AECO_Contracts_and_Proposals/Out-in-the-Open/Master Proposal/_Master Proposal.md
2024-02-27 15:48:01 -06:00

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Proposal for OpeningDesign's Architecture and Engineering Services


FOR:

Noby Ventures Attn: Ram Subedi 2525 N 124th St Suite 101 Brookfield, WI 53005


Project Location

N95W25901 County Line Rd Lisbon, WI

Hi Ram,

We're excited to have the opportunity to share the following proposal.

Although a more nuanced list of requirements will undoubtedly unfold as the project evolves, on a high-level, I understand that this project will include the following list of requirements/priorities.

  • Renovating a 6400sf suite into a bar/restaurant centered around golf simulators.
  • Accommodate (6) golf simulators.
    • ~ 15'W x 18'D x 11'H
    • Individual bars at each simulator
    • Individual club hanger locations
    • Plan for golf bag stowing locations
  • Bar near entry to manage security
    • No beer lines
  • Accommodate a few lounge locations throughout
  • Kitchen
    • small commercial kitchen
      • bar food
      • air fryer
      • no walk-in coolers
  • Provide a way to segregate space to accommodate 1 or 2 private parties at a time.
  • TVs throughout
  • (4) Video poker locations
  • Vestibule
    • Automatic doors
  • Outdoors (potentially 2nd phase)
    • Using existing canopy
    • Outdoor seating
    • Possible outside bar
    • Possible outdoor simulator
  • Small Office
  • Restroom
    • As reasonable, accommodate existing locations potentially
  • Possible precedent projects

The following is a breakdown of services and phases we anticipate for your project.


Phases & Scope of Services

Phase 1 - Programming

  • Conduct zoning & building code analysis
  • Measure, model, and draft up the existing conditions relative to the scope of work
    • If there's existing as-built drawings of the space, less effort would be necessary for this phase. Even less so, if there are CAD-based drawings. Although hardcopy (paper) drawings will also be helpful. Either way, however, we will still need to conduct site measurements to verify dimensions.
      • The city might require an official exterior site survey of the existing area. If needed for any plan commission meetings, or other site approvals by the city. If required, we assume this existing site survey would be provided by a 3rd party surveyor, along with a CAD background.
  • At the end of this phase, we provide up to (2) diagrammatic floor plan options which will explore ideal layout and adjacencies of the various spaces throughout the project, as well, as their relation to the site. These design options will address varying approaches in the following criteria.
    • Functional relationship of the various spaces
    • Code restrictions/requirements
    • Structural considerations
    • Mechanical considerations
    • Major equipment locations
    • Plumbing considerations
    • Environmental factors
    • Optimizing Daylight
    • Acoustical considerations
    • Existing site layout
    • Furniture/equipment requirements
    • A few examples of these diagrammatic floor plans

Phase 2 - Schematic Design

  • During this phase we will start developing what the look and feel of the project will be. We will provide up to (2) design options presented in the following formats
  • Architecture
    • Site Plan
    • Floor Plans

Phase 3 - Design Development

  • Here we, along with our consultants, will dial into one design by either refining one of the proposed designs and/or combining the desired aspects of the other design(s) proposed.

    • Architecture
      • Site Plan (of the scope area only)
        • Will use supplied 3rd party survey
      • Floor Plans
      • Demolition plans

Early General Contractor(GC) Involvement

At the conclusion of this phase, we strongly advise sharing these drawings with your chosen contractor for preliminary estimates. Despite their 'schematic' nature at this point, the drawings will be developed sufficiently for your contractor to provide a rough estimate. While this estimate may have a margin of error due to the drawings not being 100% complete, an experienced general contractor should be able to provide an accurate enough assessment. This evaluation helps determine the financial feasibility of the planned scope and whether it's prudent to proceed to the more time-intensive fourth phase—Construction Documents.

Moreover, involving an experienced General Contractor (GC) and potentially their subcontractors early in the process can yield valuable insights into local supply chains and construction conventions. This early involvement aids in value engineering the project, facilitating the achievement of target costs at an early stage. In essence, making design adjustments earlier in the process is more straightforward compared to value engineering a fully detailed project in the later stages of design.

Phase 4 - Construction Documents

  • Out of all the phases listed in this proposal, the Construction Document phase is the most labor intensive. This is the phase where we dial into the exacting details of the design. We, along with our consultants, propose to provide the following construction documents for your project.

    • Architecture & Interior Design

      • Code summary
      • ADA requirements
      • Life safety plan
      • Emergency and exit sign layouts
        • Site Plan, only of the scope area, not the entire site.
        • This assumes the city does not need an official survey for the small amount of worked planned outside
      • Demolition plans
      • Floor plans
      • Interior elevations are not included, but will include elevations and enlarged plans of ADA restroom layouts.

      • Schedules

        • Simple Door Schedule
          • does not include hardware, we will work with the GC's hardware vendor to dial in on specifics.
      • Energy code check, if necessary (COMcheck/REScheck for example)

    • Structural

      • Floor plans with structural member sizes
      • Structural calculations, if necessary
  • At the end of this phase we should have sufficient documentation to submit for permit. Often times, however, due to accelerated construction schedules, we will submit for permit a portion of the way through this phase, and complete the remaining documentation after the permit has been issued.

Level of Detail

Please recognize that the more comprehensive the construction documents, the 1) more precise the General Contractor's (GC) estimates will be, and 2) the fewer surprises will arise regarding the final construction. However, it's worth noting that detailed drawings come with higher design fees and an extended development timeline.

In many of our construction projects, clients often find a balance. They aim to invest just enough in design fees to secure an accurate bid, understanding that some details may be refined in collaboration with the contractor(s) and OpeningDesign during the project. This approach is particularly applicable when there's a high level of trust with the GC from the early stages and is the suggested approach as mentioned above in the Early General Contractor(GC) Involvement section, above.

If, on the other hand, you prefer more thorough documentation, please inform us. We are open to adjusting this proposal accordingly.

Phase 5 - Bidding and Issuing for Permit

  • Issue the drawings for building permit review
  • Provide the AHJ, reviewing the drawings, with any additional drawings and/or clarifications they may request after their initial review. This happens quite often and is a normal part of the process.

Post Permit Changes

At times, our clients may propose alterations relatively late in the process, typically in Phase 4 and beyond. If these changes are small enough and submitted early, we can usually incorporate them into the base bid. However, if they are substantial and submitted too late, we will inform you and issue a not-to-exceed change order for your approval before initiating any work.

Should you choose to reissue a revised permit with these changes at a later date, please note that any additional work mandated by the Authority Having Jurisdiction (AHJ) for this revised permit is not covered in the base bid. Such additional work will be billed at an hourly rate as outlined in the enclosed billing rate schedule.

While we will strive to make post-permit changes code compliant, if you opt not to resubmit the plans to the AHJ for reapproval, OpeningDesign cannot assume liability for potential rework resulting from drawings that are not code compliant upon re-review or inspection.

Any change to the plans post-permit requires AHJ re-review and reapproval. It is your responsibility to inform us if you wish to resubmit. In some cases, major changes will necessitate resubmission to the AHJ, irrespective of their size.

Given the multifaceted nature of the building code, which is sometimes subject to local interpretation, we require the approval of the governing body (AHJ) to mitigate both our and your risk of liability. This requirement applies not only to construction after the initial permit issuance but also to any work performed before the first permit issuance.

Phase 6 - Construction Administration

  • Architecture & Interior Design
    • Site visits
      • Assuming (1) on average of every 6 weeks (additional site visits, if necessary, will be billed at hourly rates outlined in this proposal, including mileage costs)

Termination

When construction starts, our job is not over. Our involvement during this phase is typically just as important as the earlier phases, as quite often, due to accelerated schedules, we continue to work out the remaining details of the design.

In addition, our periodic on-site observation allows us to catch any construction errors and/or quality problems.

Having said this, you are free to stop our services at any time, and at any phase, however, as our involvement is crucial in all the above phases, if you terminate our service before the end of construction, we would be required to remove our name as the architect/engineer of record from the AHJ (Authority Having Jurisdiction), and would no longer be professionally liable for any errors and omissions that might be exposed later in the project. Our involvement throughout the project is crucial to minimizes our liability, as well as yours.

  • Either party may terminate this agreement without the need to provide a specific cause. To initiate this termination, written notice must be given to the other party. The agreement will officially conclude on the date stated in the notice. > * In the event of a termination without a specific cause, it's important to note that the client is responsible for compensating OpeningDesign for services rendered and expenses incurred up to the termination date. > * In case of termination, OpeningDesign or the client shall promptly return to the all documents, plans, or property owned by the other. > * In the event of termination without a specific cause, OpeningDesign shall make reasonable efforts to conclude any ongoing work or to facilitate a smooth transition to another architect. Please be aware that OpeningDesign will not assume responsibility for any delays, additional costs, or damages incurred by the client as a result of such termination.

Services not included:

Although we can provide the following services, we assume either they are not necessary or will be provided by the GC, the 3rd party via the GC or directly contracted through you.

Please lets us know if you would like us to include any of the following.

  • As-built drawings for areas outside the scope.
    • Sometimes an AHJ will request additional floor plans outside the scope area
  • Does not include any additional drawings (over what is outlined in the proposal above) that a Plan Commission might request.
    • we assume no plan commission submission will be necessary.
  • Interior or Exterior Elevations
  • Building/Walls Sections
  • 3D Renderings/animations
  • Interior design
    • Picking out interior finishes
    • Finish Schedule
  • Window Schedule
  • Site Plan
    • We will do a site plan of the scope area, but not the entire site plan.
  • Civil engineering, including, but not exhaustive:
    • Storm water management/calculations
    • Grading and erosion control plan/details
    • Site stabilization details/methods.
    • Sediment control measures
    • Retaining wall design
  • Landscape design
  • HVAC/Mechanical Engineering
  • Electrical Engineering
  • Lighting
  • Reflected ceiling plan
  • Plumbing Engineering
  • Food Service or Commercial Kitchen Design
    • Kitchen equipment procurement
      • We will, however, suggest a schematic kitchen layout intended to be refined by a 3rd party kitchen vendor.
      • For this schematic layout, we will require a list of equipment.
  • Furniture, Fixtures & Equipment (FF&E) services
  • Casework/millwork elevations
  • Large scale interior details
  • Long form (book) construction specifications
  • Structural work associated with shoring during construction
  • Land Surveying
  • Low Voltage Design
  • Audio/Visual Design
  • Extensive energy modeling beyond prescriptive requirements
  • LEED Design
  • LEED Commissioning
  • Hyper-Realistic Renderings
  • Detailed Cost Estimation
  • Fire Alarm
  • Fire Protection (Sprinklers)
  • Security
  • Signage Design/Layout
  • Acoustical Engineering Services
  • Geotechnical Engineering
  • Environmental Studies and Reports
  • Materials testing or special inspections
  • Information Technology
  • Legal Survey
  • Closeout Record Documents
  • Testing and Balancing of Installed Equipment
  • Environmental Studies
  • Commissioning Services
  • Moving Coordination
  • Post-occupancy Elevation/Studies
  • Maintenance and Operational Programming
  • Building Maintenance Manuals
  • Post-occupancy Evaluation
  • Extensive decorative finish studies
  • Art selection
  • Artwork Production Services
  • Additional art commission services may be provided to client and quoted separately

Fees Relative to Desired Workflow

Over the years, OpeningDesign has developed a preferred and unique way of working. Although OpeningDesign's website's about page provides more detail, in a nutshell, most of our projects are open source and are conducted out-in-the-open.

This open source concept might sound confusing, as it's a relatively new way of working in our industry, but this open way of working allows us to more agilely share work with our core group of independent architects and designers that we have worked with over the years. In addition, this open platform always us to share, and build up a common library of details and drawings.

Simply put, by being able to bring in additional help quicker on project and sharing a common library of drawings, we are able to bring more value to our clients--both in cost and schedule.

We understand, however, some clients might prefer a more traditional approach to practicing architecture and interior design. In that light, we offer (3) tiered fee options that vary from a fully open approach to a more private approach.

Approach A

  • Approach (A): A Fully Open Approach where the construction documentation, location, and the names of the parties involved in this contract are known and are shared publicly. All of OpeningDesign (and their consultant's) newly created documentation/content is open source. That is, will be freely available to you, or any party, including the design team, for future use and possible redevelopment, assuming the terms such as Attribution and ShareAlike are honored.

    • Sample Projects
      • A multi-family residence in Eau Claire, WI.
        • The CAD/BIM files can be found here
        • Here's a log of communication between the design teams, and our issue tracker here.
      • A sport complex in Jefferson, WI
        • The CAD/BIM files can be found here
        • Here's the log of communication between the design team and general contractor
      • A vacation rental in Lake Geneva, WI.
        • The CAD/BIM documents can be found here
        • Here's a log of communication between the design team.
      • A residence on Lake Kegonsa.
        • The CAD/BIM documents can be found here

Approach B

  • Approach (B): An Anonymous Open Approach Everything is the same as Approach A, however, the project location and the names of the direct or indirect clients, are kept anonymous and not shared publicly.
    • Sample Project
      • An organic grocery store in southern Wisconsin
        • (CAD/BIM) files can be found here.
      • An office/warehouse facility in southern Wisconsin
        • (CAD/BIM) files can be found here.

Approach C

  • Approach (C): The Traditional Approach where all documentation, and clients involved, remains confidential and private. Per industry norm, the designer and the designers consultants are deemed the authors and owners of their respective Instruments of Service, and they retain all common law and statutory rights, including copyright.
    • With this approach, clients are free to use these construction documentations during the construction, maintenance and any future additions/modifications of their one-off project. Unlike approach A and B, however, they are not free to use these plans to redevelop another project, on another site, without OpeningDesign's permission. Again, this is more in line with the traditional way practicing architecture and interior design.
    • A vast majority of our clients choose Approach A or B, but we provide this approach for those clients who might not, for business reasons, share their plans publicly. For example, a data center client might opt for this more confidential/private approach, as the design of their data center is a key asset to their business model. Another example, is a client that would like to keep their project confidential until they acquire the land and/or zoning approval, then switch to a more open approach later in the project.

Things kept private...

  • Please note, no matter which approach (A, B, or C) is used above...
    • Any documentation from parties outside this contract, and/or shared with OpeningDesign prior and during the execution of this contract, WILL NOT be shared publicly.
    • Any prior emails, or any emails between you, OpeningDesign, or any other parties during the duration of the project, WILL NOT be shared publicly.
    • Also, we will not make public anything that you explicitly indicate should be kept private.

Although more common in other industries (software, for example), these open approaches are still relatively new in the construction industry and as such, if you have any questions please feel free to ask. We would be happy to chat. Ultimately we take great pride having teased out these open approaches over the years. It has proved a more efficient and cost effective way of practicing architecture--ultimately benefiting our clients and the overall industry in general.
Also, feel free to visit OpeningDesign's about page. It provides a little more information about these open approaches, as well.

Not-to-Exceed Fee Proposal Options (A, B, or C):

The following table outlines the (3) fee options.

% Phase
Approach (A)
Approach (B)
Approach (C)

Rough % of Const. Costs Estimated Duration
Rough % of Const. Costs Estimated Duration
Rough % of Const. Costs Estimated Duration
10.00% Phase 1:
Pre-Design & Programming

0.2% 1.8 wks
0.3% 2.3 wks
0.4% 3.0 wks
15.00% Phase 2:
Schematic Design

0.3% 2.7 wks
0.5% 3.5 wks
0.6% 4.5 wks
20.00% Phase 3:
Design Development

0.4% 3.6 wks
0.6% 4.6 wks
0.8% 6.0 wks
30.00% Phase 4:
Construction Documents

0.7% 5.4 wks
0.9% 7.0 wks
1.2% 9.1 wks
5.00% Phase 5:
Bidding and Issuing for Permit

0.1% 0.9 wks
0.2% 1.2 wks
0.2% 1.5 wks
20.00% Phase 6:
Construction Administration

0.4% n/a
0.6% n/a
0.8% n/a
100.00% All Phases
2.2% 14.3 wks
3.1% 18.6 wks
4.0% 24.2 wks

Fee & Duration Based on Hypothetical Costs Of Construction

Fee & Duration Based on Hypothetical Costs Of Construction
Approach (A)
Approach (B)
Approach (C)

Possible Not-to-Exceed Fee Estimated Duration
Possible Not-to-Exceed Fee Estimated Duration
Possible Not-to-Exceed Fee Estimated Duration
$455,000 $70/SF
$10,010 10.0 wks
$14,105 13.0 wks
$18,200 16.9 wks
$650,000 $100/SF
$14,300 14.3 wks
$20,150 18.6 wks
$26,000 24.2 wks
$845,000 $130/SF
$18,590 18.6 wks
$26,195 24.2 wks
$33,800 31.4 wks
Percent of Construction Costs
2.2%
3.1%
4.0%


Please note, these are not lump sum fees, but are instead, not-to-exceed fees, which are based on a percentage of construction costs. The Hourly Rates, called out below, will apply until this not-to-exceed fee is reached.

The (3) fee and duration examples provided above, based on (3) hypothetical costs of construction, provide an example of how our fees are relative to the cost of construction. That is, if the project costs go down/up, or less/more scope is involved over time, these fee ceilings will adjust relatively.

Please note, these not-to-exceed fees are based on the percentages of projected construction costs at any particular point in the project. For example, if a project starts out with projected costs of 'X', but the scope is cut in half later in the project, the fees for that earlier phase will still be based on 'X'.

We also assume your GC will share ongoing construction cost projections throughout all phases of the project.

In the event there's a dispute over our fees or the project stops prematurely and/or changes scope before retaining a GC to determine projected construction costs, we require you to retain the services of a mutually agreed upon 3rd party estimator to determine a fair construction cost on which our not-to-exceed fee could be based.

Please note the not-to-exceed fee is applied to the entire project fee, and not the individual fees associated with each discipline and does do not include reimbursable expenses.

By using hourly rates and not-to-exceed fees, based on percentages of construction, we have found this to be a win-win for both parties. The design professionals are given a little more safeguard against potential scope creep and the client can realize more economical fees if they are able to make decisions quicker and more consistently--moving the design of the project along quicker. In addition, clients are able to adjust, on the fly, what types of services they might or might not need as the project unfolds, thus avoiding tedious renegotiation.


Hourly Rates

Discipline Approach
(A)
Approach
(B)
Approach
(C)
Architecture
Principal $120/HR $135/HR $150/HR
Project Architect $100/HR $115/HR $130/HR
Intern $75/HR $90/HR $105/HR

The Consultants fees will include an additional 15% to cover in-house administration, handling, financing, and insurance costs.


The Determination of the Not-to-Exceed Fee

For your reference and peace of mind, please review the following 3rd party document(s) as to what the standard practices are for establishing design fees in the construction/architecture industry.

As you will see relative to the suggested fees outlined in these documents, our fees are competitive in comparison. We are confident that through our unique and open way of working and our strong band of collaborators and consultants, that that we will meet and exceed the industry's standard of care.



Reimbursable expenses include:

  • Transportation in connection with the project for travel authorized by the client (transportation, lodging and meals)
    • $1.00 per mile for travel
    • Hourly billing rates while traveling
  • Communication and shipping costs (long distance charges, courier, postage, dedicated web hosting, etc.)
  • Reproduction costs for plans, sketches, drawings, graphic representations and other documents
  • Renderings, models, prints of computer-generated drawings, mock-ups specifically requested by the client
  • Certification and documentation costs for third party certification such as LEED
  • Fees, levies, duties or taxes for permits, licenses, or approvals from authorities having jurisdiction
  • Additional insurance coverage or limits, including additional professional liability insurance requested by the client in a excess of that normally carried by the designer and the designers consultants
  • Direct expenses from additional consultants not specifically outlined in this proposal

Reimbursable expenses include an additional 15% to cover in-house administration, handling, and financing.


Boilerplate

  • We will deliver invoices on a monthly basis based on scope complete, with payment due within 30 days of receipt. Invoices overdue past (60) days will be interpreted as an order to stop work on the project and a basis for termination of contract.

  • If project's duration extends past 365 days, Hourly Rates, as outlined above, will increase by 10% each additional year that passes.

  • We are not responsible to select a general contractor or guarantee workmanship performed by contractor or other parties. We can, however, make suggestions or recommendations for craftsman or contractors for Client to consider

  • We not responsible for the exploration, presence, handling, and/or adverse exposure of any hazardous materials, in any from. Including, but not limited to asbestos products, polychlorinated biphenyl (pcb) or other toxic substances.

  • Both Parties agree to communicate about any pertinent information and known changes to the project scope in a timely manner by writing.

  • In the event of premature project termination, we will bill for percentage of work completed to date, based on the enclosed hourly rate.

  • If you decide to forgo the project, fees, from all phases complete, are due regardless of the following scenerios:

    • Construction costs are more than you expected, for whatever reason.
    • Code requirements, required by the AHJ, at any phase of the project (other than the 6th phase (Construction Administration), make construction costs too costly to continue with the project.
  • This proposal is valid for 90 days.


We sincerely appreciate the opportunity to submit this proposal and look forward to the potential of a fruitful collaboration in the future.

If I have included a service, within this proposal, that is not necessary and/or one that you would like to include, please let me know.

If the terms of this proposal are acceptable please sign in the space offered below and remit a $5,000 retainer.

Finally, please don't hesitate to contact me should you have any questions or need clarification about the proposal--would be more than happy to sit down and have a more nuanced discussion.


Kind Regards,

Ryan Schultz ryan.schultz@openingdesign.com 773.425.6456 17 S. Fairchild, FL 7 Madison, Wisconsin 53703

























Authorized by:

  • Please check the box, below, of your preferred Fee Proposal Option

    • ( ☐ A ) Fully Open Approach
    • ( ☐ B ) Anonymous Open Approach
    • ( ☐ C ) Traditional Approach

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  • Signature:

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License

Per usual, unless otherwise noted, all content associated with OpeningDesign projects is licensed under an open source, 'copyleft' license: Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) Attribution-ShareAlike 4.0 International. Attribution to be given to the entire team associated with the project.