Loading...
HomeMy WebLinkAbout115-93 RESOLUTION• • RESOLUTION NO. i i c -q3 A RESOLUTION AUTHORIZING PAYMENT TO RM PLAN GROUP IN THE AMOUNT OF $7,000 FOR PROJECT MANAGEMENT SERVICES OF THE WALTON ARTS CENTER PARKING IMPROVEMENTS PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby authorizes payment to RM Plan Group in the amount of $7,000 for project management services of the Walton Arts Center Parking Improvements Project. A copy of the invoice for payment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of November , 1993. ATTEST: By: Sherry W. Thomas, City Clerk APPROVED: By: red Hanna, Mayor FAYETTEVILLE IM! CITY Of fAYfTTIVILL4 ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: THRU: FROM: DATE: SUBJECT: Members of Fayetteville City Council Fred Hanna, Mayor Kevin Crosson, Public Works Director( Cheryl Zotti, Environmental Affairs AdministratoC7 October 7, 1993 RM Plan Group Agenda Item RM Plan Group has requested that the Mayor and City Council consider their request for additional compensation for project management of the Arts Center Parking Improvements Project. Alfred Raby, President of RM Plan Group, states in the attached letter that McGoodwin, Williams and Yates provided construction inspections that were not included in the original project management contract. Reference throughout this letter is made to David Cox, who is no longer employed with the City of Fayetteville. Therefore, we must rely on our files and the information provided by RM Plan Group and McGoodwin, Williams and Yates, when considering this request. Our files do not reflect a $7,000 debt to McGoodwin, Williams and Yates or RM Plan Group, nor does our files contain a contract for independent inspections separate from the original contract of $28,000. The only input that staff can make to this request is that McGoodwin, Williams and Yates did provide exceptional project management and they still work with our staff, at no cost, on elements that arise with this project. We believe that McGoodwin, Williams, and Yates acted in good faith with the project management of these improvements and the question to answer for this Council is whether this $7,000 should be paid to McGoodwin, Williams and Yates by the City of Fayetteville or RM Plan Group. We ask that you refer to Mr. Raby's attached letter and the presentation by McGoodwin, Williams and Yates for specifics when considering this request. Should you have any questions, please feel free to contact Kevin Crosson or Cheryl Zotti. Thank you. • September 10, 1993 Hon. Fred Hanna, Mayor City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Toa • RE: Arts Center Parking Improvements Dear Mayor Hanna: planning zoning urban design economics It is our understanding that you and Carl Yates of the McGoodwin Williams and Yates engineering consultant firm have agreed to submit a claim to the City Council of $7,000 for additional services. This claim relates to specific construction inspection services for the Arts Center Parking Improvements. As prime contractor and chief signatory for the contract with the City, we herewith request and herewith authorize and give full release to the City to make direct payment to McGoodwin Williams and Yates of the $7,000 or any portion thereof that the City Council approves. Information concerning the nature and cause of the additional payment request, as well as available supporting documentation, has been previously submitted by us to Kevin Crosson, Public Works Director for the City. The following is a summary of the events surrounding the additional fee as best that we recollect them: 1. In our original contract, and as amended on March 19, 1991, the City declined the full- time resident inspection option. The City, through David Cox, later informed us by phone that it was pursuing a separate contract for all .construction observation/ administration/full-time resident inspection directly with Carl Yates Still later, David Cox advised us by phone that the City had decided that it should amend RM Plan Group's contract to include a total of $28,000 for Mr. Yates to provide all construction observation/ administration/full-time resident inspection services. We responded to Mr. Cox's instructions by amending the contract by a total of $28,000 and writing Mr. Cox a memorandum on September 25, 1991 transferring $7,000 from Construction Observation to cover an equivalent amount in additional services that he was requesting of us. 2. In order to expedite the contract, David Cox indicated to us by phone that he was verbally negotiating separate contract matters with Carl Yates involving construction observation/administration/full-time resident inspection, as well as redesign and additional investigative and engineering services. RM Plan Group was not a party to any 2505 Hillsboro Road, Suite 202 • P.O. Box 121485 • Nashville, TN 37212 • (615)383-1681 / FAX(615)/383-1683 • discussions and arrangements. We relied on Mr. Cox to advise us of any changes that affected our contract with the City and those services that were being performed by Carl Yates. Through some additional cooperative effort between Mr. Yates and our firm, we collectively brought the project to a timely and successful conclusion. The City was fair in reimbursing each of us for the extra services as we presented them late last year. What was not known at the time of the submission of' the extras was Carl Yate's apparent understanding of what his firm would receive in total fee for its construction observation/ administration/full-time resident inspection services. Mr. Yates thought that he was working with a combination of $28,000 from the contract amendment and $7,000 from RM Plan Group's base contract for a total fee of $35,000 for construction observation/administration/full-time resident inspection services. David Cox advised us that Mr. Yates was to receive a total of $28,000 for all construction observation/administration/full-time resident inspection services. In accordance with Mr. Cox's instructions, we properly deleted any portion of our contract relating to construction observation/administration services. Our memorandum dated September 25, 1991 to Mr. Cox attests to our action. Mr. Cox did not countermand our action; thus, we did not bill the City nor receive any payment from the City related to this portion of Mr. Yates' services. The circumstances described above suggest situations wherein normal lines of communication were altered for the sake of expediency. The object of RM Plan Group and, if we may speak for McGoodwin Williams and Yates, is not to attempt to fix blame. We believe that everyone was acting in good faith and that time constraints created unusual circumstances for communication and authorization. Thank you for your consideration in this matter. RM Plan Group • 2505 Hillsboro Road, Suite 202 • P.O. Box 121485 • Nashville, TN 37212 • (615)383-1681 / FAX(615)/383-1683