12-30-2016 Professional Services Agreement Design Workshop, Inc.PROFESSIONAL
SERVICES
AGREEMENT
Project/Services Name: Tract G, Lot 5, Swift Gulch + Wildridge Fire Station Development Plans &
Multi -modal Transportation + Parking Plan for the Avon Commercial Core
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into by and between Design
Workshop, Inc., a Colorado Corporation, whose business address is 120 E. Main Street, Aspen, CO, 81611
( "Consultant ") and the Town of Avon, Colorado ( "Town "), a Home Rule municipality of the State of
Colorado. The Town and the Consultant may be collectively referred to as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the Town desires to have performed certain professional services as described in this
Agreement; and
WHEREAS, the Consultant represents that the Consultant has the skill, ability, and expertise to perform the
services described in this Agreement and within the deadlines provided by the Agreement; and
WHEREAS, the Town desires to engage the Consultant to provide the services described in this
Agreement subject to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties
mutually agree as follows:
1.0 SERVICES AND CONSULTANT PERFORMANCE
1.1 Services and Work Product. As directed by and under the supervision of the Town Manager for
the Town of Avon, the Consultant shall provide the Town with the services described in Exhibit A
( "Services "). "Work Product" shall consist of deliverables and /or product to be created, provided or
otherwise tendered to the Town as described in the Services.
1.2 Changes to Services. The Town may request a change or changes in the Services. Any
changes that are mutually agreed upon between the Town and the Consultant shall be made in writing
and upon execution by both Parties shall become an amendment to the Services described in this
Agreement. To be effective, any written change must be signed by the Consultant and by the Town
Council.
1.3 Independent Consultant. The Consultant shall perform the Services as an independent
Consultant and shall not be deemed by virtue of this Agreement to have entered into any partnership,
joint venture, employer /employee or other relationship with the Town other than as a contracting party
and independent Consultant. The Town shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for the Consultant or the
Consultant's employees, sub - consultants, Consultants, agents, or representatives, including coverage or
benefits related but not limited to: local, state, or federal income or other tax contributions; insurance
contributions (e.g., FICA); workers' compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
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1.4 Standard of Performance, In performing the Services, the Consultant shall use that degree of
care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same
profession practicing in the State of Colorado. Consultant represents to the Town that the Consultant is,
and its employees performing such Services are, properly licensed and /or registered within the State of
Colorado for the performance of the Services (if licensure and /or registration is required by applicable
law) and that the Consultant and employees possess the skills, knowledge, and abilities to competently,
timely, and professionally perform the Services in accordance with this Agreement,
1.5 Patent Indemnification. Consultant shall indemnify, defend and hold Town harmless from any
and all claims, demands, and causes of action (including reasonable attorneys' fees and costs of suit) for
actual or asserted infringement or actual or asserted appropriation or use by Town of trade secrets,
proprietary information, know -how, copyright rights, or patented inventions included in any design or
specification furnished by Consultant or arising from the use or sale of materials, equipment, methods,
processes, designs and information, furnished by Consultant in connection with the Services. Consultant
shall include the foregoing indemnification provision as a term of each agreement utilized by it in the
performance of its work which shall extend expressly from the vendor or sub - consultant to Town.
1.6 Safety. When and to the extent that Consultant or any of its employees, agents or sub - consultants
are working under the terms of this Agreement, Consultant will comply, and cause all of its employees,
agents and sub - consultants to comply, with applicable safety rules and security requirements.
1.7 Qualified Personnel. Consultant will make available all qualified Consultants, drafters, technical
and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement
of work, Consultant will provide Town with the names of all Consultant personnel and their then current
hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal
or re- assignment of personnel by Consultant will only be done with prior written approval of Town.
1.8 Removal of Personnel by Town. Town may, in its discretion, require Consultant to dismiss from
performance of the Services any personnel of Consultant or any sub - consultant for any reason, effective
upon written notice from Town of such dismissal. Town will not be required to pay salary or any other
costs associated with dismissed personnel effective upon Consultant's receipt of notice to dismiss from
Town.
1.9 Representations and Warranties. Consultant represents and warrants that the Services will be
performed in a manner consistent with other reasonable professionals providing similar services under
similar circumstances. Consultant will complete the Services in accordance with the Agreement and
applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement
is executed.
1.10 Maintenance of and Access to Records. Consultant will maintain detailed records of all matters
relating to the Services during the term of the Agreement and for a period after its cancellation or
termination of not less than five (5) years. Town will have the right to copy and audit during regular
business hours all records of any kind which in any way relate to the Services, whether created before,
during or after the termination of this Agreement. Access to such records will be provided to Town at no
cost.
1.11 Disclosure of Adverse Information. Consultant will promptly disclose to Town any and all
information which Consultant may learn or which may have a material adverse impact on the Services or
the Work Product or Town's ability to utilize the Work Product in the manner and for the purpose for
which the Work Product is intended.
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2.0 COMPENSATION
2.1 Commencement of and Compensation for Services. Following execution of this Agreement
by the Town, the Consultant shall be authorized to commence performance of the Services as described
in Exhibit A subject to the requirements and limitations on compensation as provided by this Section 2.0
COMPENSATION and its Sub - Sections.
A. Time and Materials Contract — Not to Exceed Amount, ..The Consultant shall perform the
Services and shall invoice the Town for work performed based on the rates and /or compensation
methodology described in Exhibit B." Total compensation (including all reimbursable expenses) shall
not exceed Eighty -Eight Thousand and Six Hundred Fifty Dollars ($88,650.00).
B. Reimbursable Expenses. The following shall be considered "reimbursable expenses" for
purposes of this Agreement and may be billed to the Town without administrative mark -up but which
must be accounted for by the Consultant and proof of payment shall be provided by the Consultant with
the Consultant's monthly invoices:
• Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal
Revenue Service as a deductible business expense)
• Printing and Photocopying Related to the Services
• Long Distance Telephone Charges Related to the Services
• Charges incidental to securing needed information (e.g., charges imposed to obtain recorded
documents)
• Postage and Delivery Services
• Lodging and Meals (off with prior written approval of the Town as to dates and maximum
amount)
C. Non - reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, fee, or
expense incurred by the Consultant not otherwise specifically authorized by this Agreement shall be
deemed a non - reimbursable cost and shall be borne by the Consultant and shall not be billed or invoiced
to the Town and shall not be paid by the Town.
D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of
compensation or reimbursable expenses shall be subject to the approval of the Town and shall be made
only by written amendment of this Agreement executed by both Parties.
2.2 Payment Processing. The Consultant shall submit invoices and requests for payment in a form
acceptable to the Town. Invoices shall not be submitted more often than once each month unless
otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted
by the Town, all invoices shall contain sufficient information to account for all Consultant time (or other
appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during
the stated period of the invoice, Following receipt of a Consultant's invoice, the Town shall promptly
review the Consultant's invoice.
2.3 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Consultant time,
reimbursable expense, and /or compensation requested by the Consultant described in any invoice and
may request additional information from the Consultant substantiating any and all compensation sought
by the Consultant before accepting the invoice. When additional information is requested by the Town,
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the Town shall advise the Consultant in writing, identifying the specific item(s) that are in dispute and
giving specific reasons for any request for information. The Town shall pay the Consultant within forty -
five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or
invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice
by the Town following receipt of the information requested and resolution of the dispute. To the extent
possible, undisputed charges within the same invoice as disputed charges shall be timely paid in
accordance with this Agreement. Payment by the Town shall be deemed made and completed upon
hand delivery to the Consultant or designee of the Consultant or upon deposit of such payment or notice
in the U.S. Mail, postage pre -paid, addressed to the Consultant.
3.0 CONSULTANT'S GENERAL RESPONSIBILITIES
3.1 The Consultant shall become fully acquainted with the available information related to the
Services. The Consultant is obligated to affirmatively request from the Town such information that the
Consultant, based on the Consultant's professional experience, should reasonably expect is available
and which would be relevant to the performance of the Services.
3.2 The Consultant shall perform the Services in accordance with this Agreement and shall promptly
inform the Town concerning ambiguities and uncertainties related to the Consultant's performance that
are not addressed by the Agreement.
3.3 The Consultant shall provide all of the Services in a timely and professional manner.
3.4 The Consultant shall promptly comply with any written Town request for the Town or any of its
duly authorized representatives to reasonably access and review any books, documents, papers, and
records of the Consultant that are pertinent to the Consultant's performance under this Agreement for the
purpose of the Town performing an audit, examination, or other review of the Services.
3.5 The Consultant shall comply with all applicable federal, state and local laws, ordinances,
regulations, and resolutions.
3.6 The Consultant shall be responsible at the Consultant's expense for obtaining, and maintaining in
a valid and effective status, all licenses and permits necessary to perform the Services unless specifically
stated otherwise in this Agreement.
4.0 TERM AND TERMINATION
4.1 Term. This Agreement shall be effective on the 30th day of December. 2016 at 12:01 a.m.,
( "Effective Date ") and shall terminate at 11:59 p.m. on December 31, 2017, or on a prior date of
completion of the Services or termination as may be permitted by this Agreement; provided, however,
that the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve
(12) consecutive calendar months if such extension is approved by the Town Council and the Consultant
and such extension does not alter or amend any of the terms or provisions of this Agreement.
4.2 Continuing Services Required. The Consultant shall perform the Services in accordance with
this Agreement commencing on the Effective Date until such Services are terminated or suspended in
accordance with this Agreement. The Consultant shall not temporarily delay, postpone, or suspend the
performance of the Services without the written consent of the Town Council.
4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for any or no
reason upon written notice delivered to the Consultant at least ten (10) days prior to termination. In the
event of the Town's exercise of the right of unilateral termination as provided by this paragraph:
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A. Unless otherwise provided in any notice of termination, the Consultant shall provide no further
services in connection with this Agreement after receipt of a notice of termination; and
B. All finished or unfinished documents, data, studies and reports prepared by the Consultant
pursuant to this Agreement shall be delivered by the Consultant to the Town and shall become the
property of the Town; and
C. The Consultant shall submit to the Town a final accounting and final invoice of charges for all
outstanding and unpaid Services and reimbursable expenses performed prior to the Consultant's
receipt of notice of termination and for any services authorized to be performed by the notice of
termination as provided by Sub - Section 4.3(A) above. Such final accounting and final invoice shall be
delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill,
or other form of statement of charges owing to the Consultant shall be submitted to or accepted by the
Town.
4.4 Termination for Non - Performance. Should a party to this Agreement fail to materially perform
in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the
performing party if the performing party first provides written notice to the non - performing party which
notice shall specify the non - performance, provide both a demand to cure the non - performance and
reasonable time to cure the non - performance, and state a date upon which the Agreement shall be
terminated if there is a failure to timely cure the non - performance. For purpose of this Sub - Section 4.4,
"reasonable time" shall be not less than five (5) business days. In the event of a failure to timely cure a
non - performance and upon the date of the resulting termination for non - performance, the Consultant
prepare a final accounting and final invoice of charges for all performed but unpaid Services and
authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town
within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of
statement of charges owing to the Consultant shall be submitted to or accepted by the Town. Provided
that notice of non - performance is provided in accordance with this Sub - Section 4.4, nothing in this Sub -
Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting
from non - performance by a Party.
4.5 Unilateral Suspension of Services. The Town may suspend the Consultant's performance of
the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the
Consultant which notice shall state a specific date of suspension. Upon receipt of such notice of
suspension, the Consultant shall immediately cease performance of the Services on the date of
suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the
work area from damage due to weather or to complete a specific report or study); or (2) for the
submission of an invoice for Services performed prior to the date of suspension in accordance with this
Agreement.
4.6 Reinstatement of Services Followinq Town's Unilateral Suspension. The Town may at its
discretion direct the Consultant to continue performance of the Services following suspension. If such
direction by the Town is made within (30) days of the date of suspension, the Consultant shall
recommence performance of the Services in accordance with this Agreement. If such direction to
recommence suspended Services is made more than thirty -one (31) days following the date of
suspension, the Consultant may elect to: (1) provide written notice to the Town that such suspension is
considered a unilateral termination of this Agreement pursuant to Sub - Section 4.3; or (2) recommence
performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive
days, request from the Town an equitable adjustment in compensation or a reasonable re -start fee and, if
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such request is rejected by the Town, to provide written notice to the Town that such suspension and
rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to
Sub - Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written
amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the
Parties for any period of time.
4.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0
TERM AND TERMINATION and its subsections shall be addressed to the person signing this Agreement
on behalf of either Town or Consultant at the address shown below or such other address as either party
may notify the other of and shall be deemed given upon delivery if personally delivered, or forty -eight (48)
hours after deposited in the United States mail, postage prepaid, registered or certified mail, return
receipt requested.
5.0 INSURANCE
5.1 Insurance Generally. The Consultant shall obtain and shall continuously maintain during the
term of this Agreement insurance of the kind and in the minimum amounts specified in this Sub - Section
5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating
as determined by Best's Key Rating Guide. All Required Insurance shall be continuously maintained to
cover all liability, claims, demands, and other obligations assumed by the Consultant.
The Contactor shall secure and maintain the following ( "Required Insurance "):
A. Worker's Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance shall be endorsed
to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) Dollars each occurrence and of One Million Dollars ($1,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Consultant. The policy shall
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent Consultants, products, and completed operations. The policy shall contain a severability of
interests provision. Coverage shall be provided on an "occurrence" basis as opposed to a "claims
made" basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the
Town, and its elected officials, officers, employees and agents as additional insured parties.
C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily
injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident
and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with
respect to each of the Consultant's owned, hired and non -owned vehicles assigned to or used in
performance of the Services. The policy shall contain a severability of interests provision. Such
insurance coverage must extend to all levels of sub - consultants. Such coverage must include all
automotive equipment used in the performance of the Agreement, both on the work site and off the
work site, and such coverage shall include non - ownership and hired cars coverage. Such insurance
shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials,
officers, employees and agents as additional insured parties.
D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of
One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be
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obtained and maintained for one (1) year following completion of all Services under this Agreement.
Such policy of insurance shall be endorsed to include the Town as a Certificate Holder.
5.2 Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 5.0 INSURANCE and its subsections, insurance shall conform to all of the
following:
A. For both Consultant Insurance and Required Insurance, all policies of insurance shall be
primary insurance, and any insurance carried by the Town, its officers, or its employees shall be
excess and not contributory insurance to that provided by the Consultant; provided, however, that the
Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or
purpose arising from or related to this Agreement and the Services. The Consultant shall not be an
insured party for any Town - obtained insurance policy or coverage.
B. For both Consultant Insurance and Required Insurance, the Consultant shall be solely
responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive
notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such
policy.
5.3 Failure to Obtain or Maintain Insurance. The Consultant's failure to obtain and continuously
maintain policies of insurance in accordance with this Section 5.0 INSURANCE and its subsections shall
not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the
Consultant arising from performance or non - performance of this Agreement. Failure on the part of the
Consultant to obtain and to continuously maintain policies providing the required coverage, conditions,
restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which
the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town
immediately upon demand by the Town, or at the Town's sole discretion, the Town may offset the cost of
the premiums against any monies due to the Consultant from the Town pursuant to this Agreement.
5.4 Insurance Certificates. Prior to commencement of the Services, the Consultant shall submit to
the Town certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured
parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE
and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall
reference the Project Name as identified on the first page of this Agreement. The Town may request and
the Consultant shall provide within three (3) business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election,
withhold payment for Services until the requested insurance policies are received and found to be in
accordance with the Agreement.
6.0 OWNERSHIP OF DOCUMENTS
6.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work
Product, as defined in Sub - Section 1.1, shall be deemed work made for hire and made in the course of
Services performed under this Agreement and will be the exclusive property of Town. Town will have
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unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and
sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the
Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any
purpose not directly related to this Agreement will be at the sole risk of Town.
6.2 Obligations of Consultant's Personnel and Sub - consultants. Consultant warrants it has
enforceable written agreements with all of its personnel and sub - consultants to be involved in performing
the Services that:
A. assign to Consultant ownership of all patents, copyrights and other proprietary rights created in
the course of their employment or engagement; and
B. obligate such personnel or sub - consultants, as the case may be, upon terms and conditions no
less restrictive than are contained in this Section 6.0 OWNERSHIP OF DOCUMENTS, not to use or
disclose any proprietary rights or information learned or acquired during the course of such
employment or engagement including, without limitation, any Work Product, all Consultant property and
any other information pursuant to this Section 6.0 OWNERSHIP OF DOCUMENTS.
6.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not,
by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire,
Consultant hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and
interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership
of, the Work Product.
6.4 Town Furnished Information. Title to all materials and all documentation furnished by Town to
Consultant will remain in Town. Consultant will deliver to Town and any all Work Product and property,
including copies thereof on whatever media rendered, upon the first to occur of:
A. Town's written request; or
B. completion of the Services under this Agreement; or
C. termination of this Agreement.
6.5 The Consultant waives any right to prevent its name from being used in connection with the
Services.
7.0 CONFLICT OF INTEREST
The Consultant shall refrain from providing services to other persons, firms, or entities that would create a
conflict of interest for the Consultant with regard to providing the Services pursuant to this Agreement. The
Consultant shall not offer or provide anything of benefit to any Town official or employee that would place
the official or employee in a position of violating the public trust as provided by C.R.S. §24 -18 -109, as
amended, or any Town — adopted Code of Conduct or ethical principles.
8.0 REMEDIES
In addition to any other remedies provided for in this Agreement, and without limiting its remedies available
at law, the Town may exercise the following remedial actions if the Consultant substantially fails to perform
the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of
this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or
inactions by the Consultant. The remedial actions include:
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8.1 Suspend the Consultant's performance pending necessary corrective action as specified by the
Town without the Consultant's entitlement to an adjustment in any charge, fee, rate, price, cost, or
schedule; and /or
8.2 Withhold payment to the Consultant until the necessary services or corrections in performance
are satisfactorily completed; and /or
8.3 Deny payment for those services which have not been satisfactorily performed, and which, due
to circumstances caused by the Consultant, cannot be performed, or if performed would be of no value to
the Town; and /or
8.4 Terminate this Agreement in accordance with this Agreement.
The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or all of the
remedies individually or simultaneously.
9.0 MISCELLANEOUS PROVISIONS
9.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by
either Party. The Town's approval or acceptance of, or payment for, services shall not be construed to
operate as a waiver of any rights or benefits to be provided under this Agreement, No covenant or term
of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town
Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the
Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or
to be a continuing waiver unless specifically stated.
9.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its
officials, employees, Consultants, or agents, or any other person acting on behalf of the Town and, in
particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
9.3 Affirmative Action. Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Consultant will take affirmative action
to ensure applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
9.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns; provided that this Section 9.4 shall not authorize
assignment.
9.5 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party,
including any agent, sub - consultant or sub - Consultant of Consultant. Absolutely no third party
beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is
an incidental and unintended beneficiary only.
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9.6 Article X, Section 201TABOR. The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the
terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that
this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning
of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment
obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate
such funds, this Agreement shall be terminated.
9.7 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising under this
Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute
resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any
and all right either may have to request a jury trial in any civil action relating primarily to the enforcement
of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be construed
against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict
between the language of this Agreement and any exhibit or attachment, the language of this Agreement
shall govern.
9.8 Survival of Terms and Conditions. The Parties understand and agree that all terms and
conditions of the Agreement that require continued performance, compliance, or effect beyond the
termination date of the Agreement shall survive such termination date and shall be enforceable in the
event of a failure to perform or comply.
9.9 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Agreement shall not be assigned by Consultant without the express written
consent of the Town Council for Town of Avon. Any written assignment shall expressly refer to this
Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and
shall not be effective unless approved by resolution or motion of the Town Council for the Town of Avon.
No assignment shall release the Applicant from performance of any duty, obligation, or responsibility
unless such release is clearly expressed in such written document of assignment.
9.10 Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and
reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of
this Agreement.
9.11 Integration and Amendment. This Agreement represents the entire and integrated agreement
between the Town and the Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. Any amendments to this must be in writing and be signed by both the
Town and the Consultant.
9.12 Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the
validity of any other provision of this Agreement.
9.13 Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or
documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In
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the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this
Agreement shall govern and control.
9.14 Employment of or Contracts with Illegal Aliens. Consultant shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Consultant shall not contract with a
sub - consultant that fails to certify that the sub - consultant does not knowingly employ or contract with any
illegal aliens. By entering into this Agreement, Consultant certifies as of the date of this Agreement it
does not knowingly employ or contract with an illegal alien who will perform work under the public
contract for services and that the Consultant will participate in the e- verify program or department
program in order to confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services. The Consultant is prohibited from
using either the e- verify program or the department program procedures to undertake pre - employment
screening of job applicants while this Agreement is being performed. If the Consultant obtains actual
knowledge that a sub - consultant performing work under this Agreement knowingly employs or contracts
with an illegal alien, the Consultant shall be required to notify the sub - consultant and the Town within
three (3) days that the Consultant has actual knowledge that a sub - consultant is employing or contracting
with an illegal alien. The Consultant shall terminate the subcontract if the sub - consultant does not stop
employing or contracting with the illegal alien within three (3) days of receiving the notice regarding
Consultant's actual knowledge. The Consultant shall not terminate the subcontract if, during such three
days, the sub - consultant provides information to establish that the sub - consultant has not knowingly
employed or contracted with an illegal alien. The Consultant is required to comply with any reasonable
request made by the Department of Labor and Employment made in the course of an investigation
undertaken to determine compliance with this provision and applicable state law. If the Consultant
violates this provision, the Town may terminate this Agreement, and the Consultant may be liable for
actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such
damages provided by such Agreement.
9.15 Non- Liability of Town for Indirect or Consequential Damages or Lost Profits. Parties agree
that the Town shall not be liable for indirect or consequential damages, including lost profits that result
from the Town's declaration that the Consultant is in default of the Agreement, so long as the Town acts
in good faith.
9.16 Indemnity. To the fullest extent permitted by law, Consultant shall indemnify and defend the
Town, its members, affiliates, officers, directors, partners, employees, and agents (collectively referred to
as the "Town" for the purposes of this Section 9.16) from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees (collectively referred to "Losses "),
arising out of the performance of the Services, provided that (a) any such claim, damage, loss or expense
is caused by any negligent act or omission of (i) Consultant, (ii) anyone directly or indirectly employed by
Consultant or (iii) anyone for whose acts Consultant may be liable; and (b) such indemnification shall not
apply to the extent that such Losses are caused by the negligence of the Town or other party indemnified
hereunder. If Consultant is providing architectural, engineering, or surveying services; design;
construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water,
sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or
excavation connected with such construction, the extent of Consultant's obligation to indemnify and
defend the Town is enforceable only to the extent and for an amount represented by the degree or
percentage of negligence or fault attributable to the Consultant or the Consultant's agents,
representatives, sub - consultants, or suppliers. If the Consultant is a person or entity providing
Avon Professional Service Agreement [Design Workshop]
architectural, engineering, surveying, or other design services, then the extent of Consultant's obligation
to indemnify and defend the Town may be determined only after the Consultant's liability or fault has
been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual
agreement between the Consultant and Town. The indemnification in this Section 9.16 shall be
construed to comply with C.R.S. § 13- 50.5- 102(8) et. seq.
9.17 Notices. Unless otherwise specifically required by a provision of this Agreement any notice
required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently
given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to
the Party to whom such notice is to be given at the address set forth below or at such other address as
has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been
given when deposited in the United States Mail properly addressed to the intended recipient. Written
notice may also be provided by electronic mail which shall be deemed delivered when receipt is
acknowledged by reply of the recipient.
If to the Town: If to the Consultant:
Virginia Egger, Town Manager
Design Workshop, Inc.
Town of Avon
Attention: Mike Albert
P.O. Box 457
120 East Main Street
1 Lake Street
Aspen, Colorado 81611
Avon, Colorado 81620
malbert @designworkshop.com
vegger(a,avon,org
With Copy to:
Town Attorney
P.O. Box 457
1 Lake Street
Avon, Colorado 81620
eheil(a,avon.org
10.0 AUTHORITY
The individuals executing this Agreement represent that they are expressly authorized to enter into this
Agreement on behalf of Town of Avon and the Consultant and bind their respective entities.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS]
Avon Professional Service Agreement [Design Workshop]
THIS AGREEMENT is executed and made effective as provided above.
TOWN OF AVON, COLORADO
By: 7d ATTEST: �:�
Virginia C. Eg er, To n Manager Preston Neill, Executive Assistant to the Town Manager
CONSULTANT:
By: /" */Z.,&
Name: Mike Albert
Position: Principal Design Workshop, Inc.
Avon Professional Service Agreement [Design Workshop]
EXHIBIT A — Services and Schedule
Project/Services Name: Tract G, Lot 5, Swift Gulch + Wildridge Fire Station Development Plans &
Multi -modal Transportation + Parking Plan for the Avon Commercial Core
Exhibit A
LAND USE DEVELOPMENT PLAN (DESIGN WORKSHOP)
TASK 11: REVIEW OF EXISTING
CONDITIONS AND PROJECT START -UP
PROJECT KICK -OFF MEETING
Design Workshop will conduct one (1) kick -off meeting
with Town of Avon Staff to define the Critical Success
Factors (needs, goals, vision and objectives) for the
planning effort and to set up the project management,
coordination, and collaboration tools for effective
communication and delivery of the plan. The Critical
Success Factors are those outcomes that must be
achieved for the planning effort to be considered
successful. We will also confirm the public outreach
strategy and stakeholder identification during this
meeting. The kick -off meeting will provide the
opportunity to identify data needs and begin the
existing conditions site analysis. The Town of Avon
should provide or coordinate the collection of any
base files that exist prior to the meeting, and the team
will provide an assessment of required additional
information.
The kick -off meeting will include a site tour to become
familiar with each of the site's existing conditions,
strengths and constraints, such as access, sun /shade
orientation, hydrology, soils, slopes, vegetation, views,
circulation, infrastructure /utilities, land use development
patterns, parks /open space /trails, and context
surrounding the site.
REVIEW OF EXISTING PLANS AND
PERTINENT CODES AND CURRENT
ENTITLEMENTS
The team will conduct a review of all existing plans and
pertinent codes and entitlements. Existing plans to be
reviewed include the following:
Planning Services Review and Update of
Nottingham Park Master Plan, Swift Gulch Master
Plan, Lot 5 Development Plan
Master Plan for Harry A. Nottingham Park (2008)
Avon West Town Center District Investment Plan
(Design Workshop, 2007)
Avon Comprehensive Plan (Design Workshop,
2006)
Avon Development Code
SITE ANALYSIS DIAGRAMS
Using available data, Design Workshop will produce
analysis Diagrams for each site (Tract G, Lot 5, Swift
Gulch, and the Wildridge Fire Station). These will
account for hydrology, soils, slope, vegetation, views,
circulation, and surrounding context and development
patterns.
DELIVERABLES:
1. Project Kick -Off Agenda and Meeting Minutes
2. Project Plan — goals, vision, objectives,
communication plan, schedule
3.Public Outreach Strategy
4. Site Analysis Diagrams —assume up to three (3) per
site
TASK 1.2: MARKET INVESTIGATION
RESEARCH AND INVESTIGATION
The intent of this phase of work is to assess the market
demand for various land use options and financial
feasibility of new development considering public sector
development potential, private sector development,
and public and private partnership development on the
existing town -owned properties (Tract G, Lot 5, Swift
Gulch, and the Wildridge Fire Station). This work will
coincide with the urban form and design of the sites to
determine the optimal mass and scale of these projects
at a level of detail sufficient to produce a complete
building program for a financial analysis that meets the
town's current and projected needs.
Research will be conducted by Design Workshop
to establish base assumptions for land values,
construction costs, affordable workforce housing
programs, residential sales prices, and retail and
commercial lease rates. Assumptions will be derived
from discussions with real estate agents (contacts
to be provided by the Town), review of comparable
project sales within the Town of Avon, and discussions
with real estate developers and contractors. Public
improvements will be identified and discussed with
Town Staff and researched for feasibility. Staff review
will occur after the base assumptions are developed for
confirmation and approval.
DEVELOPMENT PRO FORMAS
Pro formas will be developed for each parcel using the
program information, phasing, revenue projections, and
development costs.
To begin work, we will require following information:
1. Assessor records for the relevant subject parcels
including sales history
2. Comparable property sales data as available to the
Town finance department.
3. Retail sales volume data (containing any updates
from information previously supplied to DW by the
Town), including sales /sg per retail type.
4. Real estate broker contact information
5.Tax rate information for sales tax, property
tax, BETA, parking in lieu fees and lodging tax
(containing any updates from information previously
supplied to DW by the Town).
6. Recent Affordable Workforce Housing revenue
(rental rates) and construction data for the Valley
DELIVERABLES:
1. Draft Development Pro formas for Staff review
2. Final Development Pro formas for each site
3. Draft Summary report and assumptions for Staff
review
4. Summary report and assumptions for each site
TASK 1.3: CHARRETTE AND
PRELIMINARY DEVELOPMENT PLAN
ALTERNATIVES
Our team will conduct a two -day site visit and charrette.
On Day One, we will meet with Town Staff and the
stakeholders identified during the project start -up
phase. The stakeholder groups will be brought together
for each of the parcels being studied. Stakeholders
are anticipated to include worker housing providers,
business owners, Library, Amphitheater /Park Event
Programmers, Recreation Center and community
safety (Police and Fire). A steering committee of staff
is anticipated to include community development,
engineering, parks and other departments or individuals
that the client identifies as essential. Together, we will
review the project's vision, critical success factors,
goals and expectations for the process. We will also
facilitate a discussion on needs, desires, opportunities
and constraints for each of the parcels.
The Design Team will begin documenting observations
and sketching initial ideas. This effort will continue
Day Two where the Design Workshop team will
develop up to two conceptual master plan alternatives
for the development parcels. We will also develop a
proposed land use diagram, proposed multi -modal
transportation systems and parking diagram, and
urban design renderings. We will look at building to
street relationships, development programs, solar/
shade analysis, view corridors, pedestrian and trail
connections, and more to inform the land planning. At
the conclusion of the charrette, the Design Team will
present the alternatives to Town Staff and selected
stakeholders.
Concurrent to the master planning process, Becky
Zimmerman will be reviewing economic development
principles for the sites and determining market
demands, planning and construction timeframes, fiscal
feasibility, and phasing opportunities.
Our approach is to (1) gain a good understanding of
the various needs /requirements for the parcels and (2)
find the correct balance between providing essential
town services, promoting the existing facilities and
meeting the expectations and goals of the community.
Framework plans will be produced for each alternative,
and sections /perspective renderings will be provided as
needed to convey the design ideas.
DELIVERABLES:
1. Summary of alternatives developed
2. Summary of public input results from keypad
polling
TASK 1.4: REFINED DEVELOPMENT
PLAN ALTERNATIVES
REFINED DEVELOPMENT PLAN
ALTERNATIVES
The Design Team will take the feedback and
alternatives developed during the charrette to refine
the alternatives for presentation to the general public.
At least two (2) alternatives will be produced for each
site and will be described in graphic forms to included
rendered plans, cross sections, and massing models. It
is anticipated that Swift Gulch and Lot 5 are advanced
further than the other study parcels, and not as much
time will be spent developing new concepts for these
parcels, but rather just evaluating them and considering
any other new ideas. Tract G will include up to two
(2) vision graphics to depict ideas. Cost Estimates
comparable to the level of design will be produced at
this stage for above ground improvements (no utilities).
All presentation materials will be made available for a
Town Website update.
TASK 1.5: PUBLIC PROCESS
PUBLIC PROCESS
A public open house and workshop will be conducted
to review the refined alternative plans and gather
public feedback. A short keypad polling presentation
will review the alternative plans with attendees.
Keypad polling solicits direct feedback from meeting
participants using handheld devices, or keypads. This
allows real time feedback to multiple choice questions.
Responses are anonymous. Polling allows the team
and audience to gauge the room's opinion while
limiting a vocal voice from dominating a meeting. Staff
will review and comment on all meeting materials,
including display boards, presentations, and polling
questions in advance of the meeting. Revisions will be
made accordingly.
After the presentation, a mapping exercise will be
facilitated. The mapping exercise will put participants in
small groups to identify components of the proposed
plans that they like, feel neutral about, or don't like.
We'll focus the exercise around mass and scale and
development framework, such as view corridors, road
networks and pedestrian circulation. We'll also work
with attendees to start to prioritize improvements and
resources through a value exercise.
Following the in- person workshop, a Qualtrics online
project will be launched to further solicit feedback from
the larger community, and in particular, those that did
not attend the in- person meeting. Qualtrics is an online
collaboration software suite that allows polling that
would parallel those questions from the meeting, but
also allows more interaction with mapping and imagery.
The program allows clicking on specific zones of a map
or image, polling on visual preferences, prioritization
amongst a sliding scale, and /or writing in comments.
It enables ease in polling various groups, designing
a trail of questions for specific users based on age,
where they live, etc. In translates easily into multiple
languages such as Spanish and offers a high degree of
cross correlation of results. It is not a project website,
however, and so the design team would work with the
Town's web designer to populate a site hosted by the
site with graphics (plans in process), links (to Qualtrics)
and written content (introductions, updates, time lines).
Design Workshop will create all surveys and manage
the Qualtrics content during the extent of the project.
We will also work the Town to populate social media
with information and updates. These can be filtered
through social media sites managed by the Town, the
Recreation Center, or library, for example.
https: / /www.qualtrics.com /research- suite/
Finally, the Public Process task will include a series
of stakeholder meetings will take place for each site.
These meetings will target specific users for their
input, such as hosting a Hispanic /bilingual round table
discussion for the neighborhoods around Tract G, or
neighbors of the Wildridge Fire Station site. These
meetings will also be open to the larger public. In these
meetings, we anticipate traveling to the people to meet
with them in a location near to the site. We will require a
neighborhood liaison for the sites, working with them to
ensure the message is being delivered, and the feedback
that is sought is being provided. Qualtrics surveys will be
provided parallel to these stakeholder meetings for those
unable to attend in person.
DELIVERABLES:
1. Two (2) Alternatives per site
2. Tract G two (2) vision graphics
3. Cost Estimate
4. Digital files and content for the Town website and
social media
5. Draft meeting materials for Staff review and
comment.
6.Summary of public process including mapping
exercise and keypad polling
7. Creation and management of two (2) rounds of
Qualitrics polling surveys (w/ public open house and
stakeholder meetings)
8.Up to Four (4) neighborhood meetings over two (2)
visits
-TASK 1.6: FINAL DEVELOPMENT PLAN
Based on feedback from Town Staff, the Stakeholder
Groups, and the General Public, a draft development
plan will be developed for each site. These will include
detailed cost estimates for above ground improvements.
A phasing, or implementation schedule will be developed
and coordinated with the transportation planning tasks.
All materials will be compiled into a summary document
that outlines the process and outcomes and includes
all graphic work. The assumptions, methodologies
and conclusions of the financial analysis and the
transportation study will be included and highlighted
within the document.
ADOPTION PROCEDURE
A work session will be held with the Planning and Zoning
Commission (P &Z) for review of the development
plans. Town Council will be invited to the work session.
Following the work session, a public hearing will be held
by the P &Z to recommend an action for Council on the
development plans. Upon action by the P &Z, a public
hearing will be held by the Town Council. The final report
will be delivered following adoption by the Town Council.
Design Workshop will attend the work session and the
Town Council public hearing.
MULTI -MODAL TRANSPORTATION + PARKING PLAN (LSC)
DELIVERABLES:
1. Draft and Final Development Plan for each site
2. Phasing /Implementation Schedule for each site
3.Summary Master Development Plan Document
TASK 2.1 REVIEW OF EXISTING
CONDITIONS
LSC will begin the work by developing a data needs
list. They will attend a study kick -off meeting and initial
public meeting in Avon to review the goals of the study,
available data resources, work scope and schedule.
This will include an area site walk. Through the site visit
and review of existing documents, the following will be
defined:
Existing roadway geometries
Available existing traffic volumes (daily, peak -hour)
Existing bicycle and pedestrian facilities
o Available existing bicycle and pedestrian counts
Existing transit services and facilities
Existing transit counts (annual, seasonal, daily)
Existing parking supply and regulations
Available existing parking counts
In addition, LSC will conduct an assessment of local
Avon parking demand rates. LSC will provide two
staffers to conduct hourly counts throughout the
Avon commercial core area (including key private
parking facilities) over a 12 -hour period. We will then
summarize the data and use it to develop a parking
demand model. Land use inventories (provided by
others) will be compared against the observed parking
levels, and the resulting rates will be calibrated to
develop parking rates reflecting these observed parking
counts. This will then be available in future tasks to
assess changes in parking conditions and the efficacy
of parking control strategies.
A memorandum will be prepared summarizing the
existing conditions. In addition to the summary of data,
this document will include the following:
u A general assessment of the overall transportation
conditions, by mode.
An evaluation of the overall travel mode -split
(proportion of total travel by each mode) in the
downtown Avon area.
An assessment of gaps in the bicycle /pedestrian
network and how they impact non - motorized travel
A review of the strengths and weaknesses of the
existing Avon transit program.
A draft of this memo will be provided for Staff review
prior to finalization for public information.
DELIVERABLES:
1. A memo will be provided for review and to serve
as the basis for public input. A draft memo will be
provided to Staff for review prior to finalization.
TASK 2.2 TRANSPORTATION
ALTERNATIVES ANALYSIS
This task will focus on developing possible alternative
multi -modal transportation strategies, including but not
limited to bus, gondola, pedestrian, and bicycle ways, for
consideration by decision - makers and the public. This
work will be based on the following:
A review of transportation strategies (both
successful and unsuccessful) in other mountain
resort communities. While all communities have
differences, a "peer evaluation" can yield useful
lessons regarding how various elements of overall
travel demand (commuters, skiers, residents, etc.)
are impacted by strategies implemented in other
mountain resort centers. LSC will also review the
transportation performance standards adopted by
resort communities. Much of this information is
already available in LSC's files from previous work
in resort communities such as Vail, Aspen, Summit
County, Park City, Tahoe and Jackson Hole.
Application of the parking demand model developed
in Task 1 to future development quantities in various
sub -areas of Avon.
Evaluation of potential parking management
strategies, including timed parking restrictions, paid
parking programs, intercept parking programs (for
employees, general public), shared daytime parking
at lodging facilities.
Planning -level evaluation of options to expand
parking supply, including conceptual layout, access
issues, potential number of spaces, and function as
part of the overall commercial core parking supply.
A review of potential transit routing and bus stop
improvements.
An assessment of the role of innovative mobility
strategies, such as Uber /Lyft and app -based shuttle
services.
w An assessment of how autonomous vehicles may
redefine multi -modes of transportation in Avon in
coming years. This will consider both autonomous
shared -use vehicles (taxi, transit, etc.) as well
as private vehicles. In particular, the ability of
autonomous vehicles to self -park away from busy
activity centers will be considered in assessing the
long -term need for parking in the commercial core
area.
An evaluation of the need for enhancements to at-
grade crosswalks and trail crossings.
DELIVERABLES:
1. A second memo will be prepared presenting the
results of this task.
TASK 2.3 DEVELOPMENT OF
RECOMMENDED PLAN
Based upon public input and review of the alternatives
evaluation, LSC will develop a draft comprehensive
transportation plan. This will include the following:
Recommended parking strategies. This will include
both management strategies as well as expansion
of parking supply. LSC will work with the Design
Workshop team to consider options for public/
private partnership, cost estimations for design
and construction of any new parking facilities, and
implementation schedules.
Recommended bicycle /pedestrian improvements,
including key new links, potential improvements in
crosswalks.
Recommended transit strategies, including
fixed -route bus service improvements, new bus
stops, and other mobility strategies, along with an
implementation schedule and estimate costs in
crosswalks.
ADOPTION PROCEDURE
LSC will attend the work session with the Planning
and Zoning Commission (P &Z) for review of the
transportation plans. Town Council will be invited to
the work session. It will be held concurrent to the
Land Use Development Plan work session. Following
the work session, a public hearing will be held by the
P &Z to recommend an action for Council. Upon action
by the P &Z, a public hearing will be held by the Town
Council. Design Workshop will attend the Town Council
meeting for the first hearing. Staff will attend the
second hearing. If the design team is required at the
second hearing, additional services will be requested.
The final report will be delivered following adoption by
the Town Council.
After review of all input, LSC will prepare a final report
for Council adoption.
DELIVERABLES:
1. Draft Transportation Plan Report
2. Final Transportation Plan Report
PROJECT FEE
_ — _._..._- -..._ __._ _
Task 1.1: Review of Existing Conditions + Project Start-Up (Analysis, Project Management) 32 $5,110
Task 1.2: Market Investigation 50 $8,600
Task 1.3: Charrette + Preliminary Development Plan Alternatives 60 $10,880
Task 1.4: Refined Development Alternatives
_ j
P � 84 $12,520
Task 1.5: Public Engagement ( Project website content, Qualtrics surve y creation and management)
32 $3,500
Task 1.6: Final Development Plan 58 $10,220
_ - 1 $50,830,
Task 2.1: Review of Existing Conditions
Winter Parking Counts
Task 2.2 Transportation Alternatives Analysis
Task 2.3: Development of Recommended Plan
I
L--mm-
* Includes Travel + Reimbursable Expenses
Services in addition to those described above are to be compensated on a Time and Materials basis per Design Workshop's current
published rate schedule. Additional services will include (but are not limited tot additional meetings, redesign of previously approved work,
major revisions to program and /or expansion of scope of services. Additions or modifications to the scope of services shall be authorized
by written change request, • however, the absence of such a written change order shall not act as a bar to payment of fees due Design
Workshop, provided the change was in fact approved and ordered by the Client.
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EXHIBIT B — Hourly Billing Rates
Project/Services Name: Tract G, Lot 5, Swift Gulch + Wildridge Fire Station Development Plans
& Multi -modal Transportation + Parking Plan for the Avon Commercial Core
DESIGN WORKSHOP
Principal I Becky Zimmerman: $200
Principal I Mike Albert: $225
Project Manager I Ashley Allis: $130
Project Landscape Architect: $100
LSC TRANSPORTATION CONSULTANTS
Principal I Gordon Shaw $190
Planner, Engineer $100
Support Staff $ 60
Exhibit B