HomeMy WebLinkAbout189-12 RESOLUTIONRESOLUTION NO. 189-12
A RESOLUTION AWARDING BID #12-67 AND AUTHORIZING A
CONTRACT WITH SECOND NATURE PROPERTY MANAGEMENT, LLC
IN THE AMOUNT OF $48,206.00 FOR THE PLANTING AND
MAINTENANCE OF TREES FROM THE TREE ESCROW FUND, 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
#12-67 and authorizes a contract with Second Nature Property Management, LLC in the amount
of $48,206.00 for the planting and maintenance of trees from the Tree Escrow Fund.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
ten percent (10%) project contingency.
PASSED and APPROVED this 18th day of September, 2012.
APPROVED:
By:
LIONELD JO N, Mayor
ATTEST:
By: )114-A,
SONDRA E. SMITH, City Clerk/Treasurer
.011111 illllr�I
• G
• GiT Y
• •
.011
FAYETTEVILLE •ter
-90
',,,v 1 loFly 1i f< %``
Megan Dale
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts: Leases or Agreements
9/18/2012
City Council Meeting Date
Agenda Items Only
Park Planning/Urban Forestry Parks and Recreation
Division
Action Required:
Department
A resolution awarding Bid #12-67 and approval of a contract with Second Nature Property Management, LLC in the
amount of $48,206 with a 10% project contingency of $4,820.60 for a total project cost of $53,026.60 for the planting
and maintenance of trees for the Tree Escrow Fund.
53,026.60
Cost of this request
161,797.00
4470.9470.5315.00 $
Account Number
08001.2-5
Project Number
Budgeted item
Category / Project Budget
34,759.00
Tree Escrow Funds
Program Category / Project Name
Contract Services
Program / Project Category Name
127,038.00 Sales Tax/Tree Escrow
Remaining Balance Fund Name
Budget Adjustment Attached
(114 cvlltwICT dee A ei
—Ark146 IA'titt411/
Depirec€or
orney
Date
is a . % 9 ^y -w«
Finance and Internal Services Director Date
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received iA tityf 12P03:06 PCV D
Clerk's Office
Comments:
Revised January 15, 2009
TaItrete
ME 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 pig
From: Megan Dale, Urban Forester 1)
Date: August 31, 2012
Subject: Bid # 12-67, Construction - 2012 Tree Planting Project
Agenda Request for September 18, 2012 Meeting
PROPOSAL:
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 meet minimum preservation requirements or 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 Quadrant. Approximately $36,522.00 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 2012 Tree Planting Project was advertised on August 15th and 22th and opened on August 29th. Two
(2) vendors including B & A Property Maintenance and Second Nature Property Management, LLC submitted bids,
with Second Nature Property Management, LLC being the low bid in the amount of $48,206.
If approved, the trees will be planted by December 31, 2012.
RECOMMENDATION:
A resolution awarding Bid #12-67 and approval of a contract with Second Nature Property Management, LLC in the
amount of $48,206 with a 10% project contingency of $4,820.60 for a total project cost of $53,026.60 for the
planting of trees for the Tree Escrow Fund.
BUDGET IMPACT:
The project is funded with Tree Escrow funds. Total project cost including a 10% project contingency is $53,026.60.
Attachments:
Staff Review Form
Certified Bid Tab
Bid Submission- Second Nature Property Management, LLC
Contract Agreement Signed by Contractor
Purchase Requisition
RESOLUTION NO,
A RESOLUTION AWARDING BID #12-67 AND AUTHORIZING A
CONTRACT WITH SECOND NATURE PROPERTY MANAGEMENT, LLC
IN THE AMOUNT OF $48,206.00 FOR THE PLANTING AND
MAINTENANCE OF TREES FROM THE TREE ESCROW FUND, 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
#12-67 and authorizes a contract with Second Nature Property Management, LLC in the amount
of $48,206.00 for the planting and maintenance of trees from the Tree Escrow Fund.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
ten percent (10%) project contingency.
PASSED and APPROVED this 18th day of September, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
l
alee
ARKANSASe
Bid 12-67 Construction 2012 Tree Planting
BID: 12-67
DATE: 08/29/12
TIME: 2:00 PM
CITY OF FAYETTEVILLE
i B&A Property Maintenance
$515;333.00
2 Second Nature Property Management, LLC
$48,206.00
CERTIFIED:
A.
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
, Cp OCHASING AGENT
Pet getten(Vef?Aa
WITNESS O
aye evi le-------------..
ARKANSAS
PrejectCheck List
Bid 12-61, Construction - 2012 Tree Planting Project
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include
all details necessary to prepare a bid and shall not be used as a substitute for the requirements of
the bid documents. Information is shown below only as a matter of convenience. Use of this
checklist does not relieve the Bidder from the responsibility of meeting all requirements of the
Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this
form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
171 5% Bid Bond of the amount bid accompanied by required documentation (Power
of Attorney, etc.)
- In lieu of a bid bond, the bidder may submit a cashier's check from a bank
located in the State of Arkansas for at least five percent (5%) of the
amount bid (inclusive of any deductive alternates). Cashiers checks shall
be made payable to the City of Fayetteville, AR.
4 All addenda shall be signed, acknowledged, and submitted on the appropriate
forms (submitting the actual addendums or marking acknowledgement on other
bid pages).
All line items shall be appropriately filled out and extended to reveal the line item
price as well as the total bid price. Total base bid should be calculated in the
provided space.
H' All bidders shall submit the following forms with each bid: Bid Form, Debarment
Certification Form, & Statement of Disclosure.
Hi'
All pages provided with signature lines shall be appropriately signed, dated
accordingly, and included with submitted bid documents.
All bid documents shall be delivered in a sealed envelope to the address listed
below before the stated deadline on the coversheet of the bid. All bids should be
delivered with the name of the bidder (contractor) on the sealed envelope as well
as the bidders Arkansas Contractors License Number.
CONTRACTOR NAME:
City of Fayetteville, AR
Purchasing Division — Suite 306
113 W. Mountain
Fayetteville, AR 72702
ARKANSAS CONTRACTOR'S LICENSE #: C )ZOO/ 94 3/3
Bid 12-67, Construction - 2012 Tree Planting Project
City of Fayetteville August 2012
Section 00 41 13
BID FORM
Item Estimated Unit Description ofItem
1 1 Lamp Sant Mobilization - (sot to exceed 3% of falai hid) (I)
4/d 1,15 4Nt
'STaorrffcalculated amount written in wads
dollars
Froader Elm Maas carpiu{jollaxparvifolia
'Fronde? - Complete in place per speaYlcaiione &
2 64 Bach
details(2)(3) /
E /�/f 41A/ )1444,54/41/✓/Are 7I/ ?I1
wo dollen
Total cakedeted amount written in wads. for all 64 frees//F
American Smoketree CeSarrr °bouasus -Complete
3 39 Bach is er timtioue&details (3)
/,tVOW 71/4to YcyJN /4/4 N y ve,,v (gallate
utel calndatad amount written in words, fro all 39trees
Bur Oak Quorars mamoarpa -Complete in place
4 12 Bach speci/fications& 1e(2)(3)
7)1 10 r t'>ei i11Jry q+Vdr / /�l� ✓N )ie(Why eIj% dollars
Total calculated amount written in words, for all 12 trees 740✓0
Nursery Source Unit price
5;Mi arrair.Cwr $(
',AAA co mil f "F
S lers/VUrrory J2, 472A.
OklA/Fie7A
r�rs (Velar y m282.4 ►-
B�c4 *•tea
SAih's gver4262e49YEA.
0tict4/�4m4 m figures
Tutu) Anent
e,Q4t9 "
ifi res
$ i.. 4'v 92
in (groes
$//QO2$
ams
$ 3,39L' .
in figures
Skimmed Oak Qumvasshnsnanar&i - Complete in
5 L}9 place per specifiee s & detail% (2)(3) • le
Aie vrAN 771:040t 14 swair 01StrIsurilAawa figitreeykZL . $ flinues 5,37
Total calculated amount writtenm words, for au 19 bees Q N/G Q 4441ip.44
Red MapkAcarahrnm -Complete in place per
17 Each spertioas & d • s 4 (3)
dollars
Total calculated amount written m .^L err 12 Ines
Swee guw LOquidambar styraeijhra. Criticise
'Rotundiobe' - Complete in piste per specifications
l 7 11 Bach & der) (3)
rAree ` / 6,1r/iNti�Olaf Vel l �d.ilr &Alms
Total calculated amount written m words. for 11 trees
LSit:IL/aeration (4)(5)
oar vAt
Total calculated amount written in wards
E
dollars
TOTAL BASE B /4y 1
el V� �ip s�. 44AId ✓d AdN' Sidoil ala
Total let amount wrilien in words ! X
the 4.
gni s 9YEA s Rod
asiv eryM(% spoescligrj! f es.
6 f t44OM4
Sire
,Ash A#n ery
BID FORM Continued
Bid 12-67, Construction - 2012 Tree Planting Project
City of Fayetteville
WS'
in figures
in figures
93//'
in fiwzca
August 2012
Costs include a complete turn -key price for obtaining specified plant material and property
installing it in sites to include street rights-of-way, at locations provided by the Project Manager
plus any site restoration required to return the site to its original form. All improvements listed
above shall include applicable shipping, sales tax, and any other costs incurred to the City of
Fayetteville.
All trees must b a minimum 2" caliper regardless of container or rootball size and meet minimum
ANSI — Z60.1 standards. The Bidder shall designate the nursery source for each tree on the
Bid Form. The City of Fayetteville reserves the right to reject the lowest bid based on quality
concerns after inspection of the product.
The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay
item, and the total bid. In case of conflict between words and figures, the words, unless
obviously incorrect, shall govern.
Bidder understands that the Owner reserves the right to award the total project, or to reject any
or all bids and to waive any informalities in the bidding.
Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar
days after the scheduled closing time for receiving bids.
Respectfully submitted,
Firm Name 56-e4cO evoprJ,PE fi QQ, p7fr M ', ei�w-lL G
By L
Address /9q1#440,- 40t/40
CityY‘rr�U�Ge6 / 4x);
** Arkansas State Contractor's License Number Z(1 Df/% 0 5 Z.
*'t A Contractor's License is required to bid this project. This project requires a five (5)
percent bid bond at time of bid opening. After contract award, a one hundred (100)
percent performance and payment bond is required along with proof of insurance before
construction begins.
End of Section 00 41 13
Bid 12-67, Construction - 2012 Tree Planting Project
City of Fayetteville August 2012
Section OO 21 17
City of Fayetteville
Bid 12-67, 2012 Tree Planting Project
Statement of Disclosure (please submit with Bid)
ATTENTION: Please submit this form with vour bid.
DISCLOSURE STATEMENT:
Bidder must disclose any possible conflict of interest with the City of Fayetteville, including,
but not limited to, any relationship with any City of Fayetteville employee. Your response
must disclose if a known relationship exists between any principal or employee of your firm
and any City of Fayetteville employee or elected City of Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response.
Failure to disclose such a relationship may result in cancellation of a purchase and/or
contract as a result of your response.
This form must be completed and returned in order for your bid/proposal to be eligible for
consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY
APPLIES TO YOUR FIRM:
)C 1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain)
PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID:
1.) I, as an officer of this organization, or per the attached letter of authorization, am duly
authorized to certify the information provided herein are accurate and true; and
2.) My organization shall comply with all State and Federal Equal Opportunity and Non -
Discrimination requirements and conditions of employment.
/Ont. 4W # doe0U
Printed Name
AiAle/5
/
Signed
Bid 12-67, Construction -2012 Tree Planting Project
City of Fayetteville August 2012
Section 00 21 19
City of Fayetteville
Bid 12-67, 2012 Tree Planting Project
Certification of Debarment — THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID
ATTENTION: Please submit this form with your bid.
As A BIDDER on this project, you are required to provide debarment/suspension certification
indicating that you are in compliance with the below Federal Executive Order. Certification can
be done by completing and signing this form.
Debarment:
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all
contractors receiving individual awards, using federal funds, and all sub -recipients certify that
the organization and its principals are not debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any Federal department or agency from doing
business with the Federal Government.
Your signature certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME:
14).a may M X;tee Lz-#
COMPANY: 6 8edAv •i/,' yo•eo ,4''-/1ti,,# i'er•sir L,
PHYSICAL ADDRESS: /4'/ dt/. we -Ai I495/fi
MAILING ADDRESS: /T44t /# 66 6,4"/6_
PHONE: 9741 43 N 1/r/ FAX: WY
EMAIL: 4)0 / ise.hildOW# elf)X . 4t e
SIGNATURE: C..
DATE:
Bid 12-57, Construction - 2012 Tree Planting Project
City of Fayetteville August 2012
THE
CINCINNATI INSURANCE COMPANY
CINCINNATI, O1 -11O
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Second Nature Property Management, LLC
as Principal. hereinafter called the Principal, and TH E CINCINNATI INSURANCE COMPANY, 6200 S. Gilmore Road, Fairfield, Ohio 45014-5141,
a corporation duly organized under the laws of the State of Ohio, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE
as Obligee, hereinafter called the Obligee, in the sum of 5% of bid
Dollars ($ 5% of bid },
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Planting 162 trees
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance
with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient
surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in
the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force
and effect.
Signed and sealed this 29
day of August, 2012
Jim
(witness}
Second Nature Property Management, LLC
(Principal) (Seal)
C, meszy.
�Vr.J (Title)
THE CINCINNATI INSURANCE COMPANY
{Surety) (Seal)
Attor
The Company executing this bond vouches that this document conforms to American Institute of Arc acts . cument A310,
Edition.
S -2000 -AIA (6/08) PUBLIC
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws
of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Mike A Luttrell, Kenneth L Galloway, Jacque Lindsey, Danny L. Schneider, Billy Eugene Bennett, Jr., Adrian W Luttrell,
of Springdale, AR its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States,
Fifteen Million Diallers and 001100 ($15,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its
corporate seal, duly attested by its Vice President this 1st day of April, 2007.
STATE OF OHIO ) ss:
COUNTY OF BUTLER ) Vice President
On this 1st day of April, 2007, before me came the above-named Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said
instrument by the authority and direction of said corporation.
�p l'it1 A
11
A.
O1
THE CINCINNATI INSURANCE COMPANY
I?. '••„•"'�Q
g*,�-«qptid�}I
ARK J. HUL -R, Attorney at Law
OTARY Pti 1 STATE OF OHIO
My commiast has no expiration
date. Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the
above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
GIVEN under m hand and seal of said Company at Fairfield, Ohio.
this r, jtday of A , ks� ZD 0,
4�v
A SEAL 3
al,lo
BN -1005 (3/02)
Secretary
!PAH PLANNING DIVISION
2072 TREE PLANTING PROJECT
OVERALL SITE MMP
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the ( V day of _,�,;.ti,�'� in the year 2012 by
and between the City of Fayetteville, Arkansas (hereinafter call . d CITY OF FAYETTEVILLE)
and Second Nature Property Management, LLC (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, mulch, water and site restoration 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 later than December 31, 2012.
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 Toss 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)
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
Bid 12-67, Construction — 2012 Tree Ranting Project Agreement
City of Fayetteville
($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 12-67 2012 Tree Planting Project
Second Nature Property Management, LLC
ITEM #
DESCRIPTION
UNIT
EST. QTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 5% of project bid)
L.S.
1
$2,000.00
$2,000.00
2
Frontier Elm Litmus carpinifolia x parvifolia 'Frontier' - Complete in place per
specifications & details
E.A.
64
$282.69
$18,092.16
3
American Smoketree Cotinus obovatus - Complete in place per specifications
& details
E.A.
39
$282.69
$11,024.91
4
Bur Oak Quercus macrocarpa - Complete in place per specifications & details
E.A.
12
$282.69
$3,392.28
5
Shumard Oak Quercus shumardii - Complete in place per specifications &
details
E.A.
19
$282.69
$5,371.11
6
Red Maple Acer rubrum - Complete in place per specifications & details
E.A.
17
$282.69
$4,805.73
7
Sweetgum Liquidambar styraciflua Rotundiloba' - Complete in place per
specifications & details
E.A.
11
$282.69
$3,109.59
8
Site Restoration
E.A.
1
$410.00
$410.00
TOTAL CONTRACT AMOUNT $48,205.78
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.
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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 Tess 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.D
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 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.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 14.07.8 & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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 number 1, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through S4.1 with each sheet bearing the
following general title: 2012 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.
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.
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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
Date of The Agreement).
CITY OF FAYETTEVILLE:
By:
[CORPORATE SEAL]
By:
4 , 2012 (which is the Effective
CONTRACTOR
[CORPORATE SEAL]
Attest Aar) *Attest
Itirsoo
Address for giving no •G\1Y OFSG��%
E° FAYETTEVILLE; E.
1#9•RKANSP • \\i•
` ,,N f0 , 0 ��
* 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 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
City
Ai pwehiwa under S2300 $hap
Of Fayetteville - Purchase Order (PO) Request
[flet a Pradwae Drderj
be rind on i Pard imkas_aaedicaler 1009 service related. fe,!llx2g6 with qusaxonmo
be scanned 07 doe Fturc a : mate
Negeaaion
Mn.'
Uate:
e41r20i2
o
}'.L1 Remiss:
Defrvery Date:
. AQJb Requestatall
Vendor Name_
21427 ereand Nature Property Management, LLC
flied
Yeses N¢_
Address:
144 Abbey Lana
Feta Point
iaxHdLe
Yes:_ No:
Qlrotes.Altoched
Yes'
No'
City: `Slate;
Fayetteville
AR
2'p Coda:hip m pods:
72703'iry-f
Oivieon Na pproval:
Rigk, C
MSDi*Urban Forester
Requesters Employee #:
3617
Extension! .
470
f
I Deaori en
quantity
Dolt of lame
thin Con
Extended Cgat
Account Number:
Preisc1/5Uterefe4t#
inventory #
Feted Asset #
7
2
4
4
5
6
7
B
9
1472 PROMi
NW Par Bid 1147
1,6
16414.67
$45.414.57
4470.0476.S3T6.66
010111.2
2012 Tree Planting Protect
NE Per Rid 1237
1
L5
886.88
1686.0E
4470,8470.431600
,
• 05001.]
2012 tree Planting Project.
8EPe7 BW 124T
7
L t
2,10233
22.102.33
4470.94703815.00
08001.5
90.00
1040
10-00
20.00
10.00
50.00
SNpphngfHendlbng
Lot
50.00
t
'poolal tnottugierex
Tax Is included in the 214 Mee.SuhtetaL
We do not have try eees'heln0instead in the SW Quetlrant horxx, the emission of DA:MC*t # 08001.4.
Tax:
Total:
148,205.18
546.205.76
Marx;
F'hmnoe
Dispatch
1
A
Department Demeter
Budget Manager.
UBIIIIes her.
Purchasing Manager.
& Internal Ceram Dintsor.
Manager.
1T Manager:
Other.
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2012 by
and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE)
and Second Nature Property Management, LLC (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, mulch, water and site restoration 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 later than December 31, 2012.
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 Toss 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)
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
Bid 12-67, Construction -2012 Tree Planting Project Agreement
City of Fayetteville
($250.00) for each clay 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 12-67 2012 Tree Planting Project
Second Nature Property Management. LLC
ITEM #
DESCRIPTION
UNIT
EST. QTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 5% of project bid)
L.S.
1
$2,000.00
52,000.00
2
Frontier Elm Litmus carpinifolia x pervifolia Frontier' - Complete In place per
specifications & details
E.A.
64
$282.69
$18.092.18
3
American Smoketree Cotinus obovatus - Complete in place per specifications
& details
E.A.
39
5282.69
$11.024.91
4
Bur Oak Quercus macrocarpa - Complete In place per specifications & details
E.A.
12
$282,69
53,392.28
6
Shumard Oak Quercus shumerdil - Complete in place per specifications &
details
E.A.
19
5282.69
$5,371.11
6
Red Maple Acer rubrum - Complete In place per specifications & details
EA.
17
$2$2.69
$4,805.73
7
Sweetgum Liquidamber styracifua 'Rotundifoba' - Complete in place per
specifications & details
EA.
11
$28,.69
$3,109.59
8
Site Restoration
EA.
_ 1
5410.00
5410.00
TOTAL CONTRACT AMOUNT $48,205.18
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.
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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 . Ail such payments will be measured by the schedule of
values established in paragraph 2.07 of the General Conditions and based on the number
of units completed in the case of Unit Price Work or, in the event there is no schedule of
values, as provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in case, Tess the aggregate
of payments previously made and less such amounts as PARKS AND
RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF
FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D
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.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 14.02.6.5 & 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 14.07.6 & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
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
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
Bid 12-67, Construction — 2012 Tree Planting Protect Agreement
City of Fayetteville
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
0).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents
thereof.
7.8. Addenda number 1, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through S4.1 with each sheet bearing the
following general title: 2012 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.
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.
Bid 12-67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
Article B. 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 1267, Construction -. 2012 Tree Planting Project Agreement
City of Fayetteville
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. Alt 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 , 2012 (which is the Effective
Date of The Agreement).
CITY OF FAYETTEVILLE: CONTRACTOR
By:
Mayor
[CORPORATE SEAL] [CORPORATE SEAL]
Attest *Attest
* If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
(If CITY OF FAYETTEVILLE is a public body, attach License No. evidence
of authority to sign and resolution or other documents Agent for service of process: authorizing
execution of Agreement.)
(If CONTRACTOR is a corporation, attach evidence of authority to sign.)
Bid 12.67, Construction — 2012 Tree Planting Project Agreement
City of Fayetteville
Megan Dale
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
/N/A
City Coun itMeeting Date
Agenda Items Only
Urban Forestry
Division
Action Required:
Swink Naive, ?filatclij
0,0 1
iwala ;
Parks and Recreation
Department
Approval of Change Order #1 for Bid 12-67 2012 Escrow Tree Planting with Second Nature Property Management
LLC in amount of $4,438.50.
$4,438.50
Cost of this request
4470.9470.5315.00
Account Number
08001.1
Project Number
Budgeted Item
x
$114,000.00
Category / Project Budget
$0.00
Funds Used to Date
$114.000.00
Remaining Balance
Budget Adjustment Attached
Tree Escrow Funds
Program Category / Project Name
Contract Services
Program / Project Category Name
Sales Tax / Tree Escrow
Fund Name
Department D or
4c at. t34.41._
Finance and Internal Services Director
AL200
e
Date
1 71 t -?s13
Date
Previous Ordinance or Resolution # 189-12
Original Contract Date:
Original Contract Number:
01-10-13PO4:37 RCV0
Received in City
Clerk's Office
Comments:
Revised January 15, 2009
ave ville
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Directo4.40-
Alison Jumper, Park Planning Superintendent 06
From: Megan Dale, Urban Forester
Date: 9 January 2013
Subject: Bid 12-67 2012 Escrow Tree Planting Change Order #1
BACKGROUND:
The 2012 Escrow Tree Planting was approved on 18 September 2012. This project plants trees within the rights-
of-way to increase canopy lost during development. The project was almost complete, but on 20 December
2012, 60 mph winds blew trees over. Trees need to be made plumb and staked so they will be stabilized.
DISCUSSION:
Tree installation was complete prior to winds, but the contract was not finalized. Winds are considered a natural
disaster and outside the original contract scope of works.
RECOMMENDATION:
Staff recommends approval of Change Order #1 for Bid 12-67 2012 Escrow Tree Planting with Second Nature
Property Management LLC in amount of $4,438.50.
BUDGET IMPACT:
The cost of Change Order #1 is $4,438.50. This is within the contingency amount of $4,826.00, leaving a
balance of $387.50.
Attachments:
Change Order Form
Quote