HomeMy WebLinkAbout81-89 RESOLUTION•
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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