed to be in the City's best interest. Total price for this project shall not exceed $200,000 which includes: required bonds and insurance; labor cost; equipment, materials and supplies; grading and site preparation; playground equipment and installation; playground concrete sub -base and surface tiles with installation; benches; bike rack; wiffleball field; entry sign; pavilion with picnic tables; sidewalk for ADA accessibility to the new amenities; one ADA accessible handicap parking space; tree planting, site restoration; shipping; and all applicable sales tax. In addition, the "Price per Proposal Specifications" is to include FOB to actual park project site in Fayetteville, AR and sales tax as regulated by the Arkansas Department of Finance Administration. Failure to meet this requirement could result in your proposal being rejected. PRICE PER PROPOSAL SPECIFICATIONS: $ CONTRACTOR'S NAME CONTRACTOR'S LICENSE # CONTACT PERSON TITLE ADDRESS TELEPHONE EMAIL ADDRESS AUTHORIZED SIGNATURE .1,II,f. 1 ., 4 0 1"► (1 e5u,c-Ain. P'oxsk �c c of (lOsce r' q3 W. Col -t a�lXl Suck 5 As RI Wordte) 931-q1-13-00(0lo FAX LIrfq- (-13 20,2 '7a'1O3 �IJ All inclusive proposals must be submitted no later than Friday, July 11tt. 2008 at 2:00 PM, CST to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked "RFP 08-05, Eagle Park Development". Each bidder will be required to meet or exceed the specifications attached. Any deviation must be noted with specifications attached to bid proposal. Questions related to the proposal process should be directed to Andrea Foren, City of Fayetteville Purchasing Division, (479) 575-8220, or by e-mail aforen a.ci.favetteville.ar.us. A non -mandatory pre -proposal conference will actual job site at Eagle Park located at 1852 S. 444-3469 if you need directions. be held on Thursday, June 26, 2008 at 9:30 AM, CST at the River Meadows Drive. Please contact Alison Jumper at 479 - City of Fayetteville RFP 08-05, Eagle Park Development Page 9of18 City of Fayetteville RFP 08-05, Eagle Park Development Proposal Cost Breakdown Note: Proposal may be rejected if all the information requested is not included in this package. Project is estimated at $200,000. Grading and Site Preparation: (Includes Erosion Control, Concrete Washout & Construction Entrance) Playground for Ages 2 - 12: (Complete in Place) Surface Tiles: (Sofsurfaces®SofPILE KrosLock® Interlocking Tiles - Plus Series or Approved Equivalent) Concrete Sub -Base for Surface Tiles: 9 (Complete in Place) Unclassified Excavation: $ 90X). (l (90 C.Y.) OD I Imported Hillside Material: $ I (105 C.Y. ) Compacted in Place $ $ (ot9, 003.03 $ ao, irigi 3q 11,1900,00 '1 1 Installation of Wiffleball Field: $ (Includes 5' Fencing and Permanent Bases) Entry Sign: (Complete in Place) Concrete Sidewalks (4" Thickness): (374 S.Y.) (9,505.°2- $ 9,305.00$ I��I�10,00 Concrete ADA Accessible Parking Space: $ 11 9%00°0 Concrete Shelter Slab (5" Thickness): $ H, Ow 99— (45 S.Y.) Pavilion (20' Diameter, Steel): (Complete in Place) Icon Shelters Systems HX20M-P6-20-90-20 or Approved Equivalent Two (2) - 7' Handicap Accessible Picnic Tables: (Complete in Place) Wabash Valley SY135P or Approved Equivalent Two (2) - 6' Benches: (Complete in Place) Wabash Valley CY420S or Approved Equivalent Three (3) - 6' Benches: (Complete in Place) Wabash Valley SG303P or Approved Equivalent One Bike Rack: (Complete in Place) Creative Pipe, Inc. Model No. SU -20 -E -P or Approved Equivalent n Site Restoration Includes Seed/Straw: $ "' 1040. W $ 17,1055, 3$ $ a,1 iq .45 $ 1,9(.01.!1 $ 3,V10.1.131. (2.60 Acres) Three (3) Sugar Maples (Complete in place): Three (3) Bur Oaks (Complete in place): One (1) Umbrella magnolia (Complete in place): TOTAL COST: $ H50.S 90010 Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: ‘Special Instructions: • 00 CO CO v m cn a w N -+o 3 Requester: City: Fayetteville Address: 93 Colt Squar endor #: - 'Vendor Name: 7122 Arkoma Playground and Supply • ' Shipping/Handling Rodney Ryan Park Development RFP #08-05 0 0 0 0 J. t 0 J Quantity Lot IL.SI [Unitof sue > 0w A 0 m Itteville - Purchase Order (Nota Purchase Order) PCard unlace mndical or 1099 ser! m CIO ID CO CD0 0 0 Unit Cosl 0 b 0 b 0 0 0 b 0 0 00'0$ l 0 b 0 0 $0.00 w co 0 0 0 0 0 Extended Cost 1 2250.9255.5806.00 Account Numbers Requesters ErnpIdyee#: 2369 J Zip Code: Ship to code: 72703 0 0 V 0 S rt o N co W b 07 O IIV `O m m N (g).. Dai (0 IDivison Head Approval: I m 0 Z O m x mr, m = ' 2 O H.0 Number: 01 m .0 c N_ 0 J O ;act/subproject # CD Revised 1)2/2008 $199,969.00 $18,497.13 $218,466.13 Inventory # Quotes Attached Yes:_x No: j^ July. July 18-2008 Expected ueevery nate: Fixed Asset # 8.12.08 Clarice Pearman - Res. 150-08 Page 1 From: Clarice Pearman To: Jumper, Alison Date: 8.12.08 12:57 PM Subject: Res. 150-08 Attachments: 150-08 Arkoma Playgrounds & Supply.pdf CC: Audit; Vice, Peggy Alison: Attached is a copy of the above resolution passed by City Council regarding Arkoma Playgrounds & Supply. I am forwarding to you via interoffice mail three of four original signed agreements. I will also forward to Purchasing your purchase requisition. Please let me know if there is anything else need for this item. Have a good day. Thanks. Clarice (('L / l 5o -a P OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: 1 r7p-_ That Arkoma Playgrounds And Supply, LLC E 0 ^�? 1 as Principal, hereinafter called Principal, and OKLAHOMA SURETY COMPANY, a corporation organized and existing under the laws of the Slate of Oklahoma, ti as Surety, hereinafter called Surety, are hold and firmly bound unto City of Fayetteville BOND NUMBER 1000082 IN IIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIII11thIIIIIIi ii Doc ID: 012448090004 Tvoe: LIE Recorded: 08/21/2008 at 03:15:20 PM Fee Amt: $30.00 Paae I of 4 Washlnaton County. AR Bette Stamps Circuit Clerk FileB029-00000103 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Ninet Nine Thniisand Nine Hundred Sixty Eight and 52/100----- Ddlars($199,968.52** 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 August 19 .2008 entered into a contract with Owner for in accordance with drawings and specifications prepared by (Insert full name, title aM address) which contract's by reference made a pan hereof, and is hereinafterr ert to as the Contract. 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 full force and effect, subject, however, to the following condhions: (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 claimants 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 . . - I . .... .. (3) No suit or action shall be commenced hereunder by any claimant (3) 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, slating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or 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, Owner 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 Contract, it 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 ay 4 pan thereof, is situated, or in the United States District Court for the district in which the project, or any pad thereof, is situated, and ndl elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the paymunl :, by Surety of mechanics' liens 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. Signed, seated am dated this 19th day of August 2008 ev Witness BY And Supply, LLC r:^--`.er'� .— te. r• •tom- QKLAHQnnn c rRETv rr-nAy-r..r.,ry-. 1. + " . - ISeaq = Danny L. Schneider 3tl6rney-in-Fact t• MhwwY+'v . 1, ` a _ e. r I✓ n — a � fry — r - �, a !• . �• -1 •,...\ ., OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 PERFORMANCE BOND BOND NUMBER 1000082 KNOW ALL MEN BY THESE PRESENTS: That Arkoma Playgrounds And Supply, LLC as Principal, hereinafter called Contractor, and OKLAHOMA SURETY COMPANY, a corporation organized and existing under thelaws of the Stale of Oklahoma. as Surety, hereinafter called Surety, and held and firmly bound unto City of Fayetteville as Obligee, hereinafter called Owner, in the amount of One Hundred Ninety Nine Thousand Nine Hundred _Sixty. Eight awl 92/100----------------------------- Odtars (E 199:968.52** a for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,'Contra'ttofhasbyWn1!eiagfeement'dafe'd ' August 19, 2008 _ entered ittd a'cdntratt ith'OWner'foi Install playground equipment, shelter (pavillon) site amenities and site work in accordance with drawings and specifications prepared by Insert ui name, bLie and aress) which contract is by reference made a part hereof, and is hereinafter referred to as the Corit2et. '"'" - - — — 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 he Contract. the Owner having Performed Owner's obligations there- under, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordancewith its terms and conditions, a (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest ^. 'r1 responsible bidder, or, if the Owner elects, upon detemination by the Owner and the Surety jointly of the lowest responsible bidder, arrange fora r, � �� ,n >> -: contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of•'.C5%' l' `. A. �'_(�'!� defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the ,ti r'� �i - balance of the contract price; but not exceeding, including other costs and damages for whici the Surety may be liable hereunder, the arrqunI set ] l' forth in the first paragraph hereof. The term "balance of the contract price,' as used in this paragraph, shall mean the total annum payable by_ Owner to Contractor under the Contract and any amendments thereto. less the amount property paid by Owner to Conraclor. 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. %. %j._M1 = f?\`�� No right of action shall accrue on this bond to or for the use of any person a corporation other than the Owner named herein a the heirs, exeatas, !'vim""•...,,,,,,,,,..•+mss S`` administrators or successors of the Owner. Signed, sealed, and dated this 19th y Witness HO And Supply' -Lk Rc.1_Asa -- SYIRETY) COMPANY' , Y i - _ By OKLAHOMA SURETY COMPANY Tulsa, Oklahoma Know all Men by these presents: That the OKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, hav ng'its pnncrpal 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 6bligations'of the corporation shall be executed id the corporate name of the Company by the Chairman of the Board, ThePresident, Secretary, any Assistant Secretary, Treasurer, or any Vice President,. or by such other officers as the 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 have -authority to issuebonds;.-policies, or undertakings is 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 ofSPRINGDALE; AR its true and lawful attorney(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 executionof such instrument(s) in pursuance of the presents, shall be as. binding `upon the said OKLAHOMA SURETY COMPANY, as fully and amply, to all intents and purposes, as if the same had been dulyexecuted and acknowledged by. its regularly elected officers at'its principal office in Tulsa, Oklahoma. - - a IN WITNESS WI-IEREOF; OKLAHOMA SURETY COMPANY has,executed and attested these ]5resents tfiig 10 dayof, December 2007. ATTEST: JS G SARA ANDS SON; ASSISTANT SECRETARY TODD' AZATA / O VICE PRESIDENT On this " .; • 10 - day of l "December 2007`' before niea Notary Public'of the State�of Oklahoma in and for ,the County of; Tulsa, came the individual to me personally known to be the officer described in, and who executed the. preceding instrument •-;;.and he acknowledged the execution of the same,aid by me duly.iswom, said that he is the therein described and authorized officer of the OKLAHOMA SURETY 'COMPANY. aforesaid, and that the seal affixedto the preceding instrument is the_corpora`te of said Company, and the said corporate seal and his signature as suchofficer 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 have hereunto set my hand and affixed my official seal at the City of Tulsa, the day and year:first above written: I an ryPublic Commission 105000936 STATE rate f Oklahoma My Commission expires _01-26-09 , COUNT COUNiY {:.0DMMA ION 006000M . ,'Comm.: p.01-26-2000 L FA JES Notate ry Puhlc 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 Aitomey issuedpursuant 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 ccnifies that any facsimile ormechanically-produced signature of any officer of the Company and Company sea], wherever; appearing upon a power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation B-M-os ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID PIP ARKPL-1 DATE(MM/DD/YYYY) 08/19/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Walker Bros. Insurance, Inc. P.O. Box 7570 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 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. 10677 INSURER B: cinerty HutuaJ Ineucance to. Arkoma Playgrounds & Supply, LLC INSURER C: INSURER 0: 93 Colt S are Suite 5 Fayetteville AI2 72703 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INb LTR ULYL NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD PIRATI N DATE MMmD/YY LIMBS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X� OCCUR Contractual Liab CPP 088 58 27 11/05/07 11/05/08 EACH OCCURRENCE $1000000 X PREMISES Eeocwrence $ 100000 MED EXP (Any one person) $ 5000 X PERSONALBADV INJURY $1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT I ILOC PRODUCTS-COMP/OP AGG $2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAA 088 58 27 07/31/08 11/05/08 COMBINED SINGLE LIMIT (Ed accident) $1,000,000 X BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ A EXCESS/UMBRELLA LIABILITY OCCUR I_I CLAIMS MADE DEDUCTIBLE X RETENTION $ CPP 088 58 27 11/05/07 11/05/08 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTtVE OFFICER/MEMBER EXCLUDED? K yes, describe under SPECIAL PROVISIONS below WC5-35S-3262650-018 04/19/08 04/19/09 X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - FA EMPLOYEE$1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYFAI 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 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Fayetteville 113 W. Mountain St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fayetteville AR 72701 REPRESENTATIVES. ALQJIQISQED SE THE ACORD 25 (2001108) v ACORO CORPORA IJuIN TSao IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUKU lb (ZUU1IUUJ &l 150 -08 D#t Iq A OR,D_ CERTIFICATE OF LIABILITY INSURANCE DATE( "IOD"""") AAR PL 1 I 08/19/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IP,(Q ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TI • Walker Bros. Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - • P.O. Box 7570 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Li I lily Springdale AR 72766-7570 Phone:479-306-4677 Fax:479-306-5110 INSURERS AFFORDING COVERAGE NAICM INSURED INSURERA Cincinnati Insurance Co. 10677 • INSURER a Liberty Mutual Inauranee Arkoma Playgrounds & Supply,• INSURER C: 93 Colt Square Suite 5 INBURERD: Fayetteville AR 72703 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR MOR TYPE OF INSURANCE POLICY NUMBER POLICY U'FECTNE POUCY EXPIRATION DATE MMRLD DATE MWOD LIMITS GENERALLJABRRY I EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY CPP 088 58 27 11/05/07 11/05/08 PREMISES o nonce $100000 CLAIMS MADE Ix OCCUR MED EXP(Anyoneperton) s5000 X Contractual Liab PERSONAL&ADVINJURY $1000000 ICr GENERAL AGGREGATE s2000000 GENL AGGREGATE LIMIT APPLIES PEA: PRODUCTS-COMPIOPAGO 52000000 PRO- I POLICY SECT LOC AUTOMOBILELUIBILITY COMBINED SINGLE LIMB 51,000,000 A X ANYAUTO CAA 088 58 27 07/31/08 11/05/08 (Ea eclden1) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per perton) X HIRED AUTOS BODILY INJURY $ • X NON -OWNED AUTOS (Pet eaidenl) PROPERTY DAMAGE $ • (Per ectldent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ • ANYAUTO OTHER TOWN EAACC $ • AUTO ONLY: AGO S EXCESSNMBREUA LIABILITY EACH OCCURRENCE $ 1,000,000 A OCCUR I CIAMSMADE CPP 088 58 27 11/05/07 11/05/08 AGGREGATE $1,000,000 $ DEDUCTIBLE $ X IRE1tNT10N $ $ WORKERS COMPQISATION AND a TORY LIMITS I I E • EMPLOYERS LIABILITY B WCS-353-3262650-01 04/19/08 04/19/09 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEAMMEMBER EXCLUDED? - EL DISEASE -EA EMPLO $1,000,000 yes. do.ae under SPECUILPROV1SIONS baow ELDISEASE-POLICYUMIT $1,000,000 OTHER DESCRIPTON OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS iuj CERTIFICATE HOLDER CANCELLATION CITYFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. RS AGENTS OR • 113 W. Mountain St. Fayetteville AR 72701 REPRESENTATIVES. A.. .TIE ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). • If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. LJ OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER 1000082 That _Arkoma Playgrounds And Sunoly. LLC I IIIIIII IIIIII III !III III1I!J!I IIJO IIIII IIll 11(11 111111VII 1111111111 UII IIII Doc ID: - 012448090004 Tvoe: LIE Recorded: 08/21/2008 at 03:15:20 PM Fee Amt: $30.00 Page I of 4 Washington County. AR Bette Stamps Circuit Clerk F1leB029-00000103 as Principal. hereinafter called Principal, and OKLAHOMA SURETY COMPANY, a corporation organized and existing under the laws of the State of Oklahoma, as Surety, hereinafter called Surety, are hold and firmly bound unto City of Fayetteville as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Ninety Nine Thnllaand Nine Hundred Sixty Eight and 52/100----- Ddlars(8199,968.52** 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 August 19 .2008 ,entered into a Contract with Owner for in accordance wan drawings and specifications prepared by _ (Insert full name, tale and address) which contract. is by_reference made a pad hereof, and ishereinafter referred to as the Contract NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such that it 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 full force and effect, subject however, to the following conditions: (1) A daimant 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 daimants 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 daimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any suchsuib-- - - _ _.. (3) No suit or action shall be commenced hereunder by any claimant (3) 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 Ole work or 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, Owner 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 Contract, it being understood however, that O 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 A. _,-_tom pan thereof, is situated, or in the United States District Court for the district in which the projectt or any part thereof, is situated, and not `' �S�:i ' nom..' :�sr" '. elsewhere. ^ :'••/.//� ' (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, indusive of the payme111M1 t� 'I' by Surety of mechanics' liens which may be filed of record against said Improvement, whether or not claim for the amount of such lien be - ti presented under and against this bond. s_,.' ! 5 Signed.sealed ono dated this 19th day of August 2008 %/�. '%' l Arkoma Playgrounds And Supply. LLC BY v witness 1/✓ CWLA F.0" crr v"ran^b okr-ti' ,—. L. Danny chnei er % Attorney -in -Fact n' _ X11 c••:.Y. :i- - . r.t �If• -a C r_... y OKLAHOMA SURETY COMPANY P.O. Box 1409 TULSA, OKLAHOMA 74101 PERFORMANCE BOND BOND NUMBER 1000082 KNOW ALL MEN BY THESE PRESENTS: That Arkoma Playgrounds And Supply, LLC as Principal, hereinafter called Contractor, and OKLAHOMA SURETY COMPANY, a corporation organized and existing under the -laws of the State of Oklahoma. as Surety, hereinafter called Surety, and held and firmly bound unto City of Fayetteville as Obligee, hereinafter called Owner, in the amount of One Hundred Ninety Nine Thousand Nine Hundred GivhyRight anr3 57/100----------------------------- Dollars($ 199,968.52** for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS,' Contractor hasty Writleri agieement'dated August 19, 2008 _entered-intoa con'tr'actwilh-Di4ner'foi :nstall playground equipment, shelter (pavillon) site amenities and Cite work in accordance with drawings and specifications prepared by (Inserl lu name, tifle and a ress " which contract is by reference made a part hereof, and is hereinafter referred to as the CoritraU� "� � �" � � � - . NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that. it 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, a shall promptty (1) Complete 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 delerrNnaUon by Surety of the lowest responsible bidder, or. if the Owner elects, upon delerrrination 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 or a succession of e" ' defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of conpe6on less the', ' : ^ -' -_: C-':; balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the an-rtse9 h . el ` + • riy :-� t. foM in the first paragraph hereof. The term "balance of the contract price,' as used in this paragraph, shall mean the total amount pays-ble• 9f.V�t '-_p i'� - Owner to Contractor under the Contract and any amendments thereto, less the amount properly - •- p p ly paid by Owner to Contractor. _ •t' ':� -I" Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the ContmU falld.- a-?' = No right of action shall accrue on this bond to or for the use of any persona corporation other than the Owner named herein or the heirs, execgtdis,- administratas a successors of the Owner. J+. ----^' ,c_ Signed, sealed, and dated this 19th day of August J. Ark >a P y r ids And Supply; TTY Witness � _ OKLAHOMA S RETY GOMPANY: Tc' ([\\� By __I2M^'1 1_ ( .!/L "=-. -i. .-^'A\ 5 e WLAHOMA SURETY COMP.A Tulsa, Oklahoma Know all Men by these presents:. That the OKLAHOMA`SURETY COMPANY, a corporation of the State of Oklahoma, having its principal, 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 AssistanfSecretary, Treasurer, or any Vice President, or by such other officers as the 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 have:authority 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 attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, arid 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 aid amply, to all intents sand purposes, as if the same had been duly executed and acknowledged by its regularly elected officers atits principal office in Tulsa, Oklahoma.' IN WITNESS WHEREOFy OKLAHOMA SURETY COMPANY - ? hasexeceted and attested these presents this 1p' day of December 2007,•. ` ATTEST: SARA ANDE SON; :. ASSISTANT SECRETARY TODD BAZATA s. VICE PRESIDENT On this _ 10 day of - "-December , 2007" before me, a Notary Public of the Staie�of Oklahoma in and for the County of Tulsa, came the individual to mepersonally known to be the officer described iii, and who executed the;preceding instrument, and lie 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, referredto in the preceding instrument, is; now in force. IN TESTIMONY WHEREOF, I have hereunioset my hand and affixed my official seal at the Cityof Tutsa, the day and year. first above written -' N ry PUWIe , Commission N 05000936 STATE Late f Oklahoma My Commission expires 01-2'6-09 Ef�EE% ' COUNT :.cOM11 IONCW►r005000Y9BTY s .'Comm." .01-28.2009 %..L FA JES NotaryPublic SARA ANDERSON Assistant:Secretaryof OKLAHOMA,SURETY COMPANY do here ` certify ttiat the foregoing extracts of the By -Laws and of a Resolutiomof the Board of Directors of this corporation, and of a Power of Attorney issued pursuant, thereto, are true and correct, and that both the fly -Laws, the Resolution and the Power of Attorney are still in full'force and effect.' This certifies that any facsimile or mechanically -produced signature of any officer of the Company and Company. seal, wherever appeanng upon a`power of attorney issued by the Company, shall be valid andbinding upon the Company with the same force and effect as though manually affixed IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation •'" - +`;• g 1) R £ r`"'�i this 19th day of August , 2008 az ' z " ' SARA ANDERSON Assistant Secretary S • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A City Council Meeting Date Alison Jumper Parks and Recreation a Submitted By Division $1,967 - Project Number Budgeted Item CM Department Mrs $209,967 Category/Project Budget $265 Funds Used to Date $209,702 1 Remaining Balance Budget Adjustment Attached City Attornt Date Finance and Internal Service Director Date Mayor �D_ Gi5 Operations COf Department Inc. Neighborhood Park Development Program Category/Project Name Park Improvements Program / Project CategoryName Parks Development Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 150-08 8/5/008 y7meville ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS Telephone: (479) 444-3469 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation From: Alison Jumper, Park Planner Ob Date: September 15, 2008 Subject: Construction of Rodney Ryan Park Change Order No. 1 BACKGROUND Rodney Ryan Park contains approximately 7.3 acres and is located at 1852 S. River Meadows Drive south of Hwy. 16 East, east of the Stonebridge Meadows golf course. On August 7, 2007, City Council passed Resolution #146-07 authorizing Parks and Recreation to apply for a 50/50 matching grant from Arkansas Department of Parks and Tourism. The grant was awarded in the amount of $100,000 to the City. Resolution # 18-08 to accept the grant was passed and approved on February 5th, 2008. Arkansas Department of Parks and Tourism issued the Notice to Proceed on June 13th, 2008 and a Request for Proposals was advertised on June 18th and June 25th• 2008 with a budget of $200,000. City Council approved Resolution # 150-08 awarding the bid for the construction of the park to Arkoma Playgrounds and Supply, Inc. on August 5th, 2008. When complete, the park will include a pavilion, sidewalks, ADA parking space as required by the grant, wiffleball field, tree planting and playground for ages 2-12. DISCUSSION A selection committee was formed to select the playground equipment for the park. After the equipment was selected staff selected the specific colors for the equipment based on the neighbors input. A non-standard color upgrade is needed for the pavilion Page 1 of 2 to match the pavilion color to the play equipment color. The estimated cost for this upgrade is $1,966.50. RECOMMENDATION Parks and Recreation staff recommends approving Change Order #1 resulting in an increase of $1,967 This amount is within the project contingency of $9,998 leaving a balance of $8,031 in contingency. Page 2of2 (9/18/2008) Alison Jumper - RE: Rodney Ryan Page 1 "Susan" <susan@arkoma.net> "Alison Jumper" <ajumper@ci.fayetteville.ar.us> 9/16/2008 12:02 PM RE: Rodney Ryan Your partner in play, Susan Garst Project Manager Arkoma Playgrounds & Supply 888-340-7529 ---Original Message -- From: Alison Jumper [mailto:ajumper@ci.fayetteville.ar.usj Sent: Tuesday, September 16, 2008 11:13 AM To: Susan Subject: RE: Rodney Ryan I just found an error. The $1800.00 is the upcharge for the color. Th does not include sales tax. Do I need to figure that in for the change order? Your partner in play, Susan Garst Project Manager Arkoma Playgrounds & Supply 888-340-7529 ---Original Message -- From: Alison Jumper [mailto:ajumper@ci.fayetteville.ar.usj Sent: Tuesday, September 16, 2008 11:05 AM To: Susan Subject: Re: Rodney Ryan Hey, if you could drop it off that would be great. original. Let's stay with black on the amenities. >>> "Susan" <susan@arkoma.net> 9/16/2008 10:48 AM >>> Alison - Do you just want someone to drop off this change order or scan it and email it ? Also, are we still st to color coordinate Your partner in Susan Garst Project Manager Arkoma Playgroi 888-340-7529 with black on the site amenities or are we going with the shelter? & Supply CHANGE ORDER NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Construction of Rodney Ryan Park Name of Contractor: Arkoma Playgrounds and Supply Address of Contractor: 93 Colt Square, Fayetteville, AR 72703 Date of Contract: August 5, 2008 Original Contract Sum: Total Amount of All Previous Approved Change Orders: Contract Sum prior to this Change Order: Contract Sum increase this Change Order: New Contract Sum including this Change Order: $ 199,969 $ 0.00 $ 199,969 $ 1,966.50 $ 201,935.50 Subject and Reason for This Change order: A non-standard color upgrade is needed for the pavilion to match the pavilion color to the play equipment color. Additional Time Requested: 0 Calendar Days Dated this 15`h_ day of September, 2008 CITY OF FAYETTEVILLE Parks & Recreation Division Arkoma Plavaround and Supply. Inc Contractor � By:.a A ,rte ` lC ¼T1JQ3S Title: k "' ATTEST: Page I of I • FAYETTEVILLE From: Clarice Pearman To: Jumper, Alison Date: 9.24.08 3:42 PM Subject: Arkoma CO1 Attachments: 09.15.08 Arkoma Playgrounds & Supply CO1,pdf CC: Audit Alison: Attached is a copy of your staff review item regarding Arkoma Playgrounds & Supply, Inc. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. Alison Jumper 6Ul Submitted By $2,400 Project Number City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A City Council Meeting Date Parks and Recreation Division to Arkoma $209,967 Category/Project Budget _ $96,960 Funds Used to Date $113,007 Remaining Balance Operations In C, Department Neighborhood Park Development Pro ram Cate o /Project Name Park Improvements Program / Project Category Name Parks Development Fund Name Budgeted Item L.J Budget Adjustment Attached Cr — _ \ \ Previous Ordinance or Resolution 150-08 Department Di ector Date Original Contract Date: 8/5/008 Original Contract Number: CityAttorney Da e R Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office Date fayeLARKANSAS 113W. Mountain St. Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS Telephone:(479)444-3469 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation 0' From: Alison Jumper, Park Planner 14 Date: October 7, 2008 Subject: Construction of Rodney Ryan Park Change Order No. 2 BACKGROUND Rodney Ryan Park contains approximately 7.3 acres and is located at 1852 S. River Meadows Drive south of Hwy. 16 East, east of the Stonebridge Meadows golf course. On August 7, 2007, City Council passed Resolution #146-07 authorizing Parks and Recreation to apply for a 50/50 matching grant from Arkansas Department of Parks and Tourism. The grant was awarded in the amount of $100,000 to the City. Resolution # 18-08 to accept the grant was passed and approved on February 5th, 2008. Arkansas Department of Parks and Tourism issued the Notice to Proceed on June 13th, 2008 and a Request for Proposals was advertised on June 18th and June 25th. 2008 with a budget of $200,000. City Council approved Resolution # 150-08 awarding the bid for the construction of the park to Arkoma Playgrounds and Supply, Inc. on August 5th, 2008. When complete, the park will include a pavilion, sidewalks, ADA parking space as required by the grant, wiffleball field, tree planting and playground for ages 2-12. DdrSCUSSION The project includes sidewalks for accessibility within the new park with the intent that they would connect to the sidewalks along the River Meadows Drive. Sidewalks along the street have not been completed by the developer to date. An additional ADA ramp and 12 linear feet of 5' sidewalk are necessary to make an accessible route from the street to the park Change Order No. 1 in the amount of $1,967 was approved on September 22. Parks and Recreation staff recommends approving Change Order #2 resulting in an increase of $2,400 This amount is within the project contingency of $9,998 leaving a balance of $5,631 in contingency. Page 1 of 2 CHANGE ORDER NO. 2 Cost Plus --- Pre -Agreed Unit Price X Project Name and Number: Construction of Rodney Ryan Park Name of Contractor: Arkoma Playgrounds and Supply Address of Contractor: 93 Colt Square, Fayetteville, AR 72703 Date of Contract: August 5, 2008 Original Contract Sum: $ 199,969 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 201.935.50 Contract Sum increase this Change Order: $ 2,400 New Contract Sum including this Change Order: $ 204,335.50 Subject and Reason for This Change order: An additional ADA ramp is needed to make a connection to the existing street to provide an accessible route from the street to the park. Additional Time Requested: 0 Calendar Days Dated this 77th day of September, 2008 CITY OF FAYETTEVILLE Parks & Recreation Division Park Planner Arkoma Playground and Supply, Inc. Contrar By' —4 b�— ATTEST: Page loll FAYETTEVILLE; Alison Jumper - Change Order From: "Ashley Corey" <ashley@arkoma.net> To: "Alison Jumper" <ajumper@ci.fayetteville.ar.us> Date: 10/6/2008 4:14 PM Subject: Change Order Hi Alison, Tray asked that I forward you the change order amount to add a handicap ramp at the end of the sidewalk per your specifications. The cost will be $2,400. Would you like me to send you a formal proposal? Thanks!! Your Partner in Play, Ashley Corey, cPsr Arkoma Playgrounds & Supply 93 W. Colt Square Suite 5 Fayetteville, AR 72703 Phone 479-443-0066 Toll Free 888-340-7529 Fax 479-443-9202 From: Clarice Pearman To: Jumper, Alison Date: 10.10.08 4:42 PM Subject: Arkoma Playgrounds Attachments: 10.07.08 Arkoma Playgrounds & Supply CO2.pdf CC: Audit Alison: Attached is a copy of the change order for Arkoma Playgrounds & Supply, Inc. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice