TC Council Packet 05-14-2002Town Council Meetings
Roll Call Check Sheet
Date: A.?J' \? ,'ao?"
Michael Brown C FT
Debbie Buckley J QS ?? ``?
Peter Buckley
-0
R4-04
Mac McDevitt
Buz Reynolds
Judy Yoder
J _
Q
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n
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.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
? Bill Efting Moi Jeff Layman
Larry Brooks
mi Norm Wood
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n
ITrslas 1 ?[?c ery
Jaco
s
Reb-Reed-
?Jacquie Halbufb-tj Harry Taylor
Scott Wright
? Ruth Borne
Other Staff
'A3
IATown Clerk\Council\Packets\Council Meeting Check List.doc
To: Honorable Mayor and Town Council
From: Bill Efting, Town Manager 1?
Date: May 9, 2002
Re: Manager's Update
Just a reminder that next Thursday, May 16th you will be having dinner with the
Vail Town Council at Chaps, which is located at the Cascade Club. Cocktails will
be served at 6:00 in the lobby bar followed by dinner.
2. Mike Brown and I will be attending the County Partnership training sponsored by
Arn Menconi.
3. Attached is a positive letter concerning Officer Paul Arnold.
4. I will be on vacation in Mexico the week of May 27th and will miss the May 28th
Council Meeting. It will be in the very capable hands of Larry Brooks.
The Resource Center of Eagle County
PREVENTION AND CRISIS SERVICES
April 2, 2002
Officer Paul Arnold
Avon Police Department
PO Box 975
Avon, Colorado 81620
lost Office Box 2558
Avon, Colorado 81620
Dear Officer Arnold,
'hone 970/949-7097
ax970/949-7087 I am writing on behalf of The Resource Center of Eagle County to thank you
esource@va va il.net .net
esou for your professionalism in handling a recent case of domestic violence. As
you know, domestic violence is an epidemic that can only be counteracted by a
'ROGRAMS concerted effort and unified response from all members of our community. By
advocates Against Assualt
3uddies
working together, I believe we have saved a woman's life.
:hildcare Resource
t Referral The Resource Center's Advocate Program is here to support you as you work
;ourtwatch
with domestic violence and sexual assault victims. Our 24-hour crisis line is
3oARD of DIRECTORS available to victims, their family and friends, and law enforcement to provide
eanne Bailey any assistance we can. An Advocate is always available to meet a victim
>usan Frampton
'. Michael Goodbee
and/or officer at a neutral, safe location such as the police station or hospital.
,ynn Gottlieb We can provide referrals, counseling, advocacy in the courts and assist in
Jalerie O'Neil Kesler emergency needs such as food, clothing or financial needs. Advocates can
oannM. Snow eggy Nicholls provide safehousin$ to a victim and their children. We will meet with victims
awrence Pierce-Durance at any point, from the initial crisis incident or anytime thereafter.
3arb Smith
3arbara Treat
Please feel free to call me at anytime at 949-7097, or you can always reach an
advocate through our 24-hour crisis line: 949-7086. We greatly appreciate the
time and dedication you have shown towards assisting victims, specifically our
work with case 41? and protecting our community. We look forward to
working with you in the future.
Sincerely,
Adz
Meg Park
Advocate Program Coordinator
cc: Chief Jeff Layman
"Peace On Earth Begins At Home"
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD MAY 14, 2002, AT 4 PM IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:45 - 4:00 PM 1) Executive Session - Attorney Consultation
4:00 - 4:20 PM 1) Sales Tax Update - (Scott Wright)
4:20 - 4:30 PM 2) Directional Signage - (Bill Efting)
4:30 - 5:15PM 3) Village at Avon (Larry Brooks)
5:15 PM - 5:30 PM 4) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
?N OF
" ,»•••• -• .•' • TOWN OF AVON, COLORADO
IF
S E, A 1? BY: c
• ...,. ;T• Jerk
Q ig
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 10, 2002:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
IATown C1erk\Counci1\Agendas & Worksessions\Agenda-Worksession.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Scott Wright, Finance Directo
;r?
Date: May 9, 2002
Re: Sales Tax Collections
Summary'
Sales Tax. Year-to-date sales tax collections for the Town are down 1.32% from 2001. The Town's
general fund budget currently projects a 5% growth in sales tax collections. If collections continue to be
flat there will be an unfavorable variance to total estimated revenues for 2002 an amount of $244,507.
The unfavorable variance as it relates to the first quarter of this year is $158,594. This amount seems
high in relation to the unfavorable variance above because the 1St quarter collections in 2001 were quite
good - 8.15% over the 1St quarter of 2000.
Vail's March sales tax figures are not available yet, but as a comparison Vail's January sales tax was
down 8.1 % and February was down 5.1 % from the prior year.
Staff is evaluating expenditures to determine how we might offset this estimated shortfall in revenues
and we will report back to Council with our recommendations.
Town Manager Comments: wc / W,
) 1 6( C6 .n ,/ b k c lo 7o w I7
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o ti u,. r us . WL need a J? - G( ?l? ,` ti( SOU V< e S Q c s '
U Tax ' C?u? rseCS 6? a "SCOT -? 1 -tic SamE Scvu'cc . S?
S
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Page 1
TOWN OF AVON
SALES TAX BY MONTH
1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% 2002 01'-02% Total5-Yr
Change Change Change Change Change % Increase
January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53%
February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92%
March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 483,385.43 -3.98% 5.04%
April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% - -100.00% -100.00%
May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% -100.00% -100.00%
June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% -100.00% -100.00%
July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00%
August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00%
September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00%
October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00%
November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00%
December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00%
YTD Total 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 4.36% 1,295,669.61 -1.32% 6.40%
YTD Through March Collections 1998-2002
1,320,000.00
1,300,000.00
1,280, 000.00
1,260,000.00
1,240,000.00
1,220, 000.00
1,200, 000.00
1,180, 000.00
1,160,000.00
Year
Monthly Collections for March 1998-2002
510,000.00
500,000.00
490,000.00
480,000.00
470,000.00
460,000.00
450,000.00
440,000.00
430,000.00
1998 1999 2000 2001 2002
1998 1999 2000 2001 2002
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1998 97'-98% 1999 981-99% 2000 991-001% 2001 001-011% 2002 01'-02% Total 5-Yr
Change Change Change Change Change % Increase
January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71%
February 42,769.24 -5,60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% -4.40%
March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46%
April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% - -100.00% -100.00%
May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% -100.00% -100.00%
June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00%
July 20,845.64 -2.13% 21,120.57 1,32/a 21,769.19 3.07% 22,567.70 3.67% -100.00% -100.00%
August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% - -100.00% -100.00%
September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00%
October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% -100.00% -100.00%
November 10,813.22 -10.72% 7,889.97 -27,03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00%
December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00%
YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 130,829.45 -1.99% -1.75%
YTD Through March Collections 1998-2002
140,000.00
120,000.00 - - --
100,000.00 '
M'
80,000.00
60,000.00 -
40,000.00 ;I
20,000.00
1998 1999 2000 2001 2002
Year
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
May 14, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
5. Resolutions
6. Ordinances
a) Second Reading of Ordinance No. 02-06, Series of 2002 - An Ordinance Amending Title
3 of the Municipal Code of the Town of Avon relating to Tax Credits within the Village
(At Avon). (John Dunn) Public Hearing
b) Second Reading of Ordinance No. 02-07, Series of 2002 - An Ordinance amending
Chapter 12 of Title 3 of the Municipal Code of the Town of Avon relating to forms for
application for exemptions from the Real Estate Transfer Tax. (John Dunn) Public
Hearing
5. Unfinished Business
6. New Business
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a) Approval of the April 23, 2002 Council Meeting Minutes
b) Metcalf Drainage - Change Orders #2 and #3
C) Metcalf Drainage - Change Order #4
d) Avon Recreation Center Refurbishment of the Locker and Changing Room Project,
Change Order #2
e) East Avon Access & Circulation Streetscape Improvements, Change Order #1
f) Turner Collie & Braden, Inc., Proposal for Construction Observation, the Village
(at Avon), Filing 2
I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc
g) Intergovernmental Agreement for Transportation Services between Beaver Creek Metro
District and Town of Avon
h) Resolution No. 02-23 Series 2002, Approving the Final Plat, A Resubdivision of Lot 75,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado
i) Resolution No. 02-24 - Series 2002, Approving the Final Plat, A Resubdivision Lot 69,
Block 1, Wildridge, Town of Avon, Eagle County, Colorado
j) Resolution No. 02-25, Series 2002, A Resolution Accepting All Title And Interest In Lot
38, Block 1, Benchmark At Beaver Creek Subdivision (Barrancas Pud), Town Of Avon,
Colorado
k) Resolution No. 02-26, Series 2002, Amending Exhibit B of the Subdivision
Improvements Agreement for the Village (at Avon) Filing 2, Town of Avon, Eagle
County, Colorado
12. Adjournment
IATown Clerk\CoundhAgendas & WorksessionsUgenda-Regular Meeting.doc
ORDINANCE NO. 02-06
AN ORDINANCE AMENDING TITLE 3 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO TAX CREDITS WITHIN THE VILLAGE (AT AVON).
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section--Amendment-Section_3 O8-D3 of Chapter 8, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on sales consummated
within The Village (at Avon) a temporary tax credit against collection of the tax
equal to the amount of any retail sales fee paid by or on behalf of such person.
The amount of the credit shall not exceed the amount of the tax. No such credit
shall be granted subsequent to termination of the collection of the retail sales fee
pursuant to the Annexation and Development Agreement for The Village (at
Avon). Neither the ability of the Town to grant the temporary tax credit nor the
termination of the credit shall constitute a tax increase, the imposition of a new
tax or a tax policy change."
Section 2. Amendment. Section 3.12.065 of Chapter 12, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on transfers within
The Village (at Avon) a temporary tax credit against collection of the tax equal to
the amount of any real estate transfer fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall
be granted subsequent to termination of the collection of the real estate transfer
fee pursuant to the Annexation and Development Agreement for The Village (at
Avon). Neither the ability of the Town to grant the temporary tax credit nor the
termination of the credit shall constitute a tax increase, the imposition of a new
tax or a tax policy change."
Section 3. Amendment. Section 3.28.075 of Chapter 28, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on the lease or
rental of any public accommodations within The Village (at Avon) a
temporary tax credit against collection of the tax equal to the amount of
any public accommodation fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit
shall be granted subsequent to termination of the collection of the public
accommodations fee pursuant to the Annexation and Development
Agreement for The Village (at Avon). Neither the ability of the Town to
grant the temporary tax credit nor the termination of the credit shall
constitute a tax increase, the imposition of a new tax or a tax policy
change."
Section 4. Effective Date. This ordinance shall be effective as of the first day of
January. 1999.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon,
6 yor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 14th day of May, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
r
f'
Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14TH DAY
OF MAY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-06, SERIES
OF 2002:
- - An Ordinance Amending Title 3 Of The Municipal Code Of The
Town Of Avon Relating To Tax Credits Within The Village (At
Avon).
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 10th day of May,
TP.
t
TOWN OF AVON, COLORADO
BY: qtty Mc envy
To rk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 10, 2002:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
ORDINANCE NO. 02-07
AN ORDINANCE AMENDING CHAPTER 12 OF TITLE 3 OF
THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO FORMS FOR APPLICATION FOR
EXEMPTION FROM THE REAL ESTATE TRANSFER TAX.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON. COLORADO:
Section 1. Amendment. Subsection A. of Section 3.12.070 of Chapter 12, Title
3 of the Municipal Code of the Town of Avon is amended to provide as follows:
"3.12.070 Application for exemption - Form of certificate - Approval. A. In the
event that any transfer which is exempt from the real property transfer tax does not reflect that
exemption clearly in the document evidencing the transfer, the grantee may apply for a certificate
of exemption from the town manager, which certificate of exemption may be affixed to the
document evidencing such transfer. The certificate of exemption shall be in the following form
or in such other form as shall be prescribed by the town manager:
TOWN OF AVON
APPLICATION FOR EXEMPTION
FROM REAL PROPERTY TRANSFER TAX
Grantee(s) (Buyer(s)):
Mailing Address of Grantee:
Date of Closing or Conveyance:
Sales Price or other Consideration:
Legal Description:
Address of Property:
The undersigned hereby applies for exemption of the above real estate transaction from the
payment of the Real Property Transfer Tax, imposed by Chapter 3.12 of the Municipal Code of
the Town of Avon. The basis of the application for exemption is as follows:
(State grounds for exemption, including applicable section and subsection of the Real Property Transfer Tax Ordinance under
which the exemption is requested. Attach supporting documents and affidavit if necessary setting out additional details for full
understanding of the transaction)
I hereby certify under penalty of perjury that the foregoing statements are true and correct.
Grantee(s)
Date
I hereby certify that the above described transfer of real property should be exempted from the
payment-of-the Avon-Real-Property-'ransfer Tax under-Chapter 3.12,-sect on 3,1-2.060-of-the----
Municipal Code of the Town of Avon.
Town Attorney
Date
The above described transfer of real property is exempted from the payment of the Avon Real
Property Transfer Tax under Chapter 3.12, section 3.12.060 of the Municipal Code of the Town
of Avon.
Town Manager Date
Return copy of application to: "
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
ATTEST:
T'T
a?L
Vor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 14th day of May, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14TH DAY
OF MAY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-07, SERIES
OF 2002:
- An Ordinance Amending Chapter 12 Of Title 3 Of The Municipal
Code Of The Town Of Avon Relating To Forms For Application For
Exemption From The Real Estate Transfer Tax.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 10th day of May,
` TOWN OF AVON, COLORADO
BY:
I Pa M Kenny ?,j
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 10, 2002:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager -;6 ?--
From: Norm Wood, Town Engineer %V,
Date: May 7, 2002
Re: Metcalf Gulch Lower Drainage Improvements
Change Order Number 2 and Number 3
Summary: Attached Change Orders Number 2 and 3 for the Metcalf
Gulch Lower Drainage Improvements represents minor changes required to address
conflict between proposed improvements and existing sewer main that was discovered
during construction. These Change Orders provide for required modifications to the
concrete headwall and the existing 12-inch sewer main to eliminate the impacts of the
conflict. These changes were necessary to eliminate the conflict and maintain the integrity
of both the sanitary and storm sewer systems. Change Order Number 2 increases the
contract amount by $1,875.00 and Change Order Number 3 increases the contract amount
by $3,200.00 for a total increase of $5,075.00.
The net effect of these Change Orders is to increase the Contract Amount from
$ 553,778.48 to $ 558,853.48. This type of change was anticipated when the contract was
awarded and is provided for by the contingency item in the project budget.
App roved Project Budget Project Costs
Construction Contract $552,000 $ 552,000
Change Order No. 1 $ 1,852
Change Order No. 2 $ 1,875
Change Order No. 3 $ 3,200
Design $ 50,000 $ 50,000
Easements & Right-of-Way $ 5,000 $ 5,000
Contract Administration / Testing $ 25,000 $ 25,000
Administration & Permits $ 8,000 $ 15,000
Contingency (10%) $ 60,000 $ 46,073
Total Construction Budget $700,000 $ 700,000
I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 2 & 3 Memo.Doc
Approval of Change Orders Number 2 and Number 3 to the Site Resources Management,
Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is
recommended, increasing the Contract amount $ 5,075.00 from $ 553,778.48 to
$ 558,853.48.
Recommendations:
Approve Change Orders Number 2 and Number 3 to
the Site Resources Management, Inc. contract for construction of the Metcalf Gulch
Lower Drainage Improvements, increasing the Contract amount $ 5,075.00 from
$ 553,778.48 to $ 558,853.48.
Town Manager Comments:
I:\Engineering\CIP\Stormwater Metcalf-I\4.0 Construction Docs\4.5 Change Orders\CO No 2 & 3 Memo.Doc 2
CHANGE ORDER
Order No.: 2
Date: 04-05-02
Agreement Date: _11-27-01
NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements
OWNER: Town of Avon
CONTRACTOR: -Site Resource Management Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: The northwest wall
height, elevation and reinforcement is hereby modified, due to a conflict with the existing sanitary
sewer main in the vicinity of the outlet of the 84" CMP beneath I-70, in accordance with the wall
profiles drawing, sheet 13A of 13 dated 3-22-02. Add line item 10.3 A. Wall Modifications per
13A of 13, complete in place, Quantity 1, Units L. S., Unit Price $1,875.00, Total Cost $1,875.00
to the Payment Schedule. This amount does not include modifications to the existing 12" DIP
sanitary sewer main or encasement or repairs to main if it doesn't hold up to removal of
encasement.
Justification: The actual main location (as discovered during required potholing) did not match
the design assumptions and resulted in a conflict with the wall.
Because incorporating the sewer main and encasement into the wall will be done on a time and
materials basis with a guaranteed maximum price, an additional change order will be completed to
cover the cost of this work.
Change to CONTRACT PRICE: $ 1,875.00
Original CONTRACT PRICE: $ 551,926.82
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 553,778.48
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_1,875.00
The new CONTRACT PRICE including this CHANGE ORDER will be $_555,653.48
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be 10-11-02
(Date).
CO-1
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
CHANGE ORDER
Order No.: 3
Date: 0-^t-O5-02
Agreement Date: _11-27-01
NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements
OWNER: Town of Avon
CONTRACTOR: -Site Resource Management Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Add line item 10.3
B. Removal of concrete encasement on existing 12" DIP sanitary sewer main, as directed by the
engineer (per 13A of 13, dated 3-22-02), complete, Quantity As Measured, Units T&M/hour,
Unit Price $130.00, Total Cost NTE $3,200.00 to the Payment Schedule. This amount does not
include modifications to the existing 12" DIP sanitary sewer main or encasement or repairs to
main if it doesn't hold up to removal of encasement.
Justification: The concrete encasement must be removed from around the pipe at the northwest
wall penetration.
Change to CONTRACT PRICE: $ 3,200.00
Original CONTRACT PRICE: $ 551,926.82
Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 555,653.48
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_3,200.00
The new CONTRACT PRICE including this CHANGE ORDER will be $_558,853.48
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by _0 calendar days.
The date for completion of all work will be 10-11-02 (Date).
APPROVALS REQUIRED:-
Approved by Engineer:
Accepted by Contractor: R-
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Bill Efting, Town Manager 1?7 1--
Norm Wood, Town Engineer
May 7, 2002
Metcalf Gulch Lower Drainage Improvements
Change Order Number 4
Summary: Attached Change Order 4 for the Metcalf Gulch Lower
Drainage Improvements represents minor changes required to address soil conditions
encountered in construction of the headwall for the 84-inch culvert under I-70. Change
Order Number 4 is for the over excavation and structural backfill required to correct the
unsuitable soil condition encountered. This change was necessary to maintain the integrity
of the headwall installation. The cost of the Change Order is to increase the contract
amount by $3,227.28.
The net effect of this Change Order is to increase the Contract Amount from $ 558,853.48
to $ 562,080.76. This type of change was anticipated when the contract was awarded and
is provided for by the contingency item in the project budget.
Approved Project Budget
Construction Contract $552,000
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Design $ 50,000
Easements & Right-of-Way $ 5,000
Contract Administration / Testing $ 25,000
Administration & Permits $ 8,000
Contingency (10%) $ 60,000
Total Construction Budget $700,000
Protect Costs
$ 552,000
$ 1,852
$ 1,875
$ 3,200
$ 3,227
$ 50,000
$ 5,000
$ 25,000
$ 15,000
$ 42,846
$ 700,000
I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 4 MemO.Doc 1
Approval of Change Order 4 to the Site Resources Management, Inc. contract for
construction of the Metcalf Gulch Lower Drainage Improvements is recommended,
increasing the Contract amount $ 3,227.28 from $ 558,853.48 to $ 562,080.76.
Recommendations: Approve Change Order 4 to the Site Resources
Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage
Improvements, increasing the Contract amount $ 3,227.28 from $ 558,853.48 to
$ 562,080.76
Town Manager Comments:
I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 4 MemO.Doc 2
CHANGE ORDER
Order No.: 4
Date: 04-22-02
Agreement Date: _11-27-01
NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements.
OWNER: Town of Avon
CONTRACTOR: -Site Resource Management Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Sub-excavate wet,
mucky material beneath wall footings in accordance with Section 02200 as directed by the
engineer and replace with CDOT structure backfill (class 1) in accordance with Standard
Specifications for Road and Bridge Construction Sections 206 and 703.08. The measured sub-
excavation quantity will be added to line item 3.2 and paid for at the unit prices indicated in the
Bid Schedule. A quantity of 94.92 C.Y. of sub-excavation at $4.00/C.Y. = $379.68. Add line
item 3.2 A. Subgrade Stabilization with CDOT structure backfill (class 1), complete in place,
Quantity As Measured, Units Tons, Unit Price $20.00. 142.38 Tons of Class 1 at $20.00/Ton =
2897.60. For a total change to the Contract Price of $3227.28
Justification: Unsuitable foundation material was found in the bottom of trenches for the concrete
wall footings.
Change to CONTRACT PRICE: $_3,227.28_
Original CONTRACT PRICE: $ 551,926.82
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 558,853.48
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_3,227.28
The new CONTRACT PRICE including this CHANGE ORDER will be $_562,080.76
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by _0 calendar days.
The date for completion of all work will be 10-11-02
APPROVALS REQUIRED:
Approved by Engineer: /`-
Accepted by Contractor-
Accepted and Approved by Owner:
(Date).
Federal Agency Approval (where applicable):
CO-4
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 1?16 IZ4---
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: May 9, 2002
Re: Avon Recreation Center Refurbishment of the Locker and Changing
Rooms Project
Change Order 2
Summary: Attached Change Order 2 for the Avon Recreation Center
Refurbishment of the Locker and Changing Rooms Project represents a minor change with
respect the rework of the Locker Room floors. This change is for sanding of the base and
a strip around the walls and the addition of a final resin coat to provide a smoother surface
in this area. This was not included in the original plans and specifications but was found
necessary to facilitate cleaning of the floor. The cost of this additional work is $998.00
and the work was completed in conjunction with the rework of the floor.
The net effect of this Change Order is to increase the Contract Amount from $ 475,258.00
to $ 476,256.00. The cost of this change is provided for by the contingency item in the
project budget.
Construction Contract
Change Order No. 1
Change Order No. 2
Design
Contract Administration
Administration
Contingency
Total Construction Budget
Annroved Proiect Budget Proiect Status
$470,000 $ 464,048
$ 11,210
$ 998
$ 40,000 $ 36,688
$ 15,000 $ 26,534
$ 2,000 $ 2,500
$ 26,000 $ 11,022
$553,000 $ 553,000
*Includes additional contract administration services as approved.
IAEngineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.5 Change Order\CO Memo 2.Doc
Approval of Change Order No. 2 to the Harney-Naill, Inc. contract for construction of the
Avon Recreation Center Refurbishment of the Locker and Changing Rooms is
recommended, increasing the Contract amount $ 998.00 from $ 475,258.00 to
$476,256.00.
Recommendations:
Approve Change Order No. 2 to the Harney-Naill,
Inc. contract for construction of the Avon Recreation Center Refurbishment of the Locker
and Changing Rooms, increasing the Contract amount $ 998.00 from $ 475,258.00 to
$476,256.00.
Town Manager Comments:
l
I:\Engineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.5 Change Order\CO Memo 2.Doc 2
CHANGE ORDER
Order No.: 2
Date: 5/2/2002
Agreement Date: 8/1/2001
NAME OF PROJECT: Avon Recreation Center Refurbishment of the Locker and
Changing Room Areas
OWNER: Town of Avon
CONTRACTOR: Harney-Naill, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Per VMDA letter dated 5/1/02, Item #5.
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
$998.00
$464,048.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $475,258.00
The CONTRACT PRICE due to this CHANGE ORDER will be (increased eased by
$998.00
The new CONTRACT PRICE including this CHANGE ORDER will be
$476,256.00
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by -Nil- calendar days.
The date for completion of al?"will be May 9, 2002 (Date).
APPROVALS REQUIRECY`.
Approved by Architect:
Accepted by Contractor:
Accepted and Approved by Owner:
CO-1
V
ON
MR? I , 7,aOz
April 11). '00'
Mr. Georue N. I less. President
OMNI- I"'CII INDUSTRII:;.INC.
Dem cr. CO
Tyvo pages transmitted by faCSimile only.
Re: SRS Ploorin<-, Installation
,-yon Recreation Center
Aeon. CO
Dear Geor<?e:
0048 E BEAVER CREEK BLVD
SUITE 207
Box 5300
AVON, CO 81620
970.949.5200
vmda@vmda.com
FAX•949.5205
This is to confirm our discussion this morning-, and clarify, any loose ends that have
existed prior to that phone call. lI'there is no further clanfication needed. please return a
cope of tills letter vyith your si-(natw'e that v?ill then serve as your Notice to Proceed.
1. Omni-Tech Industries MII be responsible 101- coy rrin(-, all floor drains '111d I-clllo\ III"
that covering-, after completion of this Work.
?. HNI will temporarily raise the hase shoes on all the Santana partitions prior to your
arrival on site and replace them to their original position with all listeners aftcrNNard.
3. There will be no more samples requested or rcquireCI.
4. All horizontal SRS floor surfaces originally installed in this Project in October. 20O I
are included in this scope of Work.
?. A Change Order v?Id be prepared by HNI and prescnted to our office by the end of
business Thursday May 2. 2002 in the amount of 5950.00 plus the 5`%' Fee for the
sanding of the bases and addition of final resin coat along, the coves as we discussed.
6. The horizontal surfaces \\ III he treated as described in porn' letter dated 4/26/02.
7. Vertical surfaces alone the base NvIll be sanded and a final resin coat applied as
discussed.
8. The Town of Avon Recreation Staff will be responsible for detergent cleaning. N ith a
neutral cleanser. the floors and bases (with brushes onlN -no mops) prior to your
arrival on the site on Monday May 6. 2002. The floors and bases will need to be
completely dried at that time.
9. VMDA provide a floor plan clearly delineating where the glass bead will be held
back and the floor will be sanded. This can be provided to you on site on Monday. or
ARCHITECTS
Mr. George Hess
Omni-Tech Industries
May 1, 2002
Page Two
we can overnight it to N ocu- office for vour receipt Friday May 3, 2002. Just let us
know you preference.
George, thank you for vour persistence and diligence m applying your experience and
knowledge to this unfortunate situation. We loot: forward to the Avon Recreation Center
becoming a source of pride after these delays.
Cc: Norman Wood_ General Contractor
Mark Donaldson, AIA
Memo
To: Honorable Mayor and Town Council
Th ru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Date: May 9, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 1
Summary: Attached Change Order No.1 for the East Avon Access &
Circulation Streetscape Improvements represents minor changes required to address actual
field conditions encountered in construction and the inclusion of Bid Alternate No. 3 in
conformance with negotiations for easement acquisition from Benchmark Plaza. Change
Order Number 1 implements Bid Alternate No. 3 which provided for the addition of five
parking spaces on Benchmark Plaza adjacent to Plaza Way. The cost of this Bid Alternate
is $17,472.00 and will allow Easement acquisition negotiations for this parcel to be
brought to conclusion. Eighty five hundred dollars of this cost will be recovered in the
overall project budget by elimination of the requirement to pay for an appraisal had the
negotiations not been concluded by this addition. This savings is reflected in the Project
Status below. This Change Order also provides for the deletion of Bid Item No. 5.5
Relocate Telephone Pedestals. This work will be performed by Qwest at no cost to the
Town with a contract deduct amount of $2,700.00. The third item in this Change Order is
removal and replacement of the concrete pan and related work at the intersection of
Beaver Creek Boulevard and Plaza Way. The cost of this additional work is $1,462.50.
The net effect of this Change Order is to increase the Contract Amount $16,234.50 from
$ 2,259,987.00 to $ 2,276,221.50. This type of change was anticipated when the contract
was awarded and is provided for by the contingency item in the project budget. The effect
of this Change Order is reflected in the following Project Status.
IAEngineeringUl'Tast Avon\4.0 Construction Documents\4.5 Change Orders\CO No I Memo.Doc
Construction Contract
Change Order No. 1
Engineering Design
Appraisals
Legal
Contract Administration
Testing Services
Administration
Easements & R/W
Contingencies @ 1.5%
Total Proposed Budget
Approved Proiect Budget Proiect Status
$2,259,987 $2,259,987
$ 16,234
$ 75,000 $ 75,000
$ 35,000 $ 26,500
$ 30,000 $ 30,000
$ 80,000 $ 80,000
$ 30,000 $ 30,000
$ 15,000 $ 15,000
$ 349,430 $ 349,430
$ 42,732 $ 34,998
$2,917,149 $2,917,149
Approval of Change Order No. 1 to the Elam Construction, Inc. contract for construction
of the East Avon Access & Circulation Streetscape Improvements is recommended,
increasing the Contract amount $16,234.50 from $ 2,259,987.00 to $ 2,276,221.50.
Recommendations: Approve Change Order No. 1 to the Elam
Construction, Inc. contract for construction of the East Avon Access & Circulation
Streetscape Improvements, increasing the Contract amount $16,234.50 from
$ 2,259,987.00 to $ 2,276,221.50.
Town Manager Comments:
C\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 1 Memo.Doc 2
CHANGE ORDER
Order No.: 1
Date: 5-9-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Add Item 18.0 Bid Alternate No. Three - Provide Parking on Lot 20. + $17,472.00
Delete Item 5.5 Relocate Telephone Pedestals. Quest to relocate
telephone pedestals. Delete two (2) pedestal relocates @, $1,350.00
each. - $ 2,700.00
Concrete pan at north end of Plaza Way to be removed and replaced. Removal and replacement
as complete in place. Per CONTRACTOR, subgrade and road base is considered incidental.
Add 80 S.F. to Item 2.3 Concrete Pan Removal @ $5.00/S.F. + $ 400.00
Add 25 L.F. to Item 4.11 Crosspan - 4 R @ $26.00/L.F. + $ 650.00
Add 20 L.F. to Item 2.1 Sawcut Existing Asphalt @ $3.00/L.F. + $ 60,00
Add 125 S.F. to Item 2.2 Asphalt Removal .@ $0.90/S.F. + $ 112.50
Add 5 Tons to Item 4.4 Asphaltic Concrete @ 48.00/Ton + $ 240.00
Total + $ 1,,462.50
TOTAL + $16,234.50
Change to CONTRACT PRICE: $_16,234.50
Original CONTRACT PRICE: $-21259y987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER NA
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by
s_16,234.50
The new CONTRACT PRICE including this CHANGE ORDER will be
$ 2,276,221.50
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by -0^ calendar days.
The date for completion of all work will be October 11, 2002
(Date).
1H 19fi 1 10N Safflal 1H NUI M69: Z ZOOZ ' 6 ' AEN
APPROVALS REQLMZhD:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
E IH Igfil'aN SUVA03 A Wd13 h6g:Z ZOOZ '6 'M
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town EngineeKgG
Date: May 9, 2002
Re: The Village (at Avon) Filing 2
Proposal / Turner Collie & Braden, Inc.
Construction Management/Inspection Services
Summary: The attached Proposal from Turner Collie & Braden, Inc., is
for Construction Management/Inspection Services for The Village (at Avon) Filing 2,
public improvements construction per the Final Plat and Subdivision Improvements
Agreement. This proposal was requested in order to provide a level of assurance that
construction of the public improvements in The Village (at Avon) are constructed in
accordance with the approved plans and construction documents. This outside monitoring
is necessary because of the concurrent level of activity occurring with The Village (at
Avon) Filing 1 and Filing 2 construction in addition to the Town's capital projects and
other daily time demands. The proposed services include periodic observation of
construction activities, material testing review and assurance testing if required, review
and evaluation of potential corrections and changes, attendance at construction progress
meetings, review of pay request applications, and other related activities as required to
support the administration and monitoring of construction activities required by the Final
Plat and Subdivision Improvements Agreement. The Estimated cost of these services is
not to exceed $45,198.80 without prior written approval. The Town will be reimbursed
for the full cost of these services as stipulated in the Subdivision Improvements
Agreement.
Approval of the Turner Collie & Braden, Inc., Proposal for Construction
Management/Inspection Services for The Village (at Avon) Filing 2 public improvements
construction in accordance with the Final Plat and Subdivision Improvements Agreement
with an estimated cost not to exceed $45,198.80 without prior approval is recommended.
I:\Engineering\Avon VillageTiling Mubdivision\TC&B, Inc Proposal Memo.Doc
Recommendations: Approve the Turner Collie & Braden, Inc., Proposal
for Construction Management/Inspection Services for The Village (at Avon) Filing 2
public improvements construction in accordance with the Final Plat and Subdivision
Improvements Agreement with an estimated cost not to exceed $45,198.80 without prior
approval.
Town Manager Comments:
Cv?) cup _ i
I:\Engineerin-\Avon Village\Filing 2\Subdivision\TC&B, Inc Proposal Memo.Doc
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers
2 May 2002
Norman E. Wood, P.E.
Town of Avon
Post Office Box 975
Avon, CO 81620
Subject: Village (at Avon) Filing 2
Dear Norman,
1319 Grand Avenue
Glenwood Springs, Colorado 81601
Tel: (970) 945-5351
Fax: (970) 945-5365
It is with great pleasure that Turner Collie & Braden (TC&B) submits its Proposal for the
Village at Avon Filing 2 Construction Management tasks. The opportunity to display
TC&B's talents in Avon is exciting.
The TC&B staff and members of the project team consist of the same people who have
established a reputation for excellence on many high-profile projects throughout western
Colorado. We are available to commit resources through our Glenwood Springs and
Denver offices.
Our project team offers a broad spectrum of planning, civil design and construction
experience, and our local team members are intimately familiar with the active and high
profile projects that occur in Avon. Our extensive experience working together has given
us the background to fulfill the requirements of local, state and national governing
agencies in the Eagle River Valley. We also live in mountain communities and
understand the need to minimize the impacts of capital improvement projects for
residents, guests and the business owners in our resort-based communities.
Thank you for the opportunity to present this package. We look forward to working with
you in the near future. If you have any questions or require additional information,
please contact me at (970) 945-5351.
espectfully yours,
? ?_` ? . '
J eph E. Bair
Se for Project Manager
Turner Collie & Braden
Enclosures (2)
cc: File
Established in 1946
Engineering Excellence for Over One-Half Century
An AECOM COMPANY
Cost Estimate
Project:
Location:
Firm Name:
Name of Preparer:
Phone No.:
Scope of Work Date:
Type of Proposal:
Contract Time:
Estimated Beginning Date:
LABOR DISCIPLINE
Joseph E. Bair
Nicholas Senn
Kae McDonald
TOTAL DIRECT LABOR
Village (at Avon) Filing 2
Avon, CO
TurnerCollie & Braden Inc.
Joseph E. Bair
(970) 945-5351
30-Apr-02
Multiplier
180 Days
15-May-02
Multiplier =
Classification
Principal
Project Manager
Document Coordinator
TOTAL LABOR, INDIRECT COSTS AND FEE (MULTIPLIER 2.915)
OTHER DIRECT COSTS (DIRECT NON-LABOR EXPENSES)
This number for estimate purposes on ly, actual costs incurred are billed as directs
Reproductions
Xerox Copies - B & W 1,200 Each @ $0.10
Xerox Copies - Color 0 Each @ $2.00
Plan Reproduction 0 SF $0.08
Lodging 0 Months $1,200
Per Diem 0 Weeks $100
Mileage 2,496 Miles @ $0.43
CADD Time 0 Hours @ $14
Deliveries 10 Each @ $15.00
Office Supplies 1 Lump Sum @ $25.00
Field Supplies 1 Lump Sum @ $100.00
Telephone 4 Months $25.00
TOTAL OTHER DIRECT COSTS
OUTSIDE SERVICES, Vendors
Yeh & Associates $8,000.00
Testing will be billed on a per test basis, not to exceed this amount.
subcontract administration @ 10% $800.00
TOTAL OUTSIDE SERVICES COSTS
TOTAL CONTRACT COSTS
2.915
Hourly Work
Rate* Hours Total
$41.35 150 $6,202.50
$34.37 150 $5,155.50
$17.50 34 $595.00
0 $0.00
$0.00 0 $0.00
334 $11,953.00
$120.00
$0.00
$0.00
$0.00
$0.00
$1,060.80
$0.00
$150.00
$25.00
$100.00
$100.00
I declare that to the best of my knowledge the statements made on this document are true and complete and that
wage rates and other proposed costs on this contract are accurate and complete and include no unallowable or
(duplicate costs and that I am a Senior Project Manager and a duly authorized representative of the firm of:
TurnerCollie & Braden Inc.
1319 Grand Ave.
Glenwood Springs, CO 81601
Joe Bair ?0_-_\
(Typed Name) ignature)
O
VVNQN G
(Date Si ned)
$34,843.00
$1,555.80
$8,800.00
$45,198.80
taskhour
PROJECT PERSON-HOUR ESTIMATE
Principal Project Project Field Word TOTAL
TASK Manager Engineer Inspector Proc. HOURS
Task Group 1. Construction Oversight
1.1 Coordination/Weekly meetings 22 22 0 10 54
1.2 Coordination/Shop drawing & CMO Recommendations 20 20 10 50
1.3 Quality Control Inspection 80 80 0 160
1.4 Review pay requests 8 8 14 30
1.5 Project Documentation 8 8 16
1.6 Final Inspection and punchlist 6 6 12
1.7 As built review 6 6 12
Sub Consultants j 0
0
- - --
0
SUBTOTAL 0 150 150 0 34 334
0
0
0
SUBTOTAL 0 0 0 0 0 0
_ -- - i- 0
0
0
0
SUBTOTAL 0 0 0 0 0 0
TOTAL 0 150 150 0 34 334
Page 1
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MH7 Ue GUUe lU:JIHM 7tH HMU HSSUU1HIt5., 11'14: tUlUJ r tff-14U1 P-J
--,tW1vQ Juiy 1, 2001
YEH AND ASSOCIATES, INC.
STANDARD FEE SCHEDULE - ENGINEERING
FIELD INVESTIGATION
Drill Rig - Truck Mounted with 2 Man Crew
4-inch and 6-inch Solid Auger 3120 per hour
Hollow Stan Auger 3 3/4" I. D. 3 per he, r
Corng Bit Wear +3130 per hct_r
Standby Time 375 per hors
Track Mounted Rig (Additional) $50 per hour
Drill Rig Mobilization and Demobilization
in Town under 50 miles Hourly Rate
Truck Mounted Rig $1.00 per mile + $25 per man per hour
Track Mouthed Rig
Drill Rig Mobilizuton and Dernobili2ation
Wafer Trucl~ $0.75 per mile + $25 per man per hour
Pickup $0.60 per mile
Drill Rig Support Vehicles
Water T.-tick $100 per day
Support Truck 575 per day
Equipment Rental Lost+ 15%
Well Consirucuon Matelials Cost+ 15%
Geophysical Survey Cost - 15%
Field Engin-.&Gcologist 560 per hour
$215 per mile
LABORATORY TESTP G
Natural Density and Moisture Content
Atterhug Limit (ASTM D43 18)
Specific Gravity
Gradatioa Analysis (ASTM D-422)
a. All Standard Sieve to #200 Sieve
b. Less than 1 5" Down to #200 Sieve
c. Perccnf Less Than 4200 Sieve
d. Hydrometer Anslysi s,
Swell-Consolidation
a. Loaded to 10,000 psf
b. Per load in Addition to 10,000 psf
Timc-Consolidation (ASTM D-243 5`
Unconftl zi Compressive Strength (ASTM D-2166)
Direct Shear, Per point
a. Unconsolidated Undrained Test
b. Consolidated Undraimd Test
c Consolidated Drained Test (.ASTbf D-3080)
Standard Proctor Compaction (AS'lM D-693)
lvlodi:iedPructur Ccmpaction(ASTMD-1557)
Laboratory Tecluucian $55.00 per hour
"R%Value (ASTM 2844) $250.0i)
Resistivity $40.OU
Triaxiai Shear, per point
a. Unconsolidated-U ndrained(Quick Test) $125.00
b. Consolidated Undrained (R-Test) $270.00
c. Consolidated-Drained {S Test) 3500.00
Permeabilit)
a. Felling or Constant Head, 2-4" Diameter $185.00
b. Triaxial.Pcrneebility $300.00
c. Remolded (W&PRE-13) $180.00
Relative Density (ASTNJ D-2049) $125.00
California Bearing Ratio (ASTM D-1883), 1-Point $100.00
CalifomiaBeariagRdtio (ASTMD-1883), 3-Point $250.0()
Water Soluble Sulfate $25.00
PH $15.00
Organic Content (ASTM D-2974) $21).00
Los Angeles Abrasion Test $10'.)(1()
Concrete Compression Test, each $9.50
Concrete Cylinder, each $8.50
$7.50
$40.00
$30.00
$35,00
$30.00
$1500
add $35.00
$30.CO
$5-CO
$275.00
$25.CC
380.0c
$200.00
5 300.00
565.0C
575.0(
ENGINEERING
( overs planning and g.naral suparvlsion, veld trips, analysis, consu'ration, preparanon of reports,
Principal Engineer
Project Manager
Senior Project Engineer or Geologist
Ptoj ect Engineer or Geologist
Staff Engineer or Geologist
Senior Field Engineer/Techrcian
Field Fngineenng Technician
Junior Engineering Technician
Special Consultation, Expert Testimony and Court Appearance (%linimurn)
MISCELLANEOUS
Auto or Pickup Mileage (Outside Metropolitan Area)
Out-of-town living cx? iscs, commercial travel costs, equipment rental, etc.
interest charged after 30 days fmm invoice date
Other outside Laboratory Services
and travel r:'me.)
$120.00 per hoar
$100.00 per hour
$90.00 per hour
$70.00 per hour
$60.00 per hour
$60.0() per hour
355.00 per how
$45.00 pcr hour
Qucte on Request
$25.00/day r 50.32 per mile
Cost +15° ,
1.5% per month
Cost T 15 '/;
Town of Avon
Village (at Avon) Filing 2
Scope of Services
1. PROJECT DESCRIPTION
The Village of Avon - Filing 2 is a housing project being built North of I-70 at the
extension of Swift Gulch Road. Public improvements will be a part of this project.
Included in the improvements are the following:
Earthwork, which entails clearing, excavation and the placement of compacted
fill for Swift Gulch Rd.
Road Construction, including the preparation of subgrade, placement of road
base, placement of asphalt paving, installation of guard rail, installation of
concrete sidewalks, roadway striping and signage and two bus stops for Swift
Gulch Rd. An asphalt bike path will also be constructed.
Drainage and debris flow mitigation, including the construction of retention
ponds, storm sewers and outlet structures. This work also includes the enclosure
of the Nottingham-Puder Ditch into a pipeline.
Re-vegetation and Erosion Control, including measures control during
construction, and re-seeding all portions of the Swift Gulch right of way disturbed
by construction.
Utilities, Including the construction of sanitary sewer and domestic waterlines.
Retaining Walls, includes the construction of boulder and/or MSE retaining
walls within the Swift gulch right of way.
Booster Pump Station, includes the construction of a temporary, above ground
pump station, to provide adequate domestic water pressure and the required fire
flows.
During the construction of these public improvements, Turner Collie & Braden is pleased
to offer the following construction management services:
II. CONSTRUCTION MANAGEMENT TASKS
A. Construction Man agement/Inspection Services
Provide a Project Engineer with the following construction management
and inspection support:
TurnerCollie ftraden Inc.
Engineers • Planners • Project Managers
1
1. Construction Coordination: Attend the Contractors Weekly scheduling
meetings where issues which are impacting progress, the cost to complete the
work, and significant situations encountered related to the construction of the
Project will be discussed. Meeting minutes will be reviewed to evaluate the
impact of items discussed, decisions reached, direction given, and actions to
be taken.
2. Review of Construction for Conformance with Plans and
Specifications: Monitor the Contractor's construction activities with respect to
the contract documents and relevant schedule submittals governing the
performance of the work. Coordinate with the designer during construction
with recommendations regarding revisions to the plans.
3. Processing of Shop/Working Drawings Submitted by the Contractor:
Submittals, design drawings, shop drawings, materials, and test procedures
received from the Contractor will be reviewed for conformance to the
approved plans.
4. DailQuality Control Inspection: Perform as-needed quality control
inspections of construction activities to document construction activities
performed and assessment of conformance with the contract documents.
Inspection items will include those identified for the project.
5. Quantity Control: Contractor' pay request will be reviewed for
consistency with actual work completed, a synopsis of this review will be
forwarded to the Town for its use.
6. Project Documentation: Daily diaries will be completed to document
all problems and events that occur during the inspector's time on the project.
Diaries will include details of work in progress, labor and equipment utilized,
acceptability of materials used, problems encountered, and contacts with or
directions issued to the contractor.
7. Materials Testing: Materials testing will scheduled to assess the
contractor's compliance with the requirements of the contract documents.
Quality assurance testing will be done on ABC (class 6), asphalt, embankment
(including trench backfill) and Concrete. All Quality control testing will be
the responsibility of the contractor. Quality assurance testing will be
performed as spot checks, to ensure proper testing methods are used by the
Contractor. The frequency of testing will be as per the CDOT Field Materials
Manual for independent assurance testing. Additional tests will be taken as
directed by the Town of Avon. Test reports will be reviewed and submitted to
The Town of Avon.
B. Post Construction Support
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 2
1. Completion Inspection and Punch List: Conduct a final inspection with
the Contractor upon substantial completion. The result of this inspection is
the development of a punch list of remaining and/or outstanding work to be
performed by the Contractor prior to final project acceptance.
2. As-Construction Drawings: Review for completeness full sized as-
constructed-drawings prepared by the Contractor.
3. Completion Inspection and Close-Out: Following the completion of
all punch list items by the Contractor, conduct a final inspection with
representatives from the Contractor, to confirm the completion of all work.
The result of this inspection will constitute final project acceptance and
initiation of the Contractor's warranty period for the work.
III. DELIVERABLES
Deliverables generated during the project will include the following and will be
submitted throughout the duration of the project, or at specific dates commensurate with
the deliverable:
1. Project correspondence generated and received during the project.
2. Q/A test reports.
3. The Contractor will be responsible for submitting certifications to the
inspector, these will be reviewed and forwarded to the Town of Avon for
their records.
4. Construction management records generated including minutes of meetings,
project diary, inspection reports, and other documentation as prepared during
the course of construction in accordance with The Town of Avon
requirements.
IV. ADDITIONAL SERVICES
Additional construction management services are available if the Town so chooses, they
include but are not limited to the following tasks:
A. Review of Contractor's Traffic Control Plan
During construction, monitor the Contractor's approved traffic control
plan for implementation of traffic signing, barriers, and other traffic
control measures. Relocations and adjustments to detours will be
coordinated with the Contractor, Town of Avon, and other impacted
agencies.
B. Check Surveying
Provide quality control surveying and quantity verifications as needed.
(The Contractor is responsible for performing all surveying required to
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 3
properly lay out and construct the work covered under this contract.)
C. Quantity Control
Quantities of work elements constructed will be measured and recorded to
support the preparation and processing of progress pay estimates to the
Contractor. Quantities will be documented in an interim quantity book for
tracking of quantities constructed as compared to the original design
quantities on the project. Quantities of work will be agreed upon with the
Contractor and then reflected in monthly progress payment requests.
Assist the Town of Avon in resolving disputes in quantities with the
Contractor prior to the preparation of the pay estimate.
D. Contaminated Material Notification
Monitor construction operations and notify the Town of Avon
immediately should contaminated material be encountered or developed
on the project. When such material is identified, procedures developed by
the Contractor to mitigate the problem will be reviewed and a
recommendation provided.
DESIGN SUPPORT SERVICES
Provide design support on an as-directed basis to the Town Engineer and the Town of
Avon to provide the following:
A. Responses to Contractor
Respond to Contractor request for information, field clarifications, and
value engineering proposals.
B. Design and Documentation
New or revised design drawings of specifications as necessary and assist
the Town of Avon in the preparation of documentation for contract
amendments.
C. Cost Estimates
Cost estimates for all proposed changes.
D. Emergency Field Inspections
Designers can perform emergency field inspections on an as needed basis
to respond to field conflicts or engineering clarifications.
PROJECT MANAGEMENT
A. Progress Reports
Prepare monthly progress reports for the Town of Avon documenting
project progress, conformance with Contractor's schedule, status of
change orders, and potential/ongoing problems.
TurnerCoffleOBraden Inc.
Engineers • Planners • Project Managers 4
B. Change Orders
Prepare project change orders and minor contract revisions.
C. Project Coordination
Track project costs and coordinate project personnel including surveyors
and material testers.
D. Certified Payroll
Review certified payroll documentation provided by the Contractor and
conduct random interviews of Contractor employees to determine if the
Contractor is in conformance with EEO policies.
TurnerCollie ftraden Inc.
Engineers • Planners • Project Managers
Memo
To: The Honorable Mayor and Town Council
From: Harry N. Taylor, Director of Transportation
Thru: Bill Efting, Town Manager
Date: May 9, 2002
Re: Transportation Agreement with the Beaver Creek Metropolitan District
Summary:
The Beaver Creek Metropolitan District has requested the Town of Avon to continue to
perform Transportation services (Parking Lots route) as described in the attached
Transportation Service Agreement.
Discussion:
This agreement shall commence on the effective date hereof and shall expire on
September 30, 2002 (the Initial Term). This agreement allows the Beaver Creek
Metropolitan District the option to extend for five (5) separate and successive periods of
one (1) year (the Extension Period), commencing the day immediately following the
expiration of the Initial Term and ending on September 30, of each year extended.
Recommendation:
The recommendation is to approve the request by the Beaver Creek Metropolitan District
for the Town Of Avon to provide Transportation Services under a Transportation Service
Agreement for a one-year period with the option to renew for five separate and
successive periods per the agreement.
Town Manager Comments: C'o c s 0-1
Cc `?? 0 ? ? ; 0 '-f- a V 'C VN , Lilt m4 y +1 ? .. ? ? o
(? cvC o? ?n61C' c -?'r"C <<--)fi S?'-' -c51'S
encl.
INTERGOVERNMENTAL AGREEMENT
FOR
TRANSPORTATION SERVICES
This Agreement (the "Agreement"), dated to be effective October 1, 2001, is by and
between Beaver Creek Metropolitan District, a quasi-municipal corporation and political
subdivision of the State of Colorado ("District") and the Town of Avon, a municipal
corporation of the State of Colorado ("TOA").
RECITALS
WHEREAS, prior to January 1, 1999, the Beaver Creek Resort Company of Colorado
("BCRC") provided various transportation services to an area within unincorporated Eagle
County, Colorado commonly known as the Beaver Creek Subdivision ("Beaver Creek"); and
WHEREAS, in furtherance of its transportation service function, BCRC, on October
1, 1995, entered into an Agreement with the Town of Avon, Colorado (the "Avon
Agreement") whereby TOA agreed to operate a bus system known as the "Parking Lot
Transit Systems";
WHEREAS, by agreement dated January 1, 1999 between BCRC and District, BCRC
transferred and assigned to District its transportation service function, responsibilities, and
contracts including but not limited to the Avon Agreement (reserving however, all
advertising revenues under the Avon Agreement); and
WHEREAS, the Avon Agreement expired on September 30, 2001; and
WHEREAS, effective as of the date set forth above and for the purpose of replacing
the expired Avon Agreement, the District and TOA desire to enter into this Agreement
whereby TOA agrees to continue the operation of a transportation system known as the "Free
Parking Lot Service" as well as various charter and special event services as described herein
(collectively, the "System") upon terms and conditions similar in many respects to those
contained in the Avon Agreement but modified to accommodate the passage of time and the
changed circumstances of the parties hereto; and
WHEREAS, TOA hereby represents that it is qualified in the field of public
transportation and is fully willing and able to satisfy the requirements of this Agreement at
the cost specified herein and within the level of service and operating quality desired by
District and represented by TOA; and
BvrCrkMetro W greements
IGAI-29-02.doc
WHEREAS, District desires to engage TOA to operate and maintain the System
pursuant to the standards and specifications set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the covenants, conditions and agreements
set forth herein, TOA and District agree as follows:
TERM OF AGREEMENT.
(a) This Agreement shall commence on the effective date hereof and shall
expire on September 30, 2002 (the "Initial Term"), unless sooner terminated or extended as
provided herein.
(b) Unless this Agreement is terminated pursuant to Section 9 or Section
11(a) hereof, the Initial Term of this Agreement shall be automatically extended for five (5)
separate and successive periods of one (1) year (the " Extension Period"), commencing the
day immediately following the expiration of the Initial Term and ending on September 30,
of each year extended. During, all of the terms, covenants and conditions of this Agreement
shall be and remain in full force and effect.
(c) For the purposes of this Agreement, the Initial Term and the Extension
Period shall hereinafter be referred to as the Term of the Agreement.
2. SCOPE OF BUS SERVICES. During the Term of this Agreement TOA shall
operate and maintain the System in a safe and proper manner and shall provide certain
services, including but not limited to the following (the "Services"):
(a) ' Scheduled Bus Service. TOA shall provide bus service within the
Beaver Creek Subdivision as described below. All services described in this subsection (a)
shall be free of charge to all riders and TOA shall not collect any fare from such riders.
District reserves the right to change the service level requirements of the bus service
described in this subsection (a) at any time and from time to time upon giving TOA written
notice of any required change, subject nonetheless to availability of necessary vehicles,
personnel and equipment.
(i) Parking Lots -- Serving Tames Employee Housing, West
Parking Lot, River Edge Employee Housing, East Parking Lot and the Covered Bridge Bus
Stop. This service shall be provided at all times the mountain facility is open for skiing. The
intervals of service shall be as follows: Every ten (10) minutes from 6:00 a.m. to 8:00 a.m.,
every seven (7) minutes from 8:00 a.m. to 11:00 a.m., every ten (10) minutes from 11:00 a.m.
2 BvrCrkMetro\Agreements
IGAl-29-02.doc
to 2:30 p.m., every five (5) minutes from 2:30 p.m. to 5:30 p.m., every ten (10) minutes from
5:30 p.m. to 12:00 a.m., every twenty (20) minutes from 12:00 a.m. to 2:30 a.m. It is
understood and agreed that these are minimum required frequencies and that actual bus
schedules may vary, but under no circumstances shall the amount of service hours per year
exceed the amount set forth in this Agreement. TOA shall have the right to augment service
levels as TOA determines appropriate during periods of peak demand on the System.
During those times when the mountain facility is closed for
skiing, (i.e., the summer season), the minimum level of service at each stop shall be as
follows: every twenty (20) minutes from 6:00 a.m. to 2:30 a.m. It is understood that these
are minimum required frequencies and actual bus schedules may vary not to exceed the
agreed amount of service hours per year.
(ii) Special Events - Special event hours are not predetermined.
TOA is required to provide "special event" service when requested by District or its assigned
representative upon reasonable notice. Additional costs, if any, shall be reflected in the
monthly billings from TOA to District'.
(iii) Americans With Disabilities Act compliance shall be observed by
TOA. TOA shall maintain and operate the vehicles so as to comply with all state and federal
statutes and rules and regulations. Any costs associated therewith shall be additional costs.
to be compensated by District under Paragraph 7 of this Agreement.
(b) Charter Bus Service. TOA may provide such charter bus service as
it may decide at its own option using any vehicles and equipment as described in this
Agreement, provided that such service does not adversely affect TOA's ability to provide
those services described in Section 2(a) above or the cost thereof to District. All revenues
derived by TOA in operating a charter bus service shall be the sole property of TOA.
(c) . Maximum Service Hours. In the performance of Services hereunder
TOA commits to use its best efforts to provide the maximum number of service hours during
each one year period of this Agreement as agreed to in advance by the parties during April
of each year. The parties, however, understand that TOA may not achieve the maximum
agreed upon due to circumstances beyond its control including staffing problems.
3. OBLIGATIONS OF DISTRICT. District shall provide TOA with the
following to be used in the operation of the System:
(a) Vehicles and Equipment. For purposes of this Agreement, the District
shall provide vehicle two-way radios used in connection with the operation of the System
(hereinafter collectively referred to as the "Equipment") and the vehicles listed on Exhibit
"A" attached hereto and incorporated herein by reference (the "Vehicles"). The parties
acknowledge that the Vehicles and Equipment are subject to Section 5 hereof.
3 BvrCrkMetro\Agreements
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(b) Advertising. District may arrange for advertising in the Vehicles and
District shall be entitled to all revenues derived therefrom. TOA understands and agrees that
it shall not advertise on the Vehicles without the prior written consent of District.
(c) System Policy and Standards. District shall establish a System
Policy, including the adoption of plans and objectives and performance measures for the
System and shall determine standard levels of service in the operation of the System. TOA
shall comply with such System Policy, and shall notify District of any noncompliance of
which TOA becomes aware. By way of explanation and not limitation the System Policy
established by District shall include the following Service Guidelines:
Drivers must be in uniform (approved by District or assigned
representative) at all times while visible to guests.
Drivers may not smoke at any time while visible to guests.
Drivers must greet/farewell each guest that passes within five feet.
Notwithstanding the presence of "guest attendants" it is each
Driver's obligation and responsibility to help each guest load and
unload his or her skis and related equipment and to make sure that
the ski rack doors are closed and that all guests are clear before
pulling the bus away from any stop.
_ Drivers must announce.each stop upon departure and arrival.
Drivers must announce the next stop upon departure.
The interior and exterior of all vehicles must be clean.
4. OBLIGATIONS OF TOA. Notwithstanding any provision of this Agreement
to the contrary, TOA shall provide the following, among other things, in connection with the
operation of the System, during the Term of this Agreement:
(a) Licenses, Rules and Regulations.
(i) TOA shall acquire all required licenses and approvals to operate
all or any portion of the System from any state or federal agency, including without
limitation, a license from the State of Colorado Public Utilities Commission to operate as a
contractor; and
(ii) TOA shall comply with all laws, rules and regulations relating
to the operation and maintenance of the System, whether such rules and regulations are of
federal, state or local origination, including but not limited to the District.
(b) Maintenance. TOA shall appropriately care for all real and personal
property and equipment provided by District. TOA shall maintain all Vehicles used in the
4 BvrCAMetro\Agreements
IGAI-29-02.doc
operation of the System in good order and repair and shall at all times ensure that the
operating capability of the Vehicles is in compliance with TOA's standards, District's
standards, the System Policy, the rules and regulations of the State of Colorado Public
Utilities Commission and all other applicable laws, rules and regulations. Such maintenance
shall include, but shall not be limited to, the following:
(i) Regular and systematic preventative maintenance programs,
servicing, cleaning, inspection and repair of the Vehicles;
(ii) Prompt repair or replacement of any part or parts of any
Vehicles which become wom or otherwise defective, damaged, or broken with prior written
Permission from District for any necessary modifications or enhancements to the Vehicles;
and
(iii) Furnishing of all labor, materials and tools necessary to service
and maintain the Vehicles in accordance with the aforementioned standards, rules and
regulations.
(c) Personnel.
(i) TOA shall furnish and be responsible for all personnel, including
but not limited to, supervisory personnel, drivers, dispatchers, road supervisors, mechanics,
maintenance workers and office personnel necessary to effectively operate the System (the
"Personnel"). TOA shall be responsible for the:
(A) Recruiting, hiring and supervision of all Personnel;
(B) Licensing as required by law of all Personnel who
operate any of the Vehicles; and
(C) Provision of all necessary employee training and
management for the operation fo the System. TOA agrees that only properly trained,
competent and qualified drivers, holding currently valid Colorado licenses in such
classifications as required by the State of Colorado for such drivers, and Colorado
Department of Transportation's health cards, shall be employed as drivers by TOA and that
such drivers shall be familiar with and obey all laws, ordinances and regulations relating to
the operation of motor vehicles.
(ii) TOA shall have complete control and supervision over the
employment of all Personnel required to operate the System, including but not limited to,
their benefits, compensation and discharge.
(iii) TOA shall be responsible for all System employees; however,
District may advise TOA of any employee's inadequate performance which has had a
negative effect on the Services being provided and TOA shall take prompt action to remedy
5 BvrCrkMetro\Agreements
IGAI-29-02.doc
the situation. TOA shall provide District with copies of TOA's employment polices and
employee handbook.
(iv) TOA shall provide appropriate uniforms for Personnel, including
uniforms for System bus drivers. TOA shall ensure that all employees are properly attired
in TOA uniform when operating District vehicles or otherwise providing the Service.
(d) Bookkeeping and Office Management.
(i) TOA shall provide bookkeeping, accounting and accounting
records and office management for the System;
(ii) TOA shall prepare and retain all necessary System records and
documents in accordance with federal and state guidelines;
(iii) TOA shall prepare, maintain and provide all reports necessary
for the proper management of the System as agreed upon by both parties;
(iv) TOA shall prepare, control and maintain all payroll records for
System employees; and
(v) TOA shall respond, within 72 hours, to all written requests from
District for information or action.
(e) Payment. TOA shall promptly pay all costs and expenses incurred in
connection with the System and not allow any liens to be attached and/or filed against any
of the Vehicles or Equipment.
(f) Reporting of Incidents. In the event of an incident involving any of
the Vehicles, TOA shall immediately notify District of such incident, file an accident report
with the appropriate governmental authority, notify the appropriate insurance carrier in
accordance with the policy of insurance and forward a copy of the accident report to District.
(g) Type of Buses Used. District shall have the right to specify whether
TOA shall utilize diesel or gasoline powered buses in providing Services hereunder. TOA
shall promptly respond and comply with any reasonable request by District to TOA that TOA
switch from one type of fuel powered bus to another type of fuel powered bus subject to the
availability of that type of bus. The parties recognize that the District's right to switch from
diesel powered buses to gasoline powered buses and vice versa is an important component
of this Agreement.
(h) Other.
6 BvrCrkMetro\Agreements
IGAI-29-02.doc
(i) Except as provided by District in accordance with Section 3,
TOA shall provide and maintain all accessory equipment,warehouses, maintenance facilities
and office equipment necessary to provide the Services enumerated herein; and
(ii) TOA shall provide all other functions normally required in the
operation of the System; and
(iii) District agrees to the extent permitted by law and subject to the
immunities, defenses and protections afforded under the Colorado Governmental Immunity
Act, Section 24-10-101 et seq., C.R.S., to indemnify, defend and hold harmless TOA, its
respective agents, officers and employees of and from any and all loss, cost, damage, injury,
liability, claims, liens, demands, action and causes of action whatsoever, including
reasonable attorneys fees arising out of the indemnifying parties intentional or negligent acts,
errors, omissions, or those of its agents, officers, servants and employees.
In consideration for District's indemnification, TOA agrees to
to the extent permitted by law and subject to the immunities, defenses and protections
afforded under the Colorado Governmental Immunity Act, §24-10-101 et seq., C.R.S., to
indemnify, defend and hold harmless District, its respective agents, officers, and employees
of and from any or all loss, cost, damage, injury, liability, claims, liens, demands, action and
causes of action whatsoever, including reasonable attorneys fees arising out of the
indemnifying parties' intentional or negligent acts, errors, omissions, or those of its agents,
officers, servants and employees.
(iv.) Except with respect to the obligations of (iii) hereof, the liability
of TOA hereunder shall be limited to the provision of services, and District shall have no
claim to special, incidental, consequential, indirect or tort damages for the breach hereof.
5. CONDITION OF VEHICLES AND EQUIPMENT.
(a) Vehicles. The Vehicles shall:
(i) Be inspected by TOA prior to commencement of 'this
Agreement; thereafter, TOA shall present District with a written list of repairs necessary for
the Vehicles to be in operable condition;
(ii) Be inspected by District at least forty (40) days prior to the
termination of the Agreement; thereafter, District shall present to TOA a written list of
repairs no later than thirty (30) days prior to the termination of this Agreement. In the event
that repairs are necessary, TOA shall have thirty (30) days from receipt of District's list of
repairs to effect such repairs and return the Vehicles to District; and
7 avrcrkMctro\Agreements
IGAI-29-02.doc
(iii) Be returned by TOA to District in the same condition as
received, ordinary wear and tear excepted.
(b) Equipment. The Equipment shall be delivered to TOA in its "as is"
condition. Upon termination of this Agreement, TOA shall return all of the Equipment to
District in the same condition as it was received, ordinary wear and tear excepted. TOA shall
be responsible for the replacement, at no cost to District, of any item of Equipment that is not
returned to District, whether from loss, theft or failure to replace such Equipment.
6. COMPENSATION, INVOICING, PAYMENT AND RECONCILIATION.
(a) Compensation. District shall compensate TOA each month, as
invoiced by TOA and accepted by District, in accordance with an annual expense budget
prepared by TOA and approved by District. Such budget shall be submitted by TOA to
District by August 31 of each year and District shall aprpove same, with any items as
changed pursuant to negotiation between the parties, by September 30 next following
submittal of the budget. Said budget shall be deemed approved if no objection is received
by TOA by September 30. Said budget will include the extimated expense of operating the
entire System. District shall pay that portion of the entire System's budgeted costs equal to
its share of the total labor service hours devoted to the System as determined and estimated
by TOA.
(i) Said budget shall include the fixed costs for operation of the
System during the budget year, which expense shall be paid in equal monthly installments.
(ii) From time to time, costs will arise that vary depending on the
extent of the operation of the System and that are not otherwise included as a fixed expense.
These variable costs will be determined on a monthly. basis and billed to District on a
proportionate basis on variable hourly rates determined by the said budget multiplied by the
monthly labor service hours. District shall pay monthly its proportionate share of such
additional variable costs when billed to it.
(iii) From time to time, costs will arise that are not included in the
above-described fixed or variable costs, including but not limited to, such non-recurring costs
as outside repair of vehicles or equipment, motor replacement refurbishing of vehicles, and
painting of vehicles. TOA shall not incur such costs unless it receives prior approval from
District. However, no such prior approval shall be necessary with regard to any costs arising
from an emergency which requires that the costs be incurred in order to operate the vehicle
or equipment. District shall pay such costs when billed to it.
(b) Invoicing.
8 BvrCrkMetroW,greements
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(i) On the tenth day of each month during the Term of this
Agreement, TOA shall submit an invoice for payment to District on a monthly basis to the
address shown below:
Beaver Creek Metro District
c/o Robinson & Marchetti
28 Second St., #213
Edwards, CO 81632
Attn: Kenneth J. Marchetti
Payment shall be made by District to TOA within thirty (30) days after receipt and
acceptance of a proper invoice. District shall submit payment to TOA by means of a check
made payable to TOA and sent first-class mail to:
Town of Avon
PO Box 1726
Avon, CO 81620
Attn: Mr. Harry Taylor
(ii) TOA shall account for the operation of each of the System
Services in a separate line item.on a weekly basis and shall retain such weekly accounting
records for one year. Such monthly invoice shall include the total number of hours of
operation of the System for the preceding month compared to budgeted hours. All backup
documentation required to substantiate the hours of operation, including but not limited to,
operator trip sheets and time cards for all Vehicle drivers, shall be available for District's
review upon request.
(c) Reconciliation. In the event actual variable expenses for any month
differ from the amount estimated by TOA on the first day of the month, District shall be
credited or charged for the overpayment or underpayment, as the case may be, in the
following month's invoice. Furthermore, a reconciliation of the entire compensation scheme,
including an accounting and pro rata apportionment of actual fixed costs, shall be completed
by the parties annually, such reconciliation commencing on the date of TOA's annual
internal audit.
(d) Obligations to Constitute Current Obligations of District and TOA.
Notwithstanding any other provision contained in this Agreement to the contrary, District
and TOA acknowledge and agree that all obligations of District and TOA under this
Agreement, including but not limited to the payment of the compensation set forth in this
Paragraph 6 are subject to annual budget and appropriation by District and TOA. District's
and TOA's obligations under this Agreement shall be from year to year only and shall not
constitute a multi-fiscal year debt or indirect debt or other obligation of the District or TOA
or an obligation of the District or TOA payable or to be fulfilled in any fiscal year beyond
9 BvrCrkMetro\AF=ments
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the fiscal year for which funds are budgeted and appropriated for the payment or funding
thereof, or payable or funded from any funds of District or TOA other than funds budgeted
and appropriated for the payment of current expenditures. In the event nonappropriation by
District occurs, however, District shall be liable for all compensation payable to TOA and
allocable to any period during which the District shall continue to receive or has received
services from TOA under this Agreement.
7. AUDIT AND INSPECTION OF RECORDS. District or its authorized
representative, shall be afforded access to TOA's records, books, inventory and supportive
documents and similar data relating to the Services and operation of the System (the
"Records"), and TOA shall preserve all such Records for a period of three (3) years after the
termination of this Agreement. In the event District shall determine there has been error on
the part of TOA, District may cause an audit to be made (the cost of such audit to be borne
by the parties pro rata, on the same ratio as the fixed expenses were last prorated immediately
prior to the said Audit). If such audit shall determine that there has been an error in the
accounting, and such error results in a deficiency in the payment of the compensation due,
then District shall immediately pay TOA such deficient amount of compensation plus TOA's
share of the audit expense paid by TOA. If such audit shall determine that there has been an
error in the accounting, and such error results in an overpayment of compensation paid, then
TOA shall immediately reimburse District the amount of compensation determined to be
overpaid plus District's share of the audit expense paid by District.
8. INSURANCE. The parties agree to each acquire and maintain appropriate
insurance coverage for their respective operations under this Agreement as more particularly
described in "Insurance Requirements", attached hereto as Exhibit "B" an by this reference
made a part hereof.
9. TERMINATION. Except as provided herein, either party may terminate this
Agreement with or without cause, by giving the other party at least sixty (60) days prior
written notice. In the event of such termination, TOA shall be paid its costs, including but
not limited to, payment for all services performed up to and including the date of termination
and un-reimbursed Fixed Costs. All of the foregoing costs shall be determined on a pro rata
basis allocated as the date of termination. Upon termination of this Agreement, TOA shall
take immediate action to discontinue the Services and operations in an orderly manner.
If this Agreement is terminated by either party, District shall continue to make
payments to TOA, subsequent to such termination until the obligations are satisfied or
released, equal to all obligations of TOA incurred pursuant to this Agreement and due to
others, which continue after the date of such termination.
10. DEFAULT AND FORCE MAJEURE.
(a) Default. If either party:
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10 IGAI-29-02.doc
(i) fails to perform in accordance with the terms, covenants and
conditions of this Agreement or is otherwise in default of any of the terms of this Agreement;
or
(ii) files involuntary petition in bankruptcy or is declared bankrupt
or makes a general assignment for the benefit of its creditors, or is placed under a general
receivership, that party shall be deemed to be in default under this Agreement and the other
parry, after giving ten (10) days prior written notice to the other party of the alleged default,
and upon said defaulting parry's failure to cure such breach or to reasonably commence to
cure such breach within said ten (10) days, the non-defaulting party shall have the rights set
forth under Section 11 hereof.
(b) Force Maieure. In the event TOA is unable to perform any of the
services required hereunder because of acts of God, outbreak of war, earthquake, fuel
embargo, or similar events beyond the control of TOA, excluding normal weather conditions,
then TOA's obligation to perform the Services under this Agreement shall be suspended
during that period of time that such condition exists.
11. REMEDIES In the event that either parry defaults under this Agreement, as
set forth in Section 10 above, the other party shall have the following rights and remedies
(but in no case the obligation), in addition to all other remedies available to it at law or in
equity, and none of the following, whether or not exercised by the non-defaulting party, shall
preclude the exercise of any other right or remedy whether herein set forth or existing at law
or in equity.
(a) Termination. The non-defaulting party shall have the right to
terminate this Agreement by giving notice in writing to the defaulting party, subject to the
right to cure, pursuant to Section 10 hereof.
(b) Legal Action. The non-defaulting party shall have the right to enforce
this Agreement in a court of competent jurisdiction or seek such other equitable relief as may
be appropriate, including but not limited to, temporary restraining orders and injunctions.
(c) Reimbursement. In connection with the enforcement of any or all of
the remedies set forth herein, the party found to be in default agrees to reimburse the other
party for all of its reasonable attorney fees and related expenses.
12. ASSIGNMENT AND SUBCONTRACTING. Neither District nor TOA
shall assign, delegate or transfer its duties under this Agreement without the prior written
consent of the other party. TOA shall not enter into any transportation service subcontract
hereunder without prior written consent of District. Nothing herein contained however shall
preclude TOA from subcontracting for repair and maintenance services as needed on the
vehicles.
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13. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12, the
terms of this Agreement shall be binding on the successors and assigns of either party.
14. COMPLIANCE WITH LAW/SAFETY PROGRAM. TOA hereby
warrants that:
(a) Standards. It will utilize the highest professional standards in
providing its Services;
(b) Compliance. It will comply with all applicable laws, ordinances, rules
and regulations, whether federal, state, local or otherwise affecting its Services; and
(c) Safety. It will be responsible for its own safety program and
compliance with all applicable Occupational Safety and Health Administration regulations.
15. NOTICES. Any statement, notice, demand or communication which either
party may desire or be required to give to the other party shall be in writing and shall be
deemed sufficiently given or rendered if delivered personally or sent by first-class United
States mail, postage prepaid, addressed as follows:
If to District: Beaver Creek Metropolitan District
c/o Robinson & Marchetti
28 Second St., #213
Edwards, CO 81632
Attn: Mr. Kenneth Marchetti
With a copy to: James P. Collins
Collins Cockrel & Cole
390 Union Blvd., Suite 400
Denver, CO 80228
If to TOA: Town of Avon
PO Box 1726
Avon, CO 81620
Attn: Mr. Harry Taylor
With a copy to: John W. Dunn
Dunn & Abplanalp, P.C.
108 South Frontage Road West, Suite 300
Vail, CO 81657
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Either party shall have the right to designate in writing, served as provided above, a
different address to which any notice, demand or communication is to be mailed.
16. EQUAL EMPLOYMENT; AFFIRMATIVE ACTION. TOA shall not
discriminate against any employee or applicant because of race, color, religion, sex, age or
national origin. TOA shall take affirmative action to ensure that applicants are employed,
and that employees are treated during their employment without regard to their race, color,
religion, sex, age or national origin. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination, rates of pay, or other forms of compensation; and selection
for training, including apprenticeship. TOA agrees to post in conspicuous places available
to employees and applicants for employment notices setting forth the provisions of this
Section 16.
17. MISCELLANEOUS.
(a) Validi If any clause or provision of this Agreement shall be held to
be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof,
shall nevertheless be and remain in full force and effect.
(b) Changes. No amendment, alteration, modification of or addition to this
Agreement shall be valid or binding unless expressed in writing and signed by the parties to
be bound thereby.
(c) Captions. The captions of each section are added as a matter of
convenience only and shall be considered of no effect in the construction of any provision
of this Agreement.
(d) Legal Payments. If any party hereto shall bring any suit or action
against another for relief, declaratory or otherwise, arising out of this Agreement, the
prevailing party shall have an recover against the other party, in addition to all court costs
and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
(e) Warranties, Provisions and Rights. Any and all warranties,
provisions, rights and obligations of the parties herein described and agreed to be performed
subsequent to the termination of this Agreement shall survive the termination of this
Agreement.
(f) Timeliness. Time is of the essence with respect to the performance of
each of the covenants and agreements herein set forth.
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(g) Operating Procedures. The operation of the System under this
Agreement shall be governed by the Policies and Procedures in TOA's Personnel Manual to
the extent the same do not conflict with the terms, covenants and conditions of this
Agreement. In the event of a conflict between TOA's Personnel manual and this Agreement,
this Agreement shall control.
(h) Governing Law. This Agreement is governed by and must be
construed under the laws of the State of Colorado.
(i) Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one agreement.
0) Facsimile Copies. This Agreement and all documents to be executed
and delivered hereunder may be delivered in the form of a facsimile copy, subsequently
confirmed by delivery of the originally executed document.
(k) Entire Agreement. This Agreement constitutes the entire agreement
between District and TOA concerning the subject matter of this Agreement. This Agreement
may not be amended or modified orally, but only by a written agreement executed by District
and TOA and designated as an amendment or modification of this Agreement.
IN WITNESS WIEREOF, the parties hereto have executed this Agreement as of the
respective dates set forth below to become effective as of the date first written above.
Date: won'.
BEAVER CREEK METROPOLITAN DISTRICT
Y4171 Aresiden
ATTEST:
By:
e retary ce?6?-
Date: kfi? JL1 ZODt.
14 BvcCrkMetroWgreements
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TOWN OF AVON, a municipal corporation
Attest:
By:
Town Clerk
By:
is
Mayor
svtCAMetro\Agreements
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EXHIBIT "A"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
October 1, 2001)
Beaver Creek Parking Lot Bus Service
Fleet List
Unit# Year Make Type Vin# Plate#
839 1996 GILLIG BUS 15GCD2010T1087492 EMD9848
840 1996 GILLIG BUS 15GCD2012T1087493 EMD9847
841 1996 GILLIG BUS 15GCD2014T1087494 EMD9846
842 1996 GILLIG BUS 15GCD2016T1087495 EMD9845
843 1996 GILLIG BUS 15GCD2018T1087495 EMD9844
844 1996 GILLIG BUS 15GCD201XT1087497 EMD9849
845 1996 GILLIG BUS 15GCD2011T1087498 EMD9850
846 1996 GILLIG BUS 15GCD2013T1087499 EMD9851
847 1996 GILLIG BUS 15GCD2016T1087500 EMD9852
848 1996 GILLIG BUS 15GCD2018T1087501 EMD9853
812 2001 RYSTALCOAC MINIBUS 1FDAF56S51EA36484 596CNC
813 2001 RYSTALCOAC MINIBUS 1FDAF56S71EA36485 597CNC
* * * MINIBUS
* * * MINIBUS
* * * MINIBUS
* * * MRgIBUS
* * * MINIBUS
District shall provide to Avon a minimum of 10 diesel powered buses, 2 gasoline powered
mini buses, and 5 additional gasoline powered mini buses rotated from District's existing
transportation fleet. The 5 additional vehicles unit #, year, make, VIN #, and plate #'s will
vary from time to time within the term of this Agreement.
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* Will vary from time to time
17
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EXHIBIT "B"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
October 1, 2001)
Insurance Requirements
1. TOA's Insurance. TOA shall carry and pay the premiums for insurance of the types
and with limits of liability not less than stated below. Such insurance shall be maintained
in effect during the entire term of this Agreement.
(a) Comprehensive general liability insurance in a claims made format
all e6ntents of premises used by TO A, maintenance of Vehicles by TOA and operations
provided by TOA in performance of this Agreement with limits of liability of not less than
$150,000 1,000,000 per per-se occurrence /$690;900 2,000,000 per- eeeuffe aggregate,
and providing, to the extent possible under a claims made format, continuous coverage for
that period of time following the expiration or termination of this Agreement which is
necessary under applicable laws (whether statutes of limitation, governmental immunity laws
or otherwise) to ensure valid outstanding claims will be covered under such policy. Such
liability insurance shall also include coverage for personal injury, contractual liability and
premises operations. District shall be named as additional insured on any above-referenced
policies.
(b) Vehicle liability insurance covering all Vehicles listed on Exhibit "A" hereof
and used in connection with the Services performed under this Agreement with limits of
liability of not less than $1,000,000 per occurrence /$2,000,000 aggregate. Coverage will
also include medical payments, collision and comprehensive physical damage coverage with
a $5,000 deductible. Deductible losses up to $5,000 shall be the responsibility of District.
District shall be named as additional insured and loss payee on this policy.
In the event of damage or destruction of any Vehicle or Vehicles provided by
District under this Agreement, District agrees that liability of TOA for said damage or
destruction shall be limited to the actual cash value of the Vehicle(s) at the time of the loss
or the cost to repair, whichever is less.
(c) Workers Compensation insurance covering all TOA's employees engaged in
performing the Services pursuant to this Agreement in accordance with the provisions of the
Workers Compensation Act (as amended) of the State of Colorado.
2. District Insurance. District shall carry and pay the premiums, during the entire Term
of this Agreement for vehicle liability insurance coverage on all Vehicles not listed on
Exhibit "A" herein and used in connection with the services with the limits of liability of not
18 BvrCrkMetro\Agreements
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less than $1,000,000 per occurrence ($2,000,000 aggregate combined single limits for bodily
injury and property damage). Coverage will also include uninsured motorists, medical
payments and collision and comprehensive physical damage coverage with a $1,000
deductible. Deductible losses.up to $1,000 shall be the responsibility of District. TOA shall
be named as additional named insured on this policy.
3. Certificates of Insurance. TOA and District shall each provide the other with
certificate(s) of insurance evidencing the policies listed above upon execution of this
Agreement.
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager -)D Z-
-From: Norman Wood, Town Engineer///,/
Anne Martens, Assistant Town Engineer
Date: 5/6/2002
Re: Resolution No. 02 - 23, Approving the Final Plat, A Resubdivision of Lot 75, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado (5601A and 5061 B Wildridge
Road East)
Summary: HJB Development, LLC, owner of Lot 75, Block 4, Wildridge, has submitted a
Final Plat to resubdivide Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado.
This is a Duplex Subdivision of a developed lot, creating Duplex lots 75A and 75B. The
Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 02 - 23, Series
of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 75, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
C c?J c?
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\L75B4WR.doc
TOWN OF AVON
RESOLUTION NO. 02 - 23
Series of 2002
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 75,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, HJB Development, LLC has submitted a Final Plat for a Resubdivision of Lot 75,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 75, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny
Town Clerk
C:\Documents and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L75B4WRres0223.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ??- -
From: Norman Wood, Town Engineer r N
Anne Martens, Assistant Town Engineer
Date: 5/7/02
Re: Resolution No. 02 - 24, Approving the Final Plat, A Resubdivision of Lot 69, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado
(2421 A & 2421 B Saddleridge Loop)
Summary: Michael Dantas, owner of Lot 69, Block 1, Wildridge, has submitted a Final Plat
to resubdivide Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex Lot 69A and Lot 69B. The
Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 02 - 24, Series
of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 69, Block 1, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\L69B1WR.doc
TOWN OF AVON
RESOLUTION NO. 02 - 24
Series of 2002
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 69,
BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Michael Dantas has submitted a Final Plat for a Resubdivision of Lot 69, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 69, Block 1, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny
Town Clerk
CADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L69B1 WRres0224.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager r ' i- -
From: Ruth Borne, Director of Community Development
Date May 9, 2002
Re: Resolution 02-25 A Resolution Accepting All Title and Interest in Lot
38, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas
PUD), Town of Avon, Colorado
Discussion
On October 23, 2001 Council approved the Barrancas PUD (Ordinance 01-12), which
required the owner, Tanavon Corporation, convey Lot 38, Block 1, Benchmark at Beaver
Creek Subdivision (BMBC) to the Town as designated open space. Tanavon has executed
a quitclaim deed conveying all title and interest in Lot 38, Block 1, BMBC to the Town of
Avon.
Recommendation
Staff recommends the Council accept Lot 38, Block 1, Benchmark at Beaver Creek
Subdivision as designated open space in compliance with the terms and condition of the
Barrancas PUD.
Proposed Motion
"I move to approve Resolution 02-25 A Resolution Accepting All Title and Interest to Lot 38,
Block 1, Benchmark at Beaver Creek Subdivision (Barrancas PUD)."
Town Manager Comments
Attachments:
Resolution 02-25
Draft Quit Claim Deed to Lot 38, Block 1, Benchmark at Beaver Creek Subdivision
(Barrancas PUD) - original will be provided at meeting
Memo to Town Council, May 14, 2002 Page 1 of 1
Resolution 02-25 - Lot 38, Barrancas PUD
TOWN OF AVON
RESOLUTION NO. 02-25
SERIES OF 2002
A RESOLUTION ACCEPTING ALL TITLE AND INTEREST IN LOT 38,
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION
(BARRANCAS PUD), TOWN OF AVON, COLORADO
WHEREAS, the PUD for Barrancas required the Owner, Tanavon Corporation to convey
Lot 38 Block 1, Benchmark at Beaver Creek Subdivision to the Town of Avon as
designated open space; and
WHEREAS, Tanavon Corporation has prepared a Quit Claim deed conveying all right, title,
and interest to the Barrancas PUD, Lot 38, Block 1, Benchmark at Beaver Creek
Subdivision which is attached hereto and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Town of Avon hereby accepts all title and interest to Lot 38, Block 1, Benchmark at Beaver
Creek Subdivision (Barrancas PUD) as designated "Open Space".
ADOPTED THIS 14TH DAY OF MAY, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Town Clerk
May 09 02 09:50a Fieldstone Development LL 970-476-8293 p.2
QUIT CLAIM DEED
THIS DEED, Made this day of May, 2002, between Tanavon Corporation, a Colorado
corporation of the County of Eagle and State of Colorado, grantor, and Town of Avon, a
Colorado home rule Municipality whose legal address is 400 Benchmark Road Avon,
Colorado 81620 of the County of Eagle and State of Colorado, grantee:
WITNESSETH, that the grantor for and in consideration of the sum of Ten dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these
presents, does remise, release, sell, convey and Quit Claim unto the grantee, its successors
and assigns, forever, the right, title, interest, claim and demand which the grantor has in and to
the real property, together with improvements, if any, situate, lying and being in the County of
Eagle and State of Colorado described as follows:
Barrancas PUD
Lot 38, Block 1
Benchmark at Beaver Creek Subdivision,
Town of Avon
Also known by street and number as: 471 Metcalf Road, Avon, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances and
privileges thereunto belonging or in anywise appertaining, and all the estate, right, title, interest
and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and
behoof of the grantee and its assigns forever. The singular number shall include the plural and
the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Tanavon Corporation,
a Colorado corporation
By:
Oscar L. Tang, President
State of Colorado )
)ss.
County of Eagle )
The foregoing instrument was acknowledged before me this day of May, 2002, by Oscar
L. Tang as President of Tanavon Corporation, a Colorado corporation.
My commission expires: . Witness my hand and official seal.
Notary Public
AVO N
C O L O R A D O
TomofAwn
P.O. Bcoc975
400 BaxhiwkPcad
Awn, Cdaado 81620
970-748-4005
Office of the Assistant Town Manager
To: Honorable Mayor and Town C uncil
Thru: Bill Efting, Town Manager?-
From: Larry Brooks, Assistant Town Managey
Date: May 9, 2002
Re: The Village (at Avon) Filing 2 Subdivision Improvements Agreement
(Buffalo Ridge Affordable Housing Project)
Summary:
The Town Council recently approved the Final Plat and Subdivision Improvements
Agreement by passage of Resolution 02-20. The amount of the security for the public
improvements related to this project was set at $2,440,635.00, based on engineers
estimates at the time. Since that action was taken, the actual bid has been received for the
work that is lower than was estimated by $224,484.00. The actual bid is $2,216,151.00.
The Town is being asked to lower the required security for the project to match the actual
bid submitted to complete the work. In an age of ever increasing costs, it is rare that we
have the opportunity to actually reduce development costs. We have reviewed the bids and
believe it appropriate to reduce the required security commensurately.
Recommendations:
Approve Resolution 02-26, Series of 2002, A resolution Amending Exhibit B of the
Subdivision Improvements Agreement for The Village (at Avon), Filing 2, Town of Avon,
Eagle County, Colorado.
Town Manager Comments:
TOWN OF AVON
RESOLUTION NO. 02-26
Series of 2002
A RESOLUTION AMENDING EXHIBIT B OF THE
SUBDIVISION IMPROVEMENTS AGREEMENT FOR
THE VILLAGE (at AVON) FILING 2, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit
corporation, Buffalo Ridge II LLLP and Traer Creek LLC, the owner of the applicable
portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements
Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado for
approval in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, the Town Council approved these documents through action taken
by Resolution 02-20 on April 23, 2002; and
WHEREAS, the cost of public improvements related to the project has been
reduced as the result of actual bids received for the project; and
WHEREAS, the Town of Avon desires to receive only the amount needed to
provide the necessary security for the public improvements
WHEREAS, the attached Exhibit B to the Subdivision Improvements Agreement
provides security for the construction of the public improvements required for
development of The Village (at Avon) Filing 2 Subdivision as required by Section
16.24.100 of the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
attached Exhibit B is approved and shall be substituted for the Exhibit B previously
approved through resolution 02-20 as part of the Subdivision Improvements Agreement
for The Village (at Avon) Filing 2.
ADOPTED THIS DAY OF May 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny
Town Clerk
Village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B
Wintergreen Homes
11:48 AM 5/9/2002
SIA budget / Sheet2
Unit
Item Description Quantity Unit Cost Extension Subtotal
1 General
1.1 Mobilization 1 LS 14,000.00 $14,000
subtotal $14,000
2 Demolition
2.1 Fence & barricade removal 1 LS 4,753.00 $4,753
subtotal $4,753
3 Earthwork
3.1 Clear & Grub 11150 CY 1.47 $16,391
3.2 Topsoil - replace 2000 CY 7.50 $15,000
3.3 Excavation 58548 CY 0.74 $43,033
3.4 Embankment 72254 CY 0.56 $40,180
subtotal $114,604
4 Road Construction
4.1 Subgrade prep. 13430 SY 1.30 $17,459
4.2 Bike path subgrade prep. 4205 SY 1.30 $5,467
4.3 Class 6 road base
a 10" 8047 Tons 13.09 $105,300
d Bike path 1245 Tons 16.06 $20,000
4.4 Asphaltic concrete
a 4" 3428 Tons 36.07 $123,653
c 3" bike path 520 Tons 45.38 $23,598
4.5 Guardrail 2171 LF 13.35 $28,987
4.6 Guardrail anchorage 8 EA 1,000.00 $8,000
4.7 Trailhead parking (included in asphalt 0 LS 0.00 $0
4.8 Striping 1 LS 17,000.00 $17,000
4.9 Signs 11 EA 1,200.00 $13,200
4.11 Sidewalk (incl prep) 10026 SF 6.98 $70,000
4.12 Bus stop concrete paving 5452 SF 6.60 $35,965
subtotal $468,629
5 Drainage & Debris Mitigation
5.1 Pond excavation 32942 CY 0.91 $30,000
5.2 Pond embankment 5504 CY 1.79 $9,860
5.3 18" HDPE 1233 LF 29.44 $36,301
5.4 18" RCP 94 LF 115.17 $10,826
5.5 30" HDPE 689 LF 69.45 $47,851
5.6 48" HDPE 379 LF 45.56 $17,268
5.7 60" HDPE 304 LF 101.28 $30,789
5.8 18" HDPE end section 31 EA 343.16 $10,638
5.9 30" HDPE end section 1 EA 350.00 $350
Village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B
Wintergreen Homes
11:48 AM 5/9/2002
SIA budget / Sheet2
Unit
Item Description Quantity Unit Cost Extension Subtotal
5.10 48" HDPE end section 2 EA 842.00 $1,684
5.11 Storm manholes 5 EA 3,060.60 $15,303
5.12 Inlets 6 EA 2,909.33 $17,456
5.13 Riprap 4688 Tons 9.48 $44,427
5.14 Concrete headwalls 2 EA 5,844.50 $11,689
5.15 Nottingham - Puder ditch
a 36" HDPE 843 LF 71.31 $60,114
b 6' manholes 5 EA 3,664.00 $18,320
c Slide gate 1 EA 1,000.00 $1,000
d R/R existing 36"end sections 2 EA 1,000.00 $2,000
e Tie to existing 24" RCP 1 EA 1,000.00 $1,000
5.21 Detention pond outlet structure 6 EA 5,407.67 $32,446
subtotal $399,322
6 Revegetation & Erosion Control
6.1 Erosion control 1 LS 2,671.00 $2,671
6.5 Silt fence 1 LS 9,562.00 $9,562
6.6 Seed & mulch 5 Acre 3,660.00 $18,300
subtotal $30,533
7 Utilities
7.1 Water Main
a 12" DIP 4096 LF 35.75 $146,432
b 12" bends 11 EA 7.45 $82
c Fire hydrant assembly 5 EA 3,815.80 $19,079
d 4" water service line 15 EA 2,031.93 $30,479
e Air vac/prv manhole 1 EA 3,650.00 $3,650
7.2 Sanitary Sewer Main
a 8" PVC 5200 LF 20.15 $104,762
b Manholes 18 EA 2,096.67 $37,740
c Sanitary service lines 15 EA 964.73 $14,471
subtotal $356,695
8 Retaining Walls
8.1 MSE walls 6289 SF 56.44 $354,935
8.2 Wall Excavation 4100 CY 10.03 $41,107
8.3 Wall backfill 2500 CY 8.22 $20,554
8.4 Boulder retaining wall 6289 SF 16.38 $103,034
subtotal $519;630
9 Booster Pump Station
9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000
9.2 Site electrical & concrete 1 EA 25,000.00 $25,000
Village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B
.................
subtotal
90 Construction Management
10.1 Insurance, bond & fee
Wintergreen Homes
11:48 AM 5/9/2002
SIA budget / Sheet2
Unit
$125,000
1 EA
9.00% $182,985
subtotal 1 $182,985