HomeMy WebLinkAbout137-16 RESOLUTION113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Resolution: 137-16
File Number: 2016-0313
ALLISON ARCHITECTS, INC.:
A RESOLUTION TO APPROVE A TWO-YEAR CONTRACT WITH ALLISON ARCHITECTS, INC.
FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE WOOLSEY HOMESTEAD
HISTORIC RESTORATION PROJECT IN THE AMOUNT OF $15,000.00 FOR PHASE ONE IN 2016,
AND IN THE AMOUNT OF $35,000.00 FOR PHASE TWO IN 2017, CONTINGENT UPON
APPROVAL OF THE 2017 ANNUAL CITY BUDGET.
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 a two-year contract
with Allison Architects, Inc. for professional architectural services for the Woolsey Homestead Historic
Restoration Project in the amount of $15,000.00 for Phase One in 2016, and in the amount of
$35,000.00 for Phase Two in 2017, contingent upon approval of the 2017 Annual City Budget.
PASSED and APPROVED on 7/19/2016
Attest:
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Sondra E. Smith, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0313
Agenda Date: 7/19/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
ALLISON ARCHITECTS, INC.:
A RESOLUTION TO APPROVE A TWO-YEAR CONTRACT WITH ALLISON ARCHITECTS,
INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE WOOLSEY HOMESTEAD
HISTORIC RESTORATION PROJECT IN THE AMOUNT OF $15,000.00 FOR PHASE ONE IN
2016, AND IN THE AMOUNT OF $35,000.00 FOR PHASE TWO IN 2017, CONTINGENT UPON
APPROVAL OF THE 2017 ANNUAL CITY BUDGET
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 a two-year
contract with Allison Architects, Inc. for professional architectural services for the Woolsey Homestead
Historic Restoration Project in the amount of $15,000.00 for Phase One in 2016, and in the amount of
$35,000.00 for Phase Two in 2017, contingent upon approval of the 2017 Annual City Budget.
City of Fayetteville, Arkansas Page 1 Printed on 7/20/2016
City of Fayetteville Staff Review Form
2016-0313
Legistar File ID
7/19/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Facilities Management/
Wade Abernathy 6/20/2016 Finance & Internal Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Phased Contract with Allison Architecture for Architectural Services to include Programing, Phasing, &
Budget Plan and compelte Architectural services for Permanent Stabilization of the Woolsey Historical Structure.
Budget Impact:
4470.9470.5314.00 4470 -Sales Tax Capital Improvements
Account Number Fund
15008 1 Woolsey Homestead Historic Restoration Project
Project Number Project Title
Budgeted Item? Yes Current Budget $18,999.92
Funds Obligated $ -
Current Balance $ 18,999,92
Does item have a cost? Yes Item Cost $ 15,000.00
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ 3,999.92
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
711C
ARKANSAS
MEETING OF JULY 19, 2016
TO: Mayor and City Council
THRU: Don Marr Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Wade Abernathy, Facilities & Building Construction Manager
DATE: June 20, 2016
SUBJECT: Approval of a Phased Contract with Allison Architecture for Architectural
Services to include Programing, Phasing & Budget Plan, and complete Architectural
services for Permanent Stabilization of the Woolsey Structure.
RECOMMENDATION:
Staff recommends approval of a fixed fee contract with Allison Architects in the amount of
$50,000. This will be a multi -year phased contract. Phase 1 programming, phasing & Budget
Plan will be in the amount of $15,000. Phase 2 Architectural Services for permanent
stabilization will be in 2017 in the amount of $35,000 and contingent on Council approval of the
2017 Budget.
BACKGROUND:
In September 2014, Council approved Resolution # 165-14, which approved the 2015-2019 CIP
funding for the Woolsey Homestead Historic Restoration Project. It was based on
Recommendations in a Condition Assessment Report submitted to the city in Jan. 2014 as
prepared by Ruby Architects Inc. The Report identified a 3 phase plan over the next 4 years for
cleanup, temporary stabilization, master plan, and final stabilization of the Structure and
Cemetery.
Over the past year, Staff has completed all possible items in the 2015 phase 1 as well as
several items budgeted for 2017 phase 2. A Historical Structures Report as well as a Master
Plan prepared by Allison Architects was developed with direct input from the Woolsey
Farmstead Visionary Committee.
Due in part to Staff's expedition of the project as well as cost saving measures, we are now
ready to move to phase 3 of the report, 1 Y2 years ahead of schedule.
On June 9, 2016 per RFQ 16-01 Selection 5: The selection committee voted to use Allison
Architects for the programing and phasing as well as Architectural Services for final stabilization
of the structure.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
The programing, phasing and Budget Plan will identify space use and needs, phases for the
project to move forward, and Budget figures to assist in donner and fund raising efforts.
The Architectural Services for the permanent stabilization will include construction drawings,
specifications, assist with bidding, negotiations, and construction administration. This end
product will include foundation and wall and structure stabilization, permanent roof. Generally
speaking a building "in the dry".
BUDGET/STAFF IMPACT:
This project will be funded from the Woolsey Homestead Historic Restoration Project Account.
There are current funds available in the professional services account for $15,000 for Phase 1
Phase 2 for $35,000 will be contingent on Council approval of the 2017 Budget.
Attachments:
Contract with Allison Architects
Purchase Order Request
Capital Improvements Program (2015-2019)
Master Plan Rendering
1830's Period Image
A L L I S O N
ARCHITECTS
M E M O R A N D U M
TO: Mr. Wade Abernathy
City of Fayetteville
125 W. Mountain St
Fayetteville, AR 72701
FROM: Sheila Brown, Office Administrator
RE: Woolsey Farmstead - Phase I and II
DATE: June 23, 2016
Enclosed are two copies of the Professional Services Agreement signed by Aaron Ruby
for Phase I and II of the Woolsey Homestead project. Please provide an executed copy
once fully processed.
Please let us know if you any questions or comments.
ALLISON ARCHITECTS, Inc.
200 West Capitol Suite 1400
Little Rock, AR 72201
Tel 501376 0717 Fax 501 376 1766
AGREEMENT
For
PROFESSIONAL ARCHITECTURAL SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ALLISON ARCHITECTS
THIS AGREEMENT is made as of June 23 2016, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and ALLISON ARCHITECTS (hereinafter called ARCHITECT).
CITY OF FAYETTEVILLE from time to time requires professional Architectural services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ARCHITECT in consideration of their mutual covenants agree as
follows:
ARCHITECT shall serve as CITY OF FAYETTEVILLE's professional architectural consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of architectural services. All services shall be performed under
the direction of a professional architect registered in the State of Arkansas and qualified in the particular
field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of Allison Architects.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ARCHITECT.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2- BASIC SERVICES OF ARCHITECT
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ARCHITECT during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ARCHITECT shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ARCHITECT and CITY OF FAYETTEVILLE agree that Allison Architects has full
respnnsihility fnr the archite_eturaLservices—
Woolsey Professional Services Agreement
SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ARCHITECT.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ARCHITECT by placing at ARCHITECT's disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ARCHITECT in obtaining access to property reasonably necessary for ARCHITECT
to perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ARCHITECT and render in writing decisions pertaining thereto.
3.1.5 The FACILITIES & BUILDING CONSTRUCTION MANAGER is the CITY OF
FAYETTEVILLE's project representative with respect to the services to be performed under
this Agreement. The FACILITIES & BUILDING CONSTRUCTION MANAGER shall
have complete authority to transmit instructions, receive information, interpret and define
CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment,
elements and systems to be used in the Project, and other matters pertinent to the services
covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ARCHITECT in a timely manner.
SECTION 4- PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETFEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ARCHITECT will
proceed with providing the authorized services immediately upon receipt of written authorization
from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5- PAYMENTS TO ARCHITECT
5.1 The maximum not -to -exceed amount authorized for this Agreement is $ 50,000 . The
CITY OF FAYETTEVILLE shall compensate ARCHITECT based on a Lump Sum basis as
described in Appendix A. This will he a multi -year phased contract with Phase 1 for a fixed fee
of $15,000 to begin in 2016, and Phase 2 for a fixed fee of $35,000 to begin in 2017 contingent
on Council Approval of 2017 Budget.
5.2 Statements
Monthly s a emen s fh each calendar montfilill be su mi e o
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ARCHITECT'S normal billing schedule. Once
Woolsey Professional Services Agreement 2
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ARCHITECT and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ARCHITECT's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ARCHITECT in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ARCHITECT shall execute and deliver to CITY OF FAYETTEVILLE a release
of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this
Agreement, except claims which are specifically exempted by ARCHITECT to be set forth
therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly
agreed to by the parties to this Agreement, final payment under this Agreement or settlement
upon termination of this Agreement shall not constitute a waiver of CITY OF
FAYETTEVILLE's claims against ARCHITECT or his sureties under this Agreement or
applicable performance and payment bonds, if any.
SECTION 6 - GENERAL CONSIIERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ARCHITECT will maintain (in United
States Dollars) the following minimum insurance coverages:
Tvoe of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Woolsey Professional Services Agreement
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1.000,000 Combined Single Limit
$1,000,000 Each Claim
ARCHITECT will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ARCHITECT waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ARCHITECT's services.
6.2 Professional Responsibility
6.2.1 ARCHITECT will exercise reasonable skill, care, and diligence in the performance of
ARCHITECT's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ARCHITECT any defects or suspected defects in ARCHITECT's services of which
CITY OF FAYETTEVILLE becomes aware, so that ARCHITECT can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ARCHITECT.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ARCHITECT relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ARCHITECT's experience, qualifications, and judgment as a
design professional. Since ARCHITECT has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ARCHITECT does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ARCHITECT.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ARCHITECT's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ARCHITECT.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt-requested)-ofintent to terminate -
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Woolsey Professional Services Agreement 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ARCHITECT is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ARCHITECT at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of ARCHITECT's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ARCHITECT for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by
ARCHITECT relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ARCHITECT
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ARCHITECT in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ARCHITECT to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ARCHITECT are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ARCHITECT's reasonable control,
ARCHITECT shall be entitled to additional compensation and time for reasonable costs
i`iacurfed-by ARCHITECT ih temporarily--;losing-dawn or delaying -the -Project. ----
Woolsey Professional Services Agreement
6.7 Rights and Benefits
6.7.1 ARCHITECT's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ARCHITECT which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ARCHITECT in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ARCHITECT written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ARCHITECT shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ARCHITECT'S FIRM and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 clays of the written request to resolve the dispute.
6.9 CITY OF FAYETTIIlVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ARCHITECT for services rendered by ARCHITECT.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ARCITECTS's
employees and the importance of ARCHITECTS's public relations, ARCHITECT may
prepare publications, such as technical papers, articles for periodicals, and press releases,
pertaining to ARCHITECT's services for the Project. Such publications will be provided to
CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review.
CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ARCHITECT. CITY OF FAYETTEVILLE may require
Woo€sey Professional Services Agreement 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ARCHITECT's activities pertaining to any such publication shall be for ARCHITECT's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ARCHITECT from
and against any and a]] loss where loss is caused or incurred or alleged to be caused or
incurred in whole or in part as a result of the negligence or other actionable fault of the
Contractors, or their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ARCHITECT may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Architectural documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ARCHITECT as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ARCHITECT has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ARCHITECT shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ARCHITECT.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ARCHITECT makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ALLISON ARCHITECTURE address:
200 West Capitol
Suite 1400
Little Rock, AR 72201
Woolsey Professionol Services Agreement 7
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ARCHITECT each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ARCHITECT shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ARCHITECT and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ARCHITECT a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ARCHITECT, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of ARCHITECT
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ARCHITECT of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ARCHITECT shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ARCHITECT's negligent performance of
any of the services furnished tinder this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ARCHITECT's obligations tinder this clause are in addition to ARCHITECT's other express
or implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ARCHITECT for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ARCHITECT arising
Woolsey Proissional Services Agreement 9
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ARCHITECT shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ARCHITECT shall also maintain the financial information and data used by
ARCHITECT in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ARCHITECT
will provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ARCHITECT;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ARCHITECT warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ARCHITECT for the purpose of
securing usiness. For breach or violation o this f` warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Woolsey Professional Services Agreement 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5,1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ARCHITECT or any of
ARCHITECT's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ARCHITECT terminate this Agreement.
CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ARCHITECT as it could pursue in
the event of a breach of the Agreement by ARCHITECT As a penalty, in addition to any
other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOTA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
8.0 Special Conditions
8.1 Phase 2 is contingent on Council Approval of the 2017 Budget.
Phase 2 of the contract will be considered null & void in event the 2017 Budget is not approved.
Woolsey Professional Services Agreement 10
IN WITNESS WHEREOF, CITY OF FAYE"IT'I'EVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAE;TTEV11A,L., RKANSAS ALLISON ARCHITECTS
Held Jordan Aaron tt�by, u:r AI'
ATTEST:
By:__/ILl(4t4_�.,
City Clerk
END OF A ,#O OFESSIONAL ARCI-IITECTURAL SERVICES
'i FAY -nt~V1LL�
4
Woolsey Professional Services Agr�emen! 11
APPENDIX A
June 20, 2016
Mr. Wade Abernathy
Facilities and Building Construction Manager
City of Fayetteville
113 W. Mountain St
Fayetteville, AR 72701
Re: Proposal for Architectural Services for the Restoration & Reconstruction of the Historic
Woolsey Farmstead, Fayetteville
Dear Mr. Abernathy:
It is with great pleasure that we provide you with this Proposal for Architectural Services on this
exciting project for the City of Fayetteville. It has been a joy for us to be engaged with the City, its
excellent staff as well as committed citizens through the Woolsey Committee and we look forward
to helping the City see this significant property restored. If this proposal needs be revised in any
way, feel free to let us know,
A. Project Scope
Provide standard architectural services for the purposes of restoring and re -constructing the
historic Woolsey Farmstead, as recommended by the recently completed Master Plan dated
November 17, 2015. The project shall be divided into two separate sets of services. The first set
would consist of Programming, Site Planning & Phasing Plan. The second set of services consists
of Schematic Design through Construction Administration (this set of services would be triggered if
the project were funded and approved by the City of Fayetteville).
B. Architectural Services Included (Phase 12016-2017):
Programming & Site Plan: Assist the City in determining specific goals of the project to
include visitor experience and possible interpretive avenues. Continue meetings with the
current Woolsey Committee with the goal of answering important questions such as extent
of meeting modern needs and functions such as whether the historic home has electricity,
light fixtures, mechanical systems, plumbing, security or fire alarm systems. Address
needs for parking, restrooms, exhibit space and display of antique furnishings which are
being donated to the project. Provide more detail on how the property surrounding the
Woolsey home will be developed in the way of reconstructing missing 19th century
outbuildings, restoring the cemetery, incorporating a modern trail system, providing
park/activity/recreation space onsite while maintaining accessibility standards, possible site
lighting and paved areas,
7 -Phasing Pranrovide a written Phasing Plan which describes the project being completed
over multiple phases, each phase being completed each year or as funding becomes
available. The phases should be divided in a logical sequence that focuses on the exterior
first and interior last. The restoration/conservation of the cemetery will likely be treated as
a separate project or "phase".
C. Architectural Services Included (Phase II 2017)_
Phase I Schematic Design: Based on completed programming, develop drawings
indicating scope of work for Phase I, which is anticipated to include selective demolition
(removal of portions of house outside of period of significance), permanent structural
stabilization of the historic frame, foundation, chimney re -construction, new exterior
sheathing and openings. The goal of Phase I would likely be completion of major
demolition, complete structural stabilization (foundation and frame) and getting the re-
constructed building "in the dry". The project will probably not be open to the public at the
end of this Phase. Provide a budget estimate and outline specification.
4. Phase I Design Development: With owner's written approval of Schematic Design
drawings, proceed to develop drawings consistent with adopted Phase I goals. Hire
structural engineer to assist in providing details for the long-term stabilization (frame and
foundation) of the house. Update budget estimate, if necessary. Provide draft of the project
specifications.
5. Phase I Construction Documents: With owner's written approval of Design Development
drawings, proceed to develop drawings consistent with adopted Phase I goals. Update
budget estimate, if necessary. Complete drawings and specifications ready for bidding will
be delivered to the owner for final review and approval prior to issuing for bidding.
6. Phase I Bidding & Negotiation: With owner's written approval of Construction Documents,
assist owner in advertising the project for bids. Conduct pre -bid meeting onsite. Given the
sensitive nature of the project, discuss options on minimum contractor qualifications and
experience. Assist in reviewing bids and make recommendation to owner,
7. Phase I Construction Administration: Assist owner in getting under Contract with selected
bidder. Visit jobsite at necessary intervals to monitor that the work taking place is in
general conformance with the drawings and specifications.
D. Services Not Included (can be provided as "Additional Service)
1 Civil & Landscape Design: Involvement from a civil engineer will probably be necessary at
some point in the project, though is not anticipated during Phase I.
2. Cemetery Restoration/Conservation: Assuming that further stabilization of the house is a
higher priority, it is assumed that actual restoration and conservation of the cemetery could
take place during a later phase. It may also be possible for the City to engage a
conservationist separate from the general contractor responsible for the Woolsey house.
3. Geotechnical Analysis: A soils analysis is not anticipated, unless requested by the
structural engineer.
4. Archeology: An archeologist will be engaged to visit the site during and after selective
demolition to determine whether or not extensive archeolgyhoukl be pursued. This
proposal assumes that no extensive archeology will be necessary. However, we
recommend that the owner have funds available as a contingency to complete the
archeology should it be recommended.
5. Architectural Services beyond Phase I: Future proposals can be provided for each
subsequent phase.
6. Consulting Engineers: At the time of writing of this proposal, modern mechanical,
electrical, plumbing, security and other low voltage wiring design is not anticipated and
thus not included.
7. Interpretive Planning or Exhibits: We are not experienced interpretive planners or
educational lesson writers. Though we can help in generating some overall goals in the
way of what we probably want to display and show visitors, there are other professionals
available that are more accustomed to formalizing exhibits and education plans.
8. Third Party Certifications: Compliance with third party certification systems such as LEED
or Green Globes is not included.
9. Renderings: Extensive computer renderings such as simulated video or "fly -through"
modeling, such as might be helpful for fundraising campaign, is not included.
10. Any additional work, budgets, drawings, site visits not specifically referred to in paragraph
B "Architectural Services Included" above.
E. Project Schedule
No schedule has yet been established thought it is assumed to be as soon as practical. In
consideration of the fact that the building is exposed to the elements, services provided will be
treated with sense of urgency.
F. Project Budget
A budget has not yet been established though it is assumed that we will work closely with the City
in determining a feasible budget simultaneously with development of the Phase I Scope of Work.
G. Fee Proposal
For all of the services listed as included (both the first and second set), we propose a fixed fee of
$50,000.00, plus reimbursable expenses. On a project such as this, expenses are anticipated to be
limited to printing. To proceed with Phase I of services only (Programming, Site Planning &
Phasing Plan), we proposed a fixed fee of $15,000. Should the second set of services be
approved, Phase II will be a fixed fee of $35,000.00, contingent on council approval of 2017
budget.
H. Additional Services
Allison Architects, Inc. will provide other additional services when requested. Additional Services
are defined as services outside of the basic Scope of Services. Generally it is easiest to simply
charge hourly for these services at our current rates. We can also add services (such as hiring
consulting engineers or other services) at cost plus a percentage for handling. We will always seek
written permission to proceed prior to engaging in Additional Services.
I. Billing & Payment
Allison Architects, Inc. invoices fees and expenses on a monthly basis and coincides with
completed services up to the end of each month. Payment is due upon receipt. Invoices that are
not paid within forty-five (45) days of the date of the invoice will be considered delinquent. Invoices
that are not paid within sixty (60) days of the date of the invoice will be subject to penalties.
Should this proposal be accepted, let us know and we will be happy to generate a standard AIA
(American Institute of Architects) form of agreement for your review and signature. We look forward
to hearing from you and moving ahead on this wonderful project! If you have any questions at all,
please do not hesitate to call.
Cordially,
Aaron C. by, AIA, LEED AP
B, 2
CITY OF FAYETTEVILLE, ARKANSAS 2x15-2019 Capital Improvements Plan (CIP)
Page 76 of 178
CAPITAL IMPROVEMENTS PROGRAM (2015-2019)
Project Title: Woolsey Homestead Historic Restoration Project
Division:
Funding:
Category:
Rank:
Mayors Administration (D100)
4470 - Sales Tax Capital Improvements
Other Capital Improvements
Project #: 00000
Project Type: Replacement Timeframe: Multi Year
Expansion X
Description:
Project Cost
2015 $ 70,000
2016 -
2017 120,000
2018 90,000
2019 -
Total $ 280,000
This project is a three (3) phase renovation. Phase 1— Imperative items completed In the first year focus on
environmental site assessment and selective demolition. Clean up around the exterior of the main house
with removal of vegetation, the collapsed front porch, and loose wood and rubbish. Other items are: salvage
of brick; removal of modern finishes and fixtures; seal off openings or any other exposed structure; water-
proofing the structure; partial removal of the flooring; and installation of fencing for security. Phase 2 —
Priority items estimated to be completed in the next one to three years include: focused attention on
additional shoring measurers, roof replacement, civil site surveys and architectural master planning. Phase 3
—Significant Items in the final year are restoration to the 1840's period, removal of all later additions, long-
term foundation and framing restoration, and cemetery marker restoration and conservation.
Scheduled Implementation: New Project Request
Phase 1- Imperative items estimated at $70,000 in 2015; Phase'2 - Priority items estimated at $120,000 in
2017; Phase 3 -Significant items estimated at $90,000 in 2018.
Effect on Operations:
This is construction related work that will need to be contracted and overseen by construction management
of staff.
City of Fayetteville - Purchase Order Request (PO) Requisition o.: a e:
tt�ot a Purchase Order) 6120/2016
All PO Requests shall be scanned to the Purchasing e-mail: Purchasing u@fayetteville-ar.gov. P.O Number
Purchase shall not be made until an actual PQ has been issued.
Vendor Vendor
25911 Name: Allison Architects MaiQos Do
Legistar#
Address: 200 west Capitol, suite 1400
i-O5 Point: Taxable 2016-0313
Qs a Expected Delivery Date:
Zip Code: Ship to code: Quotes Attached
City: Little Rock State: EAr
72201
equester: Wade Abernathy Requesters Employee #: Extension:
4050 8361
Item Description Quantity Unit of Issue Unit- Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset #
1 Woolsey Programing & Phasing Phase
1 of Contract $15,000.00 4470.9470.5314.00 15008 1
2
$0.00
3
80,00
4
$0.00
5 $0.00
$0.00
7
$0.00
8
$0.00
9 $0.00
10 $0.00
Shipping/Handling Lot $0.00
Special Instructions:
Subtotal: 515,000.00
Tax:
Total: $15,000.00
Approvals:
Mayor: Department Director. f ' Purchasing Manager:
Chief Financial Officer: Budget Director. IT Director:
Dispatch Manager. Utilities Manager: Other:
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BOUNDARY OF HISTORIC WOOLSEY FARMSTEAD SITE (27 ACRES)
--. — SHARED -USE PAVED TRAIL
BOUNDARY OF EXISTING WETLANDS BANK (82 ACRES)
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PROPOSED EDUCATION CENTER (15 ACRES)
PROPOSED URBAN AGRICULTURE PLATS (12,5 ACRES)
PERIMETER REQUIRES 10-0" HIGH FENCE TO KEEP OUT DEERS
Information on this plan provided by several sources Including.
1 'Weddmgton Corridor Masterplan", City of FayeXevil a website
2 Woolsey Wetland praire, ECO website
3 Waste water tresatnent plant, email
4 "west side WWTF Site conceptual master plan, Nov 17, 2009
5 Cily of Fayetteville trails master plan, Woolsey site
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A RESTORATION OF THE
1843 WOOLSEY HOMESTEAD
FAYETTEVILLE, ARKANSAS
Allison Architects, Inc.
200 W. Capitol, Suite 1400 221 N. East Ave.
Little Rock, AR 72201 Fayetteville, AR 72701
P: 501.376.0717 P: 479.444 6972
F: 501,376 1766 F: 479.444 8197
Left- Split rail fence
(Reconstruction of
1840's era blacksmith
shop in background)
Right- Post 8 Rail fence
Historic Arkansas
Museum,
Little Rock
--. A55UMED
LOCATION OF
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HORIZ E' +'O LAP _ ..
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