HomeMy WebLinkAbout117-04 RESOLUTION1
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AMENDMENT TO THE CONTRACT
BETWEEN
THE CITY OF FAYETTEVILLE AND ROBERT KOHLER III
This Contract Amendment, entered into this 3rd day
of Augus t 2004, by and between the City of Fayetteville, a municipal
corporation, hereinafter referred to as the "City," and Robert Kohler III.
WHEREAS, the City has engaged Robert Kohler III to serve as the City's
Owner's Representative during the construction of the new public library; and,
WHEREAS, difficulties with site geology, and frequent heavy rains have
combined to extend the project past the originally projected completion date, and
WHEREAS, the City desires that Mr. Kohler render Owner's Representative
services through to the completion of construction.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter provided, the City and Robert Kohler III agree as follows:
1. Professional Services. Robert Kohler III shall furnish Owner's Representative
services to the City through completion of construction of the new public library,
consistent with the terms and conditions set forth in the original contract dated
June 7, 2002, which is attached hereto and incorporated herein by reference.
2. Compensation. For the services provided by Robert Kohler III, the City shall
compensate Robert Kohler III as set forth in Paragraph 9 of the above-mentioned
original contract, but in no case shall the remaining compensation exceed
$9,000.00.
3. Non -waiver. It is agreed that the failure of any party to invoke any of the
available remedies under this Amendment or under law in the event of one or
more breaches or defaults by any party under the agreement shall not be
construed as a waiver of such provisions and conditions and shall not prevent
the parties from invoking such remedies in the event of any future breach or
default.
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4. Severability. Each paragraph of this Amendment is severable from all other
paragraphs. In the event any court of competent jurisdiction determines that any
paragraph or subparagraph is invalid or unenforceable for any reason, all
remaining paragraphs and subparagraphs shall remain in full force and effect.
5. Governing Law. This Amendment shall be interpreted according to and
enforced under the laws of the State of Arkansas.
6. Supplemental Nature of the Amendment. The parties agree and understand
that this Amendment is supplemental to the original Contract, and that it does
not alter, amend or abridge any of the rights, obligations, or duties of the parties
not expressly addressed herein.
IN WITNESS WHEREOF, the City and Robert Kohler III have executed this
Agreement on or as of the date first written above.
ROBERT KOHLER III
tp14 LW, iii
ATTEST:
CITY OF FAYETTEVILLE
, , By:
[ v
14/ _ —
SON L5RA SMITH, City Clerk ��.,`,ERWTRfgs;%,,DAN COODY, Mayor
�G,•cciY pc.G,P i
::-o. ' -A:
: FAYETTEVILLE • '-
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NAME OF FILE:
CROSS REFERENCE:
Date
Resolution No. 117-04
w/agreement
Document
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NOTES:
1
07/15/04
Staff Review Form
2
draft resolution
3
copy of Res. 45-02
4
copy of contract
5
Staff
Review Form
6
email to Louise Schaper
7
email to cpearman from Louise Schaper
8
email to Louise Schaper
g
email to cpearman from Louise Schaper
10
email to Louise Schaper
11
memo to Louise Schaper
12
13
14
15
16
17
NOTES:
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City Council Meeting of August 3, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Louise Schaper, Executive Director -Library
Date: July 15, 2004 '
Subject: Change Order to Contract with Robert Kohler III
RECOMMENDATION
Approve a resolution amending the contract for owner's representative services to be performed
in conjunction with the construction of a new city library with Robert Kohler III in the amount
not to exceed $9000.
BACKGROUND
This project is on budget. However, due to initial rock removal and the recent wet
weather, a minimum of a one to a maximum of a three-month extension is needed for
owner's representation services to complete the new city library. The original resolution,
No. 45-02, stipulated an amount not to exceed $72,000.00 at the rate of $3,000.00 a
month. This amount will be depleted with the payment for services rendered from July 6
through August 5.
Approval of this request is necessary to complete the project and ensure follow through
on all pending and punch list items, as well as any facilities equipment training needed.
DISCUSSION
Approval of this request is necessary to complete the project and ensure follow through
on all pending and punch list items, as well as any facilities equipment training needed.
Mr. Kohler has done an excellent job in performing the owner's representative function.
BUDGET IMPACT
No impact on the project budget.
Res .
s/3/o4
/17
Onfiract
trvis
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RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE
CONTRACT ENTERED INTO JUNE 7, 2002 WITH ROBERT
KOHLER III IN AN AMOUNT NOT TO EXCEED $9,000.00 TO
PROVIDE ADDITIONAL OWNER'S REPRESENTATIVE
SERVICES TO THE NEW FAYETTEVILLE PUBLIC LIBRARY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, here64
approves an Amendment to the Contract entered into June 7, 2002 with P��y Ct.#
Kohler III IN an amount not to exceed $9,000.00 to provide add•io "a'�l OvGner's
Representative services to the new Fayetteville Public�Lib r' JA copy if the
Amendment, marked Exhibit "A" is attached hereto aridImi de a part hereo4
PASSED and APPROVED this 3rd day of August 2004.
H k COODY, Mayor
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RESOLUTION NO, 45-02
A RESOLUTION TO APPROVE A CONTRACT FOR OWNER'S
REPRESENTATION SERVICPS IN CONJUNCTION WITH THE
CONS11tUCTION OF THE NEW CITY LIBRARY WITH ROBERT
KOHLER III IN THE AMOUNT NOT TO EXCEED $72,000.00 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
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APPROVED:
By:
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• • RES. -d2..
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 7"' day of June. 20021 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 21 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 appropriate notice to and approval
from the City and Library. Through services of Owner's 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 matenal suppliers except with full knowledge and
approval of the Contractor and Architect.
2.3. Owner's Representative pnmary 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.
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6/6/2002 1
3. DUTIES AND RESPONSIBILITIES
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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
mattersor 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 Owner's Representative after
review and consultation with the City and Library primary contacts, to the extent
contract authority has been delegated to the Crty and Library pnmary 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 rf 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 venfy that project management tools and
software, including the master project schedule, is in place, appropnately 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.
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6/6/2002 2
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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. 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
wntten, 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 pnmary 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
authontiesof 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
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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 descnbed 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.
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6/6/2002 4
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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 F : etteville
Dan Coody, Mayor
Attested By: 6t- ce.
Fayetteville Public Library
Louis Gottspon�dent
Attested by: t,yfl -.
RoJert Kohler Cgnsulting
(6I
Robert Kohler
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6/6/2002 5
X AGENDA RE
X CONTRACT REVIEW
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STAFF REVIEW FORM
v`J
For the Fayetteville City Council Meeting of: August3,2004
FROM:
Louise Schaper
Fayetteville Public Library
General Government
Divisign �� ckm tM / D /�.�n.=partment
�pttj 'T"'1 i .J
ACTION REQUIRED: Approve a eeto the contract with Robert Kohler 111 for owner's representation
services for the new city library in an amount not to exceed $9000.
Name
COST TO CITY:
9000,00
$ 8,000.00 $ 8,950,917 New Library
Cost of this request Category/Project Budget Program Category / Project Name
4150-9150-5804-00 $ 7,253,954 New Library
Account Number
Funds Used to Date Program / Project Category Name
99073-1 $ 1,696,963 Library Construction Fund
Project Number
Remaining Balance Fund Name
BUDGET REVIEW: X Budgeted Item
Date
udget Manager
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
4A�counti g Mana JE.!' e
� i Yom• 7�/ �
"�
Date
71i&1044 i/ ;S:z11..-theal0g
City Atto ney
Inter al Aud'1 or
Date
-P 1111a 104
Purchasing Manager Date
STAFF RECOMMENDATION:
L th
Division Head Date
Department D' ector
Financ & Internal Services Dir.
Cross Reference
New Item: Yes
Date Previous Ord/Res#:
7.— 0_ oft
Date
Date
Date
45-o a.
7/°;l F di
Orig. Contract Date 3119/02.
Orig. Contract Number
gn
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Staff Review Form - Page 2 •
Description Change order to the contract with Robert Kohler III. Meeting Date
Comments:
Budget Manager
Accounting Manager
City Attorney
AmottstAmet
(A MMA rl&edt
c;IClete aa- n .k).
Purchasing Manager
CR -
to
l,✓R., ca.v�- V
Internal Auditor
Finance & Internal Services Director
Chief Administrative Officer
Reference Comments:
Clarice Pearman - Amended Contract
From: Clarice Pearman
To: Schaper, Louise
Subject: Amended Contract
Page 1
The City Council passed a resolution approving an amended contract with Robert Kohler III. The contract
is not signed. Please let me know when I might expect to receive a signed contract to continue the
resolution processing.
Thanks.
Clarice
Clarice Pearman - RE Amended Contract •
Page 1
From: "Louise Schaper" <Ischaper@faylib.org>
To: "Clarice Pearman" <cpearman@ci.fayetteville.ar.us>
Date: 8/4/04 4:36PM
Subject: - RE: Amended Contract
Clarice, do you mean the original contract is not signed or the amendment? Louise
---Original Message ----
From: Clarice Pearman [mailto:cpearman@ci.fayetteville.ar.us]
Sent: Wednesday, August 04, 2004 2:51 PM
To: Louise Schaper
Subject: Amended Contract
The City Council passed a resolution approving an amended contract with Robert Kohler III. The contract
is not signed. Please let me know when I might expect to receive a signed contract to continue the
resolution processing.
Thanks.
Clarice
CC: 'Bob Kohler (E-mail)" <rck3@aol.com>, "Cathy Rew" <crew@faylib.org>
1 Clarice Pearman - RE: Amended Contract
From: Clarice Pearman
To: Schaper, Louise
Subject: RE: Amended Contract
The amendment to the contract passed by council on Aug. 3 was not signed.
Page 1
Clarice Pearman - RE: Amended Contract
From: "Louise Schaper" <Ischaper@faylib.org>
To: "Clarice Pearman" <cpearman@ci.fayetteville.ar.us>
Date: 8/4/04 5:43PM
Subject: RE: Amended Contract
I've asked Bob to go in and sign ASAP. Thanks for alerting me. Louise
--Original Message
From: Clarice Pearman [mailto:cpearman@ci.fayetteville.ar.us]
Sent: Wednesday, August 04, 2004 4:38 PM
To: Louise Schaper
Subject: RE: Amended Contract
The amendment to the contract passed by council on Aug. 3 was not signed.
Page 1
Clarice Pearman - RE: Amended Contract Page 1
From: Clarice Pearman
To: Schaper, Louise
Subject: RE: Amended Contract
Your welcome. You might let him know that the office will be closed between 12:00 and 1:30 today. That
way he won't show up here and no one be here for him to sign.
Thanks.
FAYETTOLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Louise Schaper
Fayetteville Public Library
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: August 9, 2004
Re: Resolution No. 117-04
The City Council passed a resolution, August 9, 2004, approving a contract amendment with Robert Kohler
1I1. 1 have attached a copy of the resolution and the contract amendment.
The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else
is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
• •
RESOLUTION NO. 117-04
A RESOLUTION APPROVING AN AMENDMENT TO THE
CONTRACT ENTERED INTO JUNE 7, 2002 WITH ROBERT
KOHLER III IN AN AMOUNT NOT TO EXCEED $9,000.00 TO
PROVIDE ADDITIONAL OWNER'S REPRESENTATIVE
SERVICES TO THE NEW FAYETTEVILLE PUBLIC LIBRARY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves an Amendment to the Contract entered into June 7, 2002 with Robert
Kohler III in an amount not to exceed $9,000.00 to provide additional Owner's
Representative services to the new Fayetteville Public Library A copy of the
Amendment, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 3rd day of August 2004.
ATTEST:
By:
aACC'E,\1Y ocI• •
U ••cn
73
;FAYETTEVILLE•
�%9s••R/fANSP. J'
4.1
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%%%% Will
SONDRA SMITH, City Clerk
APPROVED:
By: