HomeMy WebLinkAbout51-12 RESOLUTIONRESOLUTION NO. 51-12
A RESOLUTION AWARDING BID #12-15 AND AUTHORIZING A
CONTRACT WITH B&A PROPERTY MAINTENANCE IN A TOTAL
AMOUNT OF $225,713.00 FOR THE MAINTENANCE OF TREES, AND
APPROVING A FIVE PERCENT (5%) 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
#12-15 and authorizes a contract with B&A Property Maintenance in a total amount of
$225,713.00 for the maintenance of trees.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
five percent (5%) project contingency.
PASSED and APPROVED this 6th day of March, 2012.
APPROVED: ATTEST:
ByA at
LISA BRANSON, Deputy City Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/6/2012
City Council Meeting Date
Agenda Items Only
Alison Jumper 1e6 Park Planning
Submitted By
Division
Action Required:
Parks and Recreation
Department
A resolution awarding Bid #12-15 and approval of a contract with B & A Property Maintenance in the amount of
$75,237 annually for a maximum of three years for a total of $225,713 plus a 5% project contingency in the amount of
$11,286 for a total project cost of $236,999 for the maintenance of trees.
236,999.00
Cost of this request
4470.9470.5315.00
Account Number
08001.1-5
Project Number
Budgeted Item
334,929.00
Category / Project Budget
69,526.53
Tree Escrow Funds
Program Category/ Project Name
Contract Services
Funds Used to Date Program / Project Category Name
265,402.47
Sales Tax/Tree Escrow
Remaining Balance Fund Narne
Budget Adjustment Attached
11111111
Department Dire
40frifliZi34-47:014107/4-0
Date
ettomey
054,
0,,
/ 1.- a
Date
t
Finance and Internal Services Director Date
e;91711
Date
0 2/01.0
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
•11111=11.
Received in City02-17-12 A10:37 RCVD
Clerk's Office
zel
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To:
Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director C
From: Alison Jumper, Park Planning Superintendent t
Date: February 15,2012
Subject: Bid 12-15 Tree Maintenance Project
City Council Agenda Request for March 6 Meeting
PROPOSAL:
Chapter 167 of the Unified Development Code (UDC) 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 or building permit approval. Monies
received into the Tree Escrow Fund must be spent within seven years of receipt. Chapter 167 (J)(4)(c)(i) of the UDC
states, "Money contributed under this section: May be used for canopy mitigation, including planting site
identification, tree acquisition, planting, and maintenance utilizing either City Staff or contract labor."
Approximately 531 trees have been planted over the last two years from the Tree Escrow Fund and should be
regularly maintained for three years in effort to ensure healthy establishment. Parks and Recreation does not have
adequate resources to maintain this number of trees for three years. Consequently, Bid 12-15 was advertised on
January 16 and 23 and opened on February 10 and included tree maintenance for three years. Three vendors bid the
project including All Around Landscaping, Inc., Blades Landscaping and B & A Property Maintenance. Blades
Landscaping was the apparent low bidder but was disqualified for submitting an unbalanced bid and failure to
register as a plan holder on the project. B & A Property Maintenance was the next qualified low bid in the amount of
$75,237 annually.
If the contract is approved, trees will be maintained begininng in March, 2012 through March 2015.
RECOMMENDATION:
A resolution awarding Bid #12-15 and approval of a contract with B & A Property Maintenance in the amount of
$75,237 annually for a maximum of three years for a total of $225,713 plus a 5% project contingency in the amount
of $11,286 for a total project cost of $236,999 for the maintenance of trees.
BUDGET IMPACT:
The project is funded with Tree Escrow funds. Total project cost including a 5% project contingency is $236,999.
Attachments:
Staff Review Form
Certified Bid Tab
Contract Agreement Signed by Contractor
Purchase Requisition
RESOLUTION NO.
A RESOLUTION AWARDING BID #12-15 AND AUTHORIZING A
CONTRACT WITH B&A PROPERTY MAINTENANCE IN A TOTAL
AMOUNT OF $225,713,00 FOR THE MAINTENANCE OF TREES, AND
APPROVING A FIVE PERCENT (5%) 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
#12-15 and authorizes a contract with B&A Property Maintenance in a total amount of
$225,713.00 for the maintenance of trees.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
five percent (5%) project contingency.
PASSED and APPROVED this 661 day of March, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
arra iTlylle
BIDDER
1 All Around Landscaping, Inc.
Bid: 12-10
DATE: 02110/12
TIME: 2:00 PM
CITY OF FAYETTEVILLE
Bid 12-15, Tree Maintenance Project
Line Item 2 -Water Line Item 3 - Tree Mulching Line Item 4 - Staldng
Line Mon 1 - ponds 831 trees at rate of ad weed centre', 531 trees
per detail (Quimby' of
& irreurance twice per tree per year TOTAL COST
20gplAvaterIng 50)
Ply of 25) Ply of 1062)
1,470.09 $ 80,500.00 $
15,006.08 $ 2,500.00 $ 99,478.15
2 Blades Landscaping, LLC 1.800.00 $ 41,250.00 $ 10,820.00 $ 2,250.00 $ 60,926.10
*unkalamed tdd
3 B&A Property Maintenance 5 3,583.00 5 54.000.00 $ 15,154.74 $ 2,500.00 $ 75,237.74
CERTIFIED:
*NOTICE; Bid award is contingent upon vendor muting MillifTUM epoofficatIona and formal authorization by City officials.
PuLa
P. VICE, PURCH MGR
g415114?_
WITNESS DA
..,
,
l'Afi.:'.1..?....,r4tS'' *14..<0.410 ..., - 4:10:0
::!Al/Poiiiiiikeitic'ePittebeieiCiforted*Onfildis
... ..... j4,.
0 PAM.00413..*
,
.. ' *PI* -0.414,0:06k:.,
' risida46atioOdo:Onds
.: 4. -Heouwition
No.: 'Date:
211412012
P.0 Number: 'Expected
Delivery Dale:
: .: r,
,
.,----
Vendor ii; 'Vendor Name:
B & A Property Irlekeinance
Mail
Yes: No:
- -
Addres.s:
325 W. County Une Road
Fob Point
Taxable
Yes:_ No:
Quotes Attached
Yes: ._ No:
City
SpriNdate Ir:
Zip Code: Ship to code:
72762-..,..o-ir-it...,r3.,:-..-
D';.,p0.,•n Head Appmval,--- „.
Requester
Alison Jumper, Park Planning Superintendent
--ExtenSiorX
2369
469
Item
Description
Quantity
Unit or Issue
Unit Cost
Extended Cost
Account Numbers
Project/Subproject*
I rwentory d
Fixed Asset it
1
2
3
4
5
6
7
8
9
10
2012 Tree Maint. Project.
Escrow NW Per Bid 12-15
1
LS
37,831,41
637,831.41
4470.8470.5318.00
080012
2012 Tree Maint. Project -
Escrow NE Par Bid 12-15
1
LS
3,400.58
53,400.58
4470.9470.5315.09
08001.3
2012 Trite Maint. Project -
Escrow SW Per Bld 12-15
1
LS
14,189.07
$14.189.07
4470.0470.5315.00
08001.4
2012 Tree MaInt Project -
Escrow SE Per Bid 12-15
1
LS
19,838.69
$19.836.89
4470.9470.5315.00
08001.5
50.00
50.00
50.00
10.00
50•00
50.00
•
Shipping/Handling
'-pecial
Lot
50.00
— .
I nstrucfions:
Tax is included In the bid price.
Subtotal;
Tax:.
Total:
575,237.75
$75,237.75
APPrOvals:
Mayor;
Finance
Dispatch
Department Director:
Budget Manager
Utilities Manager
Purchasing Manager:
& Internal Services Directrit:
Manager.
IT Manager:
Other:
ORDINANCE NO. 5427
AN ORDINANCE TO AMEND CHAPTER 167: TREE PRESERVATION
AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE 13Y
REPLACING ALL REFERENCES TO "LANDSCAPE ADMINISTRATOR"
WITH "URBAN FORESTER", ALLOWING INCREASED FLEXIBILITY FOR
OFF-SITE PRESERVATION AND FORESTATION AND FOR OTHER
REASONS
WHEREAS, the City no longer has a "landscape administrator", but has incorporated all
duties of that position into the City's "urban forester" so the Tree Preservation and Protection
Chapter should be updated to refer to the "urban forester"; and
WHEREAS, the environmental and aesthetic value of trees can extend at least a quarter
mile especially for trees in riparian areas; and
WHEREAS, the City Council should have the power to grant a landowner the right to
use off-site preservation or forestation up to one-quarter mile from the city limits if the owner
conveys a tree conservation easement to the City of Fayetteville.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing
all references to "landscape administrator" with "urban forester" throughout this Chapter.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§167.04 Tree Preservation and Protection During Development by repealing subsections
(.1)(2) and (3) in their entireties and enacting replacement subsections (J)(2) and (3) as shown
below:
"(J)(2) Off-site preservation. The applicant may seek approval of
the urban forester to preserve an equal or greater amount of canopy
cover at a site within the city limits or, with the express approval of
the City Council by its resolution, within one-quarter mile of the
Fayetteville city limits.
City of Fayetteville
Bid 12-15, 2012 Tree Maintenance Project
Agreement — Between City and B & A Property Maintenance
IIY
This agreement is dated as of the (ell-',' day of Ctiaik . in the year of 2012 by and between
the City of Fayetteville, Arkansas (hereinafter called CI)Ty OF FAYETTEVILLE) and B & A PROPERTY
MAINTENANCE (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and B & A
PROPERTY MAINTENANCE, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
1. B & A PROPERTY MAINTENANCE at its own cost and expense shall furnish all labor,
materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits,
and all other accessories and services necessary to complete items bid per Bid 12-15 as stated
in B & A Property Maintenance's bid proposal, and in accordance with specifications attached
hereto and made a part hereof under Bid 12-15, all included herein as if spelled out word for
word.
2. The CITY OF FAYETTEVILLE shall pay B & A PROPERTY MAINTENANCE based on their bid
proposal in an amount not to exceed $75,237.74 each year for a maximum of three years.
Payments will be made after approval and acceptance of work and submission of invoice.
Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the CITY OF FAYETTEVILLE
and B & A PROPERTY MAINTENANCE consist of this Contract and the following documents
attached hereto, and made a part hereof:
A. Bid form identified as Invitation to Bid 12-15 with the specifications and conditions typed
thereon.
B. B & A PROPERTY MAINTENANCE's bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the CITY OF
FAYETTEVILLE and B & A PROPERTY MAINTENANCE and may be modified only by a duly
executed written instrument signed by the CITY OF FAYETTEVILLE and B & A PROPERTY
MAINTENANCE.
5. B & A PROPERTY MAINTENANCE shall not assign its duties under the terms of this
agreement.
6. B & A PROPERTY MAINTENANCE agrees to hold the CITY OF FAYETTEVILLE harmless and
indemnify the CITY OF FAYETTEVILLE, against any and all claims for property damage,
personal injury or death, arising from B & A PROPERTY MAINTENANCE's performance of this
contract. This clause shall not in any form or manner be construed to waive that tort immunity
set forth under Arkansas Law.
7. Contract Time: The Work shall be performed as needed for a period of three years beginning
March 15, 2012 through March 14, 2015.
8. The B & A PROPERTY MAINTENANCE shall be entitled to payment of ninety-five percent
(95%) of the earned progress payments when due, with the CITY OF FAYETTEVILLE retaining
five percent (5%) to assure faithful performance of the contract.
9. B & A PROPERTY MAINTENANCE shall furnish a certificate of insurance addressed to the
CITY OF FAYETTEVILLE, showing that he carries the following insurance which shall be
maintained throughout the term of the Contract. Any work sublet, the B & A PROPERTY
MAINTENANCE shall require the subcontractor similarly to provide worker's compensation
insurance. In case any employee engaged in work on the project under this contract is not
protected under Worker's Compensation Insurance, B & A PROPERTY MAINTENANCE shall
provide and shall cause each Subcontractor to provide adequate employer's liability insurance
for the protection of such of his employees as are not otherwise protected.
10.
11.
12. Freedom of Information Act: City of Fayetteville contracts 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, the B & A
PROPERTY MAINTENANCE 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 photo coping costs pursuant to the FOIA may be assessed for
this compliance.
13. Changes in Scope or Price: 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.
14. 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 nnaterialmen's liens in relation to this public
construction project. Arkansas law requires and the B & A PROPERTY MAINTENANCE
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 B & A PROPERTY
MAINTENANCE 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.
Workmen's Compensation
Comprehensive General & Automobile Insurance
Bodily Injury Liability
Statutory Amount
$500,000 for each person injured.
$1,000,000 for each accident.
Property Damage Liability $1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by B & A
PROPERTY MAINTENANCE.
B & A PROPERTY MAINTENANCE to furnish proof of licensure as required by all local and
state agencies.
This contract may be terminated by the CITY OF FAYETTEVILLE or B & A PROPERTY
MAINTENANCE within 10 days written notice.
WITNESS OUR HANDS THIS 0..jk- DAY OF
B & A PROPERTY MAINTENANCE
By
ArsviJ M Nit IZMA. p.1 Seer evel..ilioso
Printed Contractor Name & Title
ATTEST:
mpany Secreta
375' 0. Ci.y L.tnIC
Business Address
.91P-44elcavez• Ora 12:7 4)4
City, State & Zip Code
1 Date Signed:
, 2012.
CITY OF FAYETTEVILLE, ARKANSAS
driajoil
LlcNE D JORD =11r, Mayor
ATTEST:
Sondra Smith, City CI
Date Signed: laN
PAYMENT BOND
Annual Form
Bond NO. 105740021
Travelers Casualty and Surety Company of America
Hartford, CT 06183
KNOW ALL BY THESE PRESENTS, that we B and A Property Maintenance , as Principal,
and Travelers Casualty and Surety Company of America , ofConnecticut , authorized to do business in
Arkansas , as Surety, are held and firmly bound unto city of Fayetteville, Arkansas , as
Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work
hereinafter named, in the maximum penal sum of Seventy Five Thousand Two Hundred Thirty Seven Dollars and 74 cents
Dollars ( S75,237.74 ), lawful money of the United States of America, for which payment well and truly to
be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee, for
2012 Tree Maintenance Project
hereinafter referred to as the Contract) and more fully
described in said Contract, said Contract is hereby referred to and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons
who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of
which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit,
subject, however, to the Obligee's priority, then this obligation to be void; otherwise to rernain in full force and effect.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
April 1, 2012 10 April 1,2013 . The Bond may be extended, at the sole option of the Surety. by
continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision
not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other
security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending April I, 2015 . Regardless of the number of years this
Bond is in force. or the number of continuation certificates issued, this Bond shall not be extended beyond
April 1, 2015 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
4. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address:
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Attn:
6. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term; or after the expiration of ninety (90) days after the day on which any
person last supplied the labor and/or materials for which the claim is made, whichever occurs first. If this limitation is
void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of
the suit shall be applicable.
6. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
Doc ID: 014515550005 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 04/04/2012 at 09:54:18 AM
Fee Amt: $35.00 Paae 1 of 5
Washinaton County. AR
Bette Stamps Circuit Clerk
111111111111111 IIIM11111111111(11 FiieB031-00000111
SIGNED, SEALED AND DATED this 29th day of March 2012
By:
t,A ?itteccry IMAThnEr-ViasLLE
twt/t1-
t4.•cd.-4,44
Travelers Casually and Surely Company (A -America
, Principal
By:3
Elizabeth ifrowning Attorney -in -Fact
•
PERFORMANCE BOND Travelers Casualty and Surety Company of America
Annual Form
Bond No. 105740021
Hartford, CT 06183
KNOW ALL BY THESE PRESENTS, That we B and A Property Maintenance , as Principal,
and Travelers Casualty and Surety_Company of America , of Connecticut , authorized to do business in the
State of Arkansas , as Surety, are held and firmly bound unto city of Fayetteville, Arkansas
as Obligee, in the maximum penal SUM of Seventy Five Thousand Two Hundred Thirty Seven Dollars and 74 Cents
Dollars ( 575,237.74 ), lawful money of the United States of America, for which payment
well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in
accordance with the terms and conditions of the 2012 Tree Maintenance Project
, (hereinafter
referred to as the Contract), said Contract is hereby referred to and made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns,
shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void;
otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
April 1,2012 to April 1,2013 . The Bond may be extended, at the sole option of the Surety,
by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's
decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to the a replacement bond
or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the
Obligee recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending April 1,2015 . Regardless of the number of years this
Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond
April 1. 2015 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address:
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 061/13
Attn:
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 29th day of
Nlarch 12
44EVOF e4404rr:Alevic?
-1&50,4 AizerAMNI. , Principal
Travelers Casualty and Surety Company of America
BY: g-ef
ElizabethBrowning , Attorney -in -Fact
TRAVELERSJ
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 224405
St. Paul Mercury Insurance Company
Travelers Casually and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 004662573
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
William G. Cobb Jr., John M. Harbour Jr., Jan Weideman, and Elizabeth Browning
of the City of Little Rock State of Arkansas their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in theirebusiness 1:211guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permittecl'in any'actions orproceedings allowed by law.
%t*
e4A.0
'TA
\CC -
20th
IN WITNESS WHEREOF, the Com5ilei have caused this instrument•to be signerrand their' corporate seals to be hereto affixed, this
December
•
.e,`0$'5 (C.
day of
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and GuarantylniranceCoriipanyki
Fidelity and Guaranty Inser4ce6Underwriters, Inc.
Si Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
20th December 2011
On this the day of before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Si. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, Si. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of lune, 2016.
58440-6-11 Printed in U.S.A.
Marie C. C. Tetreault, Notary Public
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
0
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of' America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that thejChairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's narne and seal with the
Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any '
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any pals of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the Office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indenulity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power Of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes,.the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, Si Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United.SUtes FidelieZand Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said CompanArsvhTchlis infu1I foreel'all'effect and has not been revoked.
_((.00.441)70
A$ \
IN TESTIMONY WHEREOF, I have hereunto set my hand anctaftmed the.seals of Said.Clomp'anies this 29741 day of 140 -ALC -1-1 20 1
0
Kevin E. Hughes, Assistant Sefi'c tary
okoz,,,t
To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
PERFORMANCE BOND
Annual Form
Bond No. 105740021
Travelers Casualty and Surety Company of America
Hartford, CT 06183
_I1I1l Illog.
KNOW ALL BY THESE PRESENTS, That we B and A Property Maintenance , as Principal,
and Travelers Casualty and Surety Company of America , of Connecticut , authorized to do business in the
State of Arkansas , as Surety, are held and firmly bound unto city of Fayetteville, Arkansas
as Obligee, in the maximum penal sum of severity Five Thousand Two Hundred Thirty Seven Dollars and 74 Cents
Dollars ( $75,237.74 ), lawful money of the United States of America, for which payment
well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in
accordance with the terms and conditions of the 2012 Tree Maintenance Proiect - year 2
, (hereinafter
referred to as the Contract), said Contract is hereby referred to and made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that If the above named Principal, its successors and assigns,
shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void;
otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond Shall be effective for the definite period of
April 1,2013 to April 1.2014 . The Bond may be extended, at the sole option of the Surety,
by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's
decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond
or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the
Obligee recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending April 1, 2015 . Regardless of the number of years this
Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond
April 1.2015 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no,event exceed the amount set forth
above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment r.nust be made prior to the expiry date of this
Bond.
Surety Address:
Travelers Casualty and SUretv Company of_America
One Tower Square
Hartford, CT 06183
Attn:
Doc ID: 0150E15750005 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 03/19/2013 at 12:39:55 PM
Fee Amt: $38.00 Page 1 of 8
Washington County, AR
Kyle Sylvester Circuit Clerk
FueB031-00000783
— — —
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 15th day of March
By:
2013 .
Travelers Casually and Surety Company of America
i
By: _ _13 ‘-..6 04-4, r-_--)/r-CJ)(
Elizabeth Browning
*, Attorney -in -Fact
PAYMENT BOND
Annual Form
Bond NO. 105740021
Travelers Casualty and Surety Company of America
Hartford, CT 06183
KNOW ALL BY THESE PRESENTS, that we II and A Properly Maintenance , as Principal,
and Travelers Casualty and Surety Company of America , of Connecticut , authorized to do business in
Arkansas , as Surety, are held and firmly bound unto City of Fayetteville, Arkansas , as
Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work
hereinafter named, in the maximum penal sum of Seventy rive Thousand Two Hundred Thirty Seven Dollars and 74 Cents
Dollars ( $75,237.74 ), lawful money of the United States of America, for which payment well and truly to
be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee, for
2012 Tree Maintenance Project - year 2
hereinafter referred to as the Contract) and more fully
described in said Contract, said Contract is hereby referred to and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons
who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of
which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit,
subject, however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
April 1,2013 to April 1,2014 . The Bond may be extended, at the sole option of the Surety, by
continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision
not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other
security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending April 1,2015 . Regardless of the number of years this
Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond
April 1,2015 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
4. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address:
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Attn:
5. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought•or instituted upon the Surety within one year
from termination or expiration of the bond term; or after the expiration of ninety (90) days after the day on which any
person last supplied the labor and/or materials for which the claim is made, whichever occurs first. If this limitation is
void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of
the suit shall be applicable.
6. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 15th day of March 2013
Travelers Casualty and Surety Company of America
By:
Elizabeth Browning
Lrt)
, Attorney -in -Fact
TRAVELERS J
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact N. 22603
St, Paul Mercury Insurance Company
Travelers Cos -Lathy and Surety Company
Travelers Casualty and Surety Company of America
United Slates Fidelity and Guaranty Company
Certificate No. 005330120
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is o
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
William G. Cobb Jr., John M. Harbour Jr., and Elizabeth Browning
of the City of 1 Attie Rock State of Arkansas their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 11th
January 2013
day nf
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
• St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
Robert L. Raney, enior Vice President
11th January
On this the day of 2013 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereuf,1 hemunto set my hand and official seal.
My Commission expires the 30th day of June, 2016.
58440-8-12 Printed in U.S.A.
e.
),(\.43ith
Marie C. Tareault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER