HomeMy WebLinkAbout50-90 RESOLUTIONr••••••
.1-
7h
E
t
. ,
T.
RESOLUTION NO. 50-90
A RESOLUTION APPROVING A BID TO THE LOW
BIDDER, HUNNICUTT CONSTRUCTION COMPANY, FOR
THE CONSTRUCTION OF A NEW ANIMAL SHELTER
BUILDING AND TRANSFERRING $150,000 FROM THE
CITY'S ESCROW ANIMAL SHELTER ACCOUNT TO THE
HUMANE SOCIETY TO PAY CONSTRUCTION INVOICES.
WHEREAS, A.C.A. § 14-47-138 requires the contract between
Hunnicutt Construttion Company and the Humane Society of the
Ozarks, Inc. be consummated only on a bid approved by the
Fayetteville -Board of Directors, And
WHEREAS, the City of Fayetteville, Arkansas is by prior
agreement with the Humane Society of the Ozarks, Inc. committed to
funding $150,000 of the construction cost Of a new animal shelter
building
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. The Board of Directors hereby approves
pursuant to A.C.A. § 14-47-138 the bid of Hunnicutt Construction
Company for the construction of a new animal shelter building.
111
Section 2, The Board of Directors hereby authorizes the
transfer of $150,000 from the City's Escrow Animal Shelter Account
to the Humane Society of the Ozarks, Inc. to be placed in a
Checking escrow account managed by the Humane Society and used to
pay construction invoices, which may be audited by the City.
PASSED AND APPROVED this 3rd day of April , 1990.
.‘,, ....
.....
pr...., le
e•
•
-• C.-
.-
•
erl&1"..
•
. •
APPROVED:
•
I4a;?d<et°r-deit/
1
•
>11
4-1
0./
L ..-
O 1.1
44- 0 VI
Inc
L. vl CU
0) 81.1 C E
or -
8— ra -IC 1—
CU E S.
V) .0 7 4II IP'
eil
0 a 00
S• -•I r 01 0) 0 oN
10 •-• •••• .1 al
art E g— 0-- •–o
,I ••••• ••-• .
= C > > E •
•CC 4/ 0.) • tO
4.-I O.
i•ls 3 4-) .0
WW0 00
CI CC Z >48 >8 0 L-
0-4 0 ea fp • • ns
Co Ls. CL. La. CL.1 X
113 North East Ave., Fayetteville, Arkansas
Smith & Russell, Architects
SUBCONTRACTORS
ROOFING: C•17‘11,Sei
ELECTRICAL: 41W,
PLUMBING: (2.11-fik
'MECHANICAL jt
_
• ROOFING:
ELECTRICAL:
PLUMBING:
piECHMECHANICAL:
ANICAL:
ROOFING: cgtiAeL/rL,
ELECTRICAL: (177)TW:1i.,
PLUMBING: cetirga(
MECHANICAL:
ROOFING: •
ELECTRICAL:•.
PLUMBING: :1
MFCHANICAL:
CONSTR.TIM
i
,
i
BASE BID
':3
%..,..
. /-41
••••.
-••...._
3.--
I) ,
—
.......,
.-..,.
.1/‘
C.)
a k•-•
:-..-4
N \
ADDENDUM
`N.
\
\
LICENSE
.N-1
3-
I
•ii
`...„...
ii..•
......_
.....
I
‘...7.-
•-j
1-
-__
nn,
•
c -%`....
.•••••
'•.I
—r---
.1--
‘....b
1
'.3-•.-
., I
N.,
GENERAL CONTRACTOR ' I
HARRISON DAVIS
HECKATHORN CONSTRUCTION CO. INC.
HUNNICUTT CONSTRUCTION CO. INC.
•
i..)
=
•
1•••
in
in
•
a
•
•
. •
—
+
7 ••
0 0
0 0
Z z
Ul VI
1.14 U.1
BID BOND REQUIRED
E BONDREQUIRED
0
uJ
0
•
TABULATION OF BIDS
BID AWARD SUMMARY:
PUICIIASING 01 f 10E11
CERTIFIED BY
7.07
0 0000
0. 0. O. 0. 0.
0 0 0 0 0
L7j LI • 2 2
1.1.1 UJ UJ
EXTENSION 1
_
'4
2
W
F-
U)
1.4
0
S]
2
UJ
F-
ITEM
SPECIFICATIONS'
'
SPECIFICATIONS'
SPECIFICATIONS'
SPECIFICATIONS
2
w
p-
TO BID
TO BID
a
1-i
al
g
a
t-1
go
F
ITEM
I
NO EXCEPTIONS'
I I •
NO EXCEPTIONS
301,112.00 1
NO EXCEPTIONS'
3101880.00 1
_ .
NO_EXCEPTIONS1
Cr
r
Cr
BID NO. PROJECT NO.
0'-
0
-0
2
D
-'-
1.6)
wu
0
Qi6
-u•
2
0
•Pv
lel'
wu
0•17)
oo
c=0
2
0
•I-
i:i
wu
tw
D '
03,
-0
22
D
• ii•
o
wu
t
D.1,7,
Q0
-0:
1 D
- - -
uiti
nd
0
1
D I-
0
..-u
z
D
- t,7
86
u
t
p h-
Q8
-0
z
0
' -
88
u
t
DI-
Q8
-0
z
0
-1-
u..0
Di.-
Q8
-0
z
0
/-
88
c
1
m
•-
>
m
a
0
DI
• Hi
r0
Z
CC
W
0
co
0c
1)
-4
-1
>
CD
4)
4)
ill
M
f.4.4
u j
CC
n0
I-1
fa
0
Z
43
i144
OC
131
ZU
&
UJ
0000
0<
o
C
•
o6
0 m
a -I
0 -I
4-) >
U 1)
0 4J
1.4 4-)
CU
M
JO C4 -i
Lu
CC
0
,
1-1
111)
4)
7
(J
-1-143
Z
CC
O
ZC.)
-
CC
Lu
00
cTo
0
C
0 a)
a -I
0.r
0.
C.) 0.)
a 43
S4 4-)
0)
W>,
M
0 Cu
CI
Lu
a
4
CU
I -I
• al
0 '0.
Z '01
Hi a
.1-I
• )4
rl a
C43 Cf]
in
-
CC is'
In Er
00
00
0a
-
CC ui
cc
0
0
a<
-
CC
8
0.(
0ct
rt .
.,
W0
00
a,
0ft
0
on
n
0 4
BID AWARD SUMMARY:
PUICIIASING 01 f 10E11
CERTIFIED BY
7.07
0 0000
0. 0. O. 0. 0.
0 0 0 0 0
L7j LI • 2 2
1.1.1 UJ UJ
A A
:1 1
7.08
A/A Doc-unzent A101
Standard Form of Agreement Between
Owner and Contractor
when' ay basis of parmeta is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSLOUENCES; CONSULTATION WITI1
AN ATTORNEY 15 ENCOURAGED -RIISPIAIT TO ITS COMPLETION OR 4%IOD1HC4TION.
The bgr Eaition oj A/A Document :1201. Gettercti Condannb of the Contract for Construction. is adopted
in Ibis iloctingent by reference. Do not use Intl) other getteral amelitions this document is inothpecl
ThiN kloCument has been approved and endorsed by The Assod.lied General Contractors of America.
AGREEMENT
Made as of the
Nineteen Hundred and
BETWEEN the Owner:
(Saine and aihire.sS)
and the Contractor:
(Nome find ttildinS)
The Project is:
(Same “11(1 location)
The Architect is:
(Act folt• (141citi•?..9
day of
April in the year of
Ninety
Humane Society of the Ozarks, Inc.
(Formerly Fayetteville Humane Society, Inc.)
P. O. Box 84
Fayetteville, Arkansas 72702
Hunnicutt Construction Co. Inc.
2301 South School Ave.
Fayetteville, ArkenSas 72701
A New Animal Shelter For
Humane Society of the Ozarks, Inc.
(Formerly Fayette011e Humane Society, Inc.
Fayetteville, Arkansas
Smith and Russell, Architects
113 North East Ave..
Fayetteville, Arkansas 72701
The Owner and Contractor agree as set forth below.
k11ri)bL 191:t, 19114 192C, 195-. %')SI. 19in 1961, 11/05, 1911”, 19-”, 1,-)19/1” 'lite AflItrILJo IibtiItiIL iil A11;111
Let 1N. NcsA irk A‘cittic. N.3 ,3 usltingtiot, 11 1. .:1111(11) Relict Kith. IR i11 (II 1111.7 Ill:11MA 111:W1111H 11.111,111111J1 4414111
id Its N11%1'111111% %%Alit 411 •A II:11 1IC111111%11.0 to clic AIA pp) right lass. til ilte Linicti NI Alt". 3114.1 Noll be sobjeLt
11)
iegal pit 1,0.1.1114111
Al* DOCUMENT Ann • 1 Atiftlit t IN I I1A1.11 Ili At 1141 1.M1.1.11 • 11.1. 111 111 114111 iN • AIA' • • P ISM
1111. AN11.1411..AN INS1111 1- 01 AH4jIIIhulS. ISNiWVoltit; A% 1 N1 N . %.1..3/4‘111Nt 111 XS. 11 '1111111
A101-1987 1
•
w•
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and.
Modifications issued after execution of this Agreement, these form the Contract, and are as fully a part of the Contract 11 if attached
to this Agreement or repeated herein. The Contract represents the 'entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, .either written or oral. An enumeration of the Contract Documents,
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract 'Documents to be the responsibility of others, or as talows:
The Contractor shall execute all the work required for the construction of a new
Animal Shelter as described in the contract documents.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date (if commencement is the date from which die 'Contract Time or Paragraph 3.2 is measured and shall be the date of
this Agreement, as first written above, unless a different date iisisaitedbelow or provision is Made for the date to be fixed in a notice
to proceed issued by the Owner.
.(bisert the date •ComMencement. if it lb/fen from We date nj ttJis ;freemeni or. If applicable. Itate that tbe date will be fixed in u Matte to proceed)
Unless the date of commencement is esiablished by a nrifice to !proceed issued by the Owner, the Contractor shall notify the
Owner in writing not less than five days before commencing iht Work to permit the timely filing of mortgages, mechanic's liens
and other security interests.
3.2 The Contractor shall achieve Substantial Cotnpletion of the entire Work not later than
rnim•ri (het olendar date or ...... Iberia calendar dun after the dole.41 commencement ellaO ober' any requirements for earlier Solummial Completion of cer-
tain port ...... ibe %fork. if ma a lured theubere tbe t.taitrall Documents )
One Hundred Sixty Five (165) consecutive calendar days
• sublect to adjustments of this Contract Time as provided in the Contract Documents.
PIIWIMAISIN,J coii. for liquidated cliiimakes relating fH leidicre Po Complete toi nine )
AM DOCUMENT MOI • OW NER-CONTRACTON AGREEMENT • TWELFTH EDITION • AIA' • (.9 19147
TIIE ASIERICAN INSTITUTE. OF ARCHITECTS, 17:15 NEW YORK AVENUE. N W , WASHINGTON. ac 20IRIG
A101-1987 2
4.1 The Owner shall pay
Three Hundred
(.1 301,112.00
tract Documents.
4.2 The Contract Sum is
7.10
ARTICLE A
CONTRACT SUM
the Contractor in current fund, for the Contractor's performance of the Contract the Contract Sum of
One Thousand One Hundred Twelve and 00/100 noilars
), subject to additions and deductions as provided in the Cum
based upon the following alternates, if any, which are dcscnbed in the Contract Documents and are
hereby accepted by the Owner:
orate the nunihers or other afehigication 01 act rifled alternatel 11 deCIA (Ober titternaws are t44134. matte by Ibe-fiuwersuhsrqueni to the esn whin od
this Agreement. attach a st bedute isJ u. b oibtr alterautei sinarroh4 the 11711011711 hir rat b ink) the thaw wail whit b that amount 43 13414d )
None
4.3 Unit prices, it' any, are as follows:
Finish Hardware Allowance - One Thousand Five Hundred Sixty & 00/100 Dollars
($1,560.00)
Hollow Metal Allowance - Four Theusabd One Hundred Eighty & 00/100 Dollars
($4,180.00)
Unit Prices for variations in depth of drill piers:
Where solid bearing occurs above the elevation shown on the
deduct $175.00 for each cubic yard variation in height.
Where solid bearings occur below the elevation shown on the
add $100.00 for each cubic yard 'variation in height.
Unit Prices for temporary casing in pier excavating:
Where installation of temporary casing in pier excavations is required,
add $7.50 per lineal foot.
drawings,
drawings,
AIA DOCUMENT A101 • (IWNFI4C1}NITKACTI)k AGRELAIF NT • IiZII.IIII I:I/1110N • AIA • • lc; 19417
THE INN1E11.1T OF AKCIIITECIN. I NEW YI AVI-.•11 'E. NW .NCASIIINt 11INI. 11 C. /noun
A101-1987 3
a
5.1 Based upon Applications for
Architect, the Owner shall make
elsewhere in the Contract Docun
5.2 The period covered by each
ARTICLE 5
PROGRESS PAYMENTS
Payment submitted to the Architect hy the Contractor anal Certificates for Payment issued by the
progress payments on account of the Contract Sum to the Contractor as provided below and
lents.
Application for Payment Iiall be one calendar month ending on the Lot day of the month, or as
5.3 Provided an Application for Payment is received by the Architect not later than the last
day of a month, the Owner shall nuke paynient to the Contractor not later dun
the fifteenth day of the f011owinAgnonth. If Ain Application for Payment is received by the
Archacci Ater the application date fixed above, payment shall he made by the Owner not bier than fifteen
days atter the Architect recetves the Applicantill for Payment.
.5.4 Each Application for Payment shall he based upon the Schedule of Values subnutted by the Contractor in accordance with
the Contract Documents. The Schedule of Values shall allocate ffie entire Contract Sum among the various portions of the Work
and he prepared in such form anti supported by such data to substantiate its accuracy as the Architect may require. This Schedule,
unless ohiected tu by the Architect, shall tic used as a basis for reviewing the Contractor's Applications tor Payment.
5.5 Applicant Ens for Payment shall indicate the percentage of completion of each pt onion ot the Work as of the end of the period
covered by the Applicatitm for Payment.
5.6 subject to the provisions of the Contract Documents. the :untwist of each progress payment shall he computed as follows:
5.6.1 Take that portion of the Contract Suni properly alioCLIDit: 10 completed Work as determined by multiplying the percentage
completion of each portion of the Work hy the share of the total Contract Sum allocated to that portion of the Work in the
•
silk:dui': of Values. Ins retainage of ten Percclu
10 Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included as provided in Subparagraph 7.3.1 of the General Conditions even though the Contract Sum has not yet been adjusted by
Change Order
5.6.2 Atli that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored oft the
site at a location agreed upon in writing), less retainage of ten
10 %0;
.percent (
5.6.3 Subtract the aggregate of previous payments nude by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided. in Para-
graph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance vaith Paragraph 5.6 shall be further modified under [he following
Cif 1 Ur1 51an025:
7.11
5.7.1 Adcl, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
one hundredpercent ( 100 ir)ofthe Contract
Sum, less such lubounts as the Architect shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if final otmpletton ttt the Work is thereafter mitten:ally delayed through no fault of the Ctilitractor, any akiitional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitanon or retainage, if any. shall Ise as tollows,
ar :1 E. EEEE,EEE,E,,a ponr Et, %gib, fartlial Lim:MO tint lel Ow •riflFi. U Pr* lit rt'alt•i• or limit the ?vial/ink.. rem/Imam/rims /he pcnentrign Ntillicarta •
i 6 dame 5 6_P (ahuve and WI% la mai rip/wiled etwteltere in the (.,iflir.h 1 Ili OE 101111th liner: ht.'t pal mu!, redin isi ta- h,,iiIiiI)
If, after fifty percent (5O%) of the work has been completed, the Owner and
Architect determine that the Contractor's performance and progress are satisfactory,
the Owner may make the remaining progress payment in full for the work subsequently
completed.
AEA DOCUMENT At01 • tiWNEN CON1KAL.rok A6REEMEN1 • TW ELETI I EDITION • AIA‘ • (.)1(frI7
'DIE 'AND KICAN INNTITIITE OF AMU MICA'S. 1735 NEW YORE AV EN' IE. MW. WASIIINt JON, D C 200e6
A101-1987 4
.11
7.12
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid 1331allet of the Contract Sum, shall he nude hy the Owner to die Contractor Mit:n(1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct noncontorming
Work 3.44 provided in Subparagraph 12.2.2 of the General -Conditions and to satisfy other requirements, if any, which necessarily
survive final payment; and (2) a 111151 GerSkate kg I'ayncnl has been issued by the Architect, such final payment shall he made Isy
the Owner not more than 3(1 days filter the issuance of the Architect's final Certificate for Ny11112111or as follows:
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 1./liere reference Is 111:14.14: ill 1111:44 Agreement (0:' pro.NIorILfl (be (;eberrai condithirm “1" Another COIllf 'AO the fel-
erellit NICE'S 44 I [hal prOVISI0111 1.1% 1.1.1111114.1ell t SLIpIllelliellied by 41Eller pr t Al:quiet of the Contract lktcuments
7.2 Payments due anti UN/AO inkier 111C (101111.14.11 S111111 bear !interest from the date payment is tlue a1 the rate stated belt ctr in
file absellCe thereof, ille legal rale prevailing Mini time to:Mlle at the pl.ite where the Project IS IOCUICJ.
Ilriwz I Rile ol Interest ugowd 01. q any
(1'344414/444.4 110.1rviiiiirrencrtis 44444/4•rthe totulnin AI ;111,1.1cir %hay Mid Int teilb1401Vri.711.111 Ic4u UM, rsthor reguloli ..... du the 1 itruyt .) [Ma
Ci !tank 103> pront spud plat 441 (4 Mb: Pins. OW elm WIWI the Prlika'1701144.4444i./14•4-44 001i• (114%10)e ol lJjss laritriAii PIA tegal Iddr0 e should OW bOldinft•ti
WWI /Cap.% I hJ adrillan‘ nigh WO and law gb 0 UJULpI lib.. It nian c,r 011111'” ) •
7.3 Other provisions:
Payment for materials and equipment Stored off the site may be made in a Similar
manner to Article 5 above, provided that the material and equipment are suitably
stored at a Iodation agreed upon in writing by the Owner. Payment for materials
and equipment stored on or off site Shall be conditioned upon compliance by the
Contractor with procedures satisfactory to the Owner to establish the Owner's
title to such material and equipftent or otherwise protect the Owner's interest,
and shall include applicable insurance, storage and transportation to the site
for such materials and equipment stared off the site.
ARTICLE 8
TERMINATIONORSUSPENSION
8.1 thecomuo he IC1111111:110.1 by the Owner /I" lilt CI :MI If ;IN provided n
Article 11 of the Geeral Conditions
(oiittitl' 'ns
rhe v.,,rk 111;1) be stispelklcd by Ille lief 'as prilV.14.10.1 III AiIictc li lilt: tot:11Ccal
8.2
AIA DOCUMENT A101 • t h.1.14 4 IN KAI 1144 At4411ND NI • i':Ii hill 1141114 IN. • AIV • .. . un -
THE AMIAill INS1 11 ti I: lit miciii-rn 'is. I 'AS 111,10,4 AVENI 1., i41 . ON. 1) 11101K1
A101-1987 5
7.13
a
ARTICCE 9
ENUMERATION OF CONTRACT :DOCUMENTS
8b1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Sumlard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA Document A201 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, and are as follows:
Document
Specifications. Division 1
Section lA
Section 113
Tide Pages
General Requirements as follows:
Special Conditions Paragraph 1A.1 through
1A.24
Scope of Contract Paragraph IB.1 and IB 2
9.1.4 The Specifications are those contained in the Project Manual dated 3.43 in Subparagraph 9.1.3, and are as follows:
(ALIMet liar the %prey 'Cu 44444 lS herr Fir refer lo cm exffibit eilladivil rip tbrS.Agntineril I
Section Tide Pages
(Specification Index Attached)
AIA DOCUMENT Aim • 4 )WNER CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • (4.19/474
THE AMERICAN INSTITUTE OE ARCHITECTS, 1”,55 NEW YORK AVENUE, N W• WASHINGTON, D.0 201/416
A101-1987 6
9.1:5 The Drawings are as follows, and are dated
(Esther lin ib. Drawings here or refer fa an exhibit attached II' Mos.. rkereernenif
Number Tine
A-1 Site Plan
Ar2 Foundation Plan
A-3 Structural Details
A-4 Roof Framing Plan
A-5 Floor Plan
A-6 Elevations
A-7 Elevations
A-8 Wall Sections
A-9 Wall Sections
A-10 Details
M-1 Plumbing Plan
M-2 Mechanical Plan
M-3 Mechanical Schedule
unless a different date is shown below:
E-1 Electrical Plan - lighting
E-2 Electrical Plan - Power
E-3 Electrical Plan - 'Electrical Schedules
Date
9.1.6 The Addenda if any, are as follows:
Number Date Pages
Number One February 20, 1990 Four
Portinns cif Addenda relating to bidding requirements are not Nn of the Contract Documents unless the bidding requirements :KC
also enumerated in this Article 9.
AIA :DOCUMENT A101 • OWNER cONTHALTDR AC,REEMI NT • TWELFTH Witt( IN • AR* • 1019147
'rim AMERICAN INSTITUTE OF ARCHITECTS. 1735. NEW Y010: AVENUE, N . AsIliNt, DIN, DA. 2110110
A101-1987 7
•
7.13
•
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
aid Urn, 14111ttualltinkti alit Id menh u inch aryl/lie/hied II/ Jrirm part (gab., t'ontrdtt DI 11171•71r) The General Conant $$$$$ provide that budding remnrentent3 nab
as thlrertmittent i,r 111e11411fips• fi• bud lwartaillttl.• ha Bidder.. 3ample forms antl thr Mr j bid art nut part of We Conn -cat Doc ument. saliva enumerated
II iln. Agreement lbay •blIldia LM Itsted ben. .rad stetended to be part of tbe Cortina( Dot U111•1111)
This Agreement is emered into as of [he day and year TIM wimen above and is executed in at least three original copies of which
one is to he delivered to the Contractor, one to the Architeci till use in the administration of the Contract, and the remainder to the
•Osimer.
OWNER Humane Society of the Ozarks, IflC.CONTRACTOR Hunnicutt Construction Co. Inc.
1.Sigtialit re)
(31,001ure)
kill nriggs. Prpcidpnt Donald R. Hunnicutt, President
(Pnriteil 'mow <ma title) (1 'rtmed mune told Idle)
AIA DOCUMENT A101 • t )WN141 I.ONTKALT014 Al..k1-.1-1,1ENT • 1 WEL)* rti EiwnoN • Aim, • u 19117
THE AMERICAN itssfiTtin ov 111S NEW 'i()1(K N W . WASIIIN('TON. 1)1: 201101.
A101-1987 8
1
••
•
DIVISION 1
GENERAL REQUIREMENTS
7.16
SECTION lA - SPECIAL CONDITIONS
1A.1 Conflicts with General Conditions. Where the special conditions under
this section of the specifications are at variance or conflict with
the conditions in the General Conditions, Section 2 of the spec-
ifications, the provisions of the Special Conditions shall govern.
1A.2 Contractor's and Subcontractors' Insurance. No Contractor shall
commence work under his contract until he has obtained all the insurance
required under this heading and has furnished the Owner with satisfactory
evidence of the carriage of such insurance, nor shall Contractor allow
any sub -contractor to commence work on his subcontract until all ins-
urance required to be carried by the subcontractor has been obtained
and the Contractor has furnished the Owner with satisfactory proof of
the carriage of such insurance.
1A.2.1 Public Liability & Property Damage Insurance. Each Contractor shall
take out and maintain during the life of his contract such public
liability and property damage insurance as shall protect him from
claims for damages for personal injury, including accidental death,
as well as from claims for property damages, which may arise from
operations under his contract, •whether such operations be by himself,
or by anyone directly or indirectly employed by him, and in case any
work is sublet, the Contractor shall require each Subcontractor to
provide similar insurance as protection against claims arising from
operations under his subcontract, unless such operations are covered
by the protection afforded by the Contractor. The amounts of such
insurance shall be as follows:
Public Liability Insurance in an amount not less than $100,000
for injuries, including accidental death, for any one person,
and subject to the same limit for each person, in an amount
not less than $300,000 •on account of one accident; and Property
Damage Insurance in an amount not less than $50,000 for each
accident.
1A.2.2 Workmen's Compensation Insurance. Each Contractor shall take out and
maintain during the life of his contract, Workmen's Compensation.
Insurance for all of his employees employed at the site of the pro-
ject, and in case the work is sublet, the Contractor shall require
each subcontractor similarly to provide Workmen's Compensation
Insurance for all of. the latter's employees, unless such employees
are covered by the Protection afforded by the Contractor. All
Workmen's Compensation Insurance will comply with the requirements
of the State of Arkansas.
1A.2.3 Fire and Extended Coverage Insurance. The Contractor shall take out
1 and maintain during the life of the contract and until same has been
accepted, Builders Risk, Fire Insurance, Extended Coverage Insurance
and Malicious Mischief Insurance for an amount equal to 100% of
the total value of the contract sum of the work, including any
additions thereto. Said Insurance Coverage to be written in the
name of the Contractor and Owner.
1
7 7.17
DIVISION 1
1 GENERAL REOUIREMENTS
1 1A.3 Payment. On or about the 15th day of each calendar month, the Owner
will make payments on account of the contract, in the amount of 90%
of the value, based on contract prices of labor and materials incor-
porated in the work and of materials suitably stored at the site
1 thereof up to the first day of that month, less the aggregate of
previous payments. Such payments shall be made on the basis of a duly
certified estimate of the work performed during the preceding calendar
1 month, as prepared by the Contractor and approved by the Architect.
In making such partial payments, there shall be retained 10% of the
estimated amount until final completion and acceptance of all work
covered by the Contract as stated below. If after 50% of the work
has been completed, the Architect determines that the Contractors per-
formance and progress are satisfactory, the Owner may make the remain-
ing partial payments in full for the work subsequently completed. Final
1 payment will be made 30 days after building has been certified "Essent-
ially Complete" less amount twice the value of work not in place or
unacceptable at the time of final inspection as determined by the
Architect. This amount held •will be paid 30 days after satisfactory
completion of all incomplete or unsatisfactory items.
1A.4 Regulations, Fees and Taxes. All work shall be executed in strict
conformity with all laws and regulations of the City and State in which
the building is located. None of the terms or provisions of this
specification shall be construed as waiving or cancelling any of said
laws and regulations.
1A.5 Cooperation. Each Contractor and all Subcontractors shall coordinate
their work with all adajcent work and shall cooperate with all other
trades so as to facilitate the general progress of the work. Each
trade shall afford all other trade S every reasonable opportunity for
the installation of their work and for the storage of their materials.
1A.6 Mutual Responsibility of Contractors. If a Contractor or any of his
Subcontractors or employees cause loss or damage to any other contractor
on the work, said contractor agrees to settle with such other contractor
by agreement or arbitration, if he will so settle. If such other cont-
ractor sues the Owner on account of any loss so!ustained, the Owner
shall notify the said contractor who shall indemnify and save harmless
the Owner against any expense or judgment arising therefrom.
1A.7 Office and Temporary Facilities, The General Contractor will at all
times provide and maintain a watertight office with telephone where
directed for the use of the Subcontractors and Contractors. The
General Contractor shall pay for the installation and shall pay all
charges for the use of this telephone except that charges for long
distance shall be paid for by persons making same. This building will
be removed when direCted.
Temporary toilets shall be constructed and installed by the General
Contractor in location approved by Architect, including enclosures.
These toilets shall be for the use of all Contractors and Subcontractors
employed in the work. Toilets shall be properly secluded from view.
1
1
1
1
1
•
DIVISION 1
GENERAL REQUIREMENTS
Toilets shall be maintained in a sanitary condition and will be
removed by Contractor when work is completed.
The Mechanical Contractor shall bring temporary sewer and water service
to site of new building. General Contractor will provide all water for
construction use.
The Contractor shall make all necessary arrangements with the local
power company for all required temporary electrical service and shall
pay all expenses in connection therwith to provide electricity for
construction use.
1A.8 Engineering and Layout. Each Contractor shall provide competent eng-
ineering services to execute his work in accordance with the contract
requirements. He shall verify the figures shown on the survey.and
approach drawings before undertaking any construction work and shall
be responsible for the accuracy of the finished work.
The Owner has established, or will establish, such general reference
points as will, in his judgment, enable the Contractor's to proceed
with the work. If any Contractor finds that any previously established
reference points have been destroyed or displaced, he shall promptly
notify the Architect.
The General Contractor shall protect and preserve the established bench
marks and monuments, and no changes in location may be made without the
written approval of the Owner.
1A.9 Labor and Workmanship. Each Contractor shall comply with the labor
laws of the State of Arkansas and the various acts Amendatory and
Supplementary thereto, and all other laws, ordinances, and legal
requirements applicable thereto.
All labor shall be performed in the best and most workmanlike manner
by mechanics skilled in their respective trades. The standard of the
work required througheut shall be of such grade as will bring results
of the first class only.
The Contractor shall employ a qualified superintendent. The Contractor
will Submit proof of the Supetintendent's qualifications. Superintendent
must have the approval of the 'Owner and the Architect. The Superintendent
may not be changed without permission of the Architect.
Mechanics whose work is unsatisfactory to the Owner or Architect or are
considered by the Architect to be unskilled or otherwise objectionable
shall be dismissed from the work upon notice from the Architect.
All manufactured articles, material and equipment listed or described
shall be applied, installed, connected, erected, used, cleaned and
conditioned as directed by the Manufacturers'.
•
3
1
1
1
1
1
7.i9
DIVISION 1
GENERAL REOUIREMENTS
1A.10 Architect's Errors and Omissions. To further cooperation with the
Architect and the prosecution of the job in a workmanlike manner,
the Contractor shall exercise due care to ascertain any architectural
defects in his examination and execution of the plans, specifications
and other documents. If any errors, omissions, or obscurities appear
contrary to the purpose and intent of the work, the Contractor shall
promptly notify the Architect and apply for the directions either
before or during construction.
The Contractor agrees to familiarize himself with the general purpose
of the entire job and the coordination of his work with the work of the
other contractors on the job. If, in the exercise of ordinary care,
the Contractor fails to notify the Architect of any errors, omissions,
or obscurities in the contract documents, he will be held responsible
for the results of same and the cost of rectifying them
1A.11 Material Designations. Where any material is mentioned in the spec-
ifications by trade name or manufacturer's name, the same is not a
preference for said materials, but the intention of using said name
is to establish a type of quality of material. Contractor will note
that the words "or equal" have been eliminated from these specifications.
Substitutions will be considered in accordance with this paragraph.
Material of other trade names or of other manufacturers will be con-
sidered for acceptance by the Architect, which is the equivalent or
better in type or quality. Contractor shall submit in writing to the
Architect a list and description of all material which he proposes to
substitute from materials specified. No substitutions shall be made
until written permission by the Architect is given. Where A.S.T.M.
specifications numbers are referred to, this is to be the latest
edition of said specification for the material specified.
1A.12 Submittals and Shop Drawings. Unless otherwise specified, all sub-
mittals and shop drawings shall be submitted in four copies. The
supplier or subcontractor shall make all submittals to the General
Contractor. The General Contractor shall examine these drawings and
submittals in detail to determine if they conform to the specifications.
He shall then approve said documents in writing before forwarding them
to the Architect for examination. Written approval of the Architect
is required before said materials may be incorporated into the project.
1A.13 Drawinas and Specifications; Titles to divisions and paragraphs in
these contract documents are introduced merely for convenience and
shall not be taken as a correct or complete segregation of the several
units of materials and labor No responsibility either direct or
implied is assumed by the Architect for omissions or duplications by
the Contractor or their Subcontractors due to real or alleged error
in arrangement of matter in these contract documents.
1A.14 Measurements. Before ordering any material or doing any work, each
Contractor shall verify all measurements at the building and shall be
responsible for the correctness of same. No extra charge will be
1
1
1
3
DIVISION 1
GENERAL REOUIREMENTS
allowed for account of differences between actual dimensions and the
measurements indicated on the drawings. Any difference may be found
shall be submitted to the Architect for consideration before proceeding
with the work.
1A.15 Chases. The Contractor shall leave chases and openings for mechanical
work, electrical work, etc., where shown on the drawings or where
directed by these Contractors. Should these Contractors fail to direct
the Contractor to leave chases where required and not shown on plans,
they will be required to make chases for their work. Approval of the
Architect shall be obtained for any chases desired which are not shown
on drawings.
It shall be the duty of each Contractor to provide at the proper time
all sleeves and materials which are required to be built in masonry and
concrete work. In the event sleeves or materials are not installed at
the proper time, these Contractors will be required to cut holes for
and inStall samein the finished work.
1A.16 Storage. The Contractor and each Subcontractor shall build suitable
and substantial storage building, sheds or platforms to store or house
all of his materials which would suffer from the weather or from
contract with the grounds.
1A.17 Cold Weather. Concrete, masonry or other work subject to damage by
cold weather shall not be executed when the temperature falls below
forty degrees except upon permission of the Architect and his approval
of measures taken to protect tbe work from freezing. Said permission
of the Architect is not to relieve the Contractor of his responsibility
for damage which may occur to the work from cold weather.
1A.18 Temporary Heat. The building must be kept dry and warm at all times
when by being cold or wet it will suffer injury before completion.
At all times after the building is enclosed, the temperature inside
shall be maintained at nOt less than forty-five degrees.
The Contractor shall furnish temporary heat for all trades as required.
When permanent heating syStem is installed and complete, Contractor
may at his own expense, operate system, assuming all responsibility
therefore until final accepttnce. At completion of project, Cont-
ractor shall clean permanent type air filter and replace disposable
type air filters.
1A.19 Protection of Work. Contractor shall erect fences and other enclos-
ures and maintain lights and lanterns as may be required to protect
his part of the work and to facilitate building operations.
•
1
-
DIVISION 1
GENERAL REQUIREMENTS
1A.20 Cleaning Up. Contractor shall at all times keep the building and
adjoining premises free from waste materials or rubbish resulting
from his work, due to limited storage facilities at the site this
is extremely important and will be enforced by the Architect.
Upon completion of the work, the Contractor shall remove all his
surplus materials, crating, packing materials, tools, construction
equipment, etc., from the site. He shall repair all damaged places
in the work included under his contract and shall clean all fixtures
and unpainted items which he has installed.
Upon completion of the work, the Contractor shall clean the glass,
remove stains •and dirt from finished work surfaces, clean hardware,
clean floors and have the building in condition suitable for occupancy
by the Owner.
1A.21 Use of Building by Owner. The Owner shall have the right to take poss-
ession of and use any complete or partially completed portions of the
work included under the contract whether or not the time for comp-
leting the work has expired.
Possession or use of any part of the work prior to final acceptance and
payment shall not constitute acceptance of the work taken or used.
If such use of any part of the work prior to final acceptance and
contract time for completion increases the cost of the work or delays
its completion, the Contractor may be entitled to extra compensation.
After the contract time for completion has expired, the Contractor shall
not be entitled to extra compensation or extension of time due to such
use; neither shall the amount of the liquidated damages be reduced
because of partial use or occupancy.
1A.22 Guarantees. Each Contractor shall guarantee for a period of one year
from date of final acceptance by the Owner and shall leave the work in
perfect order at completion; and neither the final certificate of pay-
ment nor any provision in the contract documents shall relieve the
Contractor of the responsibility for negligency or faulty materials
or workmanship within the extent and period provided by law, and he
shall remedy any defects due thereto, and pay all expenses for any
damage to other work resulting therefrom. The guarantee shall be of
a longer period where so designated in the specifications.
1A.23 Commencement and Completion_of the Work. The Contractor shall commence
work under this contract on a tate to be specified in a written order
of the Owner and shall fully complete all work thereunder within the
number of consecutive calendar days noted on Proposal Form.
•
•
•
DIVISION 1
GENERAL REQUIREMENTS
1A.24 Job Sign. Contractor shall locate and paint 4' x 8' sign on site.
Sign shall contain name of building and Owner, name of Contractor,
Electrical Subcontractor, Heating and Cooling Subcontractor and
Plumbing Subcontractor, and name of the Architect. Sign shall be
designed and location as designated by the Architect.
•
•-•
•
re
DIVISION 1
CENERAL REQUIREMENTS
SECTION 18 - SCOPE OF CONTRACT
113 1 Extent of Work. This pro3ect consists of the construction of a new Animal
Shelter for the Fayetteville Humane Society, Inc., Fayetteville, Arkansas,
as called for in the drawings and specifications titled A New Animal Shelter
for Fayetteville Humane Society, Inc., as prepared by Smith & Russell,
Architects, dated March 1, 1988.
All work is to be included under one general contract and all bidders must
comply with the requirements of the Contractors' Licensing Law of the State
of Arkansas, Act 124 of 1939 and Act 159 of 1949 as amended by Act 183 of the
1957 Arkansas Legislature.
The drawings consist of numbered sheets as
and the Specificaitons consist of a number
as indicated in "Index" herein bound. All
are instructed to inspect all drawings and
that may be.a part of their work or affect
shown in "Schedule of Drawings",
of Divisions, Sections and Pages
Contractors and Subcontractors
specifications sections for items
their work.
IB 2 General Contract Base Bid. ThiS work shall include all General Contract work
as called for by Schedule of Drawings included in these specifications and
Specifications Division 1 through 16.
7 "I'
T 1
T
Fizm Evii
THE CITYtIF FAYETTEVILLE, ARKANSAS
•
DEPARTMENTAL CORRESPONDENCE
7.02
TO
Through
FROM
SUBJECT
Scott Linebaugh, Asst. City Manager
Kevin Crosson, Asst. Admin. Services DirectorkPc
Lib Horn, Animal Services Supervisor Lif
f'
Shelter Construction Fund Expenditures
DAM 3/23/90
The City of Fayetteville pledged $150,000 for the construction of a new Shelter,
with the Humane Society pledging the rest of the necessary construction funds.
To moot the City's commitment, $50,000 was put aside from the General Fund,
$501000 from sales tax revenues, and the remainder is on the pending bond issue.
The money was placed in the Escrow Animal Shelter Construction Account, Acct.
# 101-000-1-518.00.
A check for the amount will be turned over to the Humane Society and put in a
checking escrow account. This account will be managed by the Society and used
to pay construction invoices. The invoices will be audited by City Staff.
If there are any further questions, please contact me.
Thank you
• ••
7.03
ME CITY OF FAYETTEVIUE, ARKANSAS
March 22, 1990
Truman Yancey, Esq.
105 S. Church
Fayetteville, AR 72701
Re: Animal Shelter Contract
Dear Mr. Yancey:
This is to confirm our conversation of Thursday, March 22, 1990
regarding an addition to the AIA contract between the Humane
Society of the Ozarks, Inc. and Hunnicutt Construction Co., Inc.
As I related to you, the City would like their ownership interest
made reference to in the contract since the Humane Society is
referred to as the "owner".
I would suggest the following addition to be placed under Article
9 § 9.1.7:
The parties stipulate and agree that the Owner's
interest in the subject property is properly reflected
in the lease agreement between the Owner and the City of
Fayetteville, Arkansas dated August 15, 1989, attached
hereto and made a part hereof.
please let me know if the addition meets with your client's
approval at your earliest convenience. The bid approval is
scheduled to be placed on the •April 3, 1990 Board agenda.
If I may cooperate
Very tru y yours
Je ry E. Rose
City Attorney
JER/cbp
in any mann'e.r;.you have only to advise
'113 WEST.MOVNTAIN 72701 501 571-7700
7.04
TO:
THRU:
FROM:
DATE:
SUBJECT:
Fayetteville City Board of Directors
Scott C. Linebaugh, Assistant City Manager
William M. Griggs President tW'
Humane Society of the Ozarks
March 12, 1990
Humane Society Bid Approval for New Shelter
The Humane Society of the Ozarks hereby requests approval of the
selection of Hunnicutt Construction Co. Inc., as the contractor
for construction of the new Fayetteville Animal Shelter.
Hunnicutt Construction Co. Inc., submitted the lowest bid, in
the amount of $ 301,112.00. There were no exceptions to the bid
specifications as presented by the bidder. A bid tabulation
sheet is provided for your review:.
As approved in a
prior lease agreement between the City of
Fayetteville and
the Humane Society,
this project will
be funded
by the transfer
of $ 150,000.O0 from
the City's Escrow
Animal
Shelter Account
to an escrow account
to be drawn upon
by the
Humane Society as
construction invoices are presented.
The
balance will be
funded by the Humane
Society. Assets
to cover
the balance are
currently available.
William M. Griggs
President, H.S.O.
FAY ETTE L.E 7.05
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPOND
TO Kevin Crosson, Asst. Admin. Services Director
FROM Lib Horn, Animal Services Director .2
SUBJECT Ownership of New Animal Shelter DATE March 16, 1990
On this date, March 16, 1990, I contacted Bill Griggs, President of the Humane
Society regarding Shelter ownership.
He informed me that under the terms of the agreement between the City and the
Humane Society, the City is the Fee Simple Owner (Absolute Owner) of the new
Shelter. The Humane Society has an equity ownership which protects its invest-
ment.
Mr. Griggs asked me to please contact him should we have any further questions
regarding the bidding procedure, etc.
Thanks
7.241
LEASE AGREEMENT /7
THIS LEASE AGREEMENT executed this / x day of 1 ,
1989, by and between the City of Fayetteville, # rkansas,
hereinafter called Lessor, and Fayetteville Humane Society, Inc.,
hereinafter called Lessee.
WHEREAS, Lessor has adopted animal control ordinances which
are codified as Chapter 4 of the Fayetteville Code of Ordinances;
and
WHEREAS, pursuant to a separate agreement, Lessee serves as
Lessor's agent for the purpose of enforcing the City's animal
control ordinances and operating the City's animal shelter; and
WHEREAS, Lessor and Lessee propose to construct a new animal
shelter on real property owned by Lessor west of the existing
animal shelter site; and
WHEREAS, the cost of constructing a new animal shelter will
be shared by Lessor and Lessee.
NOW, THEREFORE, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, the "seal property described in Exhibit "A" attached
hereto and made a part hereof.
2. The initial
term of this lease shall be twenty (20) years
commencing on thes' day of ( _..,.fi 1989 and terminating on
the day of ___ , 2009, unless terminated earlier
pursuant to the provisions hereof.
Lessor hereby grants Lessee an option to extend the term of
this lease for up to three (3.) additional terms of twenty (20)
years each. Lessee shall exercise said option by giving Lessor
written notice at least ninety (90) days prior to the termination
date of the initial term or any extended term of this lease.
3. Lessee :shall use the demised premises solely for the
purpose of constructing, operating and maintaining an animal
control shelter. Should Lessee use the demised premises for any
other purpose, Lessor shall have the right to terminate this
agreement upon ten (10) days written notice to Lessee. Lessor
shall also have the right to terminate this agreement upon ten
(10) days written notice to Lessee if the separate agreement under
which Lessee serves as Lessor's agent to enforce the City's animal
control ordinances and operate the animal shelter is ever
terminated. Fee simple title to the new animal shelter shall be
vested in Lessor at all times.
4. Lessee agrees to pay, and Lessor agrees to accept, as
rental for said premises, the sum of $10.00 per year on or before
the last day of the first month of each year.
5. Lessee shall pay all real estate taxes and any
improvement district assessed benefits levied against the demised
premises and improvements constructed thereon. Lessee shall also
pay any installation charge and all monthly charges for
electricity„ Natural gas, water and sewer, sanitation, and cable
television service to the new animal shelter to be constructed.
6. During construction of the new animal shelter, Lessee
shall maintain, at Lessee's expense, builder's risk insurance in
an amount equivalent to the construction contract price. Upon
completion of the new animal shelter, Lessee shall maintain, at
Lessee's expense, during the term of this lease, and any extended
term, fire and extended coverage insurance in an amount equivalent
to the replacement cost of the new animal shelter; and, Lessee
shall maintain public liability insurance covering the demised
premises and new animal shelter for the benefit and protection of
7.25
•/
Lessor and Lessee in an amount not less than $ for
injuries to or death of one or more persons and not less than
S for property damage, arising out of any one
accident or occurrence. Lessee shall provide Lessor with a copy
of the insurance policies required hereby, or certificates
thereof, together with proof of payment of premium within twenty
(201 days after issuance of said policies. All insurance policies
required hereby shall name Lessor as an additional insured.
Should the new animal shelter be damaged or destroyed, insurance
proceeds shall be used to repair or re -construct the new animal
shelter.
7. Lessee shall be responsible for all maintenance at the
new animal shelter; and, Lessee shall, at Lessee's expense,
maintain the new animal shelter in a clean and orderly manner at
all times.
8. Upon completion of the new animal shelter, Lessee may
make additions thereto provided said additions are made at no cost
to Lessor.
9. Lessee shall not sublet any portion of the new animal
shelter, or any additions thereto, without the express written
consent of Lessor.
10. Lessee 'shall not encumber the new animal shelter or the
demised premises andshall pay all material men and laborers to
insure that no liens are filed thereon.
11. If •this agreement is terminated during the term of the
lease or any extended term, Lessor shall either:
a. refund to Lessee and to Washington County, Arkansas
an amount of moneyequivalent to the contributions made
by Lessee and Washington County, Arkansas for
construction of the new animal shelter, or
b. obtain an independent appraisal of the fair market
value of the demised premises and the new animal shelter
building., sell the land and new animal shelter at a sale
price consistent with the appraisal to the extent
possible, and divide the proceeds between the Lessor,
Lessee and Washington County, Arkansas on a pro rata
basis determined by the contributions made by Lessor.
Lessee and Washington County, Arkansas for construction
of the new animal shelter.
12. All notices given under this lease shall be sent by
certified mail; with return receipt, to the regular mailing
address of Lessor and Lessee. Said addresses are:
City of Fayetteville. Arkansas
c/o City Manager
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
Fayetteville Humane Society, Inc.
c/o President
P.O. Box 84
Fayetteville, AR 72702.
13. This agreement may be amended by mutual agreement of the
parties, but no •such amendment shall be effective unless evidenced
by a written agreement signed by the parties.
14. This agreement shall be binding upon the parties hereto
and upon their successors and assigns.
7.26
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate originals on the date first above written.
CITY OF F YETTEVILL , ARKANSAS
By:
Mayor
ATTEST:
City Cle
FAYETTEVILLE HUMANE SOCIETY, INC.
By: ��'� ;cs.•.��.N
.X1�e s ident
wan
7.28
RESOLUTION NO. 11-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A THREE YEAR CONTRACT WITH
THE HUMANE SOCIETY FOR OPERATION OF THE ANIMAL
SHELTER.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE; ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a three year contract with the
Humane Society to operate the City's animal shelter. A copy of
the contract authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of January , 1990.
APP
By:
ATTEST:
By:
City Clerk
CONTRACT FOR SERVICES
THIS AGREEMENT is made and entered into this day
of T OJUIOZ V 19'O by and between the City of ayetteville,
a municipal corporation of the State of Arkansas (hereafter
City), and the Fayetteville Humane Society, Inc. (hereafter Soci-
ety) for operation of the City of Fayetteville Animal Shelter
(hereafter Shelter) and enforcement of the animal control ordi-
nances of the City.
I. Purpose
The purpose of this contract
conditions, duration and funding
Society shall operate the Shelter
control ordinances of the City.
II. Contract Period
This contract shall commence
terminate on December 31, 1992,
tion pursuant to paragraph V of
III. Funding
is to establish the terms and
for services by which the
and shall enforce the animal
on January 1, 1990 and shall
unless there is earlier termina-
this contract.
A. Subject to the terms and conditions set forth in this
contract, the City hereby agrees to pay the Society the total sum
of fifteen thousand three hundred and seventy five dollars
($15,375.00) to be paid in twelve (12) equal installments, each
installment to be paid by the twelfth day of each month. This
amount will be renegotiated within 60 days of completion of the
new animal shelter and at the last Fayetteville City Board Meet-
ing of each calendar year for the life of this contract.
B. Animal license fees required by City ordinance regard-
less of where collected, and surrendered animal donations,
impoundment fees, boarding fees, adoption fees, and such other
fees and donations as are received at the Shelter and profits
realized by any sales through the Shelter shall be used by the
Society solely for performance of this contract. License fees
collected by the City shall be remitted by the twelfth day of
each month.
C. Funds remaining in the animal shelter operating account
on January 1 of each year shall be made available for the follow-
ing year's operations.
D. The Society shall furnish a surety bond in the sum of
twenty-five thousand dollars ($25,000) conditioned upon the
proper performance of the terms of this contract relating to
funding and licensing fees. It is specifically agreed that bond-
ing expenses may be charged against the Shelter operating funds.
E. The City shall allow to the Society the use of two (2)
appropriate and properly equipped vehicles for use in the patrol
of the City. The City shall maintain these vehicles, provide
routine servicing of them, maintain radio communication equipment
installed in them, and shall maintain liability insurance cover-
age.
F. Fees for insurance for coverage of the shelter workers
hired by the Society and to provide indemnity coverage for the
Society's Board of Directors in the pursuance of this contract,
may be charged to the Shelter's operating account.
G. The Society commits to pursue "fair share" funding.
Fair share funding shall be defined as contributions to the
Shelter operating budget based upon the percentage of use by the
City of Fayetteville and other municipalities or organizations.
H. The Society shall protect the City of Fayetteville from
operating costs incurred as a result of legal proceedings or the
seizure of animals by other municipalities where the City of
Fayetteville is not a party to the proceedings or seizure.
IV. Services
A. The Society shall issue, or cause to be issued, animal
licenses and shall collect, or cause to be collected, animal
license fees and related assessments required by the Fayetteville
Code of ordinances (hereafter City Code). The Society may dele-
gate such issuances and collections to licensed veterinarians and
may pay participating veterinarians at the rate of twenty-five
cents ($0.25) on licenses of one and two dollars ($1.00 and
$2.00) and fifty cents ($.50) on licenses of three and four dol-
lars ($3.00 and $4.00) for their services. The Society shall
provide tags and record forms. The Society shall maintain files
and records of all licenses issued and record all fees paid to '
veterinarians. Changes in fees due to changes in City ordinance
shall automatically apply to this contract.
B. The Society shall enforce all animal related ordinances
of the City, those initially in effect and those that may be
adopted during the contract period. In performing this responsi-
bility, the Society shall provide patrol response to the limit of
available resources but, with the exception of holidays, not less
than from 8:00 am until 8:00 pm Monday through Friday, and 8:00
am through 1:00 pm on Saturdays. Additionally, the Society shall
provide emergency response upon need as determined by the
Society.
C. The operation of the Shelter by the Society shall conform
to the guidelines of the Humane Society of the United States
(attachment A). The Society shall operate the shelter for ani-
mals originating in the City and is authorized to provide the
same services for such additional animals as may be appropriately
accommodated. The Society shall work on a regular basis to
obtain from Washington County and the incorporated cities within
the county, a reasonable rate of support to cover the expenses of
housing and caring for animals from these areas. With the excep-
tion of holidays, the Shelter shall be open to the public the
maximum number of hours permitted by resources available but, in
any case, not less than from 10:00 am until 5:00 pm Mondays
through Fridays and from 10:00 am until 1:00 pm on Saturdays.
D. The Society shall maintain a program of public informa-
tion dissemination regarding all aspects of animal care including
responsible animal ownership. Such information shall contin-
uously be made available to the community as a whole and shall
acknowledge the City's funding of this contract.
V. Termination
A. The City may terminate this contract at any time.
B. The Society may terminate this contract at any time.
C. The terminating party shall give written notice of ter-
mination by certified mail. Termination shall become effective
thirty (30) days after receipt of the written notice.
D. In the event of termination by the City, the City shall
pay the Society all documented; authorized expenditures incurred
by the Society, from the commencement date of this contract to
the date of termination. The payment of such expenditures shall
not exceed the total sum due the Society under this contract,
including previously made contract expenditures.
E.
shall
In the event of termination by the
deliver to the City all funds paid to
Society, the Society
it and amounts col-
lected
including
cords
which have not been expended
monthly payments, animal
shall be subject to immediate
pursuant
fees, and
audit.
to the contract,
animal licenses. Re
VI. Independent Contractor
A. It is specifically agreed between the parties to this
contract that it is not intended by any of the provisions or any
part of this contract to create in the public or any member
thereof or any individual employee of the Society, a third -party
beneficiary hereunder, or to authorize anyone not a party to this
contract including any employees of the Society to maintain a
suit for personal injuries or property damage pursuant to the
terms and provisions of this contract. By executing this con-
7.32
tract, the City does not waive its statutory tort immunity.
B. In the performance of its obligations under this con-
tract and in fulfillment of the performance standards referred to
in IV. C, above, it is understood and agreed that the Society is
at all times acting and performing as an independent contractor
and shall be accorded corresponding freedom in the performance of
its obligations. The Society agrees to be responsible for and to
protect, save harmless, and indemnify the City from and against
any losses, claims, demands, damages, injuries, death, or
expenses of whatsoever kind and nature which shall occur during
the term of this contract by virtue of the Society's obligations
•and performance under this contract.
VII. Personnel
A. The City shall provide, pay, maintain records on, and
.submit required reports for:
i. A Shelter Director to be responsible for all Shel-
ter and patrol operations.
ii. A Shelter Operator to be responsible for routine
contacts with the public,.maintenance of Shelter
records, telephone answering, dispatching of Animal.Ser-
vices Officers, and general maintenance of the office
operations.
iii. Two Animal Services Officers for operation of the
patrol and such other appropriate duties as may be
assigned by the Shelter Director.
B. The Shelter Operator and the Animal Services Officers
shall be under the supervision of, and report to, the Shelter
Director.
C. While the above personnel are employees of the City and
shall be employed, terminated and evaluated in accordance with
City procedures, the Society will function as the their day-to-
day supervisor. The Society's designated representative shall be
•able to review the records and interviews of applicants for these
positions through the City's Personnel Office and shall be able
to record comments on potential applicants and have these com-
ments entered into the Job Opening File including a recommend-
ation for discharge. Further, the Society shall be permitted to
record evaluative comments upon the performance of these person-
nel during their employment period through the Personnel Office.
The Society as shelter operator shall also have the right to
review and reject any candidate for any position as well as the
right to recommend individuals for these positions. Any evalu-
ative comments on applicants or on job performance of employees
shall be submitted to and reviewed by the City's Personnel Offi-
cer and/or City Manager.
7.33
D. The Society may supplement the above staff at the Shel-
ter, not to include the patrol operation, with part time and/or
full time employees, volunteers, or individuals ordered by the
Fayetteville Municipal Court to perform public service. All such
personnel shall be under the supervision of, and to report to,
the Shelter Director. All records and payments to time employees
shall be the responsibility of the Society.
VIII. Records
A. The Society shall provide the City with monitoring data
on a monthly form mutually agreed to by the City and the Society.
These data shall compare actual performance against projected
results. Such information shall include a record relating to
finances, training, services provided, a tabulation of animal
licenses sold, a narrative report of the past month's activities,
and a summary of future plans.
B. The Society shall set up an account or accounts separate
from its other operations such that full accountability is main-
tained of all funds received and dispersed for the Shelter and
the Patrol operations.
C. On or before February .28 of the following year, the
Society will, cause an independent financial audit to be made of
the shelter and patrol operations. Report of said audit will be
furnished to the City immediately upon completion thereof.
Expenses incurred by the Society as a result of this requirement
.may be charged against shelter operating funds.
D. The Society's Federal Identification Number is
71-0401481.
CITY OF FAYETTEVILLE
By /i %�c�% Attest
William V. Martin ayor `• City Clerk
FAYETTEVILLE HUMANE SOCIETY, INC.
By - i I Attest
William M. Griggs I, President Alice_ . D c"Secre
LEASE AGREEMENT
THIS LEASE AGREEMENT executed this /a x day of �,
1989, by and between the City of Fayetteville, rkansas,
hereinafter called Lessor, and Fayetteville Humane Society, Inc.,
hereinafter called Lessee.
WHEREAS, Lessor has adopted animal control ordinances which
are codified as Chapter 4 of the Fayetteville Code of Ordinances;
and
WHEREAS, pursuant to a separate agreement, Lessee serves as
Lessor's agent for the purpose of enforcing the City's animal
control ordinances and operating the City's animal shelter; and
WHEREAS. Lessor and Lessee propose to construct a new animal
shelter on real property owned by Lessor west of the existing
animal shelter site; and
WHEREAS, the cost of constructing a new animal shelter will
be shared by Lessor and Lessee.
NOW, THERRFoRE, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, the real property described in Exhibit "A" attached
hereto and made a part hereof.
2. The initial term of this lease shall be twenty (20) years
commencing on the "%s"^ day of ___ _ , 1989 and terminating on
the 15`' day of Q...�_ •-s`" , 2009, unless terminated earlier
pursuant to the provisions hereof.
Lessor hereby grants Lessee an option to extend the term of
this lease for up to three (3) additional terms of twenty (20)
years each. Lessee shall exercise said option by giving Lessor
written notice 'at least ninety (90) days prior to the termination
date of the initial term or any extended term of this lease.
3. Lessee shall use the demised premises solely for the
purpose of constructing, operating and maintaining an animal
control shelter. Should Lessee use the demised premises for any
other purpose, 'Lessor shall have the right to terminate this
agreement upon ten (10) days written notice to Lessee. Lessor
shall also have the right to terminate this agreement upon ten
(10) days written notice to Lessee if the separate agreement under
which Lessee .serves as Lessor's agent to enforce the City's animal
control ordinances and operate the animal shelter is ever
terminated. Fee "simple title to the new animal shelter shall be
vested in Lessor at all times.
4. Lessee 'agrees to pay, and Lessor agrees to accept, as
rental for said premises, the sum of $10.00 per year on or before
the last day of the first month of each year.
5. Lessee shall pay all real estate taxes and any
improvement district assessed benefits levied against the demised
premises and improvements constructed thereon. Lessee shall also
pay any installation charge and all monthly charges for
electricity, natural gas, water and sewer, sanitation, and cable
television service to the new animal shelter to be constructed.
6. During construction of the new animal shelter, Lessee
shall maintain, at Lessee's expense, builder's risk insurance in
an amount equivalent to the construction contract price. Upon
completion of the new animal shelter, Lessee shall maintain, at
Lessee's expense, during the term of this lease, and any extended
term, fire and extended coverage insurance in an amount equivalent
to the replacement cost of the new animal shelter; and, Lessee
shall maintain public liability insurance covering the demised
premises and new animal shelter for the benefit and protection of
Y"Y
Lessor and Lessee in an amount not less than $ for
injuries to or death of one or more persons and not less than
$ for property damage, arising out of any one
accident or occurrence. Lessee shall provide Lessor with a copy
of the insurance policies required hereby, or certificates
thereof, together With proof of payment of premium within twenty
(20) days after issuance of said policies. All insurance policies
required hereby shall name Lessor as an additional insured.
Should the new animal shelter be damaged or destroyed, insurance
proceeds shall be used to repair or re -construct the new animal
shelter.
7. Lessee shall be responsible for all maintenance at the
new animal shelter; and. Lessee shall, at Lessee's expense,
maintain the new animal shelter in a clean and orderly manner at
all times.
8. Upon completion of the new animal shelter, Lessee may
make additions thereto provided, said additions are made at no cost
to Lessor.
9. Lessee shall not sublet any portion of the new animal
shelter, or any additions thereto, without the express written
consent of Lessor.
10. Lessee shall not encumber the new animal shelter or the
demised premises and shall pay all material men and laborers to
insure that no liens are filed thereon.
11. if this agreement is terminated during the term of the
lease or any extended term. Lessor shall either:
a. refund to Lessee and to Washington County, Arkansas
an amount • of money equivalent to the contributions made
by Lessee and Washington County, Arkansas for
construction of the new animal shelter, or
b. obtain an :independent appraisal of the fair market
valueof the demised premises and the new animal shelter
building; sell the land and new animal shelter at a sale
price consistent with the appraisal to the extent
possible, and •divide the proceeds between the Lessor,
Lessee and Washington County, Arkansas on a pro rata
basis determined by the contributions made by Lessor.
Lessee and Washington County, Arkansas for construction
of the new animal shelter.
12. All notices given under this lease shall be sent by
certified mail, with return receipt, to the regular mailing
address of Lessor and Lessee. Said addresses are:
City of Fayetteville, Arkansas
c/o City Mahager
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
Fayetteville Humane Society, Inc.
c/o President
P.O. Box 84
Fayetteville, AR 72702.
13. This agreement may be amended by mutual agreement of the
parties, but no such amendment shall be effective unless evidenced
by a written agreement signed by the parties.
14. This agreement shall be binding upon the parties hereto
and upon their successors and assigns.
IN WITNESS WHEREOF,
in duplicate originals on
ATTEST:
City Cler
the parties have executed this agreement
the date first above written.
CITY OF F YETTEVZLL ARKANSAS
By:
Mayor
FAYETTEVILLE HUMANE SOCIETY, INC. L-flsideht
F.
EXHIBIT "A"
Description -Fayetteville Humane Society
Either Lot 2 or
in Book 457, page 287
Office of Circuit
County, Arkansas.
3 of Fayetteville Industrial Park, recorded
as per plat of said addition on file in the
Clerk and Ex -Officio Recorder of Washington
•
•t
iaI
C.
RESOLUTION NO. 11-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A THREE YEAR CONTRACT WITH
THE HUMANE SOCIETY FOR OPERATION OF THE ANIMAL
SHELTER.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a three year contract with the
Humane Society to operate the City's animal shelter. A copy of
the contract authorized for execution hereby is attached hereto
marked Exhibit "A" and made apart hereof.
PASSED AND APPROVED this 16th day of January , 1990.
APP
By:
ATTEST:
By • .ff (�/G GJ
City Clerk
1 .
CONTRACT FOR SERVICES
THIS AGREEMENT is made •and entered into this L_ _ day
of T __ , 19f 0 by and between the City of ayetteville,
a municipal corporation of the State of Arkansas (hereafter
City), and the Fayetteville Humane Society, Inc. (hereafter Soci-
ety) for operation of the City of Fayetteville Animal Shelter
(hereafter Shelter) and enforcement of the animal control ordi-
nances of the City.
I. Purpose
The purpose of this contract is to establish the terms and
conditions, duration and funding for services by which the
Society shall operate the Shelter and shall enforce the animal
control ordinances of the City..
II. Contract Period
This contract shall commence on January 1, 1990 and shall
terminate on December 31, 1992, unless there is earlier termina-
tion pursuant to paragraph V of this contract.
III. Funding
A. Subject to the terms and conditions set forth in this
contract, the City hereby agrees to pay the Society the total sum
of fifteen thousand three hundred and seventy five dollars
($15,375.00) to be paid in twelve (12) equal installments, each
installment to be paid by the twelfth day of each month. This
amount will be renegotiated within 60 days of completion of the
new animal shelter and at the last Fayetteville City Board Meet-
ing of each calendar year for the. -life of this contract.
B. Animal license fees required by City ordinance regard-
less of where collected, and surrenddered animal donations,
impoundment fees, boarding fees., adoption fees, and such other
fees and donations as are received •at the Shelter and profits
realized by any sales through the Shelter shall be used by the
Society solely for performance of this contract. License fees
collected by the City shall be remitted by the twelfth day of
each month.
C. Funds remaining in the animal shelter operating account
on January 1 of each year shall be made available for the follow-
ing year's operations.
•
5-
D. The Society shall furnish a surety bond in the sum of
twenty-five thousand dollars ($25,000) conditioned upon the
proper performance of the terms of this contract relating to
funding and licensing fees. It is specifically agreed that bond-
ing expenses may be charged against the Shelter operating funds.
E. The City shall allow to the Society the use of two (2)
appropriate and properly equipped vehicles for use in the patrol
of the City. The City shall maintain these vehicles, provide
routine servicing of them, maintain radio communication equipment
installed in them, and shall maintain liability insurance cover-
age.
F. Fees for insurance for coverage of the shelter workers
hired by the Society and to provide indemnity coverage for the
Society's Board of Directors in the pursuance of this contract,
may be charged to the Shelter's operating account.
G. The Society commits to pursue "fair share" funding.
Fair share funding shall be defined as contributions to the
Shelter operating budget based upon the percentage of use by the
City of Fayetteville and other municipalities or organizations.
H. The Society shall protect the City of Fayetteville from
operating costs incurred as a result of legal proceedings or the
seizure of animals by other municipalities where the City of
Fayetteville is not a party to the proceedings or seizure.
IV. Services
A. The Society shall issue, or cause to be issued, animal
licenses and shall collect, or cause to be collected, animal
license fees and related assessments required by the Fayetteville
Code of ordinances (hereafter City Code). The Society may dele-
gate such issuances and collections to licensed veterinarians and
may pay participating veterinarians at the rate of twenty-five
cents ($0.25) on licenses of one and two dollars ($1.00 and
$2.00) and fifty cents ($.50) on licenses of three and four dol-
lars ($3.00 and $4.00) for their services. The Society shall
provide tags and record forms. The Society shall maintain files
and records of all licenses issued and record all fees paid to
veterinarians. Changes in fees due to changes in City ordinance
shall automatically apply to this contract.
B. The Society shall enforce all animal related ordinances
of the City, those initially in effect and those that may be
adopted during the contract period. in performing this responsi-
bility, the Society shall provide patrol response to the limit of
available resources but, with the exception of holidays, not less
than from 8:00 am until 8:00 pm Monday through Friday, and 8:00
am through 1:00 pm on Saturdays. Additionally, the Society shall
provide emergency response upon need as determined by the
Society.
-
C. The operation of the Shelter by the Society shall conform
to the guidelines of the Humane Society of the United States
(attachment A). The Society shall operate the shelter for ani-
mals originating in the City and is authorized to provide the
same services for such additional animals as may be appropriately
accommodated. The Society shall work on a regular basis to
obtain from Washington County and the incorporated cities within
the county., a reasonable rate of support to cover the expenses of
housing and caring for animals from these areas. With the excep-
tion of holidays, the Shelter shall be open to the public the
maximum number of hours permitted by resources available but, in
any case, not less than from 10:00 am until 5:00 pm Mondays
through Fridays and from 10:00 am until 1:00 pm on Saturdays.
D. The Society shall maintain a program of public informa-
tion dissemination regarding all aspects of animal care including
responsible animal ownership. Such information shall contin-
uously be made available to the community as a whole and shall
acknowledge the City's funding of this contract.
V. Termination
A. The City may terminate this contract at any time.
B. The Society may terminate this contract at any time.
C. The terminating party Shall give written notice of ter-
mination by certified mail. Termination shall become effective
thirty (30) days after receipt 'of the written notice.
D. In the event of termination by the City, the City shall
pay the Society all documented, authorized expenditures incurred
by the Society, from the commencement date of this contract to
the date of termination. The payment of such expenditures shall
not exceed the total sum due the Society under this contract,
including previously made contract expenditures.
E. In the event of termination by the Society, the Society
shall deliver to the City all funds paid to it and amounts col-
lected which have not been expended pursuant to the contract,
including monthly payments, animal fees, and animal licenses. Re
cords shall be subject to immediate audit.
VI. Independent Contractor
A. It is specifically agreed between the parties to this
contract that it is not intended by any of the provisions or any
part of this contract to create in the public or any member
thereof or any individual employee of the Society, a third -party
beneficiary hereunder, or to authorize anyone not a party to this
contract including any employees of the Society to maintain a
suit for personal injuries or property damage pursuant to the
'terms and provisions of this contract. By executing this con-
• 3.
• wri
r, A
tract, the City does not waive its statutory tort immunity.
B. In the performance of its •obligations under this con-
tract and in fulfillment of the performance standards referred to
in IV. C, above, it is understood and agreed that the Society is
at all times acting and performing as an independent contractor
and shall be accorded corresponding freedom in the performance of
its obligations. The Society agrees to be responsible for and to
protect, save harmless, and indemnify the City from and against
any losses, claims, demands, damages, injuries, death, or
expenses of whatsoever kind and nature which shall occur during
the term of this contract by virtue of the Society's obligations
and performance under this contract.
VII. Personnel
A. The City shall provide, pay, maintain records on, and
submit required reports for:
i. A Shelter Director to be responsible for all shel-
ter and patrol operations.
ii. A Shelter Operator to be responsible for routine
contacts with the public, maintenance of Shelter
records, telephone answering, dispatching of Animal Ser-
vices Officers, and general maintenance of the office
operations.
iii. Two Animal Services Officers
patrol and such other appropriate
assigned by the Shelter Director.
for operation of the
duties as may be
B. The Shelter Operator and the Animal Services Officers
shall be under the supervision of, and report to, the Shelter
Director.
C. While the above personnel are employees of the City and
shall be employed, terminated and evaluated in accordance with
City procedures, the Society will function as the their day-to-
day supervisor. The Society's designated representative shall be
able to review the records and interviews of applicants for these
positions through the City's Personnel Office and shall be able
to record comments on potential applicants and have these com-
ments entered into the Job Opening File including a recommend-
ation for discharge. Further, the Society shall be permitted to
record evaluative comments upon the performance of these person-
nel during their employment period through the Personnel Office.
The Society as shelter operator shall also have the right to
review and reject any candidate for any position as well as the
right to recommend individuals for these positions. Any evalu-
ative comments on applicants or en job performance of employees
shall be submitted to and reviewed by the City's Personnel Offi-
cer and/or City Manager.
4 M ' ti
s :-
D. The Society may supplement the above staff at the Shel-
ter, not to include the patrol operation, with part time and/or
full time employees, volunteers, or individuals ordered by the
Fayetteville Municipal Court to perform public service. All such
personnel shall be under the supervision of, and to report to,
'the Shelter Director. All records and payments to time employees
shall be the responsibility of the Society.
VIII. Records
A. The Society shall provide the City with monitoring data
on a monthly form mutually agreed to by the City and the Society.
These data shall compare actual performance against projected
results, Such information shall include a record relating to
finances, training, services provided, a tabulation of animal
licenses sold, a narrative report of the past month's activities,
and a summary of future plans.
B. The Society shall set up an account or accounts separate
from its other operations such that full accountability is main-
tained of all funds received and dispersed for the Shelter and
the Patrol operations.
C. On or before February 28 of the following year, the
Society will, cause an independent financial audit to be made of
the shelter and patrol operations.. Report of said audit will be
furnished to the City immediately upon completion thereof.
Expenses incurred by the Society as a result of this requirement
may be charged against shelter operating funds.
D. The Society's Federal Identification Number is
71-0401481.
CITY OF FAYETTEVILLE
By % Attest 1 S F, ri tea/
William V. Martin ayor '` City Clerk
!�. FAYETTEVILLE HUMANE SOCIETY, INC.
By /Attesj t
William M. Griggs I, P�r-esident Alice. . D c ecre