08-16-2006 DESIGN WORKSHOP CONCEPT MASTER PLAN FOR EAST AVON DESIGN CHARETTE~5!1-ik Zot4%,f
August 16, 2006
Tambi Katieb
Community Development
Town of Avon
400 Benchmark Road
Box 975
Avon, CO 81620
Additional Services for: Avon Town Center East
Add Service Number: 1
Dear Tambi:
This letter is a request for approval to complete Additional Services associated with the
East Town Center Charrette. Based on our conversations on August 15, we understand
that the following services will be required.
PHASE III: CONTINUED CREATION OF CONCEPT MASTER PLAN
Building on the information discovered in the current contract, the Design Workshop
team will continue the process of creating a vision and conceptual master plan for East
Town Center. This phase will include a market investigation and conceptual physical
plan for the East Town Center.
Task 3.1 Project Check In
The Design Workshop team will conduct a Project Check In with Town Council,
Planning Commission, Staff, and the community development committee to discuss the
methodology of the market investigation and the process for the upcoming charrette.
Task 3.2 Market Investigation
Design Workshop will draw upon their work on the West Town Center to interpret the
analysis in terms of the East Town Center. The Town Center West Market
Investigation will form the point of departure for understanding the conditions
affecting East Town Center. The Market Investigation for East Town Center will
include updating and supplementing the data previously collected for the Town Center
West project. Analysis and recommendations specific to the East Town Center will be
generated. Specific recommendations to be made will include the optimal critical
mass, the amount of supportable retail, types of tenants and overall desired mix of uses
(retail, commercial, residential and civic). Integration with the existing uses in East
C:\Documents and Settings\tkatieb\Local Settinaffemporary Internet Files\OLK2\060816 - add service
aareement.doc
Town Center and with the planned Town Center West project will be a primary
consideration in formulating recommendations.
Specific tasks to be conducted for the Market Investigation include:
I. Demographic Analysis - supplementation of demographic analysis prepared
for Town Center West as necessary.
2. Existing Retail Conditions - analysis of the existing retail mix in East Town
Center, as well as understanding of planned projects. Elements to be
analyzed include tenant types, store sizes, circulation and parking, user
characteristics, lease rates and vacancy rates.
3. Competitive Analysis - the competitive analysis prepared for the Town
Center West Market Investigation will prove directly applicable to the East
Town Center project, and their significance relative to this project will be
analyzed. Town Center West will be added as a competitive area, and the
interrelationships between these two districts will be analyzed in order to
better understand competitive advantages and disadvantages and to identify
synergistic opportunities between the two.
4. Comparable Analysis - three comparable retail areas will be research based
on the findings of the demographic analysis, existing retail conditions and
competitive analysis. Identification of these areas will be determined with
input from Town staff based on Design Workshop recommendations.
5. Supportable Retail Demand Analysis - an analysis of the amount of
supportable retail will be conducted. This analysis will utilize the same
methodology used for the Town Center West Market Investigation but will
be tailored to the specific conditions of East Town Center.
6. Retail Focus - research will be conducted into retail focus alternatives for
East Town Center that will help to best establish a competitive advantage
relative to the other retail districts in Town and in the region. The
recommended retail focus will be expanded to include recommendations
with regard to tenant types, store sizes, amenities, programming and optimal
critical mass.
7. Use Mix - recommendations will be made with respect to other uses for
East Town Center based on the retail analysis. Residential, commercial
(non-retail specific), civic and open space uses will be quantified based on
physical and market conditions.
Task 3.3 Project Check In
The Design Workshop team will conduct a Project Check In with Town Council,
Planning Commission, Staff and the community development committee to discuss the
information gathered, lessons learned and outcomes of the market investigation during
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this phase. In addition, the Town Council, Planning Commission and the community
development committee will be required 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. Findings from the Market Investigation will be incorporated into the
selection process for the preferred alternative.
Task 3.4 Refining the Preferred Alternative
The Design Workshop team will further refine the preferred alternative selected in the
previous task. We will develop a refined, but schematic, integrated plan for all
components of the East Town Center Plan, including:
• A strong market focus;
• Integrated and balanced multi-model system (pedestrian, vehicular,
bicycle, and transit riders);
• Improved circulation and access for all user types including north,
south, east and west circulation patterns (clear turning lanes; controlled
access; enhanced pedestrian, transit, and bicycle facilities; appropriate
sight distance triangle; and overall safety);
• Streetscape enhancement that is authentic to Avon and complimentary
to the West Town Center plans;
• Gateway and identity characteristics that serve as a transition from I-70
to the East Town Center;
• Wayfinding and signage
• Infrastructure improvements as necessary;
• Conceptualized redevelopment opportunities and land uses; and
• 3-D Model of East Town Center and West Town Center showing
conceptual massing and building orientation, estimated shade/shadow
sfes, and key view corridors.
Task 3.5 Project Check In
The Design Workshop team will conduct a Project Check In with Town Council,
Planning Commission, Staff and the community development committee to discuss the
next steps and to discuss areas of concern by all parties. Specifically, we propose to
discuss the Refined Preferred Concept.
Task 16 Open House
After refining the preferred concept, the Design Workshop team will present the plans
to the public again for the second open house. The purpose of this meeting will be to
show interested citizens and stakeholders the plan for the area, field questions, and take
comments. The format for the meeting will be an open house with high-quality
presentation materials depicting the plan.
Phase III Deliverables:
Project Management
Market Investigation Report Draft
Market Investigation Report Final
Presentation materials for the open house and project check-ins
Project Check Ins (up to 3)
Open House (1 open house)
PHASE IV: DRAFT DISTRICT PLAN
At the conclusion of Phase III, the Design Workshop team will have a clear
understanding of the issues, concerns, and needs of the study area. Our conceptual
plans will help support this notion along with the extensive comment that we will have
received from citizens, key interest groups, community development committee, Town
Staff and Town Council. All of this will become the foundation for the Draft District
Plan, which is the goal of Phase IV.
Task 4.1 Preliminary Cost Estimating
Based on feedback gathered during previous tasks, the Design Workshop team will
work directly with the staff to develop a preliminary cost estimate.
Task 4.2 Financial Analysis
A financial analysis will be performed in order to assess the financial feasibility of the
development with respect to both private sector development potential and public
sector revenue streams.
1. Development- Revenue Analysis - a.conceptual pro forma will be prepared
for each infill parcel to determine financial feasibility of redevelopment
based on recommended development program. Research will be conducted
into development costs and anticipated revenues (much of this information
has been previously generated for the Town Center West financial analysis).
Cross sections will be developed to understand the spatial implications of
the redevelopment as well as to establish building program takeoffs for use
in the development revenue analysis. Supportable mitigation levels for the
redevelopment projects will be derived based on the financial feasibility in
order to understand the potential for private projects to contribute directly to
the public improvements including housing, open space, street
improvements and parking.
2. Public Revenue Streams - an analysis of.projected public revenues resulting
from redevelopment will be generated and compared to the costs of public
improvements. This analysis will help to gauge the ability to recapture
initial public expenditures through increased tax base, etc., and will help to
quantify the need, if any, for additional funds.
Task 4.3 Project Check In
The Design Workshop team will conduct a Project Check In with Town Council,
Planning Commission, Staff, and the community development committee to discuss the
results of the financial analysis.
Task 4.4 Draft District Plan
The purpose of the Draft District Plan is to bring the physical design, market
investigation, financial analysis all together into a plan that will act as a district plan
and provide direction for both public and private development in the Town Center
East. The reality of a public/private partnership will be expressed.
The format for this will be an 8 1/2"X11" document that town staff can use when
conducting and reviewing development in the East Town Center.
Task 4.5 Public Hearings
The Design Workshop team will facilitate public hearings with Town Council,
Planning Commission, Staff, and the community development committee to discuss the
Draft District Plan.
Phase IV Deliverables:
Project Management
Schematic Cost Estimate and Phasing Plan
Financial Analysis
Draft District Plan (1 draft)
Project Check Ins (I check in)
Public Hearings (up to 3)
PHASE V: FINAL DISTRICT PLAN
The purpose of Phase IV is to conduct the final set of edits to the Draft District Plan.
In addition, DW will help take the plan through the adoption process by the Planning
and Zoning Commission and Town Council.
Task 5.1 Final District Plan
The purpose of this task is to make changes to the draft district plan according to
feedback in Phase IV. The format for the final plan will be the same as the draft
district plan.
Task 5.2 Final Adoption Hearings
The Design Workshop team will attend up to three hearings with the Planning and
Zoning Commission and the Town Council for final adoption.
Phase V Deliverables:
Project Management
Final District Plan (20 final copies, 1 CD with all final documents)
Adoption Hearings (up to three)
By signing this letter, you are authorizing Design Workshop, Inc. to commence
services immediately for a fee of $120,000. This fee does not include reimbursable
expenses (printing, photography, and travel) which will be billed at cost plus 15% for
handling.
The contract conditions of existing Agreement dated June 8, 2006 shall be binding on
these additional services unless modified herein. The following is a summary of the
fees associated with this effort.
Original Contract Amount:
$44,500
Additional Services Amount:
$120,000
Total New Contract Amount:
$164,500
Additional days added to schedule:
6 months
Please call- me-at_9_70-94.8-6281- if you have- any--questions -regarding this request -for
additional services.
Sincerely,
DESIGN WORKSHOP, INC.
Don Ensign
Principal
APPROVED BY CLIENT:
WJU L i crt. Co-()'T-L2 s as*
Y
Title: (na-
Date: a a ~i
I
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engmee
Date: January 19, 2006
Re: Design Workshop Proposal for Transit Center Design Services
Summary: Design Workshop submitted the attached Proposal (Exhibit 1) for Town of
Avon Transit Center Design. The Proposal is based on the services of the design 'team
established for the original Town Center Plan including Johnson and Kunkel Engineering,
LSC Transportation and Otak Architects. They have added Beaudin Ganze, mechanical/
electrical engineers and Natural Logic, LEED specialist to the team for this project. The
proposal is for design services from design development through final construction bid
documents and limited construction observation services. The proposed design is based on
the Schematic Design as previously with detail modifications to be resolved prior to final plan
preparation. The design will be for the complete transportation center project.
The proposed completion schedule for this work is:
Design Development (60% Complete) March 14, 2006
Construction Documentation & Specifications (95% Complete) April 25, 2006
Full Bid Documents (100% Complete) May 11, 2006
This schedule is compatible with advertising for bids in May, awarding a construction
contract in June 2006 with construction beginning in July 2006. This is also consistent with
required notice of construction that was given to the owners of Lot 61.
The proposed fee for these services is $99,121.50 plus reimbursable expenses such as
telephone calls, meals, lodging and travel at actual cost plus 15%. These costs are broken in
Exhibit 2 as:
Design Development
$ 38,205.00
Construction Documents
40,087.50
Bidding/Negotiation
4,151.00
Construction Observation
16,678.00
Total Cost for Services
$ 99,121.50
L\Engineering\CIP\Transportation Center\2.0 Contract Services\23 Design Arch\Design Workshop Prop 2 Memo.Doc 1
We recommend approval of the Design Workshop, Inc. Proposal dated January 16, 2006, for
Design Services from Design Development through Construction Observation for the Town
of Avon Transit Center in an amount not to exceed $99,121.50 plus reimbursable expenses
subject to compliance with the recommendations of the Town Attorney and with Construction
Observation Services to be subject to authorization by Town Staff on an as-needed basis.
Financial Implications: The proposed design fee is within the current
project budget.
Recommendation: Approve the Design Workshop, Inc. Proposal for
Design Services from Design Development through Construction Observation dated January
16, 2006, for Town of Avon Transit Center in an amount not to exceed $99,121.50 plus
reimbursable expenses subject to compliance with the recommendations of the Town
Attorney and with Construction Observation Services to be subject to authorization by Town
Staff on an as-needed basis.
Proposed Motion: I move to approve the Design Workshop, Inc. Proposal for
Design Services from Design Development through Construction Observation dated January
16, 2006, for the Town of Avon Transit Center in an amount not to exceed $99,121.50 plus
reimbursable expenses subject to compliance with the recommendations of the Town
Attorney and with Construction Observation Services to be subject to authorization by Town
Staff on an as-needed basis.
Town Manager Comments:
Attachments:
Exhibit 1: Design Workshop, Inc. Proposal for Town of Avon Transit Center Design
Exhibit 2 Design Cost Breakdown by Task
I:\Engineering\CIP\Transportation Center\2.0 Contract Services\23 Design Arch\Desi_vn Workshop Prop 2 Memo.Doc• Page 2
January 16, 2005
Mr. Norman Wood, PE
400 Benchmark Road
Box 975
Avon, CO 81620
Re: Town of Avon Transit Center Design
Dear Norman:
Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal
for the Town of Avon Transit Center project. This project is the first of many capital
improvements from the Avon Town Center West Plan that will forever change the
footprint of the Town Center West area. We are looking forward to making the
Town's vision a reality, one step at a time.
Design Workshop has retained the original Town Center West and Main Street Public
Improvements Team with Johnson and Kunkel Engineering, LSC Transportation and
Otak Architects. We have also included Beadin Ganze Engineers (m.e.p. engineering).
Our professional experience will provide the town with a well crafted, long lasting
transit center for the Town Center West area.
Our proposed work program, outlined in this proposal, is based on the preferred
alternative plan at Schematic Design, which was presented to Council in January 2006.
Understanding how the proposed transit center fits within the larger vision of Avon
Town Center West is necessary to create a long-lasting outcome that will not need to
be modified or reconstructed.
Our scope of service includes the detailed design and engineering for the entire transit
center area described in the Avon Town Center West charrette preferred alternative.
The future users of the proposed Town of Avon Transit Center will include Avon
Transit, Beaver Creek Resort Transit and Eco-Transit. Our recommendation is to
develop a partnership with these entities in order to share the costs associated with the
design and/or construction of the proposed facilities. Each transit authority will greatly
benefit from a properly designed facility. By developing a partnership, each of the
transit authorities will also have the opportunity to offer specific ideas that may need
considered (Real Time Information systems, GPS, etc) for the functional success of the
transit center.
In our previous conversations, we have discussed the opportunity for the Town of
Avon to not only create a new placemaking and community environment in the Town
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Center West area, but to also create a "green footprint". Avon truly could be at the
forefront of sustainable development by a municipality in the Rocky Mountains. The
Avon Transit Center could be a model project by incorporating environmental aspects
such as solar power lighting, passive solar architecture, indigenous planting design, etc.
We are excited to further design, engineer and help implement the first of many pieces
of the Town Center West and Main Street Public Improvements. The Transit Center
will become a financial investment for the Town that has great economic and social
capital return.
Thank you again for the opportunity to submit this proposal. Should you have any
questions please do not hesitate to contact Steven Spears or myself at 970-925-8354.
We look forward to hearing from you.
Sincerely,
DESIGN WORKSHOP, INC
/
Don Ensign, ASLA
Principal-In-Charge
Steven Spears, ASLA
Project Manager
A
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 contract 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
❑ Wayfinding and Signage Plan
I.7 Lighting Plans
❑ MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet)
❑ Utility Plans
❑ Erosion Control Plans
❑ Architectural Plans
Cl Architectural Elevations/Cross Sections
LI Structural Plans (framing plan, foundation plan, etc)
CI Bus Pavement Design
❑ Details and Cross Sections
❑ Notes and Specifications
6
Design development drawings will not provided 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
1-1 attend one pre-bid conference
CI provide design clarifications
IJ 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 construction
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)
❑ Attend periodic construction office progress meetings when requested by Town of Avon
❑ Provide construction observation services
U Assisting in final punchlist
The five items listed above are based are included in this proposal. Hours for each discipline include:
❑ Landscape architecture/project management: 65 hours
Cl Civil engineering: 24 hours
❑ Structural engineering: 12 hours
❑ Graphic design: 8 hours
❑ Architecture: 12 hours
❑ MEP: 8 hours
Should services beyond the hours listed be necessary, they will be billed on a time/materials basis.
Assumptions
There will be only one contract bid package. 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)
U Structural engineering
C 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
❑ Site amenities such as benches, bollards, planters, trash receptacle, ski/bike racks
❑ Site lighting
E Street trees
1-1 Garden design
CI Irrigation design
❑ Wet and dry utilities
❑ Crosswalks and sidewalks
U Snowmelt system
1-1 Temporary connection to Main Street
I I Coordination with railroad crossing consultant
0 Wiring for Real Time Information
❑ Anticipating wireless internet services
rl
❑ All snowmelt design will be a bid alternate and stopped at the end of Design Development for staff
evaluation and discussion with potential contractors
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 and stopped at the end of Design Development for staff
evaluation and discussion with potential contractors
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 (6016): $38,205
Construction Documents (95% and 100%) $40,088
Bidding and Negotiation: $4,151
Construction Observation: $16,678
TOTAL:
$99,122
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.). In the event of non-payment, such
unpaid amounts shall constitute and become a lien upon the property for which professional services are being
performed or completed. Design Workshop may, at its discretion, assert its right to file and foreclose upon such lien,
in addition to pursuing any other remedies permitted by law. Client agrees that all statements not objected to in
writing within thirty (30) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the
adequacy of Design Workshop's performance, and the value of the services provided to Client.
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. Client shall fully
indemnify, defend, and hold harmless Design Workshop against any and all claims for liability asserted by any project
participant for any action taken by Design Workshop under this paragraph.
1 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 he 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 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.
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, this Agreement
represents non-exclusive approval by the Client for publication and award submissions of the project by Design
Workshop.
DESIGNWORKSHOP (Turn Page) 1~
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 shell 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 `10
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.
Don Ensign, FASLA
Principal In Charge
APPROVED BY CLIENT:
By:
Title:
Date:
Avon Transit Center 1-Jul-04
Proposal - Cost break Down DWI
,Design Development
;Landscape Architecture Fee
$10,125.00
Wayfinding and Signage Fee
$3,520.00:!
!Architecture Fee
$6,440.0011
Civil Engineer Fee
$9.600.00
MEP Fee
$42500.001
Structural Fee
$1,500.00
- - -
Transportation Fee
$2,520.00,
SUBTOTAL
$38,205.00
Construction Documents
.Landscape Architecture Fee
$8,207.501
Wayfinding and Signage Fee
$5 180.00,
Architecture Fee
$6,780.00,
Civil Engineer Fee
$10,900.00
Structural Fee
$2,000.00
MEP Fee
$4,500.00
Transportation Fee
$2,520.00i
SUBTOTAL
$40,087.50
Bidding and Negotiation
_
Landscape Architecture Fee
$1 975.00
Wayfinding and Signage Fee
$1,720.001!
Architecture Fee
$178 _QOL
!Civil Engineer Fee
$278.00
Structural Fee
MEP Fee
Transportation Fee
SUBTOTAL
$4,151.00 _
Construction Observation
Landscape Architecture Fee
$72800.00!
Wayfinding and Signage Fee
$1,600.00!
Architecture Fee
$1,830.00
Structural Fee
$1,248.00'
Civil Engineer Fee
$3,000.M
MEP Fee
$1,200.00,
Transportation Fee
SUBTOTAL
$16,678.00
TOTAL
$99,121.50