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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