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HomeMy WebLinkAbout45-02 RESOLUTIONfl • RESOLUTION NO. 45-02 A RESOLUTION TO APPROVE A CONTRACT FOR OWNER'S REPRESENTATION SERVICES IN CONJUNCTION WITH THE CONSTRUCTION OF THE NEW CITY LIBRARY WITH ROBERT KOHLER 111 IN THE AMOUNT NOT TO EXCEED S72,000.00 AT THE RATE OF $3,000.00 PER MONTH 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 approves the Contract for Owner's Representative Services To Be Performed In Conjunction With The Construction Of A New Main Library (attached as Exhibit A) in the amount of $3,000.00 per month not to exceed $72,000.00 total and authorizing the mayor to sign this Contract. PASSED and APPROVED this the 19th day of March, 2002 Ifei, 4 • • ItIocadruff, City C APPROVED: By: DAN COODY, Mayor • NAME OF FILE: CROSS REFERENCE: Resolution No. 45-02 • 03/19/02 , Resolution No. 45-02 , 06/07/02 Contract for owner's representation services in conjunction with the construction of the new city library with Robert Kohler, III 02/26/02 Memo to Hugh Earnest from Louise Schaper, Library Director 07/19/02 Certificate of Liability Insurance with McNair & Associates 03/19/02 Staff Review Form 06/12/02 Memo to Louise Schaper, Fayetteville Public Library, from Heather Woodruff, City Clerk 04/29/02 Memo to Louise Schaper, Fayetteville Public Library, from Heather Woodruff, City Clerk 03/21/02 Memo to Louise Schaper, Fayetteville Public Library, from Heather Woodruff, City Clerk NOTES: • CITY OF FAYETTEVILLE & FAYETTEVILLE PUBLIC LIBRARY CONTRACT FOR OWNER'S REPRESENTATIVE SERVICES TO BE PERFORMED IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW MAIN LIBRARY This Agreement, is entered into on this 7th day of June, 2002, between the City of Fayetteville, hereinafter known as the "City", the Board of Trustees of the Fayetteville Public Library, hereinafter known as "Library,and Robert Kohler III, hereinafter known as "Owner's Representative". WHEREAS the City and Library desire "owner's representative" services to be utilized in the completion of the planned new main library, hereinafter referred to as the "Project" and the "Work". NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City, Library, and Owner's Representative agree as follows: 1. COMMENCEMENT 2.1 This Agreement shall begin on the date first written above. 2. GENERAL 2.1, Owner's Representative shall be the designated representative of the City and Library consistent with AIA A201-1997 General Conditions of the Contract for Construction, paragraph 2.1.1. However, Owner's Representative, although expected to provide guidance and direction on all financial and economic matters relating to the Project, shall not have authority to obligate the City or Library financially without appropnate notice to and approval from the City and Library. Through services of Owners Representative, the City (a/k/a "Owner") endeavors to provide a responsive and experienced team member to serve the public's interest while promoting cooperation with Contractor and Architect members of the tripartite building team. 2.2. Communications by Owner's Representative relating to the Project shall in general be restricted to the Owner and Architect. Owner's Representative shall communicate with the Contractor with full knowledge of the Architect and Owner. Owner's Representative shall not communicate with SubContractors or material suppliers except with full knowledge and approval of the Contractor and Architect. 2.3. Owners Representative primary contact with the Owner is Hugh Earnest, Urban Development Department Director of the City, and with the Library is Louise Schaper, Library Director. 2.4. Office space with computer hardware, software and email for the Owner's Representative will be provided by the Owner at the request of either party. if not requested of Owner or required by Owner, Owner's Representative will provide office space with computer hardware, software and email. Owner's Representative will provide cellular phone. 6/6/2002 • 3. DUTIES AND RESPONSIBILITIES 3.1. Owner's Representative will make decisions with respect to all matters requiring the Owner's approval or authorization Additionally, Owner's Representative shall: 3.1.1. In forming a basis for decisions, review estimates prepared by others including Contractor -initiated proposals and response to proposal requests to ensure that the estimates respond to the proposal, do not duplicate services provided in the base contract, reflect Contractor pricing consistent with the base contract, and confirm that schedule impacts, if any, are properly disclosed. 3.1.2. Analyze claims for additional cost or time extensions and either resolve the matters or recommend action to the Owner. In matters impacting construction cost and time, approval of Change Orders requires consent of the Fayetteville City Council. When a prompt decision is in the Owner's interest, decisions to authorize a Construction Change Directive may be made by the Owners Representative after review and consultation with the City and Library primary contacts, to the extent contract authority has been delegated to the City and Library primary contacts. 3.1.3. When requested by Architect, render a timely recommendation to the Owner for (a) decision(s) on deviation(s) from the Contract Documents, substitute materials or equipment, and other appropriate matters considering the recommendation of the Architect. 3.1.4. Order the Contractor to stop the Work or any portion thereof but only if based on paragraph 3.3 hereinbelow. 3.2. Owner's Representative shall coordinate and expedite all aspects of the project and Work related to the Owner's responsibilities. 3.3. Owner's Representative shall process and manage Change Orders and Construction Change Directives with the Contractor, Architect, City Purchasing Manager and City Council. 3.4. Owner's Representative shall continually verify that project management tools and software, including the master project schedule, is in place, appropriately managed, and updated. The Owner's Representative shall also alert Owner and Architect of conditions that might lead to delay in completion of the Work or result in cost overruns. 3.5. Owner's Representative shall attend periodic team meetings of the Architect and Contractor and any other job-related meetings and see that information or decisions needed from Owner are promptly addressed. 3.6. Owner's Representative shall attend regular and ad-hoc meetings with the Urban Development Director, Library Director and their representatives, and shall attend Library Board and staff meetings as needed. 3.7. Owner's Representative shall attend City Council meetings when necessary. 3.8. Owner's Representative shall review monthly Applications for Payment and recommend disposition to Architect, and shall assist in expediting payment of Certificates for Payment. 6/6/2002 2 1 3.9. Owner's Representative shall monitor the progress and quality of construction to keep the Owners primary contacts informed weekly and no less frequently than monthly, and report monthly to the Owner the status of the project to include conformance with bid documents, compliance with construction schedule and value of work performed and materials stored. Owner's Representative is to notify the Architect immediately if, in the Owner's Representative's opinion, Work does not conform to the Contract Documents or requires special inspection, testing or scheduling. Owner's Representative will report on the project's critical path showing all tasks that could easily delay the project or cause cost overruns. Owner's Representative will prepare promptly, or as needed, a listing of unresolved items/issues, problems or decisions pending that require the Owner's response in order to maintain the project schedule. 3.10. Owner's Representative shall Participate in inspections for Substantial and Final Completion in conjunction with the Architect and Contractor, and also perform independent walk through of project and develop written reports for the Owner. 3.11. Owners Representative shall nsure that communications by Owner's Representative are prepared in written, computer -readable form in a Microsoft software product that is backed -up at the end of each day's use, provide a monthly archive copy for the Owner, and maintain a log book of activities observed at the site in a manner approved by Owner 3.12. Owner's Representative shall maintain records in an orderly manner, and include Contract Documents, correspondence, site logs and visit reports, Change Orders, Construction Change Directives, Certificates for Payment and other items provided to Owner for information, authorization or decision. 3.13 Owner's Representative shall communicate the current status of the project with neighborhood residents and businesses on a regular and ad-hoc basis. This may involve written, electronic, and face-to-face communication. Owner's Representative will disseminate public information to the broader community if needed and approved by the City and Library primary contacts. 3.14. Owner's Representative shall provide negotiation and facilitation where necessary in working with the Architect and Contractor as equal team members so as to provide positive results consistent with the spirit of this community-based design. 3.15. Owner's Representative shall furnish a certificate of insurance addressed to the City showing that he carnes general liability insurance in the amount of $1,000,000 that shall be maintained throughout the term of this Agreement. 3.16. Owner's Representative shall furnish a certificate of insurance addressed to the City showing that he carries professional liability insurance in the amount of $500,000 that shall be maintained throughout the term of this Agreement. 4. LIMITATIONS OF AUTHORITY Owner's Representative, in acting on behalf of the Owner, shall not exceed the nghts and authorities of the Owner pursuant to the agreement between the Owner and Architect and the General and Supplementary Conditions. Furthermore, Owner's Representative shall NOT: 6/6/2002 3 3.9. Owner's Representative shall monitor the progress and quality of construction to keep the Owner's primary contacts informed weekly and no less frequently than monthly, and report monthly to the Owner the status of the project to include conformance with bid documents, compliance with construction schedule and value of work performed and materials stored. Owner's Representative is to notify the Architect immediately if, in the Owner's Representative's opinion, Work does not conform to the Contract Documents or requires special inspection, testing or scheduling. Owner's Representative will report on the projects critical path showing all tasks that could easily delay the project or cause cost overruns. Owner's Representative will prepare promptly, or as needed, a listing of unresolved items/issues, problems or decisions pending that require the Owner's response in order to maintain the project schedule. 3.10. Owner's Representative shall Participate in inspections for Substantial and Final Completion in conjunction with the Architect and Contractor, and also perform independent walk through of project and develop written reports for the Owner. 3.11. Owner's Representative shall nsure that communications by Owner's Representative are prepared in written, computer -readable form in a Microsoft software product that is backed -up at the end of each day's use, provide a monthly archive copy for the Owner, and maintain a log book of activities observed at the site in a manner approved by Owner. 3.12. Owner's Representative shall maintain records in an orderly manner, and include Contract Documents, correspondence, site logs and visit reports, Change Orders, Construction Change Directives, Certificates for Payment and other items provided to Owner for information, authorization or decision. 3.13. Owner's Representative shall communicate the current status of the project with neighborhood residents and businesses on a regular and ad-hoc basis. This may involve written, electronic, and face-to-face communication. Owner's Representative will disseminate public information to the broader community if needed and approved by the City and Library primary contacts. 3.14. Owner's Representative shall provide negotiation and facilitation where necessary in working with the Architect and Contractor as equal team members so as to provide positive results consistent with the spirit of this community-based design. 3.15. Owner's Representative shall furnish a certificate of insurance addressed to the City showing that he carries general liability insurance in the amount of $1,000,000 that shall be maintained throughout the term of this Agreement. 3.16. Owner's Representative shall furnish a certificate of insurance addressed to the City showing that he carries professional liability insurance in the amount of $500,000 that shall be maintained throughout the term of this Agreement. 4. LIMITATIONS OF AUTHORITY Owner's Representative, in acting on behalf of the Owner, shall not exceed the rights and authorities of the Owner pursuant to the agreement between the Owner and Architect and the General and Supplementary Conditions. Furthermore, Owner's Representative shall NOT: 6/6/2002 3 4.1. Assume any of the responsibilities of the Architect or the Contractor. 4.2. Expedite the Work for the Contractor. 4.3. Have control over or charge of or be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work. 4.4. Interpret the Contract Documents or reject Work performed. 4.5. Make changes in the Contract Documents other than through the process covered under "Duties and Responsibilities" section above. 5. COMPLIANCE WITH FEDERAL, STATE AND LOCAL RULES AND REGULATIONS 5.1. Owner's Representative shall submit to the City any and all documents demonstrating compliance with all federal, state, and local rules and regulations. Such demonstrations shall be provided at the request of the City. The City's failure to request supporting documentation, however, shall not excuse any failure on Owner's Representative's part to have complied with the applicable federal, state, and local rules and regulations. 5.2. Owner's Representative shall confirm that all contracts for services, and other procurement for materials, services, or construction shall be carried out in compliance with applicable federal, state, and local rules and regulations 6. RECORDS AND REPORTS Owner's Representative agrees to provide a report regarding the progress status of the project on a monthly basis during the terms of this agreement. The report will contain, at a minimum, the information described in paragraph 3(9). 7. AGREEMENT'S TIME -FRAME The time -frame for this Agreement shall be set at the discretion of the Owner and expire no later than on the date of final completion The City and Owner's Representative shall have the right to terminate this Agreement upon written notice. In the event of termination, the City shall pay Owner's Representative for all services performed to date of termination 8. HOLD HARMLESS AND IDEMNIFICATION Owner's Representative shall hold harmless, defend and indemnify the City and the Library from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Owner's Representative performance or nonperformance of the services or subject matter called for in this Agreement. 9. BUDGET 9.1 It is expressly agreed and understood that the total amount to be paid to Owner's Representative shall not exceed $3000 monthly. 9.2. Owner's Representative shall render to the City and Library a Request for Payment at the end of each month. The City and Library agree to make every effort to pay each invoice within thirty days of receipt of the invoice. 6/6/2002 4 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement and mergers and supersedes all prior agreements, commitments, representations, and discussions between the parties pertaining to the subject matter of the Agreement. 11.NOTICES All notices required or permitted under this Agreement shall be submitted in writing to the other party to this Agreement, by certified mail, return receipt requested, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Dan Coody Mayor 113 West Mountain St. Fayetteville, AR 72701 Robert Kohler III 695 Gray Avenue Fayetteville, AR 72701 IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. City of ayetteville Darf C�ody, Mayor Attested By: rtivtit_A-c-reirc Fa etteville Public Library , 41/ Louis Cons. sner, P esident Attested by:fry—lt Robert Kohler Consulting (( Robert Kohler Attested byd 6/6/2002 .10. v FAYETRWILL 4 ell 84 pun A •• • MARY lin * • sr • DEPARTMENTAL CORRESPONDENCE TO: Hugh Earnest FROM: Louise Schaper, Library Director DATE February 26, 2002 SUBJECT: Approval of contract for Owner's Representative for the new Fayetteville Public Library Background On February 51a City selection committee interviewed three candidates and chose Robert Kohler to serve as the owners representative during the construction of the new Fayetteville Public Library. Mr. Kohler is a resident of Fayetteville and holds degrees in architecture and business. He has served in an owners representative capacity on large-scale projects. He is presently completing a job in Texas that will conclude in March. Current Status A contract between Mr. Kohler and the "owner" the "owner being defined as the City of Fayetteville (Hugh Earnest, Urban Development Department) and the Fayetteville Public Library (Louise Schaper) has been prepared. The terms of the contract for this agreement shall be set at the discretion of the "owner" and expire on the date of final completion of the building. The total amount to be paid to the owner's representative shall not exceed $3000 monthly. The Fayetteville Public Library Board of Trustees, at its February meeting, approved the contract on condition of review by its attorney. That review process was completed the week of February 25. Recommendations We are recommending that City Council approve this contract at its March 19 meeting. ACORDT, CERTIFICATEapF LIABI MODUCER (479)521 7800 FAX (479M-8617 McNair & Associates PIO. Box 819 201 N. East Ave. Fayetteville, AR 72702-0819 NSURED Robert Kohler Consulting Inc 695 N Gray Avenue Fayetteville, AR 72701 1 LITY INSURA CE DATE (AUNDEINM 07/19/2002 THIS CERTIFICATE IS ISS AS A MATTER OF INFORMATION ONLY AND CONFERS NO R GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: CNA INSUFtER INSURER C INSURER D INSURER E: VERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS sISR TR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECnve DATE 01.1WDONYI POUCY EXPIRATION DATE IMWDONY) UNITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one Ne) $ MED EXP $ 1 CA MUS MADE L 1 OCCUR (Any am pew) .. PERSONAL & ACV iNJURY $ GENERAL AGGREGATE I GEWL AGGREGATE LIMIT APPUES PER: PRODUCTS - COMMOP AGO 1 POUCY PRO- JECT 1 Iioc AUTOMOBILE UABILITY COMBINED SINGLE LIMIT S ANY AUTO (EK 11Ccklen0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per *era) HIRED AUTOS BOOKY INJURY $ NONOWNED AUTOS (Per ecadtml) PROPERTY DAMAGE S (Per *cadent) GARAGE LLASIUTY AUTO ONLY - EA ACCIDENT 1 ANY AUTO OTHER THAN EA ACC 1 AUTO ONLY: AGG $ EXCESS UABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 1TOP LI 1. , PT.t.71 TPTS 1 I DE1 FEti. EMPLOYERS' LIABILITY El EACH ACCIDENT $ EL. ClArse.F . EA EMPLOYEE $ EL. DMF Au - POLICY LIMIT $ A OTHER Errors & Omissions (per claim/per pgqregate) BINDER 07/19/2002 07/19/2003 $500,000/500,000 $5,000 deductible DESCRIPTION OF OPERATIONS/LOCADONSIVEHICLESS(CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS tilicy to follow: subject to receipt of premium by conpany on or before 8/2/02. 4 1 ir 14(.1,4 kit CERTIFICATE HOLDER 1 ADDMONAL UTSURED INSURER LETTER CANCELLATION — — SHOULD ANY OF THE ABOVE DESCRIBED POUCIES CANCELLED BEFORE THE EXM RATION DATE THEREOF. THE ISSUING COMPANY MILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL H NOTICE SHALL IMPOSE NO OBUGATION OR 'num OF ANY KIN N OMP ITS AGENTS OR REPRESENTATIVES AUTHORIZ EP 6/2(44c, ACORD 25-5 (7/97) 0ACORD CORPORATION 1988 • Re: 07/19/2002 12:36PM Victor O. Schinnerer & Company PAGE 002 OF 004 SThinneter Calvary. inc Two Wisconsin Circle, Chevy Chase, Maryland 20815-7022 • 301/961-9800 • Fax 301/951 5444 Mr. John A. Moral: McNair it Associates F.O.Bcx 81•; Fayetteville, AR 12732 Policy Numkier: ISN: July 19, 2032 Robect Kohler Consulting, Inc. 1/CA 25 432 /9 29 188132 Dear John: Tnank you for your order. This is to c.Dnfirm. that coverage ie boLnd in accordance with the terms of our quotztion as outlined below: Po_icy Number MCA 25 4O 9 79 ?olicy Inceptor.: 01/19/02 ?olicy Expiration: 31/19/03 Arnie Per Claim Limit: $ 500,C01? Ar.o...al Aggregate Limit: $ 500,C00 Dedactible: $ 5,C00 ?rLsr Acts Coveraae: None We need the items listed below oefcre we can issue the policy. To best serve you, -et will extend a binder to OF/02n2 in order to provide you enough time to mail tne items to cur office: Net Check Required We eppreciale youi et. inuiny; sucipci ofU.L lograith Cozdially, Pkat I 07/19/2002 12:37, Victor 0. Schinnerer & Coniiiny PAGE 003 OF 004 Vim° Rhinnerer Lorifsimom Two Wisconsin Circle, Chevy Chase, Maryland 20815-7022 • 301/961-9800 • Fax 301/951-5444 Colleen Y. She3 A33:Ciate Account Executive CYS:adp • 4150-9150-5314-00 _ X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: Louise Schaper Library Name Division • STAFF REVIEW FORM March 19 2002 Urban Development Department ACTION REQUIRED: Approve contract with Robert Kohler for owner's representative services for the construction of the new Fayetteville Public Library. The amount to be paid to the owner's representative shall not exceed $3000 monthly. The contract will expire on the date of final completion of the building. COST TO CITY: $3,000/mo. for approx. 22-24 months Cost of this Request 4150-9150-5314-00 Account Number N/A Project Number $ 20 ,L1 lloC3 Categoty/Project Budget ?wr.3e-ils Funds Used To Date sicoobi Remaining Balance Professional services Category/Project Name New Libra Program Name Library Sales Tax Fund BUDGET REVIEW* X Budgeted Item Budget Coordinator N/A Budget Adjustment Attached Adminis-trativc Services Director CONTRACT/GRANT/LEASE REVIEW: AZISLQ- 57i /62 Manager Date c -)4114t___ 511/001._ City Attorney Date Purchasing Manager Date GRANTING AGENCY: Internal Auditor Date ADA Coordinator Date SrLECO MENDATION: taff recommends approval 0 2, Division Head Deptuirrumt Director live Service; Director tire" . trig" • Date 1)ate Cross Reference New Item: Yes No Prey Ord/Res Ong Contract Date: FAYETTEVILE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Louise Schaper, Fayetteville Public Library From: Heather Woodruff, City Clerk Date: June 12, 2002 Please find attached a copy of Resolution No.45-02 approving a contract for owner's representation services in conjunction with the construction of the new City Library with Robert Kohler, 111. The original will be microfilmed and filed with the City Clerk I am returning one of the original contracts to you. cc: Nancy Smith, Internal Audit Stephen Davis, Budget & Research 0 • FAYETTEVILLE City Clerk's Division 113 West Moimtain Fayetteville, Arkansas 72701 Phone 479-575-3323 Far 479-718-7695 • Emaikcityclerk®clfayetteville.a.us To: Louise Schaper, Fayetteville Public Library From: Heather Woodruff, City Clerk Date: April 29, 2002 In regards to Resolution No. 45-02, we have not received the revised contract for owner's representation services in conjunction with the construction of the new city library from Robert Kohler, Ill, which is needed to complete the file. Please reply and update us on this document. Thank you. 6_4_0k fits i(Lkaat Xota;JLIaao, -211At).dici gAIPA4 Heather Woodruff City Clerk 113 West Mountain Fayetteville, AR 72701 57543323 anal hwoodruffigcifityetteville.aran FAYE'TTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Louise Schaper, Fayetteville Public Library From: 1 -leather Woodruff, City Clerk Date: March 21, 2002 Please find attached a copy of Resolution No. 45-02 approving a contract for owner's representation services in conjunction with the construction of the new City Library with Robert Kohler, 111. The original will be microfilmed and filed with the City Clerk, Note: We are waiting on a "revised" contract. cc: Nancy Smith, Internal Audit Kit Williams, City Attorney