HomeMy WebLinkAboutOrdinance 4230 ORDINANCE NO. -42-in
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR PROFESSIONAL SERVICES
WITH PORTOCO GROUP FOR THE FEASIBILITY STUDY
FOR THE BOTANICAL GARDEN SOCIETY OF THE OZARKS,
INC; APPROVAL OF A CONTRACT WITH PORTOCO GROUP;
AND APPROVING A BUDGET ADJUSTMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the City Council hereby waives the requirements of competitive
bidding for professional services with Protoco Group for the feasibility study for the Botanical
Garden Society of the Ozarks, Inc., for the reason that said requirements are neither practical nor
feasible. Portoco Group was hired by the Botanical Garden Society of the Ozarks to develop the
master plan as funds became available and has performed services in earlier phases of the project.
The City's participation is as a part of the matching grant program award from the Arkansas
Department of Parks and Tourism.
Section 2. That the contract for services for the feasibility study for the Botanical
Garden Society of the Ozarks, Inc., is hereby awarded to Portoco Group in an amount not to exceed
$21 ,895 .40, and the Mayor and City Clerk are hereby authorized to execute said contract. A copy
of the contract is attached hereto as Exhibit "A" and made a part hereof.
Section 3 . That a budget adjustment is hereby approved. A copy of the budget
adjustment is attached hereto as Exhibit `B" and made a part hereof.
PASSED AND APPROVED this 7b day of March , 2000.
APPROVED:
By: l'40 v
Fr6A Hanna, Mayor
ATTEST:
By:
Heather Woodruff, CityCl
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
5 oo D z 3
/ / v
-4 D
EXHIBIT A
EX�I
Standard Form of Agreement Between ealoyT
Owner and Architect for Special Services
AIA Document B727 = Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401 .
Recommended for use with current editions of standard AIA Agreement forms and documents.
Copyright 1972, 1979, 1988 by The American Institute of Architects, 1735 New York Avenue N.W., Washington D. C., 20006-5292. Reproduction of the material
herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the U.S. and will be subject to legal prosecution.
AGREEMENT
made as of the Second day of February intheyearofNi eteeniltvidiedand Two Thousand
BETWEEN the Owner:
(Name and address)
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
and the Architect:
(Name and address)
Portico Inc.. d/b/a The Portico Group
217 Pine Street. 2nd Floor
Seattle Washington 98101 - 1500
Federal Tax ID No. 91 - 1577875
For the following Project:
(include detailed description of Project, location, address and .scope.)
Feasibility study services for the Botanical Garden of the Ozarks. Fayetteville. Arkansas
The Owner and the Architect agree as set forth below.
M
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AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can he reproduced without violation until the date of expiration as noted below.
Electronic Format B727- 1988
User Document: OZARKS -- 2/17/2000. AIA License Number 112807, which expires on 4/30/2000 -- Page #1
ARTICLE 1
ARCHITECT'S SERVICES
(Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of
compensation to be used, if applicable, as provided in Article 8.)
Feasibility study services _& detailedjp_lk Botanical Garden_Qf_l7g Ozarks. Feasibilty Analysis Components dated November
1999 marked as Exhibit A. attached and made a part hereof.
AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727- 1988
User Document: OZARKS -- 2/17/2000. AIA License Number 112807, which expires on 4/30/2000 -- Page #2
•
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 2 aibitratien-he ninde-afterthe-date ohe t mstitatfen ofiega+-or
OWNER'S RESPONSIBILITIES egttitable preeeedings based-on-siteh ehrint, dispute-er ether
maHer_m question would-be-bat red-bytheapplicable statutes-
2.1 The Owner shall provide full information regarding of linlitatoolls.
requirements for the Project. The Owner shall furnish
required information as expeditiously as necessary for the 4.3
orderly progress of the Work, and the Architect shall be shat+ -inelude , ce isolidatio I, joindet -tyr in a^Y oil e
entitled to rely on the accuracy and completeness thereof. niamier an addi6o $} peison -iftr -entity stat a -party to this-
int' eft -by written consent eentaimmga speeifie
2.2 The Owner shall designate a representative authorized to
referencetothisintsigned-bythe6wmr, A ehdeet-
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render arbitratianiwafwinganadd
nitieasl veisen-er-emityshall not
decisions in a timely manner pertaining to documents rbitration of any
submitted by the Architect in order to avoid unreasonable described in it e '
delay in the orderly and sequential progress of the Architect's a perso -ar entity trot framed -er described n ibed therei . - The
services. foregoing agreement to arbitrate wad other agreements -te-
arbitrate � iffi an additional person m e rtity duly cc se led to
b' t
ARTICLE 3 he to -this his Agicei ent shaft +c speeifieaHy-
-cn fmceab'e -in neeerdanee -with applicable -law -in -any tanrt-
USE OF ARCHITECT'S DOCUMENTS hatingjaii3diction thereof.
3.1 The documents prepared by the Architect for this Project 4.4 Theaward lende ed-bythearbitrater-erarbitrators shall
are instruments of the Architect's service for use solely with
respect to this Project and, unless otherwise provided, the be-ftaaFandyvdgrneru-mayire-entered upt) tittntteevrdance
Architect shall be deemed the author of these documents and with applicable hkA ill ally Mail! ha. ingjurisdietio, thereerf.
shall retain all common law, statutory and other reserved
rights, including the copyright. The Owner shall be permitted
to retain copies, including reproducible copies, of the ARTICLE 5
Architect's documents for the Owners information, reference TERMINATION OR SUSPENSION
and use in connection with the Project. The Architect's 5.1 This Agreement may be terminated by either party upon
documents shall not be used by the Owner or others on other not less than seven days' written notice should the other party
projects, for additions to this Project or for completion of this fail substantially to perform in accordance with the terms of
Project by others, unless the Architect is adjudged to be in this Agreement through no fault of the party initiating the
default under this Agreement, except by agreement in writing termination.
and with appropriate compensation to the Architect.
5.2 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
ARTICLE 4 seven days' written notice to the Owner, suspend performance
ARBITRATION of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
4.1 notice, the suspension shall take effect without further notice.
partiestothin
Ag tic tastrigoutofor aeFatingtotfns- In the event of a suspension of services, the Architect shall
flgreemetftor bicaehthereo€shafl-besubleettaanddecided- have no liability to the Owner for delay or damage caused the
by on -in i"'`ttrdi `r`e -with -the eO13ittedo.. -l ..17..yOwner because of such suspension of services.
Arbitration -Rules -ef the -A I ei ien I At bitration Assaeiatiea-
5.3 In the event of termination not the fault of the Architect,
the Architect shall be compensated for services performed
prior to termination, together with Reimbursable Expenses
4.2 Atlemand ler arbitration shall be made -wrdtra a then due and all Termination Expenses as defined in
rcase table trine -after -the rl'mm' dispute -or othermatter m Paragraph5.4.
gaestien -f
-has arisen. - a -no etc t shall the -de--. d ler
AIA DOCUMENT 8727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON U.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was elecvonically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727- 1988
User Document: OZARKS -- 2/17/2000. AIA License Number 112807, which expires on 4/30/2000 -- Page #3
• PARIENTS TO THE ARCHITECT
5.4 Termination Expenses shall be computed as a percentage
of the compensation earned to the time of termination, as 7.1 DIRECT PERSONNEL EXPENSE
follows: 7.1 .1 Direct Personnel Expense is defined as the direct
.1 For services provided on the basis of a multiple of salaries of the Architect's personnel engaged on the Project
Direct Personnel Expense, 20 percent of the total and the portion of the cost of their mandatory and customary
Direct Personnel Expense incurred to the time of contributions and benefits related thereto, such as employment
termination; and taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions, and similar contributions
.2 For services provided on the basis of a stipulated and benefits.
sum, 10 percent of the stipulated sum earned to the
i7.2 REIMBURSABLE EXPENSES
time of termination.
7.2.1 Reimbursable Expenses xre -in addition -to -thr
A-rehiteet's compensation-and ine{nde expenses -ineuried -br
ARTICLE 6
MISCELLANEOUS PROVISIONS interest of the Projeet fes .
6.1 Unless visna-wise provided, this Agreement shall +e-
govemed-byy�thodawe€-thee, neipalplaee of business-of the- •1 expense -ef oith eut oftbor' Iand el atit tixpeos`s he
corrncciiorr -�virr"'crvv
Arehiteet. 6wner•
6.2 Causes of action between the parties to this Agreement 2
long distance cominuni
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statute of limitations shall 3 feespaidior-seearirtg-approval-afittttherilies-having
-
commence to run not later than the date payment is due the jtt isdietio met tie Project
Architect pursuant to Paragraph 8.4. '
6.3 The Owner and Architect, respectively, bind themselves, .4 teptodtietio s'
their partners, successors, assigns and legal representatives to 5 postage and handling oFdoetinients
the other party to this Agreement and to the partners, '
successors, assigns and legal representatives of such other 6 exPe^se of -overtime -work tequi ing wgl ei than
party with respect to all covenants of this Agreement. Neither
Owner nor Architect shall assign this Agreement without the '
written consent of the other. ,7 renderi igs and models requested b) the E) o ..eT-,
6.4 This Agreement represents the entire and integrated ,8 expensevfadditional coverage. -or iimitrinelnding
agreement between the Owner and Architect and supersedes Vial -liability instnanet tequested +y, the-
all prior negotiations, representations or agreements, either Avner -M excess -of that noinially ent ded iry the-
written or oral. This Agreement may be amended only by Architect and the Ate ee - e istiltants, -nd-
written instrument signed by both Owner and Architect.
6.5 Nothingcontained in this Agreement shall create a 9 se cc
n -and �
g equip tie time -when rased in eonnectien -with the-
contractual relationship with or a cause of action in favor of a Pmt.
third party against either the Owner or Architect.
7.3 PAYMENTS ON ACCOUNT OF THE
6.6 sinless otherwise provided in this Agreement t She ARCHITECT'S SERVICES
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal 7.3.1 Payments on account of the Architect's services and
or disposal of or exposure of persons to hazardous materials for Reimbursable Expenses shall be made monthly upon
in any form at the Project site, including but not limited to presentation of the Architect's statement of services rendered
asbestos, asbestos products, polychlorinated biphenyl (PCB) or as otherwise provided in this Agreement.
or other toxic substances.
7.3.2 An initial payment as set forth in Paragraph 8. 1 is the
minimum payment under this Agreement.
ARTICLE 7
AIA DOCUMENT 8727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C.- 20006-5292.: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727- 1988
User Document: OZARKS -- 2/17/2000. AIA License Number 112807, which expires on 4/30/2000 -- Page #4
7.4 ARCHITECT'S ACCOUAG RECORDS the Owners authorized representative at mutually convenient
times.
7.4.1 Records of Reimbursable Expenses and expenses
pertaining to services performed on the basis of a multiple of
Direct Personnel Expense shall be available to the Owner or
ARTICLE 8
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
8.1 AN INITIAL PAYMENT OF Zero Dollars ($ 0 . 00 ) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1 , Architect's Services, shall be computed as
follows:
(Insert basis of compensation, including stipulated sums multiples or percentages, and identify the services to which particular methods of compensation apply, if
necessary.)
A lump sum fixed fee for professional services of Twenty One Thousand Eight Hundred Ninety Five and 40/00 Dollars ($21 .895.40)
inclusive of all expenses and third party costs.
8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable
Expenses, a multiple of ( ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of
the Project. - Compensation _fa normal _aa{j customary reimbursable expenses -i5 providedsum fixed -kg identifiedjn-
Paragraph 8.2.
8.4 Payments ate-due-andpayable- ( ) days-frem-die-date-ef-the Arehiieet's invoice.--Amonnls-u tpaid ( ) days-xfter4re-
invoice date ahall beat i ite est at the rate entered below, or in the absenee thereof-, ent I! e legal ate Inemiling ho it tirre to little at tile
(insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, ,similar .state and local consumer credit latus and other regulations at the Owners and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained
with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.)
8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be
equitably adjusted.
ARTICLE 9
OTHER CONDITIONS
9.1 The Owner agrees that a Purchase Order will be issued encumbering funds for this Project as described above within two week
of the approval date (approval date is the date contract goes to council).
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
(Signature) (Signature)
1-48-6 IMAJ41 A7 Ayr7/e Timothy L. Nicoulin. Chief Financial Officer
(Printed name and title) (Printed name and title)
AIA DOCUMENT 8727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B727- 1988
User Document: OZARKS -- 2/17/2000. AIA License Number 112807, which expires on 4/30/2000 -- Page #5
, SRN-25-00 03 : 15 PM ELLEN BEELER 5014422968 P . US
6; 4� A ( At p��)
Botanical Garden of the Ozarks
Feasibility Analysis Components
Dean Runyan Associates
10 November 1999
Ilow the study will be utilized
This study will be an important component of a master planning effort for the Garden .
Its findings will help assure that there is a market for the Garden and that the garden
can be operated in a cost-effective manner once it opens.
The project has the advantage that the feasibility analysis will be conducted in parallel
with the master planning effort, allowing the economic analysis to directly inform and
help guide the Garden design process . For example, die analysis of markets and
demand will help determine the most suitable components to include in the garden , and
what their scale should be. Similarly the financial analysis will help determine what
revenue-generating components should be included in the garden design .
Qualifications
Dean Runyan Associates (DRA) was founded in 1986 to specialize in economic and
market research related to recreation, education and tourism. DRA often participates
on master planning teams in order to provide an economic and business component to
the project, and in particular to assist with planning for a facility that is as financially
successful as possible.
Specific projects that relate closely to the proposed project include economic and
financial analysis for the Washington Park Arboretum in Seattle. This project, which
we completed with the Portico Group, involved analyzing demand for the facility,
preparing detailed revenue and cost projections , developing a multi-phase staffing plan ,
and preparing preliminary operating budgets for three phases of development. Potential
revenue sources included admissions, parking, retail sales, educational activities ,
special events and donations , as well as support from two government agencies and a
private foundation.
The Oregon Garden is a major display garden and research facility now under
construction near Silverton in the central Willamette Valley. We analyzed site
requirements for the facility and trade a site recommendation, projected attendance and
other elements of demand , developed a preliminary operating budget and discussed the
economic impacts of the facility.
JAN-25-00 03 : 16 PM ELLEN HEELER 5014422968 P . 04
DRA has also prepared financial projections and plans for a number of museums ,
interpretive.ceniers , zoos , aquariums and recreation destinations . Most of these
projects involve analyzing demographic trends and making specific attendance and
financial projections . A project list appears in the Appendix_
ARA also specializes irr analyzing and planning for tourism development and has
prepared a number of tourism studies and master plans, including a tourism master plan
for Alaska, another for North Dakota, and economic studies for state tourism
departments in California, Washington, Oregon, Texas, Colorado, Idaho , Alaska and
North Dakota.
Procedures
Task l : Market Analysis
This task describes the primary visitor market for the proposed facility and provides
very important information for purposes of projecting potential demand for a new
facility . This analysis will be based in pan on data collected from comparable
facilities, travel- and tourism-related sales data, and other information useful for
documenting the growth and significance of Arkansas travel and tourism .
This task also involves identifying arid contacting a selection of six to eight comparable
garden facilities , gathering information on:
• Visitor origin , demographics and other characteristics
Visitor attendance and seasonal variations
• Facility, site and area use patterns , including access, traffic patterns , attendee
length of stay, seasonal and other use patterns , associated activities of visitors ,
etc.
Anticipated plans for expansiun , changes in interpretive programming, and/or
new cooperative arrangements with other facilities
• Any data on economic benefits to local and regional areas
A second facility category includes attractions in the local arca and elsewhere in
Arkansas , such as museums, recreation sites , commercial attractions , visitor
information sources , campgrounds, etc . , which can provide useful data regarding
visitor origin, seasonality and other factors important for preparing attendance
forecasts.
A visitor use forecast will be prepared for the Garden in order to guide facility
tanning. This forecast will specify the seasonal , day-of-die-week, and hourly
i at'ons for
. . , Lki,
P
lanning. Phis forecast will specify the seasonal , day-0t-Lnc-wcch1 for L2
attendance distributi,� and in particular will include peak pe specifications
purposes of sizing bland
parking lots and other facilities.
Forecasts will be prepared using a well-established and methodologically justifiable
approach , based on:
current seasonal patterns of recreation and travel
• existing and projected demand from local , regional and national markets
existing and projected penetration of anticipated markets
• projected market area trends , including population growth , income and
recreation activity
Task 3: Economic Feasibility Analysis
Revenue projections will be prepared from attendance projections and other operational
data. These revenues will then be compared with projections of operating costs , as
determined through analysis of a) previous operating cost estimates of the facility and b)
the operating costs of comparable facilities . Staffing is typically a primary cost item for
Ip"facilities such as the Garden and will be considered carefully , including the potential for
using volunteers and interns .
The results of the revenue and cost analysis will be summarized in the form of a five-
year pro forma financial analysis showing cash flow and profit/loss.
Cost Estimate for BGSO Feasibility Study
Task Cost Mark-up Total Task Total
Phase 2
Labor 10,880.00 1 .03 11 ,206.40
Expenses 2,000.00 1 .03 29060.00 13,266.40
Prep for Document 41000.00 1 .03 4,120.00 49120.00
Project Coordination
Masterplan Coordination/Per Day 800.00 4 31200.00
Consultant Coordination/Per Day 1 ,000.00 0.5 500.00
Expenses 300.00 1 .03 309.00 41009.00
Printing 500.00 500.00
Total Cost of BGSO Feasibility Study 21 ,895.40
. City of Fayetteville, Arkansas • 'e. `V �JT �TT Lf
Budget Adjustment Form /L t`AAI 1 .tl B
Budget Year Department: Public Works Date Requested Adjustment #
2000 Division: Parks & Recreation March 7 , 2000
Program: Parks Administration
Project or Item Requested: Project or Item Deleted:
Funding is requested for a matching grant to conduct a tourism None. Recognition of a state grant and use of fund balance is
feasibility study for the Botanical Gardens of the Ozarks at proposed for this adjustment. 6-X11
Lake Fayetteville.
Justification of this Increase: Justification of this Decrease:
The City has been awarded a state grant to conduct a tourism Sufficient funds exist in fund balance to fund this request and
feasibility study for the Botanical Gardens of the Ozarks at comply with City policy.
Lake Fayetteville. The state grant requires a city match.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Architectural Services 21 , 896 1010 5200 5314 03
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
State Grants 10 , 948 1010 0001 4302 00
Use of Fund Balance 10 , 946 1010 0001 4999 99
Approval Signatures Budget Office Use Only
Requested By Date Type: A B C E
2 - /J - 2crx]
Budget M nager Date Date of Approval
Department Director Date Posted to General Ledger
F�1
Admin. Services Director Date Posted to Project Accounting
Mayor Date Entered in Category L
Blue Copy: Budget & Research / Yellow Copy: Requester H:\BUDGE7\PROJECT51OTHER\ba_200O\BG0_BA. WK4