HomeMy WebLinkAbout236-05 RESOLUTION• •
RESOLUTION NO. 236-05
A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT
NOT TO EXCEED $225,000.00 TO DOVER, KOHL AND PARTNERS
TO FACILITATE A PUBLIC PARTICIPATION PROCESS FOR THE
CITY PLAN 2025; APPROVING A CONTINGENCY IN THE
AMOUNT OF $25,000.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $250,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby awards a contract in an amount not to exceed $225,000.00 to Dover, Kohl
and Partners to facilitate a public participation process for the City Plan 2025. A
copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville,
hereby approves a contingency in the amount of $25,000.00.
Section 3. That the City Council of the City of Fayetteville,
hereby approves a Budget Adjustment in the amount of $250,000.00.
PASSED and APPROVED this 6th day of December, 2005.
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By:,
SONDRA SMITH, City Clerk
ATTEST.
Arkansas,
Arkansas,
DAN COODY, Mayor
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SERVICES AGREEMENT
OR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this AA day ofmbcr , 2005 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 tem) of this Ageement 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.
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.
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B. Dover Kohl represents and warrants to the City that: (i) it possesses all qualifications,
licenses and expertise required for the performance of the Services; (ii) it is not delinquent 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 assigncxl to perform the Services are
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 incorporated into
this Agreement; provided, however, that in no event shall the amount of compensation exceed Two
Hundred Twenty Five Thousand Dollars (5225,000.00), including all labor compensation and 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 per-
fomnance 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 inquire
one to be performed.
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4. OWNERSHIP OF DOCUMENTS: To assist Dover Kohl in performing the
Contract Services, the City shall fumish 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 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 n the format specified in Attachment A. City shall have a right to retain, use, and
reproduce final work products.
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5. AUDIT AND INSPECTION RIGHTS:
A. The City may, at masonablc 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 heruof, 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 facilities and assistance to
facilitate the performance of tests or inspections by City representatives.
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 lnformation
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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. COMPLIANCE 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.
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, fins, 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
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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 accrrted 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 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 the 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 fiunished 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
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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 the 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.
12. NONDISCRIMINATION: Dover Kohl represents and warrants to the City that Dover
Kohl does 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, be 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 prior written consent of the City's, which may be withheld or conditioned, in the City's
sole discretion.
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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 other 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
15. MISCELLANEOUS PROVISIONS:
A.
TO THE CITY:
Mayor Dan Coody
City of Fayetteville, Arkansas
113 W. Mountain
Fayetteville, Arkansas 72701
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 are 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, para -
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graph, 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 tcrrns 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.
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 other 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.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
Sondra Smith
City Clerk
ATTEST:
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Dover -Kohl / City of Fayetteville City Plan 2025 Contract
"City"
CITY OF FAYETTEVILLE, a municipal
corporation
Bv:
an Coody
Mayor
"Dover Kohl"
Image Network, Inc. d/b/a Dover, Kohl, & Partners,
a Delaware corporation
By:
10
A. Kohl
e President / Seer•tary
ATTACHMENT "A"
City Plan 2025 Scope of Services
Attachment A supplements the Agreement dated , 2005, by and between the City
of Fayetteville, (thc City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover
Kohl ), and is by such Agreement incorporated therein by reference.
1. Scope of Services.
Task One — Pre-Charrette Analysis: City Plan 2025
The pre-charrette 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 Project Kick-off Meeting (Trip #1)
At the start of the project, the Project Director from Dover -Kohl will schedule a meeting with
City staff to review base information needs, strategize on the public participation process, identify
stakeholders, and develop a detailed schedule for the Comprehensive Plan Update. The purpose
of the meeting is to determine "who's doing what" and to further the professional relationship of
the consultant team being an extension of City staff.
1.02 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. The City will be responsible for all publicity.
1.03 City of Fayetteville Communications
Dover Kohl will provide information for the City's TV -station and website. Information will
include project updates and progress reports. photographs, maps, renderings, and images.
1.04 Review of Relevant Information
Members of the Dover -Kohl team will review relevant information (as provided by the City) in
order to familiarize themselves with the diverse characteristics of Fayetteville. An in-depth
review of the General Plan 2010, Strategic Plan 2004-2009, City ordinances, previous studies and
plans, current and historical maps, and demographic information will prepare the team for the
project ahead.
1.05 Site Visit (Trip #2)
A Principal and Project Director from Dover -Kohl, as well as other leading members of the team,
will travel to Fayetteville for a 2 -day analysis trip. The site visit will include the following:
1.05.01 Interviews and Meetings
At this time initial interviews, presentations, and meetings with City of
Fayetteville staff, City Council, elected officials, The University of Arkansas,
neighborhood organizations, and local stakeholders will be scheduled to discuss
overall project goals and objectives.
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1.05.02 Urban Design and Land Use Analysis
The team will analyze Fayetteville by studying the existing town and country
framework. We will examine the existing urban form, analyzing the network of
streets, blocks and lots, building types, and building form. We will examine
designated open spaces, parks, trails, and agricultural lands as well. The analysis
will include an examination of the existing land use, density, and urban design
elements throughout the City. The analysis will be performed with the livability
needs of the community and region in mind. Careful attention will be given to
the four distinct and unique strategy areas in the city.
1.05.03 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 the Comprehensive Plan.
1.06 Economic Analysis
The Economic Analysis will identify a range of infill and redevelopment opportunities in the
City. The team will review demographic and economic / market data to forecast growth and
development throughout the city. The analysis will feature an examination of land use
regulations and economic development strategies. The analysis will examine the local
Fayetteville market with respects to the continued growth of Northwest Arkansas. The analysis
will prepare the team with a thorough understanding of growth pressures in the region and will
include strategies to further economic development in the city.
1.07 Transportation Analysis
The Transportation Analysis will examine city-wide mobility from the perspective of all modes
of travel walking, biking, using transit, and driving. 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. The street network, as well as existing
infrastructure capabilities, will be examined.
Task Two — The Charrette: City Plan 2025
The Charrette phase involves preparing and hosting a two-week public involvement design session for the
City of Fayetteville. The Dover -Kohl team will utilize an open planning process of workshops to quickly
engage the community in expressing their current ideas and desired outcomes for the evolution of their
city. The use of the community design charrette provides a collaborative forum to bring all parties
together and focus on a common goal. The hands-on nature of the design workshops and the opportunity
to interact with differing perspectives allows issues to be identified and resolved. In addition, the
workshops provide an educational opportunity for all participants. The format of the charrette will be
tailored to obtain the best possible community input and resulting work products. Dover -Kohl will work
with the City to structure the format of the charrette.
2.01 The Charrette (Trip #3)
On an agreeable date selected by the City, Dover Kohl will travel to Fayetteville for a thirteen day
charrette. Dover Kohl will provide a staff of seven Planners, which will include as Principal
Victor Dover, and Project Director to facilitate the public workshop. The charrette will feature the
following events:
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Community Kickoff Presentation. An evening Community Kick-off Presentation will introduce
the Dover -Kohl team and mark the official start of the charrette. The event will feature a "food
for thought" presentation to educate participants on best practices in community planning, Smart
Growth, and urban design.
Hands-on Design Sessions (4). As a centerpiece of the charrette, Dover, Kohl & Partners will
facilitate four Hands-on Design Sessions, one for each geographic area of the city. Dover -Kohl
will work with City staff to determine an appropriate schedule for the various sessions, as well as
appropriate locations for each. Dover, Kohl & Partners is flexible in the exact format of the
Hands-on Design Session(s), with the primary purpose of the event(s) being to get the maximum
number of people involved and participating in the creation of a city-wide plan.
Each Hands-on Design Session will begin with a short introduction and review of the various
issues and concerns affecting the City as a whole. 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 Dover -Kohl team or City staff 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 growth and development of the City and discuss them in small groups.
Each table will be provided with a large base map of the entire City. After examining City-wide
needs and issues, each table will focus on their particular area of the city. Participants will work
and draw on base maps to illustrate how they might like to see their area of the City (South
Fayetteville, West Fayetteville, East Fayetteville, or Center City) evolve in the future by
describing the uses, open spaces, building design, landscaping, transportation, 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 dcsign session is to forge a
community consensus and develop a long-range vision for the future of the City of Fayetteville.
On-site Design Studio. Following the hands-on design sessions the team will set-up an open
design studio, preferably in a central location within the City, for the charrette 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 sessions and pre-charrette analysis in order to formulate
the initial concepts for the Comprehensive Plan. In addition, the team will assess more specific
issues that pertain to each of the study areas. 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, local merchants, key property owners, real estate brokers, Fayetteville Chamber
of Commerce, University of Arkansas officials, neighborhood associations, historic preservation
organizations, environmental groups, and other key City stakeholders. These meetings will assist
in the team's continued understanding of the physical, economic, environmental, and
organizational forces that are shaping the City.
"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" Presentation. Sketches and visualizations will be
presented illustrating the hypothetical build -out for the City based on citizen input. These initial
plans will serve as examples of how the various areas of the city can change and grow.
Accompanying renderings will include "before and after" illustrations that show possible
scenarios for future development. Also, a summary of development strategies will be presented,
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highlighting the various opportunities for quality development and infill development.
Task Three — City Plan 2025 and Implementation
The draft concepts begun during the charrette will be refined to best illustrate the community's
long-term vision for the City. 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. A policy document will be
produced that accompanies the plan to guide future development.
3.01 Refine the Plan
The draft concepts begun during the charrette will be refined to best illustrate Tong -term
development prospects. Illustrations of the study areas will demonstrate the possibilities for future
development, highlighting specific strategies for development, redevelopment, or open space
preservation. The plan will designate a hypothetical development intensity and an appropriate
mix of uses 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
preservation of Fayetteville's community character as it continues to grow and develop.
3.02 Create a Vision and Goals Report
The Vision and Goals Report will consist of a concise plan document summarizing the
community process, traditional urban design features, planning analysis, hypothetical build -out
plan, and the implementation policies. The report will include both descriptive text as well as
definitive illustrations, including diagrams, pictures, quotes, maps, and documentation to describe
the overall community vision and goals for the City and the four strategy areas. The report will
be organized as two complete chapters to be inserted in the Comprehensive Plan.
Task Four — Review and Presentation
4.01 Review the Draft Vision and Goals Report
Dover -Kohl will submit an "administrative draft" for City staff and elected/appointed officials
review. The City will provide a consolidated set of comments and revisions to Dover -Kohl.
After completing revisions, Dover -Kohl will submit a "second administrative draft" for staff
review. Once the draft is acceptable to the City, Dover -Kohl will submit a "public draft" for
community review and comment.
4.02 Final Presentation
Once reviewed and revised, Dover -Kohl will submit the Vision and Goals Report for final
review. Dover -Kohl will retum to Fayetteville to present the final documents and illustrations of
the planning process to the City staff, City Council, and the community.
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I1. 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:
I. 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
to 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 (1) 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.
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 workshops. 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.
1. 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 Charrene 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.
111. 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:
I.) Illustrative Master Plan (1), conceptual plan of the City rendered in color and
showing streets, green space, and where infill development and new development should
occur, and various other features of development; at a scale to be determined.
2.) Perspective Drawings (5), rendered in color and showing examples of typical streets,
squares, parks, specific locations of importance 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, architectural elements, and
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neighborhood design.
B. Written Documents. Written Documents will include the following or a reasonable
equivalent:
1.) Vision and Goals 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. The report will be
organized as two complete chapters to be formatted and inserted in the Comprehensive
Plan.
C. Format of Deliverables. Dover Kohl shall provide final work products to City in the
following format:
Graphic documents. One (I) 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 be 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 ('.pdt), 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 B of this Agreement.
Dover -Kohl / City of Fayetteville City Plan 2025 Contract
16
• •
ATTACHMENT "B"
Professional Fees and Reimbursable Expenses
Attachment B supplements the Agreement dated , 2005, 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.
1. 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
$205,000 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 II and II1 of this Exhibit. The
payment of this sum to Dover Kohl shall be apportioned as follows: Thirty (30%) shall be
paid upon the conclusion of Phase I. Fitly (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 $20,000 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. Food expenses will be reimbursed
at an amount close to the 2006 Domestic Per Diem Rate as established by the federal
government or S49 per day per person.
(e) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and
presentation rooms;
(f) 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.
111. 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.
Dover -Kohl / City of Fayenevdle City Plan 2025 Contract
17
• •
ATTACHMENT"C"
Base Information
In accordance with Task 1.04 and 2.02, of the Scope of Services. Dover -Kohl requests the City to
provide the following Base Information:
• SCALE BASE MAPS, in digital and hard copy formats, indicating existing conditions of the project
arca and context, including significant features above and below the ground, environmental
constraints, archaeological sites, utility locations, etc. Maps should specifically include an AutoCAD
plan of the project area indicating any property lines, easements, and any existing building footprints
and heights, roadways, sidewalks, driveways, curbs and curb cuts, alleys, and traffic control devices,
street signage, and current parking. Dover Kohl will work with the City's GIS Department to obtain
necessary base map information.
• AERIAL PHO7OGRAPHS, preferably in color, in plan view and at the largest possible scale.
• RELEVANT EXISTING REGULATIONS, which may constrain zoning, land use, or previous
development proposals envisioned or supported by this Project, and relevant published comments of
local government officials and administrators regarding such constraints.
• ANY OTHER RELEVANT DATA, including pertinent portions of previous local zoning approvals,
covenants, and previous site studies, traffic studies, infrastructure studies, market feasibility studies,
historical background, etc.
Upon commencement of the Project, the City shall provide Dover Kohl with the above information. The
City represents to Dover Kohl that it may depend upon the accuracy and completeness of the information
so provided. If City is unable to provide any of the requested information, it shall immediately contact
Dover Kohl to determine whether such information is reasonably necessary and how such information
might otherwise be obtained. If Dover Kohl considers the requested information reasonably necessary for
the project and the City remains unable to provide such information, then Dover Kohl may prepare or
obtain such information as an additional service compensable in accordance with the Agreement.
Dover -Kohl / City of Fayetteville City Plan 2025 Contract
18
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2005
Department:
Division:
Program:
General Govemment
Miscellaneous
Miscellaneous
Date Requested
11/15/2005
Adjustment Number
Project or Item Requested:
$250,000 is requested In the Downtown Master Plan,
Study project.
Project or Item Deleted:
$250,000 from the Wilson Springs Proceeds designated
in General Fund balance is proposed.
Justification of this Increase:
Funds are needed to enter into a $225,000 contract with
Dover, Kohl, and Partners to facilitate the Public
Participation Process of the City Plan 2025. In addition,
$25,000 is needed for project contingency.
Justification of this Decrease:
A portion of the proceeds from the sale of the Wilson
Springs property which is held in General Fund
Designated Fund Balance.
Sufficient funding remains to comply with City policy.
Increase Budget (Decrease Revenue)
Account Name Account Number
Professional services
Account Name
Use of fund balance
Amount Project Number
1010 6600 5314 00 250,000 03024 1
Decrease Budget (Increase Revenue)
Account Number
1010 0001 4999 99
Amount Project Number
250,000
Approval Signatures
wayov
-Requested By
udget
ana
//-/TcS
Date
Department D for Date
Pi tc & Internam 'cis Di. for - Date
Mayor
Date
Type: A
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Budget Office Use Only
B C
Initial
Date
Initial Date
Initial Date
Initial Date