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191-13 RESOLUTION
RESOLUTION NO.191-13 A RESOLUTION AWARDING BID #13-48 AND AUTHORIZING A CONTRACT WITH B&A PROPERTY MAINTENANCE IN THE AMOUNT OF $28,220.00 FOR TREE PLANTING AND MAINTENANCE, 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 # 13-48 and authorizes a contract with B&A Property Maintenance in the amount of $28,220.00 for tree planting and maintenance, and further approves a ten percent (10%) project contingency. PASSED and APPROVED this 17" day of September, 2013. APPROVED: Lo ATTEST: By: Cx SONDRA E. SMITH, City Clerk/Treasurer ������.• of Y F : FAYETfEVILLE��w .��xF� 7-O�itaO°~` City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/17/2013 City Council Meeting Date Agenda [tens Only Ken Eastin 69r, , Park PlanningAlrban Forestry Parks and Recreation Submitted By Division Department Action Requlmd• A resolution awarding Bid #13-48 and approval of a contract with B & A PropertyMaintenance in the amount of $28,220 with a 10% project contingency of $2,822 for a total project cost of $31,042 for the planting and maintenance of trees for the Tree Escrow Fund. $ 31,042.00 Cost of this request 4470.9470,5315.00 Account Number $ 85,219.00 Category/ Project Budget $ 17,570.00 Tree Escrow Funds Program Category I Project Name Contract Services Program 1 Project Category Name 08001.3-4 $ 67,649.00 Sales Tax/Tree Escrow Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number. Date t; au-^ I--- \ % 6 --NO I 20 e3 Finance and Internal Services Director Date Of - -1 Date We Received in City Clerk's Office "3o-13 =Receivetdin Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director CL Alison Jumper, Park Planning Superintendent ao From: Ken Eastin, Urban Forester .- Date: August 29, 2013 Subject: Bid # 13-48, Construction - 2013 Tree Planting Project Agenda Request for September 17, 2013 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 or subdivision 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 $37,560 must be spent by December 2013. This money will be used to plant trees and restore tree canopy in various sections of the city where canopy was removed by development. Minimum amount to spend would be accomplished through this proposed project and an already approved 2013 contract for maintenance of existing escrow trees. The bid for the 2013 Tree Planting Project was advertised on August 9 h and 16"' and opened on August 23 h. Five (5) vendors submitted bids as shown in the following table: Bidder Total Base Bid B & A Property Maintenance $28,220 Dixon Contracting, Inc Re'ected — Invalid Bid Bond Four Seasons Landscaping $33,845.80 River City Construction $60,400.38 Second Nature Property Management, LLC $39,779.90 B & A Property Maintenance was the low bid in the amount of $28,220. If approved, the trees will be planted by December 31, 2013. RECOMMENDATION: A resolution awarding Bid #1348 and approval of a contract with B. & A Property Maintenance in the amount of $28,220 with a 10% project contingency of $2,822 for a total project cost of $31,042 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 $31,042, and is accounted for in Project Number 08001.3-4. THE CITY OF FAYETTEVILLE, ARKANSAS Attachments: Staff Review Form Certified Bid Tab Bid Submission- B &c A Property Maintenance 2013 Tree Planting Project Overall Site Map Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #13-48 AND AUTHORIZING A CONTRACT WITH B&A PROPERTY MAINTENANCE IN THE AMOUNT OF $28,220.00 FOR TREE PLANTING AND MAINTENANCE, 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 #13-48 and authorizes a contract with B&A Property Maintenance in the amount of $28,220.00 for tree planting and maintenance, and further approves a ten percent (10%) project contingency. PASSED and APPROVED this 17`h day of September, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer '017auftyfth e e NS le AnN AN SnS BID: 1348 DATE:08WI13 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 1348, Construction - 2013 Tree Planting Project �.. x:; -. r:• . �,.� ��. - aL.:BASE:6li3`.;! 1 B & A Property Maintenance $ 28,220.00 2 Dixon Contracting Inc Rejected -invalid Bid Bond 3 Four Seasons Landscaping $ 33,845.80 4 River City Construction $ 60,400.38 b Second Mature Property Mgmt., LLC $ 39,779.90 "NOTICE: Bid award is contingent upon gender meeting minimum specificatlons and formal authorization by city offlclals. QCERTIFIED: 1 u .J_tj Lal�A_8 - la P. VICE, PORCH MGR TMESS DATE NOTICE To CUSTOMERS THE PURCHASE OF AN INOEMMRY BONG 1V141 BE RkOlRREo BEF57PIE nNY pFP'ICl _EGK W TH13 BAH4t SPILL EE REPLACRo ^ ^ q' f f ~Vi r QR FIEFUILE�NTNE EVENT fr Iti LOST. YlBPLACEOOR STpIEH. VK Yf r _T ❑&.I WTE9 m TA F ,� ACT ON THE A N K A80VE UNTIL T/1E 9ol'H wAV AFTF]R HATE OF ISSUANCE $ ST�871829 P.O. Sox 7EE 11633521 REmrn ER,7fi&OYi NCR IN. Lo ii, AR rajas DATEAOLLst Sr 291 PAY TO THE $ 1 t .on • GIiY OF FRYETTE'dYLLF_ ORDEROF �neoucurieurwsnwlmwr'wr'ilxaEUR�wA�Ewaanw.uuRmalRocnwuau:.�acnma.�.,.Tr�sEfFeTVRcswulRucA xwcr. l41 . CASHIER'S CHECK a•339?48?I8+rC38290CJa?2l: LL533621,10 i 7aye I ARKAN5A5 Project Check list Bid 13-489 Construction - 2813 Tree Planting Protect 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. a% Bid Bond of the amount bid accompanied by required documentation (Power IT] 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 fire percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. 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 F)7(price as well as the total bid price. Total base bid should be calculated in the provided space. 171 All bidders shall submit the following forms with each bid: Bid Form, Debarment Certification Form, Vendor References & Statement of Disclosure. F-1 All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. E 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. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: t3!t,r i?r 0ff= Mkt&KC4AN�-F . ARKANSAS CONTRACTOR'S LICENSE #: d 2.245 051 Bid 1348, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 Section 00 41 13 BID FORM Contract Name: Bid 1348, Construction — 2013 Tree Planting Project Bid Number 13-48 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Nt4w-rE iA,a tcC_ L " p Si}K� l+rpbc� ,4cc 12764 Section 1 — Intent: The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and fumish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 — Terms & Conditions: Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of CiVs Notice of Award. Section 3 — Bidder's Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number AJat-&da I Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville Date st August 2013 K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited orinduced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation: of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4 — Base Bid Price: Stem Estimated Unit DwaiptionofItem Lump Sun Moltili ation - (natw=wmd 3% afmml hldf (2) CV4& T%Aov.s Ma Z± T dollar aatenlRn tithes ut waAs NutsttySouice{ragairosi) Utstptice Told Amount S( t ( CNDePLIS. S 1 aoi5'= in6gims infigurts prkedoa E be I zMW a mambm to :EiiacshatI - Completein pleceperspecifications& dedils(2) 2 SZ Bess& (3) E`Lyzo :0jas&4c Sig l l,aA fiaxv _S+,,taor g's S( ;M%V0,y'EA S i S am ataomYwritteninwadsI in figures if figures sh mtard oaltenersi<s sinnnw- fi - Complete in 3 33 .Bach place perspeciwttions&details(2)(3) LAM Two. eA N D $I, ri IfTy GO C eon SA-tj or. � 5 S( 2i5sn )'EA s 0V amouttwtimainwocds infigures i figures Shad omasterThoratesr Aone)Ucust GloWs bddcan&w tmr. dternss Madenattw' - Complete 4 32 Filch In place per speeifications& de4$s(2) (3) lfms SANL7Eii S S( 22.4{'- )am. s a moudwtitfeninwords in&gues ides 5 l Ltm,oSusn Site Restoration (4) (6)amqMA�z_t ` q eUitsY atistk3val )n.. Tg�s 4' auq� t%a� ,0_ 'ft+t� LI,.,N ee+t � dollars s � s. s � t 30 .. " fi TOTAL SASE STA atnttuat Written in ** 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. Bid 1348, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 Costs include a complete turn -key price for obtaining specified plant material and properly 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. Ail 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 the City reserves the right to award the total project, or to reject any or all bids and to waive any informalitles 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. Section 5 — t_i:stin4 of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I Wit not enter into contracts with others for these divisions of the Work without written approval from the City. NIA Section 6 —Contract Times: A.) Bidder agrees that the Worts will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 — Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: Contractor:- MA Fear-F= T: M'-L «f3T' eJAPJ - Primary Contact: -3 &S. ta 110 Address: 325 w_ C. �, ca F �-SI?et,�iC-�nAL>w_ Phone No.: g515 FAX No.: ? O 3 Bid 1348; Construction -2013 Tree Planting Project City of Fayetteville August 2013 Section 8 — Swinature: A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this F?--, o ar Date of v w , 20 1.'3 Arkansas State Contractor License No. __0 22S It 5 043 t e If Bidder is: OPTION 1: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No. OP71ON 2: A PgdDershio Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No. OPTION 3: A Corporation gip, P1zve+�,crY�«rGr3�� Corporation Name: C LA G �t-c 11a (SEAL) Date of Incorporation: _ t r an Type (General Business, Professional, Service, Limited Liabillty): L L,,K- cl C,, ,tL }r Bid 1348, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 By: (Signature —attach evidence of authority to sign) Name (type or prinled)* 3 ASbri M_ 1-A r Title: — OPrtTs1S (CORPORATE SEAL) Business address: Phone No.: (&ndI) S-rL-_{5 (- FAX No.: &7!" ) i SLe — C>-61 **NOTICE: BIDDERS ARE REQUIRED TO PROVIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED. **THE CITY INTENDS TO AWARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJECT PLUS 25%. IN THE EVENT NO BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJCET, PLUS 25%, THE CITY WILL UTILIZE DEDUCTIVE ALTERNATES, IF APPLICABLE, IN ORDER UNTIL BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFIED, PLUS 25%. IN THE. EVENT ALL DEDUCTIVE ALTERNATES ARE SUBTRACTED AND NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS 25%, ALL BIDS SHALL BE REJECTED. End of Section 00 41 13 Bid 1348, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 Section 00 41 18 VENDOR REFERENCES Bid #13-48, Construction — 2013 Tree Planting Project The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: B c A FVoPr-e'TY BUSINESS ADDRESS: �;ZS W. C..auo-ry Liour -&Ah'i271d�1- NUMBER OF YEARS IN BUSINESS: 11 HOW LONG IN PRESENT LOCATION: S_ TOTAL NUMBER OF CURRENT EMPLOYEES: I 'I— FULL TIME 15 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience. I. Cvvg!Y14KD isr !M`A,gz..oTr COMPANY NAME r A CITY, STATE, ZIP f� C LAA eA�t e. CONTACT PERSON fif-in) S 7 1 -•`gDO TELEPHONE -7)(( li3 DATE O PLETED E-MAIL ADDRESS Bid 13.48, Construction - 2013 Tree Planting Project City of Fayetteville 2. COMPANY NAME c7��4� Qi- "72`75$ CITY, STATE, ZIP 5uog�_F__ L-1pl1-K i L.-I CONTACT PERSON (tn a) &a io P- `i-s TELEPHONE 7�iS1 {2- DATE COATIPLETED :5W_1IW_19T9I.f*S-i August 2013 Bid # 13-48, Construction - 2013 Tree Planting Project Vendor References Continued 3. _ Sx+AA- Gr�tas COMPANY NAME �G1+ITf7t�Vl�c_� CITY, STATE, ZIP Qpr-"00 — CONTACT PERSON _ ).Valr5S3i TELEPH ON E DATEICOMPLETED E-MAIL ADDRESS Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville 4. FL �- COMPANY NAME 5mi&A(:al7°k CITY, STATE, ZIP M A= F: CONTACT PERSON CLI-71- S32-0 TELEPHONE BATE COMPLETED 0 1*-(& CUrArenrMpXK!1 o Lowr E-MAIL ADDRESS August 2013 Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the it — day of the year 2013 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and B & A Property Maintenance (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, 2013. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) 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 Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS B & A Property Maintenance ITEM ; DESCRIPTION UNIT EST. UNIT. TOTAL # QTY: PRICE Mobilization (not to exceed 5% of project L.S. 1. 1 bid) (1) $1,000.00 $1,000.00 Princeton Elm Ulmus americana 'Princeton' - Complete in place per EA 52 2 specifications & details (2)(3) $224.00 $11,648.00 Shumard Oak Quercus shumardii - Complete in place per specifications & EA 33 3 details (2)(3) $215.00 $7,095.00 Shademaster Thornless Honeylocust Gleditsia tricanthos var. inermis 'Shademaster - Complete in place per EA 32 specifications & details (2)(3) 4 $224.00 $7,168.00 5 Site Restoration (4)(5) L.S. 1 $1,309.00 $1,309.00 TOTAL CONTRACT AMOUNT $28,220.00 Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 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.E of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC-14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.13.5 & 14.02.13 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 14.02.13.5 & 14.02.13 of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.13 of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.E & 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.E & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the sites and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary Bic! 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 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. 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 S5.1 with each sheet bearing the following general title: 2013 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 Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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 Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 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. 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 .—, 2013 (which is the Effective Date of The Agreement). CITY OF FAYETTEVILLE: By; [CO Attest 2 I, - Address forgiving notices CONTRACTOR rf do 1* � Lc+wr� q� ca GLC_ r dt•� gz A PIro PE-e-YY AltA-41f AtAP-M [CORPORATE SEAL] `Attest * If a Corporation, attest by the Secretary. Address for giving notices (if CITY OF FAYETTEVILLE is a public body, attach License No. o 2515o5 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 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 O N � y Q O LL m l6 N s V Lv N c�p1 C 7 G U Q O O O C! O o w a 04 n m m X a } N N N W Z z �9r G O U r r c � O M O m Q O C C p E c 3 m m H z I Cy O .. C N p7 C N - y UI .. z r .>T o m o (A 1� Q M a o5xry o O fn l0] M in O o E aui o c >y w z' ci O ¢ N 0 a ErQ c ui 7fa C ab go � e Cl o 0 0 0 w w M w w eOH w p a w 4 ..7 in La to M W •` WID M N _m VVV C � to CL ^ C r r C p co ` 9 co S� mr a w c e a m CL � N S o m a v 3 m amm�r. x jR NI O O .p , per, !� O L R A C7 N N X C ad to O «O. V M {J Y N r N P'� A d' Y7 fp 00 01 L� T CG Ll �L 2 li B-9116829 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): Cam Lawn Services LLC DBA B&A Property Maintenance 4 Lost Branch Greenbrier, AR 72058 OWNER (Name, legal status and address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT BOND Date: September 18, 2013 Amount: $28,220.00 Description (Name and location): Tree Planting SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): September 18, 2013 Amount: $28,220.00 Modifications to this Bond: ❑ None This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. ❑ See Section 16 t r CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) , _r Cam Lawn Services LLC DBA B&A Property Maintenance THE CINCINNATI INSURANCE COMPANYr „ r Signature: Signature: �.. r Name and Title: Name and Title: f Angela M Allen - Power of Attorney (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY - Name, address And telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Farris Agency, Inc. or other parry): P.O. Box 460 111111111 1 II I II{Illlllllll{IIIllllllll{{I Conway, AR 72033 111lllllllllllllllllllllll{IIIII{I {II Doc ID: 015417480010 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/27/2013 at 09:23:44 AM Fee Amt: $60.00 Page 1 of 10 Washington County, AR Kyle Sylvester Circuit Clerk FileB320-00000140 The Company cmcatting this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11110) PERFORMANCE BOND 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. if the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from quahifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, b be secured vithperforTnance and payrrent bonds executed by a qualfied suretyequivalentto the bonds issied on he Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess ofthe Balance ofthe Contract Price incurred by the Oxneras aresult ofthe Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. fjj 7 The Company exearting this bond vouches that this document conforms to American Institute of Arctdteots Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. S If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond 9 The Surety shall. not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which the signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished, the intent is that this Bond shdl be construed as a statuary bond and notas a common law bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. - -37_ The Company cxetuting this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporals Seal) �w Cam Lawn Services LLC SBA B&A Property Maintenance THE CINCI "ATIRANCE COMPANY " Signature:,(f�� µ Signatur Name and Title: Address: Name and Title: Angela M Allen Address: 801 Parkway Ave, Conway AR 72033 The Company c ccuting this bond vouches tha this document canrorns to American Institute of Architects Documenl A312, 2010 Edition. S-2100-AIA-A312 01110) PERFORMANCE BOND Page 4 THE CINCINNATI INSURANCEF COMPANY Fairfield, Ohiu POWER OF ATTORNEY KNOW ALL MEIN 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 Wm. J Farris, Jr„ Robert Travis Mulhearn, Leslie D Davenport, Daniel D Darden, Christina D Horn, Angela M Allen, Alan Don White, of Conway, AR its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act mid deed, any and all bonds. policies, iindertakings, or other like instruments, as follows: Twenty Million Dollars and 001100 ($20,000,000.00) 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 toting, on the 61 day of December. 195H, 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 Anorney-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 Atiomevs-in- Fact sliall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elecled 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 7°i day of Decemher, 1973. -RESOLVED, that the signature of the President or a Vice ['resident 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 seat 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, T1117 CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate sea1,,el by its Vice President this 1©'" day of May, ?012.THE CINCINNATI INSURANCECOMPANY Vice President STAO ) ss: COUNTY OF BUTLER } On this 10" day of May, 2012, 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 allixed and subscribed to said instrument by the authority and dircetiott_of said corporation. MARK J. H LLER, Attorney at Law ROTARY PUBLIC - STATE OF OHIO My commission 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. der my hand and seal of said Company at Fairfield, Ohio. day of Assistant Secretary B-9116829 THE CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): Cam Lawn Services LLC DBA B&A Property Maintenance 4 Lost Branch Greenbrier, AR 72058 OWNER (Name, legal status and address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT BOND Date: September 18, 2013 Amount: $28,220.00 Description (Name and location): Tree Planting SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): September 18, 2013 Amount: $28,220.00 Modifications to this Bond: ❑ None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY ; Company: (Corporate Seal) Company: Corporate Seal) = Cam Lawn Services LLC DBA B&A Property Maintenance THE CINCINN TI INSURANCE COMPANY t �+ Signature: -- _ Signature: - Name and Title: Name and Title: ". Angela M Allen - Power of Attorney (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Farris Agency, Inc. or other party): P.O. Box 460 Conway, AR 72033 The Company cxceuting this bond vouches that this document conforms to American Institute of Architocts Document A312, 2010 Edition. S 2150,AIA-A312 (11/10) PAYMENT BOND Page 5 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 21f the Contractor promptly makes payment of all sums due to Claimants, and defends, inderrmifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default underthe Constructbn Contract, the Surety's obligation to the Owner under his Bond shdl arise after the Owner has promptly notified the Contractor and the Suety (atthe address described in Section 13)of claims, demands, lens or suits against be Owner or the Owner's property by an person or entittyy seeking payrrent for labor, materials or equipment fumishedforuse in the perfrmance ofthe Obnstmceon Contact and tendeed defenseof suchclaims, demands, liens or suit; to the Contractorand the Surety. 4 When the Owner has satisfied he conditions in Sectbn 3, die Surety shall promptly and at the Surety's expense defend, indemnifyand holdharmless the Owneragainsta duly tendered claim, demand, lien orsuit. 5 The Surety's obligations b a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direr contractwith the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employai by or have a direct contract with the tbntractor, haw senta Claim to the Surety (at the address described it Section 13). 6 If a notce of noun -payment required by Sectnn 5.1.1 is gven by tie Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation t3 furnish a written notice ofnon-paymentunderSection 5.1.1. 7 When a Claimanthas satisfied the conditons ofSections 5.1 or5.2, whicheveris applicable, tie Surety shallpromptly and at the Surety'sexpense take the folowing actions: 7.1 Send an answerto the Claimant,with a copy b the Owner, within sixty (50) days afterreceiptof the Claim, stating he amounts that are undisputed and the basis fo>rhallenging anyamounts thatare disputed; and 7.2 Pay or arrange for payment of any undisphted amounts. 7.3 The Surety'sfailure b discharge is obligations under Sectbn 7.1 orSection 7.2 shdl not be deemed toconstitute a waiver of defenses the Suiety orContractormay have oracquire alto aClaim, exceptas to undsputed amounts forwhich tie Surety and Oaimart have reached agreement If, however, the Surety Us b discharge its oblgations under Section 7.1 orSection 7.2, the Surety shall indemnify the Claimant forthe reasonable attorneys fees the Claimant incurs thereafbr to recover any sums found ID be due and owing b the Claimant. 8 The Surety's total obligation shallnot exceed the amount ofthis Bond, plus the amount of reasonable attorney's fees provided under Sectbn 7.3, and the amount of this Bond shallbe credited 5r any payrrunts mach in good faith by the Suety. 9 Amounts owed by tie Owner to the Contactor under he Construction Contractshall be used for the performance ofthe Construction Contract and b satisfy claims, if anyy underany construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree thatall funds eamed by he Contractor in the perfarmance ofthe Construction Contract are dedicated to satisfy obligations ofthe Contractorand Suety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company mecuting this bond vouches that this document contours to American Institute of Archtects Document A312, 2010 Edition. S-2150-AIA A312 (11/10) PAYMENT BOND Page 6 10 The Suretyshall not be cable b the Owner, Claimants orothers for obligations of the Contractorthatare unrelat;d to the Construction Contract. The Owner shall not be liable for payment of any costs orexpenses of any Claimant under this Bond, and shall have under this Bond no obligatmns to make payments to, or give notice on behalfif, Claimants orotherwse have any oblgations to Claimants und:r this Bond 11 The Suretyheneby waives notice of any chance, including charges oftime, to the Construction Contract or to related subcontracts, purchase orders and othetobligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall pen -nit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished, .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. b-7 The Company executing this bond vouches that this document conforrm to American Institute of Ardiitects Document A312, 2010 Edition.S S-2150-AIA A312 (11110) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)_ CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Cam Lawn Services "L"L,C�}D—BA B&A Property Maintenance Signature:,�,w Name and Title: Address: SURETY - Company: (Corporate Seal) r THE C1NCINNAT INSURANCE COMPANY r r Signature. 00 Name and Title: Angela fill Allen - Power of Attorney Address: 801 Parkway Ave, Conway AR 72033 The Company executing this bond vouches that this documentconforms to American Institute of Architects Do=erl A312, 2010 Edition. S-2150-AIA-A312 (11110) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COi111PANV 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 Wm. J Farris, Jr., Robert Travis Mulhearn, Leslie D Davenport, Daniel D Derden, Christina D Flom, Angela M Allen, Alan Don White, of Conway, 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: Twenty Million Dollars and 001100 ($20,000,000.00) 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 G'" day of December, 195.4, 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 instnuments on behalf of the Corporation, and may authorize any officer or any such Atiomey-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 Attorneys -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 tinder 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 71 day of December, 1973, "RESOLVED, lhat 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 he affixed by facsimile to any certificate of any such power and any such power of certificate hearing 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 10' day of May, 2011 THE CINCINNATI INSURANCE COMPANY Vice President 1CO • ) ss: (J, BUTLER ) On this 10" day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to he the oflicer 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 atlixed and subscribed to said instrument by the authority and direction -of said corporation. eq—ALL A �. 8 k7. 1f 1+ `9; E off,, MARK J. FILER, Attorney at Law NOTARY PUSUC - STATE OF OrtO My commission has no axplretion 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 ol'the Original Power of Attorney issued by said Company, and do hereby farther certify that the said Power of Attorney is stilt in [till force and cocci. GIVEN under my hand and seal of said Company at Fairfield th'-PI day of Bl� Ohio, Assistant Secretary Section 00 51 00 NOTICE OF AWARD TO: B & A Property Maintenance PROJECT DESCRIPTION: Construction - 2013 Tree Planting Project The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 9, 2013 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: 28,220. You are required by the Instructions to Bidders to execute the Contract and furnish TWO (2) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. Refer to the Instructions to Bidders section 00 21 13 for timing. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 25th day of September , 2013. CITY OF FAYETTEVILLE By - Ken Eastin Title: Urban Forester ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by J.,so�-i eFoy G�Nt L�►-wi.[ �,V(c � L �1m, RSA- Ehrr.z-rY J L-(--t+^tcC this the k�r__,..tr y r, ors+- day of ,7rz- m3Er — .2013. Title: Bid 13-48, Construction - 2013 Tree Planting Project City of Fayetteville August 2013 Ken Eastin Submitted By City of Fayetteville Item Review Form aM, - oao Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: pYo" Kbwn "t DVl`).W4-� jql� 13 Parks & Recreation Department IRequest for approval of Change Order #1 to Resolution 191-13 for Bid # 13-48 with B&A Property Maintenance in the amount of $2,437 for the planting of 10 additional trees (see attached memo). Does this item have a cost? Yes $2,437.00 Cost of this request 4470.9470.5315.00 Account Number 08001.4 Project Number Budgeted Item? Yes Previous Ordinance or Resolution # Original Contract Number: Comments: $52,057.00 Category or Project Budget $28,400.42 Funds Used to Date $21,219.58 Remaining Balance Budget Adjustment Attached? NO 191-13 13-48 Tree Escrow Funds Program or Project Name Contract Services Program or Project Category Sales Tax/Tree Escrow Fund Name V20130812 • Z ille -ARKANSASM THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 CHANGE ORDER NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Bid 13-48 - 2013 Tree Planting Project Name of Contractor: B and A Property Maintenance, Inc. Address of Contractor: 325 West County Line Rd. Springdale, AR 72762 Date of Contract: September 17, 2013 Original Contract Sum: $ 28,220.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 28,220.00 Contract Sum increase this Change Order: $ $2 437.00 New Contract Sum including this Change Order: $ 30,657.00 Subject and Reason for this Change Order: Staff is requesting approval for the following changes: Additional planting spaces remain in this quadrant, and funds remain in project contingency to complete the project. This project is funded with Tree Escrow Funds which are required to be spent in 2013. Additional Time Requested: 0 Calendar Days Dated this 03 day of December, 2013 CITY OF FAYETTEVILLE Parks & Recreation Department By: _�Z' e_�_ Ken Eastin Urban Forester CITY OFF ETTE IL E B. Mayor T�p o dan ATTEST,(► _ A FAYETTEVILLE 'u • 9 C : '9J' • �KANSP Z B and A Property Maintenance, Inc. Contractor p� C �) B- Title: QeFPAnan15 - 9WA ATTEST: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 / £ q §to k § § c ; § 2 e 2 £ LU ° # CL i 69 ul Ls to � e ul 2 § § ul § a 2 � 2 � k ¥ ¥ � � u \ . c � e Z ~ � § co ■� @ ■ ( � § � � 2 2 § � ) - § k— 2 0 c0 .2 _ CL _ \ k ■ k Q 2 0 E m®LU £� � ■ u e § ( f § U 5 - ) %§ § § % � \ « e R$ f £ § m w ccf m E ka 7 5 -� k o K LU � � & #( § 2 a)} o k §5 IE f # 0 m# U) 2 c N cc ) B e_ c 2 § [ to m o r 0- / ƒ k 9 �