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HomeMy WebLinkAbout34-96 RESOLUTIONCity of7ayettevllle,Arkansas - Budget Adjustment Form Budget Year Department: General Govemment 1996 ivision: Miscellaneous Program: Date Requested 02/26/96 Adjustment t✓ Project or Item Requested: Funding is requested for professional services to assist in developing and marketing the Research & Technology Park. Project or Item Deleted: None. Use of Unreserved Fund Balance and Reserved Fund Balance is proposed for this adjustment. Justification of this increase: The professional services are needed to provide for the development of the Research & Technology Park. Justification of this Decrease: Unreserved General Fund Fund Balance is greater than projected for the end of 1995 and Reserved Fund Balance in General Fund is from funds returned to the City from the Economic Development contract with the Chamber of Commerce. Increase Account Name Amount Account Number Project Number 184,500. 1010 6600 5314 00 95075 10001 Professional Services Decrease Account Name Amount Account Number _ Project Number Use of Fund Balance 184,500 1010 0001 4999 99 Approval Signatures Departm nt Director Admin. S Mayo C:\AP ' \96BUD\R&TPARK. W K3 Budget Office Use Only Type: B C D Date of Approval Posted to General Ledger Entered in Category Log F Budget Office Copy • • CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND HAMMER, SILER, GEORGE ASSOCIATES, INC. EXHIBIT A THIS CONTRACT, entered into as of this 5f4 day of March 1996, by and between The City of Fayetteville, Arkansas (hereinafter referred to as The City) and Hammer, Siler, George Associates, Inc., a corporation organized and existing under the laws of the State of Georgia (hereinafter referred to as HSGA) is executed in the State of Arkansas and shall be governed by its laws. WITNESSETH THAT: WHEREAS, The City has identified properties for the development of a research park; and WHEREAS, The City desires to commission a master planning and feasibility study; and WHEREAS, HSGA represents that it is qualified to undertake such studies; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Article I. SCOPE OF SERVICES All services under this contract shall be carried out in accordance with the Scope of Services which is attached as Exhibit A and made a part of this contract. HSGA's conclusions will be based on facts and circumstances existing at the time the work is performed. Any changes in facts and e. circumstances could affect the results or conclusions provided to the client. Article II. MEETINGS AND PRESENTATIONS HSGA will present its findings at meetings with The City and others designated by The City. Article III. TIME OF PERFORMANCE HSGA shall begin work under this agreement within ten (10) days of notice to proceed and shall complete Phase I within ten weeks. Phases II & III shall not begin until separate written approval is given by the City. Article IV. COMPENSATION The City will pay HSGA the sum of Thirty-five Thousand and Four Hundred Dollars ($35,400) which shall constitute full and complete compensation for HSGA's services for the completion of Phase I, hereunder, including all costs and consultant services, out-of-pocket expenses, preparation and submission of 12 copies of a working paper. For informational purposes only, it is noted that the cost of Phase II, which must be authorized separately in writing, would be $73,500; and the cost of Phase III, the individual components of which must be authorized in writing, would be $66,700. • Article V. METHOD OF COMPENSATION Payment will be made to HSGA upon receipt of monthly invoices based on the estimated percent of work completed. Article VI. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions attached as Exhibit B are in integral part of this contract. IN WITNESS WHEREOF, the parties hereto have set their respective hands as of this Skh day of hnarc./ , 19 96. ATTEST: ATTEST: L •1 • !s aN `e• HAMMER, SILER, GEORGE ASSOCIATES, INC. By CA-----67aPt2 THE CITY OF FAYETTEVILLE, ARKANSAS By Exhibit A. Consultant Scope of Work The consultant work under this contract will be carried out in three phases. The signing of this contract by the City of Fayetteville would authorize the consultants to complete Phase I, Market Potentials and Development Program. Separate written authorization will be required to action Phase II, Master Plan and Financial Analysis, and for Phase 111, Development and Marketing Strategy. Separate authorization will be made for each of the individual parts of Phase III. Phase I will evaluate the market potential for the park and estimate the amount of development of various types which could be absorbed on the subject property by the market, assuming a quality development and marketing effort; and make a basic site • analysis. Phase II will prepare a master plan for the park and carry out the financial analysis. This scope may change at the conclusion of Phase I and before authorization of Phase II. Phase III will carry out the special analysis and make recommendations important to successfully carry out the development and marketing of the park. This scope may change at the conclusion of Phase I and/or Phase II, and before authorization of Phase III. Phase I. Market Potentials and Development Program A. Discussions with potential users. • Mail and telephone survey of existing technology companies in Genesis and elsewhere in the Fayetteville region. • Survey corporate research contacts of existing Fayetteville researchers to determine their company plans and their potential interest in a location proximate to the University of Arkansas' research strength. Hammer, Siler, George Associates • rid • Survey a sample of national and international research -oriented firms. • Survey technology faculty for interest and plans for company formation. • Focus the survey on current size and activities, plans, and interest in a research park location. B. Experience of research parks of similar size and nature. • Hammer, Slier, George Associates has data in its files on market absorption experience of comparable research parks, and its relationship to research strength and other important locational factors. • Comparable University of Arkansas research strengths would be assessed. • Probable floor space absorption ranges would be projected. C. Evaluation of current and projected supply of competing space in the region and short term and longer term industrial/R&D absorption experience in the region. • Access Fayetteville Chamber data . • Access data from commercial/industrial brokers. • Interview developers and development agencies, including the Arkansas Development Commission. D. Develop estimates of probable land and floor space absorption by type of tenant and type of space. • Test the other research park marketing based floor space absorption projections against the results of the potential user survey. • Determine the impact on these forecasts of the absorption experience and existing and future supply data. • Make final floor space absorption forecasts. Hammer, Siler, George Associates E Analyze recent (last five year's) absorption of office, industnal and residential space in the Fayettville market and this sector of the market, based on available data. • Total absorption • Most successful projects • Most important locational factors F. Project the amount of space for these other uses which could be marketed . as a part of a research park project. G. Estimate retail potentials for the property if developed as a research park/mixed use project. H. Recommend a development program for the property for planning and financial testing in Phase 11. I. Assess available site data and previous site planning work and provide a determination of the strengths and weaknesses of the site for the proposed development program. J. Prepare a working paper presenting the conclusions from this analysis and the supporting analysis. Phase II. Master Pian and Financial Analysis (To be carried out only after specific written authorization) A. Complete data collection and analysis. Data analyzed will include: topography, soils/geology, drainage/wetlands, vegetation, views, vehicular access, utility infrastructure, land use/zoning, historic/archeological and easements and rights of way. • Present the data to focus on the characteristics essential to the successful development of the park. B. Prepare alternative master plans • Development three alternative concepts for the site, based upon the program prepared in Phase I. Hammer, Siler, George Associates • Provide a complete land account, showing the land area and potential building area for each of the parcels within the park property. • Develop preliminary infrastructure cost estimates for each alternative. C. Market and financial assessment and recommendations. • Recommend the preferred use and alternative uses for each development parcel. • Recommend a first phase development area or areas for each alternative, and the order and probable timing for each parcel. • Determine the probable relative financial feasibility of each plan alternative. D. Prepare the preferred master plan. • Refine the best features of the alternatives into one preferred master plan. • Provide preliminary infrastructure cost estimates. • Provide preliminary phasing plan. E. Prepare the development site plan for the first phase of the park. • Prepare specific plans for initial development implementation suitable for submission to the relevant jurisdictions for the required development approvals. • Revise and refine the building program, infrastructure costs and amenities. F. Carry out financial feasibility analysis. • Calibrate the project financial model with development costs from the planning work and revenue estimates from the market analysis. • Run the financial model to determine project cash flow, cash requirements and feasibility. Hammer, Siler, George Associates • • a, • lI • Suggest changes which will optimize the financial results. • Run the model to test the impact of these changes. G. Social, Economic and Environmental Impact of Developing the Park. Phase III. • Data on the actual impacts of comparable research park projects would be accessed. • Data on the actual impacts of mixed-use projects in the Fayetteville area will be accessed • The master plan and financial feasibility task output will be used to describe the probable development scenario for the park • The impacts of development of the park in terms of jobs, payroll, ratables, total tax revenues, public operating and capital costs and other economic and financial measures will be estimated. • Any negative environmental impacts, and the strategies. proposed for addressing them, will be estimated. Prepare Phase I/Phase II Report. • Prepare the draft text. • Prepare report graphics. • Submit the draft report. • Hold client/consultant workshop. Development and Marketing Strategy (To be carried out only after specific written authorization) A. Recommended Relationship Marketing Program Which Builds On Existing Research Community Contacts With Potential Tenants. Proposed Approach: • Identify the key research and development staff and the University and private businesses in the community. Hammer, Siler, George Associates • • Survey these research folks and build an inventory of all corporate contacts which these individuals have built up over the years. • Prepare a contact strategy and a contact package. • Assist the Chamber marketing staff in getting underway with this important part of the research park's marketing effort to bring in firms from out of town. B. Recommend the Approach Which Will Best Integrate The Research Park Effort Into the University's Total Research Strategy. Proposed Approach: • Carry out in-depth interviews with University research administrators and well funded research faculty to determine the characteristics, strengths and weaknesses of the existing University research and technology transfer strategy. • From the HSGA research park data base, draw data on how other universities have integrated active participation in a research park with their total research strategy. • Recommend any changes in the strategy, or the implementing policies and programs which would have important positive implications for the probable success of the research park. • Determine through discussions with University officials the probability and circumstances under which these changes could be made. C. Recommended University Policies and Practices Required to Create a "Value Added" for Potential Research Park Tenants. Proposed Approach: • Draw from the Surveys of research park tenants and research park marketing people, the kinds of access to facilities, potential for interaction with researchers and research efforts, faculty release time, refocus of research efforts and other factors, which have proven most important to research park marketing efforts • Compare the present actual situation at Arkansas/Fayetteville with the practices at these most successful comparable research parks Hammer, Siler, George Associates • • Prepare recommendations for changes which would better support the park, and review these with University officials. • Recommend those changes which are important and feasible within the University structure. D. Recommend Financing Approaches for Operations, Site Improvements, Marketing and Building Construction. Proposed Approach: • Draw on the HSGA experience and data base on how successful research parks have met these financing needs. • Explore specific financial resources availabilities in the Fayetteville situation from local, state and federal government, developers and other private sources, tenants and others. Design Guidelines. • Prepare design guidelines for the entire project architecture, landscape, signage, lighting and roadway standards. • Submit for client review. • Revise as necessary to final draft. F. Marketing Graphics Package. • Prepare signage and graphics, and identify concepts for initial development. • • Prepare illustrative master plan and renderings suitable for publication and distribution Proposed Performance Time and Costs Phase I. Market Potentials and Development Program Proposed Timing: Ten weeks from contract signing. Proposed Cost: $35,400 Hammer, Siler, George Associates Phase 11. Master Plan and Financial Analysis Proposed Timing: Seventeen (17) weeks after receiving notice to proceed, following Phase I. Proposed Cost: $73,500 Phase 111. Development and Marketing Strategy Proposed Timing: Twelve (12) weeks after receiving notice to proceed, following the completion of Phase 11. Proposed Cost: A. Relationship marketing program $5,500 B. Integration/overall research strategy $6,800 C. Value added strategy $7,200 D. Financing approaches $4,700 E Design guidelines $23,000 F Marketing Graphics $19,500 Hammer, Siler, George Associates • EXHIBIT B CONTRACT STANDARD TERMS AND CONDITIONS • • • 1. Entire Agreement. This Agreement constitutes the entire agreement of the parties and the same may not be amended or modified orally. All understandings and agreements heretofore had between the parties are merged in this agreement, which alone fully and completely expresses their understanding. 2. Waiver; Partial Invalidity. Failure of either party to exercise any power or right granted hereunder shall not constitute a waiver of that party's right thereafter to demand compliance with the terms hereof, and if any clause or provision hereof is determined by a court of competent jurisdictions to be invalid, illegal or incapable of being enforced by reason of any rule of law or public policy, that clause or provision shall be deemed severablefrom the remaining provisions of this agreement, and all other conditions and provisions shall remain in full force and effect and binding on the respective parties to this agreement. 3. Notices. All notices to be given to the parties hereto shall be in writing unless otherwise stated. The date of notice shall be deemed, when notice is mailed, to be the date of mailing so long as the Postal Service certified actual delivery; a refusal of a registered or certified notice shall constitute actual delivery hereunder. (a) To HSGA (b).To Other Party: Mr. Vernon George President Hammer, Siler, George Associates 1111 Bonifant Street Silver Spring, Maryland 20910 • 4. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an.onginal, but all of which together shall constitute one and the same instrument. 5. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing executed by the parties hereto. 6. Successors. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective successors, personal representatives, and assigns. • 7. Termination. If this Contract is terminated by The City, notice shall be given in writing to HSGA Termination shall be effective upon receipt of notice. The City shall pay HSGA for its services rendered until receipt of notice of termination. This Contract may be terminated by either party because of the breach of the other at any time by notice in writing. Termination will be effective upon receipt of notice. 8. Jurisdiction. Regardless of where executed by the parties, this Agreement is acknowledge to have been made in Arkansas, and in any dispute hereunder the laws of Arkansas shall apply. 9. Timely Payment. Payment to HSGA is due upon receipt of invoice and shall be considered overdue after 30 days. If The City fails to make timely payment, it shall be a material breach of this Agreement. If such failure is not cured within 10 days of notice to The City, HSGA may stop work until the account is brought current and The City has made a deposit against future work in a reasonable amount as determined by HSGA 10. Ownership of Documents. All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the City. HSGA may retain reproduced copies of drawings and copies of other documents. *if • 11. Subcontracting. Subcontracting by HSGA of any of the services provided herein, other than the subcontract with EDAW, Hailey/Amirmoez, Brown & Kenner or Eva Klein as attached to this agreement shall require prior approval by the City. 12 Access to Records. HSGA and any subcontractor are to maintain all books, documents, papers, accounting records, and other evidence at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under this contract. 13. Miscellaneous Provisions. 1. Dispute resolution - Any dispute concerning a question of fact in connection with the work shall be referred for determination to the Mayor of the City of Fayetteville whose decision in the matter shall be final and conclusive. 2. Responsibility for Claims & Liability - HSGA shall hold harmless the City from all claim and liability due to its activities, or those of its subcontractors, its agents, or its employees during the time this contract is in force. 3. General Compliance with Laws - HSGA shall comply with all federal, state & local laws and ordinances applicable to the work HSGA shall be a professional engineer or architect, licensed in the State of Arkansas 4. Engineers and/or Architects Endorsement - HSGA shall endorse and recommend all plans, specifications, estimates and engineering and/or Architectural data furnished. All designs shall be checked in accordance with accepted engineering and/or architectural practices. 14. Successors & Assigns. The City and HSGA each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this agreement, except as above, neither the City nor HSGA shall assign, sublet or transfer its interest in this agreement without wntten consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. ., , STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: Peggy Vice Purchasing Name Division Res.3c/-9‘ Eammeri S,'/cr/ Georgc Ga n-Fr461 /'nas/e' P/ II -as -14 pL, rc / Ai e. ^,J° Administrative Services Department ACTION REQUIRED: Approve contract with Hammer, Consulting Services related to Phase II - Master in the amount of $54,900. COST TO CITY: $54,900 Cost of this Request 1010-6600-5314.00 Account Number 95075-0001 Project Number $184,500 Category/Project Budget $ 35,400 Funds Used To Date $149,100 Remaining Balance Siler, George & Assoc. For Plan and Financial Analysis Professional Services Category/Project Name Miscellaneous Program Name General Fund BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Budge Coordinator Administrative Services Director CONTRACT/GRANT/LEASE Accountin REVIEW: GRANTING AGENCY: ty Attorn s 6 Purchasing Manager Date Inaernal Auditor /-z?'9' Date ADA Coordinator it -a\ 9(0 Date Date Date STAFF RECOMMENDATION: Division Head Department Director Staff recommends approval. Admi strativel\Services Director or 4 Ma Date Date Cross Reference New Item: Yes No Prev Ord Res 3`/-9� Orig Contract Date: FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Contract Review Committee & Mayor Fred Hanna THRU: Ben Mayes, Administrative Services W Director FROM: Peggy Vice, Purchasing Manager ?PM fl 1 M DATE: November 21, 1996 SUBJ: Contract with Hammer, Siler, George & Assoc Attached is a proposed contract with Hammer, Siler, George & Associates with regard to the Research Park Project. This item was approved by the Council for Phases I, II & III. Phase I has been completed and this contract is for Phase II.. Phase II scope and contract price has been renegotiated to $54,900, instead of the original estimated $73,500. • RESOLUTION NO. 34-96 A RESOLUTION APPROVING A CONTRACT WITH HAMMER, SILER, GEORGE & ASSOCIATES FOR CONSULTING SERVICES FOR PHASE I - MARKET POTENTIALS AND DEVELOPMENT PROGRAM IN THE AMOUNT OF $35,400; AND TO ALLOW THE SELECTION COMMITTEE AND STAFF TO APPROVE PHASE II - MASTER PLAN AND FINANCIAL ANALYSIS IN THE AMOUNT OF $73,500; AND PHASE III - DEVELOPMENT AND MARKETING STRATEGY IN THE AMOUNT OF $66,700; AND APPROVAL OF A BUDGET ADJUSTMENT. C/ • • triev i"I -a pi BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L The City Council hereby approves a contract with Hammer, Siler, George & Associates for consulting services to develop and market the Research and Technology Park, Phase I - Market Potentials and Development Program, in the amount of $35,400; and authorizes the Mayor and City Clerk to execute said contract, and to allow the Selection Committee and staff to approve Phase II - Master Plan and Financial Analysis, m the amount of $73,500; and Phase III - Development and Marketing Strategy, in the amount of $66,700. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City council hereby approves a budget adjustment in the amount of $184,500 increasing Professional Services, Acct. No. 1010 6600 5314 00, Project No. 95075 0001 by decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99, which amount also includes a 5% contingency for contract services for Phase I, II, and III. A copy of the budget adjustment is attached hereto and made a part hereof. PASSEI_AND APPROVED this 5th day of March , 1996. •tit r!f<e APPROVED: •1 . �,• By: • • CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND HAMMER, SILER, GEORGE ASSOCIATES, INC. • THIS CONTRACT, entered into as of this day of Nooen, 6er, 1996, by and between The City of Fayetteville, Arkansas (hereinafter referred to as The City) and Hammer, Siler, George Associates, Inc., a corporation organized and existing under the laws of the State of Georgia (hereinafter referred to as HSGA) is executed in the State of Arkansas and shall be governed by its laws. WITNESSETH THAT: WHEREAS, The City desires to develop a research and technology park; and WHEREAS, The City has property which is appropriate for the development of a research and technology park; and WHEREAS, The City desires to have a plan prepared and analyzed for the development of the first phase of the park; and WHEREAS, HSGA and its subcontractors represent that they have the technical expertise required to prepare such a plan and analysis; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Article I. SCOPE OF SERVICES All services under this contract shall be carned out in accordance with the Scope of Services which is attached as Exhibit A and made a part of this contract. • • • HSGA's conclusions will be based on facts and circumstances existing at the time the work is performed. Any changes in facts and circumstances could affect the results or conclusions provided to the client. Article II. TIME OF PERFORMANCE HSGA shall begin work under this agreement within ten (10) days of receipt of notice to proceed and shall complete all work within two months. Article III. COMPENSATION The City will pay HSGA the sum of Fifty-four Thousand Nine Hundred Dollars ($54,900) which shall constitute full and complete compensation for services under this contract including all consultant services, out-of-pocket expenses, and preparation and submission of 12 copies of a working memorandum. This amount is broken down by firm in Exhibit A. Article IV. METHOD OF COMPENSATION Payment will be made to HSGA upon receipt of monthly invoices based on the estimated percent of work completed. Article V. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions attached as Exhibit B are an integral part of this contract.