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HomeMy WebLinkAbout173-05 RESOLUTION• • RESOLUTION NO.173-05 A RESOLUTION RESCINDING THE CHANGE ORDER CONTAINED IN RESOLUTION No. 155-05 AND APPROVING A REVISED CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON- ANCHOR DIVISION REDUCING II -IE CONTRACT AMOUNT BY $278,481.85. 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 rescinds the Change Order contained in Resolution No. 155-05, and approves a revised Change Order to the construction contract with APAC- Arkansas, Inc., McClinton -Anchor Division reducing the contract amount by $278,481.85. A copy of the revised Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 6th day of September, 2005. .aipmn,nr„ • • to. •-23: :FAYETTEVILLE: '�,f• • 5 =9s••9.0NS:JZ ATTEST'•;',v/ivGG,TON,%%% %% By: Nat SOND A SMITH, City Clerk APPROVED: AN COODY, May o NAME OF PROJECT: OWNER: • • CHANGE ORDER Order No. Date: Agreement Date: W est Side GA Apron Improvements 1 August 4, 2005 August 2. 2005 City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc., McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust the scope of the project to delete the West 165 feet of the Apron and adjust the quantities and several unit prices for the project as detailed on the attached page 2 of this Change Order. Deduct a cost of $ 278,481.85 from the contract. Justification: 1. The project funding by the FAA has been reduced for the second year of the funding cycle, thereby requiring the apron project to be constructed in two phases. This Change Order removes the work in Phase II from the project. CONTRACT PRICE prior to this Change Order: $ 1,165.206.00 Decrease in Contract Price: $ (278,481.85) Revised CONTRACT PRICE Including this Change Order: $ 886,724.15 Final Completion Time Prior to This Change Order: 150 Calendar Days Net Time Change Resulting From This Change Order: 0 Calendar Days Change to CONTRACT TIME: The CONTRACT TIME will be (increased) ) by 0 calendar days. Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by the GENERAL CONDITIONS. Requested by: Recommended by: Approved by: AC- Arkansas, Inc), McClinton Anchor Division Deolios Date vtre71- '1--f - 0 5 ting Engineers, Inc. Date J.120051052127\correskarder-1.wpd ity of Fayetteville Page 1 • CHANGE ORDER NO. 1 PRICING Revised Phase I, West side GA Apron Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-0342005 August 3, 2005 MCE Project No. FY052127 • Rem $ Description BID Oty. Unit McCentorl-Andy Division. APAC.AAensaa, Inc.. BID REVISED Revised Bid Revised Unit Price Extended Bid Qty. Unit P ke Extended 1 Motrkzaton 8 Demodl'zaoon 1 LS 550,000.00 155,000 00 1 554000 00 5516000 00 2 TopwiI Removal (Plan Ouanuty) 530 CY 5700 53,710 00 300 57 00 52 660 00 3 Urinssfed E,cavabon (Plan Ouan:M) 11600 CY 51100 5127,60000 8,200 51120 59104000 4 Embankment from Exravaton(Plan Ouantty) 1050 6,940 2,045 CY CY CY 5625 51685 52800 56,502.50 $11693900 557,120 00 775 4690 1A43 $025 51685 52800 54,843.75 579,026 50 540,32000 5 Syed Borrow Ertantment (Plan Ouanery) 6 Topso-1 Replacement[ Pan Cuanl:ty) 7 Undercut and Emtanknont 13ackf6 1,500 CY 52100 531600 00 1000 52100 52100090 8 SS Sabtzaban Fenno 7.500 150 SY IF 51.60 52.10 50200000 $31500 4,500 105 5160 52 10 5720000 5220.50 9 Straw Bye Flamer 10 Fins Fabric Barrer 800 IF 5438 53,50'00 600 54.35 12,82800 11 Cnnned A9pe2a•e Base Course 4.250 TN 515.50 578 825 00 2,858 51900 554.26400 12 7.Ineh Portland Cement Concrete Pavement 9 215 SY 537.00 534095500 6 132 54095 5251 105 40 13 Apron Joni wean( 1 LS $21,00000 521,00000 1 $1407000 11407000 14 44g0 Annan Binder Type II 40 20 IN TN 57800 511900 53,120 CO 52,150 00 40 20 57800 511900 53,12000 12.38000 15 2411 Anhalt Surface, host! 16 Cower Cot and Curer 126 IF 53000 53.78000 126 13000 5378000 17 NaMcap Ramps, AMD Type 3 _ 2 500 EA LF 595000 $64 CO 51,92000 535,640 00 2 390 596000 564 00 51 920 00 $24 980 00 18 16Mcn RCP Gass III, WaII B 19 bNcn PVC Sd0 80 Ape 102 4 LF EA 542 00 56 000 00 57644 00 524,000.00 0 2 50 CO 56,000 CO 50 00 $12,000 00 20 Mat Gale 21 Junceon Box 2 EA 54200.00 55,40000 2 54,20000 58,400 00 22 Cot !Nei over Ed/S:49 Pipe 1 LF 54,150.00 5415000 0 5000 5000 23 RecsOSMxt Inlet Top to (demo Wei 1 EA LF 5400000 51Q03 $400000 52.00000 t 150 $400000 51009 1400000 5150000 24 Ape LMaefersn SysOern 200 25 Sold Sodtno 20 SY 51030 520800 10 $1030 $10300 26 Sesdno Fenknn9, end Muktuna 2.5 AC 5200000 55.200.00 10 52,00000 53,60000 27 Tanney Smpng (Yana«) 700 LF 5300 $2,100.00 550 1345 51,897 50 28 Tammy Sthpn4 (Neck OulLne) 1,403 LF 5300 54.20300 1190 5345 53 795 00 29 Trance and Excevalon Safety System 0 L5 $0,12500 56,12500 1 56,13003 50,10000 30 Remove Emend Chan Link Fence 710 LF 52 85 $2,023.50 710 $2 85 52,02350 31 New 6'Gan Link Fence with Barbed Woe 780 IF 51900 514,82000 655 51900 512,445 00 32 Reloare Wind Gary and Controls 1 LS 53.20000 53,200.00 0 5000 5000 33 Remove Curb and Geier 1 LS 53500_00 53,50000 1 53,50003 $3 500 00 34 Remove Aspnal1Pavernenl (3020 SY) 1 LS 5900000 19,00000 1 59,00000 5900900 35 Remove Gavel &Ale (4466 SY) 1 1 l5 l5 524000 00 575000 $24,000 00 575000 1 1 $19,460 00 575000 519 460 90 575003 36 Remove Cowers Swale (72 SY) 37 Remove Concrete Bock Buddrg and Foundation 1 1 LS LS $2,740.00 $8,70000 52 740 00 $0,70000 1 1 52,74000 56,70000 52,74000 56,70000 38 Remove Duper Pump Steen,. Back58 are Cap Force Man 39 RyobaSCADA System Antenna to Pro SU. South d Tenni* Brtiring 1 LS $260.00 526000 1 5260 03 $260.00 40 Remove Corwete Inlet 1 LS 5205.00 5205 03 0 500 00 50 00 41 Remove 02•,15•, and 15' RCP ( LF) 1 LS 52,300 00 52 300.00 1 52,300 CO 52,300.00 42 Remove Sanitary Sew Msthpes 2 0 EA EA 1250.03 52,700.00 550000 510,20000 2 0 525000 52,70300 550000 516,2C0 03 43 Nov Sanitary MenMe 44 8' SDR 26 PVC Sew Ape 1,140 lF 55000 557,00300 1,140 550.00 557,03000 45 Canned Stone Trench SKIM 908 TN 31900 517,25200 908 50900 517,252.00 46 Conc Curb Reoval end Repay 49 545 LF SY 52300 55200 592000 528,34000 40 545 52300 552.00 592000 528,34000 47 As41141 Drive Ryan 48 Aspeit Partng RV,/ 100 SY $44 00 54A00 00 103 $44 00 $4 400 00 49 Thud Party Insurance COYflQe (Res Amount/ 1 LS 5209 00 1200 03 0 5200 03 520000 TOTAL BIO x1,165,206.60 Change Order 1 Price 2868,724.15 J Ueevaa arwm.e. otate ... as Page 2 Reduced Project Cost (5278,481.85) • • CITY COUNCIL AGENDA MEMO q s /73 deirktikkno, ©thr ASCl/e City Council Meeting of: September 6, 2005 Agenda Item Number: TO: Mayor and City Council THRU: Staff/Contract Review Commit Airport Board FROM: Ray M. Boudreaux, Director, Aviation and I conomic Development DATE: August 4, 2005 SUBJECT: Rescind the Change Order Contained in Resolution No. 155-05 and approve a revised Change Order to the construction contract with APAC-Arkansas, Inc., McClinton - Anchor. RECOMMENDATION: Rescind the Change Order Contained in Resolution No. 155-05 and approve a revised Change Order to the construction contract with APAC-Arkansas, Inc., McClinton -Anchor reducing the contract amount by $278,481.85. BACKGROUND- The West Side General Aviation Apron was designed and bid IAW direction from the FAA that the project had support for funding in FY 2005 and FY 2006 in the amount of $1,165,206.00 Federal and State money. The funds were to be provided in two grant years, 2005/2006, split in amounts according to construction progress, i.e. grading, fill, and sewer line installation in year one; paving and striping in the second year. The FAA fiscal year ends 9/30/05, thus 2006 funding could be accessed subsequent to the start of construction and the project could continue unimpeded. The project was designed and bid with implied assurance from the FAA that all the funding would be made available to complete the project. After the design and bid process had been completed, which is a pre -requisite of the FAA's Grant Offer, the FAA informed us that the 2006 funds earmarked for the project had become tentative, and would possibly be disapproved due to exigencies of other FAA funding priorities. Therefore, only the 2005 funds for the project would be available at this time. A last minute effort was made to downsize the project to within the allocated funding amount, and a draft Change Order amount was included in the Council Agenda package for Resolution 155-05, and was approved August 2nd. On August 2nd, the day of the Council Meeting to approve the revised construction Contract and grant, the FAA project manager contacted the airport to inform us that additional grant Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suitc F Fayetteville. Arkansas 72701 Ray M. Boudreaux, Director • funds were being made available, 95% of a total construction cost of $886,724.15, in order to conduct the project to a satisfactory stage of completion, sufficiently usable, and that any additional funding for the project, as originally designed and bid, remained in doubt. The additional grant funds were made available following numerous conversations between the consulting engineer, the contractor, and the airport staff to revise the project to complete the sufficiently usable project. With approval of the FAA for the funding amount needed to complete the satisfactory project, the Engineer and Contractor were instructed to produce Change Order #1 to reduce the project for the newly revised amount of $278,481.85. DISCUSSION: This Resolution will correct the draft Change Order amount submitted to Council, so that the project budget and scope is reduced from its original full scale, to within the FAA's grant offer amount. This project is essential to the continued growth of Fayetteville Municipal Airport. It expands the aircraft parking area on the West side of the runway and additionally provides two lots for future hangar development. BUDGET IMPACT: The project is 100% funded by FAA and the State Department of Aeronautics. Additional revenue can be expected in the form of land rent for hangar construction and additional parking ramp for transient aircraft. Attachments: Staff Review Form Resolution 155-05 Change Order #1 (4 Originals) Copy of Contract with APAC Aviation and Economic Development Department Fayetteville Municipal Airport. Drake Field 4500 South School Avenue. Suite F Fayetteville. Arkansas 72701 Ray M. Boudreaux. Director • • RESOLUTION NO. A RESOLUTION RESCINDING THE CHANGE ORDER CONTAINED IN RESOLUTION No. 155-05 AND APPROVING A REVISED CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON- ANCHOR DIVISION REDUCING THE CONTRACT AMOUNT BY $278,481.85. 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 rescinds the Change Order contained in Resolution No. 155-05, and approves a revised Change Order to the construction contract with APAC- Arkansas, Inc., McClinton -Anchor Division reducing the contract amo•-its y $278,481.85. A copy of the revised Change Order, marked Ex lbit A" Tis attached hereto, and made a part hereof. PASSED and APPROVED this 6th day of Septemb r, 2005. . /\APPROVEIIrS__ 1 PYi \DAN Q ODY, Mayor • RESOLUTION NO. 155-05 • A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206 00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,923 00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS. BE TI' 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 a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923 00, to construct the West General Aviation Apron. A copy of the contract and Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August, 2005. ATTEST. By: �/1'Vu' SONDRA SMITH, City Clerk ,V. '.PA E ;FAYETTEVILLE: s:9RKANSP�: J2~�= APPROVE By AN COODY, Mayor • CONTRACT THIS AGREEMENT, made and entered into on thed lld day of $ f 2005, by and between McClinton -Anchor, a Division of APAC, herein called the yntractor, and the City of Fayetteville: WITNESSETH: That McClinton -Anchor, a Division of APAC, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That McClinton -Anchor, a Division of APAC, shall fumish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: West Side GA Apron Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-034- 2005 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 14 Sheets 2. That the City of Fayetteville hereby agrees to pay to McClinton -Anchor, a Division of APAC for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of One Million One Hundred Sixty Five Thousand, Two Hundred Six & 00/100 Dollars (SI,165,206.00). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: City of Fayetteville and McClinton -Anchor, a Division of APAC, recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and McClinton -Anchor, a Division of APAC, agree that as liquidated damages for delay (but not as a penalty) McClinton -Anchor, a Division of APAC, shall pay City of .1: \2005\052127 Section 00500 - 1 • • Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to McClinton -Anchor, a Division of APAC, on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by McClinton -Anchor, a Division of APAC, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by McClinton -Anchor, a Division of APAC, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by McClinton - Anchor, a Division of APAC, in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by McClinton -Anchor, a Division of APAC, of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, McClinton -Anchor, a Division of APAC, shall, at its expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to McClinton -Anchor, a Division of APAC, shall be deemed to be due under this Agreement until such new or additional security for the faithful perfor- mance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. 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. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, McClinton -Anchor, a Division of APAC will 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 photocopying cost pursuant to the FOIA may be assessed for this compliance. 1:\2005\052127\SPECS\FAA\00500.1xC Section 00500 - 2 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the othcr counterparts be deemed an original Contract. SEAL: ATTEST: City Clerk McClinton -Anchor, a Division of ADAC By itorn,uJ 74 • (ted C,?i z� itortelitAve Title CITY OF FAYETTEVILLE ---)/1/14t By _ti•, G�SY O •,•pc • _U• •1•- c ••FAYETTEVILLE• 3 'q•r. .9RKANS:6.3 W: 2005\ 05212TSPECSIFAA\00500.DOC /t l/ Dan Coody, Mayor Section 00500 - 3 Clarice Pearman - Res. 173-05 =21,=======.- Page 1 From: Clarice Pearman To: Boudreaux, Ray Subject: Res 173-05 Ray, Attached is a copy of the resolution passed by City Council September 6, 2005 rescinding the change order for Res. 155-05 regarding McClinton -Anchor. Also attached is a copy of the revised change order. I am retuming two of three orginals to you via interoffice mail. Thanks. Clarice CC: Deaton, Vicki • • Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts 6 -Sep City Council Meeting Date Aviation & Economic Development General Govemment Division Action Required: Department Approve an Amendment to Resolution 155-05, revising the Change Order #1 amount with APAC - Arkansas Inc., McClintron Anchor Division. ($278,481.85) Cost of this request 5550.3960.5314.00 Account Number 05034 Project Number Budgeted Item X $ 1,079,316.00 Category/Project Budget $ 100,689.00 Funds Used to Date $ 978,627.00 Remaining Balance Budget Adjustment Attached West General Aviation Apron Program Category / Project Name Airport Capital Improvements Program / Project Category Name General Fund / Airport Fund Name teh Department Director Previous Ordinance or Resolution # 155-05 City Attorne Finance a Internal Service Director /L 4 I n 11/1/45- City 1/1/4S O•Ilc- OCi Date Mayor Date Original Contract Date: Original Contract Number: 8/2/2005 1007 Received in City Clerk's Office Received in Mayor's Office omments: • Sondra Smith - Council Agenda Item Page 1 • • From: James Nicholson To: Sondra Smith Date: 8/11105 9:45AM Subject: Council Agenda Item Helb Sondra, Please start this around. Original CO1 will be sent interoffice mail. Thanks. James Nicholson, Financial Coordinator Fayetteville Municipal Airport / Drake Field 479-718-7643 office 479-718-7646 fax l nichofson@ci.fayetteville.ar. us Clarice Pearman: Res. 173-05 From: Clarice Pearman To: Boudreaux, Ray Date: 9/14/05 11:43AM Subject: Res. 173-05 Ray, Attached is a copy of the resolution passed by City Council September 6, 2005 rescinding the change order for Res. 155-05 regarding McClinton -Anchor. Also attached is a copy of the revised change order. I am returning two of three orginals to you via interoffice mail. Thanks. Clarice CC: Deaton, Vicki