HomeMy WebLinkAbout80-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 80-23
File Number: 2023-506
WER NORTHWEST ARKANSAS, PLLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH WER
NORTHWEST ARKANSAS, PLLC, PURSUANT TO RFQ #22-10, IN THE ESTIMATED AMOUNT OF $39,000.00
FOR FULL ARCHITECTURAL DESIGN SERVICES RELATED TO MULTIPLE CITY FACILITIES
IMPROVEMENTS
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 professional architectural
services agreement with WER Northwest Arkansas, PLLC, pursuant to RFQ 922-10, in the estimated amount of
$39,000.00 for full architectural design services related to multiple city facilities improvements.
PASSED and APPROVED on April 4, 2023
Page 1
Attest:
n ca:
Kara Paxton, City Cler reasurer f1Y t=i-i rry .' ♦-�
rr•
CITY OF
FAYETTEVILLE
900-11T ARKANSAS
MEETING OF APRIL 4, 2023
CITY COUNCIL MEMO
TO: Mayor Jordan and City Council
THRU: Waylon Abernathy, Bond Projects & Construction Dir
Paul Becker, Chief Financial Officer
FROM: Quin Thompson, Facilities & Bldg Maint Manager
DATE:
SUBJECT: Approval of a contract for architectural design services
RECOMMENDATION:
2023-506
Staff recommends approval of a contract with WER Northwest Arkansas, PLLC for full architectural
design services including design, construction documents, bidding and negotiation, and construction
administration services for the full period of construction on roofs of multiple City facilities. Design fees
shall be 6.5% of the construction cost, paid to WER on a per project basis, with overall project cost
estimated at $600,000.00 and a total cost of design limited to $39,000.
BACKGROUND:
While reviewing the condition of City facilities, Staff identified needed improvements to the roofs in
several buildings.
DISCUSSION:
Buildings requiring roof maintenance and replacement include:
City Hall and the current Police Headquarters, whose roofs are approaching the end of their
functional lifespan and require replacement.
Recycling and Solid Waste Transfer Station and Fayetteville Town Center, whose roofs need to
be prepared for the addition of solar panels.
Water & Sewer Operations Center, where multiple leaks need to be addressed.
BUDGET/STAFF IMPACT:
This project is funded by Sales Tax Capital Improvement funds.
ATTACHMENTS: 2023-506 SRF WER Architects - roofs x 5, RFQ 22-10 WER signed
Page 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-506
Approval of a contract for architectural design services
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT WITH WER NORTHWEST ARKANSAS, PLLC, PURSUANT TO RFQ #22-10, IN
THE ESTIMATED AMOUNT OF $39,000.00 FOR FULL ARCHITECTURAL DESIGN SERVICES
RELATED TO MULTIPLE CITY FACILITIES IMPROVEMENTS
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 professional
architectural services agreement with WER Northwest Arkansas, PLLC, pursuant to RFQ #22-10, in the
estimated amount of $39,000.00 for full architectural design services related to multiple city facilities
improvements.
Page 1
Quin Thompson
Submitted By
City of Fayetteville Staff Review Form
2023-506
Item ID
3/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/2/2023
Submitted Date
Action Recommendation:
FACILITIES MANAGEMENT (140)
Division / Department
Staff recommends approval of a contract with WER Northwest Arkansas, PLLC for full architectural design services
including design, construction documents, bidding and negotiation, and construction administration services for
the full period of construction on roofs of multiple City facilities. Design fees shall be 6.5% of the construction cost,
paid to WER on a per project basis, with overall project cost estimated at $600,000.00 and a total cost of design
limited to $39,000.
Budget Impact:
4470.140.8900-5315.00 Sales Tax Capital Improvements
Account Number Fund
02046.1 Building Improvements
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 1,010,630.00
Expenses (Actual+Encum) $ 53,774.45
Available Budget Is 956,855.55
Does item have a direct cost? Yes Item Cost $ 39,000.00
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget _
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The Item Cost amount listed is an estimate. Item cost will be calculated on a percentage of construction
costs.
CONTRACT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE REPAIR AND REPLACEMENT
OF ROOFING FOR CERTAIN CITY OF FAYETTEVILLE BUILDINGS
Vendor: WER Architects
THIS AGREEMENT is executed this 4th day of Al2ril , 2023, by and between the City of
Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and WER Northwest
Arkansas, PLLC (hereinafter called ARCHITECT or WER).
CITY OF FAYETTEVILLE from time to time requires professional ARCHITECTURAL and Engineering services in connection
with the evaluation, design, construction drawings, bidding, and/or construction observation of capital improvement
projects. Therefore, City and WER in consideration of their mutual covenants agree as follows:
WER shall serve as the professional architectural consultant to the CITY in those assignments to which this Agreement
applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the
scope of work. All services shall be performed under the direction of a licensed architect registered in the State of
Arkansas and qualified in the particular field.
1. Contracted parties:
a. This agreement shall be binding between all parties. Fees for architectural services shall be provided as
identified in appendices.
2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a. Appendices included under this agreement include the following:
i. Appendix A: Scope of Services
ii. Appendix B: WER Design Fee and Project Timeline
iii. Appendix C. RFQ 22-01, Engineering and Architectural Services
iv. Appendix D: WER's Response to RFQ 22-01
v. Appendix E: WER current Certificate of Insurance
b. This agreement maybe modified only by a duly executed written instrument signed by the CITY and WER.
3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
a. City of Fayetteville: Attention: Mayor Lioneld Jordan,113 W. Mountain, Fayetteville, AR 72701
b. WER: Attention: John Langham, 112 West Center Street, Suite 410, Fayetteville, AR 72701
4. Fees, Expenses, and Payments:
a. Fees of 6.5% of construction cost shall be paid to WER on a per project basis with estimated total cost of
$600,000.00, as described in Appendix B.
i. Reimbursable Items (as defined in Appendix A and B)
b. WER shall track, log and report hours and expenses directly related to this Agreement. Invoices shall be
itemized by phase. Invoice and payment requests shall not exceed the percentage for work completed as
defined by Appendix B.
c. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a
portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF
RFQ22-10, Engineering & Architectural Services —Selection 15
FAYETTEVILLE shall advise WER in writing of the basis for any disputed portion of any invoice. CITY shall
make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved.
d. Monthly invoices 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 WER's normal billing
schedule. Once established, the billing schedule shall be maintained throughout the duration of the
Project. Invoices shall be made in accordance with a format to be developed by WER's 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 professional services for the Project.
e. Final Payment: 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, WER
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 WEIR to be
set forth therein.
i. 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 claims
against WER or sureties under this Agreement.
5. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight
courier.
6. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
7. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
8. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the architect 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 photo coping costs pursuant to the FOIA may be assessed for this compliance.
9. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
10. Omissions by the Architect: 1f WER fails to include or omits an item from the Contract Documents, which was
fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, WER will not
receive a fee for work associated with the Change Order.
11. Insurance: WER shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for
the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to
major subconsultants including MEP, Structural, and Civil, WER shall require the subconsultant to provide the
insurance identified. in case any employee engaged in work on the project under this contract is not protected
under Worker's Compensation Insurance, WEIR shall provide and shall cause each Subcontractor to provide
adequate insurance for the protection of such of his employees as are not otherwise protected.
a. WER shall provide to the City certificates as evidence of the specified insurance presented in Appendix E
within ten (10) calendar days of the date of this agreement and upon each renewal coverage. The City
shall be listed as additional insured entity.
RFQ 22-10, Engineering & Architectural Services — Selection 15
b. Subconsultants not identified as major subconsultants shall maintain reasonable insurance including but
not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc.
12. Professional Responsibility: WER will exercise reasonable skill, care, and diligence in the performance of services
and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF
FAYETTEVILLE will promptly report to WER any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so WER 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 WER.
13. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of WER:
i. Provide full information as to the requirements for the Project.
ii. Assist WER by placing at WER's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
iii. Assist WER in obtaining access to property reasonably necessary for WER to perform its
services under this Agreement.
iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by WER and render in writing decisions pertaining thereto.
v. Review all documents and provide written comments to WER in a timely manner.
vi. The City of Fayetteville Facilities Director is the project representative with respect to the
services to be performed under this Agreement. The Facilities Director shall have
complete authority to transmit instructions, receive information, interpret and define
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.
14. Cost Opinions and Projections: Cost opinions and projections prepared by the WER relating to construction
costs and schedules, operation and maintenance costs, equipment characteristics and performance,
cost estimating, and operating results are based on WER's experience, qualifications, and judgment as a
design professional. Since WER 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, WER does not
guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost
opinions and projections prepared by WER.
15. Period of Service: This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
a. 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. WER 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 an Appendix.
RFQ 22-10, Engineering & Architectural Services — Selection 15
16. Termination:
a. 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:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that WER is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. 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
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
H. Any payment due to WER at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of WER's default.
d. If termination for default is effected by WER, 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 WER for services
rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by WER relating to commitments which had become firm prior to the termination.
e. Upon receipt of a termination action, WER shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. 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 WER in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of WER to fulfill contractual obligations, it is determined that WER 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
this agreement.
17. Delays
a. In the event the services of WER are suspended or delayed by CITY OF FAYETTEVILLE or by other events
beyond WER's reasonable control, WER shall be entitled to additional compensation and time for
reasonable documented costs actually incurred by WER in temporarily closing down or delaying the
Project.
b. In the event the services are suspended or delayed by WER, City shall be entitled to compensation for its
reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to
waive its right to claim (in addition to direct damages) special, indirect, or consequential damages,
RFQ 22-10, Engineering & Architectural Services — Selection 15
whether such liability arises in breach of contract or warranty, tort (including negligence), strict or
statutory liability, or any other cause of action.
18. Rights and Benefits
a. WER's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
19. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and WER 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 WER in the performance of this Agreement, and disputes
concerning payment.
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given as described in this agreement, 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 this agreement have been complied with.
c. Notice of Dispute
I. 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.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give WER written Notice at the address listed in this agreement within thirty (30) calendar
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.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and WER 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 B WER 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
calendar days of the written request to resolve the dispute.
20. Sufficient Funds: The CITY represents it has have sufficient funds or the means of obtaining funds to remit
payment to WER for services rendered by WER.
21. Publications:
a. Recognizing the importance of professional development on the part of WER's employees and the
importance of WER's public relations, WER may prepare publications, such as technical papers, articles
for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to
WER'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 FAYETfEVILLE's comments to WER, CITY OF FAYETTEVILLE may require deletion of
proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE
will not unreasonably withhold approval. Approved materials may be used in a variety of situations and
do not require additional review or approval for each use. The cost of WER's activities pertaining to any
such publication shall be for B WER's account.
RFQ 22-10, Engineering & Architectural Services — Selection 15
22. Indemnification:
a. WER agrees to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss
caused by negligence and 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 WER, or their employees, agents, Subcontractors, sub consultant and
Suppliers of the WER.
23. Ownership of Documents:
a. 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.
WER may retain reproduced copies of drawings and copies of other documents.
b. Engineering and architectural documents, computer models, drawings, specifications and other
hard copy or electronic media prepared by WER as part of the Services shall become the
property of CITY OF FAYETTEVILLE when WER has been compensated for all Services rendered,
provided, however, that WER shall have an unrestricted perpetual license right to their use. WER
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 WER.
c. Any files delivered in electronic medium may not work on systems and software different than
those with which they were originally produced. WER 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.
24. Additional Responsibilities of WER:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services
furnished hereunder by CITY shall not in any way relieve WER of responsibility for the technical
adequacy of the work. Review, approval or acceptance of, or payment for any of the services by
CITY shall not 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.
b. WER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY
OF FAYETTEVILLE caused by WER's negligent performance, except beyond the WER normal
standard of care, of any of the services furnished under this Agreement, and except for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
c. WER's obligations under this clause are in addition to WER'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 WER for faulty materials, equipment, or work.
d. Deliverables for Record Documents or "as-builts" shall be defined as the following. WER will provide one
set of Drawings in digital (PDF) format that includes final revisions formalized by WER through the course
of the Work. Field revisions as supplied by the CMAR to WER at close out shall be included as part of
WER's "As -guilts". WER will also provide AutoCAD compatible (DWG) vector format digital background
files of a project site plan, floor plans and ceiling plans.
25. Audit and Access to Records:
RFQ 22.10, Engineering & Architectural Services —Selection 15
a. WER 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.
b. WER shall also maintain the financial information and data used by WER 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, 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.
WER will provide proper facilities for such access and inspection.
c. Records 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 unti-
three years after the date of resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
L Negotiated prime agreements:
ii. Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
iii. 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 sub agreement or purchase order awarded after
effective price competition, except:
1. With respect to record pertaining directly to sub agreement performance,
excluding any financial records of WER;
2. If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
26. Covenant Against Contingent Fees:
a. WER 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 WER 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 contract price or consideration, or otherwise recover, the
full amount of such commission, percentage, brokerage, or contingent fee.
27. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that WER or any of WER'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, or related third party contractor
associated with this project, in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
RFQ 22-10, Engineering & Architectural Services — Selection 15
Agreement, CITY OF FAYETTEVILLE may, by written notice to WER 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.
b. The CITY may pursue the same remedies against WER as it could pursue in the event of a breach
of the Agreement by WER. 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, which shall be not less than three nor more than ten times the costs WER
incurs in providing any such gratuities to any such officer or employee.
28. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity
Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60-741.5(a), if applicable.
a. Architect shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as protected
veterans or individuals with disabilities and prohibit discrimination against all individuals based on their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action to employ
and advance in employment individuals without regard to race, color, religion, sex, sexual orientation,
gender identity, national origin, protected veteran status or disability.
b. Architect and subconsultants certify that they do not maintain segregated facilities or permit their
employees to perform services at locations where segregated facilities are maintained, as required by 41
CFR 60-1.8.
RFQ 22-10, Engineering & Architectural Services —Selection 15
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and WER ARCHITECTS by
its authorized officer have made and executed this Agreement as of the day and year first above written.
CITY OF FAY EVILLE KANSAS WER Northwest Arkansas. PLLC
i
By: 13
LIONS JO ❑AN, R JOHN LANGHAM, PRl
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ATTEST:
B �f: •`�
Kara Paxton, City Clerk treo-sorif'►�i4y ^! I :s`�-
Date Signed: 04/04/2023 �'�rr�►:s 1!-Vate Signed:
3 zoZ3
END OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
RFQ 22-10, Engineering & Architectural Services —Selection 15