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HomeMy WebLinkAbout153-03 RESOLUTION• • RESOLUTION NO.153-03 A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) TO DOVER, KOHL AND PARTNERS TO PREPARE A DOWNTOWN MASTER PLAN. 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 awards a contract in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) to Dover, Kohl and Partners to prepare a Downtown Master Plan. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof PASSED and APPROVED this 7th day of October, 2003. APPRO By r° • . ���� rika Y SONDRA SMITH, City Clerk DAN COODY, Mayor • • SERVICES AGREEMENT OR PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 1 tti day of OdOI?eY , 2003 by and between the City of Fayetteville, a municipal corporation of the State of Arkansas ("City") and The Image Network, Inc d/b/a Dover, Kohl, & Partners, a Delaware Corporation whose offices are located at 1571 Sunset Drive, Coral Gables, Florida hereafter called "Dover Kohl". In consideration of the mutual covenants and promises herein contained, Dover Kohl and the City agree as follows: TERMS: 1. TERM: The term of this Agreement shall be eight months, commencing on the effective date hereof. Dover Kohl agrees that it will be able to complete performance of the Contract Services within the Initial Term, subject, however, to delays beyond Dover Kohl's reasonable control. Time is of the essence in this contract because the City needs complete performance by Dover Kohl within tight months of the date of this contract, in order to institute vitally needed updates to its downtown development and zoning ordinances before development under existing ordinances creates incompatibility or other problems. In order to assure prompt performance and delivery of services, the City and Dover Kohl agree that if all the services required by this • • Contract are not completely and adequately performed by Dover Kohl and all documents and products delivered to the City by eight months from the date of this contract, the City will suffer damages which the panics agree will become liquidated damages at the rate of $500.00 per normal business day. The amount of liquidated damages, if any, may be deducted from the City's final payment due Dover Kohl at the City's option. 2. SCOPE OF SERVICE: A. Dover Kohl agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Dover Kohl represents and warrants to the City that: (i) it possesses all qualifica- tions, licenses and expertise required for the performance of the Services; (ii) it is not delin- quent in the payment of any sums due the City, including payment of permits fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services arc and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 3. COMPENSATION: A. The amount of compensation payable by the City to Dover Kohl shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorpo- rated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Two Hundred Thousand Dollars ($200,000.00), including all labor compensation and Dover -Kohl City of Fayetteville Contract 2 • • direct and normal expenses incurred in completing its professional research and advisory services to the City's Planning Division. B. Dover Kohl shall send invoices to the City no more frequently than once per month, reflecting compensation due for services rendered by Dover Kohl and reimbursement due for expenses incurred by Dover Kohl. All invoices are payable upon receipt by the City. If payment for an invoice is not received within sixty (60) days of the invoice date, Dover Kohl reserves the right to suspend performance of Contract Services until Dover Kohl receives all payments due. All submitted invoices from Dover Kohl shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. 4. OWNERSHIP OF DOCUMENTS: To assist Dover Kohl in performing the Contract Services, the City shall furnish to Dover Kohl, without charge, copies of all available background reports, memoranda, correspondence, ordinances, legislation, rules and regulations, technical data and other information reasonably requested by Dover Kohl that is relevant to the Contract Services to be provided by Dover Kohl, including, but not limited to, documentation on community demographics, infrastructure, housing, environmental conditions, traffic patterns, finances, public resources, utilities, land ownership and availability, topography and physical conditions, land and improvement values and land -use and development plans. In addition, the City shall be responsible for taking, in cooperation with Dover Kohl, such actions as may be necessary to obtain required reviews and approvals from appropriate public agencies. Dover Kohl understands and agrees that any information, document, report or any other material Dover -Kohl City of Fayetteville Contract 3 • • whatsoever which is given by the City to Dover Kohl is and shall at all times remain the property of the City. Dover Kohl agrees not to use any such information, document, report or material for any other purpose, other than general corporate promotion/qualification purposes, without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the completion, suspension, termination, or expiration of this Agreement, the following provisions in this section shall apply with respect to ownership of documents produced by Dover Kohl: A. Final Work Products. Final work products shall be delivered to and become property of the City in the format specified in Attachment A. City shall have a right to retain, use, and reproduce final work products. 5. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Dover Kohl under this Agreement, audit, or cause to be audited, those books and records of Dover Kohl which are related to Dover Kohl's performance under this Agreement. Dover Kohl agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Dover Kohl's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Dover Kohl under this Agreement conform to the terms hereof, if applicable. Dover Kohl shall make available to the City all reasonable Dover -Kohl City of Fayetteville Contract 4 • • facilities and assistance to facilitate the performance of tests or inspections by City representatives. .1 6. AWARD OF AGREEMENT: Dover Kohl represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee commission, percentage. brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 7. ARKANSAS FREEDOM OF INFORMATION ACT 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, Dover Kohl will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8. COMPI,IANCE WITH FEDERAL, STATE AND LOCAL LAWS: Dover Kohl understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. Dover Kohl agrees to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Dover -Kuhl City of Fayetteville Contract 5 • • 9. INDEMNIFICATION: Dover Kohl shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Dover Kohl or its employees, agents or subcontractors (collectively referred to as "Dover Kohl"), or the failure of Dover Kohl to comply with any of the paragraphs herein or the failure of Dover Kohl to conform to statutes, ordinances, or other regulations or requirements of any govemmental authority, federal or state, in connection with the performance of this Agreement. Dover Kohl expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Dover Kohl, or any of its subcontractors as provided above, for which Dover Kohl's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 10. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Dover Kohl at least ten (10) business days prior to the effective date of such termination. In such event, the City shall pay to Dover Kohl compensation Dover -Kohl City of Fayetteville Contract 6 • • for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Dover Kohl for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice or liability to Dover Kohl, upon the occurrence of an event of default thereunder. In such event, the City shall not be obligated to pay any amounts to Dover Kohl while Dover Kohl was in default under this Agreement. 11. INSURANCE: Dover Kohl shall, at all times during thc term hereof, maintain such insurance coverage as may be reasonably required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services thereunder, provided, however, that Dover Kohl shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant thc provision by Dover Kohl of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Dover Kohl of an amount of coverage different from the amounts or kind previously required, then Dover Kohl shall obtain such specific coverage requested as an additional cost to the City for such, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Dover -Kohl City of Fayetteville Contract 7 • • 12. NONDISCRIMINATION: Dover Kohl represents and warrants to the City that Dover Kohl docs not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Dover Kohl's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Dover Kohl further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, he denied services, or be subject to discrimination under any provision of this Agreement. 13. ASSIGNMENT: This Agreement shall not be assigned by Dover Kohl, in whole or in part, without the pnor written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 14. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such othcr address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO DOVER KOHL: Mr. Joseph A. Kohl Dover, Kohl, & Partners 1571 Sunset Drive Coral Gables, Florida 33143 Dover -Kohl City of Fayetteville Contact 8 TO THE CITY: Mayor Dan Coody City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, Arkansas 72701 • • 15. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced within the legal jurisdiction of Washington County, Arkansas according to the laws of the State of Arkansas. B. Title and paragraph headings arc for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Arkansas or the City of Fayetteville, Arkansas, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 16. SUCCESSORS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, and successors. This agreement may not be assigned. Dover -Kohl City of Fayetteville Contract 9 17. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the othcr as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 18. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. (over -Rohl City of Fayetteville Contract 10 • • IN WITNESS WHEREOF, the parties hereto have caused this instrument to be exe- cuted by their respective officials thereunto duly authorized, this the day and year above written. , YET, f Ovtda.a) r:Q.v►,x;C By: Sondra Smith Dan Coody City Clerk Mayor "City" CITY OF FAYETTEVILLE, a municipal corporation ATTEST: "Dover Kohl" Image Network, Inc. d/b/a Dover, Kohl, &Partners, a Delaware corporation '014•trv`4W By: Margar 't S. Marshall Senior Project Director Dover -Kohl City of Fayetteville Contract 11 oSeph A. Kohl • • • •t).Fs -• - • t,;CCI' F :-x--... i Vice President/ Secretary t e' • • ATTACHMENT "A" Scope of Services Attachment A supplements the Agreement dated 6Gto6t - 7 2003, by and between the City of Fayetteville, (the City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl ), and is by such Agreement incorporated therein by reference. I. Scope of Services. Task One — Pre-Charrette Analysis The precharrette analysis will include the review of all relevant information as well as on-site analysis, initial meetings with the City staff, City committees, and any Consultants to the City. 1.01 Review of Relevant Information Dover Kohl will assemble and review relevant information, provided by the City, in order to familiarize themselves with the diverse characteristics of Downtown. A study of existing land development regulations, City ordinances, previous studies and plans, current and historical maps, and demographic information will prepare the team for the project ahead. 1.02 Site Visit (Trip #I) On an agreeable date, Dover Kohl Project Director, Town Planner, Market Analyst, and Transportation Planner will travel to Fayetteville for a 2 -day site visit. The site visit will include the following: 1.02.01 Interviews and Meetings Initial interviews, presentations, and meetings with City of Fayetteville staff, elected officials, The University of Arkansas Community Design Center, the Downtown Dickson Street Enhancement Project, the Downtown Cultural Arts District Task Force, Downtown Parking District #l, Dickson Street Improvement District and local stakeholders will be scheduled to discuss overall project goals and objectives. Meetings will also be scheduled with those groups and individuals that have been working on a downtown parking deck. 1.02.02 Urban Design and Land Use Analysis The team will analyze Downtown Fayetteville by studying the urban framework. We will examine the existing urban form, analyzing the network of streets, blocks and lots, building types, and building form. The analysis will include an examination of the existing land use, density, and urban design elements in the study area The analysis will be performed with the livability needs of the community and surrounding neighborhoods in mind. The consultant team will experience the study area and its environs on foot and by car. 1.02.03 Kick -Off Press Conference In addition to interviews and site analysis, the team is available to participate in a press conference with City officials to inform the community of the public planning process for Downtown. 1.03 Market Analysis The Market Analysis will identify a range of redevelopment and marketing strategies for Downtown. The comprehensive commercial market analysis will consist of local market research • Do 0wn Fayetteville Master Plan Dover, Kohl & Partners Attachments A, B and C Page 2 of 9 as well as an analysis of emerging national retail and redevelopment trends. Research will focus on the present and future Downtown market area as well as the identification of economic and market issues affecting the neighborhoods adjacent to Downtown. The research will result in a comprehensive assessment of conditions and trends prevalent in Downtown Fayetteville. 1.04 Parking Management Strategy and Transportation Analysis The Parking Management Strategy and Transportation Analysis will examine mobility from the perspective of all modes of travel: walking, biking, using transit, and driving. On -street, off- street, and structured parking supply and demand will be examined as well as parking regulations and policies. Speeds and volumes on existing thoroughfares will be studied to better understand the community character related to transportation. Research and information will be gathered from team experience in peer communities in order to present already proven solutions. 1.05 City of Fayetteville Communications Dover Kohl will project information for the City's TV -station and website. Information will include project updates and progress reports, photographs, maps, renderings, and images. Task Two — The Charrette The Charrette phase involves preparing and hosting a public involvement design session for Downtown Fayetteville. The Charrette will be open to everyone, with particular invitations to representatives of various agencies, businesses, institutions, and community groups. The City will be responsible for the promotional effort. 2.01 Design the Charrette Format Dover Kohl will work with the City to structure the format of the charrette Emphasis will be placed on Downtown development and revitalization, as well as continuing Downtown's tradition of being the vibrant city center of Fayetteville. The format will incorporate the findings of the site analysis, City input, previous community meetings, community events, and interviews. 2.02 Generate Necessary Base Maps The team will work closely with City staff to acquire the necessary information to produce the base maps for the charrette. The appropriate data will include color aerial photographs at a suitable scale as well as ArcView GIS (or similar) base data for Downtown. 2.03 Create Public Awareness The team will assist City staff with public outreach for the charrette by writing press releases to be distributed to the media, neighborhood associations, business associations, and community organizations among others. At the City's request, we will be available to discuss the project with reporters or any other interested individuals. 2.04 The Charrette (Trip #2) On an agreeable date selected by the City, Dover Kohl will travel to Fayetteville for seven day charrette. Dover Kohl will provide a staff of seven Planners, which will include a Principal and Project Director to facilitate the public workshop. The charrette will feature the following events: Community Kick-off Presentation. An evening Community Kick-off Presentation will introduce the Consultant team and mark the official start of the charrette. The event will feature a "food for • Downtown Fayetteville Master Plan Dover, Kohl & Partners Attachments A, B and C Page 3 of 9 thought" presentation to educate participants on best practices in traditional urban design and transportation, other successful downtowns, and future market opportunities. Hands-on Design Session. The Hands-on Design Session will take place the day after the Kick- off Presentation. The event will begin with a short introduction and review of the City's 7 Major Strategies for Downtown. A briefing will then explain the challenge for participants, orient participants to base maps, and set ground rules and goals for the session. Participants will then gather around tables to draw their important ideas. Each table will have a facilitator from the Consultant team to assist participants in the design exercises. During the first part of the table sessions, the community will identify the important issues associated with the future of Downtown and discuss them in small groups. Participants will then continue to work and draw on base maps to illustrate how they might like to see Downtown evolve in the future by describing the uses, open spaces, building design, landscaping, transportation, parking, and services for the area. At the end of the workshop, a spokesperson from each table will report the findings and major points to the entire assembly. The goal of the hands-on design session is to forge a community consensus and develop a long-range vision for the future of Downtown. On-site Design Studio. Following the hands-on design session the team will set-up an on-site design studio, preferably in a Downtown storefront location, for a week in order to refine the plan and continue to gather community input. At this time, the team members will analyze the information gathered at the hands-on session and pre-charrette analysis in order to formulate the initial concepts for the Master Plan. In addition, the team will provide financial feasibility analysis while designs are being produced. The immediate analysis will then be cycled back to the design team to ensure that the design options are based on real-world market conditions. Members of the City staff, elected officials, local stakeholders, and the community will be encouraged to stop in throughout the week as new issues come to mind and to check on the project's status. Technical Meetings. While working on-site, the team will schedule various technical meetings with City staff, downtown merchants, key property owners, real estate brokers, staff representatives from the Downtown Dickson Street Enhancement Project and the Fayetteville Chamber of Commerce, University of Arkansas officials, neighborhood associations, historic preservation organizations, local arts groups, and other key Downtown stakeholders. These meetings will assist in the team's continued understanding of the physical, market, and organizational forces that are shaping Downtown. "Work in Progress" Presentation. At the end of the charrette week, the team will present the work generated to date at a "Work in Progress" Public Presentation. Sketches and visualizations will be presented illustrating the hypothetical build -out for Downtown. These initial plans will serve as examples of how the area can change and grow. Accompanying renderings will include "before and after" illustrations that show possible scenarios for Downtown development. Also, a summary of development strategies will be presented, highlighting the various opportunities for quality development and detailing roles and actions needed to facilitate implementation. 2.05 Parking Management and Transportation Strategy The parking management and transportation strategy will synthesize the results from the pre- charrette analysis, as well as community input from the charrette, to provide a strategy to balance vehicular and pedestrian traffic within Downtown. The strategy will focus on current and future • Do own Fayetteville Master Plan Dover, Kohl & Partners Attachments A, B and C Page4of9 parking demands, reflecting the impact of current and continued downtown development and includes a supply and demand analysis, location analysis, cost analysis, ordinance analysis, and management policy of on -street, surface, and structured parking It will also provide the necessary features to create safe, comfortable, and well-connected streets. In doing so, the strategy will include a streetscape improvement palette for street furniture, signage, pavement materials, trash collection sites, landscape materials, and other similar features. Realizing the immediate need and priority for a parking management strategy, the study will be completed within the first four months prior to overall project completion. This component will also include a recommended strategy for funding a parking deck. The parking management strategy will be incorporated into the final downtown master plan. Task Three — Master Plan and Implementation The draft concepts begun during the charrette will be refined to best illustrate the community's long-term vision for Downtown. Graphics and text will demonstrate what is possible by regulating the mix of uses, building types, densities, and street details. Illustrative plans of prototype scenarios will demonstrate the possibilities for future development. Regulations, implementation strategies, and plan documentation will be produced. 3.01 Refine the Plan The draft concepts begun during the charrette will be refined to best illustrate both short and long term development prospects. Illustrations of the project area will demonstrate the possibilities for future development, highlighting specific sites for development or redevelopment. The plan will designate development intensity and the appropriate mix of uses on the existing network of streets and blocks. Building types, including civic buildings and public squares and parks, will be included. The final product will be an illustrated physical master plan that will guide the redevelopment and physical improvements of Downtown based on a block by block analysis including defining and identifying a Cultural and Entertainment District. 3.02 Draft Design Standards and Zoning Text and Map Amendments Dover Kohl will prepare zoning text amendments, zoning map amendments, and design standards and guidelines for Downtown. Specifically, a Cultural and Entertainment District with will be identified though an overlay or specific district unique to that area. The Design Standards will serve as the primary implementation tool for foreseeing the appropriate development of Downtown over time. They will be user friendly, visual and based on current and future land use, serving to encourage future redevelopment in an organized manner. The standards will address building form and placement, architectural standards, street standards, street types and sections, land use, the design review process, and other elements necessary to implement the principles of traditional urban design. The residential and non-residential design standards will promote quality development and reflect the architectural character of Fayetteville. 3.03 Implementation Strategy Strategies for implementation will be suggested including potential funding sources and relevant public-private partnership structures necessary to achieve community goals. The appropriate roles for key participants will be identified and a phasing plan for physical improvements will be formulated. Plans will be developed that include both policy changes and market driven incentives. Methods to stimulate business recruitment and retention, to enhance the Downtown market, and to encourage advertising and marketing programs will be included. In addition, the • Do OPwn Fayetteville Master Plan Dover, Kohl & Partners Attachments A. B and C Page 5 of 9 team will be responsible for making a recommendation as to the formation of a Downtown Improvement District or similar organization. Such a group would be principally responsible for management and implementation of the plan. Strategics for ensuring future economic prosperity will be suggested and financing structures, along with a list of applicable funding sources, will be included. The recommended strategies will be in congruence with the ideals and visions of the community. 3.04 Create a Master Plan Report The Master Plan Report will consist of a concise plan document summarizing the community process, traditional urban design features, parking management and transportation strategy, planning analysis, hypothetical build -out plan, and the phased implementation strategy. The report will be created for the use of the public, developers, property owners, and City staff to insure a coordinated effort in the continued development of Downtown Fayetteville. Task Four — Review and Presentation 4.01 Review the Draft Master Plan and Design Standards Dover Kohl will submit the first draft of the Master Plan and Design Standards to the City and downtown stakeholder group. Each will have 30 -days to review and submit comments to Dover Kohl. 4.02 Final Presentation (Trip #3) Once reviewed and revised, Dover Kohl will return to Fayetteville to present the documents of the planning study to the City staff, City Council, and the community. 11. Responsibilities of City. Dover Kohl's completion of tasks herein within a timely basis is contingent on City's cooperation in providing available information and its participation with respect to certain project activities. City shall be responsible to Dover Kohl for the timely performance of the following tasks: A. Provide, on a timely basis, the Base Information requested in "Exhibit C . B. Provide supplementary information that may be requested from time to time during the course of the Project. C. Provide, supplies equipment and facilities necessary to create an effective public workshop as requested below: 1. For the public workshop, an appropriately sized room to accommodate the public with the required audio/visual equipment. The auditorium must be a large, high- ceilinged room that will accommodate along the walls horizontal displays of several long maps. Dover Kohl must have access to lighting controls and be able w darken the room. The room should be equipped with a projection screen no smaller than nine feet by twelve feet (9x12 ft.) and a working public address or sound system with microphone hook-ups. City shall also provide one (1) wireless "lavaliere" clip -on microphone and one (I) wireless hand-held microphone. The auditorium and equipment should be made available to Dover Kohl, as needed. 2. For Recording of all public meetings and workshops. • Do own Fayetteville Master Plan Dover, Kohl & Partners Attachments A B and C Page 6 of 9 D. Provide additional table facilitators as needed for the workshop. Dover Kohl will provide seven (7) facilitators. There should be one (1) facilitator per every ten (10) attendees to the workshop. Dover Kohl can accommodate seventy (70) attendees. E. Provide a reasonable estimate for the attendance of the workshop. Create an RSVP list, if possible. F. Provide a project coordinator as a single point of contact for the City. G. City Staff will attend and participate in project meetings upon the request of Dover Kohl. H. Provide public outreach throughout the project and soliciting the attendance of third parties whose participation the City considers important. I. Make every effort to insure the attendance of a majority of elected City officials, stakeholders, and investors at the charrette presentations. J. Provide appropriate meeting room(s) for the Charrette meetings, workshops, presentations, and studio workspace, including securing the space. K. Provide necessary refreshments for public involvement events. L. Promptly tender payment of all valid invoices. III. List of Final Work Products. Dover Kohl shall produce specific graphic and written deliverables in conjunction with the professional services described in this Attachment. A. Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: 1.) Illustrative Master Plan (1), conceptual plan of the Downtown rendered in color and showing rights-of-way, green space, areas where infill development should occur, and various other features of development; at a scale to be determined. 2.) Perspective Drawings (3), rendered in color and showing examples of typical streets, squares, parks, specific locations of importance (such as points of entry), or other significant design concepts, as Dover Kohl may deem appropriate. 3.) Diagrams, as needed, rendered in black and white, illustrating ideas or concepts such as street types (drawn in plan & section), building types, and architectural elements. 4.) Design Transect, based on current and future function and land use specific to identified corridors and neighborhoods. B. Written Documents. Written Documents will include the following or a reasonable equivalent: 1.) Master Plan Report, a concise plan document summarizing the community process, traditional urban design features, parking management and transportation strategy, planning analysis, hypothetical build -out plan, advertising and marketing theme and strategy, recruitment strategy, and the implementation strategy. 2.) Design Standards, zoning, and parking ordinance amendments, a standards (code) document tailored to the project. The Standards will include Urban Standards, Parking Standards, Architectural Standards, Street Standards, and Landscape Standards. C. Format of Deliverables. Dover Kohl shall provide final work products to City in the • following format: Do IPwn Fayetteville Master Plan Dover, Kohl & Partners Attachments A, B and C Page 7 of 9 Graphic documents. One (1) full size plot or print of each drawing, at a scale and size to be determined. Graphic documents will also be included in the Master Plan Report and Design Standards. Digital scans of the drawings will be provided on a CD-ROM (I copy). Upon request and at additional cost, Dover Kohl will also provide additional sets of high quality reproductions of the graphic documents in an appropriate printed format. Written documents. One reproducible and unbound copy of all written documents shall be printed on paper in an appropriate format. One bound copy of the Master Plan Report and Design Standards shall he provided to the City. The documents shall also be digitally stored in an appropriate computer format, and will be provided to City on a CD-ROM (1 copy). The report can also be converted into a read-only format (*.pdf), using the freeware program Adobe Acrobat Reader for reproduction by the City. The Adobe Acrobat format is usually "downloadable" from the Internet if posted to a web site. Additional Copies. City may request additional copies of the above deliverables upon payment to Dover Kohl of the actual reproduction cost, plus a fee for additional services in accordance with Attachment 13 of this Agreement. • DoI�[own Fayetteville Master Plan Dover, Kohl & Partners Attachments A, 13 and C Page 8 of 9 ATTACHMENT "B" Professional Fees and Reimbursable Expenses Attachment B supplements the Agreement dated f!G{ . 71'1 2003, by and between the City of Fayetteville, (the City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl), and is by such Agreement incorporated therein by reference. I. Professional Fees. The Client shall compensate Dover Kohl for professional services rendered in the performance of this Agreement or in the service of the Client. 1.1 Flat Fee. The City shall make payment to Dover Kohl of professional fees in the amount of $179,000 for the completion of the work in the Agreement. The flat fee does not include reimbursable expenses advanced either in the performance of the Agreement or in the service of City. Such expenses will be billed in accordance with Section [land III of this Exhibit. The payment of this sum to Dover Kohl shall be apportioned as follows: Fifty (50%) percent shall be paid upon the conclusion of the Charrette; and the remaining balance shall be apportioned into monthly payments corresponding to the percentage of work completed. 11. Maximum Reimbursable expenses. In addition to the payment of professional fees, the City shall reimburse Dover Kohl for reasonable expenses arising in the performance of this Agreement or in the service of the City. A budget not to exceed $21,000 will be set aside as an approximation of reimbursable expenses for this project. Dover Kohl shall invoice such expenses either monthly or from time to time as they may be incurred The Client shall be advised in advance of any extraordinary reimbursable expenses. Appropriate documentation or receipts shall corroborate all reimbursable expenses. Project expenses deemed within the reasonable discretion of Dover Kohl include the purchase of the following goods and services: (a) Reproduction graphics and reproduction expenses, such as printing, photocopying, photographing, photo -processing, filing, and computer storage supplies and materials; (b) Mailing, packaging, and shipping by couriers, overnight, express, priority, or other type of delivery service or the U.S. Postal Service; (c) Long-distance telephone, fax, and modem charges; (d) Travel expenses, such as transportation, food, and lodging. (e) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and presentation rooms; (0 Supplemental insurance coverage or insurance policy endorsements required by the Agreement, if Dover Kohl's existing insurance coverage is unacceptable to the City; and (g) Any other miscellaneous or out-of-pocket expenses reasonably contemplated by the scope of services for this Project. III. Payments. Dover Kohl shall submit monthly invoices to the City for professional services rendered and reimbursable expenses incurred to date. Such invoices shall be paid in full promptly upon receipt.