TC Council Packet 04-09-2002
rl_
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny is
Mac McDevitt /
Buz Reynolds
Judy Yoder
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Town Council Meetings/?
Roll Call Check Shee
Date: X19 /oa
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
./ Bill Efting
Larry Brooks A
Jacquie Halburnt
Scott Wright
Jeff Layman
_ Norm Wood
Meryl Jacobs
Bob Reed
Harry Taylor
Ruth Borne
Other Staff
L\Town ClerkTouncilTacketsTouncil Meeting Check List.doc
TOWN OF AVON
Planning & Zoning Commission Member Applicant Interviews
Tuesday, April 9, 2002
PM
4:00 Chris Evans
4:05 Greg Macik
4:10 Brian Sipes
4:15 Patrick Him
4:20 Vaughn Miller
4:25
4:30 Terry Smith
4:35 Jim Buckner
Amy Phillips is unable to meet during this timeframe
P&Z Interviews.As 04/04/2002
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
Date March 21, 2002
Re: Application for Planning & Zoning Members
Summary: There are four (4) positions expiring on May 1, 2002 on the Planning &
Zoning Commission. Attached please, find-eight (8) applications and resumes submitted for
the respective positions. Three of the current members: Greg Macik, Brian Sipes, and
Chris Evans have reapplied for the positions.
Staff Recommendations: After review and consideration, staff recommends interviews
be scheduled for the Council Work Session on April 9 to select four Planning & Zoning
members. Interviews should be scheduled for approximately 5 minutes.
Town Manager Comments
Attachments: Applications and Resumes for Planning & Zoning Commission
• Chris Evans
• Greg Macik
• Brian Sipes
• Patrick Him
• Terry Smith
• Jim Buckner
• Vaughn Miller
• Amy Phillips
Memo to Town Council, March 26, 2002 Page 1 of 1
3Evans
CONSTRUCTION GROUP
Chaffee
P.O. Box 8266 • 101 Eagle Road, Bldg. 7 • Avon, CO 81620 • ph. 970.845.0466 • fx. 970.845.0465 • wv?o .Vtr,
"We are what we repeatedly do. Excellence, then, is not an act, but a habit." MAR 15 ?OQ
Friday, March 15, 2002 Community OeVefoOmant
Ms. Kris Nash
Town Of Avon
Avon, CO 81620
Ms. Nash:
Please accept this letter of interest for the vacancies advertised for the Planning
and Zoning Commission for the Town of Avon. I have served on the Town of Avon
Planning and Zoning Commission since January 1997. I have been Chairman for the
past three years.
The reasons for my original application to the Planning and Zoning Commission
remain true today. The arbitrary and capricious tendencies that tend to creep into
the decision making process should not be tolerated or fostered when implementing
and enforcing the rules and regulations by which the Planning and Zoning
Commission is governed. Even in the role of a Design Review Board, the decisions
made by the Planning and Zoning Commission should be the result of fair and evenly
applied interpretation of the design guidelines.
My background as an engineer at NASA, and now as an owner of a successful
general contracting firm, allows me the insight and logical thought process needed
to understand and apply the Planning and Zoning regulations as well as the
application of the design guidelines.
I believe that I have had a positive influence as a member of the Planning and
Zoning Commission over the past five years. I am willing and able to continue
serving on this commission and would greatly appreciate re-appointment.
Sin ely
Chris Evans
TAB Associates, Inc.
The Architectural Balance
P.O. Box 7431 Avon, CO 81620-7431 , ¦
(970) 748 -147 0 (970) 748-1471 fax
www.tabassociates. corn tab@vail.net
March 8, 2002
Town Clerk
Avon Municipal Offices
400 Benchmark Rd.
Avon, CO
To Town Clerk:
I would like to formally submit my name for reappointment to the Planning and Zoning Commission.
have enjoyed being with the Commission for four years and I would like to continue with my appointment. I
feel the Commission has set a standard that should continue to develop and I would like to be apart of this
continued growth.
I am still excited about participating in future projects that we will be brought in front of the Commission and in
helping staff develop a new zoning code.
If I can provic
Si ely,
G go S. A
encl: resume
any additional information please do not hesitate to call me at work or home.
LL-
3cik
Gregory S. Macik
331 Nottingham Road
Unit B2
P.O. Box 7913
Avon, Co 81620
845-7089
NOP, Jo NIM01
Gregory S. Macik
General Summary:
Responsible for and as project manager, design, presentation, working drawings, specifications, shop drawing
review, construction administration, CADD operation. Responsible for or as part of a team for the architecture of
over $73 million worth of construction, lifetime.
Professional Affiliations:
NCARB - 67859
Architect - State of Colorado - 305837
Eagle Valley Historical Society
National Trust for Historic Preservation- Forum member
Town of Avon - Planning and Zoning Commissioner
Architectural Experience:
TAB Associates, Inc.
Avon, Colorado
Position: Intern
May 1997 to Present
Tate/Hill/Jacobs: Architects
Lexington, Kentucky
Position: Intern
May 1995 to May 1997
Galen May, AIA/Architecture
Victoria, Texas
Position: Intern
June 1994 to May 1995
City of Lubbock - Engineering
Lubbock, Texas
Position: Engineering Tech
December 1992 - June 1994
Education:
Texas Tech University
Masters of Architecture/Historic Preservation - December 1994
Texas Tech University - College of Architecture
Lubbock, Texas
Position: Graduate Assistant
August 1993 - December 1993
City of Lubbock - Planning
Lubbock,Texas
Position: Planning Aide
December 1990 - December 1992
Texas Tech University Continuing Education
Lubbock, Texas
Position: Educator
December 1991 to August 1993
He Construction Company
Galveston, Texas
Position: Draftsman and Construction
May 1988 - May 1990
Texas Tech University
Bachelor of Architecture - June 1992
March 12, 2002
Town Council and Mayor RAR 1 "9 20o
Town of Avon
PO Box 975
Avon, CO 81620
REF: Planning and Zoning Commission reappointment
Mrs. Mayor and Council:
I am writing this letter to ask you to reappoint me to serve as a planning and zoning
commissioner for another term. I have now served you in this position for one and one half
complete terms and I wish to continue in this roll.
The upcoming review of the confluence parcel and the continued dialog with the developers of
the Village at Avon will be challenging and will require a knowledge of the history of the
process as well as the relationships with Council in order to achieve the best development for the
town. I believe that I can offer both to you. Our past success with the revision to the design
guidelines and the adoption of the Avon Center plan will serve as a guide to the approach to
these and other future decisions. I for one, would like to see the commission begin to study how
to integrate the Avon Center plan with East Avon and, eventually, the Village at Avon.
The current commission has a very good dynamic. I believe that the difficult issues we have
faced have resulted in thoughtful and reasoned debate and, most importantly, good decisions.
We are always mindful that we are appointed by you to interpret the ordinances you were elected
to create and oversee. I have been very excited by the level of commitment the current council
has shown to understanding the job we do for you and communicating to us the vision and
direction you see for the town. My hope is for this relationship to continue to evolve and to
strengthen.
The commissioner position is one that requires study and time to understand and become
effective. I would like the opportunity to continue and help you to guide Avon through what
promises to be a very exciting time in its development.
Sincerely,
Brian Sipes, AIA
PO Box 146
Avon, Colorado 81620
BRIAN P. SIPES, AIA
EDUCATION
Bachelor of Architecture (5-yr accredited degree), University of Kansas, 1991
PROFESSIONAL EXPERIENCE
Zehren and Associates, Inc. - March 1994 to Present
September 1999 to Present: As Senior Associate, responsible for management and staffing of
several projects within the office. Also responsible for client interface, design, documentation
and construction administration for several key residential and commercial projects including:
The Boundary Townhomes, a 33 unit duplex, triplex and condominium resort residential
development in River Valley Ranch, Carbondale, Colorado; Cresta at Arrowhead, a 25 unit, ski-
in and ski-out duplex and single family residence development at the west portal to Beaver Creek
Ski Mountain; The Woodlands at Truckee, a new master planned golf community near Lake
Tahoe in California; and the renovation of the Highlands Slopeside at Beaver Creek.
July 1997 to September 1999: As Associate, responsible for management of architectural staff
and general project staffing. Also responsible for the design and coordination of the Hilton
Charleston Harbor Resort at Patriots Point in Mount Pleasant, South Carolina, a 131-key resort
hotel and six two-bedroom beach cottages across the harbor from historic Charleston and The
Ridge at Telluride, an on mountain mixed-use restaurant, lounge and retail building located
adjacent to the St. Sophia summit gondola terminal at the Telluride Ski and Golf Resort.
March 1994 to July 1997: As Project Architect and Job Captain, responsible for the production
of construction and design documents for a variety of projects including a study for a Four
Seasons Resort Hotel in Telluride.
George Butler Associates, Inc., Lenexa, Kansas - June 1991 to January 1994
Job Captain for several large commercial distribution facilities, warehouses and office facilities.
Responsible for coordination of all consultants and the production of construction documents.
Projects include Headquarters Building for Associated Wholesale Grocers, a 1,000,000 s.f. cold
storage and distributing facility for Campbell's Soup Company and a major renovation to the
grounds of the Veterans' Administration Cemetery in Leavenworth, Kansas.
L.D. Astorino and Associates, Pittsburgh, Pennsylvania - June 1990 to December 1990
Student Internship: Responsible for the planning and construction of several large development
models, including one of the entire downtown riverfront area of Pittsburgh.
PROFESSIONAL ASSOCIATIONS AND AWARDS
Registered Architect: State of Colorado, License No. B-3196
Planning and Zoning Commissioner: Town of Avon, 1998 - Present
American Institute of Architects, 1996
American Institute of Architects, Associate Member, 1991 - 1995
AIA Committee on the Environment
Kansas City Mayors Task Force: Focus Kansas City
Young Architects Forum Leadership Conference
FL'UHD 4ND.p,1,1, oNyTlLUCTIoN
COMPL-T- 6UILVIN4 yMVICO
February 22, 2002 ,G
Town of Avon Planning and Zoning Commission -°o
Ms. Kris Nash
PO Box 975
Avon, CO 81620
RE: Planning and Zoning Commission Opening
Dear Ms. Nash:
I noticed your advertisement for openings in the Planning and Zoning Commission in the
Vail Daily. I have reviewed the requirements for this position and would like to increase
my involvement with local community activities. Please accept my application for this
position.
Attached you will find my current resume. I would like to point out that during my
tenure with Vail Resorts Development Company, I served as a DRB inspector in
Arrowhead and Bachelor Gulch for a period of six months.
Thank you for your consideration. I have included several business cards to allow you to
contact me should you have any questions.
Respectfully,
Patrick Him
PO Box 18586
Avon, CO 81620
enclosures
Pmr nffirP Rnx 4n8 Faula (-nlnrnrln R 1631 Phnna 97n,378-3355 Fnr 97n-378-3324
Patrick T. Him
P O Box 18586, Avon, CO 81620
(970) 845-8225, Cell (970) 904-4653
hire@vail.net
PROFILE Significant experience in project management of commercial, high-end residential and projects for
resort operations. Proven record of building equitable relationships with contractors while
completing projects on time and on budget. Confident in contractor selection, contract negotiations,
value engineering and ability to manage budget. Looking to grow my skills in the development field.
Strengths include:
• Integrity • Strong work ethic • Leadership
• Enthusiastic • Attention to detail • Honesty
EXPERIENCE
2002 - Present Senior Project Manager, Plumb Kendall Construction, Eagle, CO
General Contractor focusing on light industrial, tenant finish and residential. Responsible for
proposals, financial aspects of projects and office functions, and business development.
1990 -2002 Project Manager, Vail Resorts, Vail, CO
Owners representative on a variety of construction projects: restaurant renovations, golf clubhouse
remodel, hotel renovation, on-mountain facilities. Responsible for generating project budgets and
securing approval of funds. Selection of general contractor and oversee their performance for
projects up to $1.2 M. Project Manager for 3 years, ski instructor for 8 years, 2 years as seasonal
carpenter.
1998 - 2000 Owner, Hirn Builders, Inc., Avon, CO
Established a quality construction company that performed general carpentry, residential remodels,
tenant finish and total project management for clients in the Vail Valley.
1996 - 1998 Project Manager, Cordillera Construction, Edwards, CO
Feature project was the construction of a five-star hotel addition, 26,000 SF, $5 M. Achieved the
difficult goal of opening in time to accommodate a high profile conference. Pre-construction
experience on golf course clubhouse, golf support facilities and model homes of 57-unit development.
1994 - 1996 Project Manager, Signature Homes, Edwards, CO
Completed $900,000 four screen movie theater $25,000 under budget and on time. Responsible for
budget generation; contract negotiations, bank draw applications ;r„a project closao? *. Organized the
_ pre-construction process for 5 custom homes to enable construction financing and scheduling.
EDUCATION University of Denver, Daniels College of Business
Masters of Business Administration, June 2001
Michigan Technological University
Bachelor of Science Civil Engineering, honors
PO Box 1574
2660 Beartrap Road
Avon, CO 81620
March 1, 2002
Bill Efting
Town Manager, Town of Avon
P.O. Box 975
Avon, CO 81620
Dear Bill:
RECEIVED
MAR
Comm e,nit?, _ u ;; r art
Based on our recent conversations I am submitting my resume and letter to
express my interest in serving on the Town of Avon Planning and Zoning
Commission. I appreciate your help with information concerning the openings on
the Commission and look forward to the opportunity to be considered for one of
the openings. This would be a wonderful opportunity for me to participate in the
community.
Sincerely,
Jul
Terry M. Smith
PO Box 1574
2660 Beartrap Road
Avon, CO 81620 Pen
cir'n t'-
March 1, 2002 MA A) 6 20
Kris Nash °mmun,ty L)e??Jo?rjl
f
Town of Avon
P.O. Box 975
Avon, CO 81620
Dear Kris:
I would like to express my interest in serving on the Town of Avon Planning and
Zoning Commission. As my enclosed resume indicates, I have held Business
Management, Controller, Accounting and Administrative Management positions
for many years, much of it in the construction and development industry.
I am currently employed by Compaq Computer Corporation and have been
telecommuting from my home in Avon since December 1, 2001. My husband
and I have been property owners here since 1992, homeowners since 1999, and
full-time residents since December 1, 2001. 1 am a registered voter in Eagle
County and feel that this position would provide me with an opportunity to
reinvest my time in the community.
I would enjoy discussing this with you at your convenience. I can be reached at
my home number 949-9938 or by e-mail at terry-dan@attbi.com.
Sincerely,
Terry . Smith
Teresa (Terry) M. Smith
2660 Beartrap Road
P.O. Box 1574
Avon, CO 81620
(970) 949-9938
EMPLOYMENT:
Compaq Computer Corporation
Houston, TX
April, 1997 - Present
Commodity Manager for Marketing Communications - Since 1/1/99 - Present -
Responsible for $100M in contract and pricing negotiations for suppliers of marketing
communications services to Compaq. These services include advertising, creative collateral,
collateral print, fulfillment, promotions and public relations.
Manager, Test Equipment Materials & Financial Support - 6/15/97 -12/31/98 -
Responsible for management of inventory, materials procurement, financial reporting, vendor
negotiations / contracts, establishing / maintaining procedures. Supervised a 12 member staff
for the group manufacturing test equipment for Compaq's worldwide manufacturing facilities.
Staffs functions include material planning, procurement, customer service, inventory planning
and control, financial reporting, international and domestic shipping, SYMIX/SyteLine system
management and implementation of SAP.
Consultant - Test Equipment Financial & Materials Mgmt - 4/1/97 - 6/14/97 - Short term
consulting position responsible for reorganization of inventory control, financial reporting,
material planning and MRP implementation for the Test Equipment group.
Ferrostaal Incorporated - International trading company
Houston, TX
May, 1989 - March 31, 1997
Controller/Treasurer - Responsible for cash management, foreign exchange, bank
relationships, budgeting, forecasts, 401 K Plan, Health Insurance Plan, HR, Corporate
Insurance of a $350 million/year international trading company. Supervised of an 18 member
financial/accounting staff. Staff's functions include payroll, Human Resources and benefits,
Letters of Credit, cost accounting, inventory control and financial statement preparation.
Frontier Companies of Alaska - Commercial construction on Alaska's north slope
Anchorage, Alaska 99510
December, 1985 - January 30, 1987
Accounting and Administration Manager- Responsible for cash control and cash flow
management, financial reporting and budgeting for this North Slope construction and
transportation company. Supervised 30 member Accounting, Data Processing, and General
Administration staffs. Staffs functions include accounting, billing, collections, data
processing, financial statements, insurance administration and payroll, Human Resources
and benefits. Company transferred operations to Seattle.
Pg. 2 - Resume: Terry M. Smith
Ashford Mortgage Company / Inverness Resorts, Ltd. - Commercial & residential
development & construction
Houston, Texas 77073
December, 1979 - August 30, 1985
Controller and General Manager - Responsible for financial reporting and analysis, cash
control and cash flow management, budgeting for 16 affiliated development, construction and
marketing companies. Managed 15 supervisors in turn responsible for 100 member
accounting, HR/payroll, administrative, title and credit department staffs. Staffs functions
include all accounting functions, credit processing, HR and benefits administration, data
processing, loan maintenance, construction draws, job costing, purchasing, construction
management and coordination with outside CPA firm. Executive Liaison to the General
Partners of the 16 companies. Supervised property manager of 128-unit apartment complex.
Left due to move to Anchorage.
OTHER EMPLOYERS:
Period
July, 1978 - January, 1980
Employer
Sanroc Corporation
Houston, TX 77090 (home
builder)
Position(s)
Accountant
October, 1976 - March, 1978
March, 1974 -July, 1975
November, 1973 - January,
1974
August, 1971 -July, 1973
Needle Industries, U.S.A.
Charlotte, NC
ServiceMaster Piedmont,
Inc.
Greensboro, NC
Independent Business
Telephone Company
Tampa, FL
Alachua County Housing
Authority (Federal low-
income housing authority)
Gainesville, FL
EDUCATION:
University of South Florida
Major: Business and Political Science - 1 Y2 years.
University of North Carolina at Charlotte
Major: Accounting - 2 years
Accountant
Full Charge Bookkeeper
Assistant Accountant
Executive Director
References Available Upon Request
MAR-15-2002 FRI 06;45 PM MORTER ARCHITECTS FAX NO. 9704760710 P. 01
Jaynes K. Suckner, AIA
P.O. Box 7173
Avon, Colorado 81620
(070) 748-1558 hm.
(970) 476-5105 wk. (970) 476-0710 fax
15 March 2002
Town of Avon
?;rf???ri Yir?ily Dc;vc;lopment
Doer Paris:
I an happy tea :submit this letter of interest to serve on the planning and zoning
board.
I t7rjve lived in tho valley for 4'/2 years and I own a home in Wildridge. I don't
cl,airn provious experience in this capacity, but I am familiar with the process from
the nrchitc.,(J'c side, With a fresh perspective and vested interest in the future of
Avon, 1 am dedicated to make a difference.
Think you for your consideration.
rl
Jim Buckner
E???clc?scr? rc:surno
MAR-15-2002 FRI 06:45 PM MORTER ARCHITECTS FAX NO. 9704760710
James K. Buckner, AIA
P.O. Box 7173
Avon, Colorado 81620
(970) 748-1558 hrrl. (970) 476-5105 wk. (970) 476-0710 fax
P. 02
REZ IS'rRATION: New Mexico 1991, Colorado 1997
EDUCATION, Bachelor of Architecture -Design Specialization, 1987
T'exas Tech University, College of Architecture
•IYISi'il" LOYMEhl'r
f i l RY:
Project !'architect Morter Architects
Vail, Colorado
July, 1998 - Present
• Gerald R. Ford Amphitheater Renovation. Project
Architect
• Crossroads Renovation, Vail
Projoct Architect Shepherd Resources, Inc.
Avon, Colorado
April, 1998 -July, 1998
• Residenco, Bachelor Gulch. 7,300 SF.
Sr. Proiec;t Manager Slifer Designs, Inc.
Edwards, Colorado
May, 1997 - April, 1998
• Addition to residence for Jack Kemp, Vail, CO
• Aspen Highlands Townhomes.
Projnct Architect and platow Moore Shaffer McCabe, Inc.
Projo-ot Mon"racer Archite:r ts, Engineers, Planners, Interior Designers
Albuquefque, New Mexico
August, 1992 - May, 1997
• Albuquerque Civic Plaza - Phase Two
Renovations. $10 million renovation of downtown
pl4?za. Plaza and water fountain design.
• Las Campanas Spa and Fitness Center. $7 million
clubhouse with indoor and outdoorpools. Santa
Fe, New Mexico. Contract documents coordination.
• Sun Hardthc:are Corporate Headquarters,
Albuquerque, New Mexico. $7 million.
ConSlfuctiOn documents; coordination.
MAR-15-2002 FRI 06:46 PM MORTER ARCHITECTS FAX NO, 9704760710 P. 03
I?ina<? K, /AIA
t:MPLOYMENT HISTORY:
(corrtir?rred)
page 2
Eastern New Mexico Medical Center Expansion
and Renovation, Roswell, New Mexico. $20 million.
Construction documents and technical specs.
• United States Federal Courthouse, Albuquerque,
NM. Construction documents, quality assurance
review.
Projoct Architoct Fanning•Bard•Larsen
Architoots • AIA • Ltd.
Albuquerque, New Mexico
May, 1980 - August, 1992
• $16.4 million Renovation of the New Mexico State
Capitol. Construction documents.
• $3 million Army Reserve Center in Santa Fe, New
Mexico. Construction documents.
Intern Dale Crawford & Associates, AIA
Architecture Planning Design
Albuquerque, New Mexico
November 1988 - May 1989
InLo,rn Dekker & Associates
Architect, Engineers & Planners
Albuquerque, New Mexico
August 1981' - November 1988
PERSONAL PROJECTS'
• 1998 -- Private Residence Design in Homestead,
Edwards, GO
• 1993 - Private Residence: Cedar Crest, Now
Mexico. 2,700 square foot mountain home. Two
story, rough-sawn exposed structure and adobe
construction.
COMMUNITY
SEkVICF,: Current Board Member, AIA Colorado West Chapter
Volunteer: 2000, 2001, & 2002 American Ski Classic
Volunteer: 1999 World Alpine Ski Championships
Director, 1995,'96', &'97 Albuquerque Duke City
Marathon
IDB
ontedors Design/Build
March 20, 2002
Ms. Ruth Borne
Town of Avon
Avon, CO
Dear Ruth:
Thank you for your consideration for the position on the Planning and Zoning staff.
I've been very interested in this type of service and involvement since I moved here.
Given my background, I feel this position is where I would bring the most value of
service to the community. I also feel that as I become a more active member of the
town and community, I model the importance of public service to my children.
Several years ago, I even took a public speaking course in anticipation of doing such
work. My personal agenda in this opportunity consists simply of this: I am in this
place, in this town, to make a positive difference.
If I can be of additional assistance to you in making a determination, please give me
a call.
Resp ctfull ,
Vau hn E. Miller
interiors design / build
pob 8604, avon, colorado 81620
970-376-5161, fax 970.748.1331
idb@vail.net
VAUGHN E. MILLER
P.O. Box 8604
Avon, CO 81620
Residence: 970.748.6953 Fax: 970.748.1331 Cell: 970.376.5161
EXPERIENCE
2001-Present
Owner, Interiors Design Build. Providing Contract Construction Management Services and
General Contracting.
1998-2000
Development and Construction Manager, Vail Resorts Development Company. Real
Estate development extension of Vail Resorts ski company. Construction and Property Manager
for Vail Resorts retail and administrative properties.
• Provided pre-construction/due-diligence services for internal and external clients.
• Negotiated reduced cost annual contracts with manufacturers for repeat purchases.
(Reduction in annual Systems Furniture budget by 40%, with no loss of scope)
• Selected Design and Construction teams for appropriate scale of projects.
• Provided programming analysis for decentralized administrative services.
• Liaison to Municipalities, Design Review Boards, Metro Districts, Utilities, Building Owners
and Engineering Staff.
• Implementation and maintenance of Design Standards for Beaver Creek and Vail retail and
office properties.
• Developed project budgets and Request for Proposals from Project Analysis Reports. Oversee
architectural selection, contract negotiations and final design contract
• Developed bidding criteria documents.
• Oversaw construction from mobilization, through punch-list and final completion and
provided owner acceptance. Processed change orders. reviewed and approved invoices.
• Developed and managed digital file as-built database. Included progress photos, Cad files,
project document scanning.
• Provided project management on various capital improvement projects including design
review, construction coordination, punch-list development and building start-up.
Project List
• Avon Center Elevator Lobby's and Cab Renovation
• Beaver Creek Executive Offices - 1,000 sq. ft , $ 100,000
• Beaver Creek Food and Beverage Executive Offices - 2,900 sq. ft., $350,000
• Vail Resorts Internal Audit Division - 1,400 sq. ft., $185,000
• North Face Retail Store - 800 sq. ft., $82,000
• Snowell Ski 3'uning Facility--2400 sq.ft., $400,000
• Di Carlo Fashions retail store - 900 sq.ft.,
• Giovanni Alexander- 1,100 sq. ft.
• N-Peal - 800 sq. ft.,
• Golden Bear - 900 sq. ft.
• Beaver Creek Fine Wines - 900 sq. ft.,
• Memories of Beaver Creek - 500 sq. ft.
• Beaver Creek Fine Arts - 1,800
1994-1996
Co-owner/Senior Draftsman, Miller Design Partnership. A commercial interior planning and
design firm. Provided expert witness, investigation, reports and trial exhibits for construction
related litigation.
1993
Superintendent, D.L. Withers. Construction of Fountain Hills High School. Project consisted
of 11 buildings totaling 180,000 sq. ft. situated on 50 acres. Fast track renovation of 70,000 mid-
rise.
1991-1993
Project Manager, Asst. Estimator, Superintendent, Summit Builders. Specialized in
retail strip centers.
1959-1991
On-site Administrator, Project Manager, Lot sales. Desert Canvon Development. On-site
Construction Coordinator, negotiated and approved all sales contracts. Acting property manager
for homeowner's association. Managed all real estate files and transactional data.
1985-1989
Commercial land sales and acquisition, First Brokers Realty Corporation
EDUCATION
Arizona State University, Spring `95-Fall '96, Masters Program Courses, College of
Construction.
Phoenix College, Fall `93-Fall '94, AutoCAD and graphics courses.
Associated General Contractors Supervisory training Program
Arizona School of Real Estate, 1985
Northern Arizona University, 1980-83, Political Science
Mesa Community College, 1978-80
Mesa High School, 1976
COMPUTER LITERACY
MS Office
ExPeclition
I MS Project
AWOCAD 14
SureTrack
Contract Instructor of MS Project to Computer Learning Center of Vail Valley
Friday, March 15, 2002
Ms. Kris Nash
P.O. Box 975
Avon, CO 81620
Dear Ms. Nash:
This letter is to express my interest in filling one of the three vacancies for the resident members of
the Planning and Zoning Commission for the Town of Avon.
I have been an Eagle,County Resident since 1986, renting in East Vail, Wildridge, Eagle-Vail and
Vail prior to purchasing my home in Avon on Eaglebend Drive in 1992. 1 have paid close attention
to the projects planned for the Town Center, and I have attended and commented at several town
meetings about this project.
I am interested in representing the community at large with regards to further growth and
development in Avon. I believe that my career in the special event and hospitality industry has
given me a perspective on the importance of growth and development in Avon that represents
many of the town's residents. I believe that my opinion would be perceived as that of most citizens
as neither I nor my husband professionally benefit from most of the decisions this commission
would comment on.
I have not professionally utilized my education from Rensselaer Polytechnic Institute in the field of
engineering. While at RPI I studied a wide range of engineering courses, they included standard
courses in Structural Design, Strengths & Materials, and optional courses and projects on Building
Design, Community Development and Architectural History.
As a special event planner I have strong project management skills that include project time line
development and implementation, studies of traffic flow and pedestrian right of way as well as
visual design elements.
Attached is my professional resume, which highlights my experiences, predominantly in Eagle
County, were I have resided continuously since September of 1986.
I appreciate your time and I look forward to hearing from you to discuss the next step.
Regards,
r
my C. Phillips
0-904-6070
970-949-0581
Array C. Phillips
P.O. Box 3868 - 4831 Eaglebend Dr. - Avon, CO 81620
Home Phone 970-949-0581
Cell Phone 970-904-6070
SUMMARY
I have been working in the Hospitality Industry for 20 years. I have a great sales and guest services background with very strong
technical and training skills. My creative problem solving experience and self-motivation will be very valuable to potential clients
employees and employers.
WORK HISTORY
2001 - Present Director of Qlient Services, Destination Services of Colorado, Avon 970-476-6565
1999-2001 Account Manager, Destination Services of Colorado, Avon
I am currently working in the Destination Management Field. My responsibilities include leading the Mountain Region & Denver
Team to Plan, Develop & Oversee the implementation of incentive and sales programs for our corporate clients throughout the
Rocky Mountain Region. I am the key company liaison with our local vendors and host hotels throughout the area.
1998-1999 Food & Beverage Director, Embassy Suites, Beaver Creek Lodge 970-845-9800
1997-1998 Catering & Conference Manager, Embassy Suites, Beaver Creek Lodge
As Catering Manager t was responsible for all servicing aspects of our groups. As Food and Beverage Director I personally
designed and oversaw the renovation of our restaurant as well as the transformation to a Steak & Seafood House.
1992-1996 Director of Conference Services, Westin Resort, Vail 970-476-7111
1989-1992 Conference Services Manager, Westin Resort, Vail
1987-1989 Banquet Captain, Westin Resort, Vail
The Westin Resort went through many changes during my period of tenure including a large expansion in 1989, a bankruptcy and
subsequent sale during the early 1D90's and a major renovation and increase in business and service levels in my last 3 years. As
Conference Services Director I was responsible for hiring, training and managing a staff of 5, for determining group profitability and
overseeing those aspects of our sales effort. I personally implemented the computerization of our sales and marketing department
in addition to my many day-to-day responsibilities. I was responsible for capturing the maximum revenue in food and beverage
sales and increasing the average group sleeping room rate through up selling and creative inventory management. I oversaw the
management of all revenue for the banquet department with an annual budget of 2 million dollars.
1986-1987 Food & Beverage Director, Vail Athletic Club 970-476-0700
My responsibilities included hiring & training of all wait staff and front of the house management, overseeing and maximizing
restaurant reservations and beverage inventory for this high volume 92 seat restaurant. I also managed the banquet service of this
small luxury hotel.
1982-1985 Hyatt Regency Minneapolis 612-370-1234
1982-1985 Hyatt Regency Denver Tech Center
I held a variety of positions including Accounting Clerk, Room Service Manager & Assistant Banquet Manager. I created the Hyatt
Corporate Room Service Training Manual and the Hospitality Suite Food & Beverage Sales Program for the Hyatt Regency
Minneapolis & I was on the opening management staff of the Hyatt Denver Tech Center.
EDUCATION
Southwest High School, Minneapolis, Minnesota 1978
Rensselaer Polytechnic Institute, Mechanical Engineering 1978, -1982
COMPUTER SKILLS
MS Word, Word Perfect, Excel, Act!, Delphi, etc....... I have been working with computers throughout their development and have a
strong knowledge of programming, application and hardware.
Internal Memorandum
Date: April 4, 2002
From: Scott Wright, Finance Director
To: Bill Efting, Town Manager
Subj ect: Real Estate Transfer Tax - Exemption for Tax-
Exempt Entities
I understand that there will be a discussion at next Tuesday's Council worksession
regarding the issuance of an exemption from the real estate transfer tax (RETT) for the
New Life Assembly of God.
There is currently no RETT exemption for religious, charitable, or non-profit
organizations. In order for the Town Manager to grant such an exemption, the Town
Council would need to pass an ordinance, adding a paragraph exempting the above
organizations from the RETT. The ordinance would need to be retroactive to a date prior
to the transaction for which the New Life Assembly is requesting the RETT exemption.
There are a number of potential negative issues that arise if an exemption of this type is
added to the Municipal Code, including: (1) possible abuse of the exemption by for-profit
companies; (2) claims of discrimination if only certain organizations are exempted, (3)
potential loss of revenues from certain non-profit organizations that operate in a similar
manner as for-profit companies; and, (4) additional staff time required to research tax-
exempt status.
Please let me know if you have any questions or need further information.
Staff Memo 2002-003.doc
Real Property Transfer Tax
Exemption Request
for
New Life Assembly of God
480 Nottingham Road
Avon, Colorado
Councilor Rick Cuny
NEW LIFE ASSEMBLY OF GOD
P.O. Box 39, Minturn, CO. 81645
480 Nottingham Road, Avon, CO.
(970) 827-4102
To Town Manager and Town Council Members,
Thank you for your consideration of our request for an exemption from the Real Property
Transfer Tax. I strongly believe that it is in the interest of Avon, its citizens and its
officials to grant New Life Assembly of God (NLA) a Transfer Tax exemption. The
following are among the reasons why:
1. An exemption would be in keeping with the "spirit and purpose" of several of the
situations described in the Town Ordinances. (see page 2)
2. An exemption would be a tangible way to honor Eagle County's forefathers who have
paved the way for the quality of life we now enjoy in Avon and the Vail Valley (see
page 3 and page 4 New Life Assembly of God - Part of Eagle County History).
3. New Life Assembly will contribute tangibly to the Town of Avon much more than the
tax in question (see page 5).
4. New Life Assembly will contribute much to the development of the human spirit of
Avon's citizens and consequently much to the town's quality of life (see pages 6-91
The members of New Life Assembly of God and other citizens of the Town of Avon
appreciate community leaders who demonstrate understanding and value for non-profit,
charitable, educational and cultural organizations. New Life members and Avon citizens
appreciate leaders who promote volunteerism, high morale and human compassion. They
will give thanks for leaders who provide a tax-sheltered and nurturing incubator for the
benevolent, educational and humanitarian ministries of Avon's only church.
We attempt to bring out the best in human nature and promote local and world peace
The exemption will help to further unlock New Life's potential here in the Vail Valley,
write a new chapter in the history of this Assembly of God church and honor the faith,
vision and contributions of those who have contributed so much over the years to the
welfare of the valley's citizens.
Respectfully,
Dan Matney,
Senior Pastor
New Life Assembly of God
An exemption would be in keeping with the "spirit" of several of the situations
described in the Town Ordinances.
3.12.060. (B) Exemption for gift of property:
We own this property only through the love and affection and charitable motives of
our many members who have given sacrificially over the years to maintain a facility
for humanitarian, charitable, benevolent and spiritual programs that are an integral
part of our worship of God and service to our fellow human being.
Our only source of income is the charitable, tax-deductible contributions of our
members. These contributions should not be taxed.
These contributions were given for benevolence programs, children's
programs etc. and should not be taxed.
The money in question should stay within the Assemblies of God organization and
be used for the purposes for which it was given.
3.12.060. (N) Exemption for assistance to low or moderate-income persons:
New Life Assembly is a low or moderate income organization because most of our
members are blue-collar working people; employed in construction and resort house
keeping with low to moderate incomes. We have very few professionals in our
congregation and to my knowledge none of our members are wealthy. Members of our
congregation feel oppressed by the high cost of living and would be greatly appreciative
to our community leaders for some tax relief. An exemption for New Life Assembly
would certainly be a help to low and moderate income people and their church..
3.12.060 (O) Exemption for first time homebuyers:
This exemption is designed to encourage and help first time homebuyers. New Life
Assembly is a first time buyer of property in the Town of Avon and is "an elderly"
and venerable member of the community, but not a wealthy member. The transfer tax
is a substantial and unexpected expense that does pose a hardship on us since we do
not have (as an elderly person might have) even a fixed income. Our income, derived
only by charitable contributions, is subject to fluctuations up and down.
Unlike the sale of residences and business properties, no individual is "profiting" from
this transfer of property. No individual has ever owned the real estate of New Life
Assembly of God and there are no stockholders. The Rocky Mountain District Council
of the Assemblies of God, a bona fide non-profit Colorado corporation, existing solely
for humanitarian, social, spiritual and charitable purposes, has always held new Life's
property. Please remember too that this is a non-profit to non-profit transfer of property.
2.
An exemption would be a tangible way to honor Eagle Valley's forefathers who have
paved the way for the quality of life we now eniov in Avon and The Vail Valley (see
pane 4: New Life Assembly of God - Part of Eagle County History)
Rev. Vernon LeMon started the Minturn Assembly of God church in a tent in 1946. Bill
Burnett, a long time resident of Minturn who is now in his nineties can still remember the
tent at the location the building now stands.
When the Minturn church was started in 1946 the towns of Vail, Avon and Edwards did
not exist. In the 1940's Minturn was the hub of the agricultural, mining and railroad
industries for the Eagle Valley. It was the population center and our forefathers had the
vision to plant an Assembly of God church in the center of it all. Now, over half a century
later Minturn is no longer at the center of the population, but building on the foundations
laid by our forefathers, New Life now serves the citizens and tourists of Avon and the
greater Vail Valley.
Since 1997 New Life has been growing more than ever and attracting different kinds of
people from all over the Vail Valley. Now seems to be an opportune time to say thanks
in a tangible way for the years of spiritual, social, and charitable ministry New Life has
provided. We have an opportunity to repay the many kindnesses shown by this church.
Now is an opportune time to honor the sacrifices made by our predecessors.
An exemption would express to the descendents of our church pioneers that we
appreciate and value and honor the sacrifices made. Some of the descendents still live
here in our valley and are members of our church.
The citizens that now enjoy a high quality of life in the Eagle Valley owe a debt of
gratitude and more to our founding forefathers who pioneered life for us here.
New Life Assembly of God is one of the original non-profit entities that contributed
greatly to the life we now enjoy. A tax exemption would be a tangible way to honor
those contributions.
How we thank God for our founder's faith and vision. Future generations will thank us
for our faith and vision.
Thank you for your consideration of our request for an exemption from the Transfer Tax.
The exemption will help to unlock New Life's potential here in the Vail Valley, write a
new chapter in the history of this Assembly of God church and honor the faith, vision and
contributions of those who contributed so much to the welfare of the valley's citizens.
Pastor Dan Matney, 12th pastor of New Life Assembly of God
3
New Life Assembly of God
Part of Eagle County History
t
_ _r;:t
In November 1947 construction of the
present building began. This Assembly of
God church has served Minturn with
social, benevolence and spiritual
contributions for over 55 years.
gad
...
The Assembly of God Church was
established at 461 Main Street in
Minturn in 1946. This tent, used
throught out the year, was the original
"building".
This picture was taken in approximately
1952. The church provided weddings,
funerals and other social, charitable and
Since the development of Vail, Avon,
Edwards etc., New Life AG has served
the valley's elderly, young families,
children and tourists, adding to the
quality of life in our valley.
Picture taken April 2002.
4
spiritual services to the miners, farmers
and railroad workers of the area.
New Life Assembly will contribute tangibly to the Town of Avon much more than
the tax in question.
• Every year New Life hosts several conferences that bring revenue-generating
guests into the town. These guests stay in Avon hotels, eat at Avon restaurants
and shop in Avon stores. This year we are hosting two 3-day conferences and
several one-day meetings in which out of town guests will come to Avon.
• As a church we do business with many local businesses: Bob's Place, Wal-Mart,
City Market, Comfort Inn etc. We purchase lodging foods, office supplies etc.
We have given thousands of dollars to local charitable works.
Paid for members' dental work at local dentists
Paid for rooms and meals at local motels and restaurants for transients and
local residences. (One case involved housing and meals for a single
mother with three children. We supported this family for over a month
until local social service programs could take over).
Paid for drug and alcohol treatment for local residences.
Contributed to local Crisis Pregnancy Center helping unwed and single
mothers in our valley.
Have provided no-cost and low-cost clothing to many needy people locally.
We are ministering to the large Spanish speaking population of Avon and Eagle
County, helping them become productive citizens (see page 7, New Life's
Ministry to Spanish Speaking Immigrants)
Assisting immigrants to obtain jobs, social security numbers, legal status.
Some have become homebuyers in our community and others will.
Teaching principles of good citizenship and appreciation for our nation
Church services in Spanish (3 times per week minimum)
Weekly Spanish radio program called "La Luz En Los Montanes" (The
Light in the Mountains), promoting love and respect for all peoples.
These ministries to the Spanish speaking population are critical to their physical, moral,
social and spiritual well-being and consequently critical to the local communities they
impact and in which they live, including the Town of Avon.
All of these services translate into dollars and time saved by local community agencies.
By waiving this tax and allowing us to freely make our benevolent and charitable
contributions to the community we are able to save local community agencies time and
money.
5.
New Life Assembly will contribute much to the development of the human spirit of
Avon's citizens and consequently much to the town's quality of life (see pages 7-9)
Compassion and Generosity
In 2001 we raised over $30,000.00! for local and foreign needs. So far this year we'v
raise nearly $10,000.00! Every cent was given as designated. None of it was kept for
administration.
By our foreign giving programs we promote awareness of needs around the world and
promote a spirit of compassion and generosity. This translates into people who are more
considerate of others and therefore better citizens, right here in Avon, Colorado.
This is in keeping with the international flavor of Avon and the valley and will contribute
to the positive image and good will that we all want to export around the world. This
practical demonstration of compassion promotes world peace that is so sorely needed
today.
Volunteerism
The people of our church have been volunteers in our community for many years and will
continue to contribute in this manner. Our members have served on the Minturn
Visioning Committee and have cleaned streets and parking lots after the Minturn Market.
Our members have chaired and served the Cinco De Mayo celebrations, Eagle Valley
Rummage Sale, Minturn Planning and Zoning. Our members regularly volunteer to help
with various school functions. Our members have served the volunteer fire departments.
I currently serve as a volunteer chaplain at the Vail Valley Medical Center. I have also
been a volunteer chaplain with the Colorado State Patrol and the 1999 World Alpine Ski
Championships.
Children and Youth
We train our youth to be contributing members locally and internationally. They raise
money for local and foreign needs. Several of our youth are in college studying for
international business and international missionary and humanitarian relief ministry.
They will take the values that we are teaching them now into the community and into the
world (see page 9, Children & Youth A Top Priority For New Life).
Community Pride
We want to be a good neighbor by keeping our facilities attractive and clean. Some of
the transfer-tax could go to repainting and landscaping that would make our property
even more of a source of pride to the community and teach our immigrants, youth and
others the value of a beautiful community to the human spirit.
The exemption will be enable us to more effectively promote volunteerism, community
service, good will and high morale within the community. This is win, win for everyone.
6
New Life's Ministry To
Spanish Speaking Immigrants
After serving in the valley for a year and a half, Pastor Dan Matney realized there was a tremendous need for
spiritual ministry to the growing Spanish speaking immigration population. In December of 1998, he travel to
Mexico to meet with Mexican officials of the Assemblies of God to share his vision and burden to help the
predominantly Mexican immigrants moving into the Vail Valley. They quickly responded to his request for
Mexican ministers and in March 1999 our Spanish Ministry began under the leadership of Josue and Mayra Rubio.
This ministry of New Life has grown rapidly.
Many have received assistance with immigration,
housing, food, medical as well as spiritual
r
mom
speaking immigrants in the valley.
og
q0
?7 0
O
O
l America
Ministry to young children adapting to a new
culture has been a very important priority of
7 our Spanish speaking ministry.
and social needs.
from Chihuahua, Chihuahua, Mexico,
pictured here at their Installation
Ceremony, came on staff at New Life
in March 1999 to pastor Spanish
New Life Assembly -
Touching the World
Our youth annually raise $1500 to $1800 to
show love and compassion to others around
the world. Pictured is one of many "Make-
A- Donation" Car Washes at the Avon City
Market.
YES, !n.t(rn wne!nninrt Mn?-F- =', -is y/r.IHr v.r nr•3 rBr.;lxr„ o,
:n. fi5Nan
trl.9.wv 2p _.
]Oww.vb•rJ. ]bf nrlatfluvl ]•YSe.S ]Nx J_mar
Cadr rwwl _. __Ewiam aw
:lens' n+Swm lY r 1!/(+q
Last September we were honored with a visit from
Tarahumara pastors. The Tarahumara are the most
primitive people group in the Northern hemisphere
and world renown long distance runners. The pastors
helped us with a Race-A-Mon in which we raise
$18,000 to build a dormitory for Tarahumara students.
These children sleep under trees at night because it is
too far for them to walk to and from home to the
school in the village. Many from our church will travel
to the Sierra Madre Mountains in northern Mexico this
month to help construct the dormitory.
8
WINTER HAS SET IN...u,:I1,P1,-A&-.,v-
n;rg•. lx{.rnrs ax Jun.. li:rl 1-k r! x rix,. J,r .:,x x?
n.•.Ji,.y{.u...
nrrwgh aAo.:,:e,n n: ?.tt: drhr;.;.,.ns,:;:ry: ;a::,r m•?. on,:..xer.; .:r;
r. rGr f; on;:J n: rrr,-,y dr;prrct rm•As.ad o,>rnin.; Arrx
Nr'1•r»rraeJV. I'rv dollmi yre .ar uv .r;nm la,niGeF ?i}?
,.-eJ J... nat. rGr env ry /rsus :n stirs drought-stnrLrx.
A 5,5 E:!r . .. ,I f-1,
%•l,rxRes.nl.i lnr.n l x a;.erni;r...
•,S,t{rr. eIK-k(F/n..7nrrl7u.
?• •15!:n •i:lrr SJrv. sru r-uh?rr Lrrrns.
71v;::k . uh,n or helPmr to rrhr:n rHr nd(•::irR
..i =Garr Ch-;!'; uvu,yy in .afF;v,::s:Jn.
NLA was able to send $1000 to help families in Afghanistan.
Children & Youth - A Top Priority For New Life
Our church loves young people and invest greatly in youth from all across the valley. We offer weekly activities as
well as special monthly activities. Many troubled young people have found our church to be a place of refuge, love
and acceptance. Any youth who is interested is welcome to participate without any cost if their circumstances
require. While there is much emphasis on having a good time, efforts are made to help to help the young people
avoid the pit falls of youth such a teen pregnancies, alcohol and drug abuse, poor grades and legal troubles. We are
proud of the accomplishments of our young people and their leaders.
Adventure Ridge
Police Martinez in our back yard
9
Ice skating at Nottingham
Shine Jesus Shine
Lot's of love and prayer!
Psalty's Camping Adventure
Ouray retreat
Glenwood Springs
A little football with Chief of
Piney River Camping
Hiking Shrine Pass
Go NLA Huskies!!
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
April 9, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
a) Eagle County Health Services District, Ballot Questions - Bob Armour
3. Ordinances
4. Resolutions
a) Resolution No. 02-20, Series 2002, A Resolution Repealing The Provision For A
Compliance Deposit In The Town Of Avon Residential, Commercial, And Industrial
Design Review Guidelines
5. Unfinished Business
6. New Business
a) Proclamation for the Days of Remembrance for 2002
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a) Approval of the March 26, 2002 Council Meeting Minutes
b) Award Contract East Avon Access and Circulation
C) Award Contract Admin Intermountain Engineering
d) HP Geotech Professional Services Agreement - Dam Repair
e) LP2A - Building Permit Plan Review Services
12. Adjournment
IATown Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
?r
Date April 3, 2002
Re: Repeal of Compliance Deposit - Resolution No. 02-20
Summary:
On March 26, 2001, by a straw vote the Town Council recommended the compliance
deposit provision in the Residential, Commercial, and Industrial Design Review Guidelines
be revoked.
The attached Resolution No. 02-20 repeals the applicable section of the Design Guidelines.
Town Manager Comments:
Attachments: Resolution No. 02-20
Memo to Town Council, March 26, 2002 Page 1 of 1
Design Compliance Deposit
TOWN OF AVON
RESOLUTION NO. 02-20
SERIES OF 2002
A RESOLUTION REPEALING THE PROVISION FOR A COMPLIANCE
DEPOSIT IN THE TOWN OF AVON RESIDENTIAL, COMMERCIAL,
AND INDUSTRIAL DESIGN REVIEW GUIDELINES
WHEREAS, the Town of Avon adopted the Town of Avon Residential, Commercial and
Industrial Design Review Guidelines ("Design Guidelines") on November 6, 2001, which
included a provision for a Compliance Deposit; and
WHEREAS, the Town of Avon has determined that the Compliance Deposit provision
requires revocation; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Compliance Deposit provision in the Design Guidelines, page 45 is hereby revoked and
deleted.
ADOPTED THIS 9TH DAY OF APRIL, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Town Clerk
0
Rabbi
Jonathan Malamy
March 5, 2002 Board of Directors
2001 -2002
Dear Mayor Yoder,
B'nai Vail Congregation, the Jewish congregation in Eagle County, is sponsoring
an Interfaith Holocaust Remembrance Program at The Vail Interfaith Chapel,
19 Vail Rd., on Thursday, April 18th at 7:30 PM.
Please let us know if you will be joining us so that we may acknowledge your
attendance.
President
Myrna Sigman
Executive Committee
Peter Cook
Jane Hoffman
Our keynote speaker will be Nancy Brown, a professor at the University of Marsie Wallach
Colorado. The subject of her presentation will be `No Longer A Haven: Varian Fry Marty Wallach
and the refugees of France." Varian Fry, the only American to be honored by Yad Carol Reichman-Cook
Vashem as righteous among the nations, organized a clandestine operation that
saved over 2000 of the world's leading cultural, intellectual and political exiles.
Directors
Winners of our essay contest `Heroes of The Holocaust" will be given their cash Jon Eskin
prizes and will read their entries. See attached contest information. Mindy Feldman
Jodie L. Frank
Included in our program will be a candle lighting ceremony in memory of the Fran Goldman
millions who died in The Holocaust. We will also be lighting candles to honor
the liberators and righteous people who were not silent and who saved many Tommy Hoffman
Jewish and non-Jewish lives. Nicole Lucido
Diane Newsom
We hope that you will join our nation and our cities and counties in issuing Julie Pennington
the enclosed Proclamation for the Days of Remembrance from Sunday, Don Sigman
April 7th through Sunday, April 14th 2002.
Gaby Sirotl<in
If you have any questions please do not hesitate to contact Fran Goldman, Phil Weinstein
The Holocaust Education Committee Chair, 970.926.4891, or email her at Meredith Ringler-White
www.franalggvail.net Ken White
We thank you for your support and do hope that you will join us. Educational Director
Please help us in publicizing The Days of Remembrance in your community and '
`h Children
s Judaic Studies
the event on Thursday, April 18
.
Deb Harrison
The Holocaust Education Committee.
Member
Jewish
C:knd\bnai\Holocaust\Cover Letter Proclamation 00 Reconstructionist
Federation
www. j rf. org
19 Vail Road ¦ Vail, Colorado 81657 ¦ (970) 477-2992
Web site: vvww.bnaivail.org ¦ Email: info@bnaivail.org
PROCLAMATION
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators
between 1933 and 1945. Jews were the primary victims - six million
were murdered; Gypsies, the handicapped, and Poles were also
targeted for destruction or decimation for racial, ethnic, or national
reasons. Millions more, including homosexuals, Jehovah's Witnesses,
Soviet prisoners of war and political dissidents, also suffered grievous
oppression and death under Nazi tyranny.
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the
moral responsibilities of individuals, societies, and governments; and
WHEREAS, we the people of ----------- should always remember the
terrible events of the Holocaust and remain vigilant against hatred,
persecution, and tyranny; and
WHEREAS, we the people of ----- -ayQIt______-__-_ should actively rededicate
ourselves to the principles of individual freedom in a just society; and
WHEREAS, the Davs of Remembrance have been set aside for the people of
------- ------- to remember the victims of the Holocaust as
well as to reflect on the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980)
the United States Holocaust Memorial Council designates the Days of
Remembrance of the victims of the Holocaust to be Sunday, April 7
through Sunday, April, 14, 2002, including the international Day of
Remembrance known as Yom Hashoah, April 9;
NOW, therefore, I __ Judy_ Yoder__--- _-Mayor of -Town _of_ AYQ:o---, do hereby
proclaim the week of Sunday, April 7 through Sunday, April 14, 2002,
as Days of Remembrance in memory of the victims of the Holocaust,
and in honor of the survivors, as well as the rescuers and liberators,
and further proclaim that we, as citizens of __A-von_______________,
should strive to overcome intolerance and indifference through
learning and remembrance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of
to be affixed this __9. day of _Apr- L_2002.
Seal
To: Honorable Mayor and Town Council
From: Bill Efting, Town Manager At-
Date: April 4, 2002
Re: Manager's Update
Attached for your review is a potential Forest Service Road Closure that would
affect Wildridge. Please give me a call if you oppose these potential road
closures.
2. Also attached is a letter from AT&T Broadband delaying the launch of cable
services from. April 8"' until April 18"' for the Eagle Bend Drive neighborhood.
3. The annual Colorado Municipal League conference will take place in
Breckenridge June 18"' - June 21St. If any of you are interested in attending
please let me know.
9?w U)t M90
0 I
??` United States Forest White River Holy Cross Ranger District
Department of Service National 24747 U.S. Highway 24
Agriculture Forest PO Box 190
Minturn, CO 81645-0190
? (970) 827-5715
I n l ? (??? ? r„ ? FAX (970) 827-9343
L???U14%L
ivsf:i i 2 j ^n?.n
TOWN OF AVON OP
Dear Interested Party:
File Code: 1950/2720
Date: March 27, 2002
)RTUNITY TO COMMENT
DA - FOREST SERVICE
The Forest Service is considering two closures in the June Creek/Berry Creek area on the Holy
Cross Ranger District of the White River National Forest. The objectives of the two closures are
to protect Forest roads during the spring when the road surface is soft and susceptible to damage;
to obliterate and revegetate unncessary Forest roads; and to reduce the risk of an unattended
campfire from escaping onto private lands and revegetate existing camping spots. Specific
projects include the placement of gates and implementaion of seasonal road closures from two
days after the last big game hunting season until May 1 each year and the
obliteration/revegetation of one unneeded Forest road. Map 2 illustrates these projects. The final
proposed management action is the implementation of a camping and campfire closure adjacent
to private lands as illustrated on Map 2. The Forest Service will also revegetate existing camping
spots within the closure area. Attached is a Draft Decision Memo and Maps for your review and
comment.
Comments are invited to help guide this analysis. To ensure consideration in my analysis,
comments must be postmarked or received within 30 days of the date of this letter. Please
address your comments to Cal Wettstein, District Ranger, Holy Cross Ranger District, P.O. Box
190, Minturn, Colorado 81645. Commentors should include: (1) Name, address, telephone
number, organization represented, if any; (2) Title of the document on which the comment is
submitted; and (3) Specific facts and supporting reasons for the Responsible Official to consider.
Copies of the Decision Document will be mailed to those people who have submitted comments
and to those who request a copy. Additional information on the proposed action may be obtained
by contacting David Van Norman at the above address or at 970-827-5159.
erely;
CALVING. WETTSTEIN
District Ranger
u??s ??
Caring for the Land and Serving People Printed on Recgced Paper
DECISION MEMO
JUNE CREEK/BERRY CREEK ROAD AND CAMPING CLOSURES
USDA FOREST SERVICE
HOLY CROSS RANGER DISTRICT
WHITE RIVER NATIONAL FOREST
EAGLE COUNTY, COLORADO
1. Proposed Action
The June Creek/Berry Creek area is located north of Interstate 70 between Avon and Edwards on the
Holy Cross Ranger District of the White River National Forest. The affected area is specifically north of
the Singletree Subdivision and north and west of the Wildridge Subdivision as shown on the attached
maps. The project area consists of mostly low elevation south-facing slopes and is accessed by several
jeep roads and trails. The area has become popular for parties and campfires as evidenced by the amount
of trash and fire-rings.
The Proposed Action consists of several specific projects designed to accomplish the following
objectives:
1) To protect Forest Roads during the spring when the road surface is soft and susceptible to
damage;
2) To obliterate and revegetate unnecessary Forest Service System Roads; and
3) To reduce the risk of an unattended campfire from escaping onto private lands and to rehabilitate
and seed disturbed areas.
Project 1 is shown on the map labeled Gates And Road Closure Locations (Map 1, attached). The
Project consists of the obliteration of Forest Road 780.1C and is labeled as Project 1 on the
aforementioned map. The road is steep and rocky with little opportunities for erosion control. Forest
Roads 774 and 780 access the same area and thus this road does not serve any critical function. This
Project will meet Objective 3. The Forest Service proposes to obliterate the road during the summer of
2002.
Projects 2, 3, 4, and 5 (as shown on Map 2) consist of the placement of gates at the Forest Boundary on
Forest Roads 774, 717.2, 717.1B, and 779. A Forest Supervisor Closure will be put into effect
prohibiting the use of motorized vehicles, except for snowmobiles operating . on designated routes
starting the second day after the end of the last big game rifle season until May 1 each year. The two-day
time frame allows hunters an extra day to recover harvested animals. In 2002 the closure would have
s gone into effect on January 2 as an example. These Projects will accomplish Objectives 1 and 2. The
Forest Service proposes to install the gates during the summer of 2002 and implement the closure during
the winter of 2002-2003.
The final part of the proposed management for the June Creek/Berry Creek area will be the
implementation of a camping and campfire closure within the area as shown on the Proposed Closure
Area map (Map 2, attached). Camping and campfires will be prohibited year-round in the closure area.
The boundary of the closure area is as follows:
Beginning at the point where Forest Road 774 enters the National Forest the boundary follows
private lands east and then south around the Singletree Subdivision; then private lands east and
then north along the Wildridge Subdivision; then east along the north boundary of the Wildridge
Subdivision to a point approximately /mile east of where Forest Road 779 enters National
Forest lands; then north and west to a point approximately '/ mile north of where Forest Road
779 enters the Forest; then northwest to the first switchback on Forest Road 717 (June Creek);
then southwest to a point approximately % mile north of the junction of Forest Roads 717 and
774.2C; then west approximately '/ mile north of Forest Road 717 to a point approximately `/
mile north of the junction of Forest Roads 774 and 717; then west and southwest to the second
switchback on Forest Road 780; then west to private lands; and then south and east along private
lands to Forest Road 774.
This Project will accomplish Objective 4. The Forest Service proposes to implement the closure during
the summer of 2002 and to revegetate disturbed areas where camping and campfires have left exposed
soil during the summer of 2002.
2. Decision
It is my decision to approve the seasonal road closures on Forest Roads 774, 717.2, a and 9v the
obliteration of Forest Road 780.1 C, the area closure to camping and campfires as described above, and
to categorically exclude the analysis of this proposal from documentation in an Environmental
Assessment or Environmental Impact Statement for the following reasons:
This project falls under the Forest Service Handbook. 1909.15 - Environmental Policy and
Procedures Handbook, Category 31.1b, Section 1, - Orders issued pursuant to 36 CFR part
261 - Prohibitions to provide short-term resource protection or to protect public health and
safety. Based on environmental analysis and past experience, the effects of implementing
this action will be of limited context and intensity and do not individually or cumulatively
have a significant effect on the quality of the human environment, and will result in little or
no environmental effects to either the physical or biological components of the environment.
No extraordinary circumstances such as the presence of steep slopes or highly erosive soils;
threatened and endangered species or their critical habitat; flood plains, wetlands, or
municipal watersheds; Congressionally designated areas, such as wilderness, wilderness
study areas, or National Recreation Areas; inventoried roadless areas; Research Natural
Areas; or Native American religious or cultural sites, archaeological sites, or historic
properties or areas will be impacted.
3. Public Involvement
The public was notified through newspaper articles and letters to affected publics. This Supervisor's
Order will be published in the local newspaper prior to implementation and will be posted in the field
around the boundary of the closure and at the gate locations.
4. Findings Required by other Laws
The Forest Plan has been reviewed and a determination made that this decision is consistent with the
White River National Forest Land and Resource Management Plan (FEIS and ROD signed 9/84). The
actions in this project comply fully with the goals of the Forest Plan, the Management Area Direction,
including that contained under Management Prescriptions 4B and 6B, and the Forest-wide standards and
guidelines.
Floodplain, wetlands, prime lands, threatened and endangered species, minerals, and cultural resource
management implications have been considered: these resources will not be adversely affected.
5. Implementation
Implementation Date
Implementation of this decision may begin immediately.
6. Administrative Review or Appeal Opportunities
Pursuant to 36 CFR 215.8 (a) (4), this decision is not subject to administrative review or appeal.
For further information, contact David Van Norman, Holy Cross Ranger District, P.O. Box 190,
Minturn, CO 81645 or at (970) 827-5159.
CAL WETTSTEIN DATE
District Ranger
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AT&T Broadband
March 18, 2002
Mr. Bill Efting
Town Manager
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Dear Mr. Efting:
8000 E. Iliff Ave
Denver. CO 80231
As you know, AT&T Broadband planned to launch our new cable services to our Avon
customers that are served by our E`v'-01 node on or around April 8, 2002. Due to
unforeseen issues with our billing system, we have postponed our launch to April 18,
2002. I apologize for any inconvenience the delay may cause for the town of Avon.
Thank you for working with us in a cooperative manner to resolve this issue. If you have
any questions, please call me at (303) 603-5013.
Sincerely
GV
Wend Hey
Director of Franchising
DC? Recycled Paper
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MARCH 26, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt,
and Mayor Protein Buz Reynolds present. Also present were Town Manager Bill Efting,
Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Kristen
Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Town
Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob
Reed, Transit Director Harry Taylor, Comm. Dev. Director Ruth Borne, Special Events
Coordinator Julie Kessenich as well as members of the press and public.
Citizen Input:
Mayor Yoder presented Town Clerk Nash with a Certificate of Recognition for her years
of service as Town Clerk.
Citizen Input:
Egg Hunt Update
Special Events Coordinator Kessenich updated the Council on the Egg Hunt that will take
place Saturday, March 30, 2002 at the Avon Recreation Center.
Ordinances:
Second Reading of Ordinance No. 02-04, Series of 2002, An Ordinance Making
Miscellaneous Amendments to Title of the Municipal Code of the Town of Avon
Relating to Administration and Personnel; and Establishing the Administrative
Departments of the Town
Mayor Yoder stated this is a public hearing.
Town Attorney Dunn stated that this is the second reading of this ordinance. It is a
housekeeping ordinance.
There being no comments from the public, Mayor Yoder closed the public hearing.
Mayor Protem Reynolds motioned approval of Ordinance No. 02-04, Series of 2002.
Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 02-05, Series of 2002, An Ordinance Amending
Ordinance No. 02-03 of the Town Relating to the Issuance by the Town of Multifamily
Housing Revenue Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge
II Apartments Project), Series 2002
Mayor Yoder stated this is a public hearing.
Town Attorney Dunn stated that this is an amendment to a previous ordinance passed by
the Town Council to increase the authority for the Buffalo Ridge project by
approximately $695,000.
There being no comments from the public, Mayor Yoder closed the public hearing.
Councilor Brown motioned to approve Ordinance No. 02-05, Series of 2002. Councilor
Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
New Business:
Councilor Cuny stated that Beaver Liquors Open golf tournament is scheduled for May
31 and June 1 to benefit the Make-A-Wish Foundation.
Consent Agenda:
a) Approval of the March 12, 2002 Council Meeting Minutes
b) Financial Matters
c) Salute to the USA Fireworks Contract
d) Noah's Ark Petting Zoo Contract
e) Resolution No. 02-16, Series of 2002, A Resolution approving the Final Plat,
A Resubdivision of Lot 46, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado
Regular Council Meeting
March 26. 2002
f) Resolution No. 02-17, Series of 2002, A Resolution Approving the Final Plat,
A Resubdivision of Lot 6, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado
g) Metcalf Gulch Lower Drainage Improvements, Change Order No. 1
h) Nottingham Lake Drain Valve Replacement - Proposal
i) Resolution No. 02-18, Series of 2002, A Resolution to Amend the 2002 Town
of Avon Budget
Mayor Yoder stated that the Consent Agenda has been amended with the addition of
Resolution No. 02-19, Series of 2002, A Resolution of the Town Council of the Town of
Avon, Colorado, Delegating Authority and Responsibility as the Designated Emergency
Response Authority.
Councilor Brown motioned approval of the Consent Agenda as amended. Councilor
McDevitt seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The meeting
adjourned at 5:37 PM.
RESPECTFULLY SUBMITTED:
Kristen Nash, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
March 26, 2002
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: April 3, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Elam Construction, Inc. - Construction Contract
Summary: Three Bids were received in response to our Advertisement
for Bids for the East Avon Access & Circulation Streetscape Improvements Project. The
three base bids received ranged from $2,259,987.00 to $2,545,367.00 and the engineer's
estimate was $1,740,985.00. These Bids are summarized on the attached Bid Summary
Sheets. Elam Construction, Inc. submitted the Low Responsible Base Bid of
$2,259,987.00. We have reviewed the Bid submitted by Elam Constriction, Inc. and find
it to be generally consistent with most items in the Engineer's Estimate and reasonably
consistent with the other Bids received. We do not see any unreasonable discrepancies in
the various unit prices to indicate potential problems or an unbalanced bid.
The current Project Budget is $2,917,149 which consists $925,000 in 2001 and
$2,046,158 in 2002. Projected expenses based on the low bid received are:
Construction Contract $2,259,987
Engineering Design $ 75,000
Appraisals $ 35,000
Legal $ 30,000
Contract Administration $ 80,000
Testing Services $ 30,000
Administration $ 15,000
Easements & R/W $ 349,430
Contingencies @ 1.5% $ 42,732
Total Proposed Budget $2,917,149
I:\Engineering\CIP\East Avon\4.0 Construction DOCUments\4.4 Construction Contract\Memo Bid Award.Doc
Subsequently, the projected expenses are within the current budget but this includes a very
small contingency of approximately 1.5% ($42,732). Normally we would recommend a
contingency of approximately 10% for a project of this type, or about $290,000 to address
potential changes or conditions that may arise during construction and in reaching final
settlement in the acquisition of the required easements.
We recommend acceptance of the Low Base Bid in amount of $2,259,987.00 as submitted
by Elam Construction, Inc. for construction of the East Avon Access & Circulation
Streetscape Improvement Project.
Financial Implications: The current Project Budget is $2,917,149 and
the projected expenses are $2,917,149 including contingencies in the amount of $42,732.
If this contract is approved, it is possible that additional appropriations may be required to
address potential cost increases due to negotiation of final settlement for easement costs or
conditions encountered during construction. These additional costs can be expected to be
in the range of $250,000 and would reduce the available Capital Improvement Fund
balance accordingly.
Recommendations: Approve Bid submitted by Elam Construction, Inc.,
in the amount of $ 2,259,987.00 for construction of the East Avon Access & Circulation
Streetscape Improvements Project and authorize issuance of Notice of Award for the
Proj ect.
Town Manager Comments:
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I:\Engineering\CIP\East Avon\4.0 Construction Documents\4.4 Construction Contract\Memo Bid Award.Doc 2
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager U/
From: Norm Wood, Town Engineer
Date: April 4, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Proposal / Inter-Mountain Engineering, Ltd.
Construction Contract Administration Services
Summary: The attached Proposal for Construction Contract
Administration Services for East Avon Access & Circulation Streetscape Improvements
was submitted by Inter-Mountain Engineering, Ltd. The proposed services would include
daily observations of construction activities, coordination of materials testing, review and
evaluation of potential corrections and changes, coordination of construction progress
meetings, measurement and documentation of quantities for payment, review of pay
requests, and other related activities as required for efficient administration of a
construction project. The proposed cost of these services is not to exceed $76,403 without
prior written approval. The cost of these services is included in the current Project
Budget.
Approval of the Inter-Mountain Engineering, Ltd. Proposal for Constriction Contract
Administration Services for East Avon Access & Circulation Streetscape Improvements
with an estimated cost not to exceed $76,403 without approval is recommended.
Recommendations: Approve the Inter-Mountain Engineering, Ltd.
Proposal for Construction Contract Administration Services for East Avon Access &
Circulation Streetscape Improvements with an estimated cost not to exceed $76,403
without prior written approval.
Town Manager Comments:
e-Gn C VI/
I:\Engineering\CIP\East Avon\2.0 Contract Services\2.2 Design (Eng)\2.2.3 Sevice ContractWemo Admin Aprvl.Doc
Inter-Mountain
Eng?nee SLtd.
February 19, 2002
Mr. Norman Wood
Town of Avon
P.O. Box 975
Avon, CO 81620
Via: Delivery
RE: East Avon Street Improvements Phase I
Construction Services
Dear Norman:
We appreciate the opportunity to submit the following proposal for construction
services in connection with the Town of Avon's East Avon Street Improvements
Phase I project. IME is uniquely qualified for this work due to our solid working
relationship with Town staff, our familiarity with the project, and the fact that we
are a local firm with extensive experience designing and building projects of this
size and scope.
Over the years, IME has successfully completed many similar projects for the
Town and other clients. We are familiar with Town expectations, which will help
lead to a successful project team and a superior product. Plus, we feel that
being local is a significant asset that will allow us to be more responsive to the
Town's needs during construction.
Specific personnel dedicated to this project:
Frederick E. Tobias, P.E., will serve as the project manager. Bob Yost,
E.I.T., design engineer, will perform the majority of the field observations.
Dale Hope, Construction Quality Control Manager, will support them as
necessary to fulfill the project requirements.
II. General Conditions:
The enclosed General Conditions are incorporated into and made a part of
agreements for services by IME.
8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526
77 Metcalf Road, 4200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531
Mr. Norman Wood
Proposal - Construction Administration - East Avon Street Improvements Phase I
February 19, 2002
Page 2
III. Scheduling services:
Our normal hours of business are 8:00 AM to 5:00 PM, Monday through
Friday (excluding holidays.) A field representative from IME will be on-site
an average of 4 hours per weekday, for 180 calendar days, as requested
by Town of Avon. Work scheduled by the client outside of normal
business hours is charged at a rate 1.5 times our standard charges.
IV. Fees:
Due to the unpredictability of the actual scope of construction services
required for any given project, we generally perform this type of work on a
time and materials basis. A copy of our fee schedule is attached.
have included a spreadsheet with a tentative breakdown of the time (and
associated, estimated fees) that will be devoted to various aspects of the
project. This schedule and our proposal are based on a total construction
period of 180 calendar days, per the contract documents for the project.
We will not exceed the estimated project total of $76,403.00 without prior
authorization from the Town.
Basic Construction Services
IME staff will provide construction contract administration services including:
attendance at a pre-construction meeting and assistance with the meeting
minutes, review and evaluation of required submittals, field visits to observe and
document the contractor's work, review of the contractor's work for conformance
with plans and specifications (including collection of the contractor's quality
control test results for concrete, fills, sub-grade, base and pavement), attendance
at progress meetings, evaluation of changes and corrections requested during
construction and drafting change order recommendations for the Town's
approval, review of the contractor's work schedule, evaluation and forwarding the
contractor's pay requests (with a recommendation for payment) to Town staff.
Required submittals include, but are not necessarily limited to, the following:
• Construction schedules: initial (within 1 week to 10 days of Notice to
Proceed) plus monthly with payment applications
• Traffic Control Plan completed by an appropriately certified individual
• Construction Access and Site Plan
• List of subcontractors and suppliers w/ experience statements
• MSE wall design
Mr. Norman Wood
Proposal - Construction Administration - East Avon Street Improvements Phase I
February 19, 2002
Page 3
• Manufacturers Specifications/Cut Sheets and/or conformance statements
for specified and/or alternate products such as irrigation systems,
landscape and plant materials, drainage pipes, grates, frames, covers,
pre-cast concrete structures
• Asphalt Mix Design
• Concrete Mix Design
• Samples of fill, bedding, and base materials (and gradation curves if
required by the geotechnical engineer) to the geotechnical engineer
• Shop drawings and/or production schedules for the irrigation system, MSE
walls (including material and color samples where required)
• Test Results (ex: concrete cylinder tests, compaction test results, etc...)
Extra Services
Materials quality control or quality assurance testing is not included in the basic
scope of services under this proposal. Quality control testing is the responsibility
of the Contractor.
Preparation of As-Builts, after the work is complete, is not included in the scope
of this proposal.
If it appears as though claims may arise as a result of work on the project, [ME
will document information related to the potential claims. However, such work is
considered an "extra" and the fees for performing this work are not included in
the basic services. The work will be billed at the hourly rates presented in our
enclosed fee schedule.
We look forward to working with the Town toward a successful project.
Sincerely,
Inter-Mountain Engineering, Ltd.
Frederick E. Tobias, P.E.
Norman Wood
Date
0
nInter mountain
?E
ngineeringLu.
General Conditions
THESE GENERAL CONDITIONS ARE INCORPORATED INTO AND MADE A PART OF AGREEMENTS
FOR SERVICES BY INTER-MOUNTAIN ENGINEERING, LTD.
1. Responsibilities of Inter-Mountain Ermineeringr, Ltd.:
A. IME will perform professional engineering and/or professional surveying services as specified under "Basic
Services" and when authorized, "Additional Services".
ll. Responsibilities of Client:
A. Provide all criteria and full information as to the requirements of the project. Furnish all appropriate tests, reports,
and surveys not included in Basic Services. A Title Insurance policy shall be provided when a survey is included in
Basic Services. IME shall be entitled to rely upon the accuracy and completeness of such information.
B. Render approvals and decisions as expeditiously as necessary for the orderly progress of [ME services.
C. Give prompt notice to IME of any development that affects the scope or timing of its services.
D. Coordinate the work of IME with that of others.
E. Give complete and careful consideration to services and recommendations provided by ]ME.
F. Provide "Right of Entry" for IME and all necessary equipment. IME will take reasonable care to reduce damage to
property, however, it is understood that in the normal course of work, some damage will occur, the repair of which is
not part of this agreement.
G. Delineate the location of all utility lines and subterranean structures within the property. IME shall not be
responsible for damage resulting from their incorrect location.
Ill. Compensation:
A. IME shall submit invoices to client monthly and a final bill upon completion of services. Invoices are due upon
presentation, and past due 30 days after the invoice date, client agrees to pay a service charge of 1 3/4 percent per
month on past due accounts.
B. If it becomes necessary to enforce collection, client agrees to pay all costs of collection, including attorney's fees.
C. It is understood that estimates of professional fees are based upon the preparation of designs, reports, or
surveys for a single design concept or site plan, and that charges to that concept or additional engineering required
by governing agencies (except normal "Redlines') shall constitute an increase in the scope of services. Additional
Services ("Additional Services') shall be billed at the normal billing rates for the individuals assigned to the work. No
Additional Services will be provided without prior authorization.
IV. Standard of Care:
A. Services of IME under this agreement will be performed in a manner consistent with that level of care and skill
ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the
locality of the project.
B. IME liability for damages to client arising from negligent acts, en ors or omissions, will be limited to an aggregate
amount not to exceed $50,000 or the total fee under this agreement, whichever is greater. This limitation shall apply
to IME, its officers and employees.
V. Ownership of Documents:
A. All reports, drawings, specifications, notes and other documents prepared by IME in the course of providing
services are instruments of service and shall remain the property of IME. These documents are not intended to be
suitable for reuse on extensions of this project or for use on any other project. Documents shall not be altered in any
manner without the permission of [ME.
W. Construction:
A. Client agrees to require the construction contractor to assume sole and complete responsibility for the
construction of the project including the safety of persons and property and the means, methods, techniques and
sequences of construction.
B. If IME is not providing services during the construction process, client hereby agrees to contact IME if construction
documents are unclear or if errors or discrepancies are discovered. [ME shall not be liable where client and/or
contractor makes his own interpretations of and/or revises the intent of the construction documents and design
drawings.
C. If construction observations are provided, the term "Observation" implies only that IME would observe the
progress of the contractors work, and perform tests, from which to develop an opinion as to whether the work
essentially complies with the job requirements. Our efforts shall be directed at providing the client with a greater
degree of assurance that construction is proceeding in accordance with project requirements. The presence of IME
representatives will be for the purpose of providing observation and/or testing. IME work does not include
supervision or direction of actual work of the contractor, his employees or agents. Neither the presence of IME
representatives or their observations or testing shall excuse the contractor in any way for defects discovered in his
work.
D. Any opinions of project cost rendered by IME represents it's best judgment and are furnished for general
guidance. IME makes no warranty as to the accuracy of such opinions as compared to bid or actual costs.
Vll. Soils and Materials Testing:
A. Client recognizes that subsurface conditions may vary from those encountered at the locations where explorations
are made, and that data, interpretations and recommendations made by IME are based solely on the information
available to it.
B. Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or
near the project site and has informed IME of any information or findings relative to the possible presence of such
materials. Should unanticipated hazardous material be discovered in the course of the performance of services
under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of the scope of
work or termination of services. Should the discovery of unanticipated hazardous materials require IME to take
immediate measures to protect health and safety, Client agrees to compensate IME for costs incident to taking such
measures and for any equipment decontamination required. IME agrees to notify Client promptly when
unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any
disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify
and hold IME harmless from any and all liability arising from discovery by anyone of unanticipated hazardous
materials or suspected hazardous materials.
C. IME will discard samples 30 days after submission of reports on those samples.
IX. Insurance:
A. IME and it's employees are protected by insurance which meets or exceeds statutory requirements for Workman's
Compensation, Public Liability, Property Damage and Professional Liability. Certificates evidencing coverage will be
provided upon request. IME shall in no event be responsible for any loss or damage beyond the amounts, limits and
conditions of such insurance.
X. Miscellaneous:
A. This agreement shall be governed in accordance with Colorado law.
B. Services are for the exclusive use of the Client for this specific project. These services are not to be relied on by
others without the specific authorization of IME.
C. Neither party shall assign or transfer any interest in this agreement.
D. This agreement may be terminated by either party upon 7 days written notice to the other, in which case IME shall
be paid for all services provided up to termination, plus all additional cost incurred by IME due to said termination.
0
r1 Inter-Mountain
EngneeringLtd.
PROFESSIONAL FEE SCHEDULE
March 1, 2001
PROFESSIONAL FEES:
Principal Engineer $120.00/hr
Senior Engineer 90.00/hr
Project Manager 100.00/hr
Project Engineer 80.00/hr
Design Engineer 70.00/hr
Field Engineer 75.00/hr
Surveyor 90.00/hr
Survey Crew without GPS 115.00/hr
2 Man Survey Crew with GPS 137.50/hr
1 Man Survey Crew with GPS 115.00/hr
CADD Technician 70.00/hr
Technician 60.00/hr
Technical Typist 3 5.00/hr
Computer Processing 65.00/hr
Photocopies .15/each
Blueprinting 3.00/Sheet
Outside Services Actual Cost
+15%
LABORATORY TESTING:
Atterberg limits (one point method) (ASTM D-4318) $ 50.00
Atterberg Limits (three point method) (ASTM D-4318) 125.00
Grain Size Analysis:
A. 1'/2" sieve to No. 200 sieve $ 85.00
B. Percent passing No. 200 sieve (ASTM-1140) 60.00
C. Hydrometer analysis 75.00
Swell-Consolidation Test
A. Loaded to 5,000 psf (4 loads) $75.00
B. Per load in addition to 5,000 psf 15.00
8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526
77 Metcalf Road, 4200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531
Natural Moisture and Density $20.00
Unconfined Compressive Strength (ASTM D-2166) 75.00
Standard Proctor Density Test (ASTM D-698) $ 90.00
Modified Proctor Density Test (ASTM D-1557 $100.00
One Point Proctor $50.00
Concrete field test (sampling, slump, unit weight,
air content, temperature, & cylinder fabrication) $ 60.001hr
Concrete compressive strength tests (includes $16.00/cyl
cylinders held and not tested)
Laboratory preparation of samples, remolds, etc. $ 50.00/hr
Mileage @ $0.40 per mile
Scheduled overtime (after 6:00 p_m. and weekends) 1.5 x base rate. Overtime must be scheduled 24
hours in advance on weekdays and on Thursday for weekends.
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Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Bill Efting, Town Manager Iw-
Norm Wood, Town Engineer /-?
April 4, 2002
H-P Geotech Proposal for Construction Observation & Testing
Nottingham Lake Drain Valve Replacement
Summary: H-P Geotech submitted the attached Proposal for Construction
Observation and Testing for the Nottingham Lake Drain Valve Replacement Project. This
repair work is in the Nottingham Lake Dam and it is extremely important that excavation
and backfill work be monitored by a qualified geotechnical firm to assure that the
structural integrity of the dam is maintained with the repairs. The Proposal is based upon
standard unit prices and the actual cost will depend upon actual conditions encountered
during the repairs. The Project Budget includes $5000 for testing and construction
observation services. This should be adequate assuming that the work progresses as
expected.
We recommend acceptance of the proposal dated April 2, 2002, for Construction
Observation and Testing for the Nottingham Lake Drain Valve Replacement Project as
submitted by H-P Geotech.
Recommendations: Approve proposal for Construction Observation and
Testing for the Nottingham Lake Drain Valve Replacement Project as submitted by H-P
Geotech.
Town Manager Comments:
C/ C rt c u
I:\Engineering\Water\Construction & Repairs\Nottingham Lake Outlet Drain\Geotech Services Memo-I.Doc
C?tech
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
e-mail: hpaeo@hpgeotech.com
PROFESSIONAL SERVICES AGREEMENT
April 2, 2002
Town of Avon Engineering Department
Attn: Matt Spielbauer
P.O. Box 975
Avon, Colorado 81620
Job No. 102 235
Phone: 970/748-4134
Project: Construction Observation and Testing, Nottingham Lake Repair Project, Avon,
Colorado
Professional Services
Hepworth-Pawlak Geotechnical, Inc. (H-P GEOTECH) agrees to perform the services outlined
below. The CLIENT may subsequently amend the scope of services with the concurrence of H-P
GEOTECH. Services provided by H-P GEOTECH will be consistent with the engineering
standards prevailing at the time and in the area that the services are performed; no warranty,
express or implied, is intended. CLIENT is responsible to provide the information known to be
existing regarding the project as it applies to the execution of H-P GEOTECH's services. Please
note the attached Terms and Conditions are a part of this Agreement and contain a limitation
of liability clause.
Scope of Services
Perform part time to full time observation and testing of earthwork operations as directed by the
client or his designated representative. Present the results of the services performed in daily
reports.
Fee
Our fee will be based on the unit costs listed on the attached Fee Schedule and other costs needed
to perform our services.
Termination
This Agreement may be terminated by either party upon reasonable written notice. Our services
will be stopped and fees will be calculated to include all services performed and materials used or
ordered.
Acceptance
We are proceeding with the above scope of services based on the verbal authorization by Matt
Spielbauer on April 1, 2002. Unless notified otherwise, we assume that you accept this
Agreement. Prior to issuing our report, one copy of this Agreement must be signed and
returned to us.
HEPWORTH - PAWLAK GEOTECHNICAL, INC. CLIENT
by by
Thomas J. Wes off
/kk
Gogortech HEPWORTH - PAWLAK GEOTECHNICAL, INC.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
e-mail: hpgeo@hpgeotech.com
2002
FEE SCHEDULE
GLENWOOD SPRINGS
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
CONSTRUCTION OBSERVATION
Field Technician - Soils, Concrete, Asphalt, Masonry, Fireproofing ....................... $50.00 to $60.00/hour
Field Technician - Piers, Piles ............................................... $55.00 to $65.00/hour
Overtime (Over 8 hours per day, Saturday, Sunday and Holidays) ...................... 1.5 x standard hourly rate
Supervisor ............................................................ $65.00 to $75.00/hour
Engineer (Staff to Senior Level) ............................................. $65.00 to $105.00/hour
CAD/Drafting ................................................................. $65.00/hour
Word Processing ............................................................... $45.00/hour
SOILS
LABORATORY TESTING
Moisture Content (ASTM D-2216) .......... $ 8.00
Moisture and Density (Liner Sample) ......... 14.00
Atterberg Limits (ASTM D-4318) ........... 65.00
Swell-Consolidation (Std. 3 Points) .......... 70.00
Unconfined Compression (ASTM D-2166) ..... 70.00
Specific Gravity (ASTM D-854) ............ 70.00
Gradation Analysis (ASTM D-422)
a. 3" through #200 Sieve .............. 75.00
b. 3" through #4 Sieve ................ 30.00
c. #4 through #200 Sieve .............. 45.00
d. Percent Less than #200 Sieve .......... 25.00
e. Hydrometer Analysis ............... 70.00
Standard Proctor Compaction (ASTM D-698) .. 100.00
Modified Proctor Compaction (ASTM D-1557) 110.00
a. One Point Check .................. 45.00
Hveem Stabilometer 'R' Value ............ 300.00
ASPHALT
Oil Content Only (ASTM D-6307) .......... $90.00
Oil Content/Gradation
(ASTM D-6307 and ASTM D-5444) ...... 150.00
Marshall Test - Three Specimens (ASTM D-1559)
(Sample Preparation, Unit Weight,
Stability, Flow) ................... 150.00
Asphalt Coring, Includes Technician ...... 85.00/hour
Specific Gravity, Bulk
(ASTM D-1188 and D-2726) ............ 25.00
Maximum Theoretical Spec. Gr. (ASTM D-2041) . 65.00
CONCRETE - MASONRY
Cylinder Compression Test 4"x8" ......... $10.00
Cylinder Compression Test (ASTM C-39) 6"x12" . 14.00
Contractor Cast Cylinders .............. 20.00
Masonry Grout Compression Test,
Including Coring and Trimming ....... 30.00/core
Mortar Cube Compression Test ............ 12.00
Masonry Prism Compression Test
a. Hollow Cell ..................... 85.00
b. Grout Filled ..................... 95.00
Concrete Coring (ASTM C-42)
Includes Technician ............... 85.00/hour
Sample Preparation ................. 50.00/hour
Unit Weight (4" or 6" Cylinder - Dry) ........ 15.00
Cement Mortar Cube, Compressive Strength,
Set of 6 (ASTM C-109) .............. 120.00
AGGREGATES
Moisture Content (ASTM D-2216) .......... $ 8.00
Gradation, Large Pit Run Samples ........ 50.00/hour
All Standard Sieves to #200 Sieve (ASTM C-136)
a. Coarse Aggregate 3" through #8 Sieve .... 35.00
b. Amount Finer #200 (ASTM C-117)
Coarse Aggregate ................ 30.00
c. Fine Aggregate (with #200 Sieve) ....... 45.00
Clay Lumps and Friable Particles (ASTM C-142)
Coarse or Fine Aggregate .............. 35.00
Fractured Faces, Coarse Aggregate
(Colorado Procedure 45) ............... 55.00
Specific Gravity, Bulk and Apparent
a. Coarse (ASTM C-127) .............. 40.00
b. Fine (ASTM C-128) ................ 60.00
FIREPROOFING
Density (ASTM E-605) ................. $25.00
Bond Test (ASTM E-736) ................ 25.00
MISCELLANEOUS TESTING
Laboratory Technician .............. $50.00/hour
Field Laboratory .......... Quotation Upon Request
OTHER DIRECT CHARGES
Auto or Pickup ........... $35.00/day + $.50/mile
4x4 Pickup .............. $75.00/day + $.60/mile
Out of town living expenses, commercial travel costs,
equipment rental, freight, etc. ......... Cost + 20%
Special Testing ................... Cost + 20%
REMARKS
Technician rates include nuclear gauge or other typical
field equipment and are charged portal to portal. A
24-hour notice is requested for scheduling of field service.
Proposals for specific projects available upon request.
The prices listed above include up to three copies of the
report. 1.5 % per month interest charged after 30 days
from invoice date plus collection costs and reasonable
attorney's fees.
Terms and Conditions On Back
Effective January I, 2002
TERMS AND CONDITIONS
STANDARD OF CARE: Services performed by HEPWORTH-PAWLAK GEOTECHNICAL, INC. (referred to as HP
GEO ECr.., -r` under .his Agreement will. be conducted in u ma "t with 'hat level of ,."u.e and skiii ordinarily i . .. .. ,.,... .n.:,.. consistent arity exercised
d
by members of the profession currently practicing under similar conditions in the same locale. No warranty, express or implied,
is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client
recognizes that subsurface conditions may vary from those encountered at the location where borings, tests or explorations are made
by HP GEOTECH and that the data, interpretations and recommendations of HP GEOTECH are based solely upon the data
available to HP GEOTECH. HP GEOTECH will be responsible for those data, interpretations, and recommendations, but shall
not be responsible for the interpretations by others of the information developed.
LIMITATION OF LIABILITY: The client agrees to limit HP GEOTECH and its employees, directors, officers and subconsultants
liability to the client arising from or in any way related to the Project or the Agreement including professional acts, errors, or
omissions or breach of contract or other cause of action, such that the total aggregate liability of HP GEOTECH, including
reasonable attorney's fees and expert witness' fees, to all those named shall not exceed $50,000 or HP GEOTECH's total fee for
the services rendered on this Project, whichever is greater, and client hereby releases HP GEOTECH and its employees, directors,
officers and subconsultants from any liability above such amount.
SITE ACCESS: Unless otherwise agreed, the client will furnish HP GEOTECH with right-of-access to the site in order to conduct
the planned exploration. While HP GEOTECH will take reasonable precautions to limit damage to the property, it is understood
by the client that in the normal course of services some damage may occur, the restoration of which is not part of this Agreement
and shall not be the obligation of HP GEOTECH. Unless otherwise agreed, the client will secure all necessary approvals, permits,
licenses and consents necessary to the performance of the services hereunder.
UTILITIES: In the performance of its services, HP GEOTECH will take reasonable precautions to avoid damage or injury to
subterranean structures or utilities. The client agrees to hold HP GEOTECH harmless and indemnify HP GEOTECH for any
claims, payments or other liability, including attorney's fees and costs, incurred by HP GEOTECH for any damages to subterranean
structures or utilities which are not called to HP GEOTECH's attention and correctly shown on the plans furnished to HP
GEOTECH.
UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to advise
HP GEOTECH of any known or suspected hazardous substances which may exist on or near any premises upon which services
are to be performe' by HP GEOTECH's employees, agents or subcontractors. If HP GEOTECH observes or suspects the existence
of unanticipated hazardous materials during the course of providing services, HP GEOTECH may at its option terminate further
services on the project and notify client of the condition. Services will be resumed only after a renegotiation of scope of services
and fees. In the event that such renegotiation cannot occur to the satisfaction of HP GEOTECH, HP GEOTECH may at its option
terminate this contract.
INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Payment is
due upon presentation of invoice and is past due thirty (30) days from th, invoice date. Client agrees to pay a finance charge of
one and one half percent (1'/z %) per month on past due accounts. Client also agrees to pay all costs and expenses, including
reasonable attorney's fees incurred by HP GEOTECH relating to collection procedures on overdue accounts.
OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates
and other documents prepared by HP GEOTECH as instruments of service, shall remain the property of HP GEOTECH unless
there are other contractual agreements.
SAMPLES: HP GEOTECH will retain all soil and rock samples that a:. ransported to HP GEOTECH's laboratories until
submission of the project report. Further storage or transfer of samples can be made at client's expense upon written request..
DISPUTE RESOLUTION: All claims, disputes and other matters in controversy between HP GEOTECH and client arising out
of or in any way related to this Agreement will be submitted to "alternative dispute resolution" (ADR) such as mediation and/or
arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent client and HP GEOTECH
have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution
Agreement" which, if attached, is incorporated and made a part of this Agreeme _.
If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR
as provided above, then:
1) The claim will be brought and tried in judicial jurisdiction of the court of the county where HP GEOTECH's principal place
of business is located and client waives the right to remove the action to any other county or judicial jurisdiction, and
2) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's
fees, and other claim related expenses.
rev. January, 2002
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development ---`
Date April 3, 2002
Re: Agreement for Building Permit Plan Review Services by Linhart
Petersen Powers Associates ("Lp2a")
Summary: Lp2a has submitted an Agreement for Professional Services
("Agreement") for building permit plan review services. Last year, an agreement
with Lp2A was specifically approved for L'Auberge. Staff has continued to use
Lp2a for plan review, including Wal-Mart and Home Depot.
This Agreement will allow staff to continue to use Lp2a for plan review services
as needed. The fee is equal to 65% of the plan check fee or a revised fee
depending on the scope of the project. The fee is a standard amount for plan
review services. This includes all minor revisions. On major revisions, the
building permit applicant is responsible for the additional costs.
Recommendation: Staff recommends approval of the Lp2a Agreement
for building permit plan review services.
Proposed Motion: I make a motion to approve the Agreement for building permit
plan review services for Lp2a.
Town Manager Comments,
/ CO
Attachment: Agreement from Lp2a
AGREEMENT FOR
PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 21s` day of March , 2002, by
and between the Town of Avon ("Town") and Linhart Petersen Powers Associates ("Consultant").
WHEREAS, Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
WHEREAS, Consultant is willing to render the professional services described herein on
the following terms and conditions.
NOW, THEREFORE, the parties agree as follows:
Scope of Services: The Consultant shall furnish the following services in a professional
manner:
"Consultant shall perform the services described on Exhibit A which is attached hereto and
incorporated herein by reference. Consultant shall provide said services at the time, place,
and in the manner specified in Exhibit A, subject to the direction of the Town through its
staff that it may provide from time to time."
2. Time of Performance: The services of Consultant are to commence upon execution of
this Agreement and shall continue until the Town approves all authorized work. Consultant
shall not be responsible for delays caused by circumstances beyond its reasonable
control.
3. Compensation: Compensation to be paid to Consultant shall be in accordance with the
Schedule of Fees set forth in Exhibit 6, which is attached hereto and incorporated herein
by reference. Payment by Town under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the Town at the time of payment.
4. Method of Payment: Consultant shall submit monthly billings to Town describing the
work performed during the preceding month. Consultant's bills shall include a brief
description of the services performed, the date the services were performed, and a
description of any reimbursable expenditures. Town shall pay Consultant no later than 30
days after approval of the monthly invoice by Town staff. 90% of Consultant's fee will be
billed following the issuance of the building permit. The remaining 10% will be billed upon
issuance of the temporary certificate of occupancy. If project becomes inactive or a
building permit is not pulled, the total fee (100%) may be billed 120 days after the first plan
review was completed.
MASTERPC.DOC
REVISED 7198
5. Ownership of Documents: All plans, studies, documents and other writings prepared by
and for Consultant, its officers, employees and agents and subcontractors in the course of
implementing this Agreement, except working notes and internal documents, shall become
the property of the Town upon payment to Consultant for such work, and the Town shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such
reports, plans, studies, documents and other writings to Town upon written request.
6. Independent Contractor: It is understood that Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the Town. Consultant shall obtain no rights to
retirement benefits or other benefits, which accrue, to Town's employees, and Consultant
hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant: Consultant (including principals, associates and professional
employees) covenants and represents that is does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area
covered by this Agreement or any other source of income, interest in real property or
investment which would be affected in any manner or degree by the performance of
Consultant's services hereunder. Consultant further covenants and represents that in the
performance of its duties hereunder no person having any such interest shall perform any
services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and
direction of the Town or of any Town official, other than normal agreement monitoring;
and,
b. possesses no authority with respect to any Town decision beyond rendition of
information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
8. Professional Ability of Consultant: Town has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter
into this Agreement. Consultant shall, therefore, provide properly skilled professional and
technical personnel to perform all services under this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise.
9. Insurance: Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies with insurers
possessing a Best's rating of no less than AMII:
a. Workers' Compensation Coverage: Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees
in accordance with the laws of the State of California. In addition, Consultant shall
MASTERPC. DOC
REVISED 7/98
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the Town
at least thirty (30) days prior to such change.
b. General Liability Coverage: Consultant shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit.
C. Automobile Liability Coverage: Consultant shall maintain automobile liability
insurance covering bodily injury and property damage for all activities of the
consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
d. Professional Liability Coverage: Consultant shall maintain professional errors
and omissions liability for protection against claims alleging negligent acts, errors
or omissions which may arise from Consultant's operations under this Agreement,
whether such operations be by the Consultant or by its employees, subcontractors,
or subconsultants. The amount of this insurance shall not be less than one million
dollars ($1,000,000) on a claims-made annual aggregate basis.
e. Policy Endorsements: Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1) The Town, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured with respect to
liability arising out of work performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such
work or operations.
MASTERPC.DOC 3
REVISED 7198
2) This policy shall be considered primary insurance as respects the Town, its
elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the Town, including any self-insured retention
the Town may have shall be considered excess insurance only and shall
not contribute with it.
3) This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the
limits of liability of the insuring company.
4) The insurer waives all rights of subrogation against the Town, its elected or
appointed officers, officials, employees or agents.
5) Any failure to comply with reporting provisions of the policies shall not effect
coverage provided to the Town, its elected or appointed officers, officials,
employees, agents or volunteers.
6) The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days
written notice has been received by the Town.
d. Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the Town. The Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured
retentions.
e. Certificates of Insurance and Endorsements: Contractor shall provide
certificates of insurance with original endorsements to Town as evidence of the
insurance coverage required herein. Certificates of such insurance shall be filed
with the Town on or before commencement of performance of this Agreement.
Current certification of insurance shall be kept on file with the Town at all times
during the term of this Agreement.
10. Compliance with Laws: Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinance and regulations.
11. Licenses: Consultant represents and warrants to Town that it has all licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to Town that
consultant shall, at its sole cost and expense, keep in effect or obtain at all times during
the term of this Agreement, any licenses, permits, insurance and approvals which are
legally required of Consultant to practice its profession. Consultant shall maintain a Town
business license if required.
MASTERPC. DOC
REVISED 7/98
12. Written Notification: Any notice, demand, request, consent, approval or communication
that either party desires or is required to give to the other party shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice, demand, etc.,
shall be addressed to the other party at the address set forth herein below. Either party
may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated within 48 hours from the time of mailing if mailed as provided in
this section. Courtesy faxed copies will be provided to the Town.
If to Town: Town of Avon
Attn: George E. Hoyt, Chief Building Official
P. O. Box 975
Avon, CO 81620
If to Consultant. Linhart Petersen Powers Associates
Attn: Kevin M. Powers, Principal
5798 Stoneridge Mall Road, #201
Pleasanton, CA 94588
13. Consultant's Books and Records:
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to Town for a
minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the Town Manager, Town Attorney, Town Auditor,
Chief Building Official, or a designated representative of these officers. Copies of
such documents shall be provided to the Town for inspection at Town Hall when it
is practical to do so. Otherwise unless an alternative is mutually agreed upon, the
records shall be available at Consultant's address indicated for receipt of notices in
this Agreement.
d. Where Town has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business,
Town may, by written request by any of the above named officers, require that
custody of the records be given to the Town and that the records and documents
be maintained in Town Hall. Access to such records and documents shall be
granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
MASTERPC. DOC
REVISED 7198
14. Entire Agreement: This Agreement constitutes the complete and exclusive statement of
Agreement between the Town and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in
total by this Agreement.
15. Amendments: This Agreement may be modified or amended only by a written document
executed by both Consultant and Town and approved as to form by the Town Attorney.
16. Waiver: No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder.
17. Execution: This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such
counter part.
18. Assignment & Subcontracting: The parties recognize that a substantial inducement to
Town for entering into this Agreement is the professional reputation, experience and
competence of Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the written consent of the
Town. Consultant shall not subcontract any portion of the work to be performed under this
Agreement without the written authorization of the Town. If Town consents to such
subcontract, Consultant shall be fully responsible to Town for all acts or omissions of the
subcontractor. Nothing in this Agreement shall create any contractual relationship between
Town and subcontractor nor shall it create any obligation on the part of the Town to pay or
to see to the payment of any monies due to any such subcontractor other than as
otherwise is required by law.
19. Termination: This Agreement may be terminated immediately for cause or by either party
without cause upon fifteen days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective
date of termination.
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REVISED 7198
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
TOWN:
Town Manager- Bill Efting
Town of Avon
APPROVED AS TO FORM:
Town Attorney
Town of Avon
CONSULTANT:
By:
Princip 1
Linhart Petersen Powers Associates
ATTEST:
Town Clerk
Town of Avon
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - LP2A Schedule of Charges
MASTERPC. DOC
REVISED 7198
EXHIBIT A
SCOPE OF SERVICES
PLAN REVIEW SERVICES
Plan Review: LP2A will perform plan reviews to check plans for compliance with the 1997 Uniform
Building, including ADA requirements, and Plumbing Codes; 1998 International Mechanical Code; and
1999 National Electrical Code as amended by Jurisdiction.
Comment Lists and Plans Delivery: Plan reviews result in typed lists of comments which refer to
specific details and drawings, and reference applicable code sections. LP2A will transport plans and
comments to Jurisdiction, via FAX, e-mail and/or reliable overland carrier. Overnight delivery is available
at no additional cost.
Turn-Around Schedules: Plan reviews will be completed/returned to Jurisdiction within fifteen (15)
working days of the date the plans are received by LP2A. If plan review is not completed within fifteen
(15) days, then LP2A will forfeit 5% of the total plan check fee each day the plan review is not completed
up to a total deduction of 25%.
Technical Support: When mutually agreed between the Jurisdiction and LP2A as vital to project
success, LP2A staff will attend pre-construction or pre-design meetings, field visits upon request, and
provide support for field inspection personnel on an as-needed basis.
EXHIBIT B
SCHEDULE OF FEES
PLAN REVIEW
Basic Fees: For complete plan review projects performed in LPzA's offices, fee will equal 65% (or agreed
upon fee, depending on project) of the plan check fee collected by the Jurisdiction. This basic fee will
include minor revisions. Major revisions will be charged on an hourly basis per our then-current hourly
rate schedule (Exhibit C).
90% of our fee will be billed following the issuance of the Building Permit. The remaining 10% will be
billed upon issuance of the Temporary Certificate of Occupancy. If project becomes inactive or a building
permit is not pulled, the total fee (100%) may be billed 120 days after the first plan review was completed.
EXHIBIT C
SCHEDULE OF CHARGES
Building Official may determine that some services should be charged on an hourly basis. Hourly
charges, when applicable, for any project, will be based on the following schedule:
PERSONNEL CHARGES
Personnel Description
Plan Review Engineer
Plan Reviewer
Building Inspector
Support Services
Overtime Services
Hourly Billing Rate
$75-$85
$65-$75
$60-$75
$35-$50
Additional 25% of Hourly Rate
Personnel charges are for technical work. Charges are made for technical typing and for time and
costs of compiling and printing reports. Direct charges are not made for general secretarial services,
office management, accounting and maintenance since these items are included in overhead.
MISCELLANEOUS CHARGES
The following charges are in addition to personnel charges:
Car, per mile (includes mileage from LP'A to jurisdiction and return;
and mileage within jurisdiction) $.365
Printing & Reproduction Services: Per Sheet, Photocopies $.15
Charges for Special Outside Services: Cost plus 10%
Examples of such services include:
• Telegrams or Long Distance Calls
• Meals & Lodging
Transportation on Public Carriers
0 Shipping Charges