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TC Packet 02-14-2023AVON TOWN COUNCIL MEETING AGENDA A TUESDAY, February 14, 2023 . . MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in -person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT — COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Proclamation: One Book One Valley (OBOV) 2023 (Lori A. Barnes, Director of Library Services for Town of Vail) (5 Minutes) 5:05 5.2. Joint meeting with Planning & Zoning Commission: 5.2.1 Presentation: Energy Smart Colorado Avon Rebates Update (Walking Mountains Energy Programs Director Nikki Maline) (15 Minutes) 5:10 5.2.2 Work Session: Net Zero Communities (Sustainability Coordinator Charlotte Lin) (20 Minutes) 5:25 5.2.3 Work Session: Water Conservation Strategies (Public Works Director Eva Wilson and Town Manager Eric Heil) (30 Minutes) 5:45 5.2.4 Work Session: Lot 5 Apartment Design/Swift Gulch Public Works Facility (Town Manager Eric Heil) (30 Minutes) 6:15 5.2.5 Work Session: Building Code Recommendations from Eagle County Codes Cohort (Building Official Derek Place) (40 Minutes) 6:45 5.2.6 Work Session: Development Code Amendments (Senior Planner Jena Skinner) (15 Minutes) 7:25 5.2.7 Work Session: Long -Range Planning Updates (Planning Director Matt Pielsticker) (15 Minutes) 7:40 5.3. Notice of Award: Harry A. Nottingham Park Restrooms (Town Engineer Justin Hildreth) (30 Minutes) 7:55 5.4. Notice of Award: West Beaver Creek Blvd from US6 to Avon Elementary School Street Improvement Project (Town Engineer Justin Hildreth) (10 Minutes) 8:25 5.5. Notice of Award: Metcalf Culvert Repair (Public Works Director Eva Wilson) (5 Minutes) 8:35 6. MINUTES 6.1. Approval of January 24, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) (5 Minutes) 8:40 7. WRITTEN REPORTS 7.1. Draft January 17 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 7.2. Upper Eagle Regional Water Authority December 15, 2022 Meeting Summary (Town Manager Eric Heil) 7.3. Building Electrification Update (Planner 1+ Max Morgan) MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL ,IAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI(0),AVON.ORG WITH ANY SPECIAL REQUESTS. 7.4. Recycling Campaign Update (Sustainability Coordinator Charlotte Lin) 7.5. Sustainable Transportation Policy for Employees (Sustainability Coordinator Charlotte Lin) 7.6. Eagle Valley Transportation Authority — Grants Update (Mobility Director Eva Wilson) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:45 9. ADJOURN 9:00 Public Comments: Council agendas shall include a general item labeled `Public Comment' near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No.17-05. FUTURE AGENDA ITEMS: FEBRUARY 28 • Work Session: Parking Management • Public Hearing: Second Reading Ordinance 23-01 Amending Landscape Regulations • Resolution 23-01 Approving 2023 Special Events for Administratively Approval • Update to January Appointments to Boards and Commissions • Appointment of Taggart Howard as Municipal Prosecutor • Audit Engagement Letter MARCH 14 • Chiefs Community Partnership Awards for Shop with a Cop • Flock Safety License Plate Reader defensive net around Town of Avon • PD Facial recognition approval • Work Session: E-Bike Rebate Program • Work Session: Restroom Design (Guidance) • Title 7 Code Amendments • Work Session: Fleet conversion to Electric & Hybrid Vehicles • Proposals for GHG Baseline MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL ,IAUREGUI CASANUEVA AT 970-745-4001 OR EMAIL MJAUREGUI(G),AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, General Government Manager Avon RE: Proclamation One Book One Valley 2023 DATE: February 6, 2023 c o L 0 H A D 0 SUMMARY: Lori Ann Barnes with Vail Public Library will attend Tuesday's meeting to present information about One Book One Valley 2023. Mayor Phillips will read aloud the attached proclamation promoting the 2023 One Book One Valley initiative. Thank you, Ineke ATTACHMENTS: Attachment A: One Book One Valley 2023 Proclamation Attachment B: One Book One Valley 2023 Poster 970-748-4013 idejong@avon.org Avon OFFICIAL PROCLAMATION ONE BOOK ONE VALLEY 2023 A valley -wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail WHEREAS, Community Read programs have united and uplifted hundreds of cities and municipalities throughout the United States of America; and, WHEREAS, the book "The Downstairs Girl" by Stacey Lee is a Young Adult title published in 2019 that is available in print, eBook & eAudiobook formats; and, WHEREAS, New York Times best-selling and Young Adult Novelist, Stacey Lee, is an award -winning author of 5 historical and contemporary young adult fiction. A native of Southern California and fourth -generation Chinese American, she graduated from UCLA, then got her law degree from UC Davis King Hall. After practicing law in Silicon Valley for several years, she finally took up the pen because she wanted the perks of being able to nap during the day, and it was easier than moving to Spain; and, WHEREAS, The Downstairs Girl" is a powerful novel about identity, betrayal, and the meaning of family in the 1890's. With prose that is witty, insightful, and at times heartbreaking, Stacey Lee masterfully crafts an extraordinary social drama set in the New South. "By day, seventeen -year -old Jo Kuan works as a lady's maid for the cruel daughter of one of the wealthiest men in Atlanta. But by night, Jo moonlights as the pseudonymous author of a newspaper advice column for the genteel Southern lady, "Dear Miss Sweetie." When her column becomes wildly popular, she uses the power of the pen to address some of society's ills, but she's not prepared for the backlash that follows when her column challenges fixed ideas about race and gender"; and, WHEREAS, this Eagle Valley Community Read is the 12th Year of the One Book One Valley initiative. This year, for the first time in our history, we have selected a Young Adult title for our community to enjoy. According to Ali Teague from the Bookworm of Edwards, "I believe that every adult should read at least one middle grade or young adult book per year, as they help us empathize and connect with young people. These books tend to have the richest and most relatable characters who are not only discovering who they are, but also their place in the world. They are also, generally, more optimistic about the state of the world so they can be that much needed palette cleanser after reading a heavy -hitting adult book. But my favorite thing about books written for young readers, and the reason I read several of them per year, is how unpretentious and accessible they are. Any adult at any reading level can read a young reader's book and learn and feel just like our young readers do"; and, WHEREAS, this Eagle Valley Community Read will feature book discussions in venues around the valley; a movie night; a Chinese New Year Celebration; a Ninjago drop -in day; and, a special Guest Appearance by the author next spring; and, WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado Mountain College, Battle Mountain High School, Eagle Valley High School and Vail Mountain School have resolved to bring this valley -wide Community Read program to the citizens of Eagle County; and, WHEREAS, the One Book One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County. NOW, THEREFORE, we, the Town Council of the Town of Avon, Colorado, do hereby promote the One Book One Valley initiative and officially announce and promote the book "The Downstairs Girl' to all Eagle County residents for their enjoyment and the enjoyment of all. TOWN OF AVON L�'1 Amy Phillips, Mayor ATTEST: Miguel Jauregui Casanueva, Town Clerk I COMMON • l 1' m l ®l 6w OTUM 0 • • 59KOTMILTO I N • 11 i iMr 1 VA: . • TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, General Government Manager Avon RE: Energy Smart Colorado Avon Rebates Update DATE: February 8, 2023 c o L 0 H A D 0 SUMMARY: Council has approved $40,000 in funding to be provided to the Energy Smart Colorado program at Walking Mountains Science Center in 2022 and again in 2023. Nikki Maline, Energy Programs Director at Walking Mountains will attend Tuesday's meeting to present information about Energy Smart Colorado and the work done in Avon. She will provide both a lookbacklsummary of the 2022 program and take Council through the proposed scope of services for 2023. No action is required by Council. Thank you, Ineke ATTACHMENTS: Attachment A: Energy Smart Colorado Presentation Attachment B: 2022 Final Report Attachment C: 2023 Proposed Scope of Services 970-748-4013 idejong@avon.org ATTACHMENT A Energy & Buildings walking MoUntamse sustainability Nikki Maline Cody Kumar Diego Betts Program Director Residential Coordinator Commercial/MF Coordinator 970-328-8777 energy@walkingmountains.org www.walkingmountains.org/energy ,ovon 2022summary COLORADO 2023 what to expect MAKING ENERGY IMPROVEMENTS EnergySmart SIMPLE & AFFORDABLE Energy & Buildings How we can help walking mountains` EnerogySmart sustainability • Home Energy Assessments & Business/Multifamily Building Energy Walkthroughs • Energy Coaching about Energy Use in Buildings • Rebates for Weatherization, Energy Efficiency & Building Electrification • Local Qualified Contractor List • Low -Moderate Income (LMI) Household Incentives & Guidance • Free Radon Test Kits & Radon Awareness in Homes • Educational Materials, Workshops, and Trainings • Partner with Local Communities • Participate in our Local Climate Action Collaborative Funders: Eagle County, Town of Vail, Town of Avon, Town of Eagle, Holy Cross Energy, Xcel Energy, CO Dept. of Public Health & Environment Easy access to: Information, Workforce, and Incentives Energy & Buildings How we can help walking mountains EnergySmart Take these steps for a more Comfortable & Energy Efficient home or building! •STEP 1: INFORMATION Get a Low -Cost Home Energy Assessment or Free Business Energy Walkthrough to determine areas of improvement and gather data. • STEP 2: WORKFORCE Develop an Action Plan through recommendations on your report from your local energy analyst, with Free Energy Coaching & Contractor Referral from Walking Mountains (customizing the scope of work based on needs & building opportunities). •STEP 3: INCENTIVES Implement upgrades and get REBATES from Walking Mountains and your local utilities. MAKING ENERGY IMPROVEMENTS SIMPLE & AFFORDABLE Energy Smart Colorado STEP1: INFORMATION, Home Energy Assessment walking mountains ry • Comprehensive, all areas, thermal envelope, insulation inspection, mechanical systems • 2-4+ hours in the home • FREE QUICK FIXES instantly save money/energy (max $100 value) • Blower Door Test— diagnostic testing of home air leakage • Infrared Camera Photos • Safety Checks —Combustion Appliance Zones (CO/gas) • Energy Saving Analysis and Comprehensive Report with Recommendations Household/Building Type Cost for Visit Home Energy Assessment $100 — 1s` 3,000 square feet $0.05/sf — each sq. ft. between 3,001-6,000 $0.10/sf — each sq. ft. over 6,000 Home Energy Assessment-LMI* Households free Home Energy Assessment -Deed Restricted Homes** free Home Energy Assessment-Teachers/School Employees** free Home Energy Assessment-Firefighters/Police/First Responders** free Commercial & Multifamily Buildings free EnergySmart Energy Smart Colorado — local 2023 Rebate Rules & Amounts walking mountains EnergySmart C0.o..00 Household Building Type Project Rebate Amount Annual Maximum Residential up to 25% of project costs $3,000/year Residential-LMI* Households up to 50% of project costs $5,000/year Commercial & Multifamily Buildings up to 25% of project costs $7,500/year • Home Energy Assessment or Business Energy Walkthrough required prior to a rebate being processed, and preferred prior to implementing upgrades • Must apply for rebates online within of date on paid invoice • Proof (photo) of completed project, paid invoice, and spec sheets required (other items may be required, see rebate details for each measure) • Rebates may be assigned to contractor completing the project 0 Request a full list of measures with detailed rebate rules & requirements Energy Smart Colorado Rebates -Project Types walking �xun' EnergySmart s staina ility COLONADD • Balanced Ventilation (ERV/HRV) Heat Tape Timer • Building Envelope: Air Sealing, Insulation, Residential • Home Radon Mitigation System Crawlspace Conversion • Induction Cooktop/Range • Cold Climate Air, Water, or Ground Source Heat Pump . Insulated Cellular Shades (honeycomb) (heating and cooling) • LED Lighting — Commercial/MF Common Area Only • Duct Sealing • Lighting Controls — Commercial/MF Only • Electric Fireplace • Pool & Spa Pumps • Electric Ready Upgrade • Retro-commissioning, Re -commissioning, • Electronically Commutated Motor (ECM) or Commercial ASHRAE Level II or III Audit Variable Speed Motor • Smart (Wi-Fi Enabled) or Programmable Thermostats • Energy Management System / Data Trackers / • Smart Controls Storm Windows • Variable Frequency Drive (VFD) • Heat Pump Clothes Dryer • Variable Refrigerant Flow (VRF) — Commercial/MF Only • Heat Pump (Hybrid) Water Heater Walking Mountains 2023 LMI Assistance 2023 Income WM-LMI Walking Mountains' Low -to -Moderate Income Households Program Limits 150%Area Median Income (AMI) household income (before # in taxes; all income earners) Household Annual Monthly 1 Person $117,450 $9,788 2 Person $134,250 $11,188 3 Person $151,050 $12,588 4 Person $167,700 $13,975 5 Person $181,200 $15,100 6 Person $194,550 $16,213 7 Person $208,05O $17,338 8 Person $221,400 $18,450 walking mounts su.stainabilittl 2023 Walking Mountains' LMI (Low -to -Moderate income households) • FREE Home Energy Assessment EnergySmart • Rebates— up to 50% of the project costs; annual max of $5,000 (utility rebates are also available) • To qualify, all income earners in household must provide: most recent filed tax return(s), or 90 days of employment income, or proof of active participation in another income - based program (like: SNAP, LEAP, TANF, SSI, AND) n ,ovo n COLORADO Location Specific Incentives — 2022 walking mountains' EnergySmart 2022 TOWN OF AVON SPECIFIC INCENTIVES MtCO2e reduced Annual Customer I/tility Snrines Home Energy Assessments I ; Residential Improvement Incentives I ; Business/Multifamily Improvement Incentives MUMLA Fzjff/ 2022 PROJECT TYPES REBATED iN AVON MtCO2e reduced Heat Pumps (7) 4.25 (some electrification modeling has not been complete Commercial LED Lighting (2) 1 Air Sealing/Insulation (4) Programmable Thermostat (4) Induction Cooktop/Range (1) 1 Solar PV (2) 237.04 MtCO2efrom„ ,,,- n ,ovo n COLORADO Incentives - 2022 Budget & Goals walking mountains St[Statnnb;lrfir Funding for the cost of home energy assessment discounts with Sa.117 FREE energy coaching & Quick Fix Installs. Goal of 25. I � Funding for the cost of doubling a residential rebate & $500 extra III I I It 4 $8,322 for electrification ($500-$1,000/rebate). Goal of 22. F Funding for the cost of doubling a business rebate & $500 extra $2,000 for electrification ($500-$2,000/rebate). Goal of 15. : Hard costs for marketing, outreach and communication in order to $2,500 t increase participation. Hard costs for program management and staffing, including on- going coaching and contractor referrals. Energy savings, cost $10,000 savings, carbon emissions reductions all provided quarterly & in this report. $269939 Total: An additional 9 Solar PV Rebates are reserved ($9,000) as part of the SOLARIZE 2022 program, but will be paid out in 2023 (with funds from the 2023 agreement). Adding the 13 reserved residential Solar PV rebates, brings the total residential rebates to 32, which is 145% of the goal for the year, for residential rebates. EnergySmart walking mountains Avo n sustainability COLORADO Home Energy Assessments Completed - Last 5 Years 25 20 15 10 5 0 2018 2019 2020 2021 2022 +# Completed — QF Annual MtCOZe EnergySmart COLORADO 5 4 3 2 1 0 " STOP THE i POLLUTION USE BENMABLEELEGT�Q Y httPs:Hhub.wa I ki ngmou nta ins.org /renewa ble-energy-cost-ca Icu lator Why Electrify? 100% Clean Electricity by 2023 Electrify things in your home and buildings now, and continue to reduce more GHG� emissions from your electric usage each year — that's heating, cooling, cooking, water heating, and washing clothes. Or have 100% renewable now with PURE or onsite Solar PV!°0e�/pp%Qepe+�a0�° www.holycross.com/pure A Avon COLORADO location Specific Incentives — 2023 { walkimg mounta7in'se {� Energ�rr�art sq�stainabilit COLONAUG IncentivelHard Cost Details Budget Estimated annual MtCO2e reduced i • • - Goal of thirty (30) $50 assessments $1,500 7.20 Goal of twenty (20) $1,000 Solar PV rebates; this includes 9 reserved 2022 Solarize rebates $20,000 182.20 • • Goal of eight (8) $500 bonus rebates for Air Sealing & Insulation improvements $4,DDD 9.G0 • Goal of nine (9) $500 bonus rebates for Heat Pump installations Hard costs for marketing, outreach and communication in order to increase participation $2,000 11/n • Hard costs for program management, staffing, energy coaching and contractor referrals $8 000 n1a Total: $40,000'1 222.40 MtCO2e The topfour (4) lines are flow -through funds, and estimated amounts, in order to respond to varying community interest there can be flexibility between these 4 lines. If flow -through funds get low we will notify the Town of Avon and see if they would like to end special incentivesfor the year or contribute more funds. MtCO2e = Metric tons of carbon dioxide equivalent (reduced annually; estimated) Energy Bu"i1d*ings Nikki Maline Program Director Cody Kumar Residential Coordinator Diego Betts Commercial/MF Coordinator MAKING ENERGY IMPROVEMENTS SIMPLE & AFFORDABLE 970-328-8777 energy@walkingmountains.org www.walkingmountains.org/energy { walking munta HU' Energyrrlart s stainer ility { O L 6 A A V 4 Providing: • Energy Assessments • Energy Coaching, Education, Resources • Weatherization, Energy Efficiency, Electrification & Safety Rebates Helping: • Homeowners • Businesses • Multi -Family buildings • Low -to -Moderate Income Households 1�i ^ /� AaaTrACHMENT B W811Cing TI] stanLflInS' Energysmart won ,` o n Bust¢inability .ee V COLORADO 2022 ANNUAL REPORT Community Energy Efficiency Program 11112022 through 1213112022 t610NI rT" r la T41:40 n1111410 Walking Mountains Science Center P.O. Box 9469, Avon, CO 81620 Contact: Nikki Maline, Energy Programs Director Office Phone: 970-328-8777 Email: nikkim(dwalkin®ountains.ora Website: www.walkinffiountains.or¢/ener¢v SUMMARY OF 2022 PROGRAM, PARTNERSHIP, and PURPOSE A system of incentives was created for residents in the Town of Avon in order to increase participation in the local Energy Smart Colorado program, offered through Walking Mountains Science Center. Homes and buildings that invest in improvements rebated through Walking Mountains for Energy Efficiency, Renewable Energy, and Building Electrification significantly help our community reach local climate action goals. The local Climate Action Collaborative (CAC) has a goal of a 50% reduction of greenhouse gas emissions by 2030 (from a 2014 baseline). This has led to approval of an action-based/town specific CLIMATE ACTION PLAN implementation schedule for the Town of Avon, as well as Avon's involvement as a partner in the local Climate Action Collaborative and their working groups. In 2016 the Town of Avon approved the adoption of the Exterior Energy Offset Program (EEOP). By partnering with Walking Mountains and the Energy Smart Colorado program, Avon has been able to implement a program that is accessible, available, and affordable to all homes & businesses within the town. Rebate and Assessment details are below for 2022 in the Town of Avon, through the local Energy Smart Colorado program, and town specific incentives. By supporting the Energy Smart Colorado program at Walking Mountains, with foods from Avon's EEOP, you have fulfilled the following intended uses of these funds. In 2022 the Energy Smart Colorado program provided the following within the community (estimated greenhouse gas reductions and customer utility savings in tables that follow). Educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, and a webpage with available resources, links, and information Rebates for energy efficiency, electrification, and renewable energy projects Special consideration to projects that positively affect occupants of local affordable housing and low - to -moderate income (LMI) households 2022 Town of Avon Community Energy EfficiencyProgram-Final Report page I W811Cing" IIIOnIIibility Energy.Smart Avon Bust¢inability .ee /V► V COLORADO 2022 TOWN OF AVON SPECIFIC INCENTIVES MK02e reduced Annual Customer Call" Savants Home Energy Assessments 1® Residential Improvement Incentives 1® Business/Multifamily Improvement IncentivA 1 '® KM / - 205.94 4.93 4.56 1.05 16.31 DELIVERABLES has not M1CO2e =Memc tons ofcarbon dtonde e0utvalent (reduced annually) During 2022, the Energy Smart Colorado team at Walking Mountains partnered with the Town of Avon and other local entities to perform the following work. • Project management and reporting of the Energy Smart Colorado program in all local areas in the Eagle River Valley, including an annual energy savings report to The Town of Avon with number of assessments completed and number of energy improvement projects completed in homes/businesses, and estimated energy and greenhouse gas reductions • Coordination of the Energy Smart Colorado program locally, providing $50 home energy assessments within Avon, free energy coaching, Solar PV rebates, and increased weatherization and electrification rebates to homes and businesses within Avon • Collaboration with Town of Avon staff to train and educate locals and staff about available local energy resources for their homes and businesses, and develop best practices for outreach and marketing this program within Avon 2022 Town of Avon CommunityEnergy EfficiencyProgram-Final Report page 2 walking mounta s- sustainability REBATES, GOALS & BUDGET Energy. Smart V �` o n COLoanoo A total of $26,939 was provided in 2022 from the Town of Avon to the Energy Smart Colorado program at Walking Mountains. The following is a breakdown of where those £ands were spent. $14,439 were Bow - through funds that went directly back into the Avon community. Following are details on the Community Incentives offered with final allocations of funds provided. Home Energy Assessments are $50 up front (any size of home is eligible for the $50 cost) Double Energy Smart Colorado Rebates for weatherization & energy efficiency measures, which makes them - $1,000/homes and $2,000/business $500 Bonus Rebates for building electrification measures • Solar PV Rebates ($1,000 for homes, $2,000 for businesses) _ Finding for the cost of home energy assessment discounts with $4 117 FREE energy coaching & Quick Fix Installs. Goal of 25. Finding for the cost of doubling a residential rebate & $500 extra $8,322 for electrification ($500-$1,000/rebate). Goal of 22. Funding for the cost of doubling a business rebate & $500 extra $21000 for electrification ($500-$2,000/rebate). Goal of 15. _ Hard costs for marketing, outreach and communication in order to $2 500 increase participation. Hard costs for program management and staffing, including on- going coaching and contractor referrals. Energy savings, cost $10,000 i savings, carbon emissions reductions all provided quarterly & in this report. Total: $26,939 An additional Solar PV Rebates are reserved ($9,000) as part of the SOLARIZE 2022 program, but will be paid out in 2023 (with funds from the 2023 agreement). Adding the 13 reservedresidential Solar PV rebates, brings the total residential rebates to 32, which is 145% of the goal for the year, for residential rebates. 2022 Town of Avon Community Energy EfficiencyProgram-Final Report page 3 �ATTACHMENTC walking 1 ountams� Ener Smart ^AO .I ifcta in a bi lity .gySm e OLORADO Town of Avon 2023 SCOPE OF SERVICES Community Energy Efficiency Program 1/l/2023 through 12/31/2023 CONTACT INFORMATION Walking Mountains Science Center Contact: Nikki Matine, Energy Programs Director P.O. Box 9469, Avon, CO 81620 Office Phone: 970-328-8777 Email: nikkim@walkinemountams.ore Website: www.walkinemountains.ore/enerev ORGANIZATION PROFILE The mission of Walking Mountains Science Center is to "awaken a sense of wonder and inspire environmental stewardship and sustainability through natural science education." Walking Mountains is a community -based nonprofit 5016 organization in Avon, Colorado that educates residents and visitors while helping businesses, individuals and local governments become more environmentally sustainable. Walking Mountain Science Center (WMSC) Sustainability Department's objective is to act as an agent of change to achieve local climate action goals and improve the social, economic, and environmental resilience of the Eagle County community. We serve as a resource and education hub to inspire action from local to global. Through this objective our staff implement multiple strategies to educate, outreach, and provide opportunities for action. Sustainability staff work across various sectors including energy & buildings, climate action, sustainable business, and waste diversion and reduction while using a lens of equity. Through the Energy Smart Colorado program, Walking Mountains provides energy coaching, comprehensive home energy assessments, energy visits to businesses & larger buildings, and rebates to businesses and homes, including increased low -to -moderate income (LMI) household incentives. PURPOSE OF PROGRAM/PARTNERSHIP To create a system of incentives that are specific and targeted for the Town of Avon community in order to increase participation in the local Energy Smart Colorado program. Homes and buildings that invest in improvements rebated through Walking Mountains for Energy Efficiency, Renewable Energy, and Building Electrification significantly help our community local climate goals. By partnering with Walking Mountains and the Energy Smart Colorado program, we will be able to implement a program in the Town of Avon that is accessible, available, and affordable to all homes & businesses within the Town. The local Climate Action Collaborative has a goal of a 50% reduction of greenhouse gas emissions by 2030 (from a 2014 baseline). The Town of Avon has implemented an action-based/town specific CLIMATE ACTION PLAN schedule based on these goals. And, Avon is a key partner, involved in the local Climate Action Collaborative and their working groups. In 2016 the Town of Avon approved the adoption of the Exterior Energy Offset Program (EEOP), which bring fonds in for those implementing outdoor energy use without on -site offsets. The intended use of these funds is for energy improvements within the town & they can be used to partner with the Energy Smart Colorado program. 2023 Town of Avon Comm my Energy Efficiency Program Exhibit A —page 1 1123123 n walking111ountams" Ener Smart Avon .i ri.rtainnGility .9Y.,, D OLORADO DELIVERABLES During 2023, Walking Mountains will partner with the Town of Avon and other local entities to perform the following work. • Project management and reporting of the Energy Smart Colorado program in all local areas in the Eagle River Valley, including an annual energy savings report to The Town of Avon with number of homes and businesses worked with, energy reductions (GHG reductions and kWhTHERMS), and other data • Coordination of the Energy Smart Colorado program, providing base rebates available to everyone plus special rebates available to Town of Avon residents of: $50 home energy assessments, free energy coaching, Solar PV rebates, and bonus weatherization and electrification rebates • Collaboration with Town of Avon staff to train and educate locals and staff about available local energy resources for their homes and businesses, and develop best practices for outreach and marketing this program within Avon BUDGET & GOALS A total of $40,000 in 2023 is intended to be provided from the Town of Avon to the Energy Smart Colorado program at Walking Mountains Science Center. Billing will be based on actual incentives provided, and incentives will be available only as long as funds last (up to $40,000). Following is a rough breakdown of how this money will be allocated to homes and businesses in the Town of Avon. Below allocations show $30,000 in Dow -through funds that go directly back into the Avon community through special incentive. Estimated Annual Incentive/Hard Cost Details Budget MtCO2e reduced r i V Goal of thirty (30) $50 assessments $1,500 7.20 Goal of twenty (20) $1,000 Solar PV rebates: $20,000 182.20 this includes 9 reserved 2022 Solarize rebates Goal of eight (8) $500 bonus rebates for Air $4,000 9.60 Sealing & Insulation improvements Goal of nine (9) $500 bonus rebates for Heat $4,500 23.90 Pump installatrons Hard costs for marketing, outreach and $2,000 N communication in order to increase participation Hard costs for program management, staffing, $g 000 �✓ = energy coaching and contractor referrals $40,000 222.40 MtCO2e Total: The top four (4) lines are flowthrough funds, and estimated amounts, in order to respond to varying community interest there can be flexibility between these 4 lines. Ifflow-through funds get low we will notify the Town of Avon and see if they would like to end special incentives for the year or contribute more funds. Mt702e =Metric tons ofcarbon dioxide equivalent (reduced annually, estimated) 2023 Town of Avon Community Energy Efficiency Program Exhibit A —page 2 1123123 TO: Honorable Mayor Amy Phillips, Town Council members and n Planning and Zoning Commission members Avon FROM: Charlotte Lin, Sustainability Coordinator v RE: Net Zero Communities c o L 0 n A D 0 DATE: February 10, 2023 SUMMARY: This report addresses the 2022 General Government Department Goal #9: Research Net Zero Communities. Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas ("GHG") emissions to a "Net Zero level. This goal involves researching and presenting the actions, economy and lifestyle of communities that are on a good track of achieving Net Zero GHG emissions. Furthermore, the report provides a foundational explanation of the terminology used when discussing Net Zero development, examples of Net Zero plans from 24 communities around the world, the main next steps for the Town of Avon should be. The purpose of this report is education and discussion; no action is required by Council. The next steps for the Town of Avon are as follows: • Establish a GHG inventory for Avon so we can measure impacts. • Support Holy Cross Energy transition to an all -renewable energy portfolio. • Electrification of buildings. • Electrification of transportation. • Composting. BACKGROUND: In May 2022, Avon reorganized its Climate Action Strategies (ATTACHMENT A) based on Eagle County's Climate Action Plan ("CAP") as well as ongoing efforts throughout all Town Departments. The GHG baseline that the Eagle County CAP was 2014, and the CAP identified reduction goals of 50% by 2030 and 80% by 2050. A Net Zero goal would accelerate the goal to 100% GHG reduction by 2050. This reduction goal is based on the Paris agreement of limiting global warming to below 2, preferably 1.5 degrees Celsius. To achieve this, the IPCC (International Panel for Climate Change) states that we must achieve a minimum of 45% emissions reduction by 2030, and a net zero emissions level by 2050. We can then work towards net negative emissions after. While we do not currently have official Net Zero goals, Avon does endorse the Mountains Towns 2030 Net Zero goal and have actively worked towards it. As the Town's Climate Action Strategies progresses, Staff has identified 15 official cross -departmental Sustainability goals to implement in 2023 (ATTACHMENT E). This Net Zero research will help us further evaluate how effective our Sustainability effort is to reach the Net Zero aspiration. 970-748-4083 clin@avon.org DEFINITION OF NET ZERO COMMUNITY Net Zero, at the basic level, can be defined as below: More technical and in-depth definitions around Net Zero practices are included in ATTACHMENT D. In addition, there is the lifestyle change that is needed to actually reach Net Zero targets. The strategies above mainly focused on how governments can and should be helping with the Net Zero transition. However, Net Zero targets will be missed without individual lifestyle changes. The list below provides how the Net Zero strategies effect the everyday lifestyle of individuals, as well as why individual actions are crucial in achieving Net Zero targets. Net Zero Lifestyles for Individuals: • Replace gas vehicles with electric or hydrogen -powered ones. • Take public transit, bike, or walk. • Disconnect from the gas grid by electrifying houses. • Switch older buildings to low -carbon heating. • Reduce consumption of meat and dairy. • Reduce and compost food waste. • Reduce, reuse and recycle. • Understand and track all actions that contribute to carbon emissions. • Vote for climate -conscious politicians. • Engage in climate advocacy and leadership. • Practice and lead climate action at workplaces. • Seek out mental health support for climate emotions. The key to a successful Net Zero transition relies on a strong collaboration between governments, businesses and people. There are many areas where governments need to assist people in, but individuals should be encouraged by the fact that individual actions create pressure on businesses and give Page 2 of 6 governments more confidence to take a strong stand on climate action. Most importantly, we should recognize that the Net Zero transition is a huge opportunity for growth and jobs. NET ZERO GOALS AROUND THE WORLD More than 1,750 communities across the globe have acknowledged the climate emergency with official declarations. Throughout various emergencies in history, including the most recent COVID emergency, it is evident that communities worldwide can step up and provide effective leadership in times of danger. Similarly, we cannot set aside the essential work of eliminating GHG emissions and preventing climate turbulence. This is why more and more cities' elected officials are taking a stand, by officially declaring a climate emergency and seeking to drive down local carbon emissions more rapidly and extensively than once thought feasible. A small portion of these communities have gone a big step further in developing and implementing extraordinary new actions to rapidly reduce emissions. This report will provide a breakdown of climate action plans from 14 out of the 24 communities (ATTACHMENT B) and identify the top 5 common decarbonization strategies they share (ATTACHMENT C). Co Barcelona, Spain Emergency Target Carbon neutral by 2050 Previous Target Same (adopted 2018) Bristol, UK Carbon neutral by 2030 Carbon neutral by 2040 Copenhagen, Denmark Carbon neutral by 2025 Same (adopted 2012) Glasgow, UK Carbon neutral by 2030 Carbon neutral by 2037 Iowa City, USA Net Zero Emission by 2050 80% Reduction by 2050 London, UK Zero Emissions by 2030 Zero Emission by 2050 Melbourne, Australia Zero Emission by 2040 Zero Emission by 2050 Mornington Peninsula Shire, Australia Zero Emission by 2040 Carbon neutral by 2021 Oslo, Norway 95% Reduction by 2030 Same (adopted 2016) Portland, Oregon, USA Net Zero Emission before 2050 80% Reduction by 2050 San Francisco, USA Net Zero Emission by 2050 80% Reduction by 2050 Stockholm, Sweden Fossil -fuel Free & Climate Positive by 2040 Fossil -fuel Free by 2040 Sydney, Australia Net Zero by 2040 Net Zero by 2050 Toronto, Canada Net Zero by 2040 80% Reduction by 2050 Page 3 of 6 Vancouver, Canada Carbon Neutral by 2050 80% Reduction by 2050 Park City, Utah Net Zero (community -wide) by N/A 2030; Net Zero (municipal) by 2022. Eagle County 50% Reduction by 2030 50% Reduction by 2035 (same goals as Avon) 80% Reduction by 2050 (updated 80% Reduction by 2050 (adopted 2020) 2016) As the 24 communities adjusted their overall carbon reduction targets, they also fine-tuned their targets for decarbonization of key emissions sectors within the community: energy supply, buildings, transportation, and solid waste. Although each community has a somewhat different emissions profile, much of the emergency -driven effort has focused on the buildings and transportation sectors, which tend to be the largest local carbon emitters. As the studied communities reset their targets for community, sector, and corporate emissions reductions, they had to figure out how they would actually reduce more emissions faster than previously anticipated. In response, they have developed and adopted policies, regulations, investments, and programs to achieve their more aggressive ambitions. Examples of what the updated climate action can be found in Attachment C. Net Zero or better is possible: Climate Positive/Carbon Negative Cases Bhutan, Suriname and Panama were able to go beyond Net Zero and reach the "climate positive" or "carbon negative" status because of the great amount of forest coverage in addition to practicing decarbonization strategies like using hydroelectricity, biomass -to -energy, sustainable land management in farming, and water resource management. The combination of both decarbonization strategies and natural climate solutions has proven to be effective in creating a "carbon negative" scenario. Mountain towns are already close to natural forest areas and it is possible that more efforts can be put towards natural climate solutions as well. Net Zero or better is possible: Small Communities Lech, Austria (https://www.lechzuers.com/en/guide/sustainability) The sister resort of Beaver Creek, Lech has been carbon neutral since 2019. Lech's climate action strategies include: • Limiting their guest beds to 10,000 in order to conserve resources, maintain the natural landscape and promote agriculture. • Use regionally sourced wood chips to fuel the biomass heating plants in not only Lech but surrounding regions, producing enough energy to supply almost 100% of all households and businesses. • All -electric public transportation system including electric buses, e-bikes and e-scooters developed over the period of 2011 to 2019. • 100% renewable energy from hydropower. • Using cattle grazing as a natural method for maintaining landscapes and preventing avalanches. • Running local businesses like bakeries instead of additional shipping. Page 4 of 6 • In addition to reducing the avoidable consumption of energy and resources, unavoidable emissions have been compensated for by supporting carefully selected climate protection projects. Park City, Utah (https://www.parkcity.org/departments/sustainability) Park City has made North America's most ambitious climate goals: to be net -zero carbon and run on 100% renewable electricity for city operations by 2022, and for the whole community by 2030. Their highest -level strategies are: energy efficiency, electrification, 100% renewable electricity and regeneration. Park City has created a "Solutions Project" through the Mountain Towns 2030 conference, where they will share specific roadmaps and programs to achieve their Net Zero goals. The Town of Avon plans to join this program and learn more from Park City, as it is the most comparable resort town to Avon. STRATEGIES TO ACHIEVE NET ZERO Top Five Common Strategies: Based on studying Net Zero Plans from around the world, five themes emerge as the top strategies towards Net Zero. The five strategies and brief explanations of each are described below, and real -life examples from, for example, San Francisco, Vancouver, Bristol, Oslo, Barcelona, Copenhagen and more are included in ATTACHMENT C. Town of Avon's current Climate Action Strategies (ATTACHMENT A) mostly align with these top five strategies, and they have also informed us on what our next steps should be. • Accelerating carbon -reduction targets • Expanding solutions for reducing local emissions • Tackling emissions produced outside local boundaries • Drawing down carbon through natural means • Upgrading local government's decarbonization capacities NEXT STEPS: Staff has considered the worldwide strategies and how they apply specifically to Avon. These are the immediate priorities towards a Net Zero future in Avon: • Establish a GHG inventory for Avon so we can measure impacts. • Support Holy Cross energy transition to an all -renewable energy portfolio, potentially including at industrial capacity battery infrastructure. • Electrification of buildings. • Electrification of transportation. • Composting. All strategies above have been adopted as official Department Goals (Attachment E) by Council in 2022. Staff is continuing to make progress in 2023. Thank you, Charlotte Page 5 of 6 ATTACHMENTS: Attachment A: Town of Avon Climate Action Strategies 2022 Attachment B: Summaries of Net Zero Plans worldwide Attachment C: Top five Net Zero strategies and real -life examples Attachment D: Technical definitions of Net Zero Attachment E: Budget Retreat report: Climate Action & Sustainability Programs Page 6 of 6 TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator �� RE: Climate Action Strategies Overview on DATE: May 3, 2022 c o L a H A D o SUMMARY: This report provides a comprehensive overview of Climate Action strategies and goals, current activities to implement policies and programs, and anticipated timeframes for implementation. Council direction or input is welcome on any of the Climate Action strategies, goals or programs discussed in this report. BACKGROUND: Town of Avon has adopted Eagle County's Climate Action Plan since 2016 (Resolution 16-38). Following the updates of the Climate Action Plan in December 2020 ("Climate Action Plan, Update 2020"), the Town adopted the updates in 2021 through Resolution 21-14. The Climate Action Plan, Update 2020, set aggressive Green House Gas (GHG) emission reduction goals of: 25% by 2025, 50% by 2030, 70% by 2045, and 80% by 2050 (baseline 2014 of 1,348,796 metric tons CO2 equivalent). In addition, Town of Avon has been an active participant and partner in the Climate Action Collaborative and their working groups: Education & Outreach, Energy Supply, Residential and Commercial Buildings, Transportation, Materials Management, Water, and Carbon Sequestration. It is important that Town leads by example in order to effectively influence citizen behaviors that directly affect climate change such as transportation options, energy consumption patterns in buildings, and general consumer decisions. The Climate Action Plan, Update 2020, focuses specifically on seven areas: (1) Buildings, (2) Transportation & Mobility, (3) Energy Supply, (4) Materials Management, (5) Carbon Sequestration, (6) Education & Outreach and (7) Resiliency. The areas that have the highest carbon emission reduction potential are Buildings, Transportation & Mobility and beneficial electrification that covers both areas. Town prioritizes its climate action efforts on these areas with the highest GHG reduction potentials. The Town recognizes the far-reaching nature of the Climate Action Plan and has adopted it widely across Departments where it is suitable. The analysis will present in detail what has been done recently and what the next steps are regarding various Department Goals, as well as new Climate Action Strategies that are under development. ANALYSIS: Eagle County Eagle County Climate Climate Action Action Plan Plan Recommendations Categories Multi -Sector "Beneficial electrification" Strategies for both the Building and Transportation & Mobility sectors. Beneficial electrification refers to any reductions of cost and emissions from replacing fossil fuels with electricity. Town of Avon Climate Action Strategies & Progress Research Net Zero Communities: Avon endorses the Net Zero Mountain Towns 2030 goals of reducing community greenhouse gas emissions to a "net zero" level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. Staff expects to update existing information during the second quarter and plans to present information in the 3rd Quarter. 970-748-4083 clin@avon.org Buildings Methane digester across Analyze all Climate Action Organizations: Create a list the energy supply, of our existing relationships and subscriptions to climate buildings and waste action related organizations and evaluate benefit of those sectors. relationships. An initial list of climate action organizations has been compiled, but specific details of how they could help our Climate Action Strategies still need to be added. A list of grant opportunities and their associated organizations have recently been updated for Environment and Climate Actions. Staff expects to beginning applying in May. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry- over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. Staff is doing data collection on our buildings in the town to identify buildings to recommend and refer to Energy Smart for building electrification. Staff is preparing to report about this for the June 14th Council Meeting. Review Recreation Center Facility Operations to Advance Town's Climate Action Goals: Add automatic faucets to all sinks, implement composting plan for staff and birthday parties/events held at the recreation center, understand energy consumption and greenhouse gas emissions and propose policies to reduce emissions. The Rec Center is also working on updating its HVAC systems, changing all lighting to LED bulbs, reducing paper towel use in bathrooms, adding extra recycling bins and developing recycling education for both patrons and Avon Elementary School. Additional Staff comment on CAP Recommendations and Applicability in Avon: Communication between Staff is crucial for the success of multi -sector Climate Action Strategies. The interactive map of Climate Action Strategies is just one tool that aims to provide a clear visual presentation of the connections between each strategy. Beneficial Electrification for Energy Smart Colorado Program: In 2016, while 5% of existing residential adopting the 2015 ICC/IECC building codes, the Town of Page 2 of 13 and commercial buildings Avon approved the adoption of the Exterior Energy Offset each year. Program (EEOP), which allows Walking Mountains and the Energy Smart Colorado program to assist with 1) For new and remodeled annual energy savings report, energy reductions and residential and commercial other data, 2) the ability to provide $50 home energy buildings, adopt'above assessments within the Town of Avon, free energy building code' standards coaching, and increased rebates to homes and and incentives, and businesses, and 3) educating Staff and locals about implement net -zero or all- energy resources and develop best practices for electric construction marketing and outreach. The Town is currently requirements by 2030. awaiting Q1 report from Walking Mountains. Work toward consistency across jurisdictional Adopt 2021 International Building Codes: The Town boundaries in Eagle of Avon currently administers the 2015 International County. Building Codes (Building, Residential, Energy Conservation, Plumbing, Fuel Gas, Mechanical, Fire Implement a benchmarking Code, Property Maintenance, Wildland-Urban Interface) ordinance in Eagle County and 2020 National Electric Code. In coordination with for all commercial buildings our neighboring entities, adoption of the updated 2021 10,000 square feet or International Building Codes is being pursued. Staff will larger. bring this to the Town Council with adoption by Ordinance, with local exception considerations. This will take action by Ordinance with the Town Council. The regional building officials continue to meet and gather information on code changes and local exceptions. This will likely be brought to Council in the 4th Quarter. The Climate Action Collaborative has conducted a study to compare cost, operating cost, and GHG impacts for 3 different building types constructed to the new code (baseline 20151ECC) in order to inform best practices of code implementation and community outreach. It is also worth noting that we are holding an electrification conference this fall, led by Building Official Derek Place. Energy Use Reporting: The State of Colorado passed House Bill 21-1286, "Energy Performance for Building" on June 8th, 2021. The bill requires that buildings over 50,000 square feet report their energy use at the end of each year, making the first benchmarking deadline for building owners December 1st, 2022. The Climate Action Plan advocates for a benchmarking policy requiring all buildings above 10,000 square feet in Eagle County to report their energy use. Staff is preparing to report about this topic in a future Council Meeting. Page 3 of 13 Additional Staff comment on CAP Recommendations and Applicability in Avon: The Town has been working on developing more housing closer to Avon for employees. In relation to Climate Action goals, housing development closer to job locations directly reduces or eliminates the need to commute by single -occupancy vehicles and the GHG emissions associated with it. Transportation 2% increase in electric I Create and roll out an E-Bike Incentive Program: & Mobility vehicle penetration each Council approved an E-Bike Incentive Program in the fall year as a percentage of all of 2021. Staff is preparing a variety of promotional registered vehicles in efforts to get the word out. The goal is to incentivize Eagle County. approximately 125-250 new or used e-bike purchases in the first year and then review performance, functionality Implement a behavior and usage with Council in the fall of 2022. Eighteen (18) change campaign to a -bikes will be stationed in Avon. The Program will reduce single -occupancy operate from the end of May to October 2022. vehicle commute trips 2 days per week by Transition Police Vehicles to Hybrid Vehicles: The encouraging local Department currently has five hybrid Ford Police businesses to provide Interceptors in service with a further one Interceptor and smart commuting two Hybrid Ford F-150's (with the same fuel performance incentives or establish as the Interceptors) arriving in 2022. We will transition policies to support multi- the remainder of the fleet as current fleet vehicles come modal commuting, flexible up for scheduled replacement according to the Capital work arrangements, and Equipment Replacement Schedule. There are huge remote work. delays on new vehicle orders; one of the new hybrids is getting its emergency equipment in Denver, while Strive for 50% of the the other two have no production dates yet. workforce living within 5 miles of their employment Implement Electric Buses into the Avon Transit Fleet: center via mixed -use Staff will continue to oversee the acquisition and communities, affordable establishment of two new electric buses into Avon's community housing near Transit Fleet, including required electrical upgrades and job centers, and determining appropriate routes and schedules for use of intercommunity multi- electric busses. Staff is anticipating the delivery of modal transportation two E-buses at the end of the first week of May. The options. E-buses are scheduled to be launched on June 11rn, 2022. Create a community -wide interconnected mobility Implement Vehicle Acquisition Procedure that system to support multi- Requires Consideration of Greenhouse Gas modal transportation Generation: Fleet will implement vehicle purchasing including park-n-rides and procedures to require analysis of green house gas pedestrian and bike emissions and Town reduction goals for all vehicle infrastructure to support Page 4 of 13 transit ridership, complete purchases. 5 hybrid orders have been placed and are and connected bike in the works. 5 electric SUV's are pending but have commuting paths and been reserved. 4 hybrid/electric vehicles are in the lanes, and safe and budget, but there is no inventory available. Fleet is accessible sidewalks. hopeful to place orders in the next couple of months. Expand bus service across Prepare 5 Year Plan for Vehicle Replacement that the county, specifically Prioritizes Reduction of Greenhouse Gas Emissions: targeted at commuters. Fleet will also work with other Departments about their needs and accommodate this into the new vehicle Pilot bike or electric bike acquisition procedure & Electric equipment transition: sharing programs and Research conversion of gas equipment and mowers with determine the viability of electric versions, including but not limited to blowers, County -wide program. weed -trimmers, and mowers. Both Fleet and Public Works commented on the challenges of replacing heavy-duty equipment and vehicles to electric; however, Staff continues to learn about this topic and will make transitions as soon as possible. Additional Staff comment on CAP Recommendations and Applicability in Avon: There is no current plan to discuss development of light rail or similar transportation, but it is something to look into as Net Zero communities worldwide tend to have them. In addition, it should be noted that in Eagle County, we have about twice the average commuter miles per day in of Colorado (40 miles per day on average). We have adopted the town policies to allow remote work and encourage it, but that only works for Staff with office jobs that can function remotely. There are many Staff who need to be present (i.e., front desk, lifeguards, public works, police) cannot practice remote work. Only about half of the Town can work remotely twice a week. A carpool policy is under development to address this issue. The goal is to reduce the number of times people have to travel per day, hence reducing vehicle miles traveled single occupancy vehicle miles traveled. As we promote the transition of EVs, we must also be mindful and aware of the current EV production methods, which have their own emission and sustainability problems. We should stay on top of the research about EV development as we carefully pursue any EV transition. Page 5 of 13 Energy Supply Support goal of 100% Overall, the Town is doing well with transitioning to renewable energy supply renewable energy supply as well as helping our for the electric sector by community transition to renewable energy under the 2030. PuRE program. Town also installs renewable energy, usually solar PV panels, in new facility construction. For Analyze and develop local instance, solar panels were installed as part of the Town renewable energy Hall tenant finish, Public Safety Facility and ARTF. Solar resources through waste- panels are included as part of the East Nottingham Park to -energy, methane Restroom project. There will be an analysis of capture, and anaerobic transitioning facilities from Natural Gas to Electric when digestion. planning for future building remodels. For instance, the Rec Center HVAC upgrades project includes an Consider heat waste assessment and plan for transition the building's heating utilization and renewable system from Natural Gas to Electric. There are multiple energy technology to Department Goals associated with renewable energy and power district scale energy, which clearly indicates that a sound energy snowmelt systems. policy is crucial to our success in the Climate Action Plan. While the Town continues in renewable energy Reduce methane leakage transition, there are areas of improvements and the next through natural gas system steps of helping the community transition is still a work in efficiency. progress. The following points provide a brief summary Explore the use of and progress of our current energy -related Climate microgrids in Eagle Action Strategies: County, where solar can Electric Provider Referral Checkbox: Land use be paired with storage to applications that include new construction are forwarded provide resiliency benefits to Mary Wiener at Holy Cross Electric (HCE). The intent for local emergency of this referral is to connect landowners and developers response infrastructure. early in their development process with our HCE partner. this connection early in design, prior to IncMaking or promote construction drawings, is intended to make efficiency renewable rene electricity use decisions earlier (i.e., solar design, electric heating) and through on -site solar or kick start rebate discussions. renewable energy offset programs offered through Heat Recovery System: We currently have more local utilities, particularly capacity than we are utilizing so have not explored when renewable electricity additional heat sources. We have added uses though by is paired with all -electric using the system to heat Town Hall. Street Improvement building systems. projects with pedestrian emphasis include Lake Street, The Pedestrian Mall south and east of Town Hall, Beaver Creek Boulevard Streetscape Improvements Project, and the Eagle Valley Trail extension from Avon Road to Stonebridge Drive. Town Council has directed us to not snowmelt pedestrian facilities. Energy Assessment by Schneider Electric: Staff has gathered utility bills from AMGas, Xcel and Holy Cross Page 6 of 13 from the last 3 years (2019-2021) so that Schneider Electric can help conduct an energy assessment that will help us determine areas of energy use improvement. This assessment is currently in progress. Solarize Eagle County: This is a community program that offers special discount for Eagle County home and business owners who want to install solar energy and battery storage. The benefits include decreasing GHG emission, building energy resiliency, and saving money. Materials Divert 80% of organics Promote Recycling for Multi -Family and Management currently landfilled by Accommodations Buildings in the Town Core: The 2030. West Town Center area has the highest concentration of multi -family and accommodations buildings. Staff will Divert 100% of all develop a contact list, determine existing practices, recoverable construction organize open house meetings with the building and demolition (C&D) managers, and identify opportunities to promote recycling waste from the landfill by for these properties. This will be discussed along with 2030 (some organic the Recycling Ordinance in a future Council Meeting. material may exist in this waste stream). Analyze a Recycling Ordinance: Research recycling ordinances from other communities, prepare recycling Divert yard waste from ordinance with options, stakeholder involvement plan and landfill by 2030 through implementation for Council consideration. An analysis implementation of county- of the most successful recycling ordinances from wide collection sites. cities in Colorado will be presented in a future Council Meeting, along with recommendations for Divert cardboard from the Multi -Family and Accommodation Buildings. In landfill. addition, the recycling report may include the following points: Implement a pay as you throw model county -wide. Reduce all plastic use • Improve recycling and composting Support and incentivize programs recycling and composting Create a complete "waste journey" services for multi -family documenting all stops along the way buildings which often face � Develop a better routine for recycling challenges, such as high sensitive paper documents resident turnovers and Improve recycling education contamination of recycling containers. Improve Waste Wizard UX design so it's more user friendly • Improve plastic recycle rate • Consider how to implement the Producer Responsibility Policy Page 7 of 13 Additional Staff comment on CAP Recommendations and Applicability in Avon: The new Eagle County Waste Diversion report was released on April 25t", 2022. The latest status of our Waste Diversion will also be discussed in depth in the Recycling Ordinance report. Carbon Pilot projects on open Conduct Small Scale Bio-Char Pilot Program: Sequestration space that use soil Research Bio-Char soil amendments this winter with high amendments to increase emphasis on safety measures, research bio-char carbon sequestration. production and application. Implement program mid to end of summer. Small scale bio-char experiments Incorporate soil -health have been conducted. Staff felt the experiments have education to improve not been successful and are working to figure out carbon sequestration and the problems. As an initial step, Staff will reach out engage the community in to the local permaculture organization New Roots Co stewardship. for consultation. Promote regenerative Implement Landscape Plan for Recreation Center: A agriculture to enhance soil- landscape plan will be developed in-house with Public health and carbon Operations for spring or summer implementation. Staff sequestration. will work directly with the Town's Arborist and Master Gardener to determine feasible and affordable Determine natural climate improvements. Staff has attended sustainable solutions plan to protect landscaping workshop hosted by Walking and enhance existing Mountains, the Town of Vail, Qualified Water Efficient carbon stocks in Eagle Landscaper (QWEL) and will carry out all County. landscaping activities with sustainability in mind. Additional Staff comment on CAP Recommendations Education & Implement a behavior Outreach change campaign to reduce single -occupancy vehicle commute trips 2 days per week by encouraging local businesses to provide smart commuting incentives or establish and Applicability in Avon: With the top two areas of focus being Building Electrification and Transportation, the discussion of Carbon Sequestration is virtually non- existent in Town at the moment. Staff observes that more research and consultation is needed to understand what the best way is to conduct carbon sequestration in Eagle County's particular alpine geography and ecosystem. Research Community Engagement Platforms: In 2022, Staff will research different platforms with a focus on ease of registration and formatting flexibility. Staff will work on determining potential platforms while exploring the potential of expanding current social media engagement on climate action. Implement High Quality Leadership Training: Identify and engage training sources to deliver impactful for all Page 8 of 13 policies to support multi - modal commuting, flexible work arrangements, and remote work. Grow capacity of Collaborative partners to submit public comment in support of local policy that will help achieve our Climate Action Plan goals. Support working groups in education and outreach efforts that are identified as critical to achievement of sector specific GHG reduction goals. Maintain climate messaging in the community through regular media presence, newsletters, and the CAC website. Promote and expand the Actively Green Business Certification program through participation in either the full certification program or the Green Business Trail Map. Establish a system of communication and outreach through Collaborative partners to push out county -wide climate messaging in an effective and consistent manner. Resiliency Resilience planning in Eagle County is separated into four different sectors: health and wellness; directors, managers, superintendents and supervisors. There is virtually no formal training for general Staff on sustainability at the moment. Some Staff members have expressed desire for sustainability training and have suggested climate action focus groups for the Leadership Team. An internal Sustainability Leadership Training should be developed. Additional Staff comment on CAP Recommendations and Applicability in Avon: More direct engagement and conversation about the climate crisis, by Staff trained to have such conversations with people, need to happen in order for behavior -change campaigns to go beyond the typical and ineffective methods of climate communication, such as making posters. There needs to be programs that focus on helping people develop strong critical thinking abilities so that they can overcome long- term cultural and media conditioning; for example, overcoming our "love" of cars or lawns. Finally, it is clear that our marketing effort is lacking to promote climate - related content. With the exception of work on flood interventions by Engineering, water efficiency practices for irrigation and wildfire prevention by Public Works, the Town does not currently have a comprehensive "climate resiliency plan". Page 9 of 13 economy; infrastructure; The development of a climate resiliency plan will be and natural resources. cross -departmental, with potentially external consulting The primary goals of from fields such as public health, permaculture, ecology, resiliency planning are to biology, forestry, hydrology, fire science, renewable 1) build community equity, energy and engineering, etc. In the face of rapid climate trust, and civic change, it is crucial that Town begins to formulate and engagement, 2) ensure the implement a climate resiliency plan alongside the other health, safety, and well- Climate Action Strategies so that we are properly being of all community prepared for adverse effects already caused by current residents, visitors, and climate change. Resiliency planning is a good reminder workers during and after a to avoid carbon tunnel vision, as the climate crisis will disaster and 3) support affect our lives in many different ways. frontline communities in preparing for and Staff plans to take the following steps to develop a recovering from extreme climate resiliency plan in 2022: weather events. - Develop a resiliency plan structure according to the Eagle County Resiliency Plan. The Climate Action Plan - Conduct more research to understand existing further provides specific resiliency practices. recommendations for - Identify potential resiliency -building partner Water, Wildfire and organizations from the list of Climate Action Energy. Organizations. Research more organizations as needed. - Contact potential partners for advice and relationship building. - Instead of having resiliency as a separate plan, incorporating it into existing Department activities as much as possible. - Present the Climate Resiliency Plan in the 4th quarter. Town of Avon Internal Climate Action Strategies In addition to the Climate Action Plan priorities discussed above, additional sustainability planning with Staff was conducted to address the following items: 1. Understanding what specific assistance each Department needs to improve or achieve their sustainability goals. 2. Establishing effective communication between Departments to easily identify areas of collaboration for cross -departmental Climate Action Strategies. 3. Identifying new climate action strategies based on the IPCC mitigation report 2022, missing pieces in the current plan, and the level of unique and innovative contribution Avon stands to make by adoption of these strategies. A major purpose of the internal sustainability planning is to establish sound support for all Town Employees regarding sustainability goals, to make sure everyone's concerns or questions about sustainability are heard, and to continue strengthening everyone's sustainability ownership via continued education, training and leadership development. It is expected that while some of these strategies are more suitable to be implemented and developed in Town first, they will eventually be promoted to the Avon community. Page 10 of 13 All Climate Action Strategies Red — Climate Action Plan priorities already in progress / Green — Internal sustainability practice already in progress / Blue — New projects to be discussed. Departments Climate Action Strategies All departments Develop educational programs o Strengthen communication about sustainability o Conduct climate action focus groups for Leadership o Improve onboarding and training options regarding climate action o Conservation psychology training o Avoid carbon tunnel -vision o Youth & student outreach o Latinx community education and outreach o Cultivate sustainable culture, behavior and wellness • Recycling ordinance o Reduce all plastic use o Improve recycling and composting programs o Create a complete "waste journey" documenting all stops along the way o Develop a better routine for recycling sensitive paper documents Improve recycling for multi -family and accommodation buildings o Improve recycling education o Improve Waste Wizard UX design so it's more user friendly o Improve plastic recycle rate o Consider how to implement the Producer Responsibility Policy • Research our financial institute and divert away from banks that invest in the fossil fuel industry • Consider all 3 pillars of sustainability for policy consideration (fostering economic growth and development, while ensuring that natural assets continue to provide the resources and environmental services on which our well-being relies) • Affect policymaking at the State or Federal level • Develop environmental justice consideration guidelines • Research various aspects of resiliency and develop plans around them (including hazard mitigation and natural resources conservation) • Apply for environmental and climate action grants • Establish relationships with farmers and ranchers on environmental stewardship • Hydrogen fuel research Planning • EV infrastructure plan o Research ethical solutions for EV production and transition • Climate investment index • Building code 2021 adoption and amendments • Building electrification Page 11 of 13 • Getting other municipalities to adopt climate -friendly codes • Research carbon sequestration options on Town -owned open spaces. Engineering . Energy use benchmarking • Energy tracking • Heat recovery system and education • Bus barn energy conservation Police • Consider stained glass for PD windows for extra security and energy conservation • Awning for police vehicle parking • Prepare for an anti -idling education campaign in the fall Research geothermal heating for PD building Special Events . Maintain the current waste diversion rate at Avon events (improve where possible) • Improve communication with sports events participant to reach waste diversion goals • Reduce existing plastic use further • Host sustainability specific events • Connect arts and culture to sustainability Marketing & . Produce a recycling video Communications . Design both summer and winter reusable bags to promote environmental awareness • Climate & sustainability specific social media posts • Climate copywriting according to different audiences • Promote behavior change programs targeting climate actions Highlight and celebrate residences who contribute to climate action Public Works • Continue investigating bio-char production • Update contracts with custodial services so our trash and recycling get processed properly • Improve irrigation efficiency and save water • Practice responsible landscaping & compositing • Develop public education and outreach about water & irrigation • Finish Actively Green checklist Mobility & Fleet • E-bike share program • EV charging station management • E-bus implementation • Improve carpool system • Develop and improve public transit system Page 12 of 13 Rec Center • Strengthen compositing practice for food waste from staff and birthday parties • Upgrade to auto sinks • Upgrade to LED lights • Upgrade HVAC systems • Develop a better routine for recycling toxic chemical containers • Develop recycling education for kids & patrons. • Consider removing or composting paper towels at bathrooms • Add extra recycling bins next to all trash bins Overall, both CAP priority strategies and Town's internal strategies are presented together as a visual, editable, interactive mind map so these strategies can be continued developed with greater transparency and efficiency. The map can also show the connections between many of the strategies. FINANCIAL CONSIDERATIONS: Each project will have different financial considerations. The overall cost may come from multiple departments depending on the project. Financial resources will prioritize CAP strategies. NEXT STEPS: The next steps in the Climate Action Strategies process are to (1) discuss with each Department Director to refine the strategies and define action plans so that we continue making progress in all Climate Action Strategies, (2) add various climate action organizations and grant sources that would be the most helpful in achieving these strategies, (3) create Gantt charts for all CAP priorities and (4) incorporate Town Council comments and suggestions. REQUESTED COUNCIL DIRECTION: Council direction or input is welcome on any of the Climate Actions strategies, goals or programs discussed in this Report. Thank you, Charlotte ATTACHMENTS: Attachment 1: Eagle County Climate Action Plan, Update 2020. Attachment 2: Town of Avon Climate Action Strategies Interactive Mindmap Link Attachment 3: IPCC Mitigation Report (Published April 2022; please consult p.51 for the list of mitigation options) Page 13 of 13 A ATTACHMENT B . vo n C 0 L 0 R A D O Summaries of Net Zero Climate Action Plans Worldwide Adelaide Adelaide and the South Australian community are taking significant action to tackle climate change. Carbon Neutral Adelaide is the community's shared ambition to work together and make the City of Adelaide one of the world's first carbon neutral cities. The City of Adelaide adopted its Carbon Neutral Strategy 2015-2025 plan, which includes targets for the City of Adelaide community to have net zero carbon emissions by 2025 and for City of Adelaide organization to have zero net carbon emissions from its operations by 2020. This was followed by the Carbon Neutral Adelaide Action Plan 2016-2021 which outlines a way forward for mobilizing efforts to achieve carbon neutrality for the City of Adelaide. The City of Adelaide supports mitigation activities to reduce Council Administration and community GHG emissions through initiatives such as energy and water efficiency, including the uptake of renewable energy and sustainable water technologies in facilities, as well as encouraging their community to do so through the City of Adelaide's Sustainability Incentives Scheme. Adelaide has also supported their most vulnerable members of the community by providing flexible finance arrangements for solar PV energy systems through a separate rate mechanism. Adelaide partners with other councils in their region on climate change adaptation to reduce risk exposure and enhance the city's resilience to a changing climate. Their achievements build upon their international reputation as a green, liveable, smart and creative city. By playing their part to address this global challenge they are maximizing the economic, social and environmental opportunities of technological and behavior change. Website: https://www.carbonneutraladelaide.com.au/ Amsterdam Amsterdam is taking action now to ensure the city remains a healthy and inclusive one for everyone into and beyond 2050. The city's Climate Neutral Program focuses on reducing CO2 released within the city of Amsterdam as a result of energy use. An energy transition is a top priority for Amsterdam to become a carbon -neutral city: a structural transformation of the energy system away from fossil fuels such as oil, natural gas and coal. Amsterdam's emissions reduction ambitions include making local traffic emission -free by 2030, and for the city to be natural gas -free by 2040, among other things. The city wants the energy transition to be a just transition, with the costs and benefits distributed fairly and for everyone to have equal access to the decision -making process. It's working closely with leaders and citizens in the energy transition, removing obstacles, and inspiring and encouraging others to take action and build networks. Website: https://www.amsterdam.nl/en/policy/sustainabilitV/policy-climate-neutrality) Page 1 A ATTACHMENT B . vo n C 0 L 0 P A D O Summaries of Net Zero Climate Action Plans Worldwide Boulder In December 2016, Boulder City Council formally adopted goals to guide Boulder's climate action efforts, including reducing community -wide greenhouse gas emissions 80% from 2005 levels by 2050; reducing emissions from city operations 80% below 2008 levels by 2030; and achieving 100% renewable electricity community -wide by 2030. All part of the city's Climate Commitment document, the adopted goals also include progress indicators and targets for local renewable energy generation, energy efficiency, electric vehicle adoption and waste and water reductions for key milestone years. In Nov. 2017, Boulder voters passed measure 2L to continue funding the city's municipalization efforts. The city will continue to work towards forming its own locally owned utility, which is the primary strategy for achieving a 100% renewable electricity supply. In 2018, Boulder continued to implement and improve core climate and energy programs including its Building Performance Ordinance for efficiency in commercial and industrial buildings, updating energy codes, SmartRegsrental housing efficiency requirements, one-on-one business and residential advising and reducing landfill emissions through the implementation of the Universal Zero Waste Ordinance. The development of a Climate Action Plan will provide an actionable roadmap for the next five years in the areas of energy, resources and ecosystems. In 2018, staff focused on implementation innovative strategies related to local solar development and electric vehicle adoption, as well as exploring alternative and additional pricing mechanisms and revenue sources for future climate work. Pilot projects are underway to increase resilient energy infrastructure and support the conversion of residential natural gas -based appliances to renewable -ready electric appliances, in addition to innovative community projects to reduce emissions through the Boulder Energy Challenge. Boulder's 2021 Climate Action Plan update includes the following key goals: • Act beyond its boundaries, collaborating with partners, other cities, and government agencies to achieve impact at a larger scale, on topics within the city's sphere of influence. • Focus city actions in support of achieving larger regional and national climate targets including: o Reduce emissions 70% by 2030 against a 2018 baseline o Become a Net Zero city by 2035 o Become a Carbon -Positive city by 2040 • Allocate necessary time and resources to address the impacts of climate change in an equitable manner. • Build resilience and strengthen community capacity to adapt and thrive. • Focus attention on natural carbon drawdown, which is becoming an increasingly important tool for managing emissions. • Account for the full scope of emissions in our community, including emissions associated with the creation of the goods and food purchased. • Address new focus areas for climate action including land use and financial/economic systems. • Bring the community together with renewed urgency to address the climate emergency and achieve clarity on the required next steps. Page 2 ATTACHMENT B AvonC 0L0HAIJ0 Summaries of Net Zero Climate Action Plans Worldwide Boulder maintains its engagement of the community on the topic of climate action, including its partnership on the Boulder.Earth climate action website and work with community groups, like local faith communities, in addition to engagement related to municipalization. Website: https://bouldercolorado.gov/governmenVdepartments/climate-initiatives Copenhagen Copenhagen has major climate ambitions and aims to be the first carbon neutral capital in 2025. The population of Copenhagen is expected to grow by 20% in the next decade, and Copenhagen wants to show that it is possible to combine growth, development and increased quality of life with the reduction of CO2 emissions. To pursue that goal the City Council adopted the ambitious CPH 2O25 climate Plan in 2012. The CPH Climate Plan 2025 is based on four pillars: • Energy Consumption • Energy Production • Mobility • City Administration Initiatives. Energy consumption will only account for 7% of the total CO2 reduction, but from an overall economic perspective, energy savings are the cheapest way to cut emissions. Partnerships with private building owners and businesses are key to reach saving goals. The production of electricity and heat for Copenhageners is currently the biggest source of CO2 emissions and it is absolutely critical that coal, oil and natural gas are replaced by renewable energy. Efforts in this pillar accounts for 80% of the total reduction in 2025, and it's well underway: a new biomass fueled combined heat and power plant opened in 2019 and several more wind turbines were built soon after. Getting around Copenhagen should be easy, healthy and efficient. Most of the CO2 emissions from transport come from road traffic, and this makes restructuring of road transport a necessary component to cut emissions. In 2025 at least 75% of all trips must be done by foot, by bike or by public transport. One large challenge is to make a much faster change to vehicles driven by electricity, hydrogen and biogas. The work put in by the city administration may only represent 5% of the total CO2 reduction but it has huge significance as a source of inspiration for others. Leading the way in cutting energy use and running vehicles powered by alternative fuels enhances the City of Copenhagen's credibility. Website: https://kk.sites.itera.dk/apps/kk pub2/index.asp?mode=detalje&id=2062 Glasgow Glasgow is undertaking widespread transformation to both adapt to and mitigate against climate change. Recently, Glasgow City Council declared a climate and ecological emergency and formed a working group that produced 61 recommendations on how the city could respond to the emergency. The city has committed to becoming a Net Zero Carbon City by 2030. Page 3 A ATTACHMENT B . vo n C 0 L 0 R A D O Summaries of Net Zero Climate Action Plans Worldwide Website: https://www.glasgow.gov.uk/councillorsandcommittees/viewSelectedDocument.asp?c=P62AFQDNZLZLDN DNZ3#:-:text=The%20recent%20publication%20of%20Glasgow's,zero%20carbon%20emissions%20bv%2 02030%E2%80%9D. Hamburg Hamburg's goal is to reduce emissions by 55% by 2030 in comparison to 1990. The city aims to reduce emissions by at least 95% in order to achieve climate neutrality by 2050. Hamburg is committed to cutting 7 million tons of CO2 emissions by 2030. Taking into account the potential of the nationwide electricity mix and the Hamburg district heating, another 4.1 million tonnes of CO2 have to be reduced by a mix of further measures in Hamburg. Website: https://www.hamburg.de/contentblobl4028914/6bdf8a2548ec96c97aaObO976b05c5d9/datalbooklet- en lisch . df Helsinki The objective of Helsinki is to make Helsinki carbon -neutral by 2030, to zero emission by 2040 and carbon negative after. This goal will be achieved by reducing the greenhouse gas emissions in Helsinki by 80%. The remaining 20% will be compensated for by Helsinki taking care of implementing emissions reductions outside the city. To meet the carbon -neutrality objective for 2030, the use of fossil fuels needs to be reduced in Helsinki's heating production. Helsinki's objective is to stop using coal entirely in the 2030s, at the latest. The City itself only produces under 10% of the emissions within the City borders, which means that a carbon -neutral Helsinki can only be reached with close cooperation between the municipality and residents. Website: https://helsinginilmastoteot.fi/en/city-act/helsinki-climate-obiectives- monitorina/#:—:text=Helsinki's%20aoal%20is%20to%20be,for%20examDle%20extreme%20weather%20 enomena. Minneapolis Minneapolis is committed to reducing greenhouse gas emissions and has adopted targets to reduce community -wide emissions 15% by 2015, 30% by 2025 and 80% by 2050 using 2006 as a baseline. In 2015, Minneapolis greenhouse gas emissions from citywide activities decreased by 17.5%, exceeding the established reduction goal. Looking towards the future, the City continues to use existing progressive carbon emissions reduction strategies and is mapping a more sustainable future in the Minneapolis 2040 comprehensive planning process. Page 4 A ATTACHMENT B . vo n C 0 L 0 P A D O Summaries of Net Zero Climate Action Plans Worldwide Minneapolis is a leader in building energy efficiency: in 2013 the City adopted the Commercial Benchmarking Ordinance, allowing building owners and the city to track energy and water usage to determine opportunities for improvement. Minneapolis is focused on increasing the use of local renewable energy and shrinking the waste stream by encouraging reuse and increasing recycling of both organic and inorganic materials. In 2017, the Zero Waste Plan was adopted and will help the city reach its zero waste goal to recycle and compost 50% of its overall waste stream by 2020, 80% by 2030, and achieve a zero -percent growth rate in the total waste stream from 2010 levels. The City is working to reduce the number of vehicle miles traveled in Minneapolis while improving accessibility and building walkable, safe and growing neighborhoods that meet the needs of all residents. Check out Minneapolis's ten year transportation plan Access Minneapolis. Focusing on equity and environmental justice, the City has established two Green Zones. These two areas serve as a place -based policy initiative aimed at improving health and supporting economic development using environmentally conscious efforts in communities that face the cumulative effects of environmental pollution, as well as social, political and economic vulnerability. Minneapolis is also a part of a first -in- the -nation partnership that brings together the City of Minneapolis, Xcel and CenterPoint Energy in support of the City's Climate Action Plan and 2040 Energy Vision. Together the Clean Energy Partnership continues to plan, implement and track new approaches to delivering energy efficiency, energy choices and renewable energy to Minneapolis residents and businesses. Website: https://www2.minneapolismn.gov/qovernment/programs-initiatives/climate-equity/minneapolis- climate-action-plan/ Oslo The City of Oslo strives to be a leading agent in the transformation to a greener and more inclusive society. This requires major readjustments in both energy and transport use. Greenhouse gas emissions in Oslo have increased by 25% since 1990. Reversing this trend and starting to curb emissions will be challenging. However, the analysis upon which this strategy was built, indicates that the targets are achievable. Oslo's Climate and Energy Strategy aligns with the City of Oslo's Municipal Master Plan "Oslo towards 2030: Smart, safe and green". This master plan is the municipal government's overarching strategy for future development in the city. The Climate and Energy Strategy is a roadmap outlining how the green shift should be implemented in order to achieve Oslo's climate targets for 2020 and 2030. It was adopted by the City Council on 22 June 2016. Page 5 ATTACHMENT B AvonC 0L0HAIJ0 Summaries of Net Zero Climate Action Plans Worldwide The strategy shows how we will take a clear stand in the transport sector, wherein pedestrians, cyclists and public transport users will be prioritized and where Oslo aimed to reduce car traffic by 20% by 2020 and by 33% by 2030. The Climate effort will be organized more clearly and will be a cross-sectoral task for the City of Oslo. The targets of the Climate and Energy Strategy for Oslo are: • To reduce greenhouse gas emissions by 36% by 2020 and; • by 95% by 2030. Oslo has made significant GHG reduction progress in a number of areas: Greenhouse gas emissions per capita are falling, and the number of people traveling by public transport, cycle and on foot is rising — at the expense of car traffic. Oslo has the world's highest proportion of electric cars and is a city defined by its proximity to green spaces, open areas and the Oslo fjord. Oslo has a cycle -based waste management system where waste is converted to useful products and Oslo has an expanding green commercial sector. 61 percent of the emissions in Oslo derive from transport, of which around half are attributable to the transport of people, and half to goods transport and construction activities. The transport sectors will require the most determined efforts moving forward. In order to reach the targets, a climate budget is in operation, to ensure implementation of measures necessary to fulfill Oslo's climate goals. Website: https://www.klimaoslo.no/wp-contenVuploads/sites/88/2020/09/Klimastrategi2O3O-Kortversion- ENG 2608 enkeltside.pdf Portland Portland has addressed climate change for nearly 25 years and has steadily cut carbon emissions for more than a decade. Since 2000, when local emissions peaked, Multnomah County's emissions have consistently declined. Among other factors, these reductions are due to a combination of: • Improved efficiency in buildings, appliances and vehicles. • A shift to lower -carbon energy sources like wind, solar and biodiesel. • More walking, biking and public transit. • Reduced methane emissions from landfills and more composting and recycling. In 2014, total carbon emissions in Multnomah County were 21 % below 1990 levels. Portland continues to significantly outperform national emissions, which are up 7% over 1990 levels. Page 6 A ATTACHMENT B . vo n C 0 L 0 P A D O Summaries of Net Zero Climate Action Plans Worldwide The joint City of Portland and Multnomah County 2015 Climate Action Plan builds on Portland's legacy of climate action. The Climate Action Plan provides a roadmap for the community to achieve an 80 percent reduction in carbon emissions by 2050, with an interim goal of a 40% reduction by 2030. The Climate Action Plan identifies over 170 actions to be completed or significantly underway by 2020. The City of Portland and Multnomah County have been working systematically to implement these actions since adoption. Nearly all of the actions in the 2015 Climate Action Plan are already underway. In June 2020, Portland released a Climate Emergency Declaration and a progress report in 2021. Website: https://www.portlandoregon.gov/bps/index:cfm?c=49989 San Francisco San Francisco is at the forefront of regional, state and national climate action, reducing emissions 28% below 1990 levels, while the population has grown 19% and the local economy 78%. At the heart of the nine -county Bay Area in Northern California, San Francisco is proving that aggressive climate goals are good for the economy, the health and well-being of their residents and for the Earth. Through collective action, San Francisco will reduce greenhouse gas emissions 80 percent below 1990 levels by 2050. The City's Climate Action Plan provides the "0-80-100-Roots" vision for how they will meet this challenge: 0 — Zero waste to landfill. 80 — 80% of trips made by sustainable modes (public transit, walking, biking). 100 —100% renewable energy to electrify the built environment, including the movement of people and goods. Roots — Protecting urban green spaces and growing the urban forest to enhance biodiversity and sequester carbon. This will require inclusive and equitable participation of community in climate and sustainability decisions, an investment in capacity building activities such as providing residents tools, education, and job opportunities, and engagement of people throughout the city in programs, policies and initiatives to will ensure the city is prepared for the future. Website: https://sfenvironment.org/climateplan Seattle In 2011, Seattle adopted the goal to become carbon neutral by 2050. We have made substantial progress toward this goal through investments in shifting our transportation away from single occupancy vehicles, such as walking, biking and transit, as well as vehicle electrification. Over the last decade, we have guided Page 7 ATTACHMENT B AvonC 0L0HAIJ0 Summaries of Net Zero Climate Action Plans Worldwide growth to transit -accessible urban villages, increased affordable housing, and supported leading building and energy codes. As one of the fastest growing cities in America — Seattle add 57 new residents every day — the city must continue to explore bold actions to ensure we meet our climate goals and do our part under the Paris Climate Agreement. The focus of these actions is in our largest emissions sectors: buildings and road transportation. The overall approach to carbon reductions in our buildings is to provide information, financial and other incentives, and technical assistance, while establishing strong standards for efficiency and emissions. To reduce transportation emissions, we are leveraging both technological advances and cultural shifts in how people move around our city to reduce trips and transition our cars, trucks, and buses to fossil fuel -free solutions. Seattle City Light is the first carbon neutral utility in the nation. Our climate policies are created through a race and social justice lens, to ensure those who are most impacted by climate change and issues of affordability have the opportunity to benefit from solutions. Seattle's Equity and Environment Agenda will guide us as we work with communities of color and lower income residents to create economic opportunities, mitigate cost burdens, and improve quality of life through climate action. Website: https://www.seattle.gov/environment/climate-change/climate-planning/climate-action-plan Stockholm The vision of a climate -smart Stockholm forms the basis for the Strategy for a fossil -fuel free Stockholm 2040, a strategy that describes how the city needs to work to meet and manage the challenge of climate change by reducing human impact on the global climate and making a successful transition from a society built on fossil fuels to one based on renewables. This essential shift also creates opportunities. Demands for renewable energy, improved energy efficiency and other green solutions are driving the development of a rapidly growing sector. This strategy provides us with the tools we need to become a fossil -fuel free city. It is the foundation on which a sustainable Stockholm will be built. Fossil fuels currently account for approximately 30% of total energy use. This equates to emissions of 2.7 tonnes of CO2e per person (2015). The toughest challenge is that facing the transport sector; it is here that the need for action is most urgent. Electrification and a transport efficient city development are key areas. In 2040 residual fossil fuel is most likely to be found in the aviation and shipping industries. In the energy sector, too, fossil -based plastics are likely to continue to be present in waste that is incinerated in heating plants. To compensate for these residues, carbon sinks can be developed to reduce the city's climate impact by absorbing atmospheric carbon dioxide. In the shorter term the strategy proposes measures that are those over which the municipal authorities and companies have the greatest power to act. The measures correspond to a reduction of 533,000 tonnes of CO2e between 2013 and 2019 and include actions such as bioenergy heat -and- power plants, promoting biking and public transport in the traffic planning, incentives for electric cars and renewable energy production such as biogas and solar power. Page 8 A ATTACHMENT B . vo n C 0 L 0 R A D O Summaries of Net Zero Climate Action Plans Worldwide Website: https://international.stockholm.se/news/2020/06/environment/ Vancouver Vancouver's Greenest City Action Plan (GCAP) was adopted in 2011 as a comprehensive climate action plan to support the city's transformation to a low -carbon, thriving economy. The GCAP contains 10 goals and 17 targets, from green buildings and transportation, to supporting local food and access to nature, to fostering a green economy and resident action around climate change. Website: https://vancouver.ca/green-vancouver/vancouvers-climate-emergencV.aspx Page 9 ATTACHMENT C AvonC 0 L 0 H A D U Top Five Net Zero Strategies: Examples from around the World Accelerating carbon -reduction targets o San Francisco produced a 40-page technical report, "Focus 2030: A Pathway to Net Zero Emissions," to show how deeper emissions reductions were possible. ■ Energy supply: a continued increase in renewables, with 100% renewable electricity by 2030. ■ Buildings: New buildings are net zero emissions by 2030; about 3% of existing buildings are retrofitted for energy efficiency every year, resulting in nearly 100% efficient existing building stock that is all -electric no later than 2050. ■ Transportation: By 2030, 80% of all trips in city are taken by walking, biking, or transit, and 25% of private vehicles registered in San Francisco are electric. ■ Zero Waste: waste generation is reduced 15% and disposal is reduced 50% by 2030 despite population growth. Expanding solutions for reducing local emissions o Vancouver has set limits for new building construction so that by 2023 the vast majority will be zero emissions and has targeted 2025 for beginning carbon limits on existing buildings. The city expects that heat pumps will be an important solution for both. For existing buildings, the city developed a retrofitting strategy with incentives to support voluntary transitioning before 2025 and, ultimately, new regulations that require replacement of heating systems with zero emissions equipment. Beginning in 2025 the city will fine targeted building owners whose facilities exceed specified GHG emissions levels —a policy that can lead owners to switch from natural gas to electric heating systems. (The city's mostly hydro -electricity supply is nearly 100% clean.) The regulatory regime will start with large commercial and large single-family buildings, since they have the best business case for and ability to fund the retrofits. o Mornington Peninsula Shire plans to restrict new natural gas connections for buildings and will develop a natural gas phaseout strategy for existing buildings. o Bristol plans to expand its district heating network, fueled by low -carbon sources, to buildings in the central city. It estimated that 160,000 gas boilers in buildings across the city have to be replaced with electric heat pumps, which will require providing financial incentives to building owners as well as regulations requiring a phase out. o Iowa City, meanwhile, is advancing a number of policies to drive increased energy efficiency. It intends to encourage local realtors to include energy performance in property listings, a way to help homebuyers make educated decisions and drive sellers to improve energy efficiency. In another effort to generate energy -performance data it will require owners of larger buildings to annually report energy performance to the city. The city will launch an incentive program to encourage local industries to reduce energy consumption and will consider rebating a portion of building -permit fees for construction projects that meet enhanced energy standards. o Iowa City is studying the use of discounted or no fares for riding the city's bus system as a way to increase transit ridership. o Oslo is raising the age limit for free child travel on public transit to six from four. Page 1 ATTACHMENT C AvonC 0 L 0 H A D U Top Five Net Zero Strategies: Examples from around the World o San Francisco intends to use congestion pricing and expansion of its transit system —more Bus Rapid Transit corridors, system upgrades, and facility investments. It will also expand its bicycle and pedestrian networks and continue to develop housing and businesses near transit stations. o Barcelona is improving conditions for pedestrians and bicyclists, increasing the number of traffic -calmed streets (reducing speed limits on more than half of the city's streets), and improving the quality, connectivity, and safety of its bicycle network. o Glasgow is rolling out car -free zones at schools and other locations that have larg numbers of potentially vulnerable pedestrians, building on a pilot at a school. o Vancouver plans to increase efforts to make the city more walkable by developing more neighborhoods that are livable, compact, and complete, with daily destinations, such as shops, services, jobs, parks, schools and community centres within walking distance of where people live. It seeks to double by 2030 the 45% of city residents who currently live within an easy walk/roll of their daily needs. As a starting point, the city will develop a tool to evaluate how walkable and resilient each neighborhood is. It will also invest in upgrading major public transit projects. The city's plan calls for "transport pricing" on vehicles driving in the city centre and for introduction of a parking permit and pricing regime for city streets that will include a surcharge on vehicles based on their carbon emissions. o Bristol is developing a plan to consolidate freight transport in the city, drastically reducing the number of delivery trips. And the city plans to reduce parking capacity for non -ultra -low emission vehicles and increase car parking charges. Communities are also making new efforts to accelerate the use of zero emissions vehicles. o San Francisco, seeking to achieve a 25% electric vehicle adoption rate, will accelerate efforts to develop a publicly available electric vehicle charging network, including in off- street parking facilities. o Vancouver intends to expand the electric vehicle charging infrastructure in the city and adopt parking policies that encourage and eventually require zero emissions vehicles. The city plans to institute "zero emissions zones" in areas and corridors of city to discourage and eventually ban polluting vehicles. By 2030, according to the emergency plan, 50% of the kilometers driven on Vancouver roads will be by zero emissions vehicles. Vancouver plans to add 500 electric -assist bicycles to the public bike -sharing system. And the city intends to levy a fee on vehicles driving into the central core. o Oslo plans to convert all public transport, including busses and ferries, to zero emissions by 2030. o Copenhagen is working to establish clean shore -based power for moored cruise ships, an alternative to the ship's traditional use of diesel -fuel generators. o San Francisco, already a global leader in waste reduction and the collection and composting of food scraps, is exploring new technologies that can recover all organic materials before disposal, with a goal of deploying these before 2030. o Mornington Peninsula Shire intends to reduce emissions from landfills by adopting a zero - waste strategy to achieve 100% diversion of materials from landfills by 2030. Page 2 ATTACHMENT C AvonC 0L0HAIJ0 Top Five Net Zero Strategies: Examples from around the World o Iowa City intends to expand efforts to engage the local construction and development sector to reuse and recycle construction waste. It is developing a policy to require construction projects above a certain size to submit a waste management plan before beginning construction. o Barcelona is rolling out a zero -waste strategy by greening city festivals and events, using reusable cups/glasses, cutlery, and plates, and organizing repair workshops and low -waste fairs and conferences. o Glasgow wants its school system to eliminate plastic waste —a concern children and young people expressed in city surveys —by moving toward "plastic -free" meal service. o Glasgow is accelerating the development of an energy service company that will produce more locally generated low -carbon energy. o Barcelona is easing regulations and increasing financial incentives for property owners to install rooftop solar facilities. o Bristol also focused on rooftop solar generation on residential and non-residential buildings, noting that there is the potential to generate 500 megawatts of solar energy, but only 28 megawatts are being produced so far. o Iowa City expects its main electricity provider to deliver 100% renewable energy by 2021, primarily by adding wind power, but the city is also partnering with the University of Iowa, which has a large local campus, to help it eliminate the use of coal at its power plant by 2025. o Melbourne, which has already purchased 100% renewable energy for municipal operations, plans to increase renewable energy purchasing by businesses and residents in the city. Tackling emissions produced outside local boundaries o Bristol calculates that about 50% of the city's emissions footprint are due to "imported consumption emissions" produced outside of the city to create goods and services used by city residents and businesses. The city's emergency plan notes that consumption emissions have equity implications: "As individuals we can influence the size of our carbon footprint by how much and what we buy, and those people on higher incomes have larger footprints and are therefore able to make the greatest contribution to reducing emissions. o Barcelona found that nearly 13% of its emissions were generated by the city's port and airport, including from the fossil fuels burned by cruise ships, ferries, and international flights. "We want a city with a critical and responsible attitude towards consumption," the city's emergency plan says.'% It called for the port and airport to reduce emissions and review their growth plans. o Iowa City obtained a grant to inventory the consumption -based emissions that its residents and businesses are generating. The funding came from the Urban Sustainability Directors Network, which connects more than 180 local governments in North America to accelerate the work of their sustainability and climate professionals. The tool had been created by Vancouver, another USDN member. Toronto is also going down this path, planning to measure, monitor, and reduce consumption -based emissions. o Bristol notes that the majority of food consumed in the city and in most other communities is produced outside of the city and transported into the city. Page 3 ATTACHMENT C AvonC 0L0HALJ0 Top Five Net Zero Strategies: Examples from around the World o Vancouver estimated that 20% of its consumption -based emissions comes from food. The city encourages residents and restaurants to shift to more plant -based diets, which are less carbon intensive to produce: "Given that limited food production occurs within city limits, the City's role will likely focus on residents' eating habits and institutional food provision. o Barcelona describes a range of actions that could reduce food -based emissions: "We need to opt for local, agro-ecological production, increase the supply of and access to local, ecological fresh produce, reduce the consumption of animal protein and highly processed foods, and offer everyone the tools to facilitate the transition to a healthier and more sustainable way of eating. Among the city's actions: restricting the opening near schools of food establishments selling highly processed fast food that is high in protein. o Portland, for example, required the offset of carbon emissions from city -related air travel. o Barcelona identified a number of ways it might reduce the carbon emissions of the city's port and airport, including electrification of wharfs, machinery, and fleets at the port and a study of how to promote trains instead of short flights (distances under 1,000 kilometers). o Oslo set a target for reducing maritime traffic emissions by 85% by 2030, an increase over the previous 50% target. Replacing or converting the Oslo port's passenger and local ferries to non -fossil fuels could produce about half of the desired reduction. o Vancouver targeted embodied emissions in new buildings and construction projects to be reduced 40% by 2030 from a 2018 baseline. This will mean a shift in construction practices to use more mass timber, low carbon concrete, prefabricated and modular construction, recycled aggregates and asphalt, and eliminate spray foam insulation. o Oslo, meanwhile, requires that all new public buildings be built with "fossil -free" construction machinery and established what is thought to be the world's first zero emission, all -electric jobsite. An added benefit of the effort: improvements in air quality and reductions in noise. Drawing down carbon through natural means o San Francisco has been a world leader in producing compost from locally collected organic materials. Nearly 100% of residential and commercial properties in San Francisco are equipped for organics collection service. The city currently generates approximately 187,500 tons of urban green and food waste per year, which when processed yields 70,000 tons of compost. The city will continue to add to the 750,000 tons of compost the city has provided to farms, vineyards, and fruit and nut orchards since 1997. It reports that 1 ton of organic waste with food scraps can produce .37 tons of compost and 1 ton of compost applied to rangeland soil can sequester up to .66 tons of CO2 annually. o Vancouver directed that by 2030 enough restoration work on forest and coastal ecosystems in the city and surrounding region will have occurred to remove 1 million tons of carbon pollution annually by 2060. Among the strategies: increase the city's tree canopy; collaborate with indigenous peoples to restore lands; undertake large-scale restoration of shorelines; and conserve large tracts of coastal forest. o Glasgow will build on partnerships within the region to increase tree planting. "Immediate action should be taken to significantly increase the numbers of trees within the city to capture carbon," states priority #71 in the city's plan. But, it emphasizes, "given the very tight nature of Glasgow's boundaries... the city needs to take a more expansive look Page 4 ATTACHMENT C AvonC 0L0HAIJ0 Top Five Net Zero Strategies: Examples from around the World across the metropolitan area to see what opportunities there are for tree planting and other forms of carbon sequestration. o San Francisco has identified thousands of city -owned acres with opportunities for more restoration. It plans to add 50,000 street trees during the next 20 years. o Sydney intends to increase tree canopy cover and vegetation on public lands and support private landowners in increasing their tree canopy. o Oslo is focusing on increasing urban farming by preserving school gardens are establishing new public land for gardening/farming. o Mornington Peninsula Shire intends to develop and implement a carbon sequestration implementation plan that will emphasize local terrestrial revegetation, soil carbon, and blue/teal carbon programs. o Melbourne, which has planted 22,000 trees since 2012, plans to increase canopy cover to 40% from 22% by 2040. o Copenhagen committed to supplementing its ongoing efforts to plant 100,000 trees in the city by purchasing farmland outside of the city and planting a new, semi -urban woodland in cooperation with neighboring cities. o Stockholm plans to address its projected residual emissions, mostly from plastics in waste incineration, by capturing and storing carbon and increasing biochar production. Since 2017 the city has been producing biochar by collecting garden and yard waste and using a carbonization process to turn the waste into biochar. The biochar is used in gardens and sold to other local authorities for use to grow plants and trees in parks and public spaces. The city plans to add more biochar plants to its single plant; at full capacity this could sequester more than 25,000 tons of CO2. Upgrading local government's decarbonization capacities o Barcelona, Bristol, Stockholm, Sydney, and Vancouver are initiating carbon budgets, a tool launched by Oslo in 2017 to boost the effectiveness of local climate action management. o Barcelona, Mornington Peninsula Shire, and Sydney are adding low -carbon and sustainability criteria to their procurement guidelines for the goods and services they purchase and the assets, such as property, that they own. o Bristol, Melbourne, and Portland are reaching out to neighboring communities, local businesses, and universities for decarbonization collaborations, as described below. o Iowa City imposed a small, emergency property tax increase to raise nearly $1 million USD- •-year to fund climate -emergency actions. The increase will cost property owners a relatively small amount —only $24 USD yearly on every $100,000 USD of property value. The city's authority for an emergency increase is part of existing state law and has been used in the past to deal with flooding. o Mornington Peninsula Shire and Iowa City favor grant programs to fund carbon -reducing initiatives by residents and community organizations. In addition, Mornington Peninsula will be facilitating competitive offers to encourage community uptake of sustainable options such as solar panels, batteries, electric vehicle charging infrastructure, and electrical equipment to replace gas appliances. Page 5 ATTACHMENT C AvonC 0 L 0 H A D U Top Five Net Zero Strategies: Examples from around the World o London works with pension funds and other investors to divest from fossil -fuel businesses and boost investments in energy efficiency, and low -carbon transport and heating. o Several cities are fast -tracking climate actions. Vancouver, for example, identified 53 "accelerated actions" already under development or awaiting approval that it could implement without delay. The list provided to city council covered a wide range of actions, including pilot programs to reduce use of motor vehicles by developing more compact, pedestrian -and bike -friendly neighborhoods, to increase decarbonization of existing buildings, and more. o Melbourne fast tracked the switch of 10 Council buildings from gas to electricity and delivery of 44 kilometers of protected bike lanes in four years. o Barcelona is speeding up the installation of renewable -energy generation in municipal buildings (nursery schools, cultural and sports facilities, etc.). o Bristol turned to Oslo's carbon budget tool so the city will "be able to quantify its carbon emissions and understand the impacts of all new major plans, policies, and projects." The budget, the city says, will be "a way of ensuring that the council knows the cumulative climate consequences of its decisions and its progress toward its carbon neutrality goal. o Vancouver began to develop a carbon budgeting and accountability framework. The budget "can help enforce more rigorous approaches to managing carbon" and help to "communicate the impact of carbon -reduction efforts to the public." The city plans to develop and test a carbon budget for corporate emissions first, involving nearly all city departments. o Mornington Peninsula Shire, which annually purchases about $18 million AUD of goods (about $11.6 million USD), not including capital projects, is setting sustainability and recycled -content standards for Shire procurement. o Barcelona is drawing up guidelines for public procurement with low -carbon criteria. o Melbourne fast -tracked changes to its purchasing model to increase the use of recycled materials. o Iowa City is establishing a city policy to mandate purchase of electric and alternative -fuel vehicles. o Melbourne, for instance, is building a local business coalition to advance efforts to develop circular economies that eliminate waste. o Vancouver's emergency response acknowledged that the carbon -reduction plan of the British Columbia, the province within which it is located, provides "an excellent foundation" for aligning city -province efforts. And the city is engaged at the metropolitan level in developing a regional response for reducing carbon, guiding growth, and updating the regional transportation strategy. "The higher the degree of alignment between the City and the region," Vancouver states, "the more likely that the collective regional response ... will align with the objective of limiting global warming to 1.5°C. o Portland's leading climate -change agency, the Bureau of Planning and Sustainability, was directed by the mayor to work collaboratively with Multnomah County and community -led organizations to establish a new, ongoing governance structure to engage youth and "frontline communities" in developing recommendations to guide the city's climate actions. Page 6 ATTACHMENT C AvonC 0L0HAIJ0 Top Five Net Zero Strategies: Examples from around the World The new structure will develop and recommend actions that guide the city "in its delivery of community benefits that meet the city and county's 2030 carbon reduction goals. o Bristol established an Environmental Sustainability Board, co-chaired by the mayor and containing about 15 organizations from inside and outside of city government, to manage its accelerated climate -action approach. Also, in response to Bristol's request, two local universities established an advisory committee on climate change that provides technical expertise to organizations in the city. o Iowa City's Community Climate Action Grants program is designed to inspire and promote public involvement in implementing the city's climate emergency plan. It provides up to $5,000 USD to local community -based organizations for projects that promote or implement one of 35 actions in the city's plan and that can be completed in a year or less. o Mornington Peninsula Shire intends to establish a grants program to fund community groups and business associations to achieve climate emergency goals. o Bristol has also included small grants for community -led climate action in its plans. Page 7 A ATTACHMENT D avon Technical Definition of Net Zero C o L o R 4 Il Frankhauser et al.'s 2022 paper in Nature describes that while the concept of net -zero carbon emissions has emerged from physical climate science, Net Zero is operationalized through social, political and economic systems. They identify seven attributes of Net Zero, which are important to make it a successful framework for climate action (Figure 1). The seven attributes highlight the urgency of emission reductions, which need to be front -loaded, and of coverage of all emission sources, including currently difficult ones. The attributes emphasize the need for social and environmental integrity. This means carbon dioxide removals should be used cautiously and the use of carbon offsets should be regulated effectively. Carbon offsets: Reducing GHG emissions or increasing GHG removals through activities external to an actor. Offsetting is typically arranged through a marketplace for carbon credits or other exchange mechanism. Net zero must be aligned with broader sustainable development objectives, which implies an equitable net - zero transition, socio-ecological sustainability and the pursuit of broad economic opportunities. More than 1,750 communities across the globe have acknowledged the climate emergency with official declarations. Throughout various emergencies in history, including the most recent COVID emergency, it is evident that communities worldwide can step up and provide effective leadership in times of danger. Similarly, we cannot set aside the essential work of eliminating GHG emissions and preventing climate turbulence. This is why more and more cities' elected officials are taking a stand, by officially declaring a climate emergency and seeking to drive down local carbon emissions more rapidly and extensively than once thought feasible. A small portion of these communities have gone a big step further in developing and implementing extraordinary new actions to rapidly reduce emissions. This report will provide a breakdown of climate action plans from 24 communities and identify the top 5 common decarbonization strategies they share. However, Net Zero emissions can mean vastly different scenarios depending on the context. Theoretically, any community, or even fossil fuel companies, that set net -zero emission targets can continue spewing out GHG emissions while claiming that future carbon capture technologies will make up for all of their emissions. This section unpacks the implications of "net -zero" pledges. What they mean, whether they're effective tools, and whether they might actually be doing more harm than good. All Net Zero goals must be focused on eliminating emissions. Only ambitious emissions reduction schemes from the imperial core and multinational corporations can pull us back from the precipice of climate chaos. Real zero emissions targets force us to come to grips with destructive capitalist pursuits. This means keeping all fossil fuels in the ground. It means building a 100% renewable world instead of fossil fuels, replacing industrial agriculture with agroecological permaculture, and embracing a simpler life instead of a consumerist one. But while we strive for a real zero world, we must reduce the harm of false net -zero targets. That means pushing for transparent pathways, tangible milestones, or even as one paper argues, separating targets for emissions reductions and negative emissions. True emissions reduction considers three scopes of emissions. Page 1 A ATTACHMENT D Avon Technical Definition of Net Zero C 0 L 0 R A D 0 Figure �5.2] Overview OFGFIG Protocol scopes and emissions across the value chain FXC..WN.- HFCs PFCS SF6 Scope 2 INDIRECT Scope 3 INDIRECT Wearyo... �u l leases %� em� Wmmmuong Scope 1 DIRECT company facilities e enzportawn me ai,u;ePaon s P acts p � Lltl Scope 3 INDIRECT ® lesseln eMapGfe trewnent of As the problem of climate change became more recognized, governments and nonprofit organizations developed a standard framework for measuring the carbon footprint of a community, nation, or company. It has three different scopes. Scope 1: Direct emissions from activities of residents, businesses, and governments in the community. This includes from fuel combustion by vehicles and gas boilers in buildings. Municipal Examples: direct fossil fuel combustion used in buildings, facilities, computers, vehicle fleet, and transit fleet. Scope 2: Indirect emissions from electricity purchased and used by residents, businesses, and governments in the community. The emissions are created during the production of electricity from fossil fuels. Municipal Examples: purchased electricity, heat or steam used in buildings, facilities, fleet, street lights, and traffic signals. Scope 3: All other indirect emissions from activities of residents, businesses, and governments in the community from sources they do not control or own. These include emissions from residents' air travel outside of the community and emissions created during the production of goods, such as food, that are made outside of the community but consumed by residents. Also known as consumption or imported or embodied emissions. Municipal Examples: employee commute (including flights), solid waste, water and wastewater treatment facilities, purchased goods and services, shipping of purchased goods, and leased assets. Definitions of Communities' Carbon Emission Targets Communities use several different terms to describe their emissions reduction targets, some of which mean the same thing, while others mean something a little different. Below are definitions of all the targets that the communities in the study are using. Page 2 A ATTACHMENT D avon Technical Definition of Net Zero C o L o R 4 Il Carbon Neutral means that whatever human caused GHG emissions remain ("residual emissions") after climate actions are used to reduce emissions as close to zero as possible are balanced out by removing carbon from the atmosphere. Net Zero Emissions is the same as "carbon neutral" but the phrase signals that the primary goal is to phase out fossil -fuel energy and only have small amounts of "residual" carbon to offset. Zero Emissions means that all energy sources in the community —engines, motors, processes, etc. —emit no GHGs. Essentially this means 100% renewable electricity and electrification of everything. Fossil -fuel free (used by Stockholm) means the city has eliminated use of fossil -fuel energy to the extent that its powers permit. The residual carbon must be offset using local means to capture carbon. Climate Positive means going beyond achieving net zero or zero emissions to actually create an environmental benefit by removing additional carbon dioxide from the atmosphere. Another term for this is "carbon negative." Page 3 TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator and Eric Heil, Town Manager RE: Budget Retreat: Climate Action 8 Sustainability Programs Avon n DATE: October 21, 2022 COLORADO SUMMARY: This report presents the proposed budget for the Town of Avon sustainability goals and programs in 2023. Council provided direction in early 2022 that all Climate Action goals should be a Tier 1 priority for immediate focus. Town of Avon created the position Sustainability Coordinator in eady 2022 to provide dedicated staffing to coordinate overall Climate Action goals and programs and to provide dedicated Staff focus on spectfic Sustainability goals and programs. The proposed Sustainability budget includes an increase from $20,300 in 2022 to $70,771 in 2023 to support the activities of the Sustainability Coordinator. Some existing expenses were moved into this Sustainability Budget. Many other expenses to Sustainability reside in other Departments (e.g. electric bus purchases in Mobility, debris flow hazard mitigation in Capital Improvements, etc.). The proposed 2023 Sustainability budget is a rough estimate of costs for certain activities. Many of these goals and programs are new, therefore, we expect actual costs to be refined as these programs are further developed. The expectation is that Staff will periodically update Council on all Sustainability goals and projects throughout the year. BACKGROUND: Sustainability programs are considered as activities that include Climate Action, Water Quality and Water Conservation and Resiliency. "Climate Action" is specifically focused on reducing greenhouse gas ("GHG") emissions. Resiliency includes hazard mitigation and improvements to infrastructure to better withstand natural hazard events. An overview of proposed Climate Action strategies is set forth in the table on the following pages. Many of these strategies are multi -year and inter- departmental. The goals and programs for sustainability will involve Staff time beyond the Sustainability Coordinator, including General Government, the General Government Intern, Community Development, Fleet, Mobility and Operations. 2023 SustainabilityBudget Books and Education TT Feasibility Study for Composting $ 5,000 Printed Educational Materials (Recycling, Climate Action and other sustainability efforts $15,000 Develo ment of Marketing Content $12,500 Memberships (Actively Green, International Council for Local Environment, Recycle Colorado $ 3,050 Events PuRE Sign -Up, Sustainability Workshops) $10,000 Advertising $ 8,860 Eagle River Watershed Council $ 7,000 Video Production $ 6,600 Miscellaneous $ 1,761 Thank you, Charlotte and Eric 970-748-4083 clin@avon.org 2023 Goals and Programs What this goal accomplishes Simplified Work Plan in 2023 Financial Consideration Building Understand Building o Research and monitor State and Intemal Staff work, no Benchmarking Benchmarking municipal building benchmarking additional financial cost Programs programs a Report on lessons learned from initial implementation o Determine goals and purpose for any local building benchmarking program • Develop recommendations for Avon Recycling Implement Ordinance a Create information materials and Internal Staff work, Ordinance 22-13 conduct community outreach on design and printing of requirements of Ord 22-13 to educational materials achieve implementation and compliance by Nov 1, 2023 Sustainability Increase awareness, a Develop and implement education Staff to implement, cost Education & support and materials and programs for Staff of marketing included in Marketing implementation of and for Avon community sustainability marketing Sustainability programs . Establish a robust marketing and budget. More marketing and policies communication workflow for all budget ($5-10k; not in sustainability education. Attachment A) may be needed to recenstruct our websites. Avon GHG Identity the possible . Engage consultant to develop Budget proposed for inventory extent of Avon's GHG Avon baseline. consultant $10K—$15K baseline in order to (not included in measure GHG Attachment A) reduction and effectiveness of Climate Action programs and policies Fleet Conversion Reduces green house . Continue to purchase electric and Staff to implement, no to Electric and gas emissions from hybrid vehicles additional financial cost Hybrid Vehicles Avon's fleet other than electric vehicles may be more expensive than comparable fossil fuel and hybrid vehicles. E-Bike Incentive Promote increased use . Application process and Staff to support Program of a -bikes administration is already administration, Page 2 of 4 established. Council direction on appropriation of funds eligibility is required for rebates Research Net Zero Understand the lifestyle, . Research and compile information Staff to implement, no Communities regulations, and on Net Zero Communities, appropriation required investments of Net Zero prepare presentation to Council Communities Climate Action Assists with . Prepare and present Climate Staff to implement, no Investment Matrix understanding return on Action Investment Matrix in a appropriation required investment for Climate format that can be regularly Action programs updated to reflect new investments Vehicle Idling Promote awareness • Prepare and implement Staff to implement, cost Prevention and support to minimize educational materials to reduce of marketing included in Education vehicle idling vehicle idling sustainability marketing budget. Develop a program Break down the . Research programs in other Collaborative effort to promote inventory of all buildings communities to promote and between Sustainability electrification and in order to make implement energy reduction and Community reduction of appropriate through electrification and building Development energy use of recommendation for improvements existing buildings electrification based on . Research potential grants for Grant Funding: benchmarking data. building electrification and energy Resilient and Efficient This contributes to the reduction Codes Implementation Net Zero Housing goal. . Development and propose (RECI) program to promote electrification and energy reduction of existing Staff to implement; no buildings extra cost in 2023. Double PuRE Involve more Avon • Determine existing number of Sustainability Staff; registration rate residents and PuRE registrants in Avon and assistance from Gen businesses to use identify target for end of 2023. Gov Intern, $5,000 to renewable energy, . Design and launch a PuRE support sign-up events which contributes to the promotion campaign. Collaborate Net Zero Housing goal. with Holy Cross on the promotion. • Conduct PuRE sign-up events to promote awareness and participation Sustainability Improve community . Develop a consistent content plan Staff to administer, Marketing Program wide awareness and for social media, monthly costs included in support for newsletters and local media marketing sustainability goals and outlets such as the Vail Daily and programs radio stations. Page 3 of 4 Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024. . Create 3-10 cubic yards of biochar as a pilot project, apply in 2-4 identified landscape areas . Research labs that can analyze and evaluate biochar quality and how effective the biochar is working. . Research long-term and Town- scale implementation of biochar. Nominal cost for pilot project. Staff can execute in-house. Composting Develop options with . Review local and peer community Sustainability Staff, Gen Program identified costs for a composting programs. Gov Intern. community wide . Review service and potential Feasibility study composting program, or programs with local waste haulers. budgeted $5,000. initial pilot project, to be . Evaluate options for a local implemented in 2024. composting operation to serve Avon versus a regional composting operation. • Prepare a concept composting program for Avon businesses with a focus on restaurants. • Conduct community outreach with residential users, restaurants and other Avon businesses to identify support and barriers to a community wide composting program Long Range Identify alternatives to . Mobility will solicit and review Mobility Division will Planning for Micro- traditional transit that proposals from micro -transit lead effort to research Transit can serve communities providers and assist with potential micro -transit not on existing transit identifying areas that may be service in Avon lines and which reduces potentially served with micro - single occupancy transit vehicle trips Page 4 of 4 TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager Justin Hildreth, Town Engineer Eva Wilson, Public Works Director Matt Pielsticker, Planning Director Avon RE: Avon Water Conservation Efforts DATE: February 08, 2023 c o l 0 F A D 0 SUMMARY: The report provides an update to Council and the Planning and Zoning Commission on the Town of Avon's water conservation efforts, including a summary of Avon's water rights and uses. Colorado and the west has experienced prolonged drought conditions over the last 15 years. The Colorado River basin is not providing enough water to meet the growing needs of the west. Lake Powell and Lake Mead are now at their lowest levels since these projects were built and initially filled. It is now clear that the reduction of natural water supplies in the Colorado River basin due to drought conditions results in water supplies which are not adequate to meet demand. Therefore, reduction of water demand through water conservation will be a necessity. Council has indicated strong support for water conservation policies. Effective municipal planning includes planning for infrastructure to serve development as approved in zoning and as contemplated through comprehensive plan documents. Town has structured its water rights and agreement terms with the Upper Eagle Regional Water Authority to coordinate our water rights portfolio with the demands for water use created by development of all properties. Although Town's existing water rights portfolio is adequate on paper there is uncertainty about the physical availability of water due to climate change and long-term persistent drought conditions. There is also uncertainty over federal intervention of water use in the Colorado River Basin due to shortages of water delivery to the Lower Colorado River Basin and effect of the Colorado River Compact. Even though Avon's water rights predate the Colorado River Compact, it is foreseeable that significant pressure for water conservation will be required for the entire Colorado River basin. Adoption and implementation of water conservation strategies are intended to protect the Town legally and politically from any future actions to force curtailment while implementing the Town's planning function to coordinate water capacity to serve all properties under current zoning. An effective water conservation policy requires an understanding of (1) current water rights and their limitations, (2) the different categories of water use and their different degrees of consumption, (3) reasonable water uses based on the assumptions in the underlying water decrees, (4) the ability to access, monitor and report actual water use data, and (5) the adoption of appropriate policies and regulations to require water conservation. The basic definition of "conservation" is to prevent the wasteful use of a limited resource. Staff has worked to assemble all related water rights and water use information to serve as the foundation for a formal water conservation policy. Staff recently retained Wright Water Engineers to assist with evaluating water calculations. Town's water attorney Richard Mehren has also assisted with reviewing Town's water rights. 1. TOWN OF AVON WATER RIGHTS Town's water rights portfolio consists of (1) Town of Avon water rights which are leased to the Upper Eagle Regional Water Authority, (2) Town of Avon water rights for raw water irrigation, (3) water rights from the 970.748.4004 eric@avon.org Upper Eagle River Water Authority portfolio which are assigned to serve the Town of Avon, and (4) water rights conveyed by Traer Creek to serve the Village (at Avon) Development. WATER LEASE AGREEMENT WITH UPPER EAGLE REGIONAL WATER AUTHORITY: The Town of Avon joined the Upper Eagle Regional Water Authority ("UERWA") in the late 1990's. Previously, the Town of Avon operated its own water system through the Avon Metropolitan District. The UERWA is a water partnership authorized by statute which includes the Town of Avon, Arrowhead Metro District, Beaver Creek Metro District, Berry Creek Metro District, Eagle -Vail Metro District and Edwards Metro District. The Town of Avon leases it's water rights to UERWA which lease agreements include guarantees to serve a specific number of "Single Family Equivalents" ("SFEs") in the Town of Avon. UERWA provides water service under the terms of a master service agreement. In 2005, the Town of Avon renegotiated the Lease Agreement for the administration of all Avon water rights with UERWA. The scope of the Lease Agreement includes all areas previously served by Avon Metropolitan District water service, generally consisting of the Town of Avon boundaries and excluding the Eaglebend Subdivision, Gates and Folson parcels (currently Acent and Frontgate), and the Village (at Avon). During the negotiation process, Staff completed an analysis of water consumption, existing zoning, and future water demand. During this analysis, the Town reached an agreement with UERWA resulting in the total water available for the Town of Avon to total 386.03 consumptive acre-feet (ac-ft). This amount of water will serve up to 4,984 SFEs of domestic water service, of which 4,793 SFEs are allocated to existing subdivided lots and 191 reserved for future municipal services or public -private partnership projects, for example. A SFE is the assumed water required for a residential property up to 3,000 SF that contains a kitchen facility. The terms of the Lease Agreement align with the Town's development planning in order to provide water service to new developments up to the maximum allowed underlying zoning, including increased water service for properties which are redeveloped. The Lease Agreement has been amended four times to include the Riverfront Subdivision, Basecamp, Wyndham timeshare, and Brookside redevelopment and now includes a commitment by UERWA to serve 5,282.45 SFEs. ALLOCATED WATER RECONCILLIATION: The Town has historically tracked development information, including existing and projected dwelling units, with an Excel spreadsheet. The spreadsheet includes Single Family Equivalent ("SFE") information in addition to development data (e.g. square footage of structures, lot information, etc). Staff has been working closely for the past several months with Micah Schuette, Planner for Eagle River Water and Sanitaiton ("ERWSD"), to reconcile served SFE numbers and the Town's historic tracking system. The purpose of this project is to better define existing use, projected development, and to identify potential unallocated water rights that may exist. This project includes reviewing water billing information for developed properties and ensuring that the allocated SFE information is accurate. This effort has included meshing the two data sets together and sorting through 1,100+ separate accounts to validate and/or correct information. This spreadsheet shows a current snapshot of SFEs served, by neighborhood, compared with SFEs assigned to properties based upon zoning and potential buildout. Development patterns have not tracked precisely with the assumptions made in the Town's assignment of SFEs to a lot. Residential properties in Wildridge are typically larger than 3,000-SF and utilize more than 1 SFE. Several other properties in the Town Core are utitlizing fewer Page 2 of 8 SFEs than assigned including Riverfront, Post Office, Walgreens, and Buck Creek Subdivsion (Walking Mountains). The Village (at Avon) water is treated separately as described below. AREA OF a ASSIGNED TOS r ON a r + FUTURE r WildridgelWildwood 794 955.3 Mountain Star 185.6 226.7 Old Town Valley Floor 2814.4 3745.8 TOTAL 3,794 4927.8 SFE GUARANTEE 53282.45 UNASSIGNED SFEs 354.65 Notes: 1. For underdeveloped properties in Wildridge(eg.Single-Family or Duplex), one additional SFE is projected for future development units. Please note that residences are typically larger than 3,000 sq. R 2. Town Center zoned properties were based upon 30 dwelling units/per acre 3. Light Industrial property allocations are based upon typical commercial tap size, plus up to 4 residential unit per original Light lndustdalZoning. Additional Community Housing not contemplated. 4. Community Housing projects on Town properties not included. VILLAGE (AT AVON) PUD WATER RIGHTS: The Town of Avon annexed the Village (at Avon) in 1998. As part of the original Annexation and Development Agreement, Traer Creek LLC agreed to provide water rights to serve the planned development Traer Creek Metropolitan District conveyed water rights to the Town, and the Town in turn conveyed to the Water Authority for all potable needs in the Village (at Avon). The agreement is to provide 106.3 acre-feet of consumptive use, per year, in accordance with depletion factors from the projects augmentation. The 106.3 acre-feet is calculated as 180.6 acre-feet per year less 74.3 acre-feet per year reserved for the Town's raw water irrigation. As part of the 2014 set8ement agreement with the Village (at Avon), Traer Creek LLC and Town agreed to establish a "Water Bank" to track the project's water use. The amount of consumptive use to serve the development is to be based on estimated demand, depletion factors and other assumptions built into the Town's Augmentation Plan as mentioned above. In 2019 ERWSD provided their interpretation of consumptive use for the project at that time. Since then, individual projects have provided estimates of consumptive use at the time of building permit. Tmer Creek LLC is currently working with their own water engineer to further refine the "Water Bank." The Town intends to vet the Water Bank rationale with Wrightwater Engineering, hired by the Town as consultants for water related projects and initiatives. The dual -brand hotel is currently under Construction (3.25 ac.ft. estimated), and the Mavenk Gas Station perrnit is expected soon (.54 ac.ft. estimated). The current balance for consumptive use in the Village (at Avon) is approximately 85 ac.ft. out of the total 106.3 ac.ft. This represents roughly 20% use of the "Water Bank" and the Village (at Avon) has developed approximately 20%of its entitlements. Under the existing Page 3 of 8 development agreement and Village (at Avon) PUD Guide, has the right to develop another 1,835 residential units and 470,017 sq.ft of commercial property. The consumptive water use numbers for the Water Bank will be further refined with Tom's consultants and with consultation by the UERWA. UERWA ASSIGNED WATER RIGHTS: In addition to the water rights leased and conveyed to the UERWA, the UERWA has built a portfolio of water rights to serve its members and additional service areas such as Cordillera. From this portfolio of water rights the UERWA has assigned various rights to provide "augmentation" to the Town of Avon's water rights as well as "allocation" of additional water rights to serve additional development approvals since joining the UERWA. The rights of the Town and other members of the UERWA are defined in the 2015 Authority Agreement Amending and Restating the Agreement Establishing the Upper Eagle Regional Water Authority and the Master Service Contract. NON -POTABLE WATER RIGHTS: The Town of Avon operates two separate non -potable irrigation systems. The Avon water system (Benchmark Lake, aka Nottingham Lake) is used to provide non -potable irrigation water to portions of the original Avon town plat. The Village (at Avon) water system is comprised of Nottingham reservoir (dam), the Nottingham and Puder ditch, and one or two planned lakes which have not yet been constructed. The raw water system map below shows the water sources and flow routes for our non -potable water system. Page 4 of 8 The below tables summarize the non -potable irrigation system water rights owned by the Town of Avon. Non -Potable Irrigation System Water Rights Owned by Avon Water Decreed Total Flow Rate or Original Appropriation Adjudication Subsequent System Name Source Location of Vse Decreed Uses Volume Decree Date Date Decrees Benchmark Eagle River and municipal, domestic, irrigation, 168.3486 AF, Avon Not specified W 3582 6/1/1977 12/31/1977 Lake Buck Creek industrial, and commercial uses absolute domestic, commercial, industrial, fire protection, sewage treatment, On -channel irrigation of open space, parks, lawns Nottingham reservoir on and gardens, recreation, fish and 20.1 AF, absolute 14CW3022 Not specified 94CW113 5/31/1994 12/31/1994 (made 20.1 AF Reservoir Nottingham wildlife propagation, maintenance of 1.9 AF, conditional Gulch adequate storage reserves and absolute) reservoir evaporation, augmentation, replacement and exchange Village 74 acres in the (at On -channel Avon) Nottingham reservoir on same general Reservoir Nottingham location as was irrigation and stock watering 22 AF, absolute 94CW113 8/1/1940 12/31/1994 historically Gulch irrigated domestic, municipal, quasi -municipal, Eagle River commercial, industrial, fire protection, 27 AF, conditional; Village (at through the Village (at Avon) irrigation, recreation, fish and wildlife right to fill and refill; Lake. 97CW306 5/20/1997 12/31/1997 and Nos. 1 and 2 Nos. Nottingham and Development uses, replacement of reservoir will fill at rate of up Puder Ditch evaporation, storage, augmentation to 5 cfs and exchange Non - Potable Irrigation System - Historical Consumptive Use Credits owned by Avon Water AF of Consumptive System Name Water Lease Agreement or Deed Use Credit Supplementa V ater Lease w'th Portion of Ayon's Changed Senior the UER4,VA: Avon eased Avon Water Rights remaining 22.3;b of'ts LEAF of 19.59AF consumptive use cred'ts dezreed in Case Nos. 4,V-35E4 and F,1LC'da225 Direct flow and other water rights Village associated with the non -potable 5pez'a 1 arranty deed dated (at Avon) irrigation system approved in Case Dezember 19, 2: 12 recorded at ?�.3 AF No, 97CW305 Rezept'on No. 2u1—.1???9 RAW WATER SYSTEM: The Town of Avon maintains a raw water system for non -potable irrigation that is separate from the potable water system operated by the UERWA. The raw water system is used to irrigate Town -owned properties including Harry A. Nottingham Park, Main Street Mall, Avon Road, and portions of West and East Beaver Creek Blvd and Post Blvd. The Town operates two irrigation distribution systems, Town Center and Village (at Avon) neighborhoods. Town Center System: The Town Center System is used to irrigate Harry A. Nottingham Park, Main Street Mall, Avon Road, Avon Station, West Benchmark Road, West Beaver Creek Blvd from Lake Street to Avon Road, and East Beaver Creek Blvd from Avon Road to Beaver Creek Place. A pump station adjacent to the Pavilion obtains water from Benchmark Lake and distributes the water throughout the system. The system was originally built as part of the park around 1980 and expanded incrementally over the last 40 years. Page 5 of 8 Benchmark Lake is fed from three sources, Buck Creek, Nottingham-Puder Ditch, and Metcalf Ditch. Buck Creek is the primary source because of its reliability and cleanliness. The Nottingham-Puder Ditch is frequently down because it requires maintenance at its headgate and non -piped segments. The required Nottingham Puder Ditch maintenance to improve its reliability is budgeted in the Capital Improvements Plan over the next several years. Metcalf Ditch water is comingled with urban runoff, adding sediment and debris, making it a less ideal water source. Village (at Avon) System: The Village (at Avon) system irrigates Post Blvd including the roundabouts, East Beaver Creek Blvd near the Piedmont Apartments, and the park between Walmart and Home Depot. The system will irrigate two parks, one or two small lakes, and roadways in the Village (at Avon) as the project is developed. The Nottingham-Puder ditch diverts Eagle River water at the headgate underneath the 170 bridge over the Eagle River and US6 in Eagle -Vail. A pump station located west of Post Blvd adjacent to the Piedmont Apartments distributes the water into the irrigation system. The Town owns 80% of the water rights in the Nottingham-Puder ditch and is responsible for the maintenance of the ditch as outlined in the Village (at Avon) Raw Water System Operations Agreement dated August 1, 2014 ("Attachment A") 2. CATEGORIES OF WATER USE AND CONSUMPTION The right to use water is based on water decrees adjudicated in water court. Colorado, like most western states, has a unique and elaborate legal system to allocate the right to use water, which is based on the doctrine of "Prior Appropriation". The doctrine of Prior Appropriation gives the right to use water to the person who first diverts water and puts the water to beneficial use. Through this system of Prior Appopriation those with a higher (earlier) right are considered "senior" and those with a lower (later) right are considered junior. When there is not enough water to serve all water uses a "call" can be placed on a river which then restricts the right of the most junior water users to use water. Water which is used and returned to the river may be used by others downstream. The amount not returned is considered "consumptive use". Transmountain diversions to the front -range are considered to be 100% consumptive use because no water returns to the Colorado River Basin. Indoor uses have a low consumption rate, typically ranging from 5-8%, because most of the water that is used indoors is piped to the waste water treatment plant, then returned to the Eagle River after treatment. This means that if a household uses 6,000 gallons for domestic indoor use with an 8% consumption rate, only 480 gallons are considered consumed. A water right to serve this household only needs to be the amount of water "consumed". Outdoor water use for irrigation has a much higher consumptive rate. The irrigation water rights for the original Town Plat state that irrigation water is 75% consumed while the water rights with the Village (at Avon) state that irrigation water is 80% consumed. To illustrate, if 100,000 gallons is used for indoor use, only 8,000 gallons are consumed; if 100,000 gallons is used for outdoor irrigation in the original Town plat area 75,000 gallons are consumed; and if used in the Village (at Avon) then 80,000 are consumed. Outdoor irrigation "consumes" water at 9.3 to 10 times the amount of indoor water use, or put another water, Town of Avon needs 9.3-10 times more water rights to serve irrigation than indoor water use. There are many other complexities associated with water rights. Colorado has an independent water court. Any change in water use, including the point of diversion, the point of return, the type of use, and the time of use, requires a water user to file in Water Court for change in the decree. Any other water user who believes they may be "injured" by this change has the right to make objections. In order to address and Page 6 of 8 resolve potential injuries a water user can propose an "augmentation plan" which provides alternate water sources to augment a return flow that is not adequate to prevent injury. Augmentation plans often times include releases from reservoir projects. Water law is an infinitely complex topic which will be stress tested in the years to come as drought conditions persist in the Colorado River basin. For the purposes of this report and work session it is important to understand that outdoor irrigation is a significant concern for water conservation due to the high consumptive use rate associated with outdoor water use. 3. REASONABLE WATER USES BASED ON WATER DECREES Each water decree includes assumptions about water use and consumptive use rates for indoor and outdoor water use. Staff is working with our water attorney and water engineer to analyze the existing decrees and propose numbers for acceptable water use in Avon. Each decree includes assumptions regarding indoor and outdoor use for residential, commercial, industrial and public water use. Different water decrees originated to serve certain portions of Town. 4. ACCESS, MONITORING AND REPORTING OF WATER USE A critical component of water conservation is to review water use and determine users and areas where water usage can be reduced or where water use is unreasonable and not acceptable. Staff is working with UERWA to determine the most efficient manner to share water user information with the Town for these purposes. The Town would maintain confidentiality in the same manner as the UERWA maintains, meaning that portions of individual utility user information is not considered a public record under the Colorado Open Records Act. Monitoring and reporting on actual water use in the Town of Avon is essential to confirm that Town is effectively implementing water conservation strategies. 5. WATER CONSERVATION POLICIES AND REGULATIONS Town has substantial unused water rights capacity to serve future development in the original Town Plat portion of Avon and for the Village (at Avon). The Town is not close to using its existing water rights at this time. Water conservation policies are important to ensure that the Town's existing water rights can serve all development demands as the Town is full developed over the course of next 40-50 years. Staff is working on several approaches to water conservation, including (A) reviewing Town of Avon's water use, primarily irrigation water, to verify that Town of Avon is not using more water than allowed, (B) design and install a more efficient irrigation system, (C) replacing landscape and streetscape plantings with water wise and xeriscape plants, (D) updating the Town's landscape regulations for new development, (E) exploring educational and incentive programs to promote water conservation by individual water users, (F) researching regulations to propose which would establish limits for water use by individual water users, and (G) compiling all this information into a Water Conservation Strategy that includes water demand management. Town's nendina water conservation efforts are briefly described as follows: Staff has transitioned our landscape and streetscape plantings from annuals to perennials over the last several years and has installed drip irrigation rather than spray irrigation for most plantings. Staff has also Page 7 of 8 identified areas of Kentucky bluegrass in our streetscape which is used only for aesthetic purposes and which are appropriate for transition to a waterwise groundcover. Staff has applied to the Colorado Water Conservation Board for an $80,000 design project ($60,000 grant plus $20,000 Town cash match) to design a new irrigation system for the original Town Plat, assess Town of Avon's existing landscaping and streetscape and design replacement plantings where appropriate, and design 5 demonstration gardens in partnership with UERWA. We hope to hear about this grant application in the next month. Town's irrigation system in Nottingham Park is 40 years old and is due for replacement with a modern and more efficient irrigation system with better controls and monitoring. The Nottingham -Puler Ditch needs maintenance and repair to restore is functionality. Wright Water Engineers are assisting Staff with developing a comprehensive plan for updating the Town's irrigation systems. The plan will include these elements: 1. Maintain (control vegetation) and repair the Nottingham/Puler ditch (line or pipe) 2. Repair of the Nottingham/Puler ditch's headgate 3. Bring Nottingham Dam into compliance with the State 4. Repair and replace Avon's lawn and plantings' irrigation system ("Attachment D") 5. Continue to develop a comprehensive Water Management Plan to include sustainable practices Town Council has passed 1st reading of updated Landscape Regulations and is scheduled to consider 2nd reading at its regular meeting February 28, 2023. The updated Landscape Regulations will be supplemented with a Landscaping Guide tailored to Avon's climate zones, education efforts to coincide with the annual Town Clean -Up, and futher research into potential incentives. Staff plans to propose amendments to Town's existing water use regulations by this spring to establish water use limits for water users based on the underlying water decrees and water conservation policies. Staff will continue to research and pursue grants that can support Town's efforts with water conservation. Through the course of 2023 this information will be compiled into a draft Water Conservation Strategies document to be presented to Council. Thank you, Eric, Justin, Eva and Matt ATTACHMENT A: Village (at Avon) Raw Water System Operations and Maintenance Agreement ATTACHMENT B: Feb 20, 2022, Non -potable Irrigation Water Rights Summary (Mehren) ATTACHMENT C: Irrigation System Priority Repair Plan and Water Curtailment plan ATTACHMENT D: Irrigation System Assessment Report Page 8 of 8 ATTACHMENT A THE VILLAGE AT AV RAW WATER SYSTEM OPERATIONS AND MA]NTENANCE AGREEMENT This The Village (at Avon) Raw Water System Operations d Maintenance Agreement (the "Agreement') is made and entcrW into as of this 19' day of 2011 by and between the Town of Avon, a home rule municipal corporation f the State of Colorado (the "Town7% and the Traer Creek Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado ("TCMD"). RECITA" A. WHEREAS, the Town, TCMD and other parties entered into that certain Settlement Term Sheet dated October 7, 2011, in order to settle litigation among the parties in consolidated civil action Case No. 2008CV385, Eagle County District Court, arising from various disputes concerning The Village (at Avon) real estate development which property is legally described in the attached ExhibittAA (the "Property"). Pursuant to paragraph 3(e) of the Settlement Term Sheet, TCMD agreed to convey to the Town certain water rights that service the Property, which in turn are to be conveyed from the Town to the Upper Eagle regional Water Authority ("Authority"). The Town, TCMD, the Authority and other parties subsequently entered into that certain Traer Creek Water Storage Tank Agreement, dated iYiprch 3a , 2U1 �, which set forth, among other things, which water rights would be conveyed and the specific terms and conditions for the conveyance; and B. WHEREAS, TCMD has conveyed to the Town by Special Warranty Deeds the water rights described in the attached Exhibits B and C (the "Water Rights"), together with the nghts and benefits of the plan for augmentation and exchange related to said water rights as decreed for the Property by the District Court for Water Division No. 5 in Case No. 97CW306 (the "Augmentation Plan"), and the historic consumptive use credits dedicated to the Augmentation Plan described in the attached Exhibit D (the "HCU Credits'). The Augmentation Plan allows for both potable and raw (non -potable) water service to be provided to the Property using a combination of the Water Rights and the HCU Credits, and C. WHEREAS, by another Special Warranty Deed, the Town has conveyed to the Authority the Water Rights that provide potable water service to the Property (e.g. the direct flow rights decreed to the Metcalf Ditch and Raw Water Booster Pump), along with the HCU Credits dedicated to the Augmentation Plan, reserving unto the Town up to 74.3 acre-feet of the HCU Credits allocated to replace out -of -priority diversions from raw (non -potable) water irrigation of 38.27 acres and evaporation from up to 2.7 surface acres of lakes on the Property, in accordance with the: assumptions and depletion factors set forth in Schedules A, B and C of the Augmentation Plan; and D. WHEREAS, pursuant to paragraph 6(D)(2) of the Case No. 97CW306 decree, up to 5 efs of raw (non -potable) water may be diverted at the Nottingham and Puder Ditch for filling and refilling The Village (at Avon) Lake Nos. 1 and 2. Alternatively, up to 5 cfs may be diverted by augmentation, in which case the stored water is accounted for against the HCU Credits. 1po2Q128a f S ] IN Pursuant to paragraph 7(E) of the Augmentation Plan, raw (non -potable) water may also be diverted through the Nottingham and Puder Ditch for irrigation, flow through and recreational purposes, in which case the depletions from such use are augmented by the HCU Credits; and E. WHEREAS, the Town has agreed to operate the raw (non-potab)e} water system for the Property described in the Case No. 97CW346 decree, including the Nottingham and Puder Ditch and The Village (at Avon) Lake Nos. 1 and 2, subject to the terms and conditions of this Agreement, and with the understanding that the Town is not obligated to construct, maintain or repair The Village (at Avon) Lake Nos. I and 2. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and TCMD do hereby state and agree as follows: AGREEMENT 1. OWration and Maintenance of the Raw (Non -Potable) Water System. The Town will operate and maintain the raw (non -potable) water system for the Property as decreed in Case No. 97CViW306, including the Nottingham and Puder Ditch, and any and all diversion ditches, pipelines, headgates and structures, pumps, casings, wet wells and other improvements associated with or used in connection with the raw (non -potable) water system that serves or will serve the Property, except that TCMD will operate and maintain any part of the raw (non - potable) water system that solely benefits the portion of the Property known as Tract E, Final Plat, The Village (at Avon) Filing 1, Recorded on May 8, 2002, at Reception No. 795007 ("Tract E"). The maintenance costs for which TCMD will continue to be responsible include the Tract E wet well, and any other pipes, valves, pumps, or other fixtures required to deliver water to irrigate and operate the water feature on Tract E. The Town will be solely responsible for all other costs incurred to operate and maintain the raw (non -potable) water system, including any costs for repairs and maintenance of the Nottingham and Puder Ditch and its appurtenances. 'the Town reserves the right to establish reasonable fees and charges and to impose regulations for the operation of the raw (non -potable) water system for irrigation of areas which are not owned by the Town, or included in road right-of-ways dedicated to the Town. However, the Town shall not require the provision or dedication of new water rights as a condition of providing raw (non - potable) water service for the irrigation of up to 38.27 acres and lake evaporation from up to 2.7 surface acres of lakes on the Property so long as the decree in Case No. 97CW306 is applicable to determine the water needed for such uses. TCMD will continue to utilize the Nottingham and Puder Ditch water right conveyed to the Town for irrigating Tract E and any other areas mutually agreed to by the parties and will report its total water usage to the Town under this right. 2. Operation and Maintenance of The Village {at Avon) Lake Nos. 1 and 2. The Village (at Avon) Lake Nos. I and 2 have not been constructed and the precise location or ownership of the reservoir structures has not yet been detcTmined. If The Village (at Avon) Lake Nos. 1 and 2 are constructed as part of the development of the Property, then the construction, repair and maintenance of The Village (at Avon) Lake Nos. 1 and 2 will be the responsibility of TCMD or the developer. However, if The Village (at Avon) Lake Nos, l and 2 are built as a public amenity by the Town, then the construction, repair and maintenance will be the {0620128415) 2 responsibility of the Town. The Town and TCMD may also wish to dedicate one lake to the Town and one lake to TCMD. The Town and TCMD will mutually determine the location of The Village (at Avon) Lake Nos. 1 and 2, subject to the approval of the developer. Once The Village (at Avon) Lake Nos. 1 and 2 reservoir structures are completed, the Town will be responsible for keeping the structures full of water at all times practicable, either by diverting under the 5 cfs right decreed to fill the structures in Case No. 97CW306 when water is available in priority or with the HCU Credits allocated to replace evaporation from the lakes if the junior right is out of priority. Water stored in The Village (at Avon) Lake Dios. l and 2 will not be used for augmentation purposes without the written consent of both parties to this Agreement. 3. Accounting. The Town will be responsible for reporting to the Authority all diversions at the Nottingham and Puder Ditch and the two wet wells connected to the Nottingham and Puller Ditch for the raw (non -potable) water irrigation system, total acreage irrigated by the raw (non -potable) water system and diversions to storage in and releases from the Village (at Avon) Lake Nos. 1 and 2. The parties anticipate that the Authority will be responsible for all accounting, recording and reporting for operation of the Augmentation Plan. 4, Future Water Court Filings. The parties anticipate that the Authority will file and prosecute all diligence applications and/or applications to the Water Court to make water rights absolute for the conditional water rights decreed in Case No. 97CW306. The Town may join any such applications as a Cc -Applicant with the Authority, as was the practice with TCMD and the Authority in Case No. 07CW83. TCMD will cooperate with the Authority and the Town to provide all information regarding the activities taken by TCMD during the subject diligence period towards putting the subject water rights to beneficial use. 5. Additional Irrigated Area or irrigation Consumption. The Augmentation plan contemplated that up to 38.27 acres of the Property would be irrigated by the raw (non -potable) water system. Pursuant to the assumptions and depletion factors decreed in Case No. 97CW306, irrigation of 38.27 acres will require approximately 68.9 acre-feet per year of augmentation water and keeping The Village (at Avon) Lake Nos. 1 and 2 full will require up to 5 A acre-feet of augmentation water for evaporation replacement from a maximum of 2.7 acres of lake surface area Therefore, up to 74.3 acre-feet of the HCU Credits have been reserved to the Town and are dedicated to such uses and shall not be available for any other uses under the Augmentation Plan without the written consent of the parties to this Agreement. If more than 38.27 acres of the Property is to be irrigated by the raw (non -potable) water system and there are not enough HCU Credits available under the Augmentation Plan to provide both potable and raw (non -potable) water service to the Property based on the current or anticipated build -out of the Property, TCMD will be responsible for providing or causing to provide any and all water rights necessary to irrigate the additional area or otherwise to mane up the shortfall. 6. Deduced Irrigation or Lake Evaporation. If the entire 74.3 acre-feet of HCU Credits reserved by the Town is not needed to fully augment the full extent of raw (non -potable) water uses on the Property after full build -out, or if it is otherwise determined that there are excess HCU Credits reserved by the Town that are not necessary for augmenting out -of -priority depletions from the raw (non -potable) water system on the Property under the depletion factors (00201294 / 5 1 and other assumptions decreed in the Augmentation Plan, the excess of the reserved HCU Credits may be reallocated to augment potable uses as allowed for under the Augmentation Plan, subject to written approval of the parties to this Agreement, such approval to not be unreasonably withheld and subject to the approval of the Authority. Upon such approvals of the reallocation of excess HCU Credits from the raw (non -potable) water system to potable water uses, the Town will convey by special warranty deed the approved amount of such excess HCU Credits to the Authority. 7_ Remedies. In the event of a breach or threatened breach of this Agreement, the non -breaching party shall be entitled to an immediate injunction restraining the breaching party from such breach or threatened breach, including both preliminary and final injunctions. Such remedy shall be in addition to all other remedies available at law or in equity, including but not limited to, damages, costs and reasonable attorneys' fees. The prevailing party in any litigation arising out of or related to this Agreement shall be awarded its reasonable attorneys' fees and costs through all appeals in addition to any other remedy provided. 8_ Waiver_ The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not he deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 9. Amendment. This Agreement may be amended only in a writing executed by the parties, their heirs, successors or assigns. To be effective, any amendment must be recorded in the real property records of Eagle County, Colorado. 0 10. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of such provision in any other circumstances shall not be affected. thereby. 11. Duration. This Agreement shall run with title to the Water Rights and Augmentation Plan, shall be binding upon any current or future owners of the Water Rights and Augmentation Plan, and their successors and assigns, and shall be perpetual. 12. Governing Law. This Agreement will be construed under and be governed by the laws of the State of Colorado. Any legal action relating to this Agreement will be instituted and prosecuted in the District Court in and for Eagle County, Colorado. 13. Recordin _ This Agreement shalt be recorded in the real property records of Eagle County, Colorado. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first alcove written. (remainder of page left intentionally blank) {002012941 s } 4 r- I a�dF AVp�� STATE OF COLORADO Ss COUNTY OF EAGLE THE TOWN; THE TOWN OF AVON, a home rule municipal corporation of the State of C lorado ]By: _.. l�l arll�r. Title: 44 The foregoin instrument was acknowledged before me this -day of 2013, by c. _ � as of the Town of Avon. c uhlic .LxERE&_ _ My Commission expires:,_, S (t t t STATE OF COLORADO SS COUNTY OF EAGLE TCMD: TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of J;Worado By:_4 Name: Title: The foregoing instrument was acknowledged before me thiAkA day of !6 6a,, 2013, by ►, as President of the Tra73;F— Public My Commission expires: ERIC APPLEGATE NOTARY PUBLIC STATE OF GOLORADO (0020128415 } 5 Wy COMMISSION EXPRES JAN. e, 2017 EXHIBIT A Legal Descripdon of Property PARCEL 1 DESCRIPTION That part of the E 112 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey and Survey of said Township and Range, accepted September 7, 1977 by the Department of the Interior Bureau of Land Management in Washington, D.C., together with parts of Sections 7, 8, 9 & 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest comer of said Section 7; thence along the northerly line of said Section 7, N88°49'24"E 2791.46 feet, to the North 1l4 comer of said Section 7; thence, departing said northerly line, along the easterly line of the NW 114 of said Section 7, S00011' 12"E 2621,00 feet, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence, along said northerly right-of-way line, S69°28'35"E 196.48 feet, to the northerly line of the SE 1/4 of said Section 7; thence, along said northerly line, N89050'40"E 2572.71 feet, to the West 114 corner of said Section 8; thence, along the westerly line of said Section 8, NO0810'53"W 2738.19 feet to the Northwest corner of said Section 8; thence, along the northerly line of said Section S, N88°40'4I "E 2758.98 feet, to the North 114 corner of said Section 8; thence, continuing along said northerly line, N88°42'58"E 850.00 feet; thence, departing said northerly line, S56°30'00"E 1274.62 feet; thence S17138'30"E 1593.20 feet; thence S27°39'30"W 2121,59 feet; thence South 899.93 feet; thence East 2595.53 feet, to the easterly line of the SW IN SW 114 of said Section 9; thence, along said easterly line SO 1 °3 3' 13"W 603.34 feet, to the Southeast corner of said SW 114 SW 114; thence, along the southerly line of said Section 9, N89°55'04"W 1371.96 feet, to the Southwest corner of said Section 9; thence, along the easterly line of said Section 17, SO1'41'49"E 170.00 feet, to the centerline of the Eagle River; thence the: following four courses along said centerline (Filum aquce)_ (1) N89'24'49"W 1037.90 feet; (2) N86°07'49"W 472.00 feet; (3) N89°29949"W 538,00 feet; (4) 882°33' 11 "W 595.15 feet, to the westerly line of the NE 114 of said Section 17; thence, along said westerly line, NOO°20'55"W 227.74 feet, to the North 114 corner of said Section 17; thence, along the northerly line of said Section 17, S89°2336"E 1316.69 feet, to the Southwest corner of the SE 114 SE 114 of said Section 8; thence, along the westerly line of said SE 114 SE 114, N00051'07"E 1398.90 feet, to the SE 1116 corner of said Section 8; thence, along the southerly line of the NW 114 SE I14 of said Section 8, N89154'54"W 1333.58 feet:, to the CS U16 corner of said Section 8; thence, along the southerly line of the NE 114 SW 114 of said Section 8, N89°58'3 5"W 1366.46 feet, to the SW 1116 corner of said Section 8; thence, along the easterly line of the SW 114 SW 114 of said Section 8, SOO°01'37"E 1376.08 feet, to the Southeast corner of said SW 114 SW 114; thence, along the southerly line of said Section 8, N89132'28"W 529.29 feet, to the northerly right-of-way line of the Denver and Rio Grande Western Railroad, - thence the following ten courses along said northerly right -of --way line: (1) 132.91 feet along the arc of a curve to the right, having a radius of 2033.48 feet, an internal angle of 03°4442", and a (0074128415 1 6 chord that bears N70°30'09"W 132.89 feet; (2) N68°37'48"W 527.88 feet; (3) 231.12 feet along the arc of a curve to the left, having a radius of 5779.70 feet, an internal angle of 02° 17'28", and a chord that bears N69°46'32"W 231.09 feet; (4) SOa° 14'31 "E 21.20 feet; (5) 1142.50 feet along the arc of a curve to the left, having a radius of'5759.70 feet, an internal angle of 11'21'55", and a chord that bears N76132'02"W 1140.63 feet; (6) N82°13'00"W 1136.53 feet; (7) 548.06 feet along the arc of curve to the right, having a radius of 1880.00 feet, an internal angle of 16'42'10", and a chord that bears N73°51'55"W 546.11 feet; (9) N0001212311W 22.04 feet; (9) 28.04 feet along the are of a curve to the right, having a radius of 1860.00 feet, an internal angle of 00151'50", and a chord that bears N64147'55"W 28.04 feet; (10) N64"22'00"W 377.10 feet; thence, departing said northerly right-of-way line, S25°38'00"W 100.00 feet, to the southerly right-of-way line of the Denver and Rio Grande Western Railroad, also being on the existing Town of Avon Boundary; thence, along said southerly right-of-way line and existing Town of Avon Boundary the following three courses along the northerly line of the parcel annexed to the Town of Avon: by Ordinance 86-10: (1) N64°22'00"W 20,64.00 feet; (2) 969.59 feet along the are of a curve to the left, having a radius of 34327.50 feet, an internal angle of 01 °37'00", and a chord that bears N65°10'30"W 968.56 feet; (3) N65059'00"W 527.60 feet; thence, continuing along said southerly right-of-way line and existing Town of Avon Boundary the following course along the northerly lime of the parcel annexed to the Town of Avon by Ordinance 81-38, N65°58'08"W 677.83 feet; thence, departing said southerly right-of-way line and continuing along the boundary of the parcel annexed to the Town of Avon by Ordinance 81-38, N24001'52"E 100-00 feet, to the northerly right-of-way line of the Denver and Rio Grande Western Railroad and the Southeast corner of Lot 22, Benchmark at Beaver Creek; thence, departing said northerly right-of-way line and continuing along the existing Town of Avon Boundary the following two courses along the easterly line of the parcel originally incorporated as the Town of Avon as defined in Ordinance 78-4: (1) N18°59'40" E 995.99 feet; (2) a calculated distance and bearing ofN23°55'02"W 268.23 feet (record distance and bearing of N25"10'03"W 235.72 feet), to the southerly line of the NE 1f4 NE 1I4 of said Section 12; thence, along said southerly line and existing Town of Avon Boundary the following course along the southerly line of the parcel annexed to the Town of Avon by Ordinance 81-20, a calculated distance and bearing of S89°58'41 "1~ 1192.32 feet (record distance and bearing of S89057'07"E 1184.14 feet), to the westerly line of said Section 7; thence, along said westerly line and existing Town of Avon Boundary the following course along the easterly line of the parcels annexed to the Town of Avon by Ordinance 81-20 and Ordinance 81-34, a measured distance and bearing of NOVI l'27"W 1321.54 feet (record distance and bearing of N00010' l 4"W 660.82 feet per Ordinance 81-20 and record distance and bearing of N001'10' 14"W 660.83 per Ordinance 81-34), to the point of beginning, containing 967.07 acres, more or less, EXCEPTING FROM the foregoing parcel description all portions of the described property that constitute the Interstate Highway No. 70 Right -of -Way and the Denver Rio Grande Western Railroad Right -of -Way, which portions contain 99.24 acres, more or less. The net area of the parcel being included in this annexation is 867.83 acres, more or less. [00241 Z84 f 5 1 7 K PARCEL 2 DESCRIPTION That part of Sections 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.G., described as follows: Beginning at the North 114 corner of said Section 8; thence along the northerly line of said Section 8, N88'42' 5 8"E 850.00 feet, to the True Point of Beginning; thence, continuing along said northerly line, N88'42'58"E 1920.72 feet, to the Northwest comer of said Section 9; thence, along the northerly line of said Section 9, N83'29'30"E 2773.27 feet, to the North 114 corner of said Section 9; thence, continuing along said northerly line, N83°24' 12"E 2772.60 feet, to the Northwest corner of said Section 10; thence, along the northerly line of said Section 10, N86039'24"E 2681.23 feet; thence, departing said northerly line, SO1'34'07"W 2699.66 feet, to southerly line of the SE 114 NW 114 of said Section 10; thence, along the southerly line of said SE 114 NW 114, S86632'23"W 1304.06 feet, to the Center West 1116 corner of said Section 10; thence, along the easterly line of the NW 114 SW 114 of said Section 10, SOI'32'50"W 1349.33 feet, to the Southwest 1116 comer of said Section 10; thence, along the southerly line of said NW 1I4 SW 114, S8692'47"W 1384.91 feet, to the South 1116 corner of said Sections 9 & 10; thence, along the southerly line of the NE 114 SE 114 of said Section 9, S77'1 p'l5"W 1413.37 feet, to the Southeast 1l16 corner of said Section 9; thence, along the easterly line of the SW 114 SE 1/4 of said Section 9, SO1°33'02"W 1475.32 feet, to the East 1116 corner of said Section 9 and Section 16 of said Township 5 South, Range 81 West of the Sixth Principal Meridian; thence, along the southerly line of said SW 114 SE i 14, S72'20'3 i "W 1450.43 feet, to the South 1I4 corner of said Section 9; thence, along the westerly line of said SW 114 SE 114, NO1134'18"E 1601.52 feet, to the Center South 1116 corner of said Section 9; thence, along the southerly line of the NE 1l4 SW 1l4 of said Section 9, S86°07'30"W 1378.19 feet to the Southwest 1116 corner of said Section 9; thence, along the easterly line of the SW 114 SW 114 of said Section 9, SU1°33'13"W 903.02 feet, to the existing Town of Avon Boundary; thence, departing said easterly line, the following five courses along said existing Town of Avon Boundary: (1) West 2595.53 feet; (2) North 899.93 feet; (3) N27'39'30"E 2121.59 feet; (4) N17'38'30"W 1593.20 feet; (5) N56330'00"W 1274.62 feet, to the True Point of Beginning, containing 922.16 acres, more or less. t0620128415 1 . . 8 N get U m �. IF �a a _ �IyI •'! pyy� ev F� (y R 0. z O p, CA. o V � � f� G w �y Cr m 6 m � n a x O � H � N a W r1 w P y s n � � W y � 211 � ro QA � ro m z o 2� d? bi z o.- o o o° o o n wt? W tv w� C,0 0 ,�ppG.IL C. n IJ N •• � [dir r � � � ea O0w °� Do r7 ..1 sli C U N N 'b 4 `J d a o o v v o b d bn Z r-, G1" fA Vl' Q y n RS R w .-. LA - � Y�9 G 3 ... d W C C1 O 0+ Q W lV a O LS•� � M 0% CK10 u u f7 � � � n n w w w w o vim, vim+ U3 F, tv a EXFUIBTI' C 0 Description of Raw (Non -Potable) Water System Water Rights Water Storage Rizh.ts. A. Nottingham Reservoir: In Case No. 94CW113, Water Division No. 5, Nottingham Reservoir was conditionally decreed for 22 acre-feet for domestic, commercial, industrial, augmentation and other uses with an appropriation date of May 31, 1994, and an adjudication date of December 31, 1994. In the same case, the reservoir was also decreed 22 acre-feet absolute for irrigation and stock watering. Nottingham Reservoir is an on -channel reservoir located on Nottingham Gulch, a tributary of the Eagle River. The point of intersection of the Nottingham Dam axis with the centerline of the easterly spillway is located in the 5W114 of the NW114 of Section 8, T. 5 S., R_ 81 W., at a point whence the northwesterly corner (BLM Brass Cap) of said Section 8 bears N. 27134'30"W. 1800 feet. Nottingham Reservoir has been decreed as an augmentation source in Case No. 97CW306_ B. The Village (at Avon) Lake Nos. 1 and 2: The Village (at Avon) Lake Nos. 1 and 2, with an adjudication date of December 31, 1997, and an appropriation date of May 20, l 997, as decreed by the District Court, Water Division No. 5, State of Colorado, in the decree of the Water Court in Case No. 97C W306 entered on April 9, 2001, for a combined total of 27 acre-feet, conditional, with the right to fill and refill, and with the following legal descriptions: The Village (at Avon) Lake No_ 1: This lake is located in the S112 SETA NE114 and the N112 NE IA SE114 of Section 12, T. 5 S., R. 82 W. of the fth F.M., Eagle, County, Colorado. The Village (at Avon) Lake No. 2: This lake is located in the NW I/4 SE 114 of Section 7, T. 5 S., R. 81 W. of the 6th P.M., Eagle County, Colorado. The Village (at Avon) Lake Nos. 1 and 2 are decreed to fill and refill from the Nottingham and Puder Ditch, limited to a diversion rate of 5 e.f.s. 2. Direct Flow lf#ights. Any and all direct flow rights and other water rights associated with the raw (non - potable) water system approved as part of the plan for augmentation and exchange decreed by the District Court, 'Water Division No. 5, State of Colorado, in Case No. 97CW306 entered on April 9, 2001, including the right to divert raw (non -potable) water through the Nottingham and Puder Ditch for irrigation, flow through and recreational purposes. j0241284 1 5 } 10 g N P V f7 y d rA [7 CD O CD \0 06, r � t�3 y CD N a O � 0 0' � K v C� rb k n ul v r� Gl ❑. e ©© cv Oy,b V7 o� rD o& r _ Go Rp 00 1 r� ChNoy- --a N� �fl fv n S C C3 C+ Li 04 tJ w Q� O ..ry Z awl ld til CA No [J 0 v Lft �1 m oa tj n a !WJ C O G G bh O A C A Q �Sp r1 u W d LA Vwi N 'r ¢ i J 9,14 I G x ATTACHMENT B h\IILY 117A.7YWYda\17111�1/_\NNGYIL`/_4`IIIYLIZI]I]NIIy��M IS 1 D15 943 W.IJ 1105I TO: Eric Heil, Town of Avon Manager Sarah Smith Hymes, Mayor Justin Hildreth FROM: Richard J. Mehren, Esq. RE: Town of Avon — Non -Potable Irrigation Water Riehts DATE: February 20, 2022 The Town of Avon ("Avon") operates two separate non -potable irrigation systems. One of the systems is used to provide non -potable irrigation water to portions of the "old" part of Avon and is comprised of Benchmark Lake and its associated irrigation ditches (the "Avon Non -Potable Irrigation System"). The other system is used to provide non -potable irrigation water to portions of the Village (at Avon) and is comprised of Nottingham Reservoir, the Nottingham and Puder Ditch, and the Village (at Avon) Lake Nos. 1 and 2 (the "Village Non -Potable litigation System"). This memo summarizes the water rights and other sources of water that Avon owns or controls that are used to provide the physical water supply for use in the Avon Non -Potable Irrigation System and for use in the Village Non -Potable litigation System'. 1. Summary of the Avon Non -Potable Irrigation Svstem Water Riehts The water rights that provide the physical supply for use in the Avon Non -Potable Irrigation System include: (a) a storage water right decreed to Benchmark Lake; and (c) 19.58 acre-feet of water per year out of the 448 acre-feet of consumptive use credits quantified in Avon's original augmentation plan that was decreed on August 14, 1980 in Case No. W-3664, District Court, Water Division No. 5 ("W-3664 Decree'), and amended by the augmentation plan decreed on September 7, 1988 in Case No. 84CW225, District Court, Water Division No. 5 C'84CW225 Decree"). It is my understanding that Avon currently uses water released from Benchmark Lake as a source of non -potable irrigation water for Nottingham Park, the Avon pedestrian mall, and Avon Road. These sources of water are described in more detail below. 1 I note that any statement in this memo that Avon owns a particular water right is not to be construed as a title or other opinion with respect to such ownership. I have not completed any review ofAvon's title to the waharrights that are discussed to this memo that Avon claims to own. mzmmu MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: E. Heil, et al. February 20, 2022 Page 2 1.1 Benchmark Lake Avon owns the absolute storage water right decreed to Benchmark Lake in Case No. W-3582, District Court, Water Division No. 5 in the amount of 168.3486 acre-feet per year with an appropriation date of June 1, 1977 ("W-3582 Decree") and an adjudication date of December 31, 1977. A copy of the W-3582 Decree is attached as Attachment A. The storage water right is decreed for municipal, domestic, irrigation, industrial and commercial uses and the decreed source of supply is the Eagle and River and Buck Creek. The applicants in Case No. W-3582 included Stone Creek Company, Grouse Mountain at Vail, Ltd., Avon Metropolitan District, and Benchmark at Beaver Creek. Irrigation water rights are appropriated for use on specific land. In re Water Rights of Cent. Colo. Water Conservancy Dist., 147 P.3d 9, 14 (Colo. 2006). Water which was appropriated for use on one parcel of land cannot be applied to new or different lands without a decree issued by the water court allowing the change in place of use. Id. at 14. The W-3582 Decree does not specify the decreed place of irrigation use for the water right. 1.2 Portion of Avon's Changed Senior Water Rights On July 14, 2004, Avon entered into the Supplemental Water Lease with the Upper Eagle Regional Water Authority ("UERWA") under which Avon leased the remaining 22.3% of its 448 acre-feet of consumptive use credits decreed in Case Nos. W-3664 and 84CW225 to the UERWA ("Supplemental Water Lease"). A copy of the Supplemental Water Lease is attached as Attachment B. Under paragraph 3 of the Supplemental Water Lease, Avon has the right to use up to 19.58 acre-feet of consumptive use credit for augmenting diversions of water for non -potable irrigation use within Avon ("CU Credit Water"). Avon may divert water under the W-3664 Decree as amended by the 84CW225 Decree for non -potable irrigation to the extent of the 19.58 acre-feet of CU Credit Water. The 84CW225 Decree includes a 0.75 (i.e., 75%) depletion factor for water diverted under the decree for irrigation uses. The 84CW225 Decree appears to require 75% of the non -potable irrigation diversions by Avon to be replaced when those diversions are out -of -priority (25% of the non -potable irrigation diversion is assumed to return to the river as return flow). The 19.58 acre-feet of CU Credit Water should provide Avon with 26.12 acre-feet (19.56 acre-feet / 0.75 = 26.1 acre-feet) of water for diversion to non -potable irrigation uses. 2. Summary of the Village Non -Potable Irri!ation System Water Rights The water rights that provide the physical supply for use in the Village Non -Potable Irrigation System include the water rights decreed to: (a) Nottingham Reservoir; (b) the Village (at Avon) Lakes Nos. 1 and 2; and (c) direct flow and other water rights associated with the non -potable irrigation system approved in Case No. 97CW306, District Court, Water Division No. 5. It is my understanding that the Village Non -Potable Irrigation System is currently used to provide non- 00263204-1 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: E. Heil, et al. February 20, 2022 Page 3 potable water for irrigation of the Post Boulevard landscaping and the park between Wal-Mart and Home Depot. All of these sources of water were conveyed to Avon by the Traer Creek Metropolitan District ("TCMD") and are described in more detail below. 2.1 Nottingham Reservoir Nottingham Reservoir is an on -channel reservoir located on Nottingham Gulch, a tributary of the Eagle River. Avon owns the storage water rights decreed to Nottingham Reservoir in Case No. 94CW113, District Court, Water Division No. 5 ("94CW113 Decree") that include: (a) a conditional storage water right in the amount of 22 acre-feet for domestic, commercial, industrial, fire protection, sewage treatment, irrigation of open space, parks, lawns and gardens, recreation, fish and wildlife propagation, maintenance of adequate storage reserves and reservoir evaporation, augmentation, replacement and exchange with an appropriation date of May 31, 1994, and an adjudication date of December 31, 1994 ("Nottingham Junior Storage Right"); and (b) an absolute storage water right in the amount of 22 acre-feet for irrigation and stock watering with an appropriation date of August 1, 1940, and an adjudication date of December 31, 1994 ("Nottingham Senior Storage Right"). A copy of the 94CW113 Decree is attached as Attachment C. In Case No. 14CW3022, District Court, Water Division No. 5, the Nottingham Junior Storage Right was made absolute by Avon in the amount of 20.1 acre-feet, with 1.9 acre- feet remaining conditional. The Nottingham Senior Storage Right is decreed to irrigate 74 acres in the same general location as the historically irrigated lands that are identified in a map attached to the 94CW 113 Decree as Exhibit B. The 94CW 113 Decree does not specify the decreed place of irrigation use for the Nottingham Junior Storage Right. 2.2 Village (at Avon) Lake Nos. 1 and 2 Avon owns the conditional storage water right decreed to the Village (at Avon) Lake Nos. 1 and 2 in Case No. 97CW306, District Court, Water Division No. 5 ("97CW306 Decree") for a combined total amount of 27 acre-feet, with the right to fill and refill, for domestic, municipal, quasi -municipal, commercial, industrial, fire protection, irrigation, recreational, fish and wildlife uses, replacement of reservoir evaporation, storage, augmentation and exchange with an appropriation date of May 20, 1997, and an adjudication date of December 31, 1997 ("Village Lakes Storage Right"). A copy of the 97CW306 Decree is attached as Attachment D. The Village (at Avon) Lake Nos. 1 and 2 are decreed to fill from Eagle River by use of the Nottingham and Puder Ditch at a rate of up to 5 cubic feet per second ("cfs"). The Village Lakes Storage Right may be used within the Village (at Avon) Development as depicted on Exhibit A to the 97CW306 Decree. The Village (at Avon) Lake Nos. 1 and 2 are not yet constructed. 00263204-1 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: E. Heil, et al. February 20, 2022 Page 4 2.3 74.3 Acre-feet of Historical Consumptive Use Credits to Replace Out -of -Priority Diversions for Non -Potable Irrigation and Other Water Rights Associated with the Non -Potable Irrigation S. System in Case No. 97CW306 Avon owns up to 74.3 acre-feet of the historical consumptive use credits dedicated to the augmentation plan decreed in the 97CW306 Decree and the other water rights associated with the non -potable irrigation system approved in the 97CW306 Decree, including the right to divert water through the Nottingham and Puder Ditch for irrigation, flow through, and recreational purposes. The 74.3 acre-feet of historical consumptive use credits may be used by Avon to replace out -of - priority diversions of non -potable water for the irrigation of 38.27 acres within the Village (at Avon) Development and evaporation from up to 2.7 acres surface acres from the Village (at Avon) Lakes Nos. 1 and 2, all in accordance with the assumptions and depletion factors included in the augmentation plan decreed in the 97CW306 Decree. It is my understanding that the water for non - potable irrigation of the Village (at Avon) Development is diverted at the Nottingham and Puder Ditch river headgate on the Eagle River. Schedule B attached to the 97CW306 Decree includes a 0.80 (i.e., 80%) depletion factor for water diverted at the Nottingham and Puder Ditch headgate for non -potable irrigation uses. The 97CW306 Decree adopted and incorporated an accounting procedure that requires 80% of the non -potable irrigation diversions to be replaced when those diversions are out -of -priority (20% of the non -potable irrigation diversion is assumed to return to the river as return flow). Paragraph 5 of the August 1, 2014 Village (at Avon) Raw Water System Operations and Maintenance Agreement between Avon and TCMD ("Village (at Avon) Raw Water Agreement")2 states that using the assumptions and the depletion factors included in the 97CW306 Decree, irrigation of 38.27 acres will require approximately 68.9 acre-feet per year of augmentation water and keeping the Village (at Avon) Lake Nos. 1 and 2 full will require up to 5.4 acre-feet of water for replacement of evaporation from a maximum of 2.7 acres of lake surface area. The 68.9 acre-feet of augmentation water should provide Avon with 86.13 acre-feet (68.9 acre-feet / 0.80 = 86.13 acre-feet) of water for diversion to non -potable irrigation uses. 3. Conclusion Please let me know if you have any questions about my summary of the water rights and sources of water that Avon owns or controls that may be use for non -potable irrigation within Avon and the Village (at Avon) Development. Please also let me know if you would like me to summarize the key terms of the Village (at Avon) Raw Water Agreement. 2 I note that this memo focuses only on the water rights and other sources of water that Avon owns or controls for non - potable irrigation uses within the Village (at Avon) Development. Please let me know if Avon would like a summary of the key terms of Village (at Avon) Raw Water Agreement. 00263204-1 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3582 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF STONE CREEK COMPANY AND GROUSE MOUNTAIN AT VAIL, LTD. IN THE EAGLE RIVER ) RULING OF REFEREE AND ITS TRIBUTARIES ) TRIBUTARY INVOLVED: BUOK CREEK ) IN EAGLE COUNTY ) The above entitled application was filed on December 13, 1977, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 13th day of January, 1978, and again, after stipulation and agreement between the parties involved, on August 18, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Rights Determination and Adminis- tration Act of 1969. And the undersigned Referee having made such investigations as are ne- cessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The statement of oppo- sition has been effectively withdrawn, and the Referee has made no deter- mination concerning the statement of opposition. 2. The name of the structure is Benchmark Lake. 3. The names and addresses of the claimants are: Stone Creek Company and Grouse Mountain at Vail, Ltd. P.O. Box 1308 Vail, Colorado Avon Metropolitan District P.O. Box 8 Avon, Colorado Benchmark at Beaver Creek P.O. Box S Avon, Colorado 4. The source of the water is the Eagle River and Bu@K Creek, a tribu- tary of the Eagle River. 5. The initial point of survey of the high water line of the reservoir is located at a point which lies S.44033'46" E. 45.77 feet from the section corner common to Sections 1, 2, 11 and 12, T.5S.9 R.82 W. of the 6th P.M. 6. The use of the water is municipal, domestic, irrigation, industrial, and commercial. 7. The date of initiation of appropriation is June 1, 1977. 8. The amount of water claimed is 168.3486 acre feet of water, absolute. 9. The reservoir was completed and the water first stored and applied to beneficial use on September 17, 1977. 10. The maximum height of the dam is 15.78 feet, the length of the dam is 707 feet, and the total capacity of the reservoir is 168.3486 acre feet. 11. On February 28, 1978, a statement of opposition was filed by Nottingham Ranch Company, and as a result, on March 20, 1978, the application was re -referred by the Water Referee to the Water Judge for Water Division No. 5. 12. On August 16, 1978, the following stipulation was filed by the applicant and the opposition: The applicants, by their attorneys Delaney & Balcomb, and the opponent, Nottingham Ranch Company, by its attorneys Petre, Zimmerman and Shelton, P.C., hereby stipulate and agree as follows: A. The same parties, including others, are presently involved in Case No. W-3664, Water Division 5, State of Colorado, which proceeding in- volves certain changes of water rights and plan of augmentation requested by the applicants, Avon Metropolitan District and Benchmark at Beaver Creek, (two of the co -applicants herein). Waters, the subject matter of W-3664, are intended to be stored in priority pursuant to decrees involved in that case, in Benchmark Lake, the subject matter of the within proceeding, in addition to those available to the priority of Benchmark Lake herein sought. B. In the Within proceeding, applicants seek no right to store waters, the subject of W-3664, in said Benchmark Lake, but merely the right to store in priority the amount claimed in the application as of the date claimed therein. C. Opponent, Nottingham Ranch Company, does not object to the award of a junior decree for the filing of Benchmark Lake herein, however, by so agreeing, opponent does not with to prejudice its right in any way to raise any and all issues germaine to proceeding W-3664. D. Accordingly, in consideration of applicants' agreement that the withdrawal of opposition by Nottingham Ranch Company in these proceedings will not prejudice Nottingham Ranch Company's position in W-3664, applicants hereby consent to said withdrawal and opponent hereby withdraws his state- ment of opposition in the above captioned proceedings, namely W-3582, in- volving Benchmark Lake. As a result of the stipulation and agreement, on August 18, 1978, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted and that 168.3486 acre feet of water are hereby awarded to Benchmark Lake, for municipal, domestic, irrigation, industrial and commer- cial purposes, with appropriation date of the 1st day of June, 1977, abso- lutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division En- gineer of such priorities and changes of rights in accordance with law, and further subject to the terms and conditions of the stipulation as set forth in paragraph 12 above. It is accordingly ORDERED that this ruling shall be filed with the Water'Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the Gu��s'8Z RuLt lic, )q �FrRtF appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, /L. , 19 74V . No protest was filed in this matter-. The foregoing ruling is tonfirmed and approved, and is made the Judgment- and Dec ofthis court Dated:��:------�� �IAXf-t� !;;DGE BY THE REFEREE: this 37 A day of Wate eree Wate ivision No. 5 State of Colorado SUPPLEMENTAL WATER LEASE This Supplemental Water Lease (the "Supplemental Lease") is entered into to be effective as of the day of 2005, (the "Supplemental Effective Date"), by and between the Town of Avon (the "Tonm") as Lessor and the Upper Eagle Regional Water Authority (the "Authority") as Lessee. WHEREAS, an Amended and Restated Water Lease (the "Restated Lease") was entered into to be effective as of the I" day of January, 1998, (the "Effective Date"), by and between the Town and the Authority; and WHEREAS, under the Restated Lease, the Town ]eased to the Authority water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights and reservoirs and storage rights described as an undivided 77.7% interest in and to certain water rights more particularly described on Exhibit A attached to the Restated Lease (the "Water Rights"); and WHEREAS, the Restated Lease states that it includes 348.17 consumptive acre-feet (77.7%) of the 448 consumptive acre-feet quantified in the augmentation plan decreed on August 14, 1980 in Case No. W-3664, Water Division No. 5, as amended in the augmentation plan decreed on September 7, 1988 in Case No. 84CW225, Water Division No. 5; and WHEREAS, the Town now desires to supplement the water rights and other interests that are leased under the Restated Lease by leasing to the Authority the remaining undivided 22.3% interest in and to the water rights and the remaining 99.83 consumptive acre-feet (22.3%) of the 448 consumptive acre-feet that were described on Exhibit A to the Restated Lease (the "Supplemental Water Rights"); and WHEREAS, the Parties now desire to clarify the effect of the Restated Lease, as supplemented by this Supplemental Lease; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Restated Lease remains in full force and effect as supplemented by this Supplemental Lease. 2. The Town hereby ]eases to the Authority the water and water rights, ditches and ,itch rights, wells and groundwater rights, springs and spring rights, and reservoirs and storage rights described on the attached Exhibit A (the "Supplemental Water Rights"), The terms and conditions of the Restated Lease and the terms and conditions of this Supplemental Lease shall apply to the Water Rights and the Supplemental Water Rights. In addition, the Authority and the Town agree as follows: 3. The total 448 consumptive acre-feet leased to the Authority under the Restated Lease and this Supplemental Lease are adequate on an average annual basis to replace lake evaporation of 42.39 acre-feet, to provide a maximum of 19.58 acre-feet of consumptive use for non -potable irrigation within the Town and to provide water service to all development within the Town's Augmentation Plan area covered by Case Nos. W-3664 and 84CW225 up to 4,984 SFE's. References to "SFE's" herein are to an SFE as defined in Section 2.31 of the Rules and Regulations for Water and Sewer Service, Eagle River Water Sanitation District/Upper Eagle Regional Water Authority, Revised 01/28/04 and include the definitions in Sections 2.1, 2.13, 2.25, and the fractional SFE equivalents for residential units (1.0 plus pro -rated additions over 3,000 square feet), efficiency units (0.50 SFE), accommodation units (0.35 SFE), expansions or remodels, and commercial equivalents based on meter size that are contained in the Schedule of Fees and Charges for the Town of Avon, Effective January I, 2005, that are attached to the Rules and Regulations for Water and Sewer Service, as Appendix A. 4. In the event the water level in Benchmark Lake is drawn down in some future year or years for maintenance or repair of the structure or facility or for any other cause, the Town may use the Water Rights and the Supplemental Water Rights that are not being used for the then current level of municipal service, lake evaporation and non -potable irrigation stated in Paragraph 3, above, to fill Benchmark Lake. IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the Effec ve Date, but actual execution having been completed on the � day of w� , 2005. UPPER EAGLE REGIONAL WATER AUTHORITY By: 1r�! Chairman ATTEST J), �.�,By ;Cf/� l/�i ,Se rea TOWN OF AVON By ^51 C V ATTEST: By: EXHIBIT A Supplemental Water Rights Town of Avon An undivided 22.3% interest in the following water rights, as changed, quantified, exchanged, and/or augmented in Case Nos. W-3664, 80CW64, 84CW225, 85CW612, 86CW200, 92CW291, 94CW22, 99CW172, OOCW083, and OICW015, all in Water Division No. 5: (a) Metcalf Ditch, priority no. 146, in the amount of 6.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (b) Metcalf Ditch I" enlargements, priority no. 415, in the amount of 4.07 cfs and 0.8 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (c) Metcalf Ditch 2nd Enlargement, priority no. 528, in the amount of 9.13 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (d) Nottingham & Puder Ditch, priority no. 148, in the amount of 2.5 of the 10.00 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (e) Nottingham & Puder Ditch I" Enlargements, priority no. 377, in the amounts of 1.0 and 2.21 of the 4.42 cfs, decreed on October 3, 1936, in Case No, CA 963, Water Division No. 5. (f) Nottingham & Puder Ditch (CAC No. 1), priority no. 377, in the amounts of 1.28 and 1.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (g) Nottingham & Puder Ditch (CAC No. 2), priority no. 399, in the amount of 5.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (h) Nottingham & Puder Ditch (Grace Park), priority no. 530, in the amount of 0.5 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5, (i) Nottingham & Puder Ditch Pump & Pipeline, priority no. 527, in the amount of 4.235 of the 13.58 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 0) Hurd Ditch, priority no. 147, in the amount of 2.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (k) Johnson & Howard Ditch 1" Enlargement, priority no. 350, in the amount of 0.28 cfs, decreed on May 21, 1920, in Case No. CA 734, Water Division No. 5. (1) Johnson & Howard Ditch 2"d Enlargement, priority no. 424, in the amount of 593 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. I (m) Johnson & Howard Ditch 3`d Enlargement, priority no. 535, in the amount of 2.8 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 2. H.A. Nottingham and Sons, Inc. Water Treatment and Storage Project, in the amount of 3 cfs, decreed on December 31, 1971, in Case No, W-327, Water Division No. 5. 3. Nottingham Domestic Pipeline, in the amount of I cfs of the 3.0 cfs decreed on December 31, 1973, in Case No. W-2130, Water Division No. 5. 4.. Avon Metropolitan Municipal Water System, in the amount of 5.0 cfs, decreed on December 31, 1977, in Case No. W-3666, Water Division No. 5. 5. Avon Metropolitan Municipal Water System I" Enlargement, in the amount of 5.0 cfs, decreed on December 3 i, 1984, in Case No. 84CW225, Water Division No. 5. 6. The Augmentation Plan decreed on August 14, 1980, in Case No. W-3664, Water Division No. 5, insofar as it relates to 99.83 consumptive acre-feet (22.3%) of the 448.0 consumptive acre-feet quantified therein that are associated with the water rights described in paragraphs I(a) through (m) above, and including the other rights and benefits of the augmentation plan decreed therein, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW 225, Water Division No. 5. 2 `b'ia's1i �Y F+ ii�r FILE�ECE_Pirn DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORA Case No. 94MI13 wnwK h,... Cp_O RULING OF REFE'RSS CONCERNING THE APPLICATION FOR WATER RIGHTS OF EMD LIMITED LIABILITY COMPANI, TN FAGT:E COUNTY, COLORJADO The above -captioned application was referred to the undersigned as Water Referee for Water Division No.'5, State of Colorado, by the Water Judge of said Court on June 9, 1994, in accoruance with Article 92 of. Chapter 37, Colorado Revised Statutes 1990, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter of the application, does hereby make the following determination and ruling as the Referee in this matter, to --wit: 1. I►nplication. An application for water storage right was filed by EMD Limited Liability Company (^Applicant") on May 31, 1994. The statements in the application are true, except as noted herein. Applicant's address is: EMO Limited Liability Company, c/o William J. Post, P.O. Box 3149, Vail, Colorado 81658. Applicant is represented herein by Richard A. Johnson, Esq., Holme Roberts G Owen LbC, 1401 Pearl Street, Suite 400, Boulder, Colorado 80302. 2. iigrisdiaton. All notices required by law have been duly given and the Court has jurisdiction over the subject matter of the application and over all persons affected thereby whether or not they have chosen to appear. 3. Obie_otou. No statements of oppasition were filed herein and the time for filing such statements has now expired. 4. Name 9_f_.. "AXvoir. Nottingham Reservoir, an on - channel reservoir. 94CW113 5. Legal desoriRtioa. The point of intersection of the Nottingham Dam axis with the centerline of the easterly spillway is located in the SWI/4 of the NWI/4 of Section 8, Township 5 South, Range 81 West of tho 6th Princ.pal Meridian at a point whence the northwesterly corner (BLM Brass Cap) of said Section 8 bears North 2793413ON vilest 1800 feet. A map depicting the location of Nottingham Reservoir is attached hereto as Exhibit A. 6. BQ4ree. The source of water for the on -channel Nottingham Reservoir Is Nottingham Gulch, tributary to'the Eayle River, tributary to the Colorado River. 7. Use. A.rrjggt�on• Water stored in Nottingham Reservoir was historically used for stock, watering and to irrigate. approximately 74 acres. The subject water storage right will be used to irrigate up to 74 acres in the same general location as was historically irrigated. The historically irrigated acreage is located in parts of the W1/2 of. the SWI/4 of Section 8; and the SE1/4 and SWl/4 of Section 7, Township 5 South, Range 8: West. A map depicting the location of historically irrigated acreage is attached hereto as Exhibit B. B. 91hQT,_uses. In addition to the stock watering and irrigation uses described above, the subject water storage right will be used for the following purposes: domestic., commercial, industrial, fire Prot -action, sewage treatment, irrigation of open space, parks, lawns and gardens, recreation, fish and wildlife propagation, maintenance of adequate storage reserves and reservoir evaporation, augmentation, replacement and exchange. S. The date of initiation of the appropriation for irrigation and stock, watering uses is August 1, 1940, the date of construction of the dam and reservoir; the appropriation date for all other uses described in paragraph 7.B. above is May 31, 1994. 9. AMouat claimed. The amount of water claimed for irrigation and stock watering uses is 22 acre-feet, absolute; the amount of water claimed for all other uses described in paragraph 7.B. above is 22 acre -font, conditional. The total capacity of Nottingham Reservoir for all decreed uses is 22 acre-feet. The Referee does therefore conclude that the above - captioned application should be granted and that an absolute 2!C 94CW113 water storage right of 22 acre-feet should be awarded to Nottingham Reservoir with an appropriation date of August 1, 1940, for irrigation and stock watering uses, and that a conditional water storage right. of 22 acre-feet should be awarded with an appropriation date of May 31, 1994, for all other uses described in paragraph 7.B. above. These water storage rights are subject only to the earlier priority rights of others and to the integration and tabulation by the u:.,ision Engineer of such priorities and changes of rights in accordance with the law. Application for a finding of reasonable diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as Applicant desires to maintain the conditional water rights herein awarded, or until a determination has been made that such conditional rights are made absolute by reason of the completion of the appropriation, or are otherwise disposed of. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated this day of 1994. BY T4 F.FWE: Robert C. cutter Water Referee Water Division No. 5 c+ c it; vate9cin,3edled to all `•'tale 9Y� -3- RECEIVED 94CW113 Ciul J 1994 No protest was filed in this matter. The foregoing ruling is confirmed and approved and is made the judgment and decree of this Court t�o�_i1�zr�c , Keg �TQI� FINDINCt.OE_.SZ NABLE UTT.-IGENCE HALL DE SEPTE14BER 2000 Dated this i,<,' day of -J" , 1994. SY THE COURT: �Thobas W. Ossola Water Judge Water Division No. 5 ., ., .• •i to all � •f14a1'I ` CENTRAL FILES WPAL6 - -4- RE EXHIBIT A / (.�' =-1i � f��l i1j`�1 �`, �' - ,�\ • � : (V _ / ' ,\�\• i -� _-� ' SRN •` � t � � � � , ,� � ,� • '�:� • . �) � / `; . mot; IN . �' \��. ,� .- _ � � .r ' � I to ' I .•,1 A. IL WLLJ cc one aDoz Air 0 1` cc VS 412( � 1 -fa ° \, ; ,�- ' • � , " •-' , .. -A=.ram .,' - �, it EXHIBIT R n,KAL MUD JEN] F� t �r DISTRICT COURT WATER DIVISION NO. 5 STATE OF COLORAP r COURT ' tJ Case No. 97CW306 co 0# f F3 -9 t RULING OF THE REFEREE AND DECREE OF THE WATE CLERK TAT TT-TF Aff A TTRR CYF 'i'7X-R APPL ,TrATTON FOR WATER RIGHTS Off' EMD b.1MITED LIABILITY COMPANY, PVRT NOTT I LLC, PVRT NOTT H LLC, PVRT NOTT III LLC, AND THE UPPER EAGLE REGIONAL WATER AUTHORITY REC iVE IN EAGLE COUNTY, COLORADO f�AR 1 9 200 p cfr5� - Lz The above -captioned application was referred to the Water Referee for Watetbivision No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, of the Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter of the application, does hereby make the following determinations and ruling as the Referee in this matter: 1. Application. The above -captioned application was filed on December 31, 1997, by EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT NOTT III LLC (hereinafter collectively "Developers"), c/o William J. Post, Otto, Porterfield & Post LLC, P.O. Box 3149, Vail, CO 81 658-3149, and the Upper Eagle Regional Water Authority (the "Authority"), c/o Dennis Gelvin, General Manager, 846 Forest Road, Vail, CO 81657. The Developers and the Authority are collectively referred to herein as the "Applicants." The Referee hereby finds that the Application is complete, covering all matters required by law, and that the statements in the Application are true. 2. Jurisdiction. All notices required by Iaw have been duly given and the Court has jurisdiction over the subject matter of the application and over all persons affected thereby whether or not they have chosen to appear. 3. Objectors. Statements of opposition to the Application were timely filed by the Colorado Water Conservation Board ("CWCB"), the State and Division Engineers, the City of Aurora, and the City of Colorado Springs. No other statements of opposition were filed herein and the time for filing such statements has expired. DA03957 Ruling of the Referee and Decree of the Water Court Water Division No. 5 Case No. 97CW306 4. Overview. Developers own approximately 1,789 acres of land located in portions of Sections 7, 8, 9 and 10, T. 5 S., R. 81 W., and Section 12, T. 5 S., R. 82 W., Eagle County, Colorado, as depicted on the general location map attached hereto as Exhibit A (the "Property"). Developers are planning to construct The Village (at Avon) (the "Project") on the Property which will consist of residential units, commercial space, cultural and recreational facilities, open space and parks, and other amenities. Developers have entered into a Water Service Agreement (the .L n +") • ,ith the Eagle -Vail :VletrO ^lam ,awn district (the " Dictnrt") and the Authority, and a A b'1eeL11e11L � YY L4jlV pv . �.u.. first amendment to the Agreement with the District, Tfie t r.:'0 " von; ("Avon") and the Authority, wiiereb Avori tt e" uThon "wi T pi —ovii6 a treated water supply for the Project. .�.� an Developers own numerous water"rights on the Eagle River and its tributaries which have historically been used primarily for irrigation. Applicants seek to change the use of these water rights so that they may be used to augment depletions associated with the Project. By the subject application, Applicants also seek conditional water rights, conditional storage rights and approval of a plan for augmentation. 5. Conditional Water Rights (Surface). A. Name of Structures: (1) Metcalf Ditch. (2) Raw Water Booster Pump. B. Legal Descriptions: (1) Metcalf Ditch Headgate. The Metcalf Ditch headgate is located on the North Bank of the Eagle River in Section 7, T. 5 S., R. 81 W. of the 6th P.M. at a point from which the SE comer of the SW 1/4 of said Section 7 bears South 53 °00'40" E. 1,446 feet. (2) Raw Water Booster Pump. The Raw Water Booster Pump is located on the North bank of the Eagle River and diverts from a point from which the SW comer. of the NW 1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. bears South 18 ° 01'34" W. 1,55i.13 feet. C. Source: The source for both the Metcalf Ditch and Raw Water Booster Pump is the Eagle River, tributary to the Colorado River. D. Amount: (1) Metcalf Ditch. 3.6 cfs, conditional. (2) Raw Water Booster Pump. 3.6 cfs, conditional. DA03957 -2- Rttiing of the Rclerec and Deuce of the Water Caun Water Division No. 5 Case No, 97CW306 E. Date of Appropriation for Conditional Water Right$: December 31, 1997. This date is based upon the formation of the intent to appropriate coupled with actions sufficient to put third parties on notice of such intent to appropriate. E. Jse: Domestic, municipal, quasi -municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses, replacement of reservoir e'JapOrat.On and storage. lvrun:C.pal uses may Only be made ahcnititP if the Project is included in a municipal or quasi -municipal special district. 6. Conditional Water Rights (Storaue�. A. Name of Structures: (1) The Village (at AvW Lake No. 1. (2) The Village (at Avonj Lake No. 2. B_ Legal Descriptions: (1) The Village (at Avon) Lake No. 1: This lake is located in the Sl/2 SE1/4 NE1/4 and the N1/2 NE1/4 SE1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, Colorado. (2) The Village (at Avon) Fake No. 2. This lake is located in the NW1/4 SE1/4 of Section 7, T. 5 S., R. 81 W. of the 6th P.M., Eagle County, Colorado. C. ource: The source of The Village (at Avon) Lake Nos. 1 and 2 will be surface drainage tributary to the Eagle River, and surface diversions from the Eagle River or its tributaries. D. mount: (1) The Village (at Avon) Lake Nos. 1 and 2: Combined total of 27 acre-feet, conditional, with the right to fill and refill. The total surface area of the two lakes combined will not exceed 2.7 acres. It is expected that storage in the lakes will be 100% active. The precise quantity of water stored in each lake, the surface area of each lake and a more definite legal description of each lake will be included in any application to make the conditional water rights absolute, limited only by the total storage and total surface area maximums and the legal descriptions set forth herein. (2) Surface Diversion Structures: Applicants will use the Nottingham and Puder Ditch, for which the diversion point is described below at paragraph 7(B)(1), to divert DA03957 -3- water for filling and refilling The Village (at Avon) Lake Nos. 1 and 2, limited to a conditional diversion rate of 5 c.f.s. Alternatively, Applicants may divert up to 5 c.f.s. by augmentation using the water rights described below at paragraph 7, in which case the stored water shall be accounted against the historic consumptive use credits for those water rights described at paragraph 7(D). E. Date of Appropriation. May 20, 1997, This date is based upon the existence of both the intent to appropriate and actions consistent with such intent. P. 'Ise. Domestic, municipal, quasi -municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses, replacement of reservoir evaporation, storage, augmentation and exchange. Municipal uses may only be made absolute if the Project is included in a municipal or quasi -municipal special district. Change of Water Rights. A. Name of Changed Structures: (1) Nottingham and Puder Ditch -Original Construction; (2) Puder Ditch; (3) Nottingham Ditch (Ditch No. 76); (4) Nottingham Ditch (Ditch No. 93); (5) Traer No. 1 Ditch; (6) Traer No. 2 Ditch. B. Previous Decrees for Chanp-ed Structures (1) Nottingham and Puder Ditch -Original Construction. In Case No. 385, this ditch was decreed 10.0 c.f.s. absolute for irrigation use with an appropriation date of April 2, 1889, and an adjudication date of March 5, 1901. The Priority No. is 148,and the Ditch No. is 97. The Nottingham and Puder Ditch diverts from the north bank of the Eagle River at a point which bears S. 12 ° W. 250 feet from the S 1/4 corner of Section 8, T. 5 S., R. 81 W. of the 6th P.M. Developers own 7.5 c.f.s. of this water right. — (2) Puder Ditch. In Case No. 294, the Puder.Ditch was -decreed 1.4 c.f.s. absolute for irrigation use with an appropriation date of October 1, 1892, and an adjudication date of June 29, 1894. This water right was awarded Priority No. 120A. The Puder Ditch diverts from the east side of Nottingham Creek at a point set forth in the decree as 300 feet NE of the NE corner SE1/4 SE1/4 Section 7, T. 5 S., R. 81 W. Developers own a 100% interest in this water right. (3) Nottingham Ditch (Ditch No. 76). In Case No. 294, the Nottingham Ditch was decreed 2.0 c.f.s. conditional for irrigation use with an appropriation date DAo3957 -4- Ruling ol'the Referee and Decree or the Water Court Water Division No. 5 Cast No. 97C W706 of November 3, 1892, and an adjudication date of June 29, 1894. This water right was awarded Priority No. 124 and was made absolute in Case No. 963. The Nottingham Ditch diverts from the west side of Nottingham Creek at a point set forth in the decree as about 300 feet NE of the NE comer of the NEl/4 SE 1/4 Section 7, T. 5 S., R. 81 W. Developers own a 100% interest in this water right. (4) Nottinahan-i Ditch Ditch No. 93). In Case No. 385, the Nottingham Ditch (Ditch No. 93) was decreed 2.0 c.f.s. absolute for irrigation use with an appropriation date of May 26, 1887, and an adjudication date of March 5, 1901. This water right was awarded Priority No. 144. The Nottingham Ditch diverts from the east side of Nottingham Creek at a point set forth in the decree as whence the 1/4 section corner between sections 7 and 8, T. 5 S., R. 81 W. bears S. 34' W. 505 feet. Developers own a 100% interest in this water right. (5) Traer No. 1 Ditch. In Case No. 446, the Traer No. 1 Ditch was decreed 0.9 c.f.s. absolute for irrigation use with an appropriation date of August 30, 1890, and an adjudication date of June 4, 1907. This water right was awarded Priority No. 211. The Traer Ditch No. 1 diverts from the west bank of Traer Creek at a point about 300 feet South of the North Line and about 600 feet West of the East Line of SE1/4 SE1/4 Section 8, and SW1/4 SW 1/4 Section 9, T. 5 S., R. 81 W. Developers own a 100°% interest in this water right. (6) Traer No. 2 Ditch. In Case No. 446, the Traer No. 2 Ditch was decreed 0.3 c.f.s. absolute for irrigation use with an appropriation date of November 1, 1905, and an adjudication date of June 4, 1907. This water right was awarded Priority No. 253. The Traer No. 2 Ditch diverts from the east bank of Traer Creek at a point set forth in the decree as about 300 feet South of North Line and about 600 feet West from the East Line SE1/4 SEl/4 Section 8, T. 5 S., R. 81 W. Developers own a 100% interest in this water right. C. Other Relevant Decrees. In Case No. 90CW 182, the point of diversion for the Puder Ditch, Nottingham Ditch (Ditch No. 76), Nottingham Ditch First Enlargement (Ditch No. 76) and Nottingham Ditch (Ditch No. 93) were changed to the Nottingham Ditch Headgate Nos. 1-4 located on Nottingham Gulch, a tributary to the Eagle River. The Nottingham Ditch Headgate Nos. 1-4 are located as follows: (1) Notting_ham Ditch Headgate No. l: Beginning at Headgate No. 1, from which an existing brass cap monument marking the Witness Comer for the Quarter Corner of Sections 7 and 8 bears N. 51 °45'17" E. 1960.83 feet distant, and from which a reference monument, a No. 5 rebar and aluminum cap marked PLS 12566 bears N. 42 °00'00" W. 13.00 feet distant. (2) Nottingham Ditch Headgate No. 2: Beginning at Headgate No. 2, from which an existing brass cap monument marking the Witness Corner for the Quarter Corner DA07957 -5- Ruling of the Rcferec and Decree or the Water Court Water Division No. 5 Case No, 97CW306 oCSections 7 and 8 bears S. 42'19'19" W. 421.90 feet distant, and from which a reference monument, a No. 5 rebar and aluminum cap marked PLS 12566 bears S. 15°33'10" W. 7.05 feet distant. (3) Nottingham Ditch Head ate No. 3: Beginning at Headgate No. 3, from which an existing brass cap monument marking the Witness Comer for the Quarter Corner of Sections 7 and 8 bears S. 34°00'28" W. 657.24 feet distant, and ircI­n whic" a reference monument, a No. 5 rebar and aluminum cap marked PLS 12566 bears N. 84°33'39" E. 13.03 feet distant. (4) Nottingham Ditch Headgate No. 4: Beginning at Headgate No. 4, from which an existing brass cap monument marking the Witness Comer for the Quarter Corner of Sections 7 and 8 bears S. 24°05'58" W. 2505.14 feet distant, and from which a reference monument, a No. 5 rebar and aluminum cap marked PLS 12566 bears S. 62°00'00" W. 50.00 feet distant. The bearings contained in the above legal descriptions for the Nottingham Ditch Headgate Nos. 1-4 are relative to a bearing ofN. 00° 10'00" W. between the Witness Corner for Section 7 and 8 and the NW Comer of Section 8, T. 5 S., R. 81 W. - --^ D. Historic Use: The water rights owned by Developers and described above in paragraphs 7(B) and 7(C) (the "Subject Water Rights") total 14.1 c.£s. in absolute direct flow priorities. Historically, the Subject Water Rights were used to irrigate an average of approximately 183 acres on the Property. The historically irrigated acreage, as well as certain historic water rights structures associated with the Property, are depicted on Exhibit B attached hereto. Based upon an historic use analysis conducted by Bishop-Brogden Associates, Inc., it was determined that, on an annual average, 4,334 acre feet were diverted under the Subject Water Rights and the water rights to be abandoned under paragraph 71. below, and approximately 252.4 acre-feet per year of historic consumption is attributable to the Subject Water Rights. The historic consumptive use credits ("HCU") distributed by water right on a monthly basis are as_ follows: DA03957 -6- Distribution of Historic Consumptive Use - By Water Right Riding of I.he Referee and Decree of the Water Conan (All Values in AG-11 Unless Indicated Otherwise) Water Division No, 5 Case No. 97CW706 Ditch System, Water Right & Priority Dale Irrigated Historic Consum live Use Decreed June Jul August Set Oct Total AcresF7. Amount cfs Nottingham & Puder System - Original Water Right - 04/02/1889 122 40.2 42.6 41.9 26.8 14.6 192.9 7.5 Dedicated to 97CW306 22.1 25.2 24 18A 10.5 119.6 4.630 Remainingfor EMD 18.1 17.4 17.9 SA 4.1 73.3 2.b70 Nottingham Ditch System Original Water Rights: Puder Ditch - 10/01/1892 14 1.8 3.9 3.2 2.9 1.2 0.6 13.6 1.4 Nottingham No. 93 - 05/26/1887 20 2.5 5.5 4.6 4.1 1.6 0.8 19.1 2 Nottingham No. 76 - 11/03/1892 13 1.7 3.7 3 1 2.7 1.1 0.5 12.7 2 Total for System 47 6 13A 10.8 9.7 3.9 1.9 45.4 Dedicated to 97CW306: Puder Ditch - 10/01/1892 1.3 2A 1.9 1.7 0.11 0.4 8.2 0.864 Nottingham No. 93 - 05/26/1887 1.8 3 2.7 2.4 1.1 0.6 11.6 1.235 Nottingham No. 76 - 11/03/1892 1.2 2 1.8 1-5 0.8 0.4 7.7 1.235 Total for System 4.3 7.1 6.4 5.6 2.7 1.4 27.5 Remaining for EMD: Puder Ditch - 10/01/1892 0.5 1.8 1.3 1.2 0.4 0.2 5A 0.536 Nottingham No. 93 - 05/26/1887 0.7 2.5 1.9 1.7 OS 0.2 7.5 0.765 Notlin ham No. 76 - 11/0311892 0.5 1.7 1.2 1.2 0.3 0.1 5 0.765 Total for System 1.7 6 4.4 4.1 1.2 0.5 17,9 Traer Ditch System Original Water Rights: Traer No. 1 - 08/30/1890 12 2.2 3.6 3.2 1.6 0.8 0.3 11.7 0.9 Traer No. 2 - 11101/1905 2 0.4 0.7 0.7 0.3 0.2 0.1 2A 0.3 Total for System 14 2.6 4.3 3.9 1.9 1 0A 14.1 Dedicated to 97CW306: Traer No. 1 - 08/30/1890 1.6 2 1.9 0.9 0.6 0.2 7.2 0.556 Traer No. 2 - 11101/1905 0.3 0.4 0.4 0.2 0.1 0.1 1.5 0.185 Total for System. 1.9 2.4 2.3 1.1 0.7 0.3 8.7 Remaining for EMD: ' Traer No. 1 - 08/30/1890 0.6 1.6 1.3 0.7 0.2 0.1 4.5 0.344 Traer No. 2 - 11/O1/1905 0.1 0.3 0.3 0.1 0.1 0 0.9 0.115 Total for System 0.7 1.9 1.6 0.8 0.3 0A 5.4 Total For All Ditches: 183 35.4 57.6 57.3 53.5 31.7 16.9 252.4 Dedicated to 97CW306: 25.6 31.6 33.9 30.7 21.8 12.2 155.8 Remaining for EMD: 9.8 26 23.4 22.8 9.9 4.7 96.6 DA01957 -�- Ruling of the Referee and Decree of the Water Court Watcr Division No, 5 Case No. 97CW306 Accordingly, 8.7035 cfs out of the 14.1 cfs associated with the Subject Water Rights and a total of 155.8 acre feet out of the 252.4 acre feet of HCU attributable to the Subject Water Rights are dedicated to this plan for augmentation. E. Requested Change of Water Rights: As set forth above, Developers have entered into an amended Water Service Agreement to obtain treated water service for the Project Dever , from, Avon and the Authority. in addition, the Developers may continue to �aa .:.,..o�ra w `nOn- potable) water through the Nottingham and Puder Ditch for irrigation, flow through and recreational purposes. The Subject Water Rights will be usea to augment new depletions under both the treated and raw (non -potable) water systems. To provide such water service for the Project, Applicants propose to change the type of use and place of use of the Subject Water Rights to include domestic, municipal, quasi -municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses, and replacement of reservoir evaporation, all of which uses will occur by storage, augmentation and exchange. Water will only be used for municipal purposes under this provision if the Project is included in a municipal or quasi -municipal special district. F. Abandonment. As set forth above, Bishop -Broaden Associates, Inc. conducted an historic consumptive use analysis of all the water rights owned by Developers. That analysis showed that diversions historically occurred both under the Subject Water Rights and the water rights listed below. Although diversions occurred under all of the water rights, the historic use analysis determined that all of the consumptive use was attributable to the Subject Water Rights. Therefore, at the request of the State and Division Engineers, Developers agree to abandon the following water rights: (1) Nottingham and Puder Ditch -First Enlargement. In Case No. 963, the Nottingham and Puder Ditch was enlarged and decreed 4.42 c.f.s. absolute for irrigation use with an appropriation date of April 2, 1890, and an adjudication date of October 3, 1936, and an additional 1.0 c.f.s. conditional for irrigation. The 5.42 c.f.s. was given Priority No. 377. The 1.0 c.f.s. conditional portion of the water right was made absolute by order of the Court in Cade - No. 963, dated June 4, 1942. Developers own 2.79 c.f.s. of this water right. (2) Nottingham and Puder Ditch -Second Enlargement. Pump and Pil2eline. In Case No. 1193, the Nottingham and Puder Ditch was again enlarged and decreed 13.58 c.f.s. absolute for irrigation use with an appropriation date of May 31, 1941, and an adjudication date of July 23, 1958. This water right was awarded Priority No. 527. Developers own 9.345 c.f.s. of this water right. The pump is located at a point on the Nottingham and Puder Ditch from whence the Quarter Comer between Sections 7 and 8, T. 5 S., R. 81 W. of the 6th P.M. bears North 70°57' East 2,867.7 feet. DAo7957 -8- Ruling of the Referee and Decree of the Water Court Water Division Na. 5 Case No. 97CW306 (3) Nottingham and Puder Ditch -Third Enlargement. In Case No. W- 3941, a third enlargement of the Nottingham and Puder Ditch was decreed for 4.45 c.f.s. absolute for industrial purposes with an appropriation date of June 1, 1968, and an adjudication date of December 31, 1978. Developers own a 100% interest in this water right. (4) MCMonagle Ditch -First Enlargement. In Case No. 1193, this ditch enlargement was decreed 1.5 c.f.s. absolute for irrigation use with an appropriation date of May 31, 1955, and an adjudication date of July 23, 1958. The water right was awarded Priority No. 541. Subsequently, in Case No. W-415, 1.0 c.f.s. of this water right was transferred to the Nottingham and Puder Ditch and 0.5 c.f.s. abandoned. Developers own a 100% interest in this 1.0 c.f.s. water right. (5) Nottingham Ditch First Enlargement (Ditch No 761. In Case No. 963, the Nottingham Ditch was enlarged and decreed 2.43 c.f.s. absolute for irrigation use with an appropriation date of November 3, 1915, and an adjudication date of October 3, 1936. This water right was awarded Priority No. 428. Developers own a 100% interest in this water right. (6) Broken Spring. In Case No. W-407, the Broken Spring was decreed 0.5 c.f.s. conditional for domestic and livestock use with an appropriation date of August 16, 1971, and an adjudication date of December 31, 1971. The spring is located at a point whence the Section Corner common to Sections 8, 9, 16 and 17, T. 5 S., R. 81 W., bears S. 29021'25" E. 1369.58 feet. Developers own a 100% interest in this conditional water right. (7) Middle Spring. In Case No. W-407, the Middle Spring was decreed 0.2 c.f.s. conditional for domestic and livestock use with an appropriation date of August 16, 1971, and an adjudication date of December 31, 1971. The spring is located at a point whence the Section Corner common to Sections 8, 9, 16 and 17, T. 5 S., R. 81 W., bears S. 42 °30'10" W. 816.24 feet. Developers own a 100% interest in this conditional water right. 8. Plan for Augmentation and Exchange. — A. Structures to be Augmented: As set forth above, treated water service for the Project will be provided by Av n and the Authority using the Conditional Water Rights (Surface) described in paragraph 5 above. However, in areas of higher elevation within the Property, up to 41 individual wells (the "Individual Wells") may be used to supply potable water if water service is not feasible from the Authority and Avon. Out of priority depletions from these structures, as well as the non -potable diversions from the Nottingham and Puder Ditch, are covered by this augmentation plan. The augmented structures are as follows: (i) Metcalf Ditch Headgate. The Metcalf Ditch headgate is located on the North Bank of the Eagle River in Section 7, T. 5 S., R. 81 W. of the 6th P.M. at a DA03957 -9- RuI inc or the Rcfcrec and Decree of the Water Court Watcr Division No. 5 Case No. 97CW306 point from which the SE comer of the SW1/4 of said Section 7 bears South 53°00'40" E. 1,446 feet. (ii) Raw Water Booster Pump. The Raw Water Booster Pump is located on the North bank of the Eagle River and diverts from a point from which the SW comer of the NWI/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. bears South 1 So 01'34" W. 1,551.13 feet. (iii) Individual Wells. Up to 41 individual wells may be developed to service single-family lots (with caretaker unit) within the Project and the depletions therefrom will be augmented under this plan. No independent water rights are sought for these wells. (iv) Nottingham and Puder Ditch. The Nottingham and Puder Ditch is described above at paragraph 7(B)(1). Diversions at the Nottingham and Puder Ditch headgate under the plan will be used for raw water irrigation, to fill The Village (at Avon) Lake Nos. 1 and 2, and to allow flow through water for recreational purposes. (v) The Village (at Avon) Lake Nos 1 and 2. The Village (at Avon) Lake Nos. 1 and 2 are described above at paragraph 6(B). B. Direct Flow Water Rights to be Used for Augmentation. The HCU credits associated with the Subject Water Rights, described above at paragraph 7(D) will be applied as necessary to this augmentation plan. C. Storaee Facilities to be Used for Augmentation. (1) Nottingham Reservoir. In Case No. 94CWI 13, Nottingham Reservoir was conditionally decreed for 22 acre-feet for domestic, commercial, industrial, augmentation and other uses with an appropriation date of May 31, 1994, and an adjudication_ date of December 31, 1994. In the same case, the Reservoir was also decreed 22 acre-feet absolute for irrigation and stock watering. Nottingham Reservoir is an on -channel reservoir located on Nottingham Gulch, a tributary of the Eagle River. The point of intersection of the Nottingham Dam axis with the centerline of the easterly spillway is located in the SW I/4 of the NWI/4 of Section 8, T. 5 S., R. 81 W., at a point whence the northwesterly comer (BLM Brass Cap) of said Section 8 bears N. 27°34'30" W. 1800 feet. Developers own an undivided 100% interest in said Reservoir. (2) The Village (at Avon) Lake Nos. 1 and 2. Applicants seek conditional storage rights for these structures as discussed above at paragraph 6. DA03957 -10- Ruling of the Rcferue and Decree of the Water Court Water Division No. 5 Case No. 97CW306 (3) E Qle Park Reservoir. Water attributable to 300 shares in the Eagle Park Reservoir Company which Developer obtained out -of the District's and Authority's interest in Eagle Park Reservoir, the water right and exchange rights for which were decreed in Water Court Case Nos. 92CW340 and 95CW348, for a capacity of 5300 acre feet, with an appropriation date of March 16, 1991, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife; irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located. approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. The specific points of diversion into storage for Eagle Park Reservoir are as follows: (i) The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the Eagle River at the following points, all of which are located in Eagle County, Colorado: (a) 900 feet south of the north section Iine and 1100 feet west ofthe east section line of Section 5, T. 8 S., R. 79 W., 6th P.M. (b) 1250 feet south of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M. (c) 1200 feet north of the south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M. (d) Runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above -described points of diversion and Eagle Park Reservoir. (ii) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles frorn Fremont Pass, located in the W/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Lake and Summit Counties and from the headwaters of the East Fork of the Eagle River in Eagle County. DA03957 -11- Ruling of the Re Force and Decree of the Water Court Water Division No. 5 Case No. 97C W 306 (iii) The East Interceptor Ditch, which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast comer of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77' and 20' East a distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No. 1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. (iv) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (a) On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 79 W. bears South 71 ° and 35' West a distance of 3250. (b) On the south bank of Mayflower Creek at a point whence the northeast comer of Section 24, T. 7 S., R. 79 W., 6th P.M. Bears North 16°. and 55' East a distance of 2250 feet. (c) Runoff, surface flow, and seepage from the area above the Supply Canal No. i as it runs between the above -described points of diversion and the Climax Mill. (v) The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (a) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears South 45' and 58e East 3740 feet (located in the NW/4 of the SE/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.). (b) On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39' and 36' east 2635 feet (located in the SE/4 of Section 22, T. 7 S., R. 79 W., 6th P.M. (c) Runoff, surface flow, and seepage from the. area above the Supply Canal No. 2 as it runs between the above -described points of diversion and the Climax Mill. •D �- .-Project=Assum�tionsand Depletion Factors -Under the proposed -- development`plan;-and at-fulltuild-out; the -Project -will-consist of -the following anticipated mix -- ,of uses: 91-single family -units (each=with a:separate.caretaker unit) and 2,218 -multi-family -units DA03957 -12- Ruling of the Rcfcrcc and Decree of the Water Court Water Division No, 5 Case No. 97CW306 (ail with lawn irrigation); 650,000 square feet of commercial space; up to 200,000 sq. ft. of churches, cultural, community and recreational facilities; a school; and 3.8.27 irrigated acres of commercial and public irrigated areas, including common areas, recreational fields, school yards, open space and parks. Based upon the anticipated mix of uses and the water4use-assumptions set forth in the attached Schedule A, certain. depletion::factors were developed to be applied to the Project's potable diversions, well diversions and raw water irrigation diversions to determine Project stream depletions, as Sot lUrttl in the attached Schedule B. Based up:,rl Llll.7 1111V11114L1V11, the expected total maximum annual consumption of water resuiting from the Project will be approximately IS acre-feet per year. The morithly°distributioa.of„pxojected diversions and, , depletions;=as well as the available HCU credits, are set forth in Schedule C attached hereto. Schedules A, B and C are incorporated into this decree by this reference. E. Modification of Del2letion Factors. As discussed below, the mixture of the P�ojecc..,�..anticipated uses may change. However, to ensure that the depletion factors are appropriate, if the amount of commercial and public irrigated area ever exceeds 38.27 acres, the depletion factors in schedule B shall be revised based upon said irrigated acreage and using the consumptive use assumptions in the attached Schedule A. If the commercial and public irrigated area is ultimately less than 38.27 acres, Developers may at their discretion revise the depietion factors based upon said irrigated acreage and using the consumptive use assumption in Schedule A, although any later increases in the amount of commercial and public irrigated acreage would require additional revisions. Any revised depletion factors will be submitted by Applicants to the State Engineer's Off -ice for its approval. The consumptive use assumptions in chedule A are not subject to such modification. F. Description of Augmentation Plan. Out -of -priority depletions resulting from diversions at the augmented structures at paragraph 8(A) shall be replaced with monthly HCU credits from the Subject Water Rights and/or storage releases from the facilities referenced at paragraph 8(C). All said Project depletions replaced by storage releases or under the HCU credits shall be determined on a monthly basis by multiplying the various Project diversions by the depletion factors set forth in Schedule B, as said factors may be amended pursuant to __.,. paragraph 8(E). The storage rights, as described in paragraph 8(C), will permit Applicants to make adequate releases during the non -irrigation season for augmentation purposes. In the case of The Village (at Avon) Lake_Nos. 1 and 2, Applicants will either store water under the junior priorities decreed herein or store a portion of the HCU credits of the Subject Water Rights during the irrigation season for subsequent release during the non -irrigation season. The Project may consist of a different mix of typesofuses than -set forth in Pafaggraph l:8(D),.provided that the out---of-prior depletions resulting therefrom canbe augmented by storage releases under.this plan and/or satisfied by the HCU credits -of the'Subject Water Rights asdescribed herein. DA03957 -13- Ruling of the Rcfercc and Decree of the Water Court Water Division No. 3 Case No. 97CW306 G. Project Diversion Rate Limits. To ensure there is no expansion upon the historic diversions under the Subject Water Rights, combined Project diversions measured atthe Nottingham and Puder Ditch, the Metcalf Ditch, the Raw Water Booster Pump, and the Individual Wells, shall not exceed the following historic numbers on a ten-year running average: May -- 288.1 af; June -- 838.8 af; July -- 866.8 af; August -- 866.8 af; September -- 625.5 af;. October 488.1 af. H. Exchange Rights. (1) Exchange Reaches. The following four separate exchanges may occur under this plan for augmentation and exchange: (a) Exchange No. l . The exchange reach shall extend from a point on the Eagle River in the SEl/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. (outlet of The Village (at Avon) Lake No. 1) upstream on the Eagle River to its confluence with Traer Creek in the NW1/4 of Section 16, T. 5 S., R. 81 W. of the 6th P.M., and then upstream on Traer Creek to a point in the NE 1/4 of Section 9, T. 5 S., R_ 81 W. of the 6th P.M. being the approximate point where the Individual Wells will deplete Traer Creek. (b) Exchange No. 2. The exchange reach shall extend from a point on the Eagle River in the SE1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. (outlet of The Village (at Avon) Lake No. 1) upstream on the Eagle River to the headgate of the Metcalf Ditch at the location described in paragraph 5.B.1. above. (c) Exchange No. 3. The exchange reach shall extend from the confluence of Nottingham Gulch and the Eagle River in the SEl/4 of Section 7, T. 5 S., R. 81 W. of the 6th P.M., upstream on the Eagle River to its confluence with Traer Creek in the NW 1/4 of Section 16, T. 5 S., R. 81 W. of the 6th P.M., and then upstream on Traer Creek to a point in the NE 1/4 of Section 9, T. 5 S., R. 81 W, of the 6th P.M. being the approximate point where the Individual Wells will deplete Traer Creels. (d) Exchange No. 4. The exchange reach shall extend from the Nottingham and Puder Ditch headgate described in paragraph 7.B.(1) above, upstream on the . Eagle River to its confluence with Traer Creek in the NWI/4 of Section 16, T. 5 S., R. 81 W. of the 6th P.M., and then upstream on Traer Creek to a point in the NE114 of Section 9, T. 5 S., R. 81 W. of the 6th P.M. being the approximate point where the Individual Wells will deplete Traer Creek. DA03957 -14- Ruling of the Referee and Decree of the Water Court Water Division No. 5 Case No. 97CW306 (2) Exchange Rates. (a) Exchange No. 1. 0.0152 cfs (0.022 a.f. per month per well as shown in Schedule B with 41 wells). (b) Exchange No. 2. 0.55 cfs (maximum rate of depletion for the Project in July as shown in Schedule C). (c) Exchange No. 3. 0.0152 cfs. (d) Exchna e No. 4. 0.0152 cfs. (3) Exchange Priority. December 31, 1997. This date is based upon the formation of the intent to appropriate coupled with actions sufficient to put third parties on notice of such intent to appropriate. 9. Stipulations with Objectors. Applicants entered into the following Stipulations with Objectors in this matter: A. Stipulation with the CWCB dated June 9, 1999, whereby the CWCB consented to entry of a Ruling in this matter consistent with the Stipulation and upon inclusion of the Conditions set forth at paragraph 10(H) below. B. Stipulation. with the City of Colorado Springs dated February 28, 2000, consenting to the entry of a decree herein. C. Stipulation -with the City of Aurora dated May 15, 2000, consenting to the entry of a decree herein. D. Stipulation with the State and Division Engineers dated February 7, 2001, consenting to the entry of a decree herein. The above Stipulations are approved by the Court and are binding upon the parties thereto. �10. =_ Terms and Conditions. --The Referee hereby determines that the above- referenced conditional. water rights; change of water rights -and plan for -augmentation and-•- exchange will not result in injury to any owners of or persons entitled .to.use water -under a vested water right or.:decreed conditional water right if granted upon the=terms set forth -herein, including - the followingterms and conditionsr - DA03957 -15- Ruling of the Raferce aad Decree of the Watnr Court Water Division No. 5 Case No. 97CW306 A.,--- The Applicants, or their successors and assigns, shall install measuring devices, provide accounting and supply calculations regarding the timing of depletions as may reasonably be required by the Division Engineer for the operation of the augmentation plan. Applicants or their successors and assigns shall also file au annual report with the Division Engineer summarizing diversions, depletions and replacements under the plan. A sample accounting form for the Project is attached hereto as Exhibit C. B. As set forth above, the �teferee has termined that the historic consumptive use attributable to the Subject Water Righ K is 252.4 re -feet per year and under ."the proposed development plan, the expected maxirnumn,araxi--ual consumption of water will be approximates 181 acre-feet per year., In approving the plan for augmentation and exchange, the Referee has concluded that the Subject -Water Rights, in conjunction with the storage facilities to be used for,, augmentation, are adequate to offset all depletions associated with the Project. However, in accordance with C.R.S. § 37-92-305(8), the State Engineer shall curtail out -of - priority diversions, the depletions from which are not so replaced as to prevent injury. C. Applicants shall account for all Project diversions at the augmentation structures set forth at paragraph 8(A) and apply the depletion. factors set forth in Schedule B, as those may be amended pursuant to paragraph 8(E), to determine total Project depletions. Those depletions that are not associated with in -priority diversions under the conditional water rights described in paragraphs 5 and 6 shall be deducted from the monthly HCU credits described in paragraph 7(D) and/or replaced by releases from storage. D. The Project may consist of a different mix of types of uses than described above at paragraph 8(D), so long as the out -of -priority depletions associated with that mix of uses can be replaced with the water available under the augmentation plan as described above at paragraph 8(F). E. If there is historic consumptive use attributable to the Subject Water Rights in excess of that needed to replace depletions associated with the Project under this augmentation plan, Developers or their assigns may use that excess consumptive use for other purposes upon water court approval. F. The land historically irrigated by the Subject Water Rights, as described in the attached Exhibit B shaIl be dried up. Notwithstanding this dry -up provision, Developers shall be allowed to irrigate portions of that land, so long as the depletions associated with such irrigation are accounted for under water rights that are in priority or covered by the augmentation plan herein. G. The Authority will administer the augmentation plan, subject to approval of the Developers. D A03957 -16- Ruling or the Rererce and Decree or the Water Court Water Division No. 5 Cue No. 97C W 306 H. In Case No. 80CW 134, Water Division No. 5, the CWCB was decreed instream flow rights for the upper reach of the Eagle River, starting at the confluence of the Eagle River with Gore Creek and ending at the confluence of the Eagle River with Lake Creek. The decreed instream flow rights for this reach of the Eagle River are 85 cfs between May 1 and September 30, and 35 cfs from October 1 to April 30 (referred to herein as the "Upper Eagle River ISF")_ To allow Applicants to divert on a year-round basis without injuring the Upper Eagle River ISF, the following terms and conditions apply: (i) Applicants' diversion into storage and direct augmentation use of the Subject Water Rights, pursuant to this decree, shall be limited to the. historic irrigation season of the Subject Water Rights. The depletions resulting from and/or augmented by said use of the Subject Water Rights, as said depletions are measured below the Avon Wastewater Treatment Plant Outfall, shall also be limited to the monthly amounts as described in the table set forth in paragraph 7(D) above. In addition, cumulative diversions under the plan for augmentation decreed herein shall not exceed historic diversion amounts of the Subject Water Rights. Storage of historic depletion credits under the Subject Water Rights during the historic irrigation season shall be counted against the monthly depletion limits at the time of diversion into storage; however, said storage water may be released at any time for augmentation purposes, including during the non -irrigation season. (ii) Applicants' out -of -priority depletions may only exceed the monthly historic limits set forth in paragraph 7(D) above if said exceedances are augmented from sources at or above the point(s) of diversion. (iii) Whenever the Upper Eagle River ISF is not being satisfied immediately downstream of one of Applicants' active diversion points Applicants shall make all diversions of potable water at the Raw Water Booster Pump, subject to the exception in subparagraph (iv) below. Applicants shall be entitled to make non -potable diversions and diversions into storage when the Upper Eagle River ISF is not being satisfied, so long as the above terms and conditions are satisfied. — (iv) Applicants shall always be entitled to divert potable water at the Individual Wells, even when the Upper Eagle River ISF is not being satisfied, so long as the Individual Wells use septic systems and resulting out -of -priority depletions are replaced with historic consumptive use credits or releases of upstream storage water. In the event that the Individual Wells are not connected to septic systems, Applicants shall always be entitled to divert at the Individual Wells only if out -of -priority diversions are fully augmented with historic consumptive use credits or upstream storage water. (v) When the Upper Eagle River ISF is not being satisfied during the non -irrigation season, Applicants shall ensure that effluent generated at the Avon DA03957 -17- Ruling of the Referee and Decree of the Water Court Water Division No.5 Case No. 97C W 306 Wastewater Treatment Plant, and attributable to the Project, shall be delivered upstream to a point approximately 70 feet downstream of the Raw Water Booster Pump. (vi) The Authority agrees to make some stream improvements in the reach between the Raw Water Booster Pump and the point where effluent may be delivered upstream pursuant to subparagraph (v), consisting of the movement and/or placement of rocks, to help direct Eagle River flows toward the North bank of the Eagle River during times of low flows to help maintain a fish passage in this 70 foot reach. (vii) The provisions set forth above in sub -paragraphs (v) and (vi) shall only be required when the following "triggers" are both satisfied: (I) when the Project reaches 30% build -out (as measured by single family equivalents); and (II) when the average daily treated water demand at the Avon Water Treatment Plant increases 0.3.5 c.f.s. above the base water demand during the period of October 1 through April 30. Said,"base water demand" shall be the average daily treated water demand at the Avon Water Treatment Plant during the October 1 through April 30 period that precedes any build -out of the Project. Applicants shall be required to notify the CWCB of the "base water demand" after build -out of the Project is initiated. Applicants shall also be required to notify the CWCB when both "triggers" are satisfied. Applicants shall install a device adequate to satisfy the provisions in subparagraph (v) and shall perform the in -stream improvements described in subparagraph (vi) no later than the October 1 following the satisfaction of both "triggers." ° L -° Additional Findings of the Referee. In support of the finding of no injury, the Referee further finds as follows: A.. For the conditional appropriations decreed herein, waters can and will be diverted, stored and, within a reasonable time, be beneficially used by the Applicants as described herein. B.-- The substituted water provided for under the augmentation and exchange_ plan approved herein is of a quality, quantity and continuity so as to meet the requirements for which the water of senior appropriators has normally been used and such substituted water shall be accepted by the senior appropriators in substitution for water derived by the exercise of their decreed rights. 12., Ruling. The foregoing paragraphs are hereby fully incorporated and made a part of this Ruling. The Referee finds that the Applicants have satisfied all necessary legal prerequisites and hereby rules that: (1) the conditional water rights (surface) described above at paragraph 5 are hereby granted; (2) the conditional water rights (storage) described above at paragraph 6 are hereby granted; (3) the change of water rights described above at paragraph 7 are hereby granted; and (4) the augmentation and exchange plan described above at paragraph 8 is DA03957 -18- Ruling of the Referee and Decree of the Water Court Water Division No, 5 Case No. 97CW306 hereby approved. The Referee further rules that under the terms and conditions set forth in paragraph 10, and through operation of the approved augmentation plan, there will be no injury to any owner of or person entitled to use water under a vested water right or a decreed conditional water right as a result of the Ruling entered herein. 13. Retained Jurisdiction. The Court shall retain jurisdiction in this proceeding to reconsider the question of injury to the vested water rights of others as provided in C.R.S. § 37-92-304(6) for a period of ten (10) years from the date Avon and/or the Authority begin providing water service to the Project. Applicants shall provide written notice to all parties of the commencement of this retained jurisdiction period. Any person desiring the Court to reconsider the question of injury must file a verified petition with the Court alleging facts sufficient to demonstrate the injury claimed and the cause of such injury. The person lodging the petition shall have the burden of proof to establish the facts and injury alleged in the petition. If no petition for reconsideration is filed within the ten-year period of retained jurisdiction, the retention of jurisdiction shall automatically expire. In addition, the Court shall also retain jurisdiction in the event that the triggers described in paragraph IO(H)(vii) are satisfied, but paragraph I ")(v) cannot be accomplished because permit approval for the new discharge location cannot be obtained or a signifi ;ant technical or financial obstacle is encountered. In that instance, the Court shall reconsider the limited question of injury to the Upper Eagle River ISF within the stream reach between the Raw INater Booster Pump and the point of discharge from the Avon Wastewater Treatment Plant, and the facts relevant thereto. 14. Reasonable Diligence. An application for a finding of reasonable diligence with respect to the conditional rights granted herein shall be filed in , 2007, and thereafter in accordance with the provisions of C.R.S. §37-92-301(4)(a), so long as Applicants or their successors and assigns, desire to maintain these conditional water rights or until these rights are made absolute or otherwise disposed of. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the Division Engineer for Water Division No. 5 and the State Engineer. DA03957 "1 9- Dated this , day of , 2001. g�# Itie #ar-e9e� Mailed tO all Counsel of record--Wate/ Rp State 01 Johnson Balcomb Pifber Dingess Gimbel Ruling of the Referee and Decree of the Water Court Water Division No. 5 Case No. 97CW306 B REFEREE: V 4-ID MT Daniel B. Petre Water Referee Water Division No. 5 NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED AND IS MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated this day of , 2001. Thomas W. Ossola Water Judge Water Division No. 5 DA03957 -20- AEr .e'VET? APR 13 2001 WATER RESGURCES STATE ENGINEER GOLD. CENTRE;_ FILES Ruling of the Referee and Decree of the Water Court Water Division No. 5 Case No. 97CW306 hereby approved. The Referee further rules that under the terms and conditions set forth in paragraph 10, and through operation of the approved augmentation plan, there will be no injury to any owner of or person entitled to use water under a vested water right or a decreed conditional water right as a result of the Ruling entered herein. 13. Retained Jurisdiction. The Court shall retain jurisdiction in this proceeding to reconsider the question of injury to the vested water rights of others as provided in C.R.S. § 37-92.-304(6) for a period of ten (10) years from the date Avon and/or the Authority begin providing water service to the Project. Applicants shall provide written notice to all parties of the commencement of this retained jurisdiction period. Any person desiring the Court to reconsider the question of injury must file a verified petition with the Court alleging facts sufficient to demonstrate the injury claimed and the cause of such injury. The person lodging the petition shall have the burden of proof to establish the facts and injury alleged in the petition. If no petition for reconsideration is filed within the ten-year period of retained jurisdiction, the retention of jurisdiction shall automatically expire. In addition, the Court shall also retain jurisdiction in the event that the triggers described in paragraph 10(H)(vii) are satisfied, but paragraph 10(H)(v) cannot be accomplished because permit approval for the new discharge location cannot be obtained or a significant technical or financial obstacle is encountered. In that instance, the Court shall reconsider the limited question of injury to the Upper Eagle River ISF within the stream reach between the Raw Water Booster Pump and the point of discharge from the Avon Wastewater Treatment Plant, and the facts relevant thereto. 14. Reasonable Diliaentce. An application for a finding of reasonable diligence with respect to the conditional rights granted herein shall be filed in APRIL , 2007, and thereafter in accordance with the provisions of C.R.S. §37-92-301(4)(a), so long as Applicants or their successors and assigns, desire to maintain these conditional water rights or until these rights are made absolute or otherwise disposed of. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the Division Engineer for Water Division No. 5 and the State Engineer. DA03957 "19- Ruling of the Referee and Decree of the Water Court Water Division No. 5 Case No. 97CW306 Dated this >. day of :MgAjA, 2001. Qppy p# the taFfig0i a mailed to all ]Daniel E REFEREE: Ceun^': of r�rnrd--Waief RefgrP a� --T i'f. clli!lStateDo"* DlerkWaterDiv. N.6Johnson B. Petre Balcomb Water Referee Pifher Water Division No. 5 Dingess Gimbel NO PROTEST WAS FILED IN THIS MATTER THE FOREGOING RULING IS CONFIRMED AND APPROVED AND IS MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated this -�ZF— day of12001. Copy of the forego mailed to all BY THE COURT: Counsel of record--Wate Referee, ---Div. E^� n.esrl/ / 1 Dewty OWM Water DM No s h alas W. Ossola Johnson Water Judge Balcomb Water Division No. 5 Pifher Dingess Gimbel DA03957 -20- i i • CRWO COLD. JIJNL70H \ SPRINGS r r CoLORACo PUEML 1 BEAVER CREEK ,I tMAPA EDWARDS - - - - ----- --- OI � I 0 i \-� VAL AVON { E BEAVER DOWDS { L GRE�K _ _ JCT. - J z� MINTURN G� U o HE VILLAGE (AT AVON) DEVELOPMENT =o ^o R0k GG�� R� DOWDS JUNCTION GENERAL LOCATION MAP THE VILLAGE (AT AVON) DEVELOPMENT EXHIBIT A a .. •� , ��{t C \.. �� �I I .tJjrr� LEI l • fi74R'4 •� LC7 ain� � LL fr �. 1 •: t•. t dry, v �S \ :v'-s.; =_.-� t_,• r [?» . C.. 1:; � ;L/•�; �! ✓/f ! �'/ }! � •S � ��•�` a�rV%_,�. GG�\`= •L�-j,•`�•.•� `•... •� .✓,.�': :�:i ,s: � �:l C\S lilts � -� -�, t F� `� IC �� ti R`��\\ �'�—i'G- i s ,'�+�f• [ 71�1 '•�'�,+ � `r•1i i;� •l �j .7 LEGEND �. APPROXIMATE LOCATION , AREA IRRIGATED SY �-- NOTTINGHAM & PUQER AREA IRRIGATED 8Y Q NOTTINGHAM DITCH SYSTE M---�-- / AREA IRRIGATED BY � ��« � � � �'�_._�.-�'J��.. • TRAER DITCH SYSTEM �.S, SPRINGS, RESERVOIRS AND PROPERTY 6011NDARY AREA SERVED BY J ICALLY IRRIGATED LANDS INDIVIDUAL WELLS �TTIbiGHAU "PROPERTY EXHIBIT B :nc Inc- EXHIBIT C VILLAGE AT AVON ACCOUNTING FORM Enler Area Irrigated By Raw Water System: 0 ' Nov Dec Jon Feb Mar April May June I July August September October Annual Diversions (In ac-1I): Junior Water Rights: 1 @ Metcalf Dllch: 2 0 Raw Water Booster Pump: 0 0 Into Lakes: 0 Under Aug Plan: .Potable System: 4 0Metcalf Ditch 0 -. 5 0 Raw Water Booslar Pump 0 6 Total Potable Under Aug. Plan: 0 0 O 0 0 0 0 0 0 0 0 0 0 Raw Water System (al Nottingham & Puder): 7 For irrigation 0 e Flaw ihru 0 e To Lakes: 0 10 Total Raw Water 0 0 0 0 0 0 0 0 0 0 0 0 a Individual Wells: i 1 Number of Wells 12 Avg Diversion Per Well: 0 10 Total Diversion 0 O 0 0 0 0 0 0 O 0 0 - 0 0 14 Combined Diversion Under Aug Plan: O 0 0 0 O 0 0 O O 0 0 O O Aug Plan Depletions (in ac-fl): Potable System: 15 Deplellon Factor: 0.05 0,05 0.05 0.05 0.05 0.1 - 0.23 0.0 0.3 0.20 0.20 0.14 16 Depletion 0- 0 0 0 0 0 0 0 0 0 D 0 0 Raw Water System (al Nottingham & Puder): 17 Depletion Factor: NA NA NA NA NA NA 0.11 0.0 0,11 0,0 0A 0.0 le Depletion: NA NA NA NA NA NA 0 0 0 0 0 0 0 Individual Wells: 19 Total Depletion: 0 0 0 0 0 a 0 0 0 0 0 0 0 20 Total Aug Plan Depletions: O O 0 0 0 0 0 -. 0 0 0 0 0 O Replacement Sources (in ac-It): 21 Direct HCU Credits: 0 0 O 0 0 0 0- 22 Noflingham Reservoir Release: 0 29 Lakes 1 or 2 Release: 0 24 Eagle Park Release: 0 25 Total Replacement to Stream: 0 0 0 0 0 0 - 0 0 d 0 0 0 0 EXHIBIT C VILLAGE AT AVON ACCOUNTING FORM, Continued Notes: 1. Metcalf Ditch diversions under the 12/31/97 water right for 3.6 cis, r 2. Raw Walar Booster Pump diversions under the 12/31/97 water right for 3.6 cis. 3. Diversions into the Village at Avon Lakes 1 or 2, under the 5120197 water right, limited to a rate of 5 cis through the Nottingham & Pudt.r Ditch headgale. 4. Diversions at the Metcalf Ditch when the 12/31/97 water right Is not In priority. 5. Diversions at the Raw Water Booster Pump when the 12/31/97 water right Is not In priority. 6. Total potable diversions under the plan for augmentation (6) _ (4) + (5) - 7. Raw water Irrigation diversions of the Nottingham and Puder Ditch, melered Into ilia Irrigallon system. 6. Flow through diversions at Ilia Nottingham and Puder Ditch. These are the rural headguin diversion, less Irrigation and storage diversions. 9. Storage diversions at the Nottingham and Pouter Ditch, to the Village of Avon Lakes 1 and 2, when Ilia 5/20197 water rights are not In priority (count against HCU credits). 10. Total raw water diversions under the plan for augmentation (10) _ (7) + (6) + (9) 11. Number of Individual wells currently In use (cannot exceed 41). 12. Average allowed diversion per well from Schedule C of Ilia decree In 07CW306, (Column 1) 141 wells, This value can be monitored with annual reporting of metered usage from w 13. Total diversions by Individual wells (13) _ (11) " (12) 14. Combined diversions under ring plan. The monthly values should not exceed the hlsioric diversions, es shown In Pamgrph O.G. of the proposed decree. 15. Potable system depletion factors from Schedule B of the decree„based upon equation shown,In Schedule B and the taw water system Irrigated area entered at lop of page, 16. Potable system depletion under sug plan (16) _ (15) ' (6) 17. Raw water system depletion factor, from Schedule B of the decree. 16, Raw water system depletion, due to Irrigation use and diversions to storage (10) _ (17) " (7) + (9) 19, Depletion from Individual wells, based upon depletion factor In Schedule B of decree (19) = (11) " q.022 20. Total aug plan depletions (20) _ (16) + (10) + (19) 21. Direct HCU credits used, limited to values In Paragraph 7.13, of decree, 22. Nottingham Reservoir release for augmentation, measured at reservoir outlet. 23. Village at Avon Laos Nos 1 or 2 release for augmentation, measured at outlet. 24. Eagle Park Reservoir release, measured at reservoir and reduced by any assessed transit losses. 25. Total replacement to stream, must equal (20). SCHEDULE A VILLAGE AT AVON WATER USE AND CONSUMPTIVE USE ASSUMPTIONS I Caretaker Unit Per Single -Family Unit with an Additional 3.5 Persons Per Caretaker Unit 75 Gallons Per Capila Per Day for Domestic In-house Demand 0.1 Gallons Per Sq. Ft. Per Day for Commercial, Recreational, and Cultural In -House Demand 2.500 Sq. Ft. Lawn Area Per Single -Family Unit, for 50 Units on potable system 5,000 Sri. Ft. Lawn Area Per Single -Family Unit, for 41 Units Possibly on individual wells 500 Sq. Ft. Lawn Area Per Mulli-Family Unit 1.8 Acre -Feet Per Acre of Lawn Grass Irrigation Consumptive Use 80%u Lawn Irrigation Efficiency 350 Number of students/leachers anticipated al school. 20.00 gallons per student/teacher per day (180 day school year) 0% Consumptive use factor for flow -through wafer diverted in (lie Nottingham & Puder Ditch 5% Indoor Consumptive Use Factor for Units Served by Individual Sewer System 10% Indoor Consumptive Use Factor for Units Served by Individual Septic Tank and Leach Field System BREAKDOWN OF ANNUAL RESERVOIR EVAPORATION Monlh ercenlage o Annual Evaporation mount o Evapo, ation. in Fret January 1.00..� February 3.00 0.06 March 6.00 0.12 April 9.00 0.38 May 12.50 0.25 June 15.50 0.31 July 16.00 0.32 August 13.00 0.26 September 11,00 0.22 October 7.50 0.15 November 4.00 0.08 December +. 1,50 0.03 Total _. SCHEDULE B Village At Avon Future Depletion Factors Potable System Month Depletion Factor If No Raw Water Irrigation Depletion Factor If Raw Water Irrigation Depletion Factor Based Upon Amount Of Raw Water Irrigation January 0.05 0,05 T 0.05 February 0.05 0.05 0.05 March 0.05 0,05 0.05 April 0.10 0.07 (0.1-0, 000784'X) May 0.23 0.14 (0.23 - 0.00235 ' X) June 0.30 0.10 (0.3 - 0.00314 - X) July 0.30 0.18 (0.3 - 0.00314 - X) August 0.29 0.17 (0.29 - 0.00314 - X) September 0.23 0.14 (0.23 - 0.00235 ' X) October 0.14 0.10 (0.14 - 0.00105 ' X) November 0,05 0.05 0.05 December 0,05 0.05 0.05 Approximately 38.27 acres may be Irrigated by the raw water Irrigation system. X = actual number of acres irrigated by the raw water Irrigation system. These factors shall be applied to all potable system diversions at the Raw Water Booster Pump or Metcalf Ditch Headgate Raw Water Irrigation System Depletion Factor = 0.0 times the amount of water diverted at the Nottingham and Puder Ditch headgate for raw water Irrigation. Amount diverted for raw water Irrigation equals total diversion, less amount returned as flow through water. Single -Family Units on Wells Depletion Factor = 0.022 ac-fUmonth per SFU on a well, based upon assumptions and limits shown In Schedule A. .; SCHEDULE C The Village at Avon - Case No. 97CW306 Projected Diversions and Depletions vs Available HCU Credits (All Values in Ac-h) Pro ecled Diversions - Pro acted De lalinn Available Augmentation F lacemanI Supply From Avail From Month HCU Credits HCU Credits Storage 41 Wells Remainin S stem Flow Thru Total 41 Wells Remainln S stem Total January 2 66.5 0 68.5 0.2 3.3 3.5 0 3.5 February 1.9 59,9 0 61.8 0.18 3.02 3.2 0 3.2 March 2 66.5 0 6B.5 0.2 3.3 3.5 0 3-5 April 2.3 69.3 0 71.6 0.48 7.22 7.7 0 7.7 May 3.5 91.5 122.9 217,9 1.38 24.22 25.6 35.4 25.6 June 4.2 96.8 119 220 1.94 29.66 31.6 57.6 31.6 July 4.4 101.5 122.9 220.0 ,2,09 31-81 33.9 57.3 33.9 August 4.2 97.8 122.9 224.9 1.9 20.8 30.7 53.5 30.7 September 3.4 85.5 119 207.9 1.33 20.47 21.B 31.7 21.8 - October 2.7 76.4 122.9 202 0.72 11.48 12.2 16.9 12.2 November 2 64.3 0 . 66.3 0.2 3.2 3.4 0 3.4 December 2 66.5 0� 6B.5 0.2 3.3 3.5 0 _ 3.5 34.6 942.5 72g.6 1706.7 10.82 9.78 180.6 252A 155.8 24.B Notes: Projected diversions based upon 41 SFE's on wells, 50 SFE's on remaining system, 2,21 B MFU's, 850,000 sq. ft. of commercial, cultural and recreational facilities, a school, 5.7 acres of reservoirs, and 30.27 acres of public irrigation. Projected diversions and depletions based upon assumptions shown In Schedule A of proposed decree. Flow-lhiu diversions assume a rate of 2 cis, all returned to the river. All values shown for projected diversions and depletions are based upon full anticipated buildoul. Available HCU credits from Paragraph 7.13 of proposed decree, based upon historic use analysis presented In May 1997 report. Available HCU credits can be stored on site or supplemented with water released from storage under the EMD storage rights in order to make year -around replacements. Actual future diversions and depletions may change, so long as all depletions are fully replaced. Actual future depletions will be calculated based on measured diversions and the depletion factors shown In Schedule H. Replacement supply from Available HCU credits will come from the portions of the rights dedicated to the plan, as specified In Paragraph 7 of the decree. Replacement supply from storage will come from Eagle Park Reservoir, Nottingham Reservoir, or from Ilia Village at Avon Lakes No. 1 and 2 water rights. .r ATTACHMENT C Town of Avon Irrigation Water Management Plans Attachment A Town of Avon Irrigation System Priority Repair Plan Updated: October, 2022 The purpose of this document is to provide guidance regarding the prioritization of repairs to the Town - owned irrigation infrastructure. This infrastructure is comprised of head gates, ditches, sediment ponds, holding ponds, intake lines, pump station, pump station electrical, distribution mains, distribution laterals, isolation valves, electric (Scrubber) valves, heads, Controllers, field wiring (both 120V & 28V), and a central control system (computer, software, individual server, weather station, telecom lines). As of spring 2019, we had a system that appears to have had Maxicomm central control at one time. Most of the essential components have been either damaged or removed. We had numerous mainline and lateral leaks, faulty wiring; some disconnected altogether, and multiple closed isolation valves forcing a looped system to function as a directional system. The pump station was replaced in 2015, however, had missing data, and set points causing near -daily faults that were shutting down the station in order to protect itself, never completing a full cycle (Scheduling inside of the controllers was a large contributing factor). Prioritization Schedule Pump station: Revisit all setpoints with Rainbird engineers to resolve pump start faults. Complete Scheduling: Revise scheduling in all controllers to optimize the flow characteristics of pumps and resolve pump start faults. Complete Main lines: Locate and repair all breaks in the main line. All leaks found stemmed from improper repair in past. Mainline breaks are typically not visible at the surface but waste hundreds of gallons per minute (GPM). Complete Ditches: Ditches will be hand cleaned bi-weekly. Complete This includes the Buck Creek Ditch, Metcalf Ditch, and Nottingham Poudre Ditch. Repair all large leaks in ditches, and work with engineering to pipe all ditches through CIP's. The Town diverts just over 2.585 million gallons/day (MGD) (77.558 million gallons/month, or 465.349 million gallons/season) from the Eagle River through the Nottingham Poudre ditch. This water never reaches the end of the ditch where any excess would flow back into the Eagle river. During the 2019 & 2020 irrigation seasons, the only use from this ditch was Traer creek metropolitan district for their water feature and irrigation because the Town of Avon's Post boulevard Pump station was being repaired. Subsequent construction did not allow for the operation of this station. When operable, this is for us to use 5-10 million gallons over the course of the season. These repairs will come at a cost, however, will return nearly 450 million gallons of water to the river annually. Incomplete Blow out port: The current blow-out port is constructed of plastic pipe and located in the upper field. This is extremely susceptible to damage from special events and has led to numerous shutdowns of the irrigation system. We will relocate this port to inside the pump station. It will be constructed of steel and welded directly to the mainline of the pump station. Complete Laterals: Monitor GPM flow from the pump station to identify leaks. Repair immediately as identified. These leaks are often not visible from the surface but waste hundreds of GPM. Most breaks have stemmed 970-390-2280 Alsaacson@avon.org from faulty past repairs, and mechanical damage from special events, and new infrastructure installation (Path lighting, AED). Complete Central control: Install and program Rainbird IQ central control system. Some components of this system had been purchased but not installed prior to 2018. Since the Spring of 2019 a server to house the software has been constructed and installed, the software has been installed, and a "server controller" has been created. This will collect data from the "satellite" controllers, allowing us to send and receive programming from each controller. As of May 2021, we have worked to replace nearly all irrigation clocks on the Benchmark lake pump station, to function with a new central control system. Public Operations will work directly with RainBird to expedite the implementation of this automated central control system. It will be brought online as well as an onsite weather station to provide real-time localized data before the 2023 irrigation season. )ngoing Valves: Isolation valves: As of spring 2019 in response to any line break in the irrigation system, we were shutting down the pump station and the entire irrigation system. We have installed numerous isolation valves over the last irrigation season. As a result, since then, we have been able to charge up the irrigation system once in the spring and leave it charged until the fall blowout, without any shutdowns. Complete We will continue to add isolation valves during repairs. This will allow us to shrink the isolation zones and keep the majority of the system charged and functional while completing repairs. Scrubber valves: As of spring 2019 many of our scrubber valves are nonfunctioning, due to gravel in them. This stems from not properly flushing lines during repairs and allowing debris to enter the system. We will be pulling apart these valves and directional flushing these lines to clear all debris. Complete Mapping: We currently have approximately 20% of our system mapped with hand -drawn maps of questionable accuracy, and another 20% in the form of as-builts. We will work to map 100% of our system into a GIS database with at least sub -meter accuracy. As of May 2021, we have surveyed and input all of our irrigation valves and clocks into GIS. This lays the framework to begin surveying all piping (main and lateral lines). As of October 2021 all main lines, laterals, valves, and clocks have been mapped to the desired accuracy within GIS. Public Operations is awaiting an irrigation renovation before mapping heads. Complete Electrical: We have multiple locations where field wiring has been run along the surface of the ground or zip tied to fences. All field wiring will be undergrounded ASAP. Complete Nearly all irrigation controllers have un-terminated field wires inside (I have seen up to 15 unlabeled, un-terminated wires in 1 controller). All wiring will be tested and located to determine function. All wiring will be properly labeled to expedite electrical troubleshooting when required. Heads. The irrigation heads used in our system only have water pressure while the scrubber valve is on, approximately 20 minutes/day at most. We use 2 types of heads: pop -ups and rotors. The pop ups are used in our streetscaping and pedestrian mall landscaping. The output is .5—1.5gpm with the current nozzle configuration. The Page 2 of 4 rotors are used to irrigate our turfgrass. The largest rotors we use have an output of 9.4 GPM. Overspray from wind is inevitable. Overspray from misalignment is manageable and highly visible to the public. The amount of water wasted from misalignment is negligible in comparison to a line break. Adjustments to these heads will be done as needed. Attachment B Town of Avon water curtailment plan This document will serve as a management plan on water curtailment in the event of drought or other circumstances that would either be required or highlight the Town as a community leader in water conservation. The following parks are prioritized from 1 (highest importance and last to reduce water consumption) to 11 (lowest priority and first property to be affected by water reductions/suspension). Green indicates a raw water system as where red indicates potable water. 1 Harry A Nottingham Park Harry A Nottingham park serves As our flagship property. It will be kept to the highest standard and be the last property to see a reduction in water. In the event that watering needs to be reduced in this area the last two areas to be affected will be the upper field and the north side beach area. 2 Avon Rd As both the main entrance to the Town of Avon as well as the main thoroughfare to Beaver Creek we will maintain the water second only to Harry A Nottingham Park. This section of town should be kept looking both professional and welcoming. 3 Recreation center The Avon recreation center serves both a large number of our residents as well as guests. We will maintain this as a high priority to keep a professional and welcoming look. 4 Main street mall Small pedestrian thoroughfare that should be kept looking inviting as long as possible. Utilized by numerous guests and residents alike. 5 E&W Beaver Creek Blvd & Benchmark Rd. These roads are utilized more than any others apart from Avon rd. and possibly Post Blvd. 6 O'Neil spur Park/ Dog Park O'Neil spur Park will be the last pocket park where watering will be reduced/suspended. It serves the most residents of our pocket parks. 7 Eagle Bend Park Small pocket park. This area serves a minimal number of residents in comparison to other parks. Page 3 of 4 8 Wildridge Fire station Park Small pocket park in Wildridge. This area serves a minimal number of residents in comparison to other parks. 9 Yoder Ave Landscaping around lot 5 and the town recycling facility. 10 Hurd Ln/ BK This potable water system irrigates a small area at the intersection of Hurd In and Avon rd. 11 Post Blvd The Post Blvd irrigation system will be the first area we reduce/suspend irrigation. The existing plantings in this area are drought tolerant and have been without water for long periods of time due to infrastructure damage in the area. [END OF DOCUMENT] Page 4 of 4 ATTACHMENT D Prepared for: Drew Isaacson Parks Superintendent Avon, Colorado Study Completed by: irrigation t{ technologies July 29, 2022 10395 W. Ottawa Ave Littleton, CO 80127 Contents Lagalion system hngalion system Station Sprinkler Heads........ Piping InEnum uctum Pressure and Flow M Pump Station............ Water Supply .......... 10 13 14 15 21Page Md NAPPY A. NOTTINGHAM PAPK I i a az Se Irrigation System Background The landscape irrigation system is tasked with irrigating the largest public green space in town, Nottingham Park, along with a significant amount of street scape areas. Constructed more than 30 years ago, the irrigation system has been expanded to accommodate the growth of the area. The park encompasses about 18 acres of irrigated area along with and additional 3 acres (?) of streetscape space. During peak season, the irrigation system is operating from 10 pm to 8 am and impacts maintenance operations and park users. A typical landscape irrigation water window will start around 10:OOpm and end well in advance of maintenance operations and park users, perhaps as early as 3:OOam. Nottingham Park is unique in that during peak season, events can last past 10:00pm and that further stretches the irrigation finish time. Limiters to irrigation water windows are lack of adequate volume, plenty of volume with the 700 gallon per minute pump station, inadequate mainline pipe size, definitely the case at this site, and lack of control, certainly the case at this location. This irrigation assessment examines the different aspects of the irrigation system and provides discussion of each. 3lPage Irrigation System Components fast R 6l 1 1 R �J✓ , Picture 1. Typical field satellite Picture 2. Central computer at the maintenance facility Control System The irrigation system is controlled by a group of field controllers (picture 1). There are 9 controllers located within Nottingham Park with an additional 10 controllers located outside of the park boundary. Typically, each controller will activate 15-20 sprinkler zones, with each zone having multiple sprinklers per zone. Zones can include spray sprinklers, large radius stream rotor sprinklers or drip irrigation to flower beds/ trees. In the case of this system, most controllers activate less than 10 zones, with several activating only 1-2 zones. The reason the controllers are not activating more zones is that much of the field wiring has been damaged. Each sprinkler zone has a station wire originating at the controller that terminates at the zone valve. As the system has aged, the control wire has been damaged so that the controller can no longer active the zone valve. To keep the zone operating, crews have installed a remote device (node) the resides inside of the zone valve box. The node (picture 4) is a battery -operated switch that will turn on/off a zone valve at a user defined time. It is not easily adjusted and does not have any sort of communication with other node devices, so as the weather changes, staff must visit each node location to adjust the device. The same holds true for the 19 irrigation controllers. Ideally, all controllers on the system are connected to a central computer. The central computer (picture 2) communicates to each field controller. Staff can adjust zone run times, start/stop the system with a few keystrokes. Irrigation scheduling adjustments should be taking place every day since the weather is different every day. Currently staff is adjusting the irrigation schedule about 3 times per season by visiting each of the controller or node locations. 4lPage The advantage of a field controller linked to a central computer is that it allows the operator the ability to make adjustments system wide quickly and easily in a matter of minutes. To accomplish this same task would require one staff person an entire day or more. A state-of-the-art irrigation system linked to central control will have each zone from each controller defined as to location, type of irrigation (turf, flowerbed, native plants, drip....) number of sprinklers, zone flow, application rate, and soil type. The central computer software can manage the flow to maximize the capacity of the mainline and complete the irrigation cycle in the shortest amount of time. A properly flow managed irrigation system will not exceed to amount of water that can be delivered by the pipe network. The current operation does not take into account the amount of water available. Staff has staggered the operation times of the sprinklers to help minimize exceeding the maximum flow available but looking at the data from the Pressure and Flow Monitoring section there is a pressure problem. The current central computer is not in use and would require significant upgrades to allow for partial functionality of the tools available. 5lPage Station Wiring As mentioned in the Control System section, the station wiring is in poor condition. Several of the accepted irrigation system construction standards have simply not been followed. For example, • Small gauge wire (#22AWG) shown in picture 5 is being used as the zone wire from controller to zone valve. The standard is #12 AWG for common and #14 for zone wire. • Picture 6, using white wire for station wire. White wire is used only as a common wire. • Picture 7, the outer insulation for the 120-volt power to a controller is missing. • Picture 8, standard wire nuts in place on 120-volt power located in a below ground valve box. • Picture 9, making sense of this wire bundle would be challenging. • Picture 10, new install on the north side of Avon Road. This is how it should look. r � I � i l � _-1 •..� • c Y � 1 Y i q Y'♦ Picture 5. Small gauge wire used in residential system Picture 6. White wire used for stations 6lPage Picture 7.120 Volt wire missing outer insulation Picture S. 110 Volt splices not weatherproof, in underground box Picture 9. Difficult to troubleshoot this web of wire Picture 10. New install, this is ideal. 71Page Two of these conditions are dangerous to staff and potentially the public. The other conditions make it difficult to troubleshoot problems and will require extra time to repair. Picture 10, so simple and easy to determine if the problem resides in the valve box. Sprinkler Heads There is a wide variety of sprinklers in use across the entire irrigation system. The larger areas such as Nottingham Park have stream rotor sprinklers with varied spacing of up to 80' between sprinklers. The 80' spacing is not ideal and sprinkler performance / efficiency is well below industry standard. An initial site review indicates that sprinkler spacing in the large turf areas, such as the event lawn and west athletic field should be spaced at 60'. This tighter spacing maximizes sprinkler efficiency and applies the water in the desired target area. Picture 11. Trees with 30 years of growth with block/knockdown sprinkler streams and cause dry spots Given that much of this irrigation system is 30 years old and trees planted during the original construction have dramatically increased in size, sprinkler streams are now blocked and do not irrigate as originally designed. The fix for this problem is to remove the tree, or relocate the sprinkler to a location so the stream is no longer blocked. The system also includes spray heads and drip tubing / emitters. Areas irrigated with spray heads and drip tubing / emitters usually do not have large plantings that would cause disruption of the irrigation device. It is 8lPage important with all types of irrigation devices to monitor/observe the sprinkler to make sure it is irrigating the target area and not over spraying into non -target areas such as a sidewalk or street. Piping Infrastructure The current piping system is Poly Vinyl Chloride (PVC). It was the material of choice for landscape irrigation systems when it was installed 30+years ago. PVC pipe installed in a landscape irrigation scenario can be expected to last 30years if properly sized, installed with adequate trench bedding material, use of high -quality fittings and quality isolation valves were used. There have been several mainline repairs completed during the past few years and a variety of different pipe materials have been discovered. PVC is available in different pressure classes. Typically, landscape irrigation systems have used Class 200 PVC (CL200) pipe. During these repairs, CL200 has been found, Schedule 40 (SCH40), C900 (municipal water works pipe) and polyethylene pipe. With the exception of the Polyethylene pipe, the different pipe types will work, it just adds to the difficulty of repair since the different pipe types can have different outside diameters. Repair parts need to be available depending on the pipe type. Standard polyethylene pipe is typically not used in mainline pipe applications. Pipe breaks usually occur during the spring system startup and frequently on the upper field due to heavy equipment and tent stakes damaging underground pipes during event setup. There is a new pipe material that is being used on landscape irrigation systems. High Density Polyethylene (HDPE) is now commonly used for golf course irrigation systems and beginning to be used on park sites. The pipe is fused together and does not have any joints when properly installed. HDPE has a longer life cycle, expected to last 50 to 100 years. The next section, Pressure and Flow Monitoring, is closely related to the piping infrastructure. As noted in that section, system pressure rises and falls about every three minutes. The pressure drop is great enough that the pump station will start for a short time and rechange the system to 85 psi. All older irrigation systems experience this type of pressure drop due to system leaks, valves not completely closing. The difference between a 30-year-old system and a newer system is the frequency of the pump cycle. A three -minute cycle is very short and is an indicator that the mainline infrastructure has numerous leaks. Based on information collected there is a constant 15 to 20 gallon per minute loss throughout the system. Graph 1 presents loss for specific time frames. Hour Loss in Gallons per Minute 15 20 900 11200 Day 21,600 28,800 Week 151,200 201,600 Month 4,536,000 6,048,000 June to September 18,144,000 24,192,000 Graph 1. Water loss through existing pipe leaks 9 1 P a a e Pressure and Flow Monitoring Pressure monitoring equipment was installed at (4) locations throughout the system during an overnight irrigation cycle. The process included monitoring the pressure at the pump station and having three (3) pressure devices located across the system. The collected data has been generated into a graph form to identify several items. 1. Is the pressure constant during the irrigation cycle? 2. How often is the pump cycling during non -irrigation periods? Look for a'sawtooth' pattern in the pressure graph. This information can help identify the integrity of the pipe infrastructure. Graph 2. Pump station pressure data. Results for the Pump Station —Graph 2 1. The pump station maintains a constant 85 psi during the irrigation cycle. There is a significant pressure drop to just under 30 psi at the start of the 10:00pm irrigation cycle. A slight pressure drop can be expected during initial pump start, but this is excessive. 2. During non -irrigation, this pump station cycles on/off about every 3 minutes, indicated by the 'saw tooth' pattern on the left side of the graph. The 'saw tooth' pattern indicates that there are leaks throughout the system and is losing enough pressure to cause the pump station to recharge the system. This is a typical pressure loss for a system of this age and an indicator that there are multiple leaks throughout the system. 101 P a ge Graph 3. Lower field pressure data. Results for the Lower Field —Graph 3 1. The pressure at this location is poor, at a point where it is surprising that the grass is green. System pressure varies from about 85 psi, before the start of the irrigation cycle to a low of less than 10 psi during the irrigation cycle. Given the significant pressure drop, one or more isolation valves is closed. Sprinklers will not efficiently apply water at this low a pressure. Spray heads sprinkler require a minimum 30 psi and stream rotor sprinklers, like the type irrigating the lower field require 50 to 60psi, depending on nozzle size and sprinkler spacing. 2. Similar 'saw tooth' pattern as the pump station. This will be present at each of the locations. 111 P age Graph 4. South Avon Road pressure data. Results for the South Avon Road —Graph 4 1. Big pressure drop at the start of the 10:00pm irrigation cycle. 2. Several other low-pressure periods during the cycle. 3. Similar 'saw tooth' pattern as the pump station. 121 P a ge Graph 5. North Avon Road pressure data. Results for the North Avon Road —Graph 5 1. Amplified sawtooth pattern at this location. 2. As with all the other locations, there is a significant pressure variation throughout the irrigation cycle. Pump Station The pump station is in the building on the southeast corner of Nottingham Lake. The station was installed in 2016 and is a key component of the irrigation system. The station is configured with (2) 30 horsepower main 131 P a ge pump and (1) 5 horsepower pressure maintenance (PM) pump. The pump station operates as designed, but due to the shortcomings of the rest of the system, such as the start/stops every 3 minutes, the longevity of the pump station will decrease. Picture 12. Current pump station Picture 13. Pump station operation screen The pump station does lack the ability to allow for remote monitoring. The ability for staff to monitor and respond to the pump station would be helpful. The building does not have any outside ventilation. An exhaust fan with automatic louvers would keep the building cooler during the operation of the station. Water Supply Irrigation water is supplied from the Eagle River and Buck Creek. After passing through a settling pond the water moves into Nottingham Lake. There is ample water storage for the needs of the irrigation system and there was little aquatic plant growth in the pond. A closer look at the settling pond identified aquatic plant growth and it was quite shallow. The settling pond will need to be dredged soon. 141 P a ge The current irrigation system is showing its age and replacement needs to be considered. There is a constant loss of water as indicated by the frequent pump station cycling. The ability to make adjustments to the control system can take at least one days'time. The wiring of the system does not allow for easy trouble shooting and is dangerous to staff and the public. As the system ages, additional labor and capital resources will be required. The irrigation system is at a point where replacement needs to be strongly considered. The constant mainline leaks will continue, simply due to the age of the pipe. 151 P a ge TO: Honorable Mayor Amy Phillips and Council member FROM: Eric Heil, Town Manager RE: Lot 5 & Swift Gulch: Employee Apartments and Avon Public Works Facility v DATE: February 8, 2023 COLORADO SUMMARY: This report presents an update on cost estimates for the Town of Avon Employee Aparbnents and initial planning for a Public Works facility. The Town owns the Swift Gulch property, which is the current site of the Avon Regional Transit Facility and Fleet Maintenance Building and includes approximately 1.5 acres planned for multi -family housing development. The Town also owns Lot 5 adjacent to Home Depot which is four acres and was dedicated to the Town for public facility uses. Cost estimates for construction of a residential multi -family project at the Swift Gulch property are financially challenging. Staff requested conceptual design and cost estimates of an apartment project at Lot 5 as an alternative to reduce costs and simultaneously engaged a design firm for conceptual plans for development of a Public Works facility at Swift Gulch. The design work to date supports my recommendation that the Town of Avon Employee Apartment project should be constructed at Lot 5 and that Public Works facility structures should be constructed at Swift Gulch, with a portion of Lot 5 to be used for storage to serve several Departments. REQUESTED DIRECTION: This work session presents an update on conceptual design work and cost estimates for construction of apartments and Public Works facility along with a recommendation to move the construction of apartments to Lot 5 and focus on design and construction of a Public Works facility at Swift Gulch. Direction is requested to confirm this design change. Full designs for both developments would be submitted to Planning and Zoning Commission for review and comment and then submitted to Council for approval. BACKGROUND —TOWN APARTMENTS: Town commissioned the preparation of a Swift Gulch Master Plan in 2015, and then a Town Owned Properties Plan in 2018. The 2015 Plan included rough concept drawings for the development of 20 town homes on the north side of the Swift Gulch property. The 2018 Town Owned Properties Plan did not give any additional attention to this site other than to recognize the location and provide the statement, "DEVELOPMENT CONCEPT Transportation Operations The Swift Gulch site should be retained and prioritized for the long term needs of the Town of Avon and regional transportation operations and storage, building division facility needs, workforce housing and/or parking. The specific development program will be determined in the future." 970.748.4004 eric@avon.org The Town hired 2757 Design architects from Carbondale to prepare a concept development plan for constructing apartments on the Town owned Swift Gulch property in fall of 2021. The Town included representatives from Eagle County and Town of Vail to participate in establishing project goals and providing review and comment on conceptual designs. The review team identified goals that included Net Zero construction, flat roofs to accommodate photovoltaic solar panels, adequate storage to accommodate mountain lifestyles (i.e. outdoor recreational equipment), attractive conveniences such as washer and dryer in each unit, functional layout for property maintenance, and quality construction for long-term ownership. 2757 Design prepared plans for the development of 42 apartments arranged in three buildings in a stairstep configuration on the north, uphill side of the Swift Gulch property. The Swift Gulch property presents some challenges due to the grade of the property and limited area for building footprints. Development of apartments required both podium parking underneath the buildings, construction of retaining walls and significant excavation. Another design challenge is that the entrance to the Swift Gulch facility is already constricted and there is no room physically to construct a pedestrian access from apartments on the north (uphill) side, to Swift Gulch Road and the bus stop across from the entrance to Swift Gulch. The cost estimates for construction of these apartments at Swift Gulch were approximately $685,000 per apartment. Initial evaluation of financing and cash flow to support debt payment, operation and maintenance indicated that construction of a residential multi -family facility at Swift Gulch would be financially challenging. Staff asked 2757 Design to explore potential layout of apartments at Lot 5 and prepare cost estimates for comparison. The design direction was to utilize the 15 unit building design (12 one -bedroom and 3 two -bedroom units). Cost estimates indicate a savings of $100,000 per apartment for construction at Lot 5 due the eliminating the underneath podium parking structure and the reduced amount of excavation and retaining walls. This cost savings amounts to approximately $4.5 million for the construction of 45 apartments. Pedestrianism and access to transit were also considered for both the Swift Gulch location and Lot 5 location. Pedestrian access with desired separation is not physically possible at the Swift Gulch property. Pedestrian access currently exists which connects Lot 5 to Yoder Avenue and Home Depot and Walmart. Initial designs indicate that it is possible to construct a Bus Stop at or near the Yoder Avenue cul-du-sac. The proposed location of Lot 5 apartments is 0.4 miles (2,112 feet) from the Traer Creek bus stop, which is acceptable by national standards but does not meet Avon current standards (1,000 feet). Transit service to these apartments will require additional consideration to determine best practice because adding travel to the Yoder Avenue cul-du-sac would impact existing routes and schedules and may not be practical due to the volume of residents at this location. BACKGROUND — PUBLIC WORKS FACILITY: Staff has concurrently explored initial designs for a Public Works facility. Town of Avon has never had a dedicated Public Works facility. Town has used the garage in Wildwood (Avon Annex), the Avon Regional Transit Facility, and sometimes portions of the Fleet Maintenance Facility for storage of vehicles. Over the last couple years the growth in transit has resulted in full utilization of the Avon Regional Transit Facility and the growth in Fleet Maintenance services has resulted in full utilization of Fleet Maintenance building. Operations is now storing snowplows in the old Avon Fire Station and storing street sweepers in the Avon Wildridge Fire Station. Vehicles, equipment and storage for Operations are spread throughout Town in a manner which is neither functional nor efficient. Page 2 of 5 The 2018 Town Owned Properties Plan included a Proposed Concept Plan for development of Lot 5 as a Public Works Facility site, which included snow storage on the far right. Current design work for a Public Works Facility includes an assessment of cunent and projected future programming for Public Works to serve the Town of Avon, including assessment of Public Works demands when the Village (at Avon) is fully developed. Public Works needs includes garages for storage of vehicles, office and administrative space for Operations, Engineering, and Facilities, tool storage and workspace, and outdoor storage space. Initial designs indicate that there is room at Swift Gulch for all uses except outdoor storage space. There is 1.5 acres reserved at the Lot 5 property for outdoor storage space to serve Operations, Facilities, Recreation and Police. A significant advantage in developing the Public Works Facility at Swift Gulch is to consolidate operations and staff for the Public Work Department in one location. Lastly, the development of a Public Works facility at Swift Gulch may occur in phases such that garages for snowplows are the highest priority while administrative office space can remain in the Avon Regional Transit Facility until there is a need for the Eagle Valley Transit Authority to use this space. LOT 5 PUD USE BY RIGHT: Lot 5 is a four -acre site that was dedicated to the Town for municipal purposes as part of the 1998 Village (at Avon) Annexation and Development Agreement. The Village (at Avon) Planned Unit Development Guide ("PUD Guide") designates Lot 5 as "PF-1; Public Facility" which includes the Use by Right of "Public Facilities". The PUD Guide Definitions state, "Public Facilityfies) means constructed facilities that are owned by the Town, a District or another governmental or quasi -governmental entity, including but not limited to: transportation systems or facilities; water systems or facilities; wastewater systems or facilities; storm drainage systems or facilities; fire, police and emergency services systems or facilities; electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or facilities." Page 3 of 5 This is a broad definition that can include Town owned housing for governmental or quasi -governmental employees. PF-1 allows a 48' building height. LOT 5 APARTMENT CONSTRUCTION: The proposed plan accommodates the layout of three apartment buildings while preserving the current regional recycle facility and reserving area for storage. The layout allows for surface parking, construction of small individual storage spaces to serve each apartment (bikes, skis, SUP boards, tires, etc.), and outdoor use areas. It is unlikely that Town can afford to construct all three apartment buildings initially. My recommendation is to pursue a partnership with Eagle Valley Transportation Authority in which a long -ten lease is offered to Authority for the third building for housing for transit drivers. The Eagle Valley Transportation Authority is projected to have a demand for additional bus drivers to serve increased frequency, expanded schedules, and increased ridership. The terms and details of such an arrangement are not yet determined, but it is anticipated that there will be a demand for more transit driver housing. Another possibility is to coordinate with Beaver Creek transit driver and other local governments if there is surplus housing capacity at any given time. - `♦! e \\ -a m x 2]5] dmiqn ca.Ai?L ola Page 4 of 5 FINANCIAL CONSIDERATIONS: The cost estimate of constructing apartments at Lot 5 compared to Swift Gulch is presented as follows: Building Construction Swift Gulch $2324003711 Lot 5 $22,428,285 Site Work $5,38%121 $3,830.072 TOTAL $2827893832 $26,258,357 Cost per Building $%596,610 (average) $8,752,785 Number of Apartments 42 45 Cost per Apartment $685,472 $583,519 Savings (per Apartment) 1 $101,953 Construction of Public Works facilities at Swift Gulch is anticipated to have a higher cost than construction at Lot 5, but not to the extent of the amount of excavation and construction of retaining walls required for residential development at Swift Gulch. Design work for construction of a Public Works facility at Swift Gulch has only progressed to the extent of demonstrating that current and future Public Works facility needs can physically tit at Swift Gulch. POLICIES YET TO BE DETERMINED: Basic physical layout and cost estimates for apartment construction are presented at this time. Policies yet to be determined include pricing for apartments, priority for making apartments available to Town of Avon employees or other local government employees, and tens of any partnership with the Eagle Valley Transit Authority. NEXT STEPS: If Council endorses this direction and change in location for Town of Avon apartments and Public Works facility then Staff will proceed with finalizing designs for the apartments at Lot 5 and will proceed with initial designs for a Public Works facility at Swift Gulch. The designs for both projects will be submitted to Avon Planning and Zoning Commission for review and comment and will be submitted to Avon Town Council for final approval as the "Owner'. Any construction at Lot 5 will require review by Village (at Avon) Design Review Board. I am working closely with Traer Creek LLC to share information and address compliance with the Village (at Avon) Planned Unit Development Guide to verify compliance with allowed uses and determine whether any change in the Planned Unit Development Guide may be necessary. It is possible that construction drawings for the apartments may be ready to go out to bid sometime this summer. Staff is simultaneously exploring grant funding. The Town currently has $1.4 Million in COVID relief funds which can be used for a portion of the site work for Lot 5. Thank you, Eric ATTACHMENT A: Lot 5 Apartment Building Layout Plan ATTACHMENT B: Swift Gulch Apartment Building Layout Plan ATTACHMENT C: Swift Gulch Public Works Facility Concept Layout Plan Page 5 of 5 ATTACHMENT A - LOT 5 APARTMENT BUILDING LAYOUT PLAN lakes 17= i z�gp*"pw C) nnmm��� N 2757 design- baild co.�Ai-1.01 Ir 15' w fu 12V 0 WM23 ATTACHMENT B: SWIFT GULCH APARTMENT LAYOUT PLAN Swift Gulch Site Plan Building density / unit mix: - Building 1- Building Type Awl accessible units Units =12,795 sf Corridorlstairs = 2,322 sf Parking level = 046 sf total = 20,063 sf Units = 15 units Beds (12) 1-bdrms + (3) 2-bdrms = 18 beds Parking (12 units with tandem parking) =35 spaces - Building 2- Building Type A Units =12,795 sf Gorridorlstairs = 2,322 sf Parking level = 4,946 sf total = 20.063 sf Units = 15 units Beds (12) 1-bdrms + (3) 243drms = 18 beds Parking (9 units with tandem parking) =30 spaces - Building 3: Building Type B Units =9,108 sf Gonidodstairs =2,082 sf Parking level total =3,587 st IL777sf Units = =12 units Beds (12) 1-bdrms =12 beds Parking (9 units with tandem parking) =2B spaces - Carport. To be utilized by building 3 (carport to he constructed as inundation for future building 4) total = 3.587sf Proiect total Two Building Types used Units=34,698 sf Conidorlstairs =6,726 st Parking level=13,479 sf Garbage sheds (3240) =720 total = 55.623 sf Units =42 units Beds =48 beds Parking =93 spaces •projecttotal does not incWde pavilionslcommunily buildings (ibd per landscape) 'perki ng layout and quantity meet or exceed (728.020 developmerd standards) •each building m ha>re adjacent guest perking per table 7.2&2 •7 parking spaces identified in building 1 lower level to be residential averff— •g parking spaces identified in lower lot to be used by exi ling modular ofri ces ow storage and plowing is being evaluated wl civil engineer & landscape architect inifial concepts naiad on cl a gs 1 site Dian ` 2757 design CO - swift gulch -employee housing 64.12.2022 ATTACHMENT C: SWIFT GULCH PUBLIC WORKS FACILITY CONCEPT LAYOUT PLAN Office/Administration Bldg: Dimensions - 40' X 86' Two -Story building with a 3,440 SF. building footprint. Total building square footage is 6,880 qF ToollAdditional Storage Office/Administration Building - Areas:- Office/ Administration rooms/ Tool/Small Storage (Storage compartments for tools, other small items that need to be in a secure area). Garage door on north wall exiting to second level parking lot. Open Storage: Dimensions - 100' X 130'Open building with 13,000 SQ. FT. building footprint. Areas:- Cinders Storage This building could also be split into three different bays with concrete dividers for more storage if needed. Vehicle Storage Facility: Dimensions - 70' X 184' 4 1/2". One -Story building with building footprint of 12,880 SF. Eight Garage Doors Measuring 14' W X 16H. Two (2) Garage Doors Measuring 10' W X 10' H. Areas:- Primarily storage for large vehicles (Snowplows, Street Sweepers, Bucket Truck, VaGtor Truck, Bobcats, Skid Steers, Loaders). - Small storage for accessories for vehicles (Bobcat accessories, Skid Steer accessories, Etc). Swift Gulch - Lot 5 n February 14, 2023 Avon Swift Gulch - Lot 5 n February 14, 2023 Avon Swift Gulch - Lot 5 n February 14, 2023 Av o n $23,400,711 $22,428,285 $5,389,121 $3,830.072 $28,789,832 $26,258,357 $9,596,610 $8,752,785 (average) 42 45 $685,472 $5837519 $101,953 Swift Gulch - Lot 5 February 14, 2023 Av o n Open Storage'Dimensions- d, 100'X130'Open building - ID with 13,000 SO. FT. builtling footprint. ( e Areas'- Cindersa — ' -- ' This building couldldalsobe wild into three different bays with concrete f Bldg: ^� Office/Administrationlion40' more storage if needed. if heated. Dimensions - 40' X 86' X TwoStory building with a 3,440 SF, building : Vehicle Storage footprint Total building r+ Facility:Dimensions-70'X square footage is 6,680 qF 184' 4 1/2". Oni building with building footprint of 12,880 SF. r�unddltiii EaIMV - Eight Garage Doors Measuring 14' W X 16' H. Two (2) Garage Doors Omceledmmistrddm Measumg 10' W X 10' H. euddng Areas:- Office/ Areas:- Primarily storage Administration rooms/ for large vehicles Tool/Small Storage (Snowplows, Street _ (Storage compartments for Sweepers, Bucket Truck, tools, other small items _ Vactor Truck, Bobcats, that need to be in a secure Skid Steers, Loaders). - areel Garage door on Small storage for north wall exiling to accessories for vehicles second level parking lot. (Bobcat accessories, Skid Steer accessories, Etc). Swift Gulch - Lot 5 n February 14, 2023 Avon Title of Presentation Date n Avon TO: Honorable Mayor Phillips and Council members Planning and Zoning Commission members A FROM: Derek Place, Chief Building Official Q V o n RE: Eagle County Code Cohort Building Code Recommendations DATE: February 1, 2023 C 0 L 0 R A o 0 SUMMARY: This memo provides my recommendations for all "above code" amendments being proposed by the Eagle County Codes Cohort (the "Cohort"). These amendments would be in addition to those that were adopted by Town Council earlier this year with the 2021 International Building Code ("IBC") adoption. The recommended amendments are in alignment with the Climate Action Collaborative ("CAC") Goals and the State of Colorado Laws. Avon has been a leader in Eagle County with adopting above code building standards that support decarbonization. See the attached ("Attachment A") memorandum and summary of additional above code amendments that were developed by the Cohort. BACKGROUND: In January of 2023, Avon adopted all the 2021 International Codes, including the 2021 International Energy Conservation Code ("IECC"). The Town of Avon was the second town behind Vail to adopt this most up to date effective code. Avon was the first to adopt the 2015 IECC Solar -Ready Appendix for residential buildings in 2019; Avon also adopted Electric Vehicle ("EV") Ready requirements into the Municipal Code at the same time. In 2022, the Colorado Legislature passed a new bipartisan law that updates the minimum Energy Code requirements. The state law requires that all jurisdictions must adopt the 2021 IECC, along with E-V Ready, Solar -Ready, and Electric -Ready supporting amendments, when updating any building code after July 1, 2023. A new Energy Board was put in place by the Colorado Energy Office ("CEO") to decide what changes will take place for those who do not have the code adopted by this date. I have been working with the Cohort to make sure our changes align with the CEO and that our unique requirements are addressed before they become requirements of the State of Colorado. RECOMMENDATION: My recommendation is to review what the Cohort has prepared, and move forward with an Ordinance to formally consider the proposed changes ("Attachment A") attached hereto. The code attachments cover: 1) Revised Solar -Ready Requirements, 2) Revised EV Requirements, 3) NEW Electric - Preferred Requirements, 4) Energy Efficiency Improvements, and 5) Updated fee schedule for the Exterior Energy Offset Program ("EEOP"). The amendments are a step in the right direction without getting too far ahead of the infrastructure. My goal is for the Town of Avon to stay in the lead, and be ahead of the State of Colorado requirements which go into effect on July 1, 2023. If the Town delays past July 1, 2023, we will be subject to the CEO's mandated requirements, which may not reflect our local desires. OPTIONS: Avon can decide to do nothing, and then defer to the CEO. One option is to adopt portions of the Cohort recommendations. Lastly, the Town could adopt all of the Cohort recommendations after considering an Ordinance and public hearings. Thank you, Derek ATTACHMENT A: Eagle County Code Cohort Memorandum, dated January 30, 2023 ATTACHMENT B: Full PowerPoint Presentation 970.748.4011 dplace@avon.org ATTACHMENT A Eagle County Codes Cohort Memo To: Town of Avon From: The Eagle County Codes Cohort Date: January 30, 2023 Subject: Eagle County Codes Cohort, Recommendations This memo is intended to inform the Avon Town Council on recommended amendments to the 2021 Building Codes adopted by the Town Council in January of 2023. What Codes has the Town of Avon Adopted? The Town of Avon has been a leader in Eagle County on adopting above building code standards that support decarbonization of the built environment. In January of 2023, the Town of Avon adopted the 2021 International Energy Conservation Code (IECC), being the second in the County to adopt the latest and most efficient code. This adoption included the adoption of the 2021 Solar -Ready appendices for residential and commercial buildings. In 2019, the Town of Avon adopted EV-ready requirements, currently in the Town of Avon Municipal Code. The Town is also one of three communities in Eagle County to have the Exterior Energy Offset Program, which requires any building systems that "heat the outdoors" to be offset either by onsite PV or through a fee -in -lieu. What Code Changes Are Recommended for Adoption Now? To move forward on a priority action in the Eagle County Climate Action Plan 2020 Update (CAP), Walking Mountains and a team of consultants organized an Eagle County Code Cohort, composed of all the jurisdictions (Avon, Basalt, Eagle, Eagle County, Gypsum, Minturn, Red Cliff, and Vail) within Eagle County, to review and adopt a regionally -consistent base energy code throughout the region as well as supporting amendments that support County -wide sustainability, climate, and resiliency goals. These supporting amendments include: • Revised solar -ready requirements. • Revised EV-ready requirements • Electric -preferred requirements • Energy efficiency improvements • Revised Exterior Energy Offset Program (Note, the code language for this amendment is not ready yet, therefore it has not been included in the code language package. More details on these supporting amendments is below, and in the attachments. How Will These Codes be Adopted and Implemented? Codes are adopted by the Town Council, and then included in the Municipal Code, in the Buildings Regulations chapter. The building department will also post the amendment package and a list of significant changes on the website and keep a binder at the permit counter. How Does This Dovetail with the State Law for Building Codes? In 2022, the Colorado legislature passed a new bipartisan law that updates minimum energy code requirements. The state law requires that jurisdictions adopt at least the 2021 IECC, along with EV-ready, solar -ready, and electric -ready supporting amendments, when updating any other building codes after July 1, 2023. (Note: state electrical and plumbing codes are included as a building code that triggers the required update.) Then, beginning July 1, 2026, jurisdictions must adopt at least a low -energy and carbon code when they update their building code, including the State Electric and Plumbing codes. A new Energy Code Board, appointed by the Colorado Energy Office and the Colorado Department of Local Affairs, will develop the code language for the EV-ready, solar -ready, electric -ready, and low energy and carbon code, and jurisdictions can choose to adopt that code language, something equivalent, or something stronger. The Codes Cohort is working to align EV-ready, solar -ready, and electrification amendments with what other communities in the state are adopting to ensure Eagle County communities will be in line with future state standards. How Does This Help Towards our Climate Goals? The Town of Avon has demonstrated a strong commitment to climate action by adopting the CAP). The CAP calls for reducing greenhouse gas emissions 50% by 2030 and 80% by 2050 (from 2014 baseline levels). To achieve these levels, the Town is implementing an incremental approach — adopting measures as they become available, practicable, and cost-effective. This avoids moving too slowly and missing the targets, and it avoids huge leaps that would place undue burden on our residents and businesses. In 2019, energy use in residential, commercial, and industrial buildings in Eagle County generated exactly half of all County greenhouse gas (GHG) emissions. In 2020, GHG emissions from energy use rose just slightly to 51 %, but emissions produced from natural gas use surpassed the emissions from electricity use (see chart below). 2 4. Emissions by Sector, CO2e (metric tons), 2019 vs. 2020 2014 2020 New construction provides a crucial opportunity for emissions mitigation. Buildings constructed today could last 30 to 130 years M and could either lock in carbon emissions for generations or be used as a means for achieving emission reduction goals. Adopting above building code standards for new and remodeled residential and commercial buildings is an immediate priority action listed in the CAP due to the building decarbonization potential of code improvements. Regular updates to Town of Avon building codes are critical for future -proofing Avon's communities, accelerating clean energy use, and keeping the County resilient amid climate change. Overview of the Code Cohort The Eagle County Code Cohort is made up of representatives from the Town of Avon, Town of Eagle, Eagle County, Town of Minturn, and Town of Vail. The Town of Basalt and Town of Gypsum participated as listening members in Cohort meetings, and Red Cliff received support toward the end of the Cohort process. The goal of the Codes Cohort is to support the participating communities in adopting a consistent regional base energy code throughout the valley as well as amendments that support the region's sustainability, climate, and resiliency goals. Reducing the patchwork of differing local energy codes has many benefits including streamlining compliance for builders and reducing workload for local government staff (because of increased compliance). The Colorado Energy Office provided funding to a team of consultants to facilitate and lead the Cohort process. The consultants working with the Cohort through this process included Lotus Engineering and Sustainability (Lotus), Southwest Energy Efficiency Project (SWEEP), and Mozingo Code Group. The grant provided consulting and facilitation services free of charge for participating communities. lhttps://www.mckinsey.com/industries/engineering-construction-and-building-materials/our- insights/call-for-action-seizing-the-decarbonization-opportunity-in-construction 3 Code Cohort Facilitation Process The Code Cohort was jointly led and supported by energy code and public process experts from Lotus, SWEEP, the Mozingo Code Group, Walking Mountains Sustainability, and the Eagle County Climate Action Collaborative. Eagle County Code Cohort meetings began with a kickoff on September 13, 2022, followed by three more meetings in October and November 2022. Each meeting was geared towards providing the cohort with information on each amendment including their cost and environmental impacts, and gaining consensus among the participating staff on amendments they could support as part of their jurisdictions code update. The Code Cohort was composed of building department staff and sustainability staff from each participating jurisdiction. Staff from each jurisdiction worked together to develop a set of code update recommendations that would set a new floor for building code in Eagle County, with the recognition that some communities may go further with their individual code updates. Gaining consensus and support from key staff in each jurisdiction was a crucial first step to adopting the updated codes. Following the cohort consensus meetings, community staff will be responsible for bringing the recommendations forward to their individual councils or boards to gain direction from councils on their code adoption goals. The representatives of each jurisdiction that participated are listed below: Town of Avon Derek Place, Charlotte Lin Town of Basalt Amanda Poindexter Town of Eagle Eddie Wilson, Jackie VanEyll Eagle County John Gitchell, Jesse Meryhew Town of Gypsum Shane Gremmer Town of Minturn Madison Harris, Michelle Metteer, Earle Bidez Town of Red Cliff Ben Kleimer Town of Vail CJ Jarecki, Cameron Millard In late 2022, a Code Language Package was finalized that included code language for each of the identified supporting amendments, along with supporting materials such as fact sheets and presentations that will support each community through their code adoption process. Code Cohort Supporting Amendment Recommendations: The Town of Avon has already put in place above code building standards to support future electrification, solar adoption, and EV adoption. The Cohort's recommendations have been 0 included below along with a note on what specific updates the Town of Avon would need to make to their code in order to align with the Cohort's recommendations. Cohort Recommendation Details Town of Avon Specific Action Adopt 2021 International Energy No action required. Town of Avon Conservation Code (IECC) has already adopted the 2021 IECC. (See attachment A) Adopt the 2021 Solar -Ready Prepares homes and buildings for The Town of Avon will need to adopt Appendix for Residential and the future installation of solar by the amendment to the solar -ready Commercial; revise to cover ALL requiring conduit, space on the appendix to ensure the buildings. electrical panel, adequate room and requirements cover all residential (See attachment B) structural capacity on the roof, and and multifamily buildings. permitting. The "expanded" component ensures all multifamily buildings are included in the scope. Adopt EV Ready Amendments An EV-Ready amendment requires The Town of Avon already has EV- (See attachment C) new single-family homes to have readiness requirements in place. one EV-ready space, and new multifamily and commercial This amendment replaces the EV buildings to require a percentage of code in adds a the municipal code and new appendix to the 2021 EV-capable, EV-ready, and EV- IECC. The amendments make small installed spaces. changes to Avon's current EV code including defining and requiring universal spaces, updating the percentages of required EV ready spaces, and adding minimum electric capacity requirements for the EV ready spaces. Adopt Electric -Preferred Electric -preferred amendments The Town of Avon would need to Amendments allow new construction to be either adopt all the changes outlined in the (See attachment D) all -electric or "mixed fuel" (e.g. Cohort Code Package for this natural gas) but mixed fuel homes amendment. Avon does not have and buildings must have extra any electric -preferred amendment language already in place. efficiency to make up for extra emissions. This amendment will require all new buildings and homes that are not built all -electric to be pre -wired and have sufficient panel capacity for the future installation of all -electric equipment AND to implement additional efficiency elements. Adopt Efficiency Requirements for • For existing buildings undergoing The Town of Avon would need to Existing Buildings a renovation where a building adopt all the changes outlined in the permit is required, require Cohort Code Package for this set of projects to investigate which amendments. efficiency upgrade options they The existing building efficiency could pursue requirements include energy audits • For existing buildings undergoing for retrofit projects, electrification an HVAC upgrade where a analysis and bids for HVAC replacement projects, and .01 building permit is required, require programmable thermostats for electric heating systems • For existing buildings undergoing an HVAC upgrade where a building permit is required, require a project to receive bids for both gas and electric heating thermostat installation requirements for HVAC replacement projects. Avon currently enforces an amendment which requires any new natural gas equipment to be at least 92% efficient for new and existing buildings. The Cohort recommends Avon keep this amendment in place. Adopt Efficiency Requirements for • Require heat tape timers to be The Town of Avon would need to New Construction installed if heat tape is installed. adopt all the changes outlined in this • Require hot water insulation to Cohort Code Package for this set of be installed amendments. The new construction efficiency requirements include installation of programmable heat tape timers and hot water pipe insulation for all systems regardless of site. (Note, the 2021 IECC already requires some level of hot water pipe insulation, and this amendment expands the requirement to cover all buildings and all hot water piping). Update the Exterior Energy Offset The EEOP requires new The Town of Avon has in place an Program (EEOP) Regulations construction with highly EEOP; however, this recommended (See attachment E) consumptive exterior amenities (i.e., amendment makes several program spas & hot tubs) to offset assumed updates. Those updates include: Note, the code language for this • Enforcing EEOP for all buildings, amendment is not ready yet, energy use. including residential and therefore it has not been included commercial. in the code language package. • Updating the assumed energy consumption of the outdoor energy uses to align with studies that demonstrate the actual energy consumption of these systems. • Add new exterior energy uses including outdoor fireplaces. • Update the fee schedule for exterior energy uses to align with the cost to install solar on site. Cohort Communities & Supporting Amendments The following summary reflects the discussions and consensus gained from key staff during the Code Cohort meetings. Note, each community indicated their support for the following amendments, but in most cases have not started their code adoption processes. Community Adopting Adopting Supporting Amendments? Adoption 0 2021 Solar Electric Extra Updated Timeline IECC? Ready EV Ready Preferred Efficiency EEOP Measures X Eagle (ECO Build County X X X X X program in TBD Staff place since 2006, not updated) X X Town of Avon Staff X Adopted X Adopted EV-Ready currently in X X (EEOP program in Feb 2023 Jan 2023 Jan 2023 Avon Municipal place, not Code updated) X X X X (Electric- Q1-Q2 Town of Adopted Adopted Adopted ready X X 2023 for Vail Staff Spring Spring Spring adopted EEOP 2022 2022 2022 Spring only) 2022) Town of X X X X X X February Eagle Staff 2023 N Town of (EEOP March Minturn X X X X X program in 2023 Staff place, not updated) Town of Red Cliff TBD TBD TBD TBD TBD (late participant) Note, observing communities were not included in the table. Key X Community supports the amendment (X) Communities who support the amendment, but have concerns *No mark* Communities who are not considering the amendment Electrification Across Colorado, natural gas emissions have become the primary source of building energy emissions as the Colorado electric grid becomes cleaner each year. Utilities across the state and in Eagle County continue to increase their portfolios of renewable energy resources and GHG emissions from electricity use continue to fall. Holy Cross Energy has already achieved over 50% renewable energy and the utility expects to reach 100% renewably powered electricity generation by 2030. While these goals robustly address electricity emissions, natural gas emissions could continue to be a significant source of emissions in the County without intentional policy updates. Transitioning the fuel source of new buildings from natural gas to electricity (called electrification) capitalizes on clean grid efforts from Holy Cross Energy and produces significant greenhouse gas emissions savings. Peer communities are already codifying the transition to electrification. Crested Butte passed the first ordinance in Colorado requiring all new construction to be all -electric, beginning in 2023 (with the exception of commercial kitchens). The Town of Basalt and Town of Vail each require new construction to include the pre -wiring and panel capacity for all -electric systems to be installed in the future (called electric -ready). Other jurisdictions in the state are pursuing a middle -ground strategy called electric -preferred that allows a choice of all -electric or natural gas, but requires extra efficiency in the case of natural gas. Looking Ahead & Next Steps The consultant team alongside Walking Mountains and the Climate Action Collaborative will be working with Eagle County jurisdictions through May of 2023 to adopt the 2021 IECC and supporting amendments. In order to support each community's adoption process, the consultant team hosted a public webinar on January 11, 2023, to share the cohort recommendations and answer questions from the community. Following the webinar, a public survey was launched to collect input from the community on their level of support for the Cohort recommendations. These insights will be summarized and presented to Cohort communities to support their implementation processes. The webinar can be found here, along with an FAQ on the cohort amendments. The survey to provide input can be found here. N. Attachment A: 2021 IECC 2021 International Energy Conservation Code ONVAWWOMMMEEMNEfis Prepared for Eagle County Code Cohort About I -Codes: Building codes improve the quality of construction of the built environment and thereby promote the health, safety, resiliency, affordability, sustainabibty, and generak welfare of our cam munitie& SuiIding codes set a bare minimum construction quality that local officials deem nccessary and that consumers expect_ Most jurisdictions across the country adapt mode{ building codes published by the International Cade Council, and these are updated every three years in an extensive process involving builders, trades, architects, manufacturers and suppliers, tow -income advocates, and. crucially, local building officials who are ultimately responsible for enforcing the codes, These codes are them adapted at local level. The 2021 codes are the most recent edition. About the 2021 International Energy Conservation Cade � I ECQ. After two previous cycles of stagnant efficiency. bu i [ding off icials voted overwhelmingly in favor of provisions in the latest IECC to strengthen energy efficiency. Overall. the 2021 IECC reduces energy by 8-9% (and reduces energy bills by 8-9%) compared to the previous 2018 IECC. The 2021 also includes language clean-up and clarifications, and an expanded focus an ftexibiIity and aptions_ Most of the changes "tighten up" provisions already in the code_ Key changes for residential new construction inctude a better "thermal envelope" (e.g- walls, insulation, windows, doors, etc_), changes to duct testing, and increased use of fighting controls, On the commercial side, key changes include air barrier commissioning {i.e. testing and verification of the layer in watts that keeps outside airout and clean, conditioned inside air in}, more efficient mechanical systems, technology for energy monitoring in larger buildings so that building operators can better measure and track their building's energy use, and increased options for additional energy efficiency "paints" Jurisdictions with the 2021 IECC. Arapahoe County, Aurora, Crested &tte. Denver. Datares_ Erie, Fort Collins, Golden, Larimer County, Littteton, t_ongrnont, Lou isvi[to, Parker. Superior, and Vail. At least 66 other jurisdictions covering 70% of Colorado s population have announced plans to adopt the 2021 1ECC in the next year, or are already in the process of adopting it_ lde w Colorado Law (2022); The Calorada legistature passed a new bipartisan law that updates minimum energy code requirements_ jurisdictions must adapt at least the 2 021IECC, along with EV-ready. PV-ready. and electric -ready. when updating any other building codes between July 1, 2023 and July 1. 2026. after that date. jurisdictions must adopt at least a low - energy and carbon code. A new Energy Cade Board will identify code language for the EV- ready. PV- read y, electric -ready, and tow energy and carbon code_ and jurisdictions can choose to adapt that code language, something equivalent, or something stranger_ .01 Cost Discussion; An extensive analy5i�, from the Pacific Northwest National Labs (PNNL. the entity diarged by the U.S. Congress to perform energy code cast -effectiveness studies) calculates that the increased first cast per household is $1.470 far the 2021 IECC versus the 2015 IECC in Climate Zone 6B (as of Dec_ 2021)_ PNNL's analysis is considered the most credible compared to other estimates because of PNNL's long-standing Peer -reviewed methodology, and its absence of profit motive orconflict of interest, The majority of the first cost increase compared to the 20151ECC is an increase in insulation levels_ (Cost data is roughly similar between the 2015 and 2018 IECC. since the efficiency levels were similar.) 1.00 $59 9119 S51 4 Sa1,144 Other studies of incremental upfront costs to builders for the 2021 IECC (not including local, state, utility, or federal incentives): • ICF International 333-$2.288 . NAHB (via Home Innovation Research Lab): $3.685-$6,891 {note: ICF study found HIRL study used incorrect economic assumptions) Mi Id /Medi u m/Aggre ssive Rating; Mild_ The 2021 1 ECC is the minimum energy code required by the state of Colorado and even before the state law, jubsdiftions covering half of Colorado's population had already announced plans to adopt it. As such, "mild" also includes EV-ready, PV-reader, and electric -ready as required by Colorado law. A "medium" rating would include a higher degree of electric transition — far instance, allowing a choice of either all - electric or mixed fuel new construction but requiring mixed fuel homes and buildings to pursue additional energy efficiency to make up for the extra emissions from fossil gas use onsite_ An "aggressive" rating would include either all -electric requirements, the zero energy appendices. or both_ Prepared For. Eagle County Code Cohort supported by the Colorado Energy Office Date Updated: January 8, 2023 IIl[rliRo COUE LLC LOTUSSWEEP MATE -,wg Iiluunt M' AC11ors FrKyn nng&Suslolr llhy ndolfo'1. =•••M mob[ 10 Attachment B: Solar Ready Expanded Sala r�Ready Prepared for Eagle County Carle Cohort About: Solar -Ready appendices (RB for residential and CB for commercial) are officially prepared by the international Code Council as "add-ori' to the IECC. They prepare homes and buildings for the future installation of solar by requiring conduit, space on the electrical panel, space reserved on the roof free from obstructions and shady objects, adequate roof structural capacity, notation on construction documentation, and a permanent certificate. Shady roofs are exempted. The current appendices only include multifamily buildings 4-5 stories tail, so an amendment is needed to include all multifamily buildings - a provision we call "expanded solar -ready" Cost Discussion: Upfront costs are minimal (<$200). Cost savings include avoiding the need to tear up watts, redo wiring, and potentially upgrade an electrical panel. They also avoid the situation where roof penetrations for attic vents, etc. are poorly placed in a way that prevents future solar. jurisdictions with Solar -Ready: Avon, Boulder, Boulder County, Breckenridge,* Craig, Denver, Fort Collins, Frisco,* Golden, Lafayette, Louisville, Superior, Vail, and Wheat Ridge. Others considering or in the process of adopting it, besides Code Cohort communities, include Eagle County (*via Summit County sustainability program). Note: a new 2022 Colorado law requires all upcoming IECC adoptions to include solar -ready provisions equivalent to or better than a version to be identified by the state's Energy Code Board. We highly anticipate Appendices RB and CB with the multifamily fix will meet the law. Mild/Medium/Aggressive Rating: Mild. A "medium' rating would require solar to actually be installed on some buildings for part of the energy load, plus a residential solar access law. An "aggressive" rating would require solar installed on all buildings for all of the energy load, a residential solar access law, and a retrofit policy. Prepared Far: Eagle County Code Cohort supported by the Colorado Energy Office Date Updated: October 10. 2022 4& SWEEP rN. �'nT.7771JO LLiOE ssu�v CLIMATE u� LOTUSwalking mountains ACTION Fnginaerng & S�s[olndd oey vn. ai. rn r 11 Attachment C: EV Ready EV-Ready --%A* Prepared for Eagle County Cade Cohort About; ElectricWhicle Beady (EV-Ready) appendices prepare homes and buildings forthe current transition to electric vehicles. These appendices recognize that the vast majority of all electric vehicle chargingwill occur at borne, with some charging infrastructure needed at work or around town- New single family homes will require one EV-readyspace, and new multifamily and commercial buildings will require a percentage of EV-capable, EV-ready, and EV-installed spaces depending on the building type and use. • Note. EV-ready is especially important for multifamily buildings, for equity reasons, since renters can't retrofit their parking lot or garage to install a 240-volt outlet on their awn, BuiWiietig Typr EV-102tal led Elf-@*Udy W-Capabi o Single-family NIA 1 space N/A Multi(arn ly 5 10% 40% Commerciat 5% 0% 40% Market Discussion: EVs comprised 9% of new vehicle sales in Colorado in 01 2022, and dealers continue to have long waitlists, especially with the recent rises in gas prices. All maiar auto brands have announced plans to shaft the majority of their fleets to EVs by the mid- 2030s or sooner. Newer models have ranges of well over 300 miles. Besides the reduced environmental impact, buyers like the faster acceleration. the low maintenance, the safety ratings, and the convenience of avoiding trips to the gas station. 12 Cost Discussion; One EV-readyspace for a single-family home averages about 325- 00 at the time of construction. Federal and utility rebates are available- Retrofitting even just the wiring later can run $481- 1.493 per space (depending on the distance from the panel to the garage) plus potential costs to upgrade the electrical panel For commercial and multifamily, costs can run S3 Q Q for EV-capable, 51,300 for EV-ready, and S i v ':i for EV-Installed per space, before any federal, Colorado, or utility rebates. Retrofits done later can cost several times more. and may include the need to tear up and rebuild walls (and in the case of commercial and multifamily. parking lots and landscaping), redo wiring, and upgrade the electrical panel. Climate Impact: It depends on adoption by homeowners, but for an average -sized household, a new EV in Colorado reduces CQ2e 8,175 pounds per year compared to new gas car (a 63% reduction), as of 2027- The CO2e reductions improve over time as cel's grid adds increasingleveis of renewables. Jurisdictions with EV-Ready: Aspen, Avon, Basalt, Boulder, Boulder County, Breckenridge - Broomfield, Crested Butte, Denver, Dillon, Durango, Eagle County. Erie, Fork Collins, Frisco, Golden, Lafayette, Lakewood, Larimer County, Louisville, Longmont, Pueblo County, Steamboat. Summit County, Superior. and Vail. Others in the Code Cohort communities are also planning to adopt it. Note; a new 2072 Colorado taw requires all upcoming IECC adoptions to include EV-ready provisions equivalent to or better than a version to be identified by the state's Energy Cade Board. We highly anticipate these amendments will meet the new law. MildlMedium/Aggressive Raking; Medium. A 'mild" rating would have lower percentages for commercial and multifamily. An "aggressive" rating would require every space in multifamily to have some level of infrastructure, plus a policy for renovations. Prepared For: Eagle County Code Cohort supported by the Colorado Energy Ottice Date Updated: January 13, 2023 agzfR94 €OUE QRQUP S . WE .. E . P LLC LOTUS�... ­;1lkingm13ua1a1M A'CTi4N 13 Attachment D: Electric Preferred Electric -Ready and Electric -Preferred Prepared for Engle county Code Cohort About: Electric -ready amendments prepare homes and buildings for the choice between electric and gas equipment and appliances by ensuring they have the wiring and panel capacity available for future electric equipment (and enough physical space, in the case of water heaters). Electric -preferred amendments, the next step, still allow new construction to be either all -electric or "mixed fuel" (e.g. natural gas) but mixed fuel homes and buildings require extra efficiency to make up for extra emissions. Code Amendment Specifics: In particular, the residential amendments in the prescriptive path require mixed fuel homes to select three "additional efficiency packages" instead of one. Mixed fuel homes choosing the "Total Building Performance" pathway would similarly choose three additional efficiency packages instead of one, or have annual energy costs less than or equal to 80% of the standard reference design instead of 95%. Mixed fuel homes choosing the "Energy Rating index" (ERI) pathway would seek a score of 51 instead of 54.* For commercial buildings, mixed fuel buildings would choose extra efficiency options totaling an extra 10 points. The amendment also fixes two places in the commercial code where gas systems were given more points than electric. Market Developments: Air source heat pumps have been commonplace in other parts of the country, and are now making inroads in Colorado thanks to rapid tech nologicat developments that allow "cold climate" heat pumps to supply heat even when outdoor temps fall to -22F. Other configurations are possible as well, such as a non -cold -climate heat pump plus extra "strip heat" that can kick in for extra cold times. (This configuration is cheaper upfront but more expensive to run in extra cold temperatures.) For water heating, heat pump water heaters are an easy replacement for a typical gas or electric hot water storage tank. Finally, on the cooking side, some homeowners may express a preference for gas, but induction stoves are proving their mettle with twice -as -fast boil times, more Finely -tunable controls, safety protections (e.g. the ability to touch the burner and not get burned) and the near -elimination of harmful air pollutants that lead to increased asthma rates and other respiratory distress. Note that reliability of electric systems during a power outage is the same as for gas systems, since gas systems require electricity to run as well. Cost Discussion: Upfront costs depend highly on the configuration selected by the builder. Ail -electric homes, depending on supply chain availability and builder/contractor familiarity, can be built at no additional cost compared to mixed fuel [1]. Although the upfront costs of an air source heat pump and heat pump water heater are typically more than gas equivalents, the big savings come from avoiding the gas connection and gas piping costs to and within the home or building, and state and utility rebates offset the cost as well. Separate market transformation efforts are underway to train builders and contractors for the transition to all - electric equipment, and the familiarity and economies of scale are expected to bring total costs down further. . Before 5% efficiency required in R401 14 (Cost Discussion Cont'd) For mixed fuel homes, electric -ready infrastructure is estimated at $300 for a water heater and the same far a stove (or possibty increased to $400 each with inflation and a tight labor market). No additional costs are incurred for electric readiness for a furnace, because central air conditioning or other space cooling would be provided anyway. The cost of the additional two efficiency packages, required for mixed fuel homes, range from 4r; for the HVAC efficiency option to $ir453 for the ventilation option (not including inflation since 2021). Iurisdictians with Electric -Ready and/or Electric Preferred: Boulder, Boulder County. Crested Butte (all-etectric) Denver (in progress), Fort Collins, Louisville, Superior, other Code Cohort communities (in progress). Note: a new 2022 Colorado law requires all upcoming IECC adoptions to include electric -ready provisions equivalent to or better than a version to be identified by the state's Energy Code Board. we highly anticipate these amendments will be in compliance with the law. Mild/Medium/Aggressive Rating: Medium. A "mild" rating would be just electric ready — i.e. just the wiring and panel capacity. An "aggressive' rating would require att-electric heating and water heating for most residential, multifamily, and commercial buildings, or, even further, no gas connections at all. Prepared For: Eagie County Cade Cohort supported by the Colorado Energy Office Date Updated: October 10, 2022 SWEEP �. LOTUS F r rua vu r it i'i S, Suala lr woli 11 v TM' Mozingo cone GRow LLC UMAIE walking mountains ACTION mP 15 Attachment E: Exterior Energy Offset Program Exterior Energy Offset Program Prepared for Eagle county Cade Cohort About; The Exterior Energy Offset Program, or EEOP, is a policy designed to encourage sustainable and energy -efficient solutions for residential exterior energy uses, such as sideway snowme€t systems, poo€s. spas, outdoor heaters, and outdoor fireplaces_ A similar program known as the Renewable Energy Mitigation Program, or RFMP, acids additional fees for €anger homes and adds commercial buildings. New homes and buildings meeting the criteria have typically have two options: pay fee, or offset the energy use with onsite renewable energy. Fee U se s: Fees colkecte d by the jurisdiction are u sed to fac i li tate additional energy eff is ieney, electrification, and renewable energy within the jurisdiction_ Specific uses therein can include: - Incentives, rebates, and grants - Free or reduced -cost home energy assessments - Educational and outreach materials Staff, business, and resident trainings - Energy coaching - Quick install of certain weatherization measures - Planning and design for projects Special consideration for projects that positively affect occupants of local affordable housing or low-income residents Jurisdictions with EEOP or REMP: - Aspen (REMP) . Avon (EEOP) . Basalt (REMP) • Eagle County (EEOP) Minturn (E EOP) . Pitkin County (REMP) Offset and Fee Calculations; For EECip_ the air unt of renewable energy required oe the amount of fee to be paid is based on the type and size of exterior energy use and the expected energy use over the systern's lifetime_ For R EM P, the fee is based on the type and size of exterior energy Use and the baiter efficiency, and the fee is reduced by the amount of renewable energy provided_ See the chart below for specific amourits_ 16 Smwmelt Systems �200 Sq Ft 34.4�5 BTUs h50% required} $161 sq ft Hot tUb) Spa}d2 5q fit 430.000 BTUs (30Vk required) �t7wsq ft ExteriorRoaL &3.000 BTUs (50% -required) 5136{sgft SnowmeftSystems 34.d238TUs000%equired) Fe in -Lieu mtaRowied Hot Tub) Spa OPINION 430.000 BTUs f100%requiredh PINWORM Fee-in•heu not altowd Sfrowmelt Systems (alw requires G6.241.20AW PV Ipitk:n)` 534fsq ft - hakereffiruecy mir•.efFiaertzy & insuLatonj $b,865.32JkW FV Vssper,} Hot Tub? Spa }62 Sq Ft $224.651sq ft sdeu thermal $176Jsq h t boiler eNr€iency %.&41700k BTUs GSHP Ipithn} Exterior pool $1.4001101k BTU GSHR jAspcm) $1361_q Ft-; bniLerefficiency Home size [far homes } 5.000 sq hI 2 kw F V $lvsq 11 These are the portion of the REM fec avoided through tyre i39e of PV- solar thermal- and ground source heat pumps (GSHPs1- Re-comirnended ESOP Updates- based on findings and experience in later -edition REMP programs, the EECP could be improved arid strengthened in three key ways: The ECUs and hourly use estimates for snowrrlelt systems rely on outdated info, and should be Updated to 92-663 STUsM ftlyr, as included in REM Rather than a fee -in -lieu based on cost of operation, the fee -iLn-lieu should align with the local cast of installing solar as an offset, and should be recalibrated every three years. . The program could apply to both residentWand commercial buildings - Climate impact: This i5 tough to calculate size on the jurisdiction's part it depends on how high the fees are set, how impactfully the Funds are used to encourage other climate -friendly projects- From the homeowner or developer's side it depends #low much the program discourages installation of these systems, or encourages higher -efficiency systems than would otherwise be used- Mild/MediurniAggressive Rating, This entirely depends on how high the fee is set, what exterior energy uses are inducted, and if the program covers both residential and commercial In general, we give the current EEOR programs a ranking of miid, at least until the BTU offset andlor fees -in -lieu are raised, and coirmercial properties Ave added- We give the current REMP programsa rating of tedium-- Priepared Far; Eagle County Code Cohort supported by the Colorado Energy Of ice Date Updated, October 26, 2022 SWEEP LOTUS Lr yrwai+rg&5uMn=MW "" 14doxingn coat �rouv LLL • h CLIAFAi'E walk�g m01.1urA S ACTION . . • �Du'a wyp 17 AVON ENERGY CODE UPDATE February 14, 2023 Derek Place, Chief Building Official Agenda o Town of Avon's current codes o How our codes are adopted and implemented o Aligning with / leading Eagle County Code Cohort o Recommended code changes o Supporting our climate goals Current Adopted Codes in Avon Current Adopted Codes in Avon 0 2021 International Energy Conservation Code (IECC) o Solar -ready appendix o EV-ready (in municipal code, not energy code) o Exterior Energy Offset Program (in municipal code, not energy code) o Other 2021 building codes from the International Code Council (not amended/discussed here) Alignment with New Colorado State Law (HB22-1362) 0 2021 IECC + EV-ready, PV-ready, and electric -ready req'd in local adoptions after July 1 o Colorado Energy Code Board will select model oode language; local jurisdictions can exceed o Code Cohort amendments highly expected to comply/align How Codes are Adopted and Implemented o Model codes revised nationally every three years o Amended and adopted by local jurisdictions at town council's discretion o Included in our Municipal Code chapter on Building Regulations o Posted on our website o Copy on file at permit office front desk o Training and technical assistance on new codes, as needed (provided by energy office, non -profits, utilities, etc.) 2/8/2023 Goals of Code Cohort o Joint collaboration with building departments and sustainability staff o Region -wide adoption of the 2021 IECC o Region -wide adoption of consistent supporting amendments. o Streamlining for builders (reduced pathwork of local regs) o Faster building department approvals (resulting from higher compliance) o Compliance with state law Code Cohort Process VReview of key changes in 2021 IECC and discussion/agreement on supporting amendments OPre- and post -meeting research ODraft code language, memo, and PPT 0 Outreach, public meeting, survey OOne-on-one meetings with staff and consultant team 0 Adoption/implementation support o Legislature allocated $3 million for grants and training on the 2021 IECC, electric and solar Potential Future ready codes, and low energy and carbon Funding for the codes Cohort von Energy Code Update As MEN son Solar -ready son EV-ready Recommended Electric - Amendments t��► prefered O Efficiency improvements Later: Exterior Energy Offset Program Code Cohort Supporting Amendment Decisions OUnderstand building code plans and adoption schedules by community. OIdentify amendments already widely adopted or underway, and amendments rising in interestlpopularity OCalibrate with new Colorado state law OScreen and pare down as a group based on impact, cost, and simplicity. ORework and refine based on outreach with residents and builders Why Solar -Ready, EV-Ready, Electric -Ready, and Efficiency? o Many times cheaper than retrofitting o Meet resident and customer needs o Future -proof homes and buildings o Overcome critical barriers to adoption o Equity impacts / renter benefits o Climate goals 2/8/2023 is 16 What is Solar -Ready? o Officially prepared by the International Code Council (ICC) as an `add -on" to the IECC (Appendices CB and RB) o Prepares homes & buildings for future solar o Conduit, space on electrical panel, space on roof, adequate roof structural capacity, exempts shady roofs o For commercial buildings, also requires energy storage -ready o Expanded Solar -Ready amends code language to include all multifamily o Cost for new home: <$200 Multifamily Gap in Solar -Ready o Appendix RB applies to single-family, duplex, townhomes . o Appendix CB applies to commercial buildings <5 stories o This leaves a gap: multifamily = 3 stories or >5 stories - - o Easy amendment: RB applies to all buildings regulated under residential chapter, CB applies to all buildings regulated under commercial chapter Who Has Solar -Ready Appendices? In Cohort: Others statewide: o Avon (residential) o Boulder Countyo Breck o Basalt (residential & commercial) o Craig o Crested Butte (solar required for commercial) o Vail o Denver o Erie o Fort Collins o Frisco o Golden o Louisville(solarrequiredfor residential) o Lafayette o Northglenn (in progress) o Wheatridge (partial) von Energy Code Update Solar -Ready Ranking Mild Medium Aggressive o Solar required on some o Solar required on all buildings for part of buildings for most of load. load (as feasible) o Already adopted in Examples: Crested Examples: Louisville Avon, only needs Butte, Basalt, Denver, (residential), Golden multifamily Lafayette (in progress) (in progress) amendment o Solar access law o Solar access law o Required by state law o Roof replacements o Minimal cost included • Example: Lafayette EV-Ready • Reminder: Terminology 1. "EV-Capable" parking space Electrical panel capacity + branch circuit+ raceway 2. `EV-Ready" parking space EV-Capable + 240-volt outlet 3. "EVSE-Installed" parking space Install a minimum number of Level 2 charging stations 0 •)J am(* • Ulm What is EV-Ready? o Prepares homes & buildings for EV charging o EVs were >10% of new vehicle sales in CO in 2022, growing exponentially o Most people prefer to charge at home overnight o Cost for new home: <$400 (vs several thousand $ to retrofit) Who Has EV-Ready Requirements? In Cohort: o Avon o Basalt o Vail Others statewide: o Aspen, Boulder, Boulder County, Breck, Broomfield, Crested Butte, Denver, Dillon, Durango, Erie, Fort Collins, Frisco, Golden, Lafayette, Larimer County, Louisville, Longmont, Northglenn, Superior, Summit County 2/8/2023 2s 26 13 Electric Preferred t'4 What is Electrification? Electrification means upgrading appliances, equipment, or vehicles that would otherwise run on natural gas, propane, or gasoline —such as furnaces, water heating, stoves, clothes dryers, and cars —to clean and efficient electric versions. Why the Increased Interest? Tech. advancement (low -temperature performance, cost) Increasingly renewable grid Electrification Options Municipal & state emission reduction goals AN Consumer preferences (idoor air quality, able two -in -one unitl lower/stable energy bills) •Electric -Ready: Pre -wiring and panel capacity for future electric systems (required by state law) •Electric -Preferred: Extra efficiency or renewable requirements for new construction with natural gas Electric -Only Space and Water Heating: Allows gas stoves CElectric -Only with Exceptions: No fossil fuels allowed in new construction except commercial kitchens, labs, emergency loads, etc. Electric -Ready / Electric -Preferred Amendment Specifics Pathway All -Electric Mixed Fuel Residential Prescriptive As written. 1 add'I efficiency 3 additional efficiency packages, package eledricteady Residential Total Building As written 1 add efficiency package or<9596standard 3 additional efficiency packages or Pertortnance reference des n 00% std ref design, electric ready Residential ERI (using HERS) As written: 55 before 5% reduction 52 before 5% reduction, elecinc- ready Commercial Prescriptive As written 10 points 20 points, electncteady Commercial Total Building As written 10 extra points; electric ready Performance Commercial ASHRAE 90.1 As written 10 extra points; electric ready Who Has Electrification Amendments? In Cohort: o Avon (radial electncteady: 200 amp panel) o Basalt elecinc-ready o Vail- electric -ready Others statewide o Boulder: electricyreferred o Boulder County: electric preferred n Crested Butte: all -electric o Denver: all�electricspace and water heating (commercial), electncyrefened (residential) o Erie: electric preferred o Fort Collins: electric -ready o Golden: ahTeiecmc o Lafayette: all -electric' o Louisville: art lecbnc space and water heating (commercial) o Northglen0: electric -preferred' o Superior: electricyreferred adoption underway Electric -Preferred Costs All -electric option: o Heat pumps and heat pump water heaters cost more upfront than gas equipment - but save on gas connection and piping o No separate air conditioner needed Mixed fuel option: o Price depends on additional efficiency packages chosen ($500-$1,500 each) o Cost of electric -ready infrastructure: $0 heat pump, $300 water heater, $300 stove Common FAQs on Heat Pumps o Are we talking about heating/cooling from the ground? • "Ground source heat pumps" are one type of heat pump, and they are more efficient but also more expensive than the more common "air source heat pumps." o Do they work in our cold winters? New "cold climate" heat pumps work in temps down to -22"F. Non -cold climate heat pumps can work in temps down to to 0-25"F depending on unit, and integrated "strip heap can kick on in the colder temps. o Can our grid handle the increased load? • Our grid was built for high summer cooling load, so it has room to space for extra winter heating load. Holy Cross Energy & Xcel are aware of the transition and conduct long-range planning to ensure sufficient capacity. o What happens in a power outage? They won't work (but neither will gas furnaces since they too need electricity to run). Electric -Preferred Ranking Mild Medium Aggressive o Just electric ready o All -electric heating (wiring and panel and water heating for capacity) as most residential, required by multifamily, and upcoming state law commercial buildings o OR all -electric with exceptions Efficiency Strengthening Amendments Why Efficiency Strengthening Amendments? o Further reduce energy consumption of a building o Progress buildings toward net zero o Cost-effective Who Has Efficiency Improvements (various)? In Cohort: o Avon - Natural gas equipment efficiency minimum o Basalt - Reflective radiant barrier on roof Others statewide: o Aspen, Boulder, Boulder County, Breckenridge, Carbondale, Denver Erie, Fort Collins, Frisco, Golden, Louisville, Summit County, Superior Recommended New Construction Amendments o Ensure all hot water piping is insulated (Amend Section R403.52 in IECC). o Install heat tape timers Recommended Existing Building Approaches o Require addition, alteration, and remodel projects to conduct an energy audit to identify efficiency upgrade options that could be pursued, and submit this in a report during permitting. • Note, no action is necessary after the audit o Install programmable thermostats for space heating systems when undergoing an HVAC upgrade o When upgrading gas HVAC, provide quotes for both gas and electric systems GHG/Climate Impacts mate Impact of Amendments o Depends on adoption rates by builders/homeowners, but for an average - sized household: Solar -ready: PV system reduces CO2e by 11,200 Ibs/yr compared to grid (2022) (60% reduction) EV-ready: New EV reduces CO2e 8,175 Ibs/year compared to new gas car (63% reduction) Electric -ready (1): Air source heat pump reduces CO2e 5,887 Ibs/year compared togas furnace (58 % reduction) Electric -ready (2): Heat pump water heater reduces CO2e 1,289 Ibs/year compared to gas water heater (69 % reduction) o As grid gets cleaner, EVs & electric get better (but solar gets less impactful). Other Green Building Items o Not evaluated here, could be considered in a separate effort o Some of these in the International Green Construction Code (IgCC) or green building certification programs • Construction and demolition waste • Sustainable landscaping • Water conservation • Improved indoor air quality • Embodied carbon Equity and Public Input Key Equity Considerations o Low-income advocates are active in code development and strongly supportive of energy codes o Renters have very little control over energy costs or infrastructure. They are "stuck with" the insulation levels, windows, mechanical systems, etc. • Highlights importance of building right the first time o Building pollution, dimate change, and climate -related disasters disproportionately harm low-income and people of color Additional Cost Considerations o Home purchase price determined largely by market, location, features, amenities (not codes) o Energy bills are an important component of home affordability o Retrofitting a home later to allow dimate-friendly equipment costs homeowners many times more than including this capability upfront o NEW incentives and rebates for efficiency and/or electrification from State of Colorado, Inflation Reduction Act, Xcel, HCE, WMSC S 2 1 am going to skip these slides because I think all our jurisdictions are going to 2021 and don't need the cost data again (we also share in each sub -section). I love the equity and climate impact slides though, so perhaps we create a new header slide? GHG Impacts - following with the impacts slide (we could maybe add EC modeling data to this once approved by the BOCC) Equity and Public Input - add equity slides and public input slides. Kimberly Schlaepfer, 12/2/2022 Public Outreach and Engagement Events: 0 Public webinar/Q&A o Public engagement survey Key Takeaways: 0 78 % of survey takers believe that consistent building code across the Eagle River Valley is important. 0 Survey takers were very supportive of each Code Cohort amendment. Support was slightly higher for commercial amendments than for residential. More than 70 % indicated support for solar -ready, EV-ready, and electric preferred Support dropped below 60 % for requiring existing building projects to investigate efficiency upgrade options (res and comm). o Survey takers saw the biggest benefits as reduction in carbon emissions and future -proofing buildings. 0 Survey takers perceived the biggest barriers as upfront cost, knowledge of requirements, and (lack of) customer awareness. Iree�ln 65ualolnodl Thank you! 2/8/2023 49 50 25 2/8/2023 Avon Energy Code Update February 14, 2023 51 Mi ❑ Beneficial Electrification for 5% of eusting residential and commercial buildings each year. ElFor new and remodeled residential and commercial building> adopt'ebove Wilding code standards end incenrwe aM implement net -zero or all -electric construction requirements by 2030. Work Wined consistency across jurisdictional boundaries in Eagle County. Implement a benchmarking ordinance in Eagle County for all commercisl Wildings 10,000 spume feet or larger. Avon Energy Code Update February 14, 2023 52 Me 2/8/2023 (,Residential 3mercial Commercial 3% 28% Avon Ergy Cade Update Februneary 14,2023 53 54 Residential Resi4ants l 9% 25% Commercial 25% 2019 2020 27 o Provide the community with additional hours of implementation support for supporting amendment and base code 2021 adoption. o Set expectation for staff that leadership approves of cohort work and staff engagement Community to identify consistent supporting amendments. o Non -binding resolution to demonstrate Resolutions commitment to adopt2021 codes. o Non -binding resolution to demonstrate commitment to pursuing consistency in supporting amendments that contribute to CAP goals. TO: Honorable Mayor Amy Phillips and Avon Town Council Planning and Zoning Commission members FROM: Jena Skinner, AICP, Senior Planner RE: Upcoming Development Code Modifications DATE: February 9, 2023 INTRODUCTION: This report provides a list of Staff recommended Avon Municipal Code ("AMC') updates for consideration by Town Council. As Staff considers new development projects or as Staff discovers ineffective or outdated code criteria during the development review process, it is clear that some of the older provisions of the AMC need to be updated. Additionally, Staff feels that managing programs, such as code enforcement and the associated licensing tied to the building department, could be enhanced to improve the administration of these programs. Importantly, Staff feels that if a commonly used aspect of the AMC is difficult for the public to navigate, or, so inflexible that a secondary process is then needed to achieve a reasonable goal of the public, that the code should be reviewed and amended to be more efficient, effective, and less onerous in its application. PROPOSED CODE AMENDMENTS: Community Development A. Minor I General Updates Title 7: Development Code 1. 7.08.010 General Definitions. Update and addition of new definitions to reflect current conditions, uses, and new uses that lack definition. 2. 7.16.020 General Procedures and Requirements. Update to public notification section 7.16.020.(d) Step 4: Notice. 3. 7.16.060 Planned Units Developments. The purpose of which is to allow the TC to be one of the permitted entities that may initiate an amendment, similar to Rezonings (7.16.050) 4. 7.16.070 Subdivisions. The purpose of which is to allow condominium plats to be processed administratively, no matter how many units are within the structure. 5. 7.16.080 Development Plan. The purpose of which, is to update the list of what modifications require a Minor or Major Development Plan review, as well as add notice requirements for this process. 6. 7.16.120 Alternative Equivalent Compliance. The purpose of which, is to use the Alternative Equivalent Compliance ("AEC') process to support variations needed for improved signage. Staff also proposes to change the name to "Alternative Design" as the process is intended to offer an opportunity to improve or modify a design standard for the betterment of a project. New Section: 7.20.070 Residential and Commercial Setback Encroachments. The purpose of which, is to permit certain non -habitable encroachments for limited, building and development elements. 8. 7.20.100 Employee Housing Mitigation. The purpose of which, is to cross-reference this section with more current housing plans, including the Avon Housing Guidelines. 9. 7.24.080 Temporary Uses. The purpose of which, is to add provisions related to uses that 970.748.4023 jskinner@avon.org Page 1 of 3 produce noise, as well as to modify length of temp use permit. 10. 7.28.020 (f) Handicapped/Accessible Parking. The purpose of which, is to add further clarification of space locations. 11. 7.28.080 Fences. The purpose of which, is to update the wind speed reference. 12. 7.28.100 Natural Resource Protection. The purpose of which, is to strengthen and improve design and development controls on properties with significant excavation/grading needs. 13. 7.32.080 School Site Dedication and Park Dedication. The purpose of which, is to clarify when fees must be paid during the application process. CHAPTER 15.30 - Outdoor Lighting Standards 14. New Section: Update of this Chapter to improve "Dark Sky" protections to include indoor lighting effects on neighboring properties. B. Major Modifications 1. Chapter 7.34 Sign Code. The purpose of this amendment is to add flexibility to the sign code in order to avoid the need for a Variance. RELATED: Proposed Amendment A.5 —'AEC" 2. Chapter 7.16 Development Review. Specifically, simplifying the development review process. This will also include the clarification of what process is required for Temporary Uses and the Development Bonus applications. C. Other. Staff requests feedback from Town Council regarding the following potential amendments: Chapter 8.24 Public Nuisances. New Section. Establishing a threshold for acceptable noise levels during specific times of day, similar to Vail. 2. Rezoning Industrial Zoning to "Heavy Commercial" to add a greater level of compatibility between these uses and residential uses (e.g., existing uses on Metcalf and Tract Y). This would affect Chapter 7.24. 3. Town Core Map. Establish a process by which to amend this map. This would affect Title 7. Finance Department D. Chapter 5.04 Business Licenses. General update to this Chapter. Aside from STR provisions, this Chapter has not been significantly updated in several years. NEXT STEPS: Staff has earmarked the components on this list over the last year as amendments considered necessary for the AMC. Staff is proposing these amendments for several reasons: to increase the ability of the public to understand and implement the requirements of the Code clearly; to simplify and clarify processes for both the public and Staff; and to update the Code to reflect current conditions, standard procedures and best practices of development; and updates to reflect present taxation modifications. 970.748.4023 jskinner@avon.org Page 2 of 3 STAFF RECOMMENDATION: "I move that the Town Council initiate Staff to engage with the proposed Code Text Amendments for the purpose of updating the Avon Municipal Code, as outlined by Staff." Thank you, - Jena 970.748.4023 jskinner@avon.org Page 3 of 3 TO: Honorable Mayor Amy Phillips and Town Council A Planning and Zoning Commission members Avon FROM: Matt Pielsticker, AICP, Planning Director RE: Long Range Planning in 2023 c o L o H a o 0 DATE: January 29, 2023 This year will bring several long-range planning efforts to the Planning and Zoning Commission ("PZC") and Town Council. In addition to continuing the La Zona planning project, Community Development will be taking the lead role with the following efforts: • Three -Mile Plan • Sun Road Redevelopment Plan • East Avon Redevelopment Plan This memo explains these three planning projects and highlights the effort to contemplate a Downtown Development Authority ("DDA") in Avon. Community Development will act in a supporting role with the DDA. THREE-MILE PLAN: In 1987, the Colorado legislature made substantial changes to the state's annexation law. One of the more significant changes limited municipal annexations to no more than three miles beyond a surrounding boundary line in any given year. The legislature also required municipalities to adopt a three- mile plan prior to annexations. A three-mile plan is a long-range planning opportunity to discuss policy directives and plan for coordinated efforts and activities outside the Town's boundary. Three-mile plans as a prerequisite to annexing property define how services are provided in newly annexed areas. Adopting a three-mile plan does not predispose the Town to annex property; instead, it ensures that the provision of services (i.e., multi -modal transportation, open space) for new development is aligned. L� i.. go • / % von. V�II, Mlnturn -Three Mile Buffer Irdermcklm AmC^ .. r �p :. � ErW.�w�+yIWg7WMr li 4ry a.od ovon Town of Avon - Three Mile Buffer .. .—------=--- - - 970-748-4413 matt@avon.org Page 1 of 3 The Town has yet to adopt a three-mile plan and has not discussed implementing a three-mile plan since 2011 when Eagle County and the Town were discussing Eagle-Vail's long-range planning. Recent discussions regarding the future development of the State Land Board parcels near Eagle -Vail have reinforced the need to plan outside the Town's boundaries. The State Land Board area falls within the Town of Avon, Minturn, and Vail's three-mile boundaries, as highlighted in the map. Staff intends to solicit professional assistance when developing and discussing forming a three-mile plan. Current thinking is that the solicitation process will yield a firm or firms that can also assist with the East Avon and Sun Road redevelopment plans discussed below. EAST AVON: The "East Avon" area was originally defined by the Avon Comprehensive Plan in 2006. It is bordered by Avon Road (west), Interstate 70 (north), Village at Avon (east), and Union Pacific Railroad (south). Building upon the West Town Center Investment plan of 2007, in 2008, the Town adopted the East Town Center District Plan, which includes generalized concepts for redevelopment with "a substantial increase in residential development," road realignments, and circulation improvements. Of the 37 acres of land comprising the district, approximately 8.5 acres is public road right-of-way. Connecting roundabout 4 with an intuitive roadway to Chapel Place and the Village at Avon remains an important goal for redevelopment in the area. This year we anticipate an overhaul of this plan by pulling relevant elements forward and bringing the plan into relevance with today's anticipated development — including Community Housing. The East Town Center District Plan warrants updates, refinements, and more specificity. SUN ROAD: The Community Development's 2023 goals include "Develop long range sub area plan for the redevelopment of four properties and Sun Road." Sun road consists of the Post Office parcel, Walgreens, and two parcels owned by First Bank. All four properties are zoned Town Center (" %"), which permits substantial development in line with neighboring TC parcels. 970-748-4413 matt@avon.org Page 2 of 3 DOWNTOWN DEVELOPMENT AUTHORITY: After presenting the concept to implement and form a possible Downtown Development Authority in Avon last fall ("Attachment B"), Council supported pursuing the effort in 2023. The primary purpose of forming a DDA would be to leverage the tax increment from new development projects in a defined area. A plan would likely include Community Housing and public improvements (i.e., parking, utilities, and other related elements.). Conceptual DDA Area Thank you, Matt ATTACHMENT A: Downtown Development Authority Process report, dated October 19, 2022 970-748-4413 matt@avon.org Page 3 of 3 ATTACHMENT A TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager ,�,v o n RE: Downtown Development Authority Process DATE: October 19, 2022 C C L C H A IJ C SUMMARY: This report provides an overview of the steps and timeframe to form and implement a Downtown Development Authority ("DDA"). If Council supports the formation of a DDA then Staff will proceed with the steps for implementation as outlined in this report. Additional details, background information, stakeholder input and policy direction would occur as an integral part of the process to form a DDA. PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The DDA status state the purpose as: (1) The general assembly declares that the organization of downtown development authorities having the purposes and powers provided in this part 8 will serve a public use; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide for the continuance of the health thereof; and will be of especial benefit to the property within the boundaries of any authority created pursuant to the provisions of this part 8. (2) The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended.' DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA Plan area. Related to development of Community Housing is the cost of land acquisition; installation, extension or realignment of roads and utilities; and construction of services and amenities to support an increased population, such as early childhood education, parks and recreation. The "Downtown" is a specifically defined area of the municipality in the "Central Business District". The Central Business District is defined as "Central business district" means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.2 Council has significant legislative discretion in determining the "Central Business District" and portion that is suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input and review of specific DDA Plan goals and strategies. 1 CRS §31-25-801 z CRS §31-25-802(3) 970.748.4004 eric@avon.org DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting and forecasting of revenues is speculative because it depends upon the actual construction of new development that increases the assessed valuation of the entire DDA area over the initial baseline assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+ room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are other terms in the Village (at Avon) development agreement which may present opportunities to reduce Avon's tax credit obligation to repay debts of Traer Creek Metropolitan District. QUALIFIED ELECTORS: A DDA must be approved by a positive vote of "qualified electors" within the defined DDA area. "Qualified elector" means a resident, a landowner, or a lessee as said terms are defined in this section. Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector. "Resident" means one who is a citizen of the United States and a resident of the state of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district. Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for stakeholder outreach and input. FORMATION PROCESS: 1. Initial data collection, including collection of sample DDA plans and ordinances from other communities [October through December] 2. Draft of DDA plan, prepare draft ordinance and related documents [November and December] 3. Review DDA with Avon Finance Committee on November 9, 2022 4. Stakeholder outreach: Community meetings targeted to residents, property owners and business lessees in the proposed DDA area would be conducted. [January] 5. Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA to special election of eligible electors: [February and March] 6. Schedule special election for formation [June 6, 2022] Page 2 of 3 7. The DDA Board appoints the following positions, subject to approval of Avon Council, Director, Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the Town Manager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority. 8. DDA Board adopts budget, which is subject to approval by Avon Council. [June or July] 9. DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Any development projects, property acquisition or disposal, or expenditures would be subject to review and approval of the Avon Council. The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and all powers under home rule authority. RECOMMENDATION: I recommend Council give direction to proceed with the formation process as outlined in this report. Thank you, Eric ATTACHMENT A: Karl Hanlon DDA Memorandum 3 CRS §31-25-803 Page 3 of 3 ATTACHMENT A: DDA Legal Memo Karp_Neu_HAanlon. www.mountamlaw0nn.com Glenwood Sorznes—Mom alfice Ascen Monerom Office: 970.945.2261 201 14m Stnal, State 2(0 323 W. Main Street 1544 Oxbow Drive Fax 970.945.7B6 P. O. Drawer 2IX40 Suile 301 Sulle 224 'D/rectManto Gtemrood Sprines Glenwood Springs, GO 81602 Aspen, CO 81611 Mendelson CO 81402 DATE: September 27, 2022 TO: Eric Heil, Avon Town Manager FROM: Karp Neu Hanlon, P.C. RE: Downtown Development Authority Sources and Uses A Downtown Development Authority ("DDA") is a creature of state statute, with the purposes of promoting the general welfare, halting deterioration and blight, and assisting municipalities with redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the City, which has only two roles in the DDA's functioning: 1) appointment of the board, and 2) approval of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District (URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached which highlights some of the differences between the two types of entities. In reviewing the two statutes there is nothing that prevents both from coexisting over the same area. DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy on properties within the DDA boundary. This is assessed by the City, and subject to approval by the voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The second mechanism is Tax Increment Financing ("TIF"), which is a form of public funding that allows for the issuance of municipal bonds to raise money for public improvements. A TIE involves the distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)1: [A TIF] is accomplished by first establishing a base amount upon which the various taxing authorities assess and collect their levies. This base amount is determined by assessing the value of the properly within the urban renewal area prior to adoption of the urban renewal plan. Thereafter, the properly is reassessed in subsequent years for tax purposes in the hopes that the urban renewal plan has increased its value. After all levies are assessed and collected on the subsequent valuation, any incremental increase in the base amount is deemed the result of the While this rase involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S. § 31-25-807(3)(a) and C.R.S. § 31-25-107 (9) (a). ATTACHMENT A: DDA Legal Memo Karp_Neu_H�anlYanw Downtown Development Authority Sources and Uses Page 2 urban redevelopment efforts by the municipality and is distributed to the urban renewal authority. A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can additionally collect revenues from grants and partnerships. The source of revenues also determines how those funds may be used. Both revenue streams may go towards the financing of public improvements within the DDA boundary, such as fagade, landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider variety of additional DDA operating purposes, business incentives, and marketing. On the other hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements. Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected the revenue in the first place. DDAs are useful tools to facilitate development within a geographically distinct area. While there are several ways to raise revenue for the DDA, the source of money dictates how it may be used. In no case, however, may that revenue go towards general operations of the sponsoring municipality, unless all indebtedness has been paid and there is a TIF revenue surplus. The Town has several specific questions regarding the use of a DDA and TIF revenues that are addressed below: 1. When can the TIF be implemented? A TIF is implemented through the initial adoption of the plan of development or at any later date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of development may be modified to include the implementation of a TIF. The statute provides: Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this section, any such plan of development as originally adopted by the board or as later modified pursuant to this part 8 may, after approval by the governing body of the municipality, contain a provision that taxes, if any, levied after the effective date of the approval of such plan of development by said governing body upon taxable property within the boundaries of the plan of development area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any public body shall be divided for a period not to exceed thirty years or such longer period as provided for in subsection (3)(a)(IV) of this section after the effective date of approval by said governing body of such a provision[.] ATTACHMENT A: DDA Legal Memo Karp_Neu_H�anlYanw Downtown Development Authority Sources and Uses Page 3 2. Can DDA funds can be used for Community Housing, recreation improvements (including park properties in the Village (at Avon), constructing a new post office to lease to USPS to assist with relocation, and early childhood education? Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 3. Can DDA funds be used for road and utility extensions (which would be used to substitute some of the Town's tax credit obligations for infrastructure) Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 4. Can Avon claim that it's Central Business Core is the valley floor from Lake Street/Avon Recreation Center all the way to Planning Area Jwhere the Wagon Wheel Road cul-du- sac and utility extensions have been installed? While there is no specific case law regarding courts have been generally deferential to both legislative determinations and voter approvals. In the case of a DDA both occur in that the Council will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be approved by the voters. 5. What is the total time period that a TIF can be effective? There is time limit on the TIF of 30 years from the date it is first implemented either in the original plan of development or a modification of that plan with the option of extending for another 20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20-year extension 50% of the TIF must be paid to the affected taxing entities, id. 6. Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a portion of TIF? Like Fire District and Ambulance District and Village Metro District which is imposing a property tax to raise funds for the Village finances. Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31- 25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing in the statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIF revenues. 7. Can DDA funds be used for staff? TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31- 25-807, and § 31-25-815. TO: Honorable Mayor Amy Phillips and Council Members FROM: Justin Hildreth, Town Engineer avon Eric Heil, Town Manager RE: Work Session C o L o H A D o Notice of Award — East Park Improvements and North Restrooms Harry A. Nottinghmam Park DATE: February 9, 2022 SUMMARY: This report presents to Council the bids for the East Park Improvements and North Restrooms in Harry A. Nottingham Park. Staff is also presenting options for responding to the bids for the East Park Improvements and North Restroom Projects in Harry A. Nottingham Park. Due to the significant gap between bid amounts and the estimated budget amount, Council may want to conduct multiple work sessions before providing direction on how best to proceed. BIDS: The project was previously bid in June, 2022; however, no bids were received by the bid deadline of July 19, 2022. The projects were rebid on November 3, 2022 by posting on bidnetdirect.com and by advertising in the Vail Daily every Thursday for 3-weeks. Two years ago, the Town starting posting bid opportunities on the bidnetdirect.com procurement website used by local governments in Colorado. The website is free to the Town and contractors and allows for tracking of contractors that download the bid documents. One hundred and one (101) Contractors downloaded the bid documents from bidnetdirect.com. The bid deadline was January 25, 2023. One bid was received from A.D. Miller Services Inc. in the amount of $8,516,384.26 for the East Park Improvements and $2,952,250.54 for the North Restrooms. The estimated total cost for the East Park Restrooms is $10,460,535, which is $7,610,535 more than the $2,850,000 budget for this project. The estimated total cost for the North Restroom Improvements is $3,497,610 which is $2,957,610 more than the $540,000 budget for this project. TOWN MANAGER RECOMMENDATION: I recommend that Council reject the bid because it is substantially over the independent cost estimate and will significantly impact the 5-year Capital Improvements Project plan. I further recommend that Council schedule a series of work sessions to determine priority of East and North restrooms along with other large cost capital improvement projects and explore options for design and financing. Specifically, I believe it is appropriate and worthwhile to consider (1) a reduction and redesign of the East Restrooms to meet the capacity of the existing sewer line, (2) the size of restrooms to coincide with a long-range vision of special events at the Avon Pavilion, and (3) whether the East Restrooms or North Restrooms are a higher priority. I would also encourage consideration to proceed with contouring the old town hall site area, installing grass, irrigation, trees and picnic tables and replacing the seating wall, so that this becomes usable park space in the near term. OPTIONS FOR EAST PARK IMPROVEMENTS: Note: Options for redesign will have to go back to Planning and Zoning Commision for review and recommendation. If Council decides to move forward with the 2 projects, Staff can review and present options for financing and use of existing reserves that exceed the existing budget. (1) Reject the Notice of Award, leave site in current condition, and take no further action at this time. 970-748-4045 JHildreth@avon.org (2) Reject the Notice of Award and proceed with site contouring, installing grass, trees and picnic tables, and reconstruct the seating wall. This option would result in creating additional park space adjacent to the main field. Estimated cost is $500,000 to $750,000 depending on the final design plan. (3) Redesign the East Restroom building and start construction later this year or in 2024. (4) Issue Notice of Award for the East Park Improvements as designed and develop a financing plan for the construction budget. OPTIONS FOR THE NORTH PARK RESTROOMS: (1) Reject the Notice of Award for the North Restrooms and take no action at this time. (2) Redesign the North Restroom building and start construction later this year or in 2024. (3) Issue Notice of Award for the North Restrooms and update Capital Improvements Project Budget, which will include re-pnontizing and deferring other projects. SITE LOCATON MAP: East Park Improvements and North Restrooms 970-748-4045 JH!Idreth@avon.org DISCUSSION: The East Park Improvements is a redevelopment of the former Town Hall site and consists of a 41-stall restroom building, consession stand, park plaza, seating wall, picnic area, undergrounding electric power lines and relocating electrical infrastructure. The former Town Hall was demolished in 2021 and the site currently is graded from the park recreation trail down to the south parking lot. The site was reseeded with native grass vegetation in 2022 and the electrical infrastructure remains on the northeast comer of the site. The East Park Improvements were designed in 2021 and approved by Council in January 2022. The site plan and rendering of the approved project are included in Attachment A. PHOTO: RESTROOM BULDING PROPOSED FOR EAST PARK IMPROVEMENTS 970-748-4045 JH!Idreth@avon.org The project also incorporated new restrooms on the north side of the park to serve the beach and volley ball courts. The north restrooms consists of a 6-stall restroom facility, utility connections from West Beaver Creek Blvd, new pads entrance that meets Americans with Disability Act (ADA) requirements and parking lot improvements. The existing north park entrance does not meet current ADA requirements and construction of the restrooms requires the entrance be upgraded. PHOTO: NORTH RESTROOMS Zehron and Associates, Inc. is the project architect and prepared the final construction documents. The project was advertised for bid on June 16, 2022, with bids due on July 19�, 2022. No bids were submitted at that time. Interested General Contractor's including RA Nelson and Farrington Construction, were not able to submit bids because the subcontractors were already booked for the year and not available. The construction environment in 2022 was severely impacted by COVID and the dramatic increased interest in construction in Colorado. We subsequently requested Venneulens, an independent professional cost estimater, to develop construction costs for the projects (ATTACHMENT C). Venneulens completed the estimate on September 2, 2022 and is summarized below: TABLE 1: VERMEULENS INDPENDENT COST ESTIMATE East Palk Improvements North Restrooms Site Work $ 2,799,027 $ 787,080 Building $ 4,180,495 $ 949,635 TOTAL $ 6,979,522 $ 1,736,715 970-7484045 JHildreth@avon.org The projects were advertised for bid again on November 3, 2022, and bids were due on January 25, 2023. Two bids were received from MW Golden and A.D. Miller Serivices, Inc. (A.D. Miller). MW Golden withdrew their bid stating the sub -contractors were not aware that the Town might not move forward with both projects although we were clear of the stipulation during the bid process. A.D. Miller is the only general contractor that submitted an acceptable bid of $8,516,384.26 for the East Improvements and $2,952,250.54 for the North Restrooms (Attachment D). A.D. Miller is a qualified contractor based in Denver, Colorado and has successfully worked on projects in mountain communities including Frisco, Glenwood Springs and Vail. A.D. Miller's Project portfolio is included as Attachment E. The majority of the subcontractors are based in the Eagle Valley including surveyors, excavation, concrete, masonry, stucco, roofing, drywall, framing, painting, plumbing, HVAC electrical, paving and landscaping.. The East Park Improvements Project bid is 22% higher than the independent cost estimate and the North Restrooms Project bid is 70% higher than the independent cost estimate. PROJECT BUDGET: The Capital Improvements Program Budget currently includes $2,850,000 for the East Improvements and $540,000 for the North Restrooms. The required project budget for the East Improvements is $10,460,535 as summarized inTable 2 and $3,497,610 for the North Restrooms as summarized in Table 3. 970-748-4045 JHildreth@avon.org Table 2: East Park Improvements, Harry A. Nottingham Park Project Budget Construction Costs $ 8,516,384 Design Fees $ 210,590 Construction Administration $ 15,000 Holy Cross Energy — Electrical Infrastructure $ 70,000 Information Technology $ 30,000 Fiber Connection $ 35,000 Access Control/Security $ 30,000 Solar Photovoltaic Panels $ 64,847 Tap Fees Sewer Plant Investment $ 284,732 Water Infrastructure Fee $ 242,804 Avon Water Tap Fee $ 92,000 Connection Fee $ 2,539 Menu Screens in Concession Area $ 15,000 Sub Total $ 9,608,896 Contingency 10% $ 851,638 Required Budget $ 10,460,535 Current Budget $ 2,850,000 Shortfall $ 7,610,535 970-748-4045 JHildreth@avon.org Table 3: North Restrooms, Harry A. Nottingham Park Project Budget Construction Costs $ 2,952,251 Design Fees $ 36,950 Construction Administration $ 15,000 Information Technology $ 20,000 Access Control/Security $ 20,000 Tap Fees Sewer Plant Investment $ 71,802 Water Infrastructure Fee $ 61,224 Avon Water Tap Fee $ 23,200 Connection Fee $ 1,958 SubTotal $ 3,202,385 Contingency 10% $ 295,225 Proposed Budget $ 3,497,610 Current Budget $ 540,000 Shortfall $ 2,957,610 SCHEDULE: The construction performance period is approximately 14-months from issuance of a Notice of Award by the Town. If Council authorizes issuance of Notice of Award, the project is scheduled to begin on April 1, 2023, and be completed on May 30, 2024. Liquidated damages for failure to complete the work by May 30t", 2024 is $7,800 per day and will double to $15,600 per day after June 30t", 2024. PROJECT OPTIONS FOR EAST PARK IMPROVEMENTS There are four options that Council can direct Staff to move forward with on the East Park Improvement project: (1) Reject Notice of Award and leave site in current condition. The site was graded out and seeded with native grasses last fall as shown in the photo. Leaving the site in its current condition will allow Council time to develop a revised program for the site in the near future while minimizaing expenditure of funds. 970-748-4045 JHildreth@avon.org PHOTO: East Park Improvement Site After Seeding in November. (2) Reject Notice of Award and Mimimally Improve east site until Council decides on a new development plan. A new site plan can be developed that imports soil and grades the site at a 2% cross slope facing the athletic field. This will allow the area to be used by field spectators and park users in the interim. The scope will only include elements that will not be impacted by construction of restrooms in the future. Improvements could include the seating wall, undergrounding powedines which can be paid from Holy Cross Community Enhancement Funds, and gravel paths. The undergroundiing of the electrical power lines is estimated to cost $160,000 including Holy Cross Energy expenses. Relocating the electrical transformer and control panel is not recommended because the electrical infrastructure is included in the restroom building. Utility work is not recommended because a new design will impact their size and location and the building foundation excavation will damage the utilities. If Council requests this direction, Staff will develop a site plan and return for Design Review approval. It will cost approximately $5,000 to $10,000 to design the site plan and take 2-months. Estimated cost is $500,000 to $750,000 depending on the final design plan. (3) Redesign the East Restroom, Develop Budget, Rebid Project. The Restroom building costs $5,103,000 and consists of 41 restroom stalls and a concession stand. A smaller facility could 970-748-4045 JHildreth@avon.org eleiminate the need to replace the sewer line under the railroad tracks, reducing site costs. Depending on the size of the smaller facility, the project costs can be reduced $1,000,000 to $3,000,0000. Additional cost savings can be obtained by simplifying the building, removing concessions and reducing the plaza features. It will cost approximately $10,000 to redesign the facility and 3 months. The redesign would be presented to the Planning and Zoning Commission and Town Council for Design Review Approval. (4) Issue Notice of Award for the East Park Improvements as designed and have Staff develop funding options for the project. PROJECT OPTIONS FOR NORTH RESTROONIS There are 3 options that Town Council can direct Staff to move forward with on the North Restroom Project. (1) Reject the Notice of Award and leave the site in the current condition. Park users will continue to use the portable toilets located near the fishing pier and volleyball courts. The portable toilets can be screened to match the west courts portable toilet enclosure. PHOTO: PORTABLE TOILET SCREENING NEAR PICKLEBALL COURTS (2) Redesign the North Restroom building and construct later this year or in 2024. The restroom building can be simplified to a 2-stall concrete masonary building or a prefabricated structure without a shower, stone venner, and grass roof. The current building costs $2,030,024 and can be potentially reduced by 50%. There are few oppurtunities to reduce site work because of the utility extensions and ADA requirements. (3) Issue the Notice of Award for the North Restrooms as designed and have Staff develop funding options for the project. 970-748-4045 JHildreth@avon.org PROPOSED MOTION: If Council chooses to move forward with the project as designed and accept the A.D. Miller Services bid: "I move to accept the bid from A.D. Miller Serivices, Inc. in the amount of $11,468,634., amend the Capital Projects Fund Budget for the East Park Improvement Project to $10,460,535 and the North Restroom Project to $3,497,610 and have Staff present financing options to Council." If Council chooses to either not move forward with project or redesign the project, the motion should be: "I move to Reject bid from A.D. Miller Services, Inc." Thank you, Justin and Eric Attachment A: East Park Improvements Development Plan Attachment B: North Restrooms Development Plan Attachment C: Vermeulens Independent Cost Estimate Attachment D: A.D. Miller Services, Inc. Bid for the East Park Improvements and North Restrooms Attachment E: A.D. Miller Portfolio 970-748-4045 JHildreth@avon.org vi + i 1 f I S RM f ANHOLE RIM LEV4ATI0N - 7433.4 1s I 18" �VC INVERT (NE) 7429.1 J EE I f 24" & INVERT (S) = 7427.7 ! f1 I Al& EyR `� I 12" ClINVERT (NW) = 7429.5 - 1 f + v y STORM MANHOLE / J e sy.R RIM ELEVATION - 7433.9 _ ph 18" PVC INVERT (SW) = 7429.7 / j �yR 1 12" PVC INVERT (E) = 7429.7 6 � R 4" PVC INVERT (NW) = 7431,5 � iRR 4 PVC INVERT (N) = 7430.4 NEW SEAT WALL XERISCAPE GARDEN ' TRACT G s ti --^- �- �29 ��' GATE ` ` ��s � ROOF LINE l N i PH'�3` , �� ' + - -_ - a +a , CONCESSIONS ADDITION t RR 1cyR \ ORNAMENTAL AND XER SCAPE GARDEN \ CPO EAT WALL 7��5 ADA RAMP �y ❑ R t ! 437.5 W1 HANDRAILS � �yRc Z_ t � \ r�yR L ��.. 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Box 1976 - Avon, Colorado 81620 (970) 949-0257 FAX (970) 949-1080 Copyright 9 2021 by Zehren &Associates Inc. a 0212874.0 8/03/2021 SO x E _, E X ATTACHMENT x x x x x l'A?KWG LOT x STONE �Qs2 STEPS STONE �BOULDER x RETAINING FOOT & WALL RETAINING EQUIPMENT x WALL WASH x x x STATION x x RAILI x xx \ nr y J\ K X SYMBOL LEGEND x I e CONCRETE 74 ❑ 2925.862 SF PROPOSED - x CRUSHED GRAVEL PATHWAY 85.765 SF ERR] i I FOOT AND EQUIPMENT WASH STATION x 28 SF EXISTING <Ile EVERGREENS TO REMAIN T I • BOULDER RETAINING WALLS QTY-67 Yx \g x \ II 0 5' 10' 20' SCALE: 1" = 10' UO Zw — F- .- o Lu CJ w W ce Z) _ b �$ U5E A Oa= U w E_ c U LL �m Qw w ro - U Z am w C N = F Q N G W W ®a e,Z e N o O VJ q . 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O � ")UO 7 m YD L 0° xo a �ma' wdo wN aa� QQ N >_ H V Vf SEAL .y Q z O U Z c 0 . 0 ® V) ¢ N s� U ISSUED FOR: No. DATE COMMENT A %g7tl021 SCHD TICDESK:N EXTERIOR ELEVATIONS PROJECT No. DATE 212874.00 08/03/2021 DRAWN BY CHK BY TRV BY SHEET No. A2.1 SCALE: AS SHOWN E x Kx x x U Q ATTACHMENT B n X x xx X x XX X x PARKING LOT '464 y X X x X X X STONE �4s? x X x STEPS STONE BOULDER x ^S RETAINING FOOT It WALL RETAINING EQUIPMENT x xXx x x X WALL WASH X x X x X x x STATION x X X v x x X x RAILI xz 8.5 ^ x x 8 8.30 6 6 .19 x i5'Ttis" x X x .� X X X 0.) - Bi .91x x x x x 57 / a x O :t J OJl �456 x 8 3�j o s�. 4 a�M a5A x o X x I �/ J `/J EXIS ING x 0 ATH Y a j RESTROOMS �a5� RKR I� X x x 0 TE'RNATE N-ADA 51 5 PA x x 50 51 ` 5D/ 52 0 5'-0" 00 PROPOSED 4 PATHWAY x X x 9 x FIR Rl / / I So x ^ X co EXISTING x EVERGREENS- ; X 4q6 "4"'" ^ TO REMAIN T X X ^ X X x 7.5X ^ 4 X \ X (nO 7 \� �U x x x 46 ., 0 5' 10' 20' SCALE: 1" = 10' X Uo Zw — z WZ� N _eQ ~Z��- Oe ¢Z�V Ug� m� A$ OaU NoeK Q 7 w m V o G e$ Z ZUZ ama w 9Sc1 (S(�� Q Q�, N v C W Z W 0 N n0 0p nzoo O Al T h O map Y O W �o ^ ^ N m O mE N WOE J 5 C v SEAL 2 O Z O o loo O0 O _ U V c ° Z w O Z SSUED FOR No. DATE COMMENT GRADING PLAN PROJECT No. DATE 212874 09/30/2021 DRAWN BY NT CHK BY PC TRV BY PC SHEET No. L 1 2 SCALE: AS SHOWN X x x x M G ATTACHMENT B x n x x X x X)( X x x PARKING SOT /464 x x x xx x STONE 'Qs2 x x x x STEPS STONE x L RETAINING 1 BOULDER RETAININGFOOT & = WALL EQUIPMENT x "xx x x x �x WALL x �� x x WASH x i Y. x x STATION x x x X X RAILI xX 58.5 x x 8 � 8 3° 6 6 19 I ' X 5.1 �6. 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TO REMAIN g - x fx v- r ...x-------- g \ \ 7.5x x x V x 7 x x x 46 \ X 3 QTY-9 SPRUCE QTY-1 LEMON LACE ELDERBERRY O QTY-7 DWARF BLUE SPRUCE =?w`= AMUR MAPLE '/iaiF` QTY - 5 QTY-3 BARBERRY QTY-6 CRAB APPLE QTY - 3 RUSSIAN SAGE QTY - 27 PERENNIALS ORNAMENTAL GRASSES FEATHER REED GRASS PERENNIALS ® QTY -45 816.029 SF O BLUE OAT GRASS QTY -48 0 5' 10, 20' SCALE: 1" = 10' U0 Zw — z - vi 1 9 Lu U w Z � _ C Qzu b � UgW N 0 CL U W E _ c LL Q= W �a 0 ro - z amm N = F QmomC s Oo N m G W W Z Lu N n O O mm V) q V O 8 2 O O >U� Y p ua' IID^ m X � v O G vat N G 5 of SEAL FIIIIIIIIIII O un Z L O o -too L Q 0 0 U V C ° Z w^' ce O Z ISSUED FOR: Nm DATE COMMENT PLANTING PLAN PROJECT Nx DATE 212874 09/30/2021 DRAWN BY CHKBY TRYBY NT PC PC SHEET Na L 1 4 SCML. AS SHOWN 51-00 22'-2'/2" i90 l t 1 O,e e,OROOF N� L— ABOVE a Mt J F; OJ0 F; +54.0' T/O . . T/O FIF �h JANITOR//CHANGING �e MECHANICALROOM J� 0 Oi� I ♦ �I I 4 -I --1 2z-2+r2" I &.Sir I I MAIN LEVEL FLOOR PLAN A1.1 1/4" = 1'-O" 0 z 4' T SCALE: 1/4" = 1'-0" 107 C.J o ZLU —F- z WZf ~z o� ¢z �N U �_ Ao oa U cm °xx ce ce N LL V o J Q= W GCL02 �o = 0 �.. / Z z _ m 0 W C H W QaS��� W w z Lou 0 N M O � M m O h A Q . O � ")UO m Y O L 0° a xO wOo r; >_ne V Vf SEAL V o� ro � o o = U � 0 0 ® V) ¢ N s� U ISSUED FOR: No. DATE COMMENT A S%Vt= SCHDMTICDESK:N MAIN LEVEL FLOOR PLAN PROJECT No. DATE 212874.00 08/03/2021 DRAWN BY CHK BY TRV BY SHEET No. Al A SCALE: AS SHOWN 51-00 2z-2Yz" 4 �F - _ I I` — — WALL 1 � � — BELOW c r, J, ul lu IL II 1I I SEDUM ROOF ILL_. 40 2z-2Y27 1 B.$,. t X' X I ROOF PLAN AI '1.4 1/4' = T 0' 0 z 4• T SCALE: 1/4" = 1'-0" 107 C.J o Zw z WZf Z) O Z ¢z A �N U �_ Ao � CL , U cm °xx ce ce N LL V o J Q= W CL �o 02 =p_m Z �) Z o+ W C H W < Sao W w z Lou N M O � M m O h A Q . O � ")UO m Y O L 0° a xO wdo w N aa� r V >_ne V V~i SEAL p ) c O z �� o= U Z c 0 . 0 ® V) ¢ N s� U ISSUED FOR: No. DATE COMMENT A %g7tl021 SCHD TICDESK:N ROOF PLAN PROJECT No. DATE 212874.00 08/03/2021 DRAWN BY CHK BY TRV BY SHEET No. A1.4 SCALE: AS SHOWN ATTACHMENT C V E R M E U L E N 5 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents LEVEL 2 ELEMENTAL SUMMARY GROSS FLOOR AREA $/sf Element $ % 3,343 sf 01 North Park $/sf 615 02 East Park $/sf 2,728 Al SUBSTRUCTURE 85.17 284,739 3% 68.30 42,002 88.98 242,736 A2 STRUCTURE 84.28 281,744 3% 70.58 43,408I 87.37 238,336 A3 ENCLOSURE 287.41 960,808 11% 371.05 228,1951 268.55 732,613 131 PARTITIONS & DOORS 55.04 184,004 2% 27.11 16,670I 61.34 167,334 B2 FINISHES 58.17 194,459 2% 65.23 40,114 56.58 154,346 B3 FITTINGS & EQUIPMENT 74.60 249,400 3% 47.41 29,160 80.73 220,240 C1 MECHANICAL 218.62 730,841 8% 182.08 111,981 226.85 618,860 C2 ELECTRICAL 141.23 472,121 5% 165.48 101,773 135.76 370,348 D1 SITE WORK 825.17 2,758,543 32% 984.46 605,446 789.26 2,153,098 DIRECT CONSTRUCTION COST 1,829.69 6,116,658 70% 1,981.70 1,218,748 1,795.42 4,897,910 Z1 GENERAL REQUIREMENTS 301.90 1,009,249 12% 326.98 201,0931 296.24 808,155 Z2 CONTINGENCIES 475.72 1,590,331 18% 515.24 316,874 466.81 1,273,457 Z3 OTHER COSTS 0.00 0 1 0.00 0 0.00 0 TOTAL CONSTRUCTION COST 2,607.31 8,716,237 100% 2,823.93 1,736,715 2,558.48 6,979,522 Estimate Date: 2022-08-23 Printed:22:45 2022-09-02 L2.1 V VERMEULENS LEVEL 3 ELEMENTAL SUMMARY GROSS FLOOR AREA Al SUBSTRUCTURE All Foundations Al2 Building Excavation A2STRUCTURE A21 Lowest Floor Structure A22 Upper Floor Structure A23 Roof Structure A3ENCLOSURE A32 Walls Above Grade A33 Windows & Entrances A34 Roof Covering A35 Projections B1 PARTITIONS & DOORS B11 Partitions B12 Doors B2 FINISHES B21 Floor Finishes B22 Ceiling Finishes B23 Wall Finishes B3 FITTINGS & EQUIPMENT B31 Fittings B32 Equipment Cl MECHANICAL C11 Plumbing & Drainage C12 Fire Protection C13 HVAC C14 Controls ATTACHMENT C 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents $/sf Element $ % 74.11 247,750 11.06 36,989 14.90 49,798 2.75 9,193 66.63 222,752 138.01 461,379 16.33 54,585 98.97 330,864 34.10 113,980 51.27 171,404 3.77 12,600 12.55 41,946 7.74 25,861 37.89 126,653 55.16 184,400 19.44 65,000 141.01 471,383 0.00 0 48.79 163,108 28.82 96,350 01 North Park $/sf 615 48.87 30,054 19.43 11,948 10.00 6,150 2.75 1,691 57.83 35,566 221.52 136,235 24.39 15,000 99.53 61,210 25.61 15,750 27.11 16,670 0.00 0 13.54 8,328 7.57 4,654 44.12 27,132 47.41 29,160 0.00 0 138.45 85,147 0.00 0 21.44 13,184 22.20 13,650 02 East Park $/sf 2,728 79.80 217,696 9.18 25,040 16.00 43,648 2.75 7,502 68.62 187,186 119.19 325,144 14.51 39,585 98.85 269,654 36.01 98,230 56.72 154,734 4.62 12,600 12.32 33,618 7.77 21,207 36.48 99,521 56.91 155,240 23.83 65,000 141.58 386,236 0.00 0 54.96 149,924 30.32 82,700 Estimate Date: 2022-08-23 Printed:22:46 2022-09-02 L3.2 ATTACHMENT C `� VERMEULENS LEVEL 3 ELEMENTAL SUMMARY GROSS FLOOR AREA C2 ELECTRICAL C21 Service & Distribution C22 Lighting & Devices C23 Systems D1 SITE WORK D11 Site Development D12 Mechanical Site Services D13 Electrical Site Services DIRECT CONSTRUCTION COST Z1 GENERAL REQUIREMENTS Z11 General Requirements Z12 Fee Z2 CONTINGENCIES Z21 Design Contingency Z22 Escalation Contingency Z23 Construction Contingency Z3 OTHER COSTS Z31 Other Costs TOTAL CONSTRUCTION COST 22325 Version 01 Nottingham Park North and East Restrooms 100%Construction Documents $/sf Element $ % 01 North Park 02 East Park sf 615 gf 2,728 64.12 214,360 109.51 67,350 53.89 147,010 70.92 237,099 47.81 29,404 76.13 207,695 6.18 20,662 8.16 5,019 5.73 15,643 612.04 2,04Q063 771A 474,636 576.04 1,571,428 38.90 130,W 65.91 10,535 32.81 89,505 174.23 582,440 14.79 90,275 180.41 492,165 1,981.70 1,218,748 1,795.42 4,897,910 219.56 733,999 12.0% 237.80 146,250 215.45 587,749 82.34 275,250 4.5% 89.18 54,844 80.79 220,406 36.59 122,333 2.0% 39.63 384.24 1,284,498 21.0% 416.16 1 54.89 183,500 3.0% 59.45 35.91 97,958 For Charger Orders 377.04 1,028,561 53.86 14 937 0.00 0 0.0% 1 o.o0 01 0.00 a Estimate Date: 2022-08-23 Printed: 22.46 2022-09-02 L3.3 ATTACHMENT C I VERMEULEN5 ELEMENTAL ESTIMATE Description GROSS FLOOR AREA Ground Level TOTAL GROSS FLOOR AREA REPORT NOTES 22325 Version 01 100% Construction Documents Quantity 3,343 sf 3,343 sf Nottingham Park North and East Restrooms 01 North Park Quantity 02 East Park Quantity 2,728 2,728 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 EA ATTACHMENT C VERMEULEN5 I ELEMENTAL ESTIMATE Description All Foundations Foundations micropiles 6 , 35 no, 30' d allow grade beams 1.3x4' avg, 25 plf, 335 If pile caps 5x3.8x2' avg, 75 pcy, 13 no strip footings 1.5xl' avg, 10 plf, 139 If foundation walls 8 , 1.5 psf, 408 sf waterproofing/insulation/drain board foundation details, misc Subtotal Foundations Total All Foundations Al2 Building Excavation Earthwork excavation foundation 4' d over excavation 4' d stockpile backfill granular excavation misc Subtotal Earthwork Total Al2 Building Excavation TOTAL Al SUBSTRUCTURE 22325 Version 01 100% Construction Documents Trade Quantity Rate $ 1,050If 120.00 126,000 63 cy 800.00 50,400 18 cy 800.00 14,400 8 cy 900.00 7,200 10 cy 1,500.00 15,096 1,748 sf 16.00 27,968 + 3,343 sf 2.00 6,686 3,343 sf 74.11 247,750 3,343 sf 74.11 247,750 + 495 cy + cy 586 cy 497 cy 7,000 Is 495 cy 3,343 sf 13.00 6,438 13.00 1,184 11.00 6,450 32.00 15,916 1.00 7,000 74.69 36,989 11.06 36,989 Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 0 8 7,200 10 15,096 408 6,528 615 1,230 615 30,054 48.87 30,054 1,050 126,000 63 50,400 18 14,400 0 0 1,340 21,440 2,728 5,456 2,728 217,696 79.80 217,696 91 1,184 404 5,254 91 0 182 2,004 404 4,446 174 5,575 323 10,341 2,000 2,000 5,000 5,000 182 11,948 404 25,040 19.43 11,9481 9.18 25,040 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.5 V E R M E U L E N S 22325 Version 01 100% Construction Documents ELEMENTAL ESTIMATE Description Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms A2 STRUCTURE A21 Lowest Floor Structure On Grade slab on grade 8 , mesh, 3psf, vapor + 2,728 sf 14.00 38,192 barrier slab on grade 4 mesh, vapor barrier + 615 sf 8.00 4,920 pits, pads, slopes, details 3,343 sf 2.00 6,686 Subtotal On Grade 3,343 sf 14.90 49,798 Total A21 Lowest Floor Structure 3,343 sf 14.90 49,798 A22 Upper Floor Structure Stairs, Miscellaneous metals misc + 3,343 sf 2.00 6,686 safing, sealing 3,343 sf 0.75 2,507 Subtotal Stairs, Miscellaneous 3,343 sf 2.75 9,193 Total A22 Upper Floor Structure 3,343 sf 2.75 9,193 A23 Roof Structure Roof Structure block walls extra for bearing 1,027 sf 5.00 5,135 steel beams, columns 9 ton 10,000.00 90,000 wood ply 0.6 + 5,552 sf 6.00 33,312 wood TY 360joists 13.5 avg, 3,6141f 3,448 bf 25.00 86,205 wood Iv1 beams, 1.75 x 13 , 1731f 324 of 25.00 8,100 Subtotal Roof Structure 5,552 sf 40.12 222,752 Total A23 Roof Structure 3,343 sf 66.63 222,752 TOTAL A2 STRUCTURE 01 North Park 02 East Park Quantity $ Quantity $ 01 2,728 38,192 615 4,920 0 615 1,230 2,728 5,456 615 6,150 2,728 43,648 10.00 6,1501 16.00 43,648 615 615 615 2.75 461 1,691 1,691 2,728 5,456 2,728 2,046 2,728 7,502 2.75 7,502 131 655 896 4,480 1 10,000 8 80,000 930 5,580 4,622 27,732 653 16,331 2,795 69,874 120 3,000 204 5,100 930 35,566 4,622 187,186 57.83 35,5661 68.62 187,186 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.6 VERMEULENS ELEMENTAL ESTIMATE Description 22325 Version 01 100% Construction Documents Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ A3ENCLOSURE I I A32 Walls Above Grade Cladding stucco + 257 sf 25.00 6,425 0 257 6,425 metal panel + 57 sf 60.00 3,420 30 1,800 27 1,620 stone panel + 2,176 sf 70.00 152,320 383 26,810 1,793 125,510 cedar rough sawn channel siding + 1,235 sf 60.00 74,100 653 39,180 582 34,920 below grade, see foundations + 433 sf 0.00 0 231 0 202 0 Subtotal Cladding 4,158 sf 56.82 236,265 1,297 67,790 2,861 168,475 Backup block, 8 + 4,158 sf 32.00 133,056 1,297 41,504 2,861 91,552 blocking 4,158 sf 2.00 8,316 1,297 2,594 2,861 5,722 vapor barrier/sealing/insulation 4,158 sf 13.00 54,054 1,297 16,861 2,861 37,193 extra layer vapor barrier 2,176 sf 6.00 13,056 383 2,298 1,793 10,758 furring 4,158 sf 4.00 16,632 1,297 5,188 2,861 11,444 Subtotal Backup 4,158 sf 54.14 225,114 1,297 68,445 2,861 156,669 Total A32 Walls Above Grade 3,343 sf 138.01 461,379 221.52 136,235 119.19 325,144 A33 Windows & Entrances Windows windows + 43 sf 100.00 4,300 11 1,100 32 3,200 louvers + 43 sf 95.00 4,085 0 43 4,085 overhead entrance, 1no + 82 sf 75.00 6,150 82 6,150 coiling counter entrance, 3no + 110 sf 75.00 8,250 110 8,250 Subtotal Windows 278 sf 81.96 22,785 11 1,100 267 21,685 Entrances hollow metal 7 no 2,500.00 17,500 2 5,000 5 12,500 metal with wood infill 1 no 3,500.00 3,500 1 3,500 0 auto -openers, allow 2 no 5,400.00 10,800 1 5,400 1 5,400 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.7 V, VERMEULEN5 ELEMENTAL ESTIMATE Description Subtotal Entrances Total A33 Windows & Entrances A34 Roof Covering Roofing standing seam metal membrane cold applied extra for sedum green roof, drainage panel, soil, plantings extra for batt flashing, accessories Subtotal Roofing Total A34 Roof Covering A35 Projections Projections - Area Based soffit cedar t&g Subtotal Projections - Area Based Projections - Linear gutters/downspouts rain chain Subtotal Projections - Linear Total A35 Projections TOTAL A3 ENCLOSURE 22325 Version 01 100% Construction Documents Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 8 no 3,975.00 31,800 3,343 sf 16.33 54,585 + 3,149 sf + 2,479 sf 2,096 sf 3,840 sf 5,628 sf 5,628 sf 3,343 sf + 2,209 sf 2,209 sf 124 If 21 If 3,343 sf 35.00 110,2 23.00 57,( 60.00 125,7 4.00 15,3 4.00 22,E 58.79 330,8 98.97 330,8 50.00 110,4 50.00 110,4 20.00 2,4 50.00 1,0 3,5 34.10 113,9 3 13,900 24.39 15,000 942 21, 559 33,. 559 2„ 942 3, 942 61, 99.53 61, 315 15, 315 15, 0 25.61 15, 5 17,900 14.51 39,585 3,149 110,215 1,537 35,351 1,537 92,220 3,281 13,124 4,686 18,744 4,686 269,654 98.85 269,654 1,894 94,700 1,894 94,700 124 2,480 21 1,050 0 3,530 36.01 98,230 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.8 ATTACHMENT C V' VERMEULEN5 ELEMENTAL ESTIMATE Description 22325 Version 01 100% Construction Documents Trade Quantity Rate $ Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 61 PARTITIONS & DOORS B11 Partitions Partitions block 8-10 + 1,602 sf 27.00 43,254 254 6,858 1,348 36,396 block 4-6 + 5,545 sf 22.00 121,990 446 9,812 5,099 112,178 gyp, stud/furring 748 sf 7.50 5,610 0 748 5,610 wood blocking 100 If 5.50 550 100 550 Subtotal Partitions 7,147 sf 23.98 171,404 700 16,670 6,447 154,734 Total B11 Partitions 3,343 sf 51.27 171,404 27.11 16,670 56.72 154,734 B12 Doors Doors, Frames, Hardware painted pocket 2 no 2,400.00 4,800 0 2 4,800 painted 4 no 1,950.00 7,800 4 7,800 Subtotal Doors, Frames, Hardware 6 no 2,100.00 12,600 0 0 6 12,600 Total B12 Doors 3,343 sf 3.77 12,600 1 0.00 01 4.62 12,600 TOTAL 1311 PARTITIONS & DOORS 184,004 1 16,6701 167,334 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.9 V� VERMEULEN5 ELEMENTAL ESTIMATE Description B2 FINISHES B21 Floor Finishes Flooring concrete polished topping Subtotal Flooring Base block base detail resilient rubber Subtotal Base Total B21 Floor Finishes B22 Ceiling Finishes Ceilings gyp furring paint Subtotal Ceilings Total B22 Ceiling Finishes B23 Wall Finishes Wall Finishes stone gyp glass fiber reinf panel tile block glaze extra Subtotal Wall Finishes Total B23 Wall Finishes TOTAL B2 FINISHES ATTACHMENT C 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents Trade Qua 01 North Park Rate $ Quantity $ 02 East Park Quantity $ + 2,523 sf 12.00 30,276 454 5,448 2,069 24,828 2,523 sf 12.00 30,276 454 5,448 2,069 24,828 + 746If 15.00 11,190 192 2,880 554 8,310 + 120If 4.00 480 0 120 480 866If 13.48 11,670 192 2,880 674 8,790 3,343 sf 12.55 41,946 I 13.54 8,3281 12.32 33,618 + 2,523 sf 8.00 20,184 454 3,632 2,069 16,552 2,523 sf 2.25 5,677 454 1,022 2,069 4,655 2,523 sf 10.25 25,861 454 4,654 2,069 21,207 3,343 sf 7.74 25,861 I 7.57 4,6541 7.77 21,207 + 168 sf 70.00 11,760 168 11,760 0 + 143 sf 22.50 3,218 0 143 3,218 + 302 sf 18.00 5,436 302 5,436 + 10,118 sf 10.50 106,239 1,464 15,372 8,654 90,867 10,731 sf 11.80 126,653 1,632 27,132 9,099 99,521 3,343 sf 37.89 126,653 I 44.12 27,1321 36.48 99,521 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.10 V VERMEULENS ELEMENTAL ESTIMATE Description B31 Fittings Casework stainless steel typical counter vanity counter concession bench wood shelving misc. Subtotal Casework Fittings - Misc washroom accessories washroom partitions washroom partitions, urinal washroom changing tables, fold down signage, graphics specialties, misc. Subtotal Fittings - Misc Total B31 Fittings B32 Equipment Equipment - Specialty kitchen concession, TBD if included in scope Subtotal Equipment - Specialty Total B32 Equipment TOTAL B3 FITTINGS & EQUIPMENT 22325 Version 01 100% Construction Documents Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ + 48If 570.00 27,360 + 22If 525.00 11,550 + 6If 400.00 2,400 46If 350.00 16,100 76If 755.39 57,410 66 no 450.00 29,700 38 no 2,050.00 77,900 5 no 1,200.00 6,000 5 no 650.00 3,250 * 13 no 280.00 3,640 13 no 500.00 6,500 13 no 9,768.46 126,990 3,343 sf 55.16 184,400 325 sf 200.00 65,000 65,000 3,343 sf 19.44 65,000 11 6,270 0 6 2,400 6 2,100 17 10,770 10 4,500 5 10,250 0 2 1,300 3 840 3 1,500 3 18,390 47.41 29,160 0 37 21,090 22 11,550 0 40 14,000 59 46,640 56 25,200 33 67,650 5 6,000 3 1,950 10 2,800 10 5,000 10 108,600 56.91 155,240 325 65,000 0 01 0 65,000 0.00 01 23.83 65,000 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.11 VERMEULEN5 ELEMENTAL ESTIMATE Description 22325 Version 01 100% Construction Documents Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ C1 MECHANICAL C11 Plumbing & Drainage Equipment water meter, 3 1 no 4,650.00 4,650 0 1 4,650 water meter, 1-1/2 1 no 3,180.00 3,180 1 3,180 0 backfllow preventor, 4 2 no 12,000.00 24,000 0 2 24,000 backfllow preventor, 2 2 no 6,321.00 12,642 2 12,642 0 backflow preventor, irrigation 1 no 5,300.00 5,300 0 1 5,300 WH-1 electric water heater, 85gal, 45kw 1 no 15,000.00 15,000 1 15,000 WH-1 electric water heater, 28gal, 4.5kw 1 no 5,000.00 5,000 1 5,000 0 circulation pump 1 no 1,500.00 1,500 0 1 1,500 grease intercept, 65gal 1 no 4,000.00 4,000 1 4,000 BIM coordination 3,343 sf 1.00 3,343 615 615 2,728 2,728 Subtotal Equipment 78,615 0 21,437 0 57,178 Major Domestic Fixtures water closets 39 no 1,642.00 64,038 5 8,210 34 55,828 urinals 8 no 1,280.00 10,240 1 1,280 7 8,960 lavatories 19 no 1,340.00 25,460 4 5,360 15 20,100 sinks 4 no 1,725.00 6,900 0 4 6,900 triple sink 2 no 2,000.00 4,000 2 4,000 mop sink basin 6 no 1,725.00 10,350 1 1,725 5 8,625 shower, brass & trim only 1 no 1,335.00 1,335 1 1,335 0 wall mounted foot shower 1 no 1,250.00 1,250 1 1,250 0 drinking fountain 2 no 3,065.00 6,130 1 3,065 1 3,065 Subtotal Major Domestic Fixtures 82 no 1,581.74 129,703 14 22,225 68 107,478 Minor Domestic Fixtures floor drains 27 no 505.00 13,635 7 3,535 20 10,100 floor sinks 7 no 685.00 4,795 0 7 4,795 freeze proof hose bibs 2 no 750.00 1,500 2 1,500 trench drain 3 If 200.00 600 3 600 ice maker connection 1 no 505.00 505 1 505 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.12 V VERMEULENS ELEMENTAL ESTIMATE Description Subtotal Minor Domestic Fixtures Piping water, 4 water, 3 water, 2-1/2 water, 2 water, 1-1/2 water, 1-1/4 water, branch waste & vent, 6 waste & vent grease waste & vent heat trace at gutters winterization for concessions storage, mech areas, & service area headend connections fixture connections Subtotal Piping Total C11 Plumbing & Drainage C12 Fire Protection Sprinklers fire protection,assume not required Subtotal Sprinklers Total C12 Fire Protection C13 HVAC Air Handling Units ERV-1,2 energy recovery unit, 300cfm each 22325 Version 01 100% Construction Documents Trade Quantity Rate $ 37 no 568.51 21,( + 15 If 166.00 2,, + 45If 62.00 2," + 100 if 54.00 5,, + 95 if 42.00 3,! + 60If 38.00 2,; + 70If 34.00 2,: + 1,615If 32.00 51,( + 10 If 60.00 I + 2,235If 56.00 125, + 85 If 56.00 4,- 110 if 20.00 2,; 2,500 Is 1.00 2,! 3 no 1,000.00 3,( 82 no 400.00 32,2 4,330If 55.90 242,( 3,343 sf 141.01 471„ 3,343 sf 0.00 3,343 sf 0.00 ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 7 3,535 0 20 1,080 15 630 0 270 8,640 0 375 21,000 0 1 1, 14 5, 680 37, 138.45 85 0 615 0 0 0 0 0 I 0.00 0 + 600 cfm 24.00 14,, 0 30 17,500 15 2,490 45 2,790 80 4,320 80 3,360 60 2,280 70 2,380 1,345 43,040 10 600 1,860 104,160 85 4,760 110 2,200 2,500 2,500 2 2,000 68 27,200 3,650 204,080 141.58 386,236 2,728 0 0 0 0.00 0 1 600 14,400 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.13 'P VERMEULENS ELEMENTAL ESTIMATE Description Trade ERV-3 energy recovery unit Subtotal Air Handling Units Fans E F-1 EF-2 EF-3 EF-4 Subtotal Fans Air Distribution ductwork insulation diffusers/grilles fire dampers motorized dampers Subtotal Air Distribution Terminal Units electric baseboard, 4' electric strip heater, 2' electric unit heaters electric duct heater electric thermo slab electric thermo slab, count only Subtotal Terminal Units Miscellaneous testing, balancing, coordination, as- builts and 3rd party assist commissioing ATTACHMENT C 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents 01 North Park Rate $ Quantity $ + 2,000 cfm 24.00 48,000 2,600 cf 24.00 62,400 + 860 cfm 2.80 2,408 + 340 cfm 2.80 952 + 100 cfm 2.80 280 + 400 cfm 2.80 1,120 1,700 cf 2.80 4,760 + 8801bs 14.00 12,320 485 sf 5.00 2,425 10 no 210.00 2,100 3 no 550.00 1,650 2 no 1,315.00 2,630 8801bs 24.01 21,125 * 1 no 3,500.00 3,500 * 1 no 2,500.00 2,500 * 2 no 2,545.00 5,090 * 1 no 4,500.00 4,500 2,035 sf 25.00 50,875 * 11 no 0.00 0 16 no 4,154.06 66,465 + 3,343 sf 2.50 8,358 0 0 0 260 728 260 0 520 1,456 70 980 40 200 2 420 0 70 1,600 1 3,500 0 2 5,090 0 3 8,590 615 1,538 02 East Park Quantity $ 2,000 48,000 2,600 62,400 600 1,680 80 224 100 280 400 1,120 1,180 3,304 810 11,340 445 2,225 8 1,680 3 1,650 2 2,630 810 19,525 0 1 2,500 0 1 4,500 2,035 50,875 11 0 13 57,875 2,728 6,820 Subtotal Miscellaneous 3,343 sf 2.50 8,358 1 615 1,5381 2,728 6,820 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.14 ATTACHMENT C v VERMEULEN5 ELEMENTAL ESTIMATE Description Total C13 HVAC C14 Controls Controls Building Automation ERVs, 10pts each fans, 2pts each misc plumbing/electrical Terminal Units electric base board, 2pts each electric strip heater, 2pts each electric unit heaters, 2pts each electric duct heater, 2pts each electrifc thermo slab, 2pts each Subtotal Controls Total C14 Controls TOTAL C1 MECHANICAL 22325 Version 01 100% Construction Documents Trade Quantity Rate $ 3,343 sf 48.79 163,108 30 pts 1,570.00 47,100 12 pts 1,570.00 18,840 5 pts 1,570.00 7,850 Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 21.44 13,184 0 4 6,280 2 3,140 54.96 149,924 30 47,100 8 12,560 3 4,710 2 pts 705.00 1,410 2 1,410 0 2 pts 705.00 1,410 0 2 1,410 4 pts 705.00 2,820 4 2,820 0 2 pts 705.00 1,410 0 2 1,410 22 pts 705.00 15,510 22 15,510 79 pts 1,219.62 96,350 12 13,650 67 82,700 3,343 sf 28.82 96,350 22.20 13,650 30.32 82,700 730,841 111981 618,860 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.15 Vi VERMEULEN5 ELEMENTAL ESTIMATE Description ATTACHMENT C 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents 01 North Park 02 East Park Trade Quantity Rate $ Quantity $ Quantity $ C2 ELECTRICAL C21 Service & Distribution Normal Service & Distribution incoming feeder main switchboard panelboards, 42ccts panelboards, 84ccts disconnect, 400A feeder, 400A metering grounding PV array, future conduit for PV array Subtotal Normal Service & Distribution Motor Wiring & Control ERVs fans electric hot water heater circulation pump terminal units Subtotal Motor Wiring & Control Total C21 Service & Distribution C22 Lighting & Devices Lighting A, 5 square recessed accent light D, 4.5 square recessed downlight F, 4' LED strip light G, decorative exterior sconce L, linear recessed strip linear fixutres, count only 355If 185.00 65,675 + 1,000 A 40.00 40,000 2 no 7,250.00 14,500 2 no 14,500.00 29,000 1 no 6,000.00 6,000 175If 118.00 20,650 3,500Is 1.00 3,500 2,500 Is 1.00 2,500 25 kw 0.00 0 2,500 Is 1.00 2,500 1,000 A 184.33 184,325 3 no 2,710.00 8,130 6 no 1,000.00 6,000 no 1 550 00 100 1 no 805.00 805 16 no 750.00 12,000 30,035 3,343 sf 64.12 214,360 * 26 no 550.00 14,300 * 105 no 510.00 53,550 * 18 no 630.00 11,340 * 3 no 450.00 1,350 275If 130.00 35,750 * 46 no 0.00 0 280 51,800 0 1 7,250 0 1,500 1,500 1,000 1,000 0 0 61,550 2 2, 1 1 3 2„ 0 5, 109.51 67,. 12 6, 1 3 1, 35 4, 6 75 13,875 1,000 40,000 1 7,250 2 29,000 1 6,000 175 20,650 2,000 2,000 1,500 1,500 25 0 2,500 2,500 1,000 122,775 3 8,130 4 4,000 1 1 550 1 805 13 9,750 0 24,235 53.89 147,010 26 14,300 93 47,430 17 10,710 0 240 31,200 40 0 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.16 ATTACHMENT C V E R M E U LENS 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents ELEMENTAL ESTIMATE 01 North Park 02 East Park Description Trade Quantity Rate $ Quantity $ Quantity $ exit lights 10 no 300.00 3,000 0 10 3,000 daylight sensor 18 no 440.00 7,920 5 2,200 13 5,720 motion sensor 23 no 440.00 10,120 6 2,640 17 7,480 wiring & switches 208 no 135.00 28,080 22 2,970 186 25,110 lighting controls 3,343 sf 1.60 5,349 615 984 2,728 4,365 Subtotal Lighting 208 no 820.96 170,759 22 21,444 186 149,315 Devices duplex receptalces 40 no 370.00 14,800 3 1,110 37 13,690 double duplex receptacles 2 no 425.00 850 0 2 850 junction boxes 74 no 685.00 50,690 10 6,850 64 43,840 Subtotal Devices 116 no 571.90 66,340 13 7,960 103 58,380 Total C22 Lighting & Devices 3,343 sf 70.92 237,099 47.81 29,404 76.13 207,695 C23 Systems Fire Alarm fire alarm, not required 3,343 sf 0.00 0 615 0 2,728 0 Subtotal Fire Alarm 0 0 0 0 0 Tel/Data I tele/data outlets, 2 port 9 no 160.00 1,440 2 320 7 1,120 wireless access points 5 no 160.00 800 2 3 480 wire management 3,343 sf 1.10 3,677 615 677 2,728 3,001 cable andjacks, 2 port 14 no 445.00 6,230 4 1,780 10 4,450 backbone, equipment racks, patch 28 no 125.00 3,500 8 1,0001 20 2,500 panels Subtotal Tel/Data 14 no 1,117.66 15,647 I 4 4,0971 10 11,551 Other Systems 1 miscellaneous electrical 3,343 sf 1.50 5,015 615 923 2,728 4,092 Subtotal Other Systems 5,015 1 0 9231 0 4,092 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.17 ATTACHMENT C VERMEULEN5 ELEMENTAL ESTIMATE Description Total C23 Systems TOTAL C2 ELECTRICAL 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents 01 North Park Trade Quantity Rate $ Quantity $ 3,343 sf 6.18 20,662 02 East Park Quantity $ 5.73 15,643 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.18 V, VERMEAENS ELEMENTAL ESTIMATE Description D1 SITE WORK D11 Site Development Site Preparation strip and prepare rough and fine grading erosion control site cut to stockpile site fill from stockpile Subtotal Site Preparation Paving & Structure asphalt -mill and overlay asphalt concrete paving, 5 on 6 comp agg colored concrete stamped and colored concrete concrete pavers on 2 asphalt on 6 comp agg decomposed granite ramp, extra curb/gutter, concrete, 24 curb, colored concrete, 8 stair treads, colored concrete stair treads, stone Subtotal Paving & Structure Improvements stone veneer concrete retaining wall angular sandstone boulder wall stone retaining wall, colorado buff strip stone angular boulder seating picnic table trash receptacles 22325 Version 01 100% Construction Documents Trade Quantity Rate $ + 107,985 sf 104,642 sf 107,985 sf 1,541 cy 1,901 cy 107,985 sf + 25,890 sf + 31,030 sf + 5,855 sf + 574 sf + 96 sf + 4,847 sf + 1,702 sf 810 sf 876 If 198 If 78 If 56 If 69,994 sf ATTACHMENT C Nottingham Park North and East Restrooms 1.25 134,981 0.75 78,482 0.75 80,989 24.00 36,984 24.00 45,624 3.49 377,060 3.00 6.00 11.00 14.00 25.00 22.00 8.00 20.00 60.00 35.00 200.00 250.00 0111 77,67 186,1E 64,4( 8,0_ 2,4C 106,63 13,6' 16,2C 52,5E 6,9_ 15,6C 14,OC 564,2: 350If 615.00 215,250 191 if 510.00 97,410 39If 600.00 23,400 89 no 3,000.00 267,000 3 no 2,000.00 6,000 4 no 2,500.00 10,000 01 North Park 02 East Park Quantity $ Quantity $ 23,763 29,704 23,148 17,361 23,763 17,822 212 5,088 88 2,112 23,763 72,087 0 7,453 44,718 3,678 40,458 574 8,036 96 2,400 0 810 16,2 112 6,7 31 6,2 56 14,0 11,801 138,7 0 135 68,850 39 23,400 0 84,222 105,278 81,494 61,121 84,222 63,167 1,329 31,896 1,813 43,512 84,222 304,973 25,890 77,670 23,577 141,462 2,177 23,947 0 0 4,847 106,634 1,702 13,616 0 764 45,840 198 6,930 47 9,400 0 58,193 425,499 350 215,250 56 28,560 0 89 267,000 3 6,000 4 10,000 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.19 V VERMEULENS ELEMENTAL ESTIMATE Description Trade railings parking control barrier gate with card reader, 24' long 3x3x18 stone art base park entry sign movable bike rack removable safety bollards fixed bollards historical marker monument sign plastic edging shade sail Subtotal Improvements Planting trees, 3 cal trees, 10' ht preserve existing trees shrubs, grasses 5 gal. perennials,1 gal. groundcover,1 qt. planting areas mulch, 3 sod seeding planting areas, see counts above site balancing planting soil,12 ave. allow irrigation Subtotal Planting Total D11 Site Development D12 Mechanical Site Services Building Services 22325 Version 01 100% Construction Documents Rate $ 256If 175.00 1 no 20,000.00 5 no 3,000.00 1 no 5,000.00 3 no 4,500.00 6 no 1,000.00 19 no 1,000.00 1 no 10,000.00 1 no 15,000.00 867 If 15.00 382 sf 50.00 ATTACHMENT C Nottingham Park North and East Restrooms 20,000 15,000 5,000 13,500 6,000 19,000 10,000 15,000 13,005 19,100 799,465 21 no 1,200.00 25,200 2 no 850.00 1,700 55 no 350.00 19,250 605 no 80.00 48,400 1,779 no 40.00 71,160 376 no 10.00 3,760 110 cy 65.00 7,150 + 10,147 sf 1.00 10,147 + 1,168 sf 0.50 584 + 11,874 sf 0.00 0 + 11,459 sf 1.00 11,459 859 cy 70.00 60,120 23,189 sf 2.00 46,378 34,648 sf 8.81 305,308 3,343 sf 612.04 2,046,063 01 North Park Quantity $ 243 42,525 0 15 15,000 0 88 1,320 0 0 151,095 3 3,600 1 850 28 9,800 226 18,080 940 37,600 0 63 4,095 653 653 0 6,778 3,916 3,916 275 19,266 7,431 14,862 11,347 112,722 771.77 474,636 02 East Park Quantity $ 13 2,275 1 20,000 5 15,000 1 5,000 3 13,500 6 6,000 4 4,000 1 10,000 1 15,000 779 11,685 382 19,100 0 648,370 18 21,600 1 850 27 9,450 379 30,320 839 33,560 376 3,760 47 3,055 9,494 9,494 1,168 584 5,096 0 7,543 7,543 584 40,854 15,758 31,516 23,301 192,586 576.04 1,571,428 Estimate Date: 2022-08-23 Printed: 22:47 2022-09-02 E 20 'P VERMEULENS ELEMENTAL ESTIMATE Description water/fire, 4 water/fire, 2 water, connect to existing sanitary, 8 sanitary, 8 in existing case pipe sanitary, 6 sanitary, 6 in flowfill sanitary, 4 sanitary, connect to existing Subtotal Building Services Site Drainage & Services storm, 12 HDPE storm, 4 PVC storm, 4 perf PVC strom, inlet storm, connect to existing Subtotal Site Drainage & Services Total D12 Mechanical Site Services D13 Electrical Site Services Building Services relocated utility transformers w/ vault primary electrical, (2) 4 buried conduit secondary electrical, (2) 4 buried conduit secondary electrical, (3) 3 buried conduit electrical, connect to existing telecom, 2 conduit telecom, 2 & 3 conduit telecom, connect to existing 22325 Version 01 100% Construction Documents Trade Quantity Rate $ ATTACHMENT C Nottingham Park North and East Restrooms + 75If 75.00 5,625 + 100 if 53.00 5,300 2 no 5,300.00 10,600 + 35If 83.00 2,905 + 65If 65.00 4,225 + 110 if 69.00 7,590 + 25If 85.00 2,125 + 100 if 60.00 6,000 4 no 5,300.00 21,200 510If 128.57 65,570 + 105 if 125.00 13,125 + 395 if 58.00 22,910 + 130 if 58.00 7,540 4 no 3,215.00 12,860 1 no 8,035.00 8,035 630If 102.33 64,470 3,343 sf 38.90 130,040 3 no 10,000.00 30,000 + 930If 125.00 116,250 + 580If 125.00 72,500 + 55If 170.00 9,350 6 no 5,300.00 31,800 + 100 if 80.00 8,000 + 100 if 125.00 12,500 2 no 5,300.00 10,600 01 North Park Quantity $ 0 100 5,300 1 0 100 6,000 1 5,300 200 21,900 0 155 8,990 0 3 9,645 0 155 18,635 65.91 40,535 0 265 33,1251 01 1 5,300 100 8,000 0 1 5,300 02 East Park Quantity $ 75 5,625 0 1 5,300 35 2,905 65 4,225 110 7,590 25 2,125 0 3 15,900 310 43,670 105 13,125 240 13,920 130 7,540 1 3,215 1 8,035 475 45,835 32.81 89,505 3 30,000 930 116,250 315 39,375 55 9,350 5 26,500 0 100 12,500 1 5,300 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.21 ATTACHMENT C V VERMEULEN5 ELEMENTAL ESTIMATE Description Subtotal Building Services Site Lighting & Services relocate pole light AA light pole BB bollard light SS step lights EV charging stations event power, 400A 3P event power, 50A 2P direct buried feeder, 400A direct buried feeder, 50A Subtotal Site Lighting & Services Total D13 Electrical Site Services TOTAL D1 SITE WORK 22325 Version 01 100% Construction Documents Trade Quantity Rate $ 1,765If 164.87 291,000 * 1 no 2,500.00 2,500 * 8 no 8,700.00 69,600 * 18 no 2,575.00 46,350 * 44 no 790.00 34,760 4 no 15,000.00 60,000 1 no 1,000.00 1,000 3 no 1,000.00 3,000 180 if 236.00 42,480 635If 50.00 31,750 71 no 4,104.79 291,440 3,343 sf 174.23 582,440 Nottingham Park North and East Restrooms 01 North Park Quantity $ 365 02 East Park Quantity $ 51,7251 1,400 239,275 1 2,500 0 0 8 69,600 14 36,050 4 10,300 0 44 34,760 4 60,000 1 1,000 3 3,000 180 42,480 635 31,750 15 38,550 56 252,890 146.79 90,2751 180.41 492,165 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.22 ATTACHMENT C v VERM EU BENS 22325 Verski Nottingham Park North and EaA Restmoms 100%Construction Documents ELEMENTAL ESTIMATE 01 North Park 02 EaA Park Description Trade Quantity Rate $ Quarry $ Quantity $ Z1 GENERAL REQUIREMENTS Z11 General Requirements General Conditions RA Nelms isM1 higher General Conditions + 120%Is 733,999 120% 1462s0 120% 58],]49 Loral coal is lower at % a ID Subtotal General Conditions o is R3,999 0 14620 a 587,749 General Requirements General Requirements + 0%Is 0 0% 0 0% 0 Subtotal General Requirements Is o 0 0 0 0 Insurance Insurance 0% Is 0 0% 0 0% 0 Subtotal Insurance Is o 0 0 0 0 Subcontractor Bonding Subcontractor Bonding + 0% Is 0 0% 0 0% 0 Subtotal subcontrector Bonding Is o 0 0 0 0 Building Permit Building Permit + 0% Is 0 0% 0 0% 0 Subtotal Building Permit Is 0 0 0 0 0 Total Z11 General Requirements 8,8489 nessig9 237.80 146,250 215.45 587,749 Z12 Fee Profit/Fee/Risk PmfisTeesmsk + 45%Is 275,250 45% 54a44 4.5% 220,406 Subtotal ProfLiTee/Risk Ols 2]5,250 0 54844 0 220,406 Total Z12 Fee 8,848 $1 275,250 I 8918 54,1111 80.79 220,406 Estimate Date: 2022-08-23 Printed: 22:47 2022-09-02 E23 ATTACHMENT C 'IV VERMEULEN5 aIALIaIII flx*lInr_11r9 ion Trade TOTAL Z1 GENERAL REQUIREMENTS 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents 01 North Park Quantity Rate $ Quantity $ 02 East Park Quantity $ Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.24 V' VERMEULENS ELEMENTAL ESTIMATE Description 22325 Version 01 100% Construction Documents Trade Quantity Rate $ Z21 Design Contingency Design Stage Contingency Design Stage Contingency Subtotal Design Stage Contingency Total Z21 Design Contingency Z22 Escalation Contingency Escalation Contingency - May 2023 Escalation Contingency - May 2023 Subtotal Escalation Contingency - May 2023 Bidding Contingency Bidding Contingency Subtotal Bidding Contingency Total Z22 Escalation Contingency Z23 Construction Contingency Construction Contingency Construction Contingency Subtotal Construction Contingency Total Z23 Construction Contingency Ito] laW*X41.lilk kI191509.15410 + 2.0% Is 0 Is 3,343 sf + 6.0% Is 0 Is + 15.0% Is 0 Is 3,343 sf + 3.0% Is 0 Is 3,343 sf ATTACHMENT C Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ 122,333 122,333 122,333 367,000 367,000 2.0% 24,375 0 24,375 39.63 24,375 6.0% 73,125 0 73,125 2.0% 97,958 0 97,958 35.91 97,958 6.0% 293,875 0 293,875 917,499 15.0% 182,812 15.0% 734,687 917,499 0 182,812 0 734,687 1,284,498 I 416.16 255,9371 377.04 1,028,561 183, 500 183,500 183,500 3.0% 36,562 0 36,562 59.45 36,5621 3.0% 146,937 0 146,937 53.86 146,937 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.25 ATTACHMENT C VERMEULENS. ELEMENTAL ESTIMATE Description Z3 OTHER COSTS Z31 Other Costs Ancillary Costs Ancillary Costs Subtotal Ancillary Costs Total Z31 Other Costs IIIWIraWAY619:19:ztell W 2232S Version 01 100% Construction Documents Trade Quantity Rate $ Nottingham Park North and East Restrooms 01 North Park 02 East Park Quantity $ Quantity $ + .0% Is 0 .0% 0 .0% 0 Is 0 0 0 0 0 3,343 sf 0 0.00 0 0.00 0 0 0 0 Estimate Date: 2022-08-23 Printed:22:47 2022-09-02 E.26 ATTACHMENT C V E R M E U L E N 5 22325 Version 01 Nottingham Park North and East Restrooms 100% Construction Documents ELEMENTAL ESTIMATE 01 North Park 02 East Park Description Trade Quantity Rate $ Quantity $ Quantity $ INDIRECT CONSTRUCTION COST 2,599,5801 517,968 2,081,612 TOTAL COSTS 8,716,237 1,736,715 6,979,522 Estimate Date: 2022-08-23 Printed: 22:47 2022-09-02 E 27 ATTACHMENT D TOWN OF AVON EAST PARK IMPROVEMENTS AND NORTH RESTROOMS HARRY. A. NOTTINGUAM PARK BID FORM PROPOSAL OF A.D. Miller Services Inc., An individual doing business as A.T . M .4 it �. A partnership consisting of A corporation organized and existing under the Laws of the State of Colorado. To: Town of Avon P.O. Box 975 Avon, Colorado 81620 BASE BID Pursuant to the Invitation to Bid and Instructions to Bidders, issued by the Town of Avon, Colorado, famish all labor and materials required for the EAST PARK IMPROVEMENTS AND NORTH RESTROOMS, HARRY A. NOTTINGHAM PARK, Town of Awn, Colorado, and appurtenant work as shown on the Drawings and Specifications, to be performed or furnished by Contractor in accordance with the following Bid prices: Please note: AD Miller would be more than willing to work with the Town on Value Engineering, Cost Saving options in a Team approach format to achieve cost goals. The following breakouts are for illustrative purposes and subcontractors best estimate of segregated costs. Many line items and scopes are interconnected and should / will be reviewed before final contract. 1. Total Base East Park Improvements Bid: Eight Million, Five Hundred Sixteen Thousand, Three Hundred Eighty Four Dollars and Twenty Six Cents ($ "16,3 2. Total Base North Restrooms Bid: Two Million, Nine Hundred Fifty Two Thousand, Two Hundred Fifty Dollars and Fifty Four Cents ($ 2,952,250.54) ,�, 3. Total Base Bid ( Not including Deduct Alternates) Eleven Million, Four Hundred Sixty Eight Thousand, Six Hundred Thirty Four Dollars and Zero Cents (5 11,46804.00) Addenda L I Ivrerzozz L 7 12,M:2922 AD L 5 mmezazz L-] 01/172023 ay) L 2 IfflMozz ar L4 lvaarzoaz L 6 0111=022 0..� EAST RESTROOM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL WislizaticN GC LS 1 S 915,173.43 $ 915,173.43 DEMO, REMOVAL & DISPOSAL Curb and Gutter LF 283 $ 1200, $ 3,396.00 Cancrete Walk SF 2,476 $ 10.83 $ 26,820.78 Asphalt &Basecoulse SF 20,531 s 12.e6 $ 264,092.75 Timber Stairs LS 1 $ 20,000.00 $ 20,000.00 Timber Walls LF 308 I 110.23 $ 33,949,51 Trees FA 10 S 2,376.2a $ 23,762.42 Sawcut Asphalt Material LF 603 S 450 $ 2,713.50 A.D. Miller SeMtt; Inc. Conndendal Page I ATTACHMENT D Asphalt Milling SF 26,905 $ 0.60 $ 16,143.00 Remove & Dispose of Ex. 4' & 12' Sewer Lines LS 1 $ 18,250.00 $ 18,250.00 Remove & Dispose of Elec. Vaults -Pads Cabs LS 1 $ 35,000.00 $ 35,000 00 DEMO, REMOVAL& DISPOSAL SUBTOTAL $ 444,127.96 SREWORK Surveying LS 1 $ 28,000.00 $ 28,DD0.00 Excavation Cy 1,854 $ 70.09 $ 26 zM 12 Embankment CV 1,441 1 S 82.82 $ 119,338.58 Export Cy 413 $ 52.50 $ 21,682.50 Topsoil -4"Import&Piece CV 190 $ 82.82 $ 15,735.14 Aggregate Road Base (Parting, 120) TN 1,228 $ 75.00 $ 92,100.00 Aggregate Road Base (Path, 63 TN 189 $ 75.00 $ 14,175.00 .Asphalt (Parking, 5") TN 538 $ 448.75 It 241.429.91 .Asphalt (Path, 40) TN 132 $ 448.75 $ 59,235.59 Asphalt Leveling SF 160 S 5,73 $ 917.35 Rain Garden SF 311 S 27.75 S 8,630.25 2 wide Concrete Curb & Guta LF 432 S 75.00 $ 48,600.00 5" Concrete Walks SF 2,037 S 11.60 $ 35,437.50 Concrete Stairs (Ind. Base Course) SF 47 $ 21.28 $ 1,500.00 Concrete Pavers SF 4,151 $ 18.86 $ 99,729.00 1'-2'Boulder Wall LF 86 $ 350.00 $ 45,150.00 Striping (4" White) LF 1,945 $ 7.00 $ 20,422.50 Thermoplastic Pavement Marking SF 40 S 5.85 $ 351.00 Erosion B Sediment COMmI LS 1 S 26,260.50 $ 26,260.50 Construction Fencing LF 1,487 S 3.50 $ 7,806.75 Concrete Washout Structure FA 1 $ 37,413.00 $ 37,413.00 SITEWORK SUBTOTAL $ 1,187,379.69 DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UTILITIES Surveying LS 1 S 7,000.00 $ 7,000.00 Install C DIP Water Service w/Curb Stop LF 76 $ 234.67 $ 17,835,00 Install SDR356"Sewer Service w/CO's LF 135 S 18.15 $ 2,450.00 Install Yebmine 8" Sewer Service LF 94 $ 447.21 $ 42,038.00 Sewer Service Connection to Existing MH EA 3 $ 2,041.00 $ 6.123.00 Cut Existing Sewer Service& Grout Opening at MH EA 3 $ 1,092.33 $ 3,277.00 I Optic Conduit- Trenching wl Condut' LF 89 $ 35.56 $ 3,165.00 Electric Secondary Trenching ell Conduits LF 1,637 1 $ 35.50 $ 58,112.00 Bollard Lights EA 4 $ 4,282.00 $ 17,128.00 Street Lights EA 8 $ 12,104.38 $ 96,835.00 Wall Lights EA 44 $ 1.228.30 $ 54.045.00 Relocate Trxnsfamers/Meters LS 1 $ zool00 $ 2,009.00 Lower Exist. Elm. Splice Vault to Grade EA 1 $ 4,018.00 $ 4,018.00 Adjust FO Handhole Location & Elevation FA 1 Included Adjust Manhole Rim to Grade EA 2 S 250.00 $ 500.00 4' SDI PVC Oawnspout Piping LF 232 $ 10,56 $ 2,450.00 12" ADS HOPE Dual Wall WT LF 70 $ 48.21 $ 3, 775.00 A.D. Miller Services, Inc. Confidential Page 2 ATTACHMENT D 2k2 Area Inlet EA 1 is 1.517 nn $ 1,547 00 French Drein wl 4" Right PVC Pe PWPgle LF 127 $ son $ 10,25200 French Drain 4" ScIld PVC Oullel Pipe LF 29 $ 113.96 $ 3,302.00 UTILITIES SUBTOTAL $ 335,461.00 OVERHEAD ELECTRIC BURY Mobilbafon LS 1 g 1s,000.00 S 15,000.00 40 Topsoil Remove, 010ckPlle 8 Renace CV 19 E 45.00 $ 855.00 Aggregate Road Base (Induces 10%overage) TN 139 E 50.00 $ 6,950,00 Asphalttimudes 10%overage) TN 40 E 225.00 $ 9,000.00 Install UM-30S Electric Vault EA 2 $ 2,009.00 $ 4,018.00 Electric Primary Trenching wl Cond Jnndldes multiple conduit including some secondary conduit LF 005 S 23.30 $ 21,086.00 Connect to Existing RR Bare Conduit LS 1 Included Remove6 Replace Fencing LS 1 $35,000.00 $ 35,000.00 OVERHEAD ELECTRIC BURY SUBTOTAL $ 91,909.00 DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL LANDSCAPING Deciduous Trees-3"Cal, EA 18 It 930.00 $ 16,740.00 Evergreen Trees. 10' HL EA 7 $ 1,520.00 $ 1,520.00 Deciduous Shrubs-5 Gal. EA 117 $ 65.00 $ 7,605.00 Conilemus Shrubs-5 Gal. EA 1 S 250.00 $ 250.00 Ornamental Grassbi-5gaL EA 261 E 65.00 $ 16,965,00 Perennials -1 Gar'. EA 839 E 18.50 $ 15,521,50 Gmundcover-101 Pots EA 483 g 16.50 $ 7,969.50 Shredded Cedar Bark Mulch -3"Depth SF W96 E 170 $ 868320 Kentucky Bluegrass Bad SF 9494 T 2.00 $ 18,988.00 Native Seetl SF 1168 q 0.65 $ 759.20 Soil Pep - P'Depth SF 4473 $ 120 $ 5,36T60 Angular Boulder Sealing EA 89 $ 765.00 $ 68,08500 Irrigation System and Equipment LS 1 S 70,160.00 $ 70,160.00 Plastic Edging LF 779 E 7.00 $ 5,453.00 Decomposed Granite Paving SF 1556 E 5.70 $ 8,888.20 Seat Walls with Stone Veneer and Stone Cap LF 394.5 $ 195.34 $ 77,061.63 Metal Handrells LF E33 S IIs.00 $ 9,812.95 LANDSCAPING SUBTOTAL $ 339,790.78 SITE FURNISHINGS -EA Removable Safely Bollards 6 $ 825.00 $ 4,9500 Stone Art Base EA 5 It 3,200.00 S 16,0D0.D0 Trash and Recycling Bins EA 4 S 2,122.00 $ 8,488.00 Picnic Tables EA 3 $ 4,480.00 $ 13,440.00 Parking Control Bader Gate and Equipment FA 1 S 8,000.00 $ 8,000.00 Moveable Bike Racks EA 3 i 2,ol $ 6,000.00 Tension Shade Szit(wNloonc pier foundations) EA 3 4 14,002.13 $ 42,006.38 SITE FURNISHINGS SUBTOTAL $ 98,884.38 BUILDING Concession Area Appliances LB i E 118,444.I1 $ 118,444.31 A.D. Miller Servima, Inc Confidential Page 3 ATTACHMENT D Shftre LS 1 S 4,985,213.71 $ 4,985,213]1 BUILDING SUBTOTAL $ 5,103,658.02 Deduct Alternate l- Substitute Prefaced CMU LS 1 S (166,000.00) $ (18,ocom) Deduct Alternate 2- Substitute Toilets LS 1 $ (38,190.00) $ (38,190.00) Deduct Alternate 3-Vegetative Roof LS 7 S (60.099.00) $ (6o,o99.0o) TOTAL EAST PARK IMPROVEMENTS (not including deducts) $ 8,516,3B4.26 NORTH RESTROOM DESCRIPTION UNIT QUANTITY JUNITPRICE TOTAL MOBILIZATION Mobilization LS 1 $ 374,696.39 $ 374,686.39 DEMO, REMOVAL & DISPOSAL Remove Curb and Gutter LF 112 $ 12.00 $ 1,344.00 Remove Concrete Walk SF 725 $ 9.16 $ 6,640.51 Remove Path Asphalt & Baseceurse SF 1,442 $ 10.88 $ 15,688.96 Remove Parking Lot Asphalt SF 7,686 S 5.00 $ 38,430.00 Smvcut Asphalt Material LF 69 $ 4.30 $ 310.50 Remove Ex. Light (1 to be relocated) EA 3 $ 2,600.00 S 7,800.00 DEMO, REMOVAL & DISPOSAL SUBTOTAL $ 70,213.97 SITEWORK Surveying LS 1 $ 7,000.00 $ 7,000.00 9"Topsoil Remove &StocIple CV 266 $ 35.00 $ 9,310.00 Excavation CV 165 $ 70.09 $ 11,563.20 Embankment CV 127 $ 82.82 $ 10,518.14 Export CV 38 $ 52.50 $ 1,995.00 6' Topsoil Replace CV 1 129 1 S 82.82 $ 10,683.78 Topsail Export CV 137 S 35.00 $ 4,795.00 Aggregate Road Base (Walks, 8') Includes 10%Omrage TN 155 $ 50.00 $ 7,750.00 SConcrete Walks SF 3,992 S 11.60 $ 46,307.20 Parking Lot Base Course Prep SF 7,686 $ 2.50 $ 19,215.00 Asphalt Paving (Parking Lot, 40) Includes 10%Overage TN 209 $ 286.67 $ 59,914.03 2'Wde Concrete Curb &Gutter LF 112 $ 75.00 $ 8,400,00 Concrete Stairs(Incl. Base Course) SF 60 $ 21.28 $ 1,276,80 1'-3' Boulder Wall LF 101 S 350.00 $ 35,350.00 Striping (44 White) LF 460 S 2.00 $ 920.00 Thermoplastic Pavement Marking SF 1 20 Is 16.50 $ 330.00 Erosion & Sediment Control LS 1 S 5,205.00 $ 5,205.00 Construction Fencing LF 763 S 3.30 $ 2,670.50 Concrete Washout Structure EA 1 $ 3,250.00 $ 3,250.00 SITEWORK SUBTOTAL $ 246,453.65 DESCRIPTION UNIT I QUANTITY JUNITPRICE TOTAL AD. Miller Serrwm, W. Confidential Page 4 ATTACHMENT D UTILITIES Surveying LS 1 $ 3,000.00 $ 3,000,00 Install 7 Purecore Water Service wl Curb Stop LF 102 $ 66.30 IS 6,763.00 Install SDR3540 Sumer Senice w/CO LF 99 $ 58.64 $ 5,805.00 Relocate Existing Light EA 1 $ 650.00 $ $50,D) Adjust Existing Light for grade FA 1 $ 750.00 $ 750.W Eladric Secondary Trenching w/Condult LF 670 $ 36A5 $ 24,220.50 Bollards Lights EA 15 S 625.00 $ 12,375.00 Communications Trenching wl Conduit LF 19 $ 36.15 $ 686,85 Comm. CrInduit(Jnt trench wl Sec. Elec.) LF 1 80 1 S 36.15 $ 2,892.00 4' SDR35 PVC LF 156 S 10.56 $ 1,647.36 Inlet (8'Drop-in Grate wi 9W Reducer) EA 4 S 7,314.00 $ 29,256.00 UTILITIES SUBTOTAL $ $8,045.71 LANDSCAPING Deciduous Tress -30 Get EA 3 $ 800.00 $ 2,400.00 Evergreen Trees -19 Ht. EA 1 S 1,520.00 $ 1,520.00 Deciduous Shmbs -S Gal. EA 75 S 65.00 $ 4,875.00 Coniferous Shrmbs-5 Gal EA 8 S 250.00 $ 2,000.00 Ornamental Grasses-5 gal. EA 143 S 65.00 $ 9,295.00 Perennials -1 Gal. EA 940 S 18.50 $ 17,390.00 Shredded Cedar Bark Mulch -3'Depth SF 6778 $ 1.70 $ 11,522.60 Kentucky Bluegrass Sod SF 653 $ 3.00 $ 1,959A0 Irrigation System and Equipment LS 1 $ 45,536.00 $ 45,536.00 Plastic Edging LF 137 $ 7.00 $ 959.00 Stone Retaining Wall(0'-2.5) LF 39.5 S 155.W $ 6,122.50 Stone Steps SF 46 S Isom $ 7,360.00 Stamped Concrete Wash Station SF 96 S 35.20 $ 3,379.20 Metal Handrails LF 229.44 S 115.00 $ 26,385.60 Trash and Recycling Bins LS 1 s 2,122.50 $ 2,122.50 LANDSCAPING SUBTOTAL LS $ 142,826.40 STRUCTURE Structure LS 1 S 2,030,M.43 $ 2,030,024.43 STRUCTURE SUBTOTAL $ 2,030,024A3 Deduct Alternate 1 - Substitute Prefaced CMU LS 1 S (33,944.00) $ (33,944.00) Deduct Alternate 2- Substitute Toilets LS 1 S (4,700.00) $ (4,700.00) Deduct Alternate 3-Vegetal Roof LS 1 $(52,381.50) $ (52,381.50) NORTH PARK RESTROOMS TOTAL Not Including Deducts) $ 2,962,260.54 Please note: AD Miller would be more than willing to work with the Town on Yalue kmgtneering, Cost Saving options in a Team approachformat to achieve cost gaols. Thefollowing breakouls arefr illusvmive purposes and subcontractors best estimatefsegregared costs .M yline items and scopes are man -connected and should/will be reviewed beforefined contract. A.O. Miller eervim, Inc. Cdnedemial Page 5 ATTACHMENT D The Owner will act on this Proposal within forty-five (45) days following receipt Upon acceptance and award of the Contract to the undersigned by the Owner, the undersigned shall execute the Contract Documents, and famish Performance and Payment Bonds for the full amount of the Contract within ten (10) calendar days to insure proper compliance with the terns and provisions of the Contract, to guarantee the work until final completion and acceptance including the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials famished in the fulfillment of the Contract. Work under this Contract shall commence not later than APRIL 1- 2023- and the undersigned shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed no later than 1 MAY 30, 2024. The undersigned bidder Amber agrees to pay as t m at area es t e sum o for each consecutive calendar day thereafter, as bereafter provided in the Special Conditions. The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and are submitted correct and final. Signed at Centennial.CO , this lath day of January .2023. Ad ttf15 iller Contractor's License No. A- #16850 BF-2 PF . Do Building on Higher Ground .', Supplemental Information — Town of Avon Pre -Construction & Construction Services A.D. Miller Services Inc. 7006 S. Alton Way Building E, Ste 100 Centennial, CO 80112 BUILDING ON HIGHER GROUND ONE PROJECT AT A TIME AO. Miller Construction Services provides the highest quality construction management for New Construction, Remodels, Additions & Tenant Finish. ATTACHMENT E nt February 8, 2023 Town of Avon, Colorado —Avon Restrooms & Park Improvements —Statement of Qualifications and Proposal Attn: Justin Hildreth Town of Avon RE: Cover letter / Statement of Interest / Executive Summary Project: Town of Avon, Colorado - Avon Restrooms & Park Mr. Justin Hildreth, We would like to formally submit our Statement of Qualifications/Proposal for the Visitor Information Center Project to provide CMGC services to The Town of Avon in response to the issue tl Request for Qualifications and Proposal. We are excited about the opportunity to pursue this project, and are committed to participating in the construction services process. We currently have the capacity and availability to provide the Town of Avon with professional construction management services to successfully complete this projects on time, within budget and as coordinated. On behalf of A.D. Miller Services Inc., please accept our Submittal as per the requirements of the Request for Qualifications. A.D. Miller strives to be an excellent partner by employing a collaborative approach with all project stakeholders to maintair and build upon existing and new relationships. Our historryy and reputation within the local market exemplifies our pride in how we advance the construction of our projects personally, efficiently and provide the highest level of service to our client Founded in 1979, for over the past 40 years, we have completed a multitude of commercial, private party and municipal Projects both biz and small. As an advanced CM/GC service Provider. A.D. Miller provides every construction project with a a company philosophy/model and cost structure that is geared to drive value to our clients. We instruction types and project delivery methods allowing us to tailor our approach to he project Some examples of our clients include'. Town of Parker. (Additional details with the Town of Frisco - Slopeside H: this would create economies of scale, a Sincerely, our resources, Adam Miller Managing Director / President Contact Information: Company Name: A.D. Miller Services Inc., Representative: Adam Miller Address: 7006 S. Alton Way, Bldg E, Suite 100 Centennial, CO 80112 Phone: 303221-7770 Email: adammiller@admillednc.com to the project and remain with the project through New Constmction and Remodel of Municipal facilities rapahoe County, Douglas County Town of Limon and f). We are also in the process of working on a project entially run concurrently to this project. We believe s and reduce the costs. I your future project while maintaining quality, I within our bid proposal submitted. A.D. Miller iding to work with the Town of Avon to bring this ATTACHMENT E Section A: Business Profile Is An Established Local Colorado Market General Contractor 7006 S. Alton Way, Bldg E, Ste 100 Centennial, CO 80112 Company Profile: A.D. Miller Services Inc., is a boutique Commercial General Contractor that specializes in providing CM/GC services to private and public entities on select project types with project values of up to $25MM+. A.D. Miller performs a critical analysis of every potential project to ensure the proper focus on the project and provide the utmost quality with outstanding results. In our analysis, A.D. Miller employs a targeted approach in reviewing potential projects by choosing to specialize in the following areas as evidenced by our project mix listed below: C mna�t/Re48u�G4bue�g—IkwCaetru:fix�&Rar�odl 1act5years 12Pmjxtsx mmJ J $17mili 5lrratixr(Pre!!thm 12)—NewCan�uSrn&Nenvxkl Im[5y®rs 24Pmjxtsx mmJ J $38mili PmladPquatic Fmliti¢- NewCaenumvi&Nefiah I# 5 y®rs 30 Projccts with curcuhtice value $29 million Rmaativi/AmairtyCartas flow tms�uSin & Iffindel Im[ 5 y®rs 2 PmjMs with amJadrevalue $18 milkn Perks/ ErartShrxfur¢-NeuCautriz:dn & Rehah last 3 ye3rs'.4 rrv, «w:g crmulatve value h25 mllllon CuneMIyAD. Mlllef workload haaan project wuntof43 projeRs whh an approximate value of $4 ,217,OCQ Below is shordist a Similar Mountain Project Previously Completed or Currently In Processed Construction. In Process ♦ TownofFi Sbpesidle Hall&Day Lodge ♦ daho Sprkp New Main+mre FadlBy Completed ♦ Glemvwd5prip—Gkrnvxd MeadausSlwpprp, Center(Core&Sbek) ♦ Gnnby,CO--Oiaa*yo SnowO ktlw ♦ Fr¢m,CO—SummRCourrty5rl¢k:Bus Bam&Mairrhrerce FadlBy ♦ Aspery CO—PMtln Row iwun Hwnes ♦ Gkmv SpHi Gknweed Mead Ter lmgorem (Vad s) ♦ Grznd Loke,CO—Rank Remodel ♦ WMabndM—Wbeadandf mmunbyt r ♦ Me,CO—Westem Rockies Federal Credit Union ♦ Granby,t0—Mi. Sr. Thomas Betel Community Comes ♦ WMatlard, Wy— First Sdte Bmik/Mounted! Sate Bank ♦ Summit Cwnq—SunmRCountySdck: Voice Sohn( Improvements Projects ♦ VaI, CO—Yatwslnlwma0.-n@rrter Hd ♦ Gmdlwrtian,CO—Qry MaAet ♦ Frsm,CO--Twit Uri mAq Rod'i3 ♦ Iimon, CO—TowveyindR nd Center ♦ Fmer, CO—SakwryaM Rehd CmM ♦ Fruits, CO —Western Rai FederalDlt Union ♦ GNa, tO—JABo Credit Union ♦ NremmFg,CO—Tdnby EFempaltlruM ♦ Urksgr,CO—UrhgaFkmerdarYYlml ♦ Mcnumerit, CO-CaunhytlubMWrodmwr ♦ Gkrvrvwd Staingz,00—MxrobsedAssonant Complex ♦ Teum of Elizabeth, DO —Rears Water Pvnp Salion and Water HQ ♦ Town ofParker,Do— W O'Brien Pool and Fold House ATTACHMENT E on A.D. Miller Services Influence of construction and Keys to Success: The Avon Restrooms & Park Improvements pro ect has a schedule that will require and deserve the careful attention throughout design to complete the job j „ I Professionally successfully. Given current lead time issues in the industry, A.D. Miller will preorder materials as required and rigorously manage the schedule to meet the facility operational requirements. We will complete the pro)ject team and establish a collaborative / uniformed front with The Town of Frisco to assist with the design, with a clear focus on site logistics, schedule, and safety. A.D. Miller has successfully completed a multitude of pro )ecIs with similar CM/GC complexity and schedules to the Avon Restraints & Park)'ob ranging in project values from Sr.5o to Szz.oMM. ilecause of our team's dedicated conscious effort to fully engage on every CM/ GC project that we undertake, we have a keen understanding of the process, which will lend itself ideally to this project. Simplyput CM/GCprojects are within our wheelhouse and what we enjoy doing. We have a Additions scopes of, expect parr or me project to occur wmie me tarot IS As such A.D. Miller will a detai ed produce and thorough schedule taking into consideration all of Allmon these aspects, then securing the endorsement from The Town of Frisco personnel as well as onsite / community users. A.D. Miller considers our commitment to the project and client to act as an advocate to push the project forward and completion. As such the entire team is highly engaged in every aspect from Pre -construction to Close Out, thereby conveying that same standard of care and sense of adding value to the project, to the onboarding _ and contracting of am dedicated subcontractor base. - ! ) In summary with our experience in constructing of municipal facilities with active public areas, utilizing the CM/GC method, A.D. Miller is confident we can be a key — - component in this team, with a positive influence, to accomplish the successful delivery of the Town of Frisco Visitor Information Center project per the schedule provided. TO: Honorable Mayor Amy Phillips and Council members A FROM: Justin Hildreth, Town Engineer Avo n RE: Notice of Award — West Beaver Creek Blvd Asphalt Overlay DATE: February 8, 2023 C o l o H A I] o SUMMARY: Authorize Staff to issue Notice of Award for construction of the West Beaver Creek Boulevard Asphalt Overlay Project as approved in the Town of Avon 2023 Capital Projects Fund. DISCUSSION: The West Beaver Creek Boulevard Asphalt Overlay extends from US 6 to 100-FT north of the railroad tracks as shown in Figure 1. The project consists of the following components: • Asphalt Milling • Concrete Curb and Sidewalk Replacement in Select Areas • Replacement of Concrete Curb Ramps to Achieve ADA Compliance • Storm Drainage Improvements at the Eagle River Bridge • Storm Water Quality Treatment Structure • Activated Flashing Beacons at the Eagle Valley Trail Crossing • Asphalt Repair • Asphalt Overlay • Pavement Marking Along the Length of the Road • Bid Alternate #1 - Concrete Sidewalk and Curb Ramp Replacement Along the Avon Elementary School Frontage • Bid Alternate #2 - Concrete Replacement at the Aspens Bus Stop Adjacent to the Courts • Extension of Stormdrain System from Eagle River Bridge to Westgate Plaza Staff advertised the West Beaver Creek Boulevard Asphalt Overlay Project for (6) weeks on Bidnetdirect.com. The Bid Opening was held on December 15, 2022, and (2) bids were received: JARCCO Construction LLC with a base bid of $875,030 and 360 Paving LLC with a base bid of $841,183. Additionally, the solicitation included bid alternates for removal and replacement of concrete sidewalk, curb ramps, and pavement along the Avon Elementary School frontage and the northbound Aspens Bus Stop. JARCCO Construction LLC's bid for the alternates is $223,701 while 360 Paving LLC's is $310,482. 970-748-4045 jhildreth@avon.org FIGURE 1: West Beaver Creek Blvd Asphalt Overlay Site Map In December 2022 while the project weas advertised for bidding, the Engineering Department was contacted by the property manager for the Westgate Plaza Complex (Southeast Comer of West Beaver Creek Blvd at US6) regarding a persistent drainage issue in their packing lot. Upon investigation, it was determined that an historical culvert under US6 drains to the parking lot and inundates the existing private infiltration drainage system, flooding the parking lot and creating ice dams. We subsequently reviewed the Westgate development file and infrastructure drawings and found the following: The Westgate Site Drainage Plan Dated October 3, 1994, included with the original development application accommodates drainage from the preexisting US6 culvert by channeling the ronoff into roadside ditches within the US6 and West Beaver Creek Boulevard Right -of Ways north to the Eagle River. The Westgate Site Drainage Plan Dated October 3, 1994, includes the use of infiltration storm drainage structures to accommodate surface runoff from the parking lot. Infiltration drainage systems collect runoff and directs the runoff into underground structures that percolate the water into the ground. In 2000, the Town installed sidewalks within the West Beaver Creek Boulevard Right -of -Way in Page 2 of 5 place of the roadside ditches. Drainage from the US6 culvert is now diverted through the Westgate parking lot into the infiltration basin. The infiltration basin is not large enough to handle the additional water discharged from the US6 culvert causing periodic flooding and winter icing. PHOTO: Parking Lot Flooding in Westgate Plaza's Parking Lot Staff evaluated extension of the stormdrain from the Eagle River Bridge south to Westgate Plaza. The stormdrain extension is challenging due to the length of the piping system and existing utilities under the roadway including a 48" culvert serving the Arrowhead irrigation system. The design consultant developed a preliminary design for the stonndmin extension and a cost estimate which is $407,958. The project is scheduled to occur when Avon Elementary School is not in session, from June 5, 2023, to August 7, 2023. The construction schedule will need to be modified to accommodate the stormdmin extension. The work under the irrigation culvert must occur after the irrigation season ends in September. The water quality vault will be located immediately south of the Eagle River Bridge and requires a 16-FT deep excavation. For logistical and safety reasons, West Beaver Creek Blvd will have to be closed for approximately 2-weeks when the contractor is installing the water quality vault. As a result, the stonndmin extension ran be completed in Fall 2023 with final paving in Summer 2024. Staff evaluated several options to mitigate the drainage issue include regrading the parking lot and enlarging the infiltration basin. The parking lot cannot be graded to drain into West Beaver Creek Blvd because the road and driveway are higher than the parking lot and first floor. It is not feasible to enlarge the infiltration basin to accommodate the large amount of water discharged from the US6 culvert. Page 3 of 5 RECCOMENDATION: Staff recommends the base construction contract without the concrete work at the Bus Stop and Avon Elementary School be awarded to 360 Paving LLC for the following reasons: The Town has successfully completed similar projects with 360 Paving LLC in the past, most recently the Mikaela Way & Town Hall Asphalt Overlay Project in 2021 and the Eaglebend Drive Asphalt Overlay Project in 2020. 360 Paving LLC is based in Gypsum, CO and has been in business since 2015. Many current employees have worked with other civil and asphalt paving contractors in the Eagle River Valley since the 80's and 90's. We recommend the concrete work at the Bus Stop and Avon Elementary School be awarded to JARCCO Construction, LLC for a cost savings of $86,781. JARCCO is under contract for the Fawcett Road Asphalt Overlay Project and can complete this work under that Contract. 360 Paving, LLC is not opposed to the removal of this work from their scope. CONSTRUCTION SCHEDULE: The proposed work for the original scope is scheduled to begin June 5, 2023, and be completed by August 7, 2023. The addition of the stormdrain extension requires a modified schedule with installation in Fall 2023, when the irrigation culvert is not in use, and final paving of the roadway in Summer 2024. A new completion date will be negotiated with the Contractor if Council approves the stormdrain extension. Liquidated damages will be assessed at $1,500 / day and increased to $3,000 / day if the work extends beyond the negotiated completion date(s). FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2023 Street Improvements Projects budget as approved in the Town of Avon 2023 Capital Projects Fund. The current project budget is $830,000 and will have to be increased to $921,157 not including the stormdrain extension. The bid is higher than budgeted due to ongoing increases in material and construction costs. If the stormdrain is extended, the project budget will have to be increased by an additional $428,356. There are adequate reserves in the Capital Projects Fund to cover the increased expenditures. Award of the concrete work at the Bus Stop and Avon Elementary School to JARRCO will require the addition of a new project in the amount of $223,701 in the next Capital Projects Fund budget amendment. The Project cost estimate is shown in Table 1 below and includes 5% contingency. Table 1: West Beaver Creek Boulevard Asphalt Overlay Project (Inc. Stormdrain Extension) Cost Estimate Available Funds Budget Base Construction Cost Stormdrain Extension (Estimate) Surveying & Design Geotechnical Testing Services Contingency (5 %) $830,000 $841,183 $407,958 $32,915 $5,000 62 457 Total $1,349,513 Page 4 of 5 Council can reduce project costs by omitting the stormdrain extension or water quality treatment structure. Removal of the stormwater quality structure would result in a cost savings of $165,000. 1 do not recommend removing these items as they are necessary for public safety and protection of the Eagle River. RECOMMENDATION: Staff requests Council authorization to award the West Beaver Creek Boulevard Asphalt Overlay Project Contract to 360 Paving LLC in the amount of $1,249,141. PROPOSED MOTIONS: "I move to approve issuance of Notice of Award for the West Beaver Creek Boulevard Asphalt Overlay Project (Including Stormdrain Extension) contract to 360 Paving LLC, in the amount of $1,249,141 as approved in the Town of Avon 2023 Capital Projects Fund and adjust the project budget to $1,349,513 in the next budget amendment" Second motion for concrete work: 1 move to approve award of the concrete work at the Bus Stop and Avon Elementary School to JARRCO Construction LLC and addition of a new project in the amount of $223,701 in the next Capital Projects Fund budget amendment" Thank you, Justin Page 5 of 5 TO: Honorable Mayor Amy Phillips and Council members A FROM: Tim Thompson, Project Engineer, Avo n Eva Wilson, Public Works Director RE: Notice of Award — Metcalf Culvert Repair Project o 1 o H A D o DATE: February 1, 2023 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the Metcalf Road Culvert Repair Project to Mocon Pacific, Inc. An updated, in -situ (in place) repair proposal with plate liners and underground tunnel methods will be used. The repair method will be less impactful to the community and is more economical than the original proposals. Site Location Map DISCUSSION: The Metcalf Road Culvert Repair Project consists of repairing a failed 50-FT section of 7-FT diameter corrugated metal pipe (CMP) that is 32-FT underneath Metcalf Road and located near the north exit of Metcalf Lofts. The entire culvert is 154-FT long and transports Metcalf Gulch underneath the road. The method of repair previously selected required excavating the south side of Metcalf Road up to the edge of the road with associated road closures and traffic detours. Shoring the hillside because of the steepness as well as Eagle River Water and Sanitation District's requirement that the sanitary sewer line draining Wildridge be bypassed during construction, contributed significantly to the project's cost. 970-390-2014 ewilson@avon.org In August 2022, a new proposal utilizing a different construction method was received from Advanced Shotcrete, Inc. for $265,000. Advanced Shotcrete, Inc. proposed design -build services to rehabilitate the culvert by repairing the collapsed sections in -situ and coating the culvert with 5,000 psi shotcrete, a concrete product that is sprayed on the repaired culvert surface. By lining the interior of the existing culvert with 1 1/2' of shotcrete, it will be fully functional with an extended life span. This approach minimizes surface disturbance, avoids impacting the existing guard rail, precludes the need for bypassing the sanitary sewer line since no excavation will be near it, and dramatically lessens impacts on traffic on Metcalf Road. Unfortunately, the contractor withdrew their proposal due to material and staff issues. In Jan 2023, an updated in -situ proposal utilizing Plate Liners and tunnel methods for $378.844 was submitted. This method will provide additional structural support from the plate liners. Bids Received: 1) Ewing Construction: $942,405 2) American West Construction: $566,400 3) Advanced Shotcrete: $265,000 — Withdrew 4) Mocon Pacific Incorporated: $378,844 CONSTRUCTION SCHEDULE: The construction performance period is approximately 3 weeks which includes final slope stabilization and erosion control. The project is scheduled to begin on Feb 20, 2023. Liquidated damage for failure to complete the work by March 31�, 2023 is $1,500 per day and will be doubled to $3,000 per day after May 1�, 2023. FINANCIAL CONSIDERATIONS: The 2022 Capital Projects Fund reserved $408,390 for the Metcalf Road Culvert Repair Project. The construction cost to repair the Metcalf culvert is $378,844. Page 2 of 3 RECOMMENDATION: Staff requests Council authorization to award the Metcalf Road Culvert Repair Project to Mocon Pacific, Inc. for $378,844. PROPOSED MOTION: "I move to approve the Notice of Award for the Metcalf Road Culvert Repair Project contract to Mocon Pacific, Inc. for $378,844,000 as approved by the Town of Avon Capital Projects Fund" Thank you, Tim and Eva Attachment A: Contractor Proposal Page 3 of 3 ATTACHMENT A January 30, 2023 Town of Avon Public Works Department 500 Swift Gulch Road Avon, CO 81620 Re: Metcalf Road Culvert Rehabilitation Project ***Revised*** Subject: Repair of Existing Damaged Culvert and Shotcrete Application to Restore to New Condition To whom it may concern: Mocon Pacific, Inc. herein proposes to furnish a Proposal for the labor, materials, equipment, and services set forth below to reconstruct the referenced project. The following prices should be considered confidential. PROPOSAL PRICING Item No. Estimated Quantities Description Unit Price Total 1 LS Repair/support damaged section of CMP culvert. $378,844.00 $378,844.00 Rehabilitate entire 160' length of CMP Culvert under Metcalf with Shotcrete 1" thickness. Reroute 36" CMP pipe draining onto the existing 84" CMP on the East side. Restore area. �otal 1$378,844.00 Project Value/Benefits: 1. All culvert repairs will be complete within the pipe with limited site disturbances. No Excavation for the pipe repair is anticipated. Minor ground disturbances are anticipated from normal construction activities. 2. Repair/rehab of the entire length of the culvert, not just the immediate damaged area .... this pipe will last another 75 years with no problem. 3. Community disruption 1. The apartment complex residents near the site seem to be very concerned with any activity in the area. 1. Several residents have come out to check on us whenever we have made jobsite visits and demonstrated their concern with the culvert and activities within the last couple of years. 2. Open cut activities to repair this pipe will create much more noise, traffic issues, and environmental concerns with the existing drainage system Mocon Pacific Incorporated 200 Clifton Av *PO Box 84* • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 2. Open cut traffic control will be much more extensive, disruptive, and time consuming 3. Open cut noise/spoils removal (trucks and equipment) and replacement will be much more intrusive and cumbersome than the trenchless solution we are providing. 4. Environmental concerns with the bank and the storm water flow in the ditch will be more extensive with an open cut solution than our trenchless method. 5. The post project maintenance with restoration from the open cut will be more extensive and time consuming.... will have to maintain that whole bank on both sides until vegetation grows back 6. BMPs and erosion control both during and after open cut will be tremendously more than with our trenchless solution. 7. This proposal includes re-routing the existing 36" CMP pipe that is draining on the 84" CMP pipe and causing additional erosion and flow control issues that may be contributing to the problems with the 84" pipe ASSUMPTIONS AND QUALIFICATIONS: We have based this proposal on a nominal wall thickness for the Shotcrete application as shown in the price. This is based on the best available information at the time of this proposal. Existing pipe deterioration in excess of the conditions assumed, ground water loads in excess of those assumed, or other loads or conditions may increase the recommended thickness for all or portions of the work. Stated prices are subject to adjustment if design changes are agreed upon. It is assumed the line length to be maximum 160'. The Owner will provide access to both ends of the line This proposal does not include any mitigation of sags or "bellies" in the existing pipe. PROPOSAL INCLUSIONS: The prices stated in this proposal include: 1. Engineered Stamped drawings by L-7 Services, Golden, CO. 2. One mobilization and demobilization. -based on a mutually agreeable schedule between MPi and the Owner. The Owner needs to give MPi at least two -week advance notice of any changes to the mutually agreed upon schedule. If through no fault of MPi the mutually agreed upon schedule changes with less than one week notice, then MPi may charge the Owner an additional mobilization charge and any potential lost materials. 3. Pipe line cleaning and removal of debris. 4. Pre -Video inspections and documentation of existing pipe prior to reconstruction with the Shotcrete process. 5. Repair/Preparation of existing damaged CMP pipe prior to Shotcrete application. 6. Installation of 1" minimum Shotcrete thickness full perimeter for the full length of the culvert with an additional 1.5" in the actual repair area to fully embed the flanges on the Tunnel Liner Plates. Shotcrete will be the Shotcrete Technologies culvert mix with pozzolans (f'c = 5 ksi). 7. Post video inspection following completion of the installation to document your new pipe rehabilitated by Shotcrete Technologies. Mocon Pacific Incorporated 200 Clifton Av *PO Box 84* • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 8. Confined space safe entry practices. 9. Traffic control ---Minimal Traffic Control is anticipated. During mobilization, material delivery, equipment placement a "one -lane open, one -lane closed" approach will be utilized. See attached drawing and pictures of Existing TC on Metcalf Road. 10. Flow Control as needed. It is anticipated this project will be complete during the freeze cycle of the winter and no flow control will be necessary. MPi will address any residual flows as necessary to complete the work. 11. One-year standard construction warranty. 12. Existing Conditions Site Restoration: • Fill in existing "sink hole" area above damaged culvert • Seed with standard "native" grass mix • Install erosion control blankets over restored area PROPOSAL EXCLUSIONS: Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if needed or found to be applicable, would be provided by MPi at your additional cost; or would be furnished by others, at your direction, at no cost to MPi: 1. Surface work other than soil/emabankment restoration after pipe rehabilitation 2. Additional cleaning and televising mobilizations and/or setups due to point repairs, obstruction removals, or delays out of our control will be an additional charge. 3. Active lateral verification, other than visual inspection. 4. If any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials. OFFERED BY: Mocon Pacific, Inc. ,0� /. DARIN R. FOGG PRESIDENT (808-372-8751) ACCEPTED BY: SIGNATURE DATE NAME TITLE ORGANIZATION Mocon Pacific Incorporated 200 Clifton Av *PO Box 84* • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 Project Approach 1. Repair existing silt fence at toe of slope 2. Reroute 36" CMP Draining on Existing 84" Culvert • Remove existing Flared end • Install custom fitting to make bend to divert to discharge end • Install 1 joint (20') of 36" CMP pipe to divert discharge to creek 3. Excavation/CMP stabilization for Shotcrete application • Hydro vac with hot water capability to cut frost and remove dirt and debris from within the culvert and dispose offsite. • Set up 4x6 shoring/support system in damaged area of culvert. • Post and support system every 3' O.C. as per attached drawings • Small excavator and acetylene torch to remove damaged metal sections of CMP and excess debris generated from CMP removal not to exceed 24 LF and dispose of offsite in 24"- 36" increments. • Install liner plate in exposed/demolished area of culvert • Move process to next 24" — 36" section moving upstream • Continue this operation until full repair length has liner plates installed---24' max • Plates will remain in place and shotcrete will be installed over them. 4. Set up/Install Tunnel Liner Plates and grout machine • Transport to site a 16" x 84", 4 flange, liner plates. Each ring will have 2 grout injection ports. Transport to site grout master 20 grout plant • Lower liner plates as needed to downstream end of pipe entrance with telehandler and move into place within the culvert as needed. • Install Tunnel Liner Plates • Attach grout hoses to liner plate ports as needed to grout annular space behind liner plates and set up tent and winter protection for grout pump -mixing system in staging area at upstream end. • Grout annular space, cavities and fissures behind liner plates 5. Shoring of excavated areas and grout repair • 4"x6" support jacks and plates to be installed in repair area and set up prior to work for additional ceiling support during construction activities • 16" wide by 84" diameter liner plates to be installed in 24" — 36" excavated area of culvert prior to moving on to next 24" — 36" demo area in the upstream direction. Once liner plates are installed in excavated area within the culvert, the system will be moved upstream to the next section. • Upon completion of liner plates installation, grout will be pumped through ports in liner plates until annular space and voids have been filled. • After 24 hours of cure time for grout, shotcrete installation will begin. 6. Shotcrete Installation • Clean culvert entire length prior to internal shotcrete lining. Place 1" minimum shotcrete thickness full perimeter for the full length of the culvert (approximately Mocon Pacific Incorporated 200 Clifton Av *PO Box 84* • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 2.5" in repair area to cover liner plate ribs). Shotcrete will be the Shotcrete Technologies culvert mix with pozzolans (f'c = 5 ksi). 7. Site Restoration • Fill in existing "sink hole" area above damaged culvert. • Seed with standard "native" grass mix. • Install erosion control blankets over restored area. • The existing silt fencing at the toe of the slope will remain in place and can be removed once the vegetation has been established. • Any other site damage from construction to either the work area and adjacent areas or the northeast lay down area will be restored prior to leaving the site. Mocon Pacific Incorporated 200 Clifton Av *PO Box 84* • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 Projects Completed with Similar method of Repair Project: Newport Pavilion Culvert Repair (Small CMP) — Project Profile Sheet Attached Location: Newport, Kentucky Date: Sept 2012 through Dec 2012 CMP Diameter: 6 feet Repair Length: 86 feet Height of Soil above CMP: 50 feet Liner Plates Installed: 72" dia.; 4 flange; Smooth Wall; 5 gauge; 16" wide Mocon Pacific Incorporated 200 Clifton Av TO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 MCI MCI Newport Pavilion Storm Sewer Rehabilitation Liner Plate Tunnel Design Newport, Kentucky L-7 Services LLC designed the liner plate tunnel lining as a replacement final lining for an existing severely distressed corrugated metal pipe culvert. The existing 6 foot diameter corrugated metal pipe exhibited pronounced squatting with the total vertical distortion approaching a foot. Due to the fifty foot depth of the culvert and overlying surface development, the preferred rehabilitation approach was an m-place culvert replacement program. A 6 foot diameter liner plate tunnel lining will serve as both the initial and final lining for the new culvert. The new liner plate tunnel was installed along the previous line and grade of the original 6 foot diameter CMP requiring demolirion of the CMP in -place as the liner plate tunnel advances. L-7 Services LLC designed the replacement liner plate tunnel and developed excavation sequences to maximize ground stability during both the dismantling of the existing culvert and the installation of the liner plates. L-7 Services LLC also designed the temporary shaft modifications to enable the existing manholes to be utilized for construction access. L-7 was also responsible for preparing the contract documents associated with the underground work, specifically technical drawings and specifications for the tunnel and shaft work. L-7 reviewed the material submittals for the liner plate tunnel. TYPICAL TUNNEL SECTION: CULVERT PREPMoTON 0 L-7 SERVICES LLC I P.O. BOX 13871 GOLDEN, CO 804021(303) 9104842 - Project: Newport Pavilion Culver Repair (Large CMP) Location: Newport, Kentucky Date: May 2010 through Dec 2010 CMP Diameter: 14.5 feet Repair Length: 750 feet Height of Soil above CMP: 50 feet Liner Plates Installed: 144" dia.; 4 flange; Corrugated Wall; 3/8" thick; 16" wide Mocon Pacific Incorporated 200 Clifton Av TO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 Traffic Control Plans Mocon Pacific Incorporated 200 Clifton Av TO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 NOTE: 1. THE LONGITUDINAL BUFFER SPACE SHOULD BE EXTENDED SO THAT THE TWO—WAY TRAFFIC TAPER IS PLACED BEFORE A HORIZONTAL (OR CREST VERTICAL) CURVE TO PROVIDE ADEQUATE SIGHT DISTANCE FOR THE FLAGGER AND A QUEUE OF STOPPED VEHICLES. 2. ADD ROADWORK AHEAD SIGN WHERE SIDE STREETS FALL WITHIN LIMITS OF CONSTRUCTION SIGN ARRAY. NE LAN ROAD ROAD> < WORK AHEAD AHEAD CW20-7a CW20-4 CW20-1Ad 48" X 48" 48" X 48" 48" X 48" ENDIt100' 100' 100' 100' ROAD WORK POLICE OFFICER/FLAGGER WORK ZONE CONES 0 10' O.C. TAPER Z� CG20-2A a 24" X 48" o END POLICE OFFICER/FLAGGER ROAD WORK WORK AREA 100' 100' 100 100 55' CG20-2A 24" X 48" TAPER BUFFER ROAD NE LAN WORK > < ROAD ❑ AHEAD AHEAD CW20-1Ad CW20-4 CW20-7a 48" X 48" 48" X 48" 48" X 48" NE LAN ROAD 00 ROAD WORK AHEAD AHEAD CW20-7a CW20-4 CW20-1Ad 48" X 48" 48" X 48" 48" X 48" END WORK AREA 55100 100' L100' 100' ROAD WORK POLICE OFFICER/FLAGGER BUFFER TAPER CG20-2A 24" X 48" �► o END b POLICE OFFICER/FLAGGER ROAD WORK 100' 100' 100' 100' WORK ZONE CONES 0 10' O.C. CG20-2A 24" X 48" TAPER ROAD NE LAN WORK ROAD STATEWIDE SAFETY SYSTEMS 665 AHUA STREET AHEAD AHEAD """' H (606)L6471�6619 17 oLF, K. CpgB 48" X 8" 48" X 48" cw20-4 48" X 48" cw20-7a 48" X 48" P "d TRAFFIC CONTROL PLAN PROFESSIONAL OFESSION ENGINEER No. 10591-C ; PREPARED FOR: MOCON PACIFIC IL 135?• EXPIRES APRI L 30, 2024 PROJECT: LEGEND THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CSM SEWER IMPROVEMENTS 2021 —008 SIGN CONSTRUCTION OF THIS PROJECT WILL —CONSIRUCnON BE DONE UNDER MY OBSERVATION —DELINEATOR SIGN —CORE BY APPROVED BY: —ARROWBOARD T R A F R C CONTROL PLAN ®—POUCE OFFICER/FIAGGER TYPICAL MID) BLOCK STATE DOT, HIGHWAYS DIVISION DATE ®-WORK AREA ONE LANE CLOSURE NOT TO SCALE CHIEF, TRAFFIC REVIEW BRANCH DPP DATE (FOR WORK WITHIN CITY I ONLY) This drawing is a depiction of the existing street system prepared from various sources such as government references, oeriol photographs, and on —site inspections. A field survey was not performed for the preparation of this drawing and this drawing may contain scale inaccuracies which do not affect the validity of the temporary traffic control devices being identified. The information presented in this drawing shall be used APRIL 2022 SHEET 1 OF 13 solely for temporary work and control purposes and shall not be used for any other purpose. THESE PLANS WERE PREPARED BY STATEWIDE SAFETY SYSTEMS. ALL OWNERSHIP RIGHTS IN THESE PLANS ARE RETAINED BY STATEWIDE SAFETY SYSTEMS. THESE PLANS WERE PREPARED FOR USE SOLELY ON THIS PROJECT AND ANY OTHER USE OF THESE PLANS IS NOT AUTHORIZED =A+ X5'iGv'd,�. :y• .34 e i • • �- f �,�'�, ,�=. F 1 '` ��" i� 'M I�r 1��4 Ali � 'a i���k�. �.�yr` tl' R1` ' ' 3 • a�' " f r .F. .. 5 �� A � _ � � � _�M ��"F Y • Mi'♦ Tunnel Liner Plates Mocon Pacific Incorporated 200 Clifton Av TO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 A C 1 AMERICAN COMMERCIAL American Commercial offers the widest selection of underground supports in the world. Our products provide the unmatched combination of high per- formance and low cost for tunneling designers, contractors and owners. tier Depth of Experience One of these products - liner plates -offers these outstanding advantages • Economy of construction in time, excavation, material, manpower. • Maximum support per given length with minimum weight of steel. • A variation of plate design for all shapes of tunnels in dry or wet ground. • Predictable strength, fire resistant. • Continuous support during the critical mining phase in soft ground tunneling. • Easy to store, handle and erect, whether the tunnel is shmi curved, circular, elliptical or horseshoe in shape. • Gasketed plates that seal joints, stop water leakage and reduce air loss when water is a problem. WHO ARE WE TO MAKE SUCH STRONG CLAIMS? A one -source supplier of the most com- prehensive line of underground support systems in the world and backed up by over 70 years experience in tunneling. Beginning with steel liner plates installed in the Gretiot Avenue and Seven Mile Underground supports by Commercial am designed specilically for the requirements of each project. They may be permanent or tem- porary. Because geological conditions dictate the type of supped needed to oontral ground after excavation, our supports am designed in a nearly endless variety of strengths, thicknesses, sizes, configuradons, and com- positions lo control every ocndition known. This brochure is about the use of liner plates in tunnels through soft ground, which, for purposes of this general publica- tion, we will define as earth or soft rock which must be continuously lagged around the periphery of the tunnel bore. 'Cleveland WaterTunnel. S&M Constructors, Cleveland, Ohio. Road sewer system in Detroit, Michigan in 1922, we are today one of the leading designers and manufacturers of underry ground steel supports in North America. The first solid, squarecomered tunnel liner plates were designed and patented by Commercial in 1926 for use in the pioneer bore of the Moffat Tunnel in Colorado, declared at the time to be the years outstanding engineer- ing achievement. A year later, we also designed and patented the first steel linings for use with shields in driving the land sec, lion of the Detror-Windsor vehicular tunnel. Our experience in the art of tunneling spans over half a century and thousands of pro- jects, great and small, on six continents. Of particular interest is the section cmntain- ing design information and new safe load tables. Open specifbabons can be written with the approval of the American Association of State Highway & Transportation Officials (AASHTO) and the American Railway Engineering & Maintenance of Way Association (AREMA). Contractors now can invite quotations from all suppliers and buy liner plates from the manufacturer who pro- duces, sells, and services the sale best. This design information is the result of stud. ies and tests made by the Illinois Institute of Technology, Utah State University, and the University of Illinois, and accepted by AASHTO andAREMA. But we bring additional qualities to the jobsite besides these enumerated in the opening paragraphs. Since we are the largest source of underground supports for a variety of ground conditions, when unex- pected conditions are encountered, we are ready with the right support at the right time. Since tunneling still must be ranked as an art, experience such as ours counts for much. We are pleased W Were this experi- ence and to assist owners, design engi- neers, and builders of the tunnels and shafts with the selection of the best system to do the job. THE FUNCTION OF LINER PLATES Steel liner plates provide a relatively light- weight, easy -to -handle, sate support for soft ground tunneling because the ground that supplies the loading also supplies the resis- tance to the bad. The liner plate assembly simply distributes and transmits the load to the surrounding earth. As a steel liner plate ring takes load vertically, it tends to deflect inward at the We and outward at the sides. The ground resists deflection of the lining by developing a passive force equal in magni- tude and opposite in direction to the force exerted by that of the lining. The diagram on the right illustrates this principle. The ability of the surrounding ground to resist the ouhvard bulge of the liner plate ring is the key to vertical lead support. With the ring confined to a small amount of deflection, (see Deflection Section), the thrust line induced by the load is forced to follow the nng of liner plates. Thus, the abili- ty of the assembly to withstand the applied load depends upon its ability to transmit ring thrust from plate to plate around the ring. Obviously, this ability is enhanced by the four -flange design of Commercial's plates. The ideal condition without bending moment is approached by a propedy installed ring of liner plates. The blocking action of the ground is virtually continuous. All liner plates in the ring are in compression and have the function of withstanding and transmitting the compression load. Because the effectiveness of liner plates as a support depends upon continuous blocking action of the ground, it is very important that the tunnel should not be over -mined. g i1 is, the over -mined areas should be promptly back - filled or grouted to obtain ground-to-linw contact Plates can be ordered with grout holes for this purpose. Tunnels or shafts in soft ground usually require 100 percent lining to control ground during and after excavation. Our four -flange liner plates easily adapt to an assortment of shapes, sizes, ground conditions, and to various mining methods and machines. There are various methods for determin- ing the required strength of tunnel linings. Nevertheless, the type of ground, the location and depth of cover, the size and length of the tunnel, level of ground water, superim- posed loading, and history always guide these calculations. One of the most important factors in any calculation for the effective- ness of a tunnel support is the ability of the undisturbed ground to resist movement. Soft ground conditions may be stable or unstable in nature, and each presents its own problems. Since Commercial is a complete supplier, we are able to provide steel ribs, properly designed, to reinforce the skin of a liner plate assembly to overcome extreme pressures or severe ground conditions. Plates may be bolted between ribs during installation; or ribs can be installed later and blocked inside the liner rings. Whenever necessary, we weld stiffeners into the plates to take the jack thrust of mining machines or shields. Y '^ a� 1611 WIDE CORRUGATED LINER PLATES l r L OULL sal �g li si remse a. nu� - a2 - x Safe Load Table (Loads Given In Pounds Per Square Foot) oiamece. 12sa. .1 p46 toga. .1345 3aa. .1649 Taa. "B's 59 a. .2092 aOer .2391 ad.. .3125 vs. .375 4'0" 4330 7130 8330 9060 110]0 12580 16200 19320 5'0. 3465 5700 6665 7200 8856 10060 12960 15450 6'0. 2890 4750 5555 6000 7380 8380 10800 12880 7'0" 2475 4080 4760 5140 6320 7190 9250 11040 8'0.1 2165 3570 4165 4500 5530 6290 8100 9660 1. 1.. 3000 3700 4000 4920 5590 7200 8580 1W W 2330 3075 3340 4210 4665 6480 7730 11'0° 2380 2590 3365 3690 5370 6710 12'0" 1995 2630 2860 4320 5485 13'0" 2070 2250 3420 4400 14'0' 1650 1800 2740 3520 15' 0" 2230 2860 1W 0" 1830 2360 1T 0" 1530 1970 18'a" 1650 19. 9 1400 20' 0" 1200 Safe loads for diameters and gages not shown should be retelred to our underground supped 6onsumn9 staff for evaluation. Note: Liner plates for tunnel diameters other than those shown here are available. Sectional Properties For 1611 Wide Corrugated Liner Plates Plate Thichrress pim en lions ThroreB W Area old" Area Moment OI InMia Petliusq Gyration Gage x Y Sid. Flange i6" Wide Intro. In a/FL 16" Wltle In 4/In. 16" Wide 12 0614 1.948 2 2.1268 0.1329 0.]9]6 0.61 00423 056 10 0616 1.946 2 2.9184 0.1699 1.0194 08]88 0.0549 0.57 8 0.664 2023 2'/s 33442 0.2090 L2mb 1.1882 0.0143 0.60 7 [02391 0.534, 2.023 21/8 3.6368 0.22]3 1.3638 L2964 0.0810 0.60 5 0.695 2,117 21/4 42182 0.2636 1.5818 1.7288 01081 0.64 3 0.]18 2.094 2e4 4]924 02995 L]9T2 1.9146 0.119] 0.63 aBs 0]63 2.1]4 2a/8 6.1]18 0.385] 2.3144 28418 o.1F16 0.68 o/a 0.913 2.149 21/2 735% 0.4603 2.7600. 37020 0.2314 071 Hate Thisinms Olmsnsrsit Wei9m In Ness Baits AW Nuts Gees 6 0 F Entl& 9Gs9ok Full Plats Nelf Ran Hares Ua. All Wsgm Poun6s Roa Uvtl Belwe times anoin Pounds We no 0f NUIs 12 1 1/1 2 2'/a 6/axa/4 24.2 12.9 1/ex11/4 0,12 e2x11/2 OAS 0,05 10 11/e 2 2Me 5/ex314 312 166 v2xPA 0.12 v2xA/2 015 OM 8 1 1/4 21/e 2 on x 3/4 38.2 20.6 1/2 x 11/4 0.12 112 x Ph 0.15 0.05 ] 1 v4 21/e 2 vii x a/4 4ul 21 ] 1/2 x VA 0.12 Yz x 11/2 0.15 0.05 5 15/16 21/4 21/5 a/4 x lets 48.6 262 5/8 x 11/2 0.22 so x2 0.26 0.10 3 1 vis 21/4 2 1/a 3/4 x 11/16 54.9 28 9 on x 11h 0.22 % x 2 0.26 0A0 5/16 1'h6 23/a 2'/e 3/4x The 68.6 36A off x 11/2 0.22 on x2 T. 0,10 am 1 she 21/2 21/4 5/4 x Ph6 82.3 43.3 a/e x 19z 0.22 Sf x 2 0 26 0,10 Permissible Safe Loads On Circular Tunnels Of Various Diameters Or Arches For 16" Wide Smooth Liner Plates 129a. .1046 '09a. .1345 8ge. .1604 ]ge. .1]93 59a. .2092 3ge. .2391 5/16" .3125 a,..Diameter .375 'InY 4330 6870 8330 9000 10800 12260 16000 19200 5'0" 3460 549G 6660 7200 8640 9810 12800 15360 W Y 2880 4580 5550 6000 7200 8170 10660 12800 T 0" 3840 4760 5140 6170 7000 9140 1097O a " 3900 4250 5330 6060 8000 9600 9'0" 2900 3150 4080 4640 6530 8480 10'0" 3040 3450 5010 6720 1110" 2280 2590 3780 5200 12'0' 2000 2910 4010 13'G" 2290 3150 14'0" 1830 2520 15' 0" 2050 16'0' 1690 1]'0" 1410 1810. 19' 0" 20. 0" Safe l0ads for diameters and gages not shown should ba referred to our underground suppon consulting staff for evaluation. Note: Liner plates l0r tunnel diameters other than those shown here are available. Sectional Properties For 16-- Wide Smooth Liner Plates Phte Thicknwsa Olmersicna 1heo2teal Area Etfective Area Mdnent Of her. minus Ot Gyraim Gage Decimal X Y Sid. Flange 16" Wide In."/In. In 21r, Witle 16rD.M 18" Wide 12 0.1046 0.246 1.]54 2 20482 012W 01636 0.7681 0.3386 0.46 10 0.1345 0260 1.]40 2 2.61]6 0.9816 0.5644 0.46 0.2% 1.830 21/e 3.2209 02013 0.2189 12078_ 1.3134 0]944 O.6G] 0.1]93 0301 L824 2Ve3.5025 0.8583 0.50 5 0.2092 0.338 1.'12 21/4 4.1136 4.6]29 0291 0.2921 15426 L164] G53 3 02391 0.351 1.899 21/a 1.9523 13083 0.53 s/ts 0.3125 0.408 1.96] 2a/e 6.wrvt 0.3�9 2.2852 1.9294 0.56 ale 0.3]50 0.460 2A4021h].3126 0.45]0 2.]422 26142. O60 Dimensions And Weighte Of 1611 Wide Smooth Liner Plates PLste misme, proem in Well Pau Dow and Nub Ge9e 6 0 F DNfl S.S. FVI P. RHnuse Pka sent Parch PIat90sed PNwe.e Pips anom Pourcb wa9M OrNM 12 1 '/a 2 21/e Na X a/4 24.2 Vz x 11/4 0.12 1/t x P/2 0.15 0.05 10 1 1/e 2 21/e 5/8 x 3/4 31.2 121�7 1/2 x 11/4 0.12 1h x 11/2 0.15 0.05 8 1 '/4 2 Vs 2 to xs/4 38.2 1/2 x 11/4 0.12 'h x 1'h 0.15 0.05 ] 1 1/4 21/e 2 5/8 x 3/4 40.9 '/2 x 11/4 0.12 1/2 x 11/2 0.15 G.GS5 1 shs 2'/4 2 Vs s/4 x P/le 48.6 a/s x Ph 0.22 s/e x 2 0.26 0.10 3 1 the 21/4 2 '/a s/4x 1'/16 54.9 5h x 11/2 022 s/e x 2 026 O.W she 1 7/m 2 a/s 2 Ye N4 x 11Be 68.6 38.1 a/e x 11/2 0.22 5/a x 2 026 0.10 N. lake 2'h 21/4 a/4x PAe 82.3 43.3 s/e x 11h 022 s/s x2 0.26 0.10 1611 WIDE SMOOTH LINER PLATES Grew Win u Required 3 3]-11/16 ,C FULL PLATE Radius (as retlured) M 1821132" Ps]us us wourse) 24"Min. ® Call WIDE CORRUGATED LINER PLATES P••• laotoa w,- p n welal ,ni-ono wl0 ala nange. volt Plate a Llalwnlmn bol Reuge use-N- 26 6`% (rtytll FebaoPling. Eo a J �.5,. her Fse tas aid atljiI -24 R APProis one X' 2 @ Cmlar p'a - a 2X -2K' H' 31tle a 9e SMlon �eauge CF P Entl Flarpe J seam, a-e seam, a 9a..i4r.n i a. sab.n IF Sale Load Table (Loads Given In Pounds Per Square Foot) Diameter t2ga. .1046 lOga. .1345 Bge. .% ]ga .1]93 5ga. N.2 39H. .23g1 6/16" .at 26 3/8" 375 4'P' 5140 6560 8040 8740 10230 11610 15070 17990 5.O'• 4110 5250 6430 6990 81 NO 9290 12050 14390 1. 1. 3420 4370 5360 5830 6820 7740 10040 11990 7•0'• 2930 3750 4590 4990 5840 6630 8610 10280 W Y 2570 3280 4023 4370 5110 5800 7530 8990 911° 1970 2520 3340 3630 4530 5140 6690 7990 190" 1780 2410 2620 3490 3960 5530 7190 1110. 1810 1970 2530 2870 4080 5720 12'0" 1510 1950 2210 3140 4270 13'0• 1530 1740 2470 3360 14'0•' 1390 1980 2690 _ 15'0" 1610 2190 16'0" 1320 1800 17. 0^ 1100 1500 18' O" 1260 19' 0'• 1070 20' 0" 920 Safe loads for diame[ere and gages not shown should be referred to our underground ati consulting staff for evaluation. Note: Liner plates for tunnel diameter, other than those shown here are available. Sectional Properties For M411 Wide Corrugated Liner Platers Plate TbiQneas Dimenaiac Thewatiml Area Effective Area Moment at Inertia Hads. Of Gyation Gaga Decimal X o 1 Flange 21 Wide In 'on. In 2/Ft 24. Wide In. a/In. 24 We. 12 0.1046 0584 2.041 2 2.93]9 0.1224 OJ345 0.7832 Ooi25 0.52 10 01345 0.59] 2.028 2 35532 0.1564 0.9383 0.9910 0.0413 0.51 8 0.1641 0..S 2.122 2Ye 4.5984 0.1916 1.14W 1W83 00570 0.55 0.1]93 0.635 2.115 2Ye 49990 02083 1.2498 14814 O.W17 0.54 _] s 0.2W2 0.667 2s68 21/4 5.646e 0.2436 1a617 1s63 0.0811 01 3 02391 0.680 2.195 21/1 66W3 02756 1.65% 2.1933 00914 01 Nee 0.3125 0.731 2269 2s/e 8.6130 0.3589 2.1533 3.1563 0.1315 0.61 % 0.3750 0.]]9 2346 21/2 10.2846 0.4285 2.5712 4.1816 0.1742 0.64 Dimensions And Weights Of 2411 Wide Corrugated Liner Plates Plde Thirksoe, Dimensions Weight In Pountls Bob,tl Nuts Gage C D F fipa sv.a. Full file HeM I'llAkne Newt We1gM1t Pwntla Ptle med BeNreen Nh¢ Weigh PounW weirs OINNs 12 1Ya 2 21/e a/a X314 34S X 11/4 0.12 'hXP/2 Me 0.05 10 1 Ys 2 2 1/8 reeX 3/4 44.2 X 1/4 0.12 1/2 X 1112 0.15 005 8 1 1/4 2 Ye 2 es X a4 52.8 X 1 Y4 0.12 IhX 11/z 0.15 0.05 ] 11/4 21/e 2 s/a X314 56.9 X 11/4 0.12 1/2 X 11/2 0.15 005 5 1 she 21/4 21/8 s/4 X 11/e 685 Eliv X 11/z 0 22 s/8 X 2 0.26 0.10 3 1she 21/4 2Ye 314X 11he 802X 11/2 022 so X2 0.26 0.10 she 1 ]he 2 s/e 2l a a/4 X 11he 1016 X 1lo, 022 a/e X 2 0.26 0.10 c/s 1 nhs 21h 2Y4 s/4 X Phe 121.9 X 11/2 0.22 s/e X 2 026 0.10 Safe Load Table (Loads Given In Pounds Per Square Foot) Niameter t2ge. 10ga. Bga. ]ga. Sga. 38a. Si" 3/e" .1096 .1395 .1699 .1]93 .2092 2581 .3125 .375 4'0' j 5040 6460 7930 8630 10120 11520 15030 18040 5'0" 4030 51�0 6350 6910 8100 9220 12030 14430 Safe loads for diameters and gages not shown should be reteved to our underground suppod consulting staff for evaluation. Note: Liner plates for tunnel diameters other than those shown here are available. Sectional Properties For 2411 Wide Smooth Liner Plates Plate IDickness Dimensions TheoMical Area FXMNe Ned Ot lnGyration Mo[11700.� Res-0l Gate Ocmmal x v siee Flange 29' Wide m.2an. m.2/FL 24^24- Wide. wide 12 0.1046 died 1.810 2 2.885 0.1202 0.7210 btNK3 0.40 10 0.1345 0.2M 1767 2 SK4 0.1539 0.9235 0.58403 040 8 0.1644 0.233 1.892 21/e 4.636 0.1890 113 Ii 0.84000 01 0.1793 0.240 1.885 21/e 4.937 0.2057 1.2343 0.90808 043 5 0.20e2 0291 1.9)9 2'A 5.]8] 0.2411 1.4468 123605 b46 3 0.2391 0.284 L966 21/4 6.586 02Y44 16465 1.39009 0.46 a/ a 0.3125 0.334 '2041 2 s/a 8.594 0.3581 2.1485 2.06109 0.49 a/e 0.3750 0.381 2.119 21/2 10.313 0.929e 25783 2.8070 0.52 Dimensions And Weights Of 2411 Wide Smooth Liner Plates Plate IDicknnss elmen... wel9Mln names BOM1S FM Nub Gage C 0 F .. $Ee3Ms Ful .. .. P. PMeauwd Are wegM hands Plebus[4 tower Poba want PoUNe Might VNub 12 11/1 2 21/8 5/8X3/4 34.5 18.7 1/2X 1V4 0.12 '/2X 11/2 0.15 0.05 10 1 Ve 2 2'/a s/a X a/4 ",2 23.6 1/2 X 11/4 012 1/2 X 11/2 0.15 0.05 8 1 114 /s 2'.8 2 518 X a/4 52 28.4 1/2 X 11/4 012 q2 X 11/2 0.15 0.05 _ 7 1 1/4 2 Oe 2 s/a X_2/4 56.9 30.) 112 X 11/4 0.12 1/2 X 11/2 0.15 0 05 5 1 5/16 21/4 21/8 a/4 X 11/16 68.5 37.0 e/a X 11/2 0.23 '/a X 2 0.26 0.10 3 1 she 21/4 2'/e a/4 X 11he 80.2 43.2 5/8 X 11/2 0.22 a/e X 2 0.26 0.10 ahe 1rh6 2a/s 21/s s/4X11ha 101.6 S'te 5/sX11/2 0.22 NaX2 0.26 0.10 a/a 1ahe 242 2'/4 a/4X T'he 1219658 5/aX P/2 0.22 5/8X2 0.26 )10 2411 WIDE SMOOTH LINER PLATES Gmnlble IfPWuired $' � I C' V-tt116' FULLPILMIE Fadius (asrequreo) -7-T 2911h. t1&DI3�Y yf Je .o. qius H41FPlATE lasrsuinall 24'Mn. ®GENERAL SPECIFICATIONS FOR STEEL LINER PLATES The following paragraphs are offered as a guide for those who write and issue specifications for steel liner plates as under- ground supports. SCOPE These specifications are intended to cover the fabrication and installation of liner plates in tunnels constructed by convention- al methods, Tunnels excavated by fullfees, heading and bench, or multiple drift proce- dures are considered conventional methods. liner plates used with any construction method utilizing a full or partial shield, a tunneling machine, or other equipment which vdil exed a force upon the liner plates to propel, steer, or stabilize the equipment are considered special cases and are not covered by these specifications. DESCRIPTION Cold -formed steel liner plates conforming to the specifications below shall be furnished to the sizes and dimensions required on the plans. Such plates shall be installed at the locations designated on the plans or as designed by the engineer or the mspon- sible authority. Design and shape of the liner plates shall be such that erection and assembly of the liner plate structure can be completely and readily erected from inside the tunnel. Plates shall be accurately curved to suit the tunnel cress section, and all dimensions are of such size and accuracy that plates of similar curvature will be interchangeable. i Boik on both the longitudinal and circumfer- ential joints shall connect all plates. Grout holes 1-1/2 inches or 2 inches in diameter shall be provided, as shown on the plans, to permit getting as the erection of tunnel liner plates proceeds. MATERIAL SPECIFICATIONS Nominal plate dimensions shall provide the sectional properties shown on pages 3-6. Thickness tolerances shall conform to AASHTO specification for Highway Bridges, Section 16, or comparable AREMA Manual for Railway Engineering, Chapter 1, Section 4.15. The Tunnel Liner Plates shall be fabricat- ed from structural quality, hot rolled, carbon steel sheets or plates conforming to the specification of ASTM designation A569. The mechanical properties of the fiat plate and sheets before cold forming shall be: Tensile Strength psi 42,000 Min, Yreld Strength psi 28,000 Min. Elongation in 2 inches, % 30 Min. FORMING AND PUNCHING OF LINER PLATES All plates shall be formed from one piece of metal to provide longitudinal and arcum- ferential flanges. They shall be punched for bolting on both longitudinal and circumferen- tial flanges in accordance with the manufaUur- sea standard spacing, and shall be a multiple of the plate length so that plates having the same curvature shall be interchangeable and will permit staggering of the joints. Grout holes wit plugs shall be provided at spacing sufficient to allow filling of all voids with grouting material. GALVANIZING AND COATING Where liner plates are used as temporary supports, and the ponnaneat support is monol'Nric concrete or reinforced concrete pipe, and the opening between the back of the pipe and the inside of the liner plate is filled with grout or sand, liner plates are furnished black, not coated. When so specified, the liner plates will be galvanized to meet the current ASTM Specification At 23. In addition, the liner plates when so specified, shall be bitumi- nous coated to meet the anent AASHTO Specification M190. BOLTS AND NUTS Bolts and nuts used with four -flange liner plates shall be not less than 1/2 inch diame- ter for 7 gage plates and lighter, and not less than 5/8 inch diameter for liner plates heavier than 7 gage. They shall be quick - acting coarse thread with material conform- ing to ASTM Specification A307. When required, the bolts and nuts shall be hot dip galvanized to conform to ASTM Specification At 53. INSTALLATION Liner plates shall be assembled in accer- dmce with the manufacturer's instructions. Voids occurring between the liner plates and the surrounding ground shall be pres- sure grouted as directed by the engineer in charge to completely fill all voids. The grout shall be forced through the grouting holes provided in the liner plates. ANTICIPATED LOAD AND DESIGN CRITERIA It's a blunt fact of tunneling that full and accurate information on ground conditions is rarely avail- able before excavation begins. Nevertheless, certain basic design crite- ria for liner plates have evolved. We have found it entirely appropriate, because of this situation, to design support systems that anticipate the worst of conditions, yet retain the flexibility to atrtDrill al- ly adjust for lesser loads. For granular matenals, such as sand and gravel, knowledge of the angle of internal fric- tion and water content is necessary. Knowing Me general area and its geological history can point to reasonable values for the above. With these values determined, the leading of the tunnel supports becomes a iuriction of the angle of internal friction and the tunnel diameter. As the angle of irtemal friction increases, the height of overburden to be tamed by the tunnel support decreases. For cohesive materials, such as clays, sandy days, and silty clays, bow/edge of the unconfined compressive strength, cohesive characteristics, and water content is necessary. Any lining most depend on the suncundirg ground to carry the loading imposed. A slight deflection of the lining, held to an amount con- sistent with the final dineirskxs required in the completed structure, mobilizes the pas- sive msistances of the swmundirg ground (except in the liquid media). This passive resistance causes the lining to carry the load- ing in Compression; a function of the area, the moment of inertia and resistance to buckling. Table 1. Diagram For Coefficient Cd for tunnels in soil (y-soil friction angle) anular soli ssiturassi Sin rated fw of n 5 1.e 1.5 z 2.5 a values or Coefficient or, DETERMINATION OF LOADING ON TUNNEL LINER PLATES The loading on a tunnel liner plate structure is from the weight of the soil above the tunnel, or some percentage of the overburden, plus any other imposed loading (highway loading, mil - mad loading, adjacent strrcwms, and the like.) It is not possible to discuss completely the various soft ground conditions that affect the design of tunnel support systems in this brief catalog. We would advise designers to refer to our book "Earth Tunneling With Steel Supports" for a more detailed treatment. In general the external soil pressure can be computed by the formula: P=PI+Pd Where: P = the meemal soil pressure on the tunnel liner in lbs. per square foot. PI = the vertical soil pressure at the level of the top of the tunnel liner due to live loads. Pd= the vertical soil pressure at the level of the top of the tunnel liner due to the soil load. The value of PI for both highway and railroad loading can be taken from Table 2, Live Load, that includes both static and dynamic loading. The value of Pit may be tabulated from the following tomnula- Pd=Cd.WD Where: Cd = coefficient, depending on type of soil, can be taken from Table 1. W = moist unit weight of soil in lbs. per cubic toot. D = horizontal diameter of tunnel liner in feet. The basic theory of ground arching is shown by this formula in that the lead is a number of diameters of the above ground. For tunnels in rock, the methods to deter- mine load are different according to the rock condition. We would recommend that designers refer to our book 'Rock Tunneling with Steel Supports". 8 ®ALLOWABLE LOAD AND STRUCTURAL DESIGN CRITERIA The design of non -rigid tunnel lining, i.e., liner plates, depends on the ability to deflect without developing high bending stress, and, simultaneously, to develop the neces- sary ground passive resistance to limit that deflection. The loading causing the deflection is deter- mined from the sedan titled "Determination of Loading on Tunnel Liner Plates.' Bending detonation develops reserve soil loads that, in tum, redistribute the thrust and moment in the tunnel lining. It is this interaction of forces, which develops the large load -carrying rapacity of liner plate tunnels. DESIGN CRITERIA - The following criteria must be considered in the design of tunnel liner plates: A) Joint Strength B) Minimum Stillness C) Critical buckling of liner plate wall D) Deflection or flattening of tunnel section JOINT STRENGTH: The seam strength of liner plates must be sufficient to withstand the thrust from the total load supported by the liner plate. This thrust, T, in pounds per linear foot is: T= PD12 Where: P=total load ibsJsq.ft. as defined on page 8 D = diameter or span in feet The thrust, T, multiplied by a safety factor of 3.0, should not exceed the ultimate seam strength listed below as defined by Section 16.3.2.2 of the AASHTO specifications. Plate knows Cage Decimal Ukirnete Strength KIPS/FT 12 0.1046 26.0 10 0.1345 43.0 a 0.1644 50.0 7 0.1793 54.0 s 0.2092 67.0 3 02391 81.0 5/16. 0.3125 115.0 3/1•' 0.3750 119.0 SAFE LOAD FOR JOINT STRENGTH: We Load P - (2 x TuD Where: Allowable thrust T = Ultimate Seam Strength/3 MINIMUM STIFFNESS FOR INSTALLATION The liner plate ruing shall have enough rigidi- ty to resist the unbalanced loads of normal construction: grouting pressure, kcal slough - Table 2. Live Load Height of Cover it Effect P, H-20 his. /sq. ft. Heigh of Cover -ft, E-W lbs./sq. III 1 1800 2 3800 2 8W 5 2450 3 600 8 1550 4 400 10 1100 5 250 12 Ho0 6 200 15 550 7 175 20 350 8 100 30 too The aset of 1i I,¢d lees Nan 100 M. per Wuea anon con be dee,aniad ins, and m'scellaneous concentrated loads. The minimum stiffness required for these can be expressed for convenience by the formula below. It must be recognized, however, that the liming values given hen; are only recom- mended minimums. Actual job conditions may require higher values (greater effective stillness). Final determination of this factor should be based on intimate knowledge of a project and practical experience. The minimum stiffness for installafion is determined by the formula: Minimum Stiffness = EVY Where: D- diameter of liner plate ring in inches; E = modulus of elasticity, psi (29 x 1Oa psi): I = moment of inertia, inches to the fourth per inch: Minimum stiffness for 4-flange = 111 minimum CRITICAL BUCKLING OF LINER PLATE WALL: Wall buckling stresses are determined from the following formulae: Detennine the critical diameter, Do: 24xE Dc= r k V fu For diameters less than Dc, the ring com- pression stress at which bucking becomes aR cal is: 2 fc-fu— 48E xl � 12]in psi For diameters greater than De: 7c = (kD/ y in psi Where: Do critical pipe diameters in inches; If = minimum specfied tensile strength in pounds per square inch (42,000 psi); to = buckling stress in pounds per square inch, not to exceed minimum specified yield strength (28,000 psi); D = pipe diameter in inches; r = 75% x radius of gyration of section in inches; k will vary from 0.22 for sails with > 15 to 0.44 for soils,p < 15. W Design for budding is accomplished by limiting the ring compression thrust T to the budding stress multiplied by the effectrve crass sectional area of the liner plate divided by the factor of safety. Since the liner plate is considered to be a thin web connected by angles, and a ring is comprised of a number of plates, the full cross section is not site- tive. From tests and theory, the effective area is taken as 509% of the theoretical area. T= f AA FS Where: T = Thrust (Ibs. per linear foot) A = Effective cross sectional area of liner plate in square inches per foot 150 % actual area); FS= Factor of safety of 2.0 for buckling SAFE LOAD FOR CRITICAL BUCKLING: Safe Load P = (2 x T) / D DEFLECTION: Deflection of a tunnel depends significant - by on the amount of over excavation of the bore and is affected by delay in backpacking or by inadequate grouting. The magnitude of deflection is not primarily a function of soil modulus or liner plate properties, therefore, it cannot be computed with the usual defle- lion formulae. Where tunnel cleanimes are important, the designer should oversize the tunnel structure to provide for nomal detection. By following good construction methods, deflection should remain wifiin 3%of the nominal diameter SAMPLE LINER PLATE CALCULATIONS: (Based on current AASHTO criteria) Given: H = 30 ft, Depth of cover to top of tunnel; D = 9'-0' Outside Diameter; W =120 lbs./co.ft., Weight of Soil, (Saturated Clay); Live Load = H - 20 (Highway loading); FS= Factor of Safety= 3 (seam strength); FS=Factor of Safety =2 (critical wall buckling); k = 0.44 Soil coeficient E = 29 x 10° psi, Modulus of elasticity; fir = 42,000 psi, Minimum Tensile Strength 1. Find Pressure on Tunnel H —9 D 9 Cd = 2.1 From Table 1: Coefficient Diagram Pd=Cd•WD=2.1 x120 x9 = 2,26811 Live Load = PI = 0 From Table 2: Live Load Effect PI Therefore P = P1+ Pd = 012268 = 2,2661bs1sq.ft. 2. Determine wall thick- ness required to meet thrust: Thrust =T= PxD _ 2268x9 2 2 =10,206111 Using a FS of 3, 3T = 3 x 10,206 =30,618 lbs.AinA From Table 3: Ultimate Seam Strength, page 9, find t =.1345 inches capable of providing 43,000 Ibs.Ain.t. 3. Safe Load for Joint Strength: Ultimate seam strength USS = 43,000 IbsiIin.ff. Allowable thrust T = USS/3 = 14,333 lbs.Ain.ft. Safe load P = (2 x T)/D Safe load P = (2 x 14,333 Ibs.Aii 9 ft. = 3,185 psf A. Critical Wall Buckling Check: From Tunnel Liner Rate Properties, 75%of the radius of gyration oreffective radius of gyra- tion, r for 0.1345 inch pas is 0.4275 inches D = r 24x.E k fu 0.4275 24 x 29 z 10° OA4 Z-O-() =125 in. Since 1251 Tunnel /dameter=108 inches, fur fc=fir-[48E x1 kr in psi \(42,000 J 0.44 x 108 2 _�'�- 48x29x 10°x( 0.42]5 �] = 26,342 psi < yield strength, therefore use fc = 26,342 psi Allowable thrust T - is x A FS 26,342 x 1.0194 = 13,426 lbs./ft. 2 S. Safe load for critical wall buckling: Safe Load P = (2 x T)H) Safe Load P = (2 x 13,426 Ibs1ff.)/ 9 ft. = 2,984 psf S. Minimum Stiffness: Minimum Stiffness= El z 111 D2 Required I z 111 x D' E = 111 x U08 29 x 10' _ .0446 in."!n. From tunnel Liner Plate Properties, select 0.1345 (10 ga.), 1= 0.0549 in.4/n. Since the maximum albwabe load for critical budding of the liner plate wall is less than the maxmum allowable bad far joint strength, use allowable bad for critical bucking (2,984 psry. 10 THE TRUE FACTS ABOUT MINIMUM ®STIFFNESS REQUIREMENTS FOR THE DESIGN OF LINER PLATE TUNNELS Stiffness is a property that becomes a factor in cut and fill culvert work. It's much less of a factor in tunneling where you're mining through undisturbed earth. The confusion seems to be caused by the minimum stiffness requirements as pub. lished by AASHTO (American Association of State Highway and Transportation Officials) and AREMA (American Railroad Engineering and Mentenance of Way Association). These specifications call for n minimum stiffness of 50 for 2-flange plates and 111 for 4-flange plates. Now, right off, that sounds as if the 2. flange structure is over twice as stiff as the 4-flange. NOT SO, Commercial's 441ange liner plate provides an actual stiffness very close to and in some cases greater than that provided by the 2-flange plate. Take a look at the following information. This hand to hand comparison easily demonstrates relative stiffness on a gage c gage basis: l- = stiffness expression Relative stillness = E14 4FLstiflness pz 14 2 FL stiffness E12 12 D2 Where 12= moment of inertia of 2 FL liner plate, in.^An. Where 14= moment of inertia of 4 FL liner plate, in.4/n. Table 4 represents a graphic illustration of the moment of inedia differential and relative stiffness. From this you can see that 4-flange plate is 92%as stiff in 7-gage material. The same anatysis applied to 5-gage material shows the 4-flange plate a winner by 5%. SAFETY FACTORS Both AASHTO and AREMA spec'rfications state that the stiffness shown for 2-and 4-flange plates are the recommended minimums and those actual conditions may require higher values. However, sped - tying higher values should be based on an intimate knowtedge of the project and practi- cal experience. Sound engineering specifications must be based on good judgement and inti- mate knowledge of the project, not on inflated minimum stiffness values. The design calculations for either type of liner plate are based on the assumption that the lining is flexible. Arid, by being flexible, it can interact with the surrounding ground in order to carry the load primarily as ring thrust. The necessary design parameters for these flexible tunnel linings are moment of inertia (I), radius of gyration (r) and effective area (A). In addition, minimum values of yield, tensile and ultimate seem strength are normally specified. Nowhere in the design calculations will one find the section modulus (S) property utilized. Therefore, it can be safely assumed that it has no bearing on the ability of either 2-or 441ange liner plates to support ground loads through an interactive process. 1.05 n.120 0.88 — — — n- n`2 i ' 0.110 Relative agmieas (4Fenge vs. 2-Flange) 0.100 0.090 0.080 o.OJO 2-Flange Liner Plates m 0.080 4-Fta�ge Liner PI.. E o.oso i 0.040 'Normalized stiffness= Actual stiffness x 22= EI x E=I=Moment of inertia E Dz E Where D = Nominal liner plate diameter, inches E = Modulus of elasticity of steel = 29 x 106 psi 11 TYPICAL LINER PLATE INSTALLATIONS J LINER PLATES ONLY The most obvious advantages of this structure are that maximum support per foot of tunnel is obtained Mh minimum weight of steel. Liner plates, properly granted or back - filled as tunneling progresses, form a dependable structure in ei cohesive or non -cohesive ground. Liner plate struc ies generally require no additional support in tunnels up to 14 feet in diameter. RIBS INSIDE LINER PLATES To give extra support to a liner plate structure in large diameter or heavy load conditions, ribs can be added inside the ring. Liner plates then act as lagging and are normally lighter in gage. This additional supporl usually requires an increase in the diameter of the driven bore to maintain the dimensions of the fin- ished inside diameter. This method is often used in shaft construction. LINER PLATES BETWEEN RIBS This type of structure is less common than ribs inside liner plates because it is harder to erect. It does offer a practical trade-off under certain tunneling conditions. 12 GASKETED LINER PLATES & TAPERED LINER PLATES Water is no friend of the tunnel man. Its presence slows progress and adds substantial cost to the operation. De -watering involves well points, drains, or compressed air, all of which take prece- dence over the main task of driving the tunnel. Concreting and grouting, for example, must be done at intervals, when- ever and as often as the opportunity occurs. GASKETED LINER PLATES Amercan Commercial's gasketed liner plates, which have the same bad carrying capacities and gages as our standard liner plates, have been proven in the field to seal joints, stop water leakage up to 15psi, and dramatically reduce air loss. As a cense- quence, it's possible to concrete in free -air in one continuous operation at great savings. Furthermore, airocks can be installed easily in any section by bolting in or pouring `bulkheads, thus eliminating another expensive bottleneck. GROUT HOLES IN LINER PLATES As emphasized repeatedly, fine contact between the liner plates and the surround- ing ground is essential. Any over -mined space outside the plates must be filled with pea -gravel, grout, or some other suitable material. Installing liner plates with grout holes at intervals makes balling easier. Grout holes can be threaded, or punched to receive welded half -couplings or Hat flanges and furnished with pipe plugs for 11/2" or 2" NFT. TAPERED LINER PLATES The drawing below illustrates how tapered plates interspersed between rings of standard liner plates accommodate the radius of curves. A minimum radius of 50 feet is considered a good rule of thumb when designing curves in tunnels to be sup- ported by plates. A maximum taper of 3112" to 4" per ring is recommended. These plates are also available smooth or corrugated in 16" or 24" widths, with or without gaskets. Grouting or backfilling should start at the Topviewillustratingadapt- ability of tapered liner lowest grout hole and proceed upward, plates to curved openings. preferably filling both sides of the tunnel 50 feet minimum radius. simultaneously. Frequency of grouting or backfilling depends upon ground conditions, the tunnel diameter, and its length. aa1 M" o�-1,1m T., ix IT TARGED GROUT G y-oilmn., naa II, rOFT r wx.c�'o�z 13 SMOOTH -BACK LINER PLATES, SHAFTS & COFFERDAMS Smooth -back liner plates should be used with any construction procedure utilizing a full or partial shield, or a tunneling machine that will exert a force upon the liner plates for the purpose of propelling, steering or stabilizing the equipment. By eliminating the corrugations from stan- dard liner plates, folding or failure of the skin is vidually eliminated. This lining fits closely in the fail of a shield or mining machine. Longitudinal stiffeners can be added, if required, to resist additional thrust and to distribute it through several rings. It is rec- ommended that the shield be equipped with a lacking ring that will enable the forces to be applied uniformly to the plates. Smooth liner plates are available in 16" and 24" widths, with or without gaskets. Their design properties, which differ slightly from corrugated liner plates, can be fur- nished upon request. Every machine has a required jack thrust to propel and excavate the tunnel. Allowable thrust capabilities of the liner plate ring can be furnished upon request. Tarea'CCnSbu .-cee[MrvW'(aa Shafts, cofferdams, and excavations for large foundations are similarly subjected to ground and water pressures during construction. Liner plates have become standard sup- ports for shafts of smaller diameters in soft ground, essentially for reasons of savings in space and time to assemble. The working area is confined, to say the least, and space is at a premium. Thus, liner plates are par- ticulady advantageous. Our ring wall are used in very large cr en- ings together with sheet paling, or liner plates as required to support the ground during and after excavation. By eliminating cribbing and, for all but e�cepfional cases, strut bracing, the floor area stays unobstructed for the work of men and equipment. Spacing of walers vanes to accommodate loads as they increase or decrease in the same manner and for the same reasons steel ribs are placed on varied centers during tunnel censtmcton. The size and weigh of these wstore are also varied. Am. ... COMMERCIAL r..corporatea Depth of Experience rocor Bm olOoavaNAJv-son bero canal San Drop. CWbmla 14 AMERICAN COMMERCIAL 200 Morrision Blvd. • Bristol, VA 24201 • (540) 466-2743 • Fax (540) 669-0940 1032 East Chestnut Street • Louisville, KY 40204 • (502) 473-1010 • Fax (502) 473-0707 w americancommercial.00m Shotcrete Mocon Pacific Incorporated 200 Clifton Av TO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 r� 1 r 42 Inch Pipe Repair 7�� � p'L Mesa County Vr'. This severely deteriorated culvert was relined with I . inch thick high strength shotcrete. Using a camera equipped remote control track robot to pull in the hose this concrete pipe was ; relined in hours and put 16 �D►' back in service 12 hours latex. Pumping through 150 foot of 1-1/2 inch concrete hose the high strength water impermeable material was applied in 2 hours. The ma- terial gives the pipe a load hearing capacity of H84. 11 Information at Shotcrete Technologies Information at Shotcrete Technologies CDOT Shotcrete project complete in 20D4. Picture taken November 2021 Kristian Loevlie President 5hotcrete Technologies, Inc. 303-567-4971(0) 303-903-2426(M) Kristian@shotc retetechnologies. mm Shoring Support For Ceiling f J _. YC DAWAGID CND CULYCRT (rl EFQRYIAIION VM9*IS)A :N6 '0 IF itcuywr I.k :T b:AL cAMLLAft 3T .11 E} 1.1 CU.T (DALWE 5f1GT16N ONLYk Eh HSTAWNG 4%4 MOM PROPS Y S-0` C/C Lowrwmpu7 € C,LVEai ;I:FJ,; —8 — it CUP (CFFOWLD) "&-w UUCK *0 QD#R f]FARS I I TYPICAL CULVERT SECTION: CULVERT PREPARATION WALE 1 Mocon Pacific Incorporated 200 Clifton Av *PO Box 84' • Yampa, Colorado 80483 • Phone: 808-372-8751 • Fax: 808-951-4141 G J rE TUNNEL A T1 ■ -;•; \� \� BACKFILL GROUT ANNULAR VOID AS SPECIFIED. REFER TO NOTE 5 FOR LARGER VOIDS. OUTLINE OF CIRCUMFERENTIAL ?•.. /� \� • � FLANGE � � _,•' / MIN. TWO GROUT \� PORTS PER RING ' W — T2+ OA Lk� AT FOES] — TUNNEL f o I / � 1 FOUR -FLANGE BOLTED GALVANIZED STEEL LINER PLATES; 5 GAGE, 16 INCH LONGITUDINAL WIDTH; SMOOTH WALL / BITUMINOUS COATED REMNANTS OF EXISTING CORRUGATED METAL PIPE CULVERT NOT CONFLICTING Y WITH NEW LINER PLATE INSTALLATION �, • e ' • r• AND IN FULL CONTACT WITH SOIL MAY " REMAIN IN PLACE 10 INVERT CONCRETE WWF OR FIBER REINFORCED TYPICAL TUNNEL SECTION; COMPLETED INSTALLATION SCALE: 3/4" = 1'-O" N OTES: 1. PROVIDE 2" DIA. GROUT HOLE WITH PLUG IN A MINIMUM OF TWO PLATES PER COMPLETED RING. 2, CONTRACTOR SHALL MAINTAIN SOIL AND TUNNEL STABILITY AT ALL TIMES UTILIZING SUPPLEMENTAL SUPPORT MEASURES INCLUDING (BUT NOT LIMITED TO) POLING PLATES, BREAST BOARDS, SPILING, AND TEMPORARY POSTS AS NEEDED. ANY STABILIZATION GROUT (IF NEEDED AND APPROVED BY THE OWNER) WILL BE PROVIDED BY THE CONTRACTOR AT AN ADDITIONAL COST. 3. CONTRACTOR IS RESPONSIBLE FOR SAFETY, INCLUDING MONITORING FLOW CONDITIONS IN THE EXISTING CULVERT AND ADJACENT 174" CULVERT_ WORK SHALL BE PERFORMED ONLY DURING LOW FLOW CONDITIONS. 4, CONTRACTOR SHALL MAINTAIN 50% OF EXISTING FLOW CAPACITY THROUGH THE CONSTRUCTION ZONE AT ALL TIMES. 5. ANNULAR VOID BEHIND LINER PLATE AND SURROUNDING GROUND SHALL BE FULLY BACKFILL GROUTED. IF ENCOUNTERED, LARGE VOIDS AND AREAS OF POTENTIAL LOOSE SOIL SHALL BE FILLED AND STABILIZED BY ADDITIONAL GROUTING PER SPECIFICATIONS. 6. FOR GEOTECHNICAL INFORMATION, REFER TO GEOTECHNICAL REPORT PREPARED BY THELEN ASSOCIATES (DATED MAY 17, 2012). I I I EXISTING IN -SITU COMPACTED SOIL BACKFILL TYP. BACKFILL GROUT ANNULAR VOID AS SPECIFIED. REFER TO NOTE 5 FOR LARGER VOIDS. FOUR -FLANGE BOLTED GALVANIZED STEEL LINER PLATES; 5 GAGE, 16 INCH LONGITUDINAL WIDTH; SMOOTH WALL BITUMINOUS COATED SET LINER PLATE DIRECTLY ON EXISTING CMP WHERE POSSIBLE TO PROVIDE UNIFORM POSITIVE DRAINAGE SLOPE. WHERE NEEDED, FILL INVERT WITH GROUT TO RAISE INVERT OR REMOVE CMP TO LOWER INVERT TO PROPER GRADE. UNIFORM DRAINAGE SLOPE Y . � t. ' ' �' ! •., �- �� .:' a ..t'a '-!;• F. EXISTING CORRUGATED METAL PIPE (CMP) CULVERT; S GAGE; GALVANIZED 5"X1" CORRUGATIONS A SECTION: LONGITUDINAL ELEVATION SCALE: 3/4" = 1'-0" TUNNEL O' 1' 2' 41 GRAPHIC SCALE: 3/4" — 1'—O" ■C ■ IN ■ V: m I_1 I I I rL TUNNEL OUTLINE OF IDEAL �fi'-U" DIA. CULVERT I}- UTILIZE PADS. BLOCKING, OR • OTHER PROTECTIVE ITEM TO i�/��//��// PREVENT DAMAGING CMP SURFACE STABILIZE EXISTING CULVERT BY EXISTING INSTALLING PROPS AND STRUTS_ CMP CULVERT AS A MINIMUM, MAINTAIN A VERTICAL PROP IN THE CMP CULVERT WITHIN 5 FEET OF THE ADVANCING LINER PLATE TUNNEL HEADING. N $ TUNNEL (IDEAL) - - I - ----- - CMP (DEFORMED) VARIES REMOVE INVERT MUCK AND OTHER DEBRIS THAT MAY I INTERFERE WITH LINER PLATE INSTALLATION TYPICAL TUNNEL SECTION: CULVERT PREPARATION SCALE: 1/2" = 1'-0" CL TUNNEL UTILIZE POLING PLATES AS NEEDED B MINIMIZE OVEREXCAVATION BEYOND T2 INSTALL TEMPORARY BRACING LINER PLATES AS PRACTICAL �� AND CRIBBING AS NEEDED _ OUTLINE OF 6'-0" DIA. CUT CMP CONFLICTING WITH - CIRCULAR LINER PLATE CULVERT LINER PLATE TUNNEL; REMOVE ONLY PORTION NEEDED TO INSTALL NEXT LINER PLATE r r BLOCK AGAINST EXISTING \ r I STABILIZE LOOSE CMP AS NEEDED; MIN. \ TWO LOCATIONS NEAR UTILIZE BREAST IFNEEDED \\ SPRINGUNE EVERY 5 LF � BOARDS AS NEEDED y IF CMP WILL REMAIN IN PLACE - - - - Y \ $ TUNNEL {IDEAL} CMP (DEFORMED) TEMPORARILY STRUT EXISTING CULVERT AS NEEDED TO MAINTAIN STABILITY 1 EXISTING CULVERT �I TYPICAL TUNNEL SECTION: LINER PLATE INSTALLATION SCALE: 1/2" = 1'-O" POLING PLATES AS NEEDED BREAST BOARDS AS NEEDED COMPLETE LINER PLATE RING BEFORE EXCAVATING TEMPORARY PROP INSTALLED ` SUBSEQUENT RING DURING EXCAVATION SET LINER PLATE DIRECTLY ON EXISTING CMP WHERE POSSIBLE TO PROVIDE UNIFORM POSITIVE DRAINAGE SLOPE, WHERE NEEDED, FILL INVERT WITH GROUT TO RAISE INVERT OR REMOVE CMP TO LOWER INVERT TO PROPER GRADE. TEMPORARY BLOCKING �\� \� AS NEEDED REMOVE MINIMUM AMOUNT OF CMP THAT WILL ENABLE LINER PLATE INSERTION I I I I I I VERTICAL POST IN EXISTING CMP INSTALLED IN ADVANCE OF EXCAVATION - 4 5 TUNNEL 'EXISTING CMP CULVERT B SECTION: LONGITUDINAL ELEVATION SCALE: 1/2" 7'-0" O' 1' 2' V 4' iiii GRAPHIC SCALE: 1/2" = V-0" � C � C 90 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:15:30 The meeting was hosted in a Hybrid format, in -person at Avon Town Hall and using Zoom.us. Mayor Amy Phillips called the January 24, 2023 Council regular meeting to order at 5:15 p.m. A roll call was taken, and Councilors present were Mayor Pro Tern Tamra Underwood, RJ Andrade, Lindsay Hardy, Chico Thuon, Ruth Stanley, and Rich Carroll. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Chief of Police Greg Daly, Planning Director Matt Pielsticker, and CASE Committee Manager Danita Dempsey. 2. APPROVAL OF AGENDA Video Start Time: 00:15:54 Mayor Phillips initiated the meeting with the Agenda approval process. With no changes discussed, Councilor Thuon presented a motion to approve the Agenda. Mayor Pro Tern Underwood seconded the motion. It was approved with a 7-0 unanimous vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:16:17 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and no conflicts of interest were discussed or disclosed by Councilors. 4. PUBLIC COMMENT Video Start Time: 00:16:30 Public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via email. This public comment section is intended for items not listed in the Agenda. Participation by members of the public is limited to 3 minutes. Mayor Phillips asked if there was any public comment from those present in the room or on Zoom, and there were none. S. BUSINESS ITEMS 5.1. CULTURE, ARTS He SPECIAL EVENTS (CASE) COMMITTEE APPOINTMENTS (CASE MANAGER DANITA DEMPSEY) (15 MINUTES) Video Start Time: 00:17:00 CASE Committee Manager Danita Dempsey took the podium and stated there are 5 open seats for the Committee and 5 applicants present to fill them, 3 of which are returning committee members, and 2 who are new applicants. Ms. Dempsey suggested to Councilors that each applicant take the podium in person or through zoom, and Councilors direct any questions to them before taking a vote on their appointment and duration of their term. She introduced Thomas Walsh, a returning Committee applicant, who is seeking a 3-year appointment, and is a Professional Athlete, U.S. Olympic and Paralympic Committee, and U.S. Paralympics Alpine Skiing National A Team Member. He joined through Zoom. Mayor Phillips asked why he wanted the position and he answered that he felt engaged contributing a young voice to the Committee. Councilor Hardy asked him to talk about himself and his background. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO In addition to being an Avon resident and professional skier, he detailed his background in performing arts. She introduced Justin Chesney, a returning Committee applicant, who is seeking a 3-year appointment, Director of Meetings & Special Events at the Ritz Carlton Bachelor Gulch. He took the podium. Mayor Phillips asked why he wanted the position and he responded that he is a resident of Avon for 4 years, Board President of Mountain Pride and beneficiary of the Mi Casa Program, and brings a unique outlook to the Committee, adding he wants special events in Avon to be year-round. She introduced Calyn Rieger, a Service Owner Representative at EastWest, who is seeking a 3- year appointment. He took the podium. Mayor Phillips asked why he wanted the position and he responded that his main objective is to be an active community member, stating there's more to the Valley than just skiing. Councilor Hardy asked what his favorite event was which he answered was Mountain Pride. She introduced Danielle McNair, Director of Sales & Marketing at the Westin Riverfront Resort & Spa, who is seeking a 3-year appointment. She stated she has been a resident of Avon for the last 15 years. She took the podium. Mayor Phillips asked why she wanted the position and she responded that she wants more community engagement and to give back. Councilor Hardy asked what her favorite event was, and she answered with events at Nottingham Park. Councilor Hardy asked which events the Town needs to improve, and Ms. McNair said there were none she could think of at that time. Councilor Stanley asked out of all events, what she would consider a signature event, and she answered any event that engages all ages and is inclusive of all people. She introduced Lisa Mattis, President of CanDo MS, who is seeking a 3-year appointment. Mayor Phillips asked why she wanted the position. She responded that she is honored to do the work and is passionate about it. She added said she would like to be a part of the strategy and vision to mature the portfolio of special events. She stated that she'd like to see two more special events be added over the next two years. Councilors Hardy and Stanley asked what her favorite event is, and she responded with the Avon Live series and Man of the Cliff. After these interviews, Councilors voted by ballot as follows: Councilors Andrade, Hardy and Stanley had the minority vote to assign Justin Chesney to a 3-year term, and Thomas Walsh, Calyn Reiger, Danielle McNair, and Lisa Mattis to a 2-year term. Councilors Thuon, Carroll, Mayor Pro Tern Underwood and Mayor Phillips had the majority vote to assign Thomas Walsh to a 3-year term, and Justin Chesney, Calyn Reiger, Danielle McNair, and Lisa Mattis to a 2-year term. Mayor Pro Tern Underwood presented a motion to approve the appointments as voted by ballot majority, to appoint Thomas Walsh to a 3-year term, and Justin Chesney, Calyn Reiger, Danielle McNair, and Lisa Mattis to a 2-year term. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.2. CONTINUED: FIRST READING ORDINANCE 23-01 AMENDING LANDSCAPE REGULATIONS (SENIOR PLANNER JENA SKINNER) (45 MINUTES) Video Start Time: 00:36:45 Senior Planner Jena Skinner took the podium and presented the first reading of Ordinance 23- 01 amending landscaping regulations. She stated this Ordinance now includes Council feedback given in the previous Council meeting. Town Manager Eric Heil added that this ordinance now only applies to new construction landscape regulations and that a second separate ordinance will cover existing properties' future compliance with these updated landscape regulations. He explained the rationale behind separating both ordinances is to separate the two discussions. He added a recommendation to Council that the second reading of this ordinance be scheduled a month out, on the February 28 Council meeting, to allow a month -long public comment period. Ample discussion among Councilors ensued. Councilor Andrade asked staff to clarify what the definition of a major redevelopment is. Councilor Carroll asked staff to explain how they determined the 7.5 gallons of water standard. Councilor Carroll asked for an explanation of how a one -meter single-family home can distinguish irrigation from regular water consumption. Councilor Thuon asked what if anything could be done to curb consumption of those residences that consume tremendous amounts of water. Mayor Pro Tern Underwood asked how the 7.5 gallon per square foot per season requirement relates to different hydrazones. Staff provided answers to these questions. Mayor Pro Tern Underwood stated that establishing a maximum square footage of landscaping to this ordinance is desirable. Town Manager Heil clarified that this concept is not yet mature enough to be included in this ordinance, and that it is recommended to approve it as presented, ahead of the end of winter. She then asked that the language of the provision relating to chokecherries and service berries in subsection D of page 70 of the council packet be revised in the affirmative or positive form. Public comment included that of local resident of Eagle, Yuri Kostick, who participated through Zoom. He stated he is a landscape architect and former Councilor and Mayor of Eagle. He added that many people are already designing water -wise landscaping with native plants. He expressed support for the ordinance. In -person public comment included that of Tim Friday with the Eagle River Water and Sanitation District who expressed support of the ordinance. He added information on financial incentives for turf replacement to owners of single-family homes available at erwsd.org, which provides rebates of $1 per square foot of turf replacement, no limit until funds run out. No other public comment was made. Councilor Hardy added that denverwater.org is a good resource to view information on xeriscape. She asked for the Town of Avon to lead the way. Town Manger Heil advised that the Town has applied for a grant to obtain an assessment of existing landscape so that it can implement 5 or 6 xeriscape demonstration gardens for the community. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Underwood presented a motion to approve the first reading of Ordinance 23-01 and schedule the second reading for the February 28 Council Meeting. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 5.3. WORK SESSION: JUNE CREEK EMERGENCY ROUTE PLANNING (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) Video Start Time: 01:13:13 Planning Director Matt Pielsticker took the podium and presented the slide presentation related to the June Creek Emergency Route Plan. Ample discussion was had among Councilors on the topic. Mayor Pro Tern Underwood asked if the route encroaches on private property and Pielsticker stated it does not appear to, but a survey will be completed to confirm this. Mayor Phillips asked if this egress is used as the emergency evacuation route, which it is. Councilor Carroll asked if the road would need widening, which it will. Director Pielsticker explained this has been and will continue to be a complex process given that there are many layers of approvals from the Eagle Valley Land Trust, Berry Creek Metro District, Eagle County Planning Commission, and the Forest Service. He added they will continue to push forward to secure all regulatory approvals for the route. Town Manager Heil added that the Town appreciates the urgency of the route. Director Pielsticker mentioned there will come a time to discuss the cost of executing the improvements to the route. Mayor Pro Tern Underwood asked who controls access to the gates, and Chief Daly answered they are secured with combination locks with access limited to emergency services and metro staff. She also asked staff for a map that shows where these gates will be, and for documentation to be precise with references to June Creek Trail, June Creek Trail right-of-way, and the June Creek access easement. She also asked for an estimation of cost the next time the topic is included in an Agenda. Councilor Thuon suggested the gate would be nicer if it was brown instead of green. Mayor Phillips requested that the map presented be as precise as possible and include the path to follow in case of a fire emergency. She closed discussion highlighting the path's life -safety relevance. No public comment was made in person or on Zoom. 6. MINUTES 6.1. Approval of December 13, 2022 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) (5 Minutes) Video Start Time: 01:40:32 pm With no discussion or correction, Mayor Pro Tern Underwood moved to approve the minutes from December 13, 2022, as presented. Councilor Andrade seconded the motion. It was approved with a 7-0 unanimous vote. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.2. Approval of January 10, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) (5 Minutes) Video Start Time: 01:41:09 pm With no discussion or correction, Mayor Pro Tern Underwood moved to approve the minutes from January 10, 2023, as presented. Councilor Andrade seconded the motion. It was approved with a 7-0 unanimous vote. 7. WRITTEN REPORTS 7.1. Fourth Quarter 2022 Department Goal Update (Town Manager Eric Heil) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Quarterly RETT Report (Accountant I Carly Fackler) 7.4. E-Bike Rebate 2022 Program Update" (Communications Manager Liz Wood) 7.5. Draft January 19 Culture, Arts & Special Events Committee Minutes (Special Events Coordinator Chelsea Van Winkle) 7.6. November 15 Health & Recreation Committee Minutes (Recreation Director Michael Labagh) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:41:39 Councilor Carroll suggested that the Town of Avon prepare to host a celebration for Mikaela Shiffrin, given her 83rd career victory that surpasses the record set by Lindsey Vonn and places her on the heels of surpassing the record set by Ingemar Stenmark. He also suggested a letter from the Town be published when she breaks that record, which Mayor Pro Tern Underwood and Mayor Phillips both supported. Town Manager Heil stated that CASE Manager Danita Dempsey will put some thoughts together to celebrate the occasion. 9. EXECUTIVE SESSION (90 MINUTES) 7:10 9.1. An executive session pursuant to CRS 24-6-402(4)(b) and (e) for the purposes of receiving legal advice from the Town Attorney on specific legal questions and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators more specifically related to the Wildridge-June Creek emergency access and egress, former Office Depot commercial space, Lot B-Benchmark Subdivision, Village (at Avon) potential Community Housing Projects and United States Postal Service. Video Start Time: 01:44:13 pm With no further discussion, at 6:44 p.m. Mayor Pro Tern Underwood moved to enter Council's executive session and relocate to the Holy Cross meeting room. Councilor Carroll seconded the motion. It was approved with a 7-0 unanimous vote. The recording concluded with Mayor Phillips advising the public that no further action will be taken after executive session. In addition to all Councilors, present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, and General Government Manager Ineke de Jong. The session was held in the Holy Cross meeting room beginning at 6:55 p.m. and ending at 8:18 p.m. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 24, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:18 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips Tamra Underwood Chico Thuon Scott Prince Lindsay Hardy RJ Andrade Ruth Stanley Rich Carroll HEALTH AND RECREATION COMMITTEE MEETING MINUTES Avon TUESDAY, JANUARY 17,2023 HY� Sri r.vury iuvvry nr.��Hrvu VIA ZOOM ROLL CALL Present- Committee Members: Committee Chair Kevin Hyatt and Committee Members, Lisa Post (virtual), Nancy Tashman and Pam Warren Staff. Recreation Director Michael Labagh, Planning Director Matt Pielsticker, Aquatics Superintendent Kacy Carmichael, Recreation Services Superintendent Jerrica Miller, Recreation Services Supervisor Mike Atencio and Town Manager Eric Heil Town Council: Councilor Ruth Stanley (virtual) Norris Design: Senior Associate Lindsay Newman and Principal Megan Testin Barker Rinker Seacat (BRS): Facility Performance Advisor John Bamholt Absent - Committee Members: Kathy Ryan and Pat Nolan Town Council: Councilor RJ Andrade Committee Chair Kevin Hyatt opened the meeting at 10:01 a.m. 2. APPROVAL OF THE AGENDA Recreation Director Michael Labagh proposed an additional agenda item 5.1 Health & Recreation Committee Update. Committee Member Pam Warren motioned to approve the agenda for the January 17, 2023, meeting with the update and Committee Chair Kevin Hyatt seconded the motion to approve the agenda. Recreation Director Michael Labagh declared the agenda approved. 3. APPROVAL OF THE NOVEMBER 2023 MEETING MINUTES Committee Member Pam Warren made a motion to approve the minutes from the November 15, 2023, meeting, Committee Member Nancy Tashman seconded the motion and Recreation Director Labagh declared the minutes approved. 4. PUBLIC COMMENT No public comments were made. 5. BUSINESS ITEMS 5.1 Health & Recreation Committee Update Recreation Director Labagh informed the committee that Committee Member Jose Chavez has resigned from his position from the Health & Recreation Committee. He is now employed by the Town of Avon as a Drop -In Sports Attendant. 5.2 Recreation Department Update Recreation Director Michael Labagh stated the Recreation Department finished 2022 strong, with record levels of admission revenue and attendance and two successful membership and punch card sales. Not the highest sale year ever, but solid sales compared to recent years. The Avon Recreation Center has been a "Best of Vail' finalist 3 out of the last 4 years for'Best Workout Spot' and Harry A. Nottingham Park was named a finalist for'Best Family Entertainment' HEALTH AND RECREATION COMMITTEE MEETING MINUr s, JANUARY 17, 2023 PAGE 1 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES Avon TUESDAY, JANUARY 17,2023 TOWN HALL AND VIA ZOOM CO L0FA�a Labagh informed the committee that ice skating on Nottingham Lake opened January 3b. Operations have been weather dependent and staffing dependent, but Staff hope to operate the rink through the end of February. He let the committee know that ice rink updates and status can be found at Avon.org, social media channels or by calling the recreation center front desk. The Committee and Attendees commented/inquired: A. Committee Member Pam Warren asked if ice skating is a profit center? In terms of liability, does it affect insurance costs? B. Committee Member Nancy Tashman— Is there an update on treadmills and equipment? C. Committee Member Pam Warren inquired how many pieces of equipment are down per month, as it seems its been high lately. Is it supply chain, maintenance, or parts? How is it communicated, do the users understand? It's not a criticism of you, but do they understand? D. Committee Member Nancy Tashman stated that some users choose not to understand the reason behind their inconvenience. E. Committee Member Pam Warren inquired about the water pressure at the Avon Recreation Center. She has heard concerns from male colleagues and would like to know more about the issue. Recreation Director Michael Labagh explained that the goal is to break even but providing ice skating on the lake has been identified as an important and justified service for the Town. Our current insurance covers ice skating as it is not above and beyond the risks already covered. Participants are required to sign a liability waiver prior to using the ice rink. Recreation Director Michael Labagh replied that the status of the equipment is communicated on the "out of order^ sign, and he has found that patrons understand supply chain issues because of their own experiences with delays purchasing everyday items. One of the treadmill companies have gone out of business so it's been difficult to process warranty claims and obtain parts. Anyone who asks is provided with in depth details, but we can look for ways to better communicate these challenges. Recreation Director Michael Labagh explained that the building water pressure is working as it should. Shower heads were upgraded to a lower gallons per minute rating to meet Town climate action goals, but there are still some malfunctioning shower handles. The Building Technician Team have been made aware of the issue with the handles. 5.3 La Zona Planning Project Presentation Recreation Director Michael Labagh announced the potential Recreation Center expansion, and connection of the pedestrian mall is exciting to share with the Health & Recreation Committee. He then introduced Planning Director Matt Pielsticker who gave a recap of the preparation for La Zone conducted so far. A site walk was conducted in July with staff from Public Works, Recreation, Planning and Designers. In the Fall discussion was paused and started back up in December. The Health & Recreation Committee is the first group to hear this information, a packet went out on Friday 1/13/23. The grand launch of this project will be next month at Town Council and encouraged Committee Members to provide feedback. Tract G includes the Library, old Fire Station and Recreation Center. Anything that developed on the 40 acres of Tract G is intended to meet the needs of the whole town. Housing was considered as a replacement for the Fire Station, but it has been determined that idea does not serve the highest amount of people. He continued to explain, there are lots of great ideas for the Fire Station, but not everything needs to fit into the La Zone area. The Town also has land development opportunities at Swift Gulch, Village at Avon and land plot P3. HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 21 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AV O TUESDAY, JANUARY 17,2023 1 Nr r.vury ruvvry nr.��Hrvu VIA ZOOM CO�OFABC The Recreation Center expansion has been envisioned since it was originally built. A ballot measure was attempted in 2014 and was narrowly defeated, but this time around there will be a more serious plan. He continued to inform the group that the old Town Hall site will be re -bid out to external contractors. La Zone is a buzzword and includes anything east of Lake St in Tract G, the zone between Lake Street, the Fire Station, and Recreation Center. La Zone is the "heart of the heart" or some ventricle of the heart. It's the transition zone to Nottingham Park. The goals of the project am to determine the redevelopment of 351 Benchmark Rd, Recreation Center expansion, and the Main Street Mall extension. The next steps include community meetings, surveys, planning commission & Town Council Review, Consensus and Design process. In 2014 the Recreation Center expansion did not include expanding aquatics but did include expanding to include a gymnasium. Recreation Director Michael Labagh added that Recreation Staff conducted a patron survey last year and used the results from the 2021 Town of Avon Community Survey as a starting point. Extensive staff interviews were also conducted. John Barnholt from BRS continued in his explanation of Option 1 including the redesign of the west studio to become child watch, important to note it will not be childcare space. He provided an example that hours could be 8:00 a.m.-noon, Monday through Saturday, or 4:00-7:00 p.m. Monday through Thursday leaving lots of extra time to use that space for other purposes, like meetings or classes. The current functional space could turn into an aerobics and dance studio. The cardio space would not change, but the weight room space would become a multi- use room. John explained further that Recreation Director Michael Labagh has stressed that staff space is limited, people working elbow to elbow. Adding more programming and child watch means more space needed for staff. If dedicated administrative space can be expanded from 2500 sq. ft. to house most of staff workstations, open workspace can be shared. John Bamholt presented Option 3, where the lobby would extend to the west and a 40- foot climbing wall would be added. Option 4 was presented and would include a new spa, and removing the existing spa. The spa would be two tiered with an elevated level, so there is a family spa and an adult -only spa. The space for the existing spa could become more deck space, staging for school groups, or a birthday party. John Bamholt continued his presentation starting with a new waterslide that could go partially to the exterior of building and loop back into the pool area. Recreation Director Michael Labagh added the detail that the slide is original, now 27 years old. The water slide has been refurbished 3 to 4 times with structural additions. The slide flume was refurbished in the Fall of 2022. He has observed if the slide can go outside the building it could remove blind spots for lifeguards and add space for more spray features. The waterfall is not currently working, and a slide extending outside the building can add curb appeal. John Bamholt continued to present the multi -purpose pool that can be used for competition, adding drop slides, slack lines or other attractive features for teens. The expansion of the lobby would be important for the addition of a new pool. Avon Recreation Center would need new, smaller locker rooms for swim competitions. This area would include pool support and a new lifeguard office to have a view on the recreational water, competitive swim lanes and spa area. The Committee and Attendees commented/inquired: F. Committee Member Pam Warren asked the Norris Design representatives if they have designed other facilities? What are some of the key takeaways beyond the design that we can communicate to the taxpayers? HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 31 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AA TUESDAY, JANUARY 17,2023 r Nr r.vun ruvvry nr.LLHrvu VIA ZOOM Co Lo F ABC G. Committee Member Pam Warren inquired about the change in square footage and how it compares to current square footage? H. Committee Member Pam Warren added that the aerobics/dance studio was valuable space lost. It would be great to get that back. She then inquired if the entrance to the building would change? I. Committee Member Nancy Tashman asked Recreation Director Michael Labagh how will this be funded? J. Committee Member Pam Warren inquired if those are current pricing numbers and ifthere a plan for price escalation? K. Committee Member Nancy Tashman agreed that administrative staff space keeps the building functioning. L. Committee Member Pam Warren asked if that would take away windows for the kids' space? M. Committee Member Nancy Tashman inquired if the climbing wall could be used competitively? N. Committee Member Pam Warren inquired about where are the climbing gyms in the county? She is aware of Gypsum, Edwards, Eagle, but what about Vail? Is climbing really a pronty and inquired if there was data to help understand what level priority the climb wall is. 0. Committee Chair Kevin Hyatt stated he would personally enjoy the spa, not the climbing wall. P. Committee Member Pam Warren inquired if there is any way to build an upper -level walking track around the interior of the existing pool area? Q. Committee Member Pam Warren inquired about a parking garage, and if it is possible to put pickleball courts on top or soccer fields. R. Committee Member Pam Warren stated it may be an easier sell because the demand is so high, like Vail's parking center with the kids play area and skate park. S. Committee Chair Kevin Hyatt stated he is a fan of all this, but we need to look at what generates money, like birthday parties at Gypsum Recreation Center with their gymnastics area foam pit, bounce castles, etc. If we promote that we have birthday parties, money will waterfall in. T. Committee Member Pam Warren stated that we need look at how we can generate revenue. Where are the competition pools around here? U. Committee Member Nancy Tashman inquired what is the life expectancy of the recent refurbishment? V. Committee Member Pam Warren inquired what about staffing? Housing is a huge cencem. If we build it, who will staff it? It's another piece of the equation people need to consider. W. Committee Chair Kevin Hyatt agreed, where are staff going to live and shower? X. Committee Member Pam Warren stated her question about the big pool, could it be an indoor/outdoor pool with a bubble over it? Committee Member Pam Warren commented she thinks it would be great to swim outdoors in the summer or hold a swim meet outdoors. Y. Committee Member Pam Warren stated she thinks that is a great idea to present, people will want an indoor walking track, basketball courts, gymnasium, pickleball, and a meeting center. She stated she is not sure which will generate more revenue or interest. Other committee members agreed. a. Norris Design have been involved in several other facility designs with BRS. John Bamholt responded that BRS designed Mountain Recreation facilities, Montrose Recreation Center, and other recreation centers along the front range. The Recreation Center is almost 28 years old, and some areas have a high demand driving this planning process. At the northeast comer of building, we could create a two-story addition focused on fitness. Right now, the weight room is on the second floor right over the locker rooms so causing some stress on the locker room below and is not large enough. It would be moved to the ground level in the new area. HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 41 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES _ _O TUESDAY, JANUARY 17,2023 Avon r uvvry nr.��tvrvu VIA ZOOM CO�OFArc b. Jahn Barnholt from BRS replied stating the new space would be 2,700 sq. fit approximately. The current space is about 1,800 sq. ft, so space for fitness would increase. Square footage estimates are included after each option. c. Recreation Director Michael Labagh responded saying the Town is hoping to complete some of these projects with Capital Improvements Funding or government financing. A general obligation bond would be put to the public and at the earliest would be voted on in the Fall 2024. d. Planning Director Matt Pielsticker expressed confidence that the first few options can be financed, but Town of Avon will need to go to the voters for aquatics upgrades or gymnasium addition. e. John Bamholt from BRS responded prices are estimated based on the current market. f. Recreation Director Michael Labagh told the committee Avon Recreation Center is already transforming into a community center. He observes people playing chess, reading books, or conducting remote work using the Wi-Fi while their kids swim or use the rack wall. g. John Bamholt from BRS confirmed Recreation Centers BRS builds are trending toward a focus on passive use lobby space. h. John Bamholt replied stating climbing walls can be as competitive as you make them. i. Recreation Director Michael Labagh mentioned Eagle Climbing and Fitness, Avon Recreation Center has a small bouldering wall, Gypsum Recreation Center and Edwards Fieldhouse has a climbing/bouldering walls. j. Recreation Director Michael Labagh agreed with committee members' points, stating we could make it differentiated to attract people to use it. All these ideas are on the table, it could create opportunities for birthday parties, attracting tourists, or even outsourcing programming using community partners, etc. k. Planning Director Matt Pielsticker stated the phasing of a potential expansion is intentional. I. Lindsay Newman from Norris Design added that she appreciates data and will need to collect community outreach to get real data driven info about what the community is looking for. This presentation is just the start. m. Lindsay Newman from Norris Design replied the voters are the target audience, ultimately. n. John Bamholt from BRS stated an indoor walking track around the upper level of the pool area would not be a healthy place to exercise because of humidity and chemicals. o. Planning Director Matt Pielsticker agreed it is sort of related to this discussion, a parking structure makes sense for events and other needs. p. John Bamholt added that the building is not structurally made for a walking track and the retrofitting is not practical. q. Recreation Director Michael Labagh stated the new slide could be multi -color and translucent, showing the shadow of the rider go by from outside the building. r. Recreation Director Michael Labagh replied stating the closest competition pools are the Glenwood Springs Community Center and Silverthorne Recreation Center. Swim meets bring in hotel guests, restaurant dining, etc. We don't have exact data on potential swim meet revenue. s. Recreation Director Michael Labagh stated we understand pool staffing is an issue, we have had to adjust hours of operations but have returned to mostly normal operations. t. Recreation Director Michael Labagh responded stating a retractable roof is an option, with a large price tag, another $1-2 million. HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 51 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AA TUESDAY, JANUARY 17,2023 _ .iV(�ry rvvvry nr.LLtvrvD VIA ZOOM coot H�� von u. Recreation Director Michael Labagh responded to Committee Member Pam Warren's comments stating that it sounds like we should include the gymnasium as an option for consideration. Committee Break-5 minutes Megan Testin from Norris Design started by returning to the topic of data and selling these ideas to the public. Health & Recreation Committee members will be "in the know' and can help with communication. We will also create pillars of clear and clean messaging. We here understand all the details, but the public outreach plan will have talking points, and really a brand of its own. We are telling the story and it needs to be clear and supported by data. We must have a reason, and the data makes it authentic. To us this is fun, Avon has so much to offer. How can we connect the gondola, the highway, and the recreational area. The pedestrian mall is the transition. Lindsay Newman from Norris Design mentioned the in-depth walk through in July helped identify the concept view. There is great sidewalk connectivity, but the blue sections on the map could use improvements. They are looking at how to activate the mall more, bring in shaded seating, and deal with the sections that are private property. On the East side by Benchmark Rd, they are looking at how to create gateways and space for play. Megan Testin from Norris Design mentioned the area outside the Recreation Center as being playful with visual vernacular; the Recreation Center is colorful and playful. These styles clash with the style of the statues in the roundabouts. Once people know about the park, it's great, but with gateways it doesn't have to be "discovered". Lindsay Newman from Norns Design continued the presentation with 9 options on the list for the old Fire Station. Flexible space for community and events like hosting a wedding, offices for Recreation Center employees, host an art show, etc. This spot has amazing views and is anchored on a comer. The idea is to serve the whole community. Norris Design reviewed the three options for the old fire station site: a skatepark, events/community building and pickleball courts. Megan Testin from Norris Design presented the third idea to add pickleball courts. She stated this is not a great fit because pickleball is loud and it would be right next to the library typically at 70 decibels or more. Lindsay Newman from Norris Design stated they looked at other types of buildings including a daycare, ice rink, but it would be less than half of a competition sheet of ice, and a half -sized skate park with parking. A packing lot alone would be 50 spaces. She stated it is a beautiful connection there now from the pedestrian mall to the pack, do we want to min it with a parking lot? She asked the Committee to be cognitive of the gateway/door/artery. Recreation Director Michael Labagh requested feedback from the Committee about their thoughts on the options presented. The Committee and Attendees commented/inquired: Z. Committee Member Pam Warren inquired about parking for access to these gateways? AA. Committee Member Nancy Tashman stated she never thought of it that way, with the pedestrian mall. BB. Committee Member Pam Warren inquired if the old Fire Station must be tom down? Donovan was a great idea and beautiful for weddings. The revenue is important. CC. Committee Member Pam Warren stated there should be a place to gather and drink on the roof. DD. Committee Chair Kevin Hyatt explained he runs a horse drawn carriage business and has hosted weddings in all kinds of places. EE. Committee Member Pam Warren stated a skate park is not a revenue generator. FF. Committee Chair Kevin Hyatt stated there are skate parks in Edwards and Vail. He also stated that kids cannot drive. GG. Committee Member Nancy Tashman added that would require more parking. HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 61 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AV O TUESDAY, JANUARY 17,2023 .J AT AVGry rvvvry nr.L�rND VIA ZOOM cO�OFArc a. Megan Testin from Norris Design agreed gateways are needed to show how to get to the park, where to park vehicles, and then how to walk to the park. b. Megan Testin from Norris Design stated the crosswalkjust dead ends into a tree. The mural and the waterslide could be the landmarks that help direct people to the park. c. Lindsay Newman from Norris Design answered in the affirmative to her question about tearing down the Fire Station. d. Megan Testin from Norris Design stated that it is comfortable to be in Avon without a car because people can walk anywhere. e. Recreation Director Michael Labagh reminded the Committee there is also the terrace that can be rented out, including for weddings, but with no rain plan. f. Lindsay Newman from Norris Design mentioned there are not a lot of skate parks nearby. g. Megan Testin from Norris Design stated that a skatepark can be used by teens who are using transit or walking can get there and it is safe being close by the Recreation Center. We understand it is not a revenue generator. Town Manager Eric Heil arrives, 12:01pm HH. Committee Member Pam Warren stated she would reiterate her opinion for Town Manager Eric Heil to hear. She feels these are great options, and the Fire Station is prime real estate. Thinking about how to best use prime real estate that also generates revenue; brings people to town. Donovan generates a lot of revenue. A beautiful center that could also serve as a community space, then we provide the data to support it. A skatepark could be put anywhere. She would argue against it. Also, we already have pickleball. If we are going to expand the Recreation Center, add a gym for pickleball and walking track instead of a pool. I want to thank the designers for doing a great job presenting the big picture, then all the options with their corresponding price tags. This has been very worthwhile, lots of great information. We do not want to hear, "Its going to be $60 million and you're going to like it". It. Committee Member Lisa Post said she is leaning toward a parking lot as a 5-10-year short term solution while we figure out what else to do with that space. JJ. Committee Member Lisa Post added she does not think a skate rink, or pickle ball court is a good idea. KK. Committee Member Nancy Tashman inquired if there was any option for parking underground? LL. Committee Member Pam Warren inquired about space above the parking garage, such as for housing? a. Town Manager Eric Heil explained to the Committee he had a nail in his tire, and apologized he was not present for the beginning of the meeting. He addressed Committee Member Pam Warren, stating she has made these same comments before, so her feedback will be included. There has been a lot of discussion of comparing daycare, parking, housing, event center, and a skate park. We are favoring Recreation. Town of Avon could sell the property, but we can't create more public space. Lincoln center at Central Park, which is three stories high, is a nice venue. A skate park fits nicely with the Recreation Center. If we look at building an event center, we must look at cost to build, staff, operate, and maintain. He is not convinced it would be revenue generating. But we don't have an indoor event center that can be used year-round, and it also adds to parking needs. The skate park is less expensive and may not require more parking. More analysis could still be done. The stage was built with a "field of dreams" approach, which is a sore spot. An event center plan would need to be fully vetted. HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 71 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AV O TUESDAY, JANUARY 17,2023 i Ni r.vun ivvvry nr.��Hrvu VIA ZOOM CO�UrH,. Recreation Director Michael Labagh added to the conversation stating Walker Consultants can help with determining feasibility for parking structure. He also thanked the Committee Members for their comments. Town Manager Eric Heil replied no, not yet, but it's come up and it might be beneficial. Walker parking is well respected, it might be worth it for their conceptual design. Underground means we need to think of airflow, plan for potential leaking issues. The recent structures in Vail were around $100 million. Town Manager Eric Heil responded we will look at it, and it was included in plans before. We could probably build a second floor, and a future for a third floor. In Silverthome there is a new parking structure, we will get information on it. Putting things on top means need for even more parking and makes the structure more complicated. Megan Testin from Norris Design continued the presentation directing the Committee to view Mikaela Way on the screen. She stated it is a fizzle spot, it needs "place -making" and "activation". A pedestrian should know to cross the street and cars should be aware of the crosswalk. The idea is to have a spot to linger with small kids, and then continue to the park. A long walk is tiring, but if there is something fun, they will be energized. Lindsay Newman from Norris Design added that this could be a place to see the waterslide. Megan Testin from Norns Design pointed out that the play area of the childcare blocks the viewpoint, along with their fruit tree. Lindsay Newman from Norris Design stated we want to use patterns seen throughout town to cue drivers there is a crosswalk. Megan Testing from Norris design pointed out the triangle shape outside town hall could become anode . It could have shade structures, tiered seating, informal community gathering, adult play features like adult swings to sit and talk on the phone. Potentially a monument with a water feature. Interestingly people don't use formal seating as much as they use informal seating. Megan Testin from Norris Design continued with her presentation explaining that camp kids could take a field trip to this space and play with sidewalk chalk. Lindsay Newman explained we can utilize lighting and temporary features like art installations to engage the local art community. Megan Testin added that Lettuce Shed Lane plays off the history of the area. There is evidence that kids are losing their understanding of natural resources. The Committee and Attendees commented/inquired: MM. Committee Member Pam Warren commented that in Vail they have tiered seating with a fountain and it's true, there's congregation and kids playing in the water. NN. Committee Member Pam Warren commented that Vail has puzzles in the sidewalk to get kids to think about symbols and how to solve the puzzle. It's relatively inexpensive, maybe. Its a cool way to direct them through. I have seen steps that make sounds too. There could be signs that teach about animals to engage families, that could be inexpensive too. Walking Mountains might be able to come up with educational components. It could be fun and engage kids in learning. 00. Committee Member Nancy Tashman commented saying Beaver Creek has a five senses trail. PP. Committee Member Pam Warren commented saying not everyone will get engaged, but the hotels concierge could provide a trail booklet with free hot chocolate if you complete it. There are ways to measure your success. 00. Committee Member Nancy Tashman inquired where are you envisioning drawing people from? The pedestrian mall doesn't connect to parking or the transit center. HEALTH AND RECREATION COMMITTEE MEETING MINurrEs, JANUARY 17, 2023 PAGE 81 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES AV O TUESDAY, JANUARY 17,2023 .J AT AVvn ruvvry nr.LLtvrvu VIA ZOOM CO�OFArc a. Megan Testin from Norris Design replied that yes, this is important, so people understand where the gateway to the pedestrian mall is. People coming from the gondola could be using this pedestrian mall. b. Lindsay Newman from Norris Design added that alerting people they can use this mall for walking to connect to where they are going. It's a crossroads. c. Recreation Director Michael Labagh replied to Committee Member Pam Warren stating it's a great component, referring to art installations for education. He mentioned storm drain art will come back after winter. d. Town Manager Eric Heil added that we have two lots up for development. The space next to Bob's and the grassy area by the Sheraton, will be developed for housing, zoned for condos. Lindsay Newman from Norris Design continued the presentation stating the pedestrian mall entrance could be a farmers' market, a concert or an art show. The statue could be moved, creating a space to enter the main street mall and bring them to the park excited. Lighting can help draw people in. We want to make it stand out and draw people in. The transition is like an ombre, in concept form. Planning Director Matt Pielsticker commented saying the statue was supposed to be a we to draw people in, but maybe it is an impediment. Megan Testin from Norris Design continued saying lighting makes people feel safe and comfortable. We are essentially bringing them into an alley. Lindsay Newman from Norris Design showed the committee the next slide of the presentation with the schedule. They will meet with the library next. Then return Thursday to talk to the CASE committee. March will be the time to analyze data collected. Town Manager Eric Heil stated we have a loose design, but it's important to understand an event center is more expensive than a skate park. When we bring up a ballot question, it has a different set of politics. We by to look at all the things we've heard over the years. If there is consensus on building a parking lot, we could get that done quickly. More expensive means more community engagement and a longer planning process. The Committee and Attendees commented/inquired: RR. Committee Member Pam Warren stated it's certainly a process and won't be easy, but the team has done a great job getting us to this point. SS. Committee Member Nancy Tashman inquired what would we do with an event center when not in use? TT. Committee Member Pam Warren inquired if we can really make it work with childcare and an event center? UU. Committee Member Nancy Tashman inquired about parking north of 1-70, is there a plan for that? VV. Committee Member Nancy Tashman inquired if we build a multi -level parking structure, how many spaces would it provide and would it even be enough? WW. Committee Member Lisa Post inquired is there any reduction in parking with that design? XX. Committee Member Pam Warren commented saying, you know people don't read. Figure out where you want to focus and provide lots of open houses. The pool, families with children who need daycare, etc. There is a diversity of opinions in the town. YY. Committee Member Pam Warren commented saying the Recreation Center could be good for other topics too since people are already there. ZZ. Committee Member Pam Warren commented saying one group should not become the local voice. We can't make everyone happy, but it should be data driven. Are we hearing from everyone? AAA. Committee Member Pam Warren replied saying we need to prove the multi -use piece. It might not be the right answer, but we need to sell it to the community. Your ideas are all solid, and surveys will help. HEALTH AND RECREATION Comm TIEE MEETING MINUTES, JANUARY 17, 2023 PAGE 91 10 HEALTH AND RECREATION COMMITTEE MEETING MINUTES Avon _O TUESDAY, JANUARY 17,2023 v tvr r.vun rvvvry nr.��tvrvu VIA ZOOM COLORADC BBB. Committee Member Nancy Tashman inquired about a childcare center, is there any progress for one off Post Rd? CCC. Committee Member Nancy Tashman stated if that is a large facility, will that take some pressure off building a childcare? a. Town Manager Eric Heil responded saying that is a great question, we would want to use it as much as possible. b. Megan Testin from Nonis Design added that they could build in partitions that could be moved to separate internal space. c. Town Manager Eric Heil referenced the Salida Steam Plant, an indoor/outdoor wedding center, and Bluebird could be an example. We can look at size, how it could serve as a wedding venue, conference space extended to the Seasons across the way. If we get another hotel, we might have more need. d. Recreation Director Michael Labagh added that the Recreation Center staff would host programs as much as possible. Eagle County Healthy Aging would use it, Mountain Youth, Youth Power 365 would also want to expand their youth programming. e. Town Manager Eric Heil stated hotels will need to build their own parking. f. Planning Director Matt Pielsticker stated that just to demolish the Fire Station is going to cost seven figures. It's an interesting idea to do temporary parking. g. Lindsay Newman from Norris Design commented that an unintended consequence is taking the parking away later. h. Town Manager Eric Heil replied saying we could find a way to communicate it so people can look forward to what comes next. Town Manager Eric Heil stated an open house at the Recreation Center that is Recreation focused would be a good idea. i. Megan Testin from Nonis Design stated the online survey produces different results than in person surveys at the Recreation Center. The pickleball club got a hold of the online survey and dominated the responses. j. Planning Director Matt Pielsticker inquired of Committee Member Pam Warren if that is why she is leaning toward the event center? k. Town Manager Eric Heil replied saying what complicates it is childcare is a different level of requirement than child watch. Working with Recreation Director Michael Labagh we narrowed down to what we really need, more cardio space and more multi -use space. That part is not complicated and its what we need to do to keep the Recreation Center current. Not every community need has to fit into these two spaces. Avon's eady childhood education needs are for (x) number of spaces. Planning Director Matt Pielsticker informed the committee that this will not be the only time they get to discuss La Zone. Recreation Director Labagh thanked the committee and staff for their involvement and their time. 6. ADJOURNMENT Committee Member Nancy Tashman motioned to adjourn, and Committee Member Pam Warren seconded the motion. Committee Chair Kevin Hyatt declared the meeting adjourned at 12.58 p.m. Respectfully Submitted by Kacy Carmichael Aquatics Superintendent HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JANUARY 17, 2023 PAGE 10 10 UPPER EARLE RERIOINAL�'� WATER AUTHORITY Te Metropolitan oletrlets of. Arrowhead Beaver Craek Barry Creek Eaglavall Edwards The Town of Awn 846 Forest Road Vail, Colorado 81657 Tel (870) 476-7480 erwsd.or8 ATTACHMENT A TO: Honorable Mayor Smith Hymes and Council members A FROM: Charlotte Lin, Sustainability Coordinator, Avo n and Max Morgan, Planner 1+ RE: Benchmarking and Beneficial Electrification C o L Q H A D o DATE: October 18, 2022 SUMMARY: This report is intended to provide an update on the Community Development Department's 2022 goal to "Organize (an) inventory of existing structures, heating systems, and square footages" in Avon. The purpose of this inventory is to support initiatives, ideas, and policies related to improved energy efficiency in buildings in the Town, with specific attention to the potential for buildings to undergo Beneficial Electrification - the general process of replacing a building's fossil fuel use (e.g., propane, heating oil, gasoline) with electricity. The State of Colorado is similarly exploring initiatives to improve energy efficiency within buildings. Notably, the State has new requirements for property owners to track energy -use, or "benchmark", within buildings over 50,000 square feet. This report provides an overview of Colorado's current state -level legislation on building benchmarking, an overview of benchmarking policy as adopted by other Colorado municipalities, and recommendations of how building benchmarking and beneficial electrification can be practiced in Avon. This report also examines the relationship between beneficial electrification and the State of Colorado's new benchmarking requirements. The purpose of this work session is for Council to provide feedback on the next steps to support improved energy efficiency of buildings in Avon. BACKGROUND: In March 2022, the Community Development Department Staff and Town leadership identified a goal to "Organize (an) inventory of existing structures, heating systems, and square footages." The inventory is intended to serve as a resource for Staff and Council to determine next steps that support improved energy efficiency within buildings in Town. In May 2022, the Eagle County Assessor's Office provided Staff with a complete inventory of buildings in the Town in a csv file organized by parcel. The spreadsheet provides details for individual buildings and structures that relate to beneficial electrification. Staff explored the dataset to identify key features, patterns and trends related to building characteristics in Town. The findings, analysis, and recommended next steps are included in the ANALYSIS section of this report. Details of an individual building or structure, like the size, age, and condition of the structure, as well as the type of heating system and heat fuel used in the building, generally correlate to its energy efficiency and subsequent benchmarking score. Benchmarking refers to measuring and tracking a building's energy consumption and it is now a requirement for property owners of commercial, multi -family, and public buildings 50,000 square feet or more in the State of Colorado (See ATTACHMENT A — House Bill 21-1286, "Energy Performance for Buildings"). Benchmarking reporting is done through the ENERGY STAR Portfolio Manager, a free energy management tool used to track and assess energy and water consumption, and results are submitted to the Colorado Energy Office ("CEO"). There is also a paid option for an energy management tool called Touchstone IQ, which is used on the municipal level such as the City of Fort Collins. The first 970-748-4083 clin(cDavon.org & mmorgan(cDavon.org ATTACHMENT A benchmarking reporting deadline for building owners is December 1, 2022, for calendar year 2021 energy use data. The CEO has not provided specifics related to the outcomes of benchmarking assessments, and it remains unclear what recommendations and requirements an individual building will receive in the event that it reports an unsatisfactory benchmarking score. Given the uncertainty of the State's intentions for poorly - performing buildings over 50,000 square feet, it remains difficult for local jurisdictions to make recommendations and programs that support their beneficial electrification out of concern for a misalignment of those recommendations with what the State may recommend, or even subsidize, in the future. Regardless of the specific outcomes of the assessments conducted by the State, benchmarking reporting will likely catalyze recommendations from the State for beneficial electrification of individual buildings and structures. Local jurisdictions can capitalize on the momentum for beneficial electrification, and look to support buildings that fall outside the purview of the state in improving energy efficiency. Eagle County's Climate Action Plan ("CAP") includes recommendations for beneficial electrification and benchmarking in its Priority Actions: Beneficial Electrification for 5% of existing residential and commercial buildings each year. For new and remodeled residential and commercial buildings, adopt'above building code' standards and incentives, and implement net -zero or all -electric construction requirements by 2030. Work toward consistency across jurisdictional boundaries in Eagle County. Implement a benchmarking ordinance in Eagle County for all commercial buildings 10,000 square feet or larger. The CAP identifies Building Electrification or Beneficial Electrification, the general process of replacing a building's fossil fuel use with electricity in a way that reduces overall emissions and energy costs, as a strategy to address climate change and rising global temperatures. The process is also expressed as "Fuel Switching." The CAP states regional, annual goals related to Beneficial Electrification that include: • Ten (10) commercial buildings electrified • 1,641 residential homes electrified A fully electrified building would likely include the following features: • Electric -powered heat pump water heater • Electric -powered heat pump HVAC system • Energy efficient lighting (e.g., LED lights) • Electric -powered ceiling fans • Induction kitchen stovetops • ENERGY STAR -certified appliances (e.g., refrigerators, clothes washers, etc.) • Solar panels & solar power storage units • Electric Vehicle ("EV") charging system and battery storage 970-748-4083 clin@avon.org Page 2 of 11 ATTACHMENT A NOTE: Building energy experts generally recommend that buildings receive a building envelope assessment and that any air leaks are reconciled prior to the beneficial electrification process. The process for beneficial electrification is likely to present substantial upfront costs related to structural assessments, equipment and labor costs. Given the associated financial and logistical challenges, strategies and policies that push for beneficial electrification should identify opportunity areas for engagement with property owners including: • The installation of EV charging equipment • The replacement / installation of an HVAC system • The purchase or refinancing of a structure • The replacement of existing equipment and appliances These occasions could be the focus of policy or programs in which to embed beneficial electrification education and support. An awareness of costs, rebates and fee waivers, and the general permitting and construction process are essential for building owners to voluntary participate in electrification of their structures. Benchmarking programs enable building owners to identify areas of their buildings that use more energy and water, evaluate cost-effective savings opportunities, and prioritize investments in efficiency upgrades. For many properties that undergo benchmarking, beneficial electrification is the recommended next step for building efficiency improvements. The "Energy Performances for Buildings" law also establishes building performance standards ("BPS") with which buildings will have to comply. The BPS is supposed to meet a sector -wide greenhouse gas ("GHG") reduction target of 7% by 2026 and 20% by 2030 from a 2021 baseline. In order to achieve this, a BPS Task Force is also established by the CEO. The BPS Task Force has not formalized a process for addressing underperforming, inefficient structures with low Energy Star scores however, the task force is currently strategizing on how best to: (1) solicit feedback from a broad range of industries and building owners, (2) examine building types of unique energy needs including aviation facilities, nursing homes, and hospitals, and (3) calculate GHG reductions. The calculation must not include savings from statewide decarbonization of electricity or natural gas utility grids, but may include savings from utilities' or local governments' energy efficiency programs. Ultimately, the BPS will provide recommendations for what to do with the benchmarking data, and may consider making additional recommendations related to: • Workforce availability and development related to building energy performance. • Financial and nonfinancial costs and benefits of upgraded building energy performance. • Availability of programs, technical assistance, and incentives to support building owners, utilities, and local governments. • Opportunities to improve commercial building energy use in Colorado; and • How regulations and agency support could help ensure building owners avoid fines through compliance with performance standards. 970-748-4083 clin@avon.org Page 3 of 11 ATTACHMENT A The success of benchmarking relies on both the utility companies to provide the data on time and for the owners to report. CEO formed a Utility Data Accelerator Coalition in order to educate and prepare utilities to meet future data disclosure requirements, and to provide building owners with access to whole -building data. Qualifying utility companies are required to: • Establish an aggregation threshold that is four or fewer utility customer accounts. • Publish its aggregation threshold on its public website. • Upon request of an owner of a covered building, begin providing energy -use data to the owner. • Make energy -use data easily available and accessible through web portal or online request forms. • Provide the data to owners within ninety days for benchmarking requests in 2022, and thirty days for requests in 2023 or later. • Deliver the data in the spreadsheet template specified by the benchmarking tool. • Provide the data on an annual basis until the owner revokes the request. • Provide data for the building regardless of whether the owner is named on the utility account or not. For covered buildings that do not meet the qualifying utility's aggregation threshold, they should grant utility customer consent to access or share energy -use data. Data required for all kinds of properties include: • Property Name • Property Address • Total Gross Floor Area of Property • Irrigated Area • Year Built/Planned for Construction Completion • Occupancy • Number of Buildings • 12 consecutive months of energy data There are additional data requirements depending on different types of properties. The Data Collection Worksheet function on the Energy Star Portfolio Manager lists seventy-five types of properties and allows owners to look up required data. Colorado cities that already have ordinances to implement building benchmarking include Denver, Boulder, Fort Collins and Aspen (ATTACHMENT B). The ordinances indicate that all municipalities plan to benchmark buildings starting from 50,000 square feet down to 5,000 square feet over approximately three years. In Eagle County, the goal is to benchmark all buildings 10,000 square feet or larger. The Climate Action Collaborative is actively researching benchmarking with the purpose of developing a County -wide ordinance to achieve the CAP goals mentioned in the Summary of this report. An inventory of all buildings above 10,000 square feet in Eagle County, including property types and heating fuel source, has been compiled as a step towards creating a county -wide benchmarking ordinance. There are currently sixty-nine (69) buildings total in Eagle County over 50,000 square feet and ten (10) of them are in the Avon area. 970-748-4083 clin@avon.org Page 4 of 11 ATTACHMENT A Benchmarking in Avon Avon has previously conducted benchmarking activities for municipal buildings. We have recently collected our energy bills from AMGas, Holy Cross and Xcel from 2021, 2020 and 2019. Schneider Electric used these data to conduct an assessment for us to determine potential areas of energy reduction. We have also used the software B3 Benchmarking from 2017 to 2021 for the Avon Regional Transit Facility, Police Station, Rec Center and Fleet Building. However, we no longer use it due to the fact that we were not able to generate good energy reports, usage maps, or useful improvement recommendations from this effort. Staff also felt that the effort was redundant because all the data is available on our utility websites. Regardless, Avon will continue benchmarking all municipal buildings as well as other infrastructure that uses electricity like streetlights. In terms of developing a local Benchmarking Ordinance in Avon, Staff has been researching the best approaches, administrative requirements, costs and funding, and the intended use of benchmarking data, which will become clear as the BPS develops. Staff has also determined that the BPS is not yet mature enough and therefore we cannot adequately articulate exactly what we intend to do with the data in an ordinance. Therefore, Avon will continue to observe and monitor the State program, especially in its first year of implementation. Christine Brinker, Senior Buildings Policy Manager from Southwest Energy Efficiency Project (SWEEP) shared some best practices for developing local benchmarking ordinances. Most successful benchmarking ordinances follow this chronology: First year: 5k+ sq ft. county and city owned buildings, and large commercial buildings Second year: adding small to medium commercial buildings, and potentially large multifamily buildings Third year: adding small multifamily buildings Christine suggests that while benchmarking is building owners' responsibility, municipalities should offer a lot of resources, support, and handholding, especially in year one. Staff also plans to learn more from Boulder, Denver, Fort Collins and Aspen's benchmarking programs, including details like challenges, adjustments, stakeholder engagement process, data usage, and administration. Overall, in order to achieve the CAP goals, it would be in our best interest to pass a consistent ordinance throughout the county. ANALYSIS: A wave of requirements and remediation efforts for energy -inefficient buildings is likely approaching. Beneficial electrification projects to improve efficiency vary as do the properties where projects can occur; a comprehensive inventory of buildings in Avon prepares the Town to design and execute a plan to support a variety of property types and related beneficial electrification projects. The inventory provided by the Eagle County Assessor's Office supports Staff's understanding of what buildings are included in the State's benchmarking requirements, and which remain unaffected. The inventory reports records for 3,876 unique structures. Each record includes a Building Type, Heating Fuel, Building Use Type, Year of Construction, and the size of the building, in addition to details related to the construction materials, the presence of a basement, and a count of bedrooms and bathrooms. Each structure reports three categories of building sizes: Heated Area, Effective Area, and Actual Area. Because this inventory and analysis relates to improved efficiency in heating systems, Heated Area (the 970-748-4083 clin@avon.org Page 5 of 11 ATTACHMENT A footprint of the building tied to the heating system, which typically does NOT include garages, decks, and porches, etc.) is the most valuable size calculation. Any reference to building "size" is derived from the Heated Area calculation. NOTE: In some instances, multiple buildings comprise what a person would conceptualize as a singular entity (e.g., Piedmont Apartments), and several land parcels contain multiple buildings. Additionally, many large buildings with individual dwelling units are not represented by an aggregate Heated Area because the Assessor's Office views them as multiple parcels. Building Type Each record includes identification of the building's Building Use, as either RESIDENTIAL or COMMERCIAL. While some buildings do not actually function as space designed for commercial enterprises, such as warehouses, hospitals, etc., any building that does not function as a residential structure holds the designation of COMMERCIAL. Of the 3,876 buildings in the inventory, 3,481 total buildings, or roughly 90%, report a Residential Building Use. Interestingly, while buildings with the alternative COMMERCIAL designation represent 10% of buildings in the inventory, the average Heated Area for COMMERCIAL buildings is much greater than the average Heated Area for RESIDENTIAL buildings (See Table A — Buildings by Types). Table A- Buildings by Type Use Type Building Count % of Total Heated Area (sq ft) % of Total Heated Area Average Heated Area (sq ft) Commercial 395 10% 1558972 21% 3,946 Residential 3481 90% 5820079 79% 1,672 Total 3876 100% 7379051 100% Heating Fuel The Heating Fuel type of a building is the most relevant factor related to its potential for improved energy efficiency. Any building that uses gas for its heating fuel is a potential target for beneficial electrification, while buildings that use electricity or solar power are less likely to require improvements to the heating system as a means to reduce greenhouse gas emissions. Of the Town's 3,876 buildings, 60% are heated by gas (See Table B — Buildings by Heat Fuel). Table B - Buildings by Heat Fuel Use Type Building Count % of Total Heated Area (sq ft) % of Total Heated Area Average Heated Area (sq ft) Electric 1513 39% 1679404 23% 1110.00 Gas 2341 60% 5562173 75% 2376.00 Other 22 1 % 137473 2% 6248.00 Total I 3876 100%1 73790501 100% 970-748-4083 clin@avon.org Page 6 of 11 ATTACHMENT A Of the 2,341 buildings that use gas for heat fuel, 87% have a Residential Building Type designation. The trend for commercial buildings to have a larger Heated Area footprint remains true, and commercial buildings represent 22% of the total Heated Area for all buildings (See Table C — Gas -Heated Buildings by Type) Use Type Count Gas -Heated: % of Total Heated Area (sq ft % of Total Heated Area Commercial 315 13% 1220243 22% Residential 2026 87% 4341930 78% Total 2341 100% 5562173 100% Gas -Heated Buildings Gas -heated commercial buildings represent valuable opportunities for beneficial electrification given their Heated Area average is significantly greater than the average Heated Area for residential spaces. Through Building Use Types, the Town can identify the categories and functions of gas -heated commercial buildings (See Table D — Gas -Heated Commercial Buildings by Building Use Type). The majority of gas -heated commercial buildings and structures are Commercial Condos, and this category represents the largest percentage of Heated Area for gas -heated commercial buildings. Notably, warehouse and storage facilities, while only totaling 19 buildings, represent the second-largest percentage of Heated Area for gas -heated commercial buildings. The building with the largest Heated Area in the entire 3,876 building inventory, the Wal-Mart store at 171 Yoder Ave, is categorized as a Warehouse/Storage structure despite providing retail and merchandising. Gas -heated residential buildings represent less distribution across multiple categories (See Table E - Residential Gas -Heated Buildings by Use Type). Table D - Commercial Gas -Heated Buildings by Use Type Use Type Count % of Total Heated Area (sq ft) % of Total Heated Area Commercial Condo 237 75% 453711 37% Lodging 2 1 % 72613 6% Merchandise/Retail 31 10% 130349 11 % Multi-use/Special Purp 8 3% 74740 6% Office 3 1 % 37709 3% Parking 14 4% 3224 0% Supermarket 1 0% 55313 5% Warehouse/Storage 19 6% 392584 32% Total 315 100% 1220243 100% 970-748-4083 clin@avon.org Page 7 of 11 ATTACHMENTA Use Type Table E - Residential Count Gas -Heated Buildings %ofTotal by Use Type Heated Area(sq fl) % of T otal Heated Area Condominium 1010 50% 453711 59% Duplex/Triplex 298 15% 72613 9% Mobile Home 161 8% 130349 17% Multi -family 8 0% 74740 10% SFR 304 15% 37709 5% Townhouse 245 12% 3224 0% Total 2026 100%1 772346 100% Age of Structures The age of a building or structure can provide some indication of its energy efficiency. Older buildings tend to be less energy efficient than newer buildings given that an older building's envelope is more likely to have developed air leaks, and may also contain appliances and features that are outdated and less energy - efficient. Windows, ducts, HVAC systems, and general construction become more prone to air leakage over time, which in turn causes heating and cooling systems to use more energy to achieve optimal temperatures and conditions than if the building's envelope were sealed more tightly. The construction of buildings and structures in Avon appears to have peaked in the 1990s and slowed dramatically in recent years (See Tables F, G, & H). Table F— Gas -Healed Buildings by Decade Constructed Decade Constructed Count % of Total Count 70s 25 1.1 % 80s 130 5.6% 905 1125 48.1 % 005 866 37.0% 2010 or Later 195 8.3% Total 2341 100.0 % Decade Constructed BuildingsTable G - Gas Heated Residential Count % of Total Decade Constructed Heated Area R % of Total Heated Area 70s 23 1.1% 29487 1% 80s 53 2.6% 103289 2% 90s 954 47.1% 1992417 46% 00s 801 39.5% 1366332 31% 2010 or Later 195 9.6% 851404 20% Total 2026 100.0% 4341929 100% 970-7484083 clin@avon.org Page 8 of 11 A7ACHMENTA Table H - Gas Heated Commercial Buildings by Decade Constructed Decade Constructed Count % of Total Count Heated Area (sq fl) % of Total Heated Area 70s 2 1% 21474 2% 80s 78 25% 375257 31% 905 171 54% 347224 28% 005 64 20% 476289 39% 2010 or Later 0 0% 0 0% Total 315 100% 1220244 100% FINDINGS: An analysis of the findings reveals several key take-aways including: Gas vs. Electric: There are more gas -heated structures present in Town when compared with electric -heated structures Residential vs. Commercial: There are more gas -heated RESIDENTIAL structures than gas -heated COMMERCIAL structures in Town Heated Area: Gas -heated COMMERCIAL structures typically have a greater average heated area than gas - heated RESIDENTIAL buildings Commercial Buildings Use Tyne: • Commercial Condominiums represent three -fourths of the total count but roughly only one-third of the percentage of Total Heated Area for of Gas -Heated COMMERCIAL structures • Warehouse/Storage structures represent 6% of the total count but roughly one-third of the percentage of Total Heated Area for of Gas -Heated COMMERCIAL structures Residential Buildings Use Type: • Single Family Residences ("SFRs") represent only 15%of the Total Heated Area for RESIDENTIAL Gas -Heated Buildings count but the greatest percentage of the Total Heated Area for RESIDENTIAL Gas -Heated Buildings (35%) • The majority of RESIDENTIAL Gas -Heated Buildings are condominiums • Mobile Homes have the smallest average Heated Area when compared to all RESIDENTIAL Gas - Heated Building Use types. Age of Structure - RESIDENTIAL: No buildings in the inventory predate the 1970s 970-748-4083 clin@avon.org Page 9 of 11 ATTACHMENT A • 87% of RESIDENTIAL Gas -Heated Buildings were constructed in either the 1990s or 2000s • The rate of RESIDENTIAL Gas -Heated Building construction has reduced 82% since the 1990s e of Structure — COMMERCIAL: • The majority of COMMERCIAL Gas -Heated Buildings were constructed in the 1990s • The average Heated Area of COMMERCIAL Gas Heated Buildings more than tripled in size from the 1990s to the 2000s. • No COMMERCIAL Gas -Heated Buildings have been constructed since 2010 Building Inventory — Benchmarking Nexus: • Ten (10) buildings in Avon exceed 50,000 square feet and are likely subject to the State's benchmarking mandate (See Table I - Avon Buildings 50,000+ Sq Ft) o Piedmont Apartments is multiple buildings and may not represent the same large-scale construction that the other structures do Table I - Avon Buildings 50,000+Sq Ft Common Name Address Heated Area (Sq Ft) Building Use Type Heating System Year Constructed Brookside 37723 HWY 6 61,672 Condominium (3x) GAS 1997 Sun & Ski Building 220 / 218 / 216 Chapel PI 64,698 Merchandising ELECTRIC 1987 City Market 72 Beaver Creek PI 67,135 Mixed Use GAS 1980 Comfort Inn 161 Beaver Creek Blvd 72,613 Lodging GAS 1986 Traer Creek Building 101 Fawcett Rd 77,787 Exempt GAS 2005 Buffalo Ridge Apts 1101 Swift Gulch 78,126 Multi -Family Residential GAS 2002 Home Depot 295 Yoder Ave 117,100 Warehouse/Storage GAS 2002 Wyndham 75 Benchmark Rd 124,267 Mixed Use GAS 2013 Walmart 171 Yoder Ave 188,516 Warehouse/Storage GAS 2002 Piedmont Apartment 5471 Beaver Creek Blvd 228,595 Multi -Family Residential GAS 2019 Provided that only ten of the 3,876 buildings in Avon are likely subject to state -required benchmarking, the Town could develop policies and programs that enable additional structures to undergo beneficial electrification. NEXT STEPS: Almost every building and structure in the Town of Avon falls outside the purview of the State's benchmarking requirements and it remains realistic that no building or structure will be required to undergo beneficial electrification in the near future. However, the Town can take steps to support beneficial electrification and capitalize on the general movement towards energy -efficient buildings. The range of beneficial electrification projects that can occur in a home or building is widespread. The Town can identify a single project -type, or building use type, to apply strategies for beneficial electrification (e.g., supporting the replacement of gas -powered heat pumps in multi -family residential structures through a subsidy and public engagement series). Pilot programs are well -represented in municipalities' beneficial electrification plan. Or the Town could work towards a more comprehensive beneficial electrification plan. This could be a sub -plan of the CAP, and should include: Goals and Focus Areas for Beneficial Electrification Three phases of implementation for widespread Beneficial Electrification: Supporting Education & Awareness, Accessing Funding, and Developing Regulatory Policy Case studies of beneficial electrification 970-748-4083 clin@avon.org Page 10 of 11 ATTACHMENT A 4. Strategies and education that help achieve equitable beneficial electrification 5. Cost and technical analysis of Beneficial Electrification, including an economic impact assessment 6. A strategy for beneficial electrification of existing buildings In the event that the Town or Climate Action Collaborative ("CAC") allocates efforts to the development of a beneficial electrification plan, the following principles and strategies should be considered: • Focus efforts for Beneficial Electrification policies on existing buildings • Identify or develop a reliable resource to inform the public on existing rebates and subsidies for Beneficial Electrification • Engage with property owners, specifically those that own older, gas -heated properties • Engage with property -owners who have already taken steps towards Beneficial Electrification • Continue to scrub and refine the building inventory o Organize each Building Use Type category by Property Owner and/or Address • Explore the relationship between Beneficial Electrification advocates, contractors and developers • Explore the relationship between Beneficial Electrification and Opportunity Areas, specifically the purchase or refinancing of a building or structure • Enhance programs that provide building envelope assessments • Develop marketing material for Beneficial Electrification that is diverse in its target audience and messaging • Consider regulatory policy that bans gas -fueled appliances and features • Prioritize marginalized communities for Beneficial Electrification • Develop roadmaps for Beneficial Electrification specific to Building Use Type and ownership -type RECOMMENDATIONS: I recommend that Town Council directs Staff to continue efforts to develop a program to promote building electrification and energy reduction. I recommend that, in 2022 and 2023, Avon continues to monitor the implementation of HB 21-1286 at the State level and in other municipalities. Staff will provide updates regarding the State's first round of benchmarking for buildings over 50,000 square feet when the data becomes available in 2023. OPTIONS: 1. No Actions 2. Direct Staff to initiate the development of a county -wide Beneficial Electrification Plan 3. Direct Staff to continue learning about building energy benchmarking and provide updates. Thank you, Charlotte & Max ATTACHMENTS: Attachment A: House Bill 21-1286 Attachment B: Colorado Benchmarking Ordinances Analysis 970-748-4083 clin@avon.org Page 11 of 11 AITAi£'EdNEW A (01n�ct>> HOUSE BILL 21-1286 BY REPRESENTATIVE(S) Kipp and Valdez A., Bemett, Amabile, Benavidez, Bird, Boesenecker, Cutter, Duran, Froelich, Gonzales -Gutierrez, Gray, Hooton, Jackson, Jodeh, Lontine, McCormick, Michaelson Jenet, Mullica, Ricks, Sirota, Woodrow, Exum, Kennedy, Titone; also SENATOR(S) Priola and Pettersen, Buckner, Danielson, Fenberg, Jaquez Lewis, Lee, Story, Winter. CONCERNING MEASURES TO IMPROVE ENERGY EFFICIENCY, AND, IN CONNECTION THEREWITH, REQUIRING OWNERS OF LARGE BUILDINGS TO COLLECTAND REPORTON ENERGY -USE BENCHMARKING DATA AND COMPLY WITH RULES REGARDING PERFORMANCE STANDARDS RELATED TO ENERGY AND GREENHOUSE GAS EMISSIONS AND MODIFYING STATUTORY REQUIREMENTS REGARDING ENERGY PERFORMANCE CONTRACTS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-7-142 as follows: 25-7-142. Energy beachmarking - data collection and access - utility requirements - task force - rules - reports - definitions - Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law andsuch material is not part of the act. AWACHMEMA ATTACHMENTA legislative declaration - repeal. (1) Legislative declaration. THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE REGULATION OF BUILDING PERFORMANCE IS A MATTER OF STATEWIDE CONCERN BECAUSE: (a) AS OF 2020, BUILDINGS REPRESENTED A SIGNIFICANT SOURCE OF HOUSE GAS POLLUTION IN THE STATE OF COLORADO; (b) ENERGY CONSUMPTION AND GREENHOUSE GAS EMISSIONS ASSOCIATED WITH A BUILDING PRODUCE IMPACTS FAR BEYOND ITS WALLS AND THE BOUNDARIES OF THE LOCAL GOVERNMENT WITHIN WHICH THE BUILDING IS LOCATED, INCLUDING COSTS TO UTILITY RATEPAYERS FOR INCREASED ENERGY PRODUCTION, COMMUNITY HEALTH COSTS ASSOCIATED WITH AIR POLLUTION, AND BROADER SOCIETAL COSTS OF ANTHROPOGENIC CLIMATE CHANGE; (C) MANY BUILDING OWNERS HAVE MADE PROACTIVE EFFORTS TO REDUCE THE ENERGY USE AND GREENHOUSE GAS EMISSIONS OF THEIR BUILDINGS, YET MORE REMAINS TO BE DONE TO HELP THE STATE MEET ITS GREENHOUSE GAS REDUCTION GOALS; (d) BUILDING TENANTS THAT PAY ENERGY BILLS OFTEN LACK THE ABILITY TO IMPLEMENT BUILDING UPGRADES THAT COULD IMPROVE PERFORMANCE, REDUCE EMISSIONS, AND REDUCE THOSE COSTS; (e) THE COMMISSION HAS BOTH THE STATUTORY AUTHORITY AND OBLIGATION TO REQUIRE A REDUCTION OF GREENHOUSE GAS EMISSIONS IN THE STATE IN EVERY SECTOR INCLUDING BUILDINGS; (fl (I) BENCHMARKMG AND BUILDING PERFORMANCE STANDARDS WILL SUPPORT JOB GROWTH IN COLORADO. ACCORDING TO THE UNITED STATES CLIMATE ALLIANCE, BEFORE JANUARY 1, 2020, THE FASTEST GROWING CLEAN ENERGY INDUSTRIES IN COLORADO INCLUDED; (A) TRADITIONAL HEATING, VENTILATION, AND AIR CONDITIONING, TOTALING TEN THOUSAND FOUR HUNDRED THIRTY-EIGHT JOBS; AND (B) ENERGY STAR AND EFFICIENT LIGHTING, TOTALING ELEVEN THOUSAND ONE HUNDRED FIFTY-SIX JOBS, PAGE 2-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (II) ADDITIONALLY, ANALYSIS CONDUCTED BY ADVANCED ENERGY ECONOMY IDENTIFIED MORE THAN SIXTY THOUSAND ADVANCED ENERGY JOBS IN COLORADO, WITH MORE THAN FIFTY PERCENT OF THOSE JOBS IN i:421 B1114VA0491491:1U40 (g) THE STATE OF COLORADO PROVIDES MANY LOW- AND NO -COST OPTIONS FOR COLORADO PROPERTY OWNERS TO FINANCE BUILDING PERFORMANCE IMPROVEMENTS, INCLUDING: (I) PROPERTY -ASSESSED CLEAN ENERGY FINANCING THAT THE COLORADO NEW ENERGY IMPROVEMENT DISTRICT CREATED IN SECTION 32-20-104 PROVIDES, WHEREBY QUALIFYING ENERGY EFFICIENCY AND RENEWABLE ENERGY IMPROVEMENTS ARE PAID BACK VIA AN ASSESSMENT ON ANNUAL PROPERTY TAXES; AND (II) PERFORMANCE CONTRACTING, WHEREBY IMPROVEMENTS ARE PAID FOR BY CONTRACTUALLY GUARANTEED SAVINGS FROM EFFICIENCY UPGRADES; (h) MANY PUBLIC UTILITIES IN THE STATE ALSO PROVIDE TECHNICAL ASSISTANCE AND FINANCIAL INCENTIVES TO HELP PROPERTY OWNERS IMPLEMENT BUILDING PERFORMANCE IMPROVEMENTS; AND (1) IT IS IN THE INTEREST OF THE STATE TO: (I) ESTABLISH A PROGRAM TO HELP COLORADO CITIZENS UNDERSTAND AND TRACK ENERGY USE AND GREENHOUSE GAS EMISSIONS FROM LARGE BUILDINGS; AND (II) DEVELOP PERFORMANCE STANDARDS NECESSARY TO MEET STATE GREENHOUSE -GAS -EMISSION -REDUCTION GOALS. (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "AGGREGATED DATA" MEANS ELECTRIC OR GAS METER DATA FROM WHICH ANY UNIQUE IDENTIFIER OR OTHER PERSONAL INFORMATION HAS BEEN REMOVED AND THAT A QUALIFYING UTILITY COLLECTS AND AGGREGATES IN AT LEAST MONTHLY INTERVALS FOR AN ENTIRE COVERED BUILDING. PAGE 3-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENT (b) "AGGREGATION THRESHOLD" MEANS, FOR EACH QUALIFYING UTILITY, THEMINIMUMNUMBEROF CUSTOMERACCOUNTS ASSOCIATED WITH A COVERED BUILDING FOR WHICH THE QUALIFYING UTILITY MAY PROVIDE THE OWNER OF THE COVERED BUILDING WITH AGGREGATED DATA UPON REQUEST WITHOUT REQUIRING EACH CUSTOMER'S CONSENT TO HAVE THE CUSTOMER'S ENERGY -USE DATA ACCESSED OR SHARED. (C) "BENCHMARK" MEANS TO INPUT BENCHMARKING DATA INTO A BENCHMARKING TOOLTO MEASUREAND ASSESSTHE ENERGY PERFORMANCE AND GREENHOUSE GAS POLLUTION FOR A COVERED BUILDING FOR THE REPORTING YEAR. (d) EXCEPT AS THE COMMISSION MAY MODIFY BY RULEPURSUANTTO SUBSECTION (7) OF THIS SECTION, "BENCHMARKING DATA" MEANS THE INFORMATION RELATED TO A COVERED BUILDING THAT IS INPUT INTO OR CALCULATED BY A BENCHMARKING TOOL AND INCLUDES, AT A MINIMUM: (I) A PHYSICAL DESCRIPTION OF THE COVERED BUILDING AND DESCRIPTIONS OF ITS OPERATIONAL CHARACTERISTICS, INCLUDING: (A) THE NAME OF THE COVERED BUILDING, IF ANY; (B) THE ADDRESS OF THE COVERED BUILDING; (C) THE PRIMARY USES OF THE COVERED BUILDING; (D) THE COVERED BUILDING'S GROSS FLOOR AREA; AND (E) THE YEARS IN WHICH THE COVERED BUILDING HAS BEEN CERTIFIED BY ENERGY STAR AND THE MOST RECENT DATE OF CERTIFICATION, IF APPLICABLE; AND (II) DATA GENERATED BY THE BENCHMARKING TOOL, INCLUDING: (A) THE ENERGY STAR SCORE, IF AVAILABLE; (B) MONTHLY ENERGY USE BY FUEL TYPE; (C) SITE AND SOURCE ENERGY -USE INTENSITY; PAGE 4-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (D) WEATHER -NORMALIZED SITE AND SOURCE ENERGY -USE INTENSITY; (E) CONFIRMATION THAT DATA QUALITY HAS BEEN CHECKED; (F) ANNUAL MAXIMUM ELECTRICITY DEMAND, IN KILOWATTS; (G) IF AVAILABLE FOR REPORTING THROUGH THE BENCHMARKING TOOL, MONTHLY PEAK ELECTRICITY DEMAND; AND (H) GREENHOUSE GAS EMISSIONS, INCLUDING TOTAL, INDIRECT, AND DIRECT EMISSIONS. (e) EXCEPTAS THE COMMISSION MAY MODIFY BY RULE PURSUANTTO SUBSECTION (7) OF THIS SECTION, "BENCHMARKING TOOL" MEANS THE ENERGY STAR PORTFOLIO MANAGER® OR A SUCCESSOR ONLINE RESOURCE USED TO TRACK AND ASSESS THE PERFORMANCE OF CERTAIN PROPERTIES RELATIVE TO SIMILAR PROPERTIES. (f) 'BIOMEDICAL RESEARCH LABORATORY" MEANS A SCIENTIFIC LABORATORY USED TO CONDUCT RESEARCH RELATING TO BOTH BIOLOGY AND MEDICINE. (g)(I) "CAMPUS" MEANS A COLLECTION OFTWO ORMOREBUILDINGS THAT ARE OWNED AND OPERATED BY THE SAME PERSON AND THAT HAVE A SHARED PURPOSE AND FUNCTION AS A SINGLE PROPERTY. (II) "CAMPUS" INCLUDES TWO OR MORE OF THE BUILDINGS THAT COMPRISE THE CAPITOL COMPLEX. (h) "COLORADO ENERGY OFFICE" OR "OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101. (i) "CORRECTIONAL FACILITY" MEANS: (I) A CORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-102 (1.7); (II) A PRIVATE CONTRACT PRISON, AS DEFINED IN SECTION 17.1-102 (7.3); PAGE 5-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (III) A LOCAL JAIL, AS DEFINED IN SECTION 17-1-102 (7); (IV) A MUNICIPALJAIL, AS AUTHORIZED IN SECTION 31-I5-401 (I )0); AND (V) A JUVENILE DETENTION FACILITY GOVERNED BY PART 4 OF ARTICLE 2 OF TITLE 19. 0)(I) EXCEPTAS THE COMMISSIONMAY MODIFY BY RULEPURSUANT TO SUBSECTION (7) OF THIS SECTION, "COVERED BUILDING" MEANS A BUILDING COMPRISING A GROSS FLOOR AREA OF I = THOUSAND SQUARE FEET OR MORE THAT IS OCCUPIED BY A SINGLE OCCUPANT OR GROUP OF TENANTS. (II) "COVERED BUILDING" DOES NOT INCLUDE: (A) A STORAGE FACILITY, STAND-ALONE PARKING GARAGE, OR AIRPLANE HANGAR THAT LACKS HEATING AND COOLING; (B) A BUILDING IN WHICH MORE THAN HALF OF THE GROSS FLOOR AREA IS USED FOR MANUFACTURING, INDUSTRIAL, OR AGRICULTURAL PURPOSES; OR (C) A SINGLE-FAMILY HOME, DUPLEX, OR TRIPLEX. (k) "ENERGY STAR" MEANS THE FEDERALPROGRAM AUTHORIZED BY 42 U.S.C.SEC. 62948, AS AMENDED, TO HELP CUSTOMERS, BUSINESSES, AND INDUSTRY SAVE MONEY AND PROTECT THE ENVIRONMENT THROUGH THE ADOPTION OF ENERGY -EFFICIENT PRODUCTS AND PRACTICES. (1) "ENERGY STAR SCORE" MEANS THE ONE -TO -ONE -HUNDRED NUMERIC RATING GENERATED BY THE ENERGY STAR PORTFOLIOMANAGER® AS A MEASUREMENT OF A BUILDING'S ENERGY EFFICIENCY. (ID) "ENERGY -USE INTENSITY" MEANS A BUILDING'S ENERGY USE, EXPRESSED AS TOTAL SITE ENERGY USE PER SQUARE FOOT PER YEAR. (n) "FINANCIAL HARDSHIP" MEANS THAT A PROPERTY IS EXPERIENCING AT LEAST ONE OF THE FOLLOWING CONDITIONS: PAGE 6-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (I) THE PROPERTY HAS BEEN INCLUDED ON A CITY'S, COUNTY'S, OR CITY ANDCOUNTY'S ANNUALTAX LIEN SALE LIST WITHIN THE PREVIOUS TWO YEARS; (II) THE PROPERTY IS AN ASSET SUBJECT TO A COURT -APPOINTED RECEIVER THAT CONTROLS THE ASSET DUE TO FINANCIAL STRESS; (III) THE PROPERTY IS OWNED BY A FINANCIAL INSTITUTION AS A RESULT OF A DEFAULT BY A BORROWER; (IV) THE PROPERTY HAS BEEN ACQUIRED BY A DEED IN LIEU OF FORECLOSURE; (V) THE PROPERTY IS THE SUBJECT OF A SENIOR MORTGAGE SUBJECT TO A NOTICE OF DEFAULT; OR (VI) DUE TO THE GOVERNOR DECLARING A DISASTER EMERGENCY PURSUANTTO SECTION 24-33.5-704 (4)9 THE PROPERTY, IN AT LEASTTWOOF THE PREVIOUS FIVE YEARS, GENERATED ANNUAL RENTAL INCOME OR REVENUETHATTOTALS SIXTY PERCENT OR LESS OFTHE FIVE-YEARAVERAGE IMMEDIATELY PRECEDING THE DISASTER EMERGENCY DECLARATION. (o) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION 25-7-140 (6). (p) "GROSS FLOOR AREA" MEANS THE TOTAL BUILDING AREA, AS MEASURED FROM THE OUTSIDE SURFACE OF EACH EXTERIOR WALL OF THE BUILDING, INCLUDING ABOVE -GRADE AND BELOW -GRADE SPACE. (G) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE MUNICIPALITY, COUNTY, OR CITY AND COUNTY. ([) "OWNER" MEANS A PERSON POSSESSING TITLE TO A PROPERTY OR THE PERSON'S DESIGNATED AGENT. (S) "PERFORMANCE STANDARDS" MEANS STANDARDS THAT THE COMMISSION ESTABLISHES BY RULE PURSUANT TO SUBSECTION (8)(C) OF THIS SECTION WITH WHICH OWNERS OF COVERED BUILDINGS ARE REQUIRED TO COMPLY. PAGE 7-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA (I) 'PUBLIC BUILDING" MEANS A COVERED BUILDING OWNED BY: (I) THE STATE; (II) A LOCAL GOVERNMENT; (III) A DISTRICT OR SPECIAL DISTRICT REGULATED UNDER TITLE 32; (IV) A STATE INSTITUTION OF HIGHER EDUCATION; (V) A PRIVATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 23-18-102 (9); (VI) A SCHOOL DISTRICT CREATED PURSUANT TO ARTICLE 30 OF TITLE 22; AND (VII) A CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22. (u) "QUALIFYING UTILITY" MEANS: (I) AN ELECTRIC OR GAS UTILITY WITH FIVE THOUSAND OR MORE ACTIVE COMMERCIAL AND INDUSTRIAL SERVICE CONNECTIONS, ACCOUNTS, OR CUSTOMERS IN THE STATE, INCLUDING: (A) AN INVESTOR -OWNED ELECTRIC OR GAS UTILITY; (B) A COOPERATIVE ELECTRIC ASSOCIATION; OR (C) A MUNICIPALLY OWNED ELECTRIC OR GAS UTILITY; OR (II) A NATURAL GAS SUPPLIER WITH FIVE OR MORE ACTIVE COMMERCIAL OR INDUSTRIAL CONNECTIONS, ACCOUNTS, OR CUSTOMERS IN THE STATE. (V) "STATE INSTITUTION OF HIGHER EDUCATION": (I) HAS THE MEANING SET FORTH IN SECTION 23-1-108 (7)(g)(E); (B)INCLUDES THEAURARIAHIGHEREDUCATIONCENTER,GOVERNED PAGE 8-HOUSE BILL 21.1286 AWACHMEMA ATTACHMENTA PURSUANT TO ARTICLE 70 OF TITLE 23; AND (III) DOES NOT INCLUDE A BIOMEDICAL RESEARCH LABORATORY. (W) "TENANT" MEANS A PERSON THAT, PURSUANT TO A RENTAL OR LEASE AGREEMENT, OCCUPIES OR HOLDS POSSESSION OFA BUILDING OR PART OF A BUILDING OR PREMISES. (K) "UNIQUE IDENTIFIER" MEANS A CUSTOMER'S CONTACT INFORMATION DISPLAYED ON A UTILITY BILL SUCH AS THE CUSTOMER'S NAME, MAILING ADDRESS, TELEPHONE NUMBER, OR E-MAIL ADDRESS. (y) "UTILITY CUSTOMER" MEANS THE BUILDING OWNER OR TENANT LISTED ON THE UTILITY'S RECORDS AS THE CUSTOMER LIABLE FOR PAYMENT OFTHE UTILITY SERVICE OR ADDITIONAL CHARGES ASSESSED ONTHE UTILITY ACCOUNT. (3) Benchmarking requirements on owners. (a) ON OR BEFORE DECEMBER I,2022, AND ON OR BEFORE JUNE I OF EACH SUBSEQUENT YEAR, THE OWNER OF A COVERED BUILDING SHALL SUBMIT A REPORT OF THE BENCHMARKING DATA FOR THE PREVIOUS CALENDAR YEAR TO THE OFFICE. (b) BEFORE PROVIDING A BENCHMARKING REPORT PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, AN OWNER SHALL RUN ANY AUTOMATED DATA CHECKING FUNCTION OF THE BENCHMARKING TOOL AND CORRECT ANY ERRORS DISCOVERED. (c) THE FOLLOWING OWNERS MAY COMPLY WITH THIS SUBSECTION (3) COLLECTIVELY AT THE CAMPUS -WIDE LEVEL: (I) THE OWNER OFMULTIPLE COVERED BUILDINGS THAT AREPARTOF A MASTER METERED GROUP OF BUILDINGS WITHOUT SUBMETERING; (II) THE OWNER OF A CORRECTIONAL FACILITY; AND (III) THE OWNER OF A PUBLIC BUILDING THAT IS A COVERED BUILDING. (4) Utility data requirements. (a) ON OR BEFORE JUNE 1, 2022, A QUALIFYING UTILITY SHALL: PAGE 9-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENT (I) ESTABLISH AN AGGREGATION THRESHOLD THAT IS FOUR OR FEWER UTILITY CUSTOMER ACCOUNTS; (II) PUBLISH ITS AGGREGATION THRESHOLD ON ITS PUBLIC WEBSITE; �1; (III) UPON REQUEST OF AN OWNER OF A COVERED BUILDING, BEGIN PROVIDING ENERGY -USE DATA TO THE OWNER. (b) ENERGY -USE DATA THAT A QUALIFYING UTILITY PROVIDES AN OWNER PURSUANT TO THIS SUBSECTION (4) MUST BE: (I) AVAILABLE ON, OR ABLE TO BE REQUESTED THROUGH, AN EASILY NAVIGABLE WEB PORTAL OR ONLINE REQUEST FORM USING UP-TO-DATE STANDARDS FOR DIGITAL AUTHENTICATION, INCLUDING SINGLE ONE-TIME PASSWORDS OR MULTI -FACTOR AUTHENTICATION; (II) PROVIDED TO THE OWNER WITHIN: (A) NINETY DAYS AFTER RECEIVING THE OWNER'S VALID WRITTEN OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2022; (B) THIRTY DAYS AFTER RECEIVINGTHE OWNER'S VALID WRITTEN OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2023 OR LATER; (III) DIRECTLY UPLOADED TO THE OWNER'S BENCHMARKING TOOL ACCOUNT, DELIVERED IN THE SPREADSHEET TEMPLATE SPECIFIED BY THE BENCHMARKING TOOL, OR DELIVERED IN ANOTHER FORMAT APPROVED BY THE OFFICE; (IV) PROVIDED TO THE OWNER ONATLEASTANANNUALBASIS UNTIL THE OWNER REVOKES THE REQUEST FOR ENERGY -USE DATA OR SELLS THE COVERED BUILDING; (V) PROVIDED IN ACCORDANCE WITH THIS SUBSECTION (4), REGARDLESS OF WHETHER THE OWNER IS NAMED ON THE UTILITY ACCOUNT FOR THE COVERED BUILDING; AND (VI) IF THE QUALIFYING UTILITY IS AN INVESTOR -OWNED UTILITY, PROVIDED IN ACCORDANCE WITH THE PUBLIC UTILITIES COMMISSION'S RULES PAGE 10-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA CONCERNING CUSTOMER DATA AND PERSONALLY IDENTIFYING INFORMATION. (e) FOR COVERED BUILDINGS THAT DO NOT MEET THE QUALIFYING UTILITY'S AGGREGATION THRESHOLD, AND THUS REQUIRE UTILITY CUSTOMER CONSENT TO ACCESS OR SHARE ENERGY -USE DATA, THE CONSENT: (I) MAY BE IN WRITTEN OR ELECTRONIC FORM; (II) MAY BE PROVIDED IN A LEASE AGREEMENT PROVISION; (III) IS VALID UNTIL THE UTILITY CUSTOMER REVOKES IT; AND (IV) IS NOT REQUIRED 1F A UTILITY CUSTOMER VACATES THE COVERED BUILDING BEFORE EXPLICITLY DENYING THE OWNER CONSENT TO ACCESS AND SHARE THE UTILITY CUSTOMER'S ENERGY -USE DATA. (d) TO MEET THE REQUIREMENTS OF THIS SUBSECTION (4). A QUALIFYING UTILITY THAT IS NOT AN INVESTOR -OWNED UTILITY MAY SEEK AND USE GRANT FUNDING FROM THE COLORADO CLEAN ENERGY FUND, A NONPROFIT CORPORATION, OR THE ENERGY FUND CREATED IN SECTION 24-38.5-102.4 (1)(a)(I). (5) Benchmarkingwaivers and extensions of time. (a) AN OWNER OF A COVERED BUILDING MAY SEEK A WAIVER FROM THE BENCHMARKING REQUIREMENTS SET FORTH IN SUBSECTION (3) OF THIS SECTION IF THE OWNER SUBMITS DOCUMENTATIONTO, AND RECEIVES APPROVALFROM, THE OFFICE, WHICH DOCUMENTATION ESTABLISHES THATTHE COVEREDBUILDING HAS MET ONE OR MORE OF THE FOLLOWING CONDITIONS FORTHE CALENDAR YEAR TO BE BENCHMARKED: (I) THE COVERED BUILDING WAS UNOCCUPIED FOR AT LEAST THIRTY CONSECUTIVE DAYS OF THE YEAR; (II) A DEMOLITION PERMIT WAS ISSUED FOR THE ENTIRE COVERED BUILDING; (III) THE COVERED BUILDING MET ONE ORMORE OFTHE CONDITIONS FOR FINANCIAL HARDSHIP; PAGE 11-HOUSE BILL 21-1286 ATTACHMEM A ATTACHMENTA (IV) THE COVERED BUILDING DOES NOT MEET A QUALIFYING UTILITY'S AGGREGATION THRESHOLD, ONE OR MORE OF THE UTILITY CUSTOMERS REFUSED TO PROVIDE THE OWNER WITH PERMISSION TO ACCESS THE UTILITY CUSTOMER'S RELEVANT ENERGY -USE DATA, THE OWNER PROVIDES PROOF TO THE OFFICE THAT IT REQUESTED PERMISSION FROM THE UTILITY CUSTOMER OR UTILITY CUSTOMERS WITHHOLDING CONSENT AT LEAST THIRTY DAYS BEFORE THE BENCHMARKING REPORT WAS DUE, AND THE OWNER SUBMITS A PLAN TO INCLUDE AN ENERGY -USE DATA SHARING PERMISSION PROVISION IN THE NEXT LEASE RENEWAL; OR (V) THE COVERED BUILDING HAS FOUR OR MORE UTILITY CUSTOMERS, IS NOT LOCATED WITHIN A QUALIFYING UTILITY'S SERVICE TERRITORY, AND IS UNABLE TO GET AGGREGATED DATA FROM THE UTILITY iY:1:11Y1,YR:Y1 �f.71 Y:ix4�]7F7717IIIPUTtr, (b) AN OWNER OF A COVERED BUILDING MAY REQUEST A TIME EXTENSION FROM THE OFFICE TO SUBMIT A BENCHMARKING REPORT IF THE OWNER SUBMITS DOCUMENTATION TO THE OFFICE DEMONSTRATING THAT, DESPITE THE OWNER'S GOOD -FAITH EFFORT, THE OWNER WAS UNABLE TO COMPLETE THE BENCHMARKING REPORT IN A TIMELY MANNER BECAUSE OF THEFAILURE OR REFUSAL OF A QUALIFYING UTILITY OR A UTILITY CUSTOMER TO PROVIDE THENECESSARY INFORMATION ORPERMISSION, AS APPLICABLE. (c) THE OFFICE SHALL NOTIFY THE DIVISION OF ALL APPROVED WAIVERS AND EXTENSIONS OF TIME, THE APPROVAL OF WHICH IS SOLELY WITHIN THE OFFICE'S DISCRETION. (d) PURSUANTTOSUBSECTION(7)OFTHISSECTION,THECOMMISSION MAY, BY RULE, MODIFY THE REQUIREMENTS FOR OBTAINING A WAIVER OR EXTENSION OF TIME PURSUANT TO THIS SUBSECTION (5). (6) Requirements upon sale or lease of a covered building. (a) AT THE TIME OF LISTING A COVERED BUILDING OR A PORTION OF A COVERED BUILDING FOR SALE OR LEASE, THE OWNER OF THE COVERED BUILDING SHALL FURNISH AN ELECTRONIC COPY OF REPORTED BENCHMARKING DATA FROM THE PREVIOUS CALENDAR YEAR OR FROM THE MOST RECENTTWELVE-MONTH PERIOD OF CONTINUOUS OCCUPANCY TO THE FOLLOWING: (I) PROSPECTIVE BUYERS OR LESSEES; PAGE 12-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (II) ANY BROKERS, AS DEFINED IN SECTION 12-10-201 (6), WHO MAKE INQUIRY ABOUT THE PROPERTY; AND (III) MAJOR COMMERCIAL REALESTATE LISTING SERVICES ON WHICH THE PROPERTY IS LISTED. (b) UPON RECEIPT OF THE BENCHMARKING DATA, A COMMERCIAL REAL ESTATE LISTING SERVICE THAT LISTS PROPERTIES IN THE STATE SHALL INCLUDE IN THE PROPERTY'S LISTING, AT A MINIMUM, THE PROPERTY'S ENERGY STAR SCORE, IF APPLICABLE, AND THE PROPERTY'S ENERGY -USE INTENSITY. (C) IF A COVERED BUILDING CHANGES OWNERSHIP, THE FORMER OWNER SHALL MAKE AVAILABLE TO THE NEW OWNER THE ENERGY -USE DATA; UTILITY CUSTOMER CONSENT DOCUMENTATION, IF ANY; AND ANY OTHER INFORMATION ABOUT THE PROPERTY THAT IS NECESSARY TO BENCHMARKTHE COVERED BUILDING. T HIEFORMERO WNERSHALL TRANSFER TO THE NEW OWNER BOTH THE RECORD REPRESENTING THE COVERED BUILDING WITHIN THE BENCHMARKING TOOL AND THE REQUEST TO A QUALIFIED UTILITY FOR AGGREGATED DATA. THE NEW OWNER MAY REQUEST AND RECEIVE FROM A QUALIFYING UTILITY THE AGGREGATED DATA NECESSARY TO FULFILL BENCHMARKING REPORTING REQUIREMENTS. (7) Beuehmarkiug rules. THE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT THE BENCHMARKING PROGRAM SET FORTH IN THIS SECTION. ADDITIONALLY, THE COMMISSION MAY, BY RULE, MODIFY THE FOLLOWING: (a) THE PROVISIONS REGARDING WAIVERS AND EXTENSIONS OFTIME SET FORTH IN SUBSECTION (5) OF THIS SECTION; (b) THE DEFINITION OF "BENCHMARKING DATA", BUT ONLY IF THE MODIFIED DEFINITION CONCERNS DATA THAT: (I) IS CAPABLE OF BEING RECORDED BY THE BENCHMARKING TOOL; AND (II) INCLUDES THE GREENHOUSE GAS EMISSIONS, THE ENERGY STAR SCORE, IF APPLICABLE, AND ENERGY -USE INTENSITY; PAGE 13-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA (C) THE BENCHMARKINGTOOL THAT OWNERS ARE REQUIRED TO USE TO BENCHMARK; (d) DATA VERIFICATION REQUIREMENTS; AND (e) AFTER TUNE 11 20292 THE MINIMUM GROSS FLOOR AREA INCLUDED IN THE DEFINITION OF "COVERED BUILDING". (8) Task force recommendations for implementation - rules - repeal. (a) (I) NO LATER THAN OCTOBER 1, 2021, THE DIRECTOR OF THE OFFICE SHALL APPOINT AND CONVENE A TASK FORCE TO DEVELOP AND PROVIDE RECOMMENDATIONS TO THE COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR ON PERFORMANCE STANDARDS FOR COVERED BUILDINGS. ANY RECOMMENDATIONS MUST BE APPROVED BY AT LEAST TWO-THIRDS OF THE MEMBERS APPOINTED TO THE TASK FORCE. (II) THE TASK FORCE SHALL DEVELOP RECOMMENDATIONS REGARDING THE RULES THAT THE COMMISSION SHALL PROMULGATE PURSUANT TO SUBSECTION (8)(C) OF THIS SECTION, FOR: (A) INTERIM PERFORMANCE STANDARDS THAT WOULD ACHIEVE A REDUCTION IN GREENHOUSE GAS EMISSIONS OF SEVEN PERCENT BY 2026 AS COMPARED To 2021 LEVELS AS REPORTED IN 2022 FOR 2021 BENCHMARKING DATA; (B) PERFORMANCE STANDARDS THATWOULD ACHIEVE A REDUCTION IN GREENHOUSEGAS EMISSIONS OF TWENTYPERCENTBY 2030 AS COMPARED To 2021 LEVELS; AND (C) THE PROCESS FOR ADVISING, SOLICITING PUBLIC INPUT ON, AND MAKING RECOMMENDATIONS TO THE COMMISSION ON PERFORMANCE STANDARDS FOR 2030 TO 2050. (III) IN DEVELOPING RECOMMENDATIONS, THE TASK FORCE SHALL: (A) SOLICIT FEEDBACK FROM ABROAD RANGE OF INDUSTRIES AND BUILDING OWNERS; AND (B) EXAMINE BUILDING TYPES WITH UNIQUE ENERGY NEEDS INCLUDING AVIATION FACILITIES, NURSING HOMES, AND HOSPITALS. PAGE 14-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA (IV) IN CALCULATING GREENHOUSE GAS REDUCTIONS PURSUANTTO THIS SUBSECTION (8), THE CALCULATION MUSTNOT INCLUDE SAVINGS FROM STATEWIDE DECARBONIZATION OF ELECTRICITY OR NATURAL GAS UTILITY GRIDS, BUT MAY INCLUDE SAVINGS FROM UTILITIES' OR LOCAL GOVERNMENTS' ENERGY EFFICIENCY PROGRAMS. (V) ADDITIONALLY, THE TASK FORCE MAY CONSIDER MAKING RECOMMENDATIONS RELATED TO: (A) WORKFORCE AVAILABILITY AND DEVELOPMENT RELATED TO BUILDING ENERGY PERFORMANCE; (B) FINANCIAL AND NONFINANCIAL COSTS AND BENEFITS OF UPGRADED BUILDING ENERGY PERFORMANCE; (C) AVAILABILITY OF PROGRAMS, TECHNICAL ASSISTANCE, AND INCENTIVES TO SUPPORT BUILDING OWNERS, UTILITIES, AND LOCAL GOVERNMENTS; (D) OPPORTUNITIES TO IMPROVE COMMERCIAL BUILDING ENERGY USE IN COLORADO; AND (E) HOW REGULATIONS AND AGENCY SUPPORT COULD HELP ENSURE BUILDINGO WNERS AVOID FINES THROUGH COMPLIANCE WITH PERFORMANCE STANDARDS. (VI) IN DEVELOPING ITS RECOMMENDATIONS, TEE TASK FORCE MAY CONSIDER: (A) BENCHMARKING DATA REPORTED PURSUANTTO SUBSECTION(3) OF THIS SECTION; (B) BENCHMARKING DATA FROM COMMUNITIES THAT ARE CURRENTLY CONDUCTING COMMERCIAL BUILDING BENCHMARKING; (C) ANY OTHER PUBLICLY AVAILABLE BUILDING BENCHMARKING DATA THROUGH WHICH BENCHMARKING IS REPORTED TO A BUILDING BENCHMARKING PROGRAM IN COLORADO; AND (D) ANY OTHER INFORMATION THAT THE OFFICE DETERMINES IS PAGE 15-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA AVAILABLE REGARDING ENERGY USE IN COMMERCIAL BUILDINGS IN COLORADO. (b) ON OR BEFORE OCTOBER 1, 2022; THE TASK FORCE SHALL DELIVER TO THE DIRECTOR OF THE OFFICE ANY FINAL RECOMMENDATIONS DEVELOPED. THE DIRECTOR OF THE OFFICE SHALL SEND COPIES OF THE TASK FORCE'S FINAL RECOMMENDATIONS TO THE COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR. (C)(I) IFAT LEASTTWO-THIRDS OFTHE MEMBERS APPOINTED TOTHE TASK FORCE AGREE ON RECOMMENDATIONS PURSUANT TO SUBSECTION (8)(a)(I) OF THIS SECTION, AND THE DIRECTOR OF THE OFFICE IN CONSULTATION WITH THE DIVISION DETERMINES THAT THE RECOMMENDATIONS MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION, THE DIVISION SHALL, ON OR BEFORE JANUARY 31, 20239 REQUEST THAT THE COMMISSION PUBLISH A NOTICE OF PROPOSED RULE -MAKING TO ADOPT RULES TO IMPLEMENT PERFORMANCE STANDARDS. ON OR BEFORE JUNE 1, 2023, THE COMMISSION, UPON CAREFUL CONSIDERATION OF THE RECOMMENDATIONS OF THE TASK FORCE AS PRESENTED BY THE DIVISION, SHALL PROMULGATE RULES TO ESTABLISH PERFORMANCE STANDARDS. THE COMMISSION SHALL ALSO ADOPT RULES REGARDING WAIVERS AND EXTENSIONS OF TIME REGARDING THE PERFORMANCE STANDARD REQUIREMENTS. THECOMMISSION'S RULES MUST INCLUDE APROVISIONTHAT AN OWNER OF A PUBLIC BUILDING NEED ONLY COMPLY WITH PERFORMANCE STANDARDS WITH REGARD TO WORK ON A CONSTRUCTION OR RENOVATION PROJECT THAT: (A) HASAN ESTIMATED COST OFATLEASTFIVE HUNDREDTHOUSAND DOLLARS; (B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED BUILDING'S SQUARE FOOTAGE; AND (C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, ORTENANT FINISHES THAT DO NOT IMPACT ENERGY USE. (II) IF TWO-THIRDS OF THE MEMBERS OF THE TASK FORCE CANNOT AGREE ON RECOMMENDATIONS OR IF THE DIRECTOR OF THE OFFICE IN CONSULTATION WITH THE COMMISSION DETERMINESTHATTHE TASK FORCVS PAGE 16-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA RECOMMENDATIONS DO NOT MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION, THE COMMISSION, ON OR BEFORE JUNE 19 2023, SHALL, BY RULE, ADOPT PERFORMANCE STANDARDS THAT MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION. THE COMMISSION SHALL ALSO ADOPT RULES REGARDING WAIVERS AND EXTENSIONS OF TIME REGARDING THE PERFORMANCE STANDARD REQUIREMENTS. THE COMMISSION'S RULES MUST INCLUDE A PROVISION THATAN OWNEROF A PUBLIC BUILDINGNEED ONLY COMPLY WITH PERFORMANCE STANDARDS WITH REGARDTO WORKON A CONSTRUCTION OR RENOVATION PROJECT THAT: (A) HAS AN ESTIMATED COST OF AT LEAST FIVE HUNDRED THOUSAND DOLLARS; (B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED BUILDING'S SQUARE FOOTAGE; AND (C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, ORTENANT FINISHES THAT DO NOT IMPACT ENERGY USE. (III) THE COMMISSION SHALL NOT ADOPT RULES TO RESCIND OR MODIFY THE EXEMPTIONS FOR OWNERS OF PUBLIC BUILDINGS FROM PAYMENT OF THE ANNUAL FEE, AS SET FORTH IN SECTION 24-38.5-112 (1)(e)(II), ORFROMPAYMENT OFCIVIL PENALTIES, ASSET FORTH IN SECTION 25-7-122 (1)(i). (IV) THE COMMISSION SHALL, AS NECESSARY, ADOPT RULES TO MODIFY OR CONTINUE THE PERFORMANCE STANDARDS UNTIL 205 0 IN ORDER TO ACHIEVE OR EXCEED GREENHOUSE GAS EMISSION REDUCTION TARGETS SET FORTH IN SECTION 25-7-102 (2)(g). (d) THE TASK FORCE CONSISTS OFTHE FOLLOWING MEMBERS, ALL OF WHOM, EXCEPT THE REPRESENTATIVES OF THE OFFICE AND THE DIVISION, ARE VOTING MEMBERS: (I) THE DIRECTOR OF THE OFFICE OR THE DIRECTOR'S DESIGNEE; (II) THE DIRECTOR OF THE DIVISION OR THE DIRECTOR'S DESIGNEE; PAGE 17-HOUSE BILL 21-1286 AWACHMEW A ATTACHMENTA (III) TWO MEMBERS WHO ARE OWNERS OF COMMERCIAL COVERED BUILDINGS OR WHO REPRESENT OWNERS OF COMMERCIAL COVERED BUILDINGS; (IV) ONE MEMBER WHO IS A BUILDING OPERATING ENGINEER; (V) ONE MEMBER WHO IS AN OWNER OF A MULTIFAMILY RESIDENTIAL COVERED BUILDING OR WHO REPRESENTS OWNERS OF MULTIFAMILY RESIDENTIAL COVERED BUILDINGS; (VI) ONE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING ORGANIZATION; (VII) TWO MEMBERS WHO HAVE DIRECT EXPERIENCE IN, OR ARE MEMBERS OF ORGANIZATIONS REPRESENTING WORKERS IN, MECHANICAL, PLUMBING, OR ELECTRICAL WORK; (VHI) ONE MEMBER REPRESENTING ARCHITECTS; (IX) ONE MEMBER REPRESENTING PROFESSIONAL ENGINEERS WITH EXPERIENCE WORKING ON SYSTEMS FOR BUILDINGS; (X) ONE MEMBER REPRESENTING DEVELOPERS, CONSTRUCTION ORGANIZATIONS, OR BUILDING CONTRACTORS; (XI) ONE MEMBER REPRESENTING AN ELECTRIC UTILITY, A GAS UTILITY, OR A COMBINED ELECTRIC AND GAS UTILITY; ()GI) TWO MEMBERS OF ENVIRONMENTAL CONSERVATION OR ENVIRONMENTALJUSTICE GROUPS WITH EXPERIENCE IN ENERGY EFFICIENCY OR THE BUILT ENVIRONMENT; (XIII) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY PERFORMANCE ORDINANCE OR RESOLUTION; (XIV) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS NOT ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY PERFORMANCE ORDINANCE OR RESOLUTION; AND PAGE 18-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (XV) THREE MEMBERS WITH RELEVANT BUILDING PERFORMANCE EXPERTISE, AS DETERMINED BY THE DIRECTOR OF THE OFFICE. (e) AN APPLICANT FOR THE TASK FORCE MUST SUBMIT WITH THE APPLICATION A RECOMMENDATION FROM A RELEVANT MEMBER OR TRADE ORGANIZATION, IF SUCH MEMBER OR TRADE ORGANIZATION EXISTS. IN MAKING APPOINTMENTS TO THE TASK FORCE, THE DIRECTOR OF THE OFFICE SHALL STRIVE TO ENSURE GEOGRAPHIC DIVERSITY. (f) SUBSECFIONS (8)(a), (8)(b), (8)(d), AND (8)(e) AND THIS SUBSECTION (8)(f) ARE REPEALED, EFFECTIVE JULY 1, 2025. (9) Saving clause. THIS SECTION DOES NOT RESTRICT: (a) THE ABILITY OF A QUALIFYING UTILITY TO PROVIDE INCENTIVES OR OTHER ENERGY EFFICIENCY PROGRAM SERVICES FOR COVERED BUILDINGS; (b) THE ABILITY OF AN INVESTOR -OWNED UTILITY TO TAKE CREDIT, AS DEEMED APPROPRIATE BY THE PUBLIC UTILITIES COMMISSION, FOR ENERGY OR GREENHOUSE GAS EMISSION SAVINGS ACHIEVED FOR COVERED BUILDINGS; (c) THE ABILITY OF A QUALIFIED UTILITY TO SET AN AGGREGATION THRESHOLD THAT IS LESS THAN FOUR; OR (d) A LOCAL GOVERNMENT FROM ADOPTING OR IMPLEMENTING AN ORDINANCE OR RESOLUTION THAT IMPOSES MORE STRINGENT BENCHMARKING OR PERFORMANCE STANDARD REQUIREMENTS. SECTION 2. In Colorado Revised Statutes, 24-38.5-102.4, amend (2)(b)(VII); and add (2)(b)(VII.5) as follows: 24-38.5-102.4. Energy fund - creation - use of fund - definitions - repeal. (2) (b) The Colorado energy office may expend money from the energy fund: (VII) To educate the general public on energy issues and opportunities; mtd PAGE 19-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA (VII.S) TO IMPLEMENT THE BUILDING PERFORMANCE PROGRAM DEFINED IN SECTION 24-38.5-112 (3)(b) AND DESCRIBED IN THAT SECTION AND SECTION 25-7-142; AND SECTION 3. In Colorado Revised Statutes, add 24-38.5-102,6 and 24-38.5-112 as follows: 24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND, REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF: (a) CIVIL PENALTIES CREDITED TO THE FUND PURSUANT TO SECTION 25-7-122 (b) BUILDINGPERFORMANCEPROGRAM FEES CREDITEDTO THEFUND PURSUANT TO SECTION 24-38.5-112 (1)(e), WHICH FEES MUST BE SEPARATELY ACCOUNTED FOR IN THE FUND; (C) GIFTS, GRANTS, AND DONATIONS MADE TO THE COLORADO ENERGY OFFICE TO HELP FINANCE ITS ADMINISTRATION OF CLIMATE CHANGE MITIGATION OR ADAPTATION PROGRAMS AND POLICIES; (d) ANY MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND; AND (e) ANY OTHER MONEY CREDITED TO THE FUND. (2) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE COLORADO ENERGY OFFICE FOR THE PURPOSE OF FINANCING AND ADMINISTERINGTHE BUILDING PERFORMANCE PROGRAMDEFINED IN SECTION 24-38.5-112 (3)(b) AND DESCRIBED IN THAT SECTION AND SECTION 25-7-142. (3) THESTATETREASURERSHALLCREDITALLDn ERESTANDINCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. 24-38.5-112. Building performance program -duties of the office - county assessor records database - fees - definitions. (1) THE PAGE 20-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENT COLORADO ENERGY OFFICE SHALL IMPLEMENT A BUILDING PERFORMANCE PROGRAM AS FOLLOWS: (a) BASED ON COUNTY ASSESSOR RECORDS AND OTHER AVAILABLE SOURCES OF INFORMATION, THE OFFICE SHALL ADMINISTER THE BUILDING PERFORMANCE PROGRAM BY: (I) CREATINGA DATABASE OF COVERED BUILDINGS AND OF OWNERS REQUIRED TO COMPLY WITH THE BUILDING PERFORMANCE PROGRAM; (II) TRACKING COMPLIANCE WITH THE BUILDING PERFORMANCE PROGRAM; (III) MAINTAINING A LIST OFNONCOMPLIANT OWNERS; AND (IV) IN A FORM AND MANNER DETERMINED BY THE OFFICE, IN CONSULTATIONWITHTHEDMSIONOFADMINISTRATIONINTHEDEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, PERIODICALLY PROVIDING THE DIVISION WITH A LIST OF NONCOMPLIANT OWNERS FOR THE DIVISION'S ENFORCEMENT OF THE BUILDING PERFORMANCE PROGRAM PURSUANT TO SECTION 25-7-122 (1)(I). (b) UPON REQUEST OF THE OFFICE, A COUNTY ASSESSOR SHALL, IF FEASIBLE USING EXISTING RESOURCES, PROVIDE READILY AVAILABLE PROPERTY DATA FROM EXISTING RECORDSTO THE OFFICE ASNECESSARY FOR IMPLEMENTATION OF THIS SECTION. (c) THE OFFICE SHALL MAKE PUBLICLY AVAILABLE, THROUGH DIGITALLY INTERACTIVE MAPS, LISTS, OR OTHER TECHNOLOGY AS DETERMINED BY THE OFFICE, BENCHMARKING DATA FOR ALL COVERED BUILDINGS THAT HAVE REPORTED IN EACH YEAR PURSUANT TO SECTION 25-7-142 (3). THE PUBLICLY AVAILABLE DATA MUST NOT INCLUDE ANY CONTACT INFORMATION FORA COVERED BUILDING THAT IS NOT OTHERWISE PUBLICLY AVAILABLE. (d) THE OFFICE SHALL COORDINATE WITH ANY LOCAL GOVERNMENT THAT IMPLEMENTS ITS OWN ENERGY BENCHMARKING OR ENERGY PERFORMANCE PROGRAM, INCLUDING THE COORDINATION OF REPORTING REQUIREMENTS. PAGE 21-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA (e) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(exII) OF THIS SECTION, TO FINANCE THE OFFICE's ADMINISTRATION OF THE BUILDING PERFORMANCE PROGRAM, THE OFFICE SHALL COLLECT FROM EACH OWNER OF A COVERED BUILDING AN ANNUAL FEE OF ONE HUNDRED DOLLARS PER COVERED BUILDING. THE OFFICE SHALL TRANSFER THE FEES COLLECTED TO THE STATE TREASURER, WHO SHALL CREDIT THEM TO THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND CREATED IN SECTION 24-38.5-102.6. (II) THE OWNER OF A PUBLIC BUILDING IS EXEMPT FROM PAYINGTHE ANNUAL FEE DESCRIBED IN SUBSECTION (1)(e)(1) OF THIS SECTION. (2) TO IMPLEMENT THE BUILDING PERFORMANCE PROGRAM, THE COLORADO ENERGY OFFICE SHALL ASSIST BUILDING OWNERS TO INCREASE ENERGY EFFICIENCY AND REDUCE GREENHOUSE GAS EMISSIONS FROM THEIR BUILDINGS, INCLUDING BY PROVIDING OUTREACH, TRAINING, TECHNICAL ASSISTANCE, AND GRANTS TO BUILDING OWNERS TO HELP THEIR BUILDINGS COME INTO COMPLIANCE WITH THE BUILDING PERFORMANCE PROGRAM. (3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "BENCHMARKING DATA" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(d). (b) "BUILDING PERFORMANCE PROGRAM" MEANS THE 13ENCHMARKING REQUIREMENTS SET FORTH IN SECTION 25-7-142 (3) AND PERFORMANCE STANDARD REQUIREMENTSSETBY THE COMMISSION BY RULE PURSUANT TO SECTION 25.7-142 (8)(C). (C) "COLORADO ENERGY OFFICE" OR "OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101. (d) "COMMISSION" MEANS THE AIR QUALITY CONTROL COMMISSION CREATED IN SECTION 25-7-104 (1). (e) "COVERED BUILDING" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)0). (f) "OWNER" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(r)• PAGE 22-HOUSE BILL 21-1286 ATTACHMENTA ATTACHMENTA SECTION 4. In Colorado Revised Statutes, 25-7-122, add (1)(i) as follows: 25-7-122. Civil penalties - rules - definitions. (1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions: (i) (I) ON AND AFTER JANUARY I, 20249 AND EXCEPT AS PROVIDED IN SUBSECTION (1)(i)(II) OF THIS SECTION, AN OWNER OF A COVERED BUILDINGTHATVIOLATES SECTION25-7-142(3) OR(6) IS SUBIECTTOA CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION AND UP TO TWO THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION. AS PART OF THE REQUIREMENT THAT THE COMMISSION ADOPT RULES TO ESTABLISH PERFORMANCE STANDARDS PURSUANT TO SECTION 25-7-142 (8)(c)2 THE COMMISSION SHALL ESTABLISH BY RULE, WITH REGARD TO A VIOLATION OF THE PERFORMANCE STANDARDS, CIVIL PENALTIES IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR A FIRST VIOLATION AND FIVE THOUSAND DOLLARS FOR A SUBSEQUENT VIOLATION. (II) THE DIVISION SHALL NOT ASSESS A CIVIL PENALTY FOR A VIOLATION RELATED TO A PUBLIC BUILDING. (III) NOTWITHSTANDING SECTION 25.7-129, THE DIVISION SHALL TRANSMIT CIVIL PENALTIES COLLECTED PURSUANT TO THIS SUBSECTION (1)(i) TO THE STATE TREASURER, WHO SHALL CREDITTHEM TO THE CLIMATE CHANGE MITIGATION AND ADAPTATION FUND CREATED IN SECTION 24-38.5-102.6. (IV) AS USED IN THIS SUBSECTION (1)(i): (A) "COVERED BUILDING" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(). (B) "OWNER" HAS THE MEANING SET FORTH IN SECTION 25-7-142 (2)(r)• SECTION 5. In Colorado Revised Statutes, 29-12.5-101, amend (3) introductory portion, (3)(f), and (3)(h); and repeal (3)(g) as follows: PAGE 23-HOUSE BILL 21-1286 AWACHMEMA ATTACHMENTA 29-12.5-101, Definitions. As used in this article 12.5: (3) "Energy performance contract" means a contract for evaluations, recommendations, or implementation of one or more energy saving measures designed to produce utility costs COST savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract: (f) Requires such A board, upon termination or expiration of the contract, to return to snoh THE party any moneys MONEY THAT THE PARTY deposited With Such THE board that Me AND DID not forfeited FORFEIT to such THE board pursuant to SUBSECTION (3)(e) OF THIS SECTION; AND (g) Reclaires that not less than oile-tenth Of at! Payments, exCup payLnCut� for 111ailitVilarM Mid Mpaira mid obfirations on Hie termination of the e0uhnCt prior to expitation, to be made by stich bomd shall be made mithin two years fiont the date of ereention of die contract, an (h) Requires that the remaining stieb pftyInentS to be Made by such board shall be ma& within tyvel ve years fion, the date Of CAcmfion of dre contract, except that tire maximum term of the payments shaii THAT THE BOARD MAKES MUST be less than the cost -weighted average useful life of energy cost -savings equipment for which the contract is made, not to exceed twenty-five years. SECTION 6. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety -day period after final adjournment of the general assembly; except that, if a referendum petition is fled pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. PAGE 24-HOUSE BILL 21-1286 AWACHMEWA ATTACHMENTA (2) This act applies to conduct occurring on or after the applicable effective date of this act. !N Alec Garnett SPEAKER OF THE HOUSE OF REPRESENTATIVES Z✓� Leroy cia PRESIDENT OF THE SENATE 1 a. nak&Ctt obin Jones Cindi L. Markwell CHIEF CLERK OF OUSE SECRETARY OF OF REPRESENTATIVES r"I APPROVED YU. 24 I 0D ak� 1Z,M pkr (Datg and Time) A Jared OF PAGE 25-HOUSE BILL 21-1286 STATE OF COLORADO AWACHMEWA ATTACHMENTB Colorado Benchmarking Ordinances Analysis Boulder Building Performance Ordinance Website: https://bouldercolorado.gov/services/building-performance-ordinance Annual Reporting Deadline: June 1 ---> See below for extensions. o Energy Assessment requirement for all buildings 30,000 to 49,999 square feet extended from June 1, 2021 to Dec. 31, 2021 o The One-time Lighting Upgrade requirement for all buildings 50,000 and greater (including city facilities) extended from June 1, 2021 to June 1, 2022, o Retro-commissioning Report requirements for all buildings over 50,000 square feet and larger (including city facilities) extended from June 1, 2021 to June 1, 2022. All Retro-commissioning Measure Implementation requirements will be moved from June 1, 2023 to June 1, 2024. o There will be no change to June 1, 2021 Rating and Reporting deadline for all buildings 20,000 square feet and larger including city facilities. Water also required? No Policy Schedule: Property Initial Reporting Date City -owned buildings greater than 5,000 sqft May 1, 2016 Any building greater than 50,000 sqft August 1, 2016 Any building greater than 30,000 sqft June 1, 2018 Any building greater than 20,000 sqft June 1, 2020 Any building greater than 10,000 sqft where the initial building permit was issued on or after January 31, 2014 August 1, 2016 Aspen Building IQ • Website: https://www.cityofaspen.com/1245/Building-IQ • Annual Reporting Deadline: June 1 • Water also required?: Yes ATTACHMEWA ATTACHMENTB Property Initial Reporting Date All City -owned properties June 30, 2022 Commercial buildings greater than 20,000 sqft December 1, 2022 Commercial buildings greater than 15,000 sqft June 1, 2023 Commercial buildings greater than 10,000 sqft June 1, 2024 Commercial buildings greater than 5,000 sqft June 1, 2025 Multifamily buildings greater than 20,000 sqft June 1, 2024 Multifamily buildings greater than 15,000 sqft June 1, 2025 Fort Collins Building Energy and Water Scoring • Website: https://www.fcgov.com/bews/ • Annual reporting deadline: March 1 • Water also required? Yes • Policy Schedule: Property Initial Reporting Date Commercial and City -owned buildings greater than 20,000 sqft March 1, 2020 Commercial and City -owned buildings greater than 10,000 sqft March 1, 2021 Commercial and City -owned buildings greater than 5,000 sqft March 1, 2022 Multifamily buildings greater than 20,000 sqft March 1, 2021 Multifamily buildings greater than 10,000 sqft March 1, 2022 Multifamily buildings greater than 5,000 sqft March 1, 2023 Denver Environmental Health Reporting, Energize Denver Ordinance • Website: httos://www.denvergov.org/content/denvergov/en/climate- sustainabil itv/goals-policy/benchmarking-ordinance.html AWACHMEWA ATTACHMENTB • How -To Video Series: httos://www.youtube.com/channel/UCO0olYDIHWONMLEUmGnet6w • Annual Reporting Deadline: June 1 • Water also required? No • Policy Schedule: Property Initial Reporting Date City -owned buildings greater than 25,000 sgft June 1s', 2021 TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator �� RE: Recycling Campaign Update DATE: February 7, 2023 c o L Q H A [J o SUMMARY: This written report serves to provide Council with a progress update of the recycling education campaign. The Town of Avon's recycling education campaign, Recycle Together, officially began on Monday, January 30, 2023. Recycle Togetherwill continue to the end of 2023 in order to consistently raise awareness, deliver educational content, and provide support for all Avon residents and businesses to comply with Ordinance 22-13 Enacting Chapter 8.14 — Recycling of the Avon Municipal Code. No action is required by Council. BACKGROUND: On September 27, 2022, the Avon Town Council passed Ordinance 22-13, which will require universal recycling for all residents, commercial entities and visitors in Avon starting on November 1, 2023. The ordinance requires all multi -family and commercial properties to register for recycling services with their waste hauler and separate recyclable materials from landfill -bound trash. CAMPAIGN PLAN: The Recycle Together education campaign includes the following components: • A new logo design specific for Avon's sustainability programs (ATTACHMENT A). • Weekly social media posts on the Town of Avon, Colorado Government Facebook page and extended content on the Rec r� cling page of the Town of Avon website. This step includes weekly website updates to populate the Avon website with Recycling resources (ATTACHMENT B). • Trash Talk Thursday: a weekly video series on the Town of Avon, Colorado Government Facebook page that answers one question from Avon residents regarding recycling, composting or reducing waste (ATTACHMENT C). • Press releases on the Town of Avon website (ATTACHMENT D). • In -person public forums at the Avon Town Hall for businesses and multi -family residents. • Advertising and publications on community media platforms such as the Vail Daily, KZYR radio station and others (ATTACHMENT E). • Resharing of content by community media platforms such as High Five Media, Walking Mountains Science Center, Vail Valley Partnership and others. • Town of Avon monthly newsletters would recap the social media content of the month. • Direct mail to all Avon residents and businesses. • Stickers with recycling information. • Door-to-door business visits. • Personalized recycling consultations. FINANCIAL CONSIDERATIONS: The cost of Recycle Together education campaign will come out of the 2023 Sustainability Budget, including $12,500 for the development of marketing content, $8,860 for advertising, $6,600 for video production and $15,000 for printing educational materials. NEXT STEPS: Staff will continue to implement the Recycle Together education campaign based on the plan as presented and improve the plan as needed. Thank you, Charlotte 970-748-4083 clin@avon.org ATTACHMENT A: Town of Avon Sustainability Logos ATTACHMENT B: Examples of weekly social posts ATTACHMENT C: Example of a Trash Talk Thursday video ATTACHMENT D: Example of Press Release (Jan 30, 2023) ATTACHMENT E: Example of Vail Daily article (Feb 2, 2023) Page 2 of 5 ATTACHMENT A Ja.v. 0 n SUSTAINABLE TOGETHER A41Lmii umis Avion A "-- .avon �RECYCLING� A*4oL= ,avon 'qWRE,CYCLE TQGE,THERV" Page 3 of 5 ATTACHMENT B aoxers 0 I�ma MAIM UMMOMW VAIL VALLEY WASTE Ai THE LOCAL SOLUTION VAIL HONEYWAGON Rubbish & Recycling WASTE MANAGEMENT w 05 �e w a-Ot6 09?l 1 Check the Town of Avon Recycling Y g page Requirements Resources Assistance FI 'p. A *6 A Avon Page 4 of 5 B0tiles & prostic �ners Go "tea r, r f Y r rl�►'' Flattened Cardboard & Paperboard ATTACHMENT B A YS. Paper Glass Bottles & Containers f EMAIL SUSTAINABILITY COORDINATOR CHARLOTTE LIN (CLIN@AVON.ORG) FOR MORE INFORMATION no Page 5 of 5 TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator & Eva Wilson, Public Works Director RE: Town of Avon Sustainable Transportation Policy for Employees DATE: February 3, 2023 Avon C0L0HAL)0 SUMMARY: The Transportation & Mobility section in the Eagle County Climate Action Plan lists "establish policies to support multi -modal commuting, flexible work arrangements, and remote work" as an immediate priority action to reduce greenhouse gas ("GHG") emissions. In response to this, the Town of Avon has designed and adopted a "Sustainable Transportation Policy: Avon Employees" policy (ATTACHMENT A) on February 6, 2023. This Sustainable Transportation Policy is adopted to promote the reduction of GHG emissions generated by Town of Avon employees commuting to work. This policy is voluntary and provides six incentives to reduce single -occupancy vehicle travel to and from the Town of Avon workplace. The incentives are as follows and the details of each program can be reviewed in the attached policy. 1. ECO Transit Bus Pass Reimbursement Program 2. Carpool Mileage Reimbursement Program 3. Carpool Vehicle Program 4. Complimentary E-bikeshare "SHIFT BIKE" Program 5. E-Bike Purchase 6. Remote Work Program No actions are required by Council. NEXT STEPS: Staff will continue to manage the monthly reimbursement requests and maintain a record of the reimbursed mileage and the GHG savings through this effort. FINANCIAL CONSIDERATIONS: We estimate a $30,000 per year budget to support this program. The 2023 cost breakdown is as follows: Carpool Reimbursement Program Weekly projected Reimb (varies btw 4 day or5 days) IRS reimbursement Roundtrip # of Carpools Daily projected Used 5 days to be monthly Annual Projected Rate $0.655f mile Miles (est) Reimb conservative projected Reimb Reimb Leadville $0.3275 74 2 $48.47 $242.35 k,090.58 $12,602.20 Gypsum $0.3275 56 2 $36.68 5183.40 51,100.40 $13,204.80 Potential total Reimbursement $25,807.00 Budget Amendment 530,000.00 Thank you, Charlotte and Eva ATTACHMENT A: Sustainable Transportation Policy: Avon Employees 970-390-2014 ewilson(cDavon.org 970-748-4083 clin(cDavon.org This Sustainable Transportation Policy is adopted to promote the reduction of greenhouse gas emissions generated by Town of Avon employees commuting to work. This policy is voluntary and provides a variety of incentives to reduce single -occupancy vehicle travel to and from the Town of Avon workplace. Specific sustainable transportation programs are described as follows: 1. ECO Transit Bus Pass Reimbursement Program: An easy way to be "green" is to jump on a bus. Avon Transit, Vail Transit, and Beavercreek Transit are all fare -free. The Town of Avon will reimburse half of your monthly ECO Transit Pass purchases when you ride 22 times on the regular route and 29 times on the Leadville Route. If you want to go with the 10-dde pass, complete the 10 rides for full reimbursement. ECOTRANSm 30 DAY FARES PER RIDE RATE 24 HWR PASS 10-RIDE PASS EC YOUTH (18-) EC SENIOR(B ) UNLIMITED REGUTARROIIIE $ Coo $ 8.W $ M.M $ 35.00 UADVILLE ROUTE $ 7.00 $ AM $ 200.00 $ 45.00 YOMH $ 1.00 $25.00ANNUAL SENIOR $ 1.W $2.MANNUAL 2. Carpool Mileage Reimbursement Program: Riding to work with an Avon coworker? the Town will reimburse the driver of the vehicle used for carpools at half the IRS mileage rate (32.750 per mile) for each trip with two Avon employees and will reimburse the driver at the full IRS mileage reimbursement rate (65.50 per mile) for each trip with three or more Avon employees. 3. Carpool Vehicle Program: The Town of Avon may purchase and allocate a Town vehicle to support carpooling for groups of three (3) or more employees who work similar shifts and who commute in similar directions from the same location or on the same general route. The carpool team minimum is 3 employees. Carpool teams, vehicles, and schedules shall be coordinated by participating employees and respective Directors. New Carpool Vehicles and routes must first demonstrate consistency of carpool usage and ridership through the Carpool Mileage Reimbursement Program before the Town will consider including a vehicle purchase in the annual budget process. General rules and guidelines for Carpool Vehicles include: (1) Pets, smoking, and alcohol consumption are prohibited in all Avon vehicles. (2) Carpool team leads have the following responsibilities: Sustainable Transportation Policy: Avon Employees A Adopted February 6, 2023 Page 1 of 2 Avon �SU94NAIUWNI1XRlIIW� (a) Pre -trip checks of the vehicle, including required pre -trip checks documentation. (b) Safe operation of the vehicle at all times and in accordance with all applicable laws. (c) Daily upkeep of shuttle rider log and mileage/fuel log. (d) Submit shuttle rider logs and mileage/fuel logs to the Carpool Coordinator. 4. Complimentary E-bike share "SHIFT BIKE" program: The regional e-bikeshare includes the leasing of 90 electric bikes stationed throughout the three communities. As a TOA employee, you receive a FREE locals -only membership for the season from June 7 to October 31. This membership provides you with 60 minutes of ride time per day for free. After that, it is $0.15/minute. Avon ebikeshare stations are located at (1) Avon Station, (2) Recreation Center, (3) Aspens Bus Stop, (4) Harry A. Nottingham Park parking lot, (5) City Market Bus Stop and (6) Wildridge (O'Neal Spur Park.) Visit https://shift-bike.com/ and sign up for your free membership. 5. E-Bike Purchase: Town will provide reimbursement for the purchase of an e-bike up to $200 for a new bike and $100 for a used e-bike in accordance with guidelines adopted by the Town. To apply, visit Avon.org/ebike. This program may be amended, updated, or discontinued at any time depending upon funding availability. 6. Remote Work Program: To reduce the carbon emission footprint associated with commuting and advance Climate Action goals, the Town of Avon provides the opportunity to eligible employees to perform work remotely at a location other than the Town of Avon workplace. The Remote Work policy is anticipated to reduce average weekly commutes from 4.5 days per week to 3 days per week. The Remote Work policy strives to allow a Remote Work schedule and flexibility without reducing or negatively impacting the quality of customer service for the Avon community. Please see the 2022 Town of Avon Employee Policies for guidelines. REIMBURSEMENT AND REPORTING GUIDELINES AND PROCEDURES: 1. Participation requires Department Director's Approval 2. Keep a detailed travel log and save receipts 3. Submit Carpool and ECO Transit Bus Pass reimbursements with the Avon Professional Development and Business Travel Form at the end of the month. 4. Submit monthly reimbursement requests to the Sustainability Coordinator, Charlotte Lin (clin(@avon.orq). Sustainable Transportation Policy: Avon Employees Adopted February 6, 2023 Page 2 of 2 Avon 'qWSUSTAINAaL€ 70 TO: Honorable Mayor Phillips and Council members A FROM: Eva Wilson, Public Works Director Avon RE: Eagle Valley Transportation Authority - Grants Update DATE: February 9, 2023 C o L o H A D o SUMMARY: This report provides an update on grants applied for on behalf of the Eagle Valley Transportation Authority (EVTA). The successful approval of EVTA on Nov 8, 2022, was supported by a couple of grants. 1. 2021 DOLA Grant for Outreach and Employee Survey: $8,000 a. Local match partners: Eagle County, Town of Vail, and Beavercreek Metro District ($1 K each) 2. 2022 CDOT 5304 Transportation Planning Grant: $96,000 (Total Project: $120,000) a. Local match partners: Eagle County and Town of Vail ($8K each) On Feb 6, 2023, the Town of Avon was awarded the 2023 CDOT 5304 Transportation Planning for $96,000 (Total Project: $120,000) in support of EVTA. The Scope of Work includes transit service planning to implement a fare -free transit zone, expanded Valleywide transit service, technology, infrastructure, and bus assets needed to provide high -efficiency transit service. FINANCIAL CONSIDERATIONS: The 20% local match for the 2023 CDOT 5304 Transportation Planning grant will be provided by EVTA. Thank you, Eva 970-390-2014 ewilson@avon.org