HomeMy WebLinkAbout129-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 129-17
File Number: 2017-0317
BID #17-33 VANCE BROTHERS, INC.:
A RESOLUTION TO AWARD BID #17-33 AND AUTHORIZE A CONTRACT WITH VANCE
BROTHERS, INC. FOR ASPHALT MICROSURFACING OF CITY STREETS AT A COST OF $2.28 PER
SQUARE FOOT AS NEEDED THROUGH THE END OF 2017
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 #17-33 and
authorizes Mayor Jordan to sign a contract with Vance Brothers, Inc. for asphalt microsurfacing of city
streets at a cost of $2.28 per square foot as needed through the end of 2017.
PASSED and APPROVED on 7/6/2017
Attest:
r
Sondra E. Smith, City Clerk Treas rrt�i�
TREgS.%.
OF
Z -S-6
1
• l •
r`■"fr!•" �FT'ki A�' �•' per•'
Page 1 Printed on 7/7/17
113 West Mountain Street
1 City of Fayetteville Arkansas
Fayetteville, AR 72701
(479) 575-8323
1 ._} Text File
File Number: 2017-0317
Agenda Date: 7/6/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 2
BID #17-33 VANCE BROTHERS, INC.:
A RESOLUTION TO AWARD BID #17-33 AND AUTHORIZE A CONTRACT WITH VANCE
BROTHERS, INC. FOR ASPHALT MICROSURFACING OF CITY STREETS AT A COST OF $2.28
PER SQUARE FOOT AS NEEDED THROUGH THE END OF 2017
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 #17-33 and
authorizes Mayor Jordan to sign a contract with Vance Brothers, Inc. for asphalt microsurfacing of city
streets at a cost of $2.28 per square foot as needed through the end of 2017.
City of Fayetteville, Arkansas Page 1 Printed on 7/7/2017
John Nelson
Submitted By
City of Fayetteville Staff Review Form
201.7-0317
Legistar File ID
7/6/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/8/2017 Transportation Services /
Transportation Services Department
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 17-33 and authorize a contract with Vance Brothers, Inc. for asphalt microsurfacing of city
streets at a cost of $2.28 per square yard for projects as needed.
4470.410.8410-5417.00
Account Number
02052
Project Number
Budgeted Item? Yes
Budget Impact:
Sales Tax Capital Improvement
Fund
In -House Pavement Improvements
Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes - Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Project Title
Approval Date:
2, 042, 812.00
912,538.00
166,098.00
V20140710
CITY OF
FAYETTEVILLE
_a ARKANSAS
MEETING OF JULY 6, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
CITY COUNCIL. MEMO
FROM: John Nelson, Management Accounting Coordinator
DATE: June 8, 2017
SUBJECT: Bid 17-33 — 2017 Asphalt Microsurfacing
RECOMMENDATION:
A resolution to award Bid 17-33 and authorize a contract with Vance Brothers, Inc. for asphalt
microsurfacing of city streets at a cost of $2.28 per square yard for projects as needed.
BACKGROUND:
The City of Fayetteville accepted bids from properly licensed firms for the application of micro -
surfacing material to 72,850 square yards of asphalted pavement surfaces for various locations.
DISCUSSION:
The Transportation Division has utilized microsurfacing for preventative asphalt maintenance
since 2012. Microsurfacing minimizes aging, reduces water infiltration, corrects raveling and
weathering, provides a skid resistance surface, and improves -overall aesthetics.
BUDGET/STAFF IMPACT:
Funds for asphalt microsurfacing have been budgeted in the In -House Pavement Improvements
capital project.
Attachments:
Bid Tabulation
Contract
2017 Microsurfacing Project Plan
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
Bid 17-33, Const - 2017 Microsurfacing
"OFFICIAL BID TABULATION—
Bid 17-33
Date: 5.04.2017
TIME: 2:00 PM
CITY OF FAYETTEVILLE
"NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED:
A. n PPO, CPPB, Purchasing Manager
Witness
-5'/D
0
Donelson Construction Company, LLC
Vance Brothers, In
Item
Description
QTY
Price Per Unit
Price Per Unit
1
Microsurfacing (18-22 IbsISY)
72,850
$ 2.48
$ 2.28
TOTAL BID BASED ON ESTIMATE
$ 180,668.00
$ 166,098.00
"NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED:
A. n PPO, CPPB, Purchasing Manager
Witness
-5'/D
0
` CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville
Bid 17-33, Construction — 2017 Asphalt Microsurfacing
Contract— Between City and Vance Brothers, Inc,
Term: Valid through 12/31/2017
This. contract oxe. utod this —(,— day of, IM�---- 2017, between the City of Fayetteville, Arkansas (City), and Vance
Brothers, Inc_, in consideration of the mutual c;v-e ants contained herein, the parties agree as follows:
Vance Brothers Inc. at i s owri cost and expense shall furnish all labor, materials, supplies, machinery, eduiprnelit,
tools, aupervrsion, bonds, insurance, tax permits, and all other accessories and services necessary to complete
toms bid per Bid 17-3:3 as stated in Vance Brothers Inc. bid proposal, and in accordance with specifications
attached hereto and maria a part hereof under Bid 1 ;r-33, all included herein as if spelled out word for ward.
2. 3-1;e City of Fayetteville shall pay Vance Brothers, Inc. based on their bid proposal in an amount not to exceed
$166,098 for the initial scope of work and $2.28 per square yard as needed. Payments will be made after approval
and acceptance of wtirk and submission of invoice. Payments will be made approximately 30 days after
acceptance of nvoice.
3. Tho (-Ontrn10 s;)urnenN avh!cll corrlpri,-e the contract between the City of Fayettevifle and Vance Brothers, Inc,
c ?I1;iit r'.<t ttai5 (r f'i,rcl(;t ,f d the €ollowing doc ments attached hereto, and made a prart hereof:
A Pala fmrn Aentiried a s Invitation to Bid 17 33 with the specifications and oandihons typed thereon.
Fs Vance Brothers, Inc. hid proposal_
The Nohco. !o P,ospective Bidders and the Bid i abi lation.
These Contrzao dol-urncents corir=.Moe the entire agreement between the City of Fayetteville and Vance Brothers
Inc, a!W ni ay br) n iodifiod on'y by a duly executed written instrument signed by the City of Fayotteville and Vane
Brothers, Inc.
5. Vance Brothers Inc. sh ill n,- o=ssigri Its duties uncle., t'aae terms of this agr•eenhenL
6. Vance Brothers, Inc,. agrei s 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 rnamoer be construed to waive that tort immunit,; set forth
under Arkansas Law.
Vaar Brothers; Inc. shall fi_�rrush a certificate of insurance addrossed to the City of Fayetteville, slhowinF that hp
carries the following inssirsance °M-,ich shall be maintained throughput the term of the Contract. ,Any work sublet,
the contractor shall require the subcontractor similarly to provide worker's compe.nszhtion insur;ar,ce, In case any
eraaployee engager in work ora Che project under this contract is not protected under 'Worker'5 Compensation
In>u; aiai:e,'V4,nce Brothers shall provide and shall cause each Subcontractor to provide adequate employer's
I=.abil:ty irlsurance for the hrot_ectiori of such of his employees as are not otherwise protected.
Workmen's C(arrsoen.satiratt Statutory Amount
(. ray of Fi)yettevdie, felt,
B d 1.1-37, Co.r ;mart+or —2(::12 Aspfrait k icrc!surfar:fig,
r' 188 1. ot 7
Comprehensive General &
Automobile insurance
Bo:liiv In iry tic�bi'rty
Prcperty Damage Liability
5500,000 for each perwn injured,
$l,000,000for each accident.
$1,000,000 aggregate.
The-remiurns for all insurance and the bund required herein shall be paid by Vance Brothers, Inc.
8. Vane Brothers, Inc. to furnish proof of licensure as required by all local and state agencies.
0. This contract may be terminated by the City ofFayetteville or Lance Brothers, Inc. with 30 days written notice.
10. mis project shall be completed within 30 calendar days from issue date of Notice to Proceed,
11, Uiouidated Damages.- N/A
12. Freedom of Information Act- City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedoms of Information Act
rectuest. is presented to the City of Fayetteville, the contractor will do everything possible to provide the
documents in a prompt and tirnely 1rfanr5er as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-
1"-.)-101 et, sect 1. Only ler"Illy authorized photo coping casts pursuant to the FOIA may be assessed for this
coil]chance,
in %( opo or hr:ryCha'nges' =moc"li.fications, "r amendments in scope, price or fees to this contract shall
not be allowed without a prior formal Contract amendment approved by tfie Mayor and the Cit`,r Council in
advance of thp. change. in scope, c:cst or frees.
WITNESS OUR HANDS THIS b DAY OFJII 1 2017, .
Vance brothers Inc
Prirrtred Contractor Name Title
AIIP,! (syroture)
Company Secretary iPw; .Yd Nr?mq
Pusincpss Address Vance Inc,
5201 B69111 Al PO. BOX 300107
lCt;1s L`.
A0 64130-0107
04 130.0107
City. State & Zip Code
Gate Sisaned.
City of}3ye'tevilf.^ Ali
hfti : , 3_{ Consuu: t -or. 2t`}; ? ,spha t fv9icronvtf-acmrt.
Page ;"
ATTEST: (Srgrrvture) �►►►►��� TR���
Sondra Smith, City C:ler k
=01 1
01
I,I F41O+►►``ti
[.'tate Signed: /U 2-0 / 7
2017 MICROSURFACING PROJECT
rr,�� I
QUEENANNE LACE ORIV$ LARKSPIDe LAN{eQ,r-
BELLFLOWERDMVE,BLADMGSYARDJUWLI')rfr�. , Q�
ARD (7WORN FLOWFRBRNF' m{;lf� n
for the
City of Fayetteville
BID No. 17-33
APRIL 2017
WEST FAYETTEVILLE
VICLNITY MAPS
13 7
EAST FAYETTEVILLE
[1190901121-11 9
1. THE CONTRACTOR SHALL PROVIDE ATRAFFIC CONTROL PLAN THAT INDICATES
TYPE OF SIGNING, SPACING OF SIGNING, FLAGGERS, CHANNELRERS AND OTHER
TRAFFIC CONTROL ITEMS IN ACCORDANCE WITH THE CURRENT EDITION OF THE
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MLFWD}
2, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE, INSTALL
AND MAINTAIN SUCH SIGNS, CONES, LANE DELINEATORS, AND OTHER FACILITIES
THAT MAY BE NECESSARY TO PROTECT THE WORK AND PROVIDE FOR SAFE
TRAVEL THROUGH THE CONSTRUCTION AREA. ALL SIGNING SHALL CONFORM TO
THE LATEST EOIT10N OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
3 UTIUTY COVERS,MANHOLES, GRATED INLETS, CURB INLETS AND TRAFFIC
DEVICE COVERS LOCATED IN THE ROADWAY TO BE PAVED SHALL BE PROTECTED
FROM COVERAGE BY THE MICROSURFACING AND REFERENCED FOR PROMPT
LOCATION AND CLEANING FOLLOWING APPLICATION. THE ABOVE ITEMS SHALL BE
CLEANED TO THEIR PRE -SURFACING CONDITION OR AS DIRECTED BY THE CITY.
k WORK AT INTERSECTIONS SHALL BE DONE IN STAGES, OR BLOTTER MATERIALS
SHALL BE USED, TO ALLOW CROSSING AND TURNING MOVEMENTS.
S. WHEN CONSTRUCTION IS BEING PERFORMED UNDER TRAFFIC, ALL EQUIPMENT,
INCLUDING LOADING VEHICLES AND SUPPLY TRUCKS WILL BE REQUIRED TO
OPERATE IN A SINGLE LANE ON WHICH THE MICROSURFACING IS BEING APPLIED,
UNLESS OTHERWISE APPROVED.
6. THE CONTRACTOR SHALL PROVIDE NOTICE TO THE CITY AND AFFECTED
RESIDENTS A MINIMUM OF 3 BUSINESS DAYS PRIOR TO COMMENCEMENT OF THE
PROJECT.
CITY OF
a'e ens le
ARKANSAS
ENGINEERING DIVISION
PHDNE (179) 575-8— 1- MP Om) ST5--2M
M
PLAN INDEX
Sheet No
^a!s[�yNYry
1)
EASTFAYETTEVILIE
CHATSWORTH ROAD, WORTHINGTON WAY,
FEJINCNURCH WAY, MIDOLE70N WAY,
LITCHFIELD LANE, KITTERY LANE, AND NORWICH LANE
2)
TOWNSHIP ROAD, COVINGTON PARK BLVD, AND
INVERNESS LANE
3)
ASPEN MW -BULB MESA BRW -AND
REDWOOD DRIVE
4)
WEST FAYETTEVILLE
DAISY LANE, QUEEN ANNES LACE DRIVE,
LARKSPUR LANE, BELL FLOWER DRIVE,
BLAZING STAR DRIVE, AND CROWN FLOWER DRIVE
S)
DRIVE
6)
EM-DOWLANDS
TH LANE, ALLEYS 766, W, 4040, AND 1705
rr,�� I
QUEENANNE LACE ORIV$ LARKSPIDe LAN{eQ,r-
BELLFLOWERDMVE,BLADMGSYARDJUWLI')rfr�. , Q�
ARD (7WORN FLOWFRBRNF' m{;lf� n
for the
City of Fayetteville
BID No. 17-33
APRIL 2017
WEST FAYETTEVILLE
VICLNITY MAPS
13 7
EAST FAYETTEVILLE
[1190901121-11 9
1. THE CONTRACTOR SHALL PROVIDE ATRAFFIC CONTROL PLAN THAT INDICATES
TYPE OF SIGNING, SPACING OF SIGNING, FLAGGERS, CHANNELRERS AND OTHER
TRAFFIC CONTROL ITEMS IN ACCORDANCE WITH THE CURRENT EDITION OF THE
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MLFWD}
2, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE, INSTALL
AND MAINTAIN SUCH SIGNS, CONES, LANE DELINEATORS, AND OTHER FACILITIES
THAT MAY BE NECESSARY TO PROTECT THE WORK AND PROVIDE FOR SAFE
TRAVEL THROUGH THE CONSTRUCTION AREA. ALL SIGNING SHALL CONFORM TO
THE LATEST EOIT10N OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
3 UTIUTY COVERS,MANHOLES, GRATED INLETS, CURB INLETS AND TRAFFIC
DEVICE COVERS LOCATED IN THE ROADWAY TO BE PAVED SHALL BE PROTECTED
FROM COVERAGE BY THE MICROSURFACING AND REFERENCED FOR PROMPT
LOCATION AND CLEANING FOLLOWING APPLICATION. THE ABOVE ITEMS SHALL BE
CLEANED TO THEIR PRE -SURFACING CONDITION OR AS DIRECTED BY THE CITY.
k WORK AT INTERSECTIONS SHALL BE DONE IN STAGES, OR BLOTTER MATERIALS
SHALL BE USED, TO ALLOW CROSSING AND TURNING MOVEMENTS.
S. WHEN CONSTRUCTION IS BEING PERFORMED UNDER TRAFFIC, ALL EQUIPMENT,
INCLUDING LOADING VEHICLES AND SUPPLY TRUCKS WILL BE REQUIRED TO
OPERATE IN A SINGLE LANE ON WHICH THE MICROSURFACING IS BEING APPLIED,
UNLESS OTHERWISE APPROVED.
6. THE CONTRACTOR SHALL PROVIDE NOTICE TO THE CITY AND AFFECTED
RESIDENTS A MINIMUM OF 3 BUSINESS DAYS PRIOR TO COMMENCEMENT OF THE
PROJECT.
CITY OF
a'e ens le
ARKANSAS
ENGINEERING DIVISION
PHDNE (179) 575-8— 1- MP Om) ST5--2M
M
J
'r'..
i
fir •..,,..�,',
At
STREET
CHATSWORTH ROAD
WORTHINGTON WAY
FENNCHURCH WAY
MIDDLETON WAY
LITCHFIELD LANE
KITTERY LANE
NORWICH LANE
oil
AREA (Sq. Yd.)
LENGTH (L.F.
8,627
2.295
2,565
1.101
2,503
1,057
2,506
1,037
1,026
413
1,651
560
1,091
449
TOTAL [ 19,969 1 6,912
1 E�
TOWNSHIP ROAD ' ,} • '
Mv
' •.°SIF,. � � '� � � � ` r � I
yY k r
gal
1
5tee �4
~ JtEilC1S[w5
s'
"&ED t
r
f7lyyPR
3 T
sIOH4
"oar
`
L Y ! L
y
A--
Sii — T`i �` �• y � r'M�� a .dam ,'!!�
CHATSWORTH ROAD, WORTHINGTON WAY,
FENNCHURCH WAY, MIDDLETON WAY, ;
LITCHFIELD LANE, KITTERY LANE, AND
NORWICH LANE
MICROSURFACING 2017
{ ��r "y`` * .Ry..► rfR Ito
1A
SCALE: 1' =100'
>r
y4.y 'p f �4. ♦ {�, ,mow•
Jai jF
y�, •'.,/ r ! y iVe
k-
y� / �1 F� !�� .fes � a� L• 4i 3i M�.4-'-r�i`�`,. _ A,. yy 7 i "k' �a!'r ��R.*t i�`r�."` i �'r F�,v;. �
!� `r. y ~ . x 1� �,'a � � �� tiles 4 � � �: fr �"!�e • �. .. �y e w , ; � �,�.. }.� t`
4.
7f
w
. -. A
COVII44T 1N PARK BLVD
*a ,AM
STREET AREA (Sq. Yd.) LENGTH (L.F.) '.•.
., D
s
TOWNSHIP ROAD 10,261 2,476 s- , r R� SSIOrvAi��� i TOWNSHIP ROAD,
�p £+ CITY C3F
COVINGTON PARK BLVD. 4,890 1.765 �_ '�" w -Aori tiAirJ t>s�� . COVINGTON PARK BLVD,
INVERNESS LANE 294 101 y" o• ER .Cpm+ AND INVERNESS LANE 2
TOTAL 15,445 4,342 a .k w.�.- I� cnr SaS MICROSURFACING 2017
I{ �
I W-7
r—
I
Bey t � _ � — 1,I,' . I!' � • R � - � : #
lh Y
IIS
ir
kit
STREET AREA (Sq. Z) LENGTH (L.F.)
ASPEN DRIVE 5,181 1,588 d Y RED
rySON?,
BLUE MESA DRIVE 3,669 1,171 `i 1' v -J F
REDWOOD DRIVE 1,236 397
�T
TOTAL 10,086 3.156 14
tir
� 1
r r
Pot
ASPEN DRIVE, BLUE MESA DRIVE
AND REDWOOD DRIVE 3
s MICROSURFACING 2017
1 �. ._ -�.._ . � ;. -. _`. • ._ . ..' - -`•+:rte .., :�`,; '°r•I 4
40 wrrdl
r I Svc: so Si.F
��
� T
s
€ � t
/x
,
-f'
e.�
STREET AREA (Sq. Yd.) LENGTH (LF.)
DAISY LANE 3,732 1.219
QUEEN ANNES LACE DR. 2,729 897 !
LARKSPUR LN. 2,591 855 ; f�r--3 �`y's7 {/ � • � lb FLOWER DR. 2,294 753 �, ~r
f� pIy�g� ONAL Z DAISY LANE, QUEEN ANNES LACE DRIVE,
BLAZING STAR DR, 1,869 622 >� ��p ENGINEER T Y C,LARKSPUR LANE, BELL FLOWER DRIVE, BLAZING
€� rr(10.1 65 $eS
CROWN FLOWER DR. 1,618 434 4y L3p tis Grp p STAR DRIVE, AND CROWN FLOWER DRIVE
TOTAL 14,833 4,780 Lf ���(�i +-: � •".I. a :=S MICROSURFACING 2017
-411,
04
r
'Ile
loop
P p
STREET AREA (Sq. Yd.) LENGTH (L.F.)CITY OF
•q -
MEADOWLANDS DRIVE 7,400 2.323 44, Lr
ER 0'
-zi
Not to Scale
304or
MEADOWLANDS DRIVE
MICROSURFACING 2017
f
lqw m moo
It
W0RD5WRRTH LANE
� r s
!f `
oil . F
�.
"�.
- FlArl
STREET AREA (Sq. Yd.) LENGTH (L.F.) 47
WORDSWORTH LANE 1,906 572
ALLEY 4040 1,358 684 _r 0I
3 AS
ALLEY 4105 1,087 579 ` Er1 tip, WORDSWORTH LANE,
ALLEY 798 535 268 i� PRD SI0NAL �' T ,il r _ ALLEYS 766, 798, 4040, AND 4105
"` PSS
ALLEY 766 162 78��0
AND BRIGHAM DRIVE "
TOTAL 5,048 2,181 FKANS s MICROSURFACING 2017
a Q0
)U O M
J W
CO W
YO
THE AMERICAN INSTITUTE OF ARCHITECTS F '03".- p
(0 + O
OZ aC. i
OOrnma=0
(0 0 a) - L-
0 W 03 1L >.-i c) 0WNa>•-ic)
NU\ +1U '
(oZr+O c
(DLE197L
1 \ O N
OOOLo(0 M
U. 1.9C a)
CC •• O >
W a • • ++.•i Q
a m+� u>
Bond No. 674027554a E r- U m
H •• LQ• -1
a 0t a) a)
UC00)W--4 .-1
O •.i a) a) a) T •-1
AIA Document A312 0 Y CC LL 3 x LL
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shalt 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, AR
113 W. Mountain
Fayetteville, AR 72701
CONSTRUCTION UCOne ,2TOR1A7CT
SURETY (Name and Principal Place of Business):
Liberty Mutual Insurance Company
2200 Renaissance Boulevard, Ste. 400
King of Prussia, PA 19406-2755
Amount: $166,098.00 One Hundred Sixty Six Thousand Ninety Eight Dollars and 00/100
Description (Name and Location): Project 17-33 Construction 2017 Asphalt Microsurfacing
BOND
Date (Not earlier r-nntrat*t nAtol. J une,..6 , 2017
Amount: $166,0 ONCE B -Rb I H` V?IN ix housand
Modifications to th Bo None
CORPORATE SEAL
CONTRACTOR ASP MISSOURI 31 11 ETY
Company: VANCE BR(XP1EPil910006) 923-44gMpany.
Vance Brothers, Inc.
Signature: _ 01,
Name and Title: 011,
j4'(Any additional�tuppear on p 9 3)
Ninety Eight Dollars and 00/100
❑ See Page 3
Liberty Mutual Insurance
(Corporate
1912
Signature:
Name and ' e:J. Do la Attorney
John D. Toyce AR Non Resident Agent
Surety Phone No.: 610-832-8240
(FOR INFORMATION ONLY- Now. Address and Telephone) OWNER'S REPRESENTATIVE (AmhiteC4 Endineerorother
AGENT or BROKER: pQ1#W1 .
Thomas McGee, L.C.
PO Box 419013
Kansas City, MO 64141-6013
AIA DOCUMENTA212 il PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. *AIA
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1967
A312.1984
I The Contractor and the Surety, jointly and severalty,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 if the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided In Subparagraph 3.1.
3 If there is no Owner Default, the Surely's obligation
under this Bond shalt arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion 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 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 following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the 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 for 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
.2 Deny liability in whole orin part and notify the
Owner citing reasons therefor.
S If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness. the Surety shall be deemed
to be in default on this Bond fifteen.days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. if the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability. in
whole orin part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract. and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shalt 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 tor:
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
obligations of the Contractor that are unrelated to the Con.
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
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 inwhich hich 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 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.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, O.C. 20005 A312-1984 2
THIRD PRINTING • MARCH 1987
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 shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the 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 complywith 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.
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENTA312 • PERFORRIANCE BOND ANO PAYMENT BOND • DECEMBER 1984 ED. s AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
(Corporate Seal)
A312-1884
THE AMERICAN INSTITUTE OF ARCHITECTS
YJ1
Bond No. 674027554
AIA Document A312
Payment 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 P O Box 300107
Kansas City, MO 64130-0107
OWNER (Name and Address):
City of Fayetteville, AR
113 W. Mountain
Fayetteville, AR 72701
SURETY (Name and Principal Place of Business):
Liberty Mutual Insurance Company
2200 Renaissance Boulevard, Ste. 400
King of Prussia, PA 19406-2755
CONSTRUCTION CQNTRACT
Date: June bb 2017
Amount: $166,096.00 One Hundred Sixty Six Thousand Ninety Eight Dollars and 00/100
Description (Name and Location): Project 17-33 Construction 2017 Asphalt Microsurfacing
BOND
Date (Not earlier than Construction Contract Date): June 6, 2017
Amount: $166,098.Six Thousand Ninety Eight Dollars and 00/100
Modifications to this onVANCE BROTHERS IN None ®See Page 6
CORPORATE SEAL
CONTRACTOR AS PRE CIPALISSO SU ETY
Company: Co pany: (Corpora
Vance Brothers, Inc. VA CE BROTHERS INC (816) 923-4$ftrty Mutual Insurance Comp ny %
1912
Signature: Signature: 6�''x1
Name and Title: Name and ZK. J. DouMasAttori
`/� .// John D. JMYR Non Reside
Vow, �e — V /9 Surety Phone No.: 610-832-8240
(Any additionaaign ures appear on page 6)
act /
nt Agent
(FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect Enginesrorotirer
AGENT or BROKER: parry)
Thomas McGee, L.C.
PO Box 419013
Kansas City, MO 64141-6013
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. • AU1®
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20000 A312-1964 4
THIRD PRINTING • MARCH 1997
I The Contractor and the Surety, jointly and severally,
bind themselves, their heirs. executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
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, 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, 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 H 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 tabor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
5 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 Surety'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.
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 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 Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
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
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3. or (2) on which the last
labor or service was performed by 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. shalt 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
AUI DOCUMENT Amt • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVL.. N.W.. WASHINGTON. D.C. 20006 A312-1984 5
THIRD PRINTING • MARCH 1967
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.
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 Construction 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. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 6
Liberty interchange Corporate Center
Mina 4Jdl�� 450 Plymouth Road, Suite 400
Plymouth Meeting, PA. 18462-1844
Ph. (610) 832-8240
RIDER AMENDING PAYMENT BOND
This rider is to be attached to and form a part of surety bond number 674027554 , dated the 6th day of
h in P —2017 201 7 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. AR
as Obligee (the "Obligee°).
WHEREAS, the Principalhas g 6th June 2017
by carmen agreement dated the day of
entered Into a contract (the "Contract") with the Obfrgee for: Project 17-33 Construction 2017 Asphalt
Microsurfacina
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 fumished 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 arW 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 datm, requested by the
Surety, the Surety shall, within a reasonable period of time. which shall not be less than 46
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 of lability 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 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 3s haraln fnndlftd. -
liN WITNESS WilEREOF, said Prlrn"d� nd Surety have caused these presents to a dWpJ0QfaJJITJJWS INC
th day of June 2D��
CORPORATE SEAL
MISSOURI
Vance Brothers, Inc.
(i'dncipal)
LIBERTY MUTUAL INSURANCE COMPANY
(Safety)
Title:
Date: J une
By:
Title: Atto -In; ao J ouglas Joyce
Date: June 6,017
*john D. Joyce
LMIC-3060 AR Non Resident Agent 2/08
16) 923-4325
`This Power of Attomey 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 Attomey call 610832.
8240 between 9:00 am and 4:30 pm EST on any business day.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty
Mutual Insurance Company Is a corporation duly organized under the taws 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 caped the'Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint J. Douglas Joyce
of the city of Kansas City state of MO its true and lawful attomey4n fact, with full power and authority hereby conferred to sign, execute and acknowledge the following
surety baud:
Principal Name: Vance Brothers, Inc.
Obligee Name: City of Fayetteville AR
Surety Bond Number: 674027554 Bond Amount: See Band Form
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or oificial of the Companies and the corporate seals of the Companies have been affixed
thereto this 61h day of March. 2017.
S The Ohio Casualty Insurance CompS
iN Liberty Mutual Insurance Company any
o ^ o
Wes3l4mencan Insurance Company
1919
1912 x R � 1991
? a
By:
* * * David ITICaray, Assistant Secretary
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 6" day of March. 2017, before me personally appeared David M. Carey, who admowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio
Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute Ole 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 KM of Prussia, Pennsylvania, on the day and year first above written.
gA PASS, COMMONWEALTH OF PENNSYLVANIA
F�! Notarial Seal
Teresa Pastelle, Notary Public
all
OF per MerionTWp., Montgomery County By-. y Commission Expires March 28, 2021 71�4Teresa Pastella, Notary Public
Member, Pennsylvania Association of Notaries
This Power of r ' W" and executed pursuant to and by authority of the folbwing By-laws and Authorization of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — 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 imitation as the Chairman or the President may prescribe, shall appoint such attomeys-infact, as may be necessary to ad In behalf of the Corporation to make, execute,
seal, acknowledge and deliver as surety any and all udertakings, bonds, recognaances and other surety obligations. Such attorneys -lo -fact, subjed to the imifatiors 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 shad be as binding as I signed by the President and attested to by the Secretary. My power or authority granted to any representative or attorney-
in-fact under the provisions of this article may be revoked at any time by the Board, the Charman, the President or by the officer or officers granting such power or authady.
ARTICLE XIP — Execution of Contracts — SECTION 5. Suety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may presabe. shag appoint such attorneys-irAact, as may be necessary to ad in behalf ofthe Company to make, execute,
seal, ac knowledge and deliver as surety any and all undertakings, bonds, moognizances and other surety obligations. Such attomeys-Iidact subject to the Imblions set forth In their
respective powers of attorney, shall have U 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 shag be as binding as rfsigned 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 David M. Carey, Assistant Secretary to appoint such attomeysdn.
fact as may be necessary to ad on behalf of the Company to make, execute, seal, adonowledge and deliver as surely, any and all undertakings, bonds, reeognaanees and other suety
obligations.
Authorb ation — By unanimous consent of the Compar/s Board of Directors, the Company consents that facsimile or mechanically reproduced signabme of arty assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with suety bads, shag be valid and binding upon the Company with
the some force and effect as though manually affixed.
I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual lnswance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing Is a full, tme and correct copy of the Power of Attorney exearted by said Companies, Is in fun force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this ti t h. day of J u n e 2017
*I %NSU#, TTY INSt/NINSU�
�
w 1912 i 1919 c 1991 i " By:
d si ay 0+ y a;° �, _ e ee C. Lle 11 istant Secretary
i'�cn+xfi e� yr`�NAtaa ��' '' �ox�N► �`
w * ,r
City of Fayetteville
Bid 17733, Construction — 2017 Asphalt Microsurfacing
Contract - Between City and Contractor
This contract executed this 6 day of June , 2017, between the City of Fayetteville, Arkansas, and
Vance Brothers Inc. In consideration of the mutual covenants 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 17-33 as stated in Vance Brothers Inc bid proposal, and in accordance with
specifications attached hereto and made a part hereof under Bid 17-33, 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
$166,098 for the initial scope of work and $2.28 per square yard for changes necessary based on proiect conditions.
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.
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 17-33 with the specifications and conditions typed thereon.
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.
Workmen's Compensation StatutoryAmount
City of Fayetteville, AR
Bid 17-33, Construction —2017 Asphalt Microsurfacing
Page 28 of 29