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02-06-2006 DESIGN WORKSHOP AVON TOWN CENTER WEST FINANCIAL ANALYSIS ADD SERVICE PROPOSAL0 PROJECT MANAGEMENT AND TEAM COORDINATION Steven Spears of Design Workshop will coordinate the plans and specifications together from all other disciplines for all submittals. Design Workshop will provide overall project management and will be the direct contact for all consultants on the team and for the Town of Avon. Plans and other input will be coordinated with Otak (architecture), JKA (structural and civil engineering), BGCE (mechanical electrical plumbing) and LSC (traffic and transportation). Design Workshop will also provide landscape architecture and wayfinding/signage design. SCHEDULE The Design Workshop team is sensitive to project scheduling needs, particularly in the current climate of construction fund competitiveness with the level of work being implemented in the Eagle River Valley. Our team is able to meet the agreed schedule, which is listed below: Design Development (60'% Design Submittal): January 24, 2006 through March 14, 2006 Construction Documentation and Specifications (95% Design Submittal): March 14, 2006 through April 25, 2006 Full Bid Documents (100% Design Submittal): April 25, 2006 though May 11, 2006 THE DESIGN PROCESS The following scope identifies the primary responsibility of the design team at each phase in order to ensure that the Avon Transit Center enters into construction in the Summer of 2006. The scope of service is based on the schematic design alternatives presented to Council in January 2006 and additional comments that the design team have received from Council and Staff during the Schematic Design process. Task One: Design Development (60% Design Submittal) Design development includes drawings, plans, sections, details special provisions, and supplemental technical specifications for the Avon Transit Center. During this process, the design team will coordinate efforts internally and with the Town Staff and Avon/Eco Transit. It will also include a narrative discussion on the course of the design work including documentation on decisions made, decisions needed on outstanding issues, and recommendations to resolve those issues. ESAL calculations will also be determined. Drawings will have incorporated review comments where applicable. The design development package will include: Demolition Plan Materials Plans Grading Plans Drainage Plans ❑ Planting Plans Irrigation Plans --i Wayfinding and Signage Plan ❑ Lighting Plans ❑ MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet) Utility Plans Erosion Control Plans 0 Architectural Plans 7 Architectural Elevations/Cross Sections Structural Plans (framing plan, foundation plan, etc) Bus Pavement Design Details and Cross Sections Notes and Specifications Design development drawings will not provide the technical level of information for construction. The drawings should be used only for coordination, resolving outstanding issues and preliminary pricing. Task Two: Construction Documents and Specifications (95% Submittal) Construction Documents and Specifications include all drawings, special provisions, technical specifications, and updated cost estimate. Only items of minor significance will remain to be completed. All submittal documents will have incorporated or resolved 60 percent and other informal review comments. Proposed bid items and quantities will be submitted along with the final estimate, formatted to agree with the bid items. Construction Documentation and Specifications include: ❑ Demolition Plan ❑ Materials Plans ❑ Grading Plans ❑ Drainage Plans Planting Plans Irrigation Plans ❑ Wayfinding and Signage Plan ❑ Lighting Plans - MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet) ❑ Utility Plans Erosion Control Plans ❑ Architectural Plans ❑ Architectural Elevations/Cross Sections ❑ Structural Plans (framing plan, foundation plan, etc) ❑ Bus Pavement Design ❑ Details and Cross Sections ❑ Construction Specifications Estimate of Probable Costs Task Three: Full Bid Documents and Specifications (100% Submittal) This submittal will include the original and electronic file version of all of the contract documents, including the bid item list and the final engineer's cost estimate, ready for bidding the work. Submittal items will be stamped and sealed as appropriate. Drawing check prints, along with sealed original calculations, and cost estimating backup information shall also be provided. Task Four: Bidding and Negotiation The Design Workshop team will assist the Town of Avon with bid support services necessary to bid and award the construction contract. These services will include responding to bidder's questions and updating drawings and specifications during the bid phase. Other services will include: = review of the bid documents attend one pre-bid conference provide design clarifications provide addenda to the bid documents as may be required Task Five: Construction Observation The Design Workshop team will assist Town of Avon staff and construction administration with design services during construction as additional services. The scope necessary to complete constriction observation should be split between the design team and the Town in order to save costs. The scope associated with this task includes: Review of submittals including shop drawings Provide design clarification and decisions as required and requested by Town of Avon for response to the construction contractor (response to RFI's) C Attend periodic construction office progress meetings when requested by Town of Avon ❑ Provide construction observation services ❑ Assisting in final punchlist The five items listed above are included in this proposal. Hours for each discipline include: C Landscape architecture/project management: 65 hours Civil engineering: 24 hours Structural engineering: 12 hours Graphic design: 8 hours -J Architecture: 12 hours ❑ MEP: 8 hours Should services beyond the hours listed be necessary and authorized by the Town of Avon, they will be billed on a time/materials basis per the schedule below: Principal: $2004220 p/hr Project Manager: $90-$110 p/hr Project Landscape Architect: $75-$90 p/hr Project Assistant: $65475 p/hr Assumptions There will be only one contract bid package with alternate. The Town of Avon will provide construction management and inspection services. As-built drawings will be prepared by others (either Town of Avon, or the contractor). AVON TRANSIT CENTER PROPOSAL DESIGN ASSUMPTIONS Below is the list of assumptions that have been made in preparing the scope of service and fee proposal. The assumptions are based on the Schematic Design Plan presented to Council in January 2006. Please review and provide comment should the list be added to or reduced. Transit Shelter Transit shelter architecture design ❑ Possible mechanical area (for solar panel batteries) ❑ Structural engineering ❑ Mechanical, electrical, and plumbing engineering ❑ Interior lighting ❑ Local and regional bus route map and information ❑ Photo voltaic on roof Transit Bus Bays, Plaza and Garden Bus stop pads (Properly engineered) Pedestrian plaza design Guardrails Bus wayfinding and signage Bus Shelters C Site amenities such as benches, bollards, planters, trash receptacle, ski/bike racks Site lighting ❑ Street trees C, Garden design ❑ Irrigation design Wet and dry utilities - Crosswalks and sidewalks Snowmelt system ❑ Temporary connection to Main Street ❑ Coordination with railroad crossing consultant ❑ Wiring for Real Time Information Anticipating wireless internet services ❑ All snowmelt design will be a bid alternate Benchmark Road Realignment of Benchmark Road ❑ Repairing of asphalt (damage from construction) Bus stop pads Pedestrian waiting areas ❑ Site lighting ❑ Bus wayfinding and signage ❑ Site amenities such as benches, bollards, trash receptacles ❑ Street trees ❑ Storm sewer drainage ❑ Crosswalks and sidewalks ❑ Bulb outs All Snowmelt design will be a bid alternate AVON TRANSIT CENTER PROPOSAL EXCLUSIONS Below is the list of exclusions that have been made in preparing the scope of service and fee proposal. Please review and provide comment should the list be added to or reduced. ❑ Items not identified in Assumptions ❑ Geotechnical report ❑ Entitlements and legal work ❑ Approvals or zone/code changes ❑ Environmental approvals/investigation ❑ Public review process beyond council meetings which will occur at the completion of each phase (per schedule) Coordination and preparation of agreements to alter private property (ie. construction easements) AVON TRANSIT CENTER PROPOSED FEE BREAKDOWN Based on the scope of service provided above, the breakdown in fee includes: Design Development (60%): $38,205 Construction Documents (95% and 100%) $40,088 Bidding and Negotiation: $4,151 Construction Observation: $16,678 TOTAL: $99,122 AVON TRANSIT CENTER PROPOSED FEE The Design Workshop team fee for the proposed scope of service is $99,122. By signing this letter you are authorizing Design Workshop, Inc. to commence services for the fee and scope written above. This fee does not include reimbursable expenses such as telephone calls, travel, meals and lodging. Reimbursable fees will be billed at cost + 15% on top of this proposed fee. The contract provisions provided shall be binding to the services in this proposal. Reimbursable are estimate at $6800, and this amount will not be exceeded without prior Town of Avon approval. Don Ensign, FASLA Principal In Charge APP VED Y CLIENT: a By ~ Date: Title: Attachment A Contract Provisions All fees, commissions, and expenses billed shall be due within thirty (30) days of the date of billing. Interest on unpaid or late bills shall accrue at 1 3/4 percent interest per month (21.0% A.P.R.). 1 the event of non-payment, such unpaid .nts shall c institute and become lien upon the property for, :`hi, professional services a being performed or completed. Design Workshop may, its discretion, art its right to file and foreclose upon such Hen ^t° not objected to in ndditi^ to pursuing any other remedies permitted by la... Client agree,. ....that all statem°„ , writing g , `,.vthin thirty ....'(30) days of , f receipt . ,.o,., ed to be fin-a! and binding upon the parties as to s to the --mount,. due, the , -agreed to „n , . adequacy „ of Design Worksh^pas performance, and the nl, of the s pro ,;dad 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. cent forever releases, dic.,,,nhn oy a and holds Design Workshop harmless from any and -ill liabilif arising out of rr n Work-shop's `Vr,^l..Of. y 3^y aplicatiwonsr, drawings, submittals or other project doc;.m., tints . Client shall-fully r,,,,.. ode nif defend and hold ho,,,,,,,,,, m!es Design n Workshop against any and ell nln,,,w for s for liobiRy asserted by any project y,, „ participant for any action taken by Design Workshop under this paragraph. 3. If the project is suspended or abandoned, in whole or in part, for a period of ninety (90) days or more, or upon instruction by Client to Design Workshop to suspend activity on the project, Design Workshop shall be compensated for all services performed together with all reimbursable expenses due and the Agreement shall be deemed terminated. If the project is resumed after such suspension, the Agreement between Client and Design Workshop shall be renegotiated prior to resumption of services by Design Workshop. Such renegotiation shall include a fee for remobilization costs incurred by Design Workshop. In the event that this Agreement is terminated due to the suspension or abandonment of the project, Client shall make full payment to DW for all compensation due hereunder within 30 days of receipt of a final invoice from DW. For purposes of this Agreement, the term "suspension" or "abandonment" shall mean substantial discontinuance of labor, services, and expenses for a ninety (90) day period or written instruction by Client to suspend substantially all project activities. 4. Design Workshop reserves the right to raise hourly rates at its own discretion during the course of this project. Any such increases, however, will not result in an increase in the total fees identified in this proposal unless specific services are being provided on a time and materials basis. 5. Drawings and specifications, including those in electronic form, prepared by Design Workshop are the Instruments of Service for use solely with respect to this project. Design Workshop shall be deemed the author and owner of their Instruments of Service and shall retain all common law, statutory, and other rights, including copyrights. Design Workshop grants the Client a nonexclusive license to reproduce Design Workshop's Instruments of Service solely for the purposes 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. The Client shall be permitted to authorize its contractors, subcontractors and material suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in the execution of this project. The drawings and specifications shall not be used by the Client on another project , except by agreement in writing between Design Workshop and Client. 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 subconsuitants 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. 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. 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, this Agreement represents non-exclusive approval by the Client for publication and award submissions of the project by Design Workshop. DESIGNWORKSHOP (Turn Page) 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, DW 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 in question 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 under this Agreement shall be sufficient in all respects if given in writing and delivered in person, by electronic mail, by telecopy, by overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at the following address: If to DW: Design Workshop, Inc. Attention: Telephone: Facsimile: If to Client Attention: Telephone: Facsimile: or to such other address as such party may have given to the other by notice pursuant to this Section. Notice shall be deemed given on the date of delivery, in the case of personal delivery, electronic mail, or telecopy, or on the delivery or refusal date, as specified on the return receipt in the case of certified mail or on the 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. Client shall not assign this Agreement without the consent of DW. 13. This Agreement may be amended or modified only by written instrument executed by both parties. 13. This Agreement (together with the attached Exhibits, 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. 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 City and County of Denver, 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 EXHIBIT A February 7, 2006 Mr. Tambi Katieb, AICP 400 Benchmark Road Box 975 Avon, CO 81620 Re: Town of Avon Transit Center Design Dear Tambi: Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal for the Town of Avon Town Center West Financial Analysis project. The Town of Avon is in the process of planning a redevelopment of Town Center West that is intended to transform the area into a vibrant, pedestrian-oriented, mixed-use civic center. The pedestrian-oriented Main Street and transit center design has been advanced, infill parcels identified, a conceptual cost estimate has been prepared, and a viable retail focus and desired use mix has been established. The intent of this phase of work is to assess the financial feasibility of the development with respect to both private sector development potential and public sector revenue streams. The urban form and design of the applicable infill sites will be refined during this project in order to determine the optimal mass and scale of these projects at a level of detail sufficient to produce a complete infill building program for the financial analysis. The attached proposal details the scope of work for the financial feasibility analysis. Tasks include data collection with Town of Avon staff, cross sections and urban form studies, private sector infill feasibility investigation, public revenue streams analysis, the production of a summary report and a presentation to Town Council. Thank you again for the opportunity to submit this proposal. Should you have any questions please do not hesitate to contact Chris Kiley or myself at 970-925-8354. We look forward to hearing from you. Sincerely, DESIGN WORKSHOP, INC 7alul.".11 Rebecca Zimmermann Principal-In-Charge Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) PROJECT DESCRIPTION Financial analysis for private sector and public sector development feasibility for the Town Center West redevelopment project in Avon, Colorado. PURPOSE The Town of Avon is in the process of planning a redevelopment of Town Center West that is intended to transform the area into a vibrant, pedestrian-oriented, mixed-use civic center. The pedestrian-oriented Main Street and transit center design has been advanced, infill parcels identified, a conceptual cost estimate has been prepared, and a viable retail focus and desired use mix has been established. The intent of this phase of work is to assess the financial feasibility of the development with respect to both private sector development potential and public sector revenue streams. The urban form and design of the applicable infill sites will be refined during this project in order to determine the optimal mass and scale of these projects at a level of detail sufficient to produce a complete infill building program for the financial analysis. SCOPE OF SERVICES The scope of work tasks and associated deliverables to be performed by Design Workshop in connection with this proposal is as follows: Task One: Data Collection The intent of Task One is to collect and review the necessary data to conduct the financial analysis and to review the objectives for the project with the Town. Data required from the Town is identified in the Conditions and Exclusions section of this proposal and includes retail sales volume information, assessor's records for the subject parcels, relevant land transaction information, and tax rate information. The basis for public cost assumptions will come from the conceptual cost estimate prepared by Design Workshop for the public improvements component of Town Center West. This cost estimate will be prepared as a separate task. Research will be conducted by Design Workshop to establish base assumptions for land values, construction costs, 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 (i.e. Confluence), and discussions with real estate developers and contractors. DESIGNWORKSHOP Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) A half-day worksession will be conducted with Town of Avon staff to review and develop base assumptions, develop a phasing schedule, and to review desired project objectives. Items to be discussed include size of buildings (specifically with respect to amount of residential programmed for each parcel), phasing of infill parcels, and public improvements schedule. Project deliverable: findings from this task to be incorporated into subsequent tasks. Task Two: Cross Sections and Urban Form The intent of Task Two is to develop a series of cross sections to advance the understanding of the optimal build out form of the infill parcels by analyzing the following elements: • Building to street relationships • Development program • Solar/shade analysis • Protection/ enhancing applicable view corridors This analysis will be performed using AutoCAD and Sketch Up to create a 3-D model in which we can provide shade analysis for any day of the year. This will help us understand from an urban design perspective how tall buildings need to be and where specifically we can add or should remove height in order to maintain a pedestrian- friendly environment along main street. Results from the analysis will be used to establish the upper floor development program for each of the infill parcels in order to provide appropriate information for the financial analysis. Project deliverable: 3-13 model of the Town Center West study area. Cross sections of applicable buildings of Town Center West. Task Three: Private Sector Infill Feasibility Analysis The intent of Task Three is to assess the development feasibility of the private sector development parcels identified in the Town Center West conceptual master plan. This task is important because it will determine whether the plan is viable enough to attract redevelopment interest from private landowners and developers, and whether there is enough projected profitability to allow the Town to exact development mitigation fees from these infill parcels in order to help offset the costs of the public improvements. Pro formas will be developed for each infill parcel using the program information, phasing, development costs and revenue projections identified in Task One. The pro formas will indicate the private sector development feasibility of each infill parcel by identifying an order of magnitude project return and assessment of profitability. This information will be useful to the Town when identifying potential mitigation approaches. DESIGNWORKSHOP 2 6 Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) Pro formas will be developed for the following seven infill parcels as identified on the conceptual plan developed during the July, 2005 Town Center West design charrette: 1. Lot 61 2. The Seasons 3. Avon Center (vacant parcels) 4. Sheraton (vacant parcels) 5. Parking Structure 6. New Town Hall site 7. Redeveloped Town Hall site Project deliverable: a pro forma will be developed for each of the seven parcels using Microsoft Excel. Task Four: Public Revenue Streams Task Four will model the public sector revenue streams that the Town of Avon can expect to derive from the project. Public sector revenue streams include sales tax revenues, property tax revenues (recurring), parking in lieu fees, Real Estate Transfer Assessment proceeds and lodging tax revenues. Design Workshop will work with Stan Bernstein to develop this information. A check-in will occur with either the Community Development Committee or the Town Council (per Client direction) to review the results of Tasks Two through Four and prior to preparation of the summary report. Project deliverable: a public sector revenue stream model will be developed using Microsoft Excel. Task Five: Summary Report A summary report will be prepared that explains the assumptions, methodology and conclusions of the financial analysis. Detailed recommendations will be made regarding the financial feasibility of the program from the private sector and public sector perspectives, and program changes, if any, required to make the program financially feasible will be provided. Next steps for the Town Center West project will be identified. Project deliverable: 15 copies (8 ''/2"x 11 of the final report including accompanying spreadsheets and Adobe Acrobat pdf. DESIGNWORKSHOP 3 Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) Task Six: Final Presentation Design Workshop will make a presentation of the findings of the financial analysis to Town Council. The final report will be delivered following the presentation. CONDITIONS AND EXCLUSIONS Client shall provide the following information or services as required for performance of the work. DW assumes no responsibility for the accuracy of such information or services, and shall not be liable for errors or omissions therein. Should DW be required to provide services in obtaining or coordinating compilation of this information, such services shall be billed as Additional Services. In order 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). 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). PROJECT TEAM Design Workshop typically organizes projects in a team format with key responsibilities divided between the Principal-in-Charge and Project Manager. The key team members for this project are listed below: Principal-in-Charge - Rebecca Zimmermann Rebecca will serve as Principal-in-Charge for the Town Center West Financial Analysis project and will have primary responsibility for the overall content and quality of the work prepared by Design Workshop. Project Manager - Chris Kiley Chris will serve as the Project Manager for the Town Center West Financial Analysis project. Chris will be the primary Client contact. His responsibilities will include the coordination of Design Workshop's in-house strategic services team as well as regular DESIGNWORKSHOP 4 A Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) communication and coordination with the client. Chris will participate in the staff work sessions and will be in attendance for all meetings and public hearings. SCHEDULE Design Workshop is prepared to begin work immediately upon receipt of a retainer and a signed copy of this proposal from an authorized owner's representative. An eight-week completion schedule is anticipated. FEES AND EXPENSES The fees for the scope of services described above are as follows: Task One: Data Collection $ 8,500 Task Two: Cross Sections and Urban Form $ 4,000 Task Three: Private Feasibility Analysis $ 15,000 Task Four: Public Revenue Streams $ 7,500 Task Five: Summary Report $ 8,500 Task Six: Final Presentation $ 3,500 Total Professional Fees $ 47,000 Reimbursable Expenses Reimbursable Expenses are in addition to compensation for Basic Services. Reimbursable expenses incurred by Design Workshop and consultants directly related to the project such as, but not limited to, photography, telephone charges, video conference charges, and printing expenses shall be billed at Design Workshop's cost plus 15 (fifteen) percent. Reimbursable expenses for this project are budgeted at 10 (ten) percent total professional fees, or $4,300, and will not be exceeded without written permission of the Client. 2. Additional Services 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 to) redesign of previously approved work, major revisions to program and/or expansion of scope of work. Whenever practical, changes, additions, or modifications to the scope of work 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. DESIGNWORKSHOP 5 10 Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) Additional meetings and presentations related to this scope of work will be conducted on a time and materials basis upon receiving written authorization from the Client. PAYMENT TERMS 1. This is an Additional Service to the existing Avon Town Center West and Main Street Public Improvements contract (between Design Workshop and the Town of Avon, Colorado) and will be billed monthly. This agreement is structured as a time and materials contract not to exceed $43,000 without written authorization from the Client. 2. Invoices will be mailed from Design Workshop's office by the 10th of each month. Invoices are payable within 30 days of the date of billing. Invoicing shall be specific to each major task and will describe the completed portion of the work. DESIGNWORKSHOP 6 O1 Proposal for Town Center West Financial Analysis Avon, CO January 18, 2006 (revised February 6, 2006) ACCEPTANCE 1. This Agreement is entered into between Design Workshop, Inc. and the Town of Avon, owner or reputed owner of the property to be benefited by Design Workshop's services. 2. If this contract meets with your approval, please sign below and return one (1) copy for our file. If this agreement is not accepted within two (2) months from the date of receipt, the offer to perform the described services may be withdrawn and Design Workshop may renegotiate this proposal. DESIGN WORKSHOP, INC. er 7aL,":z~-~ Title: Principal APPROVED BY CLIENT: By: 42U , A Title: Date: January 30, 2006 Date: a I i LI 16L DESIGNWORKSHOP 7 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direc r Date: February 8, 2006 Re: Design Workshop Proposal for financial Analysis Summary/: Design Workshop has submitted the attached proposal for the Town of Avon Financial Analysis for the Avon Town Center West project. The Proposal is based on the Scope of Work discussed with Council at your last meeting, after reviewing the results of the market investigation and discussing the logical next steps. Final work on the schematic design plans will also be resumed so that we understand the estimate and magnitude of costs for each portion of this project in concert with the financial analysis. The scope of this proposal includes six specific tasks and a presentation to Town Council of the summary report. The entire scope is projected to take eight weeks in length from receipt of the signed contract. The proposed fee for these services is $47,000.00 plus reimbursable expenses such as telephone calls, meals, lodging and travel at actual cost plus 15% (capped at 10% of total project cost). These costs are broken down on page 6 of the proposal as: Task 1: Data Collection $ 8,500.00 Task 2: Cross Sections and Urban Form $ 4,000.00 Task 3: Private Feasibility Analysis $ 15,000.00 Task 4: Public Revenue Streams $ 7,500.00 Task 5: Summary Report $ 8,500.00 Task 6: Final Presentation $ 3,500.00 Total Cost for Services Proposed $ 47,000.00 We recommend approval of the Design Workshop, Inc. Proposal dated February 7, 2006, for the Avon Town Center West Financial Analysis in an amount not to exceed $47,000.00 plus FACouncil\tEMOS\2006\Design Workshop Financiatanatysis02t406.Doc reimbursable expenses. Final work on the schematic plans (including cost estimates) will be coordinated with this study and presented to Council at the conclusion of the project. Financial Implications: The proposed design fee is within the current project 2006 budget. Recommendation: Approve the Design Workshop, Inc. dated February 7, 2006, for the Avon Town Center West Financial Analysis in an amount not to exceed $47,000.00 plus reimbursable expenses. At the conclusion of this study, the Town will have an understanding of the potential revenue streams from development and redevelopment for both the private and public sectors, the schematic cost estimates of the physical plan for development, and the market demand and optimal market configuration. At that time, we will be better informed to discuss project phasing and implementation strategies for the project. Alternatives: Table action on the Design Workshop, Inc. Proposal pending clarification of the proposal. Proposed Motion: I move to approve the Design Workshop, Inc. Proposal dated February 7, 2006, for the Avon Town Center West Financial Analysis in an amount not to exceed $47,000.00 plus reimbursable expenses. Town Manager Comments: i 9~~ w v Attachments: Exhibit A: Design Workshop, Inc. Proposal Avon Town Center West Financial Analysis Project. Exhibit B: Bound copy of the Avon Town Center West market Investigation FACounci1\NEMOS\2006\Design Workshop FinancialAnalysis 021406.doc r