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HomeMy WebLinkAboutC05-066 Design Workshop Inc. eos~O(P(,e... 6/ Proposal for Eagle CountYbvmprehensive Plan Support Eagle County, Colorado 02/16/05 PROJECT DESCRIPTION Thank you for allowing Design Workshop, Inc. the opportunity to assist Eagle County in the completion of the Eagle County Comprehensive Plan. The progress of the plan over the last eighteen months has provided extremely valuable information and focus for the future of the County. Weare pleased to provide the scope of service as directed below. SCOPE OF SERVICES 1. Assist Eagle County Staff with meeting preparations, a. Review applicable portions of the draft plan with staff prior to each public hearing. b. Review handouts and presentation materials prior to each hearing. 2. Attend Public Hearings of the Eagle County Planning Commission (ECPC) and Roaring Fork Regional Planning Commission (RFRPC). a. Attend and support staff at public hearings. b. Attend ECPC meetings throughout the adoption of the Comprehensive Plan. The ECPC regularly meets on the first and third Wednesday of every month. c. Attend RFRPC meetings throughout the adoption of the Comprehensive Plan. The RFRPC regularly meets on the first and third Thursday of every month. d. Attend special hearings, which may be necessary at the request of the ECPC and RFRPc. 3. Assist Eagle County Staff with research and reviews of materials covered in the plan. a. Guide Eagle County staff to information pertinent to questions/comments made during public hearings. b. Coordinate with previous consultants (NWCCOG and Community Viz) regarding information in maps. 4, Assist Eagle County Staff with final plan completion. a. Work with Eagle County staff on the edits to the plan. b. Review plan prior to the final adoption. Conditions and Exclusions Eagle County shall provide the following information or services as required for performance of its services. Design Workshop assumes no responsibility for the accuracy of such information or services provided by Client, and shall not be liable for errors or omissions therein. Should Design Workshop be required to provide services in DESIGNWORKSHOP Proposal for Eagle County cvmprehensive Plan Support Eagle County, Colorado 02il6/05 obtaining or coordinating compilation ofthis information, such services shall be billed as Additional Services. In order to begin services, we will require the following infonnation: 1. Digital version of the Comprehensive Plan draft (Microsoft Word) 2. Other digital files which may include necessary information and data. 3. GIS files 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 your project are listed below: Project Manager and Project Planner - Rebecca Leonard Rebecca Leonard will serve as the Project Manager and Project Planner for the Eagle County Comprehensive Plan Support project and will also be responsible for leading the planning efforts associated with the work. Her responsibilities will include the coordination and responsibility of Design Workshop's in-house planning team as well as regular communication and coordination with all members of Eagle County Staff. Principal Advisor - Don Ensign Don Ensign will serve as Principal Advisor of the Eagle County Comprehensive Plan Support project and will have primary responsibility for the overall content review and quality of the services performed by Design Workshop. SCHEDULE Design Workshop is prepared to begin services on March 16, 2005 upon receipt of a signed copy of this proposal from an authorized owner's representative. At this time, the following generalized schedule is anticipated: Public Hearings: ECPC March 16 - Sections 3. 1 (General Governance) and 3.2(General Development) RFRPC March 17 - Sections 3.1 (General Governance) and 3 .2( General Development) ECPC April 6 Sections 3.3(Economy), 3.4(Housing), and 3.5(Infrastructure and Services) DESIGNWORKSHOP 2 Proposal for Eagle Countycvmprehensive Plan Support Eagle County, Colorado 02/16/05 RFRPC April 7 Sections 3.3(Economy), 3.4(Housing), and 3.5(Infrastructure and Services) ECPC April 20 Sections 3.6(Water Resources) and 3.7(Wildlife) RFRPC April 21 Sections 3.6(Water Resources) and 3.7(Wildlife) ECPC May 4 Sections 3.8(Sensitive Lands) and 3.9(Environmental Quality) RFRPC May 5 Sections 3.8(Sensitive Lands) and 3.9(Environmental Quality) ECPC May 18 - Part IV: Area Plans and Section 2.4 (Projections) RFRPC May 19 - Part IV: Area Plans and Section 2.4 (Projections) RFRPC June 16 - Formal Recommendation Made to the ECPC ECPC July 6 Formal Adoption FEES AND EXPENSES 1. Basic services Compensation to Design Workshop for the services described herein and in accordance with the conditions ofthis agreement shall be on an hourly basis per Design Workshop's current published rate schedule. Design Workshop will work on the task above in the Scope of Services on an hourly basis. . 2. 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, travel, photography, telephone charges, video conference charges, and printing expenses shall be billed at Design Workshop's cost plus fifteen percent (15%). 3. 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) major revisions to program and/or expansion of scope of services. Whenever practical, changes, additions, or modifications to the scope of services shall be authorized by written change request; however, the absence of such a written change order shall not act as a bar to payment of fees due Design Workshop, provided the change was in fact approved and ordered by the Client. 4. Taxes Any taxes or fees, (local, state or federal), based on gross receipts or revenues will be added to amounts due under this contract. DESIGNWORKSHOP 3 Proposal for Eagle County ~~Jmprehensive Plan Support Eagle County, Colorado 02/16/05 PAYMENT TERMS 1. 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 ofthe servIces. 2. Extensive itemized breakdowns of hourly activities or provision of detailed backup for reimbursed expenses for accounting purposes are not a normal procedure; however, at the Client's request, Design Workshop will provide this service at an hourly rate of$65 (sixty-five dollars) per hour. ACCEPTANCE 1. This Agreement is entered into between Design Workshop, Inc. and Eagle County, organization 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. 3. 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. 4. The Client agrees that they have read and understood the Contract Provisions attached hereto and incorporated herein by reference. DESIGN WORKSHOP, INC. ~ ~/;::? tb ~/ &j~ By ~~Iv~ Date: Don Ensign / Title: Principal (; APPROVED BY CLIENT: By: /tyv\ tV\' AAenWVl j Date: Title: 8V1a:~V"~ DESIGNWORKSHOP 4 Attachment A Contract Provisions 1. 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.PR.). 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. 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 govemmental 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 govemmental 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 partIdpa"' to< a"y acti"" take" by OesIg" Worl<shop u<KIe, 'hI, parngrnph. ~ 3. If the project is suspended or abandoned, in whole or in part, for a period of ninety (90) or r r upon instruction by Client to Design Workshop to suspend activity on the project, Design Wo sl'l II be nsated for all services performed together with all reimbursable expenses due and the ree n hall t!med terminated. If the project is resumed after such suspension, the Agreement be~(l' d si Workshop shall be renegotiated prior to resumption of services by Design Workshop. ~ch"Q~goti on s II in ude a fee for remobilization costs incurred by Design Workshop. In the event thplthi~ Agr~~ te nated due to the sl:'5~ension or abandon~ent of the pr,ojec.t. Client shall make full. J)~n"~~i~w for~n c, nsation due her~under Within 30 days of receipt of a final inVOice from DW. For pu . se . f t~lfl4'~ree~nf, the term "suspension" or "abandonment" shall mean substantial discontinuance of Ie' , and;~~s for a ninety (90) day period or written instruction by Client to suspend sUbstantial~y cy{pr 'ect 'v 4. Design Workshop reserves the right to raise'~~'Ia(es its 0 d' cretion during the course of this project. Any such increases, however, will not result'(.arr~t" ~\ in al fees identified in this proposal unless specific ,eM"'" a.. beI"g provkled o~~t~ "ol~ 5. Orn"'"g, a"" '""":7' . "~"X"',,rect'8"IC fonn, p..pa"'" by O",Ig" WO,",hop a.. the '"","me"'-' of SeNlce 10, "'" ~. "'e.... :. ."'~ ro,1!l!t. DesIg" Wo,",hop ,hall be dee!TIed 'he authco: a"d owne' of 'heI, Instruments ~f S .......; n .~tal; I (ltjmmon law, statutory, and other nghts, Including cOPYrights. Oe,lg" :6 ~ Ie;" a "o"exdu,lve nce"", to ..produce O",lg" Wo<k'hop', ''''',"me"'' of SeNlce s.r .."ft os~~: n cting, using and maintaining this project, provided that Client shall comply with all 0'."'. "arl'i\i'!U~~''''t payment of all sums when due, under this Agreement. The Client shall be permitted to ref. ~o,e ~iil t~in~ reproducible copies of drawings ~nd specifica~ions for informati~n and refere~ce .in con~lo~'t"f e Chent's use and occupancy of the project The Chent shall be permitted to authOrize ItS contri(.,,~.r subcontractor~ and materi~1 suppli~rs to. reproduce a~plicable porti~ns ~f the Instruments of Service appropl'fate 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) 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 ovemight courier, or by certified mail, postage prepaid, retum receipt requested, to the receiving party at the following address: If to DW: If to Client S 7D - lri " *' or to such other address as ~iij.,,;"';~veen the other by notice pursuant to this Section. Notice shall be deemed given o~th!f1l~~~e ca e. of po"",na' deliveoy, elect~nlo mail, 0' lelecopy, 0' o.n Ihe deloveoy O~.~lu"'da~, .:S.:fi' : """'" ..eo'pl '" the case of cert.ed mail 0' on Ihe lo"k,"g ..port '" Ihe case of ovemight!~it4!i,~,. ':" c" 11. 'fanyp~.~ ",~.;, any ..ason h..d Invalid 0' ,nenfo",..ble, 5"ch p"",lslon shall be deemed sp~ at~ n~_ t validity of the remaining portions herein. "".,~ - ~.- -~,,~ 12. T~~~ ,t~~' be' binding upon the parties, their partners, successors, assigns, and legal representatives. Cliel\"~'Of%~'Slgn 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 Design Workshop, Inc. 2005 Published Billing Rates Emplovee Classification Hourlv Billin2 Rates Principal $175 to $400 (Don Ensign - $2001hr) Associate $90 to $175 Landscape Architect $75 to $175 (Rebecca Leonard - $1101hr) Intern $55 to $65 Project Assistant $65 to $80 Note: Project Specialists will be billed at their applicable billing rates not to exceed $175