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HomeMy WebLinkAbout230-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 230-22 File Number: 2022-0870 BID #22-43 LEGACY CONSTRUCTION MANAGEMENT, INC.: A RESOLUTION TO AWARD BID #22-43 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $279,684.69 FOR IMPROVEMENTS TO THE RECYCLING AND TRASH COLLECTIONS TRANSFER STATION FLOOR, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 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 awards Bid #22-43 and authorizes Mayor Jordan to sign a contract with Legacy Construction Management, Inc., a copy of which is attached to this Resolution, in the amount of $279,684.69 for improvements to the Recycling and Trash Collections Transfer Station Floor, and further approves a project contingency in the amount of $50,000.00. PASSED and APPROVED on 10/4/2022 Attest: Y&Ik— Kara Paxton, City Clerk Treasurer �yY I t Re, �►y, Pagel �Prigte{�ho� I t . r G� 1 �T . ■ i City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0870 Agenda Date: 10/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.13 BID #22-43 LEGACY CONSTRUCTION MANAGEMENT, INC.: A RESOLUTION TO AWARD BID #22-43 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $279,684.69 FOR IMPROVEMENTS TO THE RECYCLING AND TRASH COLLECTIONS TRANSFER STATION FLOOR, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 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 awards Bid #22-43 and authorizes Mayor Jordan to sign a contract with Legacy Construction Management, Inc., a copy of which is attached to this Resolution, in the amount of $279,684.69 for improvements to the Recycling and Trash Collections Transfer Station Floor, and further approves a project contingency in the amount of $50,000.00. City of Fayetteville, Arkansas Page 1 Printed on 101512022 City of Fayetteville Staff Review Form 2022-0870 Legistar File ID 10/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Quin Thompson 9/13/2022 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Resolution to award Bid 22-43 and to authorize a contract with Legacy Construction Management, Inc. in the amount of $279,684.69 for improvements to the Recycling and Trash Collections Transfer Station floor and to approve a contract contingency in the amount of $50,000. 5500.750.5080-5816.00 Account Number 18016.2101 Budget Impact: Recycling and Trash Collections Fund RTC Master Plan Expansion: RTC Facility Impr Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 1,239,698.00 $ 190,901.68 1,048,796.32 $ 279,684.69 769.111.63 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: V20210527 _CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 4, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Wade Abernathy, Bond Projects and Construction Manager FROM: Quin Thompson, Facilities Maintenance Manager DATE: September 13, 2022 SUBJECT: Resolution to award Bid 22-43 and to authorize a contract with Legacy Construction Management, Inc. for improvements to the Recycling and Trash Collections Transfer Station floor and to approve a contract contingency. RECOMMENDATION: Staff recommends approval of a Resolution to award Bid 22-43 and to authorize a contract with Legacy Construction Management, Inc. in the amount of $279,684.69 for improvements to the Recycling and Trash Collections Transfer Station floor and to approve a contract contingency in the amount of $50,000. BACKGROUND: The transfer floor is designed with multiple layers, the uppermost of which is considered a wearing surface with a limited service life. The surface was replaced in 2008, and again in 2013. DISCUSSION: The project was advertised and bid through the Purchasing Division. Legacy Construction Management, Inc. was the low bid. BUDGET/STAFF IMPACT: This project will be paid for with budgeted funds in the Recycling and Trash Collections fund. Attachments: Staff Review Form City Council Memo Bid Tabulation Construction Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF WOM FAYETTEVILLE ARKANSAS BID TABULATION Bid 22-43, Construction - Transfer Station Floor Replacement DEADLINE: Thursday, August 18, 2022 at 2:00 PM Certification of Funds: $600,000.00 Legacy Construction Verzani Construction Steve Beam Construction Milestone Construction Management, Inc LLC. Inc. Company, LLC $279,684.69 $283,520.00 $310,380.00 $548,440.50 Total Line Description UOM CITY Unit Extended Unit Extended Unit Extended Unit Extended 1 Bonds and Insurance LS 1 $5,677.09 $5,677.09 $9,300.00 $9,300.00 $5,800.00 $5,800.00 $20,785.00 $20,785.00 2 Trench and Excavation Safety LS 1 $1.00 $1.00 $2,500.00 $2,500.00 $12,400.00 $12,400.00 $5,000.00 $5,000.00 3 Mobilization - Shall Not Exceed 5 % of Total Base Bid LS 1 $10,400.00 $10,400.00 $12,500.00 $12,500.00 $15,300.00 $15,300.00 $19,741.00 $19,741.00 4 Removal of the Existing Transfer Station Concrete Wearing Surface SY 416 $97.50 $40,560.00 $95.00 $39,520.00 $60.00 $24,960.00 $100.52 $41,816.32 5 Removal of the Existing Transfer Station Concrete Subfloor SY 32 $25.00 $800.00 $95.00 $3,040.00 $130.00 $4,160.00 $1,345.31 $43,049.92 6 Removal of the Existing Concrete Up Edge SY 50 $118.40 $5,920.00 $95.00 $4,750.00 $320.00 $16,000.00 $492.00 $24,600.00 7 Removal of the Existing Subgrade Material CY 40 $240.00 $9,600.00 $45.00 $1,800.00 $60.00 $2,400.00 $577.87 $23,114.80 8 Install t'-0" Class 7 Aggregate Base Course CY 30 $160.00 $4,800.00 $60.00 $1,800.00 $150.00 $4,500.00 $543.23 $16,296.90 9 Install 6" Coarse Drain Fill CY 15 $960.00 $14,400.00 $67.00 $1,005.00 $110.00 $1,650.00 $543.20 $8,148.00 10 Subgrade Preparation CY 15 $960.00 $141400.00 $67.00 %I,Uub.00 $220.00 $3,300.00 $1,689.20 $25,338.00 11 Install 7" Thick Reinforced Concrete Subfloor SY 32 $180.00 $5,760.00 $375.00 $12,000.00 $410.00 $13,120.00 $1,672.03 $53,504.96 12 Install 5-1/2" Thick Concrete Wearing Surface CY 65 $1,104.00 $71,760.00 $1,170.00 $76,050.00 $870.00 $56,550.00 $1,667.12 $108,362.80 13 Install 1' 8-1/2" Thick Reinforced Concrete Slab CY 30 $640.00 $19,200.00 $1,200.00 $36,000.00 $1,500.00 $45,000.00 $1,025.00 $30,750.00 14 Install Steel Cantilever Edge LB 12,100 $6.05 $73,205.00 $6.50 $78,650.00 $8.40 $101,640.00 $10.16 $122,936.00 15 lInstall Control Joint Sealant LF 1 480 1 $6.67 $3,201.60 $7.50 $3,600.00 $7.50 $3,600.00 $10.41 $4,996.80 NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. Amanda pe1lfuSSDigitallysigned byAmanda Beilfuss D Date: 2022.08.29 15:06:15-05'00' Digitally signed by Andrea Foren Andrea F o re n Date: 2022.09.12 11:01:08-05'00' -- roren, Purchasing Manager City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement Contract No.: 22-43, Construction THIS AGREEMENT is dated as of the � day of in the yeAr 20Zhy and between The City of Fayetteville, Arkansas and i!jG�'.� �-Sr!rc,.-+�' 00 (1h1er_einafter called Contractor). cI r ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes, but is not limited to: A. Removal and replacement of the existing reinforced concrete Transfer Station Floor Slab, and installation of a fabricated steel cantilever edge. 1.02 The Contractor agrees to perform the work described in the Contract Documents and comply with the teTTns therein for the amounts shown in the Bid Proposal. Refer to Section 00400- Bid Form for quantifies, 1.03 Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.04 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. 1.05 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of- way, railroad right-of-way and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by Hawkins -Weir Engineers, Inc. Hawkins - Weir Engineers, Inc. assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. 2.02 The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville as Owner in connection with completion of the Work in accordance with the Contract Documents. 00500-Agreement 00500-1 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work shall be substantially completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment within 30 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. 00500-Agreement 00500-2 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.03 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. 1. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements, 00500-Agreement 00500-3 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. 00500-Agreement 00500-4 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) B. Contractor has visited the Site(s) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the 00500-Agreement 00500-5 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in this Agreement and in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. a. The Performance and Payment Bond shall be one hundred percent (100%). b. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. 00500-Agreement 00500-6 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the Table of Contents thereof (Drawings), with each sheet bearing the following general title: Fayetteville Transfer Station Improvements — Transfer Station Floor Slab Replacement 8. Addenda numbers J - inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a parry hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500-Agreement 00500-7 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor 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 costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. 00500-Agreement 00500-8 July 2022 City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR {continued) This Agreement will be effective on 20124 rich is the Effective Date of the Agreement. CONTRACTOR: By: S`T2v�G �rC (Type or legibly print) CITY OF FAYETTEVILLE By: Lioneld Jordan legibly pri (Signature) (Signature) 61 Title: I�'��.�n Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and cxccution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) f� (SEAL) Attest Attest eiLK� FAYE i f EVILLE ; 00500-Agreement 00500-9 ■���iS',�']►Ri,i`,' City of Fayetteville, Arkansas Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Address for giving notices / Address for giving notices 313f GVjl l ddIG -� J�-c -e- � 91l/,_� 113 W. Mountain St. K�te, -';�? 70 Ll Fayetteville, AR 72701 License No. 02 7193 q © 5-2 3 Agent for Service of process S+'�J"_ C�l1,-e- �- (Type or legibly print) (Signature) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved as to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF SECTION 00500 00500-Agreement 00500-10 July 2022 91212021 Arkansas Secretary of State Search incorTporatlorls. G ld3 c `t's s. 'amvs and JSUFa:""e F2?I3a C"— Notice: ; RiS :s i-zly=ji;i,i Err =nas unt a cenfrra 3; << �8an rsC_ a name ave �bte ,'nr iniva: 3m'g J_. .. L'. L. rjl �t �'� ? r='rtir:Il;n•3 na, ..ce 'd LLG Member infMaMn is W CCnfidenfiei per Act 865 of 2007 Use your browsees; back button to return to the Search Results Begin New Search For service of Process Contact the Corporation Name LEGACY CONSTRUCTION MANAGEMENT, INC. Fictitious flames Filing # 811123269 Fling Type For Profit Corporation Fled under Act Dom Bus Corp; 958 of 1987 Status Good Standing Prsn6pal Address Reg_ Agent STEVE COLLI;=R Agent Address 3733 WILDCAT CREEK BLVD FAYEiTEVILLE, AR 72704 Bate Filed 01120/20/7 Officers STEVE K COLLIER, IncorporatorlOrganizer KENNE774 C KINCADE , Tax Preparer STEVEN COLLIER. President Foreign Name NIA Foreign Address State of Origin WA Purchase a Certliicaie of Good Re Frae�c Ta {crr tfzi= s Standing for ibis Entity hUPsllwwwsos.arkansas.govlcorpslsearch cOrgs.pfrp?t7ETAIt_=472994&corp type id=&core name=Legacy+Ccnstructian+IVtanagsment%2C+Ine.&_.. III T w�#�-# nx-Ry Mark Martin ARKANSAS SECRETARY OF STATE To All to Wham These Presents Shall Come, Greetings: 1, Mark Martin, Arkansas Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Incorporation Of LEGACY CONSTRUCTION MANAGEMENT, INC. filed in this office January 26, 2017 In Testimony Whereof, 1 have hereunto set my hand and affixed my official Seal_ Done at my office in the City of Little Rock, this 26th day of January 2017. 76� Mark Martin Secretary of State Online Certificate Authorization Code: 100869588a77922c5a5 To verify the Authorization Code, visit sos.arkansas.gov Wade Abernathy Submitted By Legacy Construction Management, Inc Contract Change Order No. 1 City of Fayetteville Staff Review Form N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/29/2023 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Reconcile Change Order #1 to Bid 22-34 Contract with Legacy Construciton Management, Inc. for a net credit of $16, 704.01. 5500.750.5080-5816.00 Account Number 18016.2101 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Recycling and Trash Collections Fund RTC Facility Improvements Project Title Total Amended Budget $ 1,733,756.00 Expenses (Actual+Encum) $ 376,884.98 Available Budget $ 1,356,871.02 Item Cost $ (16,704.01) Budget Adjustment $ Remaining Budget $ 1,373 _ r ^' V20221130 Purchase Order Number: 2022-781 Previous Ordinance or Resolution # 230-22 Change Order Number: 1 Approval Date: 03/30/2023 Original Contract Number: 2022-052 Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Paul Becker, Chief Financial Officer FROM: Wade Abernathy, Bond Construction Project Director DATE: 3/39/2023 STAFF MEMO SUBJECT: Reconcile Change Order to Bid 22-43 Contract for the Transfer Floor Slab Replacement RECOMMENDATION: Approval of reconcile change order to Bid 22-43 Contract with Legacy Construction Management, Inc. in the credit amount of $16,704.01. BACKGROUND: In October 2022, Resolution 230-22 authorized a contract with Legacy to remove and replace the transfer floor slab, and remove and replace the steel cantilever loading chutes. DISCUSSION: This is a reconcile change order that includes adds for additional vapor barrier under the slab, and reroute of electrical found below the slab. The credits include less subgrade preparation, existing subfloor in good condition, and a less cubic yardage of thickened slab. The net credit is $16,704.01. BUDGET/STAFF IMPACT: N/A Attachments: Reconcile CO 1. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RECONCILIATION CHANGE ORDER OWNER'S PROJECT NO: 2243 ENGINEER'S PROJECT NO.: 2021061 NAME OF PROJECT: Fayetteville Transfer Station improvements Transfer Station Floor Slab Replacement OWNER: City of Fayetteville, Arkansas CONTRACTOR: Legacy Construction Management, Inc. CHANGE ORDER NO.: One (1) DATE: 20-Mar-23 CONTRACT DATE: 04-Oct-22 NOTICE TO PROCEED: 16-Jan-23 THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: The following items are added to the Project: Item No. Quantity Unit Amount Description 14. Install Steel Cantilever Edge and Unit 400 LBS Price $6.05 of Change 16.` Addition of 15 mil plastic to supplement the 30- 1 LS $3,385.50 $2,420.00 $3,385.50 pound bond breaker 17.' Re-route concealed electrical feed to the Recycling 1 LS $10,778.10 $10,778A0 Processing Facility SUB -TOTAL CHANGE ORDER NO. 1 . Indicates an item that was not included on the original Bid Form ADD $16,583.60 The following items are deleted from the Project: Item Quantity Unit Amount No. Description and Unit Price of Change 5. Remove the Existing Transfer Station Concrete 32 SY $25.00 ($800.00) Floor 10. Subgrade Preparation 15 CY $960.00 ($14,400.00) 11. Install 7" Thick Reinforced Concrete Subfloor 32 SY $180.00 ($5,760.00) 12. Install 5 1/2" Thick Concrete Wearing Surface 2.5 CY $1,104.00 ($2,760.00) 13. Install 1' 8 1/2" Thick Reinforced Concrete Slab 12 CY $640.00 ($7,680.00) 15. Install Control Joint Sealant 283 LF $6.67 ($1 887 61) SUB -TOTAL CHANGE ORDER NO. 1 DELETE ($33,287.61) TOTAL CHANGE ORDER NO. DELETE ($16,704.01) JUSTIFICATION: This change order will address three (3) modifications to the Construction Contract. The first modification is the addition of a 15-mil plastic barrier to supplement the felt bond breaker between the concrete wearing surface and the structural concrete sub -floor. During demolition of the existing concrete wearing surface, a 15-mil plastic barrier was discovered installed along with the felt bond breaker as part of the previous replacement of the concrete wearing surface. Based on the performance of the combined plastic barrier and felt bond breaker during the demolition of the concrete wearing surface, it was determined that a similar design should be incorporated in the current project to facilitate a future replacement of the concrete wearing surface. A copy of the Contractor's Proposal and the Engineer's Recommendation Letter is enclosed. The second modification to the Construction Contract is the relocation of the electrical feed to the Recycling Processing Facility sub -panel. While removing the 1' 8-1/2" thick reinforced concrete slab and cantilever edge, the electrical feed that supplies power to the subpanel in the Recycling Processing Facility was discovered embedded within the structural concrete. To facilitate the replacement of the structural concrete and eliminate the potential for future conflicts should another replacement of the reinforced concrete slab and cantilever edge be required, the electrical feed was relocated at the Citys direction and routed along the walls and roof of the Transfer Station. A copy of the Contractor's Proposal is enclosed. The third modification is to reconcile any over -runs and/or undor runs aaaociated with unit quantity Items. 20210611Reconciliabon Change Order No.l.xlsx PAGE 1 OF 7 RECONCILIATION CHANGE ORDER CHANGE ORDER NO.: CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INGREASED) (DECREASED) BY THE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE CHANGE TO CONTRACT TIME: DATE: CONTRACT DATE: One (1) 20-Mar-23 04-Oct-22 $279,684.69 $279,684.69 ($16,704.01) $262,980.68 THE CONTRACT TIME DUE TO THIS CHANGE ORDER WILL BE (INGRS49EU) (gESREASEg) BY Q CALENDAR DAYS THE CONTRACT PERIOD INCLUDING THIS CHANGE ORDER SHALL BE QQ CALENDAR DAYS APPROVALS: RECOMMENDED EN INS -WEIR ENGINEERS, INC. �t By Date d �2'23 ACCEPTED BY CONTRACTOR: LEGACY CONSTRUCTION MANAGEMENT, INC. By Date 3 ' 24 -- 20 3 APPROVED BY By 20210611Reconciliation Change Order No,l .Asx PAGE 2 OF 7 i Date -a3130/ 2 HAWKINS,bWEIR ENGI N E E R S, I N C. l` Engineering Client Success January 26, 2023 Mr. Peter Nierengarten, P.E. Environmental Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement Change Order No. 1 Proposal HW Project No. 2021061 Dear Mr. Nierengarten: Please find enclosed for your review and consideration, a proposal from the Contractor, Legacy Construction Management, Inc., to add a 15-mil plastic barrier to supplement the 30-pound roofing felt bond breaker identified in the Plans. This proposal was requested based on the discovery during the demolition of the existing wearing surface that a 15-mil plastic barrier had been incorporated into the previous wearing surface replacement project as a supplement to the felt bond breaker. This combination performed well during the demolition of the existing wearing surface and we recommend that the City consider adding a 15-mil plastic barrier into the design of the current project. We have reviewed the enclosed proposal to add the 15-mil plastic barrier to the project and recommend that the City proceed with this work based on the proposed price of $3,385.50. Should the proposal be accepted by the City, the total Contract Price would increase from $279,684.69 to $283,070.19. There is no change in Contract Time associated with this proposal. Based on our discussion with the City's Director of Bond Projects and Facilities, we understand that should the City decide to proceed with this work, the City will authorize the Contractor to proceed and address the change in Contract Price using a Reconciliation Change Order at the end of the project. Please let us know if you have any questions or concerns regarding the proposal or our recommendation. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Joshua S. Durham, P.E. JSD/Ihc Enclosures: Change Order No. 1 Proposal Change Order No. 1 Exhibit A Cc: Mr. Wade Abernathy, Director of Bond Projects and Facilities, City of Fayetteville Mr. Richard Frenzel, Project Manager, Legacy Construction Management, Inc. 110 So. 7th Street • P.O. Box 648 • Van Buren, AR 72957 • Ph: (479) 474-1227 • Fax: (479) 474-8531 211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846 438 East Millsap Road • Suite 200 • Fayetteville, AR 72703 • Ph: (479) 455-2206 403 Garrison Avenue • Suite 101 • Fort Smith, AR 72901 • Ph: (479) 242-4685 2021061 \PN012623JD.docx www.hawkins-weir. corn AIA Document G701 - 2017 Change Order PROJECT: (Name and address) Fayetteville Transfer Station Improvements Transfer Station Floor Slab Replacement OWNER: (Name and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT INFORMATION: Contract For: General Construction Date: 10/4/22 ARCHITECT: (Name and address) Hawkins -Weir Engineers, Inc. 403 Garrison Avenue, Suite 101 Fort Smith, AR 72901 CHANGE ORDER INFORMATION: Change Order Number: 001 Date: 1 /24/23 CONTRACTOR: (Name and address) Legacy Construction Management, Inc. 3733 Wildcat Creek Blvd, Fayetteville AR, 72704 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) Addition of 15 MIL plastic on top of a 30 pound bond breaker. The original Contract Sum was $ 279,684.69 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 279,684.69 The Contract Sum will be increased by this Change Order in the amount of $ 3,385.50 The new Contract Sum including this Change Order will be $ 283,070.19 The Contract Time will be unchanged 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. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Hawkins -Weir Engineers, Inc. ARCHITECT (Firm name) SIGNATURE PRINTED NAME AND TITLE DATE Legacy Construction 14mWernent,Inc. C 0? 7TOR (F'rm e SONATURE Matthew S14all, V/P, Operations PRINTED'NAME AND TITLE DATE City of Fayetteville OWNER (Firm name) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G701- - 201 7. Copyright ©1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14:42:17 ET on 01/24/2023 under Order No.2114310196 which expires on 04/1112023, 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: (3139ADME) META: &!!(DING CQLLAW 1 /'AA L PUSH METAL PUSri� / WALL 7rAte CMM WAu -J n OWL, e Nuu. EXPANSION JOINT AND SEALANT ALONG PERIMETER OF TRANSFER STATION SLAB (IYP) 72DT,OD't ®AYO AND IRS M!L PING LASTIC W BR EAKER SEn*ZV CONCREW SUBROOR AAO NEARING SURFACE EXPANSION JOINT AND SEALANT ALONG PERIMETER OF TRANSFER STATION SLAB (7YP) ti 0 V D ti Q x0 CONCRETE 130 ROOFING FELT BOND BREAKER _'NG SURFACE AND 15 MIL PLASTIC BARRIER BETNEEN CONCRETE SUBFLOOR AND MATCH EXISTING 70'-10"t NEARING SURFACE SLAB ELEVATION L-e (TIP) 10• r :y SECTION 2 5-Yi CONCRETE 15 BARS O B" O.C., 15 BEN BARS O B" 0 EACH WAY TRANSVERSE NEARING SURFACE CONSTRUCTION r�•_0•f JOINT 6•_0" STEEL CANTILEVER MATCH EXISTING �� g / ��) ELEVATION 5-Yj YtENGRFI10J.50't 6' M(N. EMBED h^ Q/5 STRAIGHT DONEL OO IL 2-6" BARS, BARS, J•-0" IN I �— - 15 BENr BARS O B" O. �, LENGTH, O 12' DC - i 7RANSVERSE To" - I" CLEAR 6" COARSE 15 L-SHAPED OONEL BARS 2-6" DRAIN FILL J'-0" O B" O.C., DOMIED INTO EXISTING CONCRETE WALL N INSTALL A MINIMUM i'-0" OF CLASS 7 BELOW AGGREGATE BASE COURSE (REFER TO EXCAVATION AND BACKFILL NOTES) FOUR (!) /5 BARS, LONGITUDINAL. !N BOTTOM n t OF THICKENED FOOTING Z COMPACT 5UBCRADE TO IOOX STANDARD Q DENSITY (REFER TO EXCAVATION AND i BACKFILL NOTES) Lift Ny; SECTION 3 Z � O'l7iWAG"TG--- .r r•'. n A LI PROF QAV .16397 4 0' z y/V�,A,�`�S���. � 1�� FAYETTEVILLE TRANSFER STATION IMPROVEMENTS fWHAwKINS6WEIR ENGI N E E R S, i N C. TRANSFER STATION FLOOR SLAB REPLACEMENT o FAYETTEVILLE, ARKANSAS Van Buren Fort Smith Fayetteville Little Rock 11 (479)474-1227 (a7s)Ya2-4sas 1 (479)455-2206 1 (501)37"846 REF. SHEET NO. I CHANGE ORDER NO. EXHIBIT DATE- 011261202J N www.hawkins-weir.com 6 1 A JOB: 2021061 — 2017 Document G701 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Fayetteville Transfer Station Contract For: General Construction Change Order Number: 002 Improvements Transfer Station Floor Slab Replacement Date: l 0/4/22 Date: 2/2/23 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Fayetteville Hawkins -Weir Engineers, Inc. Legacy Construction Management, Inc. 113 W. Mountain Street 403 Garrison Avenue, Suite 101 3733 Wildcat Creek Blvd, Fayetteville Fayetteville, AR 72701 Fort Smith, AR 72901 AR, 72704 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.) Re -Route concealed electrical overhead to supply equipment at the Transfer Station. The original Contract Sum was $ 279,684.69 The net change by previously authorized Change Orders $ 3,385.50 The Contract Sum prior to this Change Order was $ 283,070.19 The Contract Sum will be increased by this Change Order in the amount of $ 10,778.10 The new Contract Sum including this Change Order will be $ 293,848.29 The Contract Time will be unchanged 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. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Hawkins -Weir Engineers, Inc. Legacy Construction Management, Inc. City of Fayetteville ARCHITECT (Firm name) CONT W(Firm f ne) OWNER (Firm name) SIGNATURE MATURE SIGNATURE Steve Collier, President PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA Document C7011D— 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "G701," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:31:31 ET on 02/02/2023 under Order No.2114310196 which expires on 04/11/2023, 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: (369ADA31) LIM: L E G A C Y CONSTRUCTION MANAGEMENT Submitted to: Josh Durham PE Hawkins -Weir Engineers, Inc. We hereby submit the following descriptive for Change Order 02 to provide the following: Re -Route concealed electrical overhead to supply equipment at the Transfer Station. Midlland Industrial Services Cost $ 9,73.0.00 LCM 10% $ 971.00 LCM Bond 1% $ 97.10 Total Cost: $ 10,778.10 Legacy Construction Management, Inc 3733 Wildcat Creek Blvd. Fayetteville, AR 72704