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HomeMy WebLinkAbout92-17 RESOLUTIONO �4hrFrT �-'•�-fie.. f r •,� I + .�.RkA FSS hS. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 92-17 File Number: 2017-0191 PLAY BY DESIGN, INC.: A RESOLUTION TO AWARD RFP NO. 17-03 AND AUTHORIZE A CONTRACT WITH PLAY BY DESIGN, INC. IN THE AMOUNT OF $299,990.91 FOR THE CONSTRUCTION OF THE ROTARY CLUB OF FAYETTEVILLE PLAYGROUND AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 17-03 and authorizes a contract with Play By Design, Inc. in the amount of $299,990.91 for the construction of the Rotary Club of Fayetteville Playground at Kessler Mountain Regional Park, and further approves a project contingency in the amount of $30,000.00. PASSED and APPROVED on 4/18/2017 Attest: Sondra E. Smith, City Clerk Treasure &11 4.0 jky' r �; FAYETJEVILLE TC�N '��rrrr rr i rr�►� Page 1 Printed on 4119117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Text File File Number: 2017-0191 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 10 PLAY BY DESIGN, INC.: A RESOLUTION TO AWARD RFP NO. 17-03 AND AUTHORIZE A CONTRACT WITH PLAY BY DESIGN, INC. IN THE AMOUNT OF $299,990.91 FOR THE CONSTRUCTION OF THE ROTARY CLUB OF FAYETTEVILLE PLAYGROUND AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 17-03 and authorizes a contract with Play By Design, Inc. in the amount of $299,990.91 for the construction of the Rotary Club of Fayetteville Playground at Kessler Mountain Regional Park, and further approves a project contingency in the amount of $30,000.00. City of Fayetteville, Arkansas Page 1 Printed on 411912017 City of Fayetteville Staff Review Form 2017-0191 egistar File ID 4/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Alison Jumper 3/28/2017 Parks & Recreation / Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Play By Design, Inc. in the amount of $299,990.91 and a project contingency in the amount of $30,000 (approximately 10%) for a total cost of $329,990.91 for the construction of a new playground as described in RFP 17-03. Budget Impact: 2250.520.9255.5806.00 Parks Development Fund Regional Park Development (Rotary Club Playground) Account Number 02002.1601 Project Number Project Title Budgeted Item? Yes Current Budget $ 689,001.00 Funds Obligated $ 2,939.80 Current Balance Does item have a cost? Yes Item Cost $ 329,990.91 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20140710 Previous Ordinance or Resolution # 149-16 Original Contract Number: Approval Date: Comments: CITY OF T ft Ile ayft ARKAN5AS MEETING OF APRIL18, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Alison Jumper, Park Planning Superintendent DATE: March 28, 2017 SUBJECT: Approval of a contract with Play By Design, Inc. for construction of the Rotary Club of Fayetteville Playground at Kessler Mountain Regional Park RECOMMENDATION: Staff recommends approval of a contract with Play By Design, Inc. in the amount of $299,990.91 and a project contingency in the amount of $30,000 (approximately 10%) for a total cost of $329,990.91 for the construction of a new playground as described in RFP 17-03. BACKGROUND: - The first phase of Kessler Mountain Regional Park was opened August of 2016. This phase included utility infrastructure, parking, roads, six full size lit soccer fields, four lit baseball fields and two concession/restroom buildings. The Rotary Club of Fayetteville identified the planned playground at -the park as a priority fundraising project for their club in 2016 and raised $150,000 for the playground. On August 2, 2016, the City Council approved Resolution 149-16 (attached) approving an Agreement with the Rotary Club to name the playground the Rotary Club of Fayetteville Playground and expressed the intent for the City to provide matching funds. Additionally, the agreement included installing appropriate identifying signage as well as a plaque or other wall signage recognizing the contributions of the Rotary Club and its members. DISCUSSION: The City advertised RFP 17-03 February 24 and March 3, 2017. Four proposals were received upon closing of the RFP on March 23. A selection committee meeting was held March 27'" and selected the proposal submitted by Play By Design. This nature themed playground will provide a unique experience for park users and will accommodate children ages 2-12. BUDGET/STAFF IMPACT: Total anticipated cost including project contingency is $329,990.91 and is available in project 02002, Regional Park Development which includes the $150,000 donation from Rotary Club. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Resolution 149-16 Rotary Club of Fayetteville Agreement RFP submittal from Play By Design, Inc. Contract — Play By Design, Inc. 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 149-16 File Number: 2016-0341 THE ROTARY CLUB OF FAYETTEVILLE AGREEMENT: A RESOLUTION TO APPROVE AN AGREEMENT WITII THE ROTARY CLUB OF FAYETTEVILLE REGARDING THE FUNDING FOR AND NAMING OF THE ROTARY CLUB OF FAYETTEVILLE PLAYGROUND AT THE KESSLER MOUNTAIN REGIONAL PART, TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING A DONATION FROM THE ROTARY CLUB OF FAYETTEVILLE AND ITS MEMBERS IN THEAMOUNT OF $150,000.00 FOR THE PROJECT CONTINGENT" UPON RECEIPT 01� THE FUNDS, AND TO EXPRESS THE CITY COUNCIUS- INTENT TO PROVIDE MATCHING FUMES IN AN AMOUNT OF $120,000,00 TOWARD THE PLAYGROUND PROJECT CONTINGENT ON APPROVAL OF TIME 2017 BUDGET WIIER.EAS, the Rotary Club of Fayetteville has raised $100,000.00 toward the construction of a playground at the Kessler Mountain Regional Park -and has pledged to contribute an additional $50,000.00 by the end of 2016. NOW, THEREFORE, BE -IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves an AgreCITient with the Rotary- Club of Fayetteville -regarding the funding for and naming of the Rotary Club of Fayetteville Playground at the .Kessler Mountain Regional Park. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing a donation from the Rotary Club of Fayetteville and its members in the amount of $150,000.00 for the Fayetteville Rotary Club Playground, contingent upon receipt of the funds; and expresses its sincere appreciation for the donation. Section 3: T'hat the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to provide Page 1 Printed on 813116 Resolution: 149-16 File Number: 2016-0341 matching fiends for the playground project in the amount of $120,000.00, contingent on final approval of the 2017 Budget. PASSED and APPROVED on 8/2/2016 Attest: W.er r LL1 - i Sondra E. Smith, City Clerk Treasurer �/r i! 11will,i � Page 2 Printed on 8/3/16 AGREEMENT Between Cityof Fayetteville, Arkansas and Rotary Club of Fayetteville Oil this day of August, 2016, the City of Fayette% -ills (herem;Iftcr ' CIIy") cold the Rotary Club of Fayetteville (hercitltlfter "Rutary Club"), 1€;r their A-reemew to shale in tht costs of, construction of a Playground at the ne-, Re-60i11t€I Pork. agree to the: hallowing facts; proposals and co€r€i€litlrlints: I. Thc Rotary Club will make an ioititll s100,000.00 contribution to the City un or tlel'rllc July 31, 2016. for tl;c° cnn�,tr€IctiQf) cXa Playgro€uld in the I€01,01 first cc)tner cat tine IZe 3iont5l Park near (lie Great Lawn, the design of which shall be developed bomeen the Notary C"lob and the Citv. ._. The Rotary- Club Pledges to contribute an additional ,im.aunt of S511000I no hills thall Decembc.r 31. 2016, with at- lel3st $10.000 ctf tl-,,It amount pay:d;lc to ills Cite no I JIeI th::Ir-I Octobel 31, 25016. l le City intand s to conliibute matchin", f llids of $120•000,0 fc;r the pro€iect. continl;eul LI-Po ll "itv COUncil .11 pi'f �'id O 'ht; 201 7 .� nnimi t_ JTi' f3csilgct. 4. The Rowry (`luE} acid 'I)c C'itN pledge. to ccxl;�rate, a; a1,P -ia , in identitN-iJ;L, and Ipplying for additiol)"d grant fikulds to b: applied to the plllyg€•0clnc1 proicc-t over and above th(e abovc-rel'crene.c.d comril)Lltions fron', the. Rotary Club aiad the Cif°,;. The C'it} ac,Vccs to 11c111;c tile nee plavgrotuld the -Rotary 0111) ol- I:a ettcv Ile 1' t`f YLtill l <`inCl Ifi:;til) i a_I'CS.!'JLit ]d ntit}'ii; ire a e appropriate p g nar s G T'hc (..Ity �v1I1 in.strill a plaque or other tiiall si2Ilatoe rcccJcnizillg, the co€-�tributioi s of the Notary U'lirb and its Incrnbers. the dcsigll Of which shall be developed collaboratively betwe.el€ (lie Rotary Club and City staff %-,Jtlt final approval by the City Council, ill accordancc \v-ith S 97.088(13)(2) of the Fayetteville C:;itV Clod - Page I of 2 f CITY OF 1{AY .'f"1"EvllA.1 , :I R AN.SAS N , :N I EM,mlco _A'11'EST; f Sondra E. Smith, City Clerk =•FAYFTTEVt J - r Page 2 of 2 ROTARY CLUB OF FAY1 1'TJ?V1LLE lb RRISON PITTMAN, Lay: _r Name: 'Play by , Inc. 3629 E. 2W' St. Tulsa, OK 74237 928-852-9528 playbydesigninc@gmail.com March 23, 2017 City of Fayetteville, AR Purchasing Division Room 306 113 W. Mountain Fayetteville, AR 72701 Dear Sir or Madam: I am enclosing our bid proposal for the playground equipment at Kessler Mountain Park, RFP 17-03. Enclosed you will find our Executive Summary, Playground Design, Bidding Documents, Specs, Warranties, and References. You will also fine a flash drive with the same files on it. Please know that we have been in the playground business for almost 20 years, and have designed and installed play structures in Missouri, Kansas, Oklahoma, Texas, and Arkansas. It was a pleasure to design these, and I hope to be working with your city. Should you have any questions, please do not hesitate to contact me. Sincerely yours, Kell! Collins @1;* 19 IMF 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 17-03, Kessler Mountain Regional Park Playground DEADLINE: Thursday March 23, 2017 before 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Friday March 03, 2017 at 10:00 AM RFP DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Friday Feb. 24, 2017 and Mar. 03, 2017 REQUEST FOR PROPOSAL RFP 17-03, Kessler Mountain Regional Park Plavground 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: Plav by Desian. Inc. Contact Person: �Keiji Collins Title: Playground Consultant E-Mail: la b desi ninc mail.com _ Phone: (918)851-9518 Business Address: 3619 E. 105th St, City: Tulsa Signature:. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 1 of 20 State: OK Zip: 74137 Date: 03/22/17 t City of Fayetteville RFP 17-03, Kessler Mountain Regional Park Playground Advertisement City of Fayetteville, AR Request for Proposal RFP 17-03, Kessler Mountain Regional Park Playground The City of Fayetteville, Arkansas, is requesting sealed proposals from experienced playground professionals interested in providing a nature-themed playground proposal at Kessler Mountain Regional Park in southwest 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, March 23, 2017, before 2:00:00 PM, local time. No late submittals shall be accepted. A non -mandatory pre -proposal conference will be held on Friday March 03, 2017 at 10:00 AM, local time, at the actual job site located at Kessler Mountain Regional Park playground, 2600 West Judge Cummings Road, Fayetteville, AR 72701. All interested parties are strongly encouraged to attend. Forms & addendums can be downloaded from the City's web site at www.faye_tteville-ar.gov. All questions regarding the process should be directed to Les McGaugh, at Imcgaugh@fayetteville-ar.po 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: 2/24/17 and 3/03/17 City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 2 of 20 City of Fayetteville RFP 17-03, Kessler Mountain Regional Park Playground 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. All proposers shall submit a 24" x 36" board with 3-D graphic rendering of playground. Board shall also include phots of each individual playground component. g. 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. h. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. i. 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. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 3 of 20 j. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. k. 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. 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. m. 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. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 4 of 20 d. The City of Fayetteville reserves the right to cancel the entire request for proposal. 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, o_r 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 City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 5 of 20 agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 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. L=L 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 17-03, Kessler Mountain Regional Park Playground Page 6 of 20 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. RIGHT TO 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. seq.). 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 17-03, Kessler Mountain Regional Park Playground Page 7 of 20 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 17-03, Kessler Mountain Regional Park Playground Page 8 of 20 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. E�x#�IiP►11�t�1��11�l�iliP�>ll��_[y�i 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 17-03, Kessler Mountain Regional Park Playground Page 9 of 20 response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grobnds 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.go ). 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. f. 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 (Imcgaug_h@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 17-03, Kessler Mountain Regional Park Playground Page 10 of 20 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 throu-ghout, 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: Drawings b. Attachment B: Deoartment of Labor Prevailine Wasze Determination City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 11 of 20 City of Fayetteville RFP 17-03, Kessler Mountain Regional Park Playground SECTION B: Scope of Services and General Information 1. 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 Kessler Mountain Regional Park, 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. 2. Total budget for a turn key project is $300,000. 3. Received proposals shall consist a nature oriented playground serving children 2-12 years old. 4. The project shall include recommending, providing, and installing appropriate playground equipment for children ages 2 to 12 years and installation of appropriate subbase and durable rubber tile 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. 5. The project shall include a complete turn -key price for design and installation of access, 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 Friday, March 03, 2017 at 10 AM, local time, at the actual job site at the Kessler Mountain Regional Park located at 2600 West Judge Cummings Road 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 Fayetteville. 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. 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 City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 12 of 20 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) 25% 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) 10% 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. SCOPEOF 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 play equipment containing a wide variety of play events, safety surfacing and ADA accessible sidewalks. 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. b. 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 City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 13 of 20 iii. Playground Play Value: including variety, creativity, and challenge iv. Rubber Tile 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 Kessler Mountain Regional 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, and may consider grade changes as well. d. The playground shall incorporate the Rotary Club wheel logo in the design on the ground plane at the playground entrance. The name "Rotary Club of Fayetteville" shall also be included in an overhead archway at the playground entrance. e. Comparison of play events, accessibility, circulation and diversity of the playground plans. f. To receive as much play value as possible. g. To provide a safe play experience for children ages 2-12 as well as all users. h. To provide an all-inclusive, accessible play experience for children of all skill and ability levels. i. The proposer shall be responsible for following all State and Federal Laws that pertain to the construction of playgrounds. j. Durability of playground structures and equipment which results in low maintenance and long life of the product. k. Aesthetics in concept, design, and structure. I. The playground should include shade as part of the design. m. Proposals should not include enclosed slides. 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 appropri.ate 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. h. Complete product specifications and warranty information. i. A color scale sample chart for all equipment. 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. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 14 of 20 m. A corporate 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 rubber tile surfacing material. Playground impact surfacing shall comply with all 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. Proposers are encouraged to incorporate available site opportunities into their proposal such as existing vegetation, slopes, turf areas_, etc. L All debris and construction materials shall be removed and cleaned up after installation. j. Removal of excavated dirt is the Contractor's responsibility unless it is spread in the park area as designated by Parks and Recreation Staff. k. 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. I. All contractors should plan on working weekdays from 7:00 AM to 5:00 PM unless otherwise - approved by the Project Manager. m. 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. n. 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: City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 15 of 20 • 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. o. Any deviation shall be noted on these bidding documents and explanatory specifications attached to the proposal. p. 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. q. 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 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. r. Proposers are responsible for providing construction fences and signs as required to assure the safety of citizens. s. Proposers shall coordinate the construction of the playground slab with other construction activities in the park that may be part of a separate bid. t. Evidence shall be provided proving the installers of the playground equipment are -properly trained by the equipment manufacturer. u. 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. v. Proposers shall submit a maximum of two (2) proposals. No more than two proposals for the park will be considered per contractor license. w. All disturbed areas shall be seeded with turf type Tall Fescue and mulched with wheat straw unless otherwise specified on the drawings. x. 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. y. 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. z. Proposers shall comply with all Federal and State laws pertaining to playgrounds. aa. 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. bb. 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 %" x 11" white papers and bound in one volume. Displays should be provided as requested. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 16 of 20 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 throughout the 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. 15. ANTICIPATED PROJECT TIMELINE: subject to change Date Time Description Friday, February 24, 2017 8:00 AM Date RFP available and date of advertisement 2nd Advertisement: Friday, March 03, 2017 Friday, March 03, 2017 10:00 AM Non -Mandatory Pre -Proposal Conference„ all interested parties are strongly encouraged to attend Thursday March 09, 2017 End of day City intends to issue Final Addendum — if applicable Deadline to submit a sealed response to the City of Thursday March 23 2017 Before 3:00 PM, Fayetteville, Proposals shall be received prior to the , local time deadline, no exceptions. Distributed to Selection Committee Week of March 27, 2017 TBD Interviews with short listed vendors — if applicable Friday, March 31, 2017 4:00 PM Deadline for negotiations and finalization of contract, City Clerk deadline for City Council Meeting Tuesday, April 11, 2017 4:30 PM City Council Agenda Session Meeting for 04/18/17 Tuesday, April 18, 2017 1 5:30 PM I City Council Meeting to consider contract for approval City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 17 of 20 City of Fayetteville RFP 17-03, Kessler Mountain Regional Park Playground 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: X 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: Play by Design, Inc. Primary Contact: Kelli Collins Title of Primary Contact: Playground Consultant Phone#1 (cell preferred): (918)851-9518 Phone#2: (918)809-2293 E-Mail Address: playbydesigninc@gmail.com 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 aoorooriate blank listed herein. Failure to do so may sublect vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 01 Kelli Collins 03/08/17 03/15/17 City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 18 of 20 City of Fayetteville RFP 17-03, Construction of Kessler Mountain Regional 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; connecting ADA sidewalks; 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. Playground Equipment for Ages 2 -12 Complete in place as proposed Playground Rubber Tile Surfacing: Complete in place as proposed Site Furnishings: (min. one 6' bench) Complete in place as proposed Rotary entry sign and emblem ADA Concrete Sidewalk Connections: Complete in place as proposed (Also includes pad & curbing for playground) $ 198,553.91 $ 48,209 $ 14,697 $ 13,920 Site Restoration: $ No charge -included in scope of work Includes 4" depth topsoil, Fescue seed and straw TOTAL PRICE PER PROPOSAL SPECIFICATIONS*: $ 299,990.91 *Total Price per Proposal Specifications shall equal the sum of all line items provided above. THIS FORM CONTINUES ON THE NEXT PAGE City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 19 of 20 PROPOSER'S NAME CONTRACTOR'S LICENSE # CONTACT PERSON TITLE ADDRESS TELEPHONE EMAIL ADDRESS AUTHORIZED SIGNATURE PROPOSER NAME: Plav by Design, Inc Play by Design. Inc. 0333680517 Kelli Collins Playground Consultant 3619 E. 105th St. Tulsa, OK 74137 918-851-9518 FAX 918-298-4898 playbydesigninc@gmail.com 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 17-03 Kessler Mountain Regional Park Playground". 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 In7c_gaugh2fayetteville-ar.Roy. City of Fayetteville, AR RFP 17-03, Kessler Mountain Regional Park Playground Page 20 of 20 r 0 a ► .e ` L Z m 0 it i". * •. ��. T �{ 4 rt r 1't..'. v'r r. • c 3 A p.. I i r �r�, Pp,•*. NVld3115 rawv. »w a M'.. �. :A sN W aOM-40 N11lN1SN00 d4 NI/1N(O1dld1 kc," e J!'�' t' y O N � W w W � W ~ O' 5O II � � 2 � o Z x � m x t d w O � U Q � w w � U t r i i w � z a{ NNN r co z xo � + it _� 1 5 / ti• 5r155 5 15 5 � 5 5 1 \ L ti� wzo mg e 5a A ASA HUTCHINSON STATE OF ARKANSAS LEON JONES, JR. GOVERNOR DIRECTOR ARKANSAS DEPARTMENT OF LABOR �,:��..' PREVAILING WAGE DIMSION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4506 TRS: 800-285-1181 January 3, 2017 Alison Jumper City of Fayetteville 113 West Mountain -Fayetteville, AR 72701 Re: KESSLER MOUNTAIN REGIONAL PARK PLAYGROUND FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear -Ms. Jumper: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 1.6-333 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 shalt 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 GeneralFPrime 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 Ise at (501) 682-4536 or fax (501) 682-4506. Sincerely, Lorna K. Smith Prevailing Wage Division Enclosures i Arkansas Department of Labor Prevailing Wage Determination ©ate: 1/3/2017 Determination #: 16-333 Expires: 7/3/2017 Project: Kessler Mountain Regional Park Playground Site: City: Fayetteville, Arkansas Project County: Washington Survey#: 716-AH05 COUNTY(S) Group Washington 5 CLASSIFICATION Basin 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 Fxcavator/Trackhoe $18.75 - Asphalt Raker $15A5 $1.55 Truck Driver (Excludes Dump Truck) $17.20 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 7/1/2015 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 68,E-4536 for a request form, 1/3/2017 2:30 PM Page 1 of 1 w C9 Z r� w CL a 0 z LLJ F z r-i LL Z LU LU w O CL w Ww 0 C -C V) � ; . � cv N [0 L ro 0. > o (A � troCLt) 4--+-+ u L ro 4� .� 0 Q c ro .w _0 V w -o 0 E c o n� n Ln 4� c a a cn to Of OL ro 4-1 Z o OL E a�j��� c ro 0 ro 0 �?0ctv;� 0 0 u rru Q Q 0 o ° 0 a- u E 0 u0 a) C 0 O T3 U a O Q 0 S' zi rO U 4 C: U ro 0 U ro wri' ° w qjm�'� "3 E u � Z07 O 'U o Ln-0 m ' ro �•� ro > a 0 u 0 C cIi O C 0 0o Lid m i LO 00 00 m W co .I L C 0 u v a_ v c a L9 fo E c O u to m v (U LU ►A 0 v rd 4- c O u re, LI)O� z�r�v d < W Y 0 d H a � (D u LUJ wui O O to d o=� w �. i O r, LL N Q 0 .4 LL U) w ZOo w uLU t� o w LU J m � O w 0 CL UO C, 10 cn O 0 LU u0 rn d � � w QG U- a- O V] Ln 7 LU Lu 0 w a w w Kessler Mountain Park Playground Executive Summary Our design for Kessler Mountain Park includes two ADA accessible, age appropriate, nature inspired play experiences. We have incorporated life like tree logs, boulders, climbers, bouncers, music, and critters. Themed Concepts, our playground manufacturer for this project, sets the standard in customized natural themed environments. The playground area will measure approximately 50 x 70 and includes (2) structures, one for children ages 2-5, and the other for children ages 5-12. There will also be freestanding play equipment to be enjoyed by both age groups. Visitors will be able to access the playground via the 5' wide sidewalk that we will install. It will link the parking area to the playground and will measure approximately 110' in length. We chose to design and provide two areas of play based upon the age groups of 2-5 and 5-12. The reason for this is rather elementary; 2 year olds are physically different- they have shorter reach, less strength, less coordination, less balance, and are mentally undeveloped in terms of choices and consequences as compared to the older aged children. Because of these differences, the playground equipment included on a structure intended for children between the ages of 2-12 must be "dumbed down" to protect the youngest user, which means the older kids have to use equipment inappropriately to get suitable challenges, and this raises the risk for accidents and injuries. Separate play areas with signage will allow parents to make more informed decisions about where they let their children play, and better insulates the public against lawsuits for injuries. The structures we designed for Kessler Park -are specifically designed and intended for children in the ages of 2-5 and 5-12. All of the play elements included on each structure follow the standards associated with age appropriate playgrounds, and each area is marked with age appropriate signs. We realize that this playground would not be feasible if it were not for the generosity of the Fayetteville Rotary Club. Because of this, we have created a custom sign that takes on the look of two large, natural trees. It is important to know that you can customize this sign to say whatever you deem appropriate. We have also included signage on the rooftop of the 5-12 structure. Regarding shade, both of our playground structures include roofs that will provide shade for the children. We have also included a 20' x 24' x 8' high shade structure that will be installed over the Dragonfly See Saw bouncer. This large shade will "throw off" shade to other areas of the playground structure throughout the day. And while it is important to shade the kiddos playing, it is equally important to provide shade to the parents, aunts, uncles, and friends who are sitting on the benches. Therefore, we have incorporated a 10' x 10' x 8' high cantilever shade structure over each bench. These cantilever shades will have just one post, and will also have glide elbows which will allow for easy removal if desired. An ADA compatible, 5' wide sidewalk will be poured that will lead visitors from the parking lot to the playground structure. This sidewalk will be approximately 110 linear feet. In addition, we will pour a 4" thick concrete slab for the play structure, and encircle the area with a concrete curb that measures 8" wide by 12" tall. The total curbing will measure approximately 210 linear feet. If it is the desire of the Parks Department, we can create a second opening to the playground structure so as to allow for a future sidewalk that would lead to the future pavilion area. All of our concrete will include appropriate gravel, forms, and rebar. The surfacing of the playground will include 24" Premium Rubber Tiles manufactured and installed by Sof'Surfaces. We created a design that mimics the look of a river running through the playground area. These tiles carry a fabulous warranty. For the first 6 years, 100% is covered on durability, fall height, and installation. After the first 6 years, the warranty will cover 50%.... even if it is 20 years later! If awarded this project, we can expect an 8-10 week lead time for the manufacturing of the custom playground equipment. Our installers will be on site for the delivery of the equipment and will begin installing promptly. Their installation will take 7-10 days. After all of the equipment is installed, the concrete work will begin. This process will take 5-7 days, however the concrete must "cure" for a minimum of 10 days. Once the concrete has cured, the rubber tiles will be installed, and this process will take 2-3 days. Lastly, we will clean the site, restoring it to the condition it was prior to our work. Thank you for this opportunity. We are confident you will be pleased, not only with our products, but our service, experience, and professionalism. Scope of Work Site Preparation • Identify all utility lines and underground irrigation • Construct tree protection fencing around all trees near construction site • Consult with Parks Department for placement of site amenities Installation of Equipment, Site Amenities, Shade • Install both playground structures and freestanding equipment per manufacturer's recommendation as well as 20' x 24' shade structure. Installers will include individuals from Therned Concepts, the manufacturer of the playground equipment, along with experienced and professional local installers _ • Install (2) benches and (1) trash receptacle • Install (2) cantilever shades over benches Concrete Pour a concrete pad measuring 4" thick, 3000 Psi for the playground structure • _ Pour a concrete curb to encircle the playground area • Construct ADA sidewalk from parking lot to playground structure. All concrete will be 3000 psi Installation of Surfacing • Install Sof'Surfaces Premium rubber tiles on the playground surface. Installation will be done by SofSurfaces Certified Installers Clean Up • Clear site of any debris • Restore area to condition prior to the construction project, including 4" depth topsoil, fescue seed, and straw R 5ti riF- -n I (L�JI p fir N'ST ..A55€C 8t YCii: K 28 E:IJELTEN EP:4Nf� r i Chemed Setting the standard in custom environments since 1971. Representative Kelli Collins Play By Design 918-851-9518 O 4T b11_- lIILLL...11llll ffy Presented Project Kessler Mountain Park 17-179 Drawn By: DG Date: 3/15/17 Revision: 0 Project Details Recommended Age Group: 2-5,5-12 ADAAccessible: Yes Fall Height: 96" Required Space: Elevated Components: 17 Ground Components: 17 Play Types: 15 Container Area: Feet Inches Perimeter: Linear Ft Scale: As Shown The playground equipment presented here complies with all safety and accessibility guidelines and performance specifications set forth by the most recent releases of the following governing bodies: ASTM F1487 CPSC Handbook for Public Safety Themed Concepts 749 15th St SW Forest Lake, MN 55025 www,them edconcepts.com 855-724-3270 Prepared By: Cthemed Setbng the standarc, in custom environrnenL, since 197L YOUR CUSTOM PROJECT rc.f7 w.-2 i i 7 �ir L, r , I r I I a, I -e, V, c., - a-... r o i h f—Iod,nuig, i -oclosIvo. 4twatmk v*o*m cA Thw"d Cam;wi Project. Kessler Mountain Park Project No: 17-179 Presented To: The City of Fayetteville. AK playbydesign r y • ry: A �1 SRI max. 'c�.r.'-�'_ �'�!,�5 3i'�' _ .r . ,..'4. k - ` _ _ . art. 1 Xl`€ rz' -.rr'" -• ,y 4 .. o s ' ,.. ., QIthemed rwni«z r:. nv. Kessler Mountain Par'; cm�*c: m:17 17) - - CdNCEP1 > itr i igrs - �,: - 2 Mar r�liY-' � Min rite ltns: -•. playbydesign I� 'A a• _ Olt f . ,�,� ski e m e C� Pro}..e ka�n•- Ke35l�r trl4jt!l�32in P�rh F�ajaa Nn; 71 77'� fi�rr'►► ``�� �r +�'�+ RuW[7+�shiAc Pier By' C3i*Sil�il - _ t. +ra�.elc x:er n.�aaz- e? s-3. M�,rsN HE g iifn i�r Ya,ar ■ r • The Panel Tree System is a two tower, 2-5 play fort that is ADA accessible and full of different play events and discovery features. The two towers each have there own roofs and are connected by a bridge. The play events included are: - Raccoon Family Climber - Lower level hideouts - Finger maze - 6ft slopped bridge - Built-in fungus climber -Telescope with actual magnification - Standing Log Climber - Log ladder - 40" right turn slide - Hidden tactile critters - ADA stump Chemed transfer point - Real bark texture - Lumber roofs This feature will include age appropriate safety labeling them ed CONCEPTS �.a(n� Nam,: kessfer F.4s�umzri�rFark Mokatra.7.7 '#79 These functionally linked together ground play features, appropriate for the 2-5 age group have a variety of play types and create a path of continuous play. Kids can hop, step or climb from one piece to thew next without ever having to touch the ground. Colorful hand sculpted detail is put into every piece and hidden critters are added in as an extra tactile discovery element. Classic Rock 010 - Real rock texture - Easy to climb rock - 40" height 72" Log Tunnel - Real bark texture - Added high grass & cattails - Peek window opening - Hidden critters Boulder Step C themed v,�jn, «,�..! KeszleM X:irnrni zin Park �m!«+� W: 17-179 CONCEPTS ROPM-d Nx plav fly DE-vq n 4 ,$ k1f 12" Log Steps .. Chip Steppers fTurtle on a Rock Rea is is scu p e ur e Fallen Branch Balance Beam - 24" height - Real bark texture - Functions as steppers - 12" height These features will include age - appropriate safety labeling The Forest Tree Fort System has a variety of climbing feature appropriate for the 5-12 age group that are fun yet challenging. Having realistic tree Chemed supports and lumber' roofs and barriers, this system will fit perfectly into any natural environment. The play features included are: - Forest Tree Tower w/ a 56" deck - Attached single tree post w/ cable core web net f - Classic climbing rock 28 - Built-in Branch Climber - Fireman's Pole - 72" mesh sided sweep bridge - Multi deck Forest Tree Tower - Stump Chemed ADA transfer point & stairs - Vertical ladder climber to 56" deck - Pine Peak Climber to 64" deck - 72" sectional right turn slide -Telescope with actual magnification - Cable core crew net to 88" deck - Fayetteville Rotary Club sign - 96" straight slide - Market Panel - Eagle topper F' _ -Hidden critters - Real bark texture 1 N This feature will include age =- appropriate safety labeling G Q.,themedy,��y_ CONCEPTSarap�rasna:�rsSEei!' ainf<3r'r ��`rsa�rhr�7'7�-.----- Dragonfly See Saw ,d e en Organic Notes - Pipes Let kids make music and sound the natural way. The Organic Note Pipes have tree Chemed supports with funned pipes for kids to plink and play. A1 p Profcstaan,*:KtSs[et�.9aurta�nA3rk Penlscca�ia:57.}79 WICOP[ay 6; Design These features will include age appropriate safety labeling Site Amen tie: Rock Trash Receptacle Boulder Bench with Back - 72" long - Real roc Reference design photo Rotary Club Tree Entrance Two hand sculpted and airbrushed trees create an arched entry to the play area. A custom vinyl sign with the Fayetteville Rotary Club logo will be centered above the entry. tha m6 Cj�``� � ` O N C F PTS 4o¢IDvwL�e7i�p: €cl iV rw� ( F] ' Whether poking out of tree house knotholes, or tucked away in a little nook, these critters are a great way to add exploratory and tactile value to any of our standard or custom play pieces. At Themed Concepts, we understand that it's the attention to detail that can make or break a perfectly designed project. Reference Photos yy .. .yam` ., •{°�''•Tw'(C< '�J7 j ! .r;' w , .a V7, _ ff V� ''. them C ankcs eiu�,.+•K�s�c�r hrti�ta��1n �2,r3: 4u�'i� �'�`i-17g ' CONCEPTS Er P. 7 �•F.J.a a 7. , pq i� _ k � h ma Ressxer Morin#aix€1xax1¢ na tia+:w1 1' -� yp•� �Mw. � I € 7 r � QLh y- roA.de.r.Fvn�rrr pjqdCONCEPTS tt f CANTILEVER UMBRELLA SHADE 103 MODEL ii: CU1010M CU101008� REF.# 1 Column - 2 Cantileve 3 Rafter - c 4 Strut - 0 5 Canopy- 6 Hardwan 7 Anchorl- im 3.0' Sq { (4)#5 EW „ Top And Bottom `Footing design based on 1500 PSF soil hearinn nrescure_ 1111111V ■E ma[ ME 3 2 rriVly l VICVV ,mMlKey: Superior Shaae i 3 }—ITEM NUMBER `�� 150 Adamson Industrial Boulevard [ice ITEM NUMBER Carrollton, GA 30117 3 OVER OTY. 1-888-829-8997 3 2 1 ------ ---- 1 2 3 REF.# PART DESCRIPTION CITY. I r..i.— 4 4 4 1 2 1 4 A Wur- VIEW Rectangular 4-Column Hip Shade ale: bnaoe sryie: bneet: Varies Hip Design 1 of 1 .ie: UnItS: r pos-Fu Inches / Feet 2 3 rM1• 0M 7® V 45 COLOR SPECS OvANGS BUTTERSCOTCH SD YELLOW *PATINA GREEN WEATHER-SHIELDTM is an extra step in our coating process, which offers " enhanced corrosion protection to your playground. This is the standard metal treatment we offer for the sake of producing the highest quality products for our customers. We use Weather -Shield" on all of our coated metals. The coating Process begins with our standard triple -coated, corrosion -resistant Allied steel tubing. Next, a layer of an environmentally -friendly epoxy powder coating —specially formulated *ROMAN BLOE to greatly improve corrosion protection, chemical resistance, and edge coverage —is applied. Finally we apply our polyester powder coating finish color, which offers superior protection against UV exposure. Perfect for harsh weather conditions or coastal locations, our Weather -Shield" application processes will greatly lengthen the life of your playground investment. 'Indicates colors that are 30% gloss. All other colors are 90% gloss. Colors may vary slightly from product due to printing process. Ask your Dealer for color samples. - SILVER METALLIC WHITE BEIGE COPPER PENNY POWDER -COATED METAL COLORS VINYL POST PAD tk Yellow Beige .#1 W i,. 1 SUPERIOR R ECR EATIL NAL PRODUCTS Superior Shade RI v_vR GiIM GREEN CREAM YELLOW PLAIN BEIGE SHADE FABRIC COLORS SUPERIOR RECREATIONAL PRODUCTS SHADE BY SUPERIOR RECREATIONAL PRODUCTS 1050 Columbia Drive, Carrollton, GA 30117 800.327.8774 1 sales@siibrands.com Shade Structure Material Specifications FABRIC SPECIFICATIONS • Shade fabric is made of UV stabilized cloth manufactured by ALNET or approved equal. • The high density polyethylene material shall be manufactured with tensioned fabric structures in mind. • The fabric knit is to be made using monofilament and tape filler which has a weight of 9.38 to 10.32 oz. sq. yd, Material to be Rachel -knitted to ensure material will not unravel if cut. • Burst strength of 828 Ibf (ASTM 3786). • Cloth meets fire resistance tests as follows: Alnet Extra Block: California State Fire Marshall Reg. #F-93501 Others: NFPA 701-99 (Test Method 2) and ASTM E-84 FABRIC PROPERTIES STRETCH STENTORED Tear Tests (Ibs/ft) WARP 44.8 WEFT 44 Burst Tests <Ibs ft) 828 - Fabric Weight (oz/sgFT) avg 1.02 to 1.07 Fabric Width 9'-101, Roll Length 150, Roll Size 63" x 16.5 Weight 120 Ibs. Life Expectancy 10 years Fading Minimum fading after 6 years, 3 years for red and yellow Temperature -77 degrees Maximum Temperature +167 degrees Continued on Page 2 a, o:o.ir• srpshade.com 11 S S F1 A D I -a . Shade protection and UV screen protection factors are as follows: SHADE PROTECTION AND UV BLOCK OUT Color Shade Cover UVR Block Out True Blue 93% 89% Beige 97% 87% Forest Green 96% 94% Sun Blaze 94% 91% Silver 95% 93% Black 98% 97% River Gum Green 95% 92% Sky Blue 95% 94% Navy Blue 96% 95% Turquoise 94% 94% Yellow 76% 94% Cream 74% 92% THREAD • Shall be 100% expanded PTFE fiber whichcarries a 10 year warranty that is high strength and low shrinkage. • Shall have a wide temperature and humidity range. • Abrasion resistant and UV radiation immunity, Shall be unaffected by non -hydrocarbon based cleaning agents, acid rain, mildew, chlorine, saltwater, and pollution. • Lockstitch thread - 1200 Denier or equal. • Chain stitch thread - 2400 Denier or equal. STEEL TUBING • All fabricated steel must be in accordance with approved shop drawings and calculations. • All steel is cleaned, degreased or etched to ensure proper adhesion of Superdurable powder coat in accordance with manufacturer's specifications. • All Steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing up to 5"-7 gauge shall be galvanized per Allied Steel FLO-COAT specifications. Schedule 40 black pipe fabrications shall be sand -blasted and primed as described below. • All non -hollow structural shapes comply with ASTM A-36, unless otherwise noted. • All hollow structural steel shapes shall be cold formed HSS ASTM A-53 grade C, unless otherwise noted, • Plate products shall comply with ASTM A-36. SUPERDURABLE POWDER COATING & PRIMING • All non -galvanized steel shade to be sand -blasted and primed prior to Superdurable powder coating using reclaimable blast media in a mixture of GL50 & GL80 Steel Grit, All non -galvanized steel must be coated with rust inhibiting primer prior to applying the Superdurable powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp. E396-GR1372 epoxy Superdurable powder coating semi -gloss smooth zinc rich primer. n: ". 0 1.L:' , srpshade.com 12 SHADE Welds shall be primed with rust inhibiting primer prior to applying the Superdurable powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp E396-GR1372 epoxy Superdurable powder coating semi -gloss smooth zinc rich primer. All steel parts shall be coated for rust protection and finished with a minimum 3.5 mil thick UV -inhibited weather resistant Superdurable powder coating. Powder used in the Superdurable powder coat process shall have the following characteristics: CHARACTERISTICS N.3.1 Specific Gravity 1.68+/-a05 N.3.2 Theoretical Coverage 114+/- 4 ft 2/lb/mil N.3.3 Mass Loss During Cure <1% N.3.4 Maximum Storage Temperature 75` F • Superdurable powder coating shall meet the following tests: ASTM HOI TM 10,219 ASTM D2454-91 ASTM D3363-92A ASTM D2794-93 ASTM D3359-95B ASTM D522-93A ASTM B117-95 UL DtOV2 • Application criteria: TESTS Gloss at 60 Degree 85-95 PCI Powder Smoothness 7 Over -Bake Resistance Time 200% Pencil Hardness H-2H Dir/Rev Impact. Gardner 140/140 in/lbs Adhesion, Cross Hatch 513 Pass Flexibility Mandrel 1,4" dia. No fracture Salt Spray 1,000 hours Organic Coating Steel Recognized Enclosures, Elect Eq. APPLICATION CRITERIA N.5.1 Electrostatic Spray Cold Substrate:0.032 in. CRS N.5.2 Cure Schedule 10 minutes at 400' F N.5.3 Pretreatment Bonderite 1000 N.5.4 Film Thickness 3.5 Mils I WELDING All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications. Welding procedures shall comply in accordance with the AWS Dl.l-AWS Structural Welding Code -Steel. All welds to be performed by a certified welder. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings. All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire. Shop connections shall be welded unless noted otherwise. Field connections shall be indicated on the drawings. Field welded connections are not acceptable. All fillet welds shall be a minimum of/4" unless otherwise noted. All steel shall be welded shut at terminations to prevent internal leakage. r. osx •.1' srpshade.com 13 4 SHADE • Internal weld sleeving is not acceptable. • On -site welding of any component is not acceptable, SEWING • On -site sewing of a fabric will not be accepted. • All corners shall be reinforced with extra non -tear cloth and strap to distribute the load. • The perimeters that contain the cables shall be double lock stitched. INSTALLATION HARDWARE Bolt and fastening hardware shall be determined based on calculated engineering loads. + All bolts shall comply with SAE-J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F-594, alloy Group 1 or 2. • Upon request, Stainless Steel hardware shall comply Ath ASTM A-304. 1/4" galvanized wire rope shall be 7x19 strand with a breaking strength of 7,000 lbs. for shades generally under 575 sq. ft, unless requested larger by the customer. For shades over 575 sq. ft., cable shall be 5/16" with a breaking strength of 9,800 lbs. Upon request, 1/4" Stainless Steel wire rope shall be 7x19 strand with a breaking strength of 6,400 lbs. 5/16" Stainless Steel wire rope shall be 7/19 strand with a -breaking strength of 9.000 lbs. All fittings required for proper securing of the cable are hot dipped galvanized, CONCRETE • Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318 unless specified by the governing municipality. • Concrete specifications shall comply in accordance with, and detailed as per plans as follows: 1. 28 Days Strength F'c = 2500 psi 2. Aggregate: HR 3, Slump: 3-5 4, Portland Cement shall conform to C-150 5. Aggregate shall conform to ASTM C-33 • All reinforcement shall conform to ASTM A-615 grade 6p. • Reinforcing steel shall be detailed, fabricated and placed in accordance with the latest ACI Detailing Manual and manual of Standard Practice. • Whenever daily ambient temperatures are below 80" Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (see table). srpshade.com 14 r • The contractor shall not pour any concrete when daily ambient temperature is below 55` Fahrenheit. TEMPERATE Temperature Range % Accelerator Type Accelerator 75-80` 1% High Early (non calcium) 70-75' 2% High Early (non calcium) Below 70' 3% High Early (non calcium) FOOTINGS • All anchor bolts set in new concrete shall be ASTM A-307, or ASTM F-1554 if specified by engineer. • All anchor bolts shall be zinc plated unless specified otherwise. • Footing shall be placed in accordance with and conform to engineered specifications and drawings. SrH1. ADE srpshade.com 15 SHADE TM Commercial 95 I4drrr+ced Palymorr8 {cs Product Rev.7 10108 Product Descri tion Properties Commercial 95TI is a high quality knitted shade Nominal fabric mass 10 1/2 oz/sq. Yd fabric supplied in bulk rolls, designed for tension (ASTM D3776-1985) (340 gsm) structures, awnings and shade covers specifically Approximate thickness 63 mils for commercial architectural applications. Performance Tensile Strength - Warp 240 Ibs Material Elongation at break 142 % Yarn UV stabilised HDPE Tensile Strength - Weft 535 Ibs Construction Monofilament & tape Elongation at break 60% Pattern Lock -stitch knitted (ASTM D5034-1995-grab test) Temperature range -22IF to +1 67°F Tongue Tear - Warp avg 49 314 Ibs Tongue Tear - Weft avg 54 1/2 Ibs Features (ASTM D2261-19996) Strong HDPE fabric won't rot or absorb moisture. Trapezoidal Tear - Warp avg 85 1/ Ibs Stentered (heat -set) to reduce shrinkage and for Trapezoidal Tear - Weft avg 190 1/2 Ibs ease of fabrication. (ASTM D5587-2003) 10 year UV degradation warranty on fabric. Bursting Pressure (mean) 508 psi Engineered in Australia to meet the harsh climate. (ASTM D3786-2001) Bursting Force (mean) 457 Ibf (ASTM 03787-2001) Usage Instructions Flammability data available on request Do not use against flames. Contact with organic solvents, halogens or highly Tested to AS 1530 Part 1 & 2 acidic substances may reduce the service life of Tested to NFPA 701-99 Method 2 the fabric and void the warranty. Tested to ASTM E84-00 Biaxial elastic material properties available on request. Collour Code Length Width Factor Factor Aquatic Blue 444938 96,8 % Trans UVR PAR Trans Trans 90.2 9.8% 6.4% 11_.2% Block Rtrog Mean 93 6% 15.0 32.2 Black 444945 98 2 % 97-4 2.G % 2-6% 2.7% 97.4% 35.0 59.8 Brunswick Green 444952 962% .93.9 6,1% 4.9% 6,3% 951% 15,0 32.6 Charcoal 444969 94.7% 942 5,13% 5.3% 5.8% 94.79%0 11.4 23-2 Cherry Red 444976 90.1% 75.3 24,7% 10.7% 22,4% 89.3% 8.8 12.1 Desert Sand 444983 94.0 % 85.0 15.0 % 3 G% 16.1 % 96 4% 10.0 20,3 Deep Ochre 444990 9'10" 95.1 % 91.3 B. 7 % 5.6% 8.5% 94.4% 12.1 26.3 Natural 445003 (folded] 54 3,14 Yd 97.9°! 74.3 25-71% 3.2% 30-1% 96.8% 35.0 62.4 Navy Blue 445010 962% 94.4 5 6% 4 8 % 5.7 % 962 % 14.7 33.3 RivergumGreen 445027 94.7% 85.0 15,0°! 7.7% 156% 92,3% 12.6 20.8 Sky Blue 445034 95.2% 90..4 9 6% 6.2% 9.9% 93.890 16,0 21.3 Steel Grey 445041 95,6% l 11.6% 7.0` 12 3% 93.0% 13.1 26.1 Tel 445058 93.0 % 874 12 6% 9,0°° 12 i l0 91.0 % 10.1 15.4 Turquoise 445058 94,0 % 900 10.0% 5.7% 11.7% 94.3% 11.9 18.0 Yellow 445072 98.3% 772 22,8% 2.9% 25.09% 97.1% 45„0 71,3 Approx. roll weight: 122 lbs 1!+IxlMoto ;Trans 9 4117 smtree mlm. t4J0-. Average%or Ohm spedmmAv Approx. roll diameter: - 16" Av, UVR Tron,.,. - Average `,., Transmission within the N%-400nm speol nm Core diameter: - 1 r/z ° Av. PAR Transmis. = Average %Transmiss.on within the 408-770um spectrum f v l (Rating) = aclual rating assigned to matenal tested inc standard deviation UPF (Mean' = average of Uff values tested, excWdes standard deviation The above results are lypical averages from independent testing and qualb y assurance tesling and are no' to be taken as a minimum spacnicatior nor as forming any contract behneen Gaie Pacific and anolhcr pasty. Due to centhwous product improvemer.4 Produc! Pre!aes ate subject to alteration without police. Nett-: As the use and disposal of this product or a beyond Gale Pacific s control, i egardless of any assistance provided without charge, Gale Pacific assumes no obligation or liability lot the suitability of its products in any specific end use application.. It is the customers responsi6ifily to Jetermine whether Gale Pacific's products are appropriate (or the specific application and complies with any legal & paten( regulations FOR MORE INFORMATION -PLEASE CONTACT: Australia Gale Pacific Ltd. PO Box 892, Braeside, Victoria, 3195 Phone +61 3 9518 3399 Fax +61 3 9518 3398 NZ Gale Pacific (NZI Ltd, PO Box 15118 Al Christchurch Phone +64 3 373 9500 Fax +64 3 373 9501 UAE Gale Pacific FZE, PO Box 17696, Jebel Ali, Dubai Phone +971 4 881 7114 Fax +971 4 881 7167 USA Gale Pacific Inc. PO Box 951509, Lake Mary, Florida, 32795-1509 Phone +1 407 333 1038 Fax +1 407 333 7716 srpshade.com 16 SHADE Shade Warranty GENERAL CONDITIONS The warranty set forth shall be the purchaser's sole and exclusive warranty. All warranties below are effective from the date of delivery by Superior Shade, its subsidiaries, or agents. Superior Shade reserves the right to repair or replace any item covered by this warranty. • This warranty will be void if the structures are not paid for in full. The warranty is void if the structures are not installed in strict compliance with the manufacturer specifications. • Purchaser shall notify Superior Shade or its agent in writing detailing any defect for which a warranty claim is being made. • Superior Shade shall not in any event be liable for indirect, special, consequential or liquidated damages. ■ Superior Shade specifically denies the implied warranties of fitness for a particular purpose and merchantability. • The warranty is void if any changes, modifications, additions or attachments are made to the structures or fabric without the written consent of the manufacturer. s No signs, objects, ornaments, fans, lights, fixtures or decorations may be hung from the top part of the structure, unless specifically designed and engineered by the manufacturer, These items may interfere with the fabric causing the warranty to be voided. r 1 year limited warranty on all moving parts and any item not specifically listed above. THREAD Thread shall be 100% expanded PTFE fiber that is high strength and low shrinkage, which carries a 10 year warranty. This warranties that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather and water. All other warranties disclaimed. FABRIC Superior Shade fabrics carry a ten-year limited manufacturer's warranty from the date of delivery against failure from significant fading', deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, Superior Shade will manufacture and ship a new fabric at no charge for the first six years, thereafter pro -rated at 18% per annum over the last four years. *The colors Red and Yellow are warranted against significant fading for only two years. If the corners of the fabric are equipped with both holes in the fabric corner PLUS reinforcing straps, BOTH the strap and fabric hole must be placed over each corner hook or the fabric warranty is void. Fabric curtains, valences or flat vertical panels are not covered under the warranty. Fabric is not warranted where it is installed on a structure that is not engineered and built by Superior Shade or its agents. This warranty shall be void if damage to or failure to the shade structure is caused by contact with chemicals, chlorine, bleaching agents, hydrocarbons or hydrocarbon containing solvents, misuse, vandalism or any act of God, including but not limited to wind in excess of the wind limitations set forth below. All fabric tops are warranted for sustained winds up to 76mph (hurricane force 1) and for gusts of up to 3 seconds duration up to 90mph. Removal of the shade fabric is required if damaging winds are called for. Damage due to snow and/or ice accumulation is not covered by this warranty. Canopies should be removed during the "off season These structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) is made to the rafter, cross pieces or ridge beams, or if the fastening apparatus is not secured accordingly. k.,-Y. 04s ;.T" srpshade.com 17 SHADE Superior Shade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine, without recourse by the owner of the discontinued fabric color. STEEL STRUCTURE The structural steel frames are covered for a period of twenty years against failure due to rust -through corrosion under normal environmental conditions. Workmanship is warranted for a period of five years. Structures are warranted for winds up to 90 mph only if shade canopies have been removed as per requirement set forth above in the fabric paragraph. Removal and re -installation must be performed by a qualified person or authorized dealer following the instructions in APPENDIX A below. This steel warranty shall be void if damage to the steel frame is caused by the installer or from physical damage, damage by salt spray or sprinkler systems, contact with chemicals, chlorine, pollution, misuse, vandalism, or any act of God. SUPERDURABLE POWDER COAT FINISH The limited warranty for powder coating provides for the following after a five year exposure period when applied according to the recommendations listed on the product's technical data sheet and appropriate surface preparation has been utilized. • The coatings shall retain their original color with a AE of < 7.5 units for high chroma colors, (Yellows, Reds, Oranges, Etc,) and a AE of < 5.0 units for low chroma colors, when tested in accordance with ASTM D 2244. • The coating shall retain a minimum of 50% of its original gloss level after washing, when tested in accordance with ASTM D 523. • The coating shall exhibit chalking no worse than a numerical rating of 6, when evaluated in accordance with ASTM D 659-80. ACTS OF NATURE This warranty does not cover natural disasters, such as earthquakes, shifts of terrain, or tornadoes. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Appendix A: Proper Care, Maintenance, and Safe Removal of the Shade Canopy AVOID SNOW, ICE, AND HIGH WINDS: Remove the canopy in winter conditions as ice and snow loads are not covered by the warranty. The same goes for winds in excess of hurricane force 1. SHARP OBJECTS: Always avoid dragging the fabric across surfaces, etc, Roll or fold the fabric and carry it, Avoid sharp objects, bolts, snags, and other protrusions including mounting hardware. OBSTRUCTIONS: Keep foliage, such as tree limbs, shrubbery, and bushes, trimmed back and away from fabric at least three to four feet. SOURCES OF HEAT: Avoid contact with heat sources such as hot lights, torches, and avoid using grills, etc, under the fabric. CLEANING THE FABRIC The fabric itself is generally maintenance free with the exception of necessary removal due to weather or seasonal requirements. The fabric does not harbor mildew or mold, but residues such as tree sap, leaves, bird droppings, dust and dirt may need to be srpshade.com 18 SHADE removed. To clean the fabric, use water and mild soap. A soft mop or soft broom may also be used. Cleaners that do not contain hydrocarbons, solvents, bleach or ammonia may be used. Use of solvents, hydrocarbons, bleach, and ammonia type cleaners will void the fabric warranty. A pressure washer may be used if necessary using a wide -spray nozzle. CABLES AND HARDWARE It is recommended that the cables be replaced every 3 to 4 years or if corrosion is visible, whichever comes first. The cable ends must be wrapped with tape to secure any wires; thus, preventing the wires from tearing the fabric. Taping must be done when removing old cable as well as when installing new cable. Clamps should be replaced when the cable is replaced. If the cable appears slack on a still day (no wind), immediately have the cable and clamps re -tightened by a qualified person. The cable should not be slack. GLIDE ELBOW`" Lubricate Glide Elbows'" annually and before operating. A waterproof grease is recommended such as a lithium -based grease or anti -seize thread lubricant.. STORAGE Fabric must be stored in a clean, dry place free from snags, sharp edges, etcetera. The storage area must be rodent -free. Wrap all hardware fittings with rags or some other protector, as they can damage the fabric, UNINSTALLING THE SHADE CANOPY NECESSARY CARE: It is important to take necessary care when handling the fabric during removal and installation to prevent damage to the fabric as well as SAFE control of the fabric in a breeze or wind. The fabric is tough and engineered for use as a shade, but it can tear or cut when or if pulled over a snag or sharp item; it can puncture from bolts or other- protruding objects; and it can melt from objects such as like cigarettes, matches, hot torch tips, sparks and the like. In addition, care must be exercised to avoid the fabric hooks after the fabric is unhooked from the elbow corners and sides of the structure where there are intermediate supports. It is best -to wrap any connected mounting hardware to prevent it from harming the fabric. PROPER AND SAFE: Based on the size of the canopy, several persons may be needed to properly and safely handle the fabric during the uninstalling process. You will need several commercial ladders or other means to work safely at heights such as scissor lifts, etc. It is advised that you pad the post side of the ladder and tie the ladder to the post. The pad is to protect the post finish. Also keep in mind that every 100 square feet of fabric (10° X 10') weighs approximately five pounds; a large canopy can get heavy fast. For proper control of the fabric, read below. It is best to remove the fabric on -a still day. Do not attempt to remove the canopy in strong or gusty winds. REMOVAL OF THE CANOPY: Do not attempt to remove the canopy in strong or gusty winds. STANDARD ELBOWS: For shade structures with Standard Elbows, loosen the turnbuckle several turns in order to put enough slack in the cable to allow the fabric and cable to unhook from all the elbow hooks. Attach 3/8" or larger ropes to each corner of the fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from -the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the fabric and cables from each corner. On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. It may help to wrap the rope around a column to help hold it from getting caught in the wind. Fold the fabric back away from the hooks. Now it will be necessary to remove the cable clamps to allow the cable to be free from the structure and the turnbuckle. If the cable ends are frayed, wrap them with tape. It is usually not necessary nor is it recommended that the cable be removed from the canopy. With a person on each rope, starting at the windy side, gently pull the canopy down in between the framework of the structure. The side away from the wind can be guided with the ropes toward the persons pulling the canopy down, 1.1;.srpshade.com 19 SHADE It is important when reinstalling the canopy, that it is put back in its original orientation to the structure, Starting at the turnbuckle corner, the fabric and cable corners should be returned to their original positions. GLIDE ELBOWS: For shade structures with Glide Elbows, remove the protective covers from the ends of the glide elbows. Then, using the proper wrench, turn the hex nuts on the end of the Glide Elbow to run the glide hooks to their top most position. Do no loosen the cable clamps, leave the cable intact. Attach 3/8" ropes to each corner of the fabric and cable before unhooking to se- cure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure, These ropes are to prevent the shade from flying away in the wind and to help prevent injury to ground personnel, Once the corners have been secured to the posts, unhook the fabric and cables. On the side away from the wind. release the corners of the fabric and cable and have a person hold on to each rope. Fold the fabric back away from the hooks. It is a good idea to put the Glide Elbow pro- tective covers back in place. With Glide Elbow installations it is not necessary to loosen or remove the cable clamps nor to remove the cable from the canopy. If the cable ends are frayed, wrap them with tape. When uninstalling the canopy, mark or identify the corner of origin in such a way that when reinstalling the canopy, it is put back in its original orientation to the structure. The fabric and cable corners should be returned to their original positions when reinstall- ing the canopy. The cable and fabric should tighten properly when the glide elbows are adjusted down into their tension positions. SHADE SAILS WITH FANS: For shade sails equipped with fans, loosen the adjustable threaded rod several turns in order to put enough slack in the cable to allow the shackle pin to be removed (do not remove the pins until the fabric corners have been secured with ropes). Attach 3/8" or larger ropes to each corner of the fabric and fan before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the shackle from the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the shackles and lower the fabric and cable to the ground. REINSTALLING HINTS Using the same rope technique, install from the windy side (if it is breezy) making sure to secure these ropes to the posts. Then, throw the remaining corner ropes over the structure and gently pull the canopy into position. The cables and fabric corners can now be fastened on the hooks (and cable guides if so equipped). Next reinstall the clamps if applicable and tightened the cable with the turnbuckle or the Glide Elbows. Do not attempt to install the canopy in strong or gusty winds. - srpshade.com 110 LIMITED SAFE PROD UCT' WARRANTY RUBBER PLAYGROUND TILES Effective as af: / / Last Revised: May 26, 2016 sc,K. .. ,' FACET„ Inc, -waefan( t-, tf,s:rt duraSAFE t€ es � ffi be free trorn defeci;a :'1 rnatpdak and •wrt `krq',,nshlp. so'fSURt ACES <ufter Ill "A r.it,.,s..d.€--#_ t ki_ . ( Rh the re'auiff`ri`mnt, el U--he Al-'- ' i219:r,P"1r-3 tandaf-d , %d !f`:�,lat nn fr< :r3"ipact lk uat?C2n, i3 h i ,..a,. urn<,'i,? Surface wear due to ordinarg abrasion frorn pedestrian traffic will not penetrate the wear course of the surface. The product will compfg with the requirements of .ASTM F1292-13 at the height for which the duraSAFE product was rated by the manufacturer at the time of purchase, Any segment of a duraSAFE surface that fails to meet the warranty criteria will he repaired or replaced, at and In conjunction with the warranty coverage schedule below. sof5URFACES shall be responsible for 100% of the product cost of the repair or replacement of any product found to be defective or not in compliance with the J�rarrantg herein within the first six (6) years Following the original shipment of the product. Where any p oduct is found to be defective or not in compliance with the waranty herein more than six (6) years following the original shipment of the product, sofSURFACES shall be responsible for 50% of the cost of the repair or replacement of such products as follows (and the buyer shall bear and pay, the remaining portion of such costs): # OF YEARS FROM DATE OF ORICINAL % OF cuRRENT LIST PRICE OF PRODUCT SHIPMENT TO DATE OF CLAIM FOR WHICH SOFSURFACES IS RESPONSIBLE it-i lnl;8:� Product faiture. caused by accidents, rnisuse, natural disasters, vandalism, improper installation, or -maintenance and the like (see installation care and maintenance Instrfh.t10nS), Color change caused bg exposufe to UV and/or n anal abrasion from: Teedesrian traffic Black transfer which: can occur over time to recycled rubber Failure due to improper sub -surface preparation Punctures from extreme high forces, such as high heels, narrow lipped chair or table !egs, kickstands and pogo sticks Use of the product in a manner not intended for Its manufactured application A warranty claim should be made directly to sofSURFACES. Please provide a description of the claimed defect, the date the defect was discovered, ptiotographic images and the project name, site address, phone and email address so we can contact you and request additional information if required to Process gour claim. sofSURF,AOES' liability fs limited to the material and transportation costs of repair or replacement of the product at sofSurfaces option. Where duray.AFF is Installed only) in high traffic areas or installed in combination with other surfacing products notsold big sofSURFACE`a, such duraSAFE are excluded Pram this warranty. In the event of repair, replacement, or refinishing under this warranty, the warranig applicable. to the replacernent material or to the repaired or refinished products will extend only for the time remaining under the original warranty. ,- sgfSURFACES reserves the right l3 discontinue or change any design or color of ang products at. any time without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, a suitable replacement of comparable quality and price will. be recommended, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR - IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Your exclusive remedg for a:ny breach of warranty is as set forth in this warranty. This warranty gives you specetic legal righks. You may have other rights which varg from stale to state and Province to province, ��1ED r, _ , ,ttl� a {IP f AA 1NARRANTY CERTIFIED �cklNGSI Cfsti="��' AS7'M R I,250 , To verify product certification, visit www tpema-org. ar For fulute re{dreflce, please r+ectird our so3SURM(ES S-Digif Stales Ordpr Wistither rnal OutA 4 Purchase liere. Soles Order number: 0R0_ _ _ _ _ Bum of Furrhovs o f S F E Wed like to hear from you! Comments and photos are always welcome! RUBBEP T LE SDLLI IDI+5 :>i'i)V, i.i t_li Ir:t`i,.i i ,. I,�I SI.ff faS, �f Il S (Jt rPC S. �€f f 10 � SHADEM 1lp��it7R: ;, 15 r�: rrianr WARRANTY Including Appendix A, "PROPER CARE, MAINTENANCE AND SAFE REMOVAL OF THE SHADE CANOPY" General Conditions: • The warranty set forth shall be the purchaser's sole and exclusive warranty. • All warranties below are effective from the date of delivery by Superior Shade, its subsidiaries or agents. • Labor for the removal, installation and/or freight will be covered in full for a period of 12 months from the date of delivery for warranty claims; following that, labor for the removal, installation and/or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement -of the defective materials. • Superior Shade reserves the right to repair or replace any item covered by this warranty. • This warranty will be void if the structures are not paid for in full. • The warranty is void if the structures are not installed in strict compliance with the manufacturer specifications. ■ Purchaser shall notify Superior Shade or its agent in writing detailing any defect for which a warranty claim is being made. ■ Superior Shade shall not in any event be liable for indirect, special, consequential or liquidated damages. • Superior Shade specifically denies the implied warranties of fitness for a particular purpose and merchantability. • The warranty is void if any changes, modifications, additions or attachments are made to the structures or fabric without the written consent of the manufacturer. ■ No signs, objects, ornaments, fans, lights, fixtures or decorations may be hung from the top part of the structure, unless specifically designed and engineered by the manufacturer These items may interfere with the fabric causing the warranty to be voided. Thread: • Shall be 100% expanded PTFE fiber that is high strength and low shrinkage which carries a 10 year warranty. • This warranties that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather and water. • All other warranties are disclaimed. Fabric: Superior Shade fabrics carry a ten-year limited manufacturers warranty from the date of delivery against failure from significant fading*, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. Should the fabric need to be replaced under the warranty, Superior Shade will manufacture and ship a new fabric at no charge for the first six years, thereafter pro -rated at 18% per annum over the last four years. *The colors Red and Yellow are warranted against significant fading for only two years. If the corners of the fabric are equipped with both holes in the fabric corner PLUS reinforcing straps, BOTH the strap and fabric hole must be placed over each corner hook or the fabric warranty is void. 012511 Page 1 of 8 7 SUP[H1PHSHADE"' WARRANTY continued • Fabric curtains, valences or flat vertical panels are not covered under the warranty. • Fabric is not warranted where it is installed on a structure that is not engineered and built by Superior Shade or its agents. • This warranty shall be void if damage to or failure to the shade structure is caused by contact with chemicals, chlorine, bleaching agents, hydrocarbons or hydrocarbon containing solvents, misuse, vandalism or any act of God, including but not limited to wind in excess of the wind limitations set forth below. • All fabric tops are warranted for sustained winds up to 76mph (hurricane force 1) and for gusts of up to 3 seconds duration up to 90mph. Removal of the shade fabric is required if damaging winds are called for. Damage due to snow and/or ice accumulation is not covered by this warranty. Canopies should be removed during the 'off season". • The structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) is made to the rafter, cross pieces or ridge beams. • Superior Shade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warranty that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine, without recourse by the owner of the discontinued fabric color. Steel Structure: • The structural steel frames are covered for a period of twenty years against failure due to rust -through corrosion under normal environmental conditions. • Workmanship is warranted for a period of five years. • Structures are warranted for winds up to 150mph only if shade canopies have been removed as per requirement set forth above in the Fabric paragraph. Removal and reinstallation must be performed by a qualified person or authorized dealer following the instructions in APPENDIX A below. • This steel warranty shall be void if damage to the steel frame is caused by the installer, or from physical damage, damage by salt spray, or sprinkler systems, contact with chemicals, chlorine, pollution, misuse, vandalism, or any act of God. Powder Coat Finish: The factory applied powder coat finish is warranted for a period of ten years under normal environmental conditions. This warranty does not cover cosmetic issues such as fading, discoloration, or weathering. This finish warranty shall be void if damage to the powder coat is caused by the installer, or from physical damage, damage by salt spray or sprinkler systems, contact with chemicals, chlorine, thinners, degreasers, hydrocarbon containing solvents, pollution, misuse, vandalism or any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. The owner must report any defects in the powder coat at the time the installation is completed. Acts of Nature: • This warranty does not cover natural disasters, such as earthquakes, shifts of terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. 012511 Page 2 of 8 APPENDIX A PROPER CARE, MAINTENANCE AND SAFE REMOVAL OF THE SHADE CANOPY THINGS TO AVOID SNOW, ICE and HIGH WINDS: Remove the canopy in winter conditions, ice and snow load are not covered by the warranty. The same goes for winds in excess of hurricane force 1. SHARP OBJECTS: Always avoid dragging the fabric across surfaces, etc. Roll or fold the fabric and carry it. Avoid sharp objects, bolts, snags, and other protrusions including mounting hardware. OBSTRUCTIONS: Keep foliage, such as tree limbs, shrubbery, bushes, etc. trimmed back and away from fabric at least three to four feet. SOURCES OF HEAT: Also avoid contact with heat sources such as hot lights, torches, and avoid using grilles, etc. under the fabric. CLEANING THE FABRIC The fabric itself is generally maintenance free with the exception of necessary removal due to weather or seasonal requirements. The fabric does not harbor mildew or mold, but residues may. Residues such as tree sap, leaves, bird droppings, dust & dirt, etc. may need to be removed. To clean the fabric, use water and mild soap. A soft mop or soft broom may also be used. Cleaners that do not contain hydrocarbons, solvents, bleach or ammonia may be used. Use of solvents, hydrocarbons, bleach, and ammonia type cleaners -will void the fabric warranty - A pressure washer may be used if necessary using a wide -spray nozzle. CABLES AND HARDWARE It is recommended that the cables be replaced if corrosion is visible, or every 3 to 4 years whichever comes first. The cable ends must be wrapped with tape to secure any wires thus preventing the wires from tearing the fabric. Taping must be done when removing old cable as well as when installing new cable. Clamps should be replaced when the cable is replaced. If the cable appears slack on a still day (no wind), immediately have the cable and clamps retightened by a qualified person. The cable should not be slack. GLIDE ELBOWS Lubricate glide elbows annually, and before operating. A waterproof grease is recommended such as a lithium based grease or anti -seize thread lubricant. STORAGE Fabric must be stored in clean dry place free from snags, sharp edges, etc. The storage area must be rodent -free. Wrap all hardware fittings with rags, etc. as they can damage the fabric. UNINSTALLING THE SHADE CANOPY NECESSARY CARE It is important to take necessary care when handling the fabric during removal and installation to prevent damage to the fabric as well as SAFE control of the fabric in a breeze or wind. The fabric is tough and engineered for use as a shade, but it can tear or cut when or if pulled over a snag or sharp item; it can puncture from bolts or other protruding objects; and it can melt from things like cigarettes, matches, hot torch tips, sparks and the like. In addition, care must be exercised to avoid the fabric hooks after the fabric is unhooked from the elbow corners and sides of the structure where there are intermediate supports. It is best to wrap any connected mounting hardware to prevent it from harming the fabric. 012511 Page 3 of 8 PROPER AND SAFE Based on the size of the canopy, several persons may be needed to properly and safely handle the fabric during the uninstalling process. You will need several commercial ladders or other means to work safely at heights such as scissor lifts, etc. It is advised that you pad the post side of the ladder and tie the ladder to the post. The pad is to protect the post finish. Also keep in mind that every 100 square feet of fabric (10' X 10') weighs approximately five pounds; a large canopy can get heavy fast. For proper control of the fabric, read below. It is best to - remove the fabric on a still day. Do not attempt to remove the canopy in strong or gusty winds. INSTALLATION IN REVERSE Refer to the Installation Instructions pages 7 and 8 (enclosed). Determine which style elbows (corners) are installed on your structure. Begin on Pape 8, at either Step 11 or Step 9 - depending on which style elbow is on your structure. In general, uninstalling the canopy means following these pages in reverse. Do not attempt to remove the canopy in strong or gusty winds. 1. For shade structures with Standard Elbows, loosen the turnbuckle several turns in order to put enough slack in the cable to allow the fabric and cables to unhook from all the elbow hooks. Attach 3/8" or larger ropes to each corner of the fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the fabric and cables from each -corner. On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. It may help to wrap the rope around a column to help hold it from getting caught in the wind. Fold the fabric back away from the hooks. Now it will be necessary to remove the cable clamps to allow the cable to be free from the structure and the turnbuckle. If -the cable ends are frayed, wrap them with tape. NOTE: It is usually not necessary nor is it recommended that the cable be removed from the canopy. With a person on each rope, starting at the windy side, gently pull the canopy down in between the framework of the structure. The side away from the wind can be guided with the ropes toward the persons pulling the canopy down. IMPORTANT HINT: It is important when reinstalling the canopy, that it is put back in its original orientation to the structure. Starting at the turnbuckle corner, the fabric and cable corners should be returned to their original positions. 2. For shade structures with Glide Elbows, remove the protective covers from the ends of the glide elbows. Then, using the proper wrench, turn the hex nuts on the end of the Glide Elbow to run the glide hooks to their top most position. Do not loosen the cable clamps, leave the cable intact. Attach 3/8" ropes to each corner of the fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure. These ropes are to prevent the shade from flying away in the wind and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the fabric and cables. 012511 Page 4 of 8 On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. Fold the fabric back away from the hooks. It is a good idea to put the Glide Elbow protective covers back in place. NOTE: With Glide Elbow installations it is not necessary to loosen or remove the cable clamps nor to remove the cable from the canopy. If the cable ends are frayed, wrap them with tape. IMPORTANT HINT: When uninstalling the canopy, mark or identify the corner of origin in such a way that when reinstalling the canopy, it is put back in its original orientation to the structure. The fabric and cable corners should be returned to their original positions when reinstalling the canopy. The cable and fabric should tighten properly when the glide elbows are adjusted down into their tension positions. 3. For shade sails equipped with fans, loosen the adjustable threaded rod several turns in order to put enough slack in the cable to allow the shackle pin to be removed (do not remove the pins until the fabric corners have been secured with ropes). Attach 3/8" or larger ropes to each corner of the fabric and fan before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the shackle from the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the shackles and lower the fabric and cables to the ground. REINSTALLING HINTS Using the same rope technique, install from the windy side (if it is breezy) making sure to secure these ropes to the posts. Then, throw the remaining corner ropes over the structure and gently pull the canopy into position. The cables and fabric corners can now be hooked on the hooks (and cable guides if so equipped). Next reinstall the clamps if applicable and tightened the cable with the turnbuckle or the Glide Elbows. Do not attempt to install the canopy in strong or gusty winds. For help call Superior Shade at 1-888 829 8997 See Install instructions pages 7 & 8 attached 012511 Page 5 of 8 /-C3bl� 1r�srts rFabnC CaVa & FaV.0 Stub InVo henna 'sr Heat_ = Cable � Cable 5:10 S —Fabric MDok _ riACk;H e� t� — t-StandarY3 cable Clamps Elbow FaDs1C Cable Clamps. STEM; F.1tso++Gllde€loaalr Securing Fabric Cover y 1 Before attaching fabric make sure that all gWe hooks are in their highest. ,pasitio r at the back end of to slut B I -Working from eiitherend of the structure, pull the Fabric B' sorer over the framework with the HEM SIDE DOWN- - Start with orre of the corners without the loose ends_ Pull the cable over the hook. - Pull the Fabric over the hook insertir Kook through hole in fatiric corner. - Repeat procedure at al corners without the loose bads. Be sure that cable is always below fabric. NOTE: Fabric will be tight and may need pulled over hooks. -Cross cables over within hook at the remaining. comer. Draw cables tight removing all slaa6 _ Secure the cables together with two clamps on C Errtr wither side of hook. C Tuck loose cable ends back into fabric hems_ 1 l Cable End "A" STEM: � Caine - Unroll the Fabric Cover and lay it flat with 1Etac M Cable Clarta� the bottom (Hem side) up_ - Insert one end of the cable into the one of the two Hem openings at a corner. Feed the cable through the hem until it exits at the cable next corner_ Pull the cable completely through Eno ,fin - Catr19 Ena] _'4' 'it7MDUCWS leaving i'- 3^' at the insertion end. - Tuck the. end that just exited back into the Standard Elbow adjacent item on the same corner. ,Application - Repeat this procedure until both ends exit the same corner. Rafter Halter Bracket 3 --- --- 2 3 FAME T Gables Cross Over Each Other tinder Stub. :able _ r Rafter Elbow Leg Cable%-Turnbrr, We f II Clamps ,` r `�T Bracket Turnbuckle TI STEP#9: Standard Efbows -Locate the Rafter with the Turnbuckle Bracket. This will he the corner where the loose cable ends, of the Fabric cover will be located- -Starting at the corner diagonal to the loose cables, pull. tKe cable and Fabric comer hale over the stub welded to the tip of the Elbow. Cable must go over first - Move to the adjacent two corners and repeat this procedure_ NOTE_ Fabric will be tight and may need Fulled by :rope and guided over stub- - Attach one end of the supplied Turnbuckle to the Bracket~ Extend the Turnbuckle to nea r full length leaving one inch of threads unused: at each, end_ Pull one of the loose cable ends around the Elbow leg under the stab. Run the cable end mp the rafter and loop it through the remaining Turnbuckle end. Pull. cable snug tight and secure snug tight with cable clamp. - Repeat this procedure With remai n inrg cable end crossing over the first cable under stub. Pull this cable as tight as pass ible before clamping. - Pull Remaining Fabric: carrier hale over Elbow stub using rape if necessary. - Re -adjust Moth cables as tight as possible before securing with two cable clamps per cable. - Rotate Tumbuckle to apply more tension to cables being careful not to over tighten. Proteefive Cover 'Dr€dn Opening At the !Bottom Wash L rr STEP#10., over B If Glide Elbow. - Remove protective cover from Elbow egad using standard Allen head wrench. orprovide-d T45 Torx wrench. STEP#11: Rotate Hex !Outs 'within Elbow ends the same amount at ;all corners to tension or loosen; Fabric Cover. Be careful: not to over tighten cable and fabric. - Re-insert protective covers and secure with hardware. Z i ---- ---- 7 2 3 Tuck Loose Cable Ends Back Into He Ai I Cable Clamps Shackle Pin ' Fabric Cable Guide-- ♦ S i I Cable Guide Loop $ =Column Bracket fi � Calurnn / Cable damps c SAIL REMOVAL STEP #6 In the event of severe wealiher. Fobrfc rem anal is highly recommended. Locale the starfinig comer with the dangling cables [of each individual suil- Make sure Itial the cables All pass through the Guide Remove the Shackle Pin from each corner attachment tocation_ End of. Pin is threaded into shackle. Rings before crossing each cablearound the cable guide from opposite skies_ Roll IvFmic up neatly. , D Pull on cable ends to remove any slack along fabric ede es and adjacent corners. Store in a warm dry area off of the ground until ready to re -install Secure loose cable ends to adjacent cable with provided clamps_ Tuc k cable ends back into respective fabric; hem- 3 2 i ---- --- i 2 3 Page :4 012511 Page 8 of 8 emed Product Linilted Warranty 01/01/2015 This warranty is exclusive and shall be accepted in lieu of all other warranties. All product and/or service warranties begin on the date shown on the official sales invoice document. Should any breach of this warranty appear within the stated applicable warranty period, Themed Concepts, shall, upon notification in writing of the defect, correct such nonconformity either by repairing any defective product or parts, or by making available a replacement part at Themed Concepts option, within 60 days of written notification. Option to repair or replace product or parts shall be at the sole discretion of Themed Concepts. Themed Concepts shall make repairs to the product or part on site, deliver the repaired or replaced product or part to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective product or parts and the installation of any replacement product or parts. Replaced or Repaired parts shall be warranted for the balance of the original part's applicable warranty period. Replacement of a product or part shall not, under any circumstance, exceed the suggested retail price of the product or part at the original date of purchase. All warranties are null and void if the products and/or part(s) are not erected and installed properly and in total conformity with Themed Concepts installation instructions and maintained and inspected in accordance to procedures furnished by Themed Concepts. Limited Warranty Lengths: Themed Concepts does not warranty any wear and tear resulting from normal use of the product. Cosmetic issues such as surface scratches, chips, hairline cracks, wearing or fading paint, efflorescence visible on the product, or plastic warping or gaping as well as other cosmetic issues are not covered. Any deviation from the installation instructions and/or recommended maintenance procedures provided by Themed Concepts to the customer will void any manufacturers warranty on the product. Themed Concepts does not warranty any product failure or damage due to vandalism. Themed Concepts shall not be held liable due to unforeseen circumstances or causes beyond its control, including but not limited to strike, embargo, riot, war, fire, act of God, vendor delays, or subcontractor or customer caused delays. . To make a claim, please mail your written statement of warranty claim along with your project number and invoice number to: Themed Concepts 794 l 5th St SW Forest Lake, MN 55025 15-Year Limited Warranty: On,all rotationally molded plastic components and High Density Polyethylene plastic sheet, not including plastic products encased in ThemeCRETETM. All structural steel -framework and steel components against structural failure due to manufacturing defects or defects in materials. 10-Year Limited Warranty: On all ThemeCRETETM or GFRC based products against manufacturing defects and structural failure due to natural causes. Product warranty does not cover surface scratches, hairline cracks, chips in ThemeCRETETM or GFRC based products, efflorescence, or wearing of surface pigments or paints. Recycled plastic lumber provided by Themed Concepts". 5-Year Limited Warranty: On all steel components manufactured by other pre -approved playground manufacturers that are encased in ThemeCRETETM or GFRC based materials. Warranty will not cover any manufacturing defects of these products; warranty only extends to the ThemeCRETETM application to the product. 3-Year Limited Warranty: On all ropes, nets and cables, swing components, swing hangers, and rubber or plastic swing seats due to manufacturing defects or defects in materials. 1-Year Limited Warranty: On all plastic components manufactured by other pre -approved playground manufacturers that are encased in ThemeCRETETM or GFRC based materials. Warranty will not cover any manufacturing defects of these products; warranty only extends to the ThemeCRETETM application to the product. he med 794 15th St SW • Forest lake. MN 55025 • 855-724-3270 • themedconcepts.com ✓'� Si + "r Age Appropriate Playgrounds The handbook for Public Playground Safety is the only document produced by the Federal Government that addresses the issue of playgrounds and age groups and has been used successfully to file lawsuits due to playground injuries. The ASTM, American Society for Testing and Materials, is not public domain information published by the Federal Government. CPSC, Consumer Product Safety Commission, specifically calls for a distinct play areas based upon the identified age groups of 2-5 and 5-12. The reason for this is rather elementary; 2 year olds are physically different- they have shorter reach, less strength, less coordination, less balance, and are mentally undeveloped in terms of choices and consequences as compared to the older aged children. Because of these differences, the playground equipment included on a structure intended for children between the ages of 2-12 must be "dumbed down" to protect the youngest user, which means the older kids have to use equipment inappropriately to get suitable challenges, and this raises the risk for accidents and injuries. Separate -play areas with signage will allow parents to make more informed decisions about where they let their children play, and better insulates the public against lawsuits for injuries. The structures we designed for Kessler Park are specifically designed and intended for children in the ages of 2-5 and 5-12. All of the play elements included on each structure follow the standards associated with age appropriate playgrounds. S'fNf EMENT OF COMPLIANCE <-1STM / CPSt / IPE.N,,IA 1CSA Guidelines Original Document Date: 1 January 2014 Document Number: TC.ASTM/CPSC.1.1 Place of Manufacture: 794 15th St. SW Forest Lake, MN 55025 To all concerned, Themed Concepts is pleased to inform you that all products and equipment designed for use by children under 12 years of age and intended for installation and use by the public, are designed and manufactured to ahere to regulations set forth by the most current versions of CSA, ASTM, CPSC and IPEMA guidelines. If you would like to speak to me regarding further details on the material and formulation of our products, feel free to contact me at your convenience. Kaarl Nasvik Co -Owner Kr-t f�'� Themed Concepts (855)724-3270 www.themedconcepts.com 794 15th Street SW, Forest Lake, MN 55025 C Chemed CERTIFICATE OF CONFORMITY Consumer Product Safety Improvement Act of2008 Original Document Date: 7 January 2014 Document Number: TC.CPSIAI.0 Place of Manufacture: 794 15th St. SW Forest Lake, MN 55025 To all concerned, Themed Concepts is pleased to inform you that all materials used in the manufacturing of our products including but not limited to Concrete, Epoxy paint, Paint, Stains, Protective coatings and any proprietary formulations complies with the CPSIA by having a concentration that does not exceed 0.1% of the following Phthalates; DINP, DIDP, DnOP, DEHP, DBP or BBP. All Products manufactured by Themed Concepts also meet the requirements for lead and heavy metals. If you would like to speak to me regarding further details on the material and formulation of our products, feel free to contact me at your convenience. Kaarl Nasvik Co -Owner Themed Concepts (855)724-3270 www.themedconcepts.com 794 15th Street SW, Forest Lake, MN 55025 e CERTIFICATE OF LIABILITY INSURANCE QA'E`MNQUD`YYYY) 3i6,'7G1'; THIS CERTIFICATE IS ISSUE-0 AS A MATTER OF INFORMATION ONLY AND CQNFERS NO RIGHTS IIPON THE C'ERTIPIC ATF'. HGI.OER_ THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY -AMEND, EXTEND OR ALTER THE COVERAGE AFFOROLD 13Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE )$SUING INSURLR(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL ENSURED, the policy(Ees) must be endorsed. If SUBROGATION iS WAIVED, subjp.cf to the terms and conditions of the policy, certain policies trlay require an endorsement. A statement on this certiticate does not confer :id#Iks to the certificate holder in lieu of such endorsements}, RaoucER I�AIL5TV T Tim Anderson kssuredPartaers of Minnesota LLC FTIIpPJE (6 ln'44 7290" IIrnx dAIS} Riu .. '3Lil_ Highway 38 lesM >aEIAILES <<� cersonJaDminnesota com s--- I_NRLROS AFFORDINGCOMILA3£ r9Ait ,t. Pau). _. i' t 551I3 IhSURER,Au:WeGt:Q= Nat3.0rial Insurance Grr up +'SLJ RFD _ - 'hl ---ned Concepts LLC INSURER G — INSURCR E ; 'orest Lake. flv 55D25 I'IsU tErz F'� ;OVERAGES CERTIFICATE NUMBBR:1 7-18 REVISION NUMBER: `HI,`-', IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED c;=LO J ?JAMS E+E-EN IS rUFD "ice; 1HE lNJSUkLD NAMEO AdUvL HOR Fri:. P()LPC`l INDIC.AiED, NGT%P,1TI S1AWNG ,ANY RLQUI REMFNT, TER);,, t7R CCNi�t'T1ON OF N OC DITR CT C) OTHER J<^JJIiE:T L',:ITIa R STPECI 1'0 010H THIS kA CFR IFICATE FY BE ISSUED OR MAY PERTAIN THE S'URANr AFr f � (iY THE P01' � 7 f i�' "� E 'cSJ �.c .r�.l JL ^ .';�� ;;,i =7y1G„ I XCI.l.SIONS AND (,O)ND) 110NW :0F SUCH PJL I£J €=c 1 N11 S, S I(DWIN MAY HAUL b'_"EN REDUC O by PA,1 SR - TR rYPE OF )NSURANGE A6 i..t1 � - f ! PoucY NUMBER NOLICY eSF +- POUCY G%. P ._11 .-. T LIMITS kISV(1 Y _ f Li GENERAL ABIL TY ��=,c i I Y '" r i r N^ i'10 oc eC0M?,lFRGiALNE J _. nFM673 -a;. .;,: ,, :,_... arty':++bn JI: It t .-P n;AV ii �G�'t'L � �"- L Era"' i. tl7Ai'�119SP�la � I � ti'ifiRAl.l4CCiii=i�T I f �' DJ C(;i) t �— I tidJWL1LJC'4✓�, • L',7hlPlditt �,,,.,{� I �. _ ;lO _ +1711r!? MIT ori091LL LI„DILiTY I r• 'API Srw;te LW.cT t X ANY AUTO D f3111h L ,11r Zcl OV*rn jSCHEDULEDN. lTCi a ! A{JiCi$ R- s ,:. _, '„„�; � - � ..- vl>: 00t7ILY IF1 rJRY IJ'u J .strr_};y S Jilr� w.-iurDT, R J•+lrl (]S ticri -, " i RF'- ii _ -- I _. 1 '�J f 1 .{� Uh1BHtILA:.UlB 1 � I >L_:r= �r _.. �_ II'r 14 FErE..�±fiJN� 1J) :tprlr-..'.?3 :n�..,_. ..� I _. ._;S' ! "✓7�r.:a1 WORKERS r041PE.N5ATION AND EMPLOYERS LI k31LiY ; N . ( IP'mUak yin" . i t tl yea. 00 eUtr I) rnha, II a I F1-14 " p £i FACHACXiWiT $ {a 317r2mrr i a47/2014 Ea_n}sense 5r, ral�tuti ': �,nc o:3 4 J_ E L ❑ISEasSE • N_]Llf , 1lhl{ S r,,.11 nnn T",C RiY''" opd Ci° OPEiR.� 11 iSh`S #= f;CA`€^',`5' Vr'1tIG1. t:'I IM1�yRiJ 4rf 7 Ai!;rl,'cu•t� rtrr,r •'t� $rrrn^ltd,,, n1AY ba ASJiclo^i Ir ninrc xper.+� lh rr�vreeri� "To Winona ii-, May CANCELLATION EiHOW,D ANY OF THE ABOVE DESGRIPEO POLICES BE CANCELLED 8L-,rORE 'HE F:#PtRA_r; N DASD TH':RL'JF. NOIKI E vJil-L Pi_ CE',_iV[:RFC3 k"1+ A.CCORDANCE'VVII H THE POLICY PROVISIONS. AUTHORs7_'EL, ,,EP;iF:SECJTAT;VF (JRD 25 (20141011 Q+') 1988-2014 ACORD CORPORATION, All rights reserved. The ACORD namr> anr! Irmn nry rnmicta ,I of n('nRr) 4t* playby Kemper Contracting Experience & References Kemper Contracting will be part of the crew we employ for the installation of the playground equipment, site amenities, and concrete work at Wilson Park. Lee Kemper, the owner of the company, has been in the playground business for ten years and has a proven track record. He and his crew are all certified playground installers by Playcore. Lee's company can install anything, but their primary focus is playgrounds and surfacing needs for schools, cities, and churches. You will find Lee and his crew to be punctual, professional, courteous, clean, and meticulous! All of them are Certified Playgrounds Installers by Playcore. References (More available upon request) Little Rock School District Playground, shade, surfacing, & site amenities installation Jim Holloway, Construction Manager 501-539-3930 Choctaw Nation Playground, shade, & site amenities installation Stacy Brown, Project Manager 580-775-8350 Prairie Grove School Playground, shades, surfacing, site amenities installation David Hostetler, Project Manager 417-733-7418 August, 2016 Play by Design, Inc. President: Cheryl Sumners Director of Playgrounds: Kelli Collins 3619 E. 1051h Street Tulsa, OK 74137 Phone: 918-851-9518 Fax: 918-298-4898 Experience And References Cheryl Sumners has been in the playground business for a total of 20 years. She began her career working for a small company in Tulsa, Oklahoma before launching and incorporating her own firm, Play by Design, in 2007. Over the years, she and her team have had the opportunity to design and be involved with hundreds of park, athletic, and community projects all across the United States. We were selected to install the majority of the playground equipment, as well as provide and instal I all of the site amenities for the Gathering Place in Tulsa, OK. This park is a $500 million dollar project funded by the George Kaiser Foundation. Play by Design continues to grow and prosper due to the service, products, and installation techniques we provide all of our customers. List of References (More Available Upon Request) Little Rock School District Various Elementary Schools Wayne Adams, Director of Facilities Management, 501-447-5250 Playgrounds, surfacing, shade structures, athletic equipment The Gathering Place Tulsa, Ok Joshua Miller, George Kaiser Foundation: 918-591-2426 Eric Lopp, Crossland Construction: 918-933-5005 City of Tulsa Maxwell Park, Florence Park, Hunter Park, Heller Park, Zeigler Park, Helmerich Park, Whiteside Park, and many others, totaling 13 parks in the city of Tulsa. Playgrounds, Shelters, Site Amenities, Surfacing Little Rock Parks Leland Couch: 501-918-5208 Playground, Swings aybys'f. Themed Concepts Experience & References Since 1971, Themed Concepts' management team has been involved in the theming industry, installing projects all over the world. We started our specialty -construction careers by using the Bomanite© technology; a cutting -edge innovation in the early 1970's that created stamped and colored concrete flat -work with patterns that were capable of simulating real stone and brick. In theprocess of mastering that technology, our team developed plastic imprinting tools that applied texture, in addition to color and pattern, to decorative concrete flat -work. In 1976, as the Minnesota Zoo was being constructed, they were searching for ways to create exhibits with more realistic environments involving simulated rocks and trees. Intrigued by the request, our team developed, manufactured and installed what is believed to be the first installation of GFRC (glass -fiber -reinforced -concrete) rock -work in the world for this project using our own developed system for forming and application. Since the successful completion of that first GFRC installation, we began installing artificial rocks and trees all over the world - in zoos, amusement parks, hotel & resorts, restaurants and malls. You may have already enjoyed soirie of our created environments at any of the Rainforest Cafe©, the Mall of America©, Yosemite National Park, or the Grand Wailea Hotel© in Maui. Naturally, our therning expertise led us into the imaginative world of playgrounds, and we created our first play site in the City of Edina, Minnesota. Even ten years later, while other playgrounds are broken, faded or simply outdated, this playground is consistently busy, keeping its participants physically and mentally active and eager to play and imagine! Since then, we have designed and built literally thousands of themed play features, becoming experts at playground safety guidelines and requirements. The design team at Themed Concepts believes that anything is possible. If it can be imagined, it can be built. We have designed and built playgrounds with everything from pirate ships to dinosaurs, fairy tale castles to tree houses - and everything in between. Themed Concepts continues to lead the industry with new innovations and time -tested results. See some of our amazing creations yourself! Some of our projects include: Landry's Restaurants, Cafe Odyssey, Mars 2112, Cedar Point Amusement Park, Water Park America, Treasure Island Resort & Casino, REI Outfitters, Discovery Channel Stores, San Diego Science Museum, Detroit Science Museum, The National Park Service, Lifetime Fitness CITY F City of Fayetteville, AR Contract for: RFP 17-03, Kessler Mountain Regional Park Playground Tay lic Vendor: Play By Design, Inc. AFiKARI AS This contract executed this 14�ay of AVIvili , 2017, between the City of Fayetteville, Arkansas, and Play By. (Design, Inc. In consideration of the mut al covenants contained herein, the parties agree as follows: 1. Play By Design, 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 17.03 as stated in Play By Design, Inc. proposal identified as option 2, and in accordance with specifications attached hereto and made a part hereof under RFP 17- 03, all included herein as ifspelled out word for,,word. Tice City of Fayetteville shall pay Play By Design, Inc. for completion of each protect based on unit prices indicated in Play By Design, Inc. submitted proposal_ Payments will be made after approval 'and acceptance of work and submission of invoice Payrvtents vvili be rnade approximately 30 days after receipt of invoice, The City of Fayetteville reserves the right to request receipts for materials purchased for the C=ty of Fayetteville from suppliers, subcontractors,, or other sources. 3_ Jhe Contract documents which comprise the contract between the City of Fayetteville and Play By Design, Inc. consist of this Contract and the folloWIna_ documents attached hereto, and made a part hereof: A. Proposal form identified as Request for Proposal 17-03 with the specifications and conditions typed thereon. Play By Design, Inc, subrnirmd pr000sas 4. These Contract docz.trsrents cons -,Lute the entire agreement between the City of Fayetteville and Play Fly Design, Inc. and may be modified only by a dury executed written instrument signed by the City of Fayetteville and Play By Design, Inc. 5. Play By Design, Inc, shall not assign is duties under the terms of this agreement. 5. Flay By Design, Inc. agrees to holct the City c)f Fayettev?tie harmless and indemnify the City of Fayetteville: against any and all claims for property damage, personal injury or death, arising frorn. Play By Design, inc, performance of this contract, Th,,s clause small not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Play By Design, Inc. shall furnish a certificate of nsurance addressed to the City of Fayetteville, showing that he carries the foltuwing insurancee which shall be rnaintained throughout the terra of the Contract, Any work sublet, the contractor shall require the subcontractor similarly to provide workers compensation insurance. In case any employee engaged in work on the pr6ect under this contract is not protected under Worker's Compensation Insurance, Play By Design, Inc. shall providee and shall cause each City of rayette`ville, AR RFP 17-0. Kessler Mountain Reg;or_ar Park P aygrow, cj' rage 1 of 3 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 hepaid by Play By Design, Inc. l. Workmen's Compensation Statutory Amount 2. $500,00D for each person injured Bodily lrljury_-Liability $1,000,000 for each accident. 4, Property Darriage Liability $1,000,000 aggregate. 0. Play By Design, tnc, shall furnish proof of iccensure as required by all local and state agencies, 9, This contract may beterminated bytheCity ofFayetteville or Play By Design, Inc. with 3Ocalendar dav's written notice, However, the City shall be resoonsible for payment for any items or materials ordered byPlay 8yDesign, Inc. prior 0oreceiving any notice oftermination, 10, This Project shall be completed within 120 calendar days from Notice to Proceed. 11. City cfFayettcviUecontracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act, If Freedom of information Act request is presented to the City of Fayetteville, the contractor will do everything possible toprovide the documents inap/omp\and timely manner asprescribed inthe Arkansas Freedom of Information Act (A.C.A. 25-19-101 et, Seq, ). Only legally authorized photo coping costs pursuant tothe FO|Amay beassessed for this compliance, 12� Changes, modifications, nramendments inscope, price orfees to this contract shall not be allowed without a prior formal contract arnendment approved by the Mayor and the Fayetteville City Council |nadvance ofthe change inscope, cost orfees, 13. Legal jurisdiction to/eso1veanydaputeushaUbeVVashin@tonCounty,Arkanuaswxth Arkansas law applying tothe case� 14. Arbitration/lVediation: The City will not agree to be forced to mediate or arbitrate any dispute, is. The City ofFayetteville does NOT agree toany interest u, penalty for ^uodnne|y" payments, The City will Pay all invoices within 30ca|andar days of accepted invoice'. City ofFayetL�MNe,AR RFPl7-03,Kessler Mountain Re0/mne|Park Playground pnoe2cx3 WITNESS OUR HANDS THIS DAYOF— 2017. Play By Design, Inc. BY: _(I is ,d [-A ';Jj) lj.je� Signature Print A Contractor Name & Title ATTEST (Signature) n Company Secretary (Printed Name) Business Address 1r 0. City, State & Zip Code Date Signed - CITY OF FAYETTEVILL City of Fayetteville, AR RFP 17-03, KesFIer Mountain Regional Park Nayground Page 3 of 3 IM L"'� JL& ATTEST: (Signature) %J%jillillf/11 -y- - 0�07-ws 9 Sondra E. Smith, C44 WX Treasurer crl-z 6, ;a:: FAYETTEVILLE: T 0 Date Signed; 4 -ZC -,-,),el 7 Bond No. GRAR37512 Granite Re, Inc. Performance Bond CONTRACTOR: Play by Design Inc 3619 East 105th Street Tulsa OK 74137 OWNER: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 CONTRACT: SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 I IIIIIII IIIIII III IIIII III I IIIII IIIII IIIII IIIII IIIII IIII II II IIIII IIIII IIII IIII Doc ID: 017408270010 Type: LIE Kind: PERFORMANCE BOND Recorded: 04/24/2017 at 04:10:19 PM Fee Amt: $60.00 Page 1 of 10 Washington County, AR Kyle Sylvester Circuit Clerk FileB034-00000592 Date: April 18, 2017 Amount: Two hundred ninety-nine thousand, nine hundred ninety dollars and 90/100--- ($299,990.90) Description: Kessler Mountain Regional Park Playground - RFP No. 17-03 Bond#: GR37512 Date: April 21, 2017 Amount: Two hundred ninety-nine thousand, nine hundred ninety dollars and 90/100--- ($299,990.90) Modifications to this Bond: X No CONTRACTOR AS PRINCIPAL Play by Design Inc Signature: L I,, ✓b✓b Name and Titlelbu1 I L S 1ii"hl1*"S OMSc("�- 2. GR0709-16 ❑ Yes, see last page SURETY Granite Re, Inc Signalu c: _ Name ' Ll 1e rr.c, Attorne3:-in- The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perf'onnance of the Construction Contract; which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surely 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 Dcfauh, the SLa-ety's obligation tender this Bond shall arise alter: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Oti%-ncr is considering declaring a Contractor Default and has requested and attempted to arrange a conference "N.ith the Contractor and the SUIety to be held not later than fifteen days alter receipt of such notice to discuss method; of performing the Construction Contract. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform 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 terns 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 Constriction Contract; or 4.2 Undertake to perfonu 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 Constriction 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 ror 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 63 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 shall accrue m 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'«thin 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.. it. 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 connnon 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 enlit_v 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: Name and Title: GR0709-16 Signature: Name and Title: Bond No. GRAR37512 Granite Re, Inc. Payment Bond CONTRACTOR: Play by Design Inc 3619 East 105th Street Tulsa OK 74137 OWNER: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 CONTRACT: SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Date: April 18, 2017 Amount: Two hundred ninety-nine thousand, nine hundred ninety dollars and 90/100--- ($299,990.90) Description: Kessler Mountain Regional Park Playground - RFP No. 17-03 BOND: Bond#: GR37512 Date: April 21, 2017 Amount : Two hundred ninety-nine thousand, nine hundred ninety dollars and 90/100--- ($299,990.90) Modifications to this Bond: m No ❑ Yes, see last page CONTRACTOR AS PRINCIPAL Play by Design Inc Signa turf: U m "q Name and Title: j L_SU rh l,,,e+.s PA e N-4- 2 GR0709-15 SURETY Granile Re, Inc. 1 Signalu Name a d Ti e: Mi Burris, At€©rne, - The Contractor and the Surety, jointly and severally, bind themseh-es. their heirs, executors, administrators, Successors and assibms to the Owner to pay for labor. materials and equipment finished 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 stuns due Claimants, and 2.2 Dcfcnds, indemnifies and holds harmless the Owner from all claims; demands, hens 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 lendered defense of such claims, demands, liens or suils 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. 5. 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 [lie Construction Contract are dedicated to satisfy obligations of the Contractor and [lie 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 Surely 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) first 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 II. 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: Signature: ............... Name and Title: Name and Title: GR0709-15 Granite Re, Inc. Bond# GRAR37512 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS. That We. the undersigned Play by Design Inc, 3619 East 105th Street, Tulsa OK 74137 as Principal and Granite Re, Inc., a corporation organized under the lairs of the State of Oklahoma and duly authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto: City of Fayetteville, Arkansas , in the penal sum of Two hundred ninety-nine thousand, nine hundred ninety dollars and 90/100--- ( $299,990.90 ) Dollars, for the payment of which well and truly to be made, we hereby jointly and smeralhy bind ourselves, our heirs, executors, admiiustrators, successors, and assigns. Signed this April 21, 2017 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named Principal did on the 18th day of April 2017 enter into a contract with the City of Fayetteville, Arkansas for Kessler Mountain Regional Park Playground - RFP No. 17-03 AND, WHEREAS, (lie specifications of said construction contract provide that upon final acceptance by Obligec said Principal shall furnish a maintenance bond for the sum amounting 10 **xx, One Hundred **** percent ( 100 %) of the contract price; and to remain in full force and effect for the period of One ( --1-- ) year(s) from the dale of acceptance, as therein stated in said specifications; the said work having been duly accepted by said obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, Thal if [lie Principal shall make good all defects appearing in the work performed by Principal duc to fatilty workmanship or materials which may develop during the period of One ( --I -- ) ycar(s) from the date of completion and final acceptance of said work, then this obligation shall be void; otlhcrivise to remain in full force and effect. Play by Design Inc. Principal jj,�-,Q BY: _ Lt .� ,t L M Title PAPS JEt Granite Re., Inc. Suret �--- Y: Jamie Burris, Attornev-in-Fact GR0709-24 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: TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERFIELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L. RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; DWIGHT A. PILGRIM; SHELLI R. SAMSEL; CATHY COMBS 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: TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERFIELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L. RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; DWIGHT A. PILGRIM; SHELLI R. SAMSEL; CATHY COMBS 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 301h day of June, 2015. fibiwl- i` �` ',�, ' .,� STATE OF OKLAHOMA ) s E A L Kenneth D. Whittin on, President SS: Z COUNTY OF OKLAHOMA ) KyI4. McDonald, Treasurer On this 3011 day of June, 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. i' vY My Commission Expires: August 8, 2017 Y Commission #: 01013257 y�FOK Nota Public 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 fallowing 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." INN II ESS WHEREO the undersignedhassubscribed this Certificate and affixed the corporate seal of the Corporation this _ day of , 20 S E A L Kyle P. McDonald, Secretary/Treasurer GRO800-1 PLAYB-2 OP ID: H7 CERTIFICATE OF LIABILITY INSURANCE FDATE/24/2 Y01 04124/27 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER hlgRAlE I .J Kelly Deer RICH & CARTMILL, INC 2738 East 51st #400 N "s-Ext!:918-743-8811 IOUC.No). 918-744-8429 Tulsa, OK 74105 E-MAIL J Kelly Deer ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Admiral Insurance Company 24856 INSURED Play By Design Inc • INSURER B:Compsource Mutual Ins Co 36188 3619E 105th INSURERc:Grain Dealers Mutual Ins Co 22098 Tulsa, OK 74137 - -- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRI _ POLICY EFF POLICY EX? LTR _ TYPEOFINSURANCE . POLICYNUMBER M DDIYMMlDDIY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 I— CLAIMS -MADE MOCCUR X ICA000026229-01 08/27/2016 08/27/2017 p'MWAGESIEa-aecurteneeJ s 100,00 MED EXP (Anyone petsw) S 10,000 PERSONAL & ADV INJURY $ 1,000,00 AGGREGATE LIMIT APPLIES PER GEN'L GENERAL AGGREGATE $ 2.000,00 n n POLICY JEC LOC PRODUCTS - COMP/OP AGG 3 2,000,00 OTHER: S AUTOMOBILE LIABILITY ?501140 SINGLE LIMIT (EaaccldenQ $ 1,000,00 C X ANY AUTO X IB1TS196X 08/23/2016 08/23/2017 BODILY INJURY (Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X X NON-OWNED HIRED AUTOS F �AUTOS f jAMA - $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A X EXCESS LIAB CLAIMS -MADE GX000000079-01 08/27/2016 08/27/2017 AGGREGATE $ 5,000,00 _T DED X RETENTION $ 10,000 I _ $ WORKERS COMPENSATION - X AND EMPLOYERS' LIABILITY YIN ,_. T.LTTE - B ANY PROPRIETOR/PARTNER/EXECUTIVE .02664389161 12/01/2016 12/01/2017 E_L. EACH ACCIDENT S 1,000,00 OFFICER/MEMBER EXCLUDED? NIA A (Mandatory In NH) E L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under --- - - DESCRIPTION OF OPERATIONS below c L. DISEASE - POLICY LIMIT $ 1,000,00 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract for: RFP 17-03, Kessler Mountain Regional Park Playground �+4�✓i-rc l.AIMk rLLAI IUN CITY021 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 113 W Mountain Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE Y'AA " 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Play By Design, Inc. Change Order #1 g g City of Fayetteville Staff Review Form 2017-0566 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ken Eastin 9/27/2017 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #1 to Contract #2017-00000016 with Play By Design of Tulsa, Ok. This change reduces the overall contract amount from the current agreement of $299,990.91 to a revised total of $294,488.70 by removing two custom benches and trash receptacle and substituting play components in their place. Budget Impact: 2250.520.9255-5806.00 Park Development Fund Account Number Fund 02002.1 Regional Park Development 02002.1601 Rotary Club Playground Donation Project Number Project Title Budgeted Item? Yes Current Budget $ 682,478.00 Funds Obligated $ 317,207.00 Current Balance $ 365,271 000 Does item have a cost? Yes Item Cost $ (5,502.00) Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget $ 370,773.00 V20140710 Previous Ordinance or Resolution # 92-17 Original Contract Number: 2017-0000001E Comments: $299,990.91- $294,488.70 = < $5,502.21 > cost decrease Approval Date: 104 M CITY OF FAYETTEVILLE ARKANSAS 1W. TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Ted Jack, Park Planning Superintendent FROM: Ken Eastin, Park Planner II DATE: September 27, 2017 STAFF MEMO SUBJECT: Approval of Change Order #1 to Contract #2017-00000016 with Play By Design of Tulsa, Ok. This change reduces the overall contract amount from the current agreement of $299,990.91 to a revised total of $294,488.70 by removing two custom benches and trash receptacle and substituting play components in their place. RECOMMENDATION: Staff recommends approval of Change Order #1 to Contract #2017-00000016 with Play By Design of Tulsa, Ok. This change reduces the overall contract amount from the current agreement of $299,990.91 to a revised total of $294,488.7-0 by removing two custom benches and trash receptacle and substituting play components in their place. BACKGROUND: The City of Fayetteville received a monetary donation from the Rotary Club of Fayetteville for assistance in the construction of a playground at Kessler Mountain Regional Park. To select a playground contractor, RFP 17-03 was advertised and circulated to playground companies. Through this proposal process, Play By Design was selected as contractor. The City subsequently approved a contract in their proposed amount of $299,990.91. DISCUSSION: After further review of the proposal, Park staff determined that three of the items that were in Play By Design's proposal were support components to the playground rather than actual play components. These items included two custom fiberglass reinforced concrete benches as well as a trash receptacle that totaled $7,420.00. Rather than dedicate this level of budget to benches, staff instead decided to purchase two standard benches and a trash receptacle that are typically provided in Fayetteville parks. The savings from this substitution will now be dedicated to additional freestanding play climbers, balance components, as well as additional expenses required to submit a grading plan to the City. The remainder of the savings will be utilized outside of this contract for the purchase of the standard benches. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The original contract with Play By Design was approved in the amount of $299,990.91, with $30,000 set aside as contingency. After approval of Change Order #1, the revised contract amount will be $294,488.70, a savings of $5,502.21 which will be added to the contingency for a new total of $35,502.21. Attachments: Change Order #1 Form Change Order #1 Quote — Play By Design Resolution 92-17 CITY OF FAYETTEVILLE ARKANSAS CHANGE ORDER'NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Regional Park Development #02002.1 and Rotary Club Playground Donation #02002.1601 Name of Contractor: Play By Design, Inc. Address of Contractor: 3619 E. 10511 Street, Tulsa, OK 74137 Date of Contract: April 18. 2017 Original Contract Sum: ............................................................................ $299,990.91 Total Amount of All Previous Approved Change Orders: .................................... $0.00 Contract Sum prior to this Change Order: ................................................ $299,990.91 Contract Sum iRGFease decrease this Change Order: ................................ -$5,502.21 New Contract Sum including this Change Order: .................................... $294,488.70 Subject and Reason for this Change Order: Staff is requesting approval for the following changes: 1. Removal of 2 items (#TF-411-72B) Boulder Bench with Back at $2,938.00 each for a total reduction of $5,876.00. 2. Removal of 1 item (TF-412) Boulder Trash Can for a reduction of $1,544.00. 3. Removal of sales tax for the removed items for a reduction of $723.45. 4. Addition of 1 item (PH-112, set of three) for an increase of $1,271.00. 5. Addition of 1 item (MK) Monkey Knot Climber for an increase of $352.00. 6. Addition of sales tax on the added items for an increase of $158.24. 7. Addition of consultant fee required for preparation of grading plan for permitting purposes for an increase of $860.00. These changes are recommended for the purposes of: 1. Maximizing the play value of the donated playground funding assistance so that more of the budget is spent on components that provide recreational value. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Additional Time Requested: 14 Calendar Days" ('Period of time necessary for review of change order budget request) Dated this 28th day of September, 2017 CITY OF FAYETTEVILLE Parks & Recreation Department . f Ken Eastin, Park Planner II CITY OF FAYETTEVILLE Play By Design, Inc. Contractor By: ?� ATTEST: , i5l, M yor Lio ordan ATTEST Q -,.,, 6, 'L &- `�`���K•� T ��G: •G�� Y OF =U^ FAYETTEVILLE; ���,0i ��IG ON `� ���� Quote PLAY BY DESIGN, INC 3619 E 105"' Street Tulsa, OK 74137 918-298-4898 fax 918-851-9518 VENDOR: PLAY BY DESIGN INC Quote Change Order Info DATE: 9/22/2017 CUSTOMER ID: City of Fayetteville, AR 113 W. Mountain SHIP TO: Fayetteville, AR 72701 SHIPPING METHOD NET TERMS DELIVERY DATE Best Available DUE UPON RECEIPT AS REQUIRED QTY ITEM NO. DESCRIPTION BID ITEM Jf RETAIL PRICE TOTAL Price per original Quote $ 299,990.91 $ 299,990.91 Deductions: 2.00 TF-411-72B Boulder Bench with Back $ (2,938.00) $ (5,876.00) 1.00 TF-412 Boulder Trash Can $ (1,544:00) $ (1,544.00) Sales Tax on deleted items $ (723.45) $ (723.45) Additions: 1.00 PH-112 Acorn Pod Steppers (set of 3) $ 1,271.00 $ 1,271.00 1.00 MK Monkey Knot $ 352.00 $ 352.00 Invoice from Crafton-Tull (we received incorrect $ 860.00 $ 860.00 grading plans from Alison Jumper) Sales Tax on added items $ 158.24 $ 158.24 9.75% Sales Tax PRICES GOOD THROUGH 2O17 TOTAL $ 294,488.70 $ 294,488.70 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 92-17 Fite Number: 2017-0191 PLAY BY DESIGN, INC.: A RESOLUTION TO AWARD RFP NO. 17-03 AND AUTHORIZE A CONTRACT WITH PLAY BY DESIGN, INC. IN THE AMOUNT OF $299,990.91 FOR THE CONSTRUCTION OF THE ROTARY CLUB OF FAYETTEVILLE PLAYGROUND AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY 1N THE AMOUNT OF $30,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby awards RFP No. 17-03 and authorizes a contract with Play By Design, Inc. in the amount of $299,990.91 for the construction of the Rotary Club of Fayetteville Playground at Kessler Mountain Regional Park, and further approves a project contingency in the amounf of $30,000.00. PASSED and APPROVED on 4/18/2017 Page 1 Attest: Sondra.E. Smith, City Clerk Treasurer 01111111111111, Y OF FAYC'FrEVII.Lc t � _ Printed on 4119117