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HomeMy WebLinkAbout286-23 RESOLUTION• 0 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 286-23 File Number: 2023-1438 VANCE BROTHERS, INC. (SERVICE AGREEMENT): A RESOLUTION TO AWARD BID 923-40 AND AUTHORIZE A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $745,175.90 FOR ASPHALT SURFACE TREATMENTS FOR CITY STREETS AND PARKING LOTS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $75,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-40 and authorizes Mayor Jordan to sign a contract with Vance Brothers, Inc. in the amount of $745,175.90 for asphalt surface treatments for city streets and parking lots, and further approves a project contingency in the amount of $75,000.00. PASSED and APPROVED on December 19, 2023 Page 1 Attest: %` 1111IFF1111 �•. • •G1T Y OX- ►CD Kara Paxton, City erk Treasures . I_ AYETTF: —,!1_; - CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 19, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: SUBJECT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment RECOMMENDATION: 2023-1438 Approval of a contract in the amount of $745,175.90 with Vance Brothers, Inc.and approval of a $75,000 contingency, for asphalt surface treatments for City Streets and Parking lots. BACKGROUND: City staff has identified several streets and city -owned parking lots that are in need of preventative asphalt maintenance. Microsurfacing minimizes aging, reduces water infiltration, corrects raveling and weathering, provides a skid resistance surface and improves overall aesthetics. See the attached plan set for a complete list of streets and parking lots. DISCUSSION: On November 8, 2023, the City of Fayetteville accepted bids from licensed firms for the application of micro - surfacing material. One bid was submitted by Vance Brothers, Inc. BUDGET/STAFF IMPACT: This project will be funding by three different sources. The street portion of the project ($496,099.83) will be funded by the Transportation Bond Program. The Parks parking lots ($179,632.23) will be funded by Sales Tax Capital Improvement Funds for Parks. The Parking Division parking lots ($69,383.84) will be funded by the Parking Fund. PURCHASE ORDER DETAILS G/L ACCT PROJECT AMOUNT 4702.860.7252-5417.00 46020.7252 $496,099.83 4470.520.8520-5819.00 16004.1 $179,692.23 2130.430.9133-5819.00 06001.1 $69,383.84 TOTAL $745,175.90 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), Bid 23-40, Bid Tab - Final (#4), Vance Construction Contract (#5), Bid 23-40, Appendix A - City Issued Bid (#6), Bid 23-40, Appendix B - Vance Brothers Submittal (#7), 2023 Asphalt Surface Treatment Project (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1438 Bid 23-40, Construction — 2023 Asphalt Surface Treatment A RESOLUTION TO AWARD BID #23-40 AND AUTHORIZE A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $745,175.90 FOR ASPHALT SURFACE TREATMENTS FOR CITY STREETS AND PARKING LOTS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $75,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-40 and authorizes Mayor Jordan to sign a contract with Vance Brothers, Inc. in the amount of $745,175.90 for asphalt surface treatments for city streets and parking lots, and further approves a project contingency in the amount of $75,000.00. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2023-1438 Item ID 12/19/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/29/2023 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Approval of a contract in the amount of $745,175.90 with Vance Brothers, Inc. and approval of a $75,000 contingency, for asphalt surface treatments for City Streets and Parking lots. Budget Impact: 2130.430.9133-5819.00 Parking Fund 4470.520.8520-5819.00 Sales Tax Capital Fund 4702.860.7252-5417.00 Streets Projects (2019/2022 Bonds) Account Number Fund 06001.1 16004.1 46020.7252 Project Number Parking Lot Improvements & Overlays Park Paving Improvements Streets Projects (2019/2022 Bonds) - Pavement Maint Project Title Budgeted Item? Yes Total Amended Budget $ 1,799,617.29 Expenses (Actual+Encum) $ 874,522.71 Available Budget $ 925,094.58 Does item have a direct cost? Yes Item Cost $ 820,175.90 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget 104,918.68 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Item cost includes contingency Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF EVILLE ARKANSRKANSAs BID TABULATION Bid 23-40, Construction - 2023 Asphalt Surface Treatment DEADLINE: Wednesday, November 8, 2023 at 2:00 PM Certification of Funds: $1,200,000.00 /,fi,S� ,000_J0 total a!Ic veu'j Vance Brothers Inc Total $745,175.90 Line # Description CITY UOM Unit Extended 1 Mobilization (Not to Exceed 5% of Base Bid) 1 LS $25,000.00 $25,000.00 2 Bonds and Insurance 1 LS $10,860.00 $10,860.00 3 Microsurfacing (18-22 Ibs/SY) - Roadway 116,843 SY $3.43 $400,771.49 4 Microsurfacing(18-221bs/SY)-Parking Lots 21,797 SY $7.75 $168,926.75 5 Hot Rubber Crack Seal 45,750 LF $2.30 $105,225.00 6 Reflectorized Paint Marking WHITE 4" 14,759 LF $1.44 $21,252.96 7 Thermoplastic Marking-SYMBOLS(Bike, ADA, Shared Lane, etc.) 25 EA $402.50 $10,062.50 8 Thermoplastic Marking - ARROWS 2 EA $402.50 $805.00 9 Thermoplastic Marking - WHITE -12" 60 LF $28.75 $1,725.00 10 lReflectorized Paint Marking YELLOW 4" 380 LF $1.44 $547.20 • NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials. C y 4 Kenny Fitch, Purchasing Agent Amanda Beilfuss, S asing Agent 2Da Date Date CITY OF ' FAYETTEVILLE ARKANSAS Contract for Services Construction —Asphalt Surface Treatment Contractor/Vendor: Vance Brothers, Inc. Term: Single Project THIS AGREEMENT is made this 19 day of December , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Vance Brothers, Inc. (Vendor or Vance Brothers). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and Vance Brothers, Inc., in consideration of their mutual covenants, agree as follows: Work performed by Vance Brothers, Inc. shall be performed under valid, active, current license with the Arkansas Contractor's Licensing Board. Vance Brothers, Inc. shall follow all federal, state, and local laws at all times. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. Vance Brothers, Inc.'s Tax identification number (TIN) ending in 7983 ii. Vance Brothers, Inc.'s Arkansas Contractor License No. 0057410424 iii. Vance Brothers, Inc.'s Secretary of State Filing No. 100147193 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: Appendix A: Bid package identified as Bid 23-40, Construction — 2023 Asphalt Surface Treatment with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. ii. Appendix B: Vance Brothers, Inc.'s bid submittal iii. Appendix C: Bid Tabulation iv. Appendix D: Vance Brothers, Inc.'s Certificate of Insurance v. Appendix E: Vance Brothers, Inc.'s 100% Performance and Payment Bonds 1. Appendix D and E shall be submitted to the City within the timeframe identified in the bid documents or 10 (ten) calendar days. b. This agreement may be modified only by a duly executed written instrument signed by the CITY and Vance Brothers, Inc. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 1 of 19 City of Fayetteville, AR amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) Vance Brothers, Inc.'s Proposal (d) City's published bid and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Vendor: Vance Brothers, Inc., 5201 Brighton Ave., Kansas City, MO 64130 4. General Provisions: i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. ii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. Ill. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of vendor and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from vendor of defects, City and Design Professional shall promptly inform the City what action, if any, vendor shall take with regard to the defects. iv. WORKSITE VISIT: Vendor acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. v. Vendor shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vi. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Vendor, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Vendor incurs costs or is delayed due to such loss or damage, Vendor may seek an equitable adjustment in the Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 2 of 19 City of Fayetteville, AR viii. Taxes and Permits: Vendor shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Vendor shall pay applicable taxes and permit fees associated with the entire project. ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. x. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Vendor shall not unreasonably withhold consent to partial occupancy or use. xi. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. xii. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. xiii. Where figures are given, they shall be preferred to scaled dimensions. xiv. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Vendor shall perform the Work as though fully described on both. Vendor shall seek clarification from the City or the City's third -party Design Professional for any discrepancies. xv. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, Vendor shall immediately submit the matter to City and Design Professional for clarification. The City's clarifications are final and binding, which may include third -party Design Professional content. xvi. DEBARMENT AND SUSPENSION: By execution of this agreement, Vendor certifies that to the best of its knowledge and belief that the Vendor and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 3 of 19 City of Fayetteville, AR 4. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 5. Vendor understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $50,000. 6. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion. d. "Contract Time' is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Vendor' is the person or entity identified in this contract and includes Vendor's Representative. g. "Day' means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. L "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Vendor must comply that are enacted as of the Agreement date. n. "Others' means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's principal and branch offices for work associated with this project. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 4 of 19 City of Fayetteville, AR p. "Owner' is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and Vendor. s. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by Vendor to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Vendor shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Vendor, and any visible conditions at the Worksite affecting the Work. b. Should Vendor discover any errors, omissions, or inconsistencies in the Contract Documents, Vendor shall promptly report them to the City and Design Professional. Following receipt of written notice from Vendor of defects, City shall promptly inform Vendor what action, if any, Vendor shall take with regard to the defect. c. Nothing in this section shall relieve VENDOR of responsibility for its own errors, inconsistencies, or omissions. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 5 of 19 City of Fayetteville, AR d. COST REPORTING: Vendor shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Vendor shall maintain a complete set of all books and records prepared or used by Vendor with respect to the Project. City shall be afforded access to all of Vendor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Vendor shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Vendor warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Vendor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Vendor further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Vendor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Vendor's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Vendor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Vendor's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Vendor shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work i. If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Vendor in writing. Unless City provides written acceptance of the condition, Vendor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. ii. If Vendor fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Vendor. If payments then or thereafter due Vendor are not sufficient to cover such amounts, Vendor shall pay the difference to City. iii. Vendor's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two-year correction CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 6 of 19 City of Fayetteville, AR period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Vendor and allow Vendor an opportunity to correct the Work if Vendor elects to do so. If Vendor elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Vendor does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Vendor, City shall promptly provide Vendor with an accounting of the actual correction costs. iv. If Vendor's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Vendor shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Vendor's other obligations under the Contract Documents. vi. Before final payment, at City option and with Vendor's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Vendor holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Vendor shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. VENDOR'S SAFETY REPRESENTATIVE: Vendor shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Vendor in writing to City, Vendor's project superintendent shall serve as its safety representative. Vendor shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Vendor is required to file an accident report with a public authority, Vendor shall furnish a copy of the report to City. c. Vendor shall provide City with copies of all notices required of Vendor by the Law. Vendor's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. L Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Vendor, or anyone for whose acts Vendor may be liable, shall be promptly remedied by Vendor. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Vendor's safety program, may require Vendor to stop performance of the Work, take corrective measures satisfactory to City. If Vendor does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Vendor agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Vendor's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Vendor agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 7 of 19 City of Fayetteville, AR Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Vendor agrees not to subcontract Vendor at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. CONTRACT PRICE: The City of Fayetteville agrees to pay, and Vance Brothers, Inc. agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. b. Estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the Engineer of Record. Unit prices have been computed as provided in the bid documents. c. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. i. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. d. SUBMITTAL AND PROCESSING OF PAYEMENTS: Payments will be made after approval and acceptance of work and submission of invoice Payments will be 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 Fayetteville does not agree to any interest or penalty for "untimely" payments. e. PROGRESS PAYMENTS, RETAINAGE: The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the BID DOCUMENTS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. I. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the BID DOCUMENTS. 1. 95%of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 8 of 19 City of Fayetteville, AR 2. 100%of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the BID DOCUMENTS. f. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Vance Brothers, Inc. shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Vance Brothers, Inc. to be set forth therein. I. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against Vance Brothers, Inc. or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Vance Brothers, Inc. shall provide 100% separate performance and payment bonds (inclusive of any approved contingency) from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties. a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. If such dates are not established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final Completion of the Work shall be established via Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Vendor shall not knowingly commence the Work before the effective date of Vendor's required insurance and bonds and formal written and signed Purchase Order issued by the City of Fayetteville Purchasing Division. d. Schedule of Work: Before submitting its first application for payment, Vendor shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Vendor shall comply with the approved Schedule of the Work or Vendor. I. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Vendor to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Vendor consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, Vendor may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If Vendor requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, Vendor shall give City written notice of the claim. If Vendor causes delay in the completion of the Work, City shall be entitled to recover its additional costs. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 9 of 19 City of Fayetteville, AR 13. Substantial Completion: a. Vendor shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Vendor shall promptly and accurately complete all items on the list. b. When Substantial Completion of the Work or a designated portion is achieved, Vendor shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Vendor to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Vendor the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Vendor in a mutually agreed upon timeframe. 14. Final Completion: a. Upon notification from Vendor that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Vendor shall prepare for City's written acceptance a final application for payment stating that to the best of Vendor's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment shall be made to Vendor within thirty (30) Days after Vendor has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. d. Final payment shall be due on Vendor's submission of the following to the City: I. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; Hi. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Vendor or its Subcontractors at the Worksite. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 10 of 19 City of Fayetteville, AR e. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Vendor. If approved by City, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Vendor shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. f. ACCEPTANCE OF FINAL PAYMENT: Unless Vendor provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. g. Vance Brothers, Inc. shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. Vance Brothers, Inc. shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 15. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 17. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing 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 VENDOR shall 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. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 20.Insurance: a. Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Vendor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Vendor's Employers' Liability, CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 11 of 19 City of Fayetteville, AR Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix D. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Vendor fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Vendor or terminate this Agreement. d. To the extent commercially available to Vendor from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: I. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. H. Unless otherwise directed in writing by City, before starting the Work, Vance Brothers, Inc. shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Vendor, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Vendor) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project. 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 12 of 19 City of Fayetteville, AR 6. physical loss resulting from Terrorism iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Vendor before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order, If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 1. To the extent of the limits of Vendor's Commercial General Liability Insurance, Vendor shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Vendor, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Vendor to purchase and maintain additional liability coverage. Vendor shall provide: Additional Insured. City shall be named as an additional insured on Vendor's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Vendor, or those acting on Vendor's behalf, in the performance of Vendor's work for Owner at the Worksite. The insurance of the Vendor and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non- contributory. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 13 of 19 City of Fayetteville, AR ii. OCP. Vendor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. L Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by VENDOR. Before commencing the Work, Vendor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. I. ROYALTIES, PATENTS, AND COPYRIGHTS: Vendor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Vendor and incorporated in the Work. Vendor shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. j. PROFESSIONAL LIABILITY INSURANCE: To the extent Vendor is required to procure design services, Vendor shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Vendor's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Vendor's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 21. Professional Responsibility: Vance Brothers, Inc. will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Vance Brothers, Inc. any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Vance Brothers, Inc. can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Vance Brothers, Inc. 22. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Vance Brothers, Inc.: i. Provide full information as to the requirements for the Project. ii. Assist Vance Brothers, Inc. by placing at Vance Brothers, Inc.'s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. Ill. Assist Vance Brothers, Inc. in obtaining access to property reasonably necessary for Vance Brothers, Inc. to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Vance Brothers, Inc. and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Vance Brothers, Inc. in a timely manner. vi. The City of Fayetteville Facilities Director is the project representatives with respect to the services to be performed under this Agreement. The Facilities Director Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 14 of 19 City of Fayetteville, AR 23. Cost Opinions and Projections: Cost opinions and projections prepared by the Vance Brothers, Inc. relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Vance Brothers, Inc. experience, qualifications, and judgment as a Vance Brothers, Inc. professional. 24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Vance Brothers, Inc. shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 25. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: I. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Vance Brothers, Inc. is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but I. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Vance Brothers, Inc. at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Vance Brothers, Inc.'s default. d. If termination for default is affected by Vance Brothers, Inc., or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Vance Brothers, Inc. for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Vance Brothers, Inc. relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, Vance Brothers, Inc. shall: I. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Vance Brothers, Inc. in performing this Agreement, whether completed or in process. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 15 of 19 City of Fayetteville, AR f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of Vance Brothers, Inc. to fulfill contractual obligations, it is determined that Vance Brothers, Inc. had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 26. Delays a. In the event the services of Vance Brothers, Inc. are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond Vance Brothers, Inc.'s reasonable control, Vance Brothers, Inc. shall be entitled to additional compensation and time for reasonable documented costs incurred by Vance Brothers, Inc. in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Vance Brothers, Inc., CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 27. Rights and Benefits a. Vance Brothers, Inc.'s services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 28. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Vance Brothers, Inc. which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Vance Brothers, Inc. in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Vance Brothers, Inc, written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. III. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Vance Brothers, Inc. shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Vance Brothers, Inc., and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 16 of 19 City of Fayetteville, AR 29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to Vance Brothers, Inc. for services rendered by Vance Brothers, Inc. All parties agree if funding should become insufficient to complete the project, VENDOR shall be notified in a timely manner. 30. Publications: a. Recognizing the importance of professional services on the part of Vance Brothers, Inc.'s employees and the importance of Vance Brothers, Inc.'s public relations, Vance Brothers, Inc. may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Vance Brothers, Inc.'s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Vance Brothers, Inc., CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Vance Brothers, Inc.'s activities pertaining to any such publication shall be for Vance Brothers, Inc.'s account. 31. Indemnification: a. The CITY requires the Vance Brothers, Inc. to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Vance Brothers, Inc., or their employees, agents, Subcontractors, sub consultant and Suppliers of the Vance Brothers, Inc. 32. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Vance Brothers, Inc. may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Vance Brothers, Inc. as part of the Services shall become the property of CITY OF FAYETTEVILLE when Vance Brothers, Inc. has been compensated for all Services rendered, provided, however, that Vendor shall have the unrestricted right to their use. Vance Brothers, Inc. shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Vance Brothers, Inc. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Vance Brothers, Inc. makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 33. Additional Responsibilities of Milestone: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Vance Brothers, Inc. of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 17 of 19 City of Fayetteville, AR b. Vance Brothers, Inc. shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Vance Brothers Inc.'s negligent performance, except beyond the Vance Brothers Inc.'s normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. Vance Brothers, Inc.'s obligations under this clause are in addition to Vendor's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Vance Brothers, Inc. for faulty materials, equipment, or work. 34. Audit and Access to Records: a. Vance Brothers, Inc. shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Vance Brothers, Inc. shall also maintain the financial information and data used by Vance Brothers, Inc, in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Vance Brothers, Inc. will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: I. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Vance Brothers, Inc.; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 35. Covenant Against Contingent Fees: a. Vance Brothers, Inc. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Vance Brothers, Inc. for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 18 of 19 City of Fayetteville, AR discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 36. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Vance Brothers, Inc. or any of Vance Brothers, Inc. agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Vance Brothers, Inc. terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Vance Brothers, Inc. as it could pursue in the event of a breach of the Agreement by Vance Brothers, Inc. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Vance Brothers, Inc. incurs in providing any such gratuities to any such officer or employee. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and VANCE BROTHERS, INC. by its authorized officer have made and executed this Agreement as of the day and year first above written. By: f Vl",, Li eld Jordan, VANCE BROTHERS, INC. By: RobertVance, Sr. Vice President 0%1111►111/1/1 THE A ATTEST: �`�F;�•'Y•�' �sl:��. Kara Paxton, City Clerk Treasurer ; Date Signed: 12/19/2023 V11611ui,�iic ```�� Date Signed CONTRACT: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 19 of 19 City of Fayetteville, AR --�/ '71,2- 0� Ali a® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODYYYY) 11 /17/2023 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 have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER HUB International Mid -America 9200 Ward Parkway Suite 500 CONTACT NAME: certificate Department PHONE FAX E"' 816-708-4600 uc No:816-203-4425 EMIC,MAINo.L ADDRESS: HUB-KC.Certificates@HUBinternational.com INSURER 5 AFFORDING COVERAGE NAIL It Kansas City MO 64114 INSURER A: Travelers Property Casualty Conan of America 25674 INSURED VANCE01 Vance Brothers, Inc. 5201 Brighton Kansas City MO 64130 INSURER B: Missouri Emplo ers Mutual Insurance Company 10191 INSURERC: The Phoenix Insurance Compan 25623 INSURER D: Argonaut Insurance Company 19801 INSURER E: The Travelers Indemnity C_om an of America 25666 INSURER F : Previsor Insurance Co. COVERAGES CERTIFICATE NUMBER: 262000486 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL INSD SUER Me POLICYNUMBER MMIDDIYYYY MMIDD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR Conl. Liab. Y Y DT-CO-9M212947-PHX-23 111/2023 1/1/2024 EACH OCCURRENCE $1,000,000 -DAMAGE TO PREM SES a -RENTED $ 300,000 X MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[X]PRO LOC OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000,000 $ E AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X MCS-90 Y Y 810-9M352747-23-26 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per parson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CUP-9M422902-23-26 1/1/2023 1/112024 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED X RETENTION $ 1 n nnn $ B E D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYICERIMETORIPARTNEFJEXECUTIVE OFF(Mandatory InN REXCLUDED? (Mantlalory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA MEG 1021086-15 WC9289 828554 WC928948285514 1/1/2023 1/1/2023 1/1/2023 1I1/2024 1/1/2024 1/1/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: 2023 Asphalt Surface Treatment. City of Fayetteville, AR is Additional Insured as respects the General, Auto and Umbrella Liability policies, coverage applies on a Primary, Non -Contributory basis. General liability Additional Insured includes coverage for ongoing & completed operations. Waiver of Subrogation applies in favor of Additional Insured as respects General, Auto and Umbrella Liability when required by written contract, per policy provisions. CERTIFICATE HOLDER CANCELLATION 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, AR 113 W. Mountain Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE 1r�r"7' @ 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Fayetteville, Arkansas rP CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113W•Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID ( ^v Bid 23-40, Construction — 2023 Asphalt Surface Treat DEADLINE: Wednesday, November 1, 2023 before 2:00 PM, Lock ; � PRE -BID MEETING: Wednesday, October 25, 2023 at 10:00 AM, in RcNm #111 of City Hall SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayettevi DATE OF ISSUE & ADVERTISEMENT: 10/08/202T*jk10/JA No late bids shall be accepted. Bids shall be submitted �11 the glla v�i�g`meth : (1) through the City's third -party electronic bidding platform or (2) delivering in person r s Ted en tot 'f Fayetteville Purchasing Division. Submitting through the City's electronic biddin t rm i ron�y en IN. All bids shall be submitted in accordance with the attached City of Fayettevill ecificati �*,�d bid oc N. attached hereto. Each bidder is required to fill in every blank and shall s;11C&40ALL.ZPEERS: in rma o sted; fair ►to do so may be used as basis of rejection. All interested parties can obtain files for t pro ct by goo��http://fayetteville-ar.gov/bids. Bid documents shall be distributed electronically from the City eville Prc asing Division only. BID PACKAGE INCLUDES THE FOLLCLVILIIN LES 4PICl HALL BE LISTED UNDER "ATTACHMENTS": FILE #00: REQUIRED SIGNATURE FOKMS — 6 Total Pages FILE #01: PROJECT MAN U — Wotal Pages FILE#02: DRAWINGS— Sheets *Additional file}}'' - J as addendums are issued. Addendums will be uploaded and posted to the City's electronic bidding platforrTi V *PLAN LISTINGS: A listing of Contractors who have received documents can be found in the City's electronic bidd'orm under the project section tab titled 'Plan Holders'. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-or.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 1 of 45 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 2 of 45 CITY OF 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. 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.) F-1 o In lieu of a bid bond the bidder may submit a cashier's check from a bank located in the State o 91!`as for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier' s shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by i an in -person delivery to the City Purchasing Division. ❑All addenda shall be signed, acknowledged, and submitted on the appropriate forms (s the actual addendums or marking acknowledgement on other bid pages). ` All line items shall be appropriately filled out and extended to reveal the line itelbice as well as the total bid priceF-1 A& To F-1 Total base bid should be calculated in the provided space. [� � All pages provided with signature lines shall be appropr' tel signed, cordingly, and included with submitted bid documents ♦ All bids shall be received before the stated d i utilizing ie ity's bidding platform or submitting a physical sealed bid to the location listed be Submit ' bid elect c y is strongly encouraged. A public bid opening will be conducted short fter eadlin� at City Hall and livestreamed at https://www.youtube.com/user/cityoffavet villea r misd' to }bids shall not be accepted. The City of Fayetteville shall not be respo ibl f st o di ected it failure of bidder's technical equipment. If submitting a physical bid, all bi e n t s.,rah e delive a sealed envelope to the address stated in the advertisement or updated deadlin issu vi nda. Ii s should be delivered with the name of the bidder (contractor) on the sealed envelope as wel e bide�r�ansas Contractor's License Number. Additional Information Required: � ` • List of Subcontractor b or AviIly or attach if submitting a physical bid. • AR Secretary of S nOR submit electronically. • Arkansas Contrac nse #: OR submit electronically. • Pursuan A a a�Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott I and will not boycott Israel during any time in which they are entering into, or while in contract, win�I ublic entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott a e contractor must notify the contracted public entity in writing. • Submit electronically or circle applicable answer: YES or NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. • Submit electronically or circle applicable answer: YES or NO City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 3 of 45 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 4 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-40, Construction — 2023 Asphalt Surface Treatment The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, installation of asphalt surface treatments in various locations throughout The City of Fayetteville. Questions s addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or by calling (479) 575 A non -mandatory Pre -Bid meeting will be held Wednesday, October 25, 2023 at 10:00 AM, in Room.AvikyFayetteville City Hall. Information regarding the pre -bid meeting is available on the project page on the City's .1pnic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayet�Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received L47yednesday, November 1, 2023 before 2:00 PM, local time utilizing the electronic bidding software or by submittin a red bid to the City of Fayetteville Purchasing Division. All bids shall be received prior to the bid dea1Ii`ft*.Late XMI cted bids shall not be accepted. Submitting a bid electronically is strongly encouraged. A public bid�peningnductedshortly after the deadline at City Hall and livestreamed at https://www.youtube.co responsible for lost or misdirected bids, or failure of b Each bid exceeding $50,000 shall be accompanied or a corporate bid bond for five (5) percent of bid bond, the actual physical cashier's checkA (100%) performance and payment bo contingency. A State of Arkansas Coni at the time of bid deadline. Any Contr Pursuant to Arkansas Code Annotated women business enterprises to bid oU Fayetteville encourages all general% women business enterprises. t et e N r. Th City of Fayetteville shall not be re �0 ent, k fro a b�oing business in the State of Arkansas even adder opts to submit a cashier's check for a Cites_* to the deadline. A one hundred percent *4Wecl. This amount includes any approved ids exceeding $50,000 and license shall be valid Abe registered with the Arkansas Secretary of State. Fayetteville encourages all qualified small, minority and \for goods, services, and construction. Also, City of ct portions of their contract to qualified small, minority and The City of Fayetteville res tie right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not e v eyond ninety (90) days from the bid opening date. Cityof Fa e villc� Y By: Am uss City asing Agent P: 479. 8220 Email: abeilfuss@fayetteville-ar.ov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 10.08.23 & 10.15.23 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $455.30. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 5 of 45 Project Manual �I CITY FAYET�CTPA� L�G� A �Oj���C� 0 2023 ha 3� It Surface Treatment BID # 23-40 Date: October 2023 • a, City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 6 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment 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. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing D' * n's electronic bidding platform at www.fayetteville-ar.ov/bids. All bids shall be receiv b the deadline, utilizing the electronic bidding software or as stated in the bid advertisemen itting a bid electronically is strongly encouraged. A public bid opening will be conducte t after the deadline at City Hall and livestreamed at htt s: www. outube.com user cit off illear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lg&iL isdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Contractor should c the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents rio opening time and date listed on the bid form. ("' e. Bidders shall have experience in providing produc a d/or r1s of the same or similar nature. f. Bidder is advised that exceptions to anyCV erms o - ed i this bid must be identified in its response to the bid. Failure to do so d th derla e y such term non-negotiable. Proposer's desire to take exception tc#(a�p -ne is er disqualify it from consideration for award. �G.! g. Local time is defined as the ti Faye rkan ,j 'the due date of the deadline. Bids shall be received before the ti a own atomic located in the Purchasing Division Office. h. Bids will be evaluated an war d on t �t interest of the Cityof Fayetteville. The City Y Y reserves the right to award bids i r ent e one, or by line item. l J.. . No oral interpretations wil d'e to ny f' lns as to the meaning of specifications or any other contract documents. All questions per ing to th rms and conditions or scope of work of this bid must be sent in writing via e-mail to i4Q,.Purc5asing Division. Responses to questions may be handled as an addendum if the response would p v larification to the requirements of the bid. All such addenda shall become part of the contract docuvs. The City will not be responsible for any other explanation or interpretation of the proposed bid rree or given prior to the award of the contract. DESCRIRTIOWDF SUPPLIES AND SERVICES: rnce to a particular brand or manufacturer is done in an effort to establish an acceptable level of q i 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: City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 7 of 45 5 C911 7 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 the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarificati ditional information, or data without changing the terms of the bid. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the C or�ny work performed in connection therewith, shall be borne sole) b the bidder(s). No payment will b made for an responses Y Y p Y Y p received, or for any other effort required of, or made by, the bidder(s) prioQFontract commencement. CG CONFLICT OF INTEREST: �► a. The bidder represents that it presently h i�erest a all a quire no interest, either direct or indirect, which would conflict in any ma ith e rmgn services required hereunder, as provided in City of Fayetteville Co ion 3,4.2 led " y of City Employee to Contract with the City'. b. All bidders shall promptly n ma uss, tom' . Purchasing Agent, in writing, of all potential conflicts of i e r rospec v usiness association, interest, or other circumstance which may nce( pear uence the bidder's judgment or quality of services being provided. Such wr�l�bti ica . all identify the prospective business association, interest or circumstance, the City as to whether tl constitute a conflict of�. the bidder its opiniq� A bid may be authorized re) unless apply vhi bidder may undertake and request an opinion to rest or circumstance would, in the opinion of the City, to by the bidder. The City agrees to communicate with ass mail within thirty days of receipt of notification. NSJW prior to the time set for the bid submittal, based on a written request from an ative of the firm; however, a bid shall not be withdrawn after the time set for the bid the Purchasing Division. L OR MODIFICATIONS: 8 0 Nifications received after the time set for the bid submittal shall not be considered. Modifications in wr g 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) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 8 of 45 9. CONSTITUTIONAL, 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 constitutional, 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 sub ract portions of their contract to qualified small, minority and women business enterprises. 10. COLLUSION: The Bidder, by affixing his or her signature to this bid, agrees to the following: "bidde fies that his or her bid is made without previous understanding, agreement, or connection wi1�'Q� person, firm or corporation making a proposal for the same item(s) and/or services and i '� espects fair, without outside control, collusion, fraud, or otherwise illegal action." 11. RIGHT TO AUDIT, FOIA, AND JURISDICITON: le) G 12 13 a c The City of Fayetteville reserves the privilege oditing �Ttractor's records as such records relate to purchases between the City and Saintractor Freedom of Information Act: City co s an �en,6s ared while performing City contractual work are subject to tansa Frm rmation Act. If a Freedom of Information Act request is presen d the Faye evi he (Contractor) will do everything possible to provide the docum in a r and ti e manner as prescribed in the Arkansas Freedom of Information Act §25- et. s my legally authorized photocopying costs pursuant to the FOIA ma�sse is comp� aa e. Legal jurisdiction t applying to the cap 3shington County, Arkansas with Arkansas law CITY INDEMNIFICATION: �`'`,� The successful bidder(s) r e�"Eo indeQI the City and hold it harmless from and against all claims, liability, loss, damage or expose, including but not limited to counsel fees, arising from or by reason of any actual or claimed r;Sereof e 1�A<, patent or copyright infringement or litigation based thereon, with respect to the goods or any covered by this order, and such obligation shall survive acceptance of the goods and pa e0f thereof by the City. VARIAIIJCEF Z STANDARD TERMS & CONDITIONS: All terms and conditions stated in this request for bid apply to this contract except as specifically i the subsequent sections of this document, which take precedence, and should be fully understood by ders prior to submitting a proposal on this requirement. 14. 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 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 9 of 45 deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 15. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville encourages 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. 16. PAYMENTS AND INVOICING: 17 NO The bidder must specify in their bid the exact company name and address which must be t e as invoices submitted for payment as a result of award of this bid. Further, the successful bidder onsible for immediately notifying the Purchasing Division of any company name change, whi uld cause invoicing to change from the name used at the time of the original bid. Payment will b within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not p interest, fees, or penalty for untimely payments. Payments can be processed through bidderance of Visa at no additional costs to the City for expedited payment processing. The City will nd rem to any nonrefundable deposit or retainer that would remain property of the bidder even if the ho lly work actually performed by the bidder would not justify such fee. a. The City will pay the Contractor based on unit prices►provi invoicing. Progress payments will be made after approval and acceptance of w rk and sub s of invoice. Payments will be made within 30 days of accepted invoice. +` CANCELLATION: ` a. The City reserves the right to this c t wit t c use by giving thirty (30) days prior notice to the Contractor in g of ntion ncel or with cause if at any time the Contractor fails to fulfill by an terms nditions specified. b. Failure of the contractor td co m a Y o provisions of the contract shall be considered a � material breach of contract and a be or immediate termination of the contract at the discretion of the City of Fa tt lle. c. In addition to all othe a me Q i ble to the City of Fayetteville, the City reserves the right to cancel and obtai anoth sore, any items and/or services which have not been delivered within the period o ti from the to of order as determined by the City of Fayetteville. d. In the event iN-it budgeted funds are not available for a new fiscal period, the City shall notify the Contr2utpenalty such occurrence and contract shall terminate of the last day of the current fiscal perioc�eyi or expense to the City. �Contractor shall perform this contract. No assignment of subcontracting shall be allowed ithout 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 10 of 45 19. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the Contractor 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. 20. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or electe request for proposals, request for qualifications, bids or contracts, during the pendent the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's st bidder/proposer/protestor, or any person employed by any legal entity affiliated witf' organization that is responding to the request for proposal, request for qualificatio a pending bid protest is strictly prohibited either upon advertisement or on a d e� Fayetteville and shall be prohibited until either an award is final or the protesi of Fayetteville; provided, however, nothing herein shall prohibit a p contacting the Purchasing Division to address situations such as clarificato -icial;ding Wtest, by a ent of the ;presenting an contract, or has Wished by the City of ly resolved by the City ecti"e/bidder/proposer from Id/or questions related to the procurement process. For purposes of this provision lol b44ng acti it' WII include but not be limited to, influencing or attempting to influence action or non -action in c on with any request for proposal, request for qualification, bid or contract throu I��t or ind' oral or written communication or an attempt to obtain goodwill of persons and/or e peci e is pro in. Such actions may cause any request for proposal, request for qualificatio r coit be 21. ADDITIONAL REQUIREMENTS: The Cityreserves the right to e ddit* .I ervice tin to this bid from the bidder. When g ,�� � g approved b the City as an am nt contr d authorized in writing prior to work the pp Y Y � g Contractor shall provide such addi onal I ents y become necessary. 22. ADD OR DELETE LOCATIONS ORS S: • The City reserves the right era �r delete locations and/or services, either collectively or individually, at the City's s n, atiy' me after award has been made as may be deemed necessary or in the best interests of th ity. In such case, the Contractor(s) will be required to provide services to this contract in accordan I Z Athe terms, conditions, and specifications. 23. INTEGRITY OF ID UMENTS: Bidders s u he original bid form(s) provided by the Purchasing Division and enter information only in the sp es Vere a response is requested. Bidders may use an attachment as an addendum to the bid form i fficient space is not available on the original form for the bidder to enter a complete response. ifications or alterations to the original documents by the bidder, whether intentional or otherwise, wi institute 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 11 of 45 24. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. a. This bid is considered a public improvement bid. Public improvement bids shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor ca the following insurance which shall be maintained throughout the term of the bid. Any work le ; the contractor shall require the subcontractor similarly to provide the same insurance coves �. In case any employee engaged in work on the project is not protected under Workers' r�sation, the Contractor shall provide, and shall cause each subcontractor to provide, a e employer's liability insurance for the protection of such of his employees as are not other otected. 25. PRICING: Pricing shall be submitted in the format as specified in the bid. Bidders equired to submit pricing on entire project as a turn -key price. Bidders are strictly prohibited against u ting bids for partial scope. 26. NOTICE TO PROCEED: a. After contract award, the Contractor w' • ide with 00% performance bond and a separate 100% payment bond, as re in the act. ormance and payment bonds shall include any approved conting b. Upon the City receiving and acc g th e 1000 formance and Payment Bonds, the City will issue a Purchase Order an th a c of Awa ► A). c. The City will coordinate with tthh C or o maiming of the Notice to Proceed being issued, which shall take into consideratio expert e ivery of items with a long lead time. d. Calendar days for substa n final letion shall not start until the day following the issuance of a Notice to Proceed ` 8 e. The City will make r s pay nt for materials delivered on site, after verification of delivered materials by City. �/ 27. OTHER GENERAL C ONS: VN a. Bidderesumed to be familiar with all federal, state, and city laws, ordinances, and regulations w c i ny manner affect those engaged or employed in the Work, or the materials or equipment 6sed, r that in any way affect the Work and shall in all respects comply with said laws, ordinances, •`I regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in piny 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 tax shall 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 12 of 45 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 , or does it commit the city to pay for any costs incurred by bidder in preparation. It sha clearly understood that any costs incurred by the Bidder in responding to this solicitation is bidder's own risk and expense as a cost of doing business. The City of Fayetteville sha t e liable for X reimbursement to the Bidder for any expense so incurred, regardless of er or not the submittal is accepted. g. If products, components, or services other than those described in thi d cument are proposed, the bidder must include complete descriptive literature for each. AI requests for additional information must be received within five working days following t uest. h. NOTE: Any uncertainties shall be brought to tP44ttenti n anda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfus f ettevil v). It is the intent and goal of the City of Fayetteville Purchasing Divisio vide o ents roviding a clear and accurate understanding of the scope of work to b c plete r good ,t e provided. We encourage all interested parties to ask questions to n e all jd o b �,ual bidding terms. i. Any inquiries or requests for tion i rd to e y's requirements should be made promptly to Amanda Be* Cit ayett . Sr. Purchasing Agent via e-mail (abeilfuss fa etteville-a telep (479.57 . 0). No oral interpretation or clarifications will be given as to the me ing of a oft lest for proposal. All questions, clarifications, and requests, together with an "f any e provided to all firms via written addendum. Names of firms submitting bqu tions, cl tions, or requests will not be disclosed until after a contract is in place. j. Any information prov e refryry'11'S d to assist the bidder in the preparation of proposals necessary to prop I r ' and td� bid. The bid is designed to provide qualified Proposers with sufficient basic inftion to submit proposals meeting minimum specifications and/or test requireme t�i�tnot intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irre ably consent that any legal action or proceeding against it under, arising out of or in any mann r (waives ting to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irr vv _ any claim or defense in any said action or proceeding based on any alleged lack of ris tion or improper venue or any similar basis. � L e 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 13 of 45 m. The successful bidder's attention is directed to the fact 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 theskn tract Documents or in the specifications herein referred to, in relation to any such law, ce, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayett GP' a a End of P`�Py�����dConditions tidy" City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 14 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Instructions to Bidders 1. DEFINED TERMS a. 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 s'ngular and plural thereof. b. Bidder/Contractor - one who submits a Bid directly to City of Fayetteville as distinct a sub - bidder, which submits a bid to a Bidder. c. Purchasing Division - the office from which the Bidding Documents are to be is� nd where the bidding procedures are to be administered. d. Successful Bidder - the lowest, responsible, and responsive Bidder to 01��T e City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provide makes an award. e. Contractor - the awarded bidder who has executed the contra r this project with the City of Fayetteville. COPIES OF BIDDING DOCUMENTS a. All bidders are strongly encouraged to d dad th ete bid uments and also complete Bid submission through the City's onl' e I ding, p a ayetteville-ar.gov/bids. Bidders interested in submitting a physical ' all co e P ch Division. b. Complete sets of Bidding Doc s mu ed in ng Bids. City of Fayetteville assumes no responsibility for errors terpre . s result' om the use of incomplete sets of Bidding Documents. v► c. City of Fayetteville, in making cop Bid cuments available on the above terms, do so only for the purpose of obtaining�i s or the We k and do not confer a license or grant for any other use. EXAMINATION OF SITE AN MACT ENTS a. Bidders are +*i ed that the Drawings and Specifications are on file at City of Fayetteville Purchasing Division an,& a constitute all the information which City of Fayetteville shall furnish. No other informationWwen or sounding made by City of Fayetteville or any official thereof, prior to the exec i I of said contract, shall ever become a part of, or change the contract, drawings, sp cions and estimates, or be binding on the City of Fayetteville. rior to submitting any Bid, Bidders shall: 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 a compliant bid. b. Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 15 of 45 10, 0 e 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. 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. Information and data shown or indicated in the Contract Documents with respect to ing underground facilities at or contiguous to the site, is based upon information and data f d to City of Fayetteville by City of Fayetteville's such Underground Facilities or other City of Fayetteville does not assume responsibility for the accuracy or completeness t nless it is expressly provided otherwise in the Supplementary Conditions. On request, City of Fayetteville will provide each Bidder access to the to conduct such examinations, investigations, explorations, tests, and studies as each idl r eems necessary for submission of a Bid. Bidder must fill all holes and clean up and rest e the site to its former conditions upon completion of such explorations, investigations, tend studies. Reference is made to the General Requirementst4Q,.rthe identi 'n of the general nature of work that is to be performed at the site by City of Fay eville o (such as utilities and other prime contractors) that relates to the work for 4.6 a Bid o be submitted. On request, and as available, City of Fayetteville will provid ' ach ' d'for ex nation, access to or copies of Contract Documents (other than porti?%NAreof re t to g�&Q such work. The submission of a Bid will consti complied with every requirem t furnishing the Work require ;Rd techniques, sequences, o expressly required by the ntra errors, ambiguities, and discrepa that the written resolutialNer Documents are genera for performing and JILA �ption, l"wtibl re�Sentation by Bidder that Bidder has Bid is premised upon performing and )ocume nd applying the specific means, methods, 3truc Pf any) that may be shown or indicated or r has given owner written notice of all conflicts, !or has discovered in the Contract Documents and er are acceptable to Bidder, and that the Contract and convey understanding of all terms and conditions 4. AVAILABILITY OF LAND5 FOR WORK AND WORK BY OTHERS The lands upon w Work is to be performed, rights -of -way and easements for access thereto and other lands desi5pifMcl for use by Contractor in performing the Work are identified in the Contract Documents— additional lands and access thereto required for temporary construction facilities constructi obtain& ipment, or storage of materials and equipment to be incorporated in the Work are to be paid for by Contractor. Easements for permanent structures or permanent changes in existing to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract 5. INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA a. 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 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 16 of 45 7 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. b. 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. d. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. e. Bidder assumes all responsibility for checking the City's online bidding portal at www.JM eville- ar.gov/bids for updates and addenda issued to this project. APPROXIMATE ESTIMATE OF QUANTITIES The provided estimate of quantities is approximate only and shall be the basis o riving unit price bids for each item but shall not be considered by Bidders as actual quantities y be required for the completion of the proposed work. However, such quantities, at the unit and lum sum prices bid for each item, shall determine the amount of each bid for comparison of Bids a i in determining the low and responsive Bidder for the purpose of awarding the con t, and will d as basis for fixing the amount of the required Bonds. PRICES •�� J' a. Bidders must state a price for each it worlika in orm. Unit and Lump Sum prices shall include amounts sufficient f a fur '� of la materials, tools, equipment, and apparatus of every description nstr c, , and (f�i.is completely all of the work as called for in the Specifications or in is e the,�gs. �V I a Prices bid on the various be done. Bids which ap Fayetteville may be rejec By submission of a Bid, Work required and hks Work. r a fair relationship to the cost of the work to ied not to be in the best interest of City of -ayetteville. - has considered the entire Project and the pecifications to verify the full scope of the 8. BID FORM O a. Bids are du, indicated in the Advertisement for Bids. I b. Bi fbhc are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, e ures, alterations, or irregularities of any kind or which do not comply with these Instructions Bi ders may be rejected as informal or non -responsive at the option of City of Fayetteville. wever, 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. c. It is the sole responsibility of Bidder to see that the Bid is received on time. d. 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 applicable, 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 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 17 of 45 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. e. 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. 9. SIGNATURE ON BIDS a. If the Bid is made by an individual, the firm name shall 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 &the names of each member shall be given, and the Bid signed by a member of the partn . , or a person duly authorized. If the Bid is made by a company or corporation, the compan rporate name shall be given, and the Bid signed by an officer or agent duly authorized. r orate seal shall be affixed and attested by the secretary or an assistant secretary. The co address and state of incorporation shall be shown below the signature. b. All names must be typed or printed in black ink below the signature. '( c. The address and telephone number for communications regarding the 'Bid ust be shown. d. Powers of attorney, properly certified, for agents and others to sQs must be in writing and filed with City of Fayetteville. ' e. The Bid shall also contain a signed acknowle en of re t f all Addenda. 10. BID SECURITY a. A five percent (5%) bid security, in Tbrm o bon o ier's check from a bank located in the State of Arkansas, as state Adve ent, s ccompany each bid. Bid bonds for the difference in price betwee bidde a seco bidder shall not be acceptable. The Successful Bidder's securbe r i d until. f Fayetteville receives a signed Agreement and required Bonds and C tifica S s ranc e Successful Bidder fails to execute and deliver the Agreement and furnish the red security within fifteen days after the Notice of Selection, City of Fayettevil y nnul e tice of Selection and the Bid security of that Bidder will be forfeited. b. The City of Fayette ' e vest e ri Pit to retain the security until the Successful Bidder enters into the Contract or un I i 60 dater bid opening, whichever is sooner. Cash equivalent security Y( ) Y q Y of the seco Z d t ird low bidder may be exchanged for an equivalent bid bond after bid tabulationsm*�lete or thirty (30) days after bid opening, whichever is sooner. 11. PERFORMAN ND AND PAYMENT BONDS a. PribrVsigning the Agreement, Contractor shall furnish a surety performance Bond and a separate ment Bond, equal to one hundred percent (100%) of the contract price. This shall include any roved contingency. 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 18 of 45 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. d. 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 shall not be sufficient. e. The date of the Bonds, and of the Power of Attornev, must not be orior to the date of the ciaNract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attach f. Bonds are to be approved by City of Fayetteville. If any Bonds contracted for becom isfactory or unacceptable to City of Fayetteville after the acceptance and approval thereo n actor, upon being notified to that effect, shall promptly execute and furnish acceptable 134Nf'h the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory ZM may be canceled at the discretion of Contractor. •(` g. The bonds shall be presented to the City after being file marked at the ashington County Circuit Clerk's Office. Multiple copies of the original bonds may be necesjr filing purposes. V 12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS Contractor shall not assign or sublet all or any p l' contr thou the prior written approval of City of Fayetteville nor shall Contractor allows bcorf to Eo nce work until approval of workman's compensation insurance and pu i labilit ns ce e required. Approval of each subcontract by City of Fayetteville will in nner A e Co tra from any obligations as set out in the Drawings, Specifications, contract, and 13. SUBSTITUTE AND OR EQUAL" IT Any reference to a specific brand or man re is i ort to establish an acceptable level of quality for this purchase. Brands or manufact Lns e t are inc in a bid that are of at least equal quality, size and specification as to what has bee e i d, w'll acceptable for consideration. 14. COMPLIANCE WITH STATE^QNG LA A Contractor's License is req red to bid this project, however, prior to executing the agreement with the City of Fayettevill�Pe Nntractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1 "Arkansas State Licensing Law for Contractors" for bids in excess of $50,000. I 15. QUALIFIC ND RESPONSIBILITY OF BIDDERS Each Byer all be prepared to submit within five days after bid opening, upon City of Fayetteville's or ow �quest, detailed written evidence such as financial data, present commitments, and other such s may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the Sta of Arkansas. Bidders shall be registered with the Arkansas Secretary of State. 16. DISQUALIFICATIONS OF BIDDERS a. 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 23-40, Construction — 2023 Asphalt Surface Treatment Page 19 of 45 b. More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. c. Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. d. 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 reed contract documents. e. Lack of competency as revealed by the financial statement, experience, plant, and ment statements submitted. Lack of responsibility as shown by past work judged from th point of workmanship and progress. f. Uncompleted work which, in the judgment of City of Fayetteville, might or prevent the prompt completion of additional work if awarded. g. Being in arrears on existing contracts, in litigation with City of Fayettevil o"r having defaulted on a previous contract. c'V 17. OPENING OF BIDS v Bids will be opened and read aloud publicly in a irQojAtordesii t by City of Fayetteville the day of the bid opening and shall be livestreamed through &Si y of "tile's Tube page. A Bid Tabulation of the amounts of the base Bids and major al (if a�ill b vailable to Bidders after the opening of Bids. ^ 18. CONSIDERATION OF BIDS (� � a' a. After the bids are opene ad, t antitie a extended and totaled in accordance with the bid prices of the accep d Bi r iew Bids will confirm the low bidder. b. In evaluating Bids, City of Fa tte le will cr the qualifications of Bidders, whether or not the Bids comply with the pr i e requir ents, and such alternates, unit prices, and other data as may be requested in t i rm or* the Notice of Selection. c. City of Fayetteville Sider e ualifications and experience of Subcontractors, Suppliers, and other persons and or1 izations proposed for those portions of the Work as to which the identity of Subcontracto s, uApliers, and other persons and organizations must be submitted as provided in the Suppl ry Conditions. City of Fayetteville also may consider the operating costs, main t, requirements, performance data, and guarantees of major items of materials and eq 11 proposed for incorporation in the Work when such data is required to be submitted prior to otice of Selection. 19. REJECT BIDS 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. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 20 of 45 b. 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. 20. AWARDING OF CONTRACT 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 the contracting parties. The letting of a contract shall not be complete until the contract is execute �ahe necessary Bonds approved. V 21. SIGNING OF AGREEMENT ��/ When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will5mpanied by the number of unsigned counterparts of the Agreement as indicated in the Supple q� Conditions, with all other written Contract Documents attached. Within ten (10) days thereaft�Cdntractor shall sign and deliver the required number of counterparts of the Agreement and ched documents to City of Fayetteville with the required Bonds & Certificate of Insurance. With' (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to tractor. Av 22. MATERIALS GUARANTY Before any contract is awarded Bidder may b r`uired , r�iish a lete statement of the origin, composition, or manufacture of an or all als O)s to in the construction of the Work Y p , together with samples, which may be su to to ide or i e Specifications to determine their quality and fitness for the Work.�Z-* ► V 23. FAMILIARITY WITH LAWS G J► Bidder is presumed to be familiar with a ✓ I, t d city laws, ordinances, and regulations which in an manner affect those engaged lb ed i th ork or the materials orequipment used or that in Yp Y �, any way affect the Work and s it �I red comply with said laws, ordinances, and regulations. No claim of misunderstanding oOXnce art of Contractor will in any way serve to modify the provisions of the contract. V resent io shall be binding unless embodied in the contract. 24. ADDITIONAL LAWS AIMZEONS a. Bidders' attion is called to the following laws and regulations which may have an impact on the Works%L,en the preparation of the Bid: 1. Americans with Disabilities Act. ii. Storm water discharge regulations; enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permit program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. iii. Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 21 of 45 25. CERTIFICATION OF FUNDS Bidders are required to provide pricing for all line items. Failure to provide pricing on all line items can result in bid rejection. The City intends to award this contract to the lowest qualified, responsive, responsible bidder based on the total base bid as long as such bid falls within the amount of funds certified for the project, plus 25%. c. In the event no bid falls within the amount certified, plus 25%, all bids will be rejected and become confidential. d. The Cityshall have the authority to negotiate an award with the apparent res onsiv onsible Y g pp p low bidder but only if the low bid is within twenty-five present (25%) of the certifica funds. 26. RETAINAGE a. Prior to Substantial Completion, progress payments will be madehount equal to the percentage indicated below, but in each case, less the aggregate of pay n s previously made and less such amounts as City/Engineer shall determine, or the City of Fjteville may withhold. b. 95% of Work completed (with the balance bei retainage). If Arr has been 50% completed as �.Y determined by the City/Engineer, and if the cter ogress of the Work have been satisfactory to the City/Engineer, the City m det rmin a s long as the character and progress of the Work subsequently remain satisfa ,NN t er ell e no a itional retainage on account of Work subsequently completed, in whi , the r a ing payments prior to Substantial Completion shall be an amount I o 10 the completed less the aggregate of payments previously made. :?ra�teci c. 100% of Equipment and Ma r of in r i ork but delivered, suitably stored, and accompanied b docume satisf o "to the i Fayetteville. p Y Y 27. SUBSTANTIAL AND FINAL COMPLETION The Work shall be Substantiall o leted i in 60 calendar days after Notice to Proceed and final completion and ready for fina t in \1M calendar days after Notice to Proceed. 28. LIQUIDATED DAMAGES v The Contractor shall a tlip City of Fayetteville liquidated damages for delay (not as a penalty). Contractor shall pay the City Hundred and Fifty Dollars ($750) for each calendar day that expires after the completion tipbl, e as laid out in this Bid Form, for Final Completion until the Work is Complete. 29. MOBILI A I The o t bid for the item of "Mobilization" shall not exceed 5% of the total bid amount for all items I' ar bid shall be rejected. 30. MISCELLANEOUS a. Contractor shall not perform any burning of materials or perform any blasting. If a dumpster is needed for this project, Contractor shall obtain a dumpster from the City of Fayetteville's Recycling and Trash Division. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 22 of 45 c. Work shall be performed during regular work hours, and Contractor shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the City's written consent. GP' IN End of SIionidders City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 23 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Specifications 1. DESCRIPTION: 1.1. This work shall consist of the application of micro -surfacing material to asphaltic pavement surfaces and related surface preparation. The micro -surfacing shall consist of a mixture of cationic latex modified asphaltic emulsion, mineral aggregate, Portland cement, set -control additives and wa 1*1 The micro -surfacing material shall be properly transported, proportioned, mixed and evenly spre he asphaltic pavement surface in strict accordance with the plans, these specifications and as ted by the CITY. In some cases, more than one lift may be required to obtain the specified thic 1.2. The cured micro -surfacing shall have a uniform and homogeneous appearanc tantially fill all cracks, and adhere firmly to the existing surface. The mix shall be capable of spread in varying thickness cross -sections (wedges, wheel path depressions, scratch cour� urfaces) which, after curing and initial traffic consolidation, resist compaction throughout the en ' e design tolerance range of bitumen content and varying thickness to be encountered. The en duct shall maintain a friction resistant surface (high wet friction co -efficient) throughout the ser c a e of the micro -surfacing. 1.3. The completed mixture shall be such that the icra-surfac' Txture has proper workability during p g p p Y g lay down and will permit straight runnin&*'f'l n (1/2 ch) thick micro -surfacing within one hour after placement at 240C (750F ater / or r umidity. Micro -surfacing shall be placed without the occurrence of b g, ra ng, eparal other distress. v/ 1.4. Work shall be performed in a nce curr 1,61 i t i o n of "Recommended Performance Guidelines for Polymer-Mo ' i i o-S ��g" Al ised) published by the International Slurry Surfacing Association (ISSA), D a St ractice for Design, Testing and Construction of Micro -Surfacing, with the odifi speci rein. APPLICATION RATE: I 2.1. Single lift application m -sur ciral aterial shall be applied in one (1) lift of 18-22 pounds per square yard of the dr s of the ggregate. 2.2. At the direct' AZh� City, additionally, due to irregularities in road profile, a single lift application of micro-surfaciip excess of 22 pounds per square yard may be required. Any application in excess of 30 poUVer square yard shall be applied in two lifts ("scratch" course followed by normal appl a i *notify ation of scratch course or any material in excess of 22 pounds per square yard will be measured ately per pound in accordance with the measurement and payment section. The contractor shall the City and receive approval for application of material in excess of 22 pounds per square yard and shall allow for verification of quantities by the City. Any installations in excess of 22 pounds per square yard that is not approved or that the City does not have the opportunity to verify quantities of will not be paid for. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 24 of 45 3. PRE -CONSTRUCTION MEETING: 3.1. The CONTRACTOR shall present samples of materials, laboratory reports, calibration reports, as required by these specifications to the City at the pre -construction meeting. 4. MATERIALS: 4.1. Latex Modified Asphalt Emulsion: The asphalt shall be a latex modified grade CSS-1h (cationic) emulsified asphalt. The grade CSS-1h shall be modified with an approved latex. a. The approved latex shall be milled into the asphalt emulsion prior to the emulsificat, rocess. The asphaltic emulsion manufacturer shall certify that the emulsion contains 3.00 % latex solids based on the mass of asphalt (asphalt residual) within the emulsion. b. The residual asphalt content shall be 6.0% to 10.0% as measured by the wei mass) of the dry aggregate or as approved by the City. An approved set -control agent ' ch a quantity as to produce a one hour set and shall not vary more than ±1% of th ail'ty specified in the mix design. c. The latex modified CSS-1h shall comply with following rements when sampled in accordance with ASSHTO T-40 and shall co ith th f g requirements when tested in accordance with the specified test method: TESTS ON EMULSION ST M ETftb KQUIREMENTS Viscosity, Sa bolt Furol at 77°F AASHTO 14+59 4. 20-1 0 seconds Storage Stability Test 24 hours SH 59 i}°o maximum Particle Charge Test HTO T 59 ositive* Sieve Test TO 0.1 % maximum Distillation: Residual by Evaid o SHTO T 5 62% maximum Oil Distillate, by volume o mulsion AAS T 59 0.5% maximum *If the particle charge st is inconcl s e material a g a maximum pH of 6.7 will be acce tableok TESTS ON EMULSION WjID ST METHOD REQUIREMENTS Penetration, 77°F, 100A,75 s onds AASHTO T 49 40-90 Ductility, 77°F (25'Qtcin., c AASHTO T 51 70 minimum Solubility in TricWQke ne (performed onl a r ired) Cz AASHTO T 44 97% minimum Softening Point, R AASHTO T 23 135°F minimum Viscosity 40°F (60°C), 300 mmHg vacuu +i AASHTO T 202 81000 Poises (800 Pas) min. VA d. T t�nrd distillation procedure shall be performed according to AASHTO T-59 except as d as follows: The temperature for this test shall be held at 347 ±9°F (175°F ± 50C). TPre distillation residue of the modified emulsion shall contain 5.0% 3.0% to polymer solids b / p Y Y mass of asphalt, as determined by an analytical method approved by the City. f. The polymer modified emulsified asphalt shall be so formulated that when the paving mixture is applied with the relative humidity at not more than 50% and the ambient air temperature of at least 75°F (240C), the paving mixture will sufficiently cure so that uniformly moving traffic can be allowed in one hour. Reduced curing time may be required at locations such as driveways, intersections and where sharp turning movements may take place or where vehicles may accelerate sharply. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 25 of 45 4.2. Mineral Aggregate a. The mineral aggregate used shall be of the type and grade specified for the particular use of the Micro -Surfacing. The aggregate shall be manufactured crushed aggregate meeting hardness and abrasion resistance requirements provided in the specifications. To assure the material is totally crushed, 100% of the parent aggregate will be larger than the largest stone in the gradation to be used. The aggregate shall be free of cemented or conglomerated lumps and shall not have any coatings or injurious material. Aggregate shall be free of oversize contamination prior to loading into truck. b. Aggregate may be provided in two portions. A minimum of 35% of the aggrega :NlhII be Portion 1, with the remainder Portion 2 as noted in the Table in Section 4.2.3. c. Aggregate used for this project shall conform to the following requireme n tested in accordance with the specified test methods: TEST METHOD REQUIRE Sand Equivalent ASTM D 2419 65%gKirnyw— Abrasion Resistance after 500 ASTM C 131 35% ma um (net revolutions* pr ion) Portion 1 ASTM C 131 �7 2% Portion 2 ASTK+C 13 TT�� 30% Moisture Content of Aggregate A%TM C 5 As tested Sieve Analysis individual and combine STM C tested Material Passing No. 200 Sieve A, ASTOM C sted Soundness of Aggregates by use of STNW 88 o maximum Sodium Sulfate, 5 cycles Combined Aggregate Bulk Speci TM C 1 OF As tested Gravity *On parent aggregate bef a hin 1 v d. A stockpile of aggregat shall, be 4IZed f project. The aggregate size shall not exceed a 3/8" sieve opening. The aggregate gr asphalt content, and other relevant mix design components shall be pry �ropor 'on o meet the performance of Section 4.7.2 described below. O •� 4.3. Mineral Filler Ci a. The Portl Ce ent mineral filler may be any recognized brand of non -air entrained Type I Portlan nI that is free from lumps or foreign matter. The amount of mineral filler needed shyKermined by the laboratory mix design and will be considered as part of the mineral g on requirement. The mineral filler shall be between 0.5% and 3.0% by the weight of dry a g ate. The laboratory mix design percentage of mineral filler can be increased or decreased • 6u o one percent (±1%) when directed by the City as the micro -surfacing is being placed if it is found to be necessary for better consistency or set times. 4`eter a. The water shall be potable, free of harmful soluble salts, and shall be added in an amount to provide proper consistency. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 26 of 45 4.5. Set -Control Agent a. To improve workability a set -control agent that is approved by the City, and will not adversely affect the micro -surfacing, may be used. Set -control agent must be included as part of the mix design and be compatible with the other components of the mix. The use of set -control additive shall not vary ±1% of the additive optimum recommended in the highest temperature mix test in the mix design. 4.6. Polymer Modifier a. An approved polymer -based modifier shall be milled into the asphalt emulsion. Te itive shall allow the micro -surfacing mixture to cure sufficiently so that normal be permitted in one hour after placement of the micro -surfacing mixture, with age to the new surface. nA 4.7. Composition of Micro -Surfacing Mixtures ,[�GJ a. Mix Design; At least 14 calendar days before micro-surfacing�ement commences, the CONTRACTOR shall submit to the City for approval, a dated al ratory report of tests and a proposed mix design. The date of the mix design will reflect t at sts were performed no longer than 120 days prior to the start of paving cols-ttr tion l0 ommended percentages of each individual material required shall be sho inkhe lab report. Adjustments of water and set -control agent by the City may be 11 du ' truc ' n based on field conditions. The City shall approve the design mix and aJMicro- i g m as and methods prior to use and shall designate the proportions to ised �vl iin e foll mits: Residual Asphalt % to 1 ry wei (m ss) of re Mineral Filler 0.5OX °o by dry t (mass) of a e Latex -based Mo ifier 3 5.0% olids based on weight ss o bt as halt and rubber Water s requir t roduce proper specified ro e s Set -control A o system to provide one -hour set V `* I b. The mix desig s a e per d by a laboratory capable of performing all of the current applicable Intern onal Slurry Surfacing Association (ISSA) tests at one location. The City may d isq ua lilLy ' ftix design submitted by any laboratory whose capability or experience with 1n micro-s g cannot be verified. The proposed micro -surfacing mixture to be used for this proctlshall conform to the requirements specified when tested in accordance with the �P�IIq ng tests: �a , ASTM TEST DESCRIPTION REQUIREMENT D 3910 Consistency Test 2-3 cm D 3910 Cure time '/2 hour maximum ISSA TEST DESCRIPTION REQUIREMENT TB 139 Wet Cohesion 30 minutes (set time) 60 minutes traffic time)-20 12 kg -cm minimum kg -cm minimum or nears in TB 109 Excess Asphalt 538 /m2 50 /ft2 maximum TB 114 Wet Stripping Pass 90% minimum TB 100 Wet Track Abrasion City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 27 of 45 5 One -hour soak, loss 108 g/m2 (10 g/ft2) maximum with 8.5% residual asphalt content Six -day soak, loss 215 g/m2 (20 g/ft2) maximum with 8.5% residual asphalt content TB 113 Mix Time @ 25°C 77°F Controllable to 120 seconds minimum Measurement of Stability TB 147 Lateral Displacement 5% maximum Vertical Displacement 10% maximum c. The mix design report shall be reported on the testing laboratory's letterhead, sign by a manager of the laboratory that performed the tests and shall show the results of ea� he required tests compared to the specification values. The CONTRACTOR name, date ime of collection and location of sample collection shall be noted on the report. Any t ues out of specification shall be clearly noted. The report shall clearly state a recomt tion of the proportions of the mineral aggregate, mineral filler, water (minimum and m um), set -control additive (minimum and maximum), and asphalt solids content (minim maximum) based on the dry weight of the mineral aggregate. The laboratory sl- Is eport the quantitative effects of moisture content on the unit weight of the mineral aggregat (bulking effect). 0 The mix design will further show recommended changes in P ti�j*i cement, water and additive proportions for high temperature weather ditions b rting proportions of materials required for 120 seconds of mix time with aterial d to 38°C (100°F). This elevated temperature mixing report will not b 4r` d for n time pplication nor application where either cool, foggy or overcast conditii I pr e tern ture mixing problems. All the component materials use e m si shall��resentative of the materials to be used on the project. Once th obortions.o�teri to used area roved b the City, no p J approved Y Y. substitutions of other mat I( are first tested and a b o above. Substituted e a s approved by the City. C If requested, the C minimum of the folic ss the materials proposed for substitution �r design approval by the City as specified itil the mix design for those materials is h►bmit to the City samples from all suppliers furnishing a corresponding Material Safety Data Sheets (MSDS) sheets: 4 liters Ilon of the base asphalt 1 liter 2 int of the polymer additive with clear labelingof the polymer type) 4 liters 1 gallon)of the asphaltic emulsion 4ykilo rams 100 pounds) of combined micro -surfacing mineral 5. ctions of the micro -surfacing may be made by the City for every 5th day of material placed, tarting on the first day or as directed by the City. The City, in the presence of the Contractor, shall take a minimum of 2 samples per 5th day for extraction/gradation analyses. The samples shall be taken from the pug mill discharge chute using a contractor supplied rectangular non -absorptive container, such as a loaf pan, of sufficient size to obtain a sample from the entire cross section of the mixture being discharged. Each sample should weigh (have a mass) of 2.5 to 4 lbs. (1000 to 1500 grams). Each sample shall be tested to determine the asphalt binder content and gradation of aggregate kilograms 50 pounds) of each parent mineral aggregate kilograms 6 pounds) of mineral filler with supplier City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 28 of 45 5.3. 5.4. M71 aggregate in the mixture in accordance with AASHTO T-308(Determining the Asphalt Binder Content of Hot -Mix Asphalt (HMA) by the Ignition Method) and AASHTO T-30 (Mechanical Analysis of Extracted Aggregate), respectively. The sampling and testing of the micro -surfacing by the City will result in a report submitted to the CONTRACTOR after the lab has tested the samples. Failure of a test may require removal of material placed or non-payment for the area represented by the test, as directed by the City. Laboratory testing report shall be in accordance with Section 4.7.3 of this provision and will determine: Tests on emulsion/residue as per Section 4.1.4 Tests on Mineral Aggregate: Sieve Analysis as per Section 4.2.2 Copies of all material load tickets, and certified test reports shall be given to the C* W` certified analysis (test report) of emulsified asphalt shall accompany each shipment o Sion to the CONTRACTOR, and the exact residual asphalt cement content of each tanker sh lainly marked on the load tickets. The CONTRACTOR shall furnish to the City an aggregate moisture determin 'on for the stockpile prior to placing the micro -surfacing. This shall be re -tested on delivery ofPeused aggregate to the stockpile or if weather conditions have changed the aggregate moisture contereciably. Aggregate moisture will be accounted for in determining the aggregateen r ti during placement. Copies of a daily control log kept in accorh ISS nical #kulletin No. 107 shall be given to the City before start of the next day's pr n, o erwi i ted by the City. The log shall contain tons of dry aggregate consum at da toi6f a mulsion consumed that day and square yardage covered that day. Z 6. EQUIPMENT: n. V 6.1. Equipment used shall be s ifical d nLd an �iufactured to la micro-surfacing.The material p Y shall be mixed by an automatic seq n ed, s pelled micro -surfacing mixing machine, which shall be a continuous flow mixing ab e to a�cur ely deliver and proportion the aggregate, emulsified asphalt, mineral filler, con o s ing a dive and water to a revolving multi -blade twin shafted mixer and discharge the mixe Ct o ctOous flow basis. The machine shall have sufficient storage capacity for aggrega , e Isified alt, mineral filler, control additive and water to maintain an adequate suppl to the roportioning controls. 6.2. Mixer-Sprea cks a. The cro-surfacing shall be mixed in pugmill mixers of adequate size and power for the type of rr c surfacing to be placed. er-spreader truck shall be equipped to proportion the mineral aggregate, Portland cement '` mineral filler, water, set -control additives and emulsified asphalt by weight, to a revolving multi - blade dual mixer, and discharge the thoroughly mixed product. The machine shall have sufficient storage capacity for mineral aggregate, emulsified asphalt, Portland cement mineral filler, water and set -control additive to maintain an adequate supply to the proportioning controls. All rotating and reciprocating equipment on mixer -spreader trucks shall be covered with metal guards. The paddles or augers shall be designed and operated so all fresh mix will be agitated City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 29 of 45 and to create a turbulence or laminar flow to prevent the mixture from setting up in the box, causing side build-ups and lumps. 6.3. Spreader Boxes - The micro -surfacing mixture shall be spread by means of one of the following controlled spreader box configurations conforming to the following requirements: a. Variable Full Width Spreader Box - The variable full width spreader box shall be capable of spreading a traffic lane 9-14 feet in width while simultaneously applying mixed material. The box shall be equipped with strips of flexible rubber seals or similar material on each side f the spreader box. The box shall be in contact with the pavement to positively prevent t of micro -surfacing from the ends of the box and shall be equipped with devices to adj Itckness or grade of the surface. All spreader boxes shall have baffles, reversible motor tigers, or other suitable means, to insure uniform application on super -elevated sec 3'nd shoulder slopes. Spreader box skids shall be maintained in such a manner as t vent transverse chatter (wash boarding), tearing or shoving in the finished mat or the cent to the box. Rear flexible strike -off blades shall make close contact with the pa e shall be designed and operated to achieve a uniform consistency that provides a free flo of material to the rear strike -off without causing skips, lumps, or tears in the finish0urface. A secondary rubber strike -off shall be provided to improve surf, e texture. The se ondary strike -off shall have the same leveling adjustments as the spreader bo �► b. Wheel Path Depression (Rut) Box. They heQ. path d Sion ox shall be designed as a double chambered box with adjustable scre dreg ,��, th an II be either 1.52 m (5 feet) or 1.81 m (6 feet) in width. Hydrau ' ers &etLS („ ee angle shall move the mixed material from the rear to the lit of thng c am` The augers shall push the larger aggregate into the center, r secti the el path depression and send the fine material toward the edg e pass Ps a nd for feathering down the longitudinal joint along the wheel `� G� V" 7. MATERIAL STOCKPILING AND STORAGE: GJ 7.1. Aggregate Storage - If theNer-a)aggrE are stored or stockpiled, they shall be handled in such a manner as to prevent e a'tion Nn the various material and contamination with foreign p g � � g materials. The gradi g gregates proposed for use and as supplied to the mixing plant shall be uniform. Suitable equirVent of acceptable size shall be furnished by the CONTRACTOR to work the stockpiles and Neqt segregation and excessive breakdown of mineral aggregates. The aggregate shall be free V size material. a. TVX16NTRACTOR'S material and equipment may be stored at designated area within a p&finent's maintenance facility, as directed by the City. Equipment and materials shall not be sed on the public road right-of-way. • ehe ► haltic Material Storage - The asphaltic material storage shall be ample to meet the requirements of plant. All equipment used in the storage and handling of asphaltic material shall be kept in a clean condition at all times and shall be operated in such a manner that there will be no contamination with foreign matter. The storage stability test may be waived provided the asphalt emulsion storage tank at the project site has adequate provisions for circulating the entire contents of the tank and provided satisfactory field results are obtained. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 30 of 45 8. CONSTRUCTION METHODS: 8.1. Weather Limitations F-OVA a. No mixture shall be placed when: i. The pavement temperature is 100C (50°F) or below ii. When the ambient air temperature is 100C (50°F) or below iii. When there is a forecast of temperatures (as per the National Weather Service) beNW 320F within twenty-four (24) hours after mix placement (�.��+ iv. When it is raining `GJ v. As directed by the City Test Strip - Prior to the application of the micro -surfacing mixture, the CONT shall place a test strip, at a location established by the City, to demonstrate the compati i t e modified emulsion and the mineral aggregate under field conditions. This test strip shall also b sed to demonstrate mix uniformity and compliance of the mix to the requirements of pro Jning of the asphalt, mineral aggregate, mineral filler, polymer modifier, set -co trol agent and at ,jr. The The test strip shall be at least 500 feet in length (unless otherwise agreed), an wid one lane and shall consist of the application courses specified in the contract. Thy to strip e conducted at the same time of day or night the full production will be applied, �,\ pre he Ci at least twenty-four (24) hours prior to the CONTRACTOR'S intended st t►date. ty wi'te the test strip after it is fully cured to determine that the mix d �nd eria s are able. A new test strip shall be performed when the test strip is d unacb'fe, a c ng in the mix design become necessary or as directed by the City. The �hm �est st, �6 be considered incidental, however the approved test strip will be actual square yards of mic to completely remove the place, remove or properly and approved by the City ii 8.3. Surface Preparation - Hance with the contract provisions for the e test strip shall require the CONTRACTOR n for the labor, equipment or material to Method or equipment substitutions used I be used in field production. Z all surface preparation prior to application of the micro - surfacing. Additional p"reVatory items�as specified below, or as directed, shall be the Contractor's responsibility an e subsidiary to the micro -surfacing pay item. a. Immedi rior to placement of the micro -surfacing mixture, the CONTRACTOR shall sweep th ayu'ment thoroughly using a self-propelled rotary -type broom to remove all loose materials, ud and other objectionable material that may prevent adhesion of the micro -surfacing to 6a�nVddirt txisting pavement surface and then pre -wet as required. Removal of any existing vegetation from asphalt/curb interfaces shall be accomplished using approved methods. �. Bid items for crack sealing are included in this project. City forces have sealed most cracks; however, an cracks not sealed or require additional sealant are the responsibility of the Y q p Y Contractor as part of surface preparation. c. Potable Water shall be used in pre -wetting the surface ahead of the spreader box and shall be applied at such a rate that the entire surface shall be damp and free of ponding or free -flowing water. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 31 of 45 d. Utility covers, manholes, grated inlets, curb inlets, and traffic device covers located in the roadway to be paved shall be protected from coverage by the micro -surfacing and referenced for prompt location and cleaning following application. The CONTRACTOR shall be responsible for covering, locating, removing and cleaning of these items following the micro -surfacing application operation. The methods used to protect, reference, locate and clean shall be submitted by the CONTRACTOR and shall be subject to approval by the City. All such materials shall be removed and properly disposed of by the CONTRACTOR after the surfacing material has cured. The above items shall be cleaned to their pre -surfacing condition or as directed by the City. 6— e. Roadway striping and traffic markings shall be protected by approved methods. Any di to roadway striping or markings shall be repaired by placing new striping and/or markings same material as the damaged material. If designated on the plans to replace striping an ings, such striping and markings shall be installed by a qualified installer and shall mee ifications as designated on the plans. 8.4. Spreading of Mixture - The micro -surfacing shall be homogeneous durin c I owing mixing and spreading. It shall be free of excess water or emulsion and free of segregaof the emulsion and aggregate fines from the coarser aggregate. A sufficient amount of m,lZals shall be carried to all parts of the spreader at all times so that complete overage is obta . Overloading the spreader box shall be avoided. No lumping, balling, or unmixed aggre ate s ►permitted. a. The mixture shall be uniform and ho,Zgerwo+us aft read' g on the surfacing and shall not show separation of the emulsion a��Ff Sr'egat aft re eaks, such as those caused by oversized aggregate, shall be avo' e cess aki ps, the job will be stopped by in d the City until the CONTRACT em�te t at�occurrence has been eliminated. Excessive streaking is defi more i four rag marks greater than one-half inch (12.mm) and/or 4 inche m) I r 1-inc m) to 3 inches (76mm) long in any 27.3 yd.2 (25 m2) area. N tpQ erse r' s or to i al streaks in excess of one -quarter inch (6 mm) will be permitte whe d by a 10 foot (3 meter) straight edge over the surface. b. Inaccessible Areas - s rfacing t bSpread in areas inaccessible to the spreader box shall be surfaced using p ed h egees to provide complete and uniform coverage. If necessary, the o han w d shall be lightly dampened with potable water prior to mix placement. Car I be exercl to leave no unsightly appearance from hand work. The same type of fipii as pplied by the spreader box shall be required. Micro -surfacing shall not be applieclKNLIAl expansion plates or bridge decks, unless directed by the City. c. Ex ss�terial - All excess material that overruns in gutters, on curbs, inlet tops, or on sidewalks al removed immediately or squeegeed back onto the surface. All excess material removed fir any non -paved area and from the ends of each job site shall be removed immediately. Discolored curbs, inlets and sidewalks shall be immediately cleaned and flushed before the material sets. 8.5. Paving Courses - Micro -surfacing material shall be applied in one (1) lift of 18-22 pounds per square yard of the dry mass of the mineral aggregate. Additionally, due to irregularities in road profile, a single lift application of micro -surfacing in excess of 22 pounds per square yard may be required. The CONTRACTOR shall apply an amount in excess of 22 pounds per square yard only after having received prior approval from the City. Compensation to the CONTRACTOR for amounts in excess of 22 pounds City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 32 of 45 per square yard shall not be made without prior approval. Any application in excess of 30 pounds per square yard shall be applied in two lifts ("scratch" course followed by normal application). Adequate means shall be provided by the CONTRACTOR to protect the micro -surfacing from damage by traffic until such time that the mixture has cured sufficiently so that the micro - surfacing mixture will not adhere to and be picked up by the tires of vehicles. 8.6. Seams and Joints a. No excess buildup, uncovered areas, or unsightly appearance shall be or transverse joints. The CONTRACTOR shall provide suitable spreading equipment minimum number of longitudinal joints throughout the project. Half passes a passes will be used only in minimum amounts. If half passes are used, they ! a44 pass of any paved area. Any damage to, or irregularities in, micro-surfacin the CONTRACTOR an at the CONTRACTOR'S expense, as directed by the Cj$ made with a paver box, except those designated as hand work area.# tN b. Whenever possible the longitudinal joints shall be placed on tYeeal a dd width e the last �e repaired by pairs are to be underlaying joints by 6 inches (150 mm). The City may permiVi CONTRACTOR to use other patterns of longitudinal joints, if such patterns will not adver y ect the quality of the finished product. c. Longitudinal joints common to two drive anes, sha t verlap more than three inches (76.2 mm). If the City determines that thi eed o1`at the m is rough enough to cause a noticeable effect on steering of omobil , t se e removed, and new micro- surfacing patch shall be applied e CO CTOR at n itional cost to the City. Z 8.7. Work Experience and Workman �•/ a. The CONTRACTOR sh Sze u .('� have st two 2 ears of work experience in the q z ()Y p application of these rL�cise t Is, of placement, and scope of work as described pp p p p herein. b. Edge lines and joints II unif&rZand parallel, radial or perpendicular with the centerline of the roadway. Line a hro ections and tapers shall be kept straight and uniform in appearance. 8.8. Surface Preparaot � a. HRuk�lr rack Filler. Crack fill material shall meet all requirements of ASTM D6690, Type II, "J t Ad Crack Sealants, Hot -Applied, for Concrete and Asphalt Pavements." Width of cracks to d shall generally be in excess of %", or at the discretion of the City. Crack fill material shall bpplied at the proper temperature and using the proper equipment designed for the material . � to be used. Prior to material injection, cracks in excess of %" shall be dry and free of loose debris. ����/// Cracks shall be uniformly filled from the bottom. Excess material shall be removed from the pavement prior to micro -surfacing. Hot rubber crack fill shall be paid for in accordance with the items contained in this contract. METHOD OF MEASUREMENT: Method of materials shall be specified in this section. Quantities shown on the Plans and in the Bid documents are estimated quantities. Actual quantities as measured will be the basis of payment. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 33 of 45 9.1. Micro -surfacing 18-22 pounds per square yard: All materials, including the dry mass of the mineral aggregate, are required to be measured and recorded for quality control purposes. Measurements for the payment of micro -surfacing, complete and acceptably in place, will be made to the nearest square yard. Linear measurements to determine the square yardage of surface area shall be made to the nearest one (1) foot. 9.2. Single lift of micro -surfacing applied in excess of 22 pounds per square yard: If included as a pay item, wheel path depression lifts, and mineral aggregate applied in excess of 22 pounds per square yard, will be measured by the pound of the dry mass of the mineral aggregate recorded from the calibre belt conveyor counter.A _ 9.3. Measurement of hot rubber crack fill material applied shall be made to the nearest r foot. 9.4. Full depth ACHM pavement removal and replacement: Pavement removal a acement shall be measured to the nearest square yard. Linear measurements to the Clete esquare yardage of surface area shall be made to the nearest one (1) foot. 10. BASIS OF PAYMENT: Prices shall include full compensation for furnis I labor, materials, tools and equipment for: quality control sampling, testing and sign; o aration of the road surface; for supplying, installing and removing temporary signs; f r nsport' l�fxing, applying, blotting (furnishing, placing and removal of material), general clean- "(dishing ructi and maintaining traffic control and safety devices as directed by the City, sh n th r inclu in the construction contract, addendums or specifications; and other inci nec sar o co and warrant the job as specified herein. 110 V 10.1. Micro -surfacing applied 18-22 o s pe u re yard accepted quantity of micro -surfacing as provided above in the Met ea s nt, sha b paid for at the contract unit price per square yard. Payment will be made ibr act r ar —easured. Y Y Y 10.2. Single lift of micro -surfacing a d in exce \,0*i2 pounds per square yard: In areas where material is applied in excess of 22 po r squad, the excess will be paid for by the pound of material as measured per 9.2 abo ent�i�iTl k�made for actual weight of additional material. 10.3. Hot rubber crac fill: Th accepted quantity of hot rubber crack fill as provided above in the Method of Measureme c Mshall be paid for at the contract unit price per linear foot. 10.4. Full den AtCHM pavement removal and replacement: Pavement removal and replacement shall incl V Jequipment and work for saw cutting the existing pavement, excavation of existing p&vrrand up to one foot of underlying material, disposal of all excavated material, compaction of g subgrade, placement and compaction of up to one foot of Class 7 Base, and 3 inches of ACHM vement. Payment will be made for actual square yardage measured. 11. CONTRACTOR QUALIFICATION REQUIREMENTS: 11.1. Bidders shall be qualified and experienced to provide the work presented in this bid. Upon request by the City after bid opening, qualification requirements are due within 24 hours of request. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 34 of 45 Qualifications will be determined based on information provided as follows. All information is required for contract approval. 11.2. The bidder shall submit a letter of verification addressed to the CITY stating the project(s), and agency contact(s) that satisfies the minimum work experience requirements described in paragraph 8.7.1 herein. GP' Epyd(SecSifTi —Spe i ions City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 35 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Bid Form Contract Name: Construction — 2023 Asphalt Surface Treatment Bid Number: 23-40 Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: V Section 1—Intent: �G The undersigned Bidder proposes and agrees, if this Bid is ac pted, to t�i✓ into an agreement with the City of Fayetteville in the form included in the Contract Docum R erform a rnis all Work as specified or indicated in the Contract Documents for the Bid price and within th ime iin thisi nd in accordance with the other terms and conditions of the Contract Documents. V Section 2—Terms & Conditions: �► Bidder accepts all of the terms and c ii o th tion to nd Instructions to Bidders, including without limitation those dealing with the dispos, n of Bid This remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and he e umber of counterparts of the Agreement with the Bonds and other documents required by be Bi ding Req ents within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Re resentati n O G In submitting this Bid, Bidd�$,a res ts, as more fully set forth in the Agreement, that: 1. Bidder has examnd carefully studied the Bid Documents, and the following Addenda, receipt of all which is In by�6 knowledged: I✓ Number Date • 6 IV City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 36 of 45 2. Bidder 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. 3. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 4. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to 5 M. 7 0 the Site and all drawings of physical conditions in or relating to existing surface or subsurface structur at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, 4_ %:ite. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be Mete for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility foL curacy or completeness of information and data shown or indicated in the Bid Documents with respVLXd%Underground Facilities at or contiguous to the Site. "W* Bidder has obtained and carefully studied (or assumes responsibility for havin �on�so all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or other"' hich may affect cost, progress, performance, or furnishing of the Work or which rela to any aspect A tt e means, methods, techniques, sequences, and procedures of construction to be emp by Bird safety precautions and programs incident thereto. Bidder does not consider that any additional necessary for the determination of times, price, and other terms and co Bidder is aware of the general 0 for which this Bid is submitted a Bidder has correlated the informatj'�_kndwr Site, reports, and drawings ide i edi the explorations, tests, studiE witfyChE S�tions, i es gatio rations, tests, studies, or data are ierfo�and furn n of the Work in accordance with the e CgtS�i� Docu ts. ►ir'� A and others at the Site that relates to Work ents. ✓ J�� Tnformation and observations obtained from visits to the Lct Documents, and all additional examinations, investigations, 9. Bidder has given Engineer Vritten notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the C nn A Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 10. The Contr D ments are generally sufficient to indicate and convey understanding of all terms and conditions for per in in nd furnishing the Work for which this Bid is submitted. 11. ;hi is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation ,Qjx9not submitted in conformity with any agreement or rules of any group, association, organization, or poration; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 37 of 45 12. 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 (if applicable). 13. No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. 14. The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. 15. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorize c tify the information provided herein is accurate and true. 16. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discriminat' i uirements and conditions of employment in addition to all federal, state, and local laws. V 17. As a bidder on this project, you are required to provide debarment/suspension ce fication indicating that you are in compliance with the below Federal Executive Order. Certification can VJone by completing and signing this form. (��J a. Federal Executive Order E.O. 12549 "DebarmAt--r aAd Sus si " requires that all contractors receiving ( ) _ p q g individual awards, using federal funds, anecir1 srtify th the organization and its principals are not debarred, suspended, propose barme lare , or voluntarily excluded by any Federal department or agency from b sine th the Fed vernment. J' b. Your signature below certifi neit nor y incipal is presently debarred, suspended, proposed for debarment, ineligi e, Tvolun a cluded from participation in this transaction by any federal department or ency. Section 4 — Price: Reference online bidding portal for Li Se ��riicings�, favetteville-ar.gov/bids. Section 5 — Listing of Subcontrac r I, the signed General Contr r,�ertify that proposals from the following subcontractors were used in the preparation of my proposal. I agree thc the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contLcts MRothers for these divisions of the Work without written approval from the City. Section 6 — COntratt.Times: 1. QiclfeT�Wgrees that the Work will be substantially completed and ready for final payment within the number of ar days indicated in the Agreement. 2. Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 38 of 45 Section 7 —Communications: Communications concerning this Bid shall be addressed to the Bidder as follows: 1=07=1. . FAX No. Section 8—SIGNATURE: This bid is being submitted in good faith, according to the entire bid package presented V SUBMITTED on this Date of 20 AR State Contractor License No. Tax 1 Unique Entity Number: ♦ GE #: OPTION 1: An Individual IN Name (type or printed): By: Doing business as: Business address: Phone No.: OPTION 2: A Partnership O Partnership Na By: _ C�b (Individ (j� — (SEAL) I JFAX No.: (SEAL) V (Signature of general partner — attach evidence of authority to sign) ,✓ type or printed): Business address: Phone No.: City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 39 of 45 FAX No.: OPTION 3: A Corporation or LLC Corporation Name: (SEAL) Date of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature —attach evidence of authority to sign) Name (type or printed): V Title: (CORPORATE SEAL) Business address: v Phone No.: - No.: --;RF*- V 0-4 61 P � V O G O�+ End of Section - Bid Form V • a, City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 40 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Contractor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME [�'' V NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME P PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRA CES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP ♦ITY, STATE CONTACT PERSON &TAe PER V TELEPHONE TELEP DATE COMPLETED COMPLETED P E-MAILADDRESS ♦�� E-MAILADDRESS O G3. i 4. COMPANY NAME O COMPANY NAME CITY, STATE, ZIP l� CITY, STATE, ZIP CONTACT PEEN CONTACT PERSON TELEP TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 41 of 45 Draft Contract _CITY OF Construction — 2023 Asphalt Surface Treatment FAY E T T E V I L L E Contractor: CONTRACTOR NAME r4W A R KA N SAS Term: Single Project This contract executed this day of 2023, between the City of Fayetteville, Arkansas (City) and VENDOR FORMAL LEGAL NAME AS BID (Vendor) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Vendor at its own cost and expense shall furnish all labor, materials, supplies, machinery, equip tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to co tems bid per Bid 23-40, 2023 Asphalt Surface Treatment as stated in Vendor bid response, and rdance with specifications attached hereto and made a part hereof under Bid 23-40, all included herein elled out word for word. a. This turn -key project providing labor and materials shall be provided to it(or a not to exceed fee of ### ###.## US Dollars. 3 E 5 The City of Fayetteville shall pay Vendor for co completed. At no point shall payment exceed t City. t Payments will be made after approval a be made approximately 30 days aft request receipts for materials puns other sources. The City of Fay 4 The City shall withhold letion of the ojbased on a percentage of work PeKenta rk completed, as determined by the epta'r0Qrk'T%d u ission of invoice Payments will oval of,inv Fayetteville reserves the right to d for th�L�ity r.�f aye , le from suppliers, subcontractors, or s ni�ee tooa, - terest or penalty for "untimely" payments. r Wage fopayments until project is completed in full. The Contract documents which'icomprise the./�orrtr ctd Contract and the following docume attached her Bid package ide conditions typed m9en the City of Fayetteville and Vendor consist of this d made a part hereof: V Asphalt Surface Treatment with the specifications and ding documents, plans and drawings and issued addenda. rospective Bidders and the Bid Tabulation. (documents constitute the entire agreement between the City of Fayetteville and Vendor and may ly by a duly executed written instrument signed by the City of Fayetteville and Vendor. all not assign its duties under the terms of this agreement. Vendor agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Vendor 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. Vendor 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 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 42 of 45 7 0 0 10. 11. 12. 13. work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Vendor 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. Vendor shall furnish proof of licensure as required by all local and state agencies. V Freedom of Information Act: City of Fayetteville contracts and documents prepared I erforming city contractual work are subject to the Arkansas Freedom of Information Act. If a Fre Information Act request is presented to the City of Fayetteville, the contractor will do every i;sible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freed f 11�formation Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOI may be assessed for this compliance. V Changes in scope or price: Changes, modifications, or arTi cknenUs e, price or fees to this contract shall not be allowed without a prior formal contract am dr tine app y the Mayor and the Fayetteville City Council in advance of the change in scope, cost Jurisdiction: Legal jurisdiction to resolve an t II bQ W ounty, Arkansas with Arkansas law applying to the case. The City will not agre force edia or rate any dispute. Interest charges for late Pavments �it J: V.' of Fay does NOT agree to any interest or penalty for "untimely" payments. The ay all iwithin endar days of accepted invoice. Security: No later than 10 calendar days ract a one hundred percent (100%) performance and a one hundred percent (100%) paymentAnd all pr to the City after being file marked at the Washington County Circuit Clerk's Office. V—Qn or� �al I rrakty work performed under this contract for a period of one (1) a. Vendor haeed and carefully studied all contract documents. b. Ve or s visited the Site and become familiar with and is satisfied as to the general, local, and Site i ns that may affect cost, progress, performance, and furnishing of the Work. V dor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may �` affect cost, progress, performance, and furnishing of the Work. d. Vendor 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 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 43 of 45 the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. e. Vendor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. f. Vendor does not consider that any additional examinations, investigations, explorations, tes Gies, or data are necessary for the performing and furnishing of the Work at the Contract P ' ithin the Contract Times, and in accordance with the other terms and conditions of the ocuments. g. Vendor is aware of the general nature of work to be performed by The City of F ille and others at the Site that relates to the Work as indicated in the Contract Documents.. h. Vendor has correlated the information known to Vendor, information and `bservations obtained from visits to the Site, reports and drawings identified in the Controcuments, and all additional examinations, investigations, explorations, tests, elicts, and data it!?Ze Contract Documents. i. Vendor has given Engineer written notice of a coe Thbiguities, or discrepancies that Vendor has discovered in the Contract Documen6_1� TITe itt n u 'o hereof by Engineer is acceptable to Vendor. 6 j. The Contract Documents are gen �►suir1kc e a nvey understanding of all terms and conditions for performance an h' of ork.�� k. Vendor is responsible f in-alli able per owever, fees for the City issued permits shall be waived. (�V I. Any use of a third -party st r o IItainer shall be procured from the City of Fayetteville Recycling and Trash Coli . i . _ ._lJie of "a Non -City dumpster or roll off container is not allowed. 14. Liens: No liens against t ' 1�on�tPGctio pr 'Nt are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of a y vvchanics' aterialmen's liens in relation to this public construction project. Arkansas law requires, an he contractor promises to provide and file with the Circuit Clerk of Washington County a bond in u *qual to the amount of this contract. Any subcontractor or materials supplier may bring an action for ment or labor or material on the bond. The contractor promises to notify every subcontra r �R materials supplier for this project of this paragraph and obtain their written acknowledgement of such i e rior to commencement of the work of the subcontractor or materials supplier. 15. Co ct me: • �. All time limits or milestones, if any, Substantial Completion, and completion and readiness for final payment ment as stated in the Contract Documents are of the essence of the Contract. b. The Work shall be Substantially Completed within 60 calendar days after Notice to Proceed and final completion and ready for final payment in within 90 calendar days after Notice to Proceed. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 44 of 45 16. Liquidated Damages: The City and Vendor recognize time is of the essence of this agreement and The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Vendor agree that as liquidated damages for delay (but not as a penalty) Vendor shall pay The City of Fayetteville One Hundred Dollars ($750.00) for each calendar day that expires after the time specified for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Vendor shall neglect, refuse, or fail to complete the remaining Work within the time specified above for completion. 17. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified s �.�i'rority and women business enterprises to bid on and receive contracts for goods, services, and constr Also, City of Fayetteville encourages all general contractors to subcontract portions of their contra a ified small, minority and women business enterprises. A WITNESS OUR HANDS THIS DAY OF 2023.1 CITY OF FAYETTEVILLE, ARKANSAS VENDOR FULL LEGAL E By: Lioneld Jordan, Mayor •` t v V (� ATTEST: By: v Kara Paxton, City Clerk Date Signed: Date Signed: G� O� D� . a. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 45 of 45 Bid 23-40, Addendum 1 CITY OF _ FAYETTEVILLE Date: Tuesday, October 31, 2023 V4W A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-40, Construction — 2023 Asphalt Surface Treatment A This addendum is hereby made apart of the contract documents to the same extent as though i originally included included therein. Interested parties should indicate their receipt of same in the approprla k of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCATION ON T FORM. K.J 1. A non -mandatory Pre -Bid meeting was held in Room #111 of Fayetteville Cito Wednesday, October 25, 2023 at 10:00 AM. The sign -in sheet of attendees is also attached to addendum for disclosure to all interested parties (see Attachment A). a. Attendees: Q , P`4 i. City of Fayetteville: 1. Amanda Beilfuss, Sr. Pu Agent 2. Kenny Fitch, Purchasin 3. Les McGaugh, Purch irec r ✓ `���/// 4. Chase Webb, Sta Weer 5. Matt Casey, E l rin D `anag ii. Vendors: n. 1. Vance 2. Specifications: The Specification ( es 24-3 of the Project Manual) have been revised and updated to meet latest A-143 guidelines o-sw (see Attachment B). The previous Specifications shall be disregarded. 3. Addendum AttackNttt a. Attach m A: Pre -Bid Sign -In Sheet b e Vdent B: Revised Specifications 4 * P City of Fayetteville, AR Bid 23-40, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville, Arkansas CITY OF Attendance Sheet FAYETTEVILLE ARKANSAS BID/RFP/RFQ#: S%A a3-40 Description: Cott — &�lr Function (circle one) : Bid Opening, Selection Committee Meetin Pre-Bi , Inte Date: 10 / 1:P 5 / jna5 Time: : Q city staff e-mail includes "@fayetteville-ar.gov" Name Company Title 4one Email 1 N G SL knit U e--0 P .AA1 l- qq - 3k M U45 p, d P �a, V'416 -o f.. 00-V 2 Krwr,)`( FtT(-ti C©e PUgLtf c 3 n., ill Cc S Z7 -"Z 4 1/ 1 M 9 N r/-a w sue' ' q ij n PAWS Al o't' y9 AlA9�L✓�'�f;� 5 I" �1 C 1 sS>= `r �rC V� i�i�S 75 /YI C rsfOCl � — I n a� 5 �S • b75-S2ao 8 9 10 11 12 13 14 15 16 17 18 19 ♦� 20 * All Bid Openings are also streamed live on the City of Fayetteville's YouTube Channel. City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Specifications 1. DESCRIPTION: 1.1. This work shall consist of the application of micro -surfacing material to asphaltic pavement surfaces and related surface preparation. The micro -surfacing shall consist of a mixture of cationic latex modified asphaltic emulsion, mineral aggregate, Portland cement, set -control additives and wa The micro -surfacing material shall be properly transported, proportioned, mixed and evenly spre he asphaltic pavement surface in strict accordance with the plans, these specifications and as ted by the CITY. 1.2. The cured micro -surfacing shall have a uniform and homogeneous appearanc tantially fill all cracks, and adhere firmly to the existing surface. The mix shall be capable of spread in varying thickness cross -sections (wedges, wheel path depressions, scratch cour a' surfaces) which, after curing and initial traffic consolidation, resist compaction throughout the en ' e design tolerance range of bitumen content and varying thickness to be encountered. The en duct shall maintain a friction resistant surface (high wet friction co -efficient) throughout the sen e of the micro -surfacing. ly,** 1.3. • ° Micro -surfacing shall be placed without the occurrence of b g, ra ng, epara�q�ry other distress. v/ 1.4. Work shall be performed in a nce � curr ition of "Recommended Performance Guidelines for Polymer-Mo ' i i o-S 911 Al ised) published by the International Slurry Surfacing Association (ISSA), D a Sta ractice for Design, Testing and Construction of Micro -Surfacing, with the odifi specify rein. 2. APPLICATION RATE: ro 2.1. Single lift application m -sur ci aterial shall be applied in one (1) lift of 18-22 pounds per square yard of the dr so the al aggregate. 2.2. sqi -re 2.3.• square yard— that S Ret appreved er that the Gity deeS Ret have the E)PPE)OHRity tE) verify qHaRtitieS E) City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 24 of 46 3. PRE -CONSTRUCTION MEETING: 3.1. The CONTRACTOR shall present samples of materials, laboratory reports, calibration reports, as required by these specifications to the City at the pre -construction meeting. 4. MATERIALS: 4.1. Latex/Polymer Modified Asphalt Emulsion: The asphalt shall be a latex/polymer modified grade CSS- 1hP (cationic) emulsified asphalt. The grade CSS-1hP shall be modified with an a oved latex/polymer. a. The approved latex/polymer shall be milled into the asphalt emulsion prior to the Afication process. The asphaltic emulsion manufacturer shall certify that the emulsio ins 3.0% to 5.0% latex/polymer solids based on the mass of asphalt (asphalt residual) wi ' e emulsion. b. The residual asphalt content shall be 6.0% to 10.0% as measured b th �t mass of the dr p Y � (mass) Y aggregate or as approved by the City. des+gi� c. The latex/polymer modified CSS-1hP shall c withelrequirements when sampled in accordance with ASSHTO T-40 and shall comp with tng requirements when tested in accordance with the specified test m` TESTS ON EMULSION TES D IREMENTS Viscosity, Sa bolt Furol at 770E AASH T 5 - 00 seconds Storage Stability Test 24 hours ATOT 59 .0% maximum Particle Charge Test 6HTO T Positive* Sieve Test SHT 0.1 % maximum Distillation: Residual bAL a on AAS 59 62% maximum Oil Distillate, by volum of emulsion,. AA3HTj@ T 59 0.5% maximum *If the particle charge test is in cl acceptable e, mate Laving a maximum pH of 6.7 will be ✓ ♦'1_ 74 X4. TESTS ON EMULSIO^E UE TEST METHOD REQUIREMENTS Penetration, 770F, , 5 secqLRx. AASHTO T 49 40-90 Ductility, 77°F m/min cm AASHTO T 51 70 minimum Solubility in Tri lo■r p ylene (performed only adWe uired AASHTO T 44 97% minimum Softenin t & B AASHTO T 23 135°F minimum Viscos OOF (600C), 300 mmHg vacuu AASHTO T 202 8,000 Poises (800 Pas) min. i d. e ndard distillation procedure shall be performed according to AASHTO T-59 except as ified as follows: The temperature for this test shall be held at 347 ±9°F (1750F ± 50C). `The distillation residue of the modified emulsion shall contain 3.0% to 5.0% polymer solids by mass of asphalt, as determined by an analytical method approved by the City. f. The pelymeF medified emi=ilsified asphalt shall be se feFmulated that WheR the paving Fni)(WFe least 752F 0 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 25 of 46 4.2. Mineral Aggregate a. The mineral aggregate used shall be of the type and grade specified for the particular use of the Micro -Surfacing. The aggregate shall be manufactured crushed aggregate meeting hardness and abrasion resistance requirements provided in the specifications. To assure the material is totally crushed, 100% of the parent aggregate will be larger than the largest stone in the gradation to be used. The aggregate shall be free of cemented or conglomerated lumps and shall not have any coatings or injurious material. Aggregate shall be free of oversize contamination to loading into truck. b. ° PeFtieR 1, with the -reFn a i }der Pe rt i eR 2 asReted i Tth e—Table ip Seetie-A, 4.2 c. Aggregate used for this project shall conform to the following require when tested in accordance with the specified test methods: t v TEST METHOD REQd1RWNT Sand Equivalent ASTM D 2419 651pinimum Abrasion Resistance after 500 ASTM C 131 aximum (net revolutions* r ortion) , Portion 1 ( q a /$ D, n- ♦ 25-30% Moisture Content of Aggregate AST 6 sted Sieve Analysis individual and combiw AS 1 6 ted Material Passing No. 200 Sieve T 117 tested Soundness of Aggregates by us 6�!Vl C Of 15% maximum Sodium Sulfate, 5 cycles JON XN Combined Aggregate Bulk c ASTM As tested Gravity *On parent a re ate N o rush' I d. A stockpile of aggregate gsieve —epe g. 1. ON e. W I1 ica this project. The -aggregated^ S"A" Ret exeeed 1gregate-Aada ion, asphalt Gee+ct^-Rt, and—et cFFelevaapt mix design I for(par4Ng lots and ISSA Type III for streets. 4.3. Mineral Fille*rand a. The Pimestone Cement mineral filler may be any recognized brand of non -air entrained Oe cement that is free from lumps or foreign matter. The amount of mineral filler shall be determined by the laboratory mix design and will be considered as part of the gradation requirement. The mineral filler shall be between 0.5% and 3.0% by the weight 6-decreased aggregate. The laboratory mix design percentage of mineral filler can be increased or I♦` up to one percent (±1%) when directed by the City as the micro -surfacing is being placed if it is found to be necessary for better consistency or set times. CEIIIIIIIIIIEW.iTi - i a. The water shall be potable, free of harmful soluble salts, and shall be added in an amount to provide proper consistency. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 26 of 46 4.5. Break -Control Age /Additive a. To improve workability a set -control agent that is approved by the City, and will not adversely affect the micro -surfacing, may be used. Set GE)RtFE)l Rt must be OR6161dedaS aFt !,f th- Shall Ret V@FY E47% ef the additive eptimum FeeemmeRded OR the highest tempeFatulce Mix test the x ele 4.6. Polymer Modifier a. An approved polymer -based modifier shall be milled into the asphalt emulsion. �i 4.7. Composition of Micro -Surfacing Mixtures a. Mix Design; At least 14 calendar days before micro-surfacing�ement commences, the CONTRACTOR shall submit to the City for approval, a dated I ratory report of tests and a proposed mix design. The date of the mix design will reflect t at sts were performed no longer than 4,19 365 days prior to the start of paving constru i e recommended percentages of each individual material required shall be ho�n in th atory report. Adjustments of water and set -control agent by the City ma rr uire con0incggrlimits: tion based on field conditions. The City shall approve the design mi a all mi acingials and methods prior to use and shall designate the ro ortio t be u wi n th g p p ;X_ � Residual Asphalt enk 5.5% 5% by we ht (mass) of re Mineral Filler .0 ° /o by d ht (mass) of a Latex/Polymer-bald 0 Minimum Modifier f 3.0% s ased on bitumen weight content Additives As nee d Water As d to produce proper specified mix consistency Set Gentr~ to nnp hm, r L=systern p b. The mix #r*rb,shall be perf,,,-r,. ed by a iab pat Fy Gapable of pe4 r, Rg all f the n+ evaluate the compatibility of the aggregate, polymer -modified emulsified asphalt, water, mineral filler, and other additives. The mix design shall be completed using materials consistent with those supplied by the contractor for the project. Recommended tests and values are as follows: ASTM TEST ISSA SPECIFICATION TB NO. 8BMix Time @ 77°F (25°C) rOOsten .,, Too+TB 2 3 GIRFIControllable to 120 Seconds IRS 113 Minimum City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 27 of 46 D 391OWet Cohesion ;� h,,, r movim„m12 kg -cm Minimum @ 30 Minutes Minimum (Set) �.� Cure 139 20 kg -cm or Near Spin Minimum 60 Minutes Minimum Traffic I�S,A�€�TWet Stripping IIESCRIDTIlIAITB 114 REQ IIREMENT ° Minimum) Pass (90 /o TB 139Wet Track Abrasion Loss Wet rhos' „ 30 m „, to (set 12 kg GM minimum One -hour Soak #R* 20 kg r r „ � GM minimurn 50 g/ft2 (538 g/m2) Maximum Six -day Soak 60 minutes (traffi, TB 100 75 /ft2 807 /m2 Maximum l) Maximum 538 TB-109Lateral Displacement ��„o�� o�„h,I+TB g1m, 5% Maximum Specific Gravity after 1,000 Cycles 147 of 125 lb. (56.71 kg.) 2.10 Maximum -,-,,e, TB-114Excess Asphalt by LWT Wet-Str'ppipgTB Plass (90 m'„1m„m)50 g/ft2 Sand Adhesion 109 /m2 Maximum AOL TB 144WetTrac 11 Grade Points Minimu BAA) A s'eR 08 g/ml (I -If"'--- TB 100Classification Compatibility One-heur loss ° soak, '�ml "ft TB 113 Mix Time @ 25'G o TTR 147 stab�y Lateral E_ k,,,- RE r, o , t - %t q,- `No V rmfl under atory conditions as a component of the c. The Wet Track Abrasion e perfoNmix design process. rpos his test is determine the minimum asphalt content required in a micro-sur cing s e W Eck Abrasion Test is not recommended as a field quality control or acceptancet d. The mixing test is use r dict th I `of time the material can be mixed before it begins to break. It can be a d erenc �4�e�I 1 to verify consistent sources of material. The laboratory should verify t x nd se tim `are appropriate for the climatic conditions expected during the project. p 1 e. The labo t ghall also report the quantitative effects of moisture content on the unit weight of the a to (bulking effect) according to AASHTO T19 (ASTM C29). f. T eyrcentage of each individual material required shall be shown in the laboratory report. sn field conditions, adjustments within the specific ranges of the mix design may be r ired. Is The mix design report shall be reported on the testing laboratory's letterhead, signed by a manager of the laboratory that performed the tests and shall show the results of each of the required tests compared to the specification values. The CONTRACTOR name, date and time of collection and location of sample collection shall be noted on the report. Any test values out of specification shall be clearly noted. The report shall clearly state a recommendation of the proportions of the mineral aggregate, mineral filler, water (minimum and maximum), sum „., additive (i„im,,,.,-, and „.,-,.,imum) and asphalt solids content (minimum and maximum) based City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 28 of 46 on the dry weight of the mineral aggregate. The laboratory shall also report the quantitative effects of moisture content on the unit weight of the mineral aggregate (bulking effect). All the component materials used in the mix design shall be representative of the materi be used on the project. Once the proportions of materials to be used are approved by&1itution i no substitutions of other materials will be permitted, unless the materials proposed f are first tested and a laboratory report is submitted for design approval by t e i s specified above. Substituted materials shall not be used until the mix design for materials is approved by the City. 5. SAMPLING AND TESTING RESPONSIBILITIES: 5.1. If requested, the CONTRACTOR shall submit to the City sampI em all suppliers furnishing a minimum of the following materials with correspor�Materia PW Data Sheets (MSDS) sheets: 4 liters 1gallon) of the base asphalt 1 liter 2pints) of the polymer additive tear lab o the of mer type) 4 liters 45 kilograms 1gallon) of the asphaltic e 100pounds) of co micro- a ing re ate 23 kilograms 50pounds) of ea rent ral re 3 kilograms 6pounds) of mi&f4INIer lier el 5.3. Copies of all material load tickets, and certified test reports shall be given to the City. A certified analysis (test report) of emulsified asphalt shall accompany each shipment of emulsion to the CONTRACTOR, and the exact residual asphalt cement content of each tanker shall be plainly marked on the load tickets. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 29 of 46 5.4. The CONTRACTOR shall furnish to the City an aggregate moisture determination for the stockpile prior to placing the micro -surfacing. This shall be re -tested on delivery of new aggregate to the stockpile or if weather conditions have changed the aggregate moisture content appreciably. Aggregate moisture will be accounted for in determining the aggregate/bitumen ratio to be used during placement. 5.5. Copies of a daily control log kept in accordance with ISSA Technical Bulletin the City before start of the next day's production, or as otherwise directed contain tons of dry aggregate consumed that day, tons of asphalt emulsion square yardage covered that day. 6. EQUIPMENT: �I ��� - General a. All equipment, tools, and machinbs ed i � appIi 0 of maintained in satisfactoryworkin o ditio a&ll`Cf'mes. �► V 6.2. Mixer Spreader TFueksM ixi ng E nt 0- a► a. No. 107 shall be given to by the City. The I shall consumed that nd A� micro -surfacing shall be rf;;GiAg to "^ Nr^�'. Th ine specifically designed and manufactured to r-Vapply micro -surfacing. The m shal,`b4� d by an automatic -sequenced, self-propelled micro -surfacing mixing iNn. It sha I b continuous -flow mixing unit that accurately delivers and proportions the c pone rough a revolving multi -blade, double -shafted mixer. Sufficient storage c for ponents is required to maintain an adequate supply to the proportioniaols. 0 , a+siRg side b cold Yps and l imps When specifying continuous machinery to minimize transverse joints, the specified machine must be capable of loading materials while continuing to apply micro -surfacing. The continuous -run machine shall be equipped to provide the operator with full control of the forward and reverse speeds during application. It shall be equipped with opposite - side driver stations to assist in alignment. The self -loading device, opposite -side driver stations, City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 30 of 46 and forward and reverse speed controls shall be of original -equipment -manufacturer design. 6.3. a. FIR. G F A- -1; 1_1 F f@ G 4 R g f F e M t h P_ ie R d- S A- f t h P_ -h A- x @ A d shall be equipped with deviees te shall be equipped with stFips 4 flexible FubbeF Se-als A_F Sim 0 1@ P eR eaeh siple Af the b. ailgers shall push the r, — 9% 6.4. Proportioning Devices P a. Individual volume or we htI,?ntrols f proportioning mix components shall be provided and properly labeled. roportio ing"devices are used in material calibration to determine the material outpu a time. �� 1 ` 6.5. Spreading Equipmen Cj a. The mixtu(NeAl be agitated and spread uniformly in the surfacing box by means of twin -shafted paddle w al augers fixed in the spreader box. A front seal shall be provided to insure no loss of e xture at the road contact point. The rear seal shall act as a final strike -off and shall be s ble. The spreader box and rear strike -off shall be so designed and operated that a u rm consistency is achieved, and a free flow of material is provided to the rear strike -off. The spreader box shall have suitable means provided to side shift the box to compensate for ` variations in the pavement geometry. 6.6. Secondary Strike -Off a. A secondary strike -off shall be provided to improve surface texture. The secondary strike -off shall be adjustable to match the width of the spreader box and allow for varying pressures to control the surface texture. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 31 of 46 6.7. Rut -Filling Equipment a. When project plans require, Micro -surfacing material may be used to fill ruts, utility cuts, depressions in the existing surface, etc. Ruts of 0.5 in. (12.7 mm), or greater in depth, shall be filled independently with a rut -filling box, either 5 ft. (1.5 m) or 6 ft. (1.8 m) in width. Ruts that are in excess of 1.5 in. (38.1 mm) in depth may require multiple applications with the rut -filling box to restore the cross-section. When rutting or deformation is less than 0.5 in. (12.7 mm), a full width scratch course may be applied with the spreader box using a metal or stiff rubber strike -off. Apply at a sufficient rate to level the pavement surface. The leveling course Xy, or may not, meet the suggested application rate in the table in Section 11.2. All rut -filling el up material should cure under traffic for at least twenty-four (24) hours befor itional material is placed. 6.8. Auxiliary Equipment a. Suitable surface preparation equipment, traffic control equipm t# tools, and other support and safety equipment necessary to perform the wo aN be provided by the contractor. A 7. MATERIAL STOCKPILING AND STORAGE: CG P � 7.1. Aggregate Storage - If the mineral aggregates s ored o c piled, they shall be handled in such a manner as to prevent segregation, mixin e v �terial d contamination with foreign materials. The grading of aggregates p d for td a d to the mixing plant shall be uniform. Suitable equipment of acc e size I be furni by the CONTRACTOR to work the stockpiles and prevent segregati exces� reakdb o mineral aggregates. The aggregate shall be free of oversize materi �A a. The CONTRACTOR'S I a y ui men ,( be stored at designated area within a p g Y the City. Departme nt's maintenance f s ire Equipment and materials shall not be �Y q ui p stored on the public road righ f-way. b. All aggregate must cre ned i ly into the application equipment immediately prior to installation to min'z�e popversized material. 7.2. Asphaltic Material Stor);- The asp h is material storage shall be ample to meet the requirements of the plant. All em.�nt used in the storage and handling of asphaltic material shall be kept in a clean condition at I�Os and shall be operated in such a manner that there will be no contamination with foreign w. teFalge stability test may be waived ppe,41epl the asphalt emHlsieR steicaoe t@pk �ti�. V 8. CGA&ION METHODS: 8.1. Weather Limitations a. No mixture shall be placed when: i. The pavement temperature is 100C (50°F) or below ii. When the ambient air temperature is 10°C (50°F) or below City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 32 of 46 iii. When there is a forecast of temperatures (as per the National Weather Service) below 32°F within twenty-four (24) hours after mix placement iv. When it is raining v. As directed by the City 8.2. Test Strip - Prior to the application of the micro -surfacing mixture, the CONTRACTOR shall place a test strip, at a location established by the City, to demonstrate the compatibility of the modified e ulsion and the mineral aggregate under field conditions. This test strip shall also be used to demons ix uniformity and compliance of the mix to the requirements of proportioning of the asph eral aggregate, mineral filler, polymer modifier, set -control agent and water. The test strip s at least 500 feet in length (unless otherwise agreed), and the width of one lane and s sist of the application courses specified in the contract. The test strip shall be conducted at tJ e time of day or night the full production will be applied, in the presence of the City, at least y-four (24) hours prior to the CONTRACTOR'S intended start-up date. The City will evaluat h strip aft F it iS fU "„ c peplapproximately 1 hour after the placement of the test strip to Clete e hat the mix design and materials are acceptable. A new test strip shall be performed An t e test strip is deemed unacceptable, a change in the mix design become necessary directed by the City. The establishment of a test strip will be considered i ental, o�°the approved test strip will be measured and paid for in accordance with the c nt ct provi S�br the actual square yards of micro - surfacing placed. of the failed test strip Method or equill su titGU14L S u�ll�''�pproved by the City in the test strip, shall be used in field productior�� 8.3. Surface Preparation - The City s `rove s Tace pr ion prior to application of the micro - surfacing. Additional prepar ms a i ied b o r as directed, shall be the Contractor's responsibility and are subsidi to o�surfa item. p Y Y Y a. Immediately prior to pl me t of thei -surfacing mixture, the CONTRACTOR shall sweep the pavement thorou ng a self- ropelled rotary -type broom to remove all loose materials, dirt, mud and oth j ionab\Nen ial that may prevent adhesion of the micro -surfacing to the existing pa v t rfac apre-wet as required. Removal of any existing vegetation and dirt from a p/curb inte es shall be accomplished using approved methods. b. Bid itemsQNcSack sealing are included in this project. City forces have sealed most cracks; howev cracks not sealed or require additional sealant are the responsibility of the CoAr r as part of surface preparation. c. tWe Water shall be used in pre -wetting the surface ahead of the spreader box and shall be • aa ied at such a rate that the entire surface shall be damp and free of ponding or free -flowing ►water. `Utility covers, manholes, grated inlets, curb inlets, and traffic device covers located in the roadway to be paved shall be protected from coverage by the micro -surfacing and referenced for prompt location and cleaning following application. The CONTRACTOR shall be responsible for covering, locating, removing and cleaning of these items following the micro -surfacing application operation. The methods used to protect, reference, locate and clean shall be submitted by the CONTRACTOR and shall be subject to approval by the City. All such materials shall be removed and properly City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 33 of 46 disposed of by the CONTRACTOR after the surfacing material has cured. The above items shall be cleaned to their pre -surfacing condition or as directed by the City. e. Roadway striping and traffic markings shall be protected by approved methods. Any damage to roadway striping or markings shall be repaired by placing new striping and/or markings of the same material as the damaged material. If designated on the plans to replace striping and markings, such striping and markings shall be installed by a qualified installer and shall meet specifications as designated on the plans. Spreading of Mixture -The micro -surfacing shall be homogeneous during and following mixin a spreading. It shall be free of excess water or emulsion and free of segregation of the emuls d aggregate fines from the coarser aggregate. A sufficient amount of materials shall be c i o all parts of the spreader at all times so that complete coverage is obtained. Overloading reader box shall be avoided. No lumping, balling, or unmixed aggregate shall be permitted.nn� a. The mixture shall be uniform and homogeneous after spreading o Qacing and shall not show separation of the emulsion and aggregate after setting. Str a s1ch as those caused by oversized aggregate, shall be avoided. If excess streaking deve s, t e job will be stopped by the City until the CONTRACTOR can demonstrate that the rence has been eliminated. Excessive streaking is defined as: more th ur (4) dr Urks greater than one-half inch (12.mm) and/or 4 inches (100 mm) long, or 1 nch (25 3 inches (76mm) long in any 27.3 yd.2 (25 m2) area. No transverse ripplengitudi trea in excess of one -quarter inch (6 mm) will be permitted when meas Iafopt eter) straight edge over the surface. �Z�p X b. Inaccessible Areas -Micro-su f(�"to be in aslaccessible to the spreader box shall tis p be surfaced using approv nd sque s to vi e complete and uniform coverage. If necessary, the area t e a or *�Nll be li h�dampened with potable water prior to mix placement. Care shall rcis ave n �htly appearance from hand work. The Micro -surfacing shall not be applied over steel expan ' n p tes or ecks, unless directed by the City. c. Excess Material - All ss ateri overruns in gutters, on curbs, inlet tops, or on sidewalks shall be removed ' e ' telPsiewalks � eed back onto the surface. All excess material removed from any non- a �rea anm the ends of each job site shall be removed immediately. Discolored curbs, ' lets and shall be immediately cleaned and flushed before the material Paving ur - Micro -surfacing material shall be applied in one (1) lift of 18-22 pounds per square yard t e dry mass of the mineral aggregate. Addit+e^@" to egg es-i^Fead ^ efile a The TR CTOR shall apply an amount in excess of 22 pounds per square yard only after having received approval from the City. Compensation to the CONTRACTOR for amounts in excess of 22 pounds ker square yard shall not be made without prior approval. Any application in excess of 30 pounds per square yard shall be applied in two lifts ("scratch" course followed by normal application). a. Adequate means shall be provided by the CONTRACTOR to protect the micro -surfacing from damage by traffic until such time that the mixture has cured sufficiently so that the micro - surfacing mixture will not adhere to and be picked up by the tires of vehicles. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 34 of 46 8.6. Seams and Joints a. No excess buildup, uncovered areas, or unsightly appearance shall be permitted on longitudinal or transverse joints. The CONTRACTOR shall provide suitable spreading equipment to produce a minimum number of longitudinal joints throughout the project. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. Any damage to, or irregularities in, micro -surfacing shall be repaired by the CONTRACTOR an at the CONTRACTOR'S expense, as directed by the City. All repairs are to be made with a paver box, except those designated as hand work area. b. Whenever possible the longitudinal joints shall be placed on the lane lines, sta .n the underlaying joints by 6 inches (150 mm). The City may permit the CONTRACTO e other patterns of longitudinal joints, if such patterns will not adversely affect the qu Ii e finished product. c. Longitudinal joints common to two driving lanes, shall not overlap more hree inches (76.2 mm). If the City determines that this is exceeded or that the sea su enough to cause a noticeable effect on steering of an automobile, the seam shall be repaired, and new micro -surfacing patch shall be applied by the CONTRACTOR at n0ditional cost to the City. 8.7. Work Experience and Workmanship G P a. The CONTRACTOR shall be required to.�j e at lea (2) years of work experience in the application of these precise materia� hod f eMen d scope of work as described herein. b. Edge lines and joints shall be u andI, ra 'al , erpendicular with the centerline of Y g � p g the roadway. Lines at and t o —h in es and a rs shall be kept straight and uniform in appearance. 8.8. Surface Preparation P a. Hot Rubber Crack FillerAogjack ill mated all meet all requirements of ASTM D6690, Type II, "Joint and Crack Seal , -I t-Ap li for Concrete and Asphalt Pavements." Width of cracks to be filled shall gen in e", or at the discretion of the City. Crack fill material shall be applied at tr tem ra e and using the proper equipment designed for the material to be used. Prior tr,/s','aterial inje ion, cracks in excess of %" shall be dry and free of loose debris. Cracks shalNe*,uniformly filled from the bottom. Excess material shall be removed from the pavement prior to micro -surfacing. Hot rubber crack fill shall be paid for in accordance with the items �Pntained in this contract. METHOD W SUREMENT: Method of materials shall be specified in this section. Quantities shown on the PlaKaan in the Bid documents are estimated quantities. Actual quantities as measured will be the basis 9.17'Micro-surfacing 18-22 pounds per square yard: All materials, including the dry mass of the mineral aggregate, are required to be measured and recorded for quality control purposes. Measurements for the payment of micro -surfacing, complete and acceptably in place, will be made to the nearest square yard. Linear measurements to determine the square yardage of surface area shall be made to the nearest one (1) foot. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 35 of 46 10 9.2. Single lift of micro -surfacing applied in excess of 22 pounds per square yard: If included as a pay item, wheel path depression lifts, and mineral aggregate applied in excess of 22 pounds per square yard, will be measured by the pound of the dry mass of the mineral aggregate recorded from the calibrated belt conveyor counter. 9.3. Measurement of hot rubber crack fill material applied shall be made to the nearest (1) linear foot. rf@ee - Sh-,II hp p.q.-ide toyh.e Rea est eRe () feet e)\ � BASIS OF PAYMENT: Prices shall include full compensation for furnishing all labor, i tools and equipment for: quality control sampling, testing and mix design; for preparation of td surface; for supplying, installing and removing temporary signs; for transporting, mixing, applyi tting (furnishing, placing and removal of material), general clean-up; furnishing, constructing a raining traffic control and safety devices as directed by the City, shown on the plans or included in e construction contract, addendums or specifications; and other incidentals necessary to complete Z warrant the job as specified herein. CG 10.1. Micro -surfacing applied 18-22 pounds per squ re rd: Th cued quantity of micro -surfacing as provided above in the Method of Measure CV*all be or at 1h contract unit price per square yard. Payment will be made for actual squ dag ed. . 10.2. Single lift of micro -surfacing applied ' Less of ands err re yard: In areas where material is applied in excess of 22 pounds p s re a excess be paid for by the pound of material as measured per 9.2 above. Pay 11 be for actl�,, eight of additional material. ,e 10.3. Hot rubber crack fill: The accL► ted a(� f ho crack fill as provided above in the Method of p THY Measurement section shall be aid r at the ct unit price per linear foot. 10.4 11. CONTRACTOW&LI4LIFICATION REQUIREMENTS: J 11.1. B' der all be qualified and experienced to provide the work presented in this bid. Upon request by tWNCity after bid opening, qualification requirements are due within 24 hours of request. �L1k7ifications will be determined based on information provided as follows. All information is required or contract approval. 11.2. The bidder shall submit a letter of verification addressed to the CITY stating the project(s), and agency contact(s) that satisfies the minimum work experience requirements described in paragraph 8.7.1 herein. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 36 of 46 Bid 23-40, Addendum 2 CITY OF _ FAYETTEVILLE Date: Wednesday, November 1, 2023 V4W A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-40, Construction — 2023 Asphalt Surface Treatment Zso This addendum is hereby made a part of the contract documents to the same extent as though i IL originally included therein. Interested parties should indicate their receipt of same in the appropria k of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON T FORM. 1. BID DEADLINE: THE BID DEADLINE HAS BEEN EXTENDED. ALL BIDS SHAL SUBMITTED BY 2:00 PM ON WEDNESDAY, NOVEMBER 8, 2023. I;z** P � � O G O� D� . a. City of Fayetteville, AR Bid 23-40, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Bid 23-40 Addendum 2 Vance Brothers Inc Supplier Response Event Information �J Number: Bid 23-40 Addendum 2 • �� Title: Type: Issue Date: Deadline: Notes: Construction - 2023 Asphalt S rfa Trea Invitation to Bid • �` 10/8/2023 ` 11 /8/2023 02:00 # V" The City of Fayette i acc authorized firms r e m surface tre t n var' Fayettevill tion rc Amanda Be uss, c a� am �ids fir roper licensed and �!deliv , and installation of asphalt Scatio ughout The City of �ing 'd should be addressed to nt at abeilfuss@fayetteville- Ov ` J✓1 J Contact Infor i Contact: Amanda Ifuss K.7urchasing Agent Address: P ding W Wall m 6 113 W. Mo tain St. Fayetteville, AR 72701 �ma . abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Vance Brothers Inc Bid 23-40 Addendum 2 Vance Brothers Inc Information Address: 5201 Brighton Ave Kansas City, MO 64130 Phone: (816) 923-4325 By submitting your response, you certify that you are authorized to represent and bind your company. Robert A Vance Signature Submitted at 111712023 09:02:21 AM (CT) uested Attachments asewell@vancebrothers.com Email (�� V�Xs-� Requir ature Forms - Bid 23-40, Required Signature Forms V °� hers, Inc.pdf Please attach your completed forms. These documents can be found in the Project Xr as a convenience file in the Attachments tab titled File #00. n. Bid 23-40, Bid Bond �id4Bonyetteville, AR - G Vars, Inc.pdf Please attach a signed and completed copy of your bid bond. onds form o check shall be delivered to City Hall, Purchasing Division before bid dga a and hav c py oft cier's check uploaded with submittal. ` �► Response Attachments Evidence of Authority to Sign - Vance �e s, I` Evidence of authority to sign. Arkansas Contractor's License - V ce ro Inc. Arkansas Contractor License � Work Experience & Subcontractor Lob V nce o e s, Inc.pdf 14 Work experience and subcontractor I t. Bid Attributes O I w rJ 1 Arkansas Secretaryo S to Filin u ber: 100 447193 2 Arkansas C r r License Number: 0057410 4 3 Ch or No: Pursu t 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. 2 Yes, I agree ❑ No, I don't agree Page 2 of 3 pages Vendor: Vance Brothers Inc Bid 23-40 Addendum 2 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑✓ Yes, I agree ❑ No, I don't agree 5 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that een issued for this bid. �P ❑� I agree Bid Lines 4� 1 Mobilization (Not to Exceed 5% of Base Bid) Quantity: 1 UOM: LS Pri . $ 00 $25,000.00 2 Bonds and Insurance Quantity: 1 UOM: LS ice: $10, Total: $10,860.00 Microsurfacing (18-22 Ibs/SY) - Roadway Quantity: 116843 UOM: SY $3.43 Total: $400,771.49 3 4 Microsurfacing (18-22 Ibs/SY) - Pa is Quantity: 21797 UOM: SY $7.75 Total: $168,926.75 5 Hot Rubber Crack Seal Quantity: 45750 UOM: LF J Price: $2.30 Total: $105,225.00 6 Reflectorized Paint Marking 4" Quantity: 14759 UO F V Price: $1.44 Total: $21,252.96 7 Thermoplastic Markin YMBC e, ADA, Shared Lane, etc.) Quantity: 25 EA Price: F $402.50 Total: $10,062.50 IL 0 8 Thermop tic Varking - ARROWS Qu 10 UOM: EA Price: $402.50 Total: $805.00 9 Ther plastic Marking - WHITE - 12" Quantity: 60 UOM: LF Price: $28.75 Total: $1,725.00 1 Reflectorized Paint Marking YELLOW 4" 0 Quantity: 380 UOM: LF Price: $1.44 Total: $547.20 Response Total: $745,175.90 Page 3 of 3 pages Vendor: Vance Brothers Inc Bid 23-40 Addendum 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Vance Brothers Inc. 5201 Briahton Avenue P O Box 300107. Kansas Citv. MO 64130-0107 .� as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto City of 113 W. Mountain, Fayette as Obligee, hereinafter called the Obligee, in the sum of Five Dfflkant of Ami D ($ for the payment of which sum well and truly to be made, the Principal executors, administrators, successors and assigns, jointly�lll veraljywfaWl WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee sh �t the b the Obligee in accordance with the term f su h biq Contract Documents with good and su lent payment of labor and materials furnished in the s such Contract and give such bond or bo if t e F penalty hereof between the amount sp e i said contract with another party to perfor a rk cove to remain in full force and effect. Signed and sealed this 8 f �ssk. Ile said _OfttWBind ourselves, our heirs, nt PrinqjgPVAff the Principal shall enter into a Contract with stLck0yid or bonds as may be specified in the bidding or erformance of such Contract and for the prompt f, or in the event of the failure of the Principal to enter II pay to the Obligee the difference not to exceed the ch larger amount for which the Obligee may in good faith id bid, then this obligation shall be null and void, otherwise Vance B CORPORATE SEAL SCE HERS INC (816) 923-4325 j2 oYo —+ A. 1/4A-,-�e— Surety Phone No. 617-357-9500 AIA DOCUMENT A310 • AID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITuTLOF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C.20006 (rJee) This Power of Attorney limits the acts of those named herein, and they have no authority to Libel,ty bind the Company except in the manner and to the extent herein stated. Mutual. Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana therein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint C. LaVonne Engeman all of the city of Kansas City , state of MID its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, axe'- V acknowledge the following surety bond Principal Name: Vance Brothers Inc. Obligee Name: City of Fayetteville Arkansas Surety Bond Number: Bid Bond tionaillillirmilitni tfona rorm IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the t�i�n have been affixed thereto this 8th day of November 2023 . /V)► Liberty Mutual Insurance Comp The Ohio Casualty Insu ce Co y F� INsu'aq PI,( INS& a INS URq West American Insu Cornppny 1J LOgvo y� 5J VOIWO)? 9.L UP VONP OH4� y� f FO Cn U = FO m 1912 0 0 1919 2 1991 0 l By: u� d�, S,�NeSf da Hnwas� dad �S �DIANP ,da -- `�' C D id ssistant to CC) STATE OF PENNSYLVANIA ss � /V�► ` M COUNTY OF MONTGOMERY aa) On this 8th day of November 2023, before me personally appeared David M. Carey, who ac`o edged himsel be Me Assistant Secretary of Liberty Mutual p 2 Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and thatfch, being authorized so to do, execute the foregoing instrument for the > purposes therein contained by signing on behalf of the corporations by himself duly authorized offi IN WITNESS WHEREOF, I have hereunto subscribed my name and atfixe rial seal al Ili Meeting, P n n the day and year first above written. .a 5P PAS)' N �Q oopO"P r+��<< Co or 1010 Pennsyty • o Seal ` — 0 3 y 6a Pastel a / " aj O or Mantgo unl /N/�//j,(�Q.ev O (1) Pam. commission pi ch 28.2025 _. c ca 4t)r' IN Comm m 1126aaa Teresa Pastella, Notary Public Member. Pe ociateo of N This Power of Attorney is made and executed pursuant to an by autl owing ulhorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resol io are now in f and effect reading as follows ° .S ARTICLE IV - OFFICERS: Section 12 Power of Attom Any officer or other official of ilia Corporation aulh t r t purpose in ,the Chairman or the President, and subject to such limitation as the Chairman or the o T President may prescribe, shall appoint such alto -i fa may I to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizan d urety obl3. ch attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney. shall have full power to bind the Corporal b el lure and execut any such instruments and to attach thereto the seal of the Corporation When so executed, such > W instruments shall be as binding as if signs 11 sidenl and d to by the Secretary. Any power or authority granted to any representative or attornoy-in-fact under the Z U provisions of this article may be revoked at arty by the B e hairman, the President or by the officer or officers granting such power or aulhonty ARTICLE XIII - Execution of ConVacts: Station 5. Surely Sonland Undertakings. Any officer of the company au on fo�lat purpose inwriling y the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such aflame ' may bene7 awry to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and t urety obhga n3 attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their sign nd execution ankh instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by Ili p nt and attested by rotary Certificate of Designatio - President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys- infact as may be necessay to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligal(ppS. V Authorizati X-3 y unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a codified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same form and effect as though manually affixed I, Renee C Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insuranco Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this 8th day of _ November 2023 . P� INSU,wq P�v( INSUR INSUq� jGOpPOAP O �m eJ `OPNORq'O 2C� �p'2`ONTmga�0 etn 1912 0 1919 1991 Y 9 (�' S O By: (%, SS4CHU54 da �'AMPS� day is "VOIANP aas arise C. Llewellyn, Assistant Secretary LMIC, OCIC. WAIC - IMN 092023 CITY OF 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. 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 require nt. 1 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of as for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashie ' s shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by n in -person delivery to the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (su itt the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line it as well total bid price. Total base bid should be calculated in the provided space. �V All pages provided with signature lines shall be appropr'a ly slgnedJ d cordin ncluded with submitted bid documents ` / V All bids shall be received before the stated d utilizi thle�Ey sdding platform or submitting a physical sealed bid to the location listed bel bmittin electr s strongly encouraged. A public bid opening will be conducted sho ter t adlin(&. at City Hall and livestreamed at https:Hwww.youtube.com/user/citvo illear. misdir bids shall not be accepted. The City of Fayetteville shall not be respon ' e to t or ected bi failure of bidder's technical equipment. If submitting a physical bid, all bid c nts deliver � sealed envelope to the address stated in the advertisement or updated deadlin issue e da. should be delivered with the name of the bidder (contractor) on the sealed envelope as well h bidders sas Contractor's License Number. Additional Information Required: �O • List of Subcontractors orm ele n ally or attach if submitting a physical bid. • AR Secretary of St WO l 19 OR submit electronically. • Arkansas Contract r i nse #: 0 2N OR submit electronically. • Pursuan A a s codvAt d §25-1-503, the Contractor agrees and certifies that they do not currently boycott d wilott Israel during any time in which they are entering into, or while in contract, wi an b is en ' ed in 25-1-503. If at an time during contract the contractor decides to boycott § Y g Y e contractor m st notify the contracted public entity in writing. Submit electronically or circle applicable answer: e or NO • ` Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. • Submit electronically or circle applicable answer: YES or NO City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 3 of 45 City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Bid Form Contract Name: Construction — 2023 Asphalt Surface Treatment Bid Number: 23-40 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: 1 Bidder: Vdn0l,-, &&a%c .S. TA-14-- . Section 1— Intent: The undersigned Bidder proposes and agrees, if this B'�` pted, Fayetteville in the form included in the Contract Docum �b perf rr the Contract Documents for the Bid price and within tim&�niaQ terms and conditions of the Contract Documents. V Section 2 — Terms & Conditions: V Bidder accepts all of the terms and co sftp; of tation t V G `v Fer into Bement with the City of rnish k as specified or indicated in in i i d in accordance with the other (♦j nd Instructions to Bidders, including without limitation those dealing with the dispositi n of ty. T�h11� ill remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign Bonds and other documents required Jul ;� number of counterparts of the Agreement with the ents within 15 days after the date of City's Notice of Award. O Section 3 — Bidder's Representati ne) In submitting this Bid, Bid z sents, a ully set forth in the Agreement, that: 1. Bidder has exaNd and r y studied the Bid Documents, and the which is f��acknowledges Number Date ♦���+++ 1_ 1 o I3ii Iz� 2 City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 36 of 45 following Addenda, receipt of all 2. Bidder 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. 3. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 4. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguo s to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, a ite. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be e for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility fo,Ngcuracy or completeness of information and data shown or indicated in the Bid Documents with respj,l% nderground Facilities at or contiguous to the Site. W Bidder has obtained and carefully studied (or assumes responsibility for havingAS'all such additional or supplementary examinations, investigations, explorations, tests, studies, and da ncerningitions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or other icea5\K cost, progress, performance, or furnishing of the Work or which rela ny as e meods, techniques, sequences, and procedures of construction to be e to by Bi d safes and programs incident thereto. V- �^ 6. Bidder does not consider that any additional q�Ca� at necessary for the determination of this B�q perfo times, price, and other terms and condP�io of the r 7. Bidder is aware of the general n t work i e for which this Bid is submitted as dicat 'n�C ti ts. ents. v'%ons, tests, studies, or data are the Work in accordance with the and others at the Site that relates to Work 8. Bidder has correlated the informa o n to B' e information and observations obtained from visits to the Site, reports, and drawings ide i the Documents, and all additional examinations, investigations, explorations, tests, studies [i with the ract Documents. V 9. Bidder has given Engineer ritten n tic �5f all conflicts, errors, ambiguities, or discrepancies that Bidder has g ^ discovered in the ct Documand the written resolution thereof by Engineer is acceptable to Bidder. 10. The Contr uments nnrally sufficient to indicate and convey understanding of all terms and conditions for pe min and furnishing the Work for which this Bid is submitted. V 11. *T d is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation �a not submitted in conformity with any agreement or rules of any group, association, organization, or rporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 37 of 45 12. 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 (see Appendix A). 13. No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. 14. The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. or per the attached letter of authorization is duly authorize t !f 15. Bidder, as an officer of their organization,p Y � Y the information provided herein is accurate and true. 16. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discriminat'iirements and conditions of employment in addition to all federal, state, and local laws. N 17. As a bidder on this project, you are required to provide debarment/suspensio rtificatio �Kng cating that you are in compliance with the below Federal Executive Order. Certification can e by c and signing this form. �v a. Federal Executive Order (E.O.) 12549 "Deb d Suspe i " requir a all contractors receiving individual awards, using federal funds, and -reci ify th ganization and its principals are not debarred, suspended, propose arrrvt, ared ' or voluntarily excluded by any Federal department or agency from usinesshe Fed �vernment. b. Your signature below certifi neit o nor y incipal is presently debarred, suspended, proposed for debarment ineli volunt cluded from participation in this transaction by � any federal department or a ency.� Section 4 — Price: O Reference online bidding portal for L' 'It$rypricing fa etteville-ar. ov bids. Section 5 — Listing of Subcontract r i V I, the signed General ContCNr,�ertify th osals from the following subcontractors were used in the preparation of my proposal. I agree th th u�c' ul bidder, and if the following subcontractors are approved by the City, I will not enter into con ict� it oth�t se divisions of the Work without written approval from the City. tion 6 — CoMr c Times: 1. ,Bi agrees that the Work will be substantially completed and ready for final payment within the number of dar days indicated in the Agreement. 2. Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 38 of 45 Section 7 - Communications: Communications concerning this Bid shall be addressed to the Bidder as follows: :::G. 04 Warraw aa, -•i-(%arrawood,d V44\ce,(p,Cc Q ♦ • Q CaLWAO Phone • o 2. FAX No. '61LO -9a3 - ('OH72-- Section 8-SIGNATURE: This bid is being submitted in good faith, according to the entire bid package presented SUBMITTED on this 1 +� Date of Nic AR State Contractor License No. Unique Entity Number: OPTION 1: An Individual Name (type or printed): By: Doing business as: Business address: Phone No.: N&O OPTION 2: A PartnershVe: O Partners ' N B • 0 04Tax Iq^,%M �t- r� ' w AGE #:-�lt (SEAL) Y• (Signature of general partner— attach evidence of authority to sign) Pe (type or printed): Business address: Phone No.: City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 39 of 45 FAX No.: OPTION 3: A Corporation or LLC Corporation Name: Vey i��2cq�wli2s mac. (s ADVANCE BROTHERS IN( Date of Incorporation: W 3111458' CORPORATE SEAL MISSOURI Type Vj By: Name ( ypE Title: .3 I Business, Professional, Service, Limited Liability) — attach evidence of authority to sign) or printed): (CORPORATE SEAL) Business address: City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 40 of 45 CT¢n¢ra/8AiJCE-FROTHFRS ING (816) 923-4325 o'� AV VANCE BRS INC CORPORATFSE L MURI � AX 0 of Section —e a Form City of Fayetteville Bid 23-40, Construction - 2023 Asphalt Surface Treatment Contractor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: \f &n to &1) Z-� NUMBER OF YEARS IN BUSINESS: 1D0 HOW LONG IN PRESENT LOCATION: 55 J-zso TOTAL NUMBER OF CURRENT EMPLOYEES: c371 FULLTIME I PART TIME ) NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PAfj�T� PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTR(ICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed 1. C_ i-a _ 4 Reitch Vimn-A(?- COMPANY NAME CITY, STATE, ZIP ,1 1 Qr2n Nunk- CONTACT PERSON S s-g z TELEPHONE 0 A� feeA bAr- 2oolA DATE COMPLETED C MPLETED i a- e Off. l ang le.�.,, @ c-,,o-f -iv ( SIC, - 0 E-MAILADDRESS E-MAIL ADD SS O o' 3. ► l�� V COMPANY 4AME L � CITY, STATE, ZIP Cheri' CONTACT SON ` -7 VTEL0 E Sezkey\ ber- . 2023 DATE COMPLETED cC.koHgk;- a ienILSoV om E-MAIL ADDRESS City of Fayetteville, AR Bid 23-40, Construction - 2023 Asphalt Surface Treatment Page 41 of 45 4. ArVan,wn' 'L)O-r COMPANY NAME A/o r-i% L; -J+(4_ CITY, STATE, ZIP )ate_ vie s CONTACT PERSON 5oi -9L4S -951y TELEPHONE Se#(' MbQr2023 DATE C MPLETED ESQ moo .dav1 eS I? arctb+: oV E-MAIL ADDRESS Bid 23-40, Addendum 2 CITY OF IV FAYETTEVILLE Date: Wednesday, November 1, 2023 ARKANSAS To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-40, Construction — 2023 Asphalt Surface Treatment '� at This addendum is hereby made a part of the contract documents to the same extent as thoug originally included therein. Interested parties should indicate their receipt of same in the appropri I k of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION 0 D FORM. 1. BID DEADLINE: THE BID DEADLINE HAS BEEN EXTENDED. ALL BIDS SHA UBMI Y 2:00 PM ON WEDNESDAY, NOVEMBER 8, 2023. Q' o P O o G J . a. City of Fayetteville, AR Bid 23 40, Addendum 2 Page111 Telecom municatlons Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Bid 23-40, Addendum 1 CITY OF jS FAYETTEVILLE Date: Tuesday, October 31, 2023 V A R KA N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-40, Construction — 2023 Asphalt Surface Treatment O'� This addendum is hereby made a part of the contract documents to the same extent as thoug originally included therein. Interested parties should indicate their receipt of same in the appropriNCpk of the Bid. 1. A non -mandatory Pre -Bid meeting was held in Room #111 of Fayetteville Ci all on W nesday, October 25, 2023 at 10:00 AM. The sign -in sheet of attendees is also attached t ddennyrNdisclosure to all interested parties (see Attachment A). a. Attendees: L City of Fayetteville: • -` 1. Amanda BeilfUSS Sr. Pu g A 2. Kenny Fitch, PurchaPQ ent -` 3. Les McGaugh, Pur ding Dire 4. Chase Webb gineer �� 5. Matt Case eerin Manalft— ii. Vendors: '( 1. Vance B thers P 2. Specifications: The Specificay' ss es �o e Project Manual) have been revised and updated to meet latest A-143 guideli `0 icro-s c g (see Attachment B). The previous Specifications shall be disregarded. e) G 3. Addendum At to cC's .. ' a. A c nt A: - 'dTign-In Sheet b. tarJ�lment B: Revised Specifications'61 City of Fayetteville, AR Bid 23-40, Addendum 1 Page III Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 w Z vLL14 Pik e] } amp < T J N � 1 O W UQR C \' O1 V U NTi I;t LO l0 n w mN-I .m-I l�0 H CO O�1 O City of Fayetteville Bid 23-40, Construction — 2023 Asphalt Surface Treatment Specifications 1. DESCRIPTION: 1.1. This work shall consist of the application of micro -surfacing material to asphaltic pavement surfaces and related surface preparation. The micro -surfacing shall consist of a mixture of cationic ile0x modified asphaltic emulsion, mineral aggregate, Portland cement, set -control additives and wate micro -surfacing material shall be properly transported, proportioned, mixed and evenly spre� the asphaltic pavement surface in strict accordance with the plans, these specifications andjQil_ected by the CITY. In seme eases, 1.2. The cured micro -surfacing shall have a uniform and homogeneous appeara Tstantially fill all cracks, and adhere firmly to the existing surface. The mix shall be capab f ing spread in varying thickness cross -sections (wedges, wheel path depressions, scratch courses asurfaces) which, after curing and initial traffic consolidation, resist compaction throughout Oif'e tire desl tolerance range of bitumen content and varying thickness to be enc ntered. Theeuctt intain a friction resistant surface (high wet friction co -efficient) th ut th of► '�q,�cro-surfacing. 1.3. Micro -surfacing shall be placed without the occurrence ofWaing, r��►separa*A! Vn)r other distress. 1.4. Work shall be performed in c nce Nhe cur�dition of "Recommended Performance Guidelines for Polymer-Mo icro- ing" A vlsed) published by the International Slurry Surfacing Association (ISSA), ST - a Practice for Design, Testing and Construction of Micro -Surfacing, with the modifi id s specerein. APPLICATION RATE: � �O 2.1. Single lift applicatio s cro-su Ing material shall be applied in one (1) lift of 18-22 pounds per square yard of the dry ss of trr' eral aggregate. 2.2. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 24 of 46 3. PRE -CONSTRUCTION MEETING: 3.1. The CONTRACTOR shall present samples of materials, laboratory reports, calibration reports, as required by these specifications to the City at the pre -construction meeting. 4. MATERIALS: 4.1. Latex/Polymer Modified Asphalt Emulsion: The asphalt shall be a latex/polymer modified grad - 1hP (cationic) emulsified asphalt. The grade CSS-1hP shall be modified with an d latex/polymer. a. The approved latex/polymer shall be milled into the asphalt emulsion prior to t �ification process. The asphaltic emulsion manufacturer shall certify that the emulsio ins 3.0% to 5.0% latex/polymer solids based on the mass of asphalt (asphalt residual) �[w a emulsion. b. The residual asphalt content shall be 6.0% to 10.0% as measured by vlblight (mass) of the dry aggregate or as approved by the City. An appFeved set eentrel _ C c. The latex/polymer modified CSS-1hP shall cor5z? f Zg req is when sampled in accordance with ASSHTO T-40 and sh4 ly with o owin ements when tested in accordance with the specified test m G TESTS ON EMULSION TEW O IREMENTS Viscosity,Sa bolt Furol at 770E TO T 5 -100 seconds Storage StabilityTest 24 ho HTO 59 1.0% maximum Particle Charge Test SHTO 59 Positive* Sieve Test AASH 0.1 % maximum Distillation: Residual ratio AA T 59 62% maximum Oil Distillate, byvolurridipf em sio T 59 0.5% maximum *If the particle charge test is in ive, aving a maximum pH of 6.7 will be acceptable Aft T TESTS ON EMULSANIKEMIDU TEST METHOD REQUIREMENTS Penetration, 770E 1 second AASHTO T 49 40-90 Ductility, 770E cm/mirW3V AASHTO T 51 70 minimum Solubility in Trich ethyle (perfornjp4Lonly as re ui AASHTO T 44 97% minimum Softeiai P 'n R & AASHTO T 23 1350E minimum Visco 400E 6 00 mmHg V'qr1jUWPas) AASHTO T 202 8,000 Poises (800 min. Vhil v 10 tandard distillation procedure shall be performed according to AASHTO T-59 except as fied as follows: The temperature for this test shall be held at 347 ±9°F (1750F ± 50C). ` The distillation residue of the modified emulsion shall contain 3.0% to 5.0% polymer solids by mass of asphalt, as determined by an analytical method approved by the City. f. The pelymein modified emulsified a5phalt shall be se feFFnulated that wheA the paViAg ffli)AWFe applied with the Felative humidity at net FAeFe than 50% and the ambient aiF tempeFatwFe of at hp allowed i City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 25 of 46 4.2. Mineral Aggregate The mineral aggregate used shall be of the type and grade specified for the particular use of the Micro -Surfacing. The aggregate shall be manufactured crushed aggregate meeting hardness and abrasion resistance requirements provided in the specifications. To assure the material is totally crushed, 100% of the parent aggregate will be larger than the largest stone in the gradati to be used. The aggregate shall be free of cemented or conglomerated lumps and shall no !le any coatings or injurious material. Aggregate shall be free of oversize contamination~ to loading into truck. c. Aggregate used for this project shall conform to the following req .r when tested in accordance with the specified test methods: TEST METHOD REQKREMENT Sand Equivalent ASTM D 2419 6 . imum Abrasion Resistance after 500 revolutions* Portion • Pertier C 131 ::� 11 ks °o axi u� portio _T� Moisture Content of Aggregate AST 6 A& d Sieve Analysis individual and com a TM V1 36 4w s sted Material Passing No. 200 Sieve C 117 s tested Soundness of Aggregates by Sodium Sulfate, 5 cycles , TIVI k OF 15% maximum Combined Aggregate I ci c Gravity AS As tested *On parent a-qqreqate b fore c sh ` hill .,.,+ o...-ood_� d. A stockpile of aggregates lrbdeclicer this project. The-aggFegates+zQ�)«eeda i8"sieYe pening a W1 re ation, asphalt eentent, and „+h l ant Fnex ►ougn belew shall be NAe 11 forking lots and ISSA Type III for streets. 4.3. Mineral Filler a. T1 len -Lim t ement mineral filler may be any recognized brand of non -air entrained QwPorrtland ent that is free from lumps or foreign matter. The amount of mineral filler Vr d shall be determined by the laboratory mix design and will be considered as part of the al gradation requirement. The mineral filler shall be between 0.5%and 3.0% by the weight • (� of dry aggregate. The laboratory mix design percentage of mineral filler can be increased or decreased up to one percent (±1%) when directed by the City as the micro -surfacing is being placed if it is found to be necessary for better consistency or set times. 4.4. Water The water shall be potable, free of harmful soluble salts, and shall be added in an amount to provide proper consistency. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 26 of 46 4.5. SetBreak-Control Ager4/Additive a. To improve workability a set -control agent that is approved by the City, and will not adversely affect the micro -surfacing, may be used. Set eentFel agent must be `neluded as paFt of the i 1111/ the mix de 4.6. Polymer Modifier a. An approved polymer -based modifier shall be milled into the asphalt emulsion. 4.7. Composition of Micro -Surfacing Mixtures a. Mix Design; At least 14 calendar days before micro-surfacin acemen ommences, the CONTRACTOR shall submit to the City for a roval, a date a�atorIII of tests and a mix design. The date of the mix d ill refl ests rformed no longer proposed than I9 365 days prior to the start of p Ing onstru I . he re nded percentages of each individual material required sh 'a ' wn in orator e rt. Adjustments of water and set -control agent by the City ma 1equirg con c on based on field conditions. The Cityshall approve the design&�be d a I iccre�Grfa ' erials and methods prior to use pp g and shall designate the prop_t�o hin th�wing limits: b. The Residual Asphalt r 5% b ry weight (ass}of Mineral Filler 0.0 a - 3% by eight {amass) of e Latex/Polymer-based Modifier to r ° t on weight 6 --ased ? Minimum of 3.0 ° li based on bitumen wei ht content Additives A Water A ired to produce proper specified es mix consistency r V got shall fe #el+ew+r�g-testrevaluate the compatibility of the aggregate, polymer -modified emulsified asphalt, ` water, mineral filler, and other additives. The mix design shall be completed using materials consistent with those supplied by the contractor for the project. Recommended tests and values are as follows: ASTM TEST DESCRIPT ISSA TB NO. ftEQtj}REMgNlTSPECIFICATION CST � nGyqe6tTB 2-3 snaControllable to 120 Seconds D 391 QMix Time @ 77°F (25°C) 113 Minimum City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 27 of 46 D 391A A et Cohesion 12 kg -cm Minimum @ 30 Minutes Minimum (Set) Cufe4WAeTB 139 20 kg -cm or Near Spin Minimum 60 Minutes Minimum Traffic IS,SA TESTWet Stripping D ONTB 114 REQUIRENIE TPass (90% Minimum) TB 139Wet Track Abrasion Loss 39-mimes (se I 12 kg a ::►�� One -hour Soak 20 l(g ern minimurn (OF near spin) Six -day Soak 60 m+mutesoral€is 50 g/ft2 (538 g/m2) Maximum Urne)TIB 100 75 /ft2 807 /m2 Maximum 638 (60 TB-1`69Lateral Displacement TB &ress Asp147 gim % �mu Specific Gravity after 1,000 Cycles of 125 lb. (56.71 kg.) 2.10 Maximum TB 11,4Excess Asphalt by LWT Wei-StrippingTB Rass-(-98% rn*nmFnuFn)50 g/ft2 Sand Adhesion 109 /m2 Maximum TB 144Wet TFar.iE 11 Grade Points Min' , BAA) Abrasion 108 gE0-( gl T13 190Classification Compatibility One hour soak, less6§%esi rit2r►I 215 g/m2 Six day soak, less 0 imam TB 113 Mbx 0 , Measuperne Stab4iity Tp Lateral 147 v c. The Wet Track Abra t is pe o d and ` ratory conditions as a component of the mix design process. ie`purpo his to t�to determine the minimum asphalt content required in a micro -surfacing . Th t ack Abrasion Test is not recommended as a field quality control or accep ce t St. d. The mixing test is us d o dic ggtth of time the material can be mixed before it begins to break. It can be eferenc ck to verify consistent sources of material. The laboratory should verify t aand s Z es are appropriate for the climatic conditions expected during the project. G e. The la �t )shall r ort the quantitative effects of moisture content on the unit weight of theregate ( effect) according to AASHTO T19 (ASTM C29). f. ercentage o ach individual material required shall be shown in the laboratory report. d on field conditions, adjustments within the specific ranges of the mix design may be quired. The mix design report shall be reported on the testing laboratory's letterhead, signed by a manager of the laboratory that performed the tests and shall show the results of each of the required tests compared to the specification values. The CONTRACTOR name, date and time of collection and location of sample collection shall be noted on the report. Any test values out of specification shall be clearly noted. The report shall clearly state a recommendation of the proportions of the mineral aggregate, mineral filler, water (minimum and maximum), mot- tFel additive (minimurn and FRaxornam), and asphalt solids content (minimum and maximum) based City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 28 of 46 on the dry weight of the mineral aggregate. The laboratory shall also report the quantitative effects of moisture content on the unit weight of the mineral aggregate (bulking effect). MW i. All the component materials used in the mix design shall be representative of the mate ' 'o be used on the project. Once the proportions of materials to be used are approved b ty, no substitutions of other materials will be permitted, unless the materials propose bstitution are first tested and a laboratory report is submitted for design approval by t as specified above. Substituted materials shall not be used until the mix design f se materials is approved by the City. +� 5. SAMPLING AND TESTING RESPONSIBILITIES: 5.1. If requested, the CONTRACTOR shall submit to City sam om I �lers furnishing a minimum of the following materials with correspon Mater ty Data s (MSDS) sheets: _1 ,. 4 liters 1gallon) of the base asphalt' 1 liter 2pints) of the polymer additive with cle of the polyuner type) 4 liters 1gallon) of the asphaltic emulsion SM 45 kilograms 23 kilograms 100pounds) of combined m1r-.M-cwr7n—rinq9fte gregate 50pounds) of each parent mineral a re 3 kilograms 6pounds) of mineral filler wi h supplier label 5.2. 5.3. Copies of all material load tickets, and certified test reports shall be given to the City. A certified analysis (test report) of emulsified asphalt shall accompany each shipment of emulsion to the CONTRACTOR, and the exact residual asphalt cement content of each tanker shall be plainly marked on the load tickets. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 29 of 46 5.4. The CONTRACTOR shall furnish to the City an aggregate moisture determination for the stockpile prior to placing the micro -surfacing. This shall be re -tested on delivery of new aggregate to the stockpile or if weather conditions have changed the aggregate moisture content appreciably. Aggregate moisture will be accounted for in determining the aggregate/bitumen ratio to be used during placement. 5.5. Copies of a daily control log kept in accordance with ISSA Technical Bulletin No. 107 shall be givekto the City before start of the next day's production, or as otherwise directed by the City. The 1 IV contain tons of dry aggregate consumed that day, tons of asphalt emulsion consumed tha and square yardage covered that day. EQUIPMENT: M. maintained in satisfactory wo 6.2. Mixer Cp.-ea deFTFUGI(SMIXI �a , apply micro -surfacing micro -surfacing mixin, and proportions tl}vj %- sed n t�p� a nditio � times. Co micro -surfacing specifically designed and manufactured to by an automatic -sequenced, self-propelled �1W continuous -flow mixing unit that accurately delivers iP`Iough a revolving multi -blade, double -shafted mixer. omponents is required to maintain an adequate supply to gualcds. The paddles eF augeF5 shall be designed and epeFated se all fFe5h FA')( will be agitat eausong side build bips and lumps. When specifying continuous machinery to minimize transverse joints, the specified machine must be capable of loading materials while continuing to apply micro -surfacing. The continuous -run machine shall be equipped to provide the operator with full control of the forward and reverse speeds during application. It shall be equipped with opposite - side driver stations to assist in alignment. The self -loading device, opposite -side driver stations, City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 30 of 46 6.5 and forward and reverse speed controls shall be of original -equipment -manufacturer design. a. VaFiable Full Width SpFeadeF Bex The VaFiable full width SpFeadeF 31 Proportioning Devices a. Individual volume or i rcnt'rols e proportioning mix components shall be provided and properly labele pro ng devices are used in material calibration to determine the material outp t�time. Nftor Spreading Equipment V a. Them t e All be KX and spread uniformly in the surfacing box by means of twin -shafted paddl spiral 'fixed in the spreader box. A front seal shall be provided to insure no loss mixture road contact point. The rear seal shall act as a final strike -off and shall be (Tiatable. The spreader box and rear strike -off shall be so designed and operated that a form consistency is achieved, and a free flow of material is provided to the rear strike -off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry. 6.6. Secondary Strike -Off a. A secondary strike -off shall be provided to improve surface texture. The secondary strike -off shall be adjustable to match the width of the spreader box and allow for varying pressures to control the surface texture. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 31 of 46 6.7. Rut -Filling Equipment a. When project plans require, Micro -surfacing material may be used to fill ruts, utility cuts, depressions in the existing surface, etc. Ruts of 0.5 in. (12.7 mm), or greater in depth, shall be filled independently with a rut -filling box, either 5 ft. (1.5 m) or 6 ft. (1.8 m) in width. Ruts that are in excess of 1.5 in. (38.1 mm) in depth may require multiple applications with the rut -filling box to restore the cross-section. When rutting or deformation is less than 0.5 in. (12.7 m ), a full width scratch course may be applied with the spreader box using a metal or stiff r strike -off. Apply at a sufficient rate to level the pavement surface. The leveling course r may not, meet the suggested application rate in the table in Section 11.2. All rut-fillin level - up material should cure under traffic for at least twenty-four (24) hours be- f ditional material is placed. A?� 6.8. Auxiliary Equipment [�/+�► a. Suitable surface preparation equipment, traffic control equipm n , ha4d tools, and other support and safety equipment necessary to perform the w shall bedprovided by the contractor. c 7. MATERIAL STOCKPILING AND STORAGE: 0 7.1. Aggregate Stora e - If the mineral a re a • Astor o ckpil shall be handled in such a g gg g ��' manner as to prevent segregation, mi ' the va1'16umateria, contamination with foreign materials. The grading of aggregate s e d 1�%se and ed to the mixing plant shall be uniform. Suitable equipment of ble siz e f4rnis by the CONTRACTOR to work the stockpiles and prevent segreg nd ebreak n of mineral aggregates. The aggregate shall be free of oversize m I �Zl 1% ✓ n a. The CONTRACTOR'S ateri auip ay be stored at designated area within a Department's maintenance f , as diri�y the City. Equipment and materials shall not be stored on the public ro ht- f-way O b. All aggregate mus e ene d y into the application equipment immediately prior to installation to I e potteennt f oversized material. 7.2. Asphaltic Mate 'al Stor ge - The srlaltic material storage shall be ample to meet the requirements of the plant. AU E%uA n0ent us n he storage and handling of asphaltic material shall be kept in a clean condition at I es a e operated in such a manner that there will be no contamination with foreigrVae r.The ftl e stability te5t Fflay be waived pFevided the asphalt efflul5ien 5teFage tank a-t 87 Weather Limitations a. No mixture shall be placed when: i. The pavement temperature is 100C (50°F) or below ii. When the ambient air temperature is 10°C (50°F) or below City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 32 of 46 iii. When there is a forecast of temperatures (as per the National Weather Service) below 32°F within twenty-four (24) hours after mix placement iv. When it is raining v. As directed by the City 8.2. Test Strip - Prior to the application of the micro -surfacing mixture, the CONTRACTOR shall place XN strip, at a location established by the City, to demonstrate the compatibility of the modified e and the mineral aggregate under field conditions. This test strip shall also be used to demon mix uniformity and compliance of the mix to the requirements of proportioning of the as ineral aggregate, mineral filler, polymer modifier, set -control agent and water. The test stri a at least 500 feet in length (unless otherwise agreed), and the width of one lane and s sist of the application courses specified in the contract. The test strip shall be conducted atme time of day or night the full production will be applied, in the presence of the City, at I s J�6 ty-four (24) hours prior to the CONTRACTOR'S intended start-up date. The City will evaluat t t strip a4eF f„"„ approximately 1 hour after the placement of the test strip to det Wine that he mix design and materials are acceptable. A new test strip shall be performed f'�'y1 the t rip is deemed unacceptable, a change in the mix design be neces ar dc.4s di y the City. The establishment of a test strip will be considered in ' ntal, 'r the ed test strip will be measured and paid for in accordance with thie act pro ' s forth square yards of micro - surfacing placed. of the failed test st Method or a ent stions unapproved by the City in the test strip, shall be used in field produc ' 8.3. Surface Preparation -The C' appro rface tion prior to application of the micro - surfacing. Additional prepar ory items cified b`or as directed, shall be the Contractor's responsibility and are subsidiary to ro-su n pay item. a. Immediately prior to pe t of t m ro-surfacing mixture, the CONTRACTOR shall sweep the pavement thorn g ly Ing - opelled rotary -type broom to remove all loose materials, dirt, mud and otf N tionabl erial that may prevent adhesion of the micro -surfacing to the existing pa� surf d then pre -wet as required. Removal of any existing vegetation and dirt from as It/cur aces shall be accomplished using approved methods. b. Bid it track ' n are included in this project. City forces have sealed most cracks; howe any cr t sealed or require additional sealant are the responsibility of the actor as p�1f surface preparation. 01 le Water shall be used in pre -wetting the surface ahead of the spreader box and shall be plied at such a rate that the entire surface shall be damp and free of ponding or free -flowing water. �. Utility covers, manholes, grated inlets, curb inlets, and traffic device covers located in the roadway to be paved shall be protected from coverage by the micro -surfacing and referenced for prompt location and cleaning following application. The CONTRACTOR shall be responsible for covering, locating, removing and cleaning of these items following the micro -surfacing application operation. The methods used to protect, reference, locate and clean shall be submitted by the CONTRACTOR and shall be subject to approval by the City. All such materials shall be removed and properly City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 33 of 46 disposed of by the CONTRACTOR after the surfacing material has cured. The above items shall be cleaned to their pre -surfacing condition or as directed by the City. e. Roadway striping and traffic markings shall be protected by approved methods. Any damage to roadway striping or markings shall be repaired by placing new striping and/or markings of the same material as the damaged material. If designated on the plans to replace striping and markings, such striping and markings shall be installed by a qualified installer and shall meet specifications as designated on the plans. 8.4. Spreading of Mixture - The micro -surfacing shall be homogeneous during and following mixinv d spreading. It shall be free of excess water or emulsion and free of segregation of the eml►and aggregate fines from the coarser aggregate. A sufficient amount of materials shall be n to all parts of the spreader at all times so that complete coverage is obtained. Overloadin0a spreader box shall be avoided. No lumping, balling, or unmixed aggregate shall be permittedAZ a. The mixture shall be uniform and homogeneous after spreading o s�rrfacing and shall not show separation of the emulsion and aggregate after setting. St r ks, such s those caused by oversized aggregate, shall be avoided. If excess streaking dev% the jo be stopped by the City until the CONTRACTOR can demo to that t rren een eliminated. Excessive streaking is defined as: more tha r (4)arks than one-half inch (12.mm) and/or 4 inches (100 mm) Io -inch (2 ) o 3 in S mm) long in any 27.3 yd.2 (25 m2) area. No transverse rip I In trea ess of one -quarter inch (6 mm) will be permitted when me y pla 10 fo t eter) straight edge over the surface. b. Inaccessible Areas Micro r ding to b ad In leas accessible to the g a p r and s v � spreader box shall p be surfaced using V s to ide complete and uniform coverage. If necessary, the area t d wo all be ampened with potable water prior to mix placement. Care shall a ex is av ightly appearance from hand work. The Micro -surfacing shall not be applied over steel expar kpl tes or2iFedecks, unless directed by the City. c. Excess Material - �xViatme at N overruns in gutters, on curbs, inlet tops, or on sidewalks shall be remov or eegeed back onto the surface. All excess material removed from any non area r om the ends of each job site shall be removed immediately. Discolore curbs, inlets a dd idewalks shall be immediately cleaned and flushed before the mater' I et 't 8.5. Pavin uses - Mi acingrfmaterial shall be applied in one (1) lift of 18-22 pounds per square pp yar dry mass of the mineral aggregate. AdditiGRIRIly, The TRACTOR shall apply an amount in excess of 22 pounds per square yard only after having received or approval from the City. Compensation to the CONTRACTOR for amounts in excess of 22 pounds per square yard shall not be made without prior approval. Any application in excess of 30 pounds per square yard shall be applied in two lifts ("scratch" course followed by normal application). a. Adequate means shall be provided by the CONTRACTOR to protect the micro -surfacing from damage by traffic until such time that the mixture has cured sufficiently so that the micro - surfacing mixture will not adhere to and be picked up by the tires of vehicles. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 34 of 46 8.6. Seams and Joints a. No excess buildup, uncovered areas, or unsightly appearance shall be permitted on longitudinal or transverse joints. The CONTRACTOR shall provide suitable spreading equipment to produce a minimum number of longitudinal joints throughout the project. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. Any damage to, or irregularities in, micro -surfacing shall be repaired by the CONTRACTOR an at the CONTRACTOR'S expense, as directed by the City. All repairs are the made with a paver box, except those designated as hand work area. b. Whenever possible the longitudinal joints shall be placed on the lane lines, st g the underlaying joints by 6 inches (150 mm). The City may permit the CONTRACT t use other patterns of longitudinal joints, if such patterns will not adversely affect the qu he finished product. c. Longitudinal joints common to two driving lanes, shall not overlap e athree inches (76.2 mm). If the City determines that this is exceeded or that the seam is gh enough to cause a noticeable effect on steering of an automobile, the seam shall aired, and new micro -surfacing patch shall be applied by the C NTRACTOR at itioI the City. 8.7. Work Experience and Workmanship N a. The CONTRACTOR shall be required&*aeat�t vo (2) work experience in the application of these precise matedthods acemen scope of work as described herein. V" J Edge lines and b. Edg joints shall b Prm andl lel, ratall erpendicular with the centerline of the roadway. Lines at an gh in s ons a�5pers shall be kept straight and uniform in appearance. 8.8. Surface Preparation (v a. Hot Rubber Crack Filler ill®rmaa'al hall meet all requirements of ASTM D6690, Type II, "Joint and Crack Sea n s, t-Aor Concrete and Asphalt Pavements." Width of cracks to be filled shall gen 4-( a in exce", or at the discretion of the City. Crack fill material shall be applied at t er tem ture and using the proper equipment designed for the material to be used. Prior materi i ction, cracks in excess of %" shall be dry and free of loose debris. Cracks s a unifor y ed from the bottom. Excess material shall be removed from the p a fort urfacing. Hot rubber crack fill shall be paid for in accordance with the An n ainet��ii contract. 9. MET O&O EASUREMENT: Method of materials shall be specified in this section. quantities shown on the P a d in the Bid documents are estimated quantities. Actual quantities as measured will be the basis 9T Micro -surfacing 18-22 pounds per square yard: All materials, including the dry mass of the mineral aggregate, are required to be measured and recorded for quality control purposes. Measurements for the payment of micro -surfacing, complete and acceptably in place, will be made to the nearest square yard. Linear measurements to determine the square yardage of surface area shall be made to the nearest one (1) foot. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 35 of 46 9.2. Single lift of micro -surfacing applied in excess of 22 pounds per square yard: If included as a pay item, wheel path depression lifts, and mineral aggregate applied in excess of 22 pounds per square yard, will be measured by the pound of the dry mass of the mineral aggregate recorded from the calibrated belt conveyor counter. 9.3. Measurement of hot rubber crack fill material applied shall be made to the nearest (1) linear foot. 9.4. 10. BASIS OF PAYMENT: Prices shall include full compensation for furnishing all labor, m , tools and equipment for: quality control sampling, testing and mix design; for preparation of ad surface; for supplying, installing and removing temporary signs; for transporting, mixing, ap Ootting (furnishing, placing and removal of material), general clean-up; furnishing, constructing arif in aining traffic control and safety devices as directed by the City, shown on the plans or includet&rran he co truction contract, addendums or specifications; and other incidentals necessary to complet job as specified herein. a&kv 10.1. Micro -surfacing applied 18-22 pounds per ard: Th c pted `of micro -surfacing as hall or at tract unit rice per square provided above In the Method of Measure p p q yard. Payment will be made for actual s ardage�"lured. `� V" 10.2. Single lift of micro -surfacing appli cess o and -Vern are yard: In areas where material is applied in excess of 22 pounds uare excesll be paid for by the pound of material as measured per 9.2 above. will bfor a;cOMli�fight of additional material. 10.3. Hot rubber crack fill: The accepted y of *\OVU er crack fill as provided above in the Method of Measurement section shall bid r at the 0 Twict unit price per linear foot. 10.4. Pull depth ACHM —.0 11. CONTRACT11IM1ALIFICATI-O"EQUIREM 11.1. kiclaeVhall be qualified and experienced to provide the work presented in this bid. Upon request by Vrk City after bid opening, qualification requirements are due within 24 hours of request. alifications will be determined based on information provided as follows. All information is required V for contract approval. 11.2. The bidder shall submit a letter of verification addressed to the CITY stating the project(s), and agency contact(s) that satisfies the minimum work experience requirements described in paragraph 8.7.1 herein. City of Fayetteville, AR Bid 23-40, Construction — 2023 Asphalt Surface Treatment Page 36 of 46 License No. 0057410424 ID State of Arkansas Commercial Contractors Licensing Board VANCE BROTHERS, INC. 5201 BRIGHTON KANSAS CITY, MO 64130-0107 This is to Certify That VANCE BROTIRS, INC. .i liLy—limed. under_the_pro-visions .of Ark -Code- --§-. - seq,.-as p g --- amended and is entitled to practice Contracting in the State sas within the following classifications/specialties: HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION V V ,e) ,� Q' e) 5 Q' O This contractor has a u ited ted bid limit. I;y lentil April 30, 2024 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: CHAIRMAN SECRETARY March 17, 2023 - dsa Certificate of President The undersigned, Tim Vance, President of Vance Brothers, Inc., a Missouri corporation, her certifies that the following is a true and correct copy of a Resolution duly adopted by th of Directors of the Corporation on the 25th Day of October 2021. A RESOLVED, that Tim Vance, Robert A. Vance and Shawn Brost are tSn Ys, to execute and enter into bids, contracts, bonds, affidavits and any ancillary docun behalf of the corporation. �GJ The undersigned further certifies that this Resolution f ull for �ect ate of this Certificate and has not been amended, modifi , r o dke`d�r nded. IN WITNESS WHEREOF, I have execute ertif cat 20rh anuary 2022. J President (j� Sr. Vi resident Tim Vance P Robert A Vance Printed Name O Printed Name i Presi en Contra in Shawn Br t Printed no I J Assistant 8ecretary Arthur Sewell Printed Name 17vaR6 [A I lO]11I1I �1 phniw: 000.021.8549 816.923.432.5 fax: 016.923.6472 wrb: vancebrolhers.com Work Experience & Subcontractor List Work Experience Vance Brothers, Inc. has submitted four references on the form supplied by the City f ville which will show the experience and workmanship of the company. All references listed e ffoprojects completed during the 2023 season, but Vance Brothers, Inc. has done work for st o the clients for many years. 4z) ntracto 1� Custom Pavement Maintenance ty 2805 Co -Op Dr. Van Buren, AR 72956 � �O 4zi Vance Brothers Inc. inten spoucontr Hot Rubber Crack Seal and Pavement Marking li� ne items to Custom Pavemen I J JYFMfhers phor 800.821.6549 816.923.4325 fax. 816.923.6472 wr vancebrothers.com 2023 ASPHALT SURFACE TREATMENT PROJECT PLAN INDEX Sheet No. Description 1 COVER SHEET WEST FAYETTEVILLE AZURE AVENUE, BENTLEY RIDGE, IKA LANE, LABORDITE 2 DRIVE, MIRAMAR DRIVE, NEVERMORE LANE, TIGER EYE DRIVE, TOPAZ DRIVE, VANIKE DRIVE AND VERONA LANE BRADSTREET LANE, DAFFIDIL DRIVE, 3 KEATS DRIVE, LONGFELLOW LANE, MARLOWE LANE, PUTTING GREEN DRIVE AND TENNYSON LANE CAMELLIA LANE, CATALPA DRIVE, 4 CHINA BERRY LANE, CRAPE MYRTLE PLACE, GARDENIA DRIVE, JASMINE LANE, LILAC LANE, OLEANDER LANE AND PEPPER TREE LANE EAST FAYETTEVILLE AINSWORTH AVENUE, KENILWORTH AVENUE, 5 PEMBROKE ROAD, RUTH AVENUE, AND SHREWBURY LANE ARTHURS COURT, AMBERWOOD LANE, CAMROSE LANE, 6 LONDONDERRY DRIVE, MANOR DRIVE, MEANDERING WAY, MONTVIEW DRIVE, RIDGELY DRIVE, SUMMERSBY DRIVE, AND WHISPERING OAKS LANE PARKING LOTS 7 BLOCK STREET PARKING LOT 8 DOWNTOWN SQUARE NORTH PARKING LOT KESSLER MOUNTAIN REGIONAL PARK 9 BASEBALL PARKING LOT 10 LAKE FAYETTEVILLE SOFTBALL PARKING LOT OJ 1 G I � 9s 0 4 0 w z m r_1 J Z a 0 \800-482'$9�� for the City of Fayetteville SHEET 9 BID No. 23-40 September 2023 SHEET 5 SHEET 7 g Al rFNFRAI NnTFS 1. THE CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN THAT INDICATES TYPE OF SIGNING, SPACING OF SIGNING, FLAGGERS, CHANNELIZERS AND OTHER TRAFFIC CONTROL ITEMS IN ACCORDANCE WITH THE CURRENT EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). 2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE, INSTALL AND MAINTAIN SUCH SIGNS, CONES, LANE DELINEATORS, AND OTHER FACILITIES THAT MAY BE NECESSARY TO PROTECT THE WORK AND PROVIDE FOR SAFE TRAVEL THROUGH THE CONSTRUCTION AREA. ALL SIGNING SHALL CONFORM TO THE LATEST EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 3. UTILITY COVERS, MANHOLES, GRATED INLETS, CURB INLETS AND TRAFFIC DEVICE COVERS LOCATED IN THE ROADWAY TO BE PAVED SHALL BE PROTECTED FROM COVERAGE BY THE MICROSURFACING AND REFERENCED FOR PROMPT LOCATION AND CLEANING FOLLOWING APPLICATION. THE ABOVE ITEMS SHALL BE CLEANED TO THEIR PRE -SURFACING CONDITION OR AS DIRECTED BY THE CITY. 4. WORK AT INTERSECTIONS SHALL BE DONE IN STAGES, OR BLOTTER MATERIALS SHALL BE USED. TO ALLOW CROSSING AND TURNING MOVEMENTS. 5. WHEN CONSTRUCTION IS BEING PERFORMED UNDER TRAFFIC, ALL EQUIPMENT, INCLUDING LOADING VEHICLES AND SUPPLY TRUCKS WILL BE REQUIRED TO OPERATE IN A SINGLE LANE ON WHICH THE MICROSURFACING IS BEING APPLIED, UNLESS OTHERWISE APPROVED. 6. THE CONTRACTOR SHALL PROVIDE NOTICE TO THE CITY AND AFFECTED RESIDENTS A MINIMUM OF 3 BUSINESS DAYS PRIOR TO COMMENCEMENT OF THE PROJECT. CITY OF upFAYETTEVILLE ARKANSAS ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 VERONA LN. f 1;• Not to SCALE L F i, IKA14 LN. 21 Fr �. _... k., J I 4 , a a l a ems:. > N I . mWht MIRAMAR. DR. °; - ' --boil I w STREET AREA (Sq. Yd.) LENGTH (L.F.) HOT RUBBER CRACK SEALING (LF) (>4") AZURE AVE. BENTLEY RDG. 1,335 2,564 539 874 475 685 1525 IKA LN. 3,706 1,354 LABORDITE DR. 1,162 350 230 MIRAMAR DR. 2,868 1,007 1,665 145 645 1,735 2,475 850 NEVERMORE LN. TIGER EYE DR. 330 1,661 123 686 TOPAZ DR. VANIKE DR. VERONA LN. 3,579 6,020 3,543 1,255 2,128 1,384 TOTAL 26,768 91700 10,430 OIL 1 z a VANIKE DR.NEW— did - - IL r 41 L 7 C ., r (• .y 5 TIGER EYE IDR. ►� oQP\�\\\/ / �, T .. .- _ . I.. f r r'AL �► fir, w ®`. AZURE AVENUE, BENTLEY RIDGE, IKA LANE, LABORDITE DRIVE, MIRAMAR DRIVE, NEVERMORE A E �� LANE, TIGER EYE DRIVE, TOPAZ DRIVE, February 15, 2023 CITY OF SHEET. FAYETTEVILLE VANIKE DRIVE AND VERONA LANE -�L TOPAZ DR. ARKANSAS 2 2023 SURFACE TREATMENT PLAN yy 1 -T t �%A T r w-�w w J, J O Q J -1 0 PERSIMMON ST. ..... - ; i ,- r w J Lr MARLOWE LN. 1• : 9. ALLEY 509 i i MCITY OF FAYETTEVILLE .' ARKANSAS Not to SCALE STREET AREA (Sq. Yd.) LENGTH (L.F.) HOT RUBBER CRACK SEALING (LF) (>"') BRADSTREET LN. 1,805 659 350 DAFFODIL DR. 987 298 310 KEATS DR. 3,023 1,001 1,200 LONGFELLOW LN. 2,859 944 325 MARLOWE LN. 1,643 569 465 PUTTING GREEN DR. 897 289 285 TENNYSON LN. 2,031 662 500 TOTAL 13,245 4,422 3,435 BRADSTREET LANE, DAFFIDIL DRIVE, KEATS DRIVE, LONGFELLOW LANE, MARLOWE LANE, PUTTING GREEN DRIVE AND TENNYSON LANE 2023 SURFACE TREATMENT PLAN f LILAC DR. Ld Z rn -r I No CRAPE MYRTLE Vr �� `_ .y �0m - b -- ,ti Z J w lgF4 ! � Lv J o Ia w p r STREET CAMELLIA LN. A s .—��— d Il No CATALPA DR. CHINA BERRY LN. CRAPE MYRTLE PL k GARDENIA DR. JASMINE LN. _ LILAC DR. OLEANDER LN. ,y q, K Y F a Aft U i • CITY OF _ FAYETTEVILLE NER ��AG . ARKANSAS PEPPER TREE LN. TOTAL �i 1 Not to SCALE AREA (Sq. Yd.) LENGTH (L.F.) HOT RUBBER CRACK SEALING (LF) (>4") 4,802 1,525 1,475 1,744 884 675 2,374 764 775 407 123 350 2,506 793 1,100 4,152 1,324 1,675 3,045 979 1,155 2,861 898 865 2,637 825 710 24,528 8,115 8,780 CAMELLIA LANE, CATALPA DRIVE, CHINA BERRY LANE, CRAPE MYRTLE PLACE, GARDENIA DRIVE, JASMINE LANE, LILAC LANE, —February 15, 2023 SHEET: OLEANDER LANE AND PEPPER TREE LANE 4 2023 SURFACE TREATMENT PLAN Z' J, K m J V' Q r } ROCKWOOD TI z , Not to SCALE f +lip e fro F STREET AINSWORTH AVE. KENILWORTH AVE. AREA (Sq. Yd.) LENGTH (L.F.) HOT RUBBER CRACK SEALING (LF) (>4") 575 220 815 333 515 244 PEMBROKE RD. 3,919 1,418 875 RUTH AVE. SHREWSBURY LN. 1,597 598 715 3,295 1,142 1,825 r7TOTAL 10,141 3,735 4,210 AINSWORTH AVENUE, KENILWORTH AVENUE, AftPEMBROKE ROAD, RUTH AVENUE, °ATE February 14, 2023 CITY OF SHEET: FAYETTEVILLE AND SHREWBURY LANE ARKANSAS 5 2023 SURFACE TREATMENT PLAN AN AS ED Z. k w i Sw i C w' Not to SCALE MEANDERING WAY Ir a ,jA • �� --- ' ' �' MEAN R NG WAY - � • ',.-- LONCONDERRY DR. l w CAMROSE y a WHISPERING OAKS LN. a 1 RIDGELY DR. STREET AREA (Sq. Yd.) LENGTH (L.F.) HOT RUBBER CRACK SEALING (LF) (>4") ARTHURS CT. AMBERWOOD LN. CAMROSE LN. LONDONDERRY DR. 3,327 962 825 2,688 522 798 425 173 15 2,132 643 600 MANOR DR. MEANDERING WAY 1,430 5,878 636 1,785 650 2,375 MONTVIEW DR. 2,137 638 325 RIDGELY DR. 2,655 1,122 1,465 SUMMERSBY DR. 5,423 1,626 740 WHISPERING OAKS LN. 1,289 432 150 TOTAL 27,481 8,815 7,570 7/' a • c ' ARTHURS COURT, AMBERWOOD LANE, CAMROSE LANE, LONDONDERRY DRIVE, MANOR DRIVE, MEANDERING WAY, MONTVIEW DRIVE, RIDGELY rn ABSOLUTE ST. . - r once CITY OF DRIVE, S UMMERSB Y DRIVE, AND WHISPERING OAKS HEFT: 15, 21123 FAYETTEVILLE ARKANSAS LANE SURFACE TREATMENT PLAN J JSA 7 11 . r 1 W. ROCIK ST. to y • dw �•1 BLOCK STREET PARKING LOT MICROSURFACE (SY) 845 . �, ~: ''j�► - { . HOT RUBBER CRACK 350 Not to SCALE SEALING (LF) (>4") BLOCK STREET °ATE a- r'or' - February 15, 2023 d1f ' 1 CITY OF SHEET: f FAYETTEVILLE PARKING LOT ARKANSAS 2023 SURFACE TREATMENT PLAN 1 U U / MEADOW ST. T N l" 0 EIrs P, CENTER ST. k.t"whiii AftCITY OF .'FAYETTEVILLE ARKANS ARKANSAS j Not to SCALE DOWNTOWN SQUARE NORTH PARKING LOT MICROSURFACE (SY) 4,924 HOT RUBBER CRACK 3,300 SEALING (LF) (>4") DOWNTOWN SQUARE NORTH DATE February 15, 2023 PARKING LOT SHEET: 8 2023 SURFACE TREATMENT PLAN i i w I W. JUDGE CUMMINGS ROAD AlftiCITY OF ._ FAYETTEVILLE ARKANSAS liq� i A AN AS i i ED i J' No. Q,a g`�S �Hsw D.�P_ Not to SCALE WT W. JUDGE CUMMINGS ROAD i KESSLER PARKING LOT MICROSURFACE (SY) 10,465 HOT RUBBER CRACK 1,500 SEALING (LF) (>4") HOT RUBBER CRACK STREET AREA (Sq. Yd.) LENGTH (L.F.) SEALING (LF) (>4") JUDGE CUMMINGS RD. 14,680 4,840 2,700 KESSLER MOUNTAIN DATE: REGIONAL PARK SFebru HEET: HEF:cry 15, 2023 BASEBALL PARKING LOT 9 2023 SURFACE TREATMENT PLAN �IVA y Y - • � ___ �-,�— � iNot to SCALE `LAKE FAYETTEVILLE RD. CONCRETE FOR ADA PARKING -- CONCRETE ISLAND CONCRETE ISLAN 0 CONCRETE ISLAND CONCRETE FOR Y ADA PARKING " AND DUMPSTER CITY OF FAYETTEVILLE .e• ARKANSAS SOFTBALL PARKING LOT MICROSURFACE (SY) 5,563 HOT RUBBER CRACK 4,350 SEALING (LF) (>4") LAKE FAYETTEVILLE DATE February 15, 2023 SOFTBALL PARKING LOT SHEF: 10 2023 SURFACE TREATMENT PLAN Asphalt Surface Treatment Project City of Fayetteville Staff Review Form 2024-0506 Item ID IRCH1VED N/A � City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Casey 7/24/2024 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends approval of Change Order 1 for the 2023 Asphalt Surface Treatment Project which will increase the contract amount by$41,050.53. Budget Impact: 2130.430.9133-5819.00 Parking Fund 4470.521.8520-5819.00 Sales Tax Capital Fund 4702.860.7252-5417.00 Streets Projects(2019/2022 Bonds) Account Number Fund 06001.1 Parking Lot Improvements&Overlays 16004.1 Park Paving Improvements 46020.7252 Streets Projects(2019/2022 Bonds)-Pavement Maint Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 1,925,972.00 Expenses (Actual+Encum) $ 750,848.10 Available Budget L,175,123.90 Does item have a direct cost? Yes Item Cost $ 41,050.53 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 1,134,073.37 V20221130 Purchase Order Number: 2024-00000329 Previous Ordinance or Resolution# ',q6-27) Change Order Number: 1 Approval Date: 08/07/2024 Original Contract Number: 2023-00000065 Comments: CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Work Director FROM: Matt Casey, Engineering Design Manager DATE: July 25, 2024 SUBJECT: Approval of Change Order 1 for the 2023 Asphalt Surface Treatment Project RECOMMENDATION: Staff recommends approval of Change Order 1 for the 2023 Asphalt Surface Treatment Project which will increase the contract amount by $41,050.53. BACKGROUND: City staff has identified several streets and city-owned parking lots that are in need of preventative asphalt maintenance. Microsurfacing minimizes aging, reduces water infiltration, corrects raveling and weathering, provides a skid resistance surface and improves overall aesthetics. See the attached plan set for a complete list of streets and parking lots. On November 8, 2023. the City of Fayetteville accepted bids from licensed firms for the application of micro-surfacing material. One bid was submitted by Vance Brothers, Inc. The contract with Vance Brothers, Inc was approved by the City Council on December 19, 2023. DISCUSSION: Change Order 1 is a reconciliation change order which changes the contract quantities to equal the actual constructed quantities. This results in the final contract amount equaling the final project cost. During construction there were overruns and underruns of quantities due to unexpected site conditions. The attached change order form lists the overruns and underruns for each of the bid items for the project. The increase in the construction cost with these changes resulted in the final cost being $41,050.53 over the original contract amount. BUDGET/STAFF IMPACT: The City Council approved a construction contingency of$75,000.00 for this project. This contingency will be used to cover the cost of these changes. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 PURCHASE ORDER DETAILS G/L ACCT PROJECT AMOUNT 4702.860.7252-5417.00 46020.7252 $24,052.54 4470.521.8520-5819.00 16004.1 $2,999.17 2130.430.9133-5819.00 06001.1 $13,998.82 TOTAL $41,050.53 Attachments: Change Order 1 2 b v 8 ,2 r 4 M R gq v a N y .0 '., m M 0, [� rl n O VI ' ‘AO,O .p eV S oi'' 3 °! oo .-. ..o � -EU o ry . Lg M ya ?.A e it itand `o A esww4Awti H N is y[[H H ,n 'lc .O 'a 0 7N 4 . 0 U VI O 'uO t i i O sts N w on oO aEH ! 0.. iso' u yU ' O M O 0 1I,{ • ON Q11 N UasN V) N4/4tA p 64 p Q • >. 0. m I. m � $ a I I I i i • MM8 r l`I Npp od U b yI3 •,i nt NO '� V N O M ! I I !$! 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