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HomeMy WebLinkAbout80-91 RESOLUTION.v.. RESOLUTION NO. FM -91 A RESOLUTION AUTHORIZING THE CONTRACT WITH RM PLAN GROUP FOR COMPLETION OF PHASE 2 OF THE DICKSON STREET PARKING PROJECT. 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 execute a contract with RM Plan Group for completion of Phase 2 of the Dickson Street Parking project in the amount of $115,000.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof.. PASSED AND APPROVED this 7th day of May , 1991. APPROVE: By: gleiel Mayor --ATTEST: By: A v"'= -- a.nW(we f , Cit C3erk i7 • 1 4 t E 'I Revision To The Agreement Between Owner and t. Consultant 1 AGREEMENT made as of the Nineteenth (19th) day of March in the year of Nineteen Hundred and Ninety -One (1991) 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 NASHVILLE, TENNESSEE 37212 For the following Project. PARKING AND LIGHTING IMPROVEMENTS, ARTS CENTER IMPACT AREA FAYETTEVILLE, ARKANSAS 1 The Owner and Consultant agree as set forth below: This Revision to the Agreement shall Amend the previous Agreement Between Owner and Consultant, dated the Fifth (5th) day of September in the year of Nineteen Hundred and Eighty -Nine (1989). ARTICLE 1 CONSULTANT'S SERVICES Certain services in the original Agreement having been completed and accepted, the Consultant's Services are hereby revised to include the following 1.1 WORK ELEMENTS. The Consultant shall prepare final design for location and layout and prepare construction documents (i.e. plans and specifications) for approximately 500 parking spaces. The following Work Elements are included: . 1 Parking improvements for the following: (a) Location behind the structures bounded by the streets of Dickson, West, Watson and Rollston. (b) Location on the City of Fayetteville -owned property at Dickson Street and West Avenue. (Includes Engineering Services for removing rubble.) Location on the City of Fayetteville -owned property bounded by Dickson Street, Burlington Northern Railroad and a natural drainage area. Design, construction and Owner's acceptance of 26 spaces at this location having occurred under the original Agreement, the Owner now agrees to pay all design and construction documents fees. (c) . 2 Lighting improvements at the following: (a) Parking area behind the structures bounded by the streets of Dickson, West, Watson and Rollston. (b) Parking area on City of Fayetteville -owned property at Dickson Street and West Avenue. (c) Parking area on City of Fayetteville -owned property bounded by Dickson Street, Burlington Northern Railroad and a natural drainage area. 3 Construction Observation services, as follows: (a) Once -a -week on-site review of all construction. (b) Full-time resident inspection (optional at the Owner's choice and for an additional fee). ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. These requirements include, but are not limited to, topographic surveys, legal descriptions for properties, hydrological and geotechnical engineering and specialized studies or investigations. 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 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 porton 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 Consultants employees and sub -contractors in the interest of 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 (including construction documents provided bidders), . 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, expense of overtime work requiring higher than regular rates, if authorized by the Owner, expenses for special services - topographic, legal, hydrologic, geotechnical and other studies and investigations, if authorized by the Owner, Advertising for bids. 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 3 principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times for a period of one year after completion of the Project. ARTICLE.7 ARBITRATION 7.1 All claims disputes or other matters in 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 Th s 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 Th s 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 eamed 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 earned to the time of termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be govemed 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, except as follows: a) Consultant shall be allowed to sub -contract with the Engineering firm of McGoodwin, William & Yates of Fayetteville for certain engineering services. 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 REVISED COMPENSATION FOR THE CONSULTANT'S SERVICES, as described in Article 1, Consultant Services, shall be computed as follows: (a) LUMP -SUM FEE of ONE HUNDRED THOUSAND DOLLARS ($100,000) (b) If Optional Resident Inspection services are accepted, add a fee of TWENTY-EIGHT THOUSAND DOLLARS ($28,000) or a total LUMP SUM FEE of ONE HUNDRED, TWENTY-EIGHT THOUSAND DOLLARS ($128,000). Optional Resident Inspection fee is based upon a maximum construction time of 120 days. Additional time would be subject to renegotiation. 10.2 FOR REIMBURSABLE EXPENSES, as described in Article 4;": 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. Not torexceed $15.000. 10.3 The Owner and Consultant agree in accordance with the Terms and Conditions of this Agreement that: 1 IF THE SCOPE of the Project 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. 10.4 The Owner Accepts or Declines the Optional Resident service and additional fee of TWENTY-EIGHT THOUSAND DOLLARS ($28,000). ACCEPTS (please initial) 1 DECLINES (please initial) 1 This Agreement entered into as of the day and year first written above. For the For CITY OF FAYETTEVILLE, ARKANSAS RM PLAN GROUP, INC. SVne� Fre S. Vorsanger, Mayor .1 0.1.4 ,1940Jaa Alfred . Raby, President 5 Revision To The Agreement Between Owner and Consultant AGREEMENT made as of the Nineteenth (191h) day of March in the year of Nineteen Hundred and Ninety -One (1991) 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 NASHVILLE, TENNESSEE 37212 For the following Project: PARKING AND LIGHTING IMPROVEMENTS, ARTS CENTER IMPACT AREA FAYETTEVILLE, ARKANSAS • 1 The Owfier and Consultant agree as set forth below: This Revision to the Agreement shall Amend the previous Agreement Between Owner and Consultant, dated the Fifth (5th) day of September in the year of Nineteen Hundred and Eighty -Nine (1989). ARTICLE 1 CONSULTANT'S SERVICES Certain services in the original Agreement having been completed and accepted, the Consultant's Services are hereby revised to include the following 1.1 WORK ELEMENTS. The Consultant shall prepare final design for location and layout and prepare construction documents (i.e. plans and specifications) for approximately 500 parking spaces. The following Work Elements are included: . 1 Parking improvements for the following: (a) Location behind the structures bounded by the streets of Dickson, West, Watson and Rollston. (b) Location on the City of Fayetteville -owned property at Dickson Street and West Avenue. (Includes Engineering Services for removing rubble.) (c) Location on the City of Fayetteville -owned property bounded by Dickson Street, Burlington Northern Railroad and a natural drainage area. Design, construction and Owner's acceptance of 26 spaces at this location having occurred under the original Agreement, the Owner now agrees to pay all design and construction documents fees. . 2 Lighting improvements at the following: (a) Parking area behind the structures bounded by the streets of Dickson, West, Watson and Rollston. (b) Parking area on City of Fayetteville -owned property at Dickson Street and West Avenue. (c) Parking area on City of Fayetteville -owned property bounded by Dickson Street, Burlington Northern Railroad and a natural drainage area. . 3 Construction Observation services, as follows: (a) Once -a -week on-site review of all construction. (b) Full-time resident inspection (optional at the Owner's choice and for an additional fee). ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. These requirements include, but are not limited to, topographic surveys, legal descriptions for properties, hydrological and geotechnical engineering and specialized studies or investigations. 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 • 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 interest of 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 (including construction documents provided bidders), . 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, . 7 expenses for special services - topographic, legal, hydrologic, geotechnical and other studies and investigations, if authorized by the Owner, . 8 Advertising for bids. 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 Consultants 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 3 • ie pririciples and shall be available to the Owner or the Owners authorized representative at mutually convenient times for a period of one year after completion of the Project. ARTICLE 7 ARBITRATION 7.1 All claims disputes or other matters in 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 eamed 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 earned 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, except as follows: a) Consultant shall be allowed to sub -contract with the Engineering firm of McGoodwin, William & Yates of Fayetteville for certain engineering services. 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 REVISED COMPENSATION FOR THE CONSULTANT'S SERVICES, as described in Article 1, Consultant Services, shall be computed as follows: (a) LUMP -SUM FEE of ONE HUNDRED THOUSAND DOLLARS ($100,000) (b) .If Optional Resident Inspection services are accepted, add a fee of TWENTY-EIGHT THOUSAND DOLLARS ($28,000) or a total LUMP SUM FEE of ONE HUNDRED, TWENTY-EIGHT THOUSAND DOLLARS ($128,000). Optional Resident Inspection fee is based upon a maximum construction time of 120 days. Additional time would be subject to renegotiation. 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 Project 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. 10.4 The Owner Accepts or Declines the Optional Resident service and additional fee of TWENTY-EIGHT THOUSAND DOLLARS ($28,000). ACCEPTS (please initial) X /' DECLINES (please initial) This Agreement entered into as of the day and year first written above. For the CITY OF FAYETTEVILLE, ARKANSAS Fred S. Vorsanger, Mayor For RM PLAN GROUP, INC. Alfred Raby,President 5