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HomeMy WebLinkAbout235-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 235-16 File Number: 2016-0630 RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.: A RESOLUTION TO AWARD RFP NO. 16-08 AND AUTHORIZE A CONTRACT WITH ACS PLAYGROUND ADVENTURES, INC. IN THE AMOUNT OF $506,500.00 FOR THE DEMOLITION AND REMOVAL OF OLD PLAYGROUND EQUIPMENT AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT, INCLUDING THE DAVID LYLE BAYYARI MUSIC PLAYGROUND, AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,650.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 16-08 and authorizes a contract with ACS Playground Adventures, Inc. in the amount of $506,500.00 for the demolition and removal of old playground equipment and installation of new playground equipment, including the David Lyle Bayyari Music Playground, at Wilson Park, and further approves a project contingency in the amount of $50,650.00. PASSED and APPROVED on 12/20/2016 Attest: `Jill iimi Sondra E. Smith, City Cler}cusurer :1AYETTEVILLE• i Z. ••• c z �I��/�� • .... • • Off' �� Page 1 Printed on 12121116 City of Fayetteville, Arkansas Text File File Number: 2016-0630 Agenda Date: 12/20/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 1 RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO AWARD RFP NO. 16-08 AND AUTHORIZE A CONTRACT WITH ACS PLAYGROUND ADVENTURES, INC. IN THE AMOUNT OF $506,500.00 FOR THE DEMOLITION AND REMOVAL OF OLD PLAYGROUND EQUIPMENT AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT, INCLUDING THE DAVID LYLE BAYYARI MUSIC PLAYGROUND, AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,650.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 16-08 and authorizes a contract with ACS Playground- Adventures, Inc. in the amount of $506,500.00 for the demolition and removal of old playground equipment and installation of new playground equipment, including the David Lyle Bayyari Music Playground, at Wilson Park, and further approves a project contingency in the amount of $50,650.00. City of Fayetteville, Arkansas Page 1 Printed on 1212112016 City of Fayetteville Staff Review Form 2016-0630 Legistar File ID 12/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ken Eastin 12/2/2016 Parks & Recreation / Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with ACS Playground Adventures in the amount of Five Hundred Six Thousand, Five Hundred dollars ($506,500) and a project contingency in the amount of $50,650 (approximately 10%) for a total of $557,150.00. This contract will implement Fayetteville RFP #16-08, Wilson Park Playground Installation. 2250.520.9255-5806.00 Account Number 13001.1601 13001.1604 Budget Impact: Park Development Fund Fund Wilson Park Grant Match David Lyle Bayyari Music Playground Project Number Project Title Budgeted Item? Yes Current Budget $ 639,000.00 Funds Obligated $ 772.20 Current Balance F, : 7at Does item have a cost? Yes Item Cost $ _ 557,150.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: PLEASE NOTE: Funds in project 13001.1601 will also be utilized in Legistar Request #2016-0628, Park Road and Parking Improvements. CITY OF ay Il e ARKANSAS MEETING OF DEC 20TH, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent FROM: Ken Eastin, Park Planner II DATE: December 2, 2016 SUBJECT: Resolution to approve a contract with ACS Playground Adventures, Inc. for the demolition and removal of the existing two playgrounds and installation of the new playgrounds at Wilson Park. RECOMMENDATION: Staff recommends approval of a contract with ACS Playground Adventures in the amount of Five Hundred Six Thousand, Five Hundred dollars ($506,500) and a project contingency in the amount of $50,650 (approximately 10%) for a total of $557,150.00. This contract will implement Fayetteville RFP #16-08, Wilson Park Playground Installation. BACKGROUND: The City of Fayetteville has been working toward the replacement of the Wilson Park playgrounds and improvements to the westernmost park entry drive off W. Prospect Street. Wilson Park is one of the oldest parks in the city and continues to be one of the most popular. The park and playground receives some of the highest use in the city, particularly due to its central location and historic popularity. The existing playgrounds were installed well over 20 years ago and have served visitors well; however, the amount and duration of use have left the facilities in a deteriorated condition. This need has been targeted for some time, and current opportunities have made a major replacement advantageous at this time. An existing playground budget, combined with an Outdoor Recreation Grant award of $150,000 and a generous donation of $30,000 for a musical playground facility, makes a major playground project achievable at this time. The playground proposal includes demolition and removal of the existing two playgrounds. This includes all above ground _hardware, as well as the resilient and concrete surfacing underneath. The proposal also includes construction of new play equipment for ages 2 — 5, new equipment for ages 6 — 12, construction of a music playground facility for all ages, placement of resilient tile surfacing on concrete pads beneath active play equipment, providing ADA access to all facilities, and providing additional furnishings to support use of the facility. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: RFP (Request for Proposals) #16-08 was advertised statewide with the official submittal deadline set for Thursday, November 10, 2016. A total of five submittals were received from playground suppliers. A five -member selection committee met on November 30 to review and evaluate the submittals. The selected proposal was submitted by ACS Playground Adventures, Inc. in the amount of $506,500. The proposal for this work includes demolition and removal of all existing playground equipment including concrete slabs, establishment of new base platforms for the proposed equipment for ages 2-4 and 5-12, providing equipment and constructing a separate musical playground for all ages, and providing inclusive ADA accessibility to all play equipment, facilities, and parking areas. BUDGET/STAFF IMPACT: Funding has been budgeted and is available in project 13001.1601 Wilson Park Development funds ($459,000). These funds will be split between this project (Wilson Park Playground, Legistar request #2016-0630) and an associated project (Wilson Park Road and Parking Improvements, Legistar request #2016-0628). In addition to the funds listed above, the City has been awarded a 50/50 matching grant from the Arkansas State Parks Outdoor Recreation Grant Program in the amount of $150,000. Also, a local real estate developer, Mr. Fadil Bayyari, has donated $30,000 in the memory of his late son, David. These funds are dedicated toward the construction of the David Lyle Bayyari "musical' playground, to be built in concert with the overall playground project. In addition to each of the funding sources listed above, Parks and Recreation has $58,000 budgeted and available in project 16004.1 for Park Paving Improvements. These funds will not be utilized for playground construction, but will be utilized in the associated project described in Legistar 2016-0628, Wilson Park Road and Parking Improvements. Attachments: ACS Playground Adventures, Inc. ACS Option 2 Component Pricing Proposal Agreement with ACS Playground Adventures, Inc. RFP #16-08 Playground Plans CITY OF City of Fayetteville, Arkansas ( Purchasing Division — Room 306 [� 113 W. Mountain 'fir+ Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 Pi (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 16-08, Wilson Park Playground Installation DEADLINE ".Thuirsday,:`N uember !(?,'2016 before 2`01`6"_' a PM, veal tarn RFP DELIVERY LOCATION: Room 316-113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, lmcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Wednesday, October 19 and 26, 2016 REQUEST FOR PROPOSAL RFP 16-08, Wilson Park Playground Installation No late proposals shall be accepted RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid 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. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, 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 Agent. Name of Firm: AGS 2 (ayr-/iVu }4 vend -reg, 'rri c Contact Person: y1 RL+Z_zr Title: resicie.Vx E - Mail: ow ,C6,h,\ Phone: Business Address: �S°I JANvve A& City: QKCkV\QM(k C+ _ State: kit Zip: `? 3 i3 -z Signature: �, - Date: I k— M-16 City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 1 of 21 City of Fayetteville RFP 16-08, Wilson Park Playground Installation SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: ►r' 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true, and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: ks'4 c cou 1 .A Primary Contact: ✓J' nt Pitz t ,r Title of Primary Contact: _ f re? I c[eO f Phone#1 (cell preferred): J_K'_— g � q — So S 4 -Phone#2: E -Mail Address: 11v+ Gorr. � I , totv\ 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED eL Gl�rvi City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 19 of 21 License No. 0351420517 ACTIVATED ID #41942 State of A rkans as Commercial Contractors Licensing Board ACS PLAYGROUND ADVENTURES, INC 3501 MANTLE AVE OKLAHOME CITY, OK 73132 This is to Certify That ACS PLAYGROUND ADVENTURES, INC is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: SPECIAT TY Carpentry, Framing, Millwork, Cabinets Concrete Furniture, Recreational and/or Playground Equipment, Bleachers, Seating, Partitions Roofing, Roof Decks with the following suggested bid limit front February 12, 2016 activated March 1, 2016 when this Certificate expires. $1,700,000 May 31, 2017 bt emss our lands of the Board, dater! at North Little Rock, Arkansas; s CHAIRMAN SECRETARY March 1, 2016 - sh City of Fayetteville RFP 16-08, Construction of Wilson Park Playground 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 include but not limited to: required bonds and insurance; labor cost; equipment, materials and supplies; playground concrete sub -base (if necessary) and surfacing with installation; playground equipment and installation; proposed site furniture installation; 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. Demolition as Specified $1 �Do of 1 Concrete Sub -Base (4" Thickness) for Playground Surfacing (if necessary): $ y l oso , o0 Complete in place per details as proposed Activity Playground Equipment for Ages 2-12: $ 2©i 5-00.00 Complete in place as proposed Musical Playground Equipment for All Ages: $ ''�o� D90 • �� Complete in place as proposed Playground Surfacing: $ �sf,Q QO . O_0 Complete in place as proposed Site Furnishings: (min. one 6' bench) 9,0,9 • °.0 Complete in place as proposed ADA Concrete Sidewalk Connections: $ 5 0 0 , o� Complete in place as proposed Site Restoration: Includes 4" depth topsoil, Fescue seed and straw TOTAL PRICE PER PROPOSAL SPECIFICATIONS*: $ _50 (.1 1,s -10p , O0 *Total Price per Proposal Specifications shall equal the sum of all line items provided above. THIS FORM CONTINUES ON THE NEXT PAGE PROPOSER NAME: _� �.��y��ta,f,c• City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 20 of 21 CITY OF City of Fayetteville, AR Contract for: RFP 16-08, Wilson Park Playground rayr e Vendor: ACS Playground Adventures, Inc. AS This contract executed this AO day of -->Cembf-r 2016, between the City of Fayetteville, Arkansas, and ACS Playground Adventures, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. ACS Playground Adventures, Inc. 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 proposal per RFP 16-08 as stated in ACS Playground Adventures, Inc. proposal identified as option 2, and in accordance with specifications attached hereto and made a part hereof under RFP 16-08, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay ACS Playground Adventures, Inc. for completion of each project based on unit prices indicated in ACS Playground Adventures, Inc. submitted proposal. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after receipt of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. 3. The Contract documents which comprise the contract between the City of Fayetteville and ACS Playground Adventures, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Proposai-form identified as Request for Proposal 16-08 with the specifications and conditions typed thereon. B. ACS Playground Adventures, Inc. submitted proposal. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and ACS Playground Adventures, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and ACS Playground Adventures, Inc. S. ACS Playground Adventures, Inc. shall not assign its duties under the terms of this agreement. 6. ACS Playground Adventures, Inc. 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 ACS Playground Adventures, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. ACS Playground Adventures, Inc. 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 City of Fayetteville, AR RFP 16-08, Wilson Park Playground Page 1 of 3 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, ACS Playground Adventures, Inc. 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. The premiums for all insurance and the bond required herein shall be paid by ACS Playground Adventures, Inc. 1. Workmen's Compensation Statutory Amount 2. Comprehensive General & Automobile Insurance $500,000 for each person injured. 3. Bodily Injury Liability $1,000,000 for each accident. 4. Property Damage Liability $1,000,000 aggregate. 8. ACS Playground Adventures, Inc. shall furnish proof of licensure as required by all local and state agencies. This contract may be terminated by the City of Fayetteville or ACS Playground Adventures, Inc. with 30 calendar day's written notice. However, the City shall be responsible for payment for any items or materials ordered by ACS Playground Adventures, Inc. prior to receiving any notice of termination. 10. This Project shall be completed within 120 calendar days from Notice to Proceed. 11_ 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. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. 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. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Page 2 of 3 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. WITNESS OUR HANDS THIS a(l DAY OF -e t 2016. ACS Playground Adventures, Inc. Signature r Printed Contractor Name & Title E T (Signature) Company Secretary (Printed Name) Business Address IC. l +1 Irv' V'- k ti K 111 } z - City, State & Zip Cod Date Signed: I -L- I - City of Fayetteville, AR RFP 16-08, Wilson Park Playground Page 3 of 3 CITY OF FAY EVEELE,ARKANSAS Y. LiONELD 1 N, Mayor ATTEST: (Signature) ,���ti�tittrt+�rrr� ly Sondra E. Smith, City(&P x rer . A NSP. To Date Signed: /2 14 CITY aye gKvisAS le City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 16-08, Wilson Park Playground Installation DEADLINE: Thursday, November 10, 2016 before 2:00:00 PM, local time RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Wednesday, October 19 and 26, 2016 REQUEST FOR PROPOSAL RFP 16-08, Wilson Park Playground Installation No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project number and name as Well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid 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. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, orfederal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, 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 Agent. Name of Firm: Contact Person: E -Mail: Business Address: City: Signature: City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 1 of 21 State: Title: Phone: Date: M City of Fayetteville RFP 16-08, Wilson Park Playground Installation Advertisement City of Fayetteville, AR Request for Proposal RFP 16-08, Wilson Park Playground Installation The City of Fayetteville, Arkansas, is requesting sealed proposals from experienced playground professionals interested in providing a nature -themed playground proposal to replace the two existing playground structures at Wilson Park in central Fayetteville. To be considered, sealed proposals shall be received at the City Administration Building, City Hall, Purchasing— Room 306, 113 West Mountain, Fayetteville, Arkansas, by Thursday, November 10, 2016, before 2:00:00 PM, local time. No late, submittals shall be accepted. A non -mandatory pre -proposal conference will be held on Thursday, October 27, 2016 at 10:00 AM, local time, at the actual job site located at Wilson Park playground, 675 Park Avenue, Fayetteville, AR 72701. All interested parties are strongly encouraged to attend. Forms & addendums can be downloaded from the City's web site at www.faVetteville-ar.gov. All questions regarding the process should be directed to Les McGaugh, at Imcgaugh@fayetteville-ar.gov or (479)575-8220. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor applies to this contract. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. CITY OF FAYETTEVILLE, AR By: Les McGaugh Title: Purchasing Agent Ad date: 10/19/16 and 10/26/16 City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 2 of 21 City of Fayetteville RFP 16-08, Wilson Park Playground Installation SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE; Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a, A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost effective manner. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers are welcome to submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. e. All Proposers shall submit six (6) sets of their proposal as well as one (1) electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to City employees by the Proposer. f. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. g. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. i. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 3 of 21 j. Proposers shall have experience in work of the same or similar nature, and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non- negotiable term will not disqualify it from consideration for award. I. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 4 of 21 e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 5 of 21 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. b-. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase -under the terms and conditions of the contract. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 6 of 21 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHTTO AUDIT. FOIA. ANDJURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City 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. sec.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, Including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or Litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline_ Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 7 of 21 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid throughout project completion. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT�SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 8 of 21 any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 9 of 21 response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention of Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imcgaugh@fayetteville-ar.Qov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 10 of 21 and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. 28. PERIOD OF CONTRACT: Services performed pursuant to this Contract shall commence upon execution of this agreement and continue for a maximum of one hundred twenty (120) calendar days from the date of the notice to proceed. This time period will be the time allowed for complete turn -key operation of the playground. Inclement weather days will be considered when appropriate if submitted to the Parks and Recreation Project Manager within one week of the requested inclement weather day. A $250.00 per day penalty shall be assessed for each day over the one hundred twenty (120) calendar day completion time. 29. APPENDIX DOCUMENTS INCLUDED: a. Attachment A: Site Plan b. Attachment B: Department of Labor Prevailing Wage Determination City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 11 of 21 City of Fayetteville RFP 16-08, Wilson Park Playground Installation SECTION B: Scope of Services and General Information PURPOSE & OVERVIEW. The City of Fayetteville, Arkansas, hereinafter referred to as "the City", seeks proposals from properly licensed professionals who are able to recommend, provide, and install age- appropriate playground equipment at Wilson Park located at 675 Park Avenue, Fayetteville, AR. Proposals shall conform to the drawings and specifications listed, as well as any Federal, State, and/or Local laws that apply to playground and park construction. Received proposals shall consist of two components: the 2-12 year old, nature -oriented activity playground and the separate David Lyle Bayyari Music Playground. 3. The activity playground improvements shall include recommending, providing, and installing appropriate playground equipment for children ages 2 to 12 years and installation of appropriate subbase and durable impact surfacing for the playground equipment. Additionally, the project includes providing and installing accessible pathways from existing parking to the equipment, benches, shade, and all accessories necessary to provide a quality, all-inclusive play experience. 4. The David Lyle Bayyari Music Playground shall include recommending, providing, and installing music - related play equipment such as chimes, metallophones, various drums and other musical play possibilities that will attract children and adults of all -ages. The specific equipment proposed shall be musically tuned in order to establish typical intervals between the tones in regard to a given 'pitch'. 5. The two components of this project shall include a complete turn -key price for design and installation of access, activity and musical playground equipment, impact surfacing, proposed site furnishings, and complete site restoration for the proposed playground improvements listed above with applicable shipping, sales tax, and any other cost incurred to the City of Fayetteville. Contractors are strongly encouraged to visit the park site to verify size, shape, condition, constraints, and accessibility before submitting a proposal. A non -mandatory pre -proposal conference will be held on Thursday, October 27, 2016 at 10 AM, local time, at the actual job site at the Wilson Park playground located at 675 Park Avenue, Fayetteville, AR 72701. All interested parties are strongly encouraged to attend. 6. INTENT: The City intends to select a properly licensed professional provide a playground proposal and installation services to the City at Wilson Park. 7. NON-PROPRIETARY INTENT OF SPECIFICATIONS: Any reference to a particular manufacturer brand, model, drawing, etc. is to assist in establishing a product acceptability level for the City of Fayetteville; it is not to establish a proprietary bid to limit Proposers from competition for the bid. The City of Fayetteville will have the privilege to evaluate alternate proposal for play value, safety, and quality offered. If in the opinion of the City, an alternate for any brand specified meets the basic design with no material exception as judged by the City, then the City reserves the right to accept the alternate. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 12 of 21 S. EVALUATION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score each proposal. Each proposal submitted is not required to be ranked by the selection committee; however, all proposals will be evaluated. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request the top ranking firms make an oral presentation or be interviewed. Any presentations/interview will take place in Fayetteville, Arkansas. Meeting notices and information will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with the City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Proposers shall provide a list of similar jobs performed and person whom the City can contact for information. 5) 15% Price: Proposers shall list all fees and expenses to be paid by the City and shall be structured in an annual not to exceed format. 9. SCOPE OF WORK: While the exact range and extent of services is subject to negotiation, it is anticipated that the selected firm shall provide, as a minimum, professional services and adequately experienced dedicated personnel necessary to recommend, provide, and install active and musical play equipment containing a wide variety of play events. Proposals shall include the following in relation to the proposed method of completing the work as outlined in the selection criteria: a. The extent of the Vendor's playground plans shall meet the specifications provided in this request for proposal. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 13 of 21 The City desires the following aspects within the proposals: i. Playground Aesthetics: including color choice, deck material, and suitability with regard to the proposed playground concepts ii. Playground Durability: including warranty and maintenance iii. Playground Play Value: including variety, creativity, and challenge iv. Proposed Impact Surfacing: including cost, appearance, ease of repair, durability/longevity c. The playgrounds shall be designed as "natural" playgrounds to reflect and enhance the natural features of Wilson Park and the Ozark region in particular. This can include, but is not limited to, hardwood trees and forests, streams and rivers, bluffs and rock outcroppings, meadows, glades, homesteads, kitchen gardens, etc. d. Comparison of play events, accessibility, circulation and diversity of the playground plans. e. To receive as much play value as possible. f. To provide a safe play experience for children ages 2-12as well as all users. g. To provide an all-inclusive, accessible play experience for children of all skill and ability levels. h. The proposer shall be responsible for following all State and Federal Laws that pertain to the construction of playgrounds. i. Durability of playground structures and equipment which results in low maintenance and long life of the product. j. Aesthetics in concept, design, and structure. k. Playground design shall include at least one 6' bench to be provided and other site furniture as suggested by proposer. I. Proposals should not include enclosed slides. m. Per Attachment A: Site Plan, all responses to this RFP shall also include demolition and disposal of the two existing playground structures -and all existing sidewalks that will not be incorporated and utilized proposal. 10. ADDITIONAL PROPOSAL REQUIREMENTS: Proposals shall conform to the following specifications and include appropriate evidence for each with response packet: a. Letter stating the playground equipment is appropriate for the age group stipulated above. b. Letter stating the proposed playground equipment meets the current Consumer Product Safety Commission Guidelines (CPSC) for public playgrounds. c. Letter stating the proposed playground equipment meets the requirements of the Consumer Product Safety Improvement Act (CPSIA 2008) and physical copies of Certificates of Compliance for each product and component as required by the CPSIA 2008. d. Letter stating the playground equipment meets the current requirements of the American Society for Testing Materials (ASTM). e. Letter stating the playground plan meets current requirements for both upper level and lower level play events of the Americans with Disabilities Act (ADA). f. Letter stating the playground equipment is International Play Equipment Manufacturer's Association (IPEMA) certified. g. Evidence that all playground equipment provided is covered by product liability insurance. Contractors should provide a copy of this which includes the amount of coverage. Complete product specifications and warranty information. A color scale sample chart for all equipment. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 14 of 21 j. Proposer shall have a State of Arkansas Contractors License valid at time of bid. Proposer shall provide the City with proof of payment to all subcontractors before final payment is made by the City. k. Proposers shall have workers' compensation as required by Arkansas State statutes. I. Proposers shall have general liability insurance as required at a minimum of $1,000,000.00. m. A bid bond of 5% shall be submitted with all proposals. A cashier's check issued to the City of Fayetteville from a financial institution located in the State of Arkansas in the amount of 5% of the proposed price is also acceptable. n. Contractor shall provide a 100% performance and payment bond after contract award, within ten (10) calendar days of notice of award. Cost of the performance and payment bond shall be paid by the contractor and shall be presented the City after being file marked at the Washington County Circuit Clerk's Office. o. The City of Fayetteville requires the following for viewing by the Selection Committee; therefore, the items below shall be included with RFP response: • A color, three-dimensional scaled site plan drawing of the playground equipment, • Pictures for each piece of equipment mounted on a poster board or paper, • A written list and description of all equipment to be included in the proposal, and • A chart of the number of elevated and ground play components and components which are accessible by transfer, ramp, or as a ground play component as required by ADA shall be submitted. This chart may be printed on the site plan drawing. 11. IMPLEMENTATION: The successful Proposer shall be responsible and agrees to provide the following: a. Provide site preparation required to successfully install the playground equipment. The playground equipment shall be in -ground mounted in a footing. All construction shall comply with State and Federal Laws. b. Recommend, provide and install the playground surfacing material. Note the playground surfacing depth shall meet all playground safety standards. Please provide samples for all colors. c. Decks shall be manufactured and finished with vinyl coating. d. Upright posts shall be either galvanized steel, or aluminum material with a corrosion resistant finish. e. Provide all labor, equipment, materials and supplies needed to install the concrete sub -base, the safety surfacing, play equipment and benches. f. All existing trees shall be protected to ensure survival through the construction process. g. Proposers shall incorporate shade into their proposal to include existing trees, additional tree plantings, and/or shade structures which complement and enhance the proposed playground equipment and concept. h. The existing gazebo structure shall remain and be incorporated into the overall playground site design. i. Existing benches, trash receptacles and other site furnishings, if still serviceable, shall be incorporated into a proposal. j. Proposers are encouraged to incorporate available site opportunities into their proposal such as existing vegetation, slopes, turf areas, gazebo, etc. k. The existing swing installation is outside of the proposed playground zone and is intended to remain; however, as part of the playground proposal, submittals shall also include replenishment of the engineered wood fiber surfacing beneath the swings. I. All debris and construction materials shall be removed and cleaned up after installation. m. Removal of excavated dirt is the Contractor's responsibility unless it is spread in the park area as designated by Parks and Recreation Staff. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 15 of 21 n. Security at this park is very important. The City of Fayetteville will not be responsible for stolen or damaged equipment. Contractor shall be responsible for playground equipment and site until final completion of the entire project. o. All contractors should plan on working weekdays from 7:00 AM to 5:00 PM unless otherwise approved by the Project Manager. p. If any contractor feels the need to stay at the jobsite overnight, prior advanced permission from Connie Edmonston, Parks and Recreation Director must be obtained. q. Equipment supplier shall provide a letter to the City of Fayetteville certifying that an audit of the playground equipment's installation was performed and that the following requirements and specifications were successfully met: • All footings were correctly installed. Footings shall be audited by the City of Fayetteville staff BEFORE covering and continuing installation. Give 48 hours' notice prior to concrete pour. • All play equipment and play surface was installed correctly according to CPSC, CPSIA 2008, ASTM, IPEMA, and ADA requirements. • All equipment was located properly for the fall zone requirements. r. Any deviation shall be noted on these bidding documents and explanatory specifications attached to the proposal. s. Unit prices shall include all labor, materials, equipment and incidentals required to complete the work as shown in the plans and details for a complete in place item. Items listed on drawings and not included as a separate pay quantity shall be considered incidental and the cost shall be included in the price bid for other items. t. The amount of time appropriated for this project is one hundred twenty (120) calendar days from the date of the notice to proceed. This time period will be the time allowed for complete turn -key operation of the playground. Inclement weather days will be considered when appropriate if submitted to the Parks and Recreation Project Manager within one week of the requested i.nclement weather day. A $250.00 per day penalty shall be assessed for each day over the one hundred twenty (120) calendar day completion time. - u. Proposers are responsible for providing construction fences and signs as required to assure the safety of citizens. v. Proposers shall coordinate the construction of the playground slab with other construction activities in the park that may be part of a separate bid. w. Evidence shall be provided proving the installers of the playground equipment are properly trained by the equipment manufacturer. x. Project will not be accepted until the City of Fayetteville approves the work after the construction has been completed. When concrete is poured, it is the contractor's responsibility to supervise the area. If the concrete is disturbed by tracks, etc., the contractor is responsible for correcting the pour. y. Proposers shall submit a maximum of two (2) proposals. No more than two proposals for the park will be considered per contractor license. z. All disturbed areas shall be seeded with turf type Tall Fescue and mulched with wheat straw unless otherwise specified on the drawings. aa. Construction site shall be returned to the condition it was in prior to the start of construction. Contractor is responsible for repairing all damage to site caused during construction. bb. The area of land to be included in this proposal is shown on the drawings. Proposers shall not include any area larger than what has been designated for the proposal. Please contact Les McGaugh (479- 575-8220, Imcgaugh@fayetteville-ar.gov with any questions. cc. Proposers shall comply with all Federal and State laws pertaining to playgrounds. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 16 of 21 dd. In the event that any specification stated in this request for proposal conflicts with State and/or Federal laws, the State and/or Federal Laws shall prevail. ee. Proposers must comply with all Americans with Disabilities Act Guidelines. 12. PROPOSAL CONTENTS: Proposals should be structured in the following manner. a. Structure: Proposals shall be prepared simply and economically, providing a straight forward, concise description on the Proposer's ability to meet the requirements for this project. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8'/z" x 11" white papers and bound in one volume. Displays should be provided as requested. b. References: A reference list for similar work performed by the Proposer within the past five (5) years. c. Experience: Provide a general description of the organization, its history, primary types of work, organizational structure, etc. Proposers shall incorporate experience as it relates to the scope of work and minimum qualifications. 13. CONTRACT FORMATION: If the negotiation produces mutual agreement, the draft contract as a part of this package shall be constructed and forwarded to the Fayetteville City Council for final approval. If negotiations with the highest ranking Proposer fail, negotiations shall be initiated with the next highest ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 14. INSURANCE: Proposer shall provide and maintain insurance throughoutthe contract which is commonly accepted in the industry. Insurance is not required with RFP response but will be required after contract award. Insurance provided shall include but not be limited to the following and shall list the City of Fayetteville, Arkansas as an additional insured: General Automotive, Commercial General Liability and Worker's Compensation as required by state law. • Workers' Compensation: Statutory Amount • General Liability Coverage: $1,000,000 minimum • General Automobile Coverage For any work subcontracted, 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, Contractor 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. The premiums for all insurance and the bond required herein shall be paid by the Contractor. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 17 of 21 15. ANTICIPATED PROJECT TIMELINE: subject to change Date Time Description Wednesday, October 19, 2016 8:00 AM Date RFP available and date of advertisement Second advertisement: October 26, 2016 Thursday, October 27, 2016 10:00 AM Non -Mandatory Pre -Proposal Conference„ all interested parties are strongly encouraged to attend Tuesday, November 01, 2016 End of clay City intends to issue Final Addendum — if applicable Before 2:00 PM, Deadline to submit a sealed response to the City of Thursday, November 10, 2016 local time Fayetteville. Proposals shall be received prior to the deadline, no exceptions. Week of November 14, 2016 TBD Interviews with short listed vendors — if applicable Friday, November 18, 2016 4:00 PM Deadline for negotiations and finalization of contract, City Clerk deadline for City Council Meeting Tuesday, November 29, 2016 4:30 PM City Council Agenda Session Meeting for 12/6/16 Tuesday, December 06, 2016 5:30 PM City Council Meeting to consider contract for approval City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 18 of 21 City of Fayetteville RFP 16-08, Wilson Park Playground Installation SECTION C: Signature Submittal 1 -DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number)- where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Phone#1 (cell preferred): E -Mail Address: Title of Primary Contact: Phone#2: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME I DATE ACKNOWLEDGED City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 19 of 21 City of Fayetteville RFP 16-08, Construction of Wilson Park Playground 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 include but not limited to: required bonds and insurance; labor cost; equipment, materials and supplies; playground concrete sub -base (if necessary) and surfacing with installation; playground equipment and installation; proposed site furniture installation; 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. Demolition as Specified $ Concrete Sub -Base (4" Thickness) for Playground Surfacing (if necessary): 5 Complete in place per details as proposed Activity Playground Equipment for Ages 2 - 12: $ Complete in place as proposed Musical Playground Equipment for All Ages: $ Complete in place as proposed Playground Surfacing: $ Complete in place as proposed Site Furnishings: (min. one 6' bench) $ Complete in place as proposed ADA Concrete Sidewalk Connections: $ Complete in place as proposed Site Restoration: $ Includes 4" depth topsoil, Fescue seed and straw TOTAL PRICE PER PROPOSAL SPECIFICATIONS*: $ *Total Price per Proposal Specifications shall equal the sum of all line items provided above. THIS FORM CONTINUES ON THE NEXT PAGE PROPOSER NAME: City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 20 of 21 PROPOSER'S NAME CONTRACTOR'S LICENSE # CONTACT PERSON TITLE ADDRESS TELEPHONE FAX EMAIL ADDRESS AUTHORIZED SIGNATURE All-inclusive proposals shall be submitted no later than the deadline stated to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked "RFP 16-08, Wilson Park Playground Installation". Each bidder will be required to meet or exceed the specifications attached. Any deviation shall be noted with specifications attached to bid proposal. Questions related to the proposal process should be directed to Les McGaugh, City of Fayetteville Purchasing Division, (479) 575-8220, or by e-mail Imcgaugh@fayetteville-ar.gov. City of Fayetteville, AR RFP 16-08, Wilson Park Playground Installation Page 21 of 21 b 1N3WdO13A30ONno0ioAvii?10AV3?1V OYOU MOTION AddYH 'S SGYI S1N3113A021111I 41f10219l,H11 QO-9 III I"� r � - xaddNos��M�oNouonalsnroO NOISUtIa ONINNVId MU 97 O'Y �� C] t C's= ', .', ` m in a a cS7 ''fry °ss .` rsi 12 ea 11 ILI a: CL .. u u zL �, ,�•- c r , as ssr — 41 $r u lS INL• rts a s> � f.4 If1 47 i� � n� S..-•' -�'- e � 0.S � F, 7s `� tiff D S !a < kr) Jkl tp - � SL < ox is) To 55 Si "SS 4i 0�] 4) L' y :.�4 , F L 75 tc- :may 0 LU 0 z DZ O da 1 J 11 IL < n z LU W CL < z ��z z VJ z _J J ZZ LL e� w O CD NI O O 0 0 LO N 0 ASA HUTCHINSON - STATE OF ARKANSAS LEON JONES, JR. GOVERNOR }' DIRECTOR ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DIVISION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4506 TRS: 800-285-1131 September 21, 2016 Ken Eastin City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: PLAYGROUND REPLACEMENT AND IMPROVEMENTS TO ROADS AND PARKING WILSON PARK FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear Mr. Eastin In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 16-187 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. office. When you issue the Notice to Proceed for this project, please send a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4506. Sincerely, o Lorna K. Smith Prevailing Wage Division Enclosures Arkansas Department of Labor Prevailing Wage Determination Date: 9/21/2016 Determination #: 16-187 Expires: 3/21/2017 Project: Playground Replacement and Improvements to Roads and Parking Site: Wilson Park City: Fayetteville, Arkansas Project County: Washington Survey#: 716-AH05 COUNTY(S) Group Washington 5 CLASSIFICATION Basic Hourly Rate Fringe Benefits Bricklayer/ Pointer, Cleaner, Caulker, Stone Mason $11.45 $1.92 Carpenter $16.75 Concrete Finisher/Cement Mason $15.45 Electrician/Alarm Installer $21.30 $7.81 Ironworker (Including Reinforcing Work) $16.30 Laborer $13.00 Pipelayer $11.80 $2.61 Asphalt Paving Machine $19.85 $1.80 Backhoe - Rubber Tired (1 yard or less) $14.70 $4.90 Bulldozer, finish $14.60 Bulldozer, rough $16.30 Crane, Derrick, Dragline, Shovel & Backhoe, 1.5 yards or less $14.90 Crane, Derrick, Dragline, Shovel & Backhoe, over 1.5 yards $14.90 Distributor $11.45 $1.92 End Dump (Dump Truck) $14.15 Front End Loader, finish - $13.70 Front End Loader, rough $14.35 $0.59 Mechanic $14.70 Roller $14.30 $1.40 Scraper $11.45 $1.92 Motor Patrol $11.45 $1.92 Asphalt Screed Operator $19.20 $2.35 Excavator/Trackhoe $18.75 Asphalt Raker $15.45 $1.55 Truck Driver (Excludes Dump Truck) $17.20 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 7/1/2016 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division, Please calf (501) 682-4536 for a request form. 9/21/2016 8:38 AM Page 1 of 1 a� W w o (D cm 4�� cn O Lri M> � ` !E z � N �3'�^ =o ��� w c N :C i ++' LU U) = W Z CL > o M i U41 Cm F- w cn L- ino Ofu a m' FAQ Lna OU O o m � U Q = ra Q, �# z Z) LLJ w a C = 0 o =LLJ —J ? ria > s (7 i' i N d L w J Lu �� 0 QOQ a C7� a p n u E O z �,Q.�� o W a U'F0- raw 4- 3M p u Q LL O ,� ° Qo LL N rY W o-� o 0 _o L ��v�; LL V ra L- o Y a C: = O > W iJ N O Z: ~ 0 ra v- ro O -, ♦- W W O > C W L~L.� ti u �+ o LCl Q o 0c� o°0�° U LLWz LU EO N coJ QZ z > LU .0 =3a �"0 cn o C O, W (A C Z L U N N �a W O O i� o) WV) O 3:in ra '� Q � O rry 3 m Yz ��:2 L m u -0 PN � roLL �Mg W �O �'•�� U 0'�+O U Mh pYLUZ opo ° z GG , — +� c o �a}N4 w �.O i- o O zW Z r Q O LQ m = L 7 6 N 2:Z W U 41 0 C.L )C Y LL a � LL ° `n o o, -o u o u 0 -0 -- cn �� E D �n wwz LUL.•f L L (a � V Q rD cu i r= N Q) QUJ =3 O N W Cl. Wry a J a nCF: Ur _N w a ceu7 F-0f— RFP 16-08, Addendum 1 Date: Monday October 31, 2016 To: All Prospective Vendors From: Les McGaugh — 479.575.8220 — Imcgaugh@favetteville-ar.gov RE: RFP 16-08, Wilson Park Playground CITY OF Taye evi e ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. The deadline for RFP 16-08 is hereby extended as part of this addendum. All proposals shall be received by Tuesday, November 22, 2016 before 2:00:00 PM, local time to Fayetteville, AR. Late Proposals will not be accepted. Proposers shall acknowledge all addendums in the designated location on the signature submittal. a. Proposals shall be received at: Fayetteville City Hall, 113 W. Mountain, Attn: Room 306 Purchasing, Fayetteville, AR 72701. 2. The following budget is hereby released for this project. All proposal submitted shall not exceed the overall budget provided below. a. Budget not including Musical Playground Equipment for All Ages: $477,804 b. Budget for Musical Playground Equipment (4th line item in Proposal form): $30,000 c. Total Budget for all items $507,804 3. Reference: Proposal Form, 4th line item for "Musical Playground Equipment for All Ages" (referenced as the "Musical Playground Zone" in the site drawing) shall be priced to include as much play value as financially possible given the $30,000 budget. The City received a donation from the Bayyari Family in the amount of $30,000 specifically for this aspect of the playground. 4. Plan Sheets for Bid 16-63 are included in this addendum for reference only and shall not be included within the scope of the proposal. Contractors that are awarded individual projects (RFP 16-08, Wilson Park Playground and Bid 16-63, Construction — Wilson Park Improvements) shall coordinate together regarding construction and access from the proposed ADA parking space adjacent to the proposed playground location. 5. A non -mandatory pre -proposal meeting was held at Wilson Park on Thursday October 27th, 2016 at 10:00 AM. The sign in sheet of all attendees is attached. The following items were discussed during the pre -proposal meeting: a. The preference is to have a closer connection between the two age groups in regards to play etecQ7ram F oi�aEi�rss Device for tl�e Deaf TDD (479; 521-1316 113 4'Jest Nlowltain - Fayettevr{ie, All, 72701 structures. There may be separate play structures proposed, but any stand-alone elements shall be intermixed to provide a fully inclusive play area regardless of age or ability. b. The City has have determined that any fall zone impact areas shall be a modular tile surfacing. Other surfaces such as engineered wood fiber can be proposed in areas where wear is a concern but the surface is not intended to absorb fall impact. This may include the musical playground area. EWF is considered because it is rated as wheelchair accessible, yet is still permeable and will prevent continued soil compaction and loss under existing trees. As a change in the scope of the project, proposer shall include replacement surfacing beneath the existing swings. This will not involve replacement of the swings, only surfacing replacement. The surface shall be resilient modular tiles on a suitable base. d. Contractor shall be required to obtain a floodplain development permit, and a grading permit. The current path to the swings provided ADA Access to swings. If this path his disrupted, ADA access shall be provided to the swings. Contractor shall be responsible for demolishing, removing and disposing of all existing equipment, as well as affected concrete slabs and walkways. g. Playground shall be "natural" themed that will easily blend into the streamside backdrop. h. Either seed/straw or sod may be proposed. i. Existing sidewalks may remain if they fit into proposal. Any new proposed sidewalks shall be ADA accessible. j. Poster Boards may be submitted; however a digital rendering shall be submitted in a PDF format with digital submittal. k. Playground shall be designed to be as fully -inclusive as possible, including wheelchair accessibility. Landscaping is not necessary. Planting bed areas can be spatially proposed; however, any plant materials other than sod or seed for restoration will be provided later by Park Horticulturists. If planting beds are proposed as an enhancement to your proposal, design, or theme, then purpose shall be indicated on the plan. The purpose is the intended use... for example, planting for screening, background, food production, separator, etc. m. No survey requirements are necessary other than ensuring elevational accuracy. All grades, slopes and circulation connections proposed will be ADA accessible. The Proposer will be responsible for delineating the streamside protection zones boundary with paint or flagging prior to construction. This may be accomplished by linear measurement with approved confirmation from Park staff. The current schedule has a final contract reviewed by the City Council on Dec. 20 with a Notice to Proceed expected soon after. This will have construction beginning in mid-January. There will be z 1 -elp<aaron rfaicatiai s Device forthe Deaf ;)7 i 7 j 521-131 113 'Nest - ray�str vi4e: A1727] I inclement weather days allowed. Weather days must be requested in writing to the project manager on the day of the weather occurrence. o. Existing underground irrigation: There is at least one sprinkler head and supply lines in the immediate area; however, it is thought that they are closer to the existing swings. These lines are not abandoned, but have not been used in quite some time. City crews will make an attempt to locate these lines; however, if one is encountered in construction activities, then the contractor shall plan to plug the existing line. The streamside barrier zone is shown on the playground area plan. They are established by measurement from the top of the stream bank. The waterside zone, measured 25' from the top of bank, should not be utilized. The management zone, measured between 25' and 50' from the top of bank, can be utilized; however, no impermeable surface greater than 150 square feet shall be proposed. Free standing play elements, activity circulation, etc. can occur within the management zone. A concrete slab can also be proposed extending into the zone, but the extension should not be over 150 SF. q. A storm water pollution prevention plan (SWPPP) is required if project disturbance occurs on an area of one acre or larger. The area generally bounded by the existing swings, existing playground structures, and outside of the waterside protection zone is approximately .8 acres. Should more than 1 acre be disturbed, contractor shall provide an SWPPP. P. 313 Telecov munications Device for the Deaf TDD(479)521-1316 113 bilest tr1o�ir}tain - Fayetieville. Ai1727D 1 CITY OF Taaye ev le ARKANSAS Purchasing Purchasing Agent Parks and Recreation Pre -Bid Meeting RFP #16-08, Construction of Wilson Park Playground October 27, 2016 Les McGough Ph: 479-575-8220 Park Planning Superintendent Alison Jumper, PLA Ph: 479-444-3469 Park Planner Ken Eastin, RLA Ph: 479-444-3472 Procedures • Bonds (Bid bond with bid, payment bond with contract) (recorded at the Washington County courthouse by the Contractor) and insurance o Due 10 calendar days after Notice of Award is given • Arkansas Department of Labor wage rates are required for this project • Preconstruction conference; major sub -contractors are required to attend. • Location of Underground Facilities (1-800-482-8998, Arkansas One -Call System, Inc.) Copies of documents • Owner will provide Contractor with a minimum of two sets of drawings and specifications. Contract Time • 120 days total contract 90 days for substantial completion 30 additional days for final completion Work days and time: Monday through Friday, 7:00 AM — 5:00 PM, unless pre -approved by Park Staff Permits: Meet all state, local and federal requirements • A floodplain development permit is required for work adjacent to and within a designated floodplain. Contact Alan Pugh, Certified Floodplain Manager (479.575.8208 or a ugC�faettev lle-ar gav) for additional information or to submit application: (litt www.fa etteville-ar. ov d.ocumentcenter view 1119). • Due to small size of disturbed area for construction (<1 acre), a SWPPP will not be required. • Fees for city permits are waived. Non -city permit fees will be paid by the contractor. Submittals • Concrete mix designs — no colored concrete Grass seed (Tall Fescue Blend) Site -Visits and Proiect Milestones tYl�rlir7c, �,ei;trz s: i '�i.; f�➢t tia Fft �;`3 e`c'f tire. r 1<3}elte Vi€i< • Construction entrance, tree protection fence/silt fence and concrete waste management must be in place prior to commencement of world 1 • Layout of amenities • Rough grading— include area for future playground (grade to proposed contours) • Excavation for equipment foundations • Construction of concrete slabs • Assembly and installation of equipment • Sidewalk construction • Finish grading and site restoration ADA Requirements All amenities shall be ADA accessible, including, but not limited to the following: • ADA parking space • Sidewalks • Playground structures, equipment and access to entry/exit Project Site Specifics • Tree protection fencing is required to protect surface roots beneath existing canopy around all trees immediately adjacent to proposed playground site. Work by Others • Close coordination will be required between the selected playground contractor and the successful parking and road improvement bidder. The road contractor will be responsible for construction of the ADA parking and ADA sidewalk connection that will provide access to the playground. 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Z,© O p mQdQW T p 0 W Z o a p0zF m ww w a4 c°�. -moi C) L U,w"f Z W.W. C7 U W w0 2 R aw a0 w -m mo 20-0 U w mo 20 a w C70C3�� ¢ (D OF SmW F JC) T F W LLJ U �o a V) F co Z � < W Z r } Q Y z E� a Qa F N LL x o cD Z J w 0 0 U OX W Z Q J V F = m N u�Wcn� U) m N X W LLI W Q p U O > Q Q Y ly W Z ww>Q K F Q w ❑Z)¢ Q U_ �m ofz UUP O w OO } w F Z m t L ZQ0FQ ,Owg u) W Y ?ouFia Y m z �w a w m O !O i o � & Lo U ~ pLLI 4 _U z Z Z F QQ S Qw—O C�UwFwz w LtJ (If H O p po J ��mQm0 Q� O J O O W m.0. >mWO(Kw UUp awm W� U7 Q U 0 wzm��0� � I Z o ,z r � Z Q J V F = m N u�Wcn� U) m N X W LLI W Q p U O > Q Q Y ly W Z ww>Q K F Q w ❑Z)¢ Q U_ �m ofz UUP O w OO } w F Z m t L ZQ0FQ ,Owg u) W Y ?ouFia Y m z �w a w m RFP 16-08 Addendum 2 CITY OF Date. Thursday November 3, 2016 Tay e earl e ARKANSAS To: All Prospective Vendors From: Les McGaugh - 479.575.8220 - Imcgaugh@fayetteville-ar.gov RE: RFP 16-08, Wilson Park Playground This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. An AutoCAD file for the park project plans are available upon request to any interested party by contacting Les McGaugh, Purchasing Agent at (479) 575-8220, or lmco-aur}i@fayettevillFc--ar.gc�v. 2. Interested parties can also download any of the layers from the City's on-line GIS Interactive Maps (littp://www,fayetteville-ar.gov/384­/GIS-Iiiteractive-Maps). III Telecomm_ nica€ions Device fort lie Deaf !DD i47%521-1316 113'3Jest Mountain - Faye€t2viife, Ail 72701 RFP 16-08, Addendum 3 Date: Wednesday November 9, 2016 To: All Prospective Vendors From: Les McGaugh — 479.575.8220 — ImcBaugh@fayetteville-ar.Bov RE: RFP 16-08, Wilson Park Playground CITY OF T ay i le ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. Proposer shall NOT include any surfacing or improvements beneath the existing swing area. a elecommunicatioosDevice forthe Deaf TDD(479)521-1316 113WestRloufitain Fayetteville, All 72701 Granite Re,Inc. Performance Bond CONTRACTOR: ACS Playground Adventures, Inc. 8501 Mantle Ave. Oklahoma City, OK 73132 OWNER: City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR 72701 CONTRACT: Date: M 2 _ -Z O - i (e Amount: $506,500.00 Description: RFP 16-08 Wilson Park Playground Installation BOND: Bond#: GRAR #37253 Date: Amount : $506,500.00 Modifications to this Bond: F,/]No CONTRACTOR AS PRINCIPAL ACS Playground n;es, Inc. Signature: Name and Title: VClint Pitzer, resideni 3. GR0709-16 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Doc ID: 017244280007 Type: LIE Kind: PERFORMANCE BOND Recorded: 01/12/2017 at 03:44:44 PM Fee Amt: $45.00 Pape i of 7 Washington County, AR Kyle Sylvester Circuit Clerk FileB034-00000403 F]Yes, see last page SURETY GraniteInc. Signature: -- Name and Title: Dillon Rosenhamer Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perforin the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the. Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the -Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shallaccrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. GR0709-16 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, ` including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal:The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: GR0709-16 Granite Re, Inc. CONTRACTOR: ACS Playground Adventures Inc. 8501 Mantle Ave. Oklahoma City, OK 73132 OWNER: City of Fayetteville, Arkansas 113 W Mountain Fayetteville, AR 72701 CONSTRUCTION CONTRACT: Date: j'Z-20—\(Q Amount: $506,500.00 Description: RFP 16-08 Wilson Park Playground Installation BOND: Bond#: . GRAR #37253 Date: Amount: $506,500.00 Modifications to this Bond: R] No CONTRACTOR AS PRINCIPAL ACS Playground , ventures Inc. Signature: —1 LINA Name and Title: Clint Pitzer, Preside 1 Q CR0709-15 Payment Bond SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 F1 Yes, see last page SUY Granite c. Signature: l Name and Title: Y Dillon Rosenhamer Attomey-in-Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12)- and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days 'after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) fust occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0709-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner -or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the -performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0709-15 Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office .at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BILL ORCUTT; MICHAEL F. ROSS; GARY JARMON; JEFFREY J. BURTON; JANA DEAN; DAVID DUTTON; DILLON ROSENHAMER; JANA TAYLOR; CARRIE J. TRUE its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all 'and whatsoever the said: BILL ORCUTT; MICHAEL F. ROSS; GARY JARMON; JEFFREY J. BURTON; JANA DEAN; DAVID DUTTON; DILLON ROSENHAMER; JANA TAYLOR; CARRIE ). TRUE may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 281' day of January, 2015. pP `oFvn.rr �C Kenneth D. Whittin on, President STATE OF OKLAHOMA ) s E A L SS: ry%G?/LJ COUNTY OF OKLAHOMA ) Kylefi. McDonald, Treasurer On this 281'' day of January, 2015, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: i August 8, 2017 �� �'�' Nota Public Commission #: 01013257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that, the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of D�',C�' av` 6,r20� x TE Rp„y 6 ior°4r, C S E A L Kyle P. McDonald, Secretary/Treasurer GRO800-1 Q�, 05- 1( ACS Playground Adventures, Inc. Wislon Park City of Fayetteville Staff Review Form 2017-0256 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Parks & Recreation / Ken Eastin 5/9/2017 Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation. Staff recommends approval of Change Order #1 to contract #2016-00000016 with ACS Playground Adventures, Inc. in the amount of $1,500 for the addition of concrete entry steps to be constructed in conjunction with the currently planned ADA accessible entry ramp to provide additional access to the new playground complex at Wilson Park. Original Contract Number: 2016-0000001E Approval Date: rj -23 - 1 r7 Comments: Change Order Funds from Project #13001.1601 Budget Impact: 2250.520.9255-5806.00 Park Development Account Number Fund 13001.1601 Wilson Park Grant Match 13001.1604 David Lyle Bayyari Music Playground Project Number Project Title ' Budgeted Item? Yes Current Budget $ 638,227.00 Funds Obligated $ 555,736.00 Current Balance $ 82,491.00 Does item have a cost? Yes . Item Cost $ 1,500.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 80,991.00 V20140710 Previous Ordinance or Resolution # 235-16 Original Contract Number: 2016-0000001E Approval Date: rj -23 - 1 r7 Comments: Change Order Funds from Project #13001.1601 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent FROM: Ken Eastin, Park Planner II DATE: May 9, 2017 STAFF MEMO SUBJECT: Resolution to approve Change Order #1 to the contract with ACS Playground Adventures, Inc. for the addition of a set of concrete entry steps to be constructed in conjunction with the currently planned ADA accessible entry ramp to provide additional access to the new playground complex at Wilson Park. RECOMMENDATION: Staff. recommends approval of Change Order #1 to contract #2016-00000016 with ACS . Playground Adventures, Inc. in the amount of $1,500 for the addition of concrete entry. steps to be constructed in conjunction with the currently planned ADA accessible entry ramp to provide additional access to the new playground complex at Milson Park. BACKGROUND: The City of Fayetteville has recently entered into a contract with ACS Playground Adventures in the amount of Five Hundred Six Thousand; Five Hundred dollars ($506,500) and a project contingency in the amount of $50,650 (approximately 10%) for a total of $557,150.00. This contract implements Fayetteville RFP #16-08, Wilson Park Playground Installation. The new playground will include construction of play equipment for both ages 2 — 5 and for ages 6 — 12. In addition, the project will include construction of a music playground facility for all ages, placement of resilient tile surfacing on concrete pads beneath the active play equipment, and the provision of ADA access to all facilities. DISCUSSION: In the current contract, the playgrounds will be accessed via a short concrete ramp to ADA grade specifications. This change order proposes adding concrete steps adjacent and in addition to the planned ramp. These two entries in combination will provide an inviting and convenient access to the playground area of the park. The two in combination will also increase the area of the entry, thereby improving safety in this portion of the parking lot. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funding is available in project #13001.1601 Wilson Park Grant Match leaving $49,150 in contingency. Attachments: Change Order #1 Resolution 235-16 01 Site -Grading Plan West CITY OF FAYETTEVILLE ARKANSAS CHANGE ORDER NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Wilson Park Grant Match 13001.1601 Name of Contractor: ACS Playground Adventures Address of Contractor: 8501 Mantle Ave. Oklahoma City, OK 73132 Date of Contract: December 20 2016 Original Contract Sum............................................................................... $506,500.00 Total Amount of All Previous Approved Change Orders:...... .... ................ ........ $0.00 Contract Sum prior to this Change Order: ..... : ......................................... $506,500.00 Contract Sum increase this Change Order: ................................................. $11500.00 New Contract Sum including this Change Order: ............. ; ..................... I ... $508,000.00 Subject and -Reason for this Change Order: Staff is requesting approval for the following changes: 1) Addition of a set of concrete steps to be constructed adjacent to a planned ADA accessible ramp. These changes are recommended in order -to provide: . An additional. route of entry into the new playground. • The steps will be built alongside the planned ramp and together will create a more inviting entry into the new.facility.. • The concrete steps will also feature an elevated landing which will extend onto the . parking lot to the outer edge of the parking spaces. This will create a more visible and safer -approach for both motorists and pedestrians at this busy area of interaction. Additional Time Requested: 0 Calendar Days Dated this 9 day of May. 2017 Mailing Address: 113 W. Mountain Street tnw w.fayetteville-ar.gov Fayetteville,. AR 7270.1 CITY OF FAYETTEVILLE Parks 8� R creation Department E c Keri Eastin ,Park Planner II .ACS PLAYGROUND ADVENTURES Contra cto J By: Title: ATTES _ w/fL,1h4--;;1 EVILLE • _ FAY ETT ��i� ANG i WA `%��� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 235-16 File Number: 2016-0630 RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.: ARESOLUTION TO AWARD RFP NO. 16-08 AND AUTHORIZE A CONTRACT WITH ACS PLAYGROUND ADVENTURES, INC. IN THE AMOUNT OF $506,500.00 FOR THE DEMOLITION AND REMOVAL OF OLD PLAYGROUND EQUIPMENT AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT, INCLUDING THE DAVID`QLUrBAYYARI MUSIC PLAYGROUND, AT WILSON PARK, AND TO APPROVE A PR07ECr `CONT INGENCY IN THE AMOUNT OF $50,650.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE 'CITY OF FAYETTEVILL_E, ARKANSAS: Section 1: That the City Council of the City of Fayetteville;t*Arkaiisas``hereby awards -RFP No. 16-08 and authorizes a contract with ACS Playground Adventures, Inc. in the amount of $506,500.00 for the demolition and removal of old playground equipment and installation of new playground equipment, . including the David Lyle .Bayyari Music .Playground, at Wilson Park, and further approves a project contingency in the amount of $50,650.00. PASSED and APPROVED on 12/20/2016 Attest: Page 1 Printed on 12121116 Sondra E. Smith, City Clerk'ire4Surer •' "= r''�� iiiir ��r�• Page 1 Printed on 12121116 RAILINGS w m ---- DA BDA 8 City Ccrde�r ADA Curb Cut. P4Ie. a — ACcess Ramp tp meet ADA a City Cures ENTRY POR n 11�1r� '+�, IIIA' N >• s c •x �"y I �'• LEGEND- I ' NDIN x E 0000.000 Existing Spots _OVERLOOK 0000.000 New Grades (Itolics/ 13 4.S. 1'2 K Boulders (Solid): ACS Phase 7 g ' f -Boulders (Open(: Phase 2 by Cly or Others 5 .. - ❑ Hatch (None(: Existing Sidewalk to Remain Sidewalk to be Demo'd • o 3 ._i:b, Hatch: Sidewalk ACS Phase I j . D FUTURE: Sidewalk Phase 2 by Others 1 CL Q < L x • Existing Trees ~`•I a >U (Limit of Canopy) i L = 30 c 0 0 • is Trash Con with Recycle Can ACS Phase Items indicated by Standard Scale TO ., t... .. Text Style �D PEystO.rs: - / Sheet Set' G-001 Comer Sheet ... - IS. 100 Topogroohic Survey LS -101 Conceptual Master Plan ACs Ph 1 L$- 102 Site Pion ACS Phase 1 -West L$- 103. Site Pion ACS Phase 1 - East LS- 104 ConCeputol Grading ACS cep ual Gr 7 -West Grading 6- 105 COnACS 1 Ph se I - ACS P11p$e 1 - East t nurops�noe�ww� •n',,. / LS- 106 Conceolual Site Maste, Plan Phase11&2 nwµ lam 9.� LS- 107Site Pion Poyell-ille Phase 2 - Wall �'rCxC.cp i $REFI NUMBER LS_,. Site Plan FayeIIevi9e Phose2-Eosl LS -102 Ken Eastin Submitted By I City of Fayetteville Staff Review Form 2017-0302 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item ACS Playground Adventures, Inc.- CO #2 6/1/2017 Parks & Recreation / _ Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #2 in the amount of $3,839.88 to contract #2016-00000016 with ACS Playground Adventures, Inc. for the substitution of an 8' flat concrete curb in place of metal edging and for the addition of an ADA accessible concrete sidewalk to provide access to an existing picnic pad and table. Budget Impact: 2250.520.9255-5806.00 Park Development & 2250.520.9256-5806.00 & Parkland Dedication Account Number Fund 13001.1601 Wilson Park Grant Match & 13001.1604 David Lyle Bayyari Music Playground Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance % Item Cost Budget Adjustment Project Title $ 669,004.00 $ 578,332.00 f$ 90,672.00 $ 3,839.88 Remaining Budget $ 86,832.12 V20140710 Previous Ordinance or Resolution # 235-16 Original Contract Number: 2016-0000001E Approval Date: LOA— 17 Comments: Change Order Funds should come from Project #13001.1601, Account #2250.520.9256-5806.00 ACS Playground Adventures, Inc. Change Order#3 City of Fayetteville Staff Review Form - � 2017-0388 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item P Ken Eastin 7/12/2017 arks & Recreation / Parks &Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #3 in the amount of $550 to contract #2016-00000016 with ACS Playground Adventures, Inc. for the addition of enlarged concrete pads beneath two benches including an expansion beside one bench to create an ADA spectator space. Project Number Project Title Budgeted Item? Yes Current Budget $ 669,004.00 Funds Obligated $ 582,172.00 Current Balance $ 86,832.00 Does item have a cost? Yes Item Cost $ 550.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget I $ 86,282.00 V20140710 Previous Ordinance or Resolution # 235-16 Original Contract Number: 2016-00000016 Approval Date: ' I -ail -I'1 Comments: Change Order Funds should come from Project #13001.1601, Account #2250.520.9256-5806.00 Budget Impact: 2250.520.9255-5806.00 Park Development & 2250.520.9256-5806.00 & Parkland Dedication Account Number Fund 13001.1601 Wilson Park Grant Match & 13001.1604 David Lyle Bayyari Music Playground Project Number Project Title Budgeted Item? Yes Current Budget $ 669,004.00 Funds Obligated $ 582,172.00 Current Balance $ 86,832.00 Does item have a cost? Yes Item Cost $ 550.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget I $ 86,282.00 V20140710 Previous Ordinance or Resolution # 235-16 Original Contract Number: 2016-00000016 Approval Date: ' I -ail -I'1 Comments: Change Order Funds should come from Project #13001.1601, Account #2250.520.9256-5806.00 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ken Eastin, Park Planner DATE: July 12, 2017 SUBJECT: Change order #3 to contract #2016-00000016 Adventures in the amount of $550 for additional concrete beneath two benches and to create an ADA rest area. STAFF MEMO with ACS Playground to be placed as a pad RECOMMENDATION: Staff recommends approval of Change Order #3.in the amount of $550 to contract #2016- 00000016 with ACS Playground Adventures, Inc. for the addition of enlarged concrete pads beneath two benches including an expansion beside one bench to create an ADA spectator space. BACKGROUND: The City of Fayetteville has recently entered into a contract with ACS Playground Adventures in the amount of Five Hundred Six Thousand, Five Hundred dollars ($506,500) and a project contingency in the amount of $50,650 (approximately 10%) for a total of $557,150.00. This contract implements Fayetteville RFP #16-08, Wilson Park Playground Installation. The new playground will include construction of play equipment for both ages 2 — 5 and for ages 6 — 12. In addition, the project will include construction of a music playground facility for all ages, placement of resilient tile surfacing on concrete pads beneath the active play equipment, and the provision of ADA access to all facilities. On May 24, change order #1 was approved in the amount of $1,500 for the addition of concrete entry steps into the playground bringing the new contract total to $508,000. On June 1, change order #2 was approved in the amount of $3,839.88 to add an additional segment of sidewalk that branches off a newly installed sidewalk to provide ADA access to an existing picnic table and pad that is not currently accessible. In addition, this change order adds an 8" concrete flat containment curb around the musical playground. This concrete curb was approved as a substitute for metal edging. DISCUSSION: Change order #3 is being requested to add extra space to two concrete pads that contain benches alongside the access sidewalk. Although the benches were approved in the original contract with concrete pads beneath them, the pads were too small and placed the benches too Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 close to the pedestrian traffic on the sidewalk. In addition, this change order will also enlarge one pad by an additional five feet to one side of the bench to create a wheelchair resting pad. BUDGET/STAFF IMPACT: The quote for this additional concrete work is $550. Funding is available in project #13001.1601 Wilson Park Grant Match leaving $44,760.12 remaining in contingency. Attachments: ACS Playground Adventures change order #2 quote Change Order #3 Resolution 235-16 Eastin, Ken From: Clint Pitzer <clintp@acsplay.com> Sent: Tuesday, July 11, 2017 10:55 PM To: Eastin, Ken Subject: bench pad change order Ken, The change order amount for the bench extensions (north sides of sidewalks) is $550. Clint Pitzer, CPSI 405-834-5056 ACS Playground Adventures www.acsplay.com 7_1 CITY OF FAYETTEVILLE ARKANSAS CHANGE ORDER NO. 3 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Wilson Park Grant Match 13001.1601 Name of Contractor: ACS Playground Adventures Address of Contractor: 8501 Mantle Ave. Oklahoma City, OK 73132 Date of Contract: Original Contract Sum: ......................................... ................................... $506,500.00 Total Amount of All Previous Approved Change -Orders: ............................. $5,339.88 Contract Sum prior to this Change Order: ............................................... $511,839.88 Contract Sum increase this Change Order: .................................................... $550.00 New Contract Sum including this Change Order: .......................... I ......... $512,390.00 Subject and Reason for this Change Order: Staff is requesting approval for the following changes: The addition of extra space to two concrete pads that support benches along the access sidewalk. The addition of an open area of concrete approximately 5' wide x 3' deep adjacent to one side of one bench. These changes are recommended in order to provide: • Additional space for sitting at the benches without encroaching into the pedestrian traffic of the sidewalk. • An open area alongside one bench to accommodate a wheelchair at rest outside the pedestrian traffic of the sidewalk. Additional Time Requested: 0 Calendar Days Dated this 12 day of July. 2017 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE Parks & Recreation Department By: ,_' Ken Eastin, Park Planner II ACS PLAYGROUND ADVENTURES Contractor,% By: I � Title: 'fY / L-jy ATTEST;/ 113 West Mountain Street Fayetteville, AR 72701 (479) 5758323 Resolution: 235-16 File Number: 2016-0630 RFP NO. 16-08 ACS PLAYGROUND ADVENTURES, INC.: A RESOLUTION TO AWARD RFP NO. 16-08 AND AUTHORIZE A CONTRACT WITH ACS PLAYGROUND ADVENTURES, INC. IN THE AMOUNT OF $506,500.00 FOR THE DEMOLITION AND REMOVAL OF OLD PLAYGROUND EQUIPMENT AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT, INCLUDING ]'HE DAVID LYLE BAYYARI MUSIC PLAYGROUND, AT WILSON PARK, AND TO APPROVE A PROJECT CONTINGENCY N THE AMOUNT OF $50,650.00. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 16-08 and - authorizes a contract with ACS Playground Adventures, Inc. in the amount of $506,500.00 for the demolition and removal of old playground equipment and installation of new playground equipment, including the David Lyle- Bayyari Music Playground, at Wilson Park, and further approves a project contingency in the amount of $50,650.00. - PASSED and APPROVED on 12/20/2016 Attest: 1 �r�r rrrO r r Sondra E. Smith, City Clerlc'TJCasurer =. Page 1 Prinfed on 1787/16