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HomeMy WebLinkAbout243-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 243-20 File Number: 2020-0780 BID 920-73 BUILDING EXTERIORS, INC.: A RESOLUTION TO AWARD BID #20-73 AND AUTHORIZE A CONTRACT WITH BUILDING EXTERIORS, INC. IN THE AMOUNT OF $70,658.00 FOR THE INSTALLATION OF 160 TREES ALONG THE CATO SPRINGS TRAIL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-73 and authorizes Mayor Jordan to sign a contract with Building Exteriors, Inc., a copy of which is attached to this Resolution, in the amount of $70,658.00 for the installation of 160 trees along the Cato Springs Trail, and further approves a project contingency in the amount of $7,000.00. PASSED arJd APPROVED on 10/6/2020 Attest: Lioneld Jorda a or Kara Paxton, City Clerk Treasu`0'G\TY 0 F FAYETTEVILLE:_ 9J;'9'QIfANSPS c�` Page 1 Printed on City of Fayetteville1 Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0780 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 BID 920-73 BUILDING EXTERIORS, INC.: A RESOLUTION TO AWARD BID #20-73 AND AUTHORIZE A CONTRACT WITH BUILDING EXTERIORS, INC. IN THE AMOUNT OF $70,658.00 FOR THE INSTALLATION OF 160 TREES ALONG THE CATO SPRINGS TRAIL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 920-73 and authorizes Mayor Jordan to sign a contract with Building Exteriors, Inc., a copy of which is attached to this Resolution, in the amount of $70,658.00 for the installation of 160 trees along the Cato Springs Trail, and further approves a project contingency in the amount of $7,000.00. City o1 Fayetteville, Arkansas Page 1 Printed on 10/712020 City of Fayetteville Staff Review Form 2020-0780 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item John J. Scott 9/17/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract with Building Exteriors to plant 160 trees for $70,658.00 along Cato Springs Trail in South Fayetteville with a $7,000.00 project contingency. Budget Impact: 4470. S 20.8S 20-5806.00 Account Number Sales Tax Cap Impr 08001.1 Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Fund Tree Escrow Project Title $ 128,818.00 $ 434.72 $ 128,383.28 $ 70,658.00 $ 57,725.28 Purchase Order Number: Previous Ordinance or Resolution t! V20180321 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANS ARKANSAS CITY COUNCIL MEMO OCTOBER 6, 2020 TO: Mayor and City Council THRU: Connie Edmonston, Director of Parks and Recreation Ted Jack, Parks Planning Superintendent FROM: John J. Scott, Urban Forester DATE: September 15, 2020 SUBJECT: Approval of a resolution to approve Bid 20-73 in the amount of $70,658.00 for a contract with Building Exteriors Inc, to install 160 trees along the Cato Springs Trail and project contingency of $7,000.00. RECOMMENDATION: Approval of a resolution to approve Bid 20-73 in the amount of $70,658.00 for a contract with Building Exteriors Inc, to install 160 trees along the Cato Springs Trail and project contingency of $7,000.00. BACKGROUND: Developers who cannot plant the required number of trees on site can contribute to an escrow account used to support tree plantings in the associated quadrant. Tree escrow funds must be spent within seven years. UDC 167.04 J. 4 a-i. This project is utilizing funds for the South West quadrant to enhance the Cato Springs Trail. DISCUSSION: Cato Springs Trail has several areas that have full sun exposure. Urban Forestry, Parks Planning, and the Trails Coordinator discussed adding trees along the trail and agreed this was an excellent addition to the trail system. Trees along the Cato Springs Trail will add shade to comfort trail users in the hot summer months, reduce urban heat island, and provide other benefits such as providing habitat for local wildlife. The plan includes a diverse tree species, including Pecan (Cayra illinoinensis) trees and Paw Paw (Asimina triloba). These fruit trees will contribute to an existing food forest throughout the City. Urban Forestry Staff secured permission from Arkansas Highway Department to plant trees in the State's median, where the Cato Springs Trail crosses the Fullbright Expressway. BUDGET/STAFF IMPACT: Urban Forestry Staff will serve as construction administration for this project. As these trees mature, more maintenance time is required. The contractor will water and maintain the tree for the first year. Attachments: Staff Review Form Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Appendix A- Bid 20-73, Construction — Fall Tree Planting Appendix B- Building Exteriors bid proposal Appendix C- Recommendation for Award Appendix D- Building Exteriors, Certificate of Insurance Appendix E- Building Exteriors 100% performance and payment bonds CITY OF FAYETTEVILLE �I ARKANSAS This contract executed this � day of (City) and Building Exteriors, Inc. (Building Exteriors, the parties agree as follows: City of Fayetteville, AR Contract for: Fall Tree Planting, 2020 Contractor/Vendor: Building Exteriors, Inc. Term: Single Project 2020, between the City of Fayetteville, Arkansas In consideration of the mutual covenants contained herein, 1. Vendor 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 b d per Bid 20-73 Construction- Fall Tree Planting as stated in Building Exteriors bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 20-73, all included herein as if spelled out word for word. a. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of 70 658.00 US Dollars. b. The City of Fayetteville shall pay Building Exteriors for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. c. Payments will be made after approval and acceptance of work and submission of invoice Payments will to made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayettev'lle does not agree to any interest or penalty for "untimely" payments. d. The City shall withhold five percent (5%) retainage from all payments until project is completed in full. 2. The Contract documents which comprise the contract between the City of Fayetteville and Vendor consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Bid package identified as Bid 20-73 Construction -Fall Tree Planting with the specifications and conditions typed thereor inclusive of all bidding documents, plans and drawings and issued addenda. b. Appendix B: Building Exteriors bid proposal. c. Appendix C: Recommendation for Award, inclusive of the bid tabulation d. Appendix D: Building Exteriors Certificate of Insurance e. Appendix E: Building Exteriors 100% Performance and Payment Bonds - to be submitted after contract award. 3. These Contract documents constitute the entire agreement between the City of Fayetteville and Building Exteriors and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Building Exteriors. 4. Building Exteriors shall not assign its duties under the terms of this agreement. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 1 of 4 5. Building Exteriors agrees to hold the City of Fayetteville harmless and indemnity the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Building Exteriors 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. 6. Building Exteriors shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall reouire 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, Building Exteriors 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. The premiums for all insurance and the bond required herein shall be paid by Vendor. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 7. Building Exteriors shall furnish proof of licensure as required by all local and state agencies. 8. 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 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 9. 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 Fayetteville City Council ;n advance of the change in scope, cost or fees. 10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 11. Interest charges for late pavments by the City The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. 12. Security: No later than 10 calendar days of contract award, a one hundred percent (100%) performance and payment bond shall be provided to the City after being file marked at the Washington County Circuit Clerk's Office. Building Exteriors shall warranty work performed under this contract for a period of one (1) full year from the dare of final payment. 13. Contractor's Representations: a. Building Exteriors has examined and carefully studied all contract documents. b. Building Exteriors has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. c. Building Exteriors is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that City of Fayetteville, AR Bid 20-73, Construction — Fall Tree Planting Page 2 of 4 may affect cost, progress, performance, and furnishing of the Work. d. Building Exteriors has carefully studied all: A. 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; and B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for tfe 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. Building Exteriors has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinatiors, investigations, explorations, tests, studies, and data concernirg conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of tFe means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. f. Building Exteriors does not co-isider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, with n the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. g. Building Exteriors is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. h. Building Exteriors has correlated the information known to Building Exteriors, 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. L Building Exteriors has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Building Exteriors has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Building Exteriors. j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. k. Building Exteriors is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayettevil e Recycling and Trash Collection Division. Use of a .Von -City dumpster or roll off container is not allowed. 14. Liens: No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires, and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment or labor or material 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. City of Fayetteville, AR Bid 20-73, Construction — Fall Tree Planting Page 3 of 4 1S. Contract Time: a. Time is of the essence: All time limits or milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Project completion shall be completed no later than December 11, 2020. 16. Liquidated Damages: N/A 17. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. WITNESS OUR HANDS THIS DAY OF O� 2020. ATTEST: Kara Paxton, City Clerk BUILDING EXTERIORS, INC. By: ,601 i✓ G�1� (/lo7tLA--,' Jo L Steenbergen, Ownq� rrrn T. 1I._ ;yL-Ls ram: :zx EAYMEVILLE ; '�� Date Signed: ��iiJJ ONtC�`%Date Signed: Z City of Fayetteville, AR Bid 20-73, Construction —fall Tree Planting Page 4 of 4 Project Manual lum CITY OF ARKA'N.SAS '- CITY OF FAYETTEVILLE, ARKANSAS Construction — Fall Tree Planting BID # 20-73 Date: August 2020 City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 1 of 23 CITY OF FAYETTEVILLE ARKANS ARKANSAS Project Check List 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. 1-15% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. ❑All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). ❑All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. ❑All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents ❑All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 2 of 23 City of Fayetteville Bid 20-73, Construction - Fall Tree Planting Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-73, Construction - Fall Tree Planting The City of Fayetteville is accepting quotations for a tree planting project as described herein, including the acquisition and planting of 160 (2-inch caliper) trees of varying species per the attached list. This project includes the purchase of materials and installation of a small irrigation system with a water meter, backflow preventer, cutoff valve, and three hose bibs. Questions should be addressed to Les McGaugh, Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Wednesday September 02, 2020 before 2:00 PM, local time utilizing the electronic bidding software, OR by submitting a sealed bid at the City of Fayetteville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at httos:/Iwww.youtube.com/user/citvoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 A non -mandatory Pre -Bid meeting will be held Tuesday August 18, 2020 at 10:00 AM onsite. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bidders and license shall be valid at the time of bid deadline. In an effort to understand hardships our vendors and suppliers are facing in relation to the current COVID-19 situation, the Purchasing Division will take feedback from plan holders and interested parties to understand the current impact to vendors operations. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Sr. Purchasing Agent P:479.575.8220 Email: Imcgaugh@favetteville-acgov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08.09.2020 and 08.16.2020 City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 3 of 23 City of Fayetteville Bid 20-73, Construction - Fall Tree Planting Bid Form Date of Final Completion: December 11, 2020 Bid Form is available on Bonfire. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 4 of 23 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose'if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 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. 8. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 5 of 23 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STATE: *ZIP: *PHONE: FAX: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: CAGE NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 6 of 23 City of Fayetteville Bid 20-73, Construction - Fall Tree Planting Instructions to Bidders PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. PART TWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. City of Fayetteville assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 7 of 23 necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 8 of 23 PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. 5.4 Bidder assumes all responsibility for checking the City's website at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 The provided estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. PART SEVEN - PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 9 of 23 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.4 Address sealed bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of deductive alternate bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate, if presented, will be provided on the Bid Form. The price of the Bid for each deductive alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. 8.6 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 10 of 23 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 11 of 23 specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. PART TWELVE - CONTRACT TIME 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PART THIRTEEN - LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. PART SIXTEEN - COMPLIANCE WITH STATE LICENSING LAW 16.1 A Contractor's License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000. PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 12 of 23 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PART TWENTY- CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE - RIGHT TO REJECT BIDS City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 13 of 23 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the.Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. PART TWENTY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX- FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 14 of 23 contract. PART TWENTY-SEVEN -ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans with Disabilities Act. 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. PART TWENTY-EIGHT —PAST EXPERIENCE REQUIRED 28.1 All bidders shall have past experience in providing similar work as described for this project. The City of Fayetteville reserves the right to reject for inadequate experience. A minimum of four (4) references are required. End of Section City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 15 of 23 City of Fayetteville Bid 20-73, Construction - Fall Tree Planting General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Electronic Submittal: Proposers can go to www. fayetteville-ar. . gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. OR Physical Submittal: Bids submitted physical shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 16 of 23 Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 17 of 23 writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City 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 (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. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 18 of 23 the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 19 of 23 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 20 of 23 or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (ImcgaughPfavetteville-ar eov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 21 of 23 I. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@fayetteville-ar.eo_v) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fad that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: a. Urban Forester Directives b. Cato Springs Trail Planting Plan. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 22 of 23 City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 23 of 23 P c�Q O ,`Q CITY OF ° V FAYETTEVILLE 1 ARKANSAS URBAN FORESTRY Urban Forester Directives The City of Fayetteville is accepting quotations for a tree planting project as described herein, including the acquisition and planting of 160 (2-inch caliper) trees of varying species per the attached list. This project includes the purchase of materials and installation of a small irrigation system with a water meter, backflow preventer, cutoff valve, and three hose bibs. The purchase price includes planting per detail and specifications in locations as provided on the planting plans. Project completion shall occur on or before December 11, 2020. Content List: 1. General Notes 2. Planting Detail 3. Tree Planting & Materials Specifications 4. Product Storage and Handling Requirements 5. Maps a. Context Map b. Planting Plans GENERAL CONSTRUCTION NOTES CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UNDERGROUND UTILITIES AND CALLING THE ARKANSAS ONE CALL SYSTEM (811) PRIOR TO ANY EXCAVATION. THE CITY OF FAYETTEVILLE URBAN FORESTER IS CONSIDERED THE PROJECT MANAGER AND OWNER REPRESENTATIVE OF THIS PROJECT. PROPOSALS FOR PRE -APPROVED SUBSTITUTION EQUALS MUST BE SUBMITTED TO PROJECT MANAGER NO LATER THAN FOUR (4) DAYS PRIOR TO BID DEADLINE. CONTRACTOR TO FLAG CENTER OF PROPOSED HOLE OF EACH PLANTING LOCATION BASED ON PLANS. PROJECT MANAGER TO CONFIRM PRIOR TO DIGGING. CONTRACTOR TO NOTIFY PROJECT MANAGER 3 DAYS PRIOR TO REQUEST FOR INSPECTION. CONTRACTOR RESPONSIBLE FOR LOCATING AND PROTECTING EXISTING IRRIGATION INFRASTRUCTURE. IF ENCOUNTERED, CONTRACTOR SHALL VERIFY NO DAMAGES, OR PROMPTLY REPAIR IF DAMAGE TO IRRIGATION LINES OCCURS. NO DYED MULCH SHALL BE USED WITH THE PROJECT. TREES SHALL NOT BE STAKED UNLESS APPROVED OR REQUESTED BY PROJECT MANAGER. IF STAKING IS NEEDED, PROVIDE THE FOLLOWING FOR EACH TREE: INSTALL 2 UNIFORM OPPOSING STAKES. USE T- POSTS OR 2X2 CEDAR POSTS, EXTENDED INTO UNDISTURBED SOIL. FROM STAKES, TIE WIRE AND Y. Mailing Address: URBAN FORESTRY 113 W. Mountain Street w .fayetteville-ai.gov Fayetteville, AR 72701 INCH DIAMETER HOSE TAUGHT BUT NOT DAMAGING THE TRUNK, IN ORDER TO INCREASE UPRIGHT STABILITY OF THE UPRIGHT PLANTED TREE. AREAS DISTURBED BY CONSTRUCTION SHALL BE RETURNED TO THEIR PREVIOUS CONDITION AT CONTRACTOR'S EXPENSE AS DIRECTED BY PROJECT MANAGER. CONTRACTOR SHALL BE RESPONSIBLE FOR MEETING ALL ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ) AND ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUIREMENTS FOR STORM WATER MANAGEMENT FOR THIS PROJECT. ALL COSTS TO BE INCLUDED IN OTHER ITEMS OF WORK. CONTRACTOR IS RESPONSIBLE FOR ACQUIRING ALL APPLICABLE PERMITS RELATED TO CITY, STATE, OR OTHER JURISDICTIONS, IN THE EVENT THAT TRAFFIC LANE CLOSURE IS TO BE USED. Planting Details NOTES: 1. TREES 91All BE r WIDER YIMNUY 2 THE HOE FOR THE TREE SHALL BE EXCAVATED 2-1 OYES OHE SIZE OF ME ROOT BAIL 1 STATE ONLY IF NECESSARY MIT AS OBECTED BY ME P CT YANA A KNOW MY TMTNE. ROPE M=(% IW MQ ON CUNAS FRO" VEE. 1 PRUNE ONLY DEAD DR ONONEN BRANCHES ON DOUBLE IFAOEAS AT NIE OF PLANTING. 6. ROOTBALL - ROOT COIAR SHALL BE MSIBLE. REROW EXCESS SOB FROM TOP OF BALL IF NEEDED. SET TOP OF BALL I' TO E' ABOVE FINISHED (RIDE TO ALLOW FON SETRRO AFTER SETTING BALL N P TIRO HOLE. TAIT AWAY ON KNOW THE ENTBE WK BASXT. CUT ON KNOW ALL ROPE ON TUNE FROA BAIL CUT AWAY ON RXIAM BURLAP. IF RODIBALL BEtlNB FNLNG APART WRING NSTALLARON OR 11HOX RENOMNG THE WRE BABET. PEF1 THE WRE ARDOR Buf SACK TO THE BOTTDN ON THE PLANTING HOE AND KNOW ANY PEEIID SATZ NAIWAI- SET TREE PWYB SO THE MAN LEADER IS STRNOHT BETTS YULOH r TO A' AWAY MOIA TRUNK r TO r OF OR6.wHC Nam NO CTREST W SHALL BE USED. EXF VATS AND REPU EDSTINC SOL. ADO SOL AYENWENTS IF NECESSARY AS DIRECTED BY PROER MANAGER. WATER T OROJp4Y TO EUIIIXATE AO POOETS 00 NOT TAMP. WOE SHAIION HOES WIN TAPENED SIDES BEAK DOWN ON RWOEN SIDES OF THE HOE. SET BALL ON ,TRY SOL UNDISNRBm SBIRADE it TREE PLANTING DETAIL Nor To snAE After tree installation, trees should be immediately watered. Section 32 93 23 TREE PLANTING & MATERIALS SPECIFICATIONS Part 1 - GENERAL 1.1 DESCRIPTION A. Perform work in areas designated on drawings and aerial maps. Flag tree locations for inspection and approval of the Project Manager. Do not begin planting until locations are approved by the Project manager. 1.2 QUALITY ASSURANCE A. All plant materials, shipments, and deliveries shall comply with state and federal laws and regulations governing the inspection, shipping, selling, and handling of plant stock. A certificate of inspection, or a copy thereof, for injurious insects, plant diseases, and other plant pests shall accompany each shipment or delivery of plant material. The certificate shall bear the name and address of the source of the stock. The Project Manager shall receive the original or authentic copy of the certificate(s) before plant material being installed. , B. Certification, when required, will be following all pertinent codes and regulations, and with selected standards of the Arkansas State Plant Board or authorized authority from other states. 1.3 SUBMITTALS A. Plant grower's certification of species. Note source location. B. Note type and source of mulch. No dyed mulch or cypress mulch shall be used. 1.4 TRANSPORTING, DELIVERY, STORAGE AND HANDLING A. Delivery, storage, and protect projects under provisions of Section 01 66 00 at end of this information. Pages 12-14. B. Plant material held in storage will be rejected if excessive growth or dieback of branches has occurred in storage; if branches have been tied up long enough to have affected branch growth or if branches will not freely fall to their natural position when wrap/tie is released. C. During shipping, branches shall be tied with rope or twine only, and in such a manner that no damage will occur to the bark or branches. D. The Contractor shall exercise care during the transportation of plant material to prevent injury and drying out of the trees. Project Manager may reject the injured tree(s) and require replacement at no additional cost to the City if the roots are dried out, large branches broken, balls of earth broken or loosened, or areas of bark torn off. E. Plants must be protected at all times from sun or drying winds; Those that cannot be planted immediately on delivery shall be kept in the shade, well -protected with soil covered with wood chips or other acceptable material, and kept well -watered in a location approved by the Project Manager. Plants shall not remain unplanted any longer than 3 days after delivery without permission from the Project Manager. Plants shall not be bound with wire or rope at any time to damage the bark or break branches. Plants shall be lifted and handled with suitable support of the root ball to avoid damage. Straps or other lifting devices shall not be attached to the trunk for transport, delivery, or planting. Bid prices shall include delivery to the Contractor's receiving site or approved alternate site(s) and to the planting site. The contractor shall submit alternate storage locations to the Project Manager for approval. If additional storage space is required, the City may provide storage space. The contractor shall give a minimum of 5 business days of notice to the Project Manager. The City shall have the right to refuse to store or accepting the delivery of trees at City sites(s). If the City accepts storage on a City site(s), it shall have the right to require the removal of trees from the site within 3 business days of notice to the Contractor. G. Any plant material delivered to a City site(s) shall not be shipped C.O.D., and any shipment so made will be refused by the Project Manager. H. Any deliveries made to City site(s) shall be made between the hours 8:30 a.m. — 3:30 p.m. Monday through Friday. If plant material is to be delivered to a City site, the Contractor shall give the Project Manager notice of delivery time 3 to 5 days before delivery. 1.5 PROJECT CONDITIONS A. Planting shall be done within the following dates: 1. After receipt of Notice to Proceed. B. Perform planting after all work affecting groundwork has been completed. C. The contractor is responsible for locating and protecting existing irrigation infrastructure. If encountered, the contractor shall verify no damages, or promptly repair if damage to irrigation lines occurs. D. When detrimental conditions are encountered, notify the Project Manager (see section 3.1 F). Contractor to provide watering equipment as required. Water shall be provided by the Contractor and be suitable for irrigation and free from ingredients harmful to plant life. Soil Moisture Requirements: 1. Soil moisture shall exist throughout the zone from one (1") inch below the surface to at least the depth of the rootball at the time of planting. A minimum of 25 gallons per tree shall be placed over the rootball and mulched area of the planting hole. The moisture content of the soil may be estimated and judged closely by the hand -squeeze test. The soil should readily form a tight cast when squeezed in the hand. The cast should break into two pieces without crumbling and without leaving excess water on the hand after casting. Part 2 - MATERIALS 2.1 PLANT MATERIALS A. All plant material shall conform to the American Standard for Nursery Stock ANSI Z.60.1, 2004, or most recent publication and the City Mitigation and Landscape Tree Quality Specifications. Plants shall be true to species and variety specified and nursery -grown by good horticultural practices under climatic conditions similar to those in the locality of the project. Plants shall be so trained in development and appearance as to be unquestionably superior in form, compactness, and symmetry. They shall be sound, healthy, vigorous, well -branched and densely foliated when in leaf, and free of disease and insect adults eggs, pupae or larvae. They shall have healthy, well -developed root systems and shall be free from physical damage or other conditions that would prevent thriving growth. B. Trees with multiple leaders, unless specified, will be rejected. Trees with a damaged, cut, or crooked leader, included bark, abraded bark, sunscald, disfiguring knots, insect damage, mold, prematurely opened buds, or cuts of limbs over'/< -inch (2 cm) diameter that are not completely callused are cause for rejection. C. Containerized plants shall be well established in the container with a root system sufficiently developed to retain the root ball shape and hold together when removed from the container. Plants shall not be pot bound, nor have kinked, circling, or bent roots. Root collar shall be apparent at the surface of the ball. D. Plants shall conform to the measurements specified, except that plants larger than those specified may be used if approved by the Project Manager. The use of larger plants shall not increase the contract price nor allow the Contractor to use smaller than specified material on other plants. If larger plants are approved, the root ball, root spread, or container shall be increased in proportion to the size of the plant. E. Caliper measurements shall be taken on the trunk 6 inches above the root collar for trees up to 4 inches in caliper, and at 12 inches above the root collar for trees over 4 inches in caliper. Height and spread dimensions specified refer to the main body of the plant and not from branch tip to branch tip. Plants shall be measured when branches are in their normal position. If a range of size is given, no plant shall be less than the minimum size, and no less than 50 percent of the plants shall be as large as the maximum size specified. Plants that meet measurements but do not possess a normal balance between height and spread shall be rejected. F. If a tree species is not available, substituted equals may be submitted for review and approval to Project Manager up to four (4) days before the bid deadline. G. All plants shall be labeled by size and scientific plant name as listed in the current edition of Manual of Woody Landscape Plants. Labels shall be attached securely to all plants. Plant labels shall be durable and legible, with the information given in weather -resistant ink or embossed process lettering. 2.2 OTHER MATERIALS A. Mulching material shall consist of aged or composted wood chips or shredded bark and shall be free of material injurious to plant growth. Wood chips shall be 1/8 inch nominal thickness with at least 50 percent having an area of not less than 1 square inch and no piece having an area of more than 6 square inches. Dyed mulch and Cypress mulch are prohibited. B. Water shall be provided by the Contractor and be suitable for irrigation and free from ingredients harmful to plant life C. Supplemental additives such and fertilizers or growth hormones are expressly prohibited to be used on this project. The use of B-12 Root Stimulator or mycorrhiza fungi supplements are encouraged but not required. All products to be applied to the trees leaves, bark, root balls or any part of the planting area shall be approved by the Project Manager before application. Part 3 — EXECUTION 3.1 EXCAVATION OF PLANTING AREAS A. The Project Manager will mark all planting locations with flags and notify the City for inspection before planting. ALL PLANTING LOCATIONS ARE APPROXIMATE AND SUBJECT TO CHANGE WITHOUT INCURRING ADDITIONAL COSTS TO THE OWNER. The Contractor shall notify Arkansas One Call to verify the location of underground utilities before excavation begins. The Contractor shall be responsible for assuring that utility marking is complete before excavation begins. The Contractor shall be responsible for all damage resulting from neglect or failure to comply with this requirement. B. The planting hole shall be a minimum of 2 times the rootball diameter. Where constraints such as sidewalks, curbs, stormwater culverts, utility boxes, etc. interfere with the hole size, the largest hole possible shall be dug. If the hole would be smaller than 36 inches in any one direction, the Project Manager shall be notified before excavation. C. Planting holes may be excavated by an auger, backhoe, stump grinder, forklift forks, or shovel. All glazed soil walls created by excavation shall be deglazed by roughening the planting hole wall surface. Excavation of the rest of the planting hole may be done with a heavy-duty rotor tiller or other soil tilling device by loosening the soil a minimum of 8 inches deep. D. The soil pad on which the rootball will be placed shall be of undisturbed soil. The depth of the pad shall correspond to the distance from the bottom of the soil ball to the root collar, or slightly less. If a planting hole is dug too deep the base of the hole shall be filled and hard -packed with a soil vibrator/compactor or like equipment until the correct depth is reached. E. Excavated planting holes that will be left open when work is not in progress or pose an immediate and considerable hazard to pedestrians or vehicles shall be adequately barricaded with appropriate warning devices. F. The Contractor shall notify the Project Manager, in writing, of soil conditions or other obstructions the Contractor considers detrimental to tree growth. Such conditions shall be described, as well as suggestions for correcting them. Proper water drainage must be assured. G. Where soil conditions or below ground obstructions which cannot be remedied are encountered, the Project Manager shall designate alternate planting locations. 3.2 PLANTING OPERATIONS A. Plants must be protected from excessive vibrations. Plants shall not be thrown or bounced off a truck or loader to the ground. Plants shall not be dragged, lifted, or pulled by the trunk or foliage parts in a manner that will result in damage to tree parts or loosen the roots in the ball. B. Plants shall be set with the top of the root collar at or slightly above finished grade. Any plant material installed below finished grade or installed more than 2" above - finished grade shall be dug up and replanted as specified and shown on the drawings or replaced as may be required by the Project Manager. Plants must be centered in the hole and set plumb. Plants shall be set so that they will be at the same depth 1 year after planting. C. Plants in plastic, metal, or biodegradable containers, shall be removed before planting. If roots are crowded or coiled on the bottom, sides, or surface of the root ball, they shall be gently separated from the edges or surface. D. Planting holes shall be backfilled with excavated soil. When holes are approximately two-thirds full, they shall be thoroughly watered to eliminate air pockets. After this initial watering, excavated soil shall be backfilled to the top of the hole and watered. Prevent puddled soil conditions by avoiding compaction once the soil is wet. E. Planting areas shall be finish -graded to match to existing grade before tree installation. The contractor is responsible for immediately applying water to each tree over the rootball and mulched area to saturate the root ball and all soils disturbed during planting G. Excess soil from the tree installation shall be used to create a 2-inch-high by a 20- inch wide earthen ring around the tree at the outside edge of the canopy drip line. If excess soil is not available or insufficient to complete the ring the contractor may use leftover soil from other trees planted in the area or provide soil similar in texture and structure. HI. All plants shall be mulched over the root system, the adjoining soil, and earthen ring with a 2-3 inch layer of specified mulching material immediately after planting. Mulching material shall be pulled back no less than 3" from the trunk. All twine, rope, transit guards and wrappings secured around the trunk or branches shall be removed after planting is completed unless used for staking purposes. 3.3 STAKING, WRAPPING, AND PRUNING B. Only trees designated by the Project Manager shall be pruned. Pruning at the time of planting shall be limited to the removal, dead branches and any branches damaged or broken during the planting process. All pruning shall conform to American National Standard for Tree Care Operations, ANSI A300 Pruning. If more is required, the tree should be replaced. C. No additional pruning shall occur without approval by the Project Manager. D. Staking will require notification to the project manager. Any stakes used will be removed by the contractor after one year of growth. 3.4 CLEANUP A. Soil, branches, binding and wrapping material, rejected plants, or other debris resulting from any tree planting activities shall be promptly cleaned up and removed. The work area shall be kept safe and neat at all times until the cleanup operation is completed. Under no condition shall the accumulation of soil, branches, or other debris be allowed upon a private and/or public property in such a manner as to result in a public hazard. 3.5 ACCEPTANCE A. The Project Manager reserves the right to inspect work or designate others to inspect the work at any time during the contract length. The Project Manager or his designee shall perform an inspection with the Contractor of all plant material after the original planting to note and correct any discrepancies. B. Acceptance of plant material by the Project Manager shall be for conformity to specified size, character, and quality and shall not relieve the Contractor of responsibility for full conformity to the contract documents, including correct species. C. Upon completion and re -inspection of all repairs or replacements necessary in the judgment of the Project Manager, the Project Manager shall certify in writing that the work has been accepted. Any plant work so accepted will be paid within 30 days at the contract bid price, unless previously negotiated otherwise. D. Work may be accepted in parts when the Project Manager and Contractor deem that practice to be in their mutual interest. Approval must be given in writing by the Project Manager to the Contractor verifying that the work may be completed in parts. Acceptance of work in parts shall not waive any other provision of this contract. 3.6 GUARANTEE PERIOD AND REPLACEMENT A. The Contractor shall guarantee all plants to be healthy and in a flourishing condition at the time of planting and until final inspections occur by the Project Manager or his designated representative. B. The Contractor shall monitor area rainfall and provide water to the trees as needed to ensure their growth and establishment through a one (1) year guarantee period, beginning after final acceptance. J. At ten months after final acceptance, trees will be checked to insure they are alive and meeting specifications. The Contractor shall remove and replace, without additional cost to the owner, and as soon as weather conditions permit, all plants not in a healthy and flourishing condition as determined by the Project Manager any time during the guarantee period. Replacements shall be subject to all requirements stated in these specifications. D. The Contractor shall be responsible for all maintenance of the trees during the guarantee period. 3.8 FINAL INSPECTION AND ACCEPTANCE A. At the end of the guarantee period and upon the written request of the Contractor, the Project Manager, or his designee shall inspect all guaranteed work for final acceptance. The request shall be received at least 5 working days before the anticipated date for a final inspection. Upon completion and re -inspection of all repairs or renewals necessary in the judgment of the Project Manager at that time, the Project Manager shall certify, in writing, that the project has received final acceptance. End of Section 32 93 23 Section 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Part 1 - GENERAL 1.1 SUMMARY A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Project Manager, determine and comply with manufacturers' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until the time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Project Manager may reject as non -complying such material and products that do not bear identification satisfactory to Project Manager as to manufacturer, grade, quality, and other pertinent information. 1.5 STORAGE A. Store materials, supplies, and equipment in an orderly fashion at the site of the work will not unduly interfere with the progress of his work or other contractors. 1.6 PROTECTION A. Provide the necessary care in unloading procedures to prevent damage to materials and equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property against injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage. Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. D. Exercise due care to avoid damage to existing improvements or facilities, fences, buildings, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever the Project Manager shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS A. In the event of damage, promptly make replacements and repairs to the approval of the Project Manager and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by the Project Manager to justify an extension in the Contract Times. End of Section 0166 00 Section 02370 Section 2-ARDOT Planting Requirements 18 trees are planted within the Arkansas Highway Departments right of ways. The City of Fayetteville has permissions via Special Permit number SP-04-2020-0029. The following apply to the 18 trees planted with in the ARDOT right of ways: You shall ensure that all work and materials used within the highway right of way are in accordance with the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction, most recent edition, and any specifications or design standards supplied by the Department. You shall not use any part of the highway right of way for storage of materials or equipment. You shall assume full responsibility for safeguarding all utilities in the work area during the time of your construction. You shall notify Arkansas One -Call, at 1- 800-482-8998, and have utility facilities located prior to beginning work. Any utility adjustments made necessary by your work shall be in accordance with the Utility Accommodation Policy of the Arkansas Department of Transportation and under utility permit issued to the utility owner and separate from this special permit and at no cost to the Department. You shall undertake measures to avoid tracking soil and mud from the work area onto the highway and to re- vegetate, in accordance with the Standard Specifications for Highway Construction, most recent edition, all areas of disturbed soil, of any size, on the right of way. Phase II Storm Water Construction Permits are required on all projects that have a "disturbed soil area" of one acre or more. This may require that you obtain a Storm Water Construction Permit from the Arkansas Department of Environmental Quality (ADEQ). You shall notify this office of your intention to begin work at least three (3) working days prior to the anticipated start date. The Urban Forester for the City of Fayetteville will be the contact point and notify the State. Tree Escrow Planting Plan Fall 2020 City of Fayetteville �s 11J xJ'� Harmon BJO 6,3 I Lake Fayetteville ParkQ /A Botanical Garden SJ< es] of the Ozarks tD .Johnson Q Northwest Arkansas Mall I Blue spiings L= Valage; Plan Index 1. Context Map 2-19 Planting Plans 093 � i U 9 I Cato Springs Trail—' from Greathouse Wheeler rot �� t"° �\, 1°°� Hahherton Park to Kessler tlMountain Regional Park S=E51Wilson ParkW meny 7Farmincllon ton Hause Museum Lake6equoyah Park 655O I -- — 'n J rn15 �. Harns Joao f - Arkansas Air and <9 Military Museum s] F2611 Greenland I G. r 116 n111 r_�I lER n f.�l lie/Knew,whall's Kudiat Calleerae HIM . I� CITY ' FAYETTEVILLE ARKANSAS Goshen h' 1 Elkins Parks Planning/Urban Forestry John J. Scott 479-444-3470 jscott@fayetteville-ar.gov spring Valley A 'OJS N r 11 Fayetteville, AR 5/20/2020 10 17:01 AM 12,407 0 112.5 225 450 R Trail Easement Tree Preservation Ar=_a Mile Marker (Refererce) Mile Marker (Intermediate) Photo Point Public WiFi M Razorback Greenway (Open 24/7) Paved Trail (Open 2417) Connector Regicnal Network Paved Trail (Open Sunrise to 11 pm) 0 30 60 120 m Th...a conbin H mays' was camptlM Imm van. sources Mr Me In use aM ded-fit o/ Tfie Ciry of Fayeveviue Gngrapmc mNrinf im SWem and me punt .gentles it m m Any use of Me data by anyone otter Man Ma Ciry or FayetMihe y a the one my of the Faq out aa by epbce th nM e data, Me user does thereby agree to ardently Me Ciry of yedevine add hold the Ciy N Fayethei hsrnlese tram and sunfish uabiiry ror any daima,Witte, math for damages of any mWm,antiuning the i i m defense asserted by Meer or by another drying non the use of this data. The City of Fayeeevme makes ro epee. or impied entirente e. seh reference to the dace. No voi ties¢, orloss found herein shave be mmirued to weer¢ Nat tan Imnun" set forth ardor Mamas law. CITY OF EVILLE RdARKANS ARKANSAS Project Check List This checklist is for the Bidders 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. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. PAll addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: 03H 19 t-idy21 City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 2 of 23 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. 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. 8. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 5 of 23 License No. 0341940421 ID #407 State of Arkansas Commercial Contractors Licensing Board (Restricted to Projects less than $750,000) BUILDING EXTERIORS, INC. PO BOX 8666 SPRINGDALE, AR 72766 This is to Certify That BUILDING EX TERIORS, INC. is duly ilcosed under the provisions of Ark. Code AkLkk. § .1%'11z_ 01 acy. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: SPECIALTY Landscaping with Planting Landscaping, Irrigation, Lawn Sprinklers, Streams Masonry Retaining Walls ! � �'`- � ' - •' This license is Restricted, the contractor is limited to projects less than $7511,9110, including, but not limited to, labor and material. from August 14, 2020 until April 30, 2021 When this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: CHAIRMAN SECRETARY August 14, 2020 - dsa Search Incorporations, Cooperatives, Banks and Insurance Companies Prini+r Fnmwly—Vm5jm LLC Member information is now confidential per Act 865 of 2007 Use your browsers back button to return to the Search Results Bggin New Search For servlr of process contact the eM..rnrv•yI,$tre'a ofRce. Corporation Name BUILDING EXTERIORS, INC. Fictitious Names Filing f! 800191041 Filing Type For Profit Corporation Filed under Act Dom Bus Corp: 958 of 1987 Status Good Standing Principal Address 1632 S. 66TH ST SPRINGDALE, AR 72762 Reg. Agent JO L STEENBERGEN Agent Address 1632 S. 56TH SPRINGDALE, AR 72762 Data Flied 12/302010 Officers MICHAEL STEENBERGEN , IncorporatorlOrganlzer MATT PRZYBYSZ , Tax Preperer JO LYNN STEENBERGEN, President JO LYNN STEENBERGEN , Secretary Foreign Name N/A Foreign Address State of Origin N/A i , YEiT•IIFSf3'Z • r • r 'reknnn�s Arkansas Secretary of State John Thurston State Capitol Building • Little Rock, Arkansas 72201-1094 •501-682-3409 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show BUILDING EXTERIORS, INC. authorized to transact business in the State of Arkansas as a For Profit Corporation, filed Articles of Incorporation in this office December 30, 2010. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 2nd day of September 2020. i�tk'Cht�rs on ine a ttcme u vtion Code: 41fb35166165870 cc�ryfary �` )I e To ven to Aut o6zRion Code, visit sos.arkmsas.gov lum = 3 = Ouamfty Requino = unit of MOasure 3 Unit Pme = Total Cast Bid 20-73 Water as needed . 01.1 1 EA 512.80000 512.60000 Ametkan RomM 01.2 15 EA $33500 55.02500 BLa Gum -Nyss a1.3 21 EA 5335.00 S9,04500 Catalpa.Catalpa. 014 10 EA 533500 $3.350.00 Dopi,00d. Comu 01.5 a EA 533500 504000 Jefferson Elm -U 016 9 EA 1335.00 53.015.00 Paw Paw -Mind. 41.7 3 EA 533500 $1.00500 Pcvm. Carya lam. 01.8 15 EA 547500 $7.125.00 Pin Oak - Ouercu. a1.9 7 EA 5335.00 S2.34500 Red 0ak-OueM. n-10 io EA 533500 $6.030 DO SnumaM Oak- 01.11 d EA $335.00 S1,34000 Sycamore - Plala.. 01.12 a EA $335.00 $1,31000 Till. Tree.l~ 01.13 17 FA ta33M S.S AM AR ConUaelor-s LlpnSt, If fff*1nmi1 0U4 Tv W., lum = 0 = Ouantity Req used = Unit of M"Sun = Unit Post Ei Total Cost Jefferson Elm -U 416 9 EA 533503 53.015.00 Paw Paw- Atlml. 01.7 3 EA $335.00 $1.005.00 PecmM1 Carya Un 014 15 EA S47500 37.12500 Pin Oak - Ouercu. 01.9 7 EA $33500 12.345.00 Re00ak-Oue1c.. 01-10 to EA 3335,00 56.03000 SnumaM Oak-.. a1.1% a EA 533500 $1.34000 SyomdR-Plea- 41-12 3 EA 533500 S1,34000 Tulip TMe. Lui id . 01.13 17 EA $335 00 55.695.00 miff Oak- Que.. 01.10 9 EA $33500 53,015.00 Wkbw Oak -Ou. 01.15 10 EA 533500 56.03000 Tree Slaking as 0.. 01.16 t0 EA 53500 5350.00 MotNkaatknlNot . 41.17 1 Lump Sum 5000 50.00 Sonam and lMO.. 01.18 1 Lump Sum 51.808 00 S1.608.00 BID TABULATION BID 20-73, CONSTRUCTION - FALL TREE PLANTING CITY OF .� TTL3 FAYEVILL8 FAY NSAS ETTE Blue Ribbon Grounds 11 Services Building Cautious Second Nature landscapes Total Cost $83,638.46 $701658.00 $73,13L00 tine Item R lam Oescrlptbn Qua.dry Unit of Unit Total Unit Total Unit N TOW Required Meer e using Cost M. A Con Price t (aa water as needed to ensure establishment Ihrough 1 Year 41.1 Guarantee after Accepta nee I EA $4,826.15 $4,826.15 $12,BDB.Op $t;800.00 $1,500.00 $LSWpe American Nambeam- Orpinus a rolinia na(Price includes - - - tree acquisition,iread llation, and all other material neede Al2 to Install according to specifications. Two-inch caliper trees 15 EA $425.]] $6,386.55 $335 $51025.00 5425 $6,375.00 are required.) Black Gum -Nw,a sNYatica (Price includes tree acquisition. Installation, and all Other material needed to insall p1-3 according to specifications. Two-inch caliper trees are 27 EA Y454.87 512,281A9 $335 $9,045.00 $425 $11,475.00 requlred.) Catalpa- Utaipe specioM (Prlca intludes tree acquisition. Installation, and all other material needed to insistsp]-4 according to spedficatiom. Two-inch caliper trees are 30 EA $38).91 $3,BJ9.10 $335 $3,350.00 $425 $4,250.00 required.) Dogwood-Cornus Bonds (Price Includes tree acquisition, installation, and all other material needed to insall p1.5 according to sperlRcations. One and half inch caliper trees 4 EA 5416.OB 51,664.3E $335 $L340.00 5425 S11ID0.03 are required.) Jefferson Elm -Ulmus amedana'lefferson' fence includes tree acquisition. installation. and all other material needed 416 to install according to specifications. Two-inch caliper trees 9 EA 5a42.Ofi $3.9]8.54 $335 $3,015.00 $425 $3,825.00 are required.) Paw Paw- Asimina trilob s (Price includes tree acquisition, Installation, and all other material needed to Install al] according to specifications. One and half -inch caliper trees 3 EA $@1.6a $1,264.9E $335 $LBas.00 S425 $1,IJS.OD are required.( Peon. Carya illinoinemis (Price includes tree acquisition, --- _-- - installation, and all Other material needed to Install a1B according to spedficatlons. Two-inch caliper trees are 15 EA 5599.40 58.991.00 S47S $7,1n.00 $425 $6.M.00 required.) Pin Oak-Quercus palusins(Price includes tree acquisition, `-- -- installation, and all other material needed to insult al-9 accordin tospedfications.Twoinch caliper trees are g ] FA $435.47 $3,048.29 $335 $2.345.00 $425 $2,9)5.00 required.) Red Oak -Quercus rubs lodes, includes tree acquisition, Installation, and all ether material needed in install a1S0 according in specifications. One and half -inch caliper trees 18 EA $454.e7 $8,187.66 $335 $6owm $425 $7,650M are required.) Shumard Oak-Quercus shumardii (Prim includes tree acquisition, Installation, and all other material needed to 01.11 install according to specifications. Two-inch caliper trees are 4 CA $435.47 $1,741.88 $33S $LM.m 5425 51,700.00 required.) Sycamore - Plaanus ariderne is(Price includes bee acquisition, installation. and all ether material needed to e1-12 install according to sped6cations. Two.inch caliper trees are 4 EA $3a8.21 $1.392.84 $335 $T.MM 5425 Sl.7M.W required.) Tulip Tree. Uriodendron tulipfera (Price Includes into acquisition,installation, and all other material needed to P1-13 Install according to specifications. Two-inch caliper trees are 17 EA $425J7 57.238.09 $335 $5.695.00 S425 $7,225.00 required.) ' Water Oak -Quercus nigra (Price includes tree acquisition, installation, and all other material needed to install pL14 according to specifications. Two-inch caliper trees are 9 CA $387.09 $3,483.81 $335 aoss 0 S425 53,82SM required.) ' Willow Oak -Quercus phellos (Price includes tree a1-15 acquisition, Installation. and all other material needed to install according to specifications. Two-inch caliper trees are IB EA $396.69 57,I40A2 $335 F.", SIT 5425 $7,650.00 required.) 41.16 Tree Staking as needed with noaificadon to project manager 10 EA $30.31 $303.10 $35 $350 S15 i� $150 a1-17 Mobili0ation(Not to sneered 5%) 1 Lump Sum $3,915.15 $3,915.15 50 $0 $1,740.00 PS-18 Banding and Insurance 1 Lump Sum 53,915.15 53,915.15 $1,B08.00 $L8MA0 $L)41A0 _$1,]40.00 _ - $LJ41.00 'mmu; as, waau ­11 rea.r.. pun an-n �WiwrerreruLe ""KR Bid 20-73, Construction - Fall Tree Planting Project Overview Project Details I Reference ID i Bid 20-73 Project Name Bid 20-73, Construction - Fall Tree Planting Project Owner Andrea Foren Project Type ITB Department Purchasing Project Description Bid 20-73, Construction - Fall Tree Planting Open Date Aug 09, 2020 12:00 AM CDT Close Date Sep 02, 2020 2:00 PM CDT Highest Scoring Supplier Score Building Exteriors 100 pts Seal status Requested Information Unsealed on Unsealed by Bid 20-73, Bid Form (BT-15EP) Sep 02, 2020 2:00 PM CDT Adonis Bwashi AR Contractor's License # Sep 02, 2020 2:00 PM CDT Adonis Bwashi AR Secretary of State Filing # Sep 02, 2020 2:00 PM CDT Adonis Bwashi Generated on Sep 02, 2020 4:24 PM CDT - Adonis Bwashi Page 1 of 7 U rnvrvanue uueus Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees andcertifies that they do not currently boycott Israel and will not boycott Israel during any time in i which they are entering into,or I while in contract, with any Sep 02, 2020 2:00 PM CDT i Adonis Bwashi public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, thecontractor must notify the contracted public entity in writing. Bid Bond or Cashier Check Sep 02, 2020 2:00 PM CDT I Adonis Bwashi copy Required City Forms - Sep 02, 2020 2:00 PM CDT I Adonis Bwashi Signature Form Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: ' has direct or indirect financial interest in the award of the contract to any proponent; ' is currently employed by, or is a consultant to or under contract to a proponent; ` is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, ' has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Sep 02, 2020 2:01 PM CDT No Generated on Sep 02, 2020 4:24 PM CDT - Adonis Bwashi Page 2 of 7 '?,� o1. �WrAVeneruLe Akv"w Public Notices Project Details Have Changed Adonis Bwashi, Sep 02, 2020 9:38 AM CDT - Project Requested Information changed Public bid opening - Livestream Adonis Bwashi, Sep 02, 2020 1:30 PM CDT A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. Generated on Sep 02 2020 424 PM CDT - Adorns Bwashi Page 4 of 7 ��nevFAre nLe Submissions Supplier Date Submitted Name Email Confirmation Code i Building Exteriors Sep 02, 2020 11:34 AM jo steenbergen jsteenbergen@msn.com OTc1 NjM= CDT Second Nature Sep 02, 2020 1:09 PM jell schlup jell@secondnaturenwa.com OTc1ODM= Landscapes CDT Blue Ribbon Grounds Sep 02, 2020 1:50 PM Nathan Lopez nlopez@br.industries OTc1OTk= Services CDT �F YOI �ArerrevuLe Project Criteria Criteria Points Description Total Base Bid 100 pts Pass/Fail Total Base Bid Within Certified Amount Within Certified Amount Total 100 pts //' IY GV io=AI.O.R VILLB ouuu Scoring Summary Active Submissions Total Total Base Bid Within Certified Amount Supplier / 100 pts / 100 pts Pass/Fail Building Exteriors 100 pts 100 pts ($70,658.00) Pass Second Nature Landscapes 96.62 pts 96.62 pts ($73,131.00) Pass Blue Ribbon Grounds Services 84.48 pts 84.48 pts ($83,638.46) Pass a„ .'rAYeneruLe Anuuu Signatures Name Signatures Andrea Foren (Project Owner) Adonis Bwashi (Evaluator) Generated on Sep 02 2020 4:24 PM CDT - Adonis Bwashi Page 3 of 7 BUIEX-1 OF ID: DP CERTIFICATE OF LIABILITY INSURANCE o09/18/2020 osnano2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Walker Bros. Insurance, Inc. P.O. Box 7570 NAMEpCT Gene Bennett PHONE EKt1;479-306-4677 jNc No): 479-306-5110 Springdale, AR 72766-7570 Gene Bennett E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAICp INSURER A:CIncinnad Insurance Co. 10677 INSURED Building Exteriors, Inc. Jo Lynn Steenbergen P.O. Box 8666 INSURER B-Accident Fund Insurance, 10166 INSURERC: INSURER D: Springdale, AR 72766 INSURER E: INSURER F l VvtRALitb CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE ADDL SUER POUCYNUMBER POinnnOr POUCYEXPYYn UNITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EPP 0428382 02109/2020 02/09/2021 EACH OCCURRENCE S 1,000,00 PREMISES EAOETO- ENT r17 $ 500,00 MED EXP(My we person) $ 10,00 X Contractual Liab PERSONAL 8 AOV INJURY S 1,000,00 GENERAL AGGREGATE $ 1,000,00 GENL AGGREGATE LIMIT APPLIES PER: POLICY I XI PIFCTRO' F LOC PRODUCTS-COMP/OP AGG S 1,000,00 $ A AUTOMOBILE UABIUTY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS EBA 0428382 02109/2020 02/0912021 COMBINED SINGLE LIMIT Ea actid" S 1,000,00 X BODILVINJURY(Per person) S BOOILV INJURY (Per ecd0em) S HIRED AUTOS X AUTOSWNED X PERPALGOENMAGE I S S X UMBRELLA LAB X OCCUR EACH OCCURRENCE S 2,000,00 gGGREGATE S 2,000,00 A EXCESSUAB CLAIMS -MADE EPP 0428382 02/09/2020I 0210912021 DED X RETENTION S O Is B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECU T E © OFFICERNEMSER EXCLUDED? NIACV W 6206008 0310912020 03109/2021 WCSTATU- OTH- XTORY LIMITS E.L. EACH ACCIDENT S 1,000,00 E.L. OISEASE-EAEMPLOYE S 1,000,00 (Mandatory In NH) II yes, describe under DESCRIPTION OF OPERATIONS belox E.L. DISEASE -POLICY LIMIT S 1,000,00 q Installation EPP 0428382 02/09/2021 Limit 100,00 Floater 102/09/2020 Deductibl 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Mach ACORD 101, Additional ReMe 3 Schedule, N more a pace Is required) Project: Bid 20-73, Fall Tree Planting CANCELLATION CITYFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 W. Mountain St AUTHORDEDREPRESENTATIVE Fayetteville, AR 72701 ©1988.2010 ACORD CORPORATION. All rights reserved. e...Umu ap (zv IUIUOI I ne ACORD name and logo are registered marks of ACORD CITY OF �Q FAYETTEVILLE ® ARKANSAS Project Check List 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. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) u In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: 0SH 19 HOL A City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 2 of 23 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. S. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. 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. S. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 5 of 23 License No. 0341940421 ID State of Arkansas Commercial Contractors Licensing Board (Restricted to Projects less than $750,000) BUILDING EXTERIORS, INC. PO BOX 8666 SPRINGDALE, AR 72766 This is to Certify That BUILDING EXrERIORS, INC. is cluiy hcerised under the provisions of Ark. Code Arm. § 1 7=25-101 ct. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: SPECIALTY Landscaping with Planting Landscaping, Irrigation, Lawn Sprinklers, Streams y Masonry i t• N ' �' Retaining Walls This license is Restricted, the contractor is limited to projects less than $756,960, includitig, but not limited to, labor and material. from August 14, 2020 until April30, 2021 When this Certificate expires. 1�JWitness our hands oojJftthheeBoard. dated at North Little Rock, Arkansas: CIIAIRMAN h�'J\ SECRETARY .August 14, 2020 - dsa 0 Search Incorporations, Cooperatives, Banks and Insurance Companies Primer FnarMly,(gimo PLC Member information is now confidential per Act 865 of 2007 Use your browsers back button to return to the Search Results @g9�w�0S11 For service of process contact the Corporation Name BUILDING EXTERIORS, INC. Fictitious Names Filing # 600191041 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Pdnclpal Address 1632 S. 56TH ST SPRINGDALE, AR 72762 Reg. Agent JO L STEENBERGEN Agent Address 1632 S. 56TH SPRINGDALE, AR 72762 Dale Filed 12/30/2010 officers MICHAEL STEENSERGEN , Incorporator/Organizer MATT PRZYBYSZ , Tax Preperer JO LYNN STEENBERGEN , President JO LYNN STEENBERGEN , Secretary Foreign Name N/A Foreign Address State of Origin N/A Purchnso a Cerl0cato of Good Pay Franchise Tax for this cor oration Stand] ggfor this E jWy,, 'txNd NAS,� . Arkansas Secretary of State John Thurston State Capitol Building • Little Rock, Arkansas 72201-1094 •501-682-3409 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show BUILDING EXTERIORS, INC. authorized to transact business in the State of Arkansas as a For Profit Corporation, filed Articles of Incorporation in this office December 30, 2010. Our records reflect drat said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 2nd day of September 2020. �t�lClfCBtfrus onI1IC Code: 41 Po35166155870 Ct To Code, visit sos.arkansas.gov Item = N = Quantity Required = Unit at Measure = unit Pace = Total Cast 010 20.73 Waler as needed . 01.1 1 EA 512,80000 SI2,80000 Amtlkan Hcmee 41.2 15 EA $335,00 $5.02500 Black Gum -Nyss 913 27 EA 5335.00 59,04500 Catalpa. Catalpa. 014 10 EA 833500 $3.350.00 Dogwood. Comu N1-5 4 EA 533500 31,340.00 Jefferson Elm - U 016 9 EA 5335.00 53.015.00 Paw Paw -Mimi. 41.7 3 EA 1335.00 51.00500 Pecan. CWya lLn. 01.8 15 EA 147500 $7.125.00 Pin Oak - Qllercu. 01.9 7 EA $335.00 52,3d500 Red Oak -Oven. 41-10 18 EA 5335.00 $6.030.00 Shiners Oak- 41-11 d EA 5335.00 S1,340.00 Sycamore - Plata.. 01.12 a EA 5335.00 51.34000 TWul TfH-I1W 01.13 17 FA tt19W its 695M Q AR Contractor's License N N11T.11e1fN11 Oara T M�mMr Item 3 N = Quantity Required = Unit at Measure = Unit Price = total Coat Jefferson Elm -U 416 9 EA $335.00 53,015.00 Paw Paw-MIMI. 01-7 3 EA $33500 $1.005.00 Pecan. Carya sin 4145 15 EA $47500 $7.12500 Pin Oak - Ouercu. 01-9 7 EA $33500 52,345,00 Rea Oak - Ouerc.. Nino 18 EA $335.00 56.030.00 SnumaM Oak-.. 41-11 4 EA 533500 $1.34000 sy"Wre-Pala.. 41-12 EA $33500 51,34000 TWIP Tree. LWW, 01.13 17 EA 333500 55,695.00 Mat Oak -Oue,. 41-14 9 EA 133500 53,015.00 Willow Oak -Ou. at-15 18 EA 533500 56,03000 Tree Slaking as n.. Nl-i6 10 EA $3S 00 5350.00 kbGNzatlon(Not . 91.17 1 Lump Sum 5000 50.00 Bondingandlmu.- a1-18 1 Lump Sum 51.80a.a0 $1.11M.00 E" Deals, Quirk Now Peae 1 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies -hat: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pert nent information regarding the articles being bid on. 2. Unless otherwise noted and exolained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder car, and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. 1, as an officer of this organization, or ;per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. 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. 8. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract tie contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving . individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal cepartment or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 5 of 23 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed fcr debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked' are mandatory for consideration. *NAME OF FIRM: Building Exteriors, Inc Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESSADDRESS:2156 E Emma *CITY: Springdale ,PHONE: 479-717-6462 *STATE: AR *ZIP: 72764 ,E-MAIL: jsteenbergen@msn.com FAX: 479-717-6463 *BY: (PRINTED NAME) Jo L. Steenbergen *AUTHORIZED SIGNATURE: •TITLE: Ow n e r DUNS NUMBER: OT - 5 963'c(,I CAGE NUMBER: *TAX ID NUMBER: 27-4427282 Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-73, Construction - Fall Tree Planting Page 6 of 23 Item Number Item Quantity Requh Unit of Measur(Unit Price #1-1 Water as needed to 1 EA 12800 #1-2 American Hornbeam 15 EA 335 #1-3 Black Gum -Nyssa sy 27 EA 335 #1-4 Catalpa- Catalpaspe 10EA 335 #1-5 Dogwood- Cornus flc 4 EA 335 #1-6 Jefferson Elm — Ulmt 9 EA 335 #1-7 Paw Paw —Asimina1 3 EA 335 .#1-8 Pecan- Carya illinoin. 15 EA 475 #1-9 Pin Oak—Quercus p: 7 EA 335 #1-10 Red Oak — Quercus r 18 EA 335 #1-11 ShumardOak —Quei 4 EA 335 #1-12 Sycamore — Platanu<- 4 EA 335 #1-13 Tulip Tree- Liriodend 17 EA 335 #1-14 WaterOak— Quercu 9 EA 335 #1-15 Willow Oak — Quern 18 EA 335 #1-16 Tree Staking as need 10 EA 35 #1-17 Mobilization (Not to 1 Lump Sum 0 #1-18 Bonding and Insuran 1 Lump Sum 1808 9/2/2020 Back to Project Proposal Data Bid 20-73, Construction - Fall Tree Planting - Proposal Data ShowMide O Search Supplier AR Contractor's AR Secretary of Pursuant Arkansas Code Annotated §25-1-503, the Con License p State Filing A currently boycott Israel and will not boycott Israel durin while in contract, with any public entity as defined in §2 contractor decides to boycott Israel, the contractor mu: Blue Ribbon Grounds Services 0366660521 311164152 Yes Scorecard Open... Building Exteriors 0341940421 800191041 Yes Sra l Ope Second Nature Landscapes 0133430520 100181491 Yes Scorecard! � r Q Help https://fayetteville-ar.bonfirehub.mn✓projects/304361proposalData ilt 0 Simmons Bank REMITTER BUILDING EXTERIORS i NOTICE TO MIRCNMSER. W TIR EVENT TNLR CNECS IS IOST, MISPIACEO OR STOIEN, A SWORNSEMTEMEM ANG 0 RAY WAITING KRZOO ML HE EMITTED KIDS TO REPLACEMENT. THIS CNECA SIWWO BE NEODTIATEI MONINOOMYS. PAY EXACTLY **4,000 AND 00/100 DOLLARS 1•O 'FHE ORDER OF CITY OF FAYETTEVILLE Cashier's Check Date: 9/02/20 202154585 Branch: 5002 u on $4,000.00 VOID AFTER 90 DAYS ......... tt1202L54SE1Silo e:082900to32e:12S55024116 City of Fayetteville Staff Review Form 2020-0780 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item John J. Scott 9/17/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract with Building Exteriors to plant 160 trees for $70,658.00 along Cato Springs Trail in South Fayetteville with a $7,000.00 project contingency. 4470.520.85 20-5806.00 Account Number 08001.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Cap Impr Fund Tree Escrow Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 128,818.00 $ 434.72 $128,383.28 $ 70,658.00 $ 57,725.28 V20fa0321 Purchase Order Number: Previous Ordinance or Resolution p Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANS ARKANSAS OCTOBER 6, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Connie Edmonston, Director of Parks and Recreation Ted Jack, Parks Planning Superintendent FROM: John J. Scott, Urban Forester DATE: September 15, 2020 SUBJECT: Approval of a resolution to approve Bid 20-73 in the amount of $70,658.00 for a contract with Building Exteriors Inc, to install 160 trees along the Cato Springs Trail and project contingency of $7,000.00. RECOMMENDATION: Approval of a resolution to approve Bid 20-73 in the amount of $70,658.00 for a contract with Building Exteriors Inc, to install 160 trees along the Cato Springs Trail and project contingency of $7,000.00. BACKGROUND: Developers who cannot plant the required number of trees on site can contribute to an escrow account used to support tree plantings in the associated quadrant. Tree escrow funds must be spent within seven years. UDC 167.04 J. 4 a-i. This project is utilizing funds for the South West quadrant to enhance the Cato Springs Trail. DISCUSSION: Cato Springs Trail has several areas that have full sun exposure. Urban Forestry, Parks Planning, and the Trails Coordinator discussed adding trees along the trail and agreed this was an excellent addition to the trail system. Trees along the Cato Springs Trail will add shade to comfort trail users in the hot summer months, reduce urban heat island, and provide other benefits such as providing habitat for local wildlife. The plan includes a diverse tree species, including Pecan (Cayra illinoinensis) trees and Paw Paw (Asimina triloba). These fruit trees will contribute to an existing food forest throughout the City. Urban Forestry Staff secured permission from Arkansas Highway Department to plant trees in the State's median, where the Cato Springs Trail crosses the Fullbright Expressway. BUDGET/STAFF IMPACT: Urban Forestry Staff will serve as construction administration for this project. As these trees mature, more maintenance time is required. The contractor will water and maintain the tree for the first year. Attachments: Staff Review Form Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Appendix A- Bid 20-73, Construction — Fall Tree Planting Appendix B- Building Exteriors bid proposal Appendix C- Recommendation for Award Appendix D- Building Exteriors, Certificate of Insurance Appendix E- Building Exteriors 100% performance and payment bonds W Granite Re, Inc. Performance Bond CONTRACTOR: Building Exteriors, Inc. PO Box 8666 Springdale, AR 72766 OWNER: City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 CONTRACT: Date: Amount: $70,658.00 Description: Bid 20-73, Construction - Fall Tree Planting BOND: Bond#: GRAR48508 Date: Amount : $70,658.00 Modifications to this Bond: F71No CONTRACTOR AS PRINCIPAL Building Exteriors, Inc. SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 ❑ Yes, see last page SURETY Granite Re, Inc. -.. Signature: �e1s, Signature: gQ�Z- �G i Name-51-- and Title: Name and Title. ly Eug ne Bennett, Jr. Attorney -in -Fact 1. The Contractor and the 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. GR0614-16 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified 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 the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner releases the payment tendered 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. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 7. 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 or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. 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. 9. 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 one year after Contractor Default or within one year after the Contractor ceased working or within one year 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. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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 GR0614-16 i deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 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. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. 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: Company: Signature: Signature: Name and Title: Name and Title: GR0614-16 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BILLY EUGENE BENNETT JR.; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; STEVEN WAYNE HUTCHINS; TRACY FLETCHER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BILLY EUGENE BENNETT JR.; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; STEVEN WAYNE HUTCHINS; TRACY FLETCHER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 3,d day of January, 2020. s E a L Kenneth D. Whittin ton, President STATE OF OKLAHOMA �w/zl SS: COUNTY OF OKLAHOMA) Kyle P. McDonald, Assistant Secretary On this 3,d day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. My Commission Expires: ' /1100]83° i April 21 , 2023 a Notary Public Commission #: 11003620 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this —91 itchy of tn/.�.�e}1�— , 20211. N,TE REi UU-A Kyle P. McDonald, Assistant Secretary GR0800-1 Granite Re, Inc. Payment Bond CONTRACTOR: Building Exteriors, Inc. PO Box 8666 Springdale, AR 72766 OWNER: City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 CONTRACT: Date: Amount: $70,658.00 Description: Bid 20-73, Construction - Fall Tree Planting BOND: Bond#: GRAR48508 Date: Amount : 70,658.00 Modifications to this Bond: No CONTRACTOR AS PRINCIPAL Building Exteriors, Inc. Signature: AW Name and Title: 2. GR0614-15 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Yes, see last page SURETY Granite Re, Inc. Signature:le a 94 Name and Title: I�1y ugene Bennett, Jf. Attorney -in -Fact 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, With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, or suits and tendered defense of such claims, demands, or suits to the Contractor and the Surety, and provided there is no Owner Default. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all fimds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. 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. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant 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. GR0614-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 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 Contract. 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. 14.2 Constriction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. 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: Company: Signature: Signature: Name and Title: Name and Title: GR0614-15 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BILLY EUGENE BENNETT JR.; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; STEVEN WAYNE HUTCHINS; TRACY FLETCHER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BILLY EUGENE BENNETT JR.; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; STEVEN WAYNE HUTCHINS; TRACY FLETCHER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 3rd day of January, 2020. UpP o,TE q' C s E Kenneth D. Whittin ton, President STATE OF OKLAHOMA SS: COUNTY OF OKLAHOMA) Kyle P. McDonald, Assistant Secretary On this 3,d day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. My Commission Expires: ; 0`: +'"° +%a= t1100Mi0 ': April 21 , 2023 '... - Notary Public Commission #: 11003620 .° GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this —21.stday of October , ZO--W. SEA 1. Kyle P. McDonald, Assistant Secretary GRO800-1