HomeMy WebLinkAbout78-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 78-22
File Number: 2022-0139
RFQ 21-01 SELECTION 20, CROMWELL ARCHITECTS ENGINEERS, INC.:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES WITH CROMWELL ARCHITECTS
ENGINEERS, INC., PURSUANT TO RFQ 21-01 SELECTION 20, TO PROVIDE DESIGN
SERVICES RELATED TO THE FLEET SHOP EXPANSION IN AN AMOUNT NOT TO
EXCEED $52,750.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $15,000.00
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 authorizes Mayor
Jordan to sign an Agreement for Professional Architectural Services with Cromwell Architects
Engineers, Inc., pursuant to RFQ 2 1 -01 Selection 20, to provide architectural and engineering design
services related to the expansion of the fleet shop in an amount not to exceed $52,750.00, and further
approves a project contingency in the amount of $15,000.00.
PASSED and APPROVED on 4/5/2022
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0139
Agenda Date: 4/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.5
RFQ 21-01 SELECTION 20, CROMWELL ARCHITECTS ENGINEERS, INC.:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES WITH CROMWELL ARCHITECTS ENGINEERS,
INC., PURSUANT TO RFQ 21-01 SELECTION 20, TO PROVIDE DESIGN SERVICES RELATED TO
THE FLEET SHOP EXPANSION IN AN AMOUNT NOT TO EXCEED $52,750.00, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00
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 authorizes Mayor Jordan
to sign an Agreement for Professional Architectural Services with Cromwell Architects Engineers, Inc.,
pursuant to RFQ 21-01 Selection 20, to provide architectural and engineering design services related to the
expansion of the fleet shop in an amount not to exceed $52,750.00, and further approves a project contingency
in the amount of $15,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 41612022
City of Fayetteville Staff Review Form
Sara Combs
Submitted By
2022-0139
Legistar File ID
4/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/10/2022 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract with Cromwell Architects, per RFQ 20-01, selection 20 for
Architectural and Engineering designs to expand the Fleet Shop in an amount $52,750.00, with a $15,000
contingency.
9700.770.1920-5804.00
Account Number
21006.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Shop
Fund
Shop Expansion
Project Title
$ 132,000.00
$ 132,000.00
$ 67,750.00
64,250.00
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 5, 2022
TO: Mayor and City Council
THRU: Terry Gulley, Public Works Assistant Director
FROM: Sara Combs, Fleet Operations Superintendent
DATE: February 24, 2022
CITY COUNCIL MEMO
SUBJECT: Architectural and Engineering services for Shop expansion
RECOMMENDATION:
Staff recommends approval of a contract with Cromwell Architects, per RFQ 20-01, selection 20
for Architectural and Engineering designs to expand the Fleet Shop in an amount of $52,750.00,
with a $15,000 contingency.
BACKGROUND:
The Fleet itself continues to grow with the needs of our user departments, however the Fleet
shop does not. With the opening of the new Fleet Wash, the old truck wash is obsolete and
taking up space at the end of the shop. This is valuable space that could be brought back in as
usable shop space.
DISCUSSION:
This project was originally approved under the assumption that our internal Facilities
Department would be able to handle the renovation. In 2021, it was determined that this is a
larger project than Facilities can take on and there are additional components that need to be
considered with Fleet Equipment. A selection committee was formed and on September 28,
2021 Cromwell was chosen in RFQ 21-01, selection 20.
BUDGET/STAFF IMPACT:
This Shop Expansion project was originally approved for $132,000. It has become apparent
that this renovation will likely be more than that. We will not know the full projected cost until
after Cromwell is able to find out what all is required. Cromwell's fee is to be 7.25% of the final
construction cost, not to exceed $52,750. However, with the market as volatile as it is currently,
Fleet would like to request a $15,000 contingency.
Attachments:
Cromwell Contract
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ARCHITECTURAL SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CROMWELL ARCHITECTS ENGINEERS, INC.
THIS AGREEMENT is made as of AQC ` 5� ZO 2Z by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and CROMWELL ARCHITECTS ENGINEERS, INC. (hereinafter called ARCHITECT).
CITY OF FAYETTEVILLE from time to time requires professional engineering 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 CROMWELL ARCHITECTS ENGINEERS, INC.
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 CROMWELL ARCHITECTS
ENGINEERS, INC. has full responsibility for the architectural services.
Cromwell Fleet Services Wash Bay I
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 ENGINEER 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. 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
the services thru CD's is 6 months. The Bidding and Construction Administration phase schedule
TBD.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $_52,750 . The
CITY OF FAYETTEVILLE shall compensate ARCHITECT based on a 7.25% final cost basis
with a not to exceed as described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ARCHITECT'S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Cromwell Fleet Services Wash Bay 2
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 ARCJOTECT or his sureties under this Agreement or
applicable performance and payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
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:
Tyne 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
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Cromwell Fleet Services Wash Bay
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) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Cromwell Fleet Services Wash Bay 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
incurred by ARCHITECT in temporarily closing down or delaying the Project.
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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 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE 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
Cromwell Fleet Services Wash Bay 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 all 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
CROMWELL ARCHITECTS ENGINEERS, INC. address:
109 w. Emma Ave
Springdale, AR, 72764
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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 under 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 under 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
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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 business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
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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 (FOIA). 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, 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 FA�f ETTEVILLE, ARKANSAS CROMWELL ARCHITECTS ENGINEERS,
INC. ' I
By: Bv:
Ma r, Lio eld Jar
ATTEST:
��►�1lI}I?IF 0
By: •uf '" itl
City Clerk --Vrec-SweC J
U;
FAYETjEV4LLE
A
Cromwell Fleet Services Wash Bay"!, •���
Architect, Regional Director
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Cromwell Fleet Services Wash Bay I I
APPENDIX A
[]CROMWELL
January 27, 2022
Wade Abernathy
Director, Bond Projects and Facilities
City of Fayetteville, Arkansas
RE: Project Scope I Fee Proposal
Fayetteville Fleet Services Building
Wash Bay Renovation
Mr. Abernathy:
Thank you for the opportunity to work together on this remodel project for the City of Fayetteville. Below
is a framework that lays out the general description of services which can then be used to generate an
professional services agreement between owner and architect as needed.
Project Overview
The City of Fayetteville's Fleet Services Building is located just south of 15th Street at 1525 S. Happy
Hollow Rd. The pre-engineered metal building houses offices, storage, mechanic service bays, and a
wash bay for city fleet vehicles.
This project is intended to remodel the wash bay, which is to be turned into another mechanic service bay
and will include the following work on the west end of the building:
• Infill floor drain to create a level concrete floor
• Add new lighting and electrical elements similar to existing service bays
• Extend existing air and oil lines to the new service bay
• Install radiant heaters
• Evaluate conditions for and selection of a new 10-20 ton bridge crane
• Evaluate the possibility of adding an HVLS fan to the remodeled bay
• Remove/repair/replace damaged exterior metal wall panels and insulation
Scope of Services
Based on our previous discussions, I understand our scope of services to be the following:
• Architectural Construction Documents
o Demolition Plan
o Floor Plan
o Elevations
o Building Section
o Details
• Engineering Construction Documents
o Structural [bridge crane]
o Mechanical
CROMWELL ARCHITECTS ENGINEERS
109 W. Emma Ave. I Springdale, AR 72764 1 501.372.2900 1 cromwell.com
APPENDIX A
13
o Electrical
o Plumbing
o Life Safety
• Bidding
• Construction Administration
FEE: 7.25% final cost of construction, not to exceed $52,750
Reimbursable Expenses:
Reimbursable expenses will include printing, shipping, and travel to the site. These expenses will be
passed through at 1.OX actual cost as needed. Site travel will be billed at federal standard mileage rates.
Additional Services
Other services provided by Cromwell can be added at any time for a negotiated fee. Any additional
services can be described and estimated in a separate proposal letter and work on those services would
not commence without written approval from the contracted entity.
If you agree to this scope of work and fee, please sign below and return. We look forward to working with
you!
Cordially,
Joshua P. Danish, AIA
Regional Director
2
CROMWELL ARCHITECTS ENGINEERS
109 W. Emma Ave. I Springdale, AR 72764 1 501.372.2900 1 cromwell.com
Newly Revised Form 03/29/22
City of Fayetteville Staff Review Form
2022-0139
Legistar File ID
4/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Sara Combs 2/10/2022 FLEET OPERATIONS (770)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract with Cromwell Architects, per RFQ 21-01, selection 20 for
Architectural and Engineering designs to expand the Fleet Shop in an amount $52,750.00, with a $15,000
contingency.
Budget Impact:
9700.770.1920-5804.00 Shop
Account Number
21006.1
Fund
Shop Expansion
Project Number Project Title
Budgeted Item? Yes Current Budget $ 132,000.00
Funds Obligated $ -
Current Balance 132,000.00
Does item have a cost? Yes Item Cost $ 67,750.00
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget 64,250.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution
Change Order Number: Approval Date:
Original Contract Number
Comments:
Newly Revised Memo 03/29/22
CITY OF
_ FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 5, 2022
TO: Mayor and City Council
THRU: Terry Gulley, Public Works Assistant Director
FROM: Sara Combs, Fleet Operations Superintendent
DATE: February 24, 2022
CITY COUNCIL MEMO
SUBJECT: Architectural and Engineering services for Shop expansion
RECOMMENDATION:
Staff recommends approval of a contract with Cromwell Architects, per RFQ 21-01, selection 20
for Architectural and Engineering designs to expand the Fleet Shop in an amount of $52,750.00,
with a $15,000 contingency.
BACKGROUND:
The Fleet itself continues to grow with the needs of our user departments, however the Fleet
shop does not. With the opening of the new Fleet Wash, the old truck wash is obsolete and
taking up space at the end of the shop. This is valuable space that could be brought back in as
usable shop space.
DISCUSSION:
This project was originally approved under the assumption that our internal Facilities
Department would be able to handle the renovation. In 2021, it was determined that this is a
larger project than Facilities can take on and there are additional components that need to be
considered with Fleet Equipment. A selection committee was formed and on September 28,
2021 Cromwell was chosen in RFQ 21-01, selection 20.
BUDGET/STAFF IMPACT:
This Shop Expansion project was originally approved for $132,000. It has become apparent
that this renovation will likely be more than that. We will not know the full projected cost until
after Cromwell is able to find out what all is required. Cromwell's fee is to be 7.25% of the final
construction cost, not to exceed $52,750. However, with the market as volatile as it is currently,
Fleet would like to request a $15,000 contingency.
Attachments:
Cromwell Contract
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701