04-29-2005 DESIGN WORKSHOP INC FOR THE AVON TOWN CENTER WEST AND MAIN STREET PUBLIC IMPROVEMENTS PROJECTApril 29, 2005
Mr. Tambi Katieb
400 Benchmark Road
PO Box 975
Avon Colorado 81620
Dear Tambi:
Thank you for selecting Design Workshop, Inc. for the Avon Town Center West and Main
Street Public Improvements project. We are very pleased to submit this contract to the Town
of Avon to provide you with the services outlined in Attachment B. Design Workshop's
standard Contract Provisions are also included as Attachment A.
By signing this proposed contract, you are authorizing Design Workshop, Inc. to commence
services immediately for a fee not to exceed $125,525.00 without written consent based on the
services described in the April 1, 2005 proposal for the Town Center West & Main Street
Public Improvements project, Attachment B and the Contract Provisions (Attachment A).
Please call Steven Spears or me if you have any questions regarding this proposal. We will
begin work immediately once we receive a copy of this authorization with the appropriate
signatures during the May 10, 2005 Avon Town Council meeting.
Thank you again for selecting Design Workshop to assist you in achieving your goals for the
Avon Town Center West and Main Street Public Improvements project.
Sincerely,
DESIGN WORKSHOP, INC
Don Ensign
Steven Spears
Principal In Charge
Project Manager
APPROV Y LIENT:
By: je-"~
Title: Nk!~joe 5 I D 10S
Date: ~ / o 1o5
Attachment A
Contract Provisions
All fees, commissions, and expenses billed shall be due within thirty (30) days of the receipt of an
approved billing statement. Interest on such unpaid or late bills shall accrue at 1 3/4 percent interest per
month (21.0% A.P.R.). Client shall have thirty (30) days from receipt of billing statement to object in
writing to the amounts due, the adequacy of Design Workshop's performance, and the value of the
services provided to Client.
2. When any invoice is outstanding and unpaid thirty (30) days after the date of billing, Design Workshop
may, at its discretion, stop work on the project. In addition, when any invoice is outstanding and unpaid
ninety (90) days after the date of billing, Design Workshop may withdraw from any governmental agency
review process any applications, drawings, submittals or other project documents reflecting Design
Workshop's services. No notice of Design Workshop's intent to stop work or to withdraw from any
governmental review process shall be required. Client forever releases, discharges and holds Design
Workshop harmless from any and all, liability arising out of Design Workshop's withdrawal of any
applications, drawings, submittals or other project documents subject to the limitations of the Colorado
Governmental Immunity Act.
3. If the project is suspended or abandoned, in whole or in part, for a period of ninety 9 da o ore, or
upon instruction by Client to Design Workshop to suspend activity on the proje si Wo h shall
be compensated for all services performed together with all reimbur b ex du the
Agreement shall be deemed terminated. If the project is resumed aft 3r c su n,' greement
between Client and Design Workshop shall be renegotiated pri re o f s ices by Design
Workshop. Such renegotiation shall include a fee for remobilize osts in cu d esign Workshop.
In the event that this Agreement is terminated due to pe or donment of the project,
Client shall make full payment to DWI for all compe o u her n ithin 30 days of receipt of a
final invoice from DWI. For purposes of this A e en, "s pension" or "abandonment" shall
mean substantial discontinuance of labor, i s, nd e e es or a ninety (90) day period or written
instruction by Client to suspend substAnti~(ly j acti i
4. Design Workshop reserves is u'i, "rates at its own discretion during the course of this
project. Any such incre o " b;, ill In result in an increase in the total fees identified in this
proposal unless,speci s is eih%Provided on a time and materials basis.
5. Drawings t ing those in electronic form, prepared by Design Workshop are the
Instrum of S e solely with respect to this project. Design Workshop and the Client shall
b . u n joint owners of their Instruments of Service and shall retain all common law,
s to oth s, including copyrights.
Des rk op grants the Client joint ownership of Design Workshop's Instruments of Service solely
for th poses of constructing, using and maintaining this project, provided that Client shall comply with
all obligations, including prompt payment of all sums when due, under this Agreement. The Client shall
be permitted to retain copies, including reproducible copies of drawings and specifications for information
and reference in connection with the Client's use and occupancy of the project.
Any unauthorized use of the Instruments of Service without Design Workshop's consent shall be at the
Client's sole risk and without liability to Design Workshop. The Client shall indemnify and hold harmless
Design Workshop, and Design Workshop's subconsultants from and against claims, damages, losses and
expenses, including, but not limited to payment of attorney's fees, arising out of unauthorized use of the
Instruments of Service that are part of this project documents subject to the limitations of the Colorado
Governmental Immunity Act.
Design Workshop shall not be responsible or liable for any direct, actual or consequential damages which
occur as the result of its inability to produce the Instruments of Service by reason of the casualty,
destruction or loss of documents that occurs through no fault of Design Workshop.
6. Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if
a job sign is erected, Design Workshop should be listed as the planner/landscape architect. In addition,
DESIGNWORKSHOP (Turn Page)
this Agreement represents non-exclusive approval by the Client for publication and award submissions of
the project by Design Workshop.
7. The parties agree not to solicit for employment any employee of the other with whom the parties have had
contact as a result of this Agreement, while the candidate is employed by the other party, and for twelve
(12) months following termination of such employment, unless specifically agreed to in writing.
8. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered,
this Agreement may be deemed terminated by the non-defaulting party. For purpose hereof, any failure
to pay sums due in accordance with Paragraph 1 shall be deemed default. Either party may terminate
this Agreement for convenience and without cause upon thirty (30) days written notice by either party. If
Client terminates this Agreement for convenience, DWI shall be compensated for Services performed
prior to termination, together with reimbursable expenses then due.
9. Design Workshop and Client waive consequential damages for claims, disputes, or other matters arising
out of or relating to the Agreement. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party's termination in accordance with Paragraph 8.
10. All notices and other communications that are required or permitted to be given to the parties un r this
Agreement shall be sufficient in all respects if given in writing and delivered in person, by ele ni ai
by telecopy, by overnight courier, or by certified mail, postage prepaid, return receipt re d, e
receiving party at the following address:
If to DWI: Design Workshop, Inc.
120 E. Main Street
Aspen, CO 81611
Attention: o Sig
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Fa it 9 .9 .1387
If to Client oN
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An- ntion: ~'~.~a;3► 1~f~.~, Cd"rHV A l DIEU 6tsENT
Telephone: 2
Facsimile: y . 5714M
o su erdress as such party may have given to the other by notice pursuant to this Section.
No S I tf emed given on the date of delivery, in the case of personal delivery, electronic mail, or
telec on the delivery or refusal date, as specified on the return receipt in the case of certified mail
or on tracking report in the case of overnight courier.
11. If any provision of this Agreement is for any reason held invalid or unenforceable, such provision shall be
deemed separate and shall not affect the validity of the remaining portions herein.
12. This Agreement shall be binding upon the parties, their partners, successors, assigns, and legal
representatives. DWI shall not assign this agreement without the consent of the Client.
13. This Agreement may be amended or modified only by written instrument executed by both parties.
13. This Agreement (together with the attached Exhibits including the Proposal submittal dated April 29,
2005, which are incorporated herein by this reference) constitutes the entire agreement between the
parties and supersedes prior understandings, written or oral. No waiver under this Agreement shall be
valid unless it is given in writing and duly executed by the party to be charged therewith.
DESIGNWORKSHOP 14
14. This Agreement shall be governed by the Laws of the State of Colorado. The parties agree that venue for
any dispute between them arising out of or relating to this Agreement shall be in the County of Eagle,
State of Colorado.
15. In construing this Agreement, (i) the singular includes the plural and vice versa, (ii) reference to any
document means such document as amended from time to time, (iii) "include" or "including" means
including without limiting the generality of any description preceding such term, (iv) the word "or" is not
exclusive, and (v) references to this Agreement or Sections or paragraphs of this Agreement refer to this
entire Agreement including all exhibits, schedules, and Addendum attached hereto, as the same may be
amended from time to time.
Other conditions
(insert additions and modifications to the Standard Contract Provisions.)
DESIGNWORKSHOP c71
EXHIBIT B
PHASE I: DATA COLLECTION AND PROJECT START UP (FEE: $35,315)
In order to begin the Town Center West and Main Street Public Improvements, we anticipate
comprehensive site survey, data collection and appropriate start up meetings with Town staff and the
project steering committee. This will allow the team to digest the value of previous written documents
and physical enhancements, as well as, future planning and design efforts and for the Town staff and
project steering committee to meet the consultant principal-in-charge and project manager.
Task 1.1 Project Management
Every phase will involve project management from both the principal-in-charge and the project
manager. Design Workshop strives to ensure quality assurance and quality control through clear
communication and dialogue with their clients. Direct communication with the client through
memorandums, phone calls and emails will be provided to the client throughout the entirety of the
project. A progress report will accompany all billing.
Task 1.2 Project Kickoff Meeting
The Design Workshop team will travel to Avon to meet with Town staff (ie. Engineering, Community
Development, etc.) and the project steering committee, as part of a Project Kickoff Meeting. As part
of the Project Kickoff Meeting, goals and objectives will be set with input from Town staff and project
steering committee. Design Workshop will work with the Town staff to organize the Kickoff Meeting.
Task 1.3 Inventory and Analysis
After completion of the Project Kickoff Meeting, we propose to walk the study area with Town staff to
further understand opportunities and constraints and to document the study area through an inventory
and analysis, so that existing built information will be referenced throughout the project. Inventory
and analysis is critical in understanding how existing conditions function, sun and shade pattern,
views, opportunities for redevelopment, circulation, connectivity, etc.
Task 1.4 Survey and Base Mapping
The Design Workshop team will prepare necessary topographic surveying and mapping necessary to
complete the proposed final design and construction drawings. All surveying will include, but not limited
to, existing buildings, utilities, easements, rights of way, topography (1' contours), property boundaries,
parking areas, roads, parks, railroad, etc.
Specifically, our proposed scope is to provide Certified Topographic Map of the area to conform to the
requirements of the Request for Proposals including the Right of Way for Benchmark Road, a portion
of Park Tract G, The Seasons at Avon Commercial Condo & Residential Condo, Lot 61-Block 2
Benchmark at Beaver Creek Subdivision, a portion of Lot 1 and Phase II of Avon Town Square
Comm. Condos and a portion of the Denver & Rio Grande Western Railroad Right of Way adjacent to
the previous parcels. The Topographic Map will include, but not be limited to, all located utilities,
terrain contours at 1' interval, site benchmark, property lines, buildings, building envelopes and other
associated property improvements. It is assumed that the Town of Avon will provide a current Title
Report, if deemed necessary.
The Design Workshop team will work directly with the Community Development Department to
develop appropriate base mapping (GIS Format) for all proposed charrettes/open houses/worksessions,
and to assist in the final design and construction documentation. Base mapping would include current
land use, zoning, overlays, easements, etc. The Design Workshop team will submit a final base map
and site survey for Town Staff approval so that the maps used in discussions are of the same base
information and accuracy.
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Task 1.5 Discovery and Data Collection '
The Design Workshop team will review and summarize all necessary data, reports and studies, as provided
by the Town of Avon and other key parties (Arts Association, Lodging Association, Chamber of
Commerce etc). This will allow our team to understand existing and future development patterns of the
study area, socio-economic trends, historic and cultural aspects, traffic and pedestrian circulation, existing
right-of-way and alleys, connectivity, parking standards, public transit, transportation studies, engineering
design standards, landscape and streetscape patterns, drainage impacts, development trends and other key
information relating to the study area. We will also review the Capital Improvement Plan to further
understand the value of this project as it relates to other Town investments.
A Data Collection Report will be completed highlighting the key elements of previous plans as they relate
to this project.
Task 1.6 Project Check In
The Design Workshop team will conduct a Project Check In with Council, Planning and Zoning, Staff
and the steering committee to discuss the next steps and to discuss areas of concern by all parties.
Specifically, we propose to discuss the Data Collection Report, Inventory and Analysis and Phase II.
Task 1.7 Project Web Site
As part of the overall scope, the Design Workshop team proposes to develop a project web site, where
the community and stakeholders can review up to date project information. A portion of the proposed
web site will also include an area for the community and stakeholders to provide additional comments
and suggestions. All information to be placed on the web site will be approved through the
Community Development Department prior to uploading. The web site will be updated as needed
based on the specific task being completed.
Phase I Deliverables:
Project Management
Project Kickoff Meeting
Site Inventory and Analysis
Site Survey and Base Mapping per the RFP
Discovery, Data Collection and Data Collection Report
Project Check In
Project Web Site
PHASE II: CREATING A SUPPORTED CONCEPT MASTER PLAN (FEE: $37,110)
Building on the information discovered in Phase One, the Design Workshop team will begin the
process of creating a town center and streetscape design for Main Street and Town Center West. Our
proposed process for the design will set the Town up for a positive outcome such as:
• A comprehensive product that analyzes the economic, social, and physical factors of the
project to this community;
• Public support and buy-in;
• A framework for the public process needed in grant funding, and;
• A conceptual plan which will include preliminary financing alternatives.
Task 2.1 Community Partnership Charrette (CPC)
Design Workshop realizes that a successful town center and streetscape plan involves the partnership with
the community, property owners, businesses, Town of Avon, and other appropriate governmental services
and utility companies. We have developed a process that has successful outcomes and deliverables while
gaining valuable input and consensus among the public and stakeholder interest groups.
7
Rather than reviewing concepts developed by a consultant team at one or several large public meetings that
can be easily dominated by one individual or faction, or conducting a conventional design process that
offers inadequate opportunity for public input, the Community Partnership Charrette, allows for public and
stakeholder groups to be involved over a proposed five day process. Stakeholder meetings will occur with
each interest group (ie. Businesses, art community, property owners, general public etc.) so that meetings
can be constructive and held in a non-confrontational atmosphere.
Over the first four days of the charrette ideas will develop that offer balance between the needs of all
interest groups and build consensus. Design concepts will be tested against other proposed options for
consistency with the "Layers of a Successful Town Center and Streetscape" approach of this proposal.
For instance, we will test design concepts to evaluate if they will create advantages or disadvantages
for economic development. All design and planning concepts will be communicated through plans,
sections, details, sketches, elevations, etc. The design and planning concepts will include:
• Landscape/streetscape/pedestrian areas;
• Signage and wayfinding;
• Parking structure;
• Transportation center;
• Street configuration
• Redevelopment concepts;
r Funding implementation strategies; and
• Connectivity to adjacent uses (ie. Nottingham Park, recreation center, and the confluence
site).
All Town staff, Council, Planning and Zoning, steering committee, Stakeholder and Public meetings
for the Community Partnership Charrette process will be coordinated with the Town staff.
A report summarizing the findings of Task 2.1 and 2.2 will be completed within this phase. Our team
of facilitators, landscape architects, planners, architects, economists, transportation planners, urban
designers, environmental graphic designers (wayfinding and signage), and engineers will be present or
available during the charrette process for quality assurance purposes to protect the "Layers of a
Successful Town Center and Streetscape" approach.
Task 2.2 Community Presentation and Open House - D W
At the end of the four day charrette process, the Design Workshop team proposes to present the findings
of all facilitation process meetings, the inventory and analysis, and the town center and streetscape
alternative concept plans and concepts sketches to the community of Avon through an open house
format.
The open house concept will allow key stakeholders and citizens to have a variety of options of
elements of the plan that they would like to review. Design Workshop will have project staff
representing the different preliminary components mentioned above, while taking additional comment
and explaining different concepts. This allows the community one more chance to bring forth
comments and ideas before we begin to add value to the preliminary concepts developed in this Phase.
Task 2.3 Project Check In
The Design Workshop team will conduct a Project Check In with Council, Planning and Zoning, Staff
and the steering committee to discuss the information gathered, lessons learned and design concepts
developed during this phase.
Task 2.4 Project Web Site Update
n
The Design Workshop team will update the project web site to include the information gathered and
design concept drawings prepared during the charrette process. The drawings will be clearly labeled
and allow for the stakeholders and the community to identify a preferred alternative and to provide an
opportunity for comments. All information to be placed on the web site will be approved through the
Community Development Department prior to uploading.
Phase II Deliverables:
Project Management
Community Partnership Charrette (4 day process)
Community Presentation and Open House .
Community Partnership Charrette Report
Project Check In
Project Web Site Update
PHASE III: ADDING VALUE (FEE: $53,100)
At the conclusion of Task Two, the Design Workshop team will have a clear understanding of the
issues, concerns and needs of the study area. Our conceptual town center and streetscape plans will help
support this notion along with the extensive comment that we will have received from citizens, key
interest groups, project steering committee, Town Staff and Town Representatives. All of this will
become the foundation for "adding value", which is the goal of Task Three.
Task 3.1 Selecting the Preferred Alternative
The Design Workshop team will meet with Council, Planning and Zoning, Staff and the steering
committee to select a preferred alternative based on the concept plans prepared during the charrette.
Community and key stakeholder comments from the charrette, open house and web site will be
provided at this meeting.
Task 3.2 Refining the Preferred Alternative
The Design Workshop team will further begin refining the preferred alternative selected in the
previous task. We will develop a refined, but preliminary, integrated plan for all components of the
Town Center West and Main Street Public Improvements plan, including:
• Street configuration integrated with the transportation center;
• Proposed railroad crossings and parking structure;
• Streetscape, landscape and pedestrian areas;
• Connectivity and circulation;
• Signage and wayfinding;
• Necessary cross plans, sections, elevations and perspectives;
• Concept materials and details; and
• Financing implementation alternatives.
Task 3.2 Project Check In / Financing Alternatives Report
Understanding that this is a public funded project, the Design Workshop team proposes to have a work
session with Council, Planning and Zoning, Staff and the steering committee to present the refined
preferred alternative and discuss financing and phasing opportunities. Design Workshop will also
present financing alternatives at this session.
"k
Task 3.3 Schematic Cost Estimating and Phasing Plan
Based on conversations of Task 3.2 the Design Workshop team will work directly with the Town
Project Manager and Engineering Staff to develop a schematic design level cost estimate and phasing
plan based on financing measures. This will allow the Town and the Design Workshop team to
understand and comprehend early value engineering measures that may be necessary to meet the
Town's budget.
Task 3.4 Grant Application
Design Workshop brings extensive experience in alternative funding and grant writing to this project.
As part of Phase Three, the Design Workshop Team will prepare and submit a grant application to be
determined at the onset of Phase III. Early discussions have included writing a TEA-21 (In progress of
being called SAFETEA) grant application to assist in the funding of engineering and construction
costs. This project falls under one category of the Federal TEA-21 Grant Application including, Street
landscape and beautification. Assistance will be required by the Town in order to compile
appropriate information such as Town history, budgets, maintenance programs, etc. In the event that if
it not necessary to pursue a grant application, Design Workshop will transfer the hours allocated for
Task 3.4 into more design and planning time.
Task 3.5 Project Web Site Update
The Design Workshop team will update the project web site to include updated drawings and
additional comment/meeting minutes. The drawings will be clearly labeled to allow for necessary
comment. All information to be placed on the web site will be approved through the Community
Development Department prior to uploading.
Phase III Deliverables:
Project Management
Selecting the Preferred Alternative
Refining the Preferred Alternative (Detailed Master Plan Level) Reference RFP
"Conceptual Drawings"
Project Check In / Financing Alternatives
Schematic Cost Estimate and Phasing Plan
TEA-21 Grant Application
Project Web Site Update
PHASE IV: DETAILED DESIGN (FEE TO BE DETERMINED AFTER PHASE III)
Phase Four will involve the development of preliminary plans for individual components of the Town
Center West and Main Street Public Improvements Plan. Plans will be fully dimensioned both
horizontally and vertically and details for visual critical elements shall be clearly defined. Cost
estimates will also be included for individual components and the fully integrated completed project.
Based on our pre-proposal meeting with the Community Development Department on March 23, 2005,
the Design Workshop team understands that individual components could be either detailed out to
schematic design or design development levels based on budgets and priority in the phased
implementation.
Unlike other phases, our proposal does not outline a fee for Phase Four. The consultant fee for this
phase should be negotiated at the time of the approved Town Center West and Main Street Public
improvements plan for numerous reasons including:
• A town center and streetscape master plan has not been completed;
• New alternatives for financing the project may come to fruition based on our proposed scope;
• Identification of the overall construction phasing is undecided; and
lip
• The detailed scope breakdown for schematic design and design development is undecided until
the plan is complete.
Task 4.1 Project Coordination Meetings
Design Workshop will organize and manage numerous project meetings with the Town of Avon and
consultant team. The number of project meetings will be decided at the time of the detailed scope for
this phase.
Task 4.2 Schematic Design
Upon approval by the Town of Avon of the Town Center West and Main Street Public Improvements plan
in Phase III, the Design Workshop team will develop an agreed number of Schematic Design drawings.
The general objective for this phase of the work is to be resolving the plan and to begin developing a
refined level of character and understanding of the components of the town center and streetscape
improvements. The level of technical information for all Schematic Design drawings will be for in depth
review and understanding of material and basic cross sections.
All Schematic Design drawings shall be completed in coordination with other designated project
consultants, including the architect, transportation engineer, mechanical engineer, electrical engineer, and
Town staff.
Task 4.3 Design Development
Upon approval by the Town of Avon of the Schematic Design drawings, the Design Workshop team will
develop an agreed number of Design Development drawings. The general objective for this phase of the
work is to fully develop the design character and necessary details, cross sections, plan and elevations. The
level of technical information for all Design Development drawings will be for in depth review and cost
estimating purposes only and will not provide the additional specific level of information for construction
documentation and bidding.
All drawings shall be completed in coordination with other designated project consultants, including the
architect, transportation engineer, mechanical engineer, electrical engineer, and Town staff.
Task 4.4 Estimate of Probable Costs
The Design Workshop team will lead the cost estimating efforts, with support from the Town staff. This
cost estimate will derive from the Design Development drawings and will provide the Town will necessary
information to specifically address construction phasing.
Task 4.5 Project Web Site Update
The Design Workshop team will update the project web site to include updated drawings, comments
and meeting minutes. All information to be placed on the web site will be approved through the
Community Development Department prior to uploading.
Phase IV Deliverables:
Project Management
Project Meetings
Schematic Design
Design Development
Estimate of Probable Costs
Project Web Site Update