RES NO 06-05-2023 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 023
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF MOORE
CONTRACTING COMPANY, INC., FOR 2023 STREET
OVERLAYS;AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for street overlays; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Moore Contracting Company, Inc., is the lowest bidder meeting the bid
specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren, Arkansas accepts the bid of$164,600.00, for the 2023
Street Overlays, as set forth in"Exhibit A" attached hereto.
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for
the City of Van Buren to pay all street overlay expenses,not to exceed the amount
of the low bid submitted, as set forth in"Exhibit A"attached hereto.
IN WITNESS WHEREOF,the Cit-y of Van Buren,Arkansas,by its City Council,
did pass,approve, and adopt,by a vote of±5 for and b against,the foregoing Resolution
at its regular meeting held on the 26ffi day of June 2023.
J-V`�G�eck Tres G% _
Jose P. urst
City of Van Buren Mayo
ATTESTED: 0- my APPROVED AS TO FORM:
v/ryCouilt
, S
Shawnna Reynolds Jac b Howell
City Clerk/Treasurer City ey
J
✓tea` .:_',-��,
tig �� �' I
[l� C� ` U
j t,�� 11' 1[I � ,''U.)�
������J�111111ti1������
.......................... ................................... ....................................................................................................
NEAR MORRISON CONSULTING, LLC
4000 Blue Hole,Roa.d Rudy,AR 129V
479-459-24,27
June X2,2023
Mr.Sohn,Katstens
City of Van.B4en Street Superintendent
1003 Broadway
van Buren,Arkansas 72756
RE: 2.023 Street Ovei lays
Xan.Burm AR
Dear John,
Attached,please find a copy of the. certified bid tabulation for the subject project for the bid
opening that Was conducted June 12, 2023. The low bidder has been verified to be Moore
Contraction Company, Inc. of Pocola,Oklahoma with- a bid of,$164,600. Based on a review of
this company's:qualifications,I recommend that thO,C-ity accept the low bid and award the contract
to Moore Contracting Company,Inc.
Upon acceptance,executable copies of the proj
ect
pro tiiqp,4a!,\x ill.be forwarded to the Contractor aiid
request that they obtain their bonds and insurance certificates,sign the agreements,and return them
for the Mayor's signature.
Please 1p-tme know.,,if you have:,any-questions or comments on:this matter.
Sincerely,.
Neal T.,M6rds6h,P.E.
Enclosure
...... .......... ...... ...
k.,
S
BIDTABULATION
2023 Street Overlays
Van Buren,Arkansas
For Bids Received June 22, 202$ Certified Correct:
i
i
Moore Contracting Cm, Inc. Emery Sapp and Sons, Inc.
Item No. description Quantity Unit Unit Cost Total Cost Unit Cost Total Cost
1.. Mobilization 1. hump Sum $ 3,500.00 $ 3,5QQ.00 $ 15;446.41 $ 15,446.41
2. Maintenonee of Traffic and Traffic Control 1 Lump Sum $ 2,000.00 $ 2,000,00 $ 16,402,83 $ 16,402.83
3. Tack Coat 700 Gallon 4.00. $ 2,800.00 $ 6.30 $ 4,410.00
4. AC:H.M Surface Course(Type 3) 800 Ton $ 120.00 $ 96,000.00 $ 165.43 $. 132,344.0.0
Si, Cold Milling.(2"Thickness) 6r700 Sq.Yd. $ 9.00 $ 60,300.00 $ 4.64 $ 31,088.00.
Total Bid (items 1 through 5): $ 164,600.00 $ 199,691.24
1
I
i
i
1
i
i
i
BID PROPOSAL
PROJECT IDENTIFICATION:
2023 Street Overlays
Van Buren,Arkansas
THIS,BID IS SUBMITTED TO:
Mr.John Karstens,Street Superintendent
1003 Broadway
Wan Buren,AR 72956
I.01 The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an
Agreement with OWNER in the form included;in the Bidding Documents to perform
all Wort as specified or indicated in the Bidding Documents for the prices and within
the times indicated in this Bid and in accordance with the other terms and conditions of
the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without Iiinitation those dealing with the
disposition of Bid security.The Bid will remain subject to acceptance for 60 days after
the Bid opening,or for such longer period of time that Bidder may agree to in writing
upon request of OWNER.
3;0.1 In submitting this Bid,Bidder represents,as set forth in the Agreement,that:
A. Bidder has examined and carefully studied the Bidding Documents, the other
related.data identified in the Bidding.Documents,and the following Addenda:
Addendum No. Addendum Bate
nla
nfa
nta
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,and performance
of the Work.
;t
C. Bidder is familiar with and is satisfied as to all federal,state and local Laws and
Regulations that may affect cost,progress and performance of the Work.
Bid Proposal-Page I of4
s
8
t
t
a
r
i
s
D. Bidder.has carefully studied all: z
C
1, reports of explorations and tests of subsurface conditions at or contiguous j
to the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except
Underground Facilities)which have been identified in the Supplementary
Conditions as provided inparagraph 5.03 of the General Conditions,and;
2. reports and drawings of a Hazardous Environmental Condition, if.any, ,
which has been identified ih[lie Supplementary Conditions as provided
in paragraph 5.06 of the General Conditions,
E. Bidder has obtained and carefiilIy studied(or assumes responsibility for having
done so) all additional or supplementary examinations, investigations,
explorations, tests,studies and data concerning,conditions (surface, subsurface
and Underground Facilities)at or contiguous to the Site which may affect cost,
progress,or performance of the Work.or which relate to any aspect of the means,
methods,techniques,sequences,and:procedures of construction:to be employed
by Bidder, including applying the specific mean-, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs
incident thereto.
F. Bidder does not consider that any other examinations, investigations,
explorations,tests,studies,or data are necessary for the determination of this Bid
for performance of the Work at the price(s) .bid and within the times and in
accordance with the other terms and conditions of the Bidding Documents.
O. Bidder is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding 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 Bidding Documents, and all additional examinations, investigations,
explorations,tests,studies,and data with the Bidding Documents.
I. Bidder has given ENGINEER.written notice of all conflicts,errors,ambiguities,
or discrepancies that Bidder has discovered in the Bidding Documents,and the
written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are ,generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work for
which this Bid is submitted.
Bid Proposal-Page 2 of 4
i
i
4:01 Bidder further represents that this Bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with {
9
any agreement or mules of any association, organization or corporation;Bidder has not
directly or indirectly induced or solicited any, Bidder to submit a false or sham.Bid;
Bidder has not:solicited or induced any inilividual or entity fioin bidding;and Bidder has
.not sought by collusion to obtain for itself any advantage over any other Bidder or
x
OVINER.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the
following,price(s).
Item No. Description Quantity Unit Unit Cost Total Cost
:1. Mobilization 1 LS $ 3 00.00 $ 3,500.00 f
Maintenance of Traffic and I L3 $.2,0t30.0.0 2,000.00
Traffic Control
3. Tack Coat 700 GAL $ 4.00 $2,800.00
4. ACHM 3unface Course 800 TON $ 92U.00 $ 96,000.00
(Type 3)
300.00
5. Cold.Milling(2"Thickness) 6,700 SY $; 9:00 . 60,.......
TOTAL BID(Item],through 5): $ 164,600.00
Unit Prices have been.computed in accordance with paragraph 13.0.1 of the General
Conditions. Bidder acknowledges that estimated quantities are not guaranteed and are {
solely for the purpose of comparison of Bids, and final payment for all Unit.Price bid
items will be based on actual quantities provided,.determined as provided in the Contract �
Documents.
l
Bid Proposal-Page 3 of
3
t
{
j!
Y
1
6.01 Bidder agrees that the Work will be substantially completed and ready for final payment
in accordance with paragraph 15.06 of the O,eneralConditions on or before the dates or
within the number of calendar days indicate&in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work:within tine tithes specified above,which shall be stated in
the Agreement. g
f
5
SUBMITTED on June 22 ;2023. `
00541�14424 'd
State Contractor License Into.
Corporation Name: iVltnore Contracting Company,lnc (SEAL) X.
SZAL
40
State of Incorporation: ARIOK
Type(General Business,Professional,Service,.Limited Lis[.ilityj: ._,
5
By: ! ��� June.22,2023 .
Sfgrutt!(r a Date
Title of signatory: President
Business address: 500 Haman Ave
Pocola,OK 74902 {
Phone No 918-436-0606
s
6
{
I
f
Bid Proposal-Page 4 of 4 ?
s
i
i
t
.......... ............. ............
UNITED FIRE&CASUALTY COMPANY
118 Second Avenue SE..PO Box 73909
Cedar Rapids,Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS,that we
Moore Contracting Company Inc,
500 W Haman Ave,Pocola,OK 74902
as Principal,hereinafter called the Principal,and the UNITED FIRE&CASUALTY COMPANY,a corporation duly
organized underthe laws of the State of IOWA.as Surety,hereinafter called the Surety,are held and firmly bound unto
The City ofVan Bur-en,1003 Broadway,Van Buren,AR 7295,6
as Obligee,hereinafter called the Obligee,in the sum of--5 5,16,ofBid.
Dollars 1 -5% I,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
2023 Street Overlays
Van Buren,AR
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 material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
such contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise
to remain In full force and effect.
Signed and seated this 22nd day of June
20-23
Moore Contracting Company In
By
V
(WITNESSrc-- (TITLE)
UNITED FIRE&CASUALTY COMP—ANY--is")
SURETY}
AM)W-OL By
(JITNESS) (ATTORNEY-IN-FACT)
CONT 090I 0899
_....... ........ �_..._ .W.. .. .....,_.__............._.: ._.._...._._..:._..W_......_.. _ _ .�._.
UNIT M' FIRE&CASUAL'!'YCOMPANY,CEI)AR.RAPIDS,IA Inquiries: Surety Department
uNlri.1 FfitE&wEtvfl•If3'Y dMPANY,WEBSTER,TX 118 second Ave SE
FIh11i7 CTiILS'ACIPIC.iNSUC1tkNCE COMPANY,LOS ANGELES,CA Cedar Rapids,lA 52401
tNSU!NCE CERTIFIED COP YDFPOWEROFATfORNEY
(original oil file at home Office ofCompany—See Certification)
KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the lam
of the Statc of Iowa;United Fire&Indemnity Company,a corporation duly organized and existing tinder the laws of the State of Texas;and Financial
Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called die
Companies),and having their corporate headquarters in Cedar Rapids,State oflowadors matte,constitute and appoint
WALTER MOORMAN, JAMES G. RUSSELL, CASEY BRYCE, TRAVIS HILL, AUSTIN FLEER, DEBRA SCOTT,, EACH
I'NDIVI:DUALLY
their true and lawful Attomey(s)-bi-Fact with power and owlwrity hereby conferred to sign.seal and execute in its behalf air lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $2,000,000.00
and to biro!the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expire the 12t h day of November,, 2022 un I ess sooner revoked by United Fire&Casualty Company,
United Hire&Indemnity Company,and Financial Pacific Insurance Compmry.
This Powerof Attorney is made and executed pursuant to mid by authority of the following bylaw duly adopted by the Boards of Directors of United
Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company.
"Article W—Surch ponds and irndertakings"
Section 2.AppointmentofAttomey-in-Fact."IhePresidentoranyVieePraident oraayothcroMceroftheCompaniesmay,fromtimctotime,appointbywsittencertificates
attorneys-in-fact to act.inbehaifoftheCompaniesintheexecutionofpolieiesofi,nsurancc,boads,undertakings andotherobligatoryinstrumentsoflikenature,Thesiguature
afanyotTiecr auihorized hereby,aadttaeCorporateaeai,may be affixcdby facsimile to any power ofattorney orspecial poweraf attomcy or eartiftcatian ofeithcrauthorized
hereby;such signatureand sea],when so used,being adopted by the Companies as the original signature of such ofi`i=and the original seal of the Companies,to be valid
and binding upon the Companies wlih the same force and effect as though manually affixed. Such anomeys-in-fact,subjeet to the limitations set of forth in their respeetsve i certificaics of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto.
The President or any Vice President,the Board of blrectors or any other officer ofthe Companies may at any time revoke all power and authority previously given to any
attorney-in-fact.
1
IN wrrN i.SS wHwUiOI;the COMPANIES have each causedlitese presents to Ire signed by its
µ� vice president and its corporate seal to be hereto.af med this t 2t:h day of November, 2020
,tujwp'
I y �,•a ��'� y.•t�at�lyi`}'s UNITED FIRE&CASUALTY COMPANY
cusrasau conraxara°ar y��,,~ r �;� UNITED FIRE.&.im-imNiTy COMPANY
-111 ,arc 4
seat �#,^r' sari sr tau * FINANCIAL:PACIFIC INSURANCE COMPANY
�i�ltav,Sb `� ��'++zr aT".xar '"`41�ati�✓* t
State of Iowa,County ofLinnI ss: n4
Vice President
On Mt) stay of November, 2020, Before me personally came Dennis .J; Richmann ?
to me!crown,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire
&Casualty Company,a Vice President of United Fire&Indemnity Company,and a Vice President of Financial Pacific Insurance Company the
cogxtrations described in and which executed the above instrument,drat he knows the seal of said corporations;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board ol'Directors ofsaid Corporations and that he signed his name thereto
pursuant to like authority,and acktowledges saute to be the act and deed of said corporations.
i
Judith allote ial Se
s Iowa NataHat Seal
• Commission number 173041
orR My Commtlsslon Expltes 412=024 Notary Public
My commission expires:4123/2024
1,Maty A.Bertsch,Assistant Secretary of United Fine&Casualty Company mud Assistant Secretary of United Fire&Indemnity Company,and Assistant
Secretary of Financial Pacif is Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and
the copy of"the"Section of the bylaws and resolutions of said't orpomtions as set forth in said Powys of Attomey.with ilic ORIGINALS ON FILE IN THE-
HOME OFFICE OF SAID CORPORATIONS,and dial the saine are correct transcripts thereof,and of the whole of the said originals,and that.the said
PowerdtAttorney has not beenrevoked and is now in fufI force and effect.
In testimony whetroff have I cp=ito snbscnW my name and affixed the corporate seal of the said Corporations
this 22nd day o,''June 20 23
aat�l. u4 t�t»usiK 1 art+"'PJi. ..
n �tip#
d fig<t7Nf'OaXI'� K. , ,�YRut7stalk Tl' N%b�Yv,�`'dr! !t
r9L4 1
A1II1a51e� Assistant Secretary.
t7lhaLtil 1ppW;,enw" OF&C&UF&!&EPIC
BPOA.00431.22011
BID PROPOSAL
PROJECT IDENTIFICATION:
2023 Street Overlays
Van Buren,Arkansas
THIS BID IS SUBMITTED TO:
Mr.John Karstens, Street Superintendent
1003 Broadway
Van Buren,AR 72956
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Bidding Documents to perform
all Work as specified or indicated in the Bidding Documents for the prices and within
the times indicated in this Bid and in accordance with the other terms and conditions of
the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. The Bid will remain subject to acceptance for 60 days after
the Bid opening, or for such longer period of time that Bidder may agree to in writing
upon request of OWNER.
3.01 In submitting this Bid,Bidder represents,as set forth in the Agreement,that:
A. Bidder has examined and carefully studied the Bidding Documents, the other
related data identified in the Bidding Documents, and the following Addenda:
Addendum No. Addendum Date
V-1I2 inIa
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,and performance
of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost,progress and performance of the Work.
Bid Proposal-Page 1 of 4
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 (except
Underground Facilities)which have been identified in the Supplementary
Conditions as provided in paragraph 5.03 of the General Conditions,and;
2. reports and drawings of a Hazardous Environmental Condition, if any,
which has been identified in [he Supplementary Conditions as provided
in paragraph 5.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods,techniques, sequences, and procedures of construction to be employed
by Bidder, including applying the specific mean-, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs
incident thereto.
F. Bidder does not consider that any other examinations, investigations,
explorations,tests,studies,or data are necessary for the determination of this Bid
for performance of the Work at the price(s) bid and within the times and in
accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding 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 Bidding Documents, and all additional examinations, investigations,
explorations,tests, studies, and data with the Bidding Documents.
I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that Bidder has discovered in the Bidding Documents, and the
written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work for
which this Bid is submitted.
Bid Proposal-Page 2 of 4
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with
any agreement or rules of any association, organization or corporation; Bidder has not
directly or indirectly induced or solicited any Bidder to submit a false or sham Bid;
Bidder has not solicited or induced any individual or entity from bidding;and Bidder has
not sought by collusion to obtain for itself any advantage over any other Bidder or
OWNER.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the
following price(s):
Item No. Description Quantity Unit Unit Cost Total Cost
1. Mobilization 1 LS $ ��� L�WIv '� $ I J�Ll�llv'�-11
2 Maintenance of Traffic and 1 LS $ Lb,ujOj .1d3 $ �10.,410Z.`63
Traffic Control
3. Tack Coat 700 GAL
4 ACHM Surface Course 800 TON $
(Type 3)
132,31-t�-t
5. Cold Milling(2"Thickness) 6,700 Sy $ y-U LA $ O$t
TOTAL BID (Item 1 through 5): $ (-O°l I -2N
Unit Prices have been computed in accordance with paragraph 13.01 of the General
Conditions. Bidder acknowledges that estimated quantities are not guaranteed and are
solely for the purpose of comparison of Bids, and final payment for all Unit Price bid
items will be based on actual quantities provided,determined as provided in the Contract
Documents.
Bid Proposal-Page 3 of 4
6.01 Bidder agrees that the Work will be substantially completed and ready for final payment
in accordance with paragraph 15.06 of the General Conditions on or before the dates or
within the number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified above, which shall be stated in
the Agreement.
1 J^
SUBMITTED on 5 xy%e. 21- 2023. Y
\ %v ` w
State Contractor License No. QIS33 ROLVLLk _w
Corporation Name: EwkytN Sege and 501ns (SEAL)
State of Incorporation:
Type (General Business,Professional, Service,Limited Liability): 1-0«c'refa K on
By: V-22 23
ignature Date
Title of signatory: AV P
Business address: 'J HA N- Dzk 5k4O-t:?
*njj,ai,t , A2 7 Z?(o y
Phone No.:
Bid Proposal-Page 4 of 4
! 2�
) . .
\ � $
I
�2
\
� *AA
r�/\�� .
/ 110 \ -
} , r
� 17�
��/rm/ N
LIST OF PROPOSED SUBCONTRACTORS
2023 Street Overlays
City of Van Buren,Arkansas
In compliance with Act 159 of 1949, as amended, of the Acts of the General Assembly of
the State of Arkansas, I,the undersigned General Contractor,hereby certify that proposals
from the following Subcontractors were used in the preparation of the bid. The
undersigned General Contractor agrees that if he or she is the successful bidder and if the
following Subcontractors are approved, that he or she will not enter into contracts with
others for these division of work without prior written approval from the Engineer or
Owner.
• Type of Work: ✓i 10.
Subcontractor's Name Subcontractor's License No.
Subcontractor's Address
• Type of Work:
Subcontractor's Name Subcontractor's License No.
Subcontractor's Address
• Type of Work:
Subcontractor's Name Subcontractor's License No.
Subcontractor's Address
Bidder(General Contractor)
By
(Signature must be same as on
Proposal Form)
Title:
List of Proposed Subcontractors-Page 1 of 1
w
Liberty
Mutual.
SURETY
BID BOND
Conforms with The American Institute of Architects,
A.I.A.Document No.A-310
KNOW ALL BY THESE PRESENTS,That we, Emery Sapp &Sons. Inc.
5168 N Oak Street,Springdale,AR 72764
r as Principal,hereinafter called
the Principal,and Liberty.Mutual Insurance Company of Boston MA
a corporation duly organized under the laws of the State of MA ,as Surety,hereinafter called the Surety,are held and
firmly bound unto City of Van Buren, 1003 Broadway,Van Buren,AR 72956
_ 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 2023 Street Overlays
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 material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full
force and effect.
Signed and sealed this 22nd day of Tune 2023
Emery Sapp&Sons.Inc. (Seal)
Principal
Witness
Title
Liberty Mutual Insurance Company
C
Y V T
Witness By
INS UR Allison Madr3di'Att37fney-in Fact-"
V.,
a
dam,�9gCMU+" as r
LMS-11448 10/99
x�
r
�, \fit�, !y�t 'G,�t✓ , �/
t' 1
.F
.r This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8210021-973699
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
Allison Madrid;Darla A.Veltrop;Kris Copra;Louis A.Landwehr
all of the city of Jefferson City state of MCI each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 26th day of April 2023 .
Liberty Mutual Insurance Company
NS The
JQ oaeo u�y JQ�°aroRq�y k;P�o Poaa�y West AmericanInsurance Companyhio Casualty Insurance opony
`fir o P
J3� Fob Q' 3
1912 - 0 1919 LU 1991
N Y v m S�
dJ1 SS4CHU54.aL 0 HAMP`'a\,aD� PCs �NO�ANp' ,aa� f GGG Z 2-712 U
David M.Carey,Assistant Secretary
ro State of PENNSYLVANIA ss _
County of MONTGOMERY O
4- :43) On this 26th day of April 2023 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 a>
m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a)@�
1 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written.
0 in P PAST aO
L Q�lS F�°N W c��t Commonwealth of Pennsylvania-Notary Seal
O Ir Teresa Pastella,Notary Public
N'FU
d t` 0 5 9 Montgomery County
02 OF My commission expires March 28,2025 By 00
Commission number 1126044 =Q a_.
Qj r� NSyIJP Teresa Pastella,Notary Public O
O gRy v 0Co
04
0 a
a3 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual
EInsurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: li
s_:? ARTICLE IV—OFFICERS:Section 12.Power of Attomey. o
C:)o E2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a
6 c President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety c C°
CU r- any and all undertakings,bonds,recognizances and other surety obligations.Such alomeys-in-fact,subject to the limitations set forth in their respective powers of attomey,shall c
o t= 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�O N
Z n instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the — m
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti n
ARTICLE XIII—Execution of Contracts:Section 5.Surety 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 prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effectand
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 22nd day of June 2023
INSU q`f INS& INS(r�
J 2ooaroRyyOco �J2o°avoRgr�'pgy� U °
Q2oprR4roLVct`
1912 Q o 1919 f 1991 ",f ="= �" ,zw :
d���sActtoe�aa O AM4s�aay' rs ��D1NNP�aa Renee C.Llewellyn,Assistant Secretary, -1 —
LMS-12873 LMIC OCIC INAIC Muld Co 02/21
rr
A
i
�,
�� `(1�5� ]� �r
<�4 , � � ,
�� �,�� w'��1�,
r ;r�> '��', tia
�R�
c)
N ��� ) ' r .
' ." } �
(1�� ' . � a �� ''v
r � rrc � � �
s.-
t VAN B'U RE
A R K A N S A S
June, 2023
Project Manual for:
2023 Street Overlays
Prepared for:
The City of Van Buren
1003 Broadway
Van Buren, Arkansas 72956
Prepared by:
Neal Morrison Consulting, LLC
4000 Blue Hole Road
Rudy, Arkansas 72952
i ARKANSAS
0 P AL
! EER
stir # i
�f y No.7851
11
1c=O ,
Ju.v.e g, 2023
p
z-
INDEX
Specifications and Contract Documents
2023 Street Overlays
City of Van Buren,Arkansas
ADVERTISEMENT and INSTRUCTIONS TO BIDDERS
Advertisement for Bids
Instructions to Bidders
CONTRACT DOCUMENTS
Bid Proposal
List of Proposed Subcontractors
Contract Agreement
Certificate of Insurance
Payment Bond
Performance Bond
GENERAL CONDITIONS
SPECIAL CONDITIONS
Section 100 Special Conditions
TECHNICAL SPECIFICATIONS
Section 101 Definitions and Terms
Section 104 Scope of Work
Section 105 Control of Work
Section 106 Control of Material
Section 120 Maintenance of Traffic and Traffic Control
Section 140 Stormwater Pollution Control
Section 320 Prime and Tack Coat
Section 330 Asphalt Concrete Hot Mix(ACHM)Courses
Section 360 Cold Milling Asphalt Pavement
Index-Page 1 of 1
ADVERTISEMENT
2023 Street Overlays
City of Van Buren,Arkansas
SEALED PROPOSALS will be received on behalf of the City of Van Buren at the Municipal
Complex (1003 Broadway, Van Buren, Arkansas 72956) for the 2023 Street Overlays project.
The proposals will be publicly opened and read aloud at the City of Van Buren Council Room at
10:00 a.m. CST,June 22,2023.
THE PROJECT includes,but is not limited to the following general scope of work:
Cold milling, tack and asphalt concrete overlay (2" thickness) of approximately
3,600 linear feet of City street for the southbound lane of North 1 Ith Street from
Boardwalk Street to Lincoln Street and cold milling(2"thickness)and tack only for
both lanes of Fir Drive from Hunter Hill Drive to Somerset Way. The project will
require approximately 6,700 square yards of cold milling, 800 tons of asphalt
concrete, 700 gallons of tack coat, traffic control and other incidental items
necessary to complete the work.
The Contract Documents may be examined at the office of the Street Superintendent at 1003
Broadway, Van Buren, Arkansas 72956. To obtain a copy of the Contract Documents, potential
bidders and other interested parties must register at QuestCDN.com (Project No. 8555050)where
the documents can be downloaded for a fee of$30.00. To download, visit QuestCDN.com and
enter the project number. ALL PRIME BIDDERS MUST BE REGISTERED AT
QUESTCDN.COM IN ORDER TO SUBMIT A BID FOR THIS PROJECT. For assistance,
please contact QuestCDN at(952)233-1632 or infona questcdn.com.
Act 150 of 1965,Arkansas Statutes,states that a Contractor must be licensed by the State Licensing
Board of Contractors or have an application for license on file with the Licensing Board before he
may submit a bid for work when the cost thereof is Twenty Thousand Dollars ($20,000.00) or
more.
The OWNER reserves the right to reject any or all bids and to waive formalities in the bidding
forms.No bid may be withdrawn within sixty(60)days after the scheduled closing time for receipt
of bids.
Any questions regarding bids shall be directed to Neal Morrison,P.E.by phone at(479)459-2427,
or by email at ntmorrisonkyahoo.com.
This advertisement published June 8th and 18th,2023.
By: John Karstens
Street Superintendent
INSTRUCTION TO BIDDERS
2023 Street Overlays
City of Van Buren,Arkansas
1. PROPOSALS
a. Proposals shall be strictly in accordance with the prescribed forms furnished with
the specifications. Any modifications or deviations therefrom may be considered
sufficient cause for rejection.
b. The proposal must be legibly written in ink with all prices given in figures. If the
unit price and total amount for any item is not in agreement, the unit price shall
govern and the totals will be corrected to conform thereto. Erasures or other
changes in the Proposal must be explained or noted over the initials of the Bidder.
C. Proposals must be submitted for all of the work which the bid is submitted.A price
shall be bid for each item listed in the unit price schedule. Any bid covering only
a part of the work will not be considered.
d. Proposals must be signed,in writing,by an individual authorized to bind the Bidder.
e. Bid Proposals must be submitted with Proposal Guaranty conforming to Section
6. They must be submitted at the place and on or before the time specified in the
Advertisement for Bids.
f. Bid Proposals must be submitted in sealed envelopes addressed to the Owner, and
clearly marked in accordance with paragraph 5,DELIVERY OF PROPOSAL.
g. The plans, specifications, and other documents designated in the Proposal form
shall be considered a part of the Proposal whether attached or not.
2. ISSUANCE OF PROPOSAL FORMS
a. The Owner reserves the right to refuse to issue a proposal form to a prospective
Bidder should such Bidder be in default for any of the following reasons:
1. Failure to comply with any prequalification regulations of the Owner, if
such regulations are cited, or otherwise included, in the Proposal as a
requirement for bidding.
2. Failure to pay,or satisfactorily settle,all bills due for labor and materials on
former contracts in force (with the Owner)at the time the Owner issues the
proposal to a prospective Bidder.
3. Contractor defaulted under previous contracts with the Owner.
Instructions to Bidders-Page 1 of 4
4. Unsatisfactory work on previous contracts with the Owner.
3. INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES
An estimate of quantities of work to be done and materials to be furnished under these
specifications is given in the Proposal.It is the result of careful calculations and is believed
to be correct. It is given only as a basis of comparison for Proposals and the award of the
Contract. The Owner does not expressly or by implication agree that the actual quantities
involved will correspond exactly therewith; nor shall the Bidder plead misunderstanding
or deception because of such estimates of quantities, or of the character, location, or other
conditions pertaining to the work. Payment to the Contractor will be made only for the
actual quantities of work performed or materials furnished in accordance with the plans
and specifications. It is understood that the quantities may be increased or decreased as
hereinafter provided in the General Conditions without in any way invalidating the unit bid
prices.
4. LOCAL CONDITIONS
a. Bidders shall read the specifications, examine the drawings, and make their own
estimates of the existing facilities and the difficulties which will attend the
execution of the work called for by the proposed Contract, including local
conditions,uncertainty of weather,and all other contingencies.Bidders shall satisfy
themselves by personal examination of the location of the proposed work and by
such means as they may choose as to the actual conditions and requirements.
Information derived from the plans and specifications or from the Engineer or his
assistants shall not relieve the Bidder of this responsibility.
b. The submission of a proposal shall be prima facie evidence that the Bidder has
made such examination and is satisfied as to the conditions to be encountered in
performing the work and as to the requirements of the proposed Contract, plans,
and specifications.
5. DELIVERY OF PROPOSAL
Each Proposal submitted shall be placed in a sealed envelope plainly marked with the
project name, and business address of the Bidder on the outside. When sent by mail,
preferably registered, the sealed Proposal, marked as indicated above, should be enclosed
in an additional envelope. No Proposal will be considered unless received at the place
specified in the Advertisement before the time specified for opening of bids. Proposals
received after the bid opening Lime shall be returned to the Bidder unopened.
5. PROPOSAL GUARANTY
Proposals must be accompanied by a certified check drawn on a National Bank, or a bank
having membership in the Federal Reserve System, or by a bid bond executed by a
Instructions to Bidders-Page 2 of 4
satisfactory Surety Company. The proposal guaranty shall be in an amount not less than
five percent (5%) of the total amount of the bid. The proposal guaranty shall be made
payable to the City of Van Buren.
Check or bond of the successful Bidder shall be forfeited in case the Bidder neglects or
refuses to enter into a contract and to furnish the required performance bond and payment
bonds within ten(10) days after the prescribed Contract and bond forms are presented for
his signature.
Checks or bid bonds of unsuccessful Bidders will be returned after the project has been
awarded to the successful bidder.
7. WITHDRAWAL OR REVISION OF PROPOSALS
a. Bidder may withdraw or revise (by withdrawal of one proposal and submission of
another)a Proposal provided that Bidder's request for withdrawal is received by the
Owner in writing before the time specified for opening bids. Revised proposals
must be received at the place specified in the Advertisement before the time
specified for opening of bids.
b. Bidder may not withdraw a bid for a period of sixty (60) days after the opening
thereof as per the terms stated in the Proposal.
8. OPENING OF PROPOSALS
Proposals shall be publicly opened and read aloud, at the time and place specified in the
Advertisement.Bidders or their authorized agents are invited to attend.Proposals that have
been withdrawn (by written request) or received after the time specified for opening bids
shall be returned to the Bidder unopened.
9. BID BONDS, CONTRACT BONDS,and INSURANCE
Attention of Bidders is called to the fact that the successful Bidder will be required to obtain
all bid bonds and performance and payment bonds, labor bonds, employer's liability
insurance, public liability insurance, workmen's compensation insurance, and property
damage insurance through agents who are licensed to operate in the State of Arkansas.
10. IRREGULAR PROPOSALS
The Owner reserves the right to reject any irregular Proposal and the right to waive
technicalities if such waiver is in the best interest of the Owner and conforms to local laws
and ordinances pertaining to the letting of construction contracts.
Instructions to Bidders-Page 3 of 4
11. EXECUTION OF CONTRACT DOCUMENTS
a. Following the Notice of Award and within ten(10)calendar days, as provided in
the Proposal,the successful Bidder shall properly execute the Contract in six(6)
counterparts.
b. Failure of the successful Bidder to execute the Contract and furnish an acceptable
Surety bond or bonds within ten (10) calendar days shall be just cause for
cancellation of the award and forfeiture of the proposal guaranty, not as a penalty,
but as liquidation of damages to the Owner.
12. AWARD OF CONTRACT
The award of a contract, if it is to be awarded, shall be made within sixty (60) calendar
days of the date specified for publicly opening Proposals,unless otherwise specified herein.
Award of the Contracts shall be made by the Owner to the lowest,qualified Bidder whose
Proposal conforms to the cited requirements of the Owner.
13. CANCELLATION OF AWARD
The Owner reserves the right to cancel the award without liability to the Bidder, except
return of proposal guaranty,at any time before a Contract has been fully executed by all
parties and is approved by the Owner.
14. REQUIREMENTS OF CONTRACT BONDS:
At the time of the execution of the Contract,the successful Bidder shall furnish the Owner
separate Surety bond or bonds which have been fully executed by the Bidder and his Surety
guaranteeing the performance of the work and the payment of all legal debts that may be
incurred by reason of the Contractor's performance of the work. The surety and the form
of the bond or the bonds shall be acceptable to the Owner. Unless otherwise specified in
this subsection,the Surety bond or bonds shall be in a sum equal to the full amount of the
Contract.
Performance and Payment Bond each in the amount of 100%of the contract amount shall
be provided.
Upon receipt of the Contract and contract bond or bonds that have been executed by the
successful Bidder, the Owner shall complete the execution of the Contract in accordance
with local laws or ordinances and return the fully executed Contract to the Contractor.
Delivery of the fully executed Contract to the Contractor shall constitute the Owner's
approval to be bound by the successful Bidder's Proposal and the terms of the Contract.
Instructions to Bidders-Page 4 of 4