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HomeMy WebLinkAbout156-11 RESOLUTIONRESOLUTION NO. 156-11 A RESOLUTION AWARDING BID #11-53 AND APPROVING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $33,300.00, PLUS A TEN PERCENT (10%) PROJECT CONTINGENCY, FOR PLAYGROUND RESURFACING AT GULLEY PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-53 and approves a contract with RJR Enterprises, Inc. in the amount of $33,300.00, plus a ten percent (10%) project contingency, for playground resurfacing at Gulley Park PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: By: tain.dAo../ SO RA E. SMITH, City Clerk/Treasurer Carole Jones Submittkd By City of Fayetteville Staff Review Form City Council Agenda items and Contracts, Leases or Agreements 9/6/2011 City Council Meeting Date Agenda Items Only Park Plannino Parks and Recreation Department Division Action Required: A resolution awarding Bid #11-53 and approval of a contract with RJR Enterprises, Inc. in the amount of $33,300 with a 10% project contingency of $3,330 for a total project cost of $36,630 for the Construction of Gulley Park Playground Resurfacing. 36,630.00 Cost of this request 2259..9256.5806.00 Account Number 05001.0801 & 05001.1001 Project Number Budgeted Item 52,235.00 Category / Project Budget Funds Used to bate 52,235.00 Remaining Balance Budget Adjustment Attached Gulley Improvements Program Category / Project Name Gulley Park Renovations Program / Project Category Name Park Land Dedication (NE) Fund Name Date Finance and Internal Services Director Date M.yor Comments: Date Of_ ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Q8 -1? -11 P12:22 RCVD Received in City Clerk's Office Revised January 15, 2009 ave ev{ie THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS' w accessfayettevills orxg: CITY COUNCIL AGENDA MEMO To: Thru: Mayor Lioneld Jordan and City Council Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner . Date: August 19, 2011 Subject: Bid #11-53, Construction of Gulley Parlc Playground Resurfacing Agenda Request for September 6, 2011 Meeting PROPOSAL: Gulley Park, consisting of 28 acres, is a community park serving the entire city as well as the adjacent neighborhoods. The park is situated in the northeast quadrant of town east of College Avenue (U.S. Highway 71B), west of Crossover Road (Arkansas Highway 265) and north of Township Street. The existing playground surface was installed in 2000 along with the existing playground. The surface is worn, damaged, has become a safety hazard and is in need of replacement, The project includes the demolition of the existing playground surface, installation of new safety surface tiles and associated site work. The project was approved as part of the 2010 CIP. The project was advertised on August 4 and 11, and bids were opened on August 18, 2011. Two vendors including RJR Enterprises, Inc. and Arkoma Playgrounds and Supply submitted bids. RJR Enterprises, Inc. was the low bid in the amount of $33,300. (See attached bid tabulation sheet.) If approved, the construction of the project is anticipated to begin in September 2011 and be completed in December 2011. RECOMMENDATION: A resolution awarding Bid #11-53 and approval of a contract wil:h RJR Enterprises, Inc. in the amount of $33,300 with a 10% project contingency of $3,330 for a total project cost of $36,630 for the Construction of Gulley Park Playground Resurfacing. BUDGET IMPACT: This project is funded with Park Land Dedication (NE Quadrant) funds ($52,235). Total project cost including a 10% project contingency is $36,630. Attachments: Bid Tabulation Sheet RJR Enterprises, Inc. Bid Submittal Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #11-53 AND APPROVING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $33,300.00, PLUS A TEN PERCENT (1O%) PROJECT CONTINGENCY, FOR PLAYGROUND RESURFACING AT GULLEY PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-53 and approves a contract with RJR Enterprises, Inc. in the amount of $33,300.00, plus a ten percent (10%) project contingency, for playground resurfacing at Gulley Park PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer S'y'et evi -Ie AA%�NSPS Bid 11-53 Construction of Gulley Park Playground Resurfacing Detailed Bid Tab: August 18, 2011 - 2:00 PM, Local Time . co S. `:*sf7i x y ` ; �� -� -� r r S " ARKOMA Playgrounds &&Supply RJR Enterprises inc. . ITEMS DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL UMT PRICE TOTAL 1 Mobilization (not to exceed 5% of protect hid) LS. 1.00 3437.50 51,500.00 2 Bends and Insurance L.S. 1.00 51,050.00 51,600.00 a bemOlifien, removal and deposal of exxisdng playgrmmd safety surfacing and asphalt ramp connection L.S. 0.00 $2.500.00 34,000.00 4 Site preparation- including tree protection fencing and protection of existing sidewalk arM bail L.S. 1.00 $500.09 $600.00 5 Preparation or meeting concrete playground surface per me manufacturers inshuclions L.S. 1.00 $2 250.00 $300.00 6 Construction of concrete playground slab • complete in place per details S.Y. 0.00 52,500.00 5900.00 7 Surface tiles (approx. 2255Y) -complete in place per details L.S. 1.00 324342.16 $23 000.00 0 Construction of approximately 4.5 SY concrete ramp connection and installation e1ADA- accessible ramplle- complete in place per delete LS. 0.00 51,500.00 3800.00 9 Site restoration • including 4 -inch depth topsoil, fescue seed, straw and water AC. 0.10 $625.00 $600.00 .. TOTAL BID AMOUNT $35,904.66 $33,300.00 CERTIFIED: k Peggy Vice, Purchasing Manager WI 655 $-18-t1 PATE *NOTICE: Bid award is contingent upon vendor meeting min' um specifications and format authorization by City officials. AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of : in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and RJR Enterprises, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the demolition, removal and disposal of the existing poured -in- place rubber playground surfacing and the installation of new ADA accessible rubber tile surfacing and associated site work at Gulley Park and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with -the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Gulley Park Playground Resurfacing shall be substantially completed within 45 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 60 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 1 of 7 September 6, 2011 CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS ITEM# DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL 1 Mobilization (not to exceed 5% of oroiect bid) L.S. 1.00 $1,500.00 $1,500.00 2 Bonds and insurance L.S. 1.00 $1,600.00 $1.600.00 3 Demolition, removal and disposal of existing playground safety surfacing and asphalt ramp connection L.S. 1.00 $4,000.00 $4,000.00 4 Site Dreoaratian - including tree protection fencing and protection of existing sidewalk and trail L.S. 1.00 $600.00 $600.00 5 Preparation of existing concrete playground surface per tile manufacturers instructions L.S. 1.00 $300.00. $300.00 6 Construction of concrete playground slab -complete in piece per details S.Y. 9.00 $100.00 $900.00 7 Surface tiles (approx. 225 SY) - complete in place per details L.S. 1.00 $23,000.00 $23,000.00 C Construction of approximately 4.5 SY concrete ramp connection and installation of ADA - accessible ramp tile - complete in place per details L.S. 1.00 $800.00 $800.00 9 Site restoration - including 4 -inch depth topsoil, fescue seed, straw and water AC. 0.10 $6.000.00 $600.00 TOTAL CONTRACT AMOUNT $33,300.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 of the General Conditions. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 2 of 7 September 6, 2011 Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in .the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 3 of 7 September 6, 2011 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 4 of 7 September 6, 2011 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents thereof. 7.8. No Addenda. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through five with each sheet bearing the following general title: Construction of Gulley Park Playground Resurfacing. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 5 of 7 September 6, 2011 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 6 of 7 September 6, 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on Ptila.¢JiC. r0 , 2011 (which is the Effective Date of The Agreement). CITY OF FA TTEVILLE: [CORPORATE SEAL] 1;11i114 :FAYETTEVILLE: . s r 0 ,e','I ANG O G,e Attest CONTRACTOR [CORPORATE SEAL] Ahlak `Attest * If a Corporation, attest by the Secretary. Address for giving notices Address for giving notices (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 7 of 7 September 6, 2011 ProjectManual 'Faft)*TarcyAllie CITY OF FAYETTEVILLE ARKANSAS CONSTRUCTION OF CIJLLEY PARK PLAYGHOUND RESURFACING BID # 11-53 Date: August 18, 2011 City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 174jettelyile Project Check List Bid 11-53, Construction of Gulley Park Playground Resurfacing This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the reauirements of the bid documents. Information is .shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from .the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 17] D J [f1 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All bidders shall submit the following forms with each bid: Bid Form, Debarment Certification Form, & Statement of Disclosure. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME IN \ .�YdSCC \.Se _ ARKANSAS CONTRACTOR'S LICENSE #: OO GOO-\ \ City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61134011 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Christine Piker its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R J R Enterprises, Inc. Obligee: City of Fayetteville Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. AlI bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 16th , 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, andita_cernorate seal to be affixed this 18th day of Tx Si ,spun€• eTA COU®1 M AHA ss On this 18th day of August , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of aid corporation. }9994N99999NNNNNNNNNN94Nh { D. KRELL NOTARY PUBLIC SF�4t i ,r SOUTH DAKOTA a �'NyN4NyyNNNNN40b4NNyNNNgN } My Commission Expires November 30, 2012 1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. August 2011 WEST'ERJN SUR Y COMPANY „e Paul T. Brufb ., Senior Vice President Notary Public - South Dakota In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this August , 2011 Form F5306-9-2006 18th day of WES R SURETY COMPANY Paul T. Brufla, Senior Vice President BID BOND (Percentage) Bond No. 61134011 KNOW ALL PERSONS BY THESE PRESENTS, That we R J R Enterprises, Inc. of 004 N. 42ND ST., ROGERS, AR 72756 WESTERN SURETY COMPANY , hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto City of Fayetteville xtt hereinafter referred to as the Obligee, in the amount of Five Percent of the .Amount Bid ( 5% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Gulley Park Playground Re -Surfacing NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 18th day of Form F4595-8-2001 August 2011 Principal R J R Enter.r',es Inc. BY: Surety BY: WE TERN RETY COMPAN Christine Pi er,Attorney-in-Fact RJREN-1 OP ID: CP . �r CERTIFICATE OF LIABILITY INSURANCE 8/17DIYYYY) DAi08/17/11 as�17n 1 • 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 479-636-4551 Rogers Insurance Agency P.O. Box 2048 Rogers, AR 72757-2048 Mar Chris Piker PHONE 479-636-4551 F4X /A1C. No. Ext,: � IA1c, Not: 479-636-1239 E-MAIL ESS: cpiken�rogerS-insuranCe.COIi1 Roland W. Julian, CIC INSURER(S) AFFORDING COVERAGE NAIL d INSURERA:Accident Fund Ins Co. 10166 INSURED RJR Enterprises, Inc. 804 North 42nd Street Rogers, AR 72756 INSURER B:Cincinnati Insurance Company 10677 INSURER C: EACH OCCURRENCE INSURER D : PREMISES (Ea occurrence} INSURER E : MED EXP (Any one person) INSURER F : 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 LTR TYPE OF INSURANCE ADDL Asp SUBR wvn POLICY NUMBER POLICY EFF fMMIDO1YYYYI POLICY EXP IMMIDDIYYYY! LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EPP0028068 07101111 07/01/12 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence} $ 100,O0C MED EXP (Any one person) $ 5,00C CLAIMS -MADE U OCCUR PERSONAL a ADV INJURY $ 1,000,00C GENERAL AGGREGATE $ 2,000,00C PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE MR -APPLIES PER: POLICY I-1 741 T ri LOC $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED H REDAUTOSAUTOS �_ SCHEDULED AUTOS NON -OWNED EBA0028068 07101111 .. 07/01/12 COMBINED SINGLE LIMIT (Ea accident) 1 00400C, $ , BODILY INJURY (Per person) $ @ODILYINJURY {Per accident) $ PR(PeOPERTYaccideDAMAGE $ $ B X UMBRELLA LIAR EXCESS LIPS X OCCUR cLAIMs-MADE EPP0028068 07/01111 07/01/12 EACH OCCURRENCE $ 1,000,00C AGGREGATE $ 1,000,000 $ DED _X RETENTION $ 0 A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) if yes describe under DESCRIPTION OF OPERATIONS below Y { N ■ N 1 A WCV6068739 08114/10 09/14/11 WC STATU- OTH- utorrs ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00C E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 70t, Additional Remarks Schedule, if more space Is required) Re: Gulley Park Playground re -surfacing CERTIFICATE HOLDER CANCELLATION City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 ACORD 25 (2010/05) CITFAYO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE • RESE • ATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Section 00 41 13 BID FORM Item Estimated Unit Description of Item Unit Price Total Amount No. Ouantitv 1 1 Lump Sum Mobilization - (not to exceed 5% of total bid) O,i.,.t kvto felt k\i-T ctGc Ad\\—c dollars $( (AO )L.s. $ i�5C0<45C, amount written in words in figures in figures 2 1 Lamp Sam Bonds and insurance tty'-t \htScw-Qe.on_k 441?C t'I CC.cl� b\Ie.S S dollars amount written in words $( tt Co40. o ce )(L.S, in figures in figures Demolition, removal and disposal of existing playground safety surfacing and asphalt ramp 3 1 Lump Sam connection ft, t.? dollars $( YLS. 5L\)) Goo ' 00 amount written in words in figures in figures Site preparation - including tree protection fencing 4 1 Lump Sum and protection of existing sidewalk and trail / �., ¶ C 1�v�nC�crk QDvt3e.S5 dollars $( )/L.s. $ lWu•4317 amount written in words in figures in figures Preparation of existing concrete playground 5 1 Lump Sum surface per tile manufacturer's instructions lYt zc \�llti,P.,C$.r'Cc\ -Oen\le-•••C-`= dollars $( )IL.S. $ �J�•C3� amount written in words in figures in figures Construction of concrete playground slab - 6 9 Square Yards complete in place per details t4 y• --e- NVA,. 5.ettOcAtit..c amount written in words dollars $( tt*. ate )IS.Y. $ eNco• ChtN in figures in figures Surface tiles (approx. 225 SY) - complete in place 7 1 Lump Sum per details`t ��sc�n t,l1a g:ex_ ve,60'aW/lG` 00tle..K .5 dollars $( )/L.S. $ (X3�C>Ca• oo amount written in words in figures in figures Construction of approximately 4.5 SY concrete ramp connection and installation of ADA -accessible 8 1 Lunip Sum 4 ramp tile - complete in place per details U S�1C TY�b•— 'Crt\ et\L.�+ � dollars amount wn en m words Site restoration - including 4 -inch depth topsoil, 9 0.10 Acres fescue seed, straw and water w.t;\ce-cl Pc -.0 amount written in words $( yL.s. $ . acs in figures in figures dollars $(G1OOO 00 yAC. $ • bt.. in figures in figures This bid form continues on the next page... City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 41 13-1 August 18, 2011 BID FORM Continued TOTAL BID Vit` s `3' "fib - C., ' CD amount written in words in figures The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this 13td shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled dosing time for receiving bids. Respectfitliy submitted, (2� Firm Name 1 L �� C+ Sg l^ C Address k 144/144%\- • City fcc.45,CN e, State Ac- ** Arkansas State Contractor's License Nuunber doP.35Cx-11� *R A Contractor's License is required to bid this project. The project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing End of Section 00 41 13 Page 00 41 13-2 August 1$, 2011 City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Certification of Debarment — THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID ATTENTION: Please submit this form with your bid. As A BIDDER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: ['1q t,,v1SO� COMPANY: N\ \ ��Y���-C�S •5 �vt�. PHYSICAL ADDRESS: 4befrAN� dh [_ CSS Jc 10,75 , MAILING ADDRESS: ICY--\ iY.4� St . ¶5€! ) rests tot L�g PHONE: /-11 r"\.' \ FAX: 1-4"7C,L_`1.1C\-`it- Ca EMAIL: cAc"-N11 m' `Q'ivJC•`.iC , C01!'"‘- SIGNATURE: DATE: q l�' /'i c\\ City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00.41 13-1 August 18, 2011 City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid. DISCLOSURE STATEMENT: Bidder 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. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) 1, 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 2.) My organization shall comply with all State and Federal Equal Opportunity and Non - Discrimination requirements and conditions of employment. ¶MC.A cze,t1\ Printe Na e Sig,(d City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 2117-1 August 18, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS -: PARKS AND RECREATION DEPARTMENT ate.. .. 113 WescMo•ntain Pre -Bid Meeting . Bid #11-38, Construction of Gulley Park Playground Resurfacing August 11, 2011 Parks and Recreation Project Manager Carole Jones, P.E. Ph: 444-3472 Parks and Recreation main line Ph: 444-3471 Procedures • Bonds (recorded at the Washington County courthouse by the contractor) and insurance • Necessary permits — Grading permit may be required; fees for city projects are waived. • Location of underground facilities (1-800-482-8998, Arkansas One -Call System, Inc.) Co ies of documents • owner will provide Contractor with two sets of drawings and specifications. Contract Time • The project MUST be completed on or before December 16, 2011. • 60 days total contract • 45 days for substantial completion • 15 additional days for final completion • Work days are Monday through Friday unless approved by Parks and Recreation staff in advance. Permits: Meet all state, local and federal requirements • A SWPPP is not required, but the contractor will be responsible for all installing and maintaining all erosion control, site preparation and tree protection measures. Expect daily re -installation of some items, such as construction fencing. Submittals • Class 7 base • Concrete mix designs — 3,500 psi fiber reinforced for sidewalk connection and playground slab extension • Surface tiles • Grass seed (tall turf fescue blend) Site -Visits and Project Milestones • Tree protection fence must be in place prior to commencement of work. • Site preparation; demolition and removal of existing safety surfacing; construction of sidewalk connection and playground slab extension; and site restoration shall be executed to minimize disturbance to park users and the park. Orange construction fencing or similar material shall be provided to re-route park users around the construction areas. • Layout of amenities • Protection of existing sidewalk and trail • Construction of sidewalk connection and playground slab extension • Assembly and installation of surface tiles — Installer MUST be certified and approved by the tile manufacturer. • Site restoration — topsoil and tall turf fescue seed and straw ADA Requirements All amenities shall be ADA accessible, including, but not limited to the following: • Playground slab and tiles • Sidewalk(s) Telecommunications Device for the Deaf TOO (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Pre -Bid Meeting Page 2 of 2 Bid #11-53, Construction of Gulley Park Playground Resurfacing August 11, 2011 Project Soec111cs • Preparation of the existing concrete playground slab shall be in accordance with the tile manufacturer's recommendations and instructions. + It is the intent of the construction drawings for all work to be conducted outside of all existing tree drip lines; however, the contractor shall be responsible for root pruning any tree roots that may be encountered during construction. Roots must be cut clean with a saw or by other pre -approved method. Work by Others • None Telecommunications Device for the Deaf Tl D 479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8289 INVITATION TO BID: BID, 11-53, Construction of Gulley Park Playground Resurfacing DEADLINE: August 18, 2011 at 2:00 PM, Central Standard Time DELIVERY LOCATION: Room 306 -113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen ci.fa etteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Issued: August 4, 2011-- Advertisement: August 11, 2011 INVITATION TO BID BID 11-53 CONSTRUCTION OF GULLEY PARK PLAYGROUND RESURFACING No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled "Bid 11-53, Construction of Gulley Park Playground Resurfacing", with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. PRE -BID MEETINGS: A non -mandatory pre -bid conference will be held on Thursday, August 11, 2011 at 10:00 AM at Gulley Park located at 1850 E. Township Street. All interested parties are strongly encouraged to attend the meeting. NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforenCa7_ci.fayetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Bidder assumes all responsibility for checking the City's website at ww.accessfayettevilleig for any updates and addenda issued to this project. Failure to acknowledge addenda issued as instructed could result in rejection of bid. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 CITY OF FAYETTEVILLE INVITATION TO BID BID 11-53, Construction of Gulley Park Playground Resurfacing The City of Fayetteville is accepting bids from properly licensed firms for the construction of playground resurfacing at Gulley Park located at 1850 E. Township Street in Fayetteville, Arkansas. This project includes the demolition of the existing playground rubber surfacing and the installation of new ADA accessible rubber tile surfacing and associated site work at Gulley Park. Any questions concerning the bid should be addressed to Andrea Foren, Purchasing Agent at aforen0ci.fayetteville.ar.us or by calling (479) 575-8220. All bids must be submitted in a sealed envelope or package labeled "Bid 11.53, "Construction of Gulley Park Playground Resurfacing". All bids must be received before Thursday, August 18, 2011 at 2:00 PM, local time at the City of Fayetteville, Purchasing Division address listed below. No late bids will be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 PRE -BID MEETINGS: A non -mandatory pre -bid conference will be held on Thursday, August 11, 2011 at 10:00 AM at Gulley Park located at 1850 E. Township Street. All interested parties are strongly encouraged to attend the meeting. Bidding documents and plans must be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Parks and Recreation Department, 1455 S. Happy Hollow Road, Fayetteville, Arkansas. All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforen ci.fa etteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Each bid must be accompanied by a certified check or 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 a contract awarded amount of $20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. 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 shall be paid. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 11 13-1 August 18, 2011 "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 waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond ninety days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB City Purchasing Agent City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 11 13-2 August 18, 2011 DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 00 00 00 PROCUREMENT AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION 00 01 01 Project Title Page 00 01 10 Table of Contents PROCUREMENT REQUIREMENTS 00 10 00 SOLICITATION 0011 13 Advertisements and Invitations 00 11 13 Invitation to Bid 00 20 00 INSTRUCTIONS FOR PROCUREMENT 0021 00 Instructions 00 21 13 Instructions to Bidders 0021 15 Statement of No Bid 00 21 17 Disclosure Statement 00 40 00 PROCUREMENT FORMS AND SUPPLEMENTS 00 41 00 Bid Forms 00 41 13 Bid Form 00 41 16 Bid Bond CONTRACTING REQUIREMENTS 00 50 00 CONTRACTING FORMS AND SUPPLEMENTS 0051 00 Notice of Award 00 52 00 Agreement Forms 00 52 13 Agreement 00 55 00 Notice to Proceed 00 60 00 PROJECT FORMS 00 61 00 Bond Forms 00 61 13 Performance and Payment Bond Form 0061 13.13 Construction Performance Bond — Exhibit A 0061 13.16 Construction Payment Bond -- Exhibit B 00 62 00 Certificates and Other Forms 00 62 16 Certificate of insurance — Exhibit C 00 70 00 CONDITIONS OF THE CONTRACT 00 72 00 General Conditions 00 72 13 General Conditions 00 73 00 Supplementary Conditions 00 73 13 Supplementary Conditions City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 DIVISION 01 - GENERAL REQUIREMENTS 01 0000 GENERAL REQUIREMENTS 01 1000 SUMMARY 0111 00 Summary of Work 01 11 13 Summaryof Work 01 2000 PRICE AND PAYMENT PROCEDURES 01 22 00 Unit Prices 01 26 00 Contract Modification Procedures 01 26 13 Modification Procedures 01 29 00 Payment Procedures 01 29 76 Progress Payment Procedures 01 3000 ADMINISTRATIVE REQUIREMENTS 01 31 00 Project Management and Coordination 01 31 13 Project Coordination and Meetings 01 3200 Construction Progress Documentation 01 32 16 Construction Progress Schedule 01 3300 Submittal Procedures 01 3313 Submittals 01 4000 QUALITY REQUIREMENTS 01 41 00 Regulatory Requirements 01 4113 Regulatory Requirements & Permits 01 42 00 References 01 42 13 Reference Standards, Abbreviations and Acronyms 01 45 00 Quality Control 01 45 23 Testing Laboratory Services 01 50 00 TEMPORARY FACILITIES AND CONTROLS 01 51 00 Construction Facilities and Temporary Controls 01 6000 PRODUCT REQUIREMENTS 01 62 00 Product Options 01 66 00 Product Storage and Handling Requirements 01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS 01 71 00 Examination and Preparation 01 7700 Closeout Procedures DIVISION 02 - EXISTING CONDITIONS 02 41 00 Demolition 024113 Selective Site Demolition City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 DIVISION 03 - CONCRETE 03 0500 CONCRETE 03 05 00 Concrete Work 031000 CONCRETE FORMING AND ACCESSORIES 03 11 00 Concrete Formwork 03 20 00 CONCRETE REINFORCING 03 24 00 Fibrous Reinforcing 03 30 00 CAST -IN -PLACE CONCRETE 03 30 53 Cast -in -Place Concrete DIVISION 04- MASONRY - Not Used DIVISION 10 - SPECIALTIES 10 90 13 Playground Surfacing Tiles DIVISION 11 - EQUIPMENT - Not Used DIVISION 12- FURNISHINGS — Not Used DIVISION 13- SPECIAL CONSTRUCTION — Not Used DIVISION 16— ELECTRICAL — Not Used DIVISION 31 - EARTHWORK 31 14 00 SITE WORK 31 14 13 Site Work 31 14 16 Site Preparation 31 14 19 Site Restoration DIVISION 32 - EXTERIOR IMPROVEMENTS — Not Used Attachments: Attachment A: FHWA-1273 Special Provisions Listings and Supplements Attachment B: Drawings (5 sheets) City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing August 18, 2011 Section 00 21 13 INSTRUCTIONS TO BIDDERS PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub - bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. 1.5 Local Time - Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before 2:00:00 as shown by the atomic clock located in the Purchasing Division Office. PART TWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor Project Manager assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville and Project Manager in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Parks and Recreation Department, and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and City o₹ Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-1 August 18, 2011 sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Project Manager of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville and Project Manager by City of Fayetteville's of such underground facilities or others, and City of Fayetteville and Project Manager do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Project Manager written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Project Manager are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 2113-2 August 18, 2011 PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Project Manager not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents_ Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Project Manager. 5.4 Bidder assumes all responsibility for checking the City's website at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Estimated quantities, on file at the City Parks and Recreation office, are approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. PART SEVEN - UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-3 August 18, 2011 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.4 Address bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate is provided for on the Bid Form. The price of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. 8.6 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 2113-4 August 18, 2011 8.7 All bids shall include all costs including but not limited to sales tax, use tax, permits, insurance, etc. The contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of Fayetteville is not a tax exempt entity. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement for Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, City of Fayetteville may retain Bidder's bid security as liquidated damages but not as a penalty. PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND 11.1 After the Notice of Award has been issued, Contractor shall furnish three original surety performance bonds and payment bonds, equal to one hundred percent of the contract price. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-5 August 18, 2011 11.2 Contractor shall include provisions in the bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code Annotated § 22-9-308(d). 11.3 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.4 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.5 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.6 The date of the Bonds and of the Power of Attorney, must not be orior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. The performance and payment bond shall be furnished to the City of Fayetteville accompanied by a receipt stamped by the Washington County Circuit Clerk's Office. Before any work is performed under this contract, the bond shall be filed with the clerk of the circuit court of Washington County, Arkansas and accepted by the City of Fayetteville Project Manager. 11.7 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. PART TWELVE - CONTRACT TIME 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PART THIRTEEN - LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-6 August 18, 2011 PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. All requests for approved equals shall be submitted by Thursday, August 11, 2011. 200 PM by e-mail. Such request to obtain a pre -approved equal shall be made in writing to Andrea Foren, Purchasing Agent, at aforen(c�ci.fayetteville.ar.us. The Purchasing Agent will forward any such requests to the City of Fayetteville Parks & Recreation Department for review. Approval of all submittals will be made only by Addendum to all holders of Bidding Documents by the City of Fayetteville Purchasing Division. PART SIXTEEN - COMPLIANCE WITH STATE LICENSING LAW 16.1 A Contractor's License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000. PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Project Manager's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18,5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-7 August 18, 2011 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PART TWENTY - CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE - RIGHT TO REJECT BIDS 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-8 August 18, 2011 PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. PART TWENTY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans With Disabilities Act 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR00 1000 prior to commencing work at the site. 27.3 Arkansas Prevailing Wage Law, Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. (See Section 01 4113 - Regulatory Requirements for PREVAILING WAGE DETERMINATION for this project.) End of Section 00 21 13 City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 13-9 August 18, 2011 City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Statement of No Bid — If Applicable We, the undersigned, have declined to bid for the following reason(s): 1. We do not offer this servicelproduct 2. Our schedule would not permit us to perform 3. Unable to meet specifications 4. Insufficient time to respond to the Bid 5. We are unable to meet bond requirements 6. Other (Explain) *NAME OF FIRM: *BUSINESS ADDRESS: *CITY: *STATE: *ZIP: *PHONE: FAX: *E-MAIL ADDRESS: *BY:( PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: *PLEASE LIST OTHER COMMENTS BELOW: *Please note: We appreciate your feedback on this form and are very interested in your reason for not submitting a proposal. Please do not hesitate to contact Andrea Foren at 479-575-8220 if you have questions, comments, or concerns regarding these proposal documents. City of Fayetteville Bid 11-53, Construction of Gulley Park Playground Resurfacing Page 00 21 15-1 August 18, 2011 ecreation and Park Let it be known that MM.� ► -is 1 l has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a Certified Playground Safety Inspector Certified Playground Safety Inspector NATIONAL CB ICATION BOARD CHAIRPERSON NRPA CHIEFEXEC!T(VE DIRECTOR 3/11/2011 DATECERTMIBD 1768004/4 CERTIFICATION NUMBER 4/1/2014 EXPIR.kTION DATE a1 creation and Park Aso Let it be known that V> LARRY BROWN has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a Certified Playground Safety Inspector Certified Playground Safety Inspector NATIONALCEy PICATION BOARD CHAIRPERSON NRPA CHIEF EXECUTIVE DIRECTOR 3/1112011 DATE CERTIFIED 176780414 CERTffICATLON NUMBER 4/1/2014 EXPIRATION DATE • Playgrounds Fun & • CJKT1f1CAT�. or rACTOKY IN5TALLATION CERTIFICATION KJR E.NTr..RPK15�S, INC. Rogers, Arkansas ttas success f uLLt8 6ovrcpLeIed the rreme c to be recog I4Lzed as PLaLPower LT Fr vw tow, I Faotorkj certi ft i !stI.Ler iuut rf 2009 far Vke Seek ent, operatioaa I."..' t s 1.0 PlayPower LT Farmington, Inc. (PPLT) kid tiles are guaranteed to be free of manufacturing defects in material and workmanship for 10 years ("Warranty Period"). If there are defects in material and workmanship during the Warranty Period. PlayPower LT Farmington, Inc. (PPLT) will replace or repair the mats, as described herein, at no cost to the owner/end-user. Should defects in material of workmanship be found, it is the owner's responsibility to contact PlayPower LT Farmington, Inc. (PPLT) through the point of purchase or directly; as described below. This warranty does not cover dissatisfaction, problems or other damage to the materials due to or as a result of: a) improper installations and/or improper maintenance; b) fading due to sunlight (Outdoor exposure, abrasions, and ultra -violet rays may cause normal change in the surface color and is not considered a defect under this warranty); c) shading (color variation) of individual pieces due to natural rubber variations; d) use of harsh and acidic chemicals, acidic foods and abrasive chemicals; e) water spotting, petroleum adhesives or floor sealants or abuse; f) color variation between samples and/or printed illustrations and actual product; g) wear or product degradation expected from the use or environment of installation; h) chewing, clawing or other animal destruction; i) exposure to chlorine, solvents, acids, or other harmful chemicals; or j) acts of negligence, misuse, or willful or accidental external influences including but not limited to, vandalism, riot, or acts of war. * * *Proof of Purchase is Required 1.1 The warranty is limited to the repair or replacement of products of PlayPower LT Farmington, Inc. (PPLT) which are shown to be defective. The owner/end-user agrees not to advance any claim for any other measure of damage or loss. PlayPower LT Farmington, Inc. (PPLT) shall not be liable for installation, disassembly, removal, disposal, return shipping, or other similar costs. 1.2 PlayPower LT Farmington, Inc. (PPLT) shall not be liable for any damage, loss or claim whatsoever unless: 1.2.1 The manufacturer is notified in writing within fifteen (15) days of any occurrence which might give rise to a claim; 1.2.2 The owner/end-user has obtained written authorization from PlayPower LT Farmington, Inc. (PPLT) prior to making any repairs or alterations on or through the surface which may affect the integrity of the materials; 1.2.3 PlayPower LT Farmington, Inc. (PPLT) is first permitted to inspect the allegedly defective product or cause of the alleged loss, damage or claim; 1.2.4 The material is installed according to the written instructions provided by PlayPower LT Farmington, Inc. (PPLT) Inc. and used only as intended by PlayPower LT Farmington, Inc. (PPLT). 1.3 If, after inspection, PlayPower LT Farmington, Inc. (PPLT) determines that there has been a material defect in the product within the Warranty Period described in Paragraph 1.0, the liability of PlayPower LT Farmington, Inc. (PPLT) to either: (a) delivery of repair or replacement material for the impacted area, or (b) credit to be applied toward the purchase of new material. The value of either remedy shall be pro -rated upon the remaining months of unexpired warranty as determined by the manufacturer. The maximum pro -rated value of either remedy shall be pro- rated upon the remaining months of unexpired warranty as determined by the manufacturer. The maximum pro -rated value of either remedy shall in no case exceed the original purchase price. Limitation of Warranty: I. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF 2. PLAYPOWER LT FARMINGTON, INC. (PPLT) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. 3. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM OR DAMAGES. 4. NO AGENT OF REPRESENTATIVE OF PLAYPOWER LT FARMINGTON, INC. (PPLT) HAS ANY EXPRESS OR IMPLIED AUTHORITY TO MAKE ANY REPRESENTATION, PROMISE OR GUARANTEE NOT STATED HEREIN Disclaimer: Recycled rubber, as with any recycled product, can vary. Tolerances in thickness and width have been made as stringent as is possible, but some variance is to be expected. Rubber's nature is to expand and contract with changes in Temperature and humidity. PlayPower LT Farmington, Inc. (PPLT) kid tiles are not to be used in any manner or for any purpose not expressly identified by PlayPower LT Farmington, Inc. (PPLT). License No. 0093500412 AMENDED ID #11767 State of Arkansas Contractors Licensing Board RJR ENTERPRISES, INC. 804 N 42ND ST ROGERS, AR 72756 RJR ENTERPRISES, INC. his is to Certify That is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: BUILDING with the following suggested bid limit from June 24, 2011 until_ amended August 16, 2011 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: 9r4.;#) $950,000 April 30, 2012 ap, CHAIRMAN SECRETARY August 16, 2011 k ) � - - / 7 � | ° ) R j § - � .a � § ) .. /d;± I ] J \ Cu Cu »C> Cu /e( / e o % § 8 % \R\ Cu to Cu . $ Em ee { \ 01 Cu 0 2 \� E < k \ ? k \ f L G , - a sf a 2 2 ) 3 f { ) \ _ k # Oft Oft (ft2 k O=(\l1 took§ ) & Cu § k7) a a 00 \ \k� A ] § 7 � m ] • \ - , o � ) §2a D L G2J b a§ - - k >' /)$ 2 § ka U U) - •& °■ \® ) 2 E %� % _` ; 7 §2 `2 . ] f 2 J 2| k j3E g • $ [ - k # -- ) § 0- k4 ) Cu - % ) ) / & / o / E i a n _ « N- _ 0 z d O a) X_ W L4 i N G 14• O tl r m 1; I fI n z a E I -3 Q) c m I° (D o •' m m x �aerc-:xyr Si,, _p d /\ CL O �� pj 4tlF3 /Q�l (©fF ctlfi Gtll3 Eli bA4 ._„i C' c N aTF iY} 0 0) 43 .fig '- 0 4 -tli (I) >4.0142 .., 'i"r O r � � C O...i 4 C Q N m ® a p0yy G1 N � G a. a K 2 p +� a o. ��gc N 9 ,_ •✓. C N R N 4 V a O O N <p NN is - 'p a i0 O C a" a Q A�-' - PAYMENT BOND Bond Number: 61155707 KNOW ALL PERSONS BY THESE PRESENTS, That we R ,3 R Enterprises, Inc. of $04 N. 42ND ST.! ROGERS, AR 72756 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Fayetteville tM , hereinafter referred to as the Obligee, in the sum of Thirty Three Thousand Three Hundred and 00/100 Dollars ($ 33, 300.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 15th day of September 2011 ,for Construction of Gulley Park Playground Resurfacing copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 41II I l II l i 111 l!!!l l l l l l l l l l l l l l l l!111 1111111111 I I411 I l l l l l l l 1 l ll 1 1 ll l l ll Doc ID: 014204900004 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/16/2011 at 08:35:51 AM Fee Amt: $30.00 PaQe 1 of 4 Waehinaton County. AR Bette 5tamog Circuit Clerk FileB030-00000736 Form F8578 15th day of September 2011_. (Principal) By _ (Seal) W ST RN RETY COMP Y Surety) By (Seal): ristine Pike Attorney-in-Facr- Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61155707 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Christine Piker its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R J R Enterprises, Inc. Obligee: City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 31st 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and ct roorate seal to be affixed this 15th day of — September 2011 (fixstittlry+� � � ,liF '`V� WES SUR Y COMPANY 72 6' eI : —� Paul T. Brufl , Senior Vice President S7 jF $OUjik dOTA Cou;,f NH AHA ss On this 15th day of September , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of aid corporation. + D, KRELL EAt. NOTARY PUBLIC SEw + : SOUTH DAKOTAS Notary Public - South Dakota +tititi.. + My Commission Expires November 30, 2012 1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that. Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 15th day of September , 2011 «TES R SURE Y COMPANY Form F5306-9-2006 Paul T. Brufl , Senior Vice President PERFORMANCE BOND Bond Number: 61155707 KNOW ALL PERSONS BY THESE PRESENTS, That we R J R Enterprises, Inc. of $04 N. 42ND ST. , ROGERS, AR 72756 hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Fayetteville , hereinafter referred to as the Obligee, in the sum of Thirty Three Thousand Three Hundred and 00/100 Dollars ($ 33, 300.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 15th day of September , 2011 for Construction of Gulley Park Playground_ Resurfacing NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 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 two years after Contractor Default or within two years after the Contractor ceased working or within two years 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. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 15th day of September 2011 R J R Enterprises. Inc. (Principal) BycUYcO.(Seal) RN M t u ety) By PA (Seal) Christine Pi er rney-in-Fact Form F4597 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No, 61155707 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Christine Piker its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R J R Enterprises, Inc. Obligee: City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 31st 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, an�grporate seal to be affixed this 15th day of September , 2011 E cCa 7. OUTl� ETA i a�a ss i NNEHAHA WES SUR Y COMPANY Paul T. Brufl , Senior Vice President On this 15th day of September , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of aid corporation. f tititititihMtiti4M•yltititi4�'+6titi } J D. KRELL IrJfl f NOTARY PUBLIC r� + i�SOUTH DAKOTAS l Notary Public South Dakota 4til..rtitiY•.... titi ....ti 4 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 15th day of September , 2011 . Form F5306.9.2006 WES R SURE Y COMPANY Paul T. Brufl , Senior Vice President - I I RJREN-1 OP ID: CP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYj I09/13/11 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 endorsements . PRODUCER 479-636-4551 Rogers Insurance Agency P.O. Box 2048 CONTACT Chris Piker - PHONE 479-636-4551 FAX Arc No Ext):'NoI: 479-636-1239 ADDRESS: cpiker@roers-insurance.com AR 72757-2048 Roland W. Julian, CIC INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Accident Fund Ins Co. 10166 INSURED RJR Enterprises, Inc. INSURERS: Cincinnati Insurance Company 10677 804 North 42nd Street Rogers, AR 72756 INSURER C INSURER O: INSURER B: INSURER F: 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [] OCCUR EPP0028068 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES tEa occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY fl PRODUCTS - COMPIOP AGO $ 2,000,00 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NU NON -OWNED HIRED AUTOS AUTOS EBA0028068 07/01/11 07101112 COMBINED SINGLE LIMIT Ea accident $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) s $ B X UMBRELLA LIAS EXCESSLIAB X OCCUR CLAIMS -MADE EPP0028068 07/01/11 07/01112 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X RETENTION s 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUf1VE YIN OFPICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA CV6068739 09114111 09/14/12 WCSTATU- 0TH. E.L. EACH ACCIDENT $ 1,000,00 --- EL. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) 1 LD - C \� -' CERTIFICATE HOLDER CANCELLATION CITF001 City of Fayetteville Y ettev Purchasing Rm 306 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1.2i Kt -fl RJREN-1 OP ID: CP ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) I06►12/12 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 479-636-4551 Rogers Insurance Agency P.O. Box 2048 NAMECONTACT Chris Piker PHONE FAX jNC. No. ExU: 479-636-4551 AIC No): 479-636-1239 E-MAIL ADDRESS: cpiker@rogers-insurance.com Ropers, AR 72757-2048 Roland W. Julian, CIC INSURERS AFFORDING COVERAGE NAIC S INSURER A: Accident Fund Ins Co. 10166 INSURED RJR Enterprises, Inc. INSURER B: Cincinnati Insurance Company 10677 804 North 42nd Street Rogers, AR 72756 INSURER C INSURER D: INSURER E: INSURER F: 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 LTRPOLICY TYPE OF INSURANCE NUMBER POLICY EFF MMIDD POLICY ExP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00( B X COMMERCIAL GENERAL LIABILITY EPP0028068 07/01/12 07/01113 DAMAGE T RENTED REMISES Ea oowrrence PREM S 100,00 ( CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,00( PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COUP/OP AGG S 2,000,00 $ POLICYEIL [1 PRO- LOG AUTOMOBILE LIABILITY (Es MeccINdentSINGLE LIMIT 3 1,000,00 BODILY INJURY {Per person} $ B X ANY AUTO EBA0028068 " 07/01/12 07101113 ALL OWNED ri SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BODILY INJURY (Per acddent) $ PROPERTY DAMAGE Peracddent $ $ X UMBRELLA LIAB [.� OCCUR EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 B EXCESS LIAR CLAIMS -MADE EPP0028068* 07101112 07101113 DED X I RETENTIONS 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N ! A WCV6068739 09/14/11 09/14/12 X WC STATU- 0TH - TORY IM E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If vas, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 B Leased Or Rented EPP0028068 07101/12 07101/13 Leased or Equipment Rented 50,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addttlonal Remarks Schedule. If more space Is required) Re: Gulley Park Playground re -surfacing CERTIFICATE HOLDER CANCELLATION CITFAYO City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 W. Mountain ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD All rights rese RJREN-1 OP ID: CP DAT06/121"YYY) ACR b" CERTIFICATE OF LIABILITY INSURANCE f o6r12r12 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 endorsemen s . PRODUCER 479-636-4551 Rogers Insurance Agency P.O. Box 2048 NAMECONTACT Chris Piker PHONE FAX A_ QJNo x: 479-636-4551 (A/C No); 479-636-1239 E -M E-MAIL cpiker ro erS-insurance.com Rogers, AR 72757-2048 Roland W. Julian, CIC INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Accident Fund Ins Co. 10166 INSURED RJR Enterprises, Inc. INSURER B: Cincinnati Insurance Company 10677 804 North 42nd Street Rogers, AR 72756 INSURER C INSURER 0: INSURER E : INSURER F; 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. ILT R LTR TYPE OF INSURANCE POLICY NUMBER M DDrrYYYY MMIDDIYYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR • EPP0028068 07101/12 07/01/13 EACH OCCURRENCE S 1,000,00 LIAMAGE TO RENTED PREMISES Ea occurrence $ 100,00( MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: POLICY flPR(?f fl LOC PRODUCTS - COMPIOP AGG $ 2,000,00( S B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS EBA0028068 " 07/01/12 07101/13 COMBINED tSINGLE LIMIT Ee acciden S 1,000,00 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE EPP0028088 " 07101112 07/01113 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTIONS 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER.'EXECUTIVE Y!N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A CV6068739 09114111 09/14/12 X WC STATU- 0TH - R E1. EACH ACCIDENT S 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00( E.L. DISEASE - POLICY LIMIT S 1,000,00 B Leased Or Rented Equipment EPP0028068 07/01/12 07/01/13 Leased or Rented 50,e DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, If more space Is required! CERTIFICATE HOLDER CANCELLATION CITFAYO City of Fayetteville Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 W. Mountain ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD