HomeMy WebLinkAbout207-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 207-23
File Number: 2023-1093
DC SPARKS CONSTRUCTION, LLC (CONTRACT APPROVAL):
A RESOLUTION TO AWARD BID #23-29 AND AUTHORIZE A CONTRACT WITH DC SPARKS
CONSTRUCTION, LLC IN THE AMOUNT OF $491,000.00 FOR THE EXPANSION OF THE FLEET SHOP,
WHICH INCLUDES A PROJECT CONTINGENCY OF $63,803.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-29 and authorizes Mayor
Jordan to sign a contract with DC Sparks Construction LLC in the amount of $491,000.00, which includes a project
contingency in the amount of $63,803.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on October 3, 2023
Page 1
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Attest:
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Kara Paxton, City CI rk Treasurer �� ; y •��
iro s
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 3, 2023
CITY COUNCIL MEMO
2023-1093
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Waylon Abernathy, Bond Projects & Construction Dir
DATE:
SUBJECT: Contract for Bid 23-29 with DC Sparks Construction LLC, in the amount of $491,000
for the expansion of the Fleet Shop.
RECOMMENDATION:
Staff recommends approval of Bid 23-39 Contract with DC Sparks Construction LLC, in the amount of
$491,000.00 for the expansion of the Fleet Shop. The contract amount includes an owner contingency of
$63,803.
BACKGROUND:
The long range plan of the Fleet Division was to build a new truck wash facility to save vehicle wash expenses
by a 3rd party and decommission the existing wash facility located in the Fleet shop, which would allow for
Work Bay expansion.
• In late 2020, DeMx Architecture was engaged to design a new Truck Wash Facility.
• In September of 2021, the New Truck Facility was completed.
• In April of 2022, Resolution 78-22 authorized the contract for Architectural Services with Cromwell
Architects and Engineers to design the re -use of the existing 2 bays on the west end of the Fleet Shop.
DISCUSSION:
This contract includes the demolition of existing wash equipment, new wall panels, fire rated separation wall,
service lines, electrical heating and ventilation. It was competitively bid by our purchasing Division. DC Sparks
was the low bidder of 5 bids received.
BUDGET/STAFF IMPACT:
GLACCOUNT Project
9700.770.1920-5804.00 - Building Costs 21006.1 - Fleet Shop Expansion
Amount
$ 491,000.00
ATTACHMENTS: 2023-1093 SRF Fleet Expansion DC Sparks (#3), 2023-1093 BA Fleet Expansion DC
Sparks (#4), Bid 23-39 Fleet Shop Expansion Contract - Final (#5), Bid 23-29, DC Sparks Construction - E
(#6), Bid 23-29, Bid Tab - Final (#7)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
_= City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1093
Contract for Bid 23-29 with DC Sparks Construction LLC, in the amount of $491,000 for the
expansion of the Fleet Shop.
A RESOLUTION TO AWARD BID #23-29 AND AUTHORIZE A CONTRACT WITH DC SPARKS
CONSTRUCTION, LLC IN THE AMOUNT OF $491,000.00 FOR THE EXPANSION OF THE
FLEET SHOP, WHICH INCLUDES A PROJECT CONTINGENCY OF $63,803.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-29 and
authorizes Mayor Jordan to sign a contract with DC Sparks Construction LLC in the amount of
$491,000.00, which includes a project contingency in the amount of $63,803.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2023-1093
Item ID
10/3/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 9/15/2023 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval Bid 23-39 Contract with DC Sparks Construction LLC., in the amount of $491,000 for the Fleet Shop
Expansion. The contract amount includes $63,803 Owner Contingency. Also requested is approval of a Budget
Adjustment.
Budget Impact:
9700.770.1920-5804.00 Shop
Account Number Fund
21006.1 Fleet Shop Expansion, Fleet - Shop Expansion
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 89,800.00
$ 10,550.00
79,250,00
$ 491,000.00
$ 437,864.00
26,114.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
FACILITIES MANAGEMENT (140)
/Org2
2023
Requestor: Wade Abernathy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval Bid 23-39 Contract with DC Sparks Construction LLC., in the amount of $491,000 for the Fleet Shop Expansion. The
contract amount includes $64,079.00 Owner Contingency. Also requested is approval of a Budget Adjustment.
COUNCIL DATE:
ITEM ID#:
10/3/2023
2023-1093
Kevin Springer
9/1q/2023 q:35 PM
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
411,750 411,750
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.202398
Account Name
9700.770.1920-5804.00
437,864 -
21006 1 EX
Building Costs
9700.770.1910-4999.99
9700.770.1920-5801.00
- 411,750
(26,114) -
RE
12007 1 EX
Use Fund Balance - Current
Fixed Assets
I of 1
CITY OF
_ FAYETTEVILLE
ARKANSAS
Contract for: Bid 23-39 Fleet Shop Expansion
Contractor/Vendor: DC Sparks Construction, LLC
THIS AGREEMENT is made this 14th day of September 2023, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and DC Sparks
Construction, LLC (Vendor or DC Sparks), and
CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction
projects. Therefore, CITY OF FAYETTEVILLE and DC Sparks Construction, LLC-in consideration of their mutual covenants
agree as follows:
Work performed by DC Sparks Construction, LLC shall be performed under valid, active, current license with the
Arkaisa� CQintriM partieSandnr la ionShlpC Sparks Construction, LLC shall follow all federal, state, and local laws at all
on-tractimes.
a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices.
i. DC Sparks Construction, LLC-Tax identification number (TIN) ending in 27-3347018
ii. DC Sparks Construction, LLC Arkansas Contractor License No. 0349560323
iii. DC Sparks Construction, LLCSecretary of State Filing No. 800199219
b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally
responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation
among all Project participants.
2. EntireAgreementandExhibits:This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a. Appendices included under this agreement include the following:
i. AppendixA: Bid package identified as Bid 23-39 Fleet Shop Expansionwith the specifications and
conditions typed thereon inclusive of all bidding documents, plans and drawings and issued
addenda.
ii. AppendixB: DC Sparks bid submittal
iii. AppendixC: Bid 23-39 Recommendation forAward, inclusive ofthebid tabulation
iv. AppendixD:DC Sparks Certificate of Insurance
v. AppendixE: DC Sparks Bid Bond
vi. AppendixD andE shall be submitted to the City within the time frame identified in the bid
documents or 10 (ten) calendar days after fully executed contract.
b. This agreement may be modified only by a duly executed written instrument signed by the CITY and
DC Sparks.
c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract
Documents, the documents shall govern in the following order: (a) Change Orders and written
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 1 of 21
amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) DC Sparks
bid submittal (d) City's published bid and associated Addenda.
3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701
b. Vendor: DC Sparks Construction, LLC 8871 Lola Jeane Ln Rogers, AR, 72756
4. General Provisions:
ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly
disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall
not pay or receive any contingent fees or gratuities to or from any other party, including agents,
officer's employers, Subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure
preferential treatment.
Workmanship: The Work shall be executed in accordance with the Contract Documents in a
workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to
facilitate the proper and expeditious execution of the Work and shall be new except as otherwise
provided in the Contract Documents.
iii. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or
equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the
items so provided and thereupon handle, store, and install the items, unless otherwise provided
in the Contract Documents, with such skill and care as to provide a satisfactory and proper
installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of
vendor and may be deducted from any amounts due or to become due. Any defects discovered
in such materials or equipment shall be reported at once to the City and the City's contracted
third -party Design Professional. Following receipt of written notice from vendor of defects, City
and Design Professional shall promptly inform the City what action, if any, vendor shall take with
regard to the defects.
iv. WORKSITE VISIT: Vendor acknowledges that it has visited, or has had the opportunity to visit, the
Worksite to visually inspect the general and local conditions which could affect the Work.
v. Vendor shall perform all duties and responsibilities necessary to coordinate the various parts of the
Work and to prepare its Work for the work of City or Others.
1. Cutting, patching, or altering the work of City or Others shall be done with the prior written
approval of City and Design Professional. Such approval shall not be unreasonably withheld.
vi. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be
liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its
employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines,
penalties, or corrective measures.
vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss
attributable to the acts or omissions of City or Others and not to Vendor, City may either (a)
promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the
damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Vendor incurs costs or
is delayed due to such loss or damage, Vendor may seek an equitable adjustment in the
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 2 of 21
Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable
adjustment shall be approved by all parties.
viii. Taxes and Permits: Vendor shall give public authorities all notices required by law and shall obtain
and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall
provide to City copies of all notices, permits, licenses, and renewals required under this
Agreement.
1. Vendor shall pay applicable taxes and permit fees associated with the entire project.
ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates,
and refunds, and all returns from sale of surplus materials and equipment, shall be credited to
the Cost of the Work, or directly to the City after final payment.
x. City may occupy or use completed or partially completed portions of the Work when (a) the
portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate
insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or
use. Vendor shall not unreasonably withhold consent to partial occupancy or use.
xi. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that
both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing
its terms before execution. Therefore, this Agreement shall be construed neither against nor in
favor of either Party but shall be construed in a neutral manner.
xii. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive
benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire
and integrated agreement between the Parties, and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Agreement and each and every
provision is for the exclusive benefit of all Parties and not for the benefit of any third party.
xiii. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this
Agreement without the written consent of the other Party. The terms and conditions of this
Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal
representatives. No Party shall assign the Agreement without written consent of the other.
xiv. Where figures are given, they shall be preferred to scaled dimensions.
xv. The drawings and specifications are complementary. If Work is shown only on one but not on the
other, Vendor shall perform the Work as though fully described on both. Vendor shall seek
clarification from the City or the City's third -party Design Professional for any discrepancies.
xvi. In case of conflicts between the drawings and specifications, the specifications shall govern
unless otherwise stated in the bidding documents. In any case of omissions or errors in figures,
drawings, or specifications, Vendor shall immediately submit the matter to City and Design
Professional for clarification. The City's clarifications are final and binding, which may include
third -party Design Professional content.
xvii. DEBARMENT AND SUSPENSION: By execution of this agreement, Vendor certifies that to the best
of its knowledge and belief that the Vendor and its principals:
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 3 of 21
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4. (d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
5. Vendor understands that a false statement on certification regarding debarment and
suspension may be grounds for rejection of this proposal or termination of the award. In
addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify
that I will obtain a similar certification for each subcontract awarded in excess of
$25,000.
6. Certifications for subcontracts or subsubcontracts executed under this agreement shall
include all language in this section.
5. Definitions:
a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or
trade meanings shall be interpreted in accordance with their well-known meanings.
b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is
located.
c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating
changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion.
d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to
achieve Final Completion.
e. "Cost of the Work" means the total costs and discounts charged to the City.
f. The "Vendor" is the person or entity identified in this contract and includes Vendor's Representative.
g. "Day" means a calendar day unless otherwise specified.
h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the
Contract Documents.
i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform
design services for the Project.
j. "Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete
and accepted by City and final payment becomes due and payable. This date shall be confirmed by a
Certificate of Final Completion signed by all Parties.
k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the
Law, or any other substance or material that may be considered hazardous or otherwise subject to
statutory or regulatory requirement governing handling, disposal, or cleanup.
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 4 of 21
I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with
City and Design Professional after execution of this Agreement and before Substantial Completion.
Interim Directives shall be consolidated and formalized in a change order to be signed by all parties.
m. "Law' means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work
with which Vendor must comply that are enacted as of the Agreement date.
n. "Others' means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors,
subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c)
or any by any of them or for whose acts any of them may be liable.
o. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's
principal and branch offices for work associated with this project.
p. "Owner" is the City of Fayetteville, Arkansas (City).
q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time
criteria, space requirements and relationships, flexibility and expandability requirements, special
equipment and systems, site requirements, and any requirements for phased occupancy.
r. The "Parties" are collectively City and Vendor.
s. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under
this Agreement. It may also include construction by Owner or Others.
t. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which
Vendor plans to begin and complete various parts of the Work, including dates on which information and
approvals are required from City.
u. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the
labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term
Subcontractor does not include Design Professional or Others.
v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is
sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the
Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This
date shall be confirmed by a certificate of Substantial Completion signed by all Parties.
w. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another
subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or
equipment.
x. A "Supplier" is a person or entity retained by Vendor to provide material or equipment for the Work.
y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure,
that is committed by an individual or individuals and that appears to be part of an effort to coerce a
civilian population or to influence the policy or affect the conduct of any government by coercion.
Terrorism includes, but is not limited to, any act certified by the United States government as an act of
terrorism pursuant to the Terrorism Risk Insurance Act, as amended.
z. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the
Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer
to the whole Project or only a part of the Project if work is also being performed by Owner or Others.
aa. "Worksite" means the area of the Project where the Work is to be performed.
bb. "Bi-monthly basis" means every fourteen to sixteen calendar days.
6. Contract Document Reviewand Administration
CONTRACT: Bid 23-39 Fleet Shop Expansion Page 5 of 21
a. Before commencing the Work, Vendor shall examine and compare the drawings and specifications with
information furnished by the City and Design Professional that are considered Contract Documents,
relevant field measurements made by Vendor, and any visible conditions at the Worksite affecting the
Work.
b. Should Vendor discover any errors, omissions, or inconsistencies in the Contract Documents, Vendor shall
promptly report them to the City and Design Professional. Following receipt of written notice from
Vendor of defects, City shall promptly inform Vendor what action, if any, Vendor shall take with regard to
the defect.
c. Nothing in this section shall relieve VENDOR of responsibility for its own errors, inconsistencies, or
omissions.
d. COST REPORTING: Vendor shall maintain complete, accurate, and current records that comply with
generally accepted accounting principles and calculate the proper financial management under this
Agreement. Vendor shall maintain a complete set of all books and records prepared or used by Vendor
with respect to the Project. City shall be afforded access to all of Vendor's records, books,
correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this
Agreement. Vendor shall preserve all such records for a period of three years after the final payment or
longer where required by Law.
7. Warranty
a. Vendor warrants all materials and equipment furnished under the Construction Phase of this Agreement
will be new unless otherwise specified, of good quality, in conformance with the Contract Documents,
and free from defective workmanship and materials. At City or Design Professional request, Vendor shall
furnish satisfactory evidence of the quality and type of materials and equipment furnished. Vendor
further warrants all Work shall be free from material defects not intrinsic in the design or materials
required in the Contract Documents. Vendor's warranty does not include remedies for defects or
damages caused by normal wear and tear during normal usage beyond the warranty period, use for a
purpose for which the Project was not intended, improper or insufficient maintenance, modifications
performed by the City or others, or abuse. Vendor's warranty shall commence on the Date of Final
Completion of the Project.
b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and
purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are
no warranties which extend beyond the description on the face of any such warranty. For such
incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED.
c. Vendor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by
the Contract Documents. Vendor's liability for such warranties shall be limited to the one-year correction
period, as further defined in this Agreement. After that period Vendor shall provide full and
comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such
extended warranties.
d. Correction of Work
i. If before Substantial Completion or within two -years after the date of Final Completion of the
Work any Defective Work is found, City shall promptly notify Vendor in writing. Unless City
provides written acceptance of the condition, Vendor shall promptly correct the Defective Work
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 6 of 21
at its own cost and time and bear the expense of additional services required for correction of
any Defective Work for which it is responsible. If within the two-year correction period City
discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct
Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct
that Defective Work as well as City's right to claim a breach of the warranty with respect to that
Defective Work.
If Vendor fails to correct Defective Work within a reasonable time after receipt of written notice
from City before final payment, City may correct it in accordance with Owner's right to carry out
the Work. In such case, an appropriate Change Order shall be issued deducting the cost of
correcting the Defective Work from payments then or thereafter due Vendor. If payments then
or thereafter due Vendor are not sufficient to cover such amounts, Vendor shall pay the
difference to City.
iii. Vendor's obligations and liability, if any, with respect to any Defective Work discovered after the
two-year correction period shall be determined by the Law. If, after the two-year correction
period but before the applicable limitation period has expired, City discovers any Work which City
considers Defective Work, City shall, unless the Defective Work requires emergency correction,
promptly notify Vendor and allow Vendor an opportunity to correct the Work if Vendor elects to
do so. If Vendor elects to correct the Work it shall provide written notice of such intent within
fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work
within a mutually agreed timeframe. If Vendor does not elect to correct the Work, City may have
the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from
Vendor, City shall promptly provide Vendor with an accounting of the actual correction costs.
iv. If Vendor's correction or removal of Defective Work causes damage to or destroys other
completed or partially completed work or existing building, Vendor shall be responsible for the
cost of correcting the destroyed or damaged property.
The two-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of Vendor's other obligations under the Contract Documents.
vi. Before final payment, at City option and with Vendor's agreement, City may elect to accept
Defective Work rather than require its removal and correction. In such cases the contract shall be
equitably adjusted for any diminution in the value, as determined by City, of the Project caused
by such Defective Work via formal written change order.
8. Safety of Persons and Property
SAFETY PROGRAMS: Vendor holds overall responsibility for safety programs. However, such obligation
does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Vendor shall
prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a)
its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite
locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work
areas, whether or not the property is part of the Worksite.
b. VENDOR'S SAFETY REPRESENTATIVE: Vendor shall designate an individual at the Worksite in its employ as
its safety representative. Unless otherwise identified by Vendor in writing to City, Vendor's project
superintendent shall serve as its safety representative. Vendor shall report promptly in writing all
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 7 of 21
recordable accidents and injuries occurring at the Worksite. When Vendor is required to file an accident
report with a public authority, Vendor shall furnish a copy of the report to City.
c. Vendor shall provide City with copies of all notices required of Vendor by the Law. Vendor's safety
program shall comply with the requirements of governmental and quasi -governmental authorities having
jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work, to the extent
caused by negligent or intentionally wrongful acts or omissions of Vendor, or anyone for whose
acts Vendor may be liable, shall be promptly remedied by Vendor.
If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Vendor's
safety program, may require Vendor to stop performance of the Work, take corrective measures
satisfactory to City. If Vendor does not adopt corrective measures, City may perform them and deduct
their cost from the GMP. Vendor agrees to make no claim for damages, or an increase in the GMP, or for
a change in the Dates of Substantial or Final Completion based on Vendor's compliance with City's
reasonable request.
9. Subcontracts:
BINDING OF SUBCONTRACTORS AND SUPPLIERS: Vendor agrees to bind every Subcontractor and Supplier
and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract
Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the
Work.
Vendor agrees not to subcontract Vendor at risk related services without prior written consent from the
City.
10. Fees, Expenses�ncl Payments:
DC Sparks Construction, LLCat 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 Bid23-39 as stated in DCSparksConstruction,LLCbid
response, and in accordance with specifications attached hereto and made a part hereof under Bid
23-39, all included herein as if spelled out word for word.
b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of
$491,000.00US Dollars. The contract amount includes $63,803 owner contingency.
c. The City of Fayetteville shall pay DC Sparks Construction, LLCfor completion of the project based on a
percentage of work completed. At no point shall payment exceed the percentage of work completed,
as determined by the City.
Payments will be made after approval and acceptance of work and submission of invoice Payments will
be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to
request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or
other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments.
The City reserves the right to withhold five percent (5%) retainage from all payments until project is
completed in full.
f. Not to exceed pricing shall include but not be limited to:
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1. Labor wages directly employed by Vendor in performing of the Work.
2. Salaries of Vendor's employees when stationed at the field office, in whatever capacity employed,
employees engaged on the road expediting the production or transportation of material and
equipment, and employees from the principal or branch office as mutually agreed by the Parties in
writing.
3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation,
unemployment compensation, social security, health, welfare, retirement, and other fringe benefits
as required by law, labor agreements, or paid under Vendor's standard personnel policy, insofar as
such costs are paid to employees of Vendor who are included in the Cost of the Work.
4. Transportation, travel, hotel, and moving expenses of Vendor's personnel incurred in connection with
the Work.
5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection
and testing if not provided by City, transportation, storage, and handling.
6. Payments made by Vendor to Subcontractors for work performed under this Agreement.
7. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary
facilities, and hand tools not owned by the workers that are used or consumed in the performance of
the Work, less salvage value or residual value; and cost less salvage value on such items used, but not
consumed that remain the property of Vendor.
8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers,
used at the Worksite, whether rented from Vendor or others, including installation, repair, and
replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive
market rates.
9. Cost of the premiums for all insurance and surety, performance or payment bonds which Vendor is
required to procure or deems necessary and approved by City.
10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Vendor is
liable.
11. Permits, taxes, fees, licenses, tests, royalties.
12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost
of corrective work during the Construction Phase and for the warranty period.
13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the
field office and site.
14. Water, power, and fuel costs necessary for the Work.
15. Cost of removal of all nonhazardous substances, debris, and waste materials.
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16. Costs incurred due to an emergency affecting the safety of persons or property.
17. Costs directly incurred in the performance of the Work or in connection with the Project, and not
included in Vendor's Fee, which are reasonably inferable from the Contract Documents.
STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents,
applications for payment may include materials and equipment not yet incorporated into the Work but
delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs
incurred transporting the materials to an offsite storage facility. Approval of payment applications for
stored materials and equipment stored offsite shall be conditioned on a submission by Vendor of bills of
sale and proof of required insurance, or such other documentation satisfactory to City to establish the
proper valuation of the stored materials and equipment, City's title to such materials and equipment, and
to otherwise protect City's interests therein, including transportation to the Worksite. Materials and
equipment stored offsite shall be in a bonded and insured secure facility.
Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this Agreement,
VENDOR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF
FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted
by VENDOR to be set forth therein.
Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against VENDOR or sureties under this Agreement.
11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, VENDOR
shall provide a 100% separate performance and payment bond from a bonding company, licensed to do business
in the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's
Office. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties.
a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall
be rated A+ minimum by A. M. Best.
12. Time:
a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion
shall be established in the contract documents as a hard not to exceed date. If such dates are not
established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final
Completion of the Work shall be established via Change Order.
b. Time is of the essence with regard to the obligations of the Contract Documents.
Unless instructed by City in writing, Vendor shall not knowingly commence the Work before the effective
date of Vendor's required insurance and bonds and formal written and signed Purchase Order issued by
the City of Fayetteville Purchasing Division.
Schedule of Work: Before submitting its first application for payment, Vendor shall submit to City and, if
directed, Design Professional a Schedule of the CONTRACT: CONTRACT Work showing the dates on which
Vendor plans to begin and complete various parts of the Work, including dates on which information and
approvals are required
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from City. Except as otherwise directed by City, Vendor shall comply with the approved Schedule of the
Work or Vendor.
i. City may determine the sequence in which the Work shall be performed, provided it does not
unreasonably interfere with the approved project schedule. City may require Vendor to make
reasonable changes in the sequence at any time during the performance of the Work in order to
facilitate the performance of work by City or Others. If Vendor consequently incurs costs or is
delayed, the Dates of Substantial or Final Completion, or both, Vendor may seek equitable
adjustment.
e. NOTICE OF DELAY CLAIMS: If Vendor requests an equitable extension of the Contract Time or an
equitable adjustment contract as a result of a delay described, Vendor shall give City written notice of the
claim. If Vendor causes delay in the completion of the Work, City shall be entitled to recover its additional
costs.
13. Substantial Completion:
a. Vendor shall notify City and, if directed, Design Professional when it considers Substantial Completion of
the Work or a designated portion to have been achieved. City, with the assistance of its Design
Professional, shall promptly conduct an inspection to determine whether the Work or designated portion
can be occupied or used for its intended use by City without excessive interference in completing any
remaining unfinished Work. If City determines the Work or designated portion has not reached
Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of
items to be completed or corrected so City may occupy or use the Work or designated portion for its
intended use. Vendor shall promptly and accurately complete all items on the list.
b. When Substantial Completion of the Work or a designated portion is achieved, Vendor shall prepare a
Certificate of Substantial Completion establishing the date of Substantial Completion and the respective
responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and
damage to the Work, and fixing the time for completion of all items on the list accompanying the
Certificate. The Certificate of Substantial Completion shall be submitted by Vendor to City and, if directed,
to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial
Completion.
c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or a designated
portion.
d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Vendor the
remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a
sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting
remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final
Completion, including all close outs. Uncompleted items shall be completed by Vendor in a mutually
agreed upon timeframe.
14. Final Completion:
i. Upon notification from Vendor that the Work is complete and ready for final inspection and
acceptance, City, with the assistance of its Design Professional shall promptly conduct an
inspection to determine if the Work has been completed and is acceptable under the Contract
Documents.
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When the Work is complete, Vendor shall prepare for City's written acceptance a final application
for payment stating that to the best of Vendor's knowledge, and based on City's inspections, the
Work has reached Final Completion in accordance with the Contract Documents.
iii. Final payment shall be made to Vendor within thirty (30) Days after Vendor has submitted an
application for final payment, pending the application has been approved by the City, including
submissions required, and a Certificate of Final Completion has been executed by all Parties.
iv. Final payment shall be due on Vendor's submission of the following to the City:
an affidavit declaring any indebtedness connected with the Work, to have been paid,
satisfied, or to be paid with the proceeds of final payment, so as not to encumber City
property;
as -built drawings, manuals, copies of warranties, and all other close-out documents
required by the Contract Documents;
3. release of any liens, conditioned on final payment being received;
4. consent of any surety; and
If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is
materially delayed through no fault of Vendor. If approved by City, they shall pay the balance due
for any portion of the Work fully completed and accepted. If the remaining contract balance for
Work not fully completed and accepted is less than the retained amount before payment, Vendor
shall submit to City and, if directed, Design Professional the written consent of any surety to
payment of the balance due for portions of the Work that are fully completed and accepted. Such
payment shall not constitute a waiver of claims, but otherwise shall be governed by this section.
vi. ACCEPTANCE OF FINAL PAYMENT: Unless Vendor provides written identification of unsettled
claims with an application for final payment, its acceptance of final payment constitutes a waiver
of such claims.
DC Sparks Construction, LLCshall ensure that the City of Fayetteville receives lien waivers from all material
suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor
shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work
on the project that states the following:
i. 'According to Arkansas law, it is understood that no liens can be filed against public property if
valid and enforceable payment and performance bond is in place. Regarding this Project and
Agreement, the valid and enforceable bonds are with ( Liberty Mutual Surety).'
DC Sparks Construction, LLCshall have each subcontractor, sub -subcontractor and material supplier
execute a written receipt evidencing acknowledgment of this statement prior to commencement
of the work of the subcontractor or material supplier.
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15. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight
courier.
16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
17. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the VENDOR shall do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.).
Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance.
19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
20. Insurance:
a. Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in
force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability
Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for
liability arising from premises, operations, independent contractors, products -completed operations,
personal injury and advertising injury, contractual liability, pollution coverage, and broad form property
damage. Vendor shall maintain completed operations liability insurance for one year after Substantial
Completion, or as required by the Contract Documents, whichever is longer. Vendor's Employers' Liability,
Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented
in Appendix D.
b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a
single policy for the full limits required or by a combination of underlying policies with the balance
provided by excess or umbrella liability policies.
c. Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully
authorized to do business in the jurisdiction in which the Project is located. If Vendor fails to obtain or
maintain any insurance coverage required under this Agreement, City may purchase such coverage and
charge the expense to Vendor or terminate this Agreement.
d. To the extent commercially available to Vendor from its current insurance company, insurance policies
required shall contain a provision that the insurance company or its designee shall give City written notice
transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance
company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before
commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish
City with certificates of insurance until one year after Substantial Completion or longer if required by the
Contract Documents. In addition, if any insurance policy required is not to be immediately replaced
without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give City
prompt written notice upon actual or constructive knowledge of such condition.
e. Certificates of Insurance shall list the City as Additional Insured Parties.
f. PROPERTY INSURANCE:
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At no time shall any policy be covered by self-insurance or in a self -insured format. All policies
shall be covered by an approved commercial insurance professional properly licensed to do
business in Arkansas.
Unless otherwise directed in writing by City, before starting the Work, DC Sparks Construction,
LLCshall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of
replacement at the time of loss, including existing structures. This insurance shall also (a) name
Vendor, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be
written in such form to cover all risks of physical loss except those specifically excluded by the
policy; and (c) insure at least against and not exclude:
1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft,
including helicopter, operated by or on behalf of Vendor) and vehicles, riot and civil
commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth
movement, water damage, wind damage, testing if applicable, collapse, however caused;
2. damage resulting from defective design, workmanship, or material;
3. coverage extension for damage to existing buildings, plant, or other structures at the
Worksite, when the Project is contained within or attached to such existing buildings,
plant or structures. Coverage shall be to the extent loss or damage arises out of
Constructor's activities or operations at the Project;
4. equipment breakdown, including mechanical breakdown, electrical injury to electrical
devices, explosion of steam equipment, and damage to steam equipment caused by a
condition within the equipment;
5. testing coverage for running newly installed machinery and equipment at or beyond the
specified limits of their capacity to determine whether they are fit for their intended use;
and
6. physical loss resulting from Terrorism.
iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any
deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the
Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible
amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This
insurance shall remain in effect until final payment has been made or until no person or entity
other than City has an insurable interest in the property to be covered by this insurance,
whichever is sooner. Partial occupancy or use of the Work shall not commence until City has
secured the consent of the insurance company or companies providing the coverage required in
this subsection. Before commencing the Work, City shall provide a copy of the property policy or
policies obtained.
iv. If City elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, City shall give written notice to
Vendor before the Work is commenced and provide a copy of the property policy or policies
obtained in compliance with this agreement. City may then provide insurance to protect its
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interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors.
The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its
intent to purchase property insurance required by this Agreement and fails to purchase or
maintain such insurance, City shall be responsible for costs reasonably attributed to such failure.
The Parties each waive all rights against each other and their respective employees, agents,
contractors, subcontractors, suppliers, subsubcontractors, and design professionals for damages
caused by risks covered by the property insurance, except such rights as they may have to the
proceeds of the insurance.
To the extent of the limits of Vendor's Commercial General Liability Insurance, Vendor
shall indemnify and hold harmless City against any and all liability, claims, demands,
damages, losses, and expenses, including attorneys' fees, in connection with or arising
out of any damage or alleged damage to any of City's existing adjacent property,
including personal property, that may arise from the performance of the Work, to the
extent caused by the negligent or intentionally wrongful acts or omissions of Vendor,
Subcontractor, Supplier, Subsubcontractor, or anyone employed directly or indirectly by
any of them or by anyone for whose acts any of them may be liable.
RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to
the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final
Completion.
ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Vendor to purchase and maintain
additional liability coverage. Vendor shall provide:
Additional Insured. City shall be named as an additional insured on Vendor's Commercial General
Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella
liability, commercial automobile liability, and any required pollution liability, but only with respect
to liability for bodily injury, property damage, or personal and advertising injury to the extent
caused by the negligent acts or omissions of Vendor, or those acting on Vendor's behalf, in the
performance of Vendor's work for Owner at the Worksite. The insurance of the Vendor and its
Subcontractors (both primary and excess) shall be primary to any insurance available to the
Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-
contributory.
OCP. Vendor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP")
policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner.
i. Any documented additional cost in the form of a surcharge associated with procuring the additional
liability coverage in accordance with this subsection shall be paid by VENDOR. Before commencing the
Work, Vendor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing
that City has been named as an additional insured, as applicable.
i. ROYALTIES, PATENTS, AND COPYRIGHTS: Vendor shall pay all royalties and license fees which may
be due on the inclusion of any patented or copyrighted materials, methods, or systems selected
by Vendor and incorporated in the Work. Vendor shall defend, indemnify, and hold City harmless
from all suits or claims for infringement of any patent rights or copyrights arising out of such
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selection.
PROFESSIONAL LIABILITY INSURANCE: To the extent Vendor is required to procure design services,
Vendor shall require its design professionals to obtain a commercial professional liability insurance for
claims arising from the negligent performance of professional services under this Agreement, with a
company reasonably satisfactory to City, including coverage for all professional liability caused by any
consultants to Vendor's design professional, written for not less than one million US dollars ($1,000,000)
per claim and in the aggregate. Vendor's design professional shall pay the deductible. The Professional
Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all
Services performed by the Constructor's design professional for this Project. Coverage shall be continued
in effect for the entire warranty period.
21. Professional Responsibility: VENDOR will exercise reasonable skill, care, and diligence in the performance of
services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY
OF FAYETTEVILLE will promptly report to VENDOR any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so VENDOR can take measures to minimize the consequences of such a defect.
CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of VENDOR.
22. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of VENDOR:
i. Provide full information as to the requirements for the Project.
ii. Assist DC Sparks Construction, LLC by placing at DC Sparks Construction, LLC disposal all available
information pertinent to the assignment including previous reports and any other data relative
thereto.
iii. Assist DC Sparks Construction, LLC in obtaining access to property reasonably necessary for
DC Sparks Construction, LLC to perform its services.
iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented
by DC Sparks Construction, LLCand render in writing decisions pertaining thereto.
v. Review all documents and provide written comments to DC Sparks Construction, LLC in a timely
manner.
vi. The City of Fayetteville Facilities Director is the project representatives with respect to the
services to be performed under this Agreement. The Facilities Director Representative shall have
complete authority to transmit instructions, receive information, interpret and define policies and
decisions with respect to materials, equipment, elements and systems to be used in the Project,
and other matters pertinent to the services covered by this Agreement.
23. Cost Opinions and Projections: Cost opinions and projections prepared by the DC Sparks Construction, LLC
relating to construction costs and schedules, operation and maintenance costs, equipment characteristics
and performance, cost estimating, and operating results are based on DC Sparks experience, qualifications,
and judgment as a DC Sparks Construction, LLC professional.
24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder.
a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Agreement. VENDOR shall proceed with
providing the authorized services immediately upon receipt of written authorization from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which
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Expa29oT@n"n1Ai6ri1,1
a. This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the
terminating party, provided that no termination may be effected unless the other party is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that VENDOR is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to VENDOR at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of VENDOR's default.
d. If termination for default is effected by VENDOR, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to VENDOR for
services rendered and expenses incurred prior to the termination, in addition to termination settlement
costs reasonably incurred by VENDOR relating to commitments which had become firm prior to the
termination.
e. Upon receipt of a termination action under Paragraphs above, VENDOR shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by VENDOR in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of VENDOR to fulfill contractual obligations, it is determined that VENDOR
had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the
convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in this agreement.
26. Delays
a. In the event the services of DC Sparks Construction, LLCare suspended or delayed by CITY OF
FAYETTEVILLE, or by other events beyond VENDOR's reasonable control, VENDOR shall be entitled to
additional compensation and time for reasonable documented costs incurred by VENDOR in temporarily
closing down or delaying the Project.
b. In the event the services are suspended or delayed by VENDOR, CITY shall be entitled to compensation
and time for reasonable costs incurred in temporarily closing down or delaying the Project.
27. Rightsand Benefits
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a. DC Sparks services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
28. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and VENDOR which arise from, or in any way are related to, this Agreement, including,
but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or
omissions of CITY OF FAYETTEVILLE or VENDOR in the performance of this Agreement, and disputes
concerning payment.
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction,
until the procedures in this agreement have been complied with.
c. Notice of Dispute
i. For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give VENDOR written Notice at the address listed in this agreement within thirty (30)
calendar days after occurrence of any incident, accident, or first observance of defect or damage.
In both instances, the Notice shall specify the nature and amount of relief sought, the reason
relief should be granted, and the appropriate portions of this Agreement that authorize the relief
requested.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and VENDOR shall confer in an effort to resolve the dispute. If the dispute
cannot be resolved at that level, then, upon written request of either side, the matter shall be
referred to the President of VENDOR, and the Mayor of CITY OF FAYETTEVILLE or his or her
designee. These officers shall meet at the Project Site or such other location as is agreed upon
within 30 calendar days of the written request to resolve the dispute.
29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment
to DC Sparks Construction, LLGfor services rendered by DC Sparks. All parties agree if funding should become
insufficient to complete the project, VENDOR shall be notified in a timely manner.
30. Publications:
a. Recognizing the importance of professional services on the part of VENDOR's employees and the
importance of VENDOR's public relations, VENDOR may prepare publications, such as technical papers,
articles for periodicals, promotional materials, and press releases, in electronic or other format,
pertaining to VENDOR's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to VENDOR, CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved
materials may be used in a variety of situations and do not require additional review or approval for each
use. The cost of VENDOR's activities pertaining to any such publication shall be for VENDOR's account.
31. Indemnification:
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a. The CITY requires the VENDOR to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any
loss caused by negligence and from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault
of the VENDOR, or their employees, agents, Subcontractors, sub consultant and Suppliers of the VENDOR.
32. Ownership of Documents:
a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates,
field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Vendor may retain
reproduced copies of drawings and copies of other documents.
b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy
or electronic media prepared by Vendor as part of the Services shall become the property of CITY OF
FAYETTEVILLE when VENDOR has been compensated for all Services rendered, provided, however, that
Vendor shall have the unrestricted right to their use. Vendor shall, however, retain its rights in its
standard drawings details, specifications, databases, computer software, and other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the Services shall
remain the property of Vendor.
c. Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. Vendor makes no warranty as to the compatibility of these files
with any other system or software. Because of the potential degradation of electronic medium over time,
in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
33. Additional Responsibilities of VENDOR:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve Vendor of responsibility for the technical adequacy of the
work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be
construed as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
b. Vendor shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF
FAYETTEVILLE caused by Vendor's negligent performance, except beyond the Vendor's normal standard
of care, of any of the services furnished under this Agreement, and except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
c. Vendor's obligations under this clause are in addition to Vendor's other express or implied assurances
under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE
may have against VENDOR for faulty materials, equipment, or work.
34. Audit and Access to Records:
a. Vendor's shall maintain books, records, documents and other evidence directly pertinent to performance
on work under this Agreement in accordance with generally accepted accounting principles and practices
consistently applied in effect on the date of execution of this Agreement.
b. Vendor's shall also maintain the financial information and data used by Vendor's in the preparation of
support of the cost submission required for any negotiated agreement or change order and send to CITY
OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their
authorized representatives shall have access to all such books, records, documents and other evidence
for the purpose of inspection, audit and copying during normal business hours. VENDOR will provide
proper facilities for such access and inspection.
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 19 of 21
c. Records shall be maintained and made available during performance on assisted work under this
Agreement and until three years from the date of final payment for the project. In addition, those
records which relate to any controversy arising out of such performance, or to costs or items to which an
audit exception has been taken, shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
i. Negotiated prime agreements
ii. Negotiated change orders or agreement amendments affecting the price of any formally
advertised, competitively awarded, fixed price agreement
iii. Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply to a
prime agreement, lower tier sub agreement or purchase order awarded after effective price
competition, except:
1. With respect to record pertaining directly to sub agreement performance, excluding any
financial records of VENDOR;
2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
35. Covenant Against Contingent Fees:
a. VENDOR warrants that no person or selling agency has been employed or retained to solicit or secure this
Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent
fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained
by VENDOR for the purpose of securing business. For breach or violation of this warranty, CITY OF
FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
36. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that VENDOR or any of VENDOR agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any
official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this
project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making
any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written
notice to VENDOR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the
Remedies clause of this Agreement.
b. The CITY may pursue the same remedies against VENDOR as it could pursue in the event of a breach of
the Agreement by VENDOR. As a penalty, in addition to any other damages to which it may be entitled by
law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which
shall be not less than three nor more than ten times the costs VENDOR incurs in providing any such
gratuities to any such officer or employee.
37. Clarification and Understanding of all parties:
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 20 of 21
a. The citizens of Fayetteville voted to authorize the Fayetteville City Council to issue bonds to fund this
project.
b. All parties agree and acknowledge that all funds derived from the City's sale of the bonds may only be
spent or used for purposes authorized by the City voters and applicable state laws.
IN WITNESS WHEREOF, CITYOFFAYETTEVILLE,ARKANSAS by and through its Mayor, and DC Sparks
Construction, LLCthrough its authorized officer have made and executed this Agreement as of the day and year
first above written.
CITYOF FAYEITEVILLEARONSAS DC Sparks Construction, LLC
BBy:
Lion 4 Jordan, Mayo Daniel Sparks
ATTEST:
By: o AC41LG T C
Kara Paxton, City Clerk -
O111111JbIt
• rnYt:Tt:����, I
Date Signed: 10/03/2023 Date Signed:
CONTRACT: Bid 23-39 Fleet Shop
Expansion Page 21 of 21
9/14/2023
Appendix B
CITY OF
W0% FAYETTEVILLE
ARKANSAS
Bid 23-29 Addendum 1
DC Sparks Consruction
Supplier Response
Event Information
Number: Bid 23-29 Addendum 1
Title: Construction - Fleet Shop Expansion
Type: Invitation to Bid
Issue Date: 7/30/2023
Deadline: 8/29/2023 02:00 PM (CT)
Notes: The City of Fayetteville is accepting sealed bids from properly
licensed firms for the construction of the expansion of the City of
Fayetteville's Fleet Shop. Questions regarding this bid should be
addressed to Amanda Beilfuss, Sr. Purchasing Agent at
abeilfuss@fayetteville-ar.gov or by calling (479) 575-8220.
Contact Information
Contact: Amanda Beilfuss
Address: Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 3 pages Vendor: DC Sparks Consruction Bid 23-29 Addendum 1
DC Sparks Consruction Information
Address: 8871 Lola Jeane Ln
Rogers, AR 72756
Phone: (479) 365-2889
Email: daniel.sparks@dcsparksconst.com
Web Address: dcsparksconstruction.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Alexus Sparks
Signature
Submitted at 8/29/2023 01:52:42 PM (CT)
Requested Attachments
Bid 23-29, Bid Bond
alexus.sparks@dcsparksconst.com
Email
Fleet Shop Expansion Bid
Bond.PDF
Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be
delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded.
Bid 23-29, Required Signature Forms
Bid 23-29, FILE #00 - REQUIRED
SIGNATURE FORMS.pdf
Please attach your completed forms. These documents can be found in the Project Manual, or as a convenience file
in the 'Attachments' tab titled "FILE #00".
Bid Attributes
1
Arkansas Secretary of State Filing Number:
800199219
2
Arkansas Contractor's License Number:
0349560323
3
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
2 Yes, I agree
❑ No, I don't agree
4
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing.
Z Yes, I agree
❑ No, I don't agree
Page 2 of 3 pages Vendor: DC Sparks Consruction Bid 23-29 Addendum 1
5 Addendum Acknowledgement
By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
2 1 agree
Bid Lines
1 Bonds and Insurance
Quantity: 1 UOM: Lump Sum Price: $10,620.00 1 Total: $10,620. 00
2 Mobilization (Maximum 5% of Total Bid)
Quantity: 1 UOM: Lump Sum Price: $18,9 00.00 Total: $18,900.00
3 Trench and Excavation Safety
Quantity: 1 UOM: Lump Sum Price: $1,000.00 1 Total: $1,000.00
4 Fleet Shop Expansion - Total Lump Sum (DO NOT INCLUDE PRICING FOR TRENCH AND EXCAVATION
SAFETY, MOBILIZATION, OR BONDS AND INSURANCE IN THIS LINE ITEM)
Quantity: 1 UOM: Lump Sum Price: 1 $396,677.00 1 Total: $396,677.00
Item Notes: This bid is being bid as a total lump sum. This line item shall include the total construction price for the
entire scope of work for this bid.
5 DEDUCTIVE ALTERNATE 1 -
Existing Wall Section (at New Metal Panels and Exterior Door) - refer to Plan Sheet A-302
(Line excluded from response total)
Quantity: 1 UOM: Lump Sum Price: $20,000,00 Total: $20,000.00
Item Notes: Please input final Deductive Alternate 1 pricing as the difference that needs to be deducted
from total bid.
6 Line deleted as part of an Addendum
7 Line deleted as part of an Addendum
Response Total: $427,197.00
Page 3 of 3 pages Vendor: DC Sparks Consruction Bid 23-29 Addendum 1
CITY OF
_ FAYETTEVILLF
ARKANSAS
Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a
bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders
are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
❑
X 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at
least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made
payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery
appointment with the City Purchasing Division.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums
XLJ or marking acknowledgement on other bid pages).
All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price.
FX_1 Total base bid should be calculated in the provided space.
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid
FX_1 documents
All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical
FX_1 sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of
Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting
a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or
updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed
envelope as well as the bidders Arkansas Contractor's License Number.
Additional Information Required:
FX_1 • List of Subcontractors: Submit form on Ion Wave or attach if submitting a physical bid.
• AR Secretary of State Filing #: 800199219 OR submit electronically.
• Arkansas Contractor License #: 0349560323 OR submit electronically.
• Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
• Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering
into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the
contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must
notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-29, CONSTRUCTION - FLEET SHOP EXPANSION
SECTION 02
BID FORM
*NAME OF FIRM: DC Sparks Construction, LLC
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name DC Sparks Construction, LLC
*BUSINESS ADDRESS: 8871 Lola Jeane Lane
*CITY: Rogers
*PHONE: (479) 365-2889
*E-MAIL: bids@dcsparksconst.com
UNIQUE ENTITY NUMBER:
*TAX ID NUMBER: 273347018
*STATE: AR *Zip: 72756
FAX:
CAGE NUMBER:
AR CONTRACTORS LICENSE #: 0349560323
Bidder acknowledges receipt of the following addendum:
Addendum No. 1
Dated: 8/23/23
Acknowledged by: Alexus Sparks
Addendum No.
Dated:
Acknowledged by:
Addendum No.
Dated:
Acknowledged by:
Addendum No.
Dated:
Acknowledged by:
Total Completion Time and Liquidated Damages Including Alternative: Total completion shall be 120 consecutive
calendar days from the date established in a written notice to proceed. The bidder must agree also to pay as
liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter.
The bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities
in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after
the bid opening.
BID FORM
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-29, CONSTRUCTION - FLEET SHOP EXPANSION
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the
following names of Subcontractors to be used in performing the Work for:
Bid 23-29, Construction - Fleet Shop Expansion
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work Subcontractor's Name
and Address
Pooles Refridgeration & HVAC
MECHANICAL: 15410 Winn Creek Road, West Fork, AR 72774
PLUMBING:
ELECTRICAL:
ROOFING AND SHEET METAL
Other (designate)
DBJ Construction, Inc
PO Box 9825, Fayetteville, AR 72703
Dynamis Electric, LLC
3305 SW 14th Street, Bentonville, AR 72712
DC Sparks Construction, LLC
Expected Percentage
or Value
7%
2%
10%
7%
Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within
10 days and deliver a Surety Bond or Bonds as required by the General Conditions.
The bid security attached in the sum of $ 17,700.00 is to become
the property of the Owner in the event the contract and bond are not executed within the time set forth above,
as liquidated damages for the delay and additional expense to the Owner caused thereby.
*BY: (PRINTED NAME) Alexus Sparks
*AUTHORIZED SIGNATURE:
*TITLE: Estimator
BID FORM
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 23-29, CONSTRUCTION - FLEET SHOP EXPANSION
Section 03
CONTRACTOR REFERENCES
The following information is required from all Bidders so all bids may be reviewed and properly evaluated
COMPANY NAME: DC Sparks Construction, LLC
NUMBER OF YEARS IN BUSINESS: 12 yrs
HOW LONG IN PRESENT LOCATION: 3 yrs
TOTAL NUMBER OF CURRENT EMPLOYEES: 13
FULLTIME PARTTIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT:
6 FULLTIME PARTTIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE (5) YEARS (All fields must be completed):
1 City of Fayetteville - Fleet Truck Wask
2 City of Centerton - Centerton Fire Department Renovation
COMPANY NAME
COMPANY NAME
Fayetteville, AR, 72701
Centerton, AR, 72713
CITY, STATE, ZIP
CITY, STATE, ZIP
Les McGaugh
B. Edwards
CONTACT PERSON
CONTACT PERSON
(479) 575-8220
(479) 795-2750
TELEPHONE
TELEPHONE
April 2021
June 2019
DATE COMPLETED
DATE COMPLETED
Imcgaugh@fayettevillear.gov
bedwards@centertonar.us
E-MAIL ADDRESS
E-MAIL ADDRESS
3 La Bodega
4 City of Rogers - Rogers Water Department Renovation
COMPANY NAME
COMPANY NAME
Springdale, AR, 72770
Rogers, AR, 72756
CITY, STATE, ZIP
CITY, STATE, ZIP
Rafael Dominguez
Mark Landis
CONTACT PERSON
CONTACT PERSON
(314) 484-1649
(479) 936-5418
TELEPHONE
TELEPHONE
November 2019
July 2023
DATE COMPLETED
DATE COMPLETED
labodegaarllc@gmail.com
marklandis@rwu.org
E-MAIL ADDRESS
E-MAIL ADDRESS
CONTRACTOR REFERENCES
1
_• Liberty
Mutual
SURETY
CONTRACTOR:
(Name, legal status and address)
DC Sparks Construction, LLC
8871 Lola Jeane Lane
Rogers, AR 72756
OWNER:
(Name, legal status and address)
CITY OF FAYETTEVILLE
113 W Mountain St
Fayetteville, AR 72701
BOND AMOUNT: 5% of Bid Amount
Bid Bond
SURETY:
(Name, legal status and principal place of business)
The Ohio Casualty Insurance Company
175 Berkeley Street
This document has important
Boston, MA 02116
legal consequences,
Consultation with an attorney
is encouraged with respect to
MAILING ADDRESS FOR NOTICES:
its completion or modification,
Liberty Mutual Surety Claims
P.O. Box 34526
Any singular reference to
Seattle, WA 98124
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Five Percent of Bid Amount
PROJECT:
(Name, location or address, and Project number, if an.i)
Fleet Shop Expansion for City of Fayetteville
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period
as may be agreed to by the Owner and Contractor, and the Contractor either (I ) enters into a contract with the Owner in accordance with
the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The
Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shalt be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
Signed and sealed this 29th day of August , 2023
!! " 4� DC arks Constn ion, LLC
(Witnea Mexu parks of ract as -Incipal) (Seal)
..r4
(Tit e
The Ohio Casualty insurance Company
�'`a oasa
A...1—.K-. Z..fi „1 �.�{s (Surety) � �' "^•�:e
(Witness) Donna Easley \s,� C' j(�'
t,J (Title) Christine Piker - Attorney in Fact
BID-0019952
[nit.
Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text
/ LMS-20M2e OW21 in AIA Rccumont AJ10-20'M Hdiue Bid Rudd,
oLiberty
Mutual
SURETY
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.
The Ohio Casualty Insurance. Company
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: that The Ohio Casualty Insurance Company, a corporation duly organ¢ed under the laws of the State of New Hampshire (herein
collectively called the 'Company"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Christine Piker in the city and stale of ROGERS, AR, each
individually if there be more than one named, its true and lawful attomey-in-fad 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 d they have been duly
signed by the president and attested by the secretary of the Company in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto
this 28th day of March, 2021,
The Ohio Casualty Insurance Company
k/i/
Imo'
PENNSYLVANIA
is
OF MONTGOMERY
this 28th day of March, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of The Ohio Casualty Insurance Company
I he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as duly author
WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at Plymouth Meeting, Pennsylvania, on the day and year first above written.
CommbTef a of WIla Nlrania Notary Seal
Teresa Paslella, Notary Pubf
/I
Montgomery Ceunry
My wmmissgn esDires Marty 28. 2035
By:
CP,,nmlssian "umber n26oaa
Teresa Pastella,
Notary Public
Member. Perv,ayNanu Avrci W eff Nd s
Power of Attorney is made and executed pursuant to and by authonty of the following By-law and Authorizations of The Ohio Casualty Insurance Company, which is now in full
effect reading as follows:
ARTICLE IV —OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation 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 Corporation by their signature and executed, such 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 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.
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, necognizances and other surety
obligations.
Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature or electronic signatures of any
assistant secretary of the Company or facsimile or meehanicalty reproduced or electronic seal of the Company, wherever appearing upon a certified copy of any power of attorney or
bond 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, of The Ohio Casualty Insurance Company do hereby celtlfy that this power of attorney executed by said Company is in full
force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Company this 29th day of August , 2023
�tr INaU�
gJp'oonaoy� 2
/J �'' 1'114'•�
1919 n
is
BY:
*e},N^ePyv:'"s�
Renee C. Llewellyn. Assistant Secretary
eBonding_P0A
Aft CITY OF
FAYETTEVILLE
ARKANSAS
Appendix C
BID TABULATION
Bid 23-29, Construction - Fleet Shop Expansion
DEADLINE: Tuesday, August 29, 2023 at 2:00 PM
Certification of Funds: $750,000.00,15937,500.00 total orh—d)
DC Sparks Consruction
EWI, Inc.
-'
SSI of Northwest Arkansas
Inc.
Manaeement, Inc
$427,197.00
$573,095.00
$629,800.00
$672,137.82
$715,000.00
Total
Une #
Descriotlon
1 07Y
UOM
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
1
Bonds and Insurance
1
US
510,620.00
$10,620.00
$13,038.00
$13,038.00
$17,700.00
$17,700.00
$34,543.32
$34,543.32
$301000.00
510,000.00
2
Mobilization (Maximum 5%of Total Bid)
1
LS
$18,900.00
$18,900.00
$2,500.00
$2. 00.00
$25,000.00
$25,000.00
$33,000.00
$33,000.00
$35,75000
$3S,7S0.00
3
Trench and Excavation Safety
1
US
$1,DDO.00
$1,000.00
S400.00
$400.00
$100.00
S300.00
$4,000.00
$4,DD0.00
$1.00
$1.00
Fleet Shop Ezpanzion- Total Lump Sum(DO NOT INCLU DE PRICING FOR TRENCH AND
4
EXCAVATION SAF Ery, MOBILIZATION, OR BONDS AND INSURANCE IN THIS LINE ITEM)
1
US
$396,677.00
$396,677.00
5557,157.00
$557,157.00
$587,000.00
$587,000.00
$600,594.50
$600,59d,50
$669,249.00
$669,249.00
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