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t,.,~ CHANDLER
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'ljj\♦ Community of Innovation
CHANG E ORDER NO.
6
DATE
04/16/24
This Change Order No. 6 ("Change Order No. 6") to the construction services agreement is made by
and between the City of Chandler, an Arizona municipal corporation, ("City") and Achen-Gardner
Construction, LLC ("Contractor"), on this __ day of
202 __ ("Effective Date" by
Clerk).
Change Order not valid until signed by both the City and the Contractor. Contractor's signature indicates
Agreement herewith, including any adjustments in the Agreement Price or Agreement Time.
Project Name:
Arrowhead Water Production Facility Rehabilitation and Pecos Surface Water
Treatment Plant Surge System
Project No.:
WA1903.401 & WA1908.401
User Dept.:
Public Works & Utilities
NTP Date: 11/18/21
TO:
Achen-Gardner Construction, LLC
2195 W. Chandler Boulevard, Suite 200,
Chandler, AZ 85224
(CONTRACTOR)
(Mailing Address)
knunez@achen.com
(Email Add ress)
Contractor must make the following changes to this Agreement: (Detail scope change (Exh. A) I cost
breakdown (Exh. B), if needed)
The intent of this change order is to compensate Contractor for efforts associated with the leak
discovered during the commissioning of the renovated Arrowhead WPF. Efforts include the
investigation and determination of the leak's source, the repair of the leaking suction line, and the
repair of discovered reservoir floor cracks. To perform described work, 300 calendar days will be
added.
Amendment authorized by Owner name: Danny Sargent
Date: 4/4/24
Original Agreement amount:
$6,053,000.00
Previous Change Order total:
$798,000.00
Last Agreement amount approved by Council:
$6,851,000.00
This Change Order:
$353,512.43
This Change Order+ previous Change Order(s) not approved by
$353,512.43
Council total:
Revised Agreement total:
$7,204,512.43
Council Approval Required (yes indicates approval required)
Yes
No
Change Order(s) total over $100,000:
0
□
Change Order(s) total causes Agreement to exceed $100,000:
□
0
Agreement Time
Agreement time prior to this Change Order (including previous
743
change order(s):
Calendar Days
Project Name: Arrowhead WPF Rehab & Pecos SWTP Surge System Construction - Change Order No. 6
Project No.: WA1903.401 & WA1908.401
Rev. 1/16/2024
Page 1
Net change resulting from this Change Order:
300
Calendar Days
Revised Agreement time (including this Change Order):
1043
Calendar Days
Council Approval (if applica ble)
Council Approval Date: 5/23/24
Item No. Pending
Project Name: Arrowhead WPF Rehab & Pecos SWTP Surge System Construction - Change Order No. 6
Project No.: WA 1903.401 & WA 1908.401
Rev. 1/16/2024
Page 2
Item No. 73
Item No.74
Item No.75
Item No.76
Exhibit A
Leak Investigation
This bid item is added to compensate the contractor for the costs associated with the
investigation of the leak that occurred while filling the reservoir just prior to the facility's
commissioning.
Measurement and Payment: Investigation efforts will be measured as a single complete
unit of work and paid at the contract lump sum of$ 83,512.43.
Suction Line Leak Repair
This bid item is added to compensate the contractor for the costs associated with the
leak repair of suction line between reservoir and the Arrowhead WPF.
Measurement and Payment: Investigation efforts will be measured as a single complete
unit of work and paid at the contract lump sum of$ 225,000.00.
Reservoir Floor Crack Repair
This bid item is added to compensate the contractor for the costs associated with the
repair of discovered floor cracks within the floor of the Arrowhead Water Reservoir.
Measurement and Payment: Investigation efforts will be measured as a single complete
unit of work and paid at the contract allowance of$ 25,000.00.
Owner's Construction Allowance
This bid item is added to compensate the contractor for the costs associated with
unforeseen conditions and related efforts.
Measurement and Payment: Investigation efforts will be measured as a single complete
unit of work and paid at the contract lump sum of$ 20,000.00.
Exhibit B
WA1903.401 Arrowhead WPF Rehab & Pecos SWTP Surge System Construction
Change Order No. 6 - Leak Investigation, Suction Line Leak Repair, Reservoir Floor Crack Rehab
Item
Description
Est.
Unit
Unit Price
Extended Price
No.
Qty.
73
Leak Investigation
1
Lump Sum
$ 83,512.43
$
83,512.43
74
Suction Line Leak Repair
1
Lump Sum
$ 225,000.00
$
225,000.00
75
Reservoir Floor Crack Repair
1
Allowance
$ 25,000.00
$
25,000.00
76
Owner's Construction Allowance
1
Allowance
$ 20,000.00
$
20,000.00
$
Change Order No. 6 Total
353,512.43
THE ABOVE IS AGREED TO BY:
"CITY" CITY OF CHANDLER
"CONTRACTOR"
ACHEN-GARDNER CONSTRUCTION, LLC.
MAYOR
RECOMMENDED BY:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
C:
Owner I Project Mgr
Print Name
Title
Signer Email Address
Seal
Project Name: Arrowhead WPF Rehab & Pecos SWTP Surge System Construction - Change Order No. 6
Project No.: WA 1903.401 & WA 1908.401
Rev. 1/ 16/2024
Date
Page 3
RIDER
TO BE ATTACHED TO AND FORM PART OF
~P~e=r~i-"-orc...cm==a=nc=e~&~P~a=y'-"m=-"-en=t'--'B~on=d=s'-------------------------- NO.
609203507
(Bond Type)
(Bond Number)
IN FAVOR OF
City Of Chandler; Development Services
(Obligee)
ON BEHALF OF
Achen-Gardner Construction, LLC
EFFECTIVE
May 4, 2021
(Principal)
(Original Effective Date)
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium that may be
properly chargeable as a result of this rider.
The Surety,
Liberty Mutual Insurance Company
hereby gives its consent to change;
Bond/Contract Amount
(of) the referenced bond FROM:
Old Bond Amount = $6,851 ,000.00
TO:
New Bond Amount = $7,204,512.43 (per Change Order No. 06, dated April 16, 2024$
PROJECT: Arrowhead Water Production Facility Rehabilitation and
Pecos Surface Water Treatment Plant Surge System
Project Nos. WA 1903.40 I and WA 1908.40 I
EFFECTIVE:
April 16, 2024
PROVIDED, however that the attached bond shall be subject to all its agreements, limitations, and conditions except as herein
expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this
rider shall not be cumulative.
SIG ED, AND SEALED this ____
2_6_th ____ day of
April, 2024
Achen-Gardner Construction, LLC
Liberty Mutual Insurance Company
Seal No. 5831
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Liheri):
\P 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.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8200472-975281
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Stephanie L.
Bucholz, Andrew A. Farr, Barry R. Farr, Gregory P. Griffith, Debra K. Williams
all of the city of
Mesa
state of
Arizona
each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this --2!!!__ day of
February
, -2Q.!.2__.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
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David M. Carey, Assistant Secretary
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...:- ~ State of PENNSYLVANIA
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a$ :::, County of MONTGOMERY
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<-> Ql On this
7th
day of
February
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before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
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o ..:! Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = t;
CD ~ therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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_ :::, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
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NotarialSeal
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Teresa Pastella, Notary Public
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UpperMerionTwp., MontgomeryCounly
By: -=1----=-----,,----,'"'"""--=-c-,,------------ <ii ro
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My Commission Expires March 28, 2021
TeresaPastella, Notary Public
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Member, Pennsylvania Association of Notaries
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.g' _2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual £ ~
o -~ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
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ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
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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 ;g i
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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 ~ o
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any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall ~ ~
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have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such ...., <?
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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 attorney-in-fact under the E ~
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.
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
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Any officer of the Company authorized for that purpose in writing by the chainnan or the president, and subject to such limitations as the chainnan or the president may prescribe, {?. ....'..
shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-
tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this~ day of __
A~pr_il __ , 2024 .
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By:~.,,_~~~~~~~~~-------
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_062018