HomeMy WebLinkAbout83-00 RESOLUTIONRESOLUTION NO. 83-00
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT FOR RECREATION
PLANNING SERVICES WITH LOSE & ASSOCIATES, INC., IN
THE AMOUNT OF $100,000, FOR THE DEVELOPMENT OF A
COMPREHENSIVE PARKS AND RECREATION MASTER
PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute
an agreement for recreation planning services with Lose & Associates, Inc , in the amount of
$100,000, for the development of a comprehensive Parks and Recreation Master Plan. A copy of
the agreement is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this20° day of June , 2000.
APPROV
By:
ATTEST:
By:
Heather Woodruff, City Clerk
Fred Hanna, Mayor
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• EXHIBIT A
CITY OF FAYh1 t EVILLE
AGREEMENT FOR RECREATION PLANNING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Agreement entered into and executed this day of _ //n& 2000, by and
between the City of Fayetteville acting by and through its yor hereinafter called the OWNER and
LOSE & ASSOCIATES, Inc. with offices located in Nashville, Tennessee.
WITNESSETH:
Whereas, the OWNER is planning to develop a COMPREHENSIVE PARKS AND RECREATION
MASTER PLAN and
Whereas, LOSE & ASSOCIATES staff is adequate and well qualified and it has been determined that
its current work load will permit completion of the plans for the project on schedule;
Vim
Now therefore, it is considered to be in the best public interest for the OWNER to obtain assistance
of LOSE & ASSOCIATES in connection with said services. In consideration of the faithful
performance of each party of the mutual covenants and agreements set forth hereinafter, it is
mutually agreed as follows:
SECTION I - EMPLOYMENT OF LOSE & ASSOCIATES
The OWNER agrees to employ LOSE & ASSOCIATES to perform, and LOSE & ASSOCIATES agrees
to perform, professional PLANNING services in connection with the project set forth in the Sections
to follow; and the OWNER agrees to pay and LOSE & ASSOCIATES agrees to accept, as specified
in the Sections to follow as full and final compensation for work accomplished in the specified time.
SECTION II -DESCRIPTION OF THE PROJECT
The City of Fayetteville Parks and Recreation Division has requested qualifications to develop a
comprehensive master plan to guide the department's growth over the next ten years. The master
plan is to include:
• Data collection and analysis of national standards, a review of the Fayetteville 2020 plan,
Northwest Arkansas Regional Planning information, the 1994 Park Master Plan and current city
policies and goals relating to open space and parks. X
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• Direction of a public input process to determine needs for park facilities and programs, gain an
understanding of how the public perceives the current facilities and programs, and to formulate W
goals and objectives for the future of the department.
EXH
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• Preparation of a survey to be distributed through the school system. The survey will cover
recreational needs, programs, quality of services and availability of facilities. LOSE &
ASSOCIATES will tabulate the results based on a random sample of responses.
• Assessment and inventory of all parkland and facilities.
• Review and evaluation of existing parkland ordinances to make recommendations relating to
land acquisition, open space, park development, recreation facilities and greenways.
• Opinions of probable cost for recommended facilities and acquisitions, as well as a prioritized
list for implementation of facilities and acquisitions.
• An action plan for the Parks and Recreation Division with a detailed summary of expenditures
and recommendations for implementing strategies and priorities, developed through public
input and staff interviews and assessments.
• Analysis and development of a classifications system for parks and park development guidelines.
• Recommendations for facility development, maintenance, risk management, staffing, and
program standards to achieve the goals of the proposed parks classification system.
• An assessment of the relationship of Fayetteville Parks and Recreation resources to NRPA
accreditation program.
• An assessment of programs and joint venture opportunities with existing local support recreation
providers. Groups to be included in the assessment process include: Fayetteville Youth Center,
City of Fayetteville Trails Committee, Fayetteville Youth Baseball, Fayetteville Baseball
Association, Fayetteville Public School System, Botanical Garden Society of the Ozarks, and
various sports associations.
• Review of current fees and charges policies.
• Review of current programs for special populations and recommendations to increase services,
incorporating public input and interviews.
• Identification of natural resources that should be made a part of the park system.
• Review of current security concerns and recommendations to reduce vandalism or other
nefarious activities in the parks.
During the master planning process, the OWNER requires LOSE & ASSOCIATES to work closely
with recreation staff members to gain an in-depth understanding of the department and the
community. LOSE & ASSOCIATES will contact other city departments, including the planning and
community development divisions, the office of the mayor, and police department officials to gain
their insight on parks and recreation. The information gained through the planning process will be
illustrated and documented in a bound master plan report. Graphic material and maps as necessary
to convey findings for both the final report and public meetings will be provided as part of the
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master planning process. Graphics will be coherent in both color and black and white formats.
The final master plan will be presented to the general public, City staff and the Parks and Recreation
Advisory Board for review and discussion. The plan will also be presented to the Mayor and City
Council for their review and official adoption. Forty (40), bound and one (1), unbound copy of the
Comprehensive Master Plan final draft will be provided, along with a digital file of the plan.
SECTION III - INFORMATION & SERVICES
The OWNER will furnish site plans of all parks, or if site plans are not available, site topographic
mapping or aerial mapping that is currently available on the City's GPS system. This mapping will
be provided, free of charge, to LOSE & ASSOCIATES on magnetic media.
The OWNER will provide the following reports or inventories to LOSE & ASSOCIATES
REPORTS AND LANDUSE DATA
Fayetteville Zoning and Land Use Manual.
Fayetteville 2020 Plan.
Northwest Arkansas Regional Planning Manual.
1994 Park Master Plan.
All Regulations Pertaining to Park Land and Open Space.
INVENTORIES AND LISTINGS
Listing of all Existing Parks and Community Centers.
Listing of all Recreation Programs and Special Events.
Listing of all Agencies with Joint Use or Provider Agreements.
Listing of all Athletic Associations.
Listing of all Employees.
Inventory of Maintenance Equipment "large equipment, trucks, mowers, etc."
Inventory of Office Equipment "computers, fax, recreation software, etc."
Inventory of Recreation Equipment "major cost items to operate programs"
Copy of all Operation Manuals.
Copy of all Recreation Polices.
Copy of Current and Inunediate past Budget.
Copy of all Job Description.
When available, the City will provide the aforementioned documents in a digital format.
SECTION IV - SERVICES TO BE FURNISHED BY LOSE & ASSOCIATES
The tasks required to complete the planning process consist of the following:
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Task I: Kick-off Meeting, Steering Committee Formation, Interviews and Data Collection
A. KICK-OFF MEETING
LOSE & ASSOCIATES will conduct a kick-off meeting with Parks and Recreation Division staff
and the Parks Advisory Board. At this meeting, we will review the schedule for the development
of the master plan and establish dates for various public meetings and the steering committee
workshop. This meeting will also allow staff and board members to pose questions to the master
plan team or express areas they feel should be looked at closely during the planning process. The
kick-off meeting is generally a two-hour meeting. Following the meeting, our team will meet
with staff to review the inventory and mapping available for the project and identify additional
information that will be needed.
The next day, our team will begin the interview process. We like to interview advisory board
members, elected officials and parks and recreation staff as early in the process as possible. We
like scheduling a full day of interviews on a one-hour rotating basis While some team members
are conducting interviews, other team members begin the site visit process.
B. STEERING COMMITTEE FORMATION
LOSE & ASSOCIATES will help the city develop a steering committee of Fayetteville residents.
LOSE & ASSOCIATES will also prepare a list of criteria for inclusion on the committee, prepare
and mail an invitation, along with task descriptions, to the chosen candidates. Committee
members will be asked to commit to attending a project kick-off meeting, public meetings, a two-
day workshop and a city-wide presentation of the final recreation master plan. It is understood
that the committee shall have twenty to twenty-five members representing as wide a variety of
recreational interests as possible.
C. FACILITATION AND WORKING MEETINGS
LOSE & ASSOCIATES will prepare an agenda for all project meetings. The agenda will clearly
outline each meeting component and a timeframe for completion of individual elements. 1t is
understood that the City of Fayetteville will provide host facilities for all meetings—LOSE &
ASSOCIATES will provide all requisite materials such as presentation aids, flip charts, etc.
Project meetings to be facilitated include, but may not be limited to, the following:
• Individual interviews with recreation board members, and selected city staff members, elected
officials including council members, members of the Board of Education and other recreation
proponents. The purpose of these interviews is to further refine project needs and desires and
to identify issues and concerns that may impact the final plan.
• Facilitation of a kick-off meeting with the steering committee, including an overview of the
project, as well as participant expectations.
• Facilitation of up to 10 public meetings in Fayetteville.
• Facilitation of a staff meeting or working session to summarize the results of interviews and
public meetings, and to discuss the agenda for a two-day steering committee workshop.
• Facilitation of the steering committee workshop to identify department strengths and
weaknesses, goals, and parks and recreation facility and program needs.
• Facilitation of a staff meeting or working session to summarize the results of public input,
including the steering committee workshop.
• Presentation to a joint meeting of the Fayetteville City'Council and the Fayetteville Parks and
Recreation Division summarizing the results of public input, including the steering committee
workshop.
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Task II:Preparation of Recreation Survey
A written recreation survey is an established tool for gathering public input Written surveys allow
individual concerns and desires to be expressed without attending public forums.
A. SURVEY PREPARATION
Lose & Associates will prepare a written survey on recreation opportunities and facilities. The
survey will include questions relating to facility distribution, facility desires, program
participation, desired programs and correct use patterns.
B. SURVEY DISTRIBUTION
Lose & Associates will print 6000 surveys for distribution. Working with the Fayetteville Parks
& Recreation Department staff, we will determine the best method for distribution and collection
of the surveys. It is anticipated that surveys will be distributed through the school system,
community centers, libraries and other public facilities.
C. Lose & Associates will review written surveys collected by the Fayetteville Parks & Recreation
Department. Survey totals will be included in the summary of public input following completion
of Task III.
Task III: Public Input Process
The input of the community is a fundamental part of the comprehensive planning process. A
parks and recreation system is not effective unless it caters to the needs of all members of the
community. Therefore, eliciting input from the people is a significant part of the planning
process. There are several ways in which input is sought from the community. These are as
follows:
A. PUBLIC MEETINGS
These forums are advertised throughout the community and offer opportunities for large groups
of people to come together and express their opinions about the parks and recreation system and
offer ideas for its improvement. The public meeting serves as a point of interaction between the
planning team and the people, making the planning process a collaborative effort of planning
professionals and the population served by the plan. The public meeting is widely advertised
throughout the community and provides an opportunity to discuss the planning process and to
generate enthusiasm among the people for whom it is being developed.
In Fayetteville, we propose to use the boundaries of the eight census tracts as public meeting
boundaries. We will hold public meetings in two districts per meeting night and complete the
public meetings in a total of four evenings. We will also hold two community -wide public
meetings for those who may have missed their neighborhood meeting.
B. STEERING COMMITTEE WORKSHOP
The opinions of special interest groups are heard through all of the public input forums.
Representatives of those groups are included on a citizen steering committee. The steering
committee workshop is a full-day event held on a Saturdayto maximize the number of people
who can attend. By bringing together all of the special interest groups, such as soccer
associations, baseball enthusiasts, environmental clubs, senior citizens' organizations and
greenways proponents, a group dialogue develops, which serves to educate all groups on the
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overall needs of the system and foster discussion about each separate group's needs. We also find
out perceived strengths and weaknesses within the department. By the end of the workshop, we
find that we have arrived at a balanced set of priorities reflecting the needs and interests of all
park user groups, from the individual who uses facilities on a casual recreational basis to the
large organized groups who make regular use of the facilities. These priorities, along with
priorities established by team members, are used to guide the Master Plan Recommendations.
Task IV: Master Plan Development
A. INVENTORY EXISTING FACILITIES AND PROGRAMS
LOSE Sr ASSOCIATES, utilizing a written inventory of existing recreation facilities and programs
supplied by the Parks and Recreation Division, will prepare a color base map (reproducible in
black and white) delineating school zones, city limits, commission districts and facilities. Facilities
will be identified as one of the following:
• City of Fayetteville Parks and Recreation facilities.
• Publicly owned park and recreation facilities.
• Public school recreation facilities.
• University of Arkansas recreation facilities.
• Commercial or private major recreation facilities.
• Church or athletic association facilities.
Program inventories will be identified in a table format. The table will identify the type of
program and the location where the program is offered.
The City will provide LOSE & ASSOCIATES with a map of updated school zones, recreation
districts, council or commission districts and the specific portions of the city road system required
to develop base mapping. All maps created throughout the planning process will be reduced to
11" x 17" in the final master plan report and will be reproducible in both color and black and
white.
B. GOALS AND OBJECTIVES
1. Analysis of prior goals and objectives: LOSE Sr ASSOCIATES will review existing goals and
objectives within the Parks and Recreation Division and determine the extent to which those
goals have been achieved.
2. Incorporation of new goals and objectives obtained through the input process: LOSE &
ASSOCIATES will incorporate the consensus results of public input and personal interviews
via a narrative report and graphic images as required. Goals and objectives for the upcoming
ten-year planning period will be developed and prioritized.
C. ANALYSIS OF EXISTING PLANNING AND DEMOGRAPHIC DATA
1. Analysis of existing planning documents: LOSE & ASSOCIATES will review relevant
documents and where appropriate, incorporate existing data into recommendations and
action plan for the Parks and Recreation Division.
Documents to be reviewed include:
• 2020 Plan.
• 1994 Park Master Plan.
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• Northwest Arkansas regional planning data.
• Current city park and open space guidelines.
• Greenways and trail plans.
• Proposed park master plan.
Additionally, LOSE & ASSOCIATES will incorporate the results of the needs assessment,
public input and personal interviews. LOSE & ASSOCIATES will utilize national park and
recreation standards published by the National Recreation and Park Association (NRPA) as
a basis for developing recommendations. However, the NRPA standards will, if necessary,
be modified in order to achieve the consensus goals, objectives and needs identified in the
planning process—it is understood that local trends and desires are critical to this planning
process. Additionally, LOSE & ASSOCIATES will analyze all existing facilities to determine
their carrying capacity and if they have reached, or are near to reaching, that capacity.
2. Cross-referencing of demographics, national standards, inventory of existing faclties,needs
analysis, and public input LOSE & ASSOCIATES will review all relevant demographic data,
current and projected through the year 2010. This information will then be compared to
NRPA standards to determine to what extent recreational facilities, acreage and programs
meet per capita national standards. The information will also be compared to needs
identified via public input and personal interviews to determine to what level existing
facilities and programs satisfy local expectations. The extent to which local expectations
deviate from nationally accepted standards will be identified and expressed in the written
planning document via narrative and, if appropriate, charts and graphs. The information will
also be expressed graphically on a city map distinguishing between service area coverage
provided by county, city, or federal recreation facilities.
D. PARK SYSTEM CONCEPT
Analyze the existing park system concept: LOSE & ASSOCIATES will review the park system
concept and will analyze the extent to which that concept has been achieved. At the same time,
LOSE & ASSOCIATES will determine to what extent the previous concept meets current
community desires identified in this planning process. Other planning efforts will also be studied
to determine what concurrent or planned development may impact parks and recreation. LOSE
& ASSOCIATES will then propose a park system concept that best satisfies current community
desires and needs and complies with NRPA accreditation guidelines.
E. REVIEW OF PARK SYSTEM MANAGEMENT TECHNIQUES
LOSE & ASSOCIATES will analyze current park system management techniques and procedures
relative to issues and concerns identified via personal interviews and public input. LOSE &
ASSOCIATES will then develop recommendations focusing on system modifications, if required,
to resolve identified concerns. This analysis will include assessment of:
• Compliance with ADA and consumer Product Safety Commission guidelines.
• Current fees and charges policies.
• Departmental policies.
• Athletic association and joint programming policies.
• Land dedication policies
• Special population service policies.
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1. Joint -use options with City of Fayettevillepublic schools, athletic associations, semi private
associations, advocacy groups and the University of Arkansas:LOSE & ASSOCIATES will
review all joint -use agreements currently in effect with allied providers. The goal of this
assessment is to determine how these agreements might be enhanced, and to identify
additional opportunities to provide the highest quality and most efficient delivery system
possible. As part of this analysis, LOSE & ASSOCIATES will review successful joint -use
agreements in comparably sized communities to formulate recommendations for
Fayetteville.
2. Revenue production and fee structures: LOSE & ASSOCIATES will analyze current fee
policies, program costs, and revenue generated. This process will include an assessment of
youth association agreements relative to maintenance and operating costs and revenue
generated. Additionally, LOSE & ASSOCIATES will use its knowledge of comparable
communities to determine the type of programs that should be expected to produce revenue
and those which typically are underwritten. LOSE & ASSOCIATES will then develop
strategies for the ongoing monitoring of program subsidies, revenues, and participation
necessary to achieve effective and efficient delivery of recreation services. Particular attention
will be paid to developing recommendations for continued and future coordination with
youth associations and allied recreation providers; these recommendations will also focus
on achieving the highest degree of efficiency and effectiveness possible. It is also understood
that LOSE & ASSOCIATES will identify potential opportunities for revenue generation in
addition to those already in place.
3. Planning, design and construction guidelines LOSE & ASSOCIATES will review existing
standards and guidelines. Issues of cost, maintenance, and aesthetics will be critiqued and
recommendations developed for modifications based on recent developments in technology,
materials, and construction methodology. If no guidelines exist, recommendations will be
developed to guide park development to a standard established during the master plan
process.
4. Security and vandalism guidelines Through the interview and site visit process, LOSE &
ASSOCIATES will review security concerns and issues of crime and vandalism in the parks.
An interview with the Fayetteville Police Department will be conducted to ascertain the
number of reported arrests in the parks and their perspective on park crime.
Recommendations will be developed to reduce crime and vandalism in the parks.
F. SYNTHESIS -POLICIES, STRATEGIES, AND CAPITAL IMPROVEMENTS
1. Policies and strategies: LOSE & ASSOCIATES will prepare an action plan for achieving
identified public goals and desires. LOSE & ASSOCIATES will also develop an action plan
for all recommendations developed via research, analysis and comparisons to similar
departments and communities with which the LOSE & ASSOCIATES team is familiar.
2. Facilities and programs needs Est: Prioritization strategies will be prepared for
implementation of recommended facilities and programs. The strategy will include
recommendations for improvements and renovations to existing facilities, as well as new
facilities required to meet the identified public need. Priorities will be illustrated via a chart,
which includes descriptions of the anticipated impacts on the cost of operations and
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maintenance. At a minimum, the chart will include the 'following data for each
recommendation:
• Capital expenditure opinion of probable costs.
• Opinion of probable cost of additional staff.
• Opinion of probable maintenance costs ranging from 1 (least maintenance) to 10 (highest
maintenance).
3. Ten-year developmentplan: LOSE & ASSOCIATES will prepare a ten-year plan, including
prioritization and opinion of probable construction costs for recommended capital
improvements. The ten-year plan will also include recommendations for the next phase of
development and land acquisition or easements: The written master plan report will describe
the entire planning process, and will summarize all research and gathered input, as well as
final recommendations, strategies and priorities. Graphics will be developed as needed to
illustrate specific facility recommendations and modifications on either a city-wide or park
scale. Graphics will be reproduced in color in the document; however, it is understood that
all images must be equally legible when reproduced in black and white.
Task V: Presentation of Final Master Plan
A. FINAL MASTER PLAN PRESENTATIONS
LOSE & ASSOCIATES will present the final plan at a city-wide meeting attended by the Parks and
Recreation Division and the Steering Committee, and at a meeting of the Fayetteville City Council.
Selected graphics developed during the planning process will be used in these presentations to
illustrate the results of the needs assessment survey, public input and the final recommendations.
The Master Plan will be developed using NRPA recreation facility standards, Americans with
Disability Act, and Consumer Product Safety Commission guidelines as reference documents in
making recommendations to improve the park system.
SECTION V - COORDINATION WITH OWNER
LOSE & ASSOCIATES shall hold conferences throughout the design of the project with
representatives of the OWNER to the end that the Master Plan, as written, shall have full benefit
of the OWNER'S knowledge and input.
SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK
Review of the work as it progresses under this Agreement shall be made at the OWNER'S office.
SECTION VII - PROJECT SUBMITTALS
A. DOCUMENT PRESENTATION AND PRELIMINARY PLAN PRESENTATION
1. LOSE & ASSOCIATES will deliver 15 preliminary and 40 final copies of the master planning
documents, including all elements described in the Request for Proposals and in this response
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to that request. One unbound original and a digital copy of the Final Master Plan will be
provided. The chronology for submittal will consist of the following:
• Submittal of preliminary narrative and graphic master plan report to City staff for review
• Review and comment by City staff
• Revision and incorporation by LOSE & ASSOCIATES of comments and suggestions
prepared by the City staff
• Final review by City staff
• Final revisions by consultant, if required
• Presentation of preliminary master plan to the Parks and Recreation Division
• Presentation of preliminary master plan to the Steering Committee
• Presentation of preliminary master plan to the City Council
• Final revisions by consultant, if required
• Submittal of one digital copy containing all master plan narrative and tables prepared
in Microsoft Word, one unbound original and 40 final bound copies.
SECTION VIII - SUBCONTRACTING
SECTION IX - TIME OF BEGINNING AND COMPLETION
LOSE & ASSOCIATES shall begin work under this Agreement within ten (10) days of notice to
proceed and shall complete the Master Plan for the construction contract within 10 months.
The above completion time is predicated upon the fact that the OWNER will process review
comments and requests for data on the parks system in an expeditious manner: 15 days per submittal
or request for data.
SECTION X - FFFS AND PAYMENTS
A. Design Phase Services:
For, and in consideration of, the services to be rendered by LOSE & ASSOCIATES, the
OWNER shall pay LOSE & ASSOCIATES a fixed fee not to exceed $100,000.00, including
reimbursable expenses for the development of a Comprehensive Parks and Recreation
Master Plan, as outlined in Section IV, Services to be Furnished by LOSE & ASSOCIATES
NOT TO EXCEED FFFS BY PROJECT TASK ARE AS FOLLOWS:
Task I: Kick-off meeting
Steering Committee formation,
and data collection.
$16.9900.00
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Task II:Preparation of Surveys
Task III: Public Input Process
Ten public meetings, Steering
Committee workshops, interviews
and site visits.
Task IV: Master Plan development
text preparation, presentation of
preliminary master plan.
Task V: Presentation of final master plan,
revisions to master plan text and
final presentation.
$ 6.040.00
$37,670.00
$21.075.00
$ 6 025 00
Reimbursable expenses $12200.00
Staffing participation breakdowns for this project are provided by task on Attachment A, and
hourly rates for additional services are provided on Attachment B. These rates will be used to
develop monthly billing. Monthly invoices will indicate the percentage of the project completed
based on the judgement of LOSE & ASSOCIATES
LOSE & ASSOCIATES shall invoice the OWNER monthly.
SECTION XI - CHANGES
The OWNER may at any time, by written order, make changes within the general scope of the
contract in the work and services to be performed. If any such change causes an increase or decrease
in the cost of, or the time required for, performance of this contract, an equitable increase or decrease
shall be made in the upper limit contract amount, including fee or time of required performance, or
both, and the contract shall be modified in writing accordingly.
Changes, modifications or amendments in scope, price or fees to this contract shall notbe
allowed without a formal contract amendment approved by the Mayor or the City Council in
advance of the change in scope, price or fees.
Any claim by LOSE & ASSOCIATES for adjustment under this clause must be asserted with thirty
(30) days from the date of receipt by LOSE & ASSOCIATES of the notification of change; provided,
however, that the OWNER if it decides that the facts justify such action, may receive and act upon
any such claim assessed at any time prior to the date of final payment under this contract. Failure
to agree to any adjustment shall be cause for a dispute concerning a question of fact within the
meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1)
Dispute Resolutions. However, nothing in this clause shall excuse LOSE & ASSOCIATES from
proceeding with the contract as changed.
Changes requested and authorized by the OWNER will be billed hourly at the rates listed in
Attachment B, Hourly Rate Schedule.
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SECTION XII - OWNERSHIP OF DOCUMENTS
All documents produced in the development of the Master Plan are and remain the property of the
OWNER. LOSE & ASSOCIATES may retain reproduced copies of all documents. The OWNER agrees
not to distribute the Master Plan to other communities without compensating LOSE & ASSOCIATES
for the work.
SECTION XIII - POSTPONEMENT OR CANCELLATION OF THE CONTRACT
It is understood that the OWNER will have the right to suspend or cancel the work at any time.
A. Postponement - Should the OWNER, for any reason whatsoever, decide to postpone the work
at any time, the OWNER will notify LOSE & ASSOCIATES, who will immediately suspend work.
Should the OWNER decide during such suspension not to resume the work, or should such
suspension not be terminated within a year, the work shall be cancelled as hereinafter provided.
B. Cancellation - Should the OWNER, for any reason whatsoever, decide to cancel or to terminate
the use of "LOSE & ASSOCIATES' service, the OWNER will give written notice thereof to LOSE
& ASSOCIATES, who will immediately terminate the work. If the OWNER so elects, LOSE &
ASSOCIATES may be instructed to bring a reasonable stage of completion to those items whose
value would otherwise be lost. LOSE & ASSOCIATES shall turn over all data, charts, survey
notes, figures, drawings and other records or information collected or produced hereunder
whether partial or complete. Upon such termination of "LOSE & ASSOCIATES"' services, LOSE
& ASSOCIATES shall be paid on a proportional amount of the total fee, less prior partial
payments, based on the ratio of work done to the total amount of work to be performed.
SECTION XIV - MISCELLANEOUS PROVISIONS
Dispute resolution - Any dispute concerning a question of fact in connection with the
work and having a financial value of $10,000, or less, shall be referred for
determination to the Mayor of the City of Fayetteville whose decisions in the matter
shall be final and conclusive. Disputes resulting from claims greater than $10,000
shall be subject to mediation.
2. Responsibility for Claims and Liability - LOSE & ASSOCIATES shall save harmless
the OWNER from all claim and liability due to its (LOSE & ASSOCIATES) activities,
or those subcontractors, its agents, or its employees during the time this contract is
in force
3. General Compliance with Laws - LOSE & ASSOCIATES shall comply with all federal,
state and local laws and ordinances applicable to the work. LOSE & ASSOCIATES
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shall have be a professional landscape architect, licensed in the State of Arkansas.
SECTION XV - SUCCESSORS AND ASSIGNS
The OWNER and LOSE & ASSOCIATES each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Agreement, except as above, neither the
OWNER nor LOSE & ASSOCIATES shall assign, sublet or transfer its interest in this agreement
without written consent of the other. Nothing herein shall be construed as creating any possible
personal liability on the part of any officer or agent of any public body which may be party
hereto.
SECTION XVI - COVENANT AGAINST CONTINGENT FFFS
LOSE & ASSOCIATES warrants that it has not employed or retained by company or person,
other than a bonafide employee working solely for LOSE & ASSOCIATES, to solicit or secure this
contract, and that it has not paid or agreed to pay any company or person, other than a bonafide
employee working solely for LOSE & ASSOCIATES, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration, contingent upon or resulting from the award or making of
this contract.
For breach or violation of this warranty, the OWNER shall have the right to annul this contract
without liability.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as
of the date and year fust herein written.
CITY OF FAYETTEVILLE
By:
Mayor
ATTEST:
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Clerk
LOSE & ASSOCIATES
By:
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Authorized Repesentative
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13
Fayetteville Park Master Plan 6-6-2000
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Jun 08 00 11:12a LOSE ASSOCIATES INC
615-242-1405 p.2
• •
CITY OF FAYETTEVILLE
AGREEMENT FOR RECREATION PLANNING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Agreement entered into and executed this __ day of 2000, by and
between the City of Fayetteville acting by and through its Mayor hereinafter called the OWNER and
LOSE & ASSOCIATES, Inc. with offices located in Nashville, Tennessee.
WITNESSETH:
Whereas, the OWNER is planning to develop a COMPREHENSIVE PARKS AND RECREATION
MASTER PLAN and
Whereas, LOSE & ASSOCIATES staff is adequate and well qualified and it has been determined
that its current work load will permit completion of the plans for the project on schedule;
Now therefore, it is considered to be in the best public interest for the OWNER to obtain assistance
of LOSE & ASSOCIATES in connection with said services. In consideration of the faithful
performance of each party of the mutual covenants and agreements set forth hereinafter, it is
mutually agreed as follows:
SECTION I - EMPLOYMENT OF LOSE & ASSOCIATES
The OWNER agrees to employ LOSE & ASSOCIATES to perform, and LOSE & ASSOCIATES
agrees to perform, professional PLANNING services in connection with the project ser forth in the
Sections to follow; and the OWNER agrees to pay and LOSE & ASSOCIATES agrees to accept, as
specified in the Sections to follow as full and final compensation for work accomplished in the
specified time.
SECTION II -DESCRIPTION OF THE PROJECT
The City of Fayetteville Parks and Recreation Division has -equested qualifications to develop a
comprehensive master plan to guide the department's growth over the next ten years. The master
plan is to include:
• Data collection and analysis of national standards, a review of the Fayetteville 2020 plan,
Northwest Arkansas Regional Planning information, the 1994 Park Master Plan and current city
policies and goals relating to open space and parks.
• Direction of a public input process to determine needs for park facilities and programs, gain an
understanding of how the public perceives the current facilities and programs, and to formulate
goals and objectives for the future of the department.
1
Jun 08 00 11:13a
LOSE ASSOCIATES INC
•
615-242-1405
• Preparation of a survey to be distributed through the school system.
recreational needs, programs, quality of services and availability
ASSOCIATES will tabulate the results based on a random sample of r
• Assessment and inventory of all parkland and facilities.
The survey will cover
of facilities. LOSE 6r
esponses.
• Review and evaluation of existing parkland ordinances to make recommendations relating to
land acquisition, open space, park development, recreation facilities and greenways.
• Opinions of probable cost for recommended facilities and acquisitions, as well as a prioritized
list for implementation of facilities and acquisitions.
• An action plan for the Parks and Recreation Division with a detailed summary of expenditures
and recommendations for implementing strategies and priorities, developed through public
input and staff interviews and assessments.
• Analysis and development of a classifications system for parks and park development
guidelines.
Recommendations for facility- development, maintenance, risk management, staffing, and
program standards to achieve the goals of the proposed parks classification system.
An assessment of the relationship of Fayetteville Parks and Recreation resources to NRPA
•
accreditation program
• An assessment of programs and joint venture opportunities with existing local support
recreation providers. Groups to be included in the assessment process include: Fayetteville
Youth Center, City of Fayetteville Trails Committee, Fayetteville Youth Baseball, Fayetteville
Baseball Association, Fayetteville Public School System, Botanical Garden Sodety of the Ozarks,
and various sports associations.
• Review of current fees and charges policies.
▪ Review of current programs for special populations and recommendations to increase services,
incorporating public input and interviews.
• Identification of natural resources that should be made a part of the park system.
• Review of current security concerns and recommendations to reduce vandalism or other
nefarious activities in the parks.
During the master planning process, the OWNER requires LOSE & ASSOCIATES to work closely
with recreation staff members to gain an in-depth understanding of the department and the
community. LOSE (It ASSOCIA Fbb will contact other city departments, including the planning and
community development divisions, the office of the mayor, and police department officials to gain
their insight on parks and recreation. The information gained through the planning process will be
illustrated and documented in a bound master plan report. Graphic material and maps as necessary
2
p.3