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HomeMy WebLinkAbout95-10 RESOLUTIONRESOLUTION NO. 95-10 A RESOLUTION AWARDING BID #10-35 AND APPROVING A CONTRACT WITH ALL AROUND LANDSCAPING, INC. IN THE AMOUNT OF $96,185.00 FOR PLANTING AND MAINTENANCE OF TREES, AND PROVIDING 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 #10-35 and approves a contract with All Around Landscaping, Inc. in the amount of $96,185.00 for planting and maintenance of trees. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. PASSED and APPROVED this 1st day of June, 2010. APPROVED: ATTEST: By: SONDRA E. SMI4, CityClerk/Treasurer surer `����n�►irrr ,� C.. & 2V• •� • • : FAY ETT EVI LLE Con3id- adw -Aoa C Lia?u) Okbacati (DY1 Ok-e. awatoo Greg Howe Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/1/2010 City Council Meeting Date Agenda Items Only Park Planning/Urban Forestry Parks and Recreation Division Action Required: A resolution awarding Bid #10-35 and approval of a contract with All Around Landscaping, Inc. in the amount of $96,185 with a 10% project contingency of $9,619 for a total project cost of $105,804 for the planting and maintenance of trees for the Tree Escrow Fund and Ice Storm Recovery Grant. Department 105,803.50 Cost of this request 4470.9470.5315.00 Account Number 09032.1 08001.2-5 239,656.00 Category / Project Budget 8,375.00 Funds Used to Date $ 231,281.00 Project Number Remaining Balance Budgeted Item Budget Adjustment Attached Ice Storm Recovery Grant Tree Escrow Funds Program Category / Project Name Contract Services Program / Project Category Name Grant Sales Tax/Tree Escrow Fund Name epartm t Director C.Attorney x'0.9 a . D.....1..-, Finance and Internal Services Director Date S -2y I Date 5 26I� Date Previous Ordinance or Resolution # 254-09 MIIIMINSIMMOMMIIMIONOMMINI Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: Revised January 15, 2009 raveflevile THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director, Alison Jumper, Park Planning Superintendent From: Greg Howe, Urban Forest Date: May 19, 2010 Subject: Bid # 10-35 Tree Planting and Maintenance Project PROPOSAL: On December 15th, 2009, the City Council passed Resolution Number 254-09 authorizing the Mayor to accept the Ice Storm Recovery Grant from the Arkansas Forestry Commission with funding from the U.S. Forest Service. The grant included $61,915 to replace and maintain trees damaged or removed due to the January 2009 ice storm. The City is matching the grant funds with in-kind personnel, supplies and equipment estimated at $69,510. Approximately $28,930 will be funded from the Tree Escrow Accounts. The bid for the 2010 Tree Planting and Maintenance Project included planting and maintaining trees for the Ice Storm Recovery Grant and the Tree Escrow Fund. The bid was advertised on April 29th and May 5th and opened on May 18th. Four vendors including All Around Landscaping, Inc., B&H Specialties, Dixion Contracting, Inc. and Second Nature Property Management, LLC. submitted bids with All Around Landscaping, Inc. being the low bid in the amount of $88,041. Cost including tax is $96,185. If approved, the trees funded by the ice storm recovery rant will be planted by August 13th and trees funded by the Tree Escrow Fund will be planted by December 15t1, 2010. The bid includes a ninety day maintenance and guarantee period for trees and associated materials making the contract completion date March 15th, 2011. RECOMMENDATION: A resolution awarding Bid #10-35 and approval of a contract with All Around Landscaping, Inc. in the amount of $96,185 with a 10% project contingency of $9,619 for a total project cost of $105,804 for the planting and maintenance of trees for the Tree Escrow Fund and Ice Storm Recovery Grant. BUDGET IMPACT: The project is funded with Ice Storm Recovery Grant Funds and Tree Escrow Funds. Total project cost including a 10 % project contingency is $105,804. THE CITY OF FAYETTEVILLE, ARKANSAS Attachments: Planting Location Maps Resolution No 254-09 Bid Tab Contract Agreement Signed by Contractor Purchase Requisition AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the 5_ day of `1 j 4\L. in the year 2010 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and All Around Landscaping, 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. This project includes the installation of trees along street rights-of-way and within city parks located within the city limits of Fayetteville, Arkansas. Street and park tree plantings include providing and installing minimum 2" caliper trees, as specified, along with any additional required tree installation supplies used in the performance of this contract. Additionally, the project includes installing and maintaining 25 -gallon ooze tubes for irrigation and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project is being managed by: Greg Howe City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will hereinafter be 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. All trees identified as "GRANT" trees must be installed no later than August 13, 2010. All trees identified as "ESCROW" trees must be installed no later than December 15, 2010. Maintenance and the 90 day guarantee period may extend beyond these installation dates. 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 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) Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 1 of 8 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. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 2 of 8 PAYMENT ITEMS All Around Landscaping, Inc. JTEMl1;', - . , DESCRIPTION f ' _ , °,, UNIT -EST. QTY:! UNIT PRICE - TOTAL . k. 1 Mobilization (not to exceed 5% of project bid) L.S. 1 $1,924.00 $1,924.00 2 Bur Oak Quercus macrocarpa - Complete in place per specifications, details & manufacturers' instructions E.A. 9 $172.00 $1,548.00 3 Pin Oak Quercus palustris - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $170.00 $680.00 4 Post Oak Quercus stellata - Complete in place per specifications, details & manufacturers' instructions E.A. 44 $209.00 $9,196.00 5 Shumard Oak Quercus shumardii - Complete in place per specifications, details & manufacturers' instructions E.A. 19 $170.00 $3,230.00 6 Water Oak Quercus nigra - Complete in place per specifications, details & manufacturers' instructions E.A. 23 $153.00 $3,519.00 7 White Oak Quercus alba - Complete in place per specifications, details & manufacturers' instructions E.A. 16 $190.50 $3,048.00 8 Willow Oak, Quercus phellos, Cultivar Hightower - Complete in place per specifications, details & manufacturers' instructions E.A. 57 $172.00 $9,804.00 9 Red Maple Acer rubrum Cultivar Autumn Flame - Complete in place per specifications, details & manufacturers' instructions E.A. 14 $153.50 $2,149.00 10 Red Maple Acer rubrum Cultivar Red Sunset - Complete in place per specifications, details & manufacturers' instructions E.A. 5 $147.95 $739.75 11 Sugar Maple Acer saccharum - Complete in place per specifications, details & manufacturers' instructions E.A. 47 $181.25 $8,518.75 12 Loblolly Pine Pinus taeda - Complete in place per specifications, details & manufacturers' instructions E.A. 17 $135.00 $2,295.00 13 Shortleaf Pine Pinus echinata - Complete in place per specifications, details & manufacturers' instructions E.A. 49 $144.25 $7,068.25 14 Mockernut Hickory Carya tomentosa - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $209.00 $836.00 15 Shagbark Hickory Carya ovata - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $227.50 $910.00 16 American Elm Ulmus americana Cultivar Prospector - Complete in place per specifications, details & manufacturers' instructions E.A. 30 $200.00 $6,000.00 17 Bald Cypress Taxodium distichum - Complete in place per specifications, details & manufacturers' instructions E.A. 7 $116.50 $815.50 18 Blackgum Nyssa sylvatica - Complete in place per specifications, details & manufacturers' instructions E.A. 6 $209.00 $1,254.00 19 Black Walnut Juglans nigra - Complete in place per specifications, details & manufacturers' instructions E.A. 9 $209.00 $1,881.00 20 Kentucky Coffeetree Gymnocladus dioicus Cultivar Prairie Titan - Complete in place per specifications, details & manufacturers' instructions E.A. 65 $193.33 $12,566.45 21 Redbud Cercis canadensis - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $135.00 $540.00 22 Sweetgum Liquidambar styraciflua Cultivar Rotundiloba - Complete in place per specifications, details & manufacturers' instructions E.A. 30 $163.00 $4,890.00 23 Southem Magnolia Magnolia grandiflora Cultivar Bracken's Brown Beauty - Complete in place per specifications, details & manufacturers' instructions E.A. 5 $135.00 $675.00 24 Tulip Poplar Liriodendron tulipifera - Complete in place per specifications, details & manufacturers' instructions E.A. 10 $153.50 $1,535.00 25 White -flowering Dogwood Comus fiorida - Complete in place per specifications, details & manufacturers' instructions E.A. 3 $164.60 $493.80 26 Site Restoration L.S. 1 $1,924.00 $1,924.00 TOTAL CONTRACT AMOUNT $88,040.50 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.B 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 Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 3 of 8 as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.6.5 & 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), Tess 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. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.6 & 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: Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 4 of 8 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 sites and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 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 Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 5 of 8 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). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents thereof. 7.8. Addenda numbers , inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through four with each sheet bearing the following general title: 2010 Tree Planting and Maintenance Project. 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. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 6 of 8 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 7 of 8 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and two counterparts have 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 (o' / / , 2010 (which is the Effective Date of The Agreement). CITY OF FAY: TTEVILLE: CONTRACTOR B ayor [CORPORATE SEAL] Attest ROQ9/ Address for giving noti ev%` :01t ITR ''% G\1 Y O,(-• `•)& .F= °�'= __ : FAYETTEVILLE; v.° • 9syq:5'kANsP. Jam: Ii., GTON�0 By: * If a Corporation, attest by the Secretary. Address for giving notices Ib�� 5. i'614 �7r briZINYMI (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.) Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 8 of 8 i= i_, c. i instructions: File in DUPLICATE with the Secretary of State, State Capitol, tI e~ Flat t i7y22t 11 1094 with payment of fees. Duplicate copy will be returned to the corporation at the listed address. PLEASE TYPE OR PRINT JAN21 PM 3:39 E"SH ^ State of Arkansas - Office of Secretary ARTICLES OF INCORPORATION -- of All Around Landscaping, Incorporated LS T TATE s The undersigned, acting as incorporators of a corporation under the Arkansas Business Corporation Act (Act 958 of 1987), adopt the following articles of incorporation of such Corporation: First: The Name of the Corporation is: All Around Landscaping, Incorporated Must contain the word "Corporation", "Incorporated", "Company", "Limited", or the abbreviation "Corp.", "Inc.", "Co.", or "Ltd." or words or abbreviations of like import in another language. Second: The aggregate number of shares which the corporation shall have the authority to issue is 2,000 share. The- designation of each class, the number of shares of each class, or a statement that the shares of any class are without par value, are as follows: Par Value Per Share Or Number of Statement That Shares Shares Class Series (If Any) Are Without Par Value 2,000 Shares Common Shares are without Par Value Third: The initial registered office of this corporation shall be located at 19420 Sonora Rd., Springdale, AR 72764 and the name of the initial registered agent of this corporation at that address is Michael L. Steenbergen Fiiittg Fee: $50.00 PN-01JFlEV. 3-11-92 Fourth: The name and address of each incorporator is as follows: NAME Michael L. Steenbergen Jo Steenbergen ADDRESS 19420 Sonora Rd., Sorin dale, AR 72764 19420 Sonora Rd., rin•dale, AR 72764 Fifth: The nature of the business of the corporation and the object or purposes proposed to be transacted, promoted or carried on by it, are as follows: (a) The primary purpose of the corporation shall be Landscaping (b) To conduct any other business enterprise not contrary to law. (c) To exercise all of the powers enumerated in Section 4-27-302 of the Arkansas Business Corporation Act. Sixth: EXECUTED this day of President Title (Pres., other officer, Chairman of the Board or by Incorporator pending election of corporate officers) RESOLUTION NO. A RESOLUTION AWARDING BID #10-35 AND APPROVING A CONTRACT WITH ALL AROUND LANDSCAPING, INC. IN THE AMOUNT OF $96,185.00 FOR PLANTING AND MAINTENANCE OF TREES, AND PROVIDING 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 #10-35 and approves a contract with All Around Landscaping, Inc. in the amount of $96,185.00 for planting and maintenance of trees. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. PASSED and APPROVED this 1St day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Bid 10-35, Tree Planting and Maintenance Detailed Bid Tab: 05/18/10 - 2:00 PM, Central Standard Time ITEM# DESCRIPTION UNIY °• E$T QTY All Afound Landscaping Inc - B&H Specialties Dixon Contracting; Ino- 'Second Nature Property y Managemgnt LlC ,3N> IT.PRtCE, ;TOTAL.::,, :t:il NJITsR.Ri¢6 TO:TAL ..,,., . LINIT,P..RIC6I'....,.,,TOTAL`:;t g-1, 17.NL1 R t)0:FP '.�`n `fOTAI. ;. :: 1 Mobilization (not to exceed 5% of project bid) LS. 1 $1,924.00 $1,924.00 $5,382.00 $5,382.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 2 Bur Oak Quercus macrocarpa -Complete in place per specifications, details & manufacturers' instructions E.A. 9 $172.00 $1,548.00 $288.50 $2,596.50 6600.00 $5,400.00 $310.00 $2,790.00 3 Pin Oak Quercus palustris - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $170.00 $680.00 $288.50 $1,154.00 $600.00 $2,400.00 $310.00 $1,240.00 4 Post Oak Quercus stellate - Complete in place per specifications, details & manufacturers' instructionsE.A. 44 $209.00 $9,196.00 $288.50 $12,694.00 $600.00 $26.400.00 $310.00 $13,640.00 5 Shumard Oak Quercus shumardii - Complete in place per specifications, details & manufacturers' instructions E.A. 19 $170.00 $3,230.00 6288.50 $5,481.50 $600.00 811,400.00 $310.00 $5,890.00 6 Water Oak Quercus nigra - Complete in place per specifications, details & manufacturers' instructions E.A. 23 $153.00 $3,519.00 8288.50 $6,635.50 8600.00 $13,800.00 $310.00 $7,130.00 7 White Oak Quercus alba - Complete in place per specifications, details & manufacturers' instructions E.A. 16 $190.50 $3,048.00 $288.50 $4,616.00 $600.00 $9,600.00 $310.00 $4,960.00 8 Willow Oak, Quercus phellos, Cultivar Hightower - Complete in place per specificelions, details & manufacturers' instructions E.A. 57 $172.00 69,804.00 $288.50 $16,444.50 $600.00 $34,200.00 $310.00. $17,670.00 9 Red Maple Acer rubrum Cultivar Autumn Flame - Complete in place per specifications, details & manufacturers' instructions E.A. 14 $153.50 $2,149.00 $288.50 $4,039.00 $600.00 $8,400.00 $310.00 $4,340.00 10 Red Maple Acer rubrum Cultivar Red Sunset - Complete in place per specifications, details & manufacturers' instructions E.A. 5 $147.95 $739.75 $288.50 $1,442.50 $600.00 $3,000.00 $310.00 $1,550.00 11 Sugar Maple Acer saccharum - Complete in place per specifications, details & manufacturers' instructions E.A. 47 $181.25 $8,518.75 $288.50 $13,559.50 8600.00 $28,200.00 $310.00 $14,570.00 12 Loblolly Pine Pinus taeda - Complete in place per specifications, details & manufacturers' instructions EA. 17 $135.00 $2,295.00 $288.50 $4,904.50 $600.00 $10,200.00 $310.00 $5,270.00 13 Shortleaf Pine Pinus echinate - Complete in place per specifications, details & manufacturers' instructions EA. 49 $14425 $7,068.25 $288.50 814,136.50 8600.00 629.400.00 $310.00 $15,190.00 14 Mockemut Hickory Carya tomentosa - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $209.00 $836.00 $288.50 $1,154.00 8600.00 $2.400.00 $310.00 $1,240.00 15 Shagbark Hickory Carya ovate - Complete in place per specifications. details & manufacturers' instructions E.A 4 $227.50 $910.00 $288.50 $1,154.00 $600.00 82,400.00 $310.00 81,240.00 16 American Elm Ulmus americana Cultivar Prospector - Complete in place per specifications, details & manufacturers' instructions E.A. 30 $200.00 $6,000.00 8288.50 $8,655.00 $600.00 $18,000.00 $310.00 $9,300.00 17 Bald Cypress Taxodium distichum - Complete in place per specifications, details & manufacturers' instructions E.A. 7 8116.50 $815.50 $288.50 $2,01950 $600.00 $4,200.00 $310.00 $2,170.00 18 Blackgum Nyssa sylvatice -Complete in place per specifications, details & manufacturers' Instructions E.A. 6 $209.00 $1,254.00 $288.50 $1,731.00 $600.00 $3,600.00 $310.00 81,860.00 19 Black Walnut Juglans nigra - Complete in place per specifications, details & manufacturers' instructions EA 9 . $209.00 $1,881.00 $288.50 $2,596.50 $600.00 $5,400.00 $310.00 82,790.00 20 Kentucky Coffeetree Gymnocladus dioicus Cultivar Prairie Titan - Complete in place per specifications, details & manufacturers' instructions EA. 65 $193.33 $12,566.45 $28850 $18,752.50 $600.00 $39,000.00 $310.00 $20,150.00 21 Redbud Cards canadensis - Complete in place per specifications, details & manufacturers' instructions E.A. 4 $135.00 $540.00 $288.50 $1,154.00 8600.00 $2,400.00 $310.00 81,240.00 22 Sweetgum Uquidambar styredfiva Cultivar Rotundiloba - Complete in place per specifications, details & manufacturers' instructions EA. 30 $163.00 $4,890.00 $288.50 $8,655.00 $600.00 $18,000.00 $310.00 $9,300.00 23 Southem Magnolia Magnolia grandiflora Cultivar Bracken's Brown Beauty - Complete to place per specifications, details & manufacturers' instructions ' E.A. 5 $135.00 $675.00 $288.50 $1,442.50 $600.00 $3,000.00 $310.00 $1,550.00 24 Tulip Poplar Liriodendron tulipifera - Complete in place per specifications, decals & manufacturers' instructions EA. 10 $153.50 $1,535.00 $288.50 $2,885.00 $600.00 $6,000.00 $310.00 $3,100.00 25 White -Flowering Dogwood Cornus Florida - Complete in place per specifications, details & manufacturers' instructions EA. 3 $164.60 $493.80 $288.50 $865.50 8600.00 $1,800.00 $310.00 $930.00 26 Site Restoration L.S. 1 $1.924.00 $1,924.00 $500.00 $500.00 85,000.00 $5,000.00 $3,500.00 $3,500.00 TOTAL BID AMOUNT $88 040.50 $144,650.50 $298,600.00 $160,110.00 CERTIFIED: `NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. PrLQP.. EGR 06 /t /(a _ DATA WHEELER \OHNSON hojrrre OY 004140 Pa mut xgnuN --_ZION ROA SALEM i MEADOWS Sl '►IVI I N i C-4-- 1--I- r 1 t ;cua CROFTON MANOR.11 o- SUBDIVISION ktf FAIRFIELD SUBDIVISION r t "'�U T COMFORT RIV 1_ _I- JOYCE BLVD 'wF INiA�77' ` Bryce Deets Pork EDINCT MAGNOLIA J - PLACE Gulley Pork fTI SSION J L., __ I 1 • i 1 ! I !•_ I • SKYLAR PLACE Wilson Pork LEGEND i CITY LIMITS PARK QUADRANT 'CENTER ST \- TRIP X • JENNING MILLS ;.; APARTMENTS ARTIN LUTHER KING R VD t, I —Iiu T+ k- ; i BENTON RIDGE SUBDIVISION GOSHE'N CITY PROPERTY ley Lake Sequoyol+ • HOMETOWN DEVELOPMENT ..� t i `Liy t 0 1 2 1 INCH = 1 MILE • AIis1001IOn A. [xr, I.ituuz: Nuulbet )i' sur 2 Iu PVHEELER RED OAK PARK !—__—WFD1N. BRYCE DAVIS PARK - SCULL CREEK TRAIL r. 1 ' 1 IL__i r 21 I .I I —YO_ M�UN COMFORT RDV LAKE FAYETTEVILLE PARK & TRAIL Jl JOHNSON DAVID LASHLEY PARK t / e t rJOYCI E BLVD ' i ) t J RAVEN TRAIL GULLEY•�f.i 45 TO \,._ PARK ; ..----COSHEN ISSION a HARMONYL POINTE PARK LEGEND i T__f 1 ._1 cdPRSVN LitNi/`�.� FA MINCTO41 r WILSON PARK Ij L_— o iu — I MARTIN LUTHER KING JR BLVD NORTH STREET PARK QUADRANT ! 1551 I STREET �r — WALKER PARK U 'rt N�S ILLE �,� .'- �D 1 1 r ter. ` rf i FINGER -"` PARK 0 1 2 1 INCI-I = 1 MILL LOkO Seyuoyol: iTo ELKIN\ Alison A. Jumtxx 1 Licm.Numba337 1 z O0. Tn ELI 3 Q 06 N C mS Cen U 3 RESOLUTION NO. 254-09 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT AN URBAN FORESTRY ICE STORM DAMAGE ASSESSMENT AND RESTORATION GRANT IN THE AMOUNT OF $81,9I5,00 FROM TITS ARKANSAS FORESTRY COMMISSION; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE 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 authorizes the Mayor to accept an Urban Forestry Ice Storm Damage Assessment and Restoration Grant in the amount of $81,915.00 from the Arkansas Forestry Commission to assist in compensation for tree loss due to the 2009 ice storm. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution and incorporated herein as if set out word for word, recognizing the grant revenue. `tOiHitlrri PASSED and APPROVED this 15th day of December, 200 °`°G� 1 — '6' •`'• °:FAYETTEVILLE : P o �J�s°P/'i1fl�{�Spo J��` dA✓ '617 () ce °40ee-ee`r ''G``� By: 014(ft-) c �I SONDRA E. SMITH, City Clerk/Treasurer APPROVED: ATTEST: (5/28/2010) Sondra Smith - Purchase Order Page 1 From: Tracie Martin To: Vice, Peggy CC: Fell, Barbara; Howe, Gregory; Smith, Sondra Date: 5/28/2010 8:16 AM Subject: Purchase Order Attachments: 3132_001.pdf Attach is the corrected Purchase order for the Tree Maintenance and planting bid. We had this final revision due to the tax changes. Amounts were lowered on the line items to account for the tax charges. This will offset the tax amount once billed, and reduce the need for a Budget Adjustment. Thanks Tracie A. Martin Financial Coordinator Fayetteville Parks and Recreation 479.444.3406 479.521.7714 (fax) 479.521.1316 (City -Telecommunication Device for the Deaf) Visit us on the web: www.accessfayetteville.org(htta://www.accessfavetteville.org/ ) Join us for program announcements, updates, pictures and game cancellations at: http://twitter.com/fayparksandrec The U.S. Census takes place during March and April of this year. BE COUNTED! Your community is counting on you! Requisition o.: Date: City Of Fayetteville - Purchase Order (PO) Request 5/19/2010 (Not a Purchase Order) P.O Number: expected Delivery Date: All purchases under $2500 shall be used on a P -Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail: Purchasing@ci.fayetteville.ar us Vendor #: Vendor Name: Mail Yes:_ No:_ 4993 All Around Landscaping Address: Fob Point: Taxable Quotes Attached 1632 S. 56th St Yes:_ No:_ Yes: x No: City: State: Zip Code: Ship to code: Divison a qY. —s.--~ _" Springdale AR 72762 Requester: Requester's Employee #: Extension. Greg Howe 3202 470 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory # Fixed Asset # 1 Tree Planting and I LS 56,224.00 $56,224.00 4470.9470.5315.00 09032.1 Maintenance Project - Grant 2 Tree Planting and Maint. 1 LS 20,307.00 $20,307.00 4470.9470.5315.00 08001.2 Project - Escrow NW 3 Tree Planting and Maint 1 LS 255.00 . $255.00 4470.9470.5315.00 08001.3 Project - Escrow NE 4 Tree Planting and Maint 1 LS 685.00 $685.00 4470.9470.5315.00 08001.4 Project - Escrow SW 5 Tree Planting and Maint 1 LS 10,570.00 $10,570.00 4470.9470.5315.00 08001.5 Project - Escrow SE 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Subtotal: $88,041.00 Tax is included in the bid 10-35 price Tax: $8,143.79 Total: $96,184.79 Approvals: Mayor: - - Department Director: - Purchasing Manager: - Finance & Internal Services Director. Budget Manager: IT Manager. Dispatch Manager: Utilities Manager: Other. AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2010 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and All Around Landscaping, 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. This project includes the installation of trees along street rights -of -way and within city parks located within the city limits of Fayetteville, Arkansas. Street and park tree plantings include providing and installing minimum 2" caliper trees, as specified, along with any additional required tree installation supplies used in the performance of this contract. Additionally, the project includes installing and maintaining 25 -gallon ooze tubes for irrigation and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project is being managed by: Greg Howe City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will hereinafter be 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. All trees identified as "GRANT" trees must be installed no later than August 13, 2010. All trees identified as "ESCROW" trees must be installed no later than December 15, 2010. Maintenance and the 90 day guarantee period may extend beyond these installation dates. 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 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) Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 1 of 8 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. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 2 of 8 PAYMENT ITEMS All Around Landscaping, Inc. ITEM# DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL I Mobilization (not to exceed 5% of project bidl L.S. 1 $1,924.00 $1,924.00 Bur Oak Quercus macrocarpa - Complete in place per specifications, details & manufacturers' 2 instructions E.A. 9 $172.00 $1,548.00 Pin Oak Quercus palustris - Complete in place per specifications, details & manufacturers' 3 instructions E.A. 4 $170.00 $680.00 Post Oak Quercus stellate - Complete in place per specifications, details & manufacturers' 4 instructions E.A. 44 $209.00 $9,196.00 Shumard Oak Quercus shumardii - Complete in place per specifications, details & 5 manufacturers' instructions E.A. 19 $170.00 $3,230.00 Water Oak Quercus nigra - Complete in place per specifications, details & manufacturers' 6 instructions E.A. 23 $153.00 $3,519.00 White Oak Quercus alba - Complete in place per specifications, details & manufacturers' 7 instructions E.A. 16 $190.50 $3,048.00 Willow Oak, Quercus phellos, Cultivar Hightower - Complete in place per specifications, details 8 & manufacturers' instructions E.A. 57 $172.00 $9,804.00 Red Maple Acer rubrum Cultivar Autumn Flame - Complete in place per specifications, details & 9 manufacturers' instructions E.A. 14 $153.50 $2,149.00 Red Maple Acer rubrum Cultivar Red Sunset - Complete in place per specifications, details & 10 manufacturers' instructions E.A. 5 $147.95 $739.75 Sugar Maple Acer saccharum - Complete in place per specifications, details & manufacturers' 11 instructions E.A. 47 $181.25 $8,518.75 Loblolly Pine Pinus taeda - Complete in place per specifications, details & manufacturers' 12 instructions E.A. 17 $135.00 $2,295.00 Shortleaf Pine Pinus echinata - Complete in place per specifications, details & manufacturers' 13 instructions E.A. 49 $144.25 $7,068.25 Mockemut Hickory Carya tomentosa - Complete in place per specifications, details & 14 manufacturers' instructions E.A. 4 $209.00 $836.00 Shagbark Hickory Carya ovate - Complete in place per specifications, details & manufacturers' 15 instructions E.A. 4 $227.50 $910.00 American Elm Ulmus americana Cultivar Prospector - Complete in place per specifications, 16 details & manufacturers' instructions E.A. 30 $200.00 $6,000.00 Bald Cypress Taxodium distichum - Complete in place per specifications, details & 17 manufacturers' instructions E.A. 7 $116.50 $815.50 Blackgum Nyssa sylvatica - Complete in place per specifications, details & manufacturers' 18 instructions E.A. 6 $209.00 $1,254.00 Black Walnut Juglans nigra - Complete in place per specifications, details & manufacturers' 19 instructions E.A. 9 $209.00 $1,881.00 Kentucky Coffeetree Gymnocladus dioicus Cultivar Prairie Titan - Complete in place per 20 specifications, details & manufacturers' instructions E.A. 65 $193.33 $12,566.45 Redbud Cercis canadensis - Complete in place per specifications, details & manufacturers' 21 instructions E.A. 4 $135.00 $540.00 Sweetgum Liquidambar styraciflua Cultivar Rotundiloba - Complete in place per specifications, 22 details & manufacturers' instructions E.A. 30 $163.00 $4,890.00 Sout hem Magnolia Magnolia grandiflora Cultivar Bracken's Brown Beauty - Complete in place 23 oar specifications, details & manufacturers' instructions E.A. 5 $135.00 $675.00 Tulip Poplar Uriodendron tulipifera - Complete in place per specifications, details & 24 manufacturers' instructions E.A. 10 $153.50 $1,535.00 White -flowering Dogwood Comus florida - Complete in place per specifications, details & 25 manufacturers' instructions E.A. 3 $164.60 $493.80 26 Site Restoration L.S. 1 $1,924.00 $1,924.00 TOTAL CONTRACT AMOUNT $88,040.50 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.B 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 Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 3 of 8 as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 4 of 8 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 sites and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions. as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 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 Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 5 of 8 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). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents thereof. 7.8. Addenda numbers, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through four with each sheet bearing the following general title: 2010 Tree Planting and Maintenance Project. 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. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 6 of 8 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 7 of 8 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and two counterparts have 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 FAYETTEVILLE: By: Mayor [CORPORATE SEAL] Attest Address for giving notices 2010 (which is the Effective CONTRACTOR By: [CORPORATE SEAL] *Attest * If a Corporation, attest by the Secretary 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.) Bid 10-35, 2010 Tree Planting and Maintenance Project Agreement Page 8 of 8 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/1/2010 City Council Meeting Date Agenda Items Only Park Planning/Urban Forestry Division Parks and Recreation Department Action Required ion awarding Bid #1'-35and approval of a contract with All Around Landscaping, Inc. in the amount of 50 with a 10% project"�ontingency of $8,804.05 for a t al project cost of $96,844.55 for the planting and nice of trees for theEscrow Fund and Ice Stor Recovery Grant. \ Ice Storm Recovery Grant $ 96,844.55 rP 239,656.00 Tree Escrow Funds Cost of this request Catego / Project Budget Program Category / Project Name 4470.9470.5220.00 Landscape Materials 4470.9470.5315.00 $ 8,375.00 Contract Services Account Number Fds Used to Date Program / Project Category Name 9032.1 Donations 08001.02-5 $ 231,281.00 SalesTax/Tree Escrow Project Number Remainin Balance Fund Name Budgeted Item I x J B get Adjustment ached Pre ious Ordinance or Resolution # 254-09 Department Dir ctor - Date - / Origins Contract Date: 5f?/6 Original C ntract Number: Ci nrr, , I Date - (LL5-li- )® Finance and Internal Services Director Date Received in Cii A Clerk's Office f Received in Mayor's Office 4D.te"— Revised January 15, 2009 a e• evl e ARKANSAS® CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan id City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks a d Recreation Alison Jumper, Park Plannin Superintenc From: Greg Howe, Urban F Date: May 19, 2010 Subject: Bid # 10-35 Tree Planting and PROPOSAL: On December 15th, 2009, the City Cot the Ice Storm Recovery Grant from I Service. The grant included $61,915 to ice storm. The City is matching the $69,510. Approximately $28,930 wil THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Project ;i,J passed 1solution Number 254-09 authorizing the Mayor to accept Arkansas �restry Commission with funding from the U.S. Forest ;place and mai tain trees damaged or removed due to the January 2009 it funds with i kind personnel, supplies and equipment estimated at funded from the tree Escrow Accounts. The bid for the 2010 Tree Plantingfrnd Maintenance Project 'ncluded planting and maintaining trees for the Ice Storm Recovery Grant and the Tr Escrow Fund. The bid wa advertised on April 29h and May 5th and opened on May 18th. Four vendors inclu ing All Around Landscaping, Inc., B&H Specialties, Dixion Contracting, Inc. and Second Nature Property M' agement, LLC. submitted bid with All Around Landscaping, Inc. being the low bid in the amount of $88,0.1. If approved, the trees funde ` y the ice storm recovery grant will be lanted by August 13th and trees funded by the Tree Escrow Fund will e planted by December 15 , 2010. The d includes a ninety day maintenance and guarantee period for trees d associated materials making the contract ompletion date March 15th, 2011. A resolution awarding ID #10-35 and approval of a contract with All Aro kd Landscaping, Inc. in the amount of $88,041 with a 10%project contingency of $8,804.05 for a total projectt of $96,844.55 for the planting and maintenance of treks for the Tree Escrow Fund and Ice Storm Recovery t. BUDGET IMPACT:I The project is funded with Ice Storm Recovery Grant Funds and Tree Escr Funds. Total project cost including a 10 % project contingency is $96,844.55. THE CITY OF FAYETTEVILLE, ARKANSAS Attachments: Planting Location Maps Resolution No 254-09 Bid Tab Contract Agreement Signed b: Purchase Requisition LUTION NO. A RESOLUTION AWARDING B/NG APPROVING A CONTRACT WITH AL AROUNNG, INC. IN THE AMOUNT OF $88,040.50 OR PLMAINTENANCE OF TREES, AND PROVI ING A (10%) PROJECT CONTINGENCY \ / BE IT RESOLVED BY T E L OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Co cil of the City of Fayetteville, Arkansas hereby awards Bid #10-35 an ap roves a contract with All Around Landscaping, Inc. in the amoun of $88, 40.50 for planting and maintenance of trees. / \ Section 2. That the ity Council o the City of Fayetteville, Arkansas hereby approves a ten per nt (10%) project co tingency. PASSED and APPROVED: Bv: LIONELD J OVED this 1st day of Jne, 2010. , Mayor ATTEST: Bv: SONDRA E. SMIT , City Clerk/Treasurer t i-- Requisition o.: Date: Ci f Fayetteville - Purchase Order (PO) Request 5/19/2010 (Not a Purchase Order) Number: 6xpected Delivery Date: All purchases under $2500 shall b used on a P -Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be anned to the Purchasing e-mail Purchasing@ci.fayetteville.ar.us Vendor #: Vendor N e: Mail 4993 All Around Landscaping Yes:_ No: Address: Fob Point: Taxable uotes Attached 1632 S. 56th St Yes:_ No Yes:x No: City: State: Zip Code: Ship to code: Divison Head Appr Springdale AR 72762 Requester: Requester's Employee #: Extension Greg Howe 3202 470 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers ect/Subproject # Inventory # Fixed Asset # 1 Tree Planting and Maintenance Project - Grant 1 LS 69,510.00 $69,510.0 4470.9470.5220.00 09032.01 2 Tree Planting and Maint. I LS 5,944.00 $5,944.00 4470:9470.5200 08001.02 Project - Escrow NW 3 Tree Planting and Maint. I LS 287.00 $287.00 44T 70.5220.00 08001.03 Project -Escrow NE . 4 Tree Planting and Maint. 1 LS 750.00 $750.00 4470.9470.52 00 08001.04 - Project Escrow SW 5 Tree Planting and Maint. 1 LS 11,550.00 $11,550.00 44709470 5220 00 08001:05 Project Escrow SE 6 $ 0 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Tax is included in the bid 10-35 price Subtotal: $88,041.00 Tax: Total: $88,041.00 Approvals: Mayor: - - Department Director: - Purchasing Manager: - Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Kevisea vzrzuun • o oCD -4 V) 2 N (0 a n p a—i N �.4 ' 031 y (y�D y_ y Q (p W {p' ID •9 (p -� <D '�' —1 O ' A' 3 c 9. v .—a'9 {D N m a a o CL 3 ; O c` m y lC m y � m 7 y l0 > fl1 l0 .D 3 wa — 3 = w CCD ow ow £w o,3 �o C,) mw mw �Cw.. G)n O) �r a O C m aC= —h - s — _ 0 CD fA Z A: n QCD of CD a a C D �• ..C DD) w 10 <D O �° o c) G ° Cl) r (I)) ) r Cl) r t r Cl) N g C CO CD c a z 1 n o a ) --' N N co A .0.s 3 c w w o oo o Y 3 n�i Vim! p co 'O ----to O CD IA CD j= • v i1 C O o 0 0 0 o O tJn N 000 o A N N �+ i2. O 0 0 0 0 o o N t) N a m CD o o 0 a 0 a O n - 9 \� A N m5 .(O C) v o O m a CD > O) E o o y CDC Cl) V V V V CJ) V O O O PP Z G y W W W W 0 C N 3 v $ s a. a o cn cn cn cn to CD o O O O O O �' # = m x v CD w w c N to r O O O 00 .. 0O0 00 W to p 0 D 0 0 0 o w 03 Z Z O O w 00 00 G N C X N ZZ w G1 00 fD a O N O 0) A O A W O ID I r N CD .Aa tot0 x I to O w S N O O. R 01 21 CD d z 1 y. O 7 • iu 1LtII ;t4 KNOW ALL MEN BY THESE PRESENTS: That we, All Around Landscaping Inc. (herein referred to as the "Subcontractor" or the "Principal"), as Principal, and WESTERN SURETY COMPANY (herein referred to as the "Surety"), of Sioux Falls, South Dakota, as Surety, are held and firmly bound unto City of Fayetteville, Arkansas (herein referred to as the "Contractor" or the "Obligee"), as Obligee, in the penal sum of Eighty Eight Thousand Forty and 50/100 DOLLARS ($ 88 4Q50, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly, severally, firmly by these presents. WHEREAS, the Subcontractor did, on the _day of June , 2010 make and enter into a written subcontract (the "Subcontract") with the Contractor, whereby the Subcontractor undertakes to perform certain portions of the contract between the said Contractor and City of Fayetteville Arkansas (the "Owner") dated the _ day of June , 2010 , in connection with the 2010 Tree Planting and Maintenance Project for City of Fayetteville AR. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the work contracted to be performed under the Subcontract, and shall indemnify and hold the Obligee harmless against any loss and damage by reason of the Principal's failure to pay the just claims for labor, equipment and material furnished in the performance of the Subcontract work, then this obligation shall be void; otherwise to remain in full force and effect. The total amount of the Surety's liability under this Bond shall in no event exceed the penal sum hereof. No right of action or recovery shall accrue on this Bond to or for the use of any person or entity other than the Obligee named herein, its heirs, executors, administrators, or assigns. Provided, however, the right to recovery under this Bond shall be subject to the following express conditions, the performance of which shall be a condition precedent to Surety's liability under this Bond: First: That in the event of any default on the part of the Principal, written notice thereof shall be delivered to the Surety as promptly as possible, and in any event within ten (10) days after such default occurs, and upon such default, no further payments shall be made under the Subcontract without the written consent of Surety. Any written notice required to be given to the Surety shall be delivered to Surety at the following address: Western Surety Company 101 South Phillips Ave. Sioux Falls, South Dakota 57104 Attention: Bond Claims If the Principal shall abandon the Subcontract or be compelled by the Contractor to cease operations thereunder, then Surety shall have the option to proceed or procure others to proceed with the performance of the Subcontract, and all reserves, deferred payments, and other monies provided by the Subcontract to be paid to the principal shall be paid to the Surety, as the same times and under the same conditions as by the terms of the Subcontract such monies would have been paid to the Principal had the Subcontract been performed by the Principal. The Surety shall be entitled to all such payments and monies in preference to any assignee of he Principal or any adverse claimant; but if the Contractor shall complete or relet the Subcontract, all reserves, deferred payments or other monies remaining after payment for such completion shall be paid to the Surety or applied as the Surety may direct toward the settlement of any obligation of liability incurred hereunder. Second: That the Contractor shall faithfully perform all of the terms, covenants and conditions of the Subcontract that the Contractor has contracted to perform. In no event shall payment or payments to the Subcontractor for the Contractor be in an amount greater than ninety percent (90%) of the value of the work performed by the Subcontractor to the date of such payment. Contractor shall retain, unless the Surety shall consent in writing otherwise, the remaining ten percent (1O%) of all payments and all reserves or deferred payments until the last of the following events occurs: (i) a period of thirty days elapses after completion and acceptance of the total project by the Owner; (ii) the period of time within which written notices of bond claims and/or claims of lien by persons performing work or furnishing materials under said contract must be filed under applicable laws expired; and (iii) if any bond or lien claims are noticed or filed, the date when all such bond or lien claims have been paid. Third: That the Surety shall not be liable for any damages resulting from strikes, labor difficulties, or from mobs, riots, civil commotion, public enemy, fire, the elements, shifting of the elements, acts of God or defects or faults in the plans or specifications referred to in the Subcontract or for repairs or reconstruction of any work or materials damaged or destroyed by any of said causes; or for damages arising out of injuries to persons or property or for the death of any person or persons, or under or by virtue of any statutory provision for damages or compensation for injury to or the death of any employee; or for the infringement or validity of any patent; or for the efficiency or wearing qualities of any work done or materials furnished or the maintenance thereof or repairs thereto; or for the furnishing of any bond or obligation other than this instrument. Fourth: If there by more than one party named in this Bond as an Obligee, then it is understood that the rights of the Obligees or any of them under this bond are conditioned upon the faithful performance by or on behalf of the Contractor of all of the conditions of the Subcontract by him to be performed. Fifth: No suit, action or proceeding by the Contractor to recover on this Bond may be commenced after the expiration of twenty-five (25) months from the date of completion of the Subcontract or the date of default under the Subcontract, whichever occurs first. Sixth: That the Surety is obligated only to the dollar amount shown on the face of this bond. If any additions or alterations of the original contract upon which this bond was issued occur, increasing or altering the contract price, Surety is obligated only to the proportional amount that the original contract bears to the altered contract price, unless expressly waived by the Surety in writing. SIGNED, sealed and dated this _24_. day of June, 2010 All Around Landscaping Inc (Principal) III hUI III II II VIII VIII III I IIII VIII IH 1110 II IIII III III 11 By. r Doc ID: 013515610003 Type: LIE PE Title:"' Recorded: 06/29/20510Nat 11:42:03 AM - Fee Amt: $25.00 Pace I of 3 WESTERN SURETY -OMPANY Washington County. AR Bette Stamps Circuit Clerk FileBO 3 OOOOOOO 36 By: Jennifer Wright (Attorney -In -Fact) III1U IL II ill 011 i1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jennifer Wright, Casey White, Keri Sander, Individually of Springdale, AR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 14th day of December, 2009. "�RETr4 WESTERN SURETY COMPANY 44TH Dam Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 14th day of December, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. }rorowwwrowrowwwwwwrowwwwwroww+ My commission expires s D. KRELL .1 r — NOTARY PUBLIC —� r November 30, 2012 8 SEAL sEAL s SOUTH DAKOTAIS +'%""' 4. D. Kre11, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed r of 1li��iQ 0 ' my name and affixed the seal of the said corporation this day "S��E'?c''• WESTERN SURETY COMPANY _49 Oyf y, CVO = Z₹t L. Nelson, Ass is taLcl,'Mfy Fonn F4280 -09-0G Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. 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, and 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.