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Home My WebLink About204-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 204-23 File Number: 2023-1050 FLINTCO, LLC (CHANGE ORDER NO. 10): A RESOLUTION TO APPROVE CHANGE ORDER NO. 10 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $29,624.00, AND TO APPROVE A BUDGET ADJUSTMENT — POLICE HEADQUARTERS BOND PROJECT WHEREAS, on December 3, 2019, the City Council passed Resolution 282-19 to approve a Construction Manager at Risk agreement with Flintco, LLC for the Police Headquarters Project; and WHEREAS, Change Order No. 10 includes additional security cameras at the trail, doors to body camera storage areas, additional access controls, finish upgrades in the main entrance vestibule, and is a reconciliation change order to close out the project. NOW, THEREFORE, 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. 10 to the Construction Manager at Risk Contract with Flintco, LLC in the amount of $29,624.00 for the Police Headquarters Project. 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 September 19, 2023 Page 1 Attest: ci: •�:. = I-AYFT-7F vri_I.. Kara Paxton, City Cler reasurer yj ; CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 19, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-1050 FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Change Order #10 to RFQ#19-05 with Flintco, LLC. for the Police Headquarters and Budget Adjustment. RECOMMENDATION: Staff recommends approval of Change Order #10 to RFQ-19-05 contract with Flintco, LLC for the Police Headquarters Project in the amount of $29,624.00 and approve a budget adjustment. BACKGROUND: In December of Last Year, a resolution approved Change Order #9 that added back several VE items including additional Dispatch AV systems as well as range ceilings for better sound attenuation, and additional asphalt paving. DISCUSSION: This is the final change order for this project to reconcile the contingencies used throughout the project. The Scope added includes additional security cameras at the trail, doors to the body camera storage areas, additional access controls at the asset building, and finish upgrades in the main entrance vestibule. BUDGET/STAFF IMPACT: 46090-Police Projects 2019 Bonds 4609.860.7900-5804.00 46090.7900.8040 ATTACHMENTS: 2023-1050 SRF-Flintco CO 10 Police Building, 2023-1050 BA Flintco CO 10 Police Building, Fayetteville PDHQ CO #10, Flintco LLC 107380881 Bond Rider City of Fayetteville 20020 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1050 Change Order #10 to RFQ#19-05 with Flintco, LLC. for the Police Headquarters and Budget Adjustment. A RESOLUTION TO APPROVE CHANGE ORDER NO. 10 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $29,624.00, AND TO APPROVE A BUDGET ADJUSTMENT — POLICE HEADQUARTERS BOND PROJECT WHEREAS, on December 3, 2019, the City Council passed Resolution 282-19 to approve a Construction Manager at Risk agreement with Flintco, LLC for the Police Headquarters Project; and WHEREAS, Change Order No. 10 includes additional security cameras at the trail, doors to body camera storage areas, additional access controls, finish upgrades in the main entrance vestibule, and is a reconciliation change order to close out the project. NOW, THEREFORE, 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. 10 to the Construction Manager at Risk Contract with Flintco, LLC in the amount of $29,624.00 for the Police Headquarters Project. 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 2023-1050 Item ID 9/19/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 9/1/2023 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Change Order #10 to RFQ#19-05 with Flintco, LLC. For the Police Headquarters and a Budget Adjustment. 2019 Bond Project. 4609.860.7900-5804.00 Account Number 46090.7900.8040 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: 4609 - 2019 Police Project Bonds Fund Police Headquarters Building / Construction Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,281,802.00 $ 1,258,379.62 23,422.38 $ 29,624.00 $ 47,426.00 fi 41,224.38 V20221130 Purchase Order Number: 2019-839 Previous Ordinance or Resolution # 317-22 Change Order Number: Original Contract Number: Comments: 10 2019-62 Approval Date: 12/20/2022 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number BUDGET &INFORMATION MGMT (133) /Org2 2023 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Change Order #10 to RFQ#19-05 with Flintco, LLC. For the Police Headquarters in the amount of $29,624. To recognize $47,426 in interest earnings received from the 2019 Police Project Bonds. COUNCIL DATE: 9/19/2023 ITEM ID#: 2023-1050 Holly Black 6'/26'/2023 2:06 Pln RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: 9/19/2023 CHKD/POSTED: TOTAL Account Number 47,426 47,426 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202388 Account Name 4609.860.7900-5804.00 29,624 - 46090 7900.8040 EX Building Costs 4609.860.7000-4707.46 4609.860.7999-5899.00 - 47,426 12,802 - 46090 46090 7000 RE 7999 EX Interest - 2019 Project Funds Unallocated - Budget 4609.860.7000-5860.03 5,000 - 46090 7000 EX Capital Prof Svcs - Internal Support I of 1 Document G701 - 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Fayetteville Police Headquarters Contract For: General Construction Change Order Number: 10 1800 N. Porter Rd Date: December 03, 2019 Date: August 141h, 2023 Fayetteville Arkansas 72703 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Fayetteville BRINKLEY SARGENT WIGINTON Flintco, LLC 113 West Mountian Street ARCHITECT 184 E. Fanitnel Dr. Fayettevill, AR 72701 5000 Quorum, Suite 600 Springdale, AR 72762 Dallas, Texas 74254 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) Incudes additional scopes of work as shown in the attached Exhib A - Change Order Itemization. Date Description 08/14/23 Exhibit A - Change Order Itemization The original Guaranteed Maximum Price was $ 82,500.00 The net change by previously authorized Change Orders S 39,714,899.00 The Guaranteed Maximum Price prior to this Change Order was S 39,797,399.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 29,624.00 The new Guaranteed Maximum Price including this Change Order will be S 39,827,023.00 The Contract Time will be increased by one hundred and fifty (150) days. The new date of Substantial Completion will be NA 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 CONTRACTOR AND OWNER. Fhntco, LLC (rn t I avcli 'vllc CONTRACTOR (Firm na re) 0TNER Il r yir n rmey SIGNATURE 61IGNATIME Chad Crouch / Project Director Leone d J rdan, Mayor PRINTED NAME AND TITLE PRINT , AME AND TITLE S / N 'Z 0.2,J", 09/19/2023 DATE DATE AIA Document G701 — 2017. Copyright @ 1979, 1987, 2000 , 2001 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:16:22 1 ET on 08/16/2023 under Order No.3104239076 which expires on 09/1712024, 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 docinfo@aiacontracts.com. User Notes: (3B9ADA48) 08/14/2023 GMP ITEMIZATION Exhibit A r I NTCO FAYETTEVILLE POLICE HEADQUARTERS GROUP DESCRIPTION BUILDING PACKAGE 090000 PCO 103 - Gold Trim in Dispatch 5,978.22 270000 PCO 104 - Add/Relocate Site Camera 14,825.80 080000 PCO 106 - Exterior Doors at Connector Yard Option #2 12,246.07 270000 PCO 107 - Relocate Thermostat RM 2103 185.15 090000 PCO 108-Additional Acrovyn in RM 1411 2,686.00 220000 PCO 109 - Freeze Proof Hose Bibs at Asset #2 (Option #1) 750.00 270000 PCO 112 - Elevator Cell Dialers 1,797.72 260000 PCO 113 - Frosted Glazing on 2nd Level South Corridor 1,224.00 630000 PCO 114 - Concrete for Flag Pole Lights (RFI #136) 3,445.00 260000 PCO 115 - Electrical Changes to Entry Vestible 4,665.45 680000 PCO 116 - Frosted Glazing at Locker Rooms 122.00 080000 PCO 117 - Range Striping Changes (SI #4) 764.00 090000 PCO 118 - Epoxy Dog Run Walls and Floors 6,780.00 630000 PCO 119 - Additional Concrete at Connector Yard and DG Change 3,642.00 100000 PCO 120 - PR #22 (Excluding items 1-4) 17,155.55 650000 PCO 121- Staff Entry Rail (RFI #361) 2,675.00 120000 PCO 122 - Shade Change in Chief Office, Including Additional Switch 11,394.45 100000 PCO 123 - Additions and Relocations of Tack Boards and Marker Boards 13,550.30 080000 PCO 124 - Additional Floor Stops and and Friction Closure (Due to Millwork) 869.42 080000 PCO 125 - Exterior Hardware Change on 1412 A and 1413A 1,782.78 100000 PCO 126 - Vertical Grab Bars at all ADA Stalls 1,842.40 100000 PCO 128 - Detention Mirror in Sally Port Restroom 313.40 690000 PCO 129 - Granite Epoxy in Rooms 1203, 1204, 1205, & 1206 12,637.00 090000 PCO 130 - Carpet, LVT-2, and Base in ST-01 Stairwell 7,940.00 100000 PCO 131- PR #23 - Lobby Vestibule Lettering and Signage 6,811.29 050000 PCO 132 - Handrails Adds at Exterior Sidewalk Ramps 11,500.00 630000 PCO 133 - 400 Grit Grind & Seat in Range 8,212.50 090000 PCO 134 - PT-1 Floor Tile ILO Walk Off Carpet in Vestibule 1001 3,175.00 270000 PCO 135 - Move Three (3) T-Stats Called to be in Interview Rooms 540.00 320000 PCO 136 - DG Strip on West Side of Building 8,164.00 270000 PCO 138 - Door Contacts for Exterior Doors at Asset Buildings 2,899.95 080000 PCO 140 - Replacement Deadbolts for Evidence 654.00 680000 PCO 141- Door Changes for 1415A & 1415B 14,792.17 270000 PCO 142 - Access Control/Hardware Changes for 1105B and 1105C 4,574.78 090000 PCO 143 - Metal Trim Base for Lobby Areas 948.75 270000 PCO 144 - Camera Cable Run and Box Changes 6,003.00 060000 PCO 145 - Millwork Changes in Room 1102 3,120.27 320000 PCO 146 - Plant Adds to Connector Courtyard 1,328.00 680000 PCO 147 - Door Closures for 1725A and 1737A (2 Total Closures) 692.65 320000 PCO 150 - Gate Damage at South Entry Gate (Post Replacement) 3,095.00 140000 PCO 151- Elevator Floor Identification Change 1,402.38 270000 PCO 152 - Camera Cabling Changes to Stephen Carr Exterior Cameras 1,605.06 090000 PCO 153 - Additional AWP in Lobby Above Reception Desk 5,592.00 230000 PCO 154 - Lowering of Two (2) Vent Hoods 5,308.88 100000 PCO 155 - Interior Signage Adds 1,631.55 070000 PCO 156 - (4) Downspout Extentions at West Exterior Range Wall 1,436.00 is 222,758.94 1 ALLOWANCES Owner Contingency (195,248.00) GENERAL INSURANCE 0.6% 169.08 BUILDER'S RISK 0.18% 49.31 SDI 1.25% 343.89 Bonds 1.0% 275.11 CONSTRUCTION MANAGEMENT FEE is 1,275.67 CO #10 $ 29,624.00 RIDER Travelers Casualty and Surety Company of America Hartford, CT 06183 To be attached to and form a part of: Bond No. 107380881 Type of Bond: Contract Executed by Flintco, LLC , as Principal, and by Travelers Casualty and Surety Company of America , as Surety, in favor of City of Fayetteville and dated January 19, 202 In consideration of the premium charged for the attached bond, it is hereby agreed to change: Amount of Bond From: $39,797,399.00 To: $39,827,023.00 This rider is effective August 17, 2023 This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed this 17th day of August 1 2023 Flintco, LLC (Principal) By: _ O� Travelers Casualty and Surety Company of America By: Cheryl L M Aleenan Attorney -in -Fact Rider Accepted By: City of Fayetteville (Obligee) By- Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Cheryl L McAleenan of Maryland Heights , Missouri , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. r acow ny HARTft#� m rfARlFOtiR. i State of Connecticut City of Hartford ss. By: Robert L. Raney Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 KOTFSftf� , _Zee Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 17th day of Auqust , 2023 ul� on 4P `9A ¢ t t ' ��`'r \ r Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attormey(s)-in Factand the details of the bond to which this Power of Attorney is attached. STATE OF Missouri COUNTY OF St. Louis On this I i day of . 2028, before me personally appeared Cheryl L. McAleenan_ with whom I am personally acquainted, who, being by me duly sworn, said: That she is Attorney -in -Fact of Travelers Casualty and Surety Company of America, the corporation described in and which executed the foregoing instrument; that she knows the corporate seal of said Company; that said seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors thereof and of her office under the Standing Resolutions of said Company; and that she signed his/her name thereto as Attorney- in -Fact by like authority. TONYA A. MEINHARDT Notary Public, Notary Seal State of Missouri St. Louis County % Commission # 12618776 l My Commission Expires 08-15-2024 ' Tonya A. MeW hardt) - � otary, Public Commission Number: 12618776 NOTARY STAMP My Commission Expires: August 15t; 2024.