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HomeMy WebLinkAbout86-11 RESOLUTIONRESOLUTION NO. 86-11 A RESOLUTION AWARDING BID #11-38 AND AUTHORIZING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $67,739.00 FOR CONSTRUCTION OF RECREATIONAL SWINGS AT LAKE FAYETTEVILLE PARK, AND AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-38 and authorizes a contract with RJR Enterprises, Inc. in the amount of $67,739.00 for construction of recreational swings at Lake Fayetteville Park. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a ten percent (10%) project contingency. PASSED and APPROVED this 7th day of June, 2011. APPROVED: ATTEST: B AiLtAzAlitr. P 0 ! ELD JO Or, Mayor By: SOND E. SMITH, City C1er reasurer Carole Jones A-- SubmittetBy City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/7/2011 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department A resolution awarding Bid tt11-38 and approval of a contract with RJR Enterprises, Inc. in the amount of $67,739 with a 10% project contingency of $6,774 for a total project cost of $74,513 for the Construction of North Shore Swing Improvements. 74,513.00 Cost of this request 2250.9255.5806.00 , Account Number 02043.1001 $ 125,000.00 Lake Fayetteville North Playground Program Category / Project Name Category 1 Project Budget Lake Fayetteville Improvements Funds Used to Date Program 1 Project Category Name 125,000.00 Project Number Remaining Balance Budgeted Item ® Budget Adjustment Attached Parks Development Fund Name Dent Dirctor. ,o City Attorney Finance and Internal Services Director I7-te Lo-- t Date S-13.11 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: amfigoolosiserosqralraigema Received in City 05-20-11 P03:02 RCVE Clerk's Office Received in Mayor's Office ENTERED' Arao Comments: Revised January 15, 2009 ftvlle www.accessfayettevil[e.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff G,, Connie Edmonston, Parks and Recreation Director �' �-P' Alison Jumper, Park Planning Superintendent tVj From: Carole Jones, Park Planner Date: May 19, 2011 Subject: Bid #11-38, Construction of North Shore Swing Improvements Agenda Request for June 7, 2011 Meeting PROPOSAL: Lake Fayetteville Park, consisting of 590 acres, is a community park serving the entire city as well as the adjacent neighborhoods and communities. Approximately 3,300 homes within the city limits of Fayetteville are located in a one mile radius of the park ultimately serving an estimated 8,250 Fayetteville residents. The park is situated in the northeast quadrant of town east of College Avenue (U.S. Highway 71B), west of Crossover Road (Arkansas Highway 265) and north of Zion Road. The existing swing structure was custom built before 1982 and is not in compliance with current ADA, CPSC and ASTM guidelines. The project includes the demolition of the existing swing structure, construction of an ADA -accessible concrete pad with safety surface tiles, construction of an ADA - accessible sidewalk, and associated site work. The number of existing swings has recently been reduced in order to meet clearance requirements. This project includes installing four belt swings for ages 5 and up. Additionally, in an effort to accommodate numerous citizen requests, a toddler swing for ages 2-5 and one fully ADA accessible swing will also be installed. The project was approved as part of the 2010 CIP. The project was advertised on May 4 and 11, and bids were opened on May 18, 2011. Three vendors including RJR Enterprises, Inc., Sweetser Construction, Inc. and General Construction Solutions, Inc. submitted bids. RJR Enterprises, Inc. was the low bid in the amount of $67,739. (See attached bid tabulation sheet.) If approved, the construction of the project is anticipated to begin in July 2011 and be completed in fall 2011. RECOMMENDATION: A resolution awarding Bid #11-38 and approval of a contract with RJR Enterprises, Inc. in the amount of $67,739 with a 10% project contingency of $6,774 for a total project cost of $74,513 for the Construction of North Shore Swing Improvements. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: This project is funded with Parks Development funds ($125,000). Total project cost including a 10% project contingency is $74,513. Attachments: Bid Tabulation Sheet RJR Enterprises, Inc. Bid Submittal Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #11-38 AND AUTHORIZING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $67,739.00 FOR CONSTRUCTION OF RECREATIONAL SWINGS AT LAKE FAYETTEVILLE PARK, AND AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-38 and authorizes a contract with RJR Enterprises, Inc. in the amount of $67,739.00 for construction of recreational swings at Lake Fayetteville Park. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a ten percent (10%) project contingency. PASSED and APPROVED this 7`1 day of June, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SYNTH, City Clerk/Treasurer Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the 114±/ day of itU'L in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and RJR Enterprises, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the demolition, removal and disposal of the existing swing set and two benches and construction of new swings with ADA accessible surfacing, sidewalks and associated site work at Lake Fayetteville Park North Shore and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of North Shore Swing Improvements at Lake Fayetteville shall be substantially completed within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07. B & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 1 of 8 May 18, 2011 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 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page2of8 May18,2011 PAYMENT ITEMS RJR Enterprises, Inc. ITE DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL 1 Mobilization (not 10 exceed 5% of project bid) L.S. 1.00 $3,300.00 $5,300.00 2 Bonds and insurance L.S. 1.00 $3,225.27 $3,225.27 3 Demolition, removal and disposal of existing swing structure and two benches L.S. 1.00 5300.00 $300.00 4 Site preparation - including tree slump removal, tree protection fencing and protection of existing sidewalk L.S. 1.00 81,800.00 $1.800.00 5 Erosion control - including silt fence, construction entrance/exit and concrete waste management L.S. 1.00 $4,500.00 $4.500.00 6 Unclassified excavation C.Y. 160.00 $25.00 $4,000.00 7 Select fill {hillside} - complete in place per details C.Y. 110.00 $16.00 $1,760.00 8 Concrete sub -base for swing surface tiles (4 -inch thickness) - complete in place per details S.Y. 215.00 $45.00 $9,675.00 9 5 -inch O.D., 8 -fool height arch swings with four belt seats, one full -bucket toddler seat and one ADA accessible molded seat with yoke - complete in place per details and manufacturer's instructions L.S. 1.00 $6,983.76 $6,983.76 10 Surface tiles (approx. 185 SY} - complete in place per details L.S. 1.00 $25,320.00 825,320.00 11 Benches - complete in place per details F -A. 2,00 $600.00 $1,200.00 12 Five-foot wide fiber reinforced concrete sidewalk and two 8 -fool x 4 -foot bench slabs (flinch thickness} - complete in place per details S.Y. 35,00 $45.00 $1,575.00 13 Sile restoration - including 4 -inch depth topsoil, fescue sod and water AC. 0.05 $10,000.00 $500.00 14 Sile restoration - including 4 -inch depth topsoil, fescue seed, straw and water AC. 0.60 $6,000.00 $3,600.00 TOTAL CONTRACT AMOUNT $67,739.03 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, Tess the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 3 of 8 May 18, 2011 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.8 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 4 of 8 May 18, 2011 the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 5 of 8 May 18, 2011 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit 0). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addendum number 1, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through eight with each sheet bearing the following general title: Construction of North Shore Swing Improvements. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article,8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 6 of 8 May 18, 2011 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page7of8 May 18,2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on Date of The Agreement). CITY OF FAYEVILLE: B °Pk° 1 ayor [CORPORATE SEAL] ..01111lf!!1r►/►fr'''i U •-P FAYETTEViLLE : � • n c, y.RKANS40.2"ad., .. PpJ��� B , 2011 (which is the Effective CONTRACTOR [CORPORATE SEAL] Attestallivh.o,),NOL Attest * If a Corporation, attest by the Secretary. Address for giving notices Address for giving notices (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) City of Fayetteville Bid 11-38, Construction of North Shore Swing improvements Page 8 of 8 May 18, 2011 Tifjttcyille BID: 11-38 DATE: 05/18/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-38, Construction of North Shore Swing Improvements 1 General Construction Solutions, Inc. $88,937.00 2 RJR Enterprises, Inc. $67,739.03 3 Sweetser Construction, Inc. $78,796.00 `NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formai authorization by City officials. CERTIFIED: P. VICE, PORCH MGR -' WITN S • , aye eV1 ARKANSAS Project Check List Bid 11-38, Construction of North Shore Swing I Section 00 41 13 BID FORM Item Estimated Unit Description of item No. Quantity Unit Price Total Amount 1 1 Lump Sum Mobilization - (not to exceed 5% of Mal bid) ih ' 0"qay are e`i%t•Ct.c. 14Y4pCc . ar.e\D%toc. dollars amount written in words 2 1 Lump Sum Bonds and insurance :leVC-.e li11ewy ivo I.:44 dollars amount written in words Demolition, removal and disposal of existing swing 3 1 Lump Sian structure and two benches 1.VNoc•t -c tilYINtNr "C- c..w t1.44 (luta dollars antotmt written in words Site preparation- Including tree stump removal, tree protection fendng and protection o€esisting 4 1 Lump Sum sidewalk r t!t *r \v,t>i,ra o„a\t ' fkre-cs, cct d w4' %n — dollars amount written in words Erosion control - including silt fence, construction 5 1 Lump Sum entrance/exit and concrete waste management t��/ treat �l•<OJ` i ��ti!! ' swkc c4r.\ 11,00 dollars amount written in words 6 169 Cubic Yards Unclassified excavation i tie..."1" 1111.la4ejeanr0\ I ertba dollars amount written in words 7 110 Cubic Yards Select fill (hillside) -complete in place per details Qv,e.C:KtaerovKtlk 40, vl. LISuV•p cteV .Ock $ llara amount written in words Concrete sub -base for awing surface tiles (flinch M8 215 Square Yards , thickness) - complete in place per details l Y ihr.e �rl�t7' x#Cou4cestot4evacNc n_"o dollars amount written in words 5 -inch O.D., Sfoot height arch swings with four belt seats, one fail-bncket toddler seat and one ADA accessible molded seat with yoke- complete in 9 1 Lsonp Sum place per details and manufacturer's instructions elNu lmu rout•Aanetkurrg5tgefA .:4Wt+rib+Ce.cita tot, dollars amount written in words Surface tiles (approx.185 SY) - complete in place " 10 ss crfu' `) 1 Lump Sum per details - � 1aem' t{tyKkea l \1 tsOhri 0:10dollars amount written in wads $( Viers.m )LS. in figures m figuaS:`Al "S $ 3lee.C:10 in figures $( 300.0o)R--s. $ ' 3O•c)c� in figures in figures 8( 1 t boo. tats )IL.S. in figures $(M,Soo- oo)/L.S. lir figures $ I SOO.0 66 m figures $ -;�oca.t m figures $( ` 5- tw yc.Y. 1 000 . t7C] in figures in fgutrs $( I G- yC.Y. s 1/160 -43o In figures ux figures $( yl,'.00 ys.Y. $4,,(91140 le figures in figures $(4,01.14. )/L.s. $ Ct,)4\13 Z in figures in figures s(74, 390.40 yt.,s. $ 31ic3. o in figures in llgnres This bid form continues on the next page... City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 00 41 13-1 May 18, 2011 0 1 1 1 1 1 1 i 1 f' s 1 BID FORM Continued Item Estimated Unit Description of Item No. Quantity Unit Price Total Amount 11 2 Each II Benches - complete is place per details / -TvJ b ViNit .rt c\a*'*cx /too dollars amount written in words Five-foot wide fiber reinforced concrete sidewalk and two 0 -foot x 4 -foot bench slabs (4 -inch 12 35 Square Yards thickness) - complete in place per details 0v4t. �weg u'oaa+ e f ktsrA.,N+0 ` 1 Iva dors amount written in words Slte restoration - including 4 -inch depth topsoil, 13 0.05 Acres fescue sod and water c4 GaNk. LOno amount written in words dollars Site restoration - including 44nch depth topsoil, 14 0.60 Acres fescue seed, straw and water �t�r Vkr-44 ie- S.cosos aur` 42 Jr IN e re to s. 0.i " /tou dolga amount written in words TOTAL B/D $(Gt.1O.caty ). in figures 1('1 5.00 )Is.Y. in figures $(14000 .06 )/AC. m figures $((9)bcoo . $/AC. in figures $ Io_oc� 1 rillinen $ 1f'ES.at� m figures $ 5oc . c o in figures $ Gt'ilo.t in figures S 05Nik Tut r $11101.�°3%te , $ G-1)1 \ octr2> amountwritten in words m figures The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In ease of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name (� 1i11�r,C. ,,.(142-'1,". . By G\tit. /".- � yam\ «7��C3ti.�iV\ //l �' — I V .j Address p� i \ \rOe A city ikbst.Z S +• Arkansas State Contractor's License Number State ootl acecy-'111 •* A Contractor's Licence is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment Nails required along with proof of insurance before construction begins. City of Fayetteville Bid 11-38, Constriction of North Shore Swing Improvements End of Section 00 41 13 Page 00 41 13-2 May 18, 2011 Bond No, 61063144 BID BOND (Percentage) KNOW ALL PERSONS BY THESE PRESENTS, That we R J R Enterprises, Inc. of 804 N. 42ND ST., ROGERS, AR 72756 WESTERN SURETY COMPANY , hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto City of City of Fayetteville xt , hereinafter referred to as the Obligee, in the amount of Five Percent of the Amount Bid ( 5% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Northshore Swing Improvements NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 18th day of Form F4595-8-2001 May 2011 Principal R J R Enterprises, Inc. BY: Surety BY: WESTERN SURETY OM Y'' NY Christine" Piker,Aitorney-in-Fact Western Surety Cornpany POWER OF ATTORNEY - CERTIFIED COPY Bond No 61063144 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, eonatitute and appoint Christine Piker its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R J R Enterprises, Inc. Obligee: City of City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to, issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 18th 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, anclitaserporate seal to be affixed this 18th day of Mav 2011 47t/ 110P "fel' 7,07 ei111,11 et 1 ., ss S .SOU - A co WESV M SUR i,Y COMPANY Paul T. Br i • , Senior Vice President On this 18th day of Mav , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of laid corporation. + 44544 ,44444h444444 $ D. KRELL s NOTARY PUBLIC�t SOUTH DAKOTAi +4544444 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 18th day of May 2011 Notary Public - South Dakota Foran F5306-9-2006 WES SURETY COMPANY Paul T. Brufls(Senior Vice President vale .,.,.,le THECI YDF.FAYETTEVILLE,ARKANSAS www.accessfayetteville.org Bid 11-38, Addendum 1 Bid 11-38, Construction of North Shore Swing Improvements City of Fayetteville— Purchasing Division 113 W. Mountain — Room 306 Fayetteville, AR 72701 Phone: 479.575.8220 E -Mail: aforen@ci.fayetteville.ar.us Date: Wednesday, May 11, 2011 To: All interested parties From: Andrea Foren, CPPB, Purchasing Agent Notice: This addendum is hereby made a part of the bid documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. 1.) Webcoat bench model number B6WBWINGLINESM is approved as an equal. Webcoat Products; P.O. Box 3160; McAlester, OK 74501; 1-800-505-5101; www.webcoat.com. 2.) There are no slabs under the existing benches as indicated on Sheet 4 of the drawings. 3.) Attached are the minutes and. sign -in sheet from the pre-bid meeting that was held on May 11,2011 Page 1 of 4 Acknowledge Addendum #1: Printed Name: c..wd\ 1 Jiowek Signature: Title: V iG-e.- n�Ct2. Date: 4Jln j .6Lx Company: '(c.jt\ TeleCommunkationsDevic,afort eleaf T(479)521.-1316 113.West-Mountain - Fayettevlll, SIR 72701 City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid. DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS p 2.) RELATIONSHIP EXISTS (Please explain) I crf �) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: I I I I 1.) I, as an officer of this organization, or per the attached letter of authorization, am dully authorized to certify the information provided herein are accurate andtrue; and 2.) My organization, shall comply with all State and Federal Equal Opportunity and Non - Discrimination requirements and conditions of employment. City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 00 21 17-1 May 18, 2011 I City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Certification of Debarment — THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID ATTENTION: Please submit this form with your bid. As A BIDDER on this project, you are required to provide debarmentlsuspension 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: 1c1C-a! ticJ�p,►.1� COMPANY: _ I ` c� t t F •r�� Cv t�C� �c PHYSICAL ADDRESS: ams. t 7'1 4 _ MAILING ADDRESS: - '°ces c PHONE: toc.'a. FAX: EMAIL: SIGNATURE: c - DATE: 'if ii 11 City of Fayetteville Bid 11-38, Construction of North Shore Swing Improvements Page 00 41 13-1 May 18, 2011 OP ID: CF A b CERTIFICATE OF LIABILITY INSURANCE rDA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemert s . PRODUCER 479-636-4551 Rogers Insurance Agency P.O. Box 2048 Rogers, Alt 72757-2048 Roland W. Julian, CIC NAME: PHONE FAX EXth IAIC, No): ADDRESS: DU CUSTOMER ID 5; RJREN-7 INSURER(S) AFFORDING COVERAGE NAIC # INSURED RJR Enterprises, Inc. 804 North 42nd Street Rogers, AR 72756 INSURER A ;Cinclnnati Insurance Company 10677 INSURER B :Accident Fund Ins Co. 10166 INSURER C INSURER D INSURERE; INSURER F: rnILieenrsrC CFPTIFICATE NUMBER; REVISION NUMBER: THISIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER P MID M MPOLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GEiNERAL LIABILITY CLAIMS -MADE X OCCUR EPP0028068 07/01/10 07/07/77 EACH OCCURRENCE $ 1,000,00 AGETORENTED PREMISES Ea omrrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYP1 [T PRO, LOC PRODUCTS - COMP/OP AGG $ 2,000,00 $ A A A AUTOMOBILE LIABILITY X ANYAUTOO ALL OWNED AUTOS SCI#EDULEDAUTOS X HIRED AUTOS X NON -OWNED AUTOS EPP0028068 EPP0028068 07101110 07101/10 07101/11 07/01/11 COMBINED SINGLE LIMIT (EaaccldeM) S 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per sccidant) $ PROPERTYDAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB I EXCESS LIAB X OCCUR CLAIMS -MADE LIMB 0028068 07/01/10 07107(11 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DEDUCTIBLE RETENTION $ 0 S X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (MandahxtrinNH) I yes, describe under DESCRIPTION OF OPERATIONS below N I A - C 2038636 09/14/10 09/14111 X WC STATU- 0TH - EL EACH ACCIDENT $ 100,00 E.LDISEASE -EAEMPLOYE $ 100,00 G.L. DISEASE - POLICY LIMIT 500 00 $ , DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD 101. Additkmas Rernarhs Schedule, I more spate Is required) Project: Northshore Swing Improvements wcnVr�,nwre unI n=O CANCELLATION CITFAYO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 W. Mountain ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE 01988-2009 AGORD GUKYUKAl JUN. Ali ngnts reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD • ..• ••UISI tftrOPayettevi1Ie.... PUrc3e.Li Request tin .. 9' s�7�x9Ih _ was ttzemcm ataser+ Number ..,.wow,. , .� rx-••,.^n•••�-,;u-�,4•. :r . s..„ N.n - lendor# e1dot Name: a 8483 RJR Frsterprises, Inc. Yes' No- Mess:ob Poet; axabfa 004 North 42nd Ssraat Yes:_• No: Yes: Na: Slate: c Iship to code: tMn Head Approval. Ro ers.IAR 72756 Requester, f t q mp Carefe Janee. Park Planner 3493 472 Iten Descr tie Uan(JtY Llnit of Issue Unit Cast Extended Coat Account Numbers 1rojectf&pmject# In'ntntcry# Fixed Asset # t Construction of North Share I 1 LS $67,730.93 225U.92555606.00 02043.1001 SvAnr} InMxw ameMa 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 00.60 7 50.00 8 $0.00 9 - $0.00 16 $0.00 • Sbipping/Handtrg Lot $0.00 orw: Tax to Included in the bid price. ubtotal: $67.739.03 Tax: otaE: $67,739.03 (ovals' Mayor; Department Dlrectcr: Purchasing Manger: Finance & Internal Services Directrir Budget Manager-, fT Manager. Dispatch Manger. UOOGes Maflager: Other, City of Fayetteville Staff Review Form mmen s: City Council Agenda Items and Contracts, Leases or Agreements NIA • ity Council Meeting Date Agenda Items Only Carole Jones Park Planning Parks and RecreationII I Ii �bniItt�d By Division Department nt of $4,417 for the Construction of North Shore Swing Improvements (see attached memo). $ 4,417.00 Cost of this request 25Q92 5$06 00 ., Account Number 420431001 Project Number Budgeted Item It $ 125,000.00 Category ! Project Budget 68,129.00 Funds Used to Date Lake Fayetteville North Playground Program Category / Project Name Lake Fayetteville Improvements Program I Project Category Name 56,871.00 Parks Development Remaining Balance Fund Name Budget Adjustment Attached Previous Ordinance or Resolution # 8686-1:rr+ Dae Original Contract Date: 6/7/20aww -1 . Original Contract Number Date Finance and Internal Services Director Date Date ate Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT , 113 West Mountain Fayetteville, AR 72701 r:rwaaa�aer.� P (479) 4443471 F (479) 521-7714 RKA To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent c From: Carole Jones, Park Planner II Date: August 31, 2011 Subject: Request for approval of change order #1 to Resolution 86-11 for Bid # 11-38 with RJR Enterprises, Inc. in the amount of $4,417 for the Construction of North Shore Swing Improvements P_ RPOS Lake Fayetteville Park, consisting of 590 acres, is a community park serving the entire city as well as the adjacent neighborhoods and communities. Approximately 3,300 homes within the city limits of Fayetteville are located in a one mile radius of the park ultimately serving an estimated 8,250 Fayetteville residents. The park is situated in the northeast quadrant of town east of College Avenue (U.S. Highway 71B), west of Crossover Road (Arkansas Highway 265) and north of Zion Road. On June 7, 2011, the City Council passed Resolution Number 86-11 approving a contract with RJR Enterprises, Inc. for Bid 11-38, Construction of North Shore Swing Improvements, in the amount of $67,739 with a 10% project contingency of $6,774 for a total amount of $74,513. The project includes the demolition of the existing swing structure, construction of an ADA-accessible concrete pad with safety surface tiles, construction of an ADA-accessible sidewalk, and associated site work. Due to existing site constraints (existing trees and sidewalk), additional material and labor are needed to complete the project and meet ADA regulations. Staff is requesting the following changes: 1. Relocation of the swing structure pad approximately 10 feet east of the original layout: This involves the excavation of an additional 190 CY of material from the site to achieve the grades required to meet ADA regulations and avoid disturbance to existing trees. An additional 5.6 SY of concrete sidewalk will also be required to make the ADA connection from the existing sidewalk to the swing pad. 2. Decrease in quantity of select fill: Only 50 CY of select fill is required at the project site resulting in a decrease in the select fill line item. 3. Construction of an ADA-accessible rubber ramp: This involves the fabrication of a single poured -in - place rubber ramp that meets ADA regulations and transitions from the connecting sidewalk to the rubber tiles on the swing pad. A fabricated ramp will provide a better transition than a manufactured ramp tile due to the angle of the connecting sidewalk. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS :HEC . D TION: Parks and Recreation staff is requesting approval of change order #1 to Resolution 86-11 for Bid # 11-38 with RJR Enterprises, Inc. resulting in an increase of $4,417. This amount is within the project contingency of $6,774 leaving a balance of $2,357 in contingency. BDGE,' IMPACT: This project is funded with Parks Development funds ($125,000). The cost is accounted for in project number 02043.1001, Lake Fayetteville Improvements. AttaC entS: Staff Review Form Resolution No. 86-11 RJR Enterprises, Inc. Change Order No. 1 Cost Estimate Change Order No. 1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. 86-11 A RESOLUTION AWARDING BID #11-38 AND AUTHORIZING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $67,739.00 FOR CONSTRUCTION OF RECREATIONAL SWINGS AT LAKE FAYETTEVILLE PARK, AND AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-38 and authorizes a contract with RJR Enterprises, Inc. in the amount of $67,739.00 for construction of recreational swings at Lake Fayetteville Park. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a ten percent (10%) project contingency. PASSED and APPROVED this 7"' day of June, 2011. APT ry rri. By: ATTEST: By: SOND E. SMITH, City Cler reasurer :FAYETTEVILLE"' RJR ENTERPRISES, INC. 804 N. 42ND ST ROGERS, AR 72756 Ron and Ryan Brown I Name / Address I Connie Edmonston 113 West Mountain Fayetteville, Ar 72701 COMMERCIAL PROPOSAL Proposal# 8/30/2011 6052584 P.Q. No. Ironed Terms Due Data Northshone Swing I... Net 30 7/$/2011 Description Qty List Price Mount L. Discount Taal Mobilization 1.0 3,300.00 . 3,301}.60 .___. 3,300.00 Bonds And Insurance 1.0 3,225.27 3,225.27 3,225.27 Demolition 1.0 300.00 300.00 300.00 Site Preparation 1.0 1,800.00 1,800.00 1,800.00 Erosion Control, construction entrance, concrete waist, and silt fence 1.0 4,500.00 4,500.00 4,500.00 . Unclassified excavation 350.0 25.00 8,750.00 8,750.00 Select Fill 50.0 16.00 800.00 $00.00 Concrete Pad 215.0 45.00 9,675.00 9,675.00 Swing 1.0 6,993.76 .6,983.76 6,983.76 Tiles 1.0 25,320.00 25,320.00 25,320.00 Benches 2.0 600.00 1,200.00 1,200.00 Concrete Sidewalk 40.6 45.00 1,827.00 1,827.00 Site Restoration, dirt and fescue sod 0.05 10,000.00 500.00 500.00 Site Restoration, dirt and fescue Seed and straw 0.6 6,000.00 3,600.00 3,600.00 Add Rubber Ramp 1.0 375.00 375.00 375.00 CHANGE ORDER August 30, 2011 > Increased quantity of Unclassified excavation from 160 to 350. Increased price of Unclassified excavation from $4,000.00 to $8,750.00. (+$44,750.00) > Decreased quantity of Select Fill from 110 to 50. Decreased price of Select Fill from 51,760.00 to $800.00. (-$960.00) > Increased quantity of Concrete Sidewalk from 35 to 40.6. Increased price of Concrete Sidewalk from $1,575.00 to $1,827.00. (+$232.00) > Added 1 Rubber Ramp. (+$375.00) Total change to estimate +$4,417.00 Total $72,156.03 Signature Phone # . Fax # .. Cell ... E-mail Web Site 479.631-6574 479.439.8692 R494361R4i943Eid92 Icon 479-62.1.3909 wn �r nwarjr.com , ronbrown nw . THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT m - t 113 West Mountain Fayettevilie, AR 72701 P (479) 444-3471 F (479) 521-7714 NSA CHANGE ORDER NO. 1 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: C u Lion of North shore SLrnrovernents.ResoLuUollNoJ611 Name of Contractor_ RJR Ente prises. Inc. Address of Contractor: 804 N. 42"(1 Street. Rogers. AR 72756 Date of Contract: June 7, 2011 Original Contract Sum: $ 67,739.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: 67 739.00 Contract Sum increase this Change Order: $ 4,417.00 New Contract Sum including this Change Order: $ 72,156.00 Subject and Reason, for this Chan a Order: Staff is requesting several changes required to complete the project. Requested changes, include: 1) Relocation of the swing structure pad approximately 10 feet east of the original layout to meet ADA regulations and avoid disturbance to existing trees; 2) Decrease in quantity of select fill; and 3) Construction of an ADA-accessible rubber ramp. The contractor is not requesting any additional days for completion of the project. Additional Time Requested: 0 Calendar Days Dated this 31st day of August 2011 CITY OF FAYETTEVILLE Parks &/Recreation Department By: Carole Jones, Pa Planner :FAYETTEVILLE: 'qwi/ RJR Ente ' es Inc. Contra�l��� T V,Ct -Rc; C(�v�' ATTEST: "1 Ii VV\UO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 PAYMENT BOND Bond Number: 6i088911 KNOW ALL PERSONS BY THESE PRESENTS, That we R J R Enterprises, inc. of 04_i�, 2D ST, ROGERS, AR 727 6 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Fayetteville tf , hereinafter Sixty Seven Thousand Seven Hundred Thirty Nine and referred to as the Obligee, in the sum of 03/100 Dollars ($ 6L_139. 03 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 14th day of June 2011 , for Construction of North Shore SwingImmprovements copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 20th day of June , 2011 Illlllllllllllf f llllllllllllllllllllllllllllllllllllllllllllllllllll�Ill .R_: R_En erp i ae a_ .ac. = __ _ (Principal) rte Doe ID: 014077340005 Typo: LIE Kind: PERFORMANCE BOND Recorded: 06/22/2011 at 04:17:27 Ph By - �'Seai) Fee Amt: $35.00 Paae 1 of 5 Waehinaton County, AR Bette Stamps Circuit Clerk File 30-00000570 WESTERN SURETY MP Y — (Suret — --- By_ - (Sea!) Form F8578 ristin er Attorney'-in-i"ace Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61088911 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Christine Piker its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bondsfor: Principal: R J R Enterprises, Inc. Obligee: City of Fayetteville Amount: $500,000.00 and to hind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the 'Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of January 13th 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and.ita.corporate seal to he affixed this 20th day of June , 2011 ati'` 4�Hr-,y' Y % "�`'��, WES SUR Y COMPANY (7g Qk4, -_r4,- = Paul T. Brufl ,Senior Vice President S'ATCO. p TII 'tK l` -1 I I TA ss COUN C1;� � r'ftl.IV;NR AHA On this 20th day of June , in the year 2011 ,before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WES'T'ERN SURETY COMPANY and acknowledged said instrument to be the voluntary act /and deed of aid corporation. +ayrryaaytiti5titiatistia..wti.,be, + ��,e\ D. KRELL s SENOTARY PUBLIC SEAL ± $( AL SOUTH DAKOTA Notary Public - South Dakota +YhYySaf4YYYYhtitititititi4titititi+ My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ZUtn day of June 2011 WES R SURE Y COMPANY Form F5306-9-2006 Paul T. Brufl Senior Vice President PERFORMANCE BOND Bond Number: 61088911 KNOW ALL PERSONS BY THESE PRESENTS, That we R J R Enterprises, Inc. of 804 N. 42ND ST., ROGERS, AR 72756 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Fayetteville hereinafter Sixty Seven Thousand Seven Hundred Thirty Nine and referred to as the Obligee, in the sum of 03/100 Dollars ($ 67, 739.03 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 14th day of June , __20.11 ,forConstruction of North Shore Swing Improvements NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 20th day of June 2011 R J R Enterp ises, Inc. (Principal) By (Seal) 1 ESE _ FUT4 C M .N ^(Surety) By (Seal) Christin Piker Attorney -in -Fact Form F4597 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61088911 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Christine Piker its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R J R Enterprises, Inc, Obligee: City of E'ayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in•fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of January 13th 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. 13ruflat, and it% corporate seal to be affixed this 20th day of June , 2011 , _.� WES r SUR Y COMPANY (2 / y j•t ;'4� ��w Paul T. Brufl , Senior Vice President rr_, S'1EOUTH•• AKOTA � tf%1 % Mfr .S/�LA r. << ss C:O UNTY,QC[I iNR AHA On this 20th day of June? , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of aid corporation. +•+tiStihtitititiStiti4titi4tiytiYYStiti+ i D. KRELL J r ^ NOTARY PUBLIC ^ r i sEnL SOUTH DAKOTA 5�� s Notary Public • South Dakota +ti. aaaati ,atititia....a..a. yy..ti + My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 20th day of June 2O11 . Form F5306-9-2006 WEST R SURE Y COMPANY 7T Paul T. Brufl , Senior Vice President -11 OP ID: CP CERTIFICATE OF LIABILITY INSURANCE DATE`120/11m) osr2or11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER 479-636-4551 Rogers Insurance Agency P.O. Box 2048 Rogers, AR 72757-2048 Roland W. Julian, CIC CONTACT PHONE FAX A1C No Ext AIC No): EMAIL ADDRUSS: PRODUCER .RJREN-1 CUSTOMER I INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED RJR Enterprises, Inc. 804 North 42nd Street Rogers, AR 72756 INSURERA:Cincinnati Insurance Company 10677 INSURERB:Accident Fund Ins Co. 10166 INSURER C: INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL SR TYPE OF INSURANCE POLICY NUMBER IMMIDDIYYYY1 IMM/DD/YYYYILIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FK OCCUR EPP0028068 07101110 07101/11 EACH OCCURRENCE S 1,000,00 GAMAGE TO RENTED PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 6,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO En LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A A A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EPP0028068 EPP0028068 07/01/10 07/01110 07101111 07/01111 COMBINED SINGLE LIMIT (EsBident) $ 1,000,00 X BODILY INJURY (Per person) ODIL $ — BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Peraecident) $ X $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB 0028068 07101H0 07/01/11 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DEDUCTIBLE RETENTION $ 0 $ X $ B WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? [JY (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below N IA C 2038636 09/14/10 09/14/11 X VIIC STATE- 0TH - E.L. EACH ACCIDENT $ 100,00 E.L. DISEASE. EA EMPLOYEE $ 100,00 E.L. DISEASE - POLICY LIMIT $ 600,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Project: Northshore Swing Improvements 1 G 11VLUCr[ CITFAYO City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD