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HomeMy WebLinkAbout81-89 RESOLUTION• • • RESOLUTION NO. 81-89 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR CONSULTING SERVICES TO RM PLAN GROUP OF NASHVILLE, TENNESSEE FOR THE WALTON ARTS CENTER IMPACT AREA ON DICKSON STREET. MICROFILMED BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to enter into and execute a contract for consulting services to RM Plan Group of Nashville, Tennessee for the Walton Arts Center Impact Area on Dickson Street. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of September , 1989. �! �;; : =i: • •NI -Sy I • By: �• t Clerc <10-17 'Ztrasnertt‘+‘ APPROVED By: Mayor Acisecy MICROFILMED Agreement Between. Owner and Consultant AGREEMENT made as of the Fifth (5th) day of September in the year of Nineteen Hundred and Eighty -Nine (89) BETWEEN the Owner CITY OF FAYETTEVILLE, ARKANSAS 113 W. MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 and the Consultant. RM PLAN GROUP, INC. 2505 HILLSBORO ROAD SUITE 102 P.O. BOX 121485 NASHVILLE, TENNESSEE 37212 For the following Project: MASTER PLAN WALTON ARTS CENTER IMPACT AREA FAYETTEVILLE, ARKANSAS (Including Design and Construction Documents for Streetscape, Drainage, Parking and Street Improvements) The Owner and Consultant agree as set forth below: 1 ARTICLE 11•;:'= CONSULTANT'S SERVICES 1.1 WORK ELEMENTS The following Work Elements shall be included in the Basic Services: . 1 Refine Scope of Services; . 2 Drainage improvements; . 3 Planning and staging of 500 parking spaces; . 4 Immediate parking lot construction specifically on City -owned property at West Avenue and Dickson Street; . 5 Street and vehicular traffic flow improvements; . 6 Development of pedestrian traffic patterns; . 7 Lighting and landscaping of parking lots, streets and pedestrian traffic areas; . 8 Streetscaping for Dickson Street; . 9 Planning for a development strategy and design concept linking the University of Arkansas, Arts Center and Downtown Square; . 10 Relocation plan for moving the Farmer's Market to the Arts Center site; . 11 Marketing analysis for the Dickson Street area; • 12 Zoning and land use recommendations within the impact area; . 13 Residential property survey within the impact area (exterior survey only); . 14 Holding public meetings for disseminating information and providing citizens involvement in the project; and, . 15 Recommendations for utilizing the University transit system to serve the Arts Center. (Altemate). ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 The Owner shall designate, when necessary, a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. 2.3 The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2 • s ARTICLE 3 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, but does not include the cost of contributions and benefits related thereto, whether mandatory or customary as described in paragraph 3.2, and included in Direct Personnel Expense. 3.2 Direct Personnel Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee -benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to the Consultant's compensation and include actual expenditures made by the Consultant and the Consultant's employees and sub -contractors in the interestof the Project for the expenses listed in the following Subparagraphs: . 1. fees paid for securing approvals of authorities having jurisdiction over the Project, . 2 reproductions, .3 postage and handling of documents, . 4 renderings and models requested by the Owner, . 5 data processing and photographic production techniques when used in connection with Additional Services, . 6 expense of overtime work requiring higher than regular rates, if authorized by the Owner. ARTICLE 5 PAYMENTS TO THE CONSULTANT 5.1 Payments on account of the Consultant's services, and for Reimbursable Expenses as defined in Article 4, shall be made monthly upon presentation of the Consultant's statement of services rendered or as otherwise provided in this Agreement. 5.2 If the Project is suspended or abandoned in whole or in part for more than three months, the Consultant shall be compensated for all services performed prior to receipt of written notice from the notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Consultant's compensation shall be equitably adjusted. ARTICLE 6 CONSULTANT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Salary or Direct Personnel Expenses shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 3 ARTICLE 7 ARBITRATION 7.1 All claims disputes or other matters it question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Consultant, the Owner and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties in this Agreement shall be specifically enforceable under the prevailing arbitration law. 7.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.3 The award rendered by the arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon ten' days' written notice. should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 This Agreement may be terminated by the Owner upon at least ten days' written notice to the Consultant in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed to the termination date, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.4. 8.4 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination for which the Consultant is not otherwise compensated, plus an amount computed as a percentage of the compensation earned to the time of termination as follows: For Services provided on Multiple of Direct Salary or Direct Personnel Expense basis, 20% of the total expenses incurred to the time of termination; For Services provided on a Fixed Fee basis, 10% of the fixed Fee eamed to the time of termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Consultant. 9.2 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date payment is due to the Consultant pursuant to Article 5. 4 9.3 The:Owner:and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Consultant shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 9.4 This Agreement represents the entire and integrated agreement between the Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Consultant for the services provided, in accordance with Article 5, Payments to the Consultant, and the other Terms and Conditions of this Agreement, as follows: 10.1 COMPENSATION FOR THE CONSULTANT'S SERVICES, as described in Article 1, Consultant Services, shall be computed as follows: LUMP SUM FEE of TWO HUNDRED, TWENTY-FIVE THOUSAND DOLLARS ($225,000). 10.2 FOR REIMBURSABLE EXPENSES, as described in Article 4, and any other items included in Article 11 as Reimbursable Expenses, a multiple of ONE AND ONE FIFTEENTH (1.15) times the expenses incurred by the Consultant, the Consultant's employees and sub -contractors in the interest of the Project. 10.3 The Owner and Consultant agree in accordance with the Terms and Conditions of this Agreement that: .1 IF THE SCOPE of the Protect or of the Consultant's services is changed materially, the amounts of compensation shall be equitably adjusted. .2 IF THE SERVICES covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of the Consultant, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS For. purposes of the Owner's budget requirements, the work to be completed under the Scope of Services described under Article 1 and payments to the Consultant for such services shall be divided into two Phases. The Owner may authorize this work by the Phases described in the following: 11.1 Phase One shall begin as of the date of this Contract,and ,,,,lend through Deuurnbvi 31, 19513. 11.2 Phase One shall include the following Scope of Services items or portions thereof: . 1 Drainage Improvements (specifically on the Proposed parking lot at West Avenue and Dickson Street; . 2 Planning and staging of 500 parking spaces; . 3 Preliminary design for parking lot construction at West Avenue and Dickson Street; . 4 Street and vehicular traffic flow improvements; • 5 Development of pedestrian traffic patterns; • 6 Preliminary lighting and landscaping for parking lots, streets and pedestrian traffic areas; 5 . 7 Preliminary streetscape design for Dickson Street; . 8 Planning for a development strategy and design concept liking the University of Arkansas, Arts Center and Downtown Square; . 9 Relocation plan for moving the Farmer's Market to the Arts Center site; • 10 Preliminary marketing analysis for the Dickson Street area; and, . 11 Holding public meetings for disseminating and providing citizens involvement in the project. 11.3 A Lump Sum Fee of One Hundred, Twenty -Five Thousand ($125,000), shall be paid the Consultant for Phase One. 11.4 Phase Two shall begin, subject to the Owner's authorization, January 1, 1990 and extend through December 31, 1990. 11.5 Phase Two shall include the following Scope of Services items or portions thereof: . 1 Final design for all parking lot construction; ▪ 2 Final design of lighting and landscaping for parking lots, streets and pedestrian; . 3 Final streetscape design for Dickson Street; . 4 Final marketing analysis for the Dickson Street area; . 5 Zoning and land use recommendations within the impact area; ▪ 6 Residential property survey within the impact area (exterior survey only); and, . 7 Recommendations for utilizing the University transit system to serve the Arts Center. (Alternate) 11.6 A Lump Sum Fee of One Hundred Thousand Dollars ($100,000) shall be paid the Consultant for Phase Two. This Agreement entered into as of the day and year first written above For the CITY OF FAYETTEVILLE, ARKANSAS William V. Martin, Mayor For RM PLAN GROUP, INC. l Alfred N. R. y, AICP, President 6 PROJECT TITLE PROJECT NO. CONTRACTOR Arts Center Impact Area Study CONTRACT N0. P.O. #26634 RM Plan Group, 2505 Hillsboro Rd., The following changes are hereby made to the Contract Documents: �- CHA S -temp CONTRACT DATE 19-5-89 } Suite 102, Nashville, TN 37212 Addition of the reimbursable expenses per contract Justification: Allowable under the terms of the contract CHANGE TO CONTRACT PRICE Original Contract Price: $ 225, 000 .00 Current contract price, as adjusted by previous change orders: $252 , 310 .0.0 The Contract Price due to this Change Order will be [increased] 1cMct fid] by $ 1 , 883 .96 The new Contract Price due to this Change Order will be: 054 ,193.96 - M CHANGE TO CONTRACT TIME The Contract Time will be [increased] [decreased] by N/A The date for completion of all work under the contract will be calendar days. N/A Approvals Required: To be effective, this order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Requested by P.M Plan Group Recommended by David Cox Ordered by / cott in�augh, City Manager Accepted, Plan "Group Wiley -Fisk Form 15-3 date date date "AO ) date A• Pay to the Order of • CITY OF FAYETTEVILLE ARTS CENTER PROJECT FUND 113 W MOUNTAIN FAYETTEVILLE% AR 72701 RM PLAN GROUP One Thousand Fight Hundred Fighty—throe and 06/lnn McILROY BANK & TRUST Fayetteville, Arkansas 72701 February 25, 19 91 1207 51.87/020 I$ 1,883.46***. 1 Dollars ';- , I ��'^` p�Y 4a1.naEP. of ..• f!. ' �e�IP,�tit*t ; = \\�-.- 000 L 2070 -1:08 29008 7 2N: 0008 209911.0 L VENDOR NO. CITY OF FA e2700 RM PLAN GROUP 2505 HILLSBORO RD SfE 102 NASHVILLE TN 37212 L LJ uwutt;� ETTEVILLE, ARKANSAS QUANTITY UNIT MEAS 1.00 ER 1.00 EA -=NM .7,..... .au..:C _...._. weer' Exactly As Shown Here City of Fayetteville. Arkansas DEPT. PURENASE ostoc`�i . r \ ?6630 CONST OW:TE. CENTE:, PARKING DAVID Cox ARTS CENTER PARKING CONST 0 NO SUPPLIER IN ARKANSAS CONFIRMATION - DO NOT DUPLICATE IF CHECKED ❑ D£ S C R 1 F- 'r T 0 N RE'IM8Uc SADLE E:XPENSE5/PRTNT:iN FINAL REPORTS POSTAGE RECLIVbD FEB 2 0 1991 FINANCE DEPT. ADDITIONAL APPROViii FUND NO. yl Q2 X CONTR SCT OTHER APPROVED BY CHECK NO. ":;'CHASING POLICY PAYMENT DEPARTMENT/DIVISION • RECEIVED Af PROVED FOR PAYMENT AMOUNT TO PAY UNIT PRICE 1.96.80 BY DATE -SHIPTO: V.r_,YETTE"'VILL.E CITY SHOP• 1450 S. HAPPY HOLLOW ROAD t'AYE'TTEVILLE AR 727('1 1. Send itemized invoice in duplicate to: Accounts Payable City of Fayetteville 113 West Mountain Fayetteville, AR 72701 2. Mark elf packages as shown in rectangle above. All orders must be accompanied by a packing slip, Quantity shipped and P.O. number. TERMS AND CONDITIONS NOT OTHERWISE SPECIFIED CONTROL NO. 10829 TERMS AND CON ITID p SN 3. No substitutions without prior approval, 4. Discounts effective to 10th of following month. 5. Orders must be shipped in lull unless otherwise notified. 2.90 PAGE 1 TOTAL F.O. SUBTOTAL TAX AMOUNT P.C. TOTAL AMOUNT 196.80 2•"0 199.70 399,70 199.70 6. F.O.B. Fayetteville unless otherwise agreed upon No extra for packing and delivery will be allowed 7. NO C.O.D. ORDERS 8. Pre -pay freight and add to invoice_ Ship tc 113 W. Mountain St., Rear Entrance, unless otherwise specified. DEPT. -WHEN COMPLETE DELIVER TO ACCOUNTS PAYABI CHASING AGENT STATEMENT January 10, 1991 TO: City of Fayetteville, AR Attn: David Cox, Project Coordinator 113 W Mountain - Fayetteville, AR 72701 FROM: RM Plan Group 2505 Hillsboro Road, Suite 102 Nashville, TN 37212 FOR: Arts Center Impact Area Study Phase I - Extras & Reimbursable Expenses The following fees are based on payroll costs directly attributable to "Extras" as requested for Phase I by the City of Fayetteville. Payroll costs are multiplied by overhead and professional fee to establish total fee. 1. Reimbursable consultant fees for "Extra" engineenng services. a) Construction observations for demolition and drainage improvement; cost estimates; spring and foundations/rubble investigations, fencing; etc. Engineering Fees $9,415.00 x 1.15 = $10,827.25 b) Construction observation for Parking Lot adjacent to railroad Engineering Fees $7,277.00 x 1.16 = $8,368.00 c) Storm Sewer investigations Engineering Fees $964.00 x 1.15 = $1,108.60 Sub -Total $20,304.40 2. Reimbursable expenses for the following: reproduction; postage and handling of documents; aenal photographs. Express Mail 135.50 x 1.15 = Photos 69.69 x 1.15 = Materials 16.37 x 1.15 = Large Scale Drawings 622.66 x 1.15 = Printing of Final Reports 29 x 24.60 = Sub-lbtal TOTAL i . fitted by l� id, Alfred N Raby, AICP r 155.83 80.14 18.83 716.06 713.40 $21,988.66 t SHIP TO; No 82700= ".. RM PLAN GROUT? • Na o H 48a� ` l3TE 102 ry TN. 37212 QUANTITY:. UN1TPMEAS 1400 E4 Each Package arkea-�-- Eiia"c 1;9%4 Shy Hera City of Fayetteville; Arkansas PURCHASE ORDS R DEPT. ARTS CENT 26634 DAVID COx. PARKING CONST ARTS CENTER PARKING CONST Dnre CONFIRMATION - DO NOT DUPLICATE IF D E S C R I P T I O N CHECHEO UNITREIMBUtSggLEEXPENSES T 1,684,26 PRICE PHOTOS,. CTUST0"-///PROJE004TFJOB NUMBER: O1 ❑NO suppuER IN ARKA.As I RECEIVED FES 31991 - FINANCE 1991FINANCE DEPS DEPASTMENT/DIVISION BY DATE RECEIVED APPROVED F011i PAYMENT AMOUN+TO PAY-, ACCOUNTMG VERIFIED PURCHASING VERIFIED PUNb NO._ ! CPRICE CHANGE VERIFIED Dots CHECK NO. NOT MTET PURCHASING p� CONTRACT PAYMENT �_ OTHER ttcy APPROVEo aY FAYE:TTEyILLE CITY tam W ROAD 1 P. M. SUBTOTAL FtTOTAL TAX AMOUNT P.C. TOTAL, FAYE S. NAPPY HOLLF TTEVILLE AR 72.701 end itemized'int, 'invoice in duplicat de to 113 West MOUtirain 4 2, an City of Fayettevilfe AR.7 f .. orders P musf shown. to 411 duentlty bpCC fl 1sA rectangle ack ing and P.O. number. TERMS AND CONDITIONS NOT OTHERWISE SPECIFIED CONTROL NO. 10833 TERMS AND CONDITIONS 3. No substitutions without prior approval. 4. Discounts effective to 10th off S. 5. Orders following month. notified must be shipped in full unl ass ocherwis e .AMOUNT 1,684,26 1,684.26 / 1,684.26 S ,6$4.26 No extra Fa xt as orrnpavckingnless and delive ry wi agreed upon, be allowed, NO C,O,D. ORDERS 8' a -pay freight and add to 113 W. Mountain otherwise s St., Rear Pacified. invoice. Ship to Entrance, unless DEPT -WHEN COMPLETED DELIVER TO ACCOUNTS PAYABLE r • STATEMENT February 11, 1991 TO: City of Fayetteville, AR Attn: David Cox, Project Coordinator 113 W Mountain Fayetteville, AR 72701 FROM: RM Plan Group 2505 Hillsboro Road, Suite 102 Nashville, TN 37212 FOR: Arts Center Impact Area Study Printing of Additional Reports (3 color pages) Reimbursable expenses for the following: reproduction; postage and handling of documents. 'Printing of Additional Final Reports 8 x 24.60 = 196.80 Postage = 2,90. Total rs $199.70 sTv Submitted by estiAlfre. N. Raby, AICP