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HomeMy WebLinkAbout139-14 RESOLUTIONRESOLUTION NO. 139-14 A RESOLUTION TO AWARD BID #14-42 AND AUTHORIZE A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $256,480.00 PLUS A CONTINGENCY OF $25,648.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS 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 #14-42 and authorizes the Mayor to sign a contract with Vance Brothers, Inc. in an amount not to exceed $256,480.00 plus a contingency of $25,648.00 for Asphalt Micro -Surfacing of city streets. PASSED and APPROVED this 5th day of August, 2014. APPROVED: ATTEST: By: _ 'j e- J..& SONDRA E. SMITH, City Clerk/Treasurer ttsi+rrri, `��`���RK•� T RFq ``�. : FAYETTEVILLE: w Gam• y P� f j O City of Fayetteville Staff Review Form 2014-0331 I-egistar File iD 8/5/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Terry Gulley 7/18/2014 Transportation Services / Transportation Services Department Submitted ey Submitted Date Division Department Action Recommendation: A resolution awarding Bid 14-42 Construction - Asphalt Microsurfacing to and approving a contract with Vance Brothers, Inc. for the amount of $256,480.00 and approving a 10% project contingency of $25,648.00. 4470.9470.5417.00 Account Number 02052 / 1 Budget Impact: Sales Tax Capital Improvements Fund In -House Pavement Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 1,840,293.00 Funds Obligated $ 866,068.52 Current Balance $ 974,224.481 Does item have a cost? Yes Item Cost $ 282,128.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget I 692,096.48 V20140610 Previous Ordinance or Resolution #�D VAI ! Original Contract Number: Comments:(/!� 't(,,A QL - -7,21-UIY CITY OF • T. e eel e ARKANSAS MEETING OF AUGUST 5, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Terry Gulley, Transportation Services Director DATE: July 17, 2014 SUBJECT: Bid 14-42, Construction -- Asphalt Microsurfacing RECOMMENDATION: Staff recommends approval of a resolution awarding Bid 14-42 Construction - Asphalt Microsurfacing to and approving a contract with Vance Brothers, Inc. for the amount of $256,480.00 and approving a 10% project contingency of $25,648.00. BACKGROUND: Sealed formal bids for the purchase of asphalt microsurfacing were publicly read and the results are attached to this memo. DISCUSSION: 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 modem 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. BUDGET/STAFF IMPACT: Funds for the purchase of asphalt microsurfacing have been budgeted in the In -House Pavement Improvements capital project. Attachments: Bid Tabulation Bid Submittal Contract Purchase Requisition Mailing Address: 113 W. Mountain Street www.faye"eville-argov Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO AWARD BID #14-42 AND AUTHORIZE A CONTRACT WITH VANCE BROTHERS, INC. IN THE AMOUNT OF $256,480.00 PLUS A CONTINGENCY OF $25,648.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS 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 #14-42 and authorizes the Mayor to sign a contract with Vance Brothers, Inc. in an amount not to exceed $256,480.00 plus a contingency of $25,648.00 for Asphalt Micro -Surfacing of city streets. PASSED and APPROVED this 5th day of August, 2014. APPROVED: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer CITY OF ay ee ARKANSAS Bid 14-42 - Construction - Asphalt Microsurfacing Bid: 14-42 7/16/2014 3:00 PM City of Fayetteville Vance Brothers Inc Item Deseription list. at JSr) Unit Price Total Base Bid orr.:;,,.,,r,;.: :�:,r � s.s»•�..x.a.r:rr:• ;.•.eea s :�' 1 Microsu rfa cing (18-22 pounds per square yard) 91,600 x 2.80 $ 256,480A0 "NOTICE: gild award 3s eanengant upon vendor alwang minimum speaHiemlona and formal authorizabon by City otnclals. CERTIFIED: P. Vice, Purchasing Manager Uate �r s Project Check List This checklist is for the Bidder's use in preparing & submitting a bid It Is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. a S% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. QAll addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). /I 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. F/I All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with t name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's. -Li Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: 005 71 %,l I S City of Fayettevifie, AR Bid 14-42, Construction Asphalt Microsurfacing Page 3 of 30 City of Fayetteville Bid 14-42, Construction — Asphalt Microsurfacing Bid Form Contract Name: Bid 14-42, Construction —Asphalt Microsurfacing Bid Number 14-42 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: r Bidder: Section 1—intent.- The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and famish 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: 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Rearesentations: 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: Num er Date 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, AR Bid 14-42, Construction —Asphalt Microsurfacing Page 23 of 30 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 considerthat any additional examinations, investigations, explorations, tests, studies, ordata are necessaryforthe 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, AR Bid 14-42, Construction Asphalt Microsurfacing Page 24 of 30 L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4—Price: Line Item Description Unit of Measurement Estlmated Qu;arttitY Line Item Unit Price Total Base Sid 1 Microsur€acing (18-22 ibs/SY) Per Square Yard 91,600 x $_ 151O ASO . "" Section 5 — Listing ofSubcontractors: 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. Section 6 — Co_pjract 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 oncerning this Bid shall he addressed to the Bidder as follows: ,I 6kA KwAt"i k/13,E Phone No. 6j6 q 3_-_5►'3)-S-- FAX No. Section 8—SIGNATURE: A.) This bid is being submitted in good faith according to the entire bid package presented: c SUBMITTED on this �_ Date of J 20 f Arkansas State Contractor License No. 00 S -7 tf It?) I9— City of Fayetteville, AR Bid 14-42, Construction Asphalt Microsurfacing Page 25 of 30 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.: oPnON3:ACororatfon BROS. INCORATE EVAE SEALCorporation Name: Yt�h f� .•R c�(SEAL)ISS�UR� Date of Incorporation: 1 1 bin vANCE BRO,5. INC. (816) 923_4325 Type (General Business, Professional, Service, Limited Liability,: f City of Fayetteville, AR Bid 14-42, Construction Asphalt Microsurfacing Page 26 of 30 By: — attach evidence of authority to sign) Name (type or printed): o ✓ - k 4e, Title: Business address: 5?� o 1 VANCE BROS. INC CORPORR�� RATE SEAL naerr AWISSOURI Phone No.: CIL - 4). I " -f 3 1 � FAX No.: _�Ll.� ' I 3 ` r 71 City of Fayetteville, AR Bid 14-42, Construction —Asphalt Microsurfacing Page 27 of 30 City of Fayetteville Bid 14-42, Construction --Asphalt Microsurfacing Vendor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: &6r e_ aj&c . IF,, BUSINESS ADDRESS: J ,' f �qry,,hkin A/, a tc&2 4ql z 1---- + — --- --- NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: ^_I k TOTAL NUMBER OF CURRENT EMPLOYEES: 33FULL TIME PARTTIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: )-'5' FULLTIME O PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience. 1. la-; at: & I/1* k COMPANY NAME ik�lh vr- k A � T CITY, STATE, ZIP CONTACT PERSON TELEPHONE -11 I-7 h'% DATE COMPLETED E-MAIL ADDRESS COMPANY NAME CITY, STATE, ZIP / f� ltcr� iACltf' CONTACT PERSON O - yP5 TELEPHONE /01/r- I13 DATE COMPL TED G I S i Cam'*- - E-MAIL ADDRESS City of Fayetteville, AR Bid 14-42, Construction Asphalt Microsurfacing Page 28 of 30 COMPANY NAME CITY, STATE, ZIP /. / li A o r,".'t7 CONTACT PERSON �oo - TELEPHONE A DATE COMPLETE E-MAIL ADDRESS 4. COMPANY NAME CITY, STATE, ZIP —12 CONTACT PERSON _ J71 - 1-71f TELEPHONE DATE COMPL E r r� 4.r6n/�)_ 6 _. a*r _ VS E-MAIL ADDRESS THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOWALL MEN BY THESE PRESENTS, THAT WE Vance Brothers, Inc. 5201_8dahton Avenue P O Box 300107, Kansas City, MO 64130-0107 as Principal, hereinafter called the Principal, and Libeq Mutual Insurance Company 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 a corporation duly organized under the laws of the State of _ MA as Surety, hereinafter called the Surety, are held and firmly bound unto Cii�t r 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. WHEREAS, the Principal has submitted a bid for Bid #14-42 City of Fayetteville AR - Construction -Asphalt MicroSurfacina 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 ben d void, otherwise to remain in full force and effect. G Signed and sealed this 16th day of Vance Brothers, Inc. Mutual Insurance D. Joyce AR Non Resident Agent Surety Phone No. 610-832-8240 AIA DOCUMENT A310 • BID BOND r AIA tr FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECPS,1735 N.Y. AVR., N.W., WAS11INGTON, AC. 2OW6 2014 This Power of Attorney omits the acts of those named herein, and they have no authorhy to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, Ioan, letter of credit, bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of dis Power of Attorney call 610. -8240 behmn 9.00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Muhtai Insurance Company The Ohio Casualty insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS SYTHESE PRESENTS: ThatAmencan Fire & Casualty Company and The OWo Casually Insurance Company ale corporations duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duty orgarnzed under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana {bereitt oatleciivary caned the T4mpanioe), pursuant to and by authority herein set forth, does hereby name, consTdute and applinit, J. Douglas Jo Ce If the city of Kansas-_ I-V . stale of PAU its two and lawful atiomey-h4act with frill power and aft* hereby conferred to sign. exec and acknowledge the Int Whg surely bond: Principal Now. Vance Brothers, Inc. Obligee Name: City of FayettevilleAR Surety Bond Number: Bid Bond Bond Amount: $00 Bond Fom_r IN WITNESS WHEREOF, this Pourer of Attorney has been subscribed by an authorized officer or official of to Companies and the corporate seats of the Companies have been affixed Iherelcifrfsiffia dayof nber22 ND CAs Amerim Fire and Casually Company age bytJh1NSr/ArY tNsb,�mps�hNs� The Ohio Casualty Insurance Company i r o o SO Liberty Mutual Insurance Company n �1906 0 1912 v c 1919 g 1991 ; Wes scan insurance Company d,, yt+ab a i 94ACN� ��� Ina t3 y' /HplpttP �, * * * * David : Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTYOF MONTGOMERY on this 18e dayof November. before me personally appeared David M Carey. whoacknowledged Iirmset to be the Assistant Serelary of American File and Casually Company, Liberty M*W Insurance Company, The Ohio Casually Company. and West American insurance Company, and that he, as such, being aulborizad so to do, execute the foregoing irwlurnant for Ira puq=os therein contained by s4riinKg on behalf of the corporations by hlmsallas a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on tie day and yearfirst above wrften. 9p PAST yp�{r COMMONWEALTH OF PENHSYLVAtN1A r�QcY 3 p NotarW Seal OF Terasa Pastels, Notary Public +� Plymoulh'Am, Momtgomerycounty Teresa Pastella, Diary Public '1�Vsy�vP`� My Commission Eq*es March 28.2017 -'Rdf t Umber P=ozyrianlaAsa*cWWrk*FNotaries This Pourer of A made and examl d pursuant to and by mftrfy of the I t Ming By-laws and Auhmizaticns of Aunedcmr Fie and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmer can Insurance Company which wsoluio s. are now in full low& and effect reading as fmliews: ARTICLE IV— OFFICERS — Section U. Pawer of Attorney. Any officer or other official of the Corporation authorized for that purpose in mitt rg by to Chairman or the President and subject to such fimbliDn as the Chairman or the Presdent may prescribe, shag appoint such attomeysdn-fad, as may be necessary to act in behalf of t* Corporation to make, execute, seal, ardmowledge and delver as surety any and all undertakings, bonds, reoognizanoss and other surely obligations. Such attorneys-IMaof, subject to the limitations set forth In their respective powers of attomay, shall have full power to bind the Corporation by f Ir signature and execution of any such instruments and to afach thereto the seal of the corporation. Whan so axeculed, such Instruments shag be as binding as f signed by the President and alested to by the Secretary. Any power orauthodiy granted to any representalive or ftmey In•fact under ire prouldons of this article may be revoked stany time by the Board, the Chairman, the President or by the officer oroffcers granting such power or authority. ARTICLE Ittl — Execution of Contracts — SECTION 5. Surety Bonds and Underlakkigs. Any officer of the Company authorized for tat purpose In aging by the chalmhan or Are president, and subject to such limbions as the chairman or the president may prescribe, shall appoint such aftomeys•iR•fac, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and oglursurely obligations. Such attorneys h-InrdsubjecA to the gmh*ns set forth to their respecitiae pow of attomay, shag have hull power to bind to Company by their signature and execution of any such khsbhnnents and to attach thereto the seal of the Company. When so executed such Instruments shalt be as bindkhg as if signed by the president and attested by the $sure". Cortiflcate of Designation —The President of fha Company, acting pursuant to the Bylaws of the Company, authorizes DaQ ld. Carey, Assistant Secretary to appoint such attorneys. Intact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and delver as surety any and all undertakings, bonds, recogmzances and other surety obligations. Authorization — By unant mous consent of the Compaliy's Board of Maciors, Are 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 sun ny bands, shag be vatd and binding upon the Compaq wilh the same force and effect as though manually affixed. i, Gregory W. Davenport, the undersigned, Assistant Saoretaty, of American Fire and Casualty Company, The Ohio Casually insurance Company, Liberty Mutual Insurance Company, and West American Insurance C riparty do hereby certify that the or4imal power of attorney of which the foregoing is a fut, true and comers copy of the Power of Attorney executed by said Companies, is In fah force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my Wand affixed the seals of said Companies this 16th day of July 2O 4 - ptaD CASV INS& v INSU _�y1NSr1R._ By - o . 1906 1912 a c 1919 a 1991 Gregory W. Davenport, Assistant Secxeiary �iby �yA CITY O City of Fayetteville, AR Bid 14-42, Construction — Asphalt Microsurfacing lr Vendor: Vance BrothersInc Terms: Single Project ayVie This contract executed this day of 2014, between the City of Fayetteville, Arkansas, and Vance Brothers. Inc. Inconsideration of the mutual covenan contained herein, the parties agree as follows: 1. 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 14-42 as stated in Vance Brothers lac. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 14-42, 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 2S6 480.10 at S2.80 per square yard_ 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 Srvthers, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 14-42 with the specifications and conditions typed thereon. 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. shatt 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 rayetteville, 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 BrothersInc. 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. Workmen's Compensation Statutory Amount City of Fayetteville, AR Bid 14-42, Construction —Asphalt MiCr45urfaCing Page 1 of 2 Coin rehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $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 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11. Liduidated Damages N/A 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the: Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the 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. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS.-5 DAY OF 2014. Vance Brothers Inn j BY'. Signature,/ Parid ontr" ctor Name & Title )kff E (Signoture) Company Secretary (PrintedNamel Business Address City, State & Zip Code Date Signed: `"7J9 City of Fayetteville, AR Bid 14-42, Construction —Asphalt Miciosurfacing Page 2 of 2 CI' AYETT LLE ARKA SAS Y: LIO1 D DAN, Mayor 10 - ATTEST: (Signature) ��4�KRr�ip r� Y of ash Sondra Smith, City Clerk •`•c\J ;' x, ; FAYETI-EVILLE; Date Signed: 1 of Fayefteiitl.::::`-Prcfat::dr�9requ:{P.(i). ,::':;>: ... . n o.: ., ... . �...... ...:�..`:`?': :;� 'ZNaI.a�PuecJujS,�Ordeil.:`:.,.,::,.:.,.•:;:;:. ^i. O Number. cl All PG Reques4s.slia11:fi� sragriod:to'tlia'Puddai '' `,maIli A.. n ii t .n' �� '''1`P n PLichasa:ahaN.natte mala uiif' deems "ii6il Vendor 22708 Vendor Vance Brothers, Inc. Mail9 Yes r No l.egWwr#., i1 Name: 2014-0331 FOB Pc axable Address: r Yos F. No Expected Delivery Date: C;tf. State: Zip Code: Ship to coda: Quotes Attached 104 r Yes 17 No Requawtor: Ginny Gundlach Requesters Employee #: Extension; 2233 3409 Item Description Quanlityl Unit of Issue Unit Cast Extended Cost Account Number Pro ct.Sub# Irwento # FL%d Asset # 1 Asphalt Mils aeurfacing 916DO SG YD z80 $256,460.00 4470.9470.5417.00 0206211 2 $0.00 3 $0.00 4 MOD fi f 0.00 B E0.00 7 $0.00 S $Q.pO 9 $0.00 10 $0.00 ShippinglHandling I.ot $0.00 Speciat instructions - Contract 9- Per Bid 14.42 & Res Subtotal: $256,480.00 Tax: $0.00 Total: $25SAW.00 ^� Approvals: Mayor. Deparhnent Director: Purchasing Manager Chlef Financial OtOcar- budget Direotw: IT Director: Dispatch Manager: Unities Manager: Other. Ke ruvsruia i • THE AMERICAN INSTITUTE OF ARCHITECTS � M W-7 LOJ O ~o .0 oOvma�o =omr-a a �o Bond No. 674023415 I � oU\ •+U ��ZNC O m +•�U7-. f \ CM .+ MOO" AIA Document A312 = a LL o W d M Cr o� ..aaia+ay In —•'0 0a [] C V m Nri r•F p �l W m. Performance Bond 6 T •-1 DY�LL�Y 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 P O 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 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 CONSTRUCTION C(O TrCT Date: Amount: $256.4 0.00 Two Hundred Fifty Six Thousand Four Hundred Eighty Dollars and 001100 Description (Name and Location): Bid #14-42 Construction -Asphalt Microsurfacing BOND Date (Not earlier than Construction Contract Date): `i�31'`f Amount:, $256,480.00 Two Hundred Fifty Ix Thousand Four Hundred Eighty Dollars and 001100 Modifications to this Bond: ) None ❑ See Page 3 CONTRACTOR AS PRINCIPAL_ � Company: (Corp to Vance Broth c. - C) m Signature: Name and Title: C O �Cj Cmi7 IT (Any additional signatures appear on page n (FOR INFORMATION ONLY- Name, Address a d Tole AGENT or BROKER: Thomas McGee, L.C. PO Box 419013 SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: Name an a:JoyceAR N Re en Agent Attorne -In-Fact Surety Phone No.: 6i0-832-8240 OWNER'S REPRESENTATIVE (Architect, Engineer or other parw Kansas City, MO 64141-6013 815-842-4500 AIA DOCUMENT A312 • PERFORMANCE 90ND AND PAY►BENT $ONO r DECEMBER 1984ED. • A1A O THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. H.W., WASHINGTON, D.C. 20ODS A312.1 gg4 f THLRD PRINTING 9 &LURCH 1957 f�J • I ifie 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 It the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate In conferences as provided In Subparagraph 3.1. 3 tf there Is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described In Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performinS the Cortstruc- lion Contract, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason• able time to perform the Construction Contract, but such an agreement shall not ►wahv 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 10 complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surely 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 Perms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor. 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 following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake toperformand complete the Conslruc- 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 for a contract for performance and completion of the Con- slruction Contract, arrange for a contract to be prc- 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 surely 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 invest igal ion, del ermine 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 2 Deny liability in whole or in part and notify the Owner citing teasans therefor. 5 tfthe5uretydoesoolproceedasprovidedinParagraph 4 With reasonable promptness. the Surely shall be deemed to be in default on this bond fifteen days after receipt of an additional written notice from the Chvner to the Surety demanding that the Surely perform its obligations under this Bond, and the Owner shall be e4litled to enforce am' remedy available to the O►tner. 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 abo►r, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, artd the responsibilities of the Owner to the Surely shall Prot 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 or 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 it no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. T The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Cork. sttuction 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 heats, executors, administrators or successors. 8 The Surety hereby µwives notice of any change, includ- ing changes of time, io the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, Iogat or equitable, under this Bond may be instituted in any court or competent jurlsdiction In the location in which lhetwork or part of thework is located and shall be Instituted within two years after Contractor Default or ►vilhin Iwo years after the Contractor ccasCd working or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever oc- curs first. If The provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail. ALA DOCUTAIINT A312 a PERFORMANCE BOND AND PAYMENT BOND • DEC> MER 19U ED_ • AtA O THE AMERMAN INSTITUTE OF ARCKUECTS. 1735 NEW YORK AVE.. N XN.- VJASH'NGTONr D-C. 2OWS THM PRINTING - MARCH 1987 A312.1954 2 • u 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 ether 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 shall be construed as a statutory bond and not as a common taw bond. 12 DEFINITIONS =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. 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 with the 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: (Corporate Seal) Signature: Signature: Name and Title: Name and Address: Address: Title: AIA DOCUMENTA3t2. PERFORUMCE BOND AND PAYMENT BOND. DECEMBER 19M ED.. AM O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 ME6V YORK AVE.. N.W., WASMLNGTON, D.C. 20006 A312-1994 3 7HIRD PRINTING -MARCH 1907 • • THE AMERICAN INSTITUTE OF ARCHITECTS : t;•:�i. Bond No. 674023415 AIA Document A312 Payment Bond) Any singular reference to Contractor, Surely, 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 450 Plymouth Road, Suite 400 OWNER (Name and Address): Plymouth Meeting, PA 19462 City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 CONSTRUCTION .0 NTRACT Date: ' !" Amount: $256, 8 .00I Two Hundred Fifty Six Thousand Four Hundred Eighty Dollars and 001100 Description (Name and Location): Bid #14-42 Construction -Asphalt Microsurfacing BOND Date (Not earlier than Construction Contract Date): `[l3�IeI Amount: $256,480.00 Two Hundred Fifty Six Thousand Four Hundred Eighty Dollars and 001100 Modifications to this Bond: ❑ None © See Page 6 CONTRACTOR AS PRINCIPAL n O D SURETY Company. (Corpo Company: (Corporate Seal) Vance Broth e c. a W Liberty Mutual Insurance Co pany z CA Signature: �'r Signature: Name and Title: rn ]0 Name and Itle: JoyceeAR N3 . Id,MAgcni mAttorney -in -Fact (Any additional signatures appear on page 6jry r n Surety Phone No.: 610-832-8240- (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Arcnilecr, Engineerorofher AGENT or BROKER: pany) Thomas McGee, L.C. PO Box 419013 Kansas City, MO 64141-6013 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED, • AIA S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 200EEi A312-1984 4 THIRD PRINTING • MARCH 1987 1 ' The Contractor and the Surety, jointly and severally, S If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety. that Is sutficienl successors and assigns to the Owner to pay for labor, compliance. materials and equipment fumished for use in the g When the Claimant has satisfied the conditions of performance of the Construction Contract, which is paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expanse take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days alter receipt of the claim, staling 2.1 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants, and challenging any amounts that are disputed. 2.2 Defends, indemnifies 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. Yens 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 10 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 Ciairnanis under this Bond unfit: 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 o r 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 tho 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, staling that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shalt be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Band. 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 Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or othervAse 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. 1i No suit or action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on Which the last tabor 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 taw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be app3cable. 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 tho signaturo 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 bo performed, any provision in this Bond A -A DOCUYIENT AS1T . PERFORMANCE BONS) AND PAYMENT BOND . DECEMBER 1984 ED. • AiAe THE AMEWCAH INSTITUTE OF AftCHITECTS. I-M NEW YORK Av1:.. N.W.. wASHtNGTON, D.G. ZOOM A312-1984 THIRD PRINTING *MARCH 1987 n LJ LJ 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 shalt promptly furnish a copy of this Band 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 wilh a subcontractor of the Contractor to furnish tabor, 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, heal, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipment used in the Construction Contract, architectural and engineenng services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted In the jurisdiction where the labor, materials or equipment were furnished, 16.2 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 Construction Contract or to perform and complete or comply wilh the other terms thereof, SEE ATF'ACIRID MODIFICATION (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURkTY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Marne and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312 . PERY010AANCE BOND AND PAYMrNT BOND. DECEMBER 1984 ED . AM THE AMERICAN INSTITUTE OF ARCHMECTS, 1?33 NEW YORK AVE., N.W., WASt NCTON, D.C. 2WW TMRD PRINTING • MARCH 1887 A312-IW4 i • Liberty �i�ltut-�nal,� Interchange Corporate Center 450 Plymouth Road, Suite 40Q Plymouth Meeting, PA. 14462-160 Ph. (610) 832-8240 RIDER AMENDING PAYMENT BOND r� This rider is to be attached to and form a part of surety bond number 674023415 dated the day of executed by Llberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surely"), on behalf of Vance Brothers Inc. as Principal (the "Principar7, in favor of City of Fayetteville, Arkansas as Obligee (the "Obligee"). WHEREAS, the Principal has by written agreement dated the SA day of S�"'J'1 1 entered into a contract (the "Contract") with the Obligee for: Bid *14-42 Construction -Asphalt Microsurfacinq WHEREAS, upon the request of the Principal and Obligee, the attached bond is hereby amended as follows: 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 claim, 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 all or part of a claim shall not be deemed an admission bf 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. In no event shall the Surety's liability to any Claimant under this Bond exceed the sum property due such claimant. This change is effective as of the effective execution date of the Bond to which it is attached. nUll;) The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. mINNiTNESS WHEREOF, said Principal and Surety have caused these presents to be duty signed and sealed this,day of /� �40Vance Brothers, Inc. By: (Seal)(Principal) rnDate: Title:Tj LIBERTY MUTUAL INSURANCE COMPANY By: (Surety) Title: Dale: LMIC-3060 (Seal) 2108 0 0 ]his•Pavar of Attorney Limits the ads of those named herein, and they have no authority to bind the Company except in the manner and to the e:rtent herein stated. Not va6+d far marigage, note, Ivan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of fbts Power of Attorney eaa 610-3324240 behtim 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 KNOM ALL PERSONS BY THESE PRESENTS: That ArW an Fire & Casualty Compaq and The Ohio Caw* Insurance Cdrnparry are corporations duly orgardned under the saws of the stale of New Hampshire, that Lbady Mutual Insurance Company Is a c4rImt4m duly organized under the lours of the Slate of Massachusetts, and West Amadcan tasraance Company Is a corporallan duly Organized under the laws of the State of Indiana (herela coleetivaly mAed the •CompanLs7, pursuant to and by authority herein sell forth, does hereby name, mnswate and appoint J. Douglas Jo ce of the * of Kansas f state of its I= and lawful allomay-in-lad, nr"h full power and aulinrity hereby mnbna to sign, examle and ardwrowledge the rollowi ng surety bond: Prfnepal Name: Vance Brothers, Inc. Obllgee Name: City of Fayetteville AR Sunray Bond Number 674023415 Bond Amount: see Bond l`-m W WITNESS WHEREOF, thb Power of AOamey has been subscribed by an aulr zed ofrceror official of Ire Compmdes and the corporate seats of the Com,panlas have beery afllxod Iherab#M jjP_ day of November. 0�ti. *tat? C-4 LtNSU ��Y INS U a1NSU� American Fire and Casualty Company �•� �ycp a� The Ohio Casualty Insurance Cornpany z p `A rn o Liberty Mutual Insurance Company 1906 a 1912 e y 1979 v i 199i Wes Insurance Company t a9s�"Hrhrr� x' ararr* Y t3y nwL.. o • ; 0avid WZt_ey, Assistant Socretary STATE OF PENNSYLVAICA COUNTY 01- L ONT=SFRY On Oda tea day or November. JU1 , before me personally appeared David K Carey, Y& acknowledged himself to be the Assistant Swillary of Amerlcan Fire and Casualty Company, Liberty MAW inzurarce Cornpary, The ONO Casualty Company, and West American Insurance Contpany, and that be, as such, being authorized so to do, exearta the foregoing iasrrumemt for fhv purposes ttarv:n contained by slg*g an behalf of the owpordlions by iivasell as a duty aufhoaaed officer. IN WITNESS WHEREOF, f have heratmto subscribed my name and afAxed my notarial sea! al Plymouth Neellog, PennsyNarria, on the day and year first abave wiitlem �w¢G tun COMMONWEALTH OFPENNSYLVANIA 'r Notarial Sort OF PIA I'd-w Tereao Pastema, Notary PubicgY= rT Plymouth Twp., Monlyomery County Ter-elza-Pastella-,_1915tary, Publid My Commisslon Expires March 28,2017 Member Pennsy" AnadaftnofNOWies This Power of At and a=1W ptrrsoaut to and 6y arrRmxily of the following By-laws and Au4ao aeons of Art erf= Fire and Casualty Cornpany, The Ohio Casualty Insuranou Cornpany, Lberty Muhnal Irutaa m Cormpany, and West American Insurance Company which resok6ons arc my in full face and allied reading as WbDu : ARTICLE IV — OFFICERS — Section 12. Power of Atorney. Any officer or ofherofficiol of the Corporation authalzed for that purpose In writing by the Chairman or the President, and subject to such Ilmitallan as the Chairman or too Presider» may prescribe, shall appoint such attomey34n-sect, as may be necessary to ad in be hat of OR Corpaateoi to make, execute. seal adtnvRiedge and dehwas surety any and aQ wndertalkgs, bonds, reougrkarrees rind Other sufey ob%atians. Such allm is-irk-4 1, abject to tY btatlons set forth in V eft respec re powers of atamey, shall have full power to bend the Corparatlon by their signatuae and epacuton of arty such instruments and to attach thmio the seal of she Corpaalim. When so executed, such lnsbuments shall be as binding as Ils%Ined by the President and attested to by the Secretary, Any poyaer or authotity granted to any representative or attomeyy- bn-rad under Ina provisions of Ids ankle may be revoked at any Ilmo by the Board, the Chelrmar% The Presidonf or by Ore officer or olfrcors granl!ng such paver a authority. ARTICLE X01— Fxatvtion of Oanbacts — SECTION S. Surety Bonds and Undertai tgs. Any officer of the Compaq authorized for that purpose In miOng by the chairman or Ore president, aid subject to such kmdations as the dhaliman or the president may prescribe. shah appoint such attmteys4n-tact, as may be necessary to ad in behalf of the Company to make, execute, seal, adwmVedge and deliver as surety arty and all tadertaltings. bonds, recognizanws and Other surely obligations. Such etomeys-Infact subject to the Ernita6on3 set tars h In their respective pow= of attorney, shall have fug pourer tp bind the Company by their signature and execution of any such instrunwnts and to atach thereto the seal or the Connpariy. vyfxyr w executed such iststrumenls shatibe astrndrrg as dalgmed hytfhe president and atestad bythe secretary. Cedificale of Desbnaton -The Presidentof Cho Company. arZng pursuant to the Bylaws of the Company, aulhwues David It Carey, Assistant Secretary fo appoit such atlerneys, indad as may be necessary to ad on behalf of the Compaq to make, execute, seal, apm Hedge and d0mr as surety any and all undedeldngs, binds, reeognfzances and oiller surrey obligations. Authorf®tion - By unanimous consent of the Comparty s Board of Directors, the Company oonseab that fad or mechanically reproduced signaWre of arty assistant sacretary of the Company. vA erever appea ring upon a certified copy or any power of a0omey issued by the Company In oomnedion V& surofy bonds, shall be valid and bInky upon the Company mthh the same forts and ailed as tfcagh rrwuaty affixed. I, Gregory W. Davenpom the undersigned, Assfsunl Secretary. of Arnnerican Fire and Casualty Count my. The Oho Casraly Insurance Compamrf, Liberty Mutual Insurance Company. and West Amara an Insurance Comparry do hereby certify that the orl2lual power of attorney of which On foregoing Is a luf, bue and correct copy of the Power of Attorney executed by said Companies. is to fug force and cfted and has not been revoked. IN TESTIMONY IMMEREOF, I have hereunto set my hand and affixed the seals of said Canpanies this ZIL day W "4✓ , 201j. r.KD C4.r - L%WSU F`ZY INSU �N1NSU 3 904 o r 1912 e ] 919 ° 149] BY, Gregory W. Qaven port Assistant Srrrxelary y1l'y NAIeR�t1i j'qi,� rt� 'S.� HA1A�' !� � �ArLYArth DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE I G11Fi19()1d 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 'retcher Heartland, LLC 1551 W. 107th St., Third Floor Neriand Park KS 66207 I INSURERISI AFFORDING COVERAGE I NAIC C I INSURED VANCE01 INSURER e Vance Brothers, Inc. [NSURERC 5201 Brighton INSURERD Kansas City MO 64130 „ems COVERAGES CERTIFICATE NUMBER: 893553664 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 OR TYPE OFlNSURANCE AD L N POLICYNUMBER POLICY EFF MMIDDIYYYYI POLICY EXP (MMaD-1=1 LIMITS B GENERAL LIABILITY 1 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F1 OCCUR 034345990 11112014 11/2015 EACH OCCURRENCE $1,000,000 DAMAGE To RENTED PREMISES Ea o=wonce $300,000 MED EXP (Any one person) S5,QD0 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JFQT PRODUCTS - COMPIOP AGG S2,00,000 S B. AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 4034346024 1/112014 1112015 Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ S UMBRELLA LAB HOCCUR EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOPARTNERIEXECUTIVE Y r N RI OFFICERIMEMBER EXCLUDED? Y (Mandatory In NHI IF yes, descnbe under DESCRIPTION OF OPERATIONS below N 1 A F927628285514 1/1/2014 I 1112015 X WC STATU- X OTH- I ER QUt Of Slat E.L. EACH EACH ACCIDENT $1,000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is requlred) Re: Construction - Asphalt MicroSurfacing Bid # 14-42. City of Fayetteville is an additional insured as respects General & Auto Liability. Cityy of Fayetteville, Arkansas 113 West Mountain Street Fayetteville AR 72701 Laf-1.On a R a1lL•J CI 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 16 / " - ©19BU-2010 ACORD CURPORATION. All rights reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD