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HomeMy WebLinkAbout176-11 RESOLUTIONRESOLUTION NO. 176-11 A RESOLUTION AWARDING BID #11-55 AND APPROVING A CONTRACT WITH ALL AROUND LANDSCAPING, INC. IN THE AMOUNT OF $66,704.00 FROM THE TREE ESCROW FUND FOR THE PURCHASE AND PLANTING OF TREES, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-55 and approves a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the Tree Escrow Fund for the purchase and planting 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 4th day of October, 2011. APPROVED: By: FO ► LD JO eir Mayor ATTEST: By: &au/ ,64„6,14, SONDRA E. SMITH, City Clerk/Treasurer ,,,,,RK17R'�''Q'' o (vj ma ','PN sV. .gyp FAY ETTEVI LLE r 41 ��y�eR/iAtA5t: _, </VG 10gmGa°aw Alison Jumper Submitt d By City of Fayetteville Staff Review Form City Council Agenda items and Contracts, Leases or Agreements 10/4/2011 City Council Meeting Date Agenda items Only Park Planning/Urban Forestry Parks and Recreation Division Action Required: Department A resolution awarding Bid #11-55 and approval of a contract with All Around Landscaping, Inc. in the amount of $66,704 with a 10% project contingency of $6,670 for a total project cost of $73,374 for the planting of trees for the Tree Escrow Fund. 73,374:00 Cost of this request 4470.9470.5315.00 Account Number 080012-5 Project Number Budgeted Item EMI 141,448.00 Category / Project Budget 3,817.80 Tree Escrow Funds Program Category / Project Name Contract Services Funds Used to Date Program / Project Category Name 137,630.20 Sales Tax/Tree Escrow Remaining Balance Fund Name Budget Adjustment Attached 9 Date Date t Zo t Finance and internal Services Director Date ',-(611 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in 6CitV9— 1 b-1 1 P02: 19 R C V D Clerk's Office _ `Comments: Revised January 15, 2009 ave. evi le ARKANSAS www.accesstayettev'rlle.org THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO. To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Date: Subject: Alison Jumper, Park PIanning Superintendent September 19, 2011 Bid if 11-55, 2011 Tree Planting Project Agenda Request for October 4, 2011 Meeting PROPQS.kL: Chapter 167 of the Unified Development Code requires developers to pay money in -lieu to the Tree Escrow Fund when it is not practical to plant mitigation trees at the time of Final plat approval. Monies received must be spent within seven years. Trees must be planted within the street rights-of-way of the development. If the planting space is not adequate for trees, then the trees may be planted within a 1 -mile radius of the development. If a proper planting space cannot be located within one mile, the trees must be planted within the associated Park Land Dedication Quadrant. Approximately $120,000 must be spent by December 2012. This money will be used to plant trees and restore tree canopy in various sections of the city where canopy was removed by development. The bid for the 2011 Tree Planting Project was advertised on August 15`h and 29th and opened on September 14th. Four vendors including All Around Landscaping, Inc., GroundServ, Four Seasons Landscaping and Professional Landscaping Co., Inc. submitted bids with All Around Landscaping, Inc. being the low bid in the amount of $66,704. If approved, the trees will be planted by December 31, 2011. A bid to water and prune the trees planted with the 2010 project (312 trees) as well as the 2011 trees (473) is anticipated to be advertised in the spring of 2012. RECOMMENDATION: A resolution awarding Bid #11-55 and approval of a contract with All Around Landscaping, Inc. in the amount of $66,704 with a 10% project contingency of $6,670.40 for a total project cost of $73,374 for the planting of trees for the Tree Escrow Fund. BUDGET The project is funded with Tree Escrow funds. Total project cost including a 10% project contingency is $73,374. Attachments: Staff Review Form Certified Bid Tab Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #11-55 AND APPROVING A CONTRACT WITH ALL AROUND LANDSCAPING, INC. IN THE AMOUNT OF $66,704.00 FROM THE TREE ESCROW FUND FOR THE PURCHASE AND PLANTING OF TREES, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-55 and approves a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the Tree Escrow Fund for the purchase and planting 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 4th day of October, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer aye evi�le AFKAN SAS BID: 11-55 DATE: 02/14/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-55, Construction - Tree Planting Project 1 pip* All Around Landscaping tOtitt- mss ...... -... . $ 66,704.00 2 Four Seasons Landscaping $ 97,392.00 3 GraundSery $ 93,833.85 4 Profressional Landscaping $ 140,000.00 'NOTICE: Bid award Is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: f tkis4 P. VICE, PURCH MGR ess ATE AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day ofin the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and All Around Landscape, 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 located within the city limits of Fayetteville, Arkansas. Street tree plantings include providing and installing minimum 2" caliper trees, as specified, along with any additional materials and equipment used in the performance of this contract. Article 2. PROJECT MANAGER. The Project is being managed by: 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 must be installed no Tater than December 31, 2011. 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 Toss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 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 Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 1 of 7 October 4, 2011 payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS Bid 11-55 2011 Tree Planting Project All Around Landscaping. Inc. ITEM # DESCRIPTION - - UNIT EST. QTY. UNIT PRICE TOTAL 1 Mobilization (not to exceed 5% of project bid) L.S. 1 50.00 $0.00 2 Bur Oak Quercus macrocarpa - Complete in place per specifications & details E.A. 33 $203.00 $6.699.00 3 Chinkapin Oak Quercus muetenbergil - Complete in place per specifications & details E.A. 38 5184.00 $6,992.00 4 Shingle Oak Quercusimbncarie - Complete in place per specifications & details E.A. 26 $316.00 $8.216.00 5 Swamp While Oak Quercus bicolor - Complete in place per specifications & details E.A. 29 $184.00 $5,336.00 6 Loblolly Pine Pinus taeda -Complete in place per specifications & details E.A. 6 8196.00 81,176.00 7 Lobldry Pine Pinus taeda -Complete in place per soecificaIons & details E.A. 8 $196.00 81,568.00 8 American an Litmus americana Cultivar Valley Forge - Complete in place Perspecficattons & details E.A. 38 8211.00 88.018.00 9 Red Cedar Junipenrs virginiana Gulliver Keleleeri - Complete in ptace per specifications & details E.A. 10 $221.00 $2,210.00 10 American Linden (Basswood) .7ilia americana Cultivar Redmond - Complete in place per specifications & details E.A. 29 8221.00 $6,409.00 11 River Birch (Heritage) Betula nigra Cultivar Cully - Complete in place per specifications & details E.A. 26 8192.00 $4,992.00 12 American Hornbeam Ostrya virginiana - Complete in place per specifications & details E.A. 3 $354.00 $1,062.00 13 Oklahoma Redbud Cercisreniiormis - Complete in place per specifications & details E.A. 11 $215.00 $2,365.00 14 Sweetgum Uquidambar siyracitlua Cultivar Happidaze - Complete in place per specifications & details E.A. 33 $211.00 $6,963.00 15 Southern Magnolia Magnolia grendillOra Cultivar Little Gem - Complete in place per specifications & details EA 3 $259.00 $777.00 16 Southern Magnolia Magnolia grandifora Cuitivar Bracken's Brown Beauty - Complete in place per specifications & details E.A. 8 $211.00 51,688.00 17 White -flowering Dogwood Cornus liOride Cultivar Cherokee Princess - Complete in place per specifications & details E.A. 11 $203.00 $2,233.00 18 Site Restoration L.S. 1 $0.00 $0.00 TOTAL CONTRACT AMOUNT 566,704.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 2 of 7 October 4, 2011 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 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 14.02.6.5 & 14.02.0 of the General Conditions. 95 percent of Work completed (with the balance of 5 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), less suchamounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 3 of 7 October 4, 2011 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: 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. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 4 of 7 October 4, 2011 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addenda numbers 1-4, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through three with each sheet bearing the following general title: 2011 Tree Planting 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. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 5 of 7 October 4, 2011 The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; .and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 6 of 7 October 4, 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on VitYbei 4 Date of The Agreement). , 2011 (which is the Effective CITY OF FAY EVIL -: CONTRACTOR By: yor [CORPORAT Attest . SEALI, 0,011111111114 .11 •ab1Y FAYETfEVILLE. ..ydy�kANSP•,Z�, 11140�NGTON ggq�IdiLiC6j���eMAIL Address for giving notices 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. CO 6.).5- 609 I' 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 11-55, 2011 Tree Planting Project City of Fayetteville Page 7 of 7 October 4, 2011 • City.Of Fayett vtIIe = Purchase `Order (P0): Request . . {Nnt a Rechdse 0,40 .. Al,purchased under.,OM560.081 be used:crl e.P-Cedd. entree: uor�eer ar1559.*WW9kirrlrtedl; (Cair:x,265 w]lh:qu@oteepe : . ' .A6 PtiReiririest:50 I7..8etsie tiedtrithe PllrcheS1964:6-A6aikPi aiagNWil4-9r:uR: ' .. 14equisitron No.. "rate: 10/4/2011 15.0 Number: ''Expected Delivery Date: 4993 IVendor rk Vendor N m.: All Around Landcceinp, Inc. }'Mail' Yes:_ Na: Address: erob 1632 S. 561h SL 'oint: `Taxable Yes:_ No: ... Quotes Attached Yes: No: City State: AR ~lip Code: Ship to code: 72702 Ti Head Approv � ,4, J/( r .4.,,A-2--, Requester: „rynl9tlr: Alison Jumper, Park Planning Su ntendent 2363 5 gips 409 e Item Desraiptidn Quantity Unit of Issue Unit Cost Extended Cast Account Numbers ProjeetISubproject 9 Inventory # Fixed Asset # 1 2 2 3 9 5 6 7 5 9 10 2011 Tree Planting Project- Escrow NW Per Bid 11-55 1 LS 6,108.00 911,108.00 4470.9470.5315.00 08061.2 2011 Tree Planting Project- Escrow NE Per 01411-55 1 LS 4,929.00 54,924.00 4470.9476.5315.00 08001.3 2011 Tree Planting Project- Escrow SW Per 815 11.55 1 LO 19,726.00 519,726.00 4470.9470.5316.00 06001.4 2011 Tree Planting Project- Escrow SE Per Bid 11-55 1 LS 30,941.05 530,941.00 4470.9476.5315.00 68001.5 4. 30.00 , 50.00 1 50.05 _ 90.00 • $0.00 4. 50.00 i Shippingfl-fand6ng Lot $0.05 pedal Instmclio 13: Tax Is included In the bid price. Subtotal: Tax: Total: 560,704.00 365,704.00 Approvals: Mayor. Finance Dispatch Department Director: Budget Manager: utilities Manager. Purchasing Manager. IT Manager. & enema! Services Director: Manager: Other. Rereaed 1272.08 Imo -II WESTERN SURETY COMPANY 101 South Phillips Avenue, Sioux Falls, SD 57104 Bond # 58687889 SUBCONTRACTOR'S COMBINATION PERFORMANCE AND PAYMENT BOND 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 lirmty bound unto City of Fayetteville. Arkansas (herein referred to as the "Contractor or the "Obligee"), as Obligee, in the penal sum of Sixty Six Thousand Seven Hundred Four DOLLARS & NO/100 (S 68,704.00) awful 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 4th day of October 2011 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 Citv of Favettevlle. Arkansas (the 'Owner) dated the 4"' day of October 2011 , in connection with the 2011 Tree Plpntinafroiect. 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 or 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, end 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 fallowing address: Westem 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 10 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 retet 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 (10%) of all payments and all reserves or deferred payments until the last of the following events occurs: (i) a period of thirty days elapses alter comptetlon and acceptance of the total project by the Owner, (11) 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 tiled, 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 itis 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 alter 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 10 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 19th day of October 2011 . Ail Around Landscaping, Inc. (Principal) By: Title' WESTE#$N SURE T . OMPANY cg�- Io1D1110I740Tellllll1L11113y.JenniferWriht l I toney-in-Fact} Kind PERFORPIANCE BOND Recorded: 10/24/2011 at 09:25:36 All Fee Amt: S25.00 Paae 1 of 3 Washington County. AR Bette Stamps Circuit Clerk FileBO3O-00000809 Western Surety Company 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 Warford, Individually of Springdale, AR, its tete 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 7th day of September, 2011. State of South Dakota County of Minnehaha } Ss WESTERN SURETY COMPANY Pawl . B�vlla� Senior Vice . Bruflat, Vice President On this 7th day of September, 201 1, 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. My commission expires November 30, 2012 {44b 4b444444ww44444444444 4- f D. KRELL i + + + NOTARY PUBLIC + s SOUTH DAKOTA i 5 5 *b444444'Y44044bb444444b4 CERTIFICATE D. Krell, No11ry Public 1, 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 1 have hereunto subscribed t my naine and affixed the seal of the said corporation this 1 1 day of 0 citober Deo 1 . Form F4250-09-06 WESTERN SURETY COMPANY 741.40.21.„/ L. Nelson, Assistant Secretary 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 or the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vicc 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. 11,o—I OP ID: JW ,a►�oRO" CERTIFICATE OF LIABILITY INSURANCE bATE(MMIDDlYYYYj 10119/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 479-717-0500 Brown & Brown of NWA 479-717-0501 1479 Executive PI, Ste A Springdale, AR 72762-4324 Casey M. White NaAAMEACT PHONE {E FAX (AIC No Ext): I (AIC, No): E-MAIL PRODUCER CUSTOMER ID 1i:ALLAR-1 INSURERiS) AFFORDING COVERAGE NAIC # INSURED All Around Landscaping Inc. PO Box 8290 Springdale, AR 72766-8290 INSURER A: Peerless Indemnity Insurance C 18333 INsuRERB:America First Insurance Compan INSURER C:American Ecomony Ins Co 19690 INSURER D : 04/06)12 INSURER E $ INSURER F : DAMAGE TO RENTED PREMISES (Ea occurrence} COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE 7�ODL`SUBR INSR 4WD POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYYI LIMITS A GENERAL X UABIUTY COMMERCIAL GENERAL LIABILITY X OCCUR CBP 6133233 $ 500 PROPERTY DAMAGE DEDUCTIBLE ^(MMIDDIVYYY) 04/06/11 04/06)12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence} $ 100,000 CLAIMS -MADE MED EXP (Any one person) $ 15,000 X Contractual Liab. PERSONAL B. ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPUES PER: POLICY ! ^ ! mof n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 7 Emp Ben. s 1,000,000 A AUTOMOBILE X X X X UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA 6133227 04/06/11 04/06112 COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) 5 $ 5 B X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE CU 8842520 04/06/11 04/06/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE a 5,000,000 X DEDUCTIBLE RETENTION $ 10,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' UABWTY ANYIPR PRIETORA.tatBER EXCLUDED? (Mandatory In NH) 11 yes, describe under DESCRIPTION OF OPERATIONS Y N f A 02 -WC -578199-10 04!06711 04/06/12 X WC STATIJ- OTH- TORY LIMITS ER $ 1,000,000 E.L. EACH ACCIDENT ECUTIVE Y E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Rented/Leased Equipment CBP 6133233 04106/11 04/06/12 50,000 $500 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule it more apace is required( Landscape Contractor Job: 2011 Tree Planting Project (Bid 11-55) CERTIFICATE HOLDER CANCELLATION FAYET-1 City Of Fayetteville 113 W Mountian Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE 1 ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD