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211-11 RESOLUTION
RESOLUTION NO. 211-11 A RESOLUTION TO APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF NOT -TO -EXCEED $112,353.00 FOR CONSTRUCTION OF DUGOUTS AND BLEACHER COVERS AT WALKER PARK AND TO APPROVE A BUDGET ADJUSTMENT OF $16,419.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached contract between the City of Fayetteville and Pick -It Construction, Inc in the amount of not -to -exceed $112,353.00 for construction of dugouts and bleacher covers at Walker Park, authorizes Mayor Jordan to sign this contract and approves a budget adjustment of$16,419.00. PASSED and APPROVED this 6th day of December, 2011. APPROVED: By: IO ELD ► AN, Mayor ATTEST: zh By: LISA BRANSON, Deputy City Clerk ,`�,,�sstrttrrrryr�� U ••A; FAYETTEVILLE; mss• �R A 'J: Byron Humphry Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/6/2011 City Council Meeting Date Agenda Items Only Park Maintenance Division Action Required: Parks and Recreation Department resolution awarding Bid #11-67 and approval of a contract with Pick -jt Construction, Inc. in the amount of $102,139 with a 10% project contingency of $10,214 for a total project cost of $112,353 for the Construction of Dugouts and Bleacher Covers at Walker Park and approval of a budget adjustment in the amount of $16,419 from Parks Development Funds. 112,353.00 Cost of this request 2250.925.5315.00 Account Number 11024.1101 Project Number Budgeted Item 116,419.00 Category / Project Budget Contract Servs/Walker Park Baseball Program Category / Project Name 4,066.00 Parks Development / Contract Srvs Funds Used to Date Program / Project Category Name 112,353.00 Remaining Balance Budget Adjustment Attached Parks Development Capital Fund Name Department Dire City Attorney Date Date ri DJ' Finane and Internal Services Director Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in C yt 1 B -1 1 P 0 3: 5 2 1 N Clerk's Office ► i Comments: Revised January 15, 2009 v' a�efl�ville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff , Connie Edmonston, Parks and Recreation Director From: Byron Humphry, Maintenance Superintendent Date: November 18, 2011 Subject: Bid #11-67, Construction of Walker Park Dugouts and Bleacher Covers Agenda Request for December 6, 2011 Meeting PROPOSAL.: The Fayetteville Youth Baseball Board of Directors has requested improvements to the Baseball Complex at Walker Park for many years. The Baseball Complex was built by volunteers starting in 1960. It is an old facility that needs improvements to serve the baseball community until the Regional Park's Baseball Complex is built. On August 2, 2011, the City Council passed Resolution Number 132-11 to approve a budget adjustment in the amount of $100,000 to be used to fund Walker Park Baseball Improvements. Parks and Recreation staff have worked with Fayetteville Youth Baseball (FYBB) to develop a list of priority projects including construction of new dugout areas with benches and the addition of bleacher safety/shade structures. These improvements will help Fayetteville to attract more tournaments, but more importantly will serve youth ages 5 to 12 who love to play the game of baseball. Currently there are 855 youth playing baseball at Walker Park. In addition, there are 11 competitive teams who utilize the fields. Improvements are planned to be completed by March 2012, in time for the spring baseball season. The project was advertised for bid on October 19 and 26, and bids were opened on November 4, 2011. Two vendors including Pick -It Construction, Inc. and Heckathorn Construction Company, Inc. submitted bids. Pick - It Construction, Inc. was the low bid in the amount of $ 111,054, after taking all deductive alternatives. (See attached bid tabulation sheet.) Because the low bid was $111,054 and only $95,000 was certified, Parks staff negotiated with Pick -It Construction to change the scope of work in order to reduce the contract price. A change order in the amount of $8,915 was agreed upon and is submitted in conjunction with this agreement. The contract price with Change Order No. 1 will be $102,139. If approved, the project is anticipated to begin in December 2011 and be completed by March 2012. THE CITY OF FAYETTEVILLE, ARKANSAS RECOMMENDATION: A resolution awarding Bid #11-67 and approval of a contract with Pick -It Construction, Inc. in the amount of $102,139 with a 10% project contingency of $10,214 for a total project cost of $112,353 for the Construction of Dugouts and Bleacher Covers at Walker Park and approval of a budget adjustment in the amount of $16,419 from Parks Development Funds. BUDGET.iMPACT: This project is funded with Park Development Funds. Total project cost including a 10% project contingency is $112,353. Attachments: Staff Review Form Bid Tabulation Sheet Pick -It Construction, Inc. Bid Submittal Agreement Signed by Contractor Purchase Requisition Budget Adjustment Pick -It Construction Change Order No. 1 Cost Estimate Change Order No. 1 Qeo r ta-a1- #! RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF NOT -TO -EXCEED $112,353.00 FOR CONSTRUCTION OF DUGOUTS AND BLEACHER COVERS AT WALKER PARK AND TO APPROVE A BUDGET ADJUSTMENT OF $16,419.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached contract between the City of Fayetteville and Pick -It Construction, Inc in the amount of not -to -exceed $112,353.00 for construction of dugouts and bleacher covers at Walker Park, authorizes Mayor Jordan to sign this contract and approves a budget adjustment of $16,419.00. PASSED and APPROVED this 6th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Agreement — Between City of Fayetteville and Contractor This agreement is dated as of the 4 day of Deektair in the year of 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Pick -It Construction, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. CONTRACTOR at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 11-67 as stated in Pick -It Construction, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-67, all included herein as if spelled out word for word. 2. The CITY OF FAYETTEVILLE shall pay CONTRACTOR based on their bid proposal in an amount not to exceed $111,054.00 (bid price includes taking all three deductive alternates totaling $32,850.00). Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the CITY OF FAYETTEVILLE and CONTRACTOR consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-67 with the specifications and conditions typed thereon. B. CONTRACTOR's bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the CITY OF FAYETTEVILLE and CONTRACTOR and may be modified only by a duly executed written instrument signed by the CITY OF FAYETTEVILLE and CONTRACTOR. 5. CONTRACTOR shall not assign its duties under the terms of this agreement. 6. CONTRACTOR agrees to hold the CITY OF FAYETTEVILLE harmless and indemnify the CITY OF FAYETTEVILLE, against any and all claims for property damage, personal injury or death, arising from CONTRACTOR' s performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Contract Time: The Work shall be substantially completed within 45 consecutive calendar days after the date when the Contract Time commences to run and shall be completed and ready for final payment within 60 consecutive calendar days after the date when the Contract Time commences to run. 8. 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 loss if the Work is not completed within the times specified in paragraph 7 above, plus and extensions thereof allowed in accordance with the General Terms and 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) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 7 above for Substantial Completion until the Work City of Fayetteville, AR Agreement - Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 1 of 3 is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 7 above 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 above for completion and readiness for final payment. 9. The CONTRACTOR shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the CITY OF FAYETTEVILLE retaining five percent (5%) to assure faithful performance of the contract. 10. CONTRACTOR shall furnish a certificate of insurance addressed to the CITY OF FAYETTEVILLE, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the CONTRACTOR shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by CONTRACTOR. 11. CONTRACTOR to furnish proof of licensure as required by all local and state agencies. 12. This contract may be terminated by the CITY OF FAYETTEVILLE or CONTRACTOR within 10 days written notice. 13. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 14. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 15. 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, AR Agreement - Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 2 of 3 WITNESS OUR HANDS THIS DAY OF 1/ Q �' , 2011. CONTRACTOR By: WAruivi azxzx/! /' Printed Contractor Nime & Title ATTEST: v Company Se e ary 01410 10024 N. Campbell Road Business Address Fayetteville, AR. 72701 City, State & Zip Code Date Signed: November 17, 2011 CITY OF FAYETTEVILLE, ARKANSAS ATTEST: Date Signed: City of Fayetteville, AR Agreement - Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 3 of 3 aVe ev1I1e hiiKAN 5A5 BID: 11-67 DATE: 11/04/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-67, Construction - Walker Park Dugouts and Bleacher Covers BODER'..: . 1 Hsckathorn Construction Company, Inc. Deductive Alternative 1 $ Deductive Alternative 2 $ Deductive Alternative 3 $ 20,190.00 10,095.00 20,190.00 Total Less Deductives TOTAL $225,023.00 $174,548.00 2 Pick -it Construction, Inc. Deductive Alternative 1 $ 13,140.00 Deductive Alternative 2 $ 6,570.00 Deductive Alternative 3 $ 13,140.00 Total Less Deductives $143,904.00 $111,054.00 'NOTICE; BId award 1s contingent upon vendor meeting minimum specifications and Formal authorization by City officials. CERTIFIED: -P 44 111 ��a// P. VICE, MACH MGR WITNESS r DIYiE City of Fayetteville Bid 11-67, Construction -- Walker Park Dugouts and Bleacher Covers Document 00400: Bid Form Contract Name: Drake Field Security Improvements Bid Number 11-67 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: l 1T enti/S% T OA4 4': 14 //L -L- 7?70f Article 1— Intent: A. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City in the form included in the Bid Documents to perform and furnish all Work as specified or indicated in the Bid Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Bid Documents. Article 2 — Terms & Conditions: A. Bidder accepts ail of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 calendar days after the date of City's Notice of Award. Article 3 — Bidder's Representation: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date t A/ /1 /WW WI( City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 21 of 34 B. Bidder 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, and furnishing of the Work. C. Bidder 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. D. Bidder has carefully studied all: (1) 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; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that the City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Bid Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Bid Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Bid Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bid Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 22 of 34 J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the City of Fayetteville. This form continues on the next page. City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 23 of 34 Article 4 - Bid Price: Bidder will complete the Work in accordance with the Contract Documents for the following prices listed below: Bid Form: Bid 11.87, Construction -Walker Park Dugouts and Bleacher Covers FIELD # Line item Description Price Per Each Quantity 1 A Dugout $ 6); Zia" " X 2 /TOTTAL $ /GI 6917 — B Bleacher Cover N/A X N/A = N/A 2 A Dugout $ /01345-"-- X 2 $ 4,52/D JCD ,•-. B Bleacher Cover NIA X NIA - N/A 3 A Dugout $ A/ -2)11S x 2 $ / t '� B Bleacher Cover $ b r X 2 . . $ / NO 4 A Dugout $ 6r3 X 2 = $ /2 49.0 " 8 Bleacher Cover $ Atc770 - x 2 - $ 13i / L!O 5 A , Dugout $ /a qs-"'" x 2 = $! 7(090 r B Bleacher Cover l $ (, 5-7C1 -- X 2 = $ 13/114v 6 A Dugout N/A x NIA . N/A B Bleacher Cover $ 4570 x 1 ' $ 4$1 '"� 7 A Dugout $ roc? 1S - X 2 = t, $ 12, ,90 B Bleacher Cover N/A x NIA = N/A 8 A Dugout NIA " NIA N/A B Bleacher Cover $ 41570 ' x 2 = $13,1 itD '- NIA: Other 9 Mobilization (ship not exceed 5% of total bid) x 1 - $ $ J 10 Insurance and Bonds $ 62- 8 17/3 x 1 - $ '..-- TOTAL I'331?D q '' This form continues on the next page. City of Fayetteville, AR Bid 11-67, Construction - Walker Park Dugouts and Bleacher Covers Page 24 of 34 . ���' :� -P -- 11'r a ,,, ,, t1 - C� n" t a a.- SI9 4-,,,,:4-, c � �`� o a • ai r a , o, _� ^2 . _. .. <,, _ / ...e=,° , �! ' 7 i yr r ''a Y r° ° �s ` -ws ..... ia , _ : 'FIELD # Line' Item Description Price Per Each Quantity TOTAL TO DEDUCT 8 B DEDUCTIVE ALTERNATE #t' Price to ��.� $61c x 2 = $ ��l I V Ashould SUBTRACT from the total base bid to remove bleacher covers this contract - Field 8. This match Line item 8B 6 B DEDUCTIVE ALTERNATE #2; Price to �j $ (, / ® x 1 $ ! 4 / 0 SUBTRACT from the total base bid to remove bleacher covers this contract - Field B. This should match Line item BB 3 B DEDUCTIVE ALTERNATE #3; Price to $ 5`70 x 2 = $ . 7,� IJ h .......• 6 V SUBTRACT from the total base bid to remove bleacher covers this contract - Field 3, This match Line item 3B **NOTICE: BIDDERS ARE REQUIRED TO PROVIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN YOUR BID BEING REJECTED. **THE CITY WILL AWARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJECT (PLUS 25%). IN THE EVENT NO BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJCET, PLUS 25%, THE CITY WILL UTILIZE THE DEDUCTIVE ALTERNATES IN ORDER UNTIL BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFIED, PLUS 25%. IN THE EVENT ALL DEDUCTIVE ALTERNATES ARE SUBTRACTED AND NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS 25%, ALL BIDS WILL BE REJECTED. This form continues on the next page. City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 25 of 34 Article 5 — Contract Times: A. Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. B. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. Article 6 — Bid Content: The following documents are attached to and made a condition of this Bid: A. Required Bid se,,rity in the form of a certified or bank cashier's check or a Bid Bond and in the amount of 5 4 r p 7� Dollars ($ )• B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. Sub -contractor name:. i°t 12d Percent of work: 4` Sub -contractor name:___1_/ /Art Percent of work: _ Oe % Sub -contractor name: 1106 Percent of work: Sub -contractor name: Percent of work: % Sub -contractor name: Percent of work: % Article 7 — Bid Communications: Communications concerning this Bid shall be addressed to the Bidder as follows: on /"� e-Conx /u4-x/M,; lop -?-111, (%, ie lb, Fornmet.ia- °7? -7O/ Phone Noble70 73 -7,f E -Mail: _do FAX No. et* City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 26 of 34 Article 8 — Bid Signature: If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: City of Fayetteville, AR Bid 11-67, Construction — Walker Park dugouts and Bleacher Covers Page 27 of 34 A Corporation , Corporation Name: / /4* t T incfre /M� (SEAL) State of Incorporation: A,e 14irSif Type (General Business, Professional,-�-�Service, Limited Liability): ‘::r.07742924 -e— C t fit" ev2 By: (Signature — attach evidence of authority to sign) Name (type or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: Phone No.: FAX No.: END OF DOCUMENT 00400 City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 28 of 34 City of Fayetteville Bid 11-67, Construction - Walker Park Dugouts and Bleacher Covers Vendor References The following information is required from ail Bidders so all bids may be reviewed and properly evaluated. All bidders are required to have performed at least four (4) contracts of similar scope within the past five (5) years. COMPANY NAME: [ {GK'" St`guerr®A Arc, BUSINESS ADDRESS: loop if A > ,dba&k1 ZC jb, Xfierrrt4GLE- 7? yb( NUMBER OF YEARS IN BUSINESS: 9, HOW LONG IN PRESENT LOCATION: 751.0 TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME IX PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: y' FULL TIME a . PARTTIME PLEASE LIST LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST THREE (3) YEARS (All fields must be completed): 1. Alittifki,1/4.1 LST A) at/C .44/022t$ 2. COMPAN NAME COMPANY NAME Fbr & O" 1D1343 CITY, STATE, �/ A7.fbi1E )/t6f..S CONTACT PERSON (20,1-.7 TELEPHONE FAX NUMBER E-MAIL ADDRESS 3. Otit-Wienalf COMPANY NAME CITY, ' TATE, ZIP RAM> F� CONTACT PERSON 4't�-/fT 779) PHONE FAX NUMBER E-MAIL ADDRESS rihal I, A -1:YU.sb CITY, STATE, 21P ,ivbs 144,/vi it CONTACT PERSON L PHO E FAX NUMBER E-MAIL ADDRESS 4. r. (Z _W lags COMPANY NAME CITY, STATE, ZIP Osa �Or/ 071)387—'7573 CONTACT PER ON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR Bid 11-67, Construction - Walker Park Dugouts and Bleacher Covers Page 29 of 34 City of Fayetteville Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Debarment Certification Form — THIS FORM SHOULD BE SUBITTED WITH ALL BIDS 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: �..r5l lT COMPANY: 73C44— L=-6sa PHYSICAL ADDRESS: _../Trail MAILING ADDRESS: 71�rYiE ,rte PHONE: 670 9x73.5 o9 EMAIL: Yiic SIGNATURE: DATE: �'ror FAX: NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(21 Drug Free Workplace Act of 1988.) TREATMENT: Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the City determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 30 of 34 City of Fayetteville Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Statement of Disclosure — To Be Submitted With ALL Bids This page does not count towards page limitations set forth in this request for proposal or bid. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. 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 V YODUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL: 1.) I, 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. --47-Arked Q� Printed Nam VAre Signature //2/( Date City of Fayetteville, AR Bid 11-67, Construction — Walker Park Dugouts and Bleacher Covers Page 31 of 34 U.S. Specialty Insurance Company BID BOND Bond No. Jii2011 KNOW ALL MEN BY THESE PRESENTS, that we, Pick It Construction Inc. as Principal (hereinafter called the "Principal"), and U.S. Specialty Insurance Company (hereinafter called the "Surety"), are held and firmly bound unto Ci of Fayetteville. Arkansas hereinafter called the "Obligee"), in the sum of 5% MAB of the amount of the bid described below but not to exceed Five Percent of Maximum Amount Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has submitted a bid to Obligee Walker Park Dugouts & Bleacher Covers. Fayetteville, AR NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of the failure of the Principal to enter into such a contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 27th day of October, 2011 Pick It Construction, Inc. Principal By Title U. S. Secia1ty insurance Company By l A. Barraza A ey-in-Fact POWER OF ATTORNEY- AMEIucArc CONTRACTORS INDErvINITY COA'LPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOWLTJ4ENBY THESE PR T TS fl can Contractors Iitdeth tit + Company, a California co n Texas } Bondtug om�i ; .an assumed naipt enran o ors Indemnity Company, a Cabfosiiis corporation, Uted. tr Cfl an a 1 larylan eo oration aiti I eel Irisuranee Company a• f etas cq oYatron' (collectively , the "(_pi . m¢ y " rp TP { Y these presents make, constitute and appoint: Mason T. Grashot, Gail A. Barraza or Anti L. Ashmore of Little Rock, Arkansas 4e and lj, i#arney(s) in -fact, ea tili in their separate capacity if rttor tl an sae ve, with full poWdt'tnc -authoa y here of i[c n s name, place is ad texecue, ackznowledge arc l r a nllb�ids, reeognizanices, nc ertaltrngs � tEotlerfrtinientss or contracts ,s rebyshfp to liticlude riders, am e nt attt a serfs o€ surety, praX5cl g flye bond penalty does not exceed *****Three Million***** Dollars (S **3,000,000.00** This Power of Attorney shall expire without further action on March 18, 2015. This Power o€ Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Ike:tt Resod iliac e�Presideat, any'Vice-Prssulent, any 2tssi as n Ysco-President, any Secttaryonatsy Asstsl t Secretary shall be and is h vested aiiiiiU pativer and sutlrorrLy ko aint any one or m ablerpersons fi fdat�t y(s)-in-Fact to rep rid pct FG viii ort bed if of the Company an�t einhiownig optstons - sa _-- "Atlorny in -Fact maybe given full power and authhriip- or and m the name of and on behalf of iorlipany, to execute, acknowledge and deffVWT s y ati cif s ' recoguizanees, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resod, -that the signature of any authorized officer and seal o ee Company heretofore or hereafter affixed to pity owes of attorney or any certificate relating r�[ebby ` Bert e3d y power of attomeyeca beg er ti mle signature or faeatmrle,se had a valid can sending upon the Cotn�auy with rdipeetto r W1 it 3- a t any ��adorund�IIga which it is attache 1 z TftT ESS WHEREOF, The Comp iiiies'have caused this instrument to be sigma and Wr corporate seats to be eta xed, us"" 31day of March, 2011. AMERICAN CONTRACTORS IT MNTrY COMPANY TEXAS BONDING COMPANY UNITED STATES LkI S? ANY U.S. SPEGIALTY'I SZ 1 �10E COMPANY ," : t".. .: Daniel P. ASuilar, ice President State of California .`/.,_p� Conn fLos des SS tY _ INT k i � Fn1rfs�`saaf Aiarch, 2011 be�rierJeltrra) R"se, a notary publrtil�pea Biel P. Aguilar,srdt , " 1 xle an n actors Indernnrty Cii#sfpn Teia T ohding Company, Uni d Siie Carnpany and U.S. �peetalt Ynslaranee Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument IvicertrfIrtder PENALTY OF PER Jntndtthe laws the State of Caltrr►ia ttiaF tfi�ng paragraph irre TTEniy hand`nd official seals; = , 7 as sart�4t ttEE&E — _ Tea..,.. .T•Y _::trs • ii F:w �� ".i ::. . rs---� Ctanatisskan * t2681� Signature _.l. ra�tn� .tees-- (Seal) NaLaA6 t Catifartdn Laa An'psles County M Comm. ras idar 08, 2005 I ,leaniiriissistant Secretaryfof Marian uta; ctors Indemnity 1niina Borg Company Ututcd-States surety minaii arld iecialty Insur ice a Zan do h4ieby.certify that thtal end re id is= true and contco y of a Power Afitorney�it celtt+y said Comptie, wxzclt is still an full force and effotesolirtions of the set out in the Power of Attorney are in kilf force and effect. In itness ereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this a day of r, �f Grorporate4Sels -' x� = n ¢Ia i' ' d k f — =_ Bond No. E Jeannie J. Kim, Assistant Secretary Agency No. 0217 y F. PICK -IT CONSTRUCTION, INC. an Arkansas Corporation MINUTES OF THE ORGANIZATIONAL MEETING OF THE MEMBERS The first meeting of the Board of Directors of this corporation was held at Fayetteville, Arkansas on August 21, 2003 pursuant to a Waiver of Notice of that meeting signed by all the members. Members present: Nathan Loren Ogden Members absent: Others present: Nathan Loren Ogden acted as chairman pro tempore of the meeting, and as secretary and recorded the minutes. The chairman pro tempore confirmed that a quorum of members was present. The chairman pro tempore directed that the Waiver of Notice of this meeting be attached to the minutes and made a part thereof by reference as Exhibit A. The following matters were discussed and acted upon at this meeting: 1. Election of Officers. The chairman pro tempore announced that the election of officers and a permanent chairman of the board, as provided by the bylaws of the corporation, was in order, and the meeting then proceeded to such. After discussion and nominations, upon motion duly made, seconded and unanimously carried, it was RESOLVED: The following persons are elected to the offices set forth opposite their respective Office President Vice -President Treasurer Secretary Name Nathan Loren Ogden Nathan Loren Ogden Nathan Loren Ogden Nathan Loren Ogden Thereupon, Nathan Loren Ogden assumed permanent chairmanship of the meeting. 2. Articles of Incorporation and Bylaws. The Articles of Incorporation and the bylaws of the corporation, which had been read by the members and considered, section by section, after which, on motion duly made, seconded and unanimously passed, it was RESOLVED: The Articles of Incorporation and bylaws for this corporation are adopted as Project Request Form Project Request: Project Number Project Title Project Status Project Manager Project Group Project Type Fiscal Start Mod Year Sub Project Request: Sub Project Number Sub Project Title Sub Project Status Sub Project Manager Grant (YIN) 11024 (will be assigned by Budget) Walker Park Baseball Improvements Active Connie Edmonston Project Parks & Recreation Improvements Nov -11 1 Walker Park Baseball Improvements Active Connie Edmonston No General Ledger Accounts Assigned: 2250.0925.4999.00 Sub Project Request: Sub Project Number Sub Project Title Sub Project Status Sub Project Manager Grant (YIN) General Ledger Accounts Assigned: Is this item going to Council? Yes Is a budget adjustment needed? Yes Tracie Martin Requested By If yes, please specify date: Entered By 12/6/2011 JOURNAL ENTRIES Date 15 -Nov -11 Journal Entry Number Prepared by: Tracia Martin Account Name Account Number Amount Sub Project Pnoj Transfer Due tolfrom Sub Fund De t De t Base Detail DEBIT CREDIT Due from other funds 2250 0100 00 1,189.30 1010 Misr Park Revenues 2250 0925 4999 00 1,189.30 11024 1101 Parks Donations 1010 0001 4815 00 1,189.30 03051 1 Due to otherfunds 1010 1400 00 1,108.30 0925 Reclass misc revenues from Donations Entered: 2,378.60 2,378.60 Accounting Supervisor Journal Entry Number 0 Bid 11-67, Construction of Walker Park Dugouts and BleacherCovars Change Order#1 Cost Estimate November 17.2011 ITEM# DESCRIPTION UNIT EST. OTY. EST. UNIT PRICE ESTIMATE 1 Revlace redwood fascia boards with treated boards that match rafter boards L.S. I $2,272.00 ($2272_00) 2 Delete requirement to aint treated boards L.S. 7 ($3,100.00' ($3100.00 3 Delete soffit L.S. 1 ($2a43.0) $2.943.60 TOTAL Respectfully submitted, Firm NjIIi. Inc. sy: Dates (5$,915.60) 1 Of 1 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479)444-3471 F (479) 521-7714 RKANSAS CHANGE ORDER NO. 1 Cost Plus_ Pre -Agreed Unit Price X Project Name and Number: Bid 11-67, Construction of Walker Park Dugouts and Bleacher Covers Name of Contractor_ Pick It Construction, Inc.. Address of Contractor: 10024 N. Cam bell Rd. Fa tteville AR 72701 Date of Contract: December 6.2011 Original Contract Sum: $ 143.904.00 Total Amount of Deductive Alternates (#1, #2 and #3): $ -32.850.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 111,054.00 Contract Sum Decrease this Change Order: -8915.00 New Contract Sum including this Change Order: S102.139.00 Subject and Reason for this_ Change Order: Staff is requesting several changes to the existing specifications that will reduce overall construction costs while maintaining a quality, low maintenance product. Requested changes include: 1) Replacement of the redwood fascia boards with treated boards; 2) Deletion of requirement to paint treated boards; and 3) Deletion of plywood soffit. Additional Time Requested: 0 Calendar Days Dated this 6th .day of December. 2011 CITY OF FAYETTEVILLE Parks & Recreation epartment By: 4t Byron umphry, Park Maintenance Superintendent CITY OF F FJTTEVI By: ayor Lio ordan ArJ�.y --- Pick-It Construction Inc. Contractor By: Title: ATTEST: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Parks & Recreation Request Date 2011 Department: Parks & Recreation 11/17/2011 V11.0425 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION A budget adjustment in the amount of $16,419 to add funding in the Walker Park Baseball Project and to recognize $1,189 in miscellaneous revenues from removal of old bleachers. Byron Humphry 11/17/2011 Division Head Date Budget Director Connie Edmonstop Wa CLurb4L.. EI vuw D to ate Date Prepared By: Trade Martin ₹martin Reference: Budget & Research Use Only Type: A B General Ledger Date Posted to General Ledger Checked / Verified C D E P Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 1,189 1,189 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Contract services 2250.9255.5315.00 16,419 11024 . 1101 Park improvements 2250.9255.5806.00 (15,230) 02002 1 Miscellaneous revenue 2250.0925.4999.00 1,189 07019 . 1 K:IFinancial ServiceslBA's 2011XBA BA 11.17.11 1 of 1 tequlsition No.' a l City Of Fayetteville - Purchase Order (PO) Request 11115/2011 [Not a Purchase Oder] Number txpected Deleery All pcmrhases under $2500 shall be used on a A -Card unless medkal or 1099 service related (Cali x250 with questions) All PD Requezl shall be scanned to the Purclrasin a -mail: Purchasi i.fa villa.ar. us Vendor #: iVandor Names M&l 16068I pick-ll Construction, Inc Yes:_ No: Address: Fob Point: Taxable Quotes Attached 10024 N. Campbell Rd. Yes: No: Yes: Bid Tab No: City. State: Zip Code: I0c0de: Divisors d Approval: Fayetteville AR 72701 Requester: Requester's Employee P. Extension: Byron Humphry, Maintenance Superintendent 2557 368 Item Desal tion Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro cl/Sub roject # nventory# Fixed Asset # Construction of Walker Park 1 Dugouts and Bleacher I I L.S $102,139.00 2250.9255.5315.00 11024.1101 Covers - Bid 11.57 2 $0.00 3 $0.00 4 $0.00 5 $0.06 6 $0.00 7 $0.00 8 $0.00 0 $0.00 10 €0.00 ShippingiHandling Lot $0.00 peat ns ctions: , Taxis included in the bid price.Suntolal: $102139.00 Tax: Total: $102,139.00 Approvals: Mayor: _ Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: _ __ IT Manager: __ Dispatch Manager: Utilities Manager: Other: eu c P`iii" RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT BETWEEN THE/CITY OF FAYETTEVILLE AND PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OI NOT -TO -EXCEED $111,054.00 FOR CONSTRUCTION QF DUGOUTS ANA] BLEACHER COVERS AT WALKER PARK AND TO7 APPROVE A BUDGET ADJUSTMENT OF $16,419.00 rw BE IT`.. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City o4 Fayetteville, Arkansas hereby approves the attached contract between the City of Fayetteville and Pick -It Construction, Inc in the amount of not -to -exceed $111,054.00 for construction of dugouts and bleacher covers at Walker Park, authorizes Mayor Jordan to sign this contract and approves a budget adjustment of $16,419.00. PASSED and APPROVED t i 6th day q December, 2011. APPROVED: By: LIONELD JORDAN, Mayor By: ATTEST: RA E. SMITH, City Clerk/Treasurer RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT BETWEEN THJ CITY OF FAYETTEVILLE AND PICK -IT CONSTRUCTION, INC. IN TE AMOUNT OF NOT -TO -EXCEED $111,054.00 FOR CONSTRUCTION �F DUGOUTS AND BLEACHER COVERS AT WALKER PARK AND T,O APPROVE A BUDGET AD STMENT OF $16,419.00 BE IT RESOL ED BY THE CITY COUNC OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the Nty Council of the City of/Fayetteville, Arkansas hereby approves the attached contract be een the City of Fayetteyflie and Pick -It Construction, Inc in the amount of not -to -exceed $11, 4.00 for con=tr tio of dugouts and bleacher covers at Walker Park, authorizes Mayor Jord to sign this t and approves a budget adjustment of $16,419.00. PASSED and APPROVED this 6thay of December, 2011. APPROVED: /\ ATTEST: LIONELD JORDAN, Mayor h. 11v111 n, t. ny uteriv I reasurer THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 1000910697 AiA Document A312 Performance Bond iliiliflilllllillfilillllllilfillllflliifllllll IlllloIIIiioiiiiiilf illif l Doc ID: 014355230007 Type: LIE Kind: PERFORMANCE BOND Recorded: 12/21/2011 at 11:28:26 AM Fee Amt: $45.00 Paae I of 7 Washinaton County. AR Bette Stamps Circuit Clerk FileBO30-00000930 Aly2lrVJM /.1orol�e2 to Carwabr. Saey,Oa'oc or Pailr4Ri1 be mnpunad Pw Wt a apaaWo. CONTRACTOR (Name and Address}: SURETY (Name and Principal Place or ausinesst: Pick -It Construction, Inc. U. S. Specialty Insurance Company 10023 N Campbell Rd. Fayetteville, AR 72701 13403 Northwest Freeway OWNER Houston, TX 77040 City of Fayetteville Fayetteville, Arkansas CONSTRUCTION CONTRACT Date: December 6.2011 Amount: $ 11 ~.054.00 Description (Name and Location): Construction - Walker Park Dugouts and Bleacher Covers Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): December 12,2011 Amount: $ 111,054.00 Modifications to this Bond: [ '] None l See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: Pick -It Construction, Inc. orporaapleeS�Sea)) Signature: Name and tla: (Any addltlonal signatures appear on page 3) SURETY COMPANY: U. S. Specialty Insurance Company (Corporate Seal) Signature. Name and Title: Gait A. Barraza Attorney-in-Fac FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, - AGENT OR BROKER: Engineer or other party): The Bond Exchange PO Box 23407, Little Rock, AR 72221 AIA DOCUMENT A312 PERFORMANCE BC MD AND PAYMENT BOND DECEMBER 1114 ED. AMA® THE AMERMAN INSTTTVTE OF ARCHITECT!,1733 NEW YORK AVE. N.W., WA3}IINDTON D,C.20a31 TN1RO PRINTINO.MARCH 1217 A 312-1 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surely at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3. the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surely demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner, 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater then those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other oblige - lions. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4.4 Waive its rights to perform and complete, arrange to perform its obligations under this Bond, whichever cc - for completion, or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law, the minimum period of limitation available AIA DOCUMENTA772 PERFORMANCE Boles AND PAYMENT BOND DECEMBER 1984 ED., AIA K3f2-1954 98 2 THE AMENCAN INSTITUTE OF ARCHTECTS.1735 NEW YORK AVE., N.W., WASHINGTON D.C. 70006 THIRD PRINTING • MARCH 1987 to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re - 10. Notice to the Surety. the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig• behalf of the Contractor under the Construction Con - nature page. tract. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed Incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.2 Construction Contract: The agreement between the Owner and the Contractor identified an the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) Signature: Name and Title: Address: SURETY COMPANY: Signature: Name and Title: Address: (Corporate Seal) A!A DOCUMENTA312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 19&1 7D., AY1 O A312-1984 3 THE AMERICANrNSTITVTE OF ARCHTECTS. 1736 NEW YORK AVE., N.W., WASHINGTON, D.C. 200D6 THIRD PRINTING - MARCH 1937 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 1000910697 AIA Document A312 Payment Bond A,.InNdI.nlMne. toCaar.cL ',Sunty,Ornrraalhrrpiny.h.aa ann.Id.+W plw.I rlyn ay4ac.04. CONTRACTOR (Name and Addr ss): SURETY (Name and Principal Place of en Alnme.1" Pick -it Construction, Inc. U. S. Specialty Insurance Company 10023 N Campbell Rd, Fayetteville, AR 72701 13403 Northwest Freeway OWNER (Name and Addroaa): Houston, TX 77040 City of Fayetteville Fayetteville, Arkansas CONSTRUCTION CONTRACT Date: December 6, 2011 Amount $ 111,054.00 Description (Name and Location): Construction - Walker Park Dugouts and Bleacher Covers Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): Decemoer 12,2011 Amount: $ 111,054.00 Modifications to this Bond: [.1 None I a See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY: Pick -It Construction, Inc. U. S. Specialty Insurance Company (Corporate Seat) (Corporate Seal) Name and Titte: j/ Name and Title: Gail A. Barraza .r. Attorney -in -Fact (Any additional signatures appear on page 6) FOR INFORMATION ONLY -Name, Addraaa and Tolcphono OWNER'S REPRESENTATIVE (Archliect, AGENT OR BROKER: Engineer or other party): The Bond Exchange PO Box 23407, Little Rock, AR 72221 ALA DDCUMlM A711 PENOAMAJ:CS BOND AND PAYMENT aGNP PECEMILIER 14J4 EA, AJAQ THE AMERICAN IN$TRLTE OF AADUTECT9,1735 NEW YORK AVE., N.W.. WASNING70N, D.C.2EEnI A312-1984 4 THIRD PRINTIND - NARCH TNT 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, Indemnities and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or In part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last tabor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. lithe 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. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A212 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1084 ED., AIA® A31 2-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE_, N.W., WASHINGTON. D.C. 20006 THIRD PRINTING - MARCH 1087 Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use In the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required far performance of the work of the Contractor and the Contractors subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL COMPANY: Plck4t ConatrudIon, Inc. (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) ALA DOCUMENT A312 PERFQRMAFCE BOND AND PAYMENT BOND DECEMBER 14 ED.PJAA312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS. 1774 NEW YORK AVE., N.W, WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1917 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL M EN B Y THESE P RESENTS: -That American Contractors I ndemnity Company, a California c o_rporation, Texas Bonding Company, an assumed name0fAmerican Contractors I ndemnity Company, United States Surety Company, a Maryland corporationcorporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make; constitute and appoint: - — Mason T. Grashot, Gail A. Barraza, or Am! L. Ashmore of Little Rock, Arkansas its -true and-lawful-Attorney(s)-in-fact, each in their separate capacity if more -than one -is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any-and'aI1:bonds, recognizances, undertakings • or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** - Dollars ($_ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any =Assistant: Vice -President, any Secretary or any Assistant Secretary shall be and i s hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: _ _ - - — _ Attorney -in -Fact may be given full power and authority forand in the name of and on behalf of the Company, to execute, acknowledge and deliver any and all bonds, - recognizances, c ontracts, agreements or i ndemnity and of her c ortditional or obligatory u ndertakings, including any and all consents for the release o fr etained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Bent Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to arrybond or undertaking to which it is attached. -- IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals t4�� t� _ _ ✓�,t�rNo Daniel P. Aguilar, Vice President State of California k County of E0s Angeles SS: On this 3rd.day of October, 2011, before me, Deborah Reese, a notary public, personaliyappeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United -States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and ack nowledged to me t hat h e ex ecuted the same i n h is authorized cap acity, and that by his s ignature on the i nstrument th e person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. I certify under PENALTY OF PERJURYinnder-the Iaws-ofthe State of California that the foregoing p aragraph is true and=correct. WITNESS my hand and official seal. - _ _ - nEttORAn t1EESE Signature S- e�ntn.i tepw+e . .. ,t (Seal) t:arnat_fivkn Wr t6.2i115 _ 1, Jeannie Lee, Assistant Secretary of American Contractors I ndemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In fitness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day ofgQ� ��aRt = �tnttt pe Corporate Seals 'SEAL , Bond No. 4t,0 Jeannie ee, Assistant Secretary Agency No. — 0217 = I La°�°H Y 6 N f]3 T �LLL G Y b V 3 T�LL� v. © C uy S U Q a W fA a C 2 O 0 0 w N f a 1• I - - x c a7C�D Xo C ap�cmaU }Iy! C i Cm I Y c m U e y 4 Y y 6 f Opom > y C i6 U e y Q as ci���.tuLL as l C C c u.o xciaaw�;�a '� a o. L ... .City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting O to Agenda Items Only picj- CoA±. Byron HumphHumphry Park Maintenance Parks and Recreation Submitted By Division Department rea: Approval or Gnange uraer?F3 witn l'ICK-It Construction, Inc. in the amount or 141u5.3f to cover the expense or sales tax for the Walker Park Baseball renovation project. The original bid documents erroneously stated this project was tax exempt. Pick -it Contruction, Inc placed their bid under this assumption, not including sales tax. This project is not tax exempt. This project has an approved contingency of $8,874. This project is within budget and the sales tax Change Order ($4105.37) will come from project contingency funds. $ 4.105.37 Cost of this request 2250.9255.5315.00 Account Number 11024,1101. Project Number Budgeted Item L..�X..._1 —Pck Finance and Internal Services Director $ 134,789.00 Category! Project Budget $ 130,307.21 Funds Used to Date $ 4,481.79 Remaining Balance Budget Adjustment Attached fi Date 7I.ff Date 1 - )2-zata Date '1 Date D e Contract ServslWalker Park Baseball Program Category / Project Name Parks Development / Contract Srvs Program / Project Category Name Parks Development Capital Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 132-1x.,...11 12/6/2011 Received in CityC 4_ i j— j 2 A 09 : 50 R CV D Clerk's Office ,a - _ Received in Mayor's Office Revised January 15, 2009 • ZayleevIlle STAFF REVIEW MEMO To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Byron Humphry, Parks Maintenance Superintendent Date: April 10, 2012 Subject: Pick -it Construction, Inc. Change Order #3 PROPOSAL: • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The Fayetteville Youth Baseball Board of Directors has requested improvements to the Baseball Complex at Walker Park for many years. The Baseball Complex was built by volunteers starting in 1960. It is an old facility that needs improvements to serve the baseball community until the Regional Park's Baseball Complex is built. City staff and Fayetteville Youth Baseball collaborated to build new dugouts and bleacher covers. On December 6, 2011, the City Council passed Resolution Number 211-11 to approve Bid #11-67 with Pick -it Construction, Inc. with two change orders for a contract sum of $121,849.00. The original bid documents erroneously stated this project was tax exempt. Pick -it Construction, Inc placed their bid under this assumption, not including sales tax. This project is not tax exempt. Pick -it Construction, Inc. has submitted Change Order #3, in the amount of $4105.37, to include sales tax expenses for this project. RECOMMENDATION: Approval of Change Order #3 in the amount of $4105.37 to pay the project sales tax. This will bring the total contract price to $125,954.00. BUDGET IMPACT: The amount requested for Change Order #3, $4105.37, is within the project contingency of $8874.00. Attachments: Staff Review Pick -It Construction Change Order No. 3 . S a. Pick -it Construction Inc. 10024 N. Campbell Rd. Fayetteville, AR 72701 Chance Order # 3 Job # 4701 Owner: City of Fayetteville Project: Walker Park Dugouts and Bleacher Covers (Bid 11-67) The contract is changed as follows: # Cost Description $4,105.00 Sales Tax, not included in original bid per page 10 of the project specifications. Breakdown: The original contract sum was $ 111,054.00 Net change by previously authorized change orders $ 10,795.00 The contract sum prior to this change order was $ 121,849.00 The contract sum will be increased by this change order in the amount of $ 4,105.00 The new contract sum including this change order will be $ 125,954.00 The contract time will be increased by ................................................ ( 0 ) days Accepted By: s Representative Owner's ;'1?Qk) 17 By. MpYo tTY or r vp1Ev[[ fs' By: ThS1ENAC Cust. No, Al2FAY0S34 Cust. P.O. 4701 Job No. lF1 ITT :ONSTRUCTION 10024 N CAMPBELL RD FAYE'T1'R'VILLE. AR 72701-9015 479 973 5109:479.571.3672(Fax) Fastehal Company P.O B1ox 1286 WINONA, MN 55987-1286 The sforie serving you is 639 W 6th!S(rcct Sui(c 2&3 FAYE'rm'w.LE. AR 72701 Pllonc #: (479)442-2960 Fax #:(479)442-2861 Reference Date No. 2129112 ARFAY60415 DUF DATE: 03130/20!2 T31`ik-11°CONSTRl1CTlON 10024 N CAMPBGLI, RD FAYFirTEVI1,1.E. AR 72701-9015 Page 7`his Order and Document are subject to the "Terms of Purchase" posted on www.fastenal.com. rY Descriptr'ori berg Shipped Quantity Line__j Gonfrol No. Price / Amount Part No Nunrli+cA 1 56 56 0 112-13x5 A307A IIDG 220010268 91896 123.0000 66.88N 2 392 392 0 1/2'x3"Ga1vHex Lag, 220003168 22243 64.0000 250.88N 3 56 56 0 112-13 lTX NUT UAI.V fyark00f1 ¶130709 14.0000 7.84N 4 504 504 0 1/2 USS F/W (ialvaniz rk0001 33164 16.0000 90.64N Received By Comments Contact: doug if you re -package or re -sell this product, you ar€ required to maintain integrity of Country of Origin to the consumer of this product. Reasonable collection and attorneys fees will be assessed to all acoouiltsolaced frfrcolleQtign NO mate naiS aocepra r re a without our pernlrs5ron. X indicates part Is a hazardous material 'Indicates part was sold at a promotional or special discount price Tax Exemption No Fxcmptiun AR Subtotal 409.24 Shipping & Handling 49,23 State Tax 27.38 County Tax 5'71 City Tax 9.13 TOTAL USD 498.69 An invoice will be mailed in approximately five days. All discrepancies must be reported within 10 days, Thank You I 'C FORK! - 1N13 CuSt. NO. ARIAY0534 CUSt. PO, 4701 Job No. P1L11�-IT CON$•rRUCTI oN 10024 N CAMPBELL, RIB FAYET"f CV ILLE. AR 72701.9015 479.735109;479.57 I.3672(Fnx) . lid'.-nisi& wpoj- Fastenal Company P.O Box 1285 Reference WINONA, MN 55987-1286 Date No. Page The store serving you is 3/12/12 ARFAY60742 DUE DATE; 04/i 1/2012 (}9 W 6th 5trcct suite 2&3 FAYH'i'TEVII,1.E. AR 72701 Phone If: (479)442-2860 Far If: (479)442-2861 i1PCONSTRUCT1ON 10024 N CAMPBELL RD FAYETI'F..VILLE. AR 72701-9015 This Order and Document are subject to the "T Una Quantity Quantity Quantity Description No. 1 Ordered Shipped Backorder I ISO 150 0 3/8X4 LOT 2 2 2 0 5/16x1oxl2Crbd5r3SRt 3 1 1 0 5/16xI0x12CrhdSDS Bt Received By Comments Coot Ce Doug Doug if you re -package or re -sell this product. you are requiMd to mafntaln integrity of Country of Origin to the consumer of this product. Reasonable collection and attorneys fees will be assessed to all accountsIlaCed for collection o materials eccepraa ror return WKhouf ourpermissron. X indicates port is a hazardous material Indicates part was sold at a promotional or special discount price arms of Pur Control No. rnmacl hiackd 180044049 chase" posted on www.fastenaLcom. Part No. pride It Amount 0136073 109.2000 163,80N 0235583 1,437.6000* 28.75 N 0235583 1.437.6000• 14.39N Tax Exemption No Excmptinn AR Subtotal 206,93 Shipping & Handling 6.00 State Tax 12.79 County Tax 2.66 City Tax 4.26 TOTAL USD 232.63 An invoice will be marred in approximately fva days. All discrepancies must be reported within 10 days, Thank You I li7RA1r • fN/3 CUSt. No. ARFAY0534 CuSt. P.O. 4701 Job No. I CONSTRUCTION 10024 N CAMPBELL RI) FAYETTEVILLE. AR 72701-9015 47997351 09479.57 L3672(Fnx) Fastenal Company P.O Box 1286 WINONA, MN 56987-1286 The store serving you is 639 W 6th 5trcet Suitc 2&3 FAYI1TEVIL1.F.. AR 72701 I'hnnc 9: (479)142-2860 Fa x 4: (479)442.28(11 . f oUrtI"1'V vitro+ Reference Date Page No. 3113112 ARFAY60798 DUE DATE: 04112/2012 f'1°CONSTRUCTION 10024 N CAMPBELL RD FAYESTEVi1.LG, AR 72701-9015 This Order and Document are subject to the "Terms of Purchase" posted on www.fastenal.com. Amount Line Quantify Quantity Quantity QeScription Na Control Part No. Price / Ifundrpd No. Ordered Shipped Backorrdder _... 50 50 0 318x3 LDT tamact 0136005 97.3000* 48.65 N Received By Comments Contact: Doug Doug If you re -package or re -sell this product you ere required to maintain integrity of Country of Origin to the consumor of this product. Reasonable collection and attorneys fees will be assessed to all accountsnlaced for collection o materials accepted r ratu n wit out our permisSron. X indicator part is a hazardous material indicates part was sold at a promotion& or special discount prloa Tax Exemption No Excrnption AR Subtotal 48.65 Shipping & Handling 0.00 State Tax 2.92 County Tax 0.61 City Tax 0.97 TOTAL USD 13.15 An invoice will be marled in approximately five nays. All discrepancies must be reported within 10 days. Thank You I rORM - 1x13 r iftS1ENAL Cust. NO, ARFAYDS34 Cust. P.O. 4701 Job No. f Ii'OCONSTRUC1,ION 10024 N CAMP1 ELT, RI) FAYETFEVI(1,F.L AR 72701.9015 479973 5109: 479.571.3672(Fax) Fastenal Company P.O Box 1286 WINONA, MN 55987-1286 The store serving you is 639 W 6th Street Suite 2&3 • Packing Slip Reference Date Page No. 3114112 ARFAY60830 1 DUE DATE: 04113/2012 FAYI?'fl13VILLE. AR 72701 Phone d;(479)442-2RG0 Fa ,x is (479)442-2561 T'CON5'1'RUCT1ON 10024 N CAMPBELL R1? FAYETTFVILLF. AR 72701-9015 This Order and Document are subject to the "Terms of Purchase" posted on www.fastenal.com. Line Quantity Quantity 1 Quantity pescnption control I Pnce I Amount No. Ordered Shipped Backorder No, Pert No. Hundred 1 25 25 Received By Comments Contact: moires andradc irynu re -package or re -soil this intogrify of Country of Origin to Reasonable collection an e8ssessed to all accQunts I NO rnatenals accepted (or retuf X indicates part is a hazardous 'Indicates part was sold at a pr 0 31RXI 314 U)T you am required to maintain imer of this product. evs fees Wit be or special discount price rnmsct 0136072 Tax Exemption No Exemption AR 63.8200 15.96 N Subtotal 15.96 Shipping & Handling 0.00 State Tax 0.96 County Tax 0.20 City Tax 0.32 TOTAL USD 17.44 An Invoice will be nailed In approximately five days. All dlscmpancies roust be reported within 10 days. Thank You! .0 FORM -1113 02/21/2011 22:56 47944488 PAGE 02/14 61/8/2012 15:12 4794426 ��,,� ,,i i-6. GZARKC STEEL. COO PAGE 01/01 OZARK STEEL COMPANY Sri- .., 1" P.O. Box 1167 1700 SO. SCHOOL AVE. ,r •-� �.. FAYETrEVILLE. AR 72702/1 - R 4 AT r- pV i V�+►7, �JU. 3�A� .Tj:j 4::.I @2/21/2011 22:56 4794448830 _ PAGE @3/14 J INC itVE 2143 )a PE 72104 .qty`?' Pte. D1 t b 4 43.5 0GM ScME F. ,q '. f,XEGg9 - nG LI 0 tVMr 1' r "�, Y 4. $0 0 Mc RA E, may! yy�y`—� a��.��f l�i ea" XND L. ? r■.ai 1WS1 1'i� icy/ wf� ,-r.::.rw{..5r �jIG +�9 e AP��yy '�y�Yll:. A5Cr, 1.. i -Jw7'fsS0 ` +� J.: '7 :thXf •,�` Tht 02/21/2011 22:56 479444883@ 1 •] eeceBpokeps,.nc• I 207 W. Apple Blossom Lowell, Arkansas 71745 Sold to: • '•t ¢t-•• • iMfl PAGE 04/14 479-750-9911 479-750-7295 FAX 1-866-750-9911 WATS. fencebrokers.com Ship to: _* 1ri 26770 IL PURCHASEORLW r. •:. FABRIC' — " 'ti • VIA ■ • i DATE SHIPPED TERMS • fL 4 5 B x qa__ = � (Z, fL 4 5 6 x ga __ __ __ ft. 4 5 6 x ge • TUBING ft x tt x ft x POST 1.8/B x 2-1/2 x BANDS TB B TB BB 'TB BR TOTAL STATE TAX COUNTY TAX CITY TAX SPECIAL HANDLING $ 1D- Recehrad By'� TB BR TB TENSION BAR ' 4 $ 6 4 5 6 02/21/2011 22:56 47644481# Fence Bpokeps, I 207W. Apple Blossom Lowell, Arkansas 71745 OB# PU !•LASE FABRIC ft 4 5$ x 9a ft 4 56 x ga ft. 4 5 6 x go TUBING it x ft ft x • POST 1-5/8 x 21/2 x Ship to: PAGE 05/14 479-750.9911 479-750-7295 FAX 1-866-750-9911 WATS fencebrokers.com 26790 DATE SHIPPED TERMS BANDS _ Fl TB 88 TB SB TB TOTAL TB SB STATE TAX TB BB COUNTY TAX CITY TAX TENSION BAR SPECIAL HANDLING 4 5 6 4 5 6 Received 8y 02/21/2011 22:56 4794448, . PAGE 06/14 479-750-9911 Inc.479-750-T295 FAX Bpokeps,n_ 1 WAYS ����1 866-7sassl 207 W. Apple Blossom fencebrokers.com Lowell, Arkansas 71745 26726 SOId to: ; -- •Ship to: • OB# PURCHASE ,� }. N SHIP VIA DATE SHIPPED TERMS fye . A_ /1 IY /� , .fig^�y 4••, w�•. 0O L -- PABRIC It. 4 56 x pa fl. 4 58 x ga ft. 4 56 x 9a TUBING ft. x ft. x ft x POST 1-518 'x 2-1/2 x BANDS TB BB. TB BB TI3 BB TB SB TB BB L t- TENSION BAR 4 5 B 4 6 6 4 5 6 • STATE TAX COUNTY TAX CITY TAX SPECIAL HANDLING_(qr;O Rec& d @2/21/2011 22:56 4794448, • PAGE 07/14 479-750-9911 479-750-7295 FAX Fence Bpokeps,'nc. '� -866-7509917 HIATS 2071 Apple Blossom fencebrokers.com Lowell, Arkansas 71745 26737 Solo= r... .mac �• DEL. I ORDER � ITEM UMIT AMQIJ T I ��■�� DEL. I ORDER ITEM _ I UNi. AMO!JI"T M■ �M■_w �'W1� ti _.�II■� ________________________ -- -.1 ��■�� Mme■ 0� �� L� fir■ AU fir■ M� = III -�■ ■■■■ == ■�r�■■�� � ■■■ ■■IVY 2 IMP =qV - !iii. : -aii- _iii Mr Ship to: 02/21/2011 22:56 4794448, ml Fence Brokers, inc. • I 1 207 W Apple Blossom Lowell,. Arkansas 71745 Sok! ₹ is x� l+�. Ship to �.�n, yy��. f ��„ ins: ; �, E. -'s .. • . ,l 9111' ` ": .. • 't, • PAGE 08/14 479.750-9911 479-750-7295- FAX 1-866-750=9911 WATS fencebrokers.com e 26679 r .+K�1pB# Pups— A9E' "'` ""' ' DATE SHWED PERMS ft. 4 6 6 x ga= ® (_Q ft. 4 5 6 x ga ft. 4 56 x ga TUBING ft. x ft x ft x POST' 1-55/8 x 21f2 x BANDS T8 BB TB 88 TB 88 TOTAL STATE TAX COUNTY TAX_- ft -f) CITY TAX SPECIAL HANDLING Received B �� _, TB 88 TB BB TENSION BAR 4 5 6 4 5 0 4 5 B 02/21/2011 22:56 47944488 PAGE @9/14 Stephens Pipe & Steel, LL INVOl # :11-117165 Pg 1 Ot 1 Billing Date :O2/27/12 1086'1 Mliler Rd Customer Acct: 30310 Dallas TX, 76238 Payment Terms :NET -30 (214)348-2400 Fax: (214) 348-2401 # Sales Fax: (978) 367-8433 Customer PO : Sales Person :C.ROBERTSON Remit Payment to: Source S}?SDoc:11058362 Stephens Pipe & Steel, LLC Work Order # :70108 P.O. Box 618 Visit us on the weh.:. Shipped Via : OT Russell Springs, KY 42642 www.spsfence.com Contact Name : TOM TENBROOK Cust Mobile :4792834969 Fax number :8669240267 Sold To:FENCECO INC Ship To: FENCECO INC • 9815 DISBY DRIVE (479) 267-4074 ' GENTRY, AR 72734 2143 NORTH RUPPLE ROAD FAYETTEVILLE, AR 72704 Ordered Shipped .BackOrder Unit Product item Description Price Amount • Per •Steve ' Walker Park Job ** ** 336 . 336 Oft GALV 1-3/8" x 21' x Sch401: x 16pc 1.1623 390.53 .25 25 0ea TENSION BAR 84"x3/4" 2..5095 62.74 70 70 0ea BRACE BAND 1-3/bin 0.3107 21.75 200 200 0 ea AL FLAIL END 1-3/8in 0.4442 68.84- 30 30 0 ea PS DOME CAP 3in 1.2242 36.73 100 100 0ea BOLT/NUT 3/8x3in 0.1629 16.29 50U 500 0ea ALUM TIE 9gax8-1/4in 0.0525 26.25 70 70 Oset BLVR CLAMP 3x1-5/8in 1.4333 100.33 42 42 Oset T -CLAMP PS 1-5/Bx1-5/8in 0.6947 29.18 36 36 0set T -CLAMP PS 3x1-5/8in 1.0439 37.58 810.22 • 9-.25% Tax 74.95 -Total *Order -^~885 17 CE IVED BY Review all Items. Any discrepancies must be noted on original delivery document. LSS:8O3 - Buyer agrees to pay all applicable taxes. Invoices not paid within terms will be charged a 1.5% monthly service charge. PRICES SUBJECT TO CHANGE WITHOUT NOTICE! Returns sub'sat to 15-50% RESTOCK FEE. P/D:02/27 UZI Zlf Znl1 ZZ: Ob 4 f�444tit Stgphens Pipe & Steel, LLd 10851 Miller Rd - Dallas TX, 75238 (214) 348-2400 Fax: (214) 348-2401 Sales Fax:,(978) 367-8433 Remft Payment to: Stephens Pipe & Steel, LLC P.O. Box 618 Russell Springs, KY 42642 Sold To•FENCECO INC 9815 DISBY DRIVE GENTRY, AR 72734 Visit us on the web' www.spsfence.com watt INVOIC :11-116917. P, Billing Date :02/17/12' Customer Acct:3O310 Payment Terms:NET-30 Customer PO #: Sales Person !C.ROBERTSON Source S.PSDoc:11057484 Work Order 4 :67521 Shipped Via :OT Contact Name :TOM TENSROOK Cust Mobile :4792834969 k"ax number :866924O267 Ship To: FENCECO INC (479) 267-4074. 2143 NORTH RUPPLE. ROAD FAYETTEVILLE, AR -72704 is/l4 Ondarad ShIpped Backorder Unit Product (tern Description Price Amount — -- — Per Steve __... ,.. ** 525 525 0 ft GALV 1-5/8" x 21' x SCh40F x 25pc 1.3713 719.93 30 30 Oset BLVR CLAMP 3x1 -5/81n 1.4333 43.00 100 100 0ea BRACE BAND Sin . I pkg 0.4069 40.69 50 50 0ea PS RAIL END COMBO 1-5/.8 0.7083 35.42 24 24 0ea MALE HINGE PS 3mn 1.1394 27.35 24 24 0ea FEMALE HINGE PS 1-5/8in. 0.5275 12.66 1,2 12 0 ea IND LATCH 1-5/8x3in MAL 6.1425 73.71 952.16 9.25% Tax 88.13 Fuel Charge 15.00 Total Order 1,055.89 ECEIVED BY: eview all Items. Any disCre�ancies must be noted on original delivery document. uyer agrees to pay all applicable taxes. LBS:1323 nvoices not paid within terms will be charged a 1.5-% monthly service charge. RICES SUBJECT TO CHANGE WITHOUT NOTICE! l turn sub4act to 15-50% RESTOCK FEE. P/D:02/1 92/21/2011 22:56 4794448, Inc.- I P •1Fonce d 207 W. Apple Blossom Bpokeps Lowell, Arkansas 71745 SoIdt itctc lat. �t 41x. P FABRIC ft 4 5 6 x ga ft.4 56 x ga ft. 4 58 x ga TUBING ft x ft x ft. x POST 1-5/8 x 2-112 x BANDS TB GB TB BB TB BB TB BB TB BB TENSION BAR 4 5 6 4 5 B 4 5 6 ship to: PAGE 11/14 479-750-9911 479-750-7295 FAX 1-866-750-9911 WATS fencebrokers.com 26837 DATE SHIPPED T€RN STATE TAX COUNTY TAX CITY TAX SPECIAL HANDLING ived ReceBy' 02/21/2011. 22:56 4794448 PAGE 12/14 b 479-760-9911 Feoce Brokers, Inc.J • 479-750-7295 FAX 1-666-750-99111NATS 207 W. Apple Blossom fencebrokers.com Lowell, Arkansas 71745 26800 Solo to; '4 iP e :r ` ' Ship to; •4 ;`%r-�'ix.'-3o-\ • JOB PURCHASF ` �.:v FABRIC AN • $ VIA____ _k) •• DATE SHIPPED TERMS fl. 456 5 6 x ga ft 4 5 6 x ga f14 66 x ga TUBING ft. x ft. x ft_ x POST 1.5/8 x 2-112 x • BANDS TB B9 Ts aB TB Bs TOTAL STATE TAX COUNTY TAX-- . . CITY TAX SPECIAL HANDLING $ Revolved BY TB BB TB BB TENSION BAR 4 6 B 4 5 6 4 5 6 02/21/2011 22:56 47944486 PAGE 13/14 479-750-9911 ' 4T�750-7295 FAX FenceBpokeps,10c, 1-856-750-9911 WATS ® 207 W. Apple Blossom fencebrokers.com 'Lowell, Arkansas 71745 26967 Sold to r :'* a' ` ' Ship to*615 O*UT a ,A3 flr4 ' DEL. I ORDER -- �l ITEM UNIT I AMOUNT i�■ice r 1 DEL. 1.OFiDER 1 ITEM UNIT AMOUNT M M__■ ___ ■■■■�■■ psi _ -- U U --- _______________U___ -.-___U MM■■■■■ ■■r■ ___ � ■■■■■■■■■ ��=�© ----■■ = NE� fir■ rf rl = di 7 .'iu N MM■ ��■�� Mme■ rr ■ • - _ ..� 1te moo■ 02/21/2011 1.1 22:56 4794448 ]',Fence BpokepsInc. 207 W. Apple Blossom Lowell, Arkansas 71745 0B :D L1 RC R�5. FABRIC AN • ___ ___ SHIP VIA \ \ \ DATE SHIPPED 3c -L- TERMS ___ ___ ft. 4 5 6z g0- (P � L ft 4 56 x ga ___ __ — _________ __ ft 45 6 x ga (4J rS2 iii 2 TUBING h. x k x ft. POST 1 -am x 2-112 x BANDS TB BB 'TB BB TB BB TOTAL STATE TAX COUNTY TAX CITY TAX SPECIAL HANDLING $ Reoetved Bye./$ TB BB TB BB TENSION BAR . . 5 6 4 5 6 S $ ---4 Ship to: PAGE 14/14 479.750-9911 479-750-7295 FAX 1-866-750-9911 WATS fencebrokers.com 26931 roving Home improvement LOWE'S HOME CENTERS, INC. SFA 1806 3231 W. MARTIN LUTHER KING FAYET'TEVILLE AR 72704 Please check the merchandise you are purchasing to ensure all items are received as Lowe's cannot be responsible for shortages after you leave Lowe's warehouse. Your signature acknowledges Lowe's delivery and your receipt the date set forth below of all items of merchandise, except those items noted as being for later delivery [ e.g., LD=Lowe's Delivery; PL —Pick-up Later SOS=Special Order Sale; or WI! Warehouse or back of store pick-up]. Not signing acknowledgement of receipt, however. does not mean that such merchandise was not delivered. All claims and return merchandise MUST be accompanied by this Invoice and made within 30 days of delivery for credit or refund. This document may also evidence a return of merchandise described below if "Return" is printed with reference to an item. In such instance you will be given credit or cash as described and your signature represents your acknowledgment of the accuracy of the terms and conditions of the return, SEE BELOW FOR [1] PAYMENT TERMS AND CONDITIONS FOR CERTAIN PURCHASES AND [2) WARRANTY INFORMATION AND AGREEMENTS. DO NOT SIGN THIS INVOICE UNTIL COMPLETE AND YOU HAVE RECEIVED AND ACCEPTED THE MERCHANDISE CURRENTLY BEING DELIVERED TO YOU AND YOU HAVE READ THIS DOCUMENT. YOUR SIGNATURE CONSTITUTES YOUR AGREEMENT WITH APPLICABLE PROVISIONS LISTED BELOW. YOU ARE ENTITLED TO A COPY OF THE INVOICE, PURCHASER SIGNATURE TRANSACTION CUSTOMER DATE PAGE INVOICE NUMBER R SALE LCC 02/08/12 1 4421 1*13 roa>r>sa Loan QTY/UNIT ITEM DESCRIPTION UNIT PRICE EXT. PRICE **** **** ******* ******* CO CO Y OF Y OF ORIGINAL RECEIPT: FOR CUSTOMER USE ORIGINAL RECEIPT: FOR CUSTOMER USE ONLY *********** ONLY *********** CW 100 EA 63449 GALV ROUND WASHER 1/2" * MODEL NUMBER: 811073 0.21 21.00 CW 100 EA 63442 GALV LAG BOLT 1/2 X 3 * MODEL NUMBER: 812092 0.88 88.00 SUBTOTAL 109.00 TAX 10.08 PUR.CUASE ORDER REP. NO. OTEA Coos BALES pestsos TOTAL 119.08 02/08/12 CUS 09:30:49 LCC 119.08 SALES #: 001247046 CC41:XXXXXXXXXXXX7337 PAYMENT TERMS AND CONDITIONS: The following terms and conditions apply to [1 ] Business Charge Account purchases [but without limiting or negating the complete terms and conditions of such Business Charge Account] and [2 purchases not paid for in full at time of purchase, and 131 any' purchase involvtttg a purchase order or other document [unless the tams and conditions of such have been expressly approved in writing by Lowe's]. Any opened or credit card account available from or through Lewes ( including Lowe s Revolving Credit Agreement and Lowe's Business Revolving Credit Account Agreement) is not subject to these payment terms and conditions, but is sut cct to th 5-011f,"' H ON THE BALANCE AS OF THE 25TH DATE OF THE PREVIOUS MONTH [ less payment and credits to said balance I UNTIL PAYMENT IN FULL IS MADE. DIFFERENT SERVICE CIIA ROE 1S A PPLICABLE it PURCHASES tN THE FOLLOWING STATES; AR AND TX - .833% monthly, t0% annually; MD. I% monthly, 12% annually; PA - 1.25% monthly, 15% annually. MS - 1.75% monthly, 21% atmualty; IL - I.8%monthly, 21.6: annually- DE - 2% monthly, 24% annually. W MIT1zD WARRANTY:This consumer product warranty is applicable to products used for personal, family or household purposes. It is not applicable to commercial transactions or products purchased for purposes of resale. Lowe's will repair or replace defective products, where necessary, for ninety [ 90 ] days from purchase. ALL EXPRESS AND IMPLIED RR WARRANTIES INCLUDING EXPRESS WARRANTIES OFFITNESSFOR PARTICULAR PURPOSE AND IMPLIED WARRANTY OF MERCHANTABILITY ARE LIMITED FOR THE SAME 90 DAY PERIOD. Some states do not allow limitation on how long an implied warranty lasts so such limitation may not apply That shall be no remedy other than repair or replacement of the product. INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS. SALES, LABOR. INJURY TO PERSON OR PROPERTY OR OTHER INCIDENTA OR CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM THE WARRANTY. Some states do not allow exclusion or limitation of incidental or consequential damages no such excusioe may not apply. This warranty gives y'bu specSc legal rights and you may have other rights which vary from snare to state. In event ofdefect or for further information regarding warranty performance, please contact your local Lowe's Store Manage or Lowes Companies, Inc., Customer Relations, Box It I1, North Wilkesboro, NC 28656, Telephone [336] 658.4000. WARRANTY FOR COMMERCIAL PURPOSES: This constitutes the agreement between Purchaser named on the face hereof and Lowe's [ also referred to as Seller ]. The Following previsions apply notwithstanding Purchaser's not sigoin of the face hereof if Purchaser accepts delivery of merchandise. I. Purchaser agrees that it's sole and occlusive remedy against Seller shall be for repair Sr replacement of any defective merchandise as provided herein. Purchaser agrees that no other remedy, including but not limited to incidental of conseguentiel damages for lost proCts, salts, labor, injury to person or property or any other incidental or coasequrnliat Ions, shall be available to Purchases. This warranty shall be IN LIEU OF any other warranty, expressed or implied including but not limited to ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FEYNESS FOR PARTICULAR PURPOSE. 2. In event of dispute, if Purchases either properly and lawfully rejects merchandise which does not conform to agreement or properly' and lawfully revokes acceptance of such merchandise, Seller shall have a reasonable time alter notification by Purchases of any prnblenu or defects m substitute conforming merchandise tithes by reptaecmrnt of such non-eonforming merchandise with conforming merchandise or by effecting revere or err ustrnent to the original merchandise. Merchandise to he reranrd must be accompanied by the original invoice or proof of purchaseby the original Purchase for refired or replamoent. This shall include the repair or replacement of any necessary essential parts to the event non cattCorming merchandise cannot be made rnnforming or conforming merchandise cannot be furnished in substitution thereof, the nonebnforming merchandise may be returned by the Purchaser to Seller at point of sale by Sell to Purchaser. THE LIABILITY OF SELLER IN THIS EVENT IS LIMITED TO ACCEPTANCE OF RETURNED NON -CONFORMING MERCHADISE AND REFUND OF PURCHASE PRICE OR BY CREDIT OF THE PURCHASE PRICE TO PURCHASERS BUSINESS CHARGE ACCOUNT OR BALANCE OWING TO SELLER, PLUS A PROPORTIONATE AMOUNT OF ANY FINANCE CHARGES INCURRED. 3. Ever when Purchaser has the right to return non -conforming merchandise, this right is contingent upon notice to Shca, at least tea [l0] days prior to date of proposed rmrn. This to alert Sella of the time and place of the proposed rcbm along with a description of what merchandise is in fact to be returned. It is expressly agreed that Seller may decline to permit ram's of non-coaformng merchandise and direct other disposition of themechanttrse by Purchaser at Settees expense. 4. -'tar's liability for mon.confotntiag merchandise shall be limited other to conforming or replacing defective or non -conforming merchandise with conforming merchandise at Seller's ejection. Sellers obligation to conform or replace r 'brining merchandise shall terminate ninety [90] days after purchasces receipt of lhn merchandise, .rove remedies are expressly agreed to be the sole and exclusive remedies available to Purchaser. This to protect Purchases with respect to the merchandise listed on the fact hereof and not to promo or indemnify' Pinrhsser in any wx, ., ith respect to the value or mulct price of the merchandise or with respect to the intended use or consequences of any furnishing or intent to furnish to third persons by Purchaser in the conduct and course of Purchasers busiams. 6. Any action byPurchaser instituted against Seller for any' breach of this agreement must be commenced within one year from the aecurual of cause of action. The terms and conditions of this agreement shall be governed by the laws of North Carolina, 7. This "WARRANTY FOR COMMERCIAL PURPOSES" contains the totality' of rho agreement between the parties and is intended as the final expression of the agreement with respect to matter regulated thereby. THIS AGREEMEN' IS ISINDINO UPON THE SUCCESSORS AND ASSIGNS OF THE PARTIES.THERE MAY RE NO MODIFICATION OR RESCISSION OF THIS AGREEMENT EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE PARTIES S. PURCHASER AGREES TO INDEMNIFY LOWE'S OF AND FROM ANY AND ALL DAMAGE WHICH MAY OCCUR, WHETHER A RESULT OF LOWE'S NEGLIGENCE OR NOT. TO THE LAND OR IMPROVEMENTS LOCATED AT THIi PLACE OF DELIVERY. 9, Lowe's is a supplier of merchandise only. Loan c's does not cnga$c in the practice of ea meting, architecture or general contracting. Lowe's does not assume any responsibility for design, engineering or construction; for the selection or choice of materials Cote general or specific use: for quantities yr sizing of materials; for the use or installation of materials or for compliance with any building code or standard of workmanship. CONSUMER AWARENESS PROGRAM: Lowe's has established a voluntary Consumer Awareness Program for its customer. The federal government has determined that some products sold by retailers may have chemical additives that could be harmful to your health, These manufacturers should supply Loves with information couccraing the cherricets is the products, the safe use of said products, and medical treatment information. Information as to these products may be obtained from your local Loaves Store Manager. II I • LO W E'5e WI°VIMG [DUE'S NONE CENTERS, INC. 3231 U. NARTIN LUTHER KING FAYETTEVILLE, All 72704 (479) 387-3007 - SALE - SRLESI: S1806PEI 1557537 TRANS: 14650519 02-07-12 56928 NAIL JOIST HANGER GAL/ 5L 51.21 17.97 DISCOUNT EACH -0.90 30 17.07 43564 HIT 210E13 2 X .113" RS 75.92 19.98 DISCOUNT EACH -1.00 40 18.98 SUBTOTAL: . 127.13 TAX: 11.76 INVOICE 14340 TOTAL: 138.89 LCC: 138.89 TOTAL DISCOUNT: 6.70 LCC:XXXXXXXXXXXX7337 ANOUNT:138.89 AUTHCD:000909 SUIPED REFID:303909.613 02/07/12 18:22:08 LOA/P0: TALKER PAR STORE: 1606 TERNIIIAL: 14 02/07/12 16:22:39 # OF_ITEMS PURCHASED: 7 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS THANK YOU FOR SHOPPING LODE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: STEPHANIE N HALSTED VE HAVE THE LOUEST PRICES, GUARANTEED! IF YOU FIND A LCYER PRICE, VE VILL BEAT IT BY 10X. SEE STORE FOR DETAILS. d W 14 OO a � x c u U Y x H U U Cl) a U 0 O Y 0 z w 4 Q 0 A G U N A. 0 z 0 z N n U + i A U, a U • ai O a z 2m U) Cmorn am z F if)QLfl�O N to to N a: w ii:rw1 • E 0 zo UAD H U)0 co �i. O FL Q Fztn FE - lm O O Y] N N H z 0 z Cr) N + + fL U x w* U a Cl w Cl a w L) wH 20 0,10.. t + m + 3 A,, N v) N a � w Gr. W Cl 0 Cl x U, Ridout Lumber Fayette. e • ELIVERYAVAILABLE 215 N. Gregg St. lodout FREE ESTIMATES Fayetteville, AR 72703 479-587-8900 Lumber Company Iij� r WSA www.ridoutiumber.com SOLD TO PICK -IT CONSTRUCTION CO. 10024 N CRMPBELL RD FAYETTE V 1 LLE, AR 72701 SUB: 4701 SHIP TO PICK —IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FRYETTEVILLE, RR 72701 Shipment #: I 1412517 14a120671 2%/10TH N/11TH 1773266 01/04/12 AL 175452 01/04/12 • . *** * ** *# ****.1******** SHIPPING INSTRUCTIONS (Fayett ville) tl Gre g, 14@S, tl Cato Springs Road (exit 60), tr 15t1 St, cross School (Hwy 71 job s Walk r Pai k on left, check for dump site ****•*** *****•* •****** **** **********************************e******** treat sr ** ** DUGOUT COVER --12 IN CONTRACT 72 0 7 EA 4XBX 12 PT 26.440 1903.68* 14a1 . PO # 14a120iaVEND # HIX Qty .: .72 Expected.: 01/09/12 228 0 22 ER 2XGX8 PT : 3.100 706.80* 14a1 .., PO 0 14a120671 VEND # HIX Oty : 228 Expected : 01/09/12 48 0 4 EA 2X6X 12 PT 4.700 2225.-60* 114a1 .. • PO ,# 14a;12 7VEND # HIX Qty : 48.Expect,ed- : 01/09/12 16 0 ii EA 2X6X 14 PT .5.550 88.80* 14a1 PO # 14a120671 VEND # HIX Qty 16 Expected 01/09/12 96 0 9 EA 2X6X16 PT 6.300 604.80* 14a1 PO #4 14a120671 VEND #'HIX Qty : 96 Expected : @1/09/12 Warehouse : Ridout Lumber Fayetteville(14) - FlLLEfl BY OHK BY DRIVER 0 / 1 January 4, 2012 15:57:40 OTe AL MERCHANDISE 3529.68 SHIP VIA OTHER 4/ # INVOICE * TAX aEx *sc *********** 9.a59_---- _ 326.50 X 14 PAGE 1 OF I Nathan OgdenRECEIVEDBY FUEL SURCHARGE 0. 0@ "RETURN POLICY" TOTAL 3856, l lj 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. RETURNS ON SPECIAL ORDER MERCHANDISE. . ! Ridout Lumber Fayette 2195 N. Gregg St. i'ayettevi I le, AR 7270 479 -5S7-8900 SOLD TO ' 5 til TN CO. FAYETTEVILLE, AR 72701 SUB: 401 • • DELIVERY AVAILABLE I(idout • FREE ESTIMATES Lumber Company kldonr �� IWSA www.ridoutlumber.com SHIP TO II C�. 15 HNBaTRUCTIOIW CO. WALKER PARK FAVETTEVILLE, AR 72701 Shipment #: I • •. s•. .-. -.. . . .- 1412517, doug 2%f 10TH N/11TH 1773325 01/05/12 f AL 175456 01/05/12 .•. r :. ***** * ****** * SHIPPING INSTRUCTIONS ********** ***** * * **** (Fayett ville) tl Greg, S 40S, ti Cato Springs Road (exit 60), tr 15t1 St, cross- chool (Hwy 71 , job s Walk Ir Pak on left, check. for dump site ******* 260 ****** 0 *********•** 264 EA ******4t********• ************* •************* 1/2". RE13AR . X 201 *********** 5.900 ****#***** 1534.00* 12R Warehouse : Ridout Lumber.Fayetteville(14) O • •-,rJ it FILLED BY O*M BY DANER - 0 / 1 January 5, 2012 11:00.44 OT:L AL MERCHANDISE 1534.130 �/ ***********9F*** SHIP VIA OTHER 0.00 f� Jj * INVOICE * TAX *************** 9.250 141.90 x 14 PAGE i OF 1 Chad ii dre RECEIVED BY FUEL SURCHARG'="` "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. NO RETURNS ON SPECIAL ORDER MERCHANDISE. TOTAL 1675 90 • Ridout Lumber Fayett • 2195 N. Gregg St. • Fayetteville, AR 72703 1 479-587—BJ0�0 Lumber Company www.ridoutlumber.com SOLD TO S 4ItTd EMPIRETRRN CO. FAYETTEVILLE, AR 72701 SUB 4 kLIVERYAVAILABLE • FREE ESTIMATES 1'ii VISA SHIP TO Ii�C II5 RNRTRUCTION CO. WALKER PARK FAYETTEVILLE, AR 72701 I =12511 1 Return 2%/10TH N/11TH C 1775092 02/01/12 CWL 175622 02/01/12 .•. SHIPPING INSTRUCTIONS �F (Fayett ville) tl Gre g, I 40S, tl Cato Springs Road (exit 60), tr 15t1 St, cross (Hwy 71), job i.s Walk r Pai k on left, check for dump site 6choo1 ****** ****** ****** ***x ****#*****************#********#********#** ********************* -96 • 0 -9 EA 2X6 16' TREATED 6.300 -604.80* • 2616T -15 0 -1 EA 2X6 14' TREATED 5.550 -88.80* 2614T Warehouse Ridout Lumber Fayetteville(14) flLLi➢BY CHK 9 BY DRWER 0 / 1 February 1, 2012 10:4720 OT MEH MERCHANDISE -693.60 SHIP VIA OTHER * CREDIT MEMO # -64.16 14 PAGE 1 OF 1 C ii r CEIVED BY FUEL SURCHARGE 0, 00 "RETURN POLICY". 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL -757.76 NO RETURNS ON SPECIAL ORDER MERCHANDISE. Ridout Lubber Fayette '2125 N. Gregg St. Fayetteville, AR 7270 a479-587-8900 SOLD TO r. AELIVERY AVAILABLE 3 clout FREE ESTIMATES Lumber Company Tt;i t v= www.ridoutlumber.com 1I 024 IN EETN CO. FAYETTEVILLE, AR 72701 SUB: 4 SHIP TO JCW. I JS PNRTRUCTION CO. WALKER PARK FAYETTEVILLE, AR 72701 I 141251 1 doug 2%/10TH N/11TH 1775095 '02/01/12 Aj 175622d 02/01/12 •.•, . • * * ****** **# * SHIPPING INSTRUCTIONS ****** (Fayetteville) tl Gregg, I 405, tl Cato Springs Road (exit 60), tr 1St St, cross School (Hwy 71), job s Walk r Pa k on left, check for dump site ****** ****** x***** *** •********************************* -***' *** *********** ******** 16 0 1 EA 2X8 14' TREATED 6.1990 j 110.24* 2814T - • 96 0 9 EA 2X8 16' TREATED 8.670 832.32* 2816T Warehouse : Ridout Lumber Fayetteville(14)• fY 'may { r rho. . t6r' I . { fE{ February 1, 2012 10:5121 OTeAL FlLLEO BY Ci1K'UHY DRIVER MERCHANDISE 942.56 0 / 1 ** ***********#F SHIP VIA OTHER 0.00 * INVOICE T3.250x a 8,7:19 ************** X 14 PRGE 1 OF 1 Cd Ch T ldrehCE,VED BY FUELSURCHARGE 0.00 "RETURN POLICY" 15% RE -STOCKING FEE ON.RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 1029.75 NO.RET-URNS ON SPECIAL ORDER MERCHANDISE. . -'- Pidout Lumber Fayette e 21,5 N. Gregg St. 1 OI,1 ' Fayetteville, AR 72703 �� 479-597-8900 Lumber Company www.ridoutlumber.com SOLD TO PICK --IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4701 AELIVERY AVAILABLE • FREE ESTIMATES (Ridoutl VISA SHIP TO PICK —IT CONSTRUCTION CO. 1.0 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 pment #: 1 1412517 doug 2%/10TH N/11TH 177502/01/12 1 AL 17626 02/01/12 • r : • ** **** ***** # # SHIPPING INSTRUCTIONS **********4# # * ## (Fayett vile) ti Gregg, 140S, tl Cato Springs Road (exit 60), tr I5t St, crass drool (Hwy 71 , job s Walk r Pa k ,on left, check for dump site ******* ****** *e****4**** ******x************************************ **I********* #********** 1 0 EA 12'X100'4MIL CLEAR VISQUEEN 42.490 42.49* 121004 Warehouse Ridaut Lumber Fayetteville(14) FILLED aV CHKD BY DRIVER 1 0 / 1 February 1, 2012 15:16:53 OT:AL MERCHANDISE 42.49 -Th###**#iFiE******# SHIP VIA OTHER 0.00 *, f * INVOICE * TAX 9.250% 3.93 14 PAGE 1 OF I Chad ChIlcireRECEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 46. 42 NO RETURNS ON SPECIAL ORDER MERCHANDISE___ Radout Lumber Fayette e . • N. Gregg St. titFayetteville, AR 72703 i O 479-587-8900 Lumber Company www.ridoutlumber.com SOLD TO r r PICK -IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4701 • LIVERY AVAILABLE • FREE ESTIMATES kidout � i'iI SHIP TO PICK -IT CONSTRUCTION CD. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 Shipment #: 1 1412517 add-on 2%/10TH N/11TH 1775159 02/02/12 � AL 175629 02/02/12 .•. :. - #*#* SHIPPING INSTRUCTIONS ***+r* +##x*e'I (Fayett 'iIle) ti Greg, I 405, ti Cato Springs Road (exit 60), tr 15t1 St, cross -School (Hwy 71 , job •s Walk;r Pai k on left, check for dump site ******4F *##•l ** ****4U !F### *******************************************1 ***MfrlF•YriF**************** #*1F*iF#lfIhlFiFp• ##**HF#*** 2 0 EA 2X6 8' TREATED 3. 100 6.20* 2608T Warehouse : Ridout Lumber Fayetteville(14) O FILLED BY CF(K D BY PpNER 0 / 1 February 2, 2012 0709:18 OT: AL MERCHANDISE 6.20 #iFlF#F##*it 1FiE*il 1(#* SHIP VIA OTHER QI.'00 * INVOICE * TAX +t####*# 9.250% 0.57 X 14 PAGE 1. .OF 1 Nathan Ogden RECEIVED BY FUELSURCHARGE 0. ©0 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30'DAYS. NO RETURNS ON SPECIAL ORDER MERCHANDISE. TOTAL 6.77 o Ridout Lumber Fayette e N. Gregg St. • LIVERYAVAILABLE • 1 out• FREE ESTIMATES Fayetteville, AR 72703 479-597-B90' Lumber Company i'4 v' O www.ridoutiumber.com I s SOLD TO PICK --IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4 SHIP TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 I 14125171 jim 2%/10TH N/11TH 1775189 02/02/12 AL 175631' 02/02/12 ******* **** ##**** # * SHIPPINS INSTRUCTIONS * #*# * (Fayett Ville) tl Ore g, 1405, tl Cato Springs Road (exit 60), tr 15t1 St, cross chool (Hwy 71 , job e Walk r Pai k on left, check for dump site ******* #***** ****** **** *x*****x***#*************************#*#*****##***###* 2200 0 20 EA 2X6 10' TREATED •4.000 2610T O Warehouse : Ridout Lumber Fayetteville(14) February 2, 2012 10:01:27 OT: RJA FE.ED.Y MERCHANDISE 800.00 1 SHIP VIA OTHER 0.00 INV OICE INVOICE * 74.00 xy 14 PAGE 1 OF 1 C +fIi "K CEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL . 874.00 NO RETURNS ON SPECIAL ORDER MERCHANDISE. I Ridout Lumber Fayette N. Gregg St. Fayetteville, AR 7270 ci479--587-8900 SOLD TO p • LIVERY AVAILABLE 3 i o� • FREE ESTIMATES Lumber Company R�aout v www.ridoullumber.com PICK -IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEV ILLE, AR 72701. SUB: 4 SHIP TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 I 1412517 doug 2%/10TH N/11TH 17752521 02/3/12 AL 7 175637 02/03/12 •-. . • • ***** **# # * ** # * ******** SHIPPING INSTRUCTIONS *# ## ## *** # # * #*# (Fayett ville) ti Gre g, 14@S, tl'Cato Springs Read (exit 60), tr 15t St, cross School (Hwy 7i , job s Walk�r Pak an left, check for dump site ******* ****** *******#*** ******************************************* *********** *********- 70 0 7 EA GRLV HX LAGS 1 /2X3 50 0.600 42.00* Galvanized Lag Screws H8120`32 • Warehouse : Ridout Lumber Fayetteville(14) !I I3 . . i 1 I - f { February 3,• 2012 08:32:20 O1 PL HUED BY CFiK'P BY DRIVER MERCHANDISE 42.00 l **#**##***#rc*# SHIP VIA OTHER * INVOICE TA) 25$'% 3.89 **************4 Y 14 P GE 1 OF 1 FUEL SURCHARGE 000 CXA Childr h CEiVED BY "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 45' 89 NO RETURNS ON SPECIAL ORDER MERCHANDISE. :. R�.dout Lumber Fayette e195 N. Gregg St. 1 • • LIVERYAVAILABLE do�t • Fayettevil).e, AR 7.703 FREE ESTIMATES 479-587-8900 Lumber Company Iii vim. www.ridoutlumber.com SOLD TO PICK -IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4 SHIP TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 pment #: I 1412517 doug 2'%/10TH N/11TH 1775266 02/03/12 AL 175638 02/03/12 ****** ****** **** SHIPPING INSTRUCTIONS ****##*#* (Fayett ville) tl Gre g, 140S, tl Cato Springs Road (exit 60), tr 15t St, cross School (Hwy 71 , ,job s Walk r Pa k on left, check for dump site ** **** *****# *'x*** **** ******************************iF*#*IFiHF*IF**** #*#lI*iF*1F****?F'JEiF#iE***** 70 0 71 EA GALV.FLAT WSH C—PAK 1/2 50 0.190 i 13.30* Galvanized flat Washers I` H811073 Warehouse : Ridout Lumber Fayetteville(14) `s ti I } { I . I . • FILLED DY' QMK'D BY DAWER 0 / 1 February 3, 2012 09:26:35 OT:AL MERCHANDISE 13.30 1[ 1F 1[ it *if * * IF ** SHIP VIA OTHER 0.09 O**ii # INVOICE * TAX 9.250% 1.23 14 PAGE 1. OF 1 C" "d Ch l d I RCEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 14.53 NO RETURNS ON SPECIAL ORDER -MERCHANDISE. . „ • II• P.idout Luober Fayette i19 N. Gregg St. 1 Out • • LIVERY AVAILABLE Fayetteville, AR 72:703 • FREE ESTIMATES 479--567-854th Lumber Company 'kldout rV,S1 O www. ridoutiumber.com SOLD TO PICK -IT CONSTRUCTION CO. 1@024 W CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4701 TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 Shipment #: 1 1412517 ,jio call in 2%/10TH N/11TH i77530002/03/12 AL 175649 02/05/12 ORDERED :. ** ** *at *** * SHIPPING INSTRUCTIONS ** * * ** * * * * * (Fayett ville) tl Grei g, 1405, tl Cato Springs Road (exit 60), tr 15tF St, cross chool (Hwy 71 , job s Walk r Pa k on left, check for dump site ******* ****** ****** **** ***************** •**********************- * ********** 56 0 5 EA 19/32 4 PLY SHEATHING 13.000 728.00* Ridout Lumber Company does not recommend the use of 5/8" CD as Roof Decking. Warehouse Ridout Lumber Fayetteville(14) . I - 1LLEP BY c$KDV Dr 2 / 1 February 6, 2012 07:1135 OT:RJA MERCHANDISE 728.00 SHTPVIA OTHER 0.00 * INVOICE * TAX *************** 9.250% 67.34 X 14 PAGE 1 OF I Chad z r e RECEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY" - 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. . • NO RETURNS ON SPECIAL ORDER MERCHANDISE, . TOTAL 795.34 ' Rdout Lumber Fayette 2195 N. Gregg St. Fayettevi l le, AR 7270 ED479.587'—B9C�0 SOLD TO PICK -1T CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4701 e i LIVERYAVAIBLE O Ut • FREE ESTIMATES Lumber Company iaoutF%'1 I VISA] www.ridoutlumber.com SHIP TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 Shipment 4. 1 1412557 credit 2%/IOTH N/11TH 1775370 02/06/12 MACK 175649 02/06/12 •-• s•IIIJsI ie• .J* ;HILS • ** ***** ********** * SHIPPING INSTRUCTIONS ****x*** * *** **! * * (Fayett ville) tl Gregg, 140S, ti Cato Springs Road (exit 60), tr 15t1 St, cross chool (Hwy 71 , job is Walker Pai k on left, check for dump site ******* ****** •*****F **** ********, ***************** ***e************ ********** OE'********* -230 0 -231 EA 2X6 8' TREATED 3.@00 -690.@0* 26@8T Warehouse Ridout Lumber Fayetteville(14) FILED BY GMK'D BY DRWEA 0 / 1 February 6, 2012 07:26:53 OT:AL MERCHANDISE -690.00 *** * * # SHIP VIA OTHER 0.00 * CREDIT MEMO * TAX **********#**** 9.250% —63.83 X 14 PAGE I OF 1 Chad Ch i 1dreRECEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY!' 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. NO RETURNS ON SPECIAL ORDER MERCHANDISE. TOTAL -753.83 g7dout Luber Fayette e 2.195 N. Gregg St. Iidout Fayetteville, AR 72703 Q479-587--8900 Lumber Company www,ridoutlumber.com SOLD TO PICK --IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEV ILLE, AR 72701 SUB: 4 • fELIVERY AVAILABLE • FREE ESTIMATES I'4 VISA SHIP TO PICK -IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, PR 72701 I 14rja19157 2%/iOTH N/11TH 1775398 02/06/12 AL 175692 212/13/12 14125171 • • : • IIPJ • # * # ** * * SHIPPING INSTRUCTIONS **# * a:**********•±********** (Fayett ville) ti Ore g, 1405, tl Cato Springs Road (exit 60), tr 15t1 St, cross chool (Hwy 71 job s Walk r Pay k on left, check for dump site ******* , ****** ****** **** ************•****•.********** ****•********** ***-**•#***1****-•**** • 14rja19157 800 0 80 EA H4 HANGERS 0.460 I 368.00* 14rja PO is 14rja19157 VEND 0 AW Oty 800 Expecte 02/10/121 Warehouse :.Ridout Lumber Fayetteville(14) I!! FLLED BY C* K -D BY DRIVER 2 / 1 February 13, 2012 09 2559 OT RJA MERCHANDISE 368.00 • ***#iF*###*IF**** SHIPVIA OTHER 0.1210 * INVOICE * TAX 9.2501% 3404 14 PAGE 1 OF -1 Cd CIrldreCEjvED BY FUEL SURCHARGE 0, 0Q) "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 402.04 NO RETURNS ON SPECIAL ORDER MERCHANDISE. . •• p Ridout Lumber Payette '219a N. Gregg St. Fayetteville, AR 7270 EI479-587-B9C�r� SOLD TO r • LIVERY AVAILABLE s I*dout • FREE ESTIMATES Lumber Company [Thjjoaut vi www.ridoutlumber.com PICK -IT CONSTRUCTION 'CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4 SHIP TO PICk-IT CONSTRUCTION CO. 1@ W. 15TH ST .WRLKER PARK FAYETTEVILLE, AR 72701 Shipment #: 1 1412517 doug 2%/10TH N/11TH 1771820 02/10/12 AL 175696 02/14/12 .-. **** ** ;IF*** **** ****;*** SHIPPING INSTRUCTIONS ********** * * * ** * (Fayett ville) .ti Gre g, 1405, ti Cato Springs Road (exit 60), tr 15tI St, cross School (Hwy 71), job s Walk r Pak on left, check for dumpsite ******* ****** ****** **** ***************************************** ********** ********** 195 0 19 EA GALV HX NUTS USS i/2-13 50 0.190 37.05* Galvanized Hex Nuts HB10512 200 0 20 EA GRLV. FLAT WSH C—PAK 1/2 50 0.190 38.00* • Galvanized Flat Washers H811@73' • 30 0 3 EA GALV HX BOLTS 1/2X5 25 0.910 27.30* Galvanized Hex Bolts H611626 200 0 20 EA GALV HX LAGS 1/2X3 . 50 0.600 120.00* Galvanized Lag Screws H812092 'Y 36 0 3i EA 19/32 4 PLY SHEATHING 13.000 468.00* 5BCD Ridout Lumber Conpany does not •rrecomrnend the use of 5/B" CD as Roof Decking. 38 0 31 EA 2X6 10' TREATED 4.000 152.00* 2610T 1 0 EA 3"X. 121. RG HDG 21DDS 81.930 81.93* HD300944 Warehouse : Ridout Lumber Fayetteville(14) I ._. FlLLED BY CHKD BY ORIYER 1 / 1 February 14, 2012 0800:37 OT AL MERCHANDISE 924.28 *1!#rii *>; **ii *�FiriFiE SHIP VIA OTHER 0.00 * INVOICE * TAX 9.2509 85.50 X 14 PAGE I OF I Chad 1 re RECEIVED BY FUEL SURCHARGE 0.00 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. ' TOTAL 1008, 78 NO RETURNS ON SPECIAL ORDER MERCHANDISE. ';�P4dout Lumber Fayette L13 N. Gregg St. r • Fayetteville, AR 7270 479-•587-89Q!Qi SOLD TO PICK -IT CONSTRUCTION CO. 10024 N CAMPBELL RD FAYETTEVILLE, AR 72701 SUB: 4/1 r • •LIVERY AVAILABLE idout • FREE ESTIMATES Lumber Company Thdoutl A v www.riaouiiumuer.com 4 SHIPTO PICK —IT CONSTRUCTION CO. 10 W. 15TH ST WALKER PARK FAYETTEVILLE, AR 72701 i412511 N/11TH 776102/07/12 1 RL fl75721 02/16/12 •. . �ug21/10TH • .1I ±ii(SIII ******* ****# ****** **** *a:***#** SHIPPING INSTRUCTIONS # * *********#* ***x# # (Fayett ville) tl Gyre g, 140S, tl Cato Springs Road (exit 60), tr 15t1 St, cross chool (Hwy 71), job s Walk r Pak on left, check for dump site *#***** ***-** ****** **** ****************************************** *********-*I*********# 28 0 21 EA 4XBX14 TREATED 42.720. 1196.16* 14a119284 PO # 14a119284 VEND # HIX Cty :.28 Expected : 02/12/12 Warehouse z Ridout Lumber Fayettevill.e(14) i - FILLED BY CH1(9 BY DRNEA 1 / 1 February 16, 2012 15:59t17 OT:AL MERCHANDISE 1196.16 *******4****** SHIP VIA OTHER * INVOICE * TAX • ************** 9.250% 110.64 •14 PAGE 1 OF 1 Cl Mu 011 TVrREC IVED BY FUELSURCHARGE 0. 00 "RETURN POLICY" 15% RE -STOCKING FEE ON RETURNS PRIOR TO 30 DAYS. NO RETURNS AFTER 30 DAYS. TOTAL 1306.80 NO RETURNS ON SPECIAL ORDER MERCHANDISE. ' • TUNE CONCRETE COMPANY INC. P.O. BOX 1826 FAYETTEVILLE, AR 72702 479-442-8251 PICK -IT CONSTRUCTION INC. 10024 N. CAMPBELL RD. FAYETTEVILLE AR 72701 �I Ms INVOICE Customer No. Invoice Date Invoice Number Job Id PO # / Lot # Credit Terms 68886 1/14/2012 176445 Page 1 WALKER PARK 4701 Due 10th of month =Date ,-TieketAmounts- 10.00 CY 3500 PSI CONCRETE - 1" ROCK 01/114/12 109414 62.00 620.00 01/14/12 109414 10.00 YD AIR ENTRAINMENT 0.00 0.00 01/14/12 109414 10.00 YD Hot Water 5.00 50.00 * 01/14/12 109414 10.00 YD .1 1/2% CALCIUM 4.50 45.00 01/14/12 109414 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109418 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109418 10.00 YD AIR ENTRAINMENT 0.00 0.00 01/14/12 109418 10.00 YD Hot Water 5.00 50.00 01/14/12 109418 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109418 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109422 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 r '4/12 109422 10.00 YD AIR ENTRAINMENT 0.00 0.00 0_, i4/12 109422 10.00 YD Hot Water 5.00 50.00 01/14/12 109422 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109422 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109433 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 * 01/14/12 109433 10.00 YD AIR ENTRAINMENT 0.00 0.00 01/14/12 109433 10.00 YD Hot Water 5.00 50.00 01/14/12 109433 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109433 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109436 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109436 10.00 '{D AIR ENTRAINMENT 0.00 0.00 01/14/12 109436 10.00 YD Hot Water 5.00 50.00 01/14/12 109436 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109436 1.00 EA Energy Surcharge per Load 9.00 9.00 01/t4/12 109437 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109437 10.00 YD AIR ENTRAINMENT 0.00 0.00 * 01/14/12 109437 10.00 YD Hot Water 5.00 50.00 01J4/12 109437 10.00 YD 1 1/2% CALCIUM 4.50 45.00 CONTINUED RECEIVED OK'D COS3!ED� PAID CK# JOB#_£7701 y7M l I,, ,1 • TUNE CONCRETE COMPANY INC. P.O. BOX 1826 FAYETTEVILLE, AR 72702 479-442-8251 PICK -IT CONSTRUCTION INC. 10024 N. CAMPBELL RD. FAYETTEVILLE AR 72701 Customer No. Invoice Date Invoice Number Job Id PO # / Lot # Credit Terms INVOICE 68886 1/14/2012 176445 Page 2 WALKER PARK 4701 Due 10th of month Ticket ���tl,y t "Descri tioi���, " , Pric Amount 01/14/12 109437 1.00 EA Energy Surcharge per Load 9.00 9.00 * 01/14/12 109438 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109438 10.00 YD AIR ENTRAINMENT 0.00 0.00 01/14/12 109438 10.00 YD Hot Water 5.00 50.00 01/14/12 109438 10.00 YD 1 1/2% CALCIUM 4.50 45.00 * 01/14/12 109438 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109446 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109446 10.00 YD AIR ENTRAINMENT 0.00 0.00 01/14/12 109446 10.00 YD Hot Water 5.00 50.00 01/14/12 109446 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109446 1.00 EA Energy Surcharge per Load 9.00 9.00 CG., 14/12 109448 10.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109448 10.00 YD AIR ENTRAINMENT 0.00 0.00 * 01/14/12 109448 10.00 YD Hot Water 5.00 50.00 01/14/12 109448 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109448 1.00 EA Energy Surcharge per Load 9.00 9.00 01/14/12 109457 10.00 CY 3500PSI CONCRETE - 1" ROCK 62.00 620.00 01/14/12 109457 - 10.00 YD AIR ENTRAINMENT 0.00 0.00 * 01/14/12 109457 10.00 YD Hot Water 5.00 50.00 01/14/12 109457 10.00 YD 1 1/2% CALCIUM 4.50 45.00 01/14/12 109457 1.00 EA Energy Surcharge per Load 9.00 9.00 * 01/14/12 109464 9.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 558.00 * 01/14/12 109464 9.00 YD AIR ENTRAINMENT 0.00 0.00 * 01/14/12 109464 9.00 YD Hot Water 5.00 45.00 * 01/14/12 109464 9.00 YD 1 1/2% CALCIUM 4.50 40.50 * 01/14/12 109464 1.00 EA Energy Surcharge per Load 9.00 9.00 * 01/14/12 109466 1.00 CY 3500 PSI CONCRETE - 1" ROCK 62.00 62.00 * 01/14/12 109466 1.00 YD AIR ENTRAINMENT 0.00 0.00 *. CONTINUED TUNE CONCRETE COMPANY INC. P.O. BOX 1826 FAYETTEVILLE, AR 72702 479-442-8251 PICK -IT CONSTRUCTION INC. 10024 N. CAMPBELL RD. FAYETTEVILLE AR 72701 Customer No. Invoice Date Invoice Number Job Id PO # / Lot # Credit Terms INVOICE 68886 1/14/2012 176445 Page 3 WALKER PARK 4701 Due 10th of month �Dat' 01/14/12 IktS ty 1.00 YD De„ 5cri = I Hot Water Price 5.00 Amo nt 5.00 109466 01/14/12 109466 1.00 YD 1 1/2% CALCIUM 4.50 4.50 01/14/12 109466 1.00 EA Energy Surcharge per Load 9.00 9.00 TUNE CONCRETE COMPANY INC. P.O. BOX 1826 FAYETTEVILLE, AR 72702 479-442-8251 fl PICK -IT CONSTRUCTION INC. 10024 N. CAMPBELL RD. FAYETTEVILLE AR 72701 Customer No. Invoice Date Invoice Number Job Id Credit Terms � INVOICE 68886 2/23/2012 177474 Page 1 WALKER PARK Due 10th of month • ate 02/23/12 Tickets Qty Descriptio A 'w ` Price 60.00 Arrtou t 540.00 * 112208 9.00 CY 3000 PSI CONCRETE - 1" ROCK 02/23/12 112208 9.00 YD AIR ENTRAINMENT 0.00 0.00 * 02/23/12 112208 1.00 EA Energy Surcharge per Load 9.00 9.00 * 02/23/12 112208 9.00 YD 1/2% CALCIUM 1.50 13.50 * 02/23/12 112238 1.00 CY 3000 PSI CONCRETE - 1" ROCK 60.00 60.00 * 02/23/12 112238 1.00 YD AIR ENTRAINMENT 0.00 0.00 * 02/23/12 112238 1.00 EA Energy Surcharge per Load 9.00 9.00 * 02/23/12 112238 1.00 YD 1/2% CALCIUM 1.50 1.50 * O RECEIVED. t oIcDiiii D PAID CK# JOB'# ��