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Home My WebLink About228-12 RESOLUTIONRESOLUTION NO. 228-12 A RESOLUTION AWARDING BID #12-74 AND APPROVING A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $72,470.00 FOR ASPHALT MICRO -SURFACING, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-74 and approves a contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro -surfacing and approves a ten percent (10%) project contingency. PASSED and APPROVED this 4th day of December, 2012. APPROVED: By: ATTEST: By: SONRA E. SMITH, City Clerk/Treasurer �. _1, •• pert Y p/` .6 • • • r1 E .FAYETTEVILLE. � s. kANSP.`�� Terry Gulley Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 111812012 ‘al LAI ya% City Council Meeting Date Agenda Items Only Transportation Division Action Required: Transportation Services Department A resolution awarding Bid 12-74 Construction - Asphalt Micro -Surfacing and approving a contract with Vance Brothers, Inc. for the amount of $72,470.00 and a 10% project contingency of $7,247.00. 79,717.00 Cost of this request 4470.9470.5417.00 Account Number 020521.1 Project Number Budgeted Item 2,312,401.00 Category / Project Budget In -House Pavement Improvements Program Category / Project Name 1,946,109.61 Transportation Improvements Funds Used to Date Program / Project Category Name 366,291.39 Sales Tax Capital Improvements Remaining Balance Fund Name Budget Adjustment Attached Department Date Attorney Date Finance and Internal Services Director Previous Ordinance or Resolution # Original Contract Date: Contract Number: Received in Citi 0-1) —1 2 P 1 2:41 R r V D Clerk's Office Corri►nents: Revised January 15, 2009 va'�e eville CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Department Director0043' Date: November 8, 2012 Subject: A resolution awarding Bid 12-74 Construction - Asphalt Micro -Surfacing and approving a contract with Vance Brothers, Inc. for the amount of $72,470.00 and a 10% project contingency of $7,247.00. PROPOSAL: Asphalt micro -surfacing is a polymer modified cold -mix paving system that can remedy a broad range of problems on streets. Like its parent product, slurry seal, micro -surfacing begins as a mixture of dense -graded aggregate, asphalt emulsion, water, and mineral fillers. While conventional slurry seal is used around the world as an economical treatment for sealing and extending the service of both urban and rural roads, micro -surfacing has many added capabilities due to the use of high-quality, carefully monitored materials, including advanced polymers and other modern additives. The application of the proper asphalt slurry system (micro -surfacing and/or slurry seal) will significantly extend the life of existing pavements by protecting the undersurface from damage caused by water seepage and oxidation. RECOMMENDATION: Sealed formal bids for the purchase of asphalt micro -surfacing were publicly read and the results are attached to this memo. Staff recommends approving a resolution awarding Bid 12-74 Construction - Asphalt Micro -Surfacing and approving a contract with Vance Brothers, Inc. for the amount of $72,470.00 and a 10% project contingency of $7,247.00. BUDGET IMPACT: Funds for the purchase of asphalt micro -surfacing are available in the In -House Pavement Improvements project. RESOLUTION NO. A RESOLUTION AWARDING BID #12-74 AND APPROVING A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $72,470.00 FOR ASPHALT MICRO -SURFACING, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-74 and approves a contract with Vance Brothers, Inc. in the amount of $72,470.00 for asphalt micro -surfacing and approves a ten percent (10%) project contingency. PASSED and APPROVED this 8th day of November, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer S)7eattOrAllie BID: 12-74 DATE: 10118112 3:30 PM CITY OF FAYETTEVILLE Bid 12-74, Construction - Asphalt Micro -Surfacing CERTIFIED: 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. hsiicu f/%f//J Xd.; PCE, PURCH MGRSS iirrA2 Dennison Construction Co., LLC Vance Brothers, Inc. ev ='..y.. h1 • k`iS 'r :.:t4-. ;y�;q., 1 �,iN";':' v ; - ;-: ':+i.s. �.�.'`- . •L:: sirs" = :3f.:.�y . pES RiPfI0. .-, _ 1 „r �y-fir.. . 'iiY`�-Rt_.,, - .. r. I" '� "��' r. - - - .x.:.�ar•.�..-. ?'ti-"-� 'L°.bii''�-FF{'i Lid NA,. MONA,. •-7,pn:•y4+S'iir Sa}'1' ieniil♦,Iilltpr 1'A.:• f a.: '.Mxiiu'3i "'Lii>� E.eni'Tata7: 1 iw• 2 3 4 5 Murnarw`ddng (18.22 Es&SV) Par Square Void 23,000 53.19 573,370.00 52.89 566,470.00 Miaow an:j g pn excess of 7RR+s18Y] u• Pep Pa(w11I 40,000 50.07 82,800.00 - 30.075 83.000.00 MicrosuRadng In ViAiee1 Ruts - Per Pdurd 40,000 50.07 32.800-00 50.075 53,40Q Leann removed pum4, Dated 70/16112 . NIA: Bid 8 r RdWnd WA: Bid ROMs removed pa -Addendum 4, Dated 50/18112 TOTAL BASE BID (Sum of Items 1-3): $78,970.00 $72,470.00 CERTIFIED: 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. hsiicu f/%f//J Xd.; PCE, PURCH MGRSS iirrA2 City of Fayetteville Bid 12-74, Construction — Asphalt Micro -Surfacing Bid Form — REVISED PER ADDENDUM 4 Contract Name: Bid 12-74, Construction - Asphalt Micro -Surfacing Bid Number 12-72 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Vavic e �CDTln2. i 1 ✓t�i REVISED BID FORM PER ADDENDUM 4 526 r 1,4-Oi «aviScc,s Ci 1,480 Section 1 - Intent: A. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 -- Terms & Conditions: B. Bidder accepts alt of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 - Bidder's Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: ' Number Date #1 I 0 - ---12- #2 /0 -5-12 #3 #4 10-'-2- f0-l4,-12 B.) 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. City of Fayetteville, Arkansas Bid 12-74, Addendum 4 — REVISED BID FORM Page 2 of 8 Telecommunications Device for the Deaf TDD 479) 521-1335 113 West Mountain- Fayetteville, AR72701 C.) 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. D.) Bidder has carefully studied all: (1) 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 (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E.) Bidder has obtained and carefully studied (or assumes responsibility for having done 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 otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited 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, Arkansas Bid 12-74, Addendum 4 — REVISED BID FORM Page 3 of 6 Telecommunications Device for the Deaf TDD (479) 521-1316 113 west Mountain - Fayetteville, AR 72701 1. L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 2. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. 3. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4— Base Bid Price: Line Item 1 2 3 4 5 Description Microsuriacing (18-22 Ibs/SY) Microsurfacing (in excess of 22Ibs/SY) Microsurl`acing in Wheel Ruts Unit of Measurement Per•Square Yard Per Pound Per Pound Estimated Quantity 23,000 40,000 40,000 Line Item U PriceUnit Price . 0 $ 07,' $ 0.675 75 6 . 0 s $ 7� . N/A: Bid items.removed per Addendum 4, Dated 10/16/12 1 Line item Total N!A: Bid Items removed per Addendum 4, Dated 10/16/12 Total Base Bid (Sum of items 1-3): $ %(o, Lt7O.`r) $3, 000. $72,1/70.°° Section 5 — Listing of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. N/A Section 6 — Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 -- Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: City of Fayetteville, Arkansas Bid 12-74, Addendum 4 — REVISED BID FORM Page 4 of 6 Telecommunications Device for the Deaf TDD (4741 521-1316 113 West Mountain - Fayetteville. AR 72701 -77v14 HevrftX WO Vex.0 e 5(0&fS t Phone No. 6-0 ! — 23 5 — go( 4 (4 FAX No. SIL-- 91S- V171. 2_. Section 8 - SIGNATURE: A) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this 1 !vim Date of 0cl-o &r , 20 / Z Arkansas State Contractor License No. 005 7 LIr o If Bidder is: OPTION 1: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: OPTION 2: A Partnership Partnership Name: (SEAL) By: (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OPTION 3: A Corporation - 2 GO i Corporation Name: fO (C� t x�"1'�� 1116C(SEAL) Date of Incorporation: 1i-31 `50 City of Fayetteville, Arkansas Bid 12-74, Addendum 4 — REVISED BID FORM Page 5 of 6 VANCE BROS. INC CORPORATE SEAL MISSOURI VANCE BROS. INC. (816) 923-4325 Telecommunications Device for the Deaf TDD (474) 521-1316 113 Wiest Mountain - Fayetteville, AR 72701 Type (General Business, Prot ss'onal, Service, Limited Liability): &e lefa) I 453 ' te55 By: (Si e — attach evidence of authority to sign) at Name (type or printed): I (4 VICi_v1Le-- Title: V t Ce �i'�I e114- (CORPORATE Business address: 2-O I 13y c Fov VANCE BROS. INC CORPORATE SEAL MISSOURI Sr, EAL)VANCE BROS. INC. (816) 923-4325 1 Phone No.: gl6--` 23"` 113Z FAX No.: 516 -9 Z3. 6'2/72- City 2/7Z City of Fayetteville, Arkansas Bid 12.74, Addendum 4 - REVISED BID FORM Page 6 of 6 Telecommunications Device for the Deaf TOD (479) 521-1316 4,13 West Mountain-Fayettevikle, AR 727(11 City of Fayetteville Bid 12-74, Construction — Asphalt Micro -Surfacing Vendor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: V Ixiicie 14:!:; i 1 C' BUSINESS ADDRESS:`J~ 2.-0 ) 5,4-i�1�. � v1 �So Cic-F- 1 J ►O �9/ , / NUMBER OF YEARS IN BUSINESS: 1/ HOW LONG IN PRESENT LOCATION: ^'7 TOTAL NUMBER OF CURRENT EMPLOYEES: 30 0 FULL TIME .3 6 d PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 2-0 FULL TIME PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields mu t be completed). Contractors shallthave valid experience. 1. 5� a c tnQ d 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR Bid 12-74, Construction — Asphalt Micro -Surfacing Page 28 of 32 Statement of Bidders Qualifications References for Micro -Surfacing City of Lawrence, KS 2011 Micro -Surfacing Program Mr. Steven Lashley 785-832-3137 $906,980.57 August 2011 City of Midwest City, OK Micro -Surfacing Mr. Vaughn Sullivan 405-739-1397 $220,065.30 May 2011 Clay County MO Micro -Surfacing Mr. Dwayne Jackson 816-407-3630 $480,971.06 July 2011 Clay County MO Micro -Surfacing Mr. Dwayne Jackson 816-407-3630 $264,189.18 July 2010 Missouri Dept. of Transportation Micro -Surfacing Nodaway County Mr. Larry Jacobson 660-582-3300 $467,978.27 Oct 2010 City of Fayetteville Bid 12-74, Construction — Asphalt Micro -Surfacing Debarment Certification Form — THIS FORM SHOULD BE SUBITTED WITH ALL BIDS As A BIDDER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: VC.viCe o4 )(S, trG PHYSICAL ADDRESS: 2-0/ r1(. v MAILING ADDRESS: Fo • .c;)x 300 /67 PHONE: '76-723 132 FAX: 816 r1/772 - EMAIL: SIGNATURE: DATE: /O `I7 NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.406-2, GPO instructions f 1O.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil Judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business Integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(8)(2) Drug Free Workplace Act of 1988.) TREATMENT: Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the City determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that Is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 12-74, Construction — Asphalt Micro -Surfacing Page 28 of 32 City of Fayetteville Bid 12-74, Construction — Asphalt Micro -Surfacing Statement of Disclosure — To Be Submitted With ALL Bids This page does not count towards page limitations set forth in this request for proposal or bid. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: V 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Vaal ce- Printed Name Signature Date /d -/6-l2_ City of Fayetteville, AR Bid 12-74, Construction — Asphalt Micro -Surfacing Page 30 of 32 Bid 12-74, Addendum 1 Date: Monday, October 01, 2012 To: All Prospective Vendors From: Andrea Foren, CPPB, CPPO — 479.575.8220 — aforen(cr?ci.favetteville.ar.us RE: Bid 12-74, Construction —Asphalt Micro -Surfacing .k aye evi ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the bid form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. • Bid 12-74, has the following modifications and clarifications: 1.) The City will release all work presented in the at one time with a single Notice to Proceed. 2.) Work shall be completed within thirty (30) calendar days of Notice to Proceed. 3.) The City will not hold any retainage from payments associated with this project. 4.) There will be no liquidated damages associated with this bid. City of Fayetteville, Arkansas Bid 12.74, Addendum 1 Page 1 of 1 Acknowledge Addendum #1: Printed Name: jig VatY1LE- Signature: Icieraw Title: +c2 �P -5r4&, ' Date: /U -/ i Company: VGtICP 6041651 I . Telecommunications Device.for the Deaf TDD 4741521-1316 113 West Mountain - Fayetteville, AR 72701 Bid 12-74, Addendum 2 Date: Friday, October 5, 2012 To: All Prospective Vendors From: Andrea Foren, CPPB, CPPO — 479.575.8220 — aforen@ci.favetteville.ar.us RE: Bid 12-74, Construction - Asphalt Micro -Surfacing aye ev! le This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the bid form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. • Bid 12-74, has the following modifications and clarifications: 1. Square yard quantities of microsurfacing were calculated based on the red highlighted areas in the drawings. The City may adjust the project limits based on actual field conditions. The actual square yardage of microsurfacing placed will be measured, and payment will be made at the per square yard price bid for the actual quantity measured. 2. The crack fill quantity provided is an estimate and would also be adjusted based on actual quantities. 3. Thermo striping has been applied and will need to be at least scuffed up for the material to adhere. The City shall be responsible for scuffing existing striping. 4. The City will be responsible for taking care of the grass covering the shoulders. 5. Contractor shall be responsible for killing and removing the grass from the streets and curb lines. City of Fayetteville, Arkansas Bid 12-74, Addendum 2 Page 1 of 1 Acknowledge Addendum #2: Printed Name: —.1e ; ekvECe - Signature: Title:Vi&'FelE ofrbate:/0-I' -)Z Company: \ball Ce 7,/t77td0 11 l I V ( - Telecommunications Device.for the Deaf TDD (479) 521-1316 113 West Mountain Fayettevilte,AR72701 Bid 12-74, Addendum 3 Date: Tuesday, October 09, 2012 To: All Prospective Vendors From: Andrea Foren, CPPB, CPPO — 479.575.8220 — aforenaici.favetteville.ar.us RE: Bid 12-74, Construction — Asphalt Micro -Surfacing This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the bid form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. • Bid 12-74, has the following modifications and clarifications: 1. Residual asphalt limits in Section 4.7.1 of the Specifications are hereby revised to 6.0% to 10.0% by dry weight of aoareciate. 2. Section 4.6.1 is hereby revised to provide for a curing time so that normal traffic can be permitted in one hour instead of one half hour. 3. Replace section 12.2 Test Strip with the following: a. 12.2 Test Strip. Prior to the application of the micro -surfacing mixture, the CONTRACTOR shall place a test strip, at a location established by the Engineer, to demonstrate the compatibility of the modified emulsion and the mineral aggregate under field conditions. This test strip shall also be used to demonstrate mix uniformity and compliance of the mix to the requirements of proportioning of the asphalt, mineral aggregate, mineral filler, polymer modifier, set -control agent and water. The test strip shall be at least 152 meters (500 feet) in length, and the width of one lane and shall consist of the application courses specified in the contract. The test strip shall be conducted at the same time of day or night the full production will be applied, in the presence of the Engineer and a Department Materials Laboratory representative, at least hours (24) hours prior to the CONTRACTOR'S intended start-up date for microsurfacing placement. The Engineer shall evaluate the test strip after has fully cured to determine that the mix design and materials are acceptable. A new test strip shall be performed when the test strip is deemed unacceptable, a change in the mix design become necessary or as directed by the Engineer. The establishment of a test strip will be considered incidental, however the approved test strip will be measured and paid for in accordance with the contract provisions for the actual square yards of micro - surfacing placed. Failure of the test strip shall require the CONTRACTOR to completely remove the test strip with no compensation for the labor, equipment or material to place, remove or properly dispose of the failed test strip. Method or equipment substitutions used and approved by the Engineer in the test strip, shall be used in field production. 4. Replace Section 21 with the following: a. 21. Contractor Qualification Requirements. b. 21.1 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. Qualification will be determined based on information provided as follows. All information is required for contract approval City of Fayetteville, Arkansas Bid 12-74, Addendum 3 Page 1 of 2 Telecommunications Device for the Deaf TDO (479) 521-1315 113 West Mountain - Fayetteville, AR 72701 c. 21.2 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 16.1 herein. City of Fayetteville, Arkansas Bid 12-74, Addendum 3 Page 2 of 2 Telecommunications Device for the Deaf TDD (479 521-1316 113 west Mountain - Fayetteville. AR 72701 Bid 12-74, Addendum 4 Date: Tuesday, October 16, 2012 To: All Prospective Vendors From: Andrea Foren, CPPB, CPPO — 479.575.8220 -- aforenaci favetteville.ar.us RE: Bid 12-74, Construction —Asphalt Micro -Surfacing aye evi le This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the bid form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. • Bid 12-74, has the following modifications and clarifications: 1. The bid deadline is hereby extended. All bids shall be received before Thursday. October 18. 2012 before 3:30 PM. local time. No late bids shall be accepted. 2. The bid form has been revised with this addendum. All bidders shall use the revised enclosed bid form. Failure to use the appropriate bid form can result in bid rejection. 3. Tack coat and crack sealing shall not be required and is hereby removed from all specifications. 4. The City anticipates this project going before City Council for award on Thursday, November 08, 2012. City of Fayetteville, Arkansas Bid 12-74, Addendum 4 — REVISED BID FORM Pa 1 of 6 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain-Fayetteville, AR727©1 1� GUS` Ce. ��.si den- - 1Jotvlce 5, -04 -kers, (y1C /0-I6-12 aye evi ARKANSAS Project Check List Bid 12-74, Construction — Asphalt Micro -Surfacing This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates) from a bank located in the State of Arkansas. Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. 1 111 7 All bidders shall submit the following forms with each bid: Bid Form, any Addenda, Vendor References, Debarment Certification Form, & Statement of Disclosure. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents 71 All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 ,ta _rs114c. CONTRACTOR NAME: \xvtCe ARKANSAS CONTRACTORS LICENSE NUMBER: 00 .571110 7110 `- City of Fayetteville, AR Bid 12-74, Construction — Asphalt Micro -Surfacing Page 3 of 32 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Vance Brothers Inc. 5201 Brighton Avenue PO Box 300107, Kansas City. MO 64130-0107 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 175 Berkeley Street, Boston MA 02116 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHERErAS, the Principal has submitted a bid for Bid #12-74 Construction - Asphalt Micro -Surfacing NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such. Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this 16th day of October VANCE BROS. INC CORPORATE SEAL Inc. rth c0 r,r Surety Phone No. 817-357-9500 AIA DOCUMENT A310 r BID BOND 0 AIA • FEBRUARY 1970 ED • TIIE AMERICAN INSTITUTE OF ARCIIITECTS,1735 N.X. AVE., NW., WASHINGTON, DC.20006 This Power of Attorney limns the acts of Mass named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, ban, teltarofcredit, bank deposit, currency tats. Interest rate or residual value guarantees. To confrm the"validity of this Power of Attorney calf 610.832•8240 between 9:80 am and 4:30pm EST on any business day. American fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That Amadean Fire & Casuaay Company and The Ohio Casualty insurance Compnnyore corparetors duly organised under the taus of the State of Ohio, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, that Peerless Ir wtxanoe Company is a cotporaboa duty organized under the laws atihe State of New Hampsifre, and West American Insurance Com pang b aoorporaliondufit o amts under the laws of the Slate of Indiana (herein Wfectvelycased80. Companies').pursuan to and byau9writyhereinset forth,does herebyname.constituteand appoin remlaL. Linze of the dly of Kansas City .slate of _MO its true and lawful attemsy indact, with Rd power and authority hereby eonterred to sign, execute and aetmowledge the following surety bond: Principal Name: Vance Brothers, Inc. obliges Name:. City of Fayetteville, Arkansas Surety Bond Number: Bid Bond Bond Amount: Set Bond Form IN WITNESS WHEREOF, (his Pow_ er of Attorney has been subscribed by an authorized ollicer or Official of the Companies and the corporate seals of the Companies have been affixed therete this day ofMay. Amerirxn Firs and Casualty Conipa(ly o Y INa'p '�+hw.y - spnAHp - �t MFR r� ° °o '� `°°: °""° ` "`°" „° 'f 1907 ell*' a sc $E L o t ia4 $EALQe '�yt ��°.. wn. 'FEfN£.M� '�Ncappeb By: Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON as COUNTY OF KING On this &d day of . Z4]2. before me personally appeared Gregory W. Davenport, who acknowledged himself to be on Assistant $screiary of Arrrerlcun Fire and Casualty Company, Liberty Mutual insurance Company. The Ohio Casualty Company, Peerless insuranco Company, and West American insurance Company, and that he, as such, being authorized note do, executethe foregoing Ins urane I for the purposes ahereln contained by hdgning on behalf of the corporations by himself as a duly authorized oftcar. IN WITNESS WHEREOF; I have hereunto subscribed my name andaffnred mynotadai seal atSea0le, Waethtrrglon, an the day and year &d above written. ?I ,� N0TAr[Y Byi. ^ -- PUKD Riley, otary Public, Notary Pubiro -. 0F�A5�" This Power of Attorney Is made and executed pursuant to and by aotbody or the fofewfrg Bylaws and Authorizations of American Fire and casudty, Company, The Ohio Casualty Insurance Company. Liberty Mutual lasurance Company. Peerless Insurance Company, and West American insurance Company which msolunons are now in Mtfwco mid effect reading as follows ARTICLE N — OFFICERS — SeWion 12. Power of Aitomey. Any,of ffcaror other otfcl$ of the Corporati n authortredfar than purpose In writing by the Chahmsn or the President, and subject to such limitation as the Chairman or the Praeklecil may Presalbe.shat<appOW h.athmeys talaclras. maybe necessary toast in behalf of the Corporalbn b mate, execute, seat acknowledge and deliver as surely salt "and all underle s bands, reaogrdxenoesand otter surely obrgatse. Such alameys454ad. subject td thetgn@tegons set forth in that respective powers of stiomriy, Shen have full power to bind tie Corporatist by their slgnabme and execution of any such instruments and to atedu tkterelo Ste sash uftrs:Corpanahbri. When so accorded, such brsbuments shall be as binding es If signed by the President and attested fo by theSeoreiary. Any poweror sa9hority granted to any rep res. taaveOf anonley- infact under the preulsions of this crude maybe revoked at any time by the Board, the ctralnitan, the president 0.r by the otfoer or sincere granting such pow paweroraruthodty. ARTICLE x111 —:Execution of Controls - SECTION S. Surely Bonds aid Underlaklrogs. My officer of the Company authorized for that purpose in wiling by the dwtman.or the president, and subject to such finitatonns as the chairman or the president may prescribe, shaWeppofnt such ettornayarin fad, as may be necessaryb ad.ln'bshaf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recotedzanousend othersuretyobligations. Such eowneysirr•f subjecttothelimllatonaset forth in their respacthre powers of attway, shag lent frill poet to bind the Conipaihy by thetethma and "exaar5sn of any suck instruments and to attach thereto the beat of the Company When doexd suck Instrunnentsslhattbeasbindirig"as If signed bythe pr alderdendattestedbylhesecralary. Certi(leate"of Designation -The President 01 11* Company, acting pursuant ie the Bylaws of the Company, authorizes Gregory W. Davenport. Assistant Secretary to eppobd such atbmeys.Mad as may be accessary to set cn behalIof the Company b"make,"execute, seal, acknowledge and.dditvoran surely any and alt undertakings, bonds, recog izances and olhersuretyob1 nli nS. Authorization — By unanimous. conaentof the Company's Board of Directors, the Company consents that faesimfe or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a oet(ised copy of any power of attorney Issued by the Company in connection vnth Surety bonds..shal be valM and biding upon t e Company with the'santo Was and effectasthoughmanuallyalibied. I, David M. Carey, lieu nderslgeed, Asalstard Secretary, of American Fire and Casualty Company, TheOhlo Casualty insurance Company, Liberty Mutual insurance Company, Peerless insurance Company, and West American Insurance Companydohereby.certfy that theoriginal powerof"att rneyof w hichthe foregoing lea Nf, true and correcicopy of the Powerof Attorney axe uted by soldCanpantes, is in, full form and ofied w4 has not been revoked. IN TESTIMONY WfiERt OP. I have hereWrto Wmy hard and affixed Me saats of said Companies this 16 day of October 2t2 , ciPTi FrRF t35hNd(,. un*4 5unAHCPo .t1�9 AMB, tPM°'ur! p. rPiP y y 1'�d� y� By: SEAL SEAL o"T :'' ' :SBAL David M. Carey, Assistantseuetery MUIRTHE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS CONTRACT Reference Bid: Bid 12-74, Construction -- Asphalt Micro -Surfacing Contractor: Vance Brothers, Inc. This contract executed this � day of , 2012, between the City of Fayetteville, Arkansas, and Vance Brothers, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: Vance Brothers, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-74 as stated in Vance Brothers, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12- 74, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Vance Brothers, Inc. based on their bid proposal in an amount not to exceed unit pricing as presented in Bid 12-74. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Vance Brothers , Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-74 with the specifications and conditions typed thereon, inclusive of any addenda. B. Vance Brothers, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Vance Brothers, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Vance Brothers, Inc. 5. Vance Brothers, Inc. shall not assign its duties under the terms of this agreement. 6. Vance Brothers, Inc. 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 Vance Brothers, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Vance Brothers, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the 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, Vance Brothers, Inc. 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. Bid 12-74, Construction — Asphalt Micro -surfacing Page 1 of 2 Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Vance Brothers, Inc. 8. Vance Brothers, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Vance Brothers, Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. 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. WITNESS OUR HANDS THIS, 41I DAY OF , 2012. CITY OF FAYETTEVILLE, FAY TTEVI , ARKANSAS LI NEL DAN, Mayor ra Smith, City Clerk BY rcc VOI1C2 V}CSdn`- NAME AND TITLE T S COMPANY SECRETARY 5201 r X4O Yt f :y 5ctS C tyr N[O 6Y I30 BUSINESS AD1RESS Bid 12-74, Construction - Asphalt Micro -surfacing Page 2 of 2 •equis onNo: . Uate: City Of Fayetteville - Purchase Order (PO) Request 1 611 8 120 1 2 (Not a Purchase Order] NumberDelivery Date: An purchases under $2500 shall be used on a P -Card unless medical or 1099 servke related. (Cap x256 with quesllons) All PO Request shall be scanned to the Purchasing e-mail: Purchasln 1 fayettevt le.ar.us Vendor it: Vendor Name: Vance Brothers, Inc. Yes:_ Na;x_ Address; FobPoint: Taxable Quotes Attached 5201 Brighton Yea: x No: Yea No: X City: State: Zip Code: Ship to code: Dives al: Kansas City Missouri 94130 104 Requester: Requester's Employee #: Extension: Ginny Gundlach 2283 489 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pre ctlSub ra ea.9 inventory it Fixed Asset N ,I Asphalt Microsurlacing (18- 23000 SY 2.89 $66,470.00 4470.8470.6417.00 0205211 22 Ib5ISYJ 2 Asphalt Micrasurfacing (in 40000 LB 0.08 $3,000.00 4470.0470.5417.00 0205211 excess of 22 Iba1SY) Asphalt Microsurfacing In 3 40000 L8 0.08 $3,660.00 4470.8470.5417.00 0205211 Wheel Ruts 4 $0.00 5 $0.00 6 - $0.00 7 $0.00 a $0A6 9 $0.00 10 $0.00 • ShippIn /Handling Lot Special ns ns; Subtotal: 572,470.00 Contractit. Per Bid 12-74 & Rea Tax: $0.00 Total: $72,470.00 Approvals: Mayor: Department Director' Purchasing Manager: Finance 4. Internal Services Director: Budget Manager: IT Manager'. Dispatch Manager: Utllifies Manager: Otfter: A' Ef CERTIFICATE OF LIABILITY INSURANCE 1 D �zMMz'YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cretcher Heartland Incorporated 4551 West 107th Street, Third Floor Overland Park KS 66204 CONTACT NAME: Theresa Bebout PHONE FAX Arc No Ent:(A!C.NO):9164.4148 E-MAIL ADDRESS: TBebout@CretcherheartIand.coin PRODUCER CUSTOMER ID #: VANCE01 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED Vance Brothers, Inc. 5201 Brighton INSURERA:Navi ators Insurance Co 42307 nINSURERS:AY oaut Insurance Co 19801 INSURERC:Valley Forge Insurance (CNA) 205O8 Kansas City MO 64130 INSURERD:Continental Insurance Co (CNA} 35289 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 1451211647 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADD POLICY NUMBER MMrDD EFF MMJ tDID LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Contr. Liab. Y 4034345990 1/1/2012 1/1/2013 EACH OCCURRENCE $1,000,004 DA&4AGETO RENTED PREMISES Eaoccurrence $300, 00O MED EXP (Any one person) $5,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER! POLICY X PRO- LOG PRODUCTS-COMPIOPAGG $2, 0O0, 000 $ D AUTOMOBILE LIABILITY ANY AUTO ALL OWNER AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4O34346024 1/1/2012 1/1/2O13 COMBINEDSINGLELIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLALIAB EXCESSLIAO X OCCUR CLAIMS -MADE SZ12EXC7018381V 1/1/2012 1/1/2013 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y r N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N IA WC92O75O8285514 1/1/2012 1/1/2013 X I WC STATU- 0TH - E.L. EACH ACCIDENT $1,000,000 EL. DISEASE - EA EMPLOYEI $1, 000,000 E,L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS r VEHICLES (Attach ACORD 101, AddIdonal Remarks Schedule, If more space Is required) Re: City of Fayetteville, Arkansas - Bid 12-74 Asphalt Microsurfacing. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 113 West WITH THE POLICY PROVISIONS. City of Fayetteville, Arkansas Mountain Street Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE 1144- 45) 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD A is —q4 ) Vva 2U -I2--. ACOR,D® CERTIFICATE OF LIABILITY INSURANCE DArE(MMIODnYYY, 12/26r2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Cretcher Heartland, LLC 4551 W. 107th St., Third Floor Overland Park KS 66207 NAME: PHONE FAX A!C No);913-643-4 148 E-MAIL INSURERS AFFORDING COVERAGE NAIC S INSURER A Navigators Insurance Co 2307 INSURED VANCE01 INSURER B:Argonaut Insurance INSURER C ContinentalInsurance Vance Brothers, Inc. 5201 Brighton Kansas City MO 64130 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1222658303 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. ILT R LTR TYPE OF INSURANCE ADD. U8 POLICY NUMBER MMODY EFF MMIDCD�Y LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Contr. Liab. Y 03434590 1/1/2013 1112014 EACH OCCURRENCE $1,000,000 GEiO RENTED PRISES(Ca aaurrence $300,000 MED EXP (Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 4034346024 1/112013 1112014 Ea accident$1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident $ UMBRELLA UAB X EXCESS UAB OCCUR CLAIMS -MADE SE13EXC701B281V 1112013 1112014 EACH OCCURRENCE $10,000,000 X AGGREGATE $10,000,000 DED I RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I[yes, describe under DESCRIPTION OF OPERATIONS below NIA VC927&28285514 1112013 1112014 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEI $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Re: City of Fayetteville, Arkansas - Bid 12-74 Asphalt Microsurfacing. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville, Arkansas ACCORDANCE WITH THE POLICY PROVISIONS. 113 West Mountain Street Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) r The ACORD name and logo are registered marks of ACORD � I THE AMERICAN INSTITUTE OF ARCHITECTS 1IIIIi 111111 I11lIhJ1IiIIi 11111 I111I iJII IJHI if 11111 11111 III1111111111 Doc ID: 015279230008 Type; LIE Kind; PERFORMANCE BONDI Recorded: 07/08/2013 at 12:51:51 PM Fee Amt: $50.00 Page 1 of 8 Washington County, AR Kyle Sylvester Circuit Clerk Bond No. 674021441 FileBO31-00000990 A!A Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Vance Brothers, Inc. 5201 Brighton Avenue PO Box 300107 Kansas City, MO 64130-0107 OWNER (Name and Address): City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 CONSTRUCTION CONTRACT Date: December 4, 2012 Amount: $72,470.00 Seventy Two Thousand Four Hundred Seventy Dollars and 00/100 Description (Name and Location): Bid #12-74 Construction -Asphalt Micro -Surfacing BOND June 14, 2013 Dale (Not earlier than Construction Contract Date): Amount: $72,470.00 Seventy Two Thousand Four Hundred Seventy Dollars and 001100 Modifications to this Bond: x❑ None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: Vance Brothers, Inc. Signature: IW Name and T' u ti e (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and AGENT or BROKER: Thomas McGee, L.C. PO Box 419013 SURETY Company: (Corporate S�J �NsuR,r�r ny Liberty Mutual Insurance Company 1912 N Signature: zL Name and Title:Brenda L. Linze Attorney -in -Fact Surety Phone No.: 617-357-9500 OWNER'S REPRESENTATIVE (Architect: Engineer orother parry): Kansas City, MO 64141-6013 816-842-4800 I ALA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA® THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312.1984 THIRD PRINTING • MARCH 1987 II I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 II there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surely at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surely to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe. lion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasons able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub. paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 when the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the (allowing actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner (or a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 In ex. cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or Deny liability in whole or in part and notify the Owner citing reasons therefor. S It the Surety does not proceed as provided in Paragraph 4 with reasonable promptness. the Surety shall be deemed to be in default on this Bond fifteen days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surely proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surely has denied liability. in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surely elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure• ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligationsof the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set oft on account of any such unrelated obligations. No right of action, shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ. ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of thework is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surely refuses or fails to perform its obligations under this Bond. whichever oc- curs first. lithe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail. AIA DOCUMENT A312 • PERFORMANCE UOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20005 THIRD PRINTING • MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shalt be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to'be received by the Owner in settlement of insurance or other, claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor,waived,'to per. form or otherwise to comply with the terms of the Construction Contract. 1 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply withrthe other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 19 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond NO.674021441 A/A Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Vance Brothers, Inc. 5201 Brighton Avenue P O Box 300107 Liberty Mutual Insurance Company Kansas City, MO 64130-0107 175 Berkeley Street OWNER (Name and Address): Boston, MA 02116 City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 CONSTRUCTION CONTRACT CT2 Date: ecemDAmount: $72,470.00 Seventy Two Thousand Four Hundred Seventy Dollars and '00/100 Description (Name and Location): Bid #12-74 Construction -Asphalt Micro -Surfacing BOND Date (Not earlier than Construction Contract Date): June 14, 2013 Amount: $72,470.00 Seventy Two Thousand Four Hundred Seventy Dollars and 00/100 Modifications to this Bond: ❑ None © See Page 6 CONTRACTOR AS PRINCIPAL n 4 SURETY Company: (Co rat) Company: (Corpora Vance Brothers, Inc. ? Liberty Mutual Insurance Company . �- 1912 Signature: Signature: C_ Name and Tit :�uEic. P-rcrdse, Z . Name and Title: renda L. Linze Z Attorney -in -Fact y O Surety Phone No.: 617-357 ,95C (Any additional signatures appear on page 6 ' r (FOR INFORMATION ONLY - Name, Address AGENT or BROKER: Thomas McGee, L.C. PO Box 419013 Kansas City, MO 64141-6013 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20000 A312-19.84 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally. bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor. materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void If the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described In Paragraph 12) and sent a copy, or notice thereof, to the Owner, slating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety. that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surely's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. T The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 6 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated 'to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surely shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of. competent jurisdiction in the location in which the work or' part of the work is located or after the expiration of one year from the dale (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. ALA O THE AMERICAN INSTITUTE OF ARCHITECTS. 1'35 NEW YORK AVI.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING .MARCH 1987 A312-1984 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. I 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, Including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Consiruction'Contract or to perform and complete or comply with the other terms thereof. SEE ATTACHED MODIFICATION (Space is provided below for additional signatures of added parties, other than those appearing on the cover, page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AW THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312.1984 6 THIRD PRINTING • MARCH 1987 Lrbe-.ri)r Interchange Corporate Center rr 450 Plymouth Road, Suite 400 [1i12l 1VIi Plymouth Meeting, PA. 19462-1644 Ph.(610) 832-8240 RIDER AMENDING PAYMENT BOND This rider is to be attached to and form a part of surety bond number 674021441 , dated the 14th day of June 2013 executed by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), on behalf of Vance Brothers, Inc. as Principal (the "Principal"), In favor of City of Fayetteville. Arkansas as Obligee (the "Obligee`l). WHEREAS, the Principal has by written agreement dated the 4th day of December, 2012 entered into a contract (the "Contract's with the Obligee for: Bid #12-74 Construction - Asphalt Micro -Surfacing WHEREAS, upon the request of the Principal and Obligee, the attached bond is hereby amended as follows: I 1. Paragraphs 4.1 and 4.2.3 are amended by adding at the end of each paragraph "...and furnished to Surety an explanation of the claim and copies of documents' on which the Claimant relies to support the claim 2. Paragraph 5 is replaced with the following: If a notice required by paragraph 4 is given by the Owner to the Contractor and to the Surety, that is sufficient compliance. 3. Paragraph 6 is replaced with the following: When the Claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation, and any sworn proof of daim, requested by the Surety, the Surety shall, within a reasonable period of time, which shall not be less than 45 days, respond to the Claimant and offer to pay or arrange for payment of any undisputed amount; provided, however, that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to ail or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have or acquire as to such claim, Including, without limitation, any right to dispute such claim. I In no event shad the Surety's liability to any Claimant under this Bond exceed the sum properly due such claimant. This change is effective as of the effective execution date of the Bond to which it is attached. The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. JWITNESS WHEREOF, said Pri5V1J and Surety have caused these presents to be duty signed and sealed{ this 4th day of Vance Brothers, Inc. v n < By) pct (Principal) mj Title: o -Om Co Date: - 8—/ rp _ LIBERTY MUTUAL. INSURANCE CCfxj By. (Surety) ; C m0 Title: Attorney -In -Fact Brenda L. Linze I * a9 f1? Date: June 14, 2013 i I LMIC-3060 2108 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.632.9240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companles'). pursuant to and by authority herein set forth, does hereby name, constitute and appoint Brenda L. Linze of the city of Kansas Cjy state of MO its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Vance Brothers, Inc. Obliges Name; City of Fayetteville, Arkansas Surety Bond Number: 674021441 Bond Amount: See Bond Form 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 Companies have been affixed thereto this L day of December. 2012. *ero CAs American Fire and Casual Company ,��ar �l� �. ' ac '�r� The Ohio Casualty Insurance Compay �`` S Liberty Mutual Insurance Company 19O6 3 1912 av o 1919 �' 1991 WestAmerican Company G �HAMr'�a wi �7fS �? `,S� �Y Z' 3 t� ( NA T nIAN* 8y: ____ * * * * Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING On this 1st day of December. = before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he. as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. 1. �tieY aun%Rc By:. KD Riley, otary Public, Notary Public - ag WA This Power of Attorney is made and executed pursuant to and by authority of the following Byaaws and Aullhorizalioms of American Fee and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Companywhic h resokrtlons are now in full force and effect reading as follows: ARTICLE N — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose In writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in fact, as maybe necessaryto act fn behalf of the Carporalian to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such alt mays-9rfaG, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shag be as binding as it signed by the President and attested to by the Secretary. My power or attlhorily granted to any representative or attorney intact under the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xlli — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chalrnran or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -In -fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognhances and other surely obligations. Such attorneys -intact subject to the limitations set forth in their respective powers of attorney, shall have fug power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as U signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary 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 obligations. Authorization — By 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 certified 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 force and effect as though manually affixed. I, David M Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing g Is a fug, true and correct copy of the Power of Attorney executed by said Companies, Is In full force and effectand has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th dayof June 2013 4p�fl SAS hNSU Y INSU h115tr I� 19O6 3 a 1912 c 1919 v 1991 Sy ® DATE (MMIDDIYYYY) a� o CERTIFICATE OF LIABILITY INSURANCE 6118/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: _ ;retcherHeartland, LLC PHONE913 341 0000 FAAXC He: 1551 W. 107th St., Third Floor E-MAIL )verland Park KS 66207 ADORE S INSURERS AFFORDING COVERAGE NAIC C INSURER A:Aff1AnAllt InstirRnrCn h 9801 INSURED Vance Brothers, Inc. 5201 Brighton Kansas City MO 64130 VANCE01 INSURER C: INSURER 0: F: r_nVFPA/ F:C CERTIFICATE NUMBER- 117c,ZR4cnR 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 L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR LTR TYPE OF INSURANCE BBL 4U9ft POUCY NUMBER POUCY EFF IDD MM/DO POLICY EXP UMITS 8 GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 034345890 111!2013 /112014 EACH OCCURRENCE $1,000.000 PREMISES Ea occurrence $300,000 MED EXP (Any one rson $5,000 PERSONAL 5 ADV INJURY $1,000,000 GENERAL AGGREGATE $2000000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS-COMPIOP AGO $2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED N-0 HIRED AUTOS AUTOS 4034346024 /112013 11/2014 COStBINEDSINGLEUUIT Ea accident$1,000,000 BODILY INJURY (Per Person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per a 'den $ S UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSAnON AND EMPLOYERS' LUtBIUTY Y I N ANY PROPRIETORIPARTNER,EXECUTIVE F OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yea, describe under DESCRIPTION OF OPERATIONS below N 1 A 927628285514 !1/2013 11!2014 X WC STATU- X OTH- Out of State E.L. EACH ACCIDENT $1,000 000 E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace h required) Re: City of Fayetteville, Arkansas. Bid No 12-74 Asphalt Microsurfacing. City of Fayetteville is an additional insured as respects General & Auto Liability. trtKIIFIt.AIt_MVLUtI'C 44I'I.. LLAIIVIY City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD