HomeMy WebLinkAbout69-20 RESOLUTIONOF FAYETTf
i
4Rk
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 69-20
File Number: 2020-0099
BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS
CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF ASEWER
MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY, AND
TO APPROVE A BUDGET ADJUSTMENT
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 approves Change Order
No. 2 to the Contract with DC Sparks Construction, LLC in the amount of $59,950.00 for the
relocation of a sewer main necessary for the construction of the Fleet Vehicle Wash Facility. A copy of
Change Order No. 2 is attached to this Resolution and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas herby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 2/18/2020
Attest:
��a�nrrrrr�r�
Kara Paxton, City Clerk Treasuil ei :• CI T y •.�F%�
Fq O� .vim
Cf) • �' F�/� i
`�NS.AS
Page 1 Printed on 2119/20
P
City of Fayetteville, Arkansas
Text File
File Number: 2020-0099
Agenda Date: 2/18/2020 Version: 1
In Control: City Council Meeting
Agenda Number: A. 7
BID #19-52 DC SPARKS CONSTRUCTION LLC CHANGE ORDER 2:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Resolution
A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DC SPARKS
CONSTRUCTION, LLC IN THE AMOUNT OF $59,950.00 FOR THE RELOCATION OF A SEWER
MAIN NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY,
AND TO APPROVE A BUDGET ADJUSTMENT
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 approves Change Order No. 2 to
the Contract with DC Sparks Construction, LLC in the amount of $59,950.00 for the relocation of a sewer
main necessary for the construction of the Fleet Vehicle Wash Facility. A copy of Change Order No. 2 is
attached to this Resolution and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas herby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 2119/2020
City of Fayetteville Staff Review Form
2020-0099
Legistar File ID
02/18/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 1/30/2020 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of Change Order #2 to the contract Bid 19-52 in the amount of $59,950 with DC Sparks Construction
LLC., for the forced sewer main relocation in association with the Fleet Vehicle Wash Facility, and approve a
Budget Adjustment.
9700.770.1920-5804.00
Account Number
18021.1
Project Number
Budget Impact:
Shop. Fleet Operations Capital Expense
Fund
Fleet Vehicle Wash Facility
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
$ 1,308,000.00
$ 591,519.97
I $ 716,480.03 I
$ 59,950.00
$ 59,950.00
$ 716,480.03
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 13-20
Change Order Number: 2 Approval Date:
19-52
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF: FEBRUARY 18, 2020
TO: Mayor and City Council
THRU: Paul Becker, Chief Financial Officer
Terry Gulley, Director of Transportation
Sara Glenn, Superintendent Fleet Services
CITY COUNCIL MEMO
FROM: Wade Abernathy, Director of Bond Projects and Facilities
DATE: January 30, 2020
SUBJECT: Change Order #2 to Bid 19-52 Contract with DC Sparks Construction LLC,
for Fleet Vehicle Wash Facility, and approve a Budget Adjustment.
RECOMMENDATION:
Staff recommends approval of Change Order #2 with DC Sparks Construction LLC in the
amount of $59,950.00 for the relocation of the forced sewer main in association with the Fleet
Vehicle Wash Facility and approve a Budget Adjustment.
BACKGROUND:
On 3/5/19 council approve a contract with deMx architecture to provide architectural services for
the new fleet vehicle wash facility.
On 5/7/19 council approved the purchase of the car wash equipment with Whiting system, Inc.
of Alexander Arkansas.
On 1/7/20 Council approved a Contract with DC Sparks for Site Work, Site Utilities, Plumbing,
HVAC and Mechanical Systems.
DISCUSSION:
At the time of the bid, the sewer main was identified in the drawings to be relocated by the
owner.
BUDGET/STAFF IMPACT:
A Budget Adjustment in the amount of $59,950 will come from the Shop Fund reserves
to increase the project budget 9700.7700.1920-5804.00 project 18021.1.
Attachments:
Change Order #2.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
r� p
Document '"
-• .i c ent G701 -
2017
Change Order
PROJECT: (Name and address)
Fayetteville Fleet Truck and Car Wash
Facility
1720 S. Armstrong Avenue
Fayetteville, AR 72701
OWNER: OVame and address)
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
CONTRACT INFORMATION:
Contract For: General Construction
Date: January 7, 2020
ARCHITECT: (!Fame and address)
DEMX architecture
104. N East Avenue
Fayetteville, AR 72701
CHANGE ORDER INFORMATION:
Change Order Number: 002
Date: January 27, 2020
CONTRACTOR: (A'ame and address)
DC Sparks Construction, LLC
17062 Harmon Road
Fayetteville, AR 72704
THE CONTRACT IS CHANGED AS FOLLOWS:
(insert a detailed description ofthe change and, if applicable, attach or reference specie echlbits. Also include agreed upon adjustments
attributable to executed construction Change Directives)
(See attached DC Sparks Construction, LLC Change order request dated January 27, 2020)
Forced Sewer Main Upgrades
- Relocate Existing 14" Force Main
- 300 ft 14" C- 900
- Two tie in points 300 - Apatt
- Provide Two pumper trucks to transfer sewage to city Pitt
- Gravel Bedding W/ Class 67
- I - 14" 45 W/ Anchoring Glands
- 1 -14" 11.25 bend IV/ Anchoring Glands
- I "'14" 22.50 bend W/ Anchoring Glands
- 2 - 14" Solid Sleeves W Anchoring Glands
- Provide concrete kickers for each fitting
- Provide Bond if needed if not we will return 3% of contract to owner
- Provide Two tanker trucks to transfer sewer to city manhole
- Two trucks are needed to meet the demand and for safety to make sure no problems The rate on those trucks are S 200.00 per
hour for each
- If the demand is lesser we could send one truck back then we could give the owner back the balance.
- Provide full depth SB -2 as per plans
Excluded:
Any lay out or engineering
Any haul off
The original Contract Sum «us $ 399.403.20
The net change by preciously authorized Change Orders $ -19.172.00
The Contract Sum prior to this Change Order sus $ 380.231.20
The Contract Sum will be increased by this Change Order in the amount of $ 59.950.00
The new Contract Sum including this Change Order v*ill be $ 440.181.20
The Contract Time «ill be increased by Zero (0) days.
The new date of Substantial Completion will be --
NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract
Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the
Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
AIA Document 6701 r" — 2017. Copyright O 1979. 1987, 2000, 2001 and 2017 by The American Institute o1 Archhects. All rights reserved. WARNING. This
AEA* tbcument Is protected by U.S. Copyright Law and International Treaties. Unauthortmd reproduction or distribution or this AIAe Document, or
any portion of It, may result in severe civil and criminal peeanles, and will be prosecuted to the maximum extent possible under the law: This
document was produced by AIA software at 10:03:05 ET on 0112812020 under order No. 2040301210 which expires on 0812812020, and is not for resale.
User Nota: (302ADA28)
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
DEMX architecture
DC Sparks Construction, LLC
AR
Orin name)
CO��NNTRACTOORJ (Firm name)
TUM
el
SIGNATURE
Tim Maddox,
Principal
Keri Cossey / Project Coordinat
PRI ED NAi
AND TITLE
PRINTED NAME AND TIRE
2'I
2020
01/29/2020
DATE f
DATE
AIA DoeumeM 67011" —2017. Copyright O 19n. 1987. MW, 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This
AtA* Document Is protected by U.S. Copyright Law and International Treaties. Unnuthortsed reproduction or distribution of this AIA* bocumeat, or Z
any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by ALA software at 17:10:40 ET on 01127/2000 under Order No. 2040301210 which expires on 08/2812020, and Is not for meds.
User Notes: (389ADA24)
112712020
AMW
DC Sparks Construction, LLC
Change Order
Changc Ordcr Print
Printed: Jan 27, 2020
17062 Harmon Road, Fayetteville, AR 72704
Fax: 479-365-7014
Phone: 479-365-2889
Owner info Job Info Change Order ID -
Les McGaugh 1701 S. Armstrong Ave 2020-01-004-0001
113 West Mountain Street Fayetteville, AR 72701
Fayetteville, AR 72701
Phone: 479-575-8220
Fleet Truck Wash
CO ID
Created / Approved Date
Price
2020-01-004-0001
Created: Jan 6, 2020
$59,950.00
Description
Forced Sewer Main Upgrades
Relocate Existing 14" Force Main
300 ft 14"C- 900
Two fle in points 300 ft. Apart
Provide Two pumper trucks to transfer sewage to city Pitt
Gravel Bedding W/ Class 67
1 -14" 45 W/ Anchoring Glands
1 -14" 11.25 bend W/ Anchoring Glands
1 -14" 22.50 bend W/ Anchoring Glands
2 -14" Solid Sleeves W Anchoring Glands
Provide concrete kickers for each fitting
Provide Bond If needed tf not we will return 3% of contract to owner
Provide Two tanker trucks to transfer sewer to city manhole
Two truck are needed to meet the demand and for safety to make sure no problems
The rate on those trucks are $ 200.00 per hour for each
If the demand is lesser we could send one truck back then we could give the owner back the balance.
Provide full depth SB -2 as per plans
Excluded:
Any.lay out or engineering
Any haul off
Cost Code
Title
Description
Qty/Unit
Unit Cost
Price
33-0500 - Utilities
Utilities
All costs associated with
the scope -of -work outlined
below.
1.00
$59,950.00
$59,950.00
https:l/buildenmd.nct/app/ChangeOrderiNnt?ids-2761166&sonEzp=O&sortDir=asc 312
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 FACILITIES MANAGEMENT (140)
2020
Requestor: Wade Abernathy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA is needed with the Fleet Car Wash project to appropriate funds for Change Order #2 with DC Sparks Construction
LLC., for the relocation of a forced sewer main. Shop fund use of fund balance will be used to cover this cost.
RESOLUTION/ORDINANCE
COUNCIL DATE: 2/18/2020
LEGISTAR FILE ID#: 2020-0099
Ke /C*vSprUujew
2/3/2020,4:51 PM
Budget Director
TYPE:
JOURNAL #:
GLDATE:
CHKD/POSTED:
Date
D - (City Council)
TOTAL 59,950 59,950 v.20191231
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
9700.770.1920-5804.00 59,950 - 18021 1 EX Building Costs
9700.770.1910-4999.99 - 59,950 RE Use Fund Balance - Current
H:\Budget Adjustments\2020_Budget\City Council\02-18-2020\BA 2020-0099 Fleet Car Wash.xlsm 1 of 1
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Doc ID: 019073430002 Type: LIE
Kind; PERFORMANCE BOND
Recorded: 02/25/2020 at 02:51:16 PM
Fee Amt: $20.00 Page 1 of 2
Washington County, AR
Kyle Sylvester Circuit Clerk
FileB036--00000532
HOME OFFICE OR BRANCH SERVICE OFFICE — DES MOINES, IOWA
❑✓ Employers Mutual Casualty Company ❑ Dakota Fire Insurance Company
❑ EMCASCO Insurance Company ❑ Illinois EMCASCO Insurance Company
❑ Union Insurance Company of Providence ❑ EMC Property & Casualty Company
❑ Hamilton Mutual Insurance Company
ENDORSEMENT RIDER
ATTACHED TO AND FORMING PART DATE ENDORSEMENT EFFECTIVE DATE
OF BOND OR POLICY NO. OR RIDER EXECUTED OF ENDORSEMENT OR RIDER
S015064 02/04/2020 01/07/2020
Obligee: City of Fayetteville, Arkansas
Principal: DC Sparks Construction, LLC
It is hereby agreed that the words:
$380,231.00 and contract dated 20th day of December, 2019
are hereby deleted,
And the words;
$440,181.20 and contract dated 7th day of January, 2020
are hereby substituted therefore;
Provided that, no amount carried under the Bond during any period shall be cumulative with the amount or amounts
carried under the Bond during any other period or periods.
ACCEPTS : bru 4 020
By:
Principal
By: By: G1Le��
Obligee Attorney -i act
Karen J. Payne
7001.1 (5-99)
File Number: 803600000532 Paqe 1 of 2
360 2
/rEMC
P.O. Box 712 • Des Moines, Iowa 50306.0712 INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as 'Company"and collectively as 'Companies", each does, by these presents, make, constitute and appoint:
KAREN J. PAYNE
its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the Bid Bond
Any and All Bonds
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duty called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attomeys•in•fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time
and revoke the power and authority given to him or her. Attomeysdn-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recegnizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power-of•attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to b hereto affixed this
1st dayof July 2018.
Seals 4a41�4
�Nsir •"co.•�' ' •, Bruce G. Kelley, E0, Cha' an of Todd Strother
? ; ° `6, "�;%` ' ''P �• qs Companies 2, 3, 4, 5 & 6; President Senior Vice President
NAL a•" o,,',- 7,:
SEAL 1953
* lovM
'W= SEAL SEAL ` SEALA
;a
•, •.lop'w-. :1by''.p,:- :,V'4fOHiES.`�.
KAYMY IAVEAIDGE
74Wmy commission isitras
Oonttnbabn Number 780769
October 2019
of Companies 1, 2 & 6; Treasurer of
Companies 1, 2, 3, 4 & 6
On this 1st day of July , 2018 before me a Notary Public in and for the State
of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duty
swom, did say that they are, and are known to me to be the CEO, Chairman, President and
Treasurer, and/or Senior Vice President, respectively, of each of the Companies above; that
the seals affixed to this instrument are the seals of said corporations; that said instrument
was signed and sealed on behalf of each of the Companies by authority of their respective
Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers,
acknowledged the execution of said instrument to be their voluntary act and deed, and the
voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2019.
CERTIFICATE
Notary P.ublZ in and for the State o owa
1, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 1st day of July , 2018 , are true and correct and are stili In full force and effect.
In Testimony Whereof t have subscribed my name and affixed the facsimile sea[ of each Company this 4th day of February 2020
6Z
Vice President
7854(7-18) 8001585 K9123 979 A 000000-00 "For verification of the authenticity of the Power of Attorney you may call (515) 345.2689."
File Number: 803600000532 Page 2 of 2
Doc ID:
/EMC, Employers Mutual Casualty Company Kind: PERFORMANCEO03 BONDype: LIE
Recorded: 01/23/2020 at 08:52:
Fee Amt: $25.00 Page i of 3
Home Office • Des Moines, Iowa Bond No. 1 Washington County, AR
Kyle Sylvester Circuit Clerk
/�
PERFORMANCE BOND FileB036-000004
KNOW ALL MEN BY THESE PRESENTS: That We, DC Sparks Construction, LLC
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA,
and authorized to transact business in the State of Arkansas as Surety, are held and firmly
bound unto City of Fayetteville, Arkansas
(hereinafter called "Obligee"), in the penal sum of Three Hundred and Eighty Thousand Two Hundred and Thirty One
and 20/100
DOLLARS ($ 380,231.00 ), good and lawful money of the United States of America, for the
payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors
and assigns, jointly and severally firmly by these presents.
SEALED, with our seals and dated 30th day of December 20 19
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee,
dated the 20th day of December 20 19 providing for the construction or supply of,
Construction of Fleet Truck Wash
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein for the purpose of explaining but not of varying or enlarging the obligation.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden
Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said
contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner
in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and
damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this
obligation shall be void: otherwise, to be and remain in full force and effect.
PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of
action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named
herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only.
WITNESS: DC Sparks Co tru on, LLC
�j�% � e�lxl Principal (Seal)
/� By
( Individual or Firm)
ATTEST: Employers Mutual Casualty Company
ure y [Seal]
B,: X; �/'�
(If Corporation) Karen J. Payne U Attorney Fact
7066(3-02)
25 AM
•
AV EMC Employers Mutual Casualty Company
P.O. Box 712, Des Moines, IA 50306-0712 Bond No. S015064
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That We, DC Sparks Construction, LLC
(hereinafter called "Principal'), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa and authorized to transact business in the State of
Arkansas (hereinafter called "Surety"), as Surety, are held and firmly bound unto the
City of Fayetteville, Arkansas
(hereinafter called "Obligee"), in the penal sum of Three Hundred and Eighty Thousand Two Hundred and Thirty One
and 201100 DOLLARS, ($ 49,070.00---------------- ), good and lawful money of the United
States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the 20th day of December
construction or supply of, Construction of Fleet Truck Wash
.20 19 , providing for the
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and
material in the prosecution of the work provided for in said contract, then this obligation to be void; otherwise to
remain in full force and virtue.
SIGNED and sealed this 30th day of December 20 19
WITNESS:
( ndividual or Firm)
ATTEST:
1
(If Corporation)
7067(2-08)
DC Sparks Constlucti�g$, LLC
B ��g�/� Principal (Seal]
Employers Mutual Casualty Company
S�ety
Karen J. Payne Attorney -in -r t
/EMC
P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
KAREN J. PAYNE
its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond Principal:
Number DC Sparks Construction, LLC
S015064
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attorneys -in -tact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time
and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to b hereto affixed this
1st day of July 2018 .
Seals
N '
jS
=4: SEAL `-= •'^' 1863rd -=,i 1953 '
IOWA S�• o:
```�,,:URd/y:C •'., ,`'U+SUB.i,Vp''.I �: ePUTUA(�'
W SEAL SEAL =' = ; f : SEAL
'�,iowr. "` ' NO�ril..•kfiP� •°�''ni,,.,••�tro.
KATHY I.OVERIDW
Camrniwlon Number 7x0769
74Woctfter 100,,EnSm
2022
Bruce G. Kelley,EO, Cha' an of Todd Strother
Companies 2, 3, 4, 5 & 6; President Senior Vice President
of Companies 1, 2 & 6; Treasurer of
Companies 1, 2, 3, 4 & 6
On this 1st day of July 1 2018 before me a Notary Public in and for the State
of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly
sworn, did say that they are, and are known to me to be the CEO, Chairman, President and
Treasurer, and/or Senior Vice President, respectively, of each of the Companies above; that
the seals affixed to this instrument are the seals of said corporations; that said instrument
was signed and sealed on behalf of each of the Companies by authority of their respective
Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers,
acknowledged the execution of said instrument to be their voluntary act and deed, and the
voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2022.
±6�f AJ-yL1L;J0!d-
Notary Publit in and for the State ot4owa
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 1st day of July : 2018 , are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 30th day of December , 2019
Vice President
7851(9-19) S015064 K9123 979 AC 006686 -KK "For verification of the authenticity of the Power of Attorney you may call (515) 345.2689."
SPARKS CONSTRUCTION, LLC
CHANGE ORDER NO. 3
Wade Abernathy
Submitted By
City of Fayetteville Staff Review Form
2020-0335
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/16/2020 FACILITIES MANAGEMENT (140)
Submitted Date Division / Department
Action Recommendation:
APPROVAL CHANGE ORDER NO. 3 TO THE CONTRACT WITH DC SPARKS CONSTRUCTION, LLC IN THE
AMOUNT OF $25,457.50 FOR THE RELOCATION OF 2" WATER LINE, REMOVAL OF UNSUITABLE SOILS,
REMOVAL OF ANANDONED MANHOLE, AND REMOVAL OF UNDERGROUND CONCRETE STRUCUTRE
NECESSARY FOR THE CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY.
9700.770.1929-5804.00
Account Number
18021.1
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? NA
Budget Impact:
Shop Fleet Operations Capital Expeses
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Fleet Car Wash
Project Title
$ 1,216,561.00
$ 1,129,062.20
$ _ 87,498.80
$ 25,457.50
V20180321
Purchase Order Number: 2020-00000194 Previous Ordinance or Resolution # 69-20
Change Order Number:
3
Original Contract Number: 2020-00000009
Comments:
Approval Date:
6/2/2020
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Paul Becker, Chief of Staff
Terry Gulley, Director of Transportation
Sara Glenn, Superintendent Fleet Services
FROM: Wade Abernathy, Bond Project and Construction Director
DATE: 4/16/2020
STAFF MEMO
SUBJECT: Change Order #3 to Bid 19-52 Contract with DC Sparks Construction LLC,
for Fleet Vehicle Wash Facility.
RECOMMENDATION:
STAFF RECOMENDS APPROVAL OF CHANGE ORDER NO. 3 TO THE CONTRACT WITH DC
SPARKS CONSTRUCTION, LLC IN THE AMOUNT OF 25,457.50 FOR THE RELOCATION OF 2"
WATER LINE, REMOVAL OF UNSUITABLE SOILS, REMOVAL OF ABANDONED MANHOLE, AND
REMOVAL OF UNDERGROUND CONTRETE STRUCTURE NECESSARY FOR THE
CONSTRUCTION OF THE FLEET VEHICLE WASH FACILITY.
BACKGROUND:
On 3/5/19 council approved a contract with deMx architecture to provide architectural services
for the new fleet vehicle wash facility.
On 5/7/19 council approved the purchase of the car wash equipment with Whiting system, Inc.
of Alexander Arkansas.
On 1/7/20 Council approved a Contract with DC Sparks for Site Work, Site Utilities, Plumbing,
HVAC and Mechanical Systems.
On 2-18-20 Council approved Chan Order #2 for the relocation of the forced sewer main.
DISCUSSION:
This change order addresses unforeseen conditions found at the site. Relocation of a
secondary water line that fed the container building, removal of unsuitable soils found in the
drive, removal of an abandoned manhole, and removal of underground concrete tanks are
required to provide suitable sub -grades to support the drives and building.
BUDGET/STAFF IMPACT: Contingency Funds will be used for this change order.
Attachments:
Change Order #3.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Ow
_ Document G701 - 2017
Change Order
PROJECT: (Fame and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION:
Fayetteville Fleet Truck and Car Wash ontract For General c_ on,truction Change Order Number 003
Facility
1720 S. Armstrong Avenue Data January 2020 Date: June 1, 2020
Fayetteville, AR 72701
OWNER: (Name and address) ARCHITECT: fAame and addr: ss CONTRACTOR: (\ante and address)
Cit) of Fayetteville DLNIX architecture DC Sparks Construction. LLC
113 West Mountain Street 104. N East Avenue 17062 Flarmon Road
Fayetteville, AR 72701 Fayetteville, AR 72701 Fayetteville, AR 72704
THE CONTRACT IS CHANGED AS FOLLOWS:
(Insert a detailed description ofthe change and, ijapplicable, attach or reference specific exhibits. Also include agreed upon adjustments
attribritahle to executed Construction Change Directives )
26-0500 - Electrical
I ) Add under ground conduit for a future vacuum.
- 50' PVC 1 1 4" - $75.00
- Trench'Labor - $325.00
2) Add EMT conduit for additional camera in Equipment Room
- 25' EMT 3 4" - $40.00
- Labor - $1 10.00
31-2000 - Earthniovitig
Weather Delays
Count of weather delay days from notice to proceed (2 7 2020) to 3 27 2020:
Days unable to work: Feb. 10,1 1, 18, 20, 24. 25, 26; March 9, 11, 13, 17,18, 19, 20, 23, 24, 25; April 3, 22, 23. 27
Contract time extended from 243 days to 264 days
Lift Station Void Fill - Per McClelland's Recommendation
B-Stone Fill - 416.79 units ; 32.20 per unit - $13,420.64
Class 7 to top B-Stone - 138.36 units $25.30 per unit $3,500.51
Filter Fabric to separate Class 7 and red dirt - $575.00
Payment and Performance Bond Premium - 20o of change order amount for additional bond premium - S400.00
33-0500 - Utilities - Water Liue Reroute
Relocating water line damaged by excavation. line runs through the new building site
Locate Existing:
Tractor - $362.25
Labor - $338.10
Relocate
Tractor - $724.50
Labor 2 men - $1352.40
Pipe. 330 ft. 1 1 2" PVC Class 200 - $796.95
Gravel 3'- loads. SB 2 - $1811.25
2 compactors - $241.50
Labor for compaction - $289.80
Fittings - $60.38
Overhead - $333.87
Profit - $700.35
AtA Document G701 " — 2017. Copyright m 1979 1987, 2000. 2001 and 2017 by The Amenran Institute of Architects All rights reserved The 'American
Io-,taute of Ar:h,iec's - WA ' the AIA Logo and WA Contract Cocuments' are registe•ed trademarks anc may not !>p used wilt -out permission This document .�
was produced by AIA software at 13 25 20 ET on 06t01i2020 under Order No 2040301210 which expires on 08126f2020 is not for resale is licensed for one-time
use only and may only be used in accordance with the AIA Contract Documents` Terms of Service To report copyright violations. e-mail copyright@aia org
User Notes: (3B9ADA21)
The original Contract Sum "as $ 399.403.20
The net change by previously authorized Change Orders $ 40.778,00
The Contract Sum prior to this Change Order %%as $ 440.181.20
The Contract Sum will be increased by this Change Order in the amount of $ 25.457.50
The neu Contract Sum including this Change Order %%ill be $ 465,638.70
The Contract Time Lill be increased by twenty one (21) days.
The nen date of Substantial Completion a ill be October 28. 2020
NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract
Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the
Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
i
DEMX architecture DC Sparks Const ction. LLC /ar.,et
ARCHITEC rante) coNT C R ( irn name) NER rF, ante)
NATURE SIGNATU IGNATUR
Tim Maddox, AIA. Principal Chadd Claybrook, Project Manager Lio d rdan, Mayor
PRINT D 7AME AND TITLE PRINTED NAME AND TITLE FWQTqWAME AND TITLE
ZC, 6/t/2020 6/2/2020
DATE DATE DATE
AIA Document G701- - 2017. Copyright O 1979 19117 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved The "American
InstJute of Amhi;ecls "AIA the AIA Logo and *AIA Contract (Documents'are registered trademarks and may not oe used without permission This document Z
was produced by AIA software at 13 25 20 ET on 06/0112020 under Order No 2040301210 which expires on 08/2612020, is not for resale. Is licensed for one-time
use only. and may only be used .n accordance with the AIA Contract Documents' Terms of Service To report copyright violations, e-mail copyrightiMaia org
User Notes_ (389ADA21)