HomeMy WebLinkAbout116-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
{479} 575-8323
Resolution: 116-19
File Number: 2019-0247
REVIVAL ARCHITECTURE, INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH REVIVAL ARCHITECTURE, INC. FOR
PROFESSIONAL ARCHITECTURAL SERVICES FOR THE WOOLSEY FARMSTEAD
RECONSTRUCTION PROJECT, WITH PHASES 1, 2, AND 3 TO BE COMPLETED IN 2019 AT A
TOTAL COST OF $31,750.00 AND PHASES 4 AND 5 TO BE COMPLETED IN 2020 AT A TOTAL
COST OF $52,500.00, CONTINGENT ON APPROVAL OF THE 2020 ANNUAL CITY BUDGET AND
WORK PROGRAM
WHEREAS, the Woolsey Farmstead Reconstruction Project is proposed to be completed in five phases,
the first three of which can be completed in 2019 at a total cost of $31,750.00, and
WHEREAS, phases 4 and 5 are expected to be completed in 2020 for the amount of $52,500.00,
contingent upon approval of the 2020 Annual City Budget and Work Program and an appropriation for the
Woolsey Farmstead Reconstruction Project.
NOW, THEREFORE, 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 contract with
Revival Architecture, Inc. for professional architectural services for the Woolsey Farmstead
Reconstruction Project with Phases 1, 2, and 3 to be completed in 2019 at a total cost of $31,750.00
and Phases 4 and 5 to be completed in 2020 at a total cost of $52,500.00, contingent on approval of the 2020
Annual City Budget and Work Program.
Page I Printed on 518119
File Number: 2019-0247
Resolution 115-19
PASSED and APPROVED on 5/7/2019
Attest:
i
Sondra E. Smith, City Clerk TreasR� ��'�Q�`'�i
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fes: EAYETTEVILLE*
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Page 2 Printed on 518119
City of Fayetteville, Arkansas 113 West Mountain Street
"=g Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0247
Agenda Date: 517/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 2
REVIVAL ARCHITECTURE, INC.:
File Type: Resolution
A RESOLUTION TO APPROVE A CONTRACT WITH REVIVAL ARCHITECTURE, INC. FOR
PROFESSIONAL ARCHITECTURAL SERVICES FOR THE WOOLSEY FARMSTEAD
RECONSTRUCTION PROJECT, WITH PHASES 1, 2, AND 3 TO BE COMPLETED IN 2019 AT A
TOTAL COST OF $31,750.00 AND PHASES 4 AND 5 TO BE COMPLETED IN 2020 AT A TOTAL
COST OF $52,500.00, CONTINGENT ON APPROVAL OF THE 2020 ANNUAL CITY BUDGET
AND WORK PROGRAM
WHEREAS, the Woolsey Farmstead Reconstruction Project is proposed to be completed in five phases, the
first three of which can be completed in 2019 at a total cost of $31,750.00; and
WHEREAS, phases 4 and 5 are expected to be completed in 2020 for the amount of $52,500.00, contingent
upon approval of the 2020 Annual City Budget and Work Program and an appropriation for the Woolsey
Farmstead Reconstruction Project.
NOW, THEREFORE, 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 contract with Revival
Architecture, Inc. for professional architectural services for the Woolsey Farmstead Reconstruction Project
with Phases 1, 2, and 3 to be completed in 2019 at a total cost of $31,750.00 and Phases 4 and 5 to be
completed in 2020 at a total cost of $52,500.00, contingent on approval of the 2020 Annual City Budget and
Work Program.
City of Fayetteville, Arkansas Page 1 Printed on 51812019
City of Fayetteville Staff Review Form
2019-0247
Legistar File ID
5/7/2029
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 4/19/2019 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a multi -phased contract for Architectural Services with Revival Architecture for the Woolsey Farmstead
Reconstruction Project. In 2019, phase 1, 2 and 3 in the amount of $31,750. In 2020 Phase 4 and 5 in the amount
of $52,500 contingent on funding approval.
4470.9470.5314.00
Account Number
15008.1
Budget Impact:
4470 -Sales Tax Capital Improvements
Fund
Woolsey Homestead Historic Restoration Project
Project Number Project Title
Budgeted Item? Yes Current Budget $ 339,600.00
......................:
Funds Obligated $ 8,574.58
Current Balance $ 331,025.42
Does item have a cost? Yes Item Cost $ 31,750.00
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget �$ 299,275.42
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 137-16
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY 0 F
FAYETTEVILLE
ARKANSAS
MEETING OF: MAY 7, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Paul Becker, Chief Financial Officer
CITY COUNCIL MEMO
FROM: Wade Abernathy, Facilities & Building Projects Manager
DATE: 4/12/19
SUBJECT: Approval of a Multi -Phased Contract with Revival Architecture for the
Woolsey Farmstead Reconstruction Project.
RECOMMENDATION:
Staff recommends approval of a fixed fee contract with Revival Architecture to provide
Architectural Services for Woolsey Farmstead Reconstruction Project in the amount of $84,250.
In 2019, Project 1: bidding of permanent stabilization, $5,250. Project 2: interior finish
$20,000. In 2020, Project 3 Woolsey Cemetery restoration $6,500. Project 4: outbuildings
restoration and reconstruction 42,500, Project 5: landscape restoration and master plan
$10,000.
BACKGROUND:
In September 2014, Council approved Resolution # 165-14, which included 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.
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.
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 to begin phase 3 of the initial report.
July of 2016, Council approve an Architectural Contract to include programing, phasing and
budget plan, and completion of Construction Drawings for Final Stabilization of the Woolsey
House Structure.
May 7, 2019 per RFQ 19-01, The selection committee voted to use Revival Architecture for the
above listed scope of projects. Aaron Ruby has been the Architect that has provide all services
Mailing Address:
113 W. Mountain Street www,fayettevllle-ar.gov
Fayetteville, AR 72701
since the first planning in2O14. Menow isthe principal Architect ofRevival Architecture. the
selection committee wanted continuity for the project, and to remain working with Aaron.
This is a multi-year project thru 2022. The Architectural Services will include the bidding and
construction administration of the house permanent stabilization, construction drawings of the
interior finishes, on site consulting, survey and documentation of cemetery, drawings and
specifications for the restoration and conservation, construction drawings of the smoke house,
and other out buildings and aparking lot. Also include ismlandscape master plan for the
acreage surrounding the farmstead,
BUDGET/STAFF8O8PACT:
C|Pfor 2O18-2D22identified $744.00Owith the annual budget approval.
Phase 1'2&3in2O1ginthe amount of$3175O.
Phase 4&5in2O2Ointhe amount of$52.5ODcontingent onfunding oppvuvo|`
Currently there is 331`025unencumbered inthe project budget.
Aftachmmemts:
Contract with Revival Architecture
Capital Improvements Program (2O18'2O22)
Master Plan Rendering
183O'mPeriod Image
CITY OF City of Fayetteville, Arkansas
�
FAYETTEVILLE Professional Services Contract: Architectural Services For
Woolsey Farmstead Reconstruction Project
ARKANSAS Vendor: Revival Architecture, Inc.
Term: Multiple Project
RFQ 18-01, Engineering & Architectural Services — Selection 9
PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES
Project: Woolsey Farmstead Reconstruction Project
THIS AGREEMENT is made this day of , 2019 by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE OR CITY) and
Revival Architecture, Inc. with its principal office located in North Little Rock, Arkansas (hereinafter called
Revival).
CITY OF FAYETTEVILLE from time to time requires professional architectural services in connection with the
evaluation, planning, design, and/or construction administration of capital improvement projects. Therefore, CITY
OF FAYETTEVILLE and Revival in consideration of their mutual covenants agree as follows:
Revival 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 Revival's 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. If Construction Administration Phase Services are to be
provided by Revival under this Agreement, such services shall be executed under the observation of a professional
architect registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101.
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 Revival.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 1 of 16
1.2 Assignments from CITY OF FAYETTEVILLE to Revival may include services described hereafter as Basic
Services or as Additional Services of Revival.
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 City in accordance with City Policy IC -02,
Contract Responsibilities, in advance of the change in scope, costs, fees, or delivery schedule.
SECTION2- BASIC SERVICES OF ARCHITECT
2.1 Perform professional design services in connection with the Project as hereinafter stated,
2.1.I The Scope of Services to be furnished by Revival during this project isincluded inAppendix A, last
dated U4/1S/JO19attached hereto and made part ofthis Agreement.
3.2 Revival shall coordinate their activities and services with the CITY OF FAYETTEVILLE. Revival and CITY
OF FAYETTEVILLE agree that Revival has full responsibility for the architectural services.
2.2.1 Revival shall fully disclose any sub -consultants inAppendix /\
2.2.2 Any contractor or third party involved in cost estimates shall be excluded from submitting a bid on
the project.
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Revival. -
3'1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist Revival by placing at Revival's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
3.1.3 Obtain for Revival access to property reasonably necessary for REVIVAL to perform its services under
this Agreement.
3.1.4 Examine all studies, reports, cost opinions, Bid Documents, Drawings, proposals, and other
documents presented by Revival and render in writing decisions pertaining thereto.
City ofFayetteville, Arkansas —npQl9-Oz
vendu,: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Px4c,t
Page 2of16
3.1.5 The Facilities and Building Projects Manager is the CITY OF FAYETTEVILLE's project representative
with respect to the services to be performed under this Agreement. Such person 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 will review all documents and provide written comments to Revival in a timely
manner:
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
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. Revival 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 parties anticipate that the provision of services for Projects 4
and 5 , as described in Appendix A, will extend through 2020. Revival's provision of services for Projects 4
and 5 is contingent on approval of the 2020 Annual City Budget and Work Program and the appropriation of
funds for those projects. If funding is not approved by the Fayetteville City Council, this Agreement shall
terminate upon completion of and payment for Projects 1, 2, and 3.
4.3 Revival shall provide a schedule of its services and include such schedule with the scope in Appendix
A.
SECTIONS- PAYMENTS TO ARCHITECT
5.1 The maximum not -to -exceed amount authorized for this Agreement is $84,250.00 US DOLLARS.
5.1.1 5.1.1 Completion of Projects 4 and 5, as described in Appendix A, in 2020 at a cost of $52,500.00 is
contingent on approval of the 2020 Annual City Budget and Work Program and the appropriation of funds for
those projects. if funding is not approved by the Fayetteville City Council, this Agreement shall terminate
upon completion of and payment for Projects 1, 2, and 3.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 3 of 16
5.2 The CITY OF FAYETTEVILLE shall compensate Revival based upon progress payments as described in
Appendix A.
5.2.1 The maximum not -to -exceed amount authorized for this Agreement is based upon the estimated fee
scope, hours, costs and expenses per phase. The estimated fee spreadsheets shall be included in
Appendix A. The amount for any phase may be more or less than the estimate, however the
maximum not -to -exceed amount shall not be exceeded without a formal contract amendment.
5.3 Statements
5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE consistent
with Revival's normal billing schedule. Once 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 Revival and approved by CITY OF FAYETTEVILLE. Applications for
payment shall be accompanied each month by the updated project schedule. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the
satisfactory completion of the professional architectural services.
5.4 Payments
5.4.1 All accepted invoices are payable upon receipt and generally due within thirty (30) days. If a portion
of REVIVAL'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 Revival 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.
5.5 Final Payment
5.5.1 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, Revival
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 Revival to be set forth therein. Unless otherwise provided in this Agreement or by
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 4 of 16
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 Revival.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 In the course of performance of these services, Revival will maintain (in United.States Dollars) the
following insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
.Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
Per Occurrence and in the Aggregate
$1,000,000 Combined Single Limit
Per Accident
$1,000,000 Each Claim and in the Aggregate
REVIVAL will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance
within ten calendar days of the date of this Agreement and upon each renewal of coverage.
6.1.2 CITY OF FAYETTEVILLE and REVIVAL waive all rights of subrogation against each other and their
officers, directors, agents, or employees for damage covered by property insurance during and after
the completion of REVIVAL'S services. A similar provision shall be incorporated into all construction
contracts entered into by the CITY OF FAYETTEVILLE, and all construction contractors shall be
required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and REVIVAL for
damage covered by any construction contractor's property insurance.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 5 of 16
6.2 Professional Responsibility
6.2.1 REVIVAL will exercise reasonable skill, care, and diligence in the performance of REVIVAL's services
and will carry out its responsibilities in accordance with customarily accepted professional
architectural practices, CITY OF FAYETTEVILLE Standards, Arkansas State Law and the Rules and
regulations of the Arkansas State Board of Licensure For Architects, Landscape Architects and
Interior designers. CITY OF FAYETTEVILLE will promptly report to REVIVAL any defects or suspected
defects in REVIVAL's services of which CITY OF FAYETTEVILLE becomes aware, so that REVIVAL can
take measures to minimize the consequent of such defect. REVIVAL agrees not to seek or accept
any compensation or reimbursements from the CITY OF FAYETTEVILLE for architectural work it
performs to correct any errors, omissions or other deficiencies caused by REVIVAL's failure to meet
customarily accepted professional architectural practices. CITY OF FAYETTEVILLE retains all other
remedies to recover for its damages caused by any negligence of REVIVAL.
6.2.2 In addition, REVIVAL will be responsible to CITY OF FAYETTEVILLE for bodily injury or property
damage caused by its negligent or intentional conduct during its activities at the Project Site to the
extent covered by REVIVAL's Commercial General Liability and Automobile Liability Insurance
policies. This limitation provision shall not apply to Revival's professional responsibility in the
performance of its professional services as set forth in Paragraph 6.2.2.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by REVIVAL relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating
results are based on REVIVAL's experience, qualifications, and judgment as a design professional.
Since REVIVAL 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, REVIVAL does
not guarantee that actual rates, costs, performance, schedules, and related items will not vary from
cost opinions and projections prepared by REVIVAL.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 6 of 16
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of REVIVAL's
services, with an appropriate change in compensation and schedule only after Fayetteville City
Council approval of such proposed changes if required by City Policy IC -02, Contract Responsibilities,
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 REVIVAL.
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) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination..
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that REVIVAL 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 REVIVAL at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of REVIVAL's default.
City of Fayetteville, Arkansas — RFQ 19-01 '
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 7 of 16
6.5.4 If termination for default is effected by REVIVAL, 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
REVIVAL for services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by REVIVAL 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, REVIVAL 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 REVIVAL 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 REVIVAL to fulfill contractual obligations, it is determined that
REVIVAL 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 REVIVAL are suspended or delayed by CITY OF FAYETTEVILLE or by other
events beyond REVIVAL's reasonable control, REVIVAL shall be entitled to additional compensation
and time for reasonable costs incurred by REVIVAL in temporarily closing down or delaying the
Project.
6.7 Rights and Benefits
6.7.1 REVIVAL's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 8 of 16
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 REVIVAL 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 REVIVAL 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
6.8.3.3 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 REVIVAL written Notice at the address listed in Paragraph 6.13 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 REVIVAL 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 REVIVAL 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 days of the written
request to resolve the dispute.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 9 of 16
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to
remit payment toREVIVAL for services rendered byREVIVAL.
6.I0 Publications
610.1 Recognizing the importance ofprofessional development nnthe part ofREV|VA[s employees and
the importance of REVIVAL's public relations, REVIVAL may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to REVIVAL'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
FAYElTEV|LLE'scomments to REVIVAL. CITY OF FAYETTEV|LLE may require deletion of proprietary
data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will
not unreasonably withhold approval, The cost ofREV|VA[sactivities pertaining toany such
publication shall beatKEV|VA[ssole cost and responsibility.
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 REVIVAL from and against any and all loss where loss is
caused orincurred oralleged tobecaused orincurred inwhole mrinpart 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,disks ofCADD
drawings and cross sections, estimates, specification field notes, and data are and remain the
property of CITY OF FAYETTEVILLE. REVIVAL may retain reproduced copies of drawings and copies of
other documents.
6.12.2 The CITY OF FAYETTEVILLE acknowledges REVIVAL's plans and specifications, including documents
on electronic media ("delivered documents"), are instruments ofprofessional services.
Nevertheless, the delivered documents prepared under this Agreement shall bedelivered toand
become the property of the CITY OF FAYETTEVILLE upon completion of the services and payment in
City ofFayetteville, Arkansas —RFQl9-0z
vondnc Revival Architecture, Inc, — Project: Woolsey Farmstead Reconstruction pnojax
Page zOo(z8
full of all monies due to REVIVAL. Except for the REVIVAL's, services provided for by this Agreement
as related to the construction and completion of the Project, the REVIVAL accepts no liability arising
from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless REVIVAL is retained
by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered documents.
Except where the CITY OF FAYETTEVILLE reuses the delivered documents subsequent to the
completion of the Project, nothing contained in this paragraph shall alter the REVIVAL's
responsibilities and obligations under this Agreement.
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. REVIVAL makes no warranty as to the compatibility of
these files with any other system or software. Because of the potential degradation of electronic
medium overtime, 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
Fayetteville, AR 72701
REVIVAL's address:
301 Main St., Suite 203
North Little Rock, AR 72114
6.14 Successor and Assigns
6,14.1 CITY OF FAYETTEVILLE and REVIVAL 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,
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc, — Project! Woolsey Farmstead Reconstruction Project
Page 11 of 16
neither CITY OF FAYETTEVILLE nor REVIVAL 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, in the County of Washington, without regard to any conflicts of law provisions,
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between REVIVALzrid 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 REVIVAL a purchase
order, no preprinted terms thereon shall become.a part of this Agreement. Said purchase order
document, whether or not signed by REVIVAL, 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 REVIVAL:
7.1.1 CITY OF FAYETTEVILLE's or any Federal or State Agency's review, approval, or acceptance of design
drawings, specifications, reports and other services furnished hereunder shall not in any way relieve
REVIVAL of responsibility to its standard of care set forth in Section 6.2.1. Except as set forth in this
Agreement, neither CITY OF FAYETTEVILLE's nor any Federal or State Agency'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 REVIVAL shall be and shall remain liable, in accordance with applicable law, for direct property and
personal injury damages to CITY OF FAYETTEVILLE to the extent caused by REVIVAL's negligent
performance of the Services furnished under this Agreement; REVIVAL shall not be liable for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
City of Fayetteville, Arkansas - RFQ 19-01
Vendor: Revival Architecture, Inc. - Project: Woolsey Farmstead Reconstruction Project
Page 12 of 16
7.1.3 In no event will REVIVAL be liable for any special, indirect, or consequential damages including,
without limitation, damages or losses in the nature of increased Project costs, loss of revenue or
profit, lost production, claims by customers of OWNER, or governmental fines or penalties.
7.1.4 To the fullest extent permissible by law, and notwithstanding any other prov ision of this Agreement,
the total liability, in the aggregate, of REVIVAL, its officers, directors, shareholders, employees,
agents, and consultants, and any of them, to CITY OF FAYETTEVILLE and anyone claiming by, through
or under CITY OF FAYETTEVILLE, for any and all claims, losses, liabilities, costs or damages
whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from
any form of negligence, professional errors or omissions (including breach of contract or warranty)
of REVIVAL, its officers, directors, employees, agents or consultants, or any of them, SHALL NOT
EXCEED One Million Dollars ($1,000,000). The parties agree that specific consideration has been
given by the REVIVAL for this limitation and that it is deemed adequate.
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 REVIVAL arising 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 REVIVAL shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement and for three (3) years from the date of final payment
under this Agreement, in accordance with generally accepted accounting principles and practices
consistently applied in effect on the date of execution of this Agreement. REVIVAL shall also
maintain the financial information and data used by REVIVAL 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. REVIVAL
will provide proper facilities for such access and inspection.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. Project: Woolsey Farmstead Reconstruction Project
Page 13 of 16
7.3.2 Records under Paragraph 7.3.1above, shall bemaintained 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 nfaccess clause (with respect tofinancial records) applies ��
7.3.3.1 Negotiated prime agreements;
7.3.32 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of
any formally advertised, competitively awarded, fixed price agreement; and
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right ofaccess does not apply tna
prime agreement, lower tier subagreement or purchase order awarded after effective price
competition, except:
73.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records ofREVIVAL;
7.3]]2 if there bany indication that fraud, gross abuse orcorrupt 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 REVIVAL represents 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 REVIVAL for the purpose of securing business, For breach orviolation
of this representation, CITY OF FAYETTEV|LLE sha`| have the right to terminate this Agreement
without liability or at its discretion, to deduct from the contract price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage, or contingent fee.
City ofFayetteville, Arkansas —nrQ 19-01
Vendor: Revival Architecture, Inc, —Pnoject:vvooseyFannsteadReconstruction Project
Page 14of1G
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that REVIVAL or any of REVIVAL'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 REVIVAL 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 REVIVAL as it could pursue in the event of a breach of the
Agreement by REVIVAL.
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 (FOIA). If a Freedom of Information Act request is presented to the CITY
OF FAYETTEVILLE for records kept solely and only in the possession of REVIVAL, to the extent
required by law, REVIVAL will 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and REVIVAL, by its
authorized officer have made and executed this Agreement as of the day and year first above written.
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 15 of 16
CITY OF FAYE EVILLE .ARKANSA-
By:
Lion -ed Jordan, Mayor
DATE:
ATTEST:
Sondra E. Smith, City Clerk
�1T Y 0,.'9s�%
REVIVAL ARCHITECTURE Inc. =�: FAYE7TEVILI_E.�'
rZ• • �
kA NSP
. Imo' rr ••• `��
By:
Aaron Ruby AIA - Principal
DATE: April 18, 2019
END OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
City of Fayetteville, Arkansas — RFQ 19-01
Vendor: Revival Architecture, Inc. — Project: Woolsey Farmstead Reconstruction Project
Page 16 of 16
Appendix A
R E V I V A L
ARCHITECTURE
301 Main St. Suite 203 North Lithe Rock, 72114
501951.2080
www.revivalarch.com
April 15, 2019
Mr. Wade Abernathy
Facilities & Building Construction Manager
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Re: A Reconstruction of the Woolsey Farmstead/ Architectural Services Proposal
'Dear Mr. Abernathy:
Thank you very much for your continued pal(�nCe with us as ive-move forward with this uric{ Iclitle
and important project for the City of Fayetteville. This to servr s oA.Irpr<)I.-),,qsIl
for architectural services to complete Phase 11 frorn a Ilrevious aQre e-inent with {Alison At-IcIlite"rts,
as well as services for projects moving forward, including the \,V Cefll ctery Re-storlti oil, '111
s Ai� ice
an attempt to keep out proposal clear, we will address 6c s�d.df k6i s scparit�.Iy, lii;ginning
with a brief summary of past services already rendered.
1. A R'econstruction of the Wools .y Farmstead Proiects.1
_Kxtqrior,& I Interio The original
agreement between the City of Fayetteville and Allison Architects, Inc., dated June 23, 2016
was for two phases of the project as follows- Phase 1, for a fixed fee of $15,000.00 was for
Programming and a Phasing & Budget Plan. These services were completed and paid in full.
Phase 11, For a fixed fee of $35,000.00 was for full architectural services, including design
documents, bidding & construction administration for a portion of the reconstruction project,
including select demolition, structural stabilization and new foundation and roof—in essence
getting the historic house "in the dry". However, it was not for complete reconstruction to
include nclude the interior. These services have not been completed since the project has not yet been
bid. Allison Architects has invoiced and the City has paid $29,750.00, through 100%
construction documents (ready to bid), thus leaving $5,250.00 of the original contract
amount.
Revival Architecture, Inc. proposes to complete the services for Phase 11 for $5,250.00 plus
$20,000.00 for completion of details and specifications for the remainder of house, including
the 'interior (not previously included in previous.agreenient witb,AIIison,,Archi.tccts), is well as
the hiring of an on-site consultant (see. j'aragraph below). Revival Arehitecturc, Inc. .vIII
assume professional liability for all ol-th (,-: tiocUrnents on the 1,rofea, /",Ist; presentond filrun..,
and will be the architect ofrecordi5stuiig the divwfi�es ancYv17ccXi7atj6ns. Refer to the
enclosed letter from Allison Architects, Inc. prolviding, permission for Revival ro use the
drawings and specifications moving forward.
With regards to the on-site consultant, the above fee is inclusive of his anticipated expense. -
such as airfare, hotel, rental car, meals as well as his fee. He currently lives outside of
Richmond, Virginia and is actively involved on the rest0r,10011 ofhigh-profile historic
properties on the east coast including Mount Vernon, Montpellier & the Cupola House. We
have worked with him on two projects in Little Rock in the past, which have proven to be very
successful. Coincidentally, his daughter is an alumni of the University of Arkansas, so for
srveral reasons he remains interested in helping us on this project. We would expect hire to
travel to the project site twice during construction—once at the outset, for a duration of a few
days, prior to demolition and a second rime for approximately a week and a half when tic
stone chimney and roof was being installed. His particular expertise is strong in carpentry.
roofing and masonry.
2. Woolse + Cemetery Restoration (Project 3) -- 176r skryios, involving st rvging the existing
firmly cemetery on the property, to include d6cinnerio(ion ofgravesites (ac far, as can he
determined from markers located above ground), Arkansas Historic Register Determination of
Eligibility application and potential grant application (if the cemetery is found to qualify),
drawings and specifications for the purposes of bidding restoration and conservation of
cemetery markers and fencing, we propose a fixed fee of $6,500.00.
�. OutbUlldinos Restoraliorr rind Ri con'struction/ Parki—r'�g Lot (l?r°ojce._t 4 This prolert conslsCs
of the restoration of the original smokehouse and sweet potato curing house onsite, as well as
the reconsuuctiorr of remaining period outbuildings, which likely would have been present on
the farmstead and necessary for proper interpretation including a privy, chicken coop and barn.
Besides the outbuildings, we anticipate a fence, site lighting and a paved parking lot providing
safe and accessible parking and walkways for visitors. We anticipate the parking lot and
sidewalks connecting to City of Fayetteville walking & biking trails. We estimate construction
at Su`375,000.00. We propose a design f cc of 10% cost of -construction, or $37,500.00 to
include the cost of civil engineering. We estimate expenses, including printing, travel and a
civil survey of the entire property to be $5,000.00.
4. Lancisca 2c Restoration & Visioning Master Plan &ro` cr 5i: This project consists of
addressing the approximate 27 aures within the Woolsey Farmstead area, hound by the City's
wastewater treatment plan to the north, S. 54" Ave to the west, Woolsey Farm Rd to the
south and Broyles Ave, along the east. To complete the overall vision for the Woolsey
Farmstead project, a restoration of the landscape in this area is proposed. Essentially serving as
a park for public use and access, connected to the City's system of trails, the area provides a
w=onderful opportunity to restore the landscape to what would. have been experienced in the
early 19"' century, at the time the Woolsey's settled here. It is w=orth noting here rhat though
there arc numerous examples of early nincrecnth century farmsteads elsewhere in Arkansas and
the :region, none are known to give visitors the vista and the sense of openness and tranquility
of native. prairie that the Woolsey site offers—a remarkable fact given the extraordinary
development the City has experienced in the area. For these services, we propose $10,000.00
to include the hiring of FDG landscape Architects, whose proposal for these services is
attached. EDG is presently involved on a similar undertaking in Bentonville, called Osage
Park, which aims to restore the landscape and ecosystem to native species. The proposal from
L -:DG is attached for reference.
In summary, we propose a total not to exceed fee of $84,250.00, inclusive of anricipated expenses,
for services for these listed projects/. \N'e hope you will find this proposal matches your needs, and
helps you reach the ultimate vision of restoring the Woosley Farmstead; the cemetery and the
surrounding landscape. We remain very appreciate of your continued trust in us—and we look
forward to seeing this long -anticipated project become a reality soon.
Cordially,
March 06, 2019
Mr. Aaron Ruby
Revival Architecture
Re: Professional Restorative Landscape Master Planning
Woolsey Farmstead - Fayetteville, Arkansas
Dear Aaron:
Per your request, we are pleased to submit our proposal for initial services to provide a restorative landscape
master plan for the Woolsey Farmstead located in Fayetteville, Arkansas. This proposal is based on our
discussion Friday February 22nd
SCOPE OF WORK
The Scope of Work consist of reviewing all historic documentation obtained regarding this property, site visits
to document vegetation species and historic relevance to the site. The history and analysis of the site will be
utilized in the creation of a restorative landscape master plan. This vision document shall be utilized for
fundraising, estimating, and phasing the planned restoration work.
BASIC SERVICES
Given the above scope of work, we will provide the following basic services:
Restorative Landscape Master Plan:
1. Meetings, Site Visits and Coordination with appropriate Stakeholders;
2. Ecological Assessment with an emphasis on plant species and historic uses of the land;
3. Restorative Landscape Master Plan including but not limited to the following:
a. Site Analysis, vegetative analysis and historic research;
b. Space Development, Circulation and Experience Diagrams for the site;
c. Restorative vegetation guidelines, species selection and management;
d. Phasing and Opinion of Cost;
REMUNERATION
We propose to perform the scope of work described above for the following lump -sum fee of $7,500 inclusive
of reimbursable expenses.
Hourly Rates
The following hourly rates apply to Ecological Design Group's Basic Services and to any Additional Services
requested: `see attached schedule
We sincerely thank you for the opportunity to submit this proposal and look forward to working with you on
this exciting project. Your signature in the space provided on this proposal, returned to us, will indicate
Agreement and permit us to proceed with the work as directed.
Respectfully submitted,
ECOLOGICAL DESIGN GROUP, INC.
Martin L. Smith, PLA
Principal
Ecological Design Group, Inc. 1 210 E. Merriman Avenue Wynne, Arkansas 72396 1 www,pcoloaicalde.com:
CITY OF FAYETfEVILLE, ARKANSAS
CAPITAL IMPROVEMENTS PROGRAM (2018-2022)
Project Title: Woolsey Homestead Historic Restoration Project
Division: 140 - Facilities Management
Funding: 4470 - Sales Tax Capital Improvements
Category: Miscellaneous Capital Improvements
Rank: 2 Project #: 15008
Project Request
2018
90,000
2019
150,000
2020
163,000
2021
141,000
2022
200,000
Total $
744,000
Description:
The project is to reconstruct the Woolsey homestead, surrounding outbuildings, and cemetery back to the
1840's era to allow tours and educational events. The overall project is to create a tourism, an educational,
and a historical preservation component. The property is close to the Woolsey Wet Prairie and trail system.
Scheduled Implementation: Active Project
2018 - Phase 1 is for stabilization and demolition; 2019 - Phase 2 is the exterior reconstruction; 2020 - Phase
3 is the interior renovations; 2021- Phase 4 is to reconstruction the smokehouse reconstruction and
cemetery; and 2022 - Phase 5 is construction of the outbuildings.
Effect on Operations:
Master Plan(s) Addressed:
The City Council's Guiding Principles recommend "Educational, Research and Healthcare Excellence" and a
"Fun City in Which to Live" and once completed, the Woolsey Homestead restoration will provide an
educational component by offering what a mid 1800's farmstead would have looked like and touch on the
ways of life in that era. With a connection to the trails and wetlands, the homestead also provides a fun
destination. Bringing this building back from deterioration and disrepair also supports the initiative of having
"Well -Maintained City Infrastructure and Facilities."
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