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HomeMy WebLinkAbout259-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 259-21 File Number: 2021-0730 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE A CHANGE ORDER TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $1,920.44 WHEREAS, on June 4 , 2020, the City Council passed Resolution 160-20 to approve a contract with Midland Industrial Services, LLC for the construction of critical electrical upgrades at the Noland Water Resource Recovery Facility; and WHEREAS, Change Order No. 2 provides for increasing the size of the underground conduits, labor and additional services. 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 authorizes Mayor Jordan to sign a Change Order to the Contract with Midland Industrial Services, LLC for additional services on the Noland Water Resource Recovery Facility Electrical Upgrade Project, in the amount of $1,920.44. A copy of the Change Order is attached to this Resolution and made a part hereof. PASSED and APPROVED on 1 1/2/2021 Page 1 Printed on 1113121 Resolution: 259-21 File Number: 2021-0730 Attest: GrIffl ��RKii.TR ... • G I T Y C �9iP': • FAYEr . Kara Paxton. City Clerk TreasureT, C���LL�:;u �: 11 0 10 � Page 2 Printed on 1113121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0730 Agenda Date: 11/2/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE A CHANGE ORDER TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $1,920.44 WHEREAS, on June 4, 2020, the City Council passed Resolution 160-20 to approve a contract with Midland Industrial Services, LLC for the construction of critical electrical upgrades at the Noland Water Resource Recovery Facility; and WHEREAS, Change Order No. 2 provides for increasing the size of the underground conduits, labor and additional services. 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 authorizes Mayor Jordan to sign a Change Order to the Contract with Midland Industrial Services, LLC for additional services on the Noland Water Resource Recovery Facility Electrical Upgrade Project, in the amount of $1,920.44. A copy of the Change Order is attached to this Resolution and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 111312021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0730 Legistar File ID 11/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/13/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order No. 2 to the contract with Midland Industrial Services, LLC in the amount of $1,920.44 for additional changes directed during construction as work change directives to the contractor on the Noland WRRF Electrical Improvements Project. Account Number 02032.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Water and Sewer Fund WWTP Building Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 3,680,902.00 $ 1,913,763.34 $ 1,767,138.66 $ 1,920.44 1,765,218.22 V20210527 Purchase Order Number: 2020-484 Previous Ordinance or Resolution # 160-20 Change Order Number: Original Contract Number: Comments: 2 2020-34 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 2, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: October 13, 2021 CITY COUNCIL MEMO SUBJECT: Reconciliation Change Order (Midland Industrial Services) for the Noland WRRF Electrical Upgrades RECOMMENDATION: Staff recommends approval of a change order with Midland Industrial Services, LLC in the amount of $1,920.44 for additional work change directives to the contractor. BACKGROUND: Resolution 160-20 approved a construction contract for electrical high -voltage replacements and upgrades at the Noland Water Resource Recovery Facility with Midland Industrial Services, LLC in the amount of $1,036,491.85. Construction began in Summer 2020. Change Order No. 1 was approved (Res. 273-20) in the amount of $349,814.99 to account for additional underground high voltage cabling and termination end points that had not been identified during the engineering design phase but were necessary for function and safety of the overall project. DISCUSSION: During construction, City Staff provided minor work change directives to the contractor to ensure the best end product would be delivered. These include increasing size of underground conduits from 3-in to 4-in to accommodate a neutral wire called out on the plans/specs. These portions of work had been identified as larger in the plant as-builts but upon exposure, needed to be upgraded to function with the overall design intent. More details can be seen in the contractor's narrative and the Engineer's cover letter. The cost increase for these items is $6,713.00. Furthermore, the contractor did not utilize a portion of their confined space bid allowance, for a savings of $4,792.56. Therefore, the net change order needed to reconcile all quantities is 1 920.44. BUDGET/STAFF IMPACT: Funds are available in the WWTP Building Improvements account. ATTACHMENTS: Engineer Recommendation Contractor Pricing Quote Change Order Worksheet Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 */dland 1dustrial Services Proposal AMCE For: Name: Brent Corwin Address: Noland WWTP Phone: Email: Brent.corwin&amce.com: cgranderson@fayetteville-ar.gov Proposal Proposal Lump Sum Information: Project Title: Change Orders Location: Fayetteville, AR Proposal Number: 21PE-132R1 Proposal Date: 07/20/2021 Midland Industrial Service is pleased to submit this Proposal/Agreement for the above referenced project. This proposal is good for 30 days. Should this proposal be acceptable, please sign, date and fax (or return) a copy to Midland Industrial Service at the above address. Thank you for this opportunity to be of service. DESCRIPTION OF WORK: Midland Industrial Service agrees to provide all labor, materials and equipment, unless otherwise noted to perform the following specific scope of work. Change Orders Scope of Work • The Ozone Building *We added a full size neutral from transformers to new MDP. This includes changing pipe sizes from 3" to 4" PVC as well as changing wire size from 2/0 to 500MCM and terminations at transformers. *The cost difference from the wire, pipe size, and terminations: $6,524.00 *Labor cost for installing increased pipe size, 500MCM, and extra terminations at transformers: $2,520.00 *TOTAL: $9,044.00 • The Blower Building *We added a full size neutral from transformer to new MDP. This includes changing pipe size from 3" to 4" PVC, Robroy, and ridged pipe as well as wire size from 3/0 to 500 MCM and terminations at transformers. *The cost difference from the wire, pipe size, and terminations: $9,785.00 *Labor cost for installing increased pipe size, 500MCM, and extra terminations at transformers: $2,520.00 *TOTAL: $12,305.00 • High Voltage Reconfiguration at SWGR 100 *Provide and Install (3) 600I Elbows in Vault, (6) 200I Elbows at Sta 100 and Sectionalizing Cabinet, (3) Module Splice in Vault 1, (3) 600 Amp Insulated Dust Cover @ Sta 101 */dland 1dustrial Services *Labor to Install: $5,360.00 *Material Cost: $4,140.00 *TOTAL: $9,500.00 • $30,849.00 Total -$9,500.00 HV Change Order -$5,040.00 Extra Labor -$5,096.00 Extra Concrete -$4,500.00 Wire $6,713.00 Total Cost - $6,713.00 EXCLUSIONS and CONDITIONS from the scope of work in this proposal are as follows: The owner is expected to provide the Midland Craftsmen a safe work environment by clearing away all unnecessary employees and other production activities from the work area. NOTICE TO PROCEED: Upon receipt of your written acceptance of this proposal either by purchase order referencing this proposal number or your approval below, up to 5 working days shall be required as lead time prior to the project start date. This notice excludes delays due to circumstances beyond the control of Midland Industrial Service, such as weather and access to work areas. AGREEMENT Contract Documents: this Agreement, together with the Proposal, shall constitute the Contract Documents and shall govern the rights of the parties hereto. In the event of any inconsistencies this Agreement shall control. Scope of the Work: shall be per the Contract Documents and shall constitute the "Work". Midland Industrial Service shall use its best care, skill and diligence in supervising and directing the Work; and have responsibility and control over the performance of the Work, including construction methods, techniques, manner, and sequences for coordinating and completing the various portions of the Work. Owner expressly warrants that any plans, drawings and specifications furnished by Owner are true, correct, and complete; and Midland Industrial Service is entitled to rely upon the adequacy, accuracy, and completeness of such documents. Midland Industrial Service will not be responsible for consequential damages of any type under any circumstances. Unless otherwise noted in the Proposal, Midland Industrial Service excludes performance and payment bonds; rock excavation; asbestos or any other hazardous material removal, disposal, or encapsulation; Service of licensed professionals such as attorneys, architects, or engineers; costs for after hour work, shift work, or weekend work. Important Notice to Owner: I understand that each person supplying material or fixtures is entitled to a lien against property if not paid in full for materials used to improve the property even though the full contract price may have been paid to the contractor. I realize that this lien can be enforced by the sale of the property if necessary. I am also aware that payment may be withheld to the contractor in the amount of the cost of any materials or labor not paid for. I know that it is advisable to, and I may, require the contractor to furnish to me a true and correct full list of all suppliers under the contract, and I may check with them to determine if all materials furnished for the property have been paid for. I may also require the contractor to present lien waivers by all suppliers, stating that they have been paid in full for supplies provided under the contract, before I pay the contractor in full. If a supplier has not been paid, I may pay the supplier and contractor with a check made payable to them jointly. Payment Terms: Owner agrees to pay Midland Industrial Service for the performance of the Work, subject to modification by written change orders signed by both parties. Payment for this proposal shall be based on monthly progress invoices, no retainage withheld, submitted by Midland Industrial Service with payments due in full no later than 30 days from the invoice date. Payments due and unpaid invoices shall bear interest at 10% per annum rate. Final payment shall be due when the Work is completed and final invoice is submitted. Insurance: Midland Industrial Services shall maintain insurance for Workers' Compensation, Employer's Liability, Comprehensive Automobile Liability, Comprehensive or Commercial General Liability on an occurrence basis. Government Funded Work: "Client acknowledges that it is the responsibility of the Client to notify Midland if this project is funded by federal or state funding prior to Midland pricing the project and beginning work. In the event Client fails to so notify Midland, Client shall indemnify and hold harmless Midland from any costs, fees, expenses, or damages brought by any governmental agency or third party for failure to comply with any law or regulation governing the terms and conditions of the work." Termination: Owner and Midland Industrial Service may terminate this Agreement only in the event of a material breach and only after providing written notice by letter delivered to the address stated herein and only after more than ten days has elapsed after such written notice without attempts to cure the default. APBland Industrial Services Governing Law: This Agreement shall be governed by law, and construed in accordance with, the laws of the State of Arkansas without regard to its conflict of laws provisions. Any disputes resulting in litigation between the Parties shall be conducted exclusively in the State of Arkansas Circuit Court for Washing County. The Parties irrevocably waive any objection which any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions, including any objection to the laying of venue based on the grounds of forum non conveniens and any objection based on the grounds of lack of in personam jurisdiction. Exclusion of Warranties: MIDLAND INDUSTRIAL SERVICES MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE IMPLIED WARRENTIES Of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Miscellaneous: this Agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable. All covenants of the Agreement shall be subject to all federal and state laws, executive orders, rules, or regulations, and this Agreement shall not be terminated, in whole or in part, nor the parties held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of any such law, order, rule, or regulation or acts of God. All implied covenants are waived. This Agreement is intended to be the final expression of the parties, and there are no other written or oral agreements relating to the subject thereof. This Agreement may only be amended by a further written agreement signed by both parties. This Proposal/Agreement, when signed by both parties, constitutes the entire agreement and contract between the parties for the performance of the Work described in this Proposal. Faxes of signed Proposal/Agreements are acceptable. Respectfully Submitted: Midland Industrial Services, LLC Accepted by Owne S ignatur Tid Acceptance Dab Purchase Order Number: ALLGEIER, MARTIN and ASSOCIATES, INC. Consulting Engineers July 27, 2021 Mr. Corey Granderson, P.E. Utilities Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Re: Noland WWT P Change Order #2 Dear Mr. Granderson: Midland Industrial Services made some changes to several areas nearing completion of the project. These are listed in their proposal for a change order. Their proposal indicates cost and then a reduction in cost due to discussions with them. Midland had to increase the size of several locations of underground conductor from 3" to 4" to accommodate a neutral called out by the plans and specifications. Midland installed copper wire as called out in the plans and specifications. The actual size of some conduit and wire was smaller than stated in the plans based upon original documents for the facility. Bullet point three has been removed from the proposal. We have had several discussions with Midland and have agreed upon a change order cost of $6,713.00. If this is acceptable to the city, we would like to proceed with the change order for this project. Sincerely, ALLGEIER, MARTIN and ASSOCIATES, INC. A. Brent Corwin, P.E. Electrical Project Manager ABC Enclosures cc: Tim Nyander Enclosures _ �Y y",I�t2 t7�� 7231 East 241h Street Jap!in, Mismuri C548Z4 417.68A.7200 rITY OF FAYETTEV iLLE ARKANSAS Change Order No. To Contractor: Midland industrial Sen'ices, Llk The Contract is chanted as follows: CHANGE ORDER Contract Title: Bid 20-30, Construction, Noland W WTI' Electrical Upgrades Date of Issuance: August 4, 2021 OR D r NANC UR F. S01.11T I f l N: 160-20 Effective: June 4. 2020 Bid Bid Previous Unit Contract Revised Rol ise[i Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost 41-1 Backup Generators 1 L5 $ 53.724.00 1 $ 53.724.00 $ 53.724.00 $ 53.724.011 #1-2 All remaining € 5kV equipment for Functional system 1 1,S $ 15.072.00 1 $ I5.072.00 $ 15.072.00 $ 15.072.00 41-3 Labor & Material to install Metal Building at Aeration Basin I LS $ 10.372.00 1 $ 10.372.00 $ 10.372.00 $ 10.372.00 41-4 Matcria10n1y 480-volt switchgear I LS $ 324.860.00 1 $ 324.860.00 $ 324.860.00 $ 324,860.00 41-5 AII480-volt equipment - LABOR I I.S $ 175.000.00 1 $ 173-000.00 $ 175.000.00 $ 175,000.00 # 1-6 All 480-volt equipment - MATERIALS I LS $ 1 39.255,00 1 $ 139.255.00 $ 139.255.00 $ 139,255.00 01-7 Mobilization I L.S $ 47.598.40 1 $ 47.598.40 $ 47.598.40 $ 47.598.40 # I-8 Bonding &- Insurance I LS $ 17.500.00 1 S 17,500.00 $ 17.5G0.00 $ 17.500.00 42-1 INSTALL 4/0 URD-Al. 15kV CONDt?CTOR 5355 LF $ 4.80 5355 $ 4.80 $ 25.704.00 $ 25,704.00 92-2 15-UG17-1500 4 EA $ 5.337.00 4 $ 5357.00 S 21.428.00 $ 21.428.00 42-3 15-UG I7-750 2 EA $ 5.357.00 2 $ 5.357.00 S; 10,714.00 $ 10,714.00 92-4 15-UG17-500 4 EA $ 5,357.00 4 $ 5,357.00 $ 21.428.00 $ 21.428.00 #2-5 PAD WORK tLabor and material) 8 EA $ 4,263.00 8 $ 4.263.00 $ 34.I U4.00 $ 34.104.00 92-6 UC I 1 EA $ - 1 $ _ $ _ S W2-7 15-UM33A 1 EA $ 8.995.00 1 $ 8.995.00 $ 8.995.00 $ 8.995.00 42-8 UM48-2 13 EA $ 442.00 13 S 442.00 $ 5.746.00 $ 5,746.00 02-9 VISTA-413 1 I A $ 17.930,00 f $ 17,930.00 $ 17.930.00 $ 17.930.00 42-10 VISTA-624 1 EA $ 20129.00 1 F 20.229.00 S 20 229.00 $ 20.229.00 42-1 1 4" CONDUIT 95 FT $ 27.00 95 $ 27.00 $ 2,565.00 $ 2.565.00 k2-12 REMOVE 94 AWG 1445 LF S; 3.01 1445 $ 3.01 $ 4.349.45 $ 4.349A5 #2-13 REMOVE 1/0 AWG 1.1+tl LF $ 3.00 130 S 3.00 1 $ 390.00 $ 390.00 Page 1 of 3 42-14 REMOVE 4M LIRD-AL 15kV CONDUCTOR 5370 1 1 $ 4.00 5370 $ 4.00 $ 21.480.00 S 21.480.00 42-15 REMOVE UG17-1500 Ct 1]A $ 4.533.00 6 $ 4.533.00 $ 27.198.00 $ 27.199.00 �2-16 REMOVE UG 17-500 4 EA S 4,725.00 4 $ 4,725.00 $ 18.9000) $ 18.900.00 17 REMOVE UCI 1 EA S - 1 S - $ - $ 42-18 REMOVE. UM3E-3 2 1:A $ 4.725.00 2 $ 4.725,00 $ 9,450.00 $ 9.450.00 42-19 REMOVE 1.1M48-2 1 LA $ 2.500.00 1 $ 2.500.00 S 2.500.00 $ 2.500.00 Demo, provide. and install (170' x 3) 510' Med, CO1.1 Voltage Cable: Switchgm 100 to new vault in front 1 LS $ 12.936.88 1 5 12.936.89 $ 12.936.88 $ 12,936.88 of headwork,; COI.2 1 erminations: Switchgear 100 to new vault in front I LS $ 19,369.32 of head►vorks 1 5 19.369.32 $ 19.369.32 $ 19,3fi9.3 2 Confined Space: S►►itchgear 100 to new vault in CO1.3 Front of headworks I 1.S 15.689.75 1 S 15AK75 $ 15.6K75 $ 15,689.75 Demo. provide. and install (500' x 3) 1500- Mcd. COI A Voltagc Cable, New vault in front of headworks to i S 12,781.25 1 S 12.781.25 $ 12,781 25 $ 12,781.25 switch ear 102 C'OI 5 Terminations, New vault in front of'head►vorks to switch ear 102 18,208.72 1 5 18.208.72 $ 18208.72 $ 18.208.72 Con tined Space: NewvauII in front oFheadworks to C01.6 switch ear 102 1 € 1fi,935.62 1 5 12,143.06 $ 16.935.62 $ 12.14.3,06 Demo, provide, and install (425' x 3 x 2) 2550' CO1.7 Med. Voltage Cable: Switchgear 102 to Blower 1 LS $ 44.694.38 € S 44.684.38 $ 44.684.38 $ 44.684.38 Wk. Transformers Terminations; Switchgear 102 to Blower Bldg. COLS Transformers 1 1.5 $ 16,21 [LO[} 1 S 16.210.00 $ l b.21 U.[)[1 $ 16,210.00 Confined Space: Switchgear 102 to Blower Bldg. COI 9 Transformers 1 l S $ 14..093.75 1 5 14.093.75 $ 14,093.75 $ 14.093.75 De rno, provide, and install (45' x 3) 135' Med. CO1.10 Voltage Cable. S►vitchgear 102 to Old Ops Bldg. I Ls $ T 100.19 1 5 7.100.19 $ 7,100.19 $ 7,100.19 i'ransformer Terminations: Switchgear 102 to Old Ops Bldg. Col.11 Transformer 1 LS $ 16.21 i1.00 1 S 16.2.10.00 $ 16,210.00 $ 16.210.00 Demo. provide. and install (250' x 3 x 2) 1500' C O1.12 Med. Voltage Cable, Conduit, cut outs at pole: I 15 $ 28.343.75 1 $ 28,343.75 $ 28.343.75 $ 28.343.75 r117uent l'urnp Station Transformer 7'crminationsfresting: switchgear 102 to Old Ups CO1.I3 Bldg. Transformer I 1 ti $ 16,599.11 1 $ 16.598.11 $ 16,598.1 1 w 16,598.11 Demo. provide. and instal (150' x 3 x 2) 900' CY11.14 Med. Voltage Cable: I'M1119 S►vitchgear (c_i? I LS $ 19MO6.25 1 $ 19.006.25 $ 19,006.25 $ 19,006.25 Aeration to Ozone Bldg. Page 2 of 3 COI-15 1 erminations/Teiting: PM1119 Switchgear u I LS S 15,898.40 1 $ 15.898.40 S 15.898.40 S 15.898.40 Aeration to Ozone Bldg. Demo. provide, and install (6O' x 3 x 2) 360' Med. CO1.16 Voltage Cable: PMH19 Switchgear to Aeration I LS S 10.602.50 1 S 10.602.50 S 10,602.50 $ 10,602.50 Bld ., i ransfurmers C01.17 I eiminationsffesting: PMil 19 Switchgear to I L5 $ 16.396.14 I $ 16,396.14 S 16,396.14 $ I6,396.14 Aeration Bldg. I ruisfurmers Co 1. 18 Netr Enclosures at %ista sc-,itches and effluent I LS S 5,435.15 I $ 5.435.25 $ 5.435.25 S 5.435.25 pump station. Building size and concrete pad increased at aeration I S 5.0%.00 $ 5.096.00 5M96.00 COI 19 basin LS 5.096.00 1 S S C01.20 Additional concrete work at influent pump station I LS $ 8.963.58 I $ 8.%3.58 S 8,963.58 $ 8.%3.58 CO1.21 Additional concrete work at old ups building. I LS S 12,758.45 1 S 12.758.45 S 12.758.45 $ 12.758.45 C01.22 Additional concrete work at effluent pump station. I LS S 12.968.23 1 S 12.968.23 $ 12.968.23 S 12,968.23 C01.23 Relocate 480/120 transformer at ozone building. I LS S 3.528.47 1 $ 3,528.47 S 3,528.47 $ 3.528.47 Work Change Directives in Field at Ozone CO2.1 Building, Blower Building, and High Voltage 0 LS S - I S 6.713.00 $ S 6.713.00 Reconfirmation (breakdown attached Summation of Cost S 1,386,306.84 S 1.388.227.28 Net Cost for this Change Order $1,920.44 The original Contract Price was $ 1,036,491.85 Net change by previously authorized change orders $ 349,814.99 The Contract Price prior to this Change Order was S 1,386,306.84 The Contract Price will [increase by ] $ 1,920.44 The new Contract Price including this Change Order will be _ _ _ ____ S 1,388,227.29 The Contract Time(s) will [increased by T _ -��-- _ 60 + calendar JaN s Required dates of Compledon as of the date of this Change Order therefore am:^ Substantial Completion 3/281202/ Final Completion 4/27/2021 NOTE This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Midlan trial Services, LLC CITVI BY DATE BY Page 3 of 3 tinge Directives not incorporated in this or previous Change Orders FAYE7'F n.I.E DATE