TC Council Packet 01-08-2008TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 8, 2008 AVON
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
Amy PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: aJOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
a. Citizen and Public Input
b. Holiday Lighting Contest Awards (Ron Wolfe, Mayor)
5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
a. Public Hearing on Ordinance No. 07-18, Series of 2007, First Reading, An Ordinance
Approving A Planned Unit Development (PUD) Amendment Application For Lot C, Avon Center
At Beaver Creek Subdivision, Town Of Avon, Eagle County, Colorado. (Eric Heidemann,
Community Development Director) The Amendment Request Would Eliminate The 125 Room Hotel,
Increase The Number Of Time -Share Units, Lower The Amount Of Retail/Commercial Space, And
Relocate The Restaurant Space To Main Street. The Developed Portion Of The Project Includes 81 Two -
Bedroom Timeshare Units, 20 Employee -Housing Units, And Ground Level Office/Retail Space / This
item was continued from the 12/11/07 meeting; Staff update as to status of application and further request
to table application
6. ORDINANCES
7. RESOLUTIONS
a. Resolution No. 08-01, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of
Lot 6, Block 5, Wildridge, Town of Avon, Eagle County, Colorado (Shane Pegram, Engineer 1)
b. Resolution No. 08-02, Series of 2007, Resolution Approving Extension Of A Milestone Event
For Completion Of Construction Of The Gates, Formerly The Chateau St. Claire Planned Unit
Development (John Dunn, Town Attorney)
8. NEW BUSINESS
9. UNFINISHED / OLD BUSINESS
a. Victor Mark Donaldson Proposal for Town of Avon Recreation Center Remodel design and
construction documents (Shane Pegram, Engineer 1)
10. OTHER BUSINESS
Avon Council Meeting.08.01.08
Page 3 of 4
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 8, 2008 0, N
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
a. Acknowledge Oldcastle SW Group, Inc. dba B&B Excavating for work on the historic
waterwheel (Larry Brooks, Town Manager)
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS:
January 22, 2008: Ordinance No. 07-10 Village at Avon PUD Amendment (Second Reading & Public
Hearing), Public Hearing on new hotel and restaurant liquor license for Sheraton
Mountain Vista, Joint P&Z and Council meeting to review snowmelt and climate action
plans
15. CONSENT AGENDA
a. Minutes from December 11, 2007
b. Resolution No. 08-03, Resolution approving the locations for posting the notices of public
meetings (Patty McKenny, Director Admin Services)
c. Change Order 001, Eaglebend/Stonebridge Streetscape Project Final Quantities Adjustment
(Shane Pegram, Engineer 1)
d. Intermountain Engineering - Fee Proposal for redesign of Wildridge Road West to include a
pedestrian lane (Shane Pegram, Engineer 1)
e. Avon Station (Transportation Center) Change Order 01 (Jeff Schneider, Engineer 11)
f. Avon Station (Transportation Center), Design Workshop Add Service #5) - Additional Design
Services During Construction for Redesign of Center Island Landscape Feature (Jeff Schneider,
Engineer 11)
g. Riverfront Plaza Management Services - Indemnification Agreement with Confluence Metro
District regarding Lower Plaza Management Services (John Dunn, Town Attorney)
16. ADJOURNMENT
Avon Council Meeting.08.01.08
Page 4 of 4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: January 3, 2008
Re: Holiday Lighting Contest
Summary:
The Avon Town Council took a tour of Avon on Tuesday, December 18th to view commercial and
residential holiday lighting. The town's holiday lighting contest is in its 8th year and is meant to
encourage local residents and businesses to decorate for the holidays. Several Council members
(5) and Planning and Zoning Commission members (1) and their children took several hours to view
the lights and make their final decisions.
All winners have been contacted regarding the announcements to be made next Tuesday evening at
the council meeting. These winners will receive an award certificate and gift certificate to a local
Avon restaurant. Gift certificates for first place are $100, second place receives $75 and third place
receives $50. The awards will be distributed at the first Council meeting of the New Year on January
8 at 5:30 p.m. Winners are as follows:
Best Business
1 st — Comfort Inn
2nd - Christie Lodge
Avon Residential
1 st — Pat & Patty McKenny, 2643 Bear Trap Road Unit W
2nd Kathy and Dave Martinez, 0901 West BC Blvd.
3rd — Ruth Stanley, 310 A West Beaver Creek Blvd
Best Neighborhood
Gary & Charolette Cole, 2822 Kedspur
Joesph & Mary Beth Walker, 2824 Kedspur
Best Team
John & Debbie L'heureux, 5273 Eaglebend Drive
Deborah Gallen, 5297 Eaglebend Drive
Best Multi -Media
Pat, Patty, and Faye McKenny 2643 Bear Trap
Best Green Lighting
1 st — Mark & Joyce Benson, 2403 Draw Spur
2"d — Rick & Karen Posner, 2885 Oneal Spur
Memo
VON
To: Honorable Mayor and Town Council c o r, o x A D o
Thru: Lary Brooks, Town Manager
From: Eric Heidemann, Assistant Town Manager / Community Development
Date: January 8, 2008 Meeting
Re: First Reading of Ordinance No. 07-18, Lot C, PUD Amendment
Application (CONTINUED PUBLIC HEARING)
Update:
The following item is a continuance of the Lot C PUD Amendment application. The
first reading of Ordinance No. 07-18, an ordinance approving this PUD Amendment,
was heard at your December 11, 2007 regular meeting. The first reading was tabled
to your January 8, 2008 meeting, with a number of issues raised by Council for both
the applicant and staff to address. The applicant has requested additional time to
address all of the issues and therefore requests a tabling to the February 26, 2008
regular meeting. However, staff feels that several of these issues can be addressed
in the interim and recommends that Council table this item to the January 22, 2008
regular meeting.
Since your last hearing, staff has met with the applicant and owners' representatives
to discuss the items listed below. According to the applicant, they are currently
working to address the issues that came to surface and will be unable to fully
address the comments received from the first hearing. Staff would ask that the
applicant be prepared to provide the Council with an update regarding the status of
the items raised at the last meeting
The following is a list of discussion items raised by Council on December 11, 2007:
• Deed restricted housing: explanation of who owns/rents each of the existing
deed restricted units and where additional units may be located; and what
type of units they would be.
• Provide an update on the necessary water commitment from the Water
Authority.
• Provide a detailed analysis of the Sun Road and Post Office connection
including limitations relative egress and the recorded Access Easement(s)
associated with Lot B.
• Address the opportunity for on -street parking along West Beaver Creek
Boulevard.
Ordinance No. 07-18, Lot C PUD Amendment
Town Council January 8, 2008 Regular Meeting (CONTINUED PUBLIC HEARING)
• Main Street assessment and other monetary contributions.
• Overview of existing and proposed retail space and desired locations.
• Explanation and evaluation of the "grand staircase" adjacent to the office
building.
• Building massing and building architecture: similarity to existing architecture.
• Current deliveries and proposed future delivery location.
• RETT rebate request.
• A site tour would be beneficial to understand massing and relationship with
pedestrian level experience.
Per the request of the Council, a new development agreement is being prepared by
Sherman & Howard, and is scheduled for completion on January 9, 2008. This will
be available for your review at the next regularly scheduled meeting.
Attached to this Memorandum is a letter from the applicant requesting a tabling from
January 8, 2008 to the February 26, 2008 regular meeting agenda. As stated
above, Staff recommends the Council table this application, after holding a public
hearing on January 8, 2008, to the January 22, 2008 regular meeting agenda.
Application Summary:
The developed portion of the PUD includes 81 two -bedroom timeshare units, 20
employee -housing units, and ground level office/retail space. The as of yet
undeveloped, but approved uses, include additional timeshare units, additional
office/retail, restaurant, and a 125-room hotel.
This amendment request applies to Phase 1 C, which is now being referred to as
"Phase C-1 ", and the inclusion of an additional Phase ("Phase C-2"). There are no
proposed changes to the vesting period for this project. Phase 1 C is currently
entitled to have 48 timeshare units, 5,500 square feet of commercial/retail, 4,800
square feet of restaurant, and a 125-room hotel. The amendment request would
eliminate the hotel land -use, increase the number of time-share units, lower the
amount of Retail/Commercial space, and relocate the restaurant to Main Street.
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission held public hearings on March 21, 2006, July
17, 2007, and October 2, 2007, to consider the applicant's proposal. At the final
meeting with the Commission on October 2, 2007, the Commission unanimously
made a recommendation of approval to the Avon Town Council. Resolution 07-03
from the Commission is attached for your consideration.
Staff Recommendation:
Staff recommends the Council TABLE Ordinance No. 07-18 on First Reading, to the
January 22, 2008 regular Town Council meeting agenda.
Ordinance No. 07-18, Lot C PUD Amendment
Town Council January 8, 2008 Regular Meeting (CONTINUED PUBLIC HEARING)
Available Actions:
1) Approve on First Reading Ordinance No. 07-18;
2) Table on First Reading Ordinance No. 07-18; or
3) Deny on First Reading Ordinance No. 07-18.
Town Manager Comments:
Attachments:
- Letter from the applicant, dated January 2, 2008
- Ordinance No. 07-18
Ordinance No. 07-18, Lot C PUD Amendment
Town Council January 8, 2008 Regular Meeting (CONTINUED PUBLIC HEARING)
RUTH O. BORNE:
ATTORNEY AT LAW
P.O. BOX 7833 AVON, CO 81620
(970) 748.1 '187 FAX (970) 74& 1 189
RUTHnQ MARRINENGINEERING 013M
January 2, 2008
Mr. Eric Heidemann
Director of Community Development
P.O. Box 975
Avon, CO 81620
RE: PUD Application for Sheraton Mountain Vista
Dear Eric:
Admitted to practice In Florida and
Colorado
On behalf of Points of Colorado, Inc. we are formally requesting a tabling of the PUD
Amendment application until the g meeting scheduled for February 26, 2008.
Thank you in advance for your consideration.
Kind regards,
Rath O. e
cc: File
Kathryn P1ouff, Executive Vice -President
i -d Xd3 13r83SU1 dH
RECEIVE®
AN 0. 2 2008.
Community Development
Wd9i:E 8002 20 Uer
ORDINANCE NO.07-18
AN ORDINANCE APPROVING, WITH CONDITIONS, THE PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT APPLICATION FOR LOT C, AVON
CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO, AND SETTING FORTH DETAILS IN REGARD
_' f
WHEREAS, Points of Colorado, owners of Lot C, Mountain Vista Resort Subdivision,
have applied for a Planned Unit Development ("PUD") Amendment, pursuant to Section
17.20.110 of the Avon Municipal Code; as presented in the revised application received
May 4, 2007; and
WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on March 21, 2006, July 17, 2007, and October
2, 2007, and the Commission forwarded a recommendation of approval with conditions
to the Town Council; and
WHEREAS, the Town Council approved this Ordinance No. 07-18 on first reading after
public hearing on December 11, 2007; and
WHEREAS, the following criteria are to be considered when evaluating this type of
application
1. Conformance with the Town of Avon Comprehensive Plan Goals and
Objectives.
2. Conformity and compliance with the overall design theme of the Town, the
sub -area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians addressing on
and off site traffic circulation that is compatible with the Town Transportation
Plan.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and efficient
without relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
11. That the existing streets and - roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as outlined
in Section 17.28.085 of the Avon Municipal Code;
WHEREAS, after holding a public hearing at their December 11, 2007 meeting, the
Town Council makes the following findings with respect to this application:
1. The application is in general conformance with the Town of Avon
Comprehensive Plan's Goals and Objectives.
2. The application is in conformance with the Main Street Design Guidelines.
3. The design is compatible with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. The uses, activity, and density provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
5. The site plan, building design, and location and open space provisions are
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
6. Functional and aesthetic landscaping and open space is provided in order to
optimize and preserve natural features, recreation, views and function.
7. The provided phasing plan maintains a workable, functional, and efficient
relationship throughout the development of the PUD.
8. The application provides evidence of compliance with the public purpose
provisions, as outlined in Section 17.28.085 of the Avon Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The amendment to the Lot C, Mountain Vista Resort Subdivision, as more
specifically described in the revised application dated May 7, 2007, including the
Amended and Restated Development Agreement for Lot C, Mountain Vista Resort
Subdivision, attached hereto as Exhibit A, is hereby approved, subject to the following
conditions:
1. The property owner shall convey to the Town the water rights necessary to
serve the proposed development. Final water right determination shall be
resolved between the property owner and the Town prior to the issuance of a
building permit for Phase C-1. Approximately 24.72 acre feet shall be supplied.
2. The property owner will identify, with architectural plans, at least 4
contiguous affordable studio units to be reconfigured to increase their size prior to
completion of the project. The units will be reconfigured prior to completion of
the project. In addition to reconfiguration, all of the units will be excluded from
the Mountain Vista Metropolitan District.
3. The property owner shall submit a master landscaping and public plaza design
plan, including public art locations integrated along the pedestrian corridor on the
west side of the project, to be reviewed and approved by the Planning and Zoning
Commission prior to issuance of the building permit for Phase C-1.
4. Building heights shall not exceed those depicted in the Amended .PUD
Development Plan.
5. The proposed restaurant shall be open and operating prior to the issuance of a
Certificate of Occupancy for Phase C-1.
6. Except as otherwise modified by this approval, all material representations
made by the applicant or applicant representatives in this application and in public
hearings shall be adhered to and considered binding conditions of approval.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11"' day of December, 2007, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the 8h day of
January, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400
Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of , 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
HEART of the VALLEY
Ah
■
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manager
From: Justin Hildreth, Town Engineer
Date: December 28, 2007
Re: Resolution No. 08-01, Approving the Final Plat, A Resubdivision of Lot 6, Block 5,
Wildridge, Town of Avon, Eagle County, Colorado (1066 Wildwood Townhomes)
Summary: .
Arthur Barrows and Helen Peiffer, owners of 1066 Wildwood Townhomes, have submitted a Final
Plat to subdivide Lot 6, Block 5, Wildridge, Town of Avon, Eagle County, Colorado. The proposed
Condominium Subdivision plat is in a townhouse configuration and thereby subdivides the existing
Lot 6, Block 5, Wildridge into seven separate lots: 6A, 6B, 6C, 6D, 6E, 6F and 6G. The proposed
Condominium Subdivision is in conformance with the Title 16 of the Avon Municipal Code (AMC),
Subdivisions and meets the definition of such as stated in Section 16.08.200 of the AMC.
Resolution 08-01 is attached hereto as Exhibit A, and a copy of the Final Plat is likewise attached as
Exhibit B.
Recommendation:
Based on the provisions of Chapter 16.48, and all other applicable sections of Title 16, Avon
Municipal Code, staff recommends approval of Resolution No. 08-01, Series of 2008, A Resolution
Approving the Final Plat, A Resubdivision of Lot 6, Block 5, Wildridge, Town of Avon, Eagle County,
Colorado, subject to completion of technical corrections identified by staff.
Proposed Motion:
"I move to approve Resolution No. 08-01, Series of 2008, A Resolution Approving the Final Plat, A
Resubdivision of Lot 6, Block 5, Wildridge, Town of Avon, Eagle County, Colorado, subject to
completion of technical corrections identified by staff."
Town Manager Comments:
��Y�
Attachments:
Exhibit A: Resolution 08-01, Series of 2008
Exhibit B: Final Plat, A Resubdivision of Lot 6, Block 5, Wildridge, Town of Avon, Eagle County,
Colorado
TOWN OF AVON
RESOLUTION NO. 08-01
Series of 2008
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 6,
BLOCK 5, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Arthur Barrows and Helen Peiffer have submitted a Final Plat for a Resubdivision
of Lot 6, Block 5, Wildridge, Town of Avon, Eagle County, Colorado, located at 1066
Wildwood Townhomes; and
WHEREAS, the Final Plat has. been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be in conformance with all applicable sections of Title
16, "Subdivisions", of the Avon Municipal Code; and
WHEREAS, the proposed resubdivision 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, A Resubdivision of Lot 6, Block 5, 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
ATTEST:
Patty Bierle-McKenny
Town Clerk
, 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
( I
SECTION 35
TOWNSHIP 4 SOUTH
RANGE 82 WEST, 6th P.M.
I
VICINITY MAP
1" = 500'
SITE LOCATION
FINAL PLAT
1066 WILDWOOD TOWNHOMES
A RESUBDIVISION OF LOT 6, BLOCK 5, WILDRIDGE,
TOWN OF AVON, EAGLE COUNTY, COLORADO
' /FOUND Q5 REBAR
�v AND ALUMINUM CAP
LS 16836
FOUND g5 REBAR
AND ALUMINUM CAP
LS 16836
LOT 5
p� 43
y p 1 Y
ry
ACCESS EASEMENT
FOUND N5 REBAR
AND AL MINUM CAP Z
LS 16838
10' SLOPE MAINTENANCE, DRAINAGE, \
AND SNOW STORAGE EASEMENT \
NOTES: L=178.56'T° t
1) BASIS OF BEARING: N 2727'05" E BETWEEN FOUND MONUMENTS ALONG D 70'33'27'
THE EASTERLY LINE OF LOT 6 AS SHOWN. CLEN=167.49'
BRG-N 32'19'07 W
2) FIELD WORK FOR THIS SURVEY WAS COMPLETED: SEPTEMBER 9, 2007. 0`A \v4
3) THE PUPOSE OF THIS TOWNHOME PLAT IS TO RESUBDIADE LOT 6 AND CREATE THE \.
DESCRIBED AND SEPARATE TOWNHOME LOTS AND COMMON AREA AS SHOWN.
4) DIVIDE CREEK SURVEYING INC. DID NOT EXECUTE A TITLE SEARCH TO ESTABLISH OWNERSHIP EASEMENTS OR .1
RIGHTS OF WAY OF RECORD. DOCUMENTS USED TO COMPLETE THIS TOWNHOUSE PLAT WERE PROVIDED BY
FIRST AMERICAN TITLE COMPANY. REFERENCE TITLE COMMITMENT NO. 611-HO184337-610-ETO. Q (1
5) PURSUANT TO TOWN OF AVON MUNICIPAL CODE SECTION 16.24.130(6) H g ,y
THE TOWN HOME LOTS MAY NOT BE CONVERTED TO TIMESHARE LOTS. AND
ps R'I 1
D ALUMINUM
CAP T
6) ACCESS TO WEST WILDWOOD ROAD FOR ALL LOTS IS PROVIDED ON EXISTING LS 16836 1 I
ASPHALT DRIVEWAY AND DESCIBED IN ACCESS EASEMENT. ( )
ACCESS EASEMENT
FOR INGRESS AND EGRESS, DESCRIBED AS
L=105.00'
R=375.00•
BEING TEN FEET OVER AND ACROSS LOT 6 ON THE EXISTING ASPHALT DRIVE,
BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
D-16'02'34'
CLEN-104.66'
BRG=S D4'56'34' E
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WEST WILDWOOD ROAD,
SAID POINT ALSO BEING ON THE CENTERUNE OF AND EXISTING ASPHALT DRIVE,
FROM WHENCE A REBAR AND CAP STAMPED L.S. 16836 BEARS N 01'11'39" E 24.66 FEET;
THENCE N 44'1305 E 20.74 FEET; THENCE N OT27'19" E 59.62 FEET;
THENCE N 13'09'49" W 57.68 FEET; THENCE N 50'49:36: W 21.09 FEET;
THENCE N 16'38'42" W 29.70 FEET; THENCE N 00*0316E 20.88 FEET;
THENCE N 00'06'18" E 21.55 FEET; THENCE N 20-49'13- E 58.87 FEET;
THENCE N 00'06'19" E 21.07 FEET; THENCE N 1T07'57" E 26.45 FEET;
TO THE POINT OF TERMINATION FROM WHENCE A FOUND REBAR AND CAP
STAMPED L.S, 16836, AT THE NORTHWEST CORNER OF LOT 6 BEARS N 10'59'52" E 70.21 FEET.
SURVEYOR'S CERTIFICATE:
I, DAVE NICHOLSON, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR UNDER THE LAWS
OF THE STATE OF COLRADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE
1066 WILDWOOD TOWNHOMES AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH
PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND
CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE -LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME
ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
ALL MONUMENTS ARE SET AS REQUIRED BY THE SUBDIVISION REGULATIONS OF THE TOWN OF AVON.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _ DAY OF , A.D. 20D7
NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.
IN NO EVENT, MAY AN ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
/ \ 10' SETBACK/
/ 10, URLDY AND
DRAINAGE EASEMENT
LOT 6
1.620 ACRES
'0%A 6pG8ES
r
NOTE: HATCHED AREAS INDICATE
BUILDING FOOTPRINTS.
i ere
LOT 613
Wt 16pG0.E5 COMMON AREA
°•04� °4, 1.341 ACRES
sjt. l.8j,CRES J
812 j
n.
LOT 7
/ cF
FOUND #5 REBAR
AND ALUMINUM CAP
LS 16836
FOUND #5 REBAR
AND ALUMINUM CAP
LS I6a36
DAVID C. NICHOLSON
COLORADO REGISTERED
P.L.S. 34585
FOUND /5 REBAR
AND ALUMINUM CAP
LS 16836
GRAPHIC SCALE
0' 40' BO'
ONE INCH = FORTY FEET
FOUND g5 REBAR
,-,FOUND
ALUMINUM CAP
LS 16836
120,
LAND USE SUMMARY
LOT AREA USE ADDRESS
6A 0.050 TOWNHOUSE UNIT 1066A WEST WILDWOOD ROAD
6B 0.041 TOWNHOUSE UNIT 1066B WEST WILDW000 ROAD
6C 0.049 TOWNHOUSE UNIT 1066C WEST WLDWDOD ROAD
6D 0.050 TOWNHOUSE UNIT 1066D WEST WILDWOOD ROAD
6E 0.041 TOWNHOUSE UNIT 1066E WEST WILDWOOD ROAD
6F 0.04B TOWNHOUSE UNIT 1066F WEST WILDWOOD ROAD
6G 1.341 COMMON AREA - ACCESS AND COMMON MAINTENANCE
TOTAL 1.620 ACRES
LINE TABLE
LINE
BEARING
DISTANCE
L1
S IW3842 E
24.70
L2
N 73.21 18" E
88.30
L3
S 16'38 42 E
24.70
L4
S 73'2118" W
88.30
LS
N 1W3842 W
20.00
L6
S 73'21 18 W
88.30
L7
S 16'38 42 E
20.00
LB
N 73'21'18" E
88.30
L9
N IW3 442 W
24.20'
L1O
S 73.21 18 W
88.30
L11
S IW38'42 E
BIG
L12
S 73'2148" W
88.3D
L13
S 152615 E
24.7D'
L14
S 3. 733 45 W
88.3D
LIS
S 18.2815 E
24.7D
L16
S 7W33 45 W
88.3D
L17
S IFN' S" E
20.20'
L18
_T 73-3 445 W
88.30
L19
S 1S'26 15 E
20.20'
L20
S 73.33'45' W
88.30
L21
N IV26'15" W
20.20'
L22
S 7533 45 W
88.30
L23
N 16'26 15 W
2A.20'
L24
S 7533'45 W
72.30
L25
N 16'28'15" W
4.00'
L26
5 73.33'45' W
16.00
CERTIFICATE OF DEDICATION AND OWNERSHIP:
KNOW ALL MEN BY THESE PRESENTS TWAT
AND BEING THE SOLE OWNER(S), IN FEE SIMPLE OF
ALL THAT REAL PROPERTY DESCRIBED AS FOLLOW.
LOT 6, BLOCK 5, WILORDGE SUSOMSION, AND CONTAINING 1.620 ACRES MORE OR LESS, ACCORDING 70 THE PUT THEREOF
RECORDED AT RECEPTION NO. 1B4525, IN THE OFFICE OF THE EAGLE COUNTY CLERK ANO RECORDER.
M45 BY THESE PRESENTS LAD OUT, PUTTED, AND SUBDMOED THE SAME INTO LOTS AND BLOCKS
AS SHOWN HEREON AND DESIGNATE THE SAME AS 1066 WILDWOOD TOWNHDMES WILDRIDGE.
TOWN OF AVON. COUNTY OF EAGLE. STATE OF COLORADO AND OEDIC47E FOR PUBLIC USE THE STREETS
SHOWN HEREIN, INCLUDING AVENUES DRIVES BOULEVARDS, LANES, COURTS, AND ALLEYS TO THE
TOWN OF AVON; AND THE URLTY AND DRAINAGE EASEMENTS SHOWN HEREON FOR URLRY AND
DRAINAGE PURPOSES ONLY,• AND DO FURTHER STATE THAT THIS SUBOMSION SHALL BE SUBJECT
TD THE PROTECTIVE COVENANTS FILED AND RECORDED FOR THIS SUBDMSION IN THE OFFICE
OF THE CLERK AND RECORDER OF EAGLE COUNTY, COLORADO, AS DOCUMENT ND.
EXECUTED THIS DAY OF , AD. 2008.
OWNER:
OWNER:
STATE OF COLOR400 )
COUNTY OF EAGLE )
) SS
THE FOREGOING CE77lIF/CATE OF OED/b177ON AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS _ DAY OF AD. 2008.
BN
My commission explms:
WITNESS MY HAND AND OFFICIAL SEAL
My commission sxp-A.
NOTARY PUBLC
TOWN CERTIFICATE
THIS PLAT, USES, DENSITIES, STANDARDS AND DEFINITIONS ARE APPROVED BY THE TOWN OF AVON.
COUNTY OF EAGLE, STATE OF COLORADO THIS _ DAY OF AD., 2DOB FOR FILING
WITH THE CLERK AND RECORDER OF THE COUNTY OF EAGLE AND FOR CONVEYANCE TO THE TOWN OF AVON
FOR FINANCING OR CONSTITCTING OF IMPROVEMENTS ON LANDS, STREETS OR EASEMENTS DEDICATED EXCEPT
AS SPECIFICALLY AGREED TO BY THE TOWN COUNCIL AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY
OBLIGATE THE TOWN OF AVON FOR MAINTENANCE OF STREETS UNTIL CONSTRUCTION OF IMPROVEMENTS THEREON
SHALL HAVE BEEN COMPLETED TO THE SATISFACTION OF THE TOWN COUNCIL. APPROVAL OF THIS PLAT
BY THE TOWN IS A CONSENT ONLY AND IS NOT TO BE CONSTRUED AS AN APPROVAL OF THE TECHNICAL
CORRECTNESS OF THIS PLAT OR ANY DOCUMENTATION RELATING THERETO.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON COUNCIL OF THE TOWN. OF AVON
ATTEST,
TOWN CLERK
TITLE INSURANCE COMPANY OR ATTORNEYS CERTIFICATE.•
DOES HEREBY CERTIFY THAT HAS EXAMINEO THE TITLE TO ALL LANOS
SHOWN UPON THIS PUT AND 7HAT fiM1E 70 SUCH LANDS IS VESTED IN.
FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES ANO ASSESSMENTS EXCEPT AS FOLLOW.
CLERK AND RECORDERS CERTIFICATE.
THIS PUT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER
AT _ O'CLOCK 2008 AAO IS OULY RECORDED
AS RECEPTION NO
CLERK AND RECORDER
BY.•
DEPUTY
vide
reek
DIVIDE CREEK SURVEYORS INC.
DAVID C. NICHOLSON
Professional Land Surveyor
L.S. 34585
jC
veyors
0029 Colorado River Road
Inc
New Castle. Colorado
(970) 876-5832 (970)3559306
1066 WILDWOOD TOWNHOMES
A RESUBDIVISION OF LOT 6,
BLOCK 5, WILDRIDGE,
TOWN OF AVON, EAGLE COUNTY, COLORADO
DECEMBER 6, 2007 1 PROJECT: 07591 1 LOTS WLDRDG TWNHM.DWG
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: THE GATES
DATE: January 8, 2008
On the Council agenda is a request by CSC Land to approve an extension of the
landscaping completion deadline for The Gates from November 15, 2007, to December 6, 2007.
Following this memorandum are copies of correspondence received from CSC .Land and the
relevant section of the Second Amended and Restated Development Agreement for The Gates
dated August 24, 2007.
As the Council is well aware, the development agreement establishes milestones for
completion of construction, and Section 4.3(a) of the agreement allows the Council, in its "sole and
absolute discretion," to approve or disapprove of any delay with respect to any milestone. When
the development agreement was last amended in August, Section 4.3(b) was added to afford the
developer the option to elect to be assessed liquidated damages of $1,000 per day. The developer
has been reminded of this option, but it has expressed a preference to come before the Council to
explain the delay and ask approval of it.
If the delay is not approved, CSC will have the option to elect to pay the liquidated
damages. Unless and until that election is made, the project will be shut down. If the election is
made, CSC will have 30 days to make payment. If it does not pay, the penalty will be withdrawn
from the restoration bond, which withdrawal will have to be replenished within 30 days thereafter.
Failing replenishment, the project will be shut down.
The Council should be aware that the Town has recently received an improvement
location certificate (required by the Town's building code) which establishes that the building ridge
line exceeds by three feet what is permitted by the development standards for The Gates. The
Gates' attorney has indicated that an application to amend the development standards will be filed
which, if approved by the Town Council, will cause the development standards to conform to the
actual height of the ridge line.
The Council should also note that only one Milestone Event, other than call for final
inspection (June 27, 2008) and issuance of a certificate of occupancy (July 31, 2008), remains,
which Milestone Event is an April 20 deadline for completion of hardware installation. It has been
suggested to the attorney for The Gates that this remaining Milestone Event be addressed at this
time and it is anticipated that elimination of that deadline will be a part of the application which
will be filed.
Town staff recommends that the request not be approved. Representatives of CSC
represented to the Council in July that the timing of the revised Milestone Events was both
sufficient and necessary to complete the project and that the provision for liquidated damages was
included in the agreement to prevent CSC from having to ask the Council for additional relief and
incurring staff time in the process.
JWD:ipse
4.2 Maintaining Active Permit. The foregoing notwithstanding, Owner shall
maintain an active building permit pursuant to the current provisions of Title 15, Municipal
Code, on the schedule attached hereto as Exhibit A, subject to excusable delays as
contained in Section 4.3 provided that in no event shall excusable delays permit the
schedule to be extended past the fourth anniversary of the Effective Date.
4.3 Excusable Delays.
(a) Should the Owner be delayed, hindered or prevented from
proceeding in accordance with the schedule of deadlines attached hereto as Exhibit A for
any reason, Owner shall, within thirty (30) days after commencement of the delay, provide
the Town Department of Community Development (with a copy to the Town Attorney)
with written notice of the delay, the reason therefor and an estimate of the expected
duration of the delay. The Town shall approve or disapprove the delay and, if it is
approved, the period thereof, in its sole and absolute discretion. If the delay is approved by
the Town, Owner shall thereafter use all commercially reasonable efforts to minimize its
impact and duration. Delays approved by the Town may permit the milestone dates on
Exhibit A to be extended, but in no event shall any Delays approved by the Town permit
the schedule to be extended past the Completion Deadline. Nor may any delays approved
by the Town be utilized to claim an extension of the term of this Agreement or the term of
the vested property rights established under this Agreement.
(b) Notwithstanding the foregoing, i) in the event CSC fails to meet
any construction milestone, at its option it may elect to be assessed liquidated damages of
$1,000 per day (which amount the parties agree to be fair and reasonable and not a
penalty); ii) the penalty so assessed, if not paid within 30 days, shall be deducted from
the cost restoration bond provided for in Section 3.4 hereof; iii) the amount deducted
shall be replenished within 30 days of the deduction; and iv) upon failure of CSC to
replenish the cost restoration bond, the Town may proceed as though it has disapproved a
request by CSC for an extension of the particular milestone event.
ARTICLE V
DEFAULTS AND REMEDIES
5.1 Default by Town. A "breach" or "default" by the Town under this
Agreement shall be defined as the Town's failure to fulfill or perform any material
obligation of the Town contained in this Agreement.
5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as
Owner's failure to fulfill or perform any material obligation of Owner contained in this
Agreement.
5.3 Notices of Default. In the event of a default by either party under this
Agreement, the non -defaulting party shall deliver written notice to the defaulting party of
such default, at the address specified in Section 6.8, and the defaulting party shall have
CSC LAND, LLC
December 10, 2007
Mr. Larry Brooks
Town Manager
Town of Avon
PO Box 975
Avon, CO 81620
lbrooks@avon.org
RE: The Gates at Beaver Creek ("Project')
i •4
Pursuant to the Second Amended and Restated Development Agreement for The Gates
("Agreement'), dated August 24, 2007,under Article 4.3 EXCUSABLE DELAYS, we
are required to provide written notice of delay to the deadlines in Exhibit A of the
Agreement specifically the November 15, 2007 deadline for completion of the
Iandscape for the Project.
As of November 15, 2007 all required trees, shrubs and re -seed were installed,
however, our landscape contractor informed us that the perennials were not available.
We subsequently located these perennials elsewhere in Colorado and had them shipped
to the Project. As of Thursday, December 6, 2007, the landscape was complete. The
contractor on the Project called for an inspection on December 6, 2007.
The Project is progressing well and our current schedule indicates a Certificate of
Occupancy sometime in April, 2008, significantly before the required July 31, 2008
deadline.
We respectfully request that, because as of the November 15 deadline the required
landscaping was substantially complete, and is now 100% complete, the Town of Avon
approve the delay in accordance with Article 4.3 of the Agreement. Please advise as
soon as possible as to the result your inspection and your approval or disapproval of the
delay.
One Hickory Centre, 1800 Valley View Lane, Suite 150 LB4, .Dallas, TX US 75234
Phone (972) 385-9934 Fax (972) 241-4484 www.jmjholdings.com
�:
CSC LAND, LLC
We appreciate your patience and assistance with the Project and recognition of our
efforts to complete the Project prior to all future, required deadlines.
CC:John Dunn, Town. Attorney, Town of Avon, PO Box 1077, Avon, Colorado 81620
JDunn@avon.org
Eric Heidemann, Town of Avon, PO Box 975Avon, CO 91620 ehei.demann@avon.org
One Hickory Centre, 1800 Valley View Lane, Suite 150 LB4, Dallas, TX U5 75234
Phone (972) 386-9934 Fax (972) 241-4484 wwwJrnjholdings.com
TOWN OF AVON, COLORADO
RESOLUTION NO. 08-
A RESOLUTION REGARDING EXTENSION OF A MILESTONE EVENT FOR
COMPLETION OF CONSTRUCTION OF THE GATES, FORMERLY THE
CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT
WHEREAS, the Town and CSC Land, LLC ("CSC") have entered into a
Second Amended and Restated Development Agreement ("the Agreement") for The Gates
dated August 24, 2007; and
WHEREAS, Section 4.3(a) of the Agreement provides that, should CSC be
delayed, hindered or prevented from proceeding in accordance with the schedule of
construction deadlines attached as Exhibit A to the Agreement for any reason, it shall,
within thirty (30) days after commencement of the delay, provide the Town with written
notice of the delay, the reason therefor and an estimate of the expected duration of the
delay; and
WHEREAS, Section 4.3(a) of the Agreement further provides that the Town
shall approve or disapprove the delay in its sole and absolute discretion; and
WHEREAS, on December 10, 2007, CSC provided written notice that it had
been delayed, hindered or prevented from completing landscaping by the Milestone Event
date of November 15, 2007, and requested that the Town approve an extension of the
Milestone Event to December 6, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, as follows:
1. Extension of the Milestone Event of Completion of Landscaping until December
6, 2007, is approved/not approved.
ADOPTED the Sth day of January, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
TOWN OF AVON, COLORADO
RESOLUTION NO.08-02
SERIES OF 2008
A RESOLUTION APPROVING EXTENSION OF A MILESTONE EVENT
FOR COMPLETION OF CONSTRUCTION OF THE GATES, FORMERLY
THE CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT
WHEREAS, on December 10, 2007, CSC Land, LLC ("CSC") provided
written notice that it had been delayed, hindered or prevented from completing landscaping
by the Milestone Event date of November 15, 2007, and requested that the Town approve
an extension of the Milestone Event to December 6, 2007, pursuant to the Amended and
Restated Development Agreement between it and the Town dated as of August 24, 2007;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, as follows:
1. Extension of the Milestone Event of Completion of Landscaping until December
6, 2007, is approved.
ADOPTED the 8th day of January, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
December 12, 2007
Tim Barton
CSC Land, LLC
One Hickory Centre
1800 Valley View Lane, Suite 150 LB4
Dallas TX 75234
Re: The Gates at Beaver Creek
Dear Mr. Barton:
This will acknowledge receipt of your letter dated December 10, 2007, wherein you
seek approval of a delay in your company's compliance with the November 15, 2007 deadline for
completion of landscaping contained in the Second Amended and Restated Development
Agreement for The Gates (formerly Chateau St. Claire) dated August 24, 2007.
Your request will be presented to the Town Council for their consideration at the
next meeting of the Council on January 8, 2008.
Yours truly,
"Larry B s, Town Manager
LB:ipse
CC. Mr. Dunn
Mr. Heidemann
CSC LAND, LLC
December 10, 2007
Mr. Larry Brooks
Town Manager
Town of Avon
PO Box 975
Avon, CO 81620
lbrooks@avon.org
RE: The Gates at Beaver Creek ("Project")
Mr. Brooks,
Pursuant to the Second Amended and Restated Development Agreement for The Gates
("Agreement"), dated August 24, 2007,under Article 4.3 EXCUSABLE DELAYS, we
are required to provide written notice of delay to the deadlines in Exhibit A of the
Agreement specifically the November 15, 2007 deadline for completion of the
landscape for the Project.
As of November 15, 2007 all required trees, shrubs and re -seed were installed,
however, our landscape contractor informed us that the perennials were not available.
We subsequently located these perennials elsewhere in Colorado and had them shipped
to the Project. As of Thursday, December 6, 2007, the landscape was complete. The
contractor on the Project called for an inspection on December 6, 2007.
The Project is progressing well and our current schedule indicates a Certificate of
Occupancy sometime in April, 2008, significantly before the required July 31, 2008
deadline.
We respectfully request that, because as of the November 15 deadline the required
landscaping was substantially complete, and is now 100% complete, the Town of Avon
approve the delay in accordance with Article 4.3 of the Agreement. PIease advise as
soon as possible as to the result your inspection and your approval or disapproval of the
delay.
One Hickory Centre, 1800 Valley View Lane, Suite 150 LB4, Dallas, TX US 75234
Phone (972) 385-99341=ax (972) 241-4484 www.jmjholdings.com
A614
We appreciate your patience and assistance with the Project and recognition of our
efforts to complete the Project prior to all future, required deadlines,
CC:John Dunn, Town Attorney, Town of Avon, PO Box 1077, Avon, Colorado 81620
JDun.n@avon.or,gF
Eric .Heidemanii, Town of Avon, PO Box 975Avon, CO 81620 eheideiiiann@avoii.org
One Hickory Centre, 1800 Valley View Lane, Suite 150 1-134, Dallas, TX US 75234
Phone (972) 385-9934 Fax (972) 241-4484 Www.jmjholdjngs,corn
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer III*
Shane Pegram, Engineer II
Date: January 2, 2008
Re: Victor Mark Donaldson Architects — Avon Recreation Center Remodel Proposal
Summary: Victor Mark Donaldson Architects (VMDA) has provided a proposal (Exhibit A) for base
mapping, architectural & engineering services for the Town of Avon, Avon Recreation Center.
VMDA's total base service fee is. $62,600, and is not to be exceeded without prior written approval.
Discussion: Continued growth of the Avon Recreation Center has created a need for more space
for employee offices, storage and equipment maintenance. Town Council directed staff during the
October 2, 2007 meeting to investigate options for the remodel that shall not hinder the planned
Phase II Recreation Center expansion or the construction of the parking garage. VMDA was asked
to provide a proposal for base mapping, architectural & engineering services for the proposed
remodel.
The proposal (Exhibit A) VMDA submitted has two phases. The first is for base mapping and design
phase services. Following staff reviews and Town Council selection/approval of proposed options,
authorization can be given to proceed with construction documentation and contract administration.
The proposal will be presented to Town Council with cost estimates. If the proposal is accepted by
Town Council, VMDA will then proceed with preparation of final design and construction documents.
Town Council directed staff during the December 11, 2007 meeting to investigate conducting an
environmental audit of the existing Recreation Center. Staff is coordinating with the Colorado
Governor's Energy Office regarding an investment grade audit of the Recreation Center. We do not
anticipate this audit will impact structural design of the remodel which stays within existing building
footprint. Staff is confident the audit and remodel design can run parallel.
Staff recommends approval of VMDA's proposal so that key structural design issues of the remodel
can be determined to identify any possible interference with mechanical, electrical, and any other
potential energy savings points. Also, the structural steel will need to be ordered early 2008 to allow
for a fall construction date and to contain market price escalation. Recommendations from the
building audit will be available prior to award of the construction contract and will be discussed with
VMDA to determine if any of the recommendations should be rolled into the remodel.
Financial Implications:
VMDA's total base service fee is $62,600, and is not to exceed this amount without prior written
approval. The Town of Avon 2008 Budget includes $660,000 for design and construction of the
Avon Recreation Center remodel.
Recommendation: Approve the VMDA proposal for base mapping, architectural & engineering
services with a fee not to exceed $62,600 without prior written approval. Also, authorization will be
given for construction documents and contract administration following Town Council selection and
approval of options presented during the February 12, 2008 Town Council Meeting.
Proposed Motion: I move to approve VMDA's proposal for base mapping, architectural &
engineering services and associated options with a fee not to exceed $62,600 without prior written
approval. In addition, authorize VMDA to proceed with base mapping and design phase services.
Town Manager Comments,
NOTES:
Exhibit A — Victor Mark Donaldson Architects Proposal, dated December 11, 2007
0 Page 2
z v
ON
December 11, 2007
ARCHITECTS
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
Engineering Department
Town of Avon
Box 975
Avon, CO 81620
0048 E BEAVER CREEK BLVD
SUITE 207
PO BOX 5300
AVON, CO 81620
970/949-5200
FAX 949-5205
WWW.VMDA.COM
RE: Proposal for Base Mapping, Architectural & Engineering Services
for the Town of Avon, Avon Recreation Center (1 of 2)
Justin and Shane:
As requested, Victor Mark Donaldson Architects ("VMDA") has revised our proposal to Town of
Avon ("Owner") for Base Mapping and Architectural and Engineering Services for the proposed
expansion of the Avon Recreation Center ("ARC"). These services are based upon our
understanding of the direction currently provided by you. We thank you for this opportunity,
A. Project Obiectives. The Project includes expansion of the Second Floor cardio area over
the existing two story lobby (approximately 1,900 square feet) and the requisite two story exit stair
(approximately 400 square feet) and the conversion of the child care office area to storage
and/or filing (approximately 500 square feet). These expansion areas are anticipated to alleviate
non -complying Mechanical Room/Basement usage and improve overall function of staff
operations.
B. VMDA Basic Architectural Services. The following Work Product shall be prepared for Staff
review and approval prior to issuance for review and consideration by Town Council and Staff:
l . Base Mappping_ VMDA shall create and provide Main Level, Second Level and Roof
Level plans of existing conditions and proposed considerations. This will include
longitudinal and cross -sections through the volume depicting proposed design and
existing conditions. All Base Mapping will be based upon the Fentress Bradburn
documents dated December 22, 1994, and .Monroe & Newell documents dated
October 10, 1994, that were previously provided to VMDA by the Owner.
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
December 11, 2007
Page 4
scope documents. These documents do not contemplate field verification of each
and every existing condition by VMDA. Therefore, the Owner is advised that a
contingency fund should be carried to cover any and all costs which may arise due
to unforeseen conditions during design and construction. Additionally, the Owner
agrees to, except for the sole negligence on the part of VMDA, indemnify and hold
VMDA harmless from any claims, liability or costs arising or allegedly arising out of any
unforeseen conditions to the extent permitted by law.
2. Billina/Payment: VMDA will submit approved monthly invoices for percentage of
completion by phases noted herein. The Owner agrees that all approved invoices
shall be payable within thirty (30) days. If any approved invoice is not paid within
thirty (30) days, VMDA may, without waiving any claim or right against the Owner,
and without liability whatsoever to the Owner suspend or terminate its performance
of Basic and/or Additional Services within thirty (30) days notice.
3. Late Payments: Any account unpaid after thirty (30) days from the invoice date
may be subject to a monthly service charge of 1.5% (or the legal rate) on the then
unpaid balance. In the event any portion or all of an account remains unpaid sixty
(60) days from the invoice date, the Owner shall pay all costs of collection, including
reasonable attorney fees and costs.
4. Insurance: VMDA shall maintain Commercial General Liability Insurance policies as
well as Workers Compensation to cover employees and a $2MM Omissions and Errors
Liability Insurance.
5. Limitation of Liability: Owner and VMDA recognize the risks, rewards and benefits of
the project herein. The Owner agrees that, to the fullest extent permitted by law,
VMDA's total liability to the Owner for any and all injuries, claims, losses, expenses,
damages or claim expenses arising out of this Agreement from any cause or causes,
shall not exceed the policy limits of its above stated insurance policies, or $2.0m.
Such causes include, but are not limited to, negligence, errors, omissions, strict
liability, breach of contract, or breach of warranty on the part of VMDA.
6. Attorney's Fees: In the event of any litigation arising from or related to any Services
provided under this Agreement, the prevailing party shall be entitled to recovery of
all reasonable costs incurred including: professional time, expert's costs, court costs,
attorney's fees and related expenses.
7. Termination: Either party may terminate this Agreement, at any time, with or without
cause, by giving seven days written notice to either party. Should Owner elect to
terminate VMDA, Owner shall pay VMDA within fifteen (15) days of termination for all
Services rendered and all costs incurred up to the date of termination, with Initial
Payment being credited.
8. No design review applications or public hearings are contemplated in association
with this Agreement.
9. Governing Law: The laws of the State of Colorado shall govern this Agreement.
F. Additional Services Not Included in Basic Services.
1. Any items not specifically noted as VMDA Basic Architectural Services.
2. Revisions to documents after issuance to Staff for final Work Product.
3. Value Engineering of completed documents.
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
December 11, 2007
Page 2
2. Design Phase: VMDA and its Consultants shall create and provide:
a. New conceptual Floor and Stair Plan options and Conversion Plan options for
storage that address the project objectives;
b. Code review and exit strategies and diagrams;
C. Requisite development data and design notations;
d. Based on Owner input received, refine design options into a cohesive design
solution, including exterior elevation studies, cross -sections and refined Floor
Plans;
e. Coordination with Owner engaged Cost Estimator,
f. Prepare Design Review Applications and represent the Owner for the Design
Review Process; and
g. VMDA will manage and coordinate consultants.
3. Construction Documentation Phase:
a. Assist Owner in selection of General Contractor with a negotiated approach
based on pre -approved contractors;
b. Based on the final design approved by the Owner and any adjustments
necessary for DRB, VMDA shall coordinate the Consultants noted herein and
prepare Construction Documents for building permits, budget refinement and
construction; and
C. VMDA Construction Documents shall be deemed complete upon issuance of
a Building Permit, including any additions or corrections needed by the local
governing Municipality, Building and/or Planning Departments.
4. Contract Administration:
a. VMDA assumes construction duration of six to eight (6-8) weeks and has set a
fixed fee for Contract Administration accordingly. Should the construction
duration exceed this time frame, VMDA reserves the right to request
additional fees for Contract Administration, to be billed at its standard hourly
rates. Please see attached Rate Sheet,
b. VMDA will review Shop Drawings, Submittals, Pay Applications, Requests for
Information, Change Order Requests;
C. Project representation at Owner/Architect/Contractor meetings, site
observation and reporting and documents interpretations;
d. Provide supplemental drawings and information for clarification of
Construction Documents excluding concealed conditions not previously
depicted on existing drawings or otherwise not discoverable without
destructive demolition; and
e. Project close-out.
C. Schedule of VMDA Basic Architectural Services. Upon approval of this Letter Agreement,
these Basic Services shall be delivered and the Work Product described herein shall be completed
as follows: Please see attached Preliminary Addition Schedule and Alternate Preliminary
Additional Schedule.
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
December 11, 2007
Page 3
D. Basic Compensation for Basic Architectural Services
1. VMDA shall provide Basic Architectural Services as follows:
Base Mapping
$ 7,000.00
Design Phase
$14,200.00
Construction Documents
$12,400.00
Contract Administration
$ 6,800.00
TOTAL
$ 40,400.00
2. Consultants' fees are as follows:
Monroe & Newell (Structural engineering)
TOTAL $ 8,200.00
M-E Engineers, Inc. (MEP engineering)
Design Phase $ 4,500.00
Construction Documents $ 3,500.00
Contract Administration $ 2,000.00
TOTAL $ 10, 000.00
Shaner Life Safety (Fire protection, fire alarm and detection systems)
Design Phase $ 2,500.00
Construction Documents $ 1,000.00
Contract Administration $ 500.00
TOTAL $ 4,000.00
TOTAL FEES - VMDA & Consultants $62,600.00
(Attached hereto are the Consultants' individual agreements as they pertain to this
project.)
3. Reimbursements are estimated to be approximately 7-10% of the fixed fee, are in
addition to the Basic Compensation noted herein and are to be invoiced as incurred
without mark-up. Please see VMDA's enclosed 2007 Rate Sheet for reimbursement
costs, as well as the reimbursement costs as noted for each of its Consultants.
4. This estimated fee is based on the proposed design elements as outlined in Section
A, Scope Summary, above. Should the scope of the project be modified or
changed, VMDA and its Consultants may adjust their fees accordingly.
E. Other Considerations:
1. Unforeseen Conditions: This Agreement does not include services that may be
necessary or required due to unforeseen conditions or changes in regulatory
interpretations. Remodeling and/or rehabilitation of an existing building(s) require
that certain assumptions be made regarding existing conditions. The Owner
acknowledges and agrees hereto that exhaustive measurements of existing
conditions are not being performed as a part of this Agreement. VMDA
recommends and advises Owner provide and perform some destructive demolition
to reveal critical concealed conditions prior to completion of Construction
Documents. Some of these assumptions may not be verifiable without expending
additional sums of money or destroying otherwise adequate or serviceable portions
of the building(s). Under the Agreement hereto, VMDA, and consultants, will provide
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
December 11, 2007
Page 5
This Letter Agreement represents our meeting of the minds as of this date and supersedes previous
discussions, representations and oral agreements, if any and is deemed a valid agreement
between the parties by each party upon execution by each party. This Letter Agreement is valid
for execution for thirty (30) calendar days from this date.
Respectfully Submitted,
VICTgFMAJK DONALDSON ARCHITECTS
Donaldson, Principal
VMD/Ihp
Enc; VMDA 2007 Rate Sheet
Schedule
Monroe & Newell proposal
M-E Engineers proposal
Shaner Life Safety proposal
Justin Hildreth, P.E., Town Engineer
Shane Pegram, Project Manager
December 11, 2007
Page b
Authorization to Proceed with Desi_qn_Phase _Services
I, the undersigned, have read and understand this Letter Agreement dated December 11, 2007,
by and between The Town of Avon (the "Owner") and Victor Mark Donaldson Architects
("VMDA") and the undersigned hereby authorizes VMDA to proceed with the Base Mapping and
Design Phase Services portion of the work enumerated above by VMDA upon execution of this
endorsed Agreement.
On behalf of the Town of Avon:
Larry Brooks, Town Manager
Date
Authorization to Proceed with
Construction Documentation and Contract Administration Services
I, the undersigned, have read and understand this Letter Agreement dated December 11, 2007,
by and between The Town of Avon (the "Owner") and Victor Mark Donaldson Architects
("VMDA") and the undersigned hereby authorizes VMDA to proceed with the Construction
Documentation and Contract Administration Services portion of the work enumerated above by
VMDA upon execution of this endorsed Agreement.
On behalf of the Town of Avon:
Larry Brooks, Town Manager
Date
V
ON
ARCHITECTS
PROFESSIONAL FEE AND
REIMBURSEMENT RATES
FOR 2007
PROFESSIONAL TIME (per hour):
Mark Donaldson, Principal...........
Chris Juergens, Principal ..............
Project Manager ...........................
Project Architect ...........................
Project Coordinator ......................
Production Coordinator ...............
CADD Technician/Designer ........
Graphics/3d Modeling .................
Administrative ................................
REIMBURSEMENTS:
................................ $170.00
................................ $145.00
................................ $115.00
................................ $105.00
................................ $100.00
................................ $ 90.00
................................ $ 80.00
................................ $ 80.00
................................ $ 70.00
0048 E BEAVER CREEK BLVD
SUITE 207, P.O. BOX 5300
AVON, CO 81620
970/949 5200
FAX 949 5205
WWW.VMDA.COM
8.5" x 11 " photocopies.....................................................
$ 0.20 each
8.5" x 11 " photographic color reproductions ...............
$ 9.50 each
11 " x 17" photographic color reproductions ................
$16.00 each
8.5" x 11 " photographic glossy film color copies .........
$12.00 each
Long distance telephone charges ...............................................
cost
Federal Express, UPS, Express Mail delivery charges ..................
cost
U.S. Mail postage............................................................................
cost
Mileage...............................................................................
$ 0.485/mile
Reproductions - out of house .......................................................
cost
11 " x 17" bond copy..........................................................
$ 0.75 each
24" x 36" bond copy..........................................................
$ 3.00 each
30" x 42" bond copy..........................................................
$ 4.50 each
Traveland hotel..............................................................................
cost
Preliminary Avon Recreation Center Addition Schedule:
January 8, 2008
Council Meeting to approve Proposal
January 9, 2008
Commence design work
January 30, 2008
Submit preliminary design work to Town
February 12, 2008
Presentation of preliminary design work to Town Council
Presentation of preliminary budget (By Owner engaged consultant)
Town Council authorization of continuance of phased services
February 13, 2008
Commence Construction Documents
Design Review Board submittal/review process
March 11, 2008
75% Construction Documents for Review
Commence procurement of construction services
April 1, 2008
Receive construction services proposals
April 8, 2008
Review of construction services proposals
Provide recommendation to Town Council
April 22, 2008
Selection of General Contractor
May 15, 2008
Complete Construction Documents
Application for Building Permit
May 29, 2008
Receive Construction Schedule from GC indicating critical path items
July 15, 2008
Receive Steel Shop Drawings
July 31, 2008
Order Steel (this allows for 2 months)
October 1, 2008
Commence Construction
Monroc &A Newell
Monroe & Newell Engineers. Inc.
A Contract for the Provision of Structural Engineering Professional Services
Between Victor Mark Donaldson Architects, PC
PO Box 5300
Avon, CO 81620
and Monroe & Newell Engineers, Inc.
PO Box 1597
Avon, CO 81620
Dated December 6, 2007
For Avon Aquatic Center- Lobby Area Addition
Location Avon, Colorado
Scope of Services:
We propose to do the structural engineering for the referenced project including design, shop
drawing review and site observations as described below:
A. Design - Included in our engineering services will be design calculations and
construction documents. We will review and edit your standard specifications for
structural items, typing by your office. In the preparation of design and construction
documents, we will work closely with your office for consultation and coordination of
our structural drawings with architectural, mechanical, and electrical designs.
B. :Shop Drawing Review - After the contract has been let and material orders have been
placed, we will review shop drawings involving structural work, which are forwarded
to us.
C. Site Observations - During construction, we will provide consultation services for
structural questions, and we will make periodic observations to the site to observe the
general progress of structural construction. Approximately, five (5) site observations
are included in the fee arrangement below. Such observations will not be either
continuous or exhaustive and we assume no responsibility for failure of the contractor
to complete the structural portions of the project in accordance with applicable plans
and specifications and sound workmanship. We must be notified when critical
structural work has been completed and be allowed sufficient time to observe uncovered
work to make our observations.
2. Client Responsibilities:
We shall be supplied with the appropriate drawings including architectural, mechanical, electrical,
civil and site, and landscape in a timely manner as required for us to complete each phase of our
design and documents. We also need a project design schedule including dates for our required
completion of each project phase. We need to be advised on all schedule revisions.
Mo11
We need to receive, for our files, certification from the soils engineer that the foundation system, as
constructed, bears on proper soil as defined in the soils report. We shall be entitled to rely upon the
accuracy and sufficiency of all soils reports, recommendations, inspections, designs, certifications, test
results, and the like provided by others for the project and we assume no responsibility for the same.
At the conclusion of the design phase, we also need a final set of Contract Documents (specifications
and drawings) to complete our services.
3. Fee:
We will provide the aforementioned engineering services for a total fee of Eight Thousand Two
Hundred Dollars ($8,200.00).
4. Basis of Fee:
The design, construction documents, and construction administration for a second level addition in the
lobby area, a new exit stair, and a new entry canopy.
5. Reimbursable Expenses:
Actual out-of-pocket expenses incurred for reproductions, out of town travel expenses, long distance
toll charges and the like will be billed at our cost plus ten percent. Fees for additional services
beyond those mentioned above will be charged at our standard hourly rates.
6. Payment Schedule:
Statements for our services will be submitted monthly based upon the percentage of our completion.
Payments are due on the 25th day following the end of the month of the statement date. If payment
is not so made, interest will be payable on the unpaid balance at the rate of eighteen percent (18%) per
annum from the statement date and until paid. If collection efforts are undertaken or suit is filed to
recover monies due, you agree to pay all costs of collection, including reasonable attorney's fees.
7. Contract Term:
The fee arrangement fixed in this contract is based upon the completion of the engineering design
and construction documents phase of our services within six (6) months and the construction
observation phase within twelve (12) months thereafter. In the event, however, that we are
required, by reason of any delays or interruptions, to extend the period of our services beyond those
dates, our fees will be increased by an amount to be negotiated. The amount of our fee does not
allow for a "fast track" construction, but if such arrangement is required, our fee will likewise be re-
negotiated or adjusted.
8. Unforeseen Conditions: This Agreement does not include services that may be necessary or required
due to unforeseen conditions or changes in regulatory interpretations. Remodeling and/or
rehabilitation of an existing building(s) require that certain assumptions be made regarding existing
conditions. The Owner acknowledges and agrees hereto that exhaustive measurements of existing
conditions are not being performed as a part of this Agreement. Further, the Owner will be expected to
reveal any and all concealed conditions for inspection, especially as it relates to interior framing.
Some of these assumptions may not be verifiable without expending additional sums of money or
destroying otherwise adequate or serviceable portions of the building(s). Under the Agreement hereto,
Monroe & Newell Engineers, Inc. will provide structural documents. These documents do not
contemplate field verification of each and every existing condition by Monroe & Newell Engineers,
Inc. Therefore, the Owner is advised that a contingency fund should be carried to cover any and all
costs which may arise due to unforeseen conditions during design and construction.
Monroe S\ Nev ell
Additionally, the Owner agrees to. except for the sole negligence on the part of Monroe & Newell
Engineers, Inc. to indemnify and hold Monroe & Newell Engineers, Inc. harmless from any claims,
liability or costs arising or allegedly arising out of any unforeseen conditions to the extent permitted
by law.
Liability Allocation:
The engineer will not be responsible for and will not have control or charge of construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection
with the work, and he will not be responsible for the contractor's failure to carry out the work in
accordance with the contract documents. The engineer will not be responsible for or have control or
charge over the acts or omissions of the contractor, sub -contractors, or any of their agents or
employees, or any other persons performing any of the work.
This arrangement is solely between us and no other party may claim any rights or benefits under this
agreement. We will be responsible only for our services and not for any loss caused or contributed to
by the acts, errors, or omissions of others.
In recognition of the relative risks and benefits of the project to both the client and Monroe & Newell
Engineers, Inc, the risks have been allocated so that the Client agrees that, to the fullest extent
permitted by law, the total liability of Monroe & Newell Engineers, Inc. and all of its officers,
directors, employees, and agents to the client, for any and all injuries, claims, losses, expenses,
damages or claim expenses arising out of this Agreement, from any cause or causes, and irrespective
of legal theory or theories asserted, shall not exceed $500,000.00, the amount of the fee
(whichever is greater) or such other amount upon when added to this Agreement in writing. Such
causes and legal theories include but are not limited to Monroe & Newell Engineers, Inc. negligence,
errors, omissions, breach of contract, strict liability or breach of warranty.
10. Claims for Consequential Damages:
The Engineer and Architect waive consequential damages for claims, disputes or other
matters in question arising out of or relating to this Agreement.
11. Use of Engineer's Drawings, Specifications, and other Documents:
Drawings, specifications and other documents prepared by the engineer are instruments of the
engineer's service for use solely with respect to this project and, unless otherwise provided, the
engineer shall be deemed the author of these documents and shall retain all common law, statutory and
other reserved rights, including the copyright. The architect and owner shall be permitted to retain
copies, including reproducible copies, of the engineer's drawings, specifications and other documents
for information and reference. Submission or distribution of engineer's documents to meet official
regulatory requirements or for similar purposes in connection with the project is not to be construed as
publication in derogation of the engineer's reserved rights.
12. Design Reviews:
On occasion, the owner, contractor, lenders, governmental agencies or insurance carriers involved
with projects require independent engineering review or checks. We shall not be responsible for the
engagement or for compensation of the independent reviewer, or for any additional building costs,
engineering fees or other expenses that may result from compliance with the recommendations of
such independent review.
3
n
1
Monroe 8, Newvll
13. Promotion:
Should a project construction sign be used, we would desire that our firm's name be included as the
project's Structural Engineer.
If you are in agreement with the above, please return a copy signed by your authorized representative for our
files, and we will be available to proceed as required. The above will then govern our arrangements unless
otherwise modified in writing.
Submitted by,
MONROE & NEWELL ENGINEERS, INC.
Peter Monroe, P.E.
Principal
Accepted by:
Title:
IV
WE ENGINEERS, INC.
MECHANICAL AND ELECTRICAL
CONSULTING ENGINEERS
PROPOSAL
for
MECHANICAL and ELECTRICAL ENGINEERING SERVICES
DATE: December 5, 2007
CLIENT: Victor Mark Donaldson Architects
ENGINEER: M-E Engineers, Inc.
PROPOSAL
DURATION: Valid for sixty (60) days from the date submitted.
PROJECT: Avon Rec Center Renovation
DESCRIPTION: The Avon Rec Center is an existing facility originally constructed in 1992
located in Avon, Colorado. The lobby of the facility is a two story space
which communicates directly with the child care center and the front desk.
In order to increase the space available for offices and cardiovascular
workout areas, the lobby will be renovated to one level with a new floor
will be added in the upper portion of this space. Additionally, the existing
1,000 SF child care center will be converted into a 500 SF child care
space and 500 SF of storage space. It has also been suggested that an
expansion to the facility could occur in the future.
M-E Engineers has been requested to provide a proposal for mechanical,
electrical and plumbing engineering design and consulting services for
this new space.
BASIS: Meeting on October 18, 2007 and preliminary designs.
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAIL VALLEY LONDON
www.me-engine.ers.com NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 2 of 7
PART I. BASIC SCOPE OF SERVICES INCLUDED
The mechanical scope of work will include calculating the heating and cooling
loads for the entire structure. M-E will provide the design of the heating, cooling
and ventilation system to serve the new floorspace.
Plumbing system design will be provided as necessary to support the renovated
areas. A fire protection system performance specification will be provided.
The electrical design will include sizing of a new panel based on anticipated
loads in the new space. Power distribution and lighting per NEC requirements
will be provided. Specialty lighting design services are not included in this
proposal, but can be provided as an additional service if desired. Design
services for the fire alarm and smoke detection system will be provided.
The scope of work includes all revisions necessary to coordinate the MEP
systems with the architectural and structural plans and any revisions required
from the plan check. Any revisions required by changes to the architectural or
structural plans after the CD submission will constitute a change in scope and
are subject to additional fees.
PART II. DESIGN PHASE
1. Design the following mechanical systems:
a.
Heating, ventilating, and air conditioning.
b.
Interior plumbing.
C.
Fire sprinkler (performance specification).
2. Design the following electrical systems:
a.
Building lighting systems.
b.
Power systems.
C.
Fire alarm/smoke detection systems.
3. Design Period (SD through CD)
a.
Confer with the Client, other consultants and the Owner to define the
nature and scope of the work of the project.
b.
Review record drawings of existing systems.
C.
Visit site to generally become familiar with existing conditions.
d.
Prepare preliminary sketches, establish design criteria, approximate
space requirements, make tentative selections of mechanical and
electrical systems.
e.
Evaluate available utilities and systems information. Analyze site and
utility data furnished by the Civil Engineer. Coordinate data with utility
companies, the Client and other Consultants.
f.
Perform necessary code research to determine written code requirements
for the installation.
g.
Confer with the Client and others to determine final design fundamentals,
space and budget limitations.
h.
Prepare construction documents (working drawings and specifications)
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000
FAX: (970) 949-1959
LOS ANGELES
VAIL VALLEY LONDON
www.me-engineers.com
NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 3 of 7
which establish diagrammatically and in principle the extent, quantity and
quality of the work to be done, and the equipment and materials required
for the portion of the project designed by the Engineer.
i. Assist the Client and other consultants in coordinating the work of the
Engineer with other divisions of the design documents.
j. Assist the Client in preparation and submission of drawings and
documents for approval of agencies having jurisdiction over the project.
k. Reply to formal code authority review comments, if any.
I. Prepare energy code compliance statement for prescriptive envelope and
systems.
PART III. BIDDING OR NEGOTIATION PHASE (B/N)
Analyze requests for approval to bid equipment.
2. Answer questions referred by the client.
3. Assist in the preparation of addenda deemed necessary by the client.
PART IV. SUBMITTAL / SHOP DRAWING REVIEW PHASE
Review of shop drawings, coordination drawings, product data, samples, quality
assurance and quality control submittals, informational submittals, and
construction photographs.
PART V. CONSTRUCTION ADMINISTRATION PHASE (C/A)
Visit site periodically at appropriate stages during construction to observe
progress of work and prepare observation site visit reports. Such observations,
when they occur, will be scheduled to follow the weekly job meeting. Site visits
must be specifically requested by Client at least a week in advance. It is
anticipated there may be up to 6 (six) site visits.
2. Conduct a final observation in addition to routine site observations and prepare a
final punch list of items requiring completion or correction. The punch list site
visit will occur after M-E Engineers, Inc. receives the General Contractor's punch
list and balancing reports.
3. Visit site when necessary to resolve construction clarifications directly attributable
to the design. This may coincide with a routine site observation.
4. Furnish interpretation of the construction documents when requested by the
client to document resolution of construction and interference conflicts.
5. Assist in reviewing change orders.
6. Review of O&M Manuals.
7. Review of contractor prepared "field set" record drawings showing significant
changes made during construction.
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAIL VALLEY LONDON
www.me-engineers.com NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 4 of 7
SERVICES EXPRESSLY EXCLUDED or subject to Additional Services compensation include
but are not limited to:
• Analysis or design of site utilities beyond 5' of the building.
• Site utility survey or mapping.
• Detailed survey or mapping of existing conditions in or around the building.
• Planning or design for future expansions.
• Acoustical consulting work and calculations.
• Determination of projected energy costs, either of the base system or for comparison of
various systems. Life cycle cost analysis, financial feasibility or other related reports.
• Multiple designs to accommodate bid alternates.
• Preparation of documents for multiple bid or permit packages.
• Redesign if bids come in over budget other than where required as a direct result of
negligent design solely attributed to M-E Engineers.
• Design of generator equipment, fuel systems or diesel exhaust pipe for generator.
• Detailed construction cost estimating [beyond square foot costing and review of cost
consultant opinion of probable construction cost].
• Participation in formal value engineering (VE) meetings and/or redesigns.
• Preparation of CAD record drawings.
• Verification of contractors work and conditions of work installed by the contractor in
connection with review of "field set" record drawings.
• Commissioning of mechanical or electrical systems or coordination with a
commissioning agent.
• Design for or certification of LEED or other sustainability programs, including
coordination with certified sustainability consultants.
• Analysis of and documentation for energy code compliance for other than prescriptive
building envelope and systems.
• Using CADD standards or layering strategy other than M-E Engineers, Inc. in-house
tandards.
• Post occupancy evaluations and warranty troubleshooting assistance.
• Transfer of electronic files for use by parties other than the Architect, Owner and design
team consultants.
• Formal "Partnering" sessions.
• Meetings outside the Avon - Vail Valley area.
DESIGN CHANGES
e Minor design changes will be absorbed as a normal part of the design process.
Significant and multiple changes, including all changes after submission of documents,
will constitute a change of scope. If the scope of work should change materially from
that listed above, we will notify Client of the additional services required and provide an
estimate of their additional cost. Upon Client approval, the services will be provided and
billed at our standard hourly rates. Other services, including additional site visits, will be
billed at our standard hourly rates.
2007 WE ENGINEERS RAW HOURLY RATES
Principal $ 180.00
Sr. Associate $ 145.00
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAIL VALLEY LONDON
www.me-eng.ineers.com NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 5 of 7
Associate
$ 130.00
Project Manager
$ 115.00
Project Engineer
$ 100.00
Designer
$ 85.00
Cad Operator
$ 75.00
Admin Staff
$ 65.00
TIME SCHEDULE AND CONTINUITY
• Fees are based on the assumption the project will run without interruption. Protracted
delays beyond the Engineer's control of longer than 90 days, during design or
construction entitle him to negotiate an equitable adjustment in compensation for
termination or startup expenses.
• Fees are based on design services being completed within 6 months of project kickoff
and construction within 18 months of project kickoff. Delays beyond the schedule entitle
the Engineer to negotiate an equitable adjustment in compensation.
FEE FOR SERVICES
• BASIC DESIGN SERVICES will be performed for the lump sum fee of $ 8,000 as broken
down below. Construction Administration will be performed on a time and material basis
to an estimated topset of $2,000. In addition, reimbursable expenses will be billed
accordingly above and beyond the BASIC DESIGN SERVICE fee.
PA
FEE BREAKDOWN
.'DESIGN DEVELOPMENT (DD)
$4,500
CONSTRUCTION DOCUMENTS (CD)
$3,500
CONSTRUCTION ADMINISTRATION (CA)(T/M Est.)
$2,000
TOTAL
$10,000
CONSTRUCTION ADMINISTRATION SERVICES AND SITE VISITS will be performed
on a time and material basis.
• CADD RECORD DRAWINGS ("as -built") show significant field changes to construction
documents by transferring contractor red -line markups of mechanical and electrical
documents to construction documents. CADD RECORD DRAWINGS preparation may
be performed for an additional fee. At the end of the project, M-E Engineers, Inc. can
provide the client a fee proposal to develop CADD record drawings showing significant
field changes to construction documents, as prepared by the contractor in the form of a
"marked -up" field set.
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAIL VALLEY LONDON
www.me-engineers.com NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 6 of 7
• OPTIONAL START-UP PROCEDURES: M-E Engineers, Inc. will provide as an add
service extended start-up assistance and post -startup modified commissioning to the
owner for Construction Contract requirements pertaining to contractor start-up. Work will
involve observance and monitoring of contractor training of owner representative and
preparation of training documents, and presence during demonstrations of system(s)
operation after startup procedures are complete.
• Reimbursable expenses such as, travel expense, delivery, reproduction costs other than
routine design team coordination, and long distance phone calls shall be billed at their
actual cost of Engineer, plus 10%.
• Client shall provide Engineer with all architectural backgrounds, computerized in format
for use in AutoCAD 2005. If computer files are not provided, Engineer will CADD draw
architectural backgrounds on an hourly basis and charge client in addition to basic
services above.
• Client will provide Engineer, before site visits to observe existing systems, all available
accurate record drawings of existing systems; air and water balance reports; equipment
O & M manuals, existing as -built structural and architectural drawings.
INVOICING
• All payments shall have the M-E Project Number attached to them, and should be
mailed to M-E Engineers, Inc., 10055 W. 43rd. Ave., Wheat Ridge, CO 80033, Attn:
Accounts Receivables.
SUBMITTED BY ACCEPTED FOR
M-E ENGINEERS, INC. VMDA
MICHAEL P. DAY, PE (the client)
(the Engineer)
print name:
by: date signature: date
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAtL VALLEY NGELES
www.me-engineers.com ONDON
NEW YORK SAN DIEGO
KANSAS CITY
M-E Engineers, Inc. - Proposal — Avon Rec Center Renovation - Page 7 of 7
M-E ENGINEER'S TERMS AND CONDITIONS
The following Terms and Conditions and the initials required below are a part of this Agreement. M-E Engineers, Inc. shall perform the
services outlined in this agreement for the stated fee arrangement.
Access To Site:
Unless otherwise stated, M-E Engineers will have access to the site for activities necessary for the performance of the services. M-E
Engineers will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any
resulting damage.
Dispute Resolution:
Any claims or disputes made during design, construction or post -construction between the Client and M-E Engineers shall be submitted
to non -binding mediation. Client and M-E Engineers agree to include a similar mediation agreement with all contractors,
subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution
between all parties.
Billing/Payments:
Invoices for M-E Engineer's services shall be submitted, at M-E Engineer's option, either upon completion of such services or on a
monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 60 days, M-E Engineers
may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of
the service.
Late Payments:
Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then
unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of
collection, including reasonable attorney's fees.
Indemnification:
The Client shall, to the fullest extent permitted by law, indemnify and hold harmless M-E Engineers, his or her officers, directors,
employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and
defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under
this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of M-E
Engineers.
Certifications:
Guarantees and Warranties: M-E Engineers shall not be required to execute any document that would result in its certifying,
guaranteeing or warranting the existence of conditions whose existence M-E Engineers cannot ascertain.
Limitation of Liability:
In recognition of the relative risks, rewards and benefits of the project to both the Client and M-E Engineers, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, M-E Engineer's total liability to the Client for any and all
injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not
exceed $50,000. Such causes include, but are not limited to, M-E Engineer's negligence, errors, omissions, strict liability, breach of
contract or breach of warranty.
Verification of Existing Conditions Clause:
Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing
conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying
otherwise adequate or serviceable portions of the building, (the Client) agrees that, except for the sole negligence on the part of M-E
Engineers, Inc., (the Client) agrees to indemnify and hold M-E Engineers, Inc. harmless from any claims, liability or cost (including the
costs of defense) arising or allegedly arising out of the professional services provided under this agreement.
Termination of Services:
This agreement may be terminated by the Client or M-E Engineers should the other fail to perform its obligations hereunder. In the
event of termination, the Client shall pay M-E Engineers for all services rendered to the date of termination, all reimbursable expenses,
and reimbursable termination expenses.
Ownership of Documents:
All documents produced by M-E Engineers under this agreement shall remain the property of M-E Engineers and may not be used by
the Client for any other endeavor without the written consent of M-E Engineers.
245 CHAPEL PLACE, SUITE 200 DENVER
P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS
TEL: (970) 949-6000 LOS ANGELES
FAX: (970) 949-1959 VAIL VALLEY LONDON
www.me-engineers.com NEW YORK SAN DIEGO
KANSAS CITY
PO Box 1073, Frisco, CO 80443
970.409.9082; fax 720.294.9849
December 11, 2007
Mark Donaldson
VMDA
Avon, Colorado
Re: Avon Recreation Center (Proposal #1 of 2)
This proposal outlines the services to be provided by Shaner Life Safety for the Avon Recreation
Center.
The scope of work Shaner Life Safety will participate in is as follows:
Addition of square footage to the existing Recreation Center including the expansion of
the 2rd floor area for Cardio/Office, the addition of a new exit stair, and the conversion of
the Child Care program area to Storage/Filing.
Shaner Life Safety's services include:
1. Fire Protection System Design/Specification - Shaner Life Safety will provide design
services for the fire protection system based on the added/converted square footage for
the three areas described above. This service will include a performance specification
and design concept drawings.
2. Fire Alarm System Desian/Specification - Shaner Life Safety will provide design
services for the fire alarm system based on the added/converted square footage for the
three areas described above. This includes development of a performance specification
and design concept drawings.
Fees associated with the above mentioned scope are:
Design Phase: $2500
Construction Documents: $1000
Construction Administration: $500
Billing rates for Shaner Life Safety are:
Professional Engineer Services - $100 per hour
Design services - $75 per hour
CAD Drafting - $50 per hour
Please do not hesitate to contact me if you have any questions. Thank you for you time. I look
forward to working with you.
Sincerely,
Deborah L. Shaner, P.E.
Fire Protection Engineer
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Patty McKenny, Town Clerk
Date:
January 5, 2008
Re:
Resolution No. 08-03, Series of 2008
Summary: Resolution No. 08-03, Series 2008 is presented to Council for their approval of the four
locations used for posting the notices of public meetings.
Previous Council Action: The Town Council adopts this type of resolution on an annual basis as
required by Colorado Revised Statutes.
Background: The four locations have been as follows:
✓ Avon Municipal Complex, 400 Benchmark Road, Bulletin Board
✓ Avon Recreation Center, 325 Benchmark Road, Bulletin Board
✓ Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board
✓ Avon Public Library, 200 Benchmark Road, Front Area Bulletin Board
Discussion: Colorado Revised Statutes, Subsection 24-6-402 addresses the specific guidelines
involved with the open meetings law and posting notices. Notices must be posted at least 24 hours
prior to each meeting. Regular council meeting notices and planning & zoning meeting notices are
posted on the Friday before the meeting and emailed to Avon's distribution list of several hundred -
email addresses. In addition to the posting, the regular council meeting agendas are published in
the Vail Daily on the Monday before the Tuesday meeting. These posting locations are also used for
special meeting notices and public hearing notices for ordinances.
Town Manager Comments:
TOWN OF AVON, COLORADO
RESOLUTION NO. 08-03
SERIES OF 2008
A RESOLUTION APPROVING THE LOCATIONS
FOR POSTING THE NOTICES OF PUBLIC MEETINGS
Whereas, Local Public Bodies, including the Avon Town Council, are required by Subsection
24-6-402 (2)(c) C.R.S., to designate annually at the Town Council's first regular meeting of each
calendar year, the place at which notice will be posted at least 24 hours prior to each meeting.
NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS:
Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S.
shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the
following locations:
Avon Municipal Complex, 400 Benchmark Road, Bulletin Board
Avon Recreation Center, 325 Benchmark Road, Bulletin Board
Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board
Avon Public Library, 200 Benchmark Road, Front Area Bulletin Board
ADOPTED THIS 8T" DAY OF JANUARY 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer4k If'
Shane Pegram, Engineer II
Date: December 27, 2007
Re: Change Order 001 - Eaglebend/Stonebridge Streetscape Project
Summary: B&B Excavating has completed the Eaglebend/Stonebridge Streetscape Project.
Change Order 001 is to account for final adjustments in bid quantities and additional work that Town
of Avon engineering staff directed the contractor to complete. The additional work is for items that
were not included in the construction plans. Change Order 001 has been approved by the Colorado
Department of Transportation, which has contributed $171,290 to the project.
Discussion:
Change Order 001 (Exhibit A), items 1 thru 12, reconciles the as -built quantities with bid quantities.
Delivery/Batch tickets and field measured as -built conditions were used to calculate final
adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering
staff.
Change Order 001, items 13 thru 22, lists additional work that was not included in the original
contract. This work included additional irrigation, a new fire hydrant, additional asphalt milling, crack
repair, manhole work, landscaping and additional concrete sidewalk.
The project has only spent $1,312,000 and as a result total expenditures are $38,000 less than the
total project budget.
Financial Implications:
Project Budget is summarized as:
Current
Proposed
Construction
$1,160,000
$1,200,000
Engineering (Design)
$ 85,000
$ 85,000
Contract Administration
$ 15,000
$ 25,000
Project Administration
$ 5,000
$ 2,000
Contingencies
85,000
38,000
Total Project Budget
$1,350,000
$1,350,000
Recommendation: Approve Change Order 001 to the contract with B&B Excavating in the amount
of $39,834.92.
Proposed Motion: I move to approve Change Order 002 to the original contract with B&B
Excavating in the amount of $39,834.92.
Town Manager
NOTES:
Exhibit A — Change Order 001
• Page 2
CHANGE ORDER
Order No.: 001
Date: January 2 2008
Agreement Date: April 7, 2007
NAME OF PROJECT: Eaglebend Drive & Stonebridge Road Streetscape Improvements Project
Number 05-0033 Federal Aid Project Number STE M058-002 Project Code: 15245
OWNER: Town of Avon, Colorado
CONTRACTOR: Oldcastle Southwest Group, Inc. d.b.a. B&B Excavating
T
he following chanizes are herebv made to the CONTRACT DOCUMENTS:
Item
Item Description
Bid
Ouantity
Change
Order
Unit
Unit
Price
CO
Amount
001
Demolition
1.
2.3 Rotomilling
985
1294
SF
5.53
7,155.82
2.
2.6 Transplant Existing Trees
7
(7)
EA
1,727.95
(12,095.65)
3.
2.9 Relocate Existing Signs
7
3
EA
315.62
946.86
Roadway
4.
3.1 Unclassified Excavation
382
247.72
CY
35.02
8,675.04
5.
3.3 In -Place Embankment
146
6.55
CY
49.51
324.29
6.
3.6 6" Class 6 RB for Pedestrian Path
208
85.19
CY
92.20
7,854.52
7.
3.12 Asphaltic Concrete - Overlay
1,327
(513.23)
TON
85.61
(43,937.62)
8.
3.14 3" Asphaltic Concrete Ped Path
210
(13)
TON
110.55
(1,437.15)
9.
3.15 4" Double Yellow Centerline
1347
470
LF
1.51
709.70
10.
3.18 Preformed Plastic Stop Bar
2
2
EA
1,059.65
2,119.30
11.
3.19 4' Sidewalk Chase
1
(1)
EA
3,265.65
(3,265.65)
12.
3.26 Boulder Retaining Wall
40
221
FF
126.43
27,941.03
Utilities
13.
5.2 Relocate irrigation
1
1
LS
10,484.04
10,484.04
Additional Required Work
14.
Replace Fire Hydrant
0
1
LS
3138.52
15.
Asphalt milling of existing crown
0
1
LS
4,738.50
16.
Crack Repair (Milling and Petrotac
0
400
LF
17.05
6,820.00
w/patch)
17.
Manhole for ERWSD
0
1
LS
3,646.30
18.
Tree Replacement
0
12
EA
456.00
5,472.00
19.
Bush Replacement
0
8
EA
45.54
364.32
20.
Stonebridge - north and south sidewalk
0
1
LS
5,180.75
21.
Stonebridge - sidewalk prep
0
1
LS
2,500.00
22.
Eaglebend path and swale
0
1
LS
2,500.00
Total
39,834.92
CO-1
Justification:
1. 2.3 - Rotomilling - Staff requested additional rotomilling at each transition to remove
existing problem areas and provide a better quality transition from new to existing
asphalt.
2. 2.6 - Transplant Existing Trees - Existing trees were left in place as a result
transplanting trees was unnecessary.
3. 2.9 - Relocate Existing Signs_ Two signs at the bus stops and one traffic sign near the
intersection had to be relocated.
4. 3.1 - Unclassified Excavation - Additional poor quality soil had to be excavated along
entire northern curb and gutter and the entire south lane and bus stop at west end of
proj ect.
5. 3.3 - In -Place Embankment - Additional fill material was required to even out the
grading along the Stonebridge sidewalk into the surrounding area. The increase in
quantity was verified with delivery reports.
6. 3.6 - 6" Class 6 RB for Pedestrian Path - Additional road base was required to build a
shoulder for the pedestrian path. The increase in quantity was verified with delivery
reports.
7. 3.12 - Asphaltic Concrete Overlay - Original bid quantity for asphalt overlay was over
estimated. The decrease in quantity was verified with delivery reports.
8. 3.14 - 3" Asphaltic Concrete Pedestrian Path - Original bid quantity for asphalt
pedestrian path was reduced due to decreasing the path width from 10' to 9.
9. 3.15 — 4" Double Yellow Centerline - Staff requested additional striping at the east and
west end of project to match the new striping into existing striping, and across full length
of Stonebridge to HV Y 6 instead of only north of the bridge. Staff verified quantities.
10. 3.18 — Preformed Plastic Stop Bar - Stop bars were added at the Stonebridge/HWY 6
intersection and at the Stonebridge/Eaglebend intersection.
11. 3.19 — 4' Sidewalk Chase The four foot chase was eliminated from the project.
12. 3.26 — Boulder Retaining Wall - A boulder retaining wall was built along a larger
portion of the Eaglebend sidewalk than originally designed. This retaining wall allowed
several trees to remain in place, removed the need to build tree wells around several trees,
and removed the need to use more backfill to tie the new sidewalk elevation into the
surrounding area.
13.5.2 — Relocate Irrigation - Additional irrigation was required at both bus stops.
Irrigation did not exist in these areas, so new zones were required to irrigate both areas.
Exhibit A, page 1, is a copy of the receipt along with B&B's additional fee. The lump
sum of $10,483.98 is considered reasonable when compared to the following CDOT Cost
Data for sprinkler systems:
• 2005 project number HB 0821-075 average bid = $24,000 lump sum
9 2006 project number IM 0253-160 average bid = $10,831 lump sum
• 2007 project number STU 0831-094 average bid = $11,968.13 lump sum
CO-2
14. Replace Fire Hydrant - An additional fire hydrant had to be relocated and replaced.
Exhibit A, page 2, is a copy of the receipt along with B&B's additional fee. The lump
sum of $3,138.52 is considered reasonable when compared to the following CDOT Cost
Data for hydrant replacement:
• 2002 project number STA 119A-046 average bid = $6,300 each
• 2005 project number NH 6404-039 average bid = $3,824 each
• 2006 project number STA 086A-043 average bid = $4,295 each
15. Aphalt Milling of Existing Crown - The existing road crown from station 7+00 to 9+50
and the Eaglebend/Stonebridge intersection required milling to allow for shifting of the
road centerline. This required the return of a milling crew and approximately 200 square
yards of additional milling. Exhibit A, pages 3 and 4, is a copy of the receipt along with
B&B's additional fees. The lump sum of $4,738.50 equates to approximately $23.69/sq.
yd. of removal. This is considered reasonable when compared to the following CDOT
Cost Data for asphalt removal:
• 2007 project number SHE 5502-054 average bid = $65.28/sq. yd.
• 2007 project number HB 065A-019 average bid = $32.33/sq. yd.
• 2007 project number NH 0501-055 average bid = $26.50/sq. yd.
16. Crack Repair - Staff determined that the large transverse cracks on Stonebridge should
be milled, repaired and patched back prior to overlay to prevent the cracks from
reoccurring in the new overlay. Cracks were identified by staff and field measurements
were taken to verify the quantity of 400 LF at $17.05/LF. This quantity equates to 89
square yards of milling/ Petrotac fabric at $76.63/sq. yd. Also included within this fee is
400 LF of hot crack sealant. This is a reasonable number when compared to the following
CDOT Cost Data asphalt removal fees for projects with less than 100 sq yds removal
combined with geotextile paving and crack repair numbers:
• Asphalt removal
0 2007 project number SHE 1151-020 average bid = $115.50/sq. yd.
0 2007 project number STA 096A-038 average bid = $82.23/sq. yd.
0 2007 project number SHE R600-284 average bid = $65.25/sq. yd.
• Geotextile crack reduction
0 2006 project number C R600-283 average bid = $13.61/sq. yd.
0 2005 project number STA 340A-011 average bid = $13.50/sq. yd.
0 2005 project number C R600-246 average bid = $13.87/sq. yd.
17. Manhole for ERWSD - The existing ERWSD manhole on Eaglebend required removal
and replacing. This was additional work beyond the scope of the original bid documents.
Exhibit A, page 5, is a copy of the lump sum cost break down. The lump sum of
$3,646.30 is reasonable considering it was unplanned work and compared to the
following CDOT Cost Data for modifying manholes:
• 2007 project number NH 1602-099 average bid = $4,104 each
• 2007 project number SHE R600-248 awarded bid = $3000 each
• 2003 project number IM 0253-168 awarded bid = $4003 each
CO-3
18. Tree Replacement - Twelve additional trees (1.5 — 2 C) were planted along Stonebridge
to replace the large cottonwoods and spruce that were removed. The cost of $456 each is
considered reasonable when compared to the following CDOT Cost Data:
• 2007 project number STU 0831-094 awarded bid = $460 each
• 2007 project number STA 145A-041 awarded bid = $525 each
• 2006 project number STA 0881-019 awarded bid = $517 each
19. Bush Replacement - Eight additional bushes (5 gal) were planted on the west side of the
Stonebridge bus stop to replace the bushes/trees that previously screened the bus stop
from the existing basketball courts. The cost of $45.54 each is considered reasonable
when compared to the following CDOT cost data:
• 2007 project number STU 0831-094 average bid = $48.56 each
• 2006 project number IM 0703-293 average bid = $74.31 each
• 2005 project number C 0253-183 average bid = $54.00 each
20. Stonebridge North and South Sidewalk - Engineering made a field determination that
the existing asphalt walkway on both north and south ends of the bridge required
replacement to provide a safer pedestrian path onto and off of the bridge. This lump sum
covers Gallegos concrete work for the added sidewalk. Exhibit A, page 6, is a copy of the
Gallegos receipt along with B&B's additional fees. These fees are considered reasonable
when compared to the following CDOT Cost Data:
• Curb and Gutter Type 21B
0 2007 project number SHE 0931-027 average bid = $53.40/lf ($2,830)
0 2007 project number SHE 1151-018 average bid = $30.85/lf ($1,635)
• Sidewalk
0 2007 project number STA 109A-012 average bid = $157.84/sq. yd. ($5,524.40)
0 2007 project number STA 096A-038 average bid = $169.33/sq. yd. ($5,926.55)
0 2007 project number SHE 0931-027 average bid = $130.63/sq. yd. ($4,572.05)
21. Stonebridge Sidewalk Prep - This lump sum covers the required preparation work by B
& B Excavating at the north and south end of the bridge pedestrian path discussed in item
20. Exhibit A, page 7, is copy of B&B's breakdown of services. The total lump sum
costs for items 20 and 21, $5,180.75 and $2,500, totals $7,680.75. These totals include
work to complete 35 square yards of sidewalk w/ramp and 53 lineal feet of 2' curb and
gutter. This lump sum is reasonable considering it was unplanned work and when
compared to the following CDOT Cost Data:
• Sidewalk
0 2007 project number SHE 0931-027 average bid = $130.63/sq. yd. ($4,572.05)
0 2007 project number STA 109A-012 average bid = $157.84/sq. yd. ($5,524.40)
0 2007 project number STA 096A-038 average bid = $169.33/sq. yd. ($5,926.55)
• Curb and Gutter
0 2007 project number SHE 0931-027 average bid = $53.40/lf ($2,830)
0 2007 project number SHE 1151-018 average bid = $30.85/lf ($1,635)
0 2006 poject number NH 0821-076 average bid = $29.00/lf ($1,537)
CO-4
22. Eaglebend Path and Swale - This lump sum is for work required to create a swale from
the new 10' chase near the west bus stop to a drainage way. A portion of a path had to be
reconstructed to accommodate the swale. Exhibit A, sheet 8, is a copy of B&B's
breakdown of services. The lump sum of $2,500 is considered reasonable when
compared to the following 2007 CDOT Cost Data:
• Item 203-01515 Backhoe (Landscaping) average price = $108.23/hr
• Item 203-01590 Front End Loader (Rubber Tire) average price = $130.84/hr
• Item 203-02330 Laborer average price = $50.76/hr
• Item 203-01582 Truck (Dump) _ $112.03/hr
• Item 304-06000 Aggregate Base Course (Class 6) average price = $11.11/ton
The quantities found in Exhibit A, sheet 8 of 8, combined with the above rates are used to
calculate the following:
Mini ex. 3 hrs @ $108.23/hr = $432.92
Loader 2 hrs @ $130.84/hr = $261.68
Skid 3 hrs @ $108.23/hr = $324.69
Labor 18 hrs @ $50.76/hr = $913.68
Supervision 4 hrs @ $50.76/hr = $203.04
Trucking 3 hrs @ $112.03/hr = $336.09
Road Base . 10.16 ton @ $11.11/ton = $112.88
The sum of these is equal to $2,584.98
CO-5
Change to CONTRACT PRICE: $39,834.92
Original CONTRACT PRICE: $1,159,440.47
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $39,834.92
The new CONTRACT PRICE including this CHANGE ORDER will be $1,199,275.39
Change to CONTRACT TIME: N/A
Should Federal funds not be available to cover these additional costs, or the FHWA decide not to
participate in these costs, the Local Agency agrees to provide the required funds.
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
CDOT Approval:
Federal Agency Approval (where applicable):
CO-6
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer
Shane Pegram, Engineer II
Date: January 2, 2008
Re: Inter -Mountain Engineering — Redesign of Wildridge Road West Pedestrian Lane
Summary: Inter -Mountain Engineering (IME) has provided a proposal (Exhibit A) for base design
services required to add a pedestrian lane onto Wildridge Road West. This will update the
construction drawings prepared during 2007. IME's total base service fee is $4,320, and is not to be
exceeded without prior written approval.
Discussion: Intermountain Engineering was awarded design of the 2007 Street Improvements
and Wildridge Traffic Calming Projects. The original scope of work for the 2007 Wildridge Traffic
Calming Project included widening approximately 1,000 feet of Wildridge Road West and the entire
length of Wildridge Road East to include a pedestrian lane. Approximately 3,250 feet of Wildridge
Road West was originally excluded from widening for a pedestrian lane due to safety concerns with
sight distances.
Town Council directed staff to remove Wildridge Road East and West from the 2007 construction
schedule and investigate options for adding a pedestrian lane to the entire 4,250 feet of Wildridge
Road West in 2008. IME's proposal includes base services required to update their existing
Wildridge Road West plans to include a pedestrian lane along its full length.
Financial Implications: IME's total base service fee is $4,320, and is not to exceed this amount
without prior written approval. The 2008 Capital Improvement Budget includes $1,250,000 for the
Wildridge Loop Pedestrian Improvements.
Recommendation: Approve the IME proposal for base design services with a fee not to exceed
$4,320 without prior written approval.
Proposed Motion: I move to approve IME's proposal for base design services with a fee not to
exceed $4,320 without prior written approval.
Town Manager Comments:
NOTES:
Exhibit A — Inter-Mountian Engineering proposal, dated October 26, 2007.
nlnterMountain
AftEngineeringu&
Agreement for Professional Services
Project No: ,
Date: 10-26-07
This Agreement is made by and between Inter -Mountain Engineering, Ltd. Hereinafter referred to as "EVIE", and the
Town of Avon, Hereinafter referred to as "Client". All notices and communication from IME to Client are to be
addressed to:
Client: Town of Avon; Contact: Shane Pegram
Address: PO Box 975, 400 Benchmark Road, Avon, CO 80620
Phone: (970) 748-4114
e-mail: spegram@avon-org
Project:
By joining this agreement, Client retains IME to provide Professional services in connection with the following project.
Project Name: Wildridge Road East and West Improvements
Legal Description:
Street Address:
Basic Services:
IME agrees to provide the following Basic Services based on discussions' with Town staff: Utilizing previously
obtained topographic survey to, 1) prepare a plan to add 8-foot wide pedestrian lane adjacent to driving lanes on the
remainder of Wildridge Road West ($1,800); 2) identify areas along Wildridge Road West which will need curb and
gutter or additional drainage features because of space restraints ($1,080); prepare any necessary details and typical
cross -sections ($720); 4) prepare a preliminary opinion of construction costs for the proposed'improvements ($720).
Exclusions and Extras: Exclusions: 1) Specifications and Construction Documents, it is assumed that these will be
used from the 2007 Avon Street Improvements project; 2) any drainage anaylysis to calculate flow volumes.
Extra services will be defined prior to undertaking them. Such services will be completed on a time and materials basis
(in accordance with iME's current fee schedule) or for a fee acceptable to both IME and Client (when the scope of the
extra services is clearly defined).
Fee:
IME agrees to provide basic services included in this agreement for fee NTE $4,320.00 plus reimbursable expenses.
A copy of IME's fee schedule is attached.
Schedule:
It is expected that the services contemplated in this agreement will be completed within 4 weeks of authorization to
proceed. Services may commence based upon verbal authorization to proceed by Client; however, services may be
suspended without notice if this signed agreement is not returned within 10 days.
lof3 "49-
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MUME OfFce\IME Proposals\Avon-Wildridge Agreement for Professional Services 10-26-07.doc
Responsibilities of Inter -Mountain Engineerins. Ltd
IME will perform professional engineering and/or professional surveying services as specifiedunder "Basic Services" and when
authorized, "Additional Services
Responsibilities of Client:
Provide all criteria and full information as to the requirements of the project. Furnish all appropriate tests, reports, and surveys not
included in Basic Services. A Title Insurance policy shall be provided when a survey is included in Basic Services. EME shall be
entitled to rely upon the accuracy and completeness of such information.
Render approvals and decisions as .expeditiously as necessary for the orderly progress of MIE services.
Give prompt notice to ME of any development that affects the scope or timing of its services.
Coordinate the work of 11v1E with that of .others.
Give complete and careful consideration to services and recommendations provided by i1ViE.
Provide "Right of Entry" for BE and all necessary equipment. IME will take reasonable care to reduce damage to property, however, it
is understood that in the normal course of work, some damage will occur, the repair of which is not part of this agreement.
Delineate the location of all utility lines and subterranean structures within the property. WE shall not be responsible for damage
resulting from their incorrect location.
Compensation:
IME shall submit invoices to client monthly and a final bill upon completion of services. Invoices are due upon presentation, and past
due 30 days after the invoice date, client agrees to pay a service charge of 13/4 percent per month on past due accounts.
If it becomes necessary to enforce collection, client agrees to pay all costs of collection, including attorneys fees.
It is understood that estimates ofprofessional fees are based upon the preparation of designs, reports, or surveys for a single design
concept or site plan, and that charges to that concept or additional engineering required by governing agencies (except normal
"Redlines") shall constitute an increase in the scope of services. Additional Services ("Additional Services") shall be billed at the normal
billing rates for the individuals assigned to the work. No Additional Services will be provided without prior authorization.
Standard of Care:
Services of IME under this agreement will be performed in a manner consistent with that level of care and ski11 ordinarily exercised by
reputable members of the profession currently practicing under similar conditions in the .locality of the project.
WE liability for damages to client arising from negligent acts, errors or omissions, will be limited to an aggregate amount not to exceed
$50,000 or the total fee under this agreement, whichever is greater. This limitation shall apply to EVIE, its officers and employees.
Ownershiv of Documents:
All reports, drawings, specifications, notes and other documents prepared by MIE in the course ofproviding services are instruments of
service and shall remain the property of IME. These documents are not intended to be suitable for reuse on extensions of this project or
for use on any other project. Documents shall not be altered in any manner without the permission of 1ME.
Construction:
Client agrees to require the construction contractor to assume sole and complete responsibility for the construction of the project
including the safety of persons and property and the means, methods, techniques and sequences of construction.
If 11VIE is not providing .services during the construction process, client hereby agrees to contact WE if construction documents are
unclear or if errors or discrepancies are discovered. IME shall not be liable where client and/or contractor makes his own interpretations
of and/or revises the intent of the construction documents and design drawings.
If construction observations are provided, the term "Observation" .implies only that IME would observe the progress of the contractors
work, and perform tests, from which to develop an opinion as to whether the work essentially complies with the job requirements. Our
efforts shall be directed at providing the client with a greater degree of assurance that construction is proceeding in accordance with
project requirements. The presence of IME representatives will be for the purpose of providing observation and/or testing. MIE work
does not include
2of3
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MWvIE Office1I11M Proposals%Avon-wildridge Agreement for Professional Services 10-25-07.doc
supervision or direction of actual work of the contractor, his employees or agents. Neither the presence of RVIE representatives or their
observations or testing shall excuse the contractor in any way for defects discovered in his work.
Any opinions of project cost rendered by IME represents ifs best judgment and are famished for general guidance. DAE makes no
warranty as to the accuracy of such opinions as compared to bid or actual costs.
Soils and Materials:
Client recognizes that subsurface conditions may vary from those encountered at the locations where explorations are made, and that
data, interpretations and recommendations made by RVIE are based solely on the information available to it.
Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or near the project site and has
informed IME of any information or findings relative to the possible presence of such materials. Should unanticipated hazardous
material be discovered in the course of the perfonnance of services under the Agreement, such discovery shall constitute a changed
condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous
materials require RVE to take immediate measures to protect health and safety, Client agrees to compensate lME for costs incident to
taking such measures and for any equipment decontamination required. IME agrees to notify Client promptly when unanticipated
hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to
appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold EVM harmless from any and all liability
arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials.
Insurance•
IME and .it's employees are protected by insurance which meets or exceeds statutory requirements for Workman's Compensation, Public
Liability, Property Damage and Professional Liability. Certificates evidencing coverage will be provided upon request. Ila shall in no
event be responsible for any loss or damage beyond the amounts, limits and conditions of such insurance.
Miscellaneous -
This agreement shall be governed in accordance with Colorado law.
Services are for the exclusive use of the Client for this specific project. These services are not to be relied on by others without the
specific authorization of IME.
Neither party shall assign or transfer any interest in this agreement.
This agreement may be terminated by either party upon 7 days written notice to the other, in which case IME shall be paid for all
services provided up to termination, plus all additional cost incurred by WE due to said termination.
Acknowledgement:
CLIENT:
Authorized By:
Print Name: ShonePegram
Title: Engineer
Date:
INTER -MOUNTAIN ENGINEERING LTD.
40801 US Highway 6, Suite 203, Box 478 Avon, Colorado 81620
6551 S. Revere Parkway, Suite 165, Centennial, Colorado 80111
By: Robert R Yost, P.E,
Title: Project Engineer
Date: 10-26-07
3 of 3
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HMME Office\IME Proposals\Avoa-wildridge Agreement for Professional Services 10-26-07.doc
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June 2007
PROFESSIONAL FEES:
Principal Engineer
Project Manager
Senior Engineer
Project Engineer
Design Engineer
Field Engineer
Surveyor
Survey Crew without GPS/Robotics
2 Man Survey Crew with GPS/Robotics
1 Man Survey Crew with GPS/Robotics
Senior Technician
Technician
Technical Typist
Computer Processing
Photocopies
Blueprinting
Outside Services
Mileage @ $0.50 per mile
$135.00/hr
$115.00/hr
$100.00/hr
$90.00/hr
$80.00/hr
$75.00/hr
$100.00/hr
$135.00/hr
$155.00/hr
$130.00/hr
U0.00/hr
$70.00/hr
$40.00/hr
$65.00/hr
$0.15/each
$3.50/sheet
Actual Cost +15%
Schedule overtime (aft 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24
hours in advance on weekdays and on Thursday for weekends.
6551 S Revere Parkway. Suite 165 • Centennial. Colorado 80111 . 303 948 6220 • Fax 303 948 6526
40801 US Hwy 6 & 24, Suite 203 • PO Box 978 • Avon, Colorado 61620.970 949 5072 • Fax 970 949 9339 • Tou Free 800 856 2258
916 POlrner Street . SaDda, Cokxado 81201 •719 5M 1183 • Fax 719 5391183
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E., Town Engineer 9(G{tf--
Jeffrey Schneider, P.E., Project Engineer
Date: January 3, 2008
Re: Avon Station (Transportation Center) Change Order 001
Summary: This memorandum is to present Change Order 001 to the construction contract with
Oldscastle SW Group, Inc. dba B&B Excavating for the construction of the Transportation Center,
now known as Avon Station. The change order consists of adjustments to original bid quantities for
in -place construction quantities, and the addition of extra work ordered due to field conditions. Extra
items generally consist of additional excavation and fill import to address unsuitable subgrade
material, additional work due to conflicts with subsurface utilities, and additional work ordered in the
field by Town of Avon Staff including additional manhole work, irrigation sleeves, conduit, sidewalk,
etc. Change Order 001 is attached as Exhibit A to this memorandum.
Previous Council Action: The base construction contract with B&B Excavating was approved by
Town Council at the May 22, 2007 council meeting. At the July 24, 2007 council meeting, a change
order was presented to council for the installation of a temporary boiler system. The temporary boiler
system change order was rejected unanimously by council.
Discussion: Four items in the original construction bid are included in Change Order 001 as a
deduction from the original bid quantity. The four deductions consist of site walls, site concrete,
metal railing, and rebar/welded wire mesh. The site wall line item was reduced since actual site
conditions did not require walls adjacent to the Seasons property and adjacent to the at -grade
railroad crossing. The reduced railing and rebar/welded wire mesh quantities are a result of the
reduced wall quantities. Finally, the reduced site concrete quantity is due to the omission of a
concrete valley pan across the Seasons entrance that would have existed on a temporary basis.
Asphalt paving at the Lot 61 entrance is graded to function as a valley pan.
Numerous line items comprise the additional work included in Change Order 001. During Avon
Station construction in early June, 2007, unsuitable, organic material was encountered site -wide.
The material was documented by representatives from the Town of Avon, Hepworth-Pawlak
Geotechnical, Inc., and Ground Engineering Consultants. The soils encountered were very dark,
fine grained, and organic in nature. During a proof roll test, during which a fully loaded water truck is
utilized to qualitatively observe soil integrity, severe deflection was observed. The unsuitable
material encountered can pose several problems for overlying pavement surfaces, most notably,
susceptibility to expansion from frost. When underlying subgrade material expands, it typically
results in severe cracking of the concrete pavement surface. Excessive cracking can lead to further
moisture infiltration into the subgrade and further frost expansion until the pavement is structurally
weakened and substantially damaged. Therefore, the decision was made to remove and replace
1,820 cubic yards of material, with a budget impact of $122,809.
Some of the additional work items included in Change Order 001 addressed field adjustments to the
construction drawings. These items include: work associated with the infiltration system located
beneath the former Avon Town Square parking lot, additional grading due to a survey benchmark
error, and some additional concrete work, retaining wall, curb and gutter, and landscaping to allow
the new infrastructure installation to better interact with the adjacent properties.
Other line items in Change Order 001 are comprised of additional items ordered by Town of Avon
personnel in the field. Those items consist of, for example, additional traffic control board rental for
the 4th of July holiday, extra irrigation sleeves, extra conduit for future telecommunications/IT facilities,
a new irrigation clock, sign and banner relocation, and a new segment of sidewalk between the old
transit facility and Avon Station. Implementation of these line items is in response to field conditions
encountered during construction, which often differ from plan/survey conditions.
Financial Implications: Change Order 001 will add a total of $143,423 to the construction contract
with B&B Excavating. The original budget for the construction of Avon Station (CIP 14001) is shown
below:
Line Item
Budget
Construction
$ 2,708,276
Final Design
$ 85,000
Project Administration
$ 50,000
Utilities and Tap Fees
$ 45,000
Contingencies
$ 135,000
Total Project Cost
$ 3,023,276
The revised project budget for Avon Station construction, with the addition of Change Order 001 and
remaining line items adjusted for actual expenditures is shown below:
Line Item
Budget
Construction
$ 2,851,699
Final Design
$ 93,770
Project Administration
$ 14,228
Utilities and Tap Fees
$ 15,900
Contingencies
$ 47,679
Total Project Cost
$ 3,023,276
Note that Change Order 001 fits within the project budget and allows for a small remaining
contingency. Miscellaneous items to be included in the contingency budget include reflective tape
for bollards and the security camera system. Also, the Town expects to recover approximately
$2,733 in revenue from Eagle River Water & Sanitation District for work associated with sanitary
sewer manholes. An approximate $40,000 surplus is estimated at final project close-out.
Recommendation: Approve Change Order 001 to the Avon Station construction contract with B&B
excavating in the amount of $143,423.
Proposed Motion: I move to approve Change Order 001 to the Avon Station construction contract
with B&B excavating in the amount of $143,423.
Attachments:
Attachment A Change Order 001
Town Manager Comments:
0 Page 2
CHANGE ORDER
Order No.:001
Date: January 8, 2008
Agreement Date: June 8, 2007
NAME OF PROJECT: Avon Transit Center (Avon Station)
OWNER: Town of Avon
CONTRACTOR: Oldcastle SW Group, Inc. dba B&B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Deductions from plan quantities for site walls, concrete, railing, and rebar/welded wire mesh,
and additional work during construction in response to subsurface soil conditions, utility conflict
issues, and construction plan discrepancies.
Item
Description
Quantity
Unit
Unit Price
Total Price
E
Site Walls
(0.256)
LS
$ 137,500.00
$ 35,250.00)
I
Site Concrete
(0.0018)
LS
$ 608,298.40
$ 1,103.94
M
Suppl /Install Metal Railing
(0.36)
LS
$ 146,278.00
$ 52,067.00)
S
Rebar/Welded Wire Mesh
(0.12)
LS
$ 63,804.16
$ (7937.15)
1
Over Excavation/Stabilization/Add'1 Testing
1
LS
$ 122,808.82
$ 122,808.82
2
Remove Infiltration System
1
LS
$ 13,753.03
$ 13,753.03
3
Additional pipe at Site Wall
1
LS
$ 748.11
$ 748.11
4
Relocate San Sewer MH2, Benchmark Rd 4+25
1
LS
$ 2,183.00
$ 2,183.00
5
Traffic Control Board — 4tn of July Holiday
1
LS
$ 2533.45
$ 2533.45
6
Additional Grading due to Benchmark Error
1
LS
$ 3,643.00
$ 3,643.00
7
Reconfigure San Sewer MH1 Ad'. to Transit Shelter
1
LS
$ 3,283.47
$ 3,283.47
8
Extra Irrigation Sleeves
1
LS
$ 5,382.43
$ 5,382.43
9
Additional Site Wall Concrete
I
LS
$ 1,897.50
$ 1,897.50
10
Additional Light Bases along S. Retaining Wall
I
LS
$ 2,852.12
$ 2,852.12
11
Additional Spare Conduit Installation
1
LS
$ 9,400.55
$ 9,400.55
12
Asphalt — White River Ctr. Parking Lot Entrance
1
LS
$ 4,138.00
$ 4,138.00
13
Gas Line Riser trenching/installation -
I
LS
$ 775.00
$ 775.00
14
Additional Inlet — Valley Pan
1
LS
$ 4,169.60
$ 4,169.60
15
Concrete Masonry wall substitution on shelter
1
LS
$ 1,079.00'
$ 1,079.00
16
Irrigation Clock Substitution
I
LS
$ 6,780.94
$ 6,780.94
17
Paver Lock Border on Sidewalks
1
LS
$ 11,401.10
$ 11,401.10
18
Landscaping adjustments, East End of project
1
LS
$ 4,030.72
$ 4,030.72
19
Additional Sidewalk/Ramps from Old Trans Shelter
I
LS
$ 8,760.82
$ 8,760.82
20
Electrical Cabinet Enclosure — Trans Shelter
1
LS
$ 7,312.85
$ 7,312.85
21
Si na e Relocation/Banner Install
1
LS
$ 738.38
$ 738.38
22
Temp Shelter Prep/Form/Concrete
1
LS
$ 2,553.94
$ 2,553.94
23
Additional Paving (Roadway/Old trans. stop)
1
LS
$ 19,554.96
$ 19,554.96
Total
$143,422.70
CO-1
Justification:
Change Order 01 is required to adjust differences between plan quantities and bid quantities and
to include additional work requested during construction. The additional work is a result of
subsurface utility conflicts, inaccuracies in the construction plans, unsuitable soil encountered
during construction, and extra items such as conduit, irrigation sleeves, storm drainage, and
sidewalk ordered in the field by TOA personnel during construction.
Change to CONTRACT PRICE: $ 143,422.70
Original CONTRACT PRICE: $ 2,708,275.96
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 2,708,275.96
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$ 143,422.70.
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,851,698.66.
Change to CONTRACT TIME: N/A
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
CO-2
K 1=10
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E., Town Engineerl1
Jeffrey Schneider, P.E., Project Engineer
Date: January 2, 2008
Re: Avon Station (Transportation Center), Design Workshop Add Service #5
Summary: This memorandum is to present Design Workshop Add Service #5 for the Avon Station
project Landscape Architecture services. Add Service #5 is additional design work during
construction of Avon Station to reconfigure the center island landscape feature. Add Service #5 is
attached as Exhibit A to this memorandum.
Discussion: Add Service #5 consists of additional landscape architecture design services for the
center island landscape feature and was necessitated during construction of Avon Station. The
exact scope of Add Service #5 includes: three additional meetings with the Town and the
Contractor, researching additional rock quarries, reviewing available rock sizes provided by the
Contractor, and redesign of the rock features based on the available rocks. It is estimated that Add
Service #5 will total less than $2,200 including reimbursable expenses.
Financial Implications: Design Workshop Add Service #5 consists of landscape architecture
design fees of $1,900 plus reimbursable expenses. It is estimated that Add Service #5 will not
exceed $2,200. Add Service #5 is included in the Final Design line item of the 2007 Avon Station
project budget and is within the project budget. The Avon Station 2007 project budget (assuming
approval of Change Order 001) is shown below:
Line Item
Budget
Construction
$ 2,851,699
Final Design
$ 93,770
Project Administration
$ 14,228
Utilities and Tap Fees
$ 15,900
Contingencies
$ 47,679
Total Project Cost
$ 3,023,276
Recommendation: Approve Add Service #5 to the Design Workshop landscape architecture
contract for the Avon Station project not to exceed $2,200.
Proposed Motion: I move to approve Add Service #5 to the Design Workshop landscape
architecture contract for the Avon Station project not to exceed $2,200.
Attachments:
Exhibit A Design Workshop Add Service #5
Town Manager Comments:
r
October 29, 2007
Mr. Jeffrey Schneider
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
RE: Additional Service for the Avon Town Center West Transit Center
Dear Jeff
We appreciate the opportunity to work with the town over the last two years on the Avon Town
Center West Transit Center. It is great to see this project coming to fruition. We look forward
to the completion of the project so it can be the catalyst for future design efforts in the
redevelopment area.
As you are aware, during the construction process Gallegos was not able to source the stone
size that they bid on for the project. This has resulted in additional meetings and changes to
the design that was not originally anticipated in anyone's scope.
Therefore, this letter is a request for approval for an Additional Services of $1900 for work that
has already been completed, but not part of the scope of services for the Avon Town Center
West Transit Center in Avon, Colorado. We are basing this on specific requests and
contributions that are not in our contract, as outlined below:
I. Three additional meetings with Gallegos, B and B and the Town of Avon
II. Researching other quarries that may have stone sizes available as defined in the
original construction drawings that were bid and awarded to B and B in the late
Spring 2007.
III. Reviewing available stone sizes that Gallegos was able to source for the center
island environmental art piece
Iv. Redesign of the central island art piece around the available stone sizes and types
identified by Gallegos
By signing this letter, you are authorizing Design Workshop, Inc. to receive payment from the
Town of Avon, Colorado immediately for a fee of $1900. This fee does not include
reimbursable expenses (printing, photography, and travel) which will be billed at cost plus 15%
for handling.
The contract conditions of existing signed contract and agreement shall be binding on these
additional services unless modified herein
F:\PROJECTS_A-L\Avon Town Center Transit Center\A-Administration\Proposals and Contracts\add
service 103007.doc
Please call me at 970 948 4409 if you have any questions regarding this request for additional
services.
Sincerely,
DESIGN WORKSHOP, INC
Steven Spears
Associate
APPROVED BY CLIENT:
By: Date:
Title:
APPROVED BY DESIGN WORKSHOP:
caxo�
By: Date:10.29.07
Title: Principal
2
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: . RIVERFRONT PLAZA MANAGEMENT SERVICES
DATE: January 8, 2008
On the Council consent agenda is an Indemnification Agreement Regarding Lower
Plaza Management Services. The purpose of this agreement is to fully protect the Town in
connection with the performance of management services by Riverfront Village Hotel, LLC, as an
independent contractor of the Confluence Metropolitan District.
As is reflected in the recitals of the agreement, the District has determined that
operation and maintenance of the Riverfront public plaza and restrooms, the gondola area and
landscaping within Riverfront Lane will be performed by Riverfront Village Hotel, LLC, an East
West Partners entity. However, because the entity will be an independent contractor, staff has two
concerns. First, the entity will be working within a public right-of-way, causing liability issues.
Second, as a legal matter, the District cannot be held responsible by the Town for the negligence of,
or failure to perform by, an independent contractor.
The agreement is therefore necessary to protect the Town. It will do that by causing
the District to guarantee performance of services by Riverfront Village Hotel and by providing that
the District indemnifies the Town against any liability arising from the work done by that entity.
It is recommended that the agreement be approved for execution on behalf of the
Town.
JWD:ipse
INDEMNIFICATION AGREEMENT
REGARDING
LOWER PLAZA
MANAGEMENT SERVICES
(Lower Plaza & Gondola Footprint & Landscaped Areas)
THIS INDEMNIFICATION AGREEMENT REGARDING LOWER PLAZA
MANAGEMENT SERVICES (thus "Indemnification") is made and entered into as of the 1't day
of November 2007, by and between CONFLUENCE METROPOLITAN DISTRICT, a quasi -
municipal corporation and political subdivision of the State of Colorado (the "District'), and the
TOWN OF AVON, a Colorado home rule municipality ("the Town"). The District and the Town
may be individually referred to herein from time to time as a "Part ' and collectively referred to
herein as the "Parties".
RECITALS
WHEREAS, the District was organized and exists pursuant to and in accordance with the
provisions of §§ 32-1-101, et seq., C.R.S. for the purpose of providing certain public facilities and
services to the property within and without its boundaries; and
WHEREAS, the terms of that certain Consolidated Service Plan for the District, approved
by the Town on September 22, 1998, as amended from time to time, contemplates and authorizes
the financing by the District, and the construction, operation, maintenance and management by the
District, of certain public improvements, including without limitation, the construction, operation
and maintenance of a public plaza and related public restrooms, as shown on Exhibit A (the "Public
Plaza and Public Restroomsj, in accordance with and as further described in an Amended and
Restated Development Agreement (the "Development Agreement") entered into on March 14,
2006, by and between the Town and Avon Confluence, LLC, a Delaware limited liability company;
and
WHEREAS, the District and the Town entered into a Facilities Operation Agreement dated
March 14, 2006, (the "Operation Agent") whereby the District agreed to operate and maintain
the Public Plaza and Public Restrooms; and
WHEREAS, the Development Agreement additionally provides that the District may place
and maintain landscaping within the Hurd Lane briprovements, as that term is defined in the
Development Agreement, and the Riverfront Lane right of way, as shown on Exhibit S, (the
"Landscaped Areas'), subject to the consent approval of the Town; and
WHEREAS, at the time of execution of the Operation Agreement, all services being
provided by the District in accordance with its Consolidated Service Plan were and are as of the date
hereof, being furnished by independent contractors of the District; and
WHEREAS, the District presently does not intend to hire employees to perform the
District's obligations under the Operation Agreement with respect to the Public Plaza and Public
Restrooms, as well as the Landscaped Areas; and
WHEREAS, the Operation Agreement did not specify or limit the manner in which the
District was to perform its obligations under the Operation Agreement with respect to the Public
Plaza and Public Restrooms, as well as the Landscaped Areas; and
WHEREAS, the District therefore desires to engage RTVERFRONT VILLAGE HOTEL,
LLC, a Delaware limited liability company ("Manager") to perform management services in
connection with the Public Plaza and Public Restrooms, the exterior of the Gondola building and
surrounding areas, as shown on Exhibit C, (the "Gondola Footprint") and the Landscaped Areas;
and
WHEREAS, the District and Manager have entered into a Lower Plaza Management
Agreement ("the Management Agreement"), dated as of a copy of which is
attached hereto as Exhibit D; and
WHEREAS, the Operation Agreement did not contain any provisions relating to the
indemnification of the Town in connection with the performance of management services by
independent contractors of the District; and
WHEREAS, as the Town is not a party to the Management Agreement, the District has
agreed that it is fair and reasonable to provide certain indemnities to the Town relating to the
activities of the Manager under the Management Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as
follows:
1. CONTINUING OBLIGATION OF DISTRICT. Notwithstanding the
execution of the Management Agreement or any amendment thereto, the Operation Agreement
shall remain in all respects a continuing obligation of the District, and the District shall guarantee
the performance of management services by Manager. Any default of Manager shall be
considered a default of the District under the Operation Agreement (including, without
limitation, the failure of the Manager to secure the insurance required under Section IV of the
Management Agreement).
2. INDEMNITY. The District agrees, to the full extent permitted by law, to
indemnify and hold harmless the Town, its officials, agents and employees, from and against all
liability, claims, demands, and expenses, including court costs and attorney fees, on account of
any injury, loss, or damage, which arises out of or is in any manner connected with the work to
be performed by Manager.
3. NOTICES. Except as otherwise provided herein, all notices or payments required
to be given hereunder shall be in writing and shall be hand delivered or sent by certified mail, return
receipt requested, or air freight, to the following addresses:
Notices to the District: Confluence Metropolitan District
c/o Robertson & Marchetti, P.C.
28 Second Street, Suite 213
Edwards, CO 81632
With a copy to: Confluence Metropolitan District
c/o White, Bear & Ankele Professional Corporation
Attn: William P. Ankele, Jr.
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Notices to Manager: Riverfront Village Hotel, LLC
Attn: Andy Gunion
100 E. Thomas Place
Avon, CO 81620
With a copy to: Wear, Travers, and Perkins, P.C.
Attention: Rick Travers
1000 South Frontage Road West
Suite 200
Vail, CO 81657
Notices to the Town
With a copy to:
Town of Avon
Attn: Town Manager
P.O. Box 975
Avon, CO 81620
John W. Dunn
P.O. Box 7717
Avon, CO 81620
All notices or documents delivered or required to be delivered under the provisions of this
Agreement shall be deemed received one (1) day after hand delivery or three (3) days after mailing.
Either Party by written notice so provided may change the address to which future notices shall be
sent.
4. RECOVERY OF COSTS. In the event of any litigation between the Parties hereto
concerning the subject matter hereof, the prevailing Party in such litigation shall be entitled to
receive from the losing Party, in addition to the amount of any judgment or other award entered
therein, all reasonable costs, expenses and attorneys' fees incurred by the prevailing Party in such
litigation.
6. INSTRUMENTS OF FURTHER ASSURANCE. The Parties hereto each covenant
that they will do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged,
and delivered, such acts, instruments, and transfers as may reasonably be required for the
performance of their obligations hereunder.
IN W11NESS WHEREOF, the Parties have executed this Agreement as of the day and year
first above written.
Town:
TOWN OF AVON
Ronald C. Wolfe, Mayor
ATTEST:
Patty Mc Kenny, Town Clerk
District -
CONFLUENCE
MMTROPOLITAN
By:
Jlj� �� w ■rrrr'
ATTEST:
EXHIBIT A
Public Plaza and Public Restrooms
EXHIBIT B
Landscaped Areas
EXHIBIT C
Gondola Footprint
EXHIBIT D
Scope of Services
MAINTENANCE OF PUBLIC PLAZA AND PUBLIC RESTROOMS
Manager shall be responsible for maintaining and repairing the Public Plaza and Public
Restrooms, which shall specifically include, without limitation:
• Keeping the Public Plaza and Public Restrooms in a clean and unlittered condition;
• Removing when reasonable and necessary snow, ice and other debris.
• Repairing, replacing and renewing any and all other improvements incidental thereto,
including, but not limited to, furniture, bollards, planters, and snowmelt system
equipment, and keeping the same in good order, condition and repair.
• Fertilizing, weeding, replanting, hanging baskets, flower planting, sod and sod
replacement.
• Illumination, maintenance and repair of directories and signs.
• Landscaping replacement (irrigation system, trees, shrubs, sod, mulch).
• Irrigation of flowerpots
The standard of such maintenance and repair shall be in accordance with maintenance
standards for similarly situated first-class resort operations
MAINTENANCE OF LANDSCAPED AREAS
In accordance with direction from the District specifically provided, Manager shall augment
the Town's maintenance of the Landscaped Areas and shall furnish all labor, equipment,
accessories and material(s) necessary to perform the following grounds care and
maintenance services:
• Mowing all turf areas on a weekly basis at an approximate height of 3" during the
growing season. Mowing may vary in frequency when the turf is growing at a slower
rate. Clippings will be mulched and excessive clumps will be distributed or gathered and
removed. Grass catchers will be used when necessary and all clippings shall be swept or
blown from walk, and curb lines.
• At the time of mowing, all turf areas will be trimmed and edged, as necessary, so as to
present a well-groomed appearance.
• Removal of leaves, weeds, trash and debris, as necessary.
• Applications of fertilizer, in accordance with state and federal laws, as required.
• All turf areas core aerated in the spring.
• Aesthetic pruning of trees and shrubs, as necessary.
• Repairing and replacing, as necessary, sprinkler and irrigation equipment, and any and all
other improvements incidental to maintaining the Landscaped Areas in a neat appearance.
• Seasonal planting and removal of flowerbeds
The standard of such maintenance and repair shall be in accordance with maintenance
standards for similarly situated first-class resort operations and with the degree of skill and
knowledge customarily employed by other professionals performing similar services in the
area.
MAINTENANCE OF GONDOLA FOOTPRINT
Manager shall furnish all labor, equipment, accessories and material(s) necessary to perform
the following maintenance and upkeep of the Gondola Footprint:
EXHIBIT E
Facilities Operation Agreement
TOWN OF AVON, COLORADO
WORK SESSION FOR TUESDAY, JANUARY 8, 2008 AVON
MEETING BEGINS AT 2:00 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
Amy PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
2:00 PM — 3:30 PM 1. EXECUTIVE SESSION pursuant to CRS 24-6-402 (4)(b) conference with Town
Attorney for the purposed of receiving legal advice on specific legal questions
regarding pending issues related to the Village
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3:30 PM — 4:00 PM 3. ELECTION 2008 TOPICS AND DISCUSSION (John Dunn, Town Attorney, Larry
Brooks, Town Manager) Review of proposed ballot topics and special election
timeline
4:00 PM — 5:00 PM 4. EAGLE COUNTY SCHOOL DISTRICT SCHOOL SITE LOCATION DISCUSSION (Phillip
Onofrio, CFO, ECSD, Denny Hill, Strategic Resources) Review of School land/cash
dedication by the Village at Avon
5:00 PM — 5:15 PM 5. COUNCIL COMMITTEE AND STAFF UPDATES
a. Financial Matters Updates
5:15 PM 6. ADJOURNMENT
Avon Council Meeting.08.01.08
Page 1 of 4
Memo
To: Honorable Mayor and Town Council
cc: John Dunn, Town Attorney
From: Larry Brooks, Town Manager
Date: January 2, 2008
Re: Special Election 2008
Summary: `-`,
This memo addresses the conduct of a proposed special municipal election in 2008.
Previous Council Action:
There has been discussion related to the need for a charter amendment which addresses Section
18.3 of the Charter as follows:
Restrictions on Sale of Municipally -Owned Real Property. The Town shall not sell or dispose of
municipally -owned buildings or real property in use for public purposes without first obtaining the
approval of a majority of the electors voting thereon.
Background:
The Town Charter (Sections 7.2 and 18.6 respectively) gives the Council the power to submit at a
general or special election any proposed ordinance or question to a vote of the people as well as the
power to amend its Charter. In light of recently adopted Town Center West Plans which outlines the
proposed future development of west Avon, there has been discussion about amending the Town's
Charter related to section 18.3 - the sale of land.
Discussion:
The Town Council will decide on a date to hold a special municipal election.
After some staff discussions, the first Tuesday in May is suggested as an appropriate date to hold a
special municipal election addressing the °land disposal question". That date is Tuesday, May 6,
2008. The Town Council would consider a ballot question in the form of a resolution at least 60 days
in advance of the special election; no later than the February 26, 2008 meeting. This election would
be conducted as a polling place election. The proposed question is currently being drafted by the
law firm of Sherman & Howard and will be presented to Council in the near future. Exhibit A
Some discussion has also taken place related to a charter amendment initiative addressing term
limits. The attached summary addresses a petition initiative election timeline; the proposed May
date would not provide ample time necessary for the circulation and processing of the citizen
petition. If there is a citizens' initiative proposal on the term limit topic submitted, the Town Council
would also need to submit a question to the voters asking for approval to opt out of the State
Constitutional term limit requirements. Whether or not this petition moves forward is a decision to
be made by the citizen's interested in amending that section of the Town's charter. If it would move
forward, staff would suggest conducting one special election addressing all three questions at a
special election held the first Tuesday in June. Exhibit B
TOWN OF AVON, COLORADO 1/3/2008
PROPOSED SPECIAL ELECTION ON MAY 6, 2008
ELECTION CALENDAR
Avon's Municipal Charter
Title 31 Government Municipal, Article 10 Municipal Election Code
January Discuss proposed Special Elections shall be held on any Tuesday designated by ordinance or 31-10-108
dates for Special resolution fo the goveming body.
Election No special election shall be held wilhin the ninety days preceding a regular
election.
Laws governing Elections - Special and general municipal elections shall be Charter 3.1
govemed by the Colorado Municipal Election Code.
March 6 at least 60 days In Municipal Elections -Any special municipal election may be called by resolution Charter 3.2
advance of such or ordinance of the Council at least sixty days in advance of such election.
special election
EK\-16tt /6
TOWN of AVON, COLORADO v312008
PROPOSED SPECIAL ELECTION ON MAY 6, 2008
CITIZENS' INITIATIVE PETITION ELECTION CALENDAR
Tide 31, Government Municipal, Formation and Reorganbation
Tenn Limits
2008 Procedure to amend or repeal charter - 31-2-210
(1) Proceedings to amend a home rule charter maybe initiated by either of the following
methods: a) fling of petition or b) ordinance adopted by the governing body submitting
the proposed amendment to a vote of the registered electors
File statement of intent 0) petition process shall be commenced by filing "statement of intent" to circulate a
by mid January petition, signed by at least five registered electors
Circulate petition to not to exceed 90 the petition shall be circulated not to exceed ninety days from the date of filing of the
obtain 250 signatures by days from date of statement of intent and shall be filed with dark before the dose of business on the 90th
90 days prior to May 6, filling the Intent day from said date of filing
2008, approximately
Fabruary 6.2008
(II) the petition shall contain the text of the proposed amendment and shall slate whether
the proposed amendment is sought to be submitted at the next regular election or at a
special election. if the amendment Is sought to be submitted at a special election, the
petition shall state an approximate date for such special election subject to..........
(III) a petition to submit an amendment at the next regular election must be signed by at 5%
Mast five percent of the registered electors, registered on the date of filing the statement
of intent and must be filed with the dark at least 90 days prior to date of said regular
election.
Must receive petition the
must receive at least
(IV) a petition tD submit an amendment at a special election must be signed by at least 10%
first of February
90 days prior to
ten percent of the registered electors, registered on the date of filing the statement of
approximate date of
intent and must be filed with the dark at least 90 days prior to approximate date of
special election
special election
Certify signatures no
within 15 days
(3) the clerk shall, widen 15 working days after the filing of a petition pursuant to
later than middle of
paragraph a), certify to the governing body as to the validity and sufficiency of such
Februery (15 days)
petition.
Set ballot tide at
if the petition is sufficient, the governing body shall set a ballot title for the proposed
February 26, 20M
amendment at its next meeting.
meeting
Publish the notice
within 30 days of the
(4) the governing body shall, within thirty days of the date of adoption of the ordinance or
the first of March
filing of the petition
the date of filing of the petition (if the some is certified by the clerk to be valid and
(certified)
sufficient), publish notice of an election upon the amendment or proposal,
which notice shall contain the full text of the amendment or statement of the proposal as
contained in the ordinance or petition.
Election Day
not less than 30 nor
The elan shall be held not less than 30 nor more than 120 days after publication of
Mav 6, 2008
more than 120 days
such notice, except that, If the
TomdAai
P:QE13c975
40OBaxhTErkRoad
Awn, Ot acb 81620
VON 57a7484n
C O L 0 R A D 0
Office of the Town Manager
To: Honorable Mayor and Town Council
From: Lary Brooks, Town Manager
Date: January 3, 2008
Regarding: School land/cash dedication by the Village at Avon
Summary: We all know that discussions and actions taken regarding the school district
dedication obligations of the Village, have taken many turns over the years. From initial
efforts, which moved the school site from the originally planned area, to the most recent
efforts to determine the commercial and functional feasibility of the existing site, the topic
has seemed to continually grow in complexity.
Throughout this process, the Town council has been consistent in its mission to best serve
the needs of the School District and the Town of Avon as it continues to grow and develop
for the future. That commitment has been seen in the Town's participation in meetings held
by the School District over the years, as well as numerous public meetings in council
chambers with the developer of the Village and the School District.
Currently, the location proposed for the school site has been evaluated for the soils
conditions, topography and potential access implications. A geotechnical report, an action
plan for response to that report, and an eventual agreement between the parties that would
consummate the land transfer, are all set forth in Ordinance 06-17 (attached).
After careful review of the geotechnical report on the proposed site, the School District has
contacted us with the determination that the site is not acceptable to them, as seen in the
attached correspondence. They further suggest that they may want to consider cash in lieu
as set forth in the Town of Avon Municipal Code rather than consider an alternative site. We
now need to determine whether we should collectively select another alternative site that
meets the requirements of the School District, or consider the cash in lieu alternative as set
forth on the Town's Municipal Code.
After talking with the School District representatives, it seems to me that we are best served
if we hear from them directly about their thinking on this matter. We have invited the
attorneys for the developer of the Village as well, believing that we can more productively
determine a course of action in an environment of open communication between all the
parties affected.
1
• Page 2
Attachments (in sequence)
January 2, 2008
November 8, 2007 letter from School District rejecting site with supporting documents:
Table 2. Enrollment projections summary by school
September 14, 2007 letter to Ray Scott from Klipp Architecture Planning Interiors
September 14, 2007 Due Diligence Report on proposed site from Peak Land Consultants
September 25, 2007 letter to Ray Scott from Ground Engineering Consultants Inc.
November 16, 2007 letter to School District from Fire Protection District
October 2, 2007 letter to Justin Hildreth (Town engineer) from Ray Scott — Geotechnical
Engineering Study attached.
Excerpt from the 1998 Annexation and Development Agreement Article 4.3 (f)
Chapter 16.50 School Site Dedications Avon Municipal Code
Formal Amendment Number One to The Village at Avon PUD Guide and Ordinance 06-17
moving the School site and setting forth pertinent conditions in that regard.
LAN
P.O. BOX 740 • EAGLE, COLORADO 81631 • 970.328.6321 • FAX 970.328.1024
November 8, 2007
Avon Town Council
Town of Avon
PO Box 975
Avon, CO 81620
Re: Proposed Elementary School at The Village (at Avon)
Dear Members,
This is a clarification of the district's letter dated October 2, 2007 addressed to Mr. Hildreth. In that letter,
attached, we indicated that "it is entirely possible to build an elementary school on planning Area G, if the
following items have been addressed by the Developer:" Upon further consultation with educational staff,
Carol Gill-Mulson, Deputy Chief, ERFPD, Peak Land Consultants, Inc, Klipp Architecture and Ground
Engineering Consultants, Inc., and district construction personnel we have concluded that the site is
unacceptable for the following reasons:
1. The required retainer walls approximately 30 to 40 feet high creates safety hazard to children.
A fall from this height could easily be fatal. "...retaining wall will be required. The wall will
be approximately 600 feet long on the south and eastern property lines with a average height of
30 feet, and a maximum height of 40 feet at the southeastern property corner."
A protective fence would be required, but children still climb fences, and a fence is not
impenetrable. Balls and other playground equipment would go over the fence, enticing
children to climb the fence putting them into danger. We estimate the cost of the retaining wall
to be in excess of $2,000,000, a cost the district can not accept.
Access to the building is limited; fire vehicles could not directly access the West side of the
building creating the need for horizontal standpipes and a staging area, at additional costs,
further reducing available area for playing fields. There is only one access creating a pinch
point in emergency situations. "...there is only one road into the site and this should be
reviewed specifically for emergency access during heavy traffic conditions io
determine adequacy (such as during emergency evacuation)", Carol Gill-Mulson, ERFPD.
Mitigation of this issue will increase costs and likely reduce usable land.
3. Our prototype building would not work on this site. A re -design would be necessary. This will
have a significant dollar impact on the district, a cost not acceptable to the district. As well as
the costs for fill removal and replacement, storm water detention and retention off site. The
developer would bare these additional costs.
4. "Accessibility — With sites that slope this severely we have found a difficulty in accomplishing
site accessibility for ADA compliance, or the design has required us to implement aggressive
measures to accommodate lifts, ramps and retaining walls that are not typically anticipated in
the budgeting of prototypical schools.", Klipp Architecture.
3
EAGLE COUNTY SCHOOLS
EDUCATINO<TRRT KUOZNT FOR RUCCX** P.O. BOX 740 • EAGLE, COLORADO 81631 • 970.328.6321 • FAX 970.328.1024
5. It is not clear that the site meets the requirements of Karen Strakbein's letter dated January 3,
2006 for 80% of the site to have a slope of less than 10% and the balance having a slope of
20% or less. The site is smaller than our standard of 10 acres which could be mitigated if it was
a square site, rather than long, thin and steep. "...the site may not be large enough to
accommodate the other improvements proposed to be part of the elementary school facility
such as ball fields because of the existing slopes.", Ground Engineering Consultants, Inc.
Due to the inherent safety issues and excessive costs of making this site, at best, marginal for a school use,
the district will not accept this site.
Ideally the district would like ten (10) acres in a square configuration with minimal slope, utilities at the
property line, with road access. If this is not possible we would consider cash in lieu of land as allowed by
the Town of Avon ordinances. A discussion of cash in lieu of land is dependent on the results of an
ongoing study of district capacity due in January 2008.
Sincerely
04 kj-,v
Philip Onofrio
Chief Financial Officer
Eagle County School District
cc: Magnus Lindholm
u
TABLE 2. ENROLLMENT PROJECTIONS SUMMARY BY SCHOOL
Schools by High
School Feeder Area
Actual
2007
2008
Enrollment Forecasts
2009 2010 2011
2012
2013
Capacity
Battle Mountain High:
Elementary Schools
Avon
358
300
301
302
303
304
304
475
Edwards
444
319
324
325
325
326
336
430
Eagle County Charter K-5
192
192
192
192
192
192
192
192
June Creek
-
207
192
208
224
238
240
500
Meadow Mountain
166
158
158
158
158
158
158
300
Red Sandstone
206
211
213
209
209
205
207
400
Total BMHS Elementary
1,366
1,387
1,380
1,394
1,411
1,423
1,437
2,297
Middle Schools
Eagle County Charter 6-8"
96
Berry Creek Middle
301
Mintum Middle
189
BMHS Middle School Subtotal
586
Sr. High Schools
Battle Mountain High
738
Alternative (Red Canyon High)
101
BMHS Area HS Total 839
BMHS Area K-12 Total 2,791
Stone Creek Charter -- K-5
Stone Creek Charter -- 6-8
Eagle Valley High:
Elementary Schools
Brush Creek
Eagle Valley
Gypsum
Red Hill
Total EVHS Elementary
Middle Schools
Gypsum Creek Middle
Eagle Valley Middle
EVHS Middle School Subtotal
Sr. I-figh Schools
Eagle Valley High
E VHS Area K-12 Total
New America Charter School
District Total: (excludes Stone Creek Charter
Elementary
Middle
Senior High
Grand Total
District annual increase
StratVcResaems Wes4 Inc
181
34
96
96
96
96
96
96
96
305
294
290
285
287
287
550
167
160
145
148
150
146
425
569
551
531
529
533
529
1,071
729
735
740
722
709
694
825
81
76
78
86
85
87
80
811
811
818
808
795
781
905
2,766
2,741
2,743
2,748
2,751
2,748
4,273
215
242
252
259
260
260
58
59
59
67
80
86
400
419
447
485
495
530
542
500
282
286
298
325
334
325
324
455
322
341
334
351
354
370
376
450
397
450
501
534
543
567
579
450
1,401
1,495
1,581
1,694
1,725
1,792
1,821
1,855
333
315
329
329
395
412
426
525
271
291
304
306
340
380
431
550
604
606
633
635
735
791
856
1,075
678
696
718
717
735
760
785
775
2,683
2,797
2,932
3,046
3,196
3,343
3,463
3,705
39
90
115
150
150
150
150
2,767
2,883
2,960
3,088
3,136
3,215
3,259
4,152
1,190
1,174
1,184
1,166
1264
1,324
1,386
2,146
1,556
1,597
1,644
1,685
1,693
1,705
1,717
1,680
5,513
5,653
5,788
5,939
6,094
6,244
6,361
7,978
140 135 152 154 151 117
1.1212008
9
September 14, 2007
ARCHITECTURE* PIANNINGY INTERIORS
Mr. Ray Scott
Director of Construction
Eagle County School District
PO Box 740
Eagle, CO 81631
RE: Proposed Elementary School Site at The Village (Avon)
Dear Ray,
Per your request, I have reviewed the proposed school site, located within The Village (at Avon) PUD Development
Plan, and would provide the following comments regarding its viability for use; assuming the -current ECSD____
Elementary School prototype design.
1. General Observation - Based upon a site visit on Sept. 6, 2007, the site will have to be graded extensively (i.e.
exporting of dirt) to create tiers for the building pad and play area. Our observation was based upon the site
extending from the 1-70 to the existing irrigation ditch with on anticipated building pad elevation of 7636.
2. Building Orientation — The preferred orientation for the building would be to have the classroom wing along an
east/west axis, this would allow for maximum energy efficiency and daylighting. This would provide an east or
west facing entrance. Given the topography of the land, this orientation would be perpendicular to the primary
length of the contours and create cross slope issues along the front of the building.
An optional orientation would be to arrange the building in a manner the classroom wing steps down the site,
however this creates a north facing entrance and parking area. Allowing the classroom to step up the hill would
put the classrooms closer to the highway noise.
3. Playfields — Typically we recommend a 2-2.5% slope for fields. Given the grading of the site extensive grading
would be required and possible the access road may bisect the building and playfields.
4. Accessibility — With sites that slope this severe we have found a difficulty in accomplishing site accessibility for
ADA compliance, or the design has required us to implements aggressive measures to accommodated lifts, ramps
and retaining walls that are not typical anticipated in the budgeting of prototypical schools.
5. Site Area — The information we received indicates a letter from ECSD requesting 7.3 acres with minimum slope;
without a scalable drawing I cannot verify this has been provided. We concur with this line of request and
recommend the acreage requirement increase to 8.5 acres, based upon recent modification to the school floor
plan (additional Kindergarten classrooms) with minimal slope ideal.
In conclusion, if the District intends to utilize this site for an elementary school site, the existing prototype design
would require modifications/re-design to be adapted assuming a finish floor elevation of 7636. If the grading
klipp
Writer Square, 1512 Lorimer Street, Bridge level Denver, Coiorado 80202 303.893 1990 tel 303 893.2204 fax www.klipparch.com
ECSD - proposed ES Avon site
2of2
was performed to provide a minimal sloping site area of approx. 7.3 acres the current design could be adapted
with lesser degree of modifications. It is our opinion, given the extensive slopes of the site, the proper design
organization for a school on this site would be a linear concept which parallels the contours of the existing grades
(east/west). Please call with any questions or comments.
Sincerely,
D�reg Crom
Prin
klipp
Writer Square, 1512 Lorimer Sneer, Bridge level Denver. Coiorodo 80202 303 893 1990 tel 303 893.2204 Lax www.klippatch.com
7
PEAK LAND CONSULTANTS, INC.
PEAK LAND SURVEYING, INC. 970.476-8614. FAX 970 47�8616
PEAK CIVIL ENGINEERING, INC. 1000 LIONS RIDGE LOOP
VAIL. CO 816S7
Due Diligence Report
Proposed Elementary School Site at The Village at Avon (Lot G)
Prepared for:
Ray Scott, Director of Construction
Eagle County School District
Prepared by:
L. Mark Luna P.E.
SW E. Nelson, E.I.T.
Peak Civil Engineering
September 14, 2007
Peak Civil Engineering has been retained to investigate the feasibility of the proposed elementary
school site at the Village at Avon (lot G). Peak will evaluate the property from an engineering
perspective while considering the needs for June Creek Elementary School and the Geotechnical
Engineering Study that was completed for the site.
Background
Traer Creek, LLC has requested to relocate the school site, planning area G, from planning area
RMF-1 to planning area D within the Village at Avon PUD. The Town of Avon (TOA) has
approved an ordinance (no. 06-17), with conditions, to approve this PUD amendment. If the
property owner (Traer Creek, LLC) determines that it is feasible to comply with the conditions it
shall execute a written agreement with the TOA and the Eagle County School District (ECSD) to
convey the site to the TOA in accordance with the criteria outlined in the ordinance. Peak has
not reviewed the feasibility of the site in regards to the criteria required by the Town of Avon
(TOA) subdivision review criteria, the design and improvement standards of the Village at Avon
PUD Guide, or the terms and conditions of the Village at Avon Annexation and Development
Agreement.
Prototype Elementary School Evaluation
June Creek Elementary is considered a prototype elementary school. It Is being constructed on a
10 acre lot. It includes a bus loop, an elementary school parking lot, a pre-school parking lot,
playgrounds, ball fields and a building footprint of approximately 50,000 square -feet. Peak has
reviewed the feasibility of including all of the same amenities on the 7.3 acre site and determined
C:\DOCUME—I\rscott\LOCALS-1\Temp\fcctemp\20070914 Due Dilligence.doc
that, due to the lot size, it will be impossible to include the same amenities on lot G. The school
layout should be redesigned to fit within lot G.
Site Feasibility
HP Geotech's Geotechnical Engineering Study states that the ground floor elevation of the school
should be approximately 7,636 feet. This elevation coincides well with the Interstate 70 (I-70)
right-of-way line elevations, thus eliminating the impact and drainage concerns for I-70.
Attaining this elevation will require cut depths up to about 25 feet and there could be substantial
fill at the south-eastern side of the lot. Even though this works well with I-70, significant walls
will be needed on the southern and eastern lot lines as discussed further below.
Peak has looked at the preliminary access road grades. It appears that it is feasible to construct
the road within the Town of Avon's specifications (less than 8%). With the finished floor
elevation and roadway constraints there will be an elevation difference of approximately 50 feet
at the southeastern corner of the lot, therefore, retaining walls will be required. The walls will be
approximately 600 feet long on the south and eastern property lines with an average height of 30
feet, and a maximum height of 40 feet at the southeastern property corner.
Peak has reviewed adjusting the finished floor elevations and evaluated the associated site
impacts. If the finished floor elevation is lowered, it would decrease the size and length of the
retaining walls on the southern side; however, It would-M-crease potential confiFM with the
interface with the I-70 right-of-way, including retaining walls, drainage and permitting/approval
issues with the Colorado Department of Transportation and the Federal Highway Association.
There are no benefits to raising the Geotech's proposed finished floor elevation.
Pursuant the Geological Engineering Study, most of the site has been graded from previous
gravel pit operations and placement of fill during the construction of the Village at Avon
infrastructure. The fill is mostly located on the southern and southwestern parts of the hillside
and in the location of the proposed access road. Therefore, development of this site may require
considerable fill removal and replacement depending on its location.
rains
The proposed lot G is located at a high point relative to the adjacent parcels. It appears that
handling the drainage will not be a problem; however, due to the steep grades and the lot size, it
may be difficult to store storm water detention/retention onsite. When the adjacent parcels
develop it may be prudent to evaluate the drainage from all of the parcels collectively.
Utilities
ECSD letter dated Jan. 3, 2006, requests that all utilities be delivered to the school site boundary
at the developer's expense.
C:\DOCUME—I\rscott\LOCALS-1\Temp\fcctemp\20070914 Due Dilligence.doc
6
r
September 25, 2007
Subject: Third Party Review of
Geotechnical Report, Proposed Elementary
School Site at The Village (Avon)
Mr. Ray Scott
Eagle County Schools
P.O. Box 740
Eagle, Colorado 81631
Dear Mr. Scott:
At your request, GROUND Engineering Consultants, Inc. (GROUND) has reviewed the
report prepared by HP Geotech, Geotechnical Engineering Study, Proposed Elementary
School, Lot 1, Filing 1, The Village (at Avon), Avon, Colorado. Job No. 106 0956,
prepared for Traer Creek — RP, LLC, dated February 20, 2007: That report. makes
reference to a previous HP Geotech report dated December 30, 1997, Job No. 197 436.
The December 30, 1997, report has not yet been made available to GROUND. We
understand that if the subject site is selected, present plans call for construction of
school building surrounded by playgrounds, ball fields, and pavements including parking
areas, driveways and a bus loop. Our comments regarding the February 20, 2007 HP
Geotech report are provided below.
HP Geotech's February 20, 2007, report appears to be complete and typical of
geotechnical reports prepared for sites in the project area at this time. It provides
reasonable geotechnical recommendations based on the information available to them
and the proposed construction.
We understand that the proposed site is approximately 7.3 acres in area. It lies south of
Interstate 70 on ground that descends southward toward E. Beaver Creek Boulevard.
Based on the information provided in the HP Geotech report. the site is underlain by
significantly varying depths of fill consisting of clayey sand / sandy clay with gravel and
cobbles. Reported fill depths ranged from 3 to 25 feet. The fill soils were underlain by
native clays with gravel and cobbles. Only limited potentials for expansive soils heave
were reported. Neither bedrock nor groundwater was encountered. Based on proposed
finished floor elevations that will require removal of the majority of the existing fill soils
ENGINEERING {CONSULTANTS It•vC.
'01A Airpark Dr., Und % PO Box 464, Gypsum, GO 31637 Phone (970) 524-0720 Fax (970) 524-0721 www.grourweng.c,ow
Office Locations: Englewood ' or-ir9erce C'tv Love!a-d
/Q
Third Party Review of Geotechnical Report
Proposed Elementary School Site at The Village (at Avon)
Page 2 of 2
beneath the building footprint, HP Geotech recommended that the school building be
supported on shallow foundations bearing on a limited depth of newly placed fill soils.
Based on the data included in the February 20, 2007, report, GROUND agrees that the
site appears suitable for the proposed school building structure, and that the building can
be supported on shallow foundations if the associated risks of post -construction
movements are understood, and the geotechnical recommendations in the report are
implemented effectively in design and construction. However, site may not be large
enough to accommodate the other improvements proposed to be part of the elementary
school facility such as ball fields because of the existing slopes. Utilization of much of
the site likely will require relatively deep cuts or fills. Deep cuts will require supporting of
the resultant slopes with retaining structures. Retaining structures likewise may be
needed along the property margins or elsewhere if significant fills are placed, depending
on final site grades. These structures will occupy portions of the site and add to the
Project construction costs. GROUNEY-recommends that these factors, as related to site
layout and use be considered in site selection.
We trust that this provides the information that you needed at this time. If you have any
questions, please contact this office.
Sincerely,
GROUND Engineering Consultants, Inc.
Za C. St. Jean Reviewed by James B. Kowalsky, P.E.
Memorandum
To: Elizabeth Koontz, Eagle County Schools
From: Carol Gill-Mulson, Deputy Chief, ERFPD
Date: 11 /16/2007
Re: School Site, Traer Creek
As we discussed during our meeting regarding the proposed school site, access to
the property is not ideal but could work with some modifications. Based on the
footprint of the building and site constraints, access may be limited to the west side
of the structure. Horizontal standpipes and a staging area would be required to get
water to the east. This is assuming the building has a fire sprinkler system and is
monitored.
Additionally there is only one road into the site and this should be reviewed
specifically for emergency access during heavy traffic conditions to determine
adequacy (such as during emergency evacuation). Other issues may also surface as
the project is better defined.
Please give me a call at 970-748-4741 if there are any additional questions or
concerns.
EAGLE COUNTY SCHOOLS
aovcwru.aavanrsrucaMrroseuccass P.O. BOX 740 • EAGLE, COLORADO 81631 • 970.328.6321 • FAX 970.328.1024
October 2, 2007
Justin FEldreth
Town Engineer
Town of Avon
PO Box 975
Avon, CO 81620
Re: Proposed Elementary School at The Village (at Avon)
Dear Mr. Hildreth,
In response to your letter dated August 14, 2007, taking both Architecture and Engineering reports into
consideration, it is entirely possible to build an elementary school on planning Area G, if the following items
have been addressed by the Developer:
1. As per letter dated January 3, 2006 by ECSD, the following conditions are in place
a. Slope to be as stated in our letter to the Town of Avon Council Members
b. Utilities delivered to school site boundary
c. Road access
d. 7.3 fully useable acres
2. Retainer walls are build by developer at the south and east property lines to allow for proper grading
of the lot (approx 600 cf / 30-40 feet high)
3. Our prototype building would not work well on this site. A re -design would be necessary. This will
have a significant dollar impact on the district.
4. Development of the property may require considerable fill removal and replacement as most of the
site has been graded from previous gravel pit operations and placement of fill during the construction
of The Village at Avon infrastructure. The cost of fill removal and replacement to be bom by the
Developer.
5. It will be difficult to store storm water and detention /retention on site. Accommodations for this will
need to come from the developer to the Town of Avon in an agreement acceptable to and
transferable to the Eagle County School District.
6. First floor elevation to remain as approximately 7,636 feet described in the soils report by Peak Land
Consultants.
Plea call me at 970-328-4833 'f you a questions.
a Scott
ECS Director of Construction
cc: Magnus Lindholm
/3
G(�� b1tech
HEPWORTH-PAWLAK GEOTECHNICAL
Fmir
Hepworth-Pawlak Geotechnical, Inc.
5020 County Rcuid 154
Glenwood Springs, Colorado 81601
Phone:970-945-7988
Fam 970-945-8454
email: ltpgeo®hpgeotech.com
GEOTECEMCAL ENGINEERING STUDY
PROPOSED ELEMENTARY SCHOOL
LOT 1, FILING 1, THE VILLAGE (AT AVON)
AVON, COLORAIDO
JOB NO.106 0956
ff EB18UA1tY 20, 2007
PREPARED FOR:
TRA,ER CREEK — RP, LLC
ATTN-. MAGNUS LINDHOLM
P. O. SOX 640
VAIL, COLORADO 91658
Parker 303-841-7119 C Colorado Springs 719-633-5562 a Silverthorne 970-468-1989
I[f.
TABLE OF C®NMN TS
PURPOSE AND SCOPE OF STUDY............................................................................- I -
PREVIOUSREPORTS...................................................................................................-1-
PROPOSED CONSTRUCTION...................................................................................... 2
SITECONDITIONS........................................................... --......................................- 2-
GEOLOGICCONDIITIONS........................................................................................... 3-
FIELDEXPLORATION.................................................................................................. 3-
SUBSURFACE CONDITIONS...........................................................................--.......... 4-
ENGINEERINGANALYSIS.......................................................................................... 5-
DESIGN RECOMMENDATIONS...........................................----................................... 5-
FOUNDATIONS.......................................................................................................... 5-
FOUNDATION AND RETAINING WALLS............................................................. 7-
FLOORSLABS..........................................................................---.............................. 8 -
UNDERDRA.IN SYSTEM..........................................................................................- 9-
SITEGRADING........................................................................................................ I 0 -
SURFACEDRAINAGE ............................................................................................ I 1 -
PAVEMENT SECTION TIIICKNESS...................................................................-1 I
LIMITATIONS..............................................................................................................12 -
FIGURE I - LOCATION OF EXPLORATORY BORINGS
FIGURES 2 - 5 - LOGS OF EXPLORATORY BORINGS
FIGURE 6 - LEGEND AND NOTES
FIGURES 7 -1 l - SWELL -CONSOLIDATION TE�T,RESULTS
TABLE I- SUMMARY OF LABORATORY TEST RESULTS
Is
PURPOSE AND SCOPE OF STUDY
This report presents the results of a geoteclunicai engineering study for a proposed
elementary school to be located on Lot 1, Filing 1, The Village (at Avon), Avon,
Colorado. The project site is shown on Figure 1 and is in Planning Area G of The Village
(at Avon) development. The purpose of the study was to develop recommendations for
the foundation and site grading design. The study was conducted in accordance with our
proposal for geoteclinical engineering services to Traer Creek — RP, LLC dated October
26, 2006. We provided interim findings of our study in a letter dated December 11, 2006,
A field exploration program consisting of exploratory borings was conducted to obtain
information on the subsurface conditions. Samples of the subsoils obtained during the
field exploration were tested in the laboratory to determine their classification,
compressibility or swell and other engineering characteristics. The results of the field
exploration and laboratory testing were analyzed to develop recommendations for
foundation types, depths and allowable pressures for the proposed building foundation.
Recommendations for the site grading and pavement section thickness designs are also
provided. This report summarizes the data obtained during this study and presents our
conclusions, design recommendations and other geotechnical engineering considerations
based on the proposed construction and the subsurface conditions encountered.
PREVIOUS REPORTS
Hepworth-Pawlak Geotechnical previously performed a preliminary geotecluucal study
for The Village (at Avon) development then known as Vail Valley Centrd submitting our
findings in a report dated December 30,1997, Job No. 197 436. The study included
review of the geologic conditions and geologic constraints that may impact development
of the site. That report has been reviewed and considered in the preparation of this report.
Job No. 106 0956
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PROPOSEAD CONSTRUCTION
The school will be a one and two story steel frame and masonry structure located on the
site as shown on Figure 1. Ground floor will be slab -on -grade at an elevation of about
7636 feet. Grading for the structure will require cut depths up to about 25 feet and there
could be fills up to about 20 feet deep at the southern side. There will be an access drive
to the school from Post Boulevard that will also require considerable grading, with cuts
and fills up to about 15 to 20 feet, to construct. The access road will end at paved
parking areas to the northwest of the school as shown on Figure 1. We assume moderate
to moderately heavy foundation loadings for the school building, on the order of 5 to 8
kips per lineal foot for continuous walls and 150 to 250 kips for isolated columns, typical
of the proposed type of construction.
If building loadings, location or grading plans change significantly from those described
above, we should be notified to re-evaluate the recommendations contained in this report.
SITE CONDITIONS
The site is vacant and situated on a southerly facing hillside. Most of the site has been
graded from previous gravel pit operations and placement of excess fill during
construction of The Village at Avon infrastructure in 2001. The fill is primarily on the
southern and southwestern parts of the hillside and in the proposed access road areas,
however, there is also some fill on the top of the hillside where the school is proposed.
Most of the gravel pit operations were in the lower part of the site including for gravel
source and gravel washing operations.
The terrain in the area of the proposed school is generally strongly sloping to moderately
steep down to the south and southwest at grades from about 8 to 35%. Elevation
difference across the building site is about 33 feet ranging from 7658 to 7625 feet.
Vegetation consists primarily of grass and weeds with some sagebrush in the natural
ground surface area along the northern side of the site. About l to 2 feet of snow covered
the site at the times of our field exploration.
Job No. I06 0956 Huh
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GEOLOGIC COMMONS
The surficial soils at the site, below the existing fill, consist primarily of an ancient debris
fan deposited -from erosion of the hilly terrain to the noirth. Potential geologic conditions
that may impact the proposed development appear limited to potential shrink/swell of the
clay soils and possible sinkholes. The existing fill will impact the development and
recommendations to mitigate the fill and shrink/swell of the clay soils, are discussed in
the "Design Recommendations" section of this report.
The sinkhole potential is due to the underlying Pennsylvanian age Eagle Valley Evaporite
that can contain gypsum deposits. Dissolution of the gypsum under certain conditions
can cause sinkholes to develop and can produce areas of localized subsidence. During
previous work in the area, sinkholes were observed scattered throughout the nearby Eagle
River valley areas. Sinkholes were not observed on the subject property and evidence of
subsurface voids was not encountered in our exploratory borings. Our borings were
relatively shallow and for foundation and site grading design only. Based on our present
knowledge of the site, it cannot be said for certain that sinkholes will not develop. In our
opinion, the risk of ground subsidence at the proposed school site, in our opinion, is low;
however, the owner should be made aware of the potential for sinkhole development.
FIELD EXPLORATION
The field exploration for the project was conducted between November 30, 2006 and
January 19, 2007. Fifteen exploratory borings were:#11ed at the locations shown on
Figure 1 to evaluate the subsurface conditions. Initially four borings (Borings 9, 10, 13
and 15) were drilled in November 2006 for preliminary study. The remaining eleven
borings were drilled in January 2007. The borings were advanced with 4 inch diameter
continuous flight augers powered by a track -mounted CME 45 drill rig. The track
mounted rig was needed due to the sloping terrain and snow cover. The borings were
logged by a representative of Hepworth-Pawlak GeotecMcal, Inc.
Job No. 106 0956 G
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Samples of the subsoils were taken with 1 % inch and 2 inch I.D. spoon samplers. The
samplers were driven into the subsoils at various depths with blows from a 140 pound
hammer falling 30 inches. This test is similar to the standard penetration test described
by ASTM Method D-1586. The penetration resistance values are an indication of the
relative density or consistency of the subsoils. Depths at which the samples were taken
and the penetration resistance values are shown on the Logs of Exploratory Borings,
Figures 2 through 5. The samples were returned to our laboratory for review by the
project engineer and testing.
SUBSURFACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figures 2
through 5 with legend and notes on Figure 6. The subsoils consisted of about 3 to more
than 25 feet of man -placed fill over very stiff to hard, slightly sandy to very sandy silty
clay with occasional very clayey silty sand zones, and shale fragments to cobble size, that
extended to the maximum depth drilled of 81 feet. The fill varied from generally medium
dense very clayey silty sand and gravel with cobbles in Borings 1 through 8 located along
the proposed access road, and medium stiff to stiff sandy silty clay with scattered gravel
and small cobbles -in Borings 9 through 13 located in the proposed building area.
Laboratory testing performed on samples obtained from the borings included natural
moisture content and density, percent finer than sand size gradation analyses, Atterberg
limits and unconfined compressive strength. Results of swell consolidation testing
performed on samples of the subsoils, provided on Figures 7 through 11, indicate the
subsoils are slightly to moderately compressible unifier conditions of loading and wetting.
Several of the samples showed a minor to low swell potential when wetted under a
constant light surcharge. The laboratory testing is summarized in Table 1.
No free water was encountered in the borings at the time of drilling or when checked 1 or
more days following drilling. The subsoils were slightly moist to moist becoming very
moist with depth in Boring 15.
Job No. 106 0956 GgrAch
I9
_5_
ENGINEERING ANALYSIS
The building site has Iimited existing fill depth and the lolly terrain is mostly natural, with
the more recently placed fill on the lower, southern and southwestern sides of the hill. It
appears that most of the existing fill will be removed as the site is cut down to the current
planned building floor elevation of 7636 feet. Spread footings bearing on the natural soils
should be suitable for foundation support of the building with some risk of movement,
primarily if the bearing soils become wetted. Subexeavation to below design bearing
level may be needed in the southern portion of the building to penetrate the existing fill.
It should be feasible to place some structural fill under the building foundation provided
the fill is a suitable granular material limited to about 8 feet deep and adequately
compacted. An alternate foundation system to spread footings is driven steel piles such
as H-piles or concrete filled pipe piles. Additional subsurface exploration would be
needed to provide design recommendations for driven piles.
There is considerable existing fill in portions of the proposed access road and
underground utility areas that will require mitigation. The fill appears to be of fair quality
and generally medium dense. Partial removal of the fill and replacement with suitable
granular soils should mitigate the existing fill. We expect about 2 to 3 feet of the existing
fill will need to be removed and replaced depending on the fill depth and quality of the
fill. Exploratory pits should be excavated in the fill to determine compaction and quality
of the fill for final design of the roadway and utility grading design.
DESIGN RECOADMI)ATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the
nature of the proposed construction, we recommend the building be founded with spread
footings bearing on the natural soils, or properly placed and compacted structural fill,
Job No. 106 0956 GlMer-h
RZE
with some risk of movement. Precautions should be taken to prevent wetting of the
bearing soils.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
1) Footings placed on the undisturbed natural soils should be designed for an
allowable bearing pressure of 2,500 psf. Based on experience, we expect
settlement of footings designed and constructed as discussed in this section
will be about 1 inch. There could be some additional settlement if the
bearing soils become wetted. The magnitude of the movement would
depend on the depth and extent of the wetting but may be on the order of
inch.
2) The footings should have a minimum width of 18 inches for continuous
walls and 2 feet for isolated pads.
3) Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Placement of foundations at least 48 inches below exterior grade is
typically used in this area.
4) Continuous foundation walls should be heavily reinforced top and bottom
to span local anomalies and better withstand the effects of some
differential setdelnent.such as by assuming an unsupported length of at
least 15 feet. Foundation walls acting as retaining structures should also
be designed to resist lateral earth pressures as discussed in the "Foundation
and Retaining Walls" section of this report.
5) All existing fill, topsoil and any loo4or disturbed soils should be removed
and the footing bearing level extended down to the relatively dense natural
granular soils. The exposed soils in footing area should then be moistened
and compacted. Structural fill below footings should be a well graded
material having a maximum size of 8 inches and less than 25% passing the
No. 200 sieve compacted to at least 100% standard Proctor density at a
moisture content within about 2% of optimum. The structural fill should
Job No. 106 0956 GEMSC t
21
-7-
extend laterally beyond the edges of the footing a distance equal to at least
the depth of fill below the footing.
6) A representative of the geotechnical engineer should observe all footing
excavations and test structural fill compaction prior to concrete placement
to evaluate bearing conditions.
FOUNDATION AND RETAINING WALLS
Foundation walls and retaining structures which are laterally supported and can be
expected to undergo only a slight amount of deflection should be designed for a lateral
earth pressure computed on the basis of an equivalent fluid unit weight of at least 55 pcf
for backfill consisting of the on -site soils. Cantilevered retaining structures which are
separate from the building and can be expected to deflect sufficiently to mobilize the full
active earth pressure condition should be designed for a lateral earth pressure computed
on the basis of an equivalent fluid unit weight of at least 45 pcf for backfill consisting of
the on -site soils. The wall backfill should not contain debris, topsoil or oversized rocks.
All foundation and retaining structures should be designed for appropriate hydrostatic and
surcharge pressures such as adjacent footings, traffic, construction materials and
equipment. The pressures recommended above assume drained conditions behind the
walls and a horizontal backfill surface. The buildup of water behind a wall or an upward
sloping backfill surface will increase the lateral pressure imposed on a foundation wall or
retaining structure. An underdrain should be provided to prevent hydrostatic pressure
buildup behind walls.
Backfill should be placed in uniform lifts and compacted to at least 90% of the maximum
standard Proctor density at a moisture content near optimum. Backfill in pavement and
walkway areas should be compacted to at least 95% of the maximum standard Proctor
density. Care should be taken not to overcompact the backfill or use large equipment
near the wall, since this could cause excessive lateral pressure on the wall. Some
settlement of deep foundation wall backfill should be expected, even if the material is
Jab No. 106 0956
-8-
placed correctly, and could result in distress to facilities constructed on the backfill. Use
of a select granular material and increasing compaction to 98% of the maximum standard
Proctor density should mitigate the settlement potential.
The lateral resistance of foundation or retaining wall footings will be a combination of the
sliding resistance of the footing on the foundation materials and passive earth pressure
against the side of the footing. Resistance to sliding at the bottoms of the footings can be
calculated based on a coefficient of friction of 0.35. Passive pressure of compacted
backfill against the sides of the footings can be calculated using an equivalent fluid unit
weight of 350 pcf. The coefficient of friction and passive pressure values recommended
above assume ultimate soil strength. Suitable factors of safety should be included in the
design to limit the strain which will occur at the ultimate strength, particularly in the case
of passive resistance. Fill placed against the sides of the footings to resist lateral loads
should be compacted to at least 95% of the maximum standard Proctor density at a
moisture content near optimum.
FLOOR SLABS
The natural on -site soils, exclusive of topsoil, are suitable to support lightly loaded slab -
on -grade construction. There could be some slab movement if the subgrade becomes
wetted as previously discussed. Providing 11/2 feet of select granular structural fill below
the slabs would help limit the risk of movement. The select granular fill should consist of
a well graded imported material such as aggregate base course.
All fill below the building floor slab should be properly placed and compacted to limit the
potential for settlement. To reduce the effects of some differential movement, floor slabs
should be separated from all bearing walls and columns with expansion joints which
allow unrestrained vertical movement. Floor slab control joints should be used to reduce
damage due to shrinkage cracking. The requirements for joint spacing and slab
reinforcement should be established by the designer based on experience and the intended
slab use. A minimum 6 inch layer of aggregate base course should be placed immediately
Job No. 106 0956 Gec$tL-ch
23
WR
beneath the floor slabs for support and to facilitate drainage. This material should consist
of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve and less than 12%
passing the No. 200 sieve. The 6 inches of below slab base course can be included in the
1 %2 feet of select granular structural fill below the slab discussed above.
All fill materials for support of floor slabs should be compacted to at least 95% of
maximum standard Proctor density at a moisture content near optimum. Required fill can
consist of the on -site granular soils, or suitable imported granular soils, devoid of topsoil
and oversized rocks.
UNDERDRAIN SYSTEM
AIthough free water was not encountered during our exploration, it has been our
experience in the area and where clay soils are present that local perched groundwater can
develop during times of heavy precipitation or seasonal runoff. Frozen ground during
spring runoff can also create a perched condition. We recommend below -grade
construction, such as retaining walls, crawlspace and basement areas, be protected from
wetting and hydrostatic pressure buildup by an underdrain system. Typical slab -at -grade
building areas should not require an underdrain system.
If installed, the drains should consist of drainpipe placed in the bottom of the wall backfiil
surrounded above the invert level with free -draining granular material. The drain should
be placed at each level of excavation and at least 1 foot below lowest adjacent finish
grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular
material used in the underdrain system should contain less than 2°/Q passing the No. 200
ar�.4
sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The
drain gravel backfill should be at least I Meet deep. An impervious membrane such as
20 or 30 mil PVC should be placed beneath the drain gravel in a trough shape and
attached to the foundation wall with mastic to prevent wetting of the bearing soils.
Job No.106 0956 GIMech
. gp.—T-
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SITE GRADING
The suitability of the existing fill to support the roadway and utilities should be further
evaluated. Partial removal and replacement of the in place fill with granular soils may be
needed in areas to provide more uniform support or to replace unsuitable materials such
as soft clay or topsoil materials. We expect from about 2 to 3 feet of the existing fill will
need to be removed and -replaced compacted. Additional study of the existing fill duality
and compaction should be done prior to final design. It should be feasible to use the on -
site predominantly granular soils with proper processing.
Structural fill for support of the roads and utilities should be properly placed and
compacted to limit the settlement potential and possible distress to the structures. Fill
below roads and utilities should be compacted to at least 95% of the maximum standard
Proctor density near optimum moisture content. Fills deeper than about 10 feet, should be
compacted to at least 100% of the maximum standard Proctor density near optimum
moisture content for the entire fill depth. Prior to fill placement, the subgrade should be
stripped of topsoil and existing fill as needed, scarified to a depth of 8 inches, adjusted to
near optimum moisture and compacted to at least 95% of standard Proctor density. The
•fill should be benched horizontally into portions of the Iullside exceeding 20% grade. In
soft or wet areas, the subgrade may require drying or stabilization prior to fill placement.
A geogrid and/or subexcavation and replacement with coarse granular soils may be
needed :for the stabilization.
Permanent unretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or
flatter and protected against erosion by revegetation, rock ripmp or other means. The risk
of slope instability appears low unless seepage is encountered in cuts, and flatter slopes
may be necessary. If seepage is encountered in permanent cuts, an investigation should
be conducted to determine if the seepage will adversely affect the cut stability. This
office should review site grading plans for the project prior to construction.
Job No. 106 0956
Is
- II -
SURFACE DRAINAGE
Positive surface drainage is an important aspect of the project to prevent wetting of the
bearing soils. The following drainage precautions should be observed during construction
and maintained at 0 times after the school building has been completed:
1) Inundation of the foundation excavations and underslab areas should be
avoided during construction.
2) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95% of the maximum standard Proctor density in
pavement and slab areas and to at least 90% of the maximum standard
Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 12 inches in the first 10 feet in unpaved
areas and a minimum slope of 3 inches in the first 10 feet in paved areas.
Free -draining wall backfill should be capped with about 2 feet of the on -
site soils to reduce surface water infiltration.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill.
5) Landscaping which requires regular heavy irrigation such as sod and
sprinkler heads should be Iocated at least 5 feet from foundation walls.
Consideration should be given to use of xeriscape to reduce the potential
for wetting of soils below the building caused by irrigation.
PAVEMENT SECTION THICKNESS
We assume asphalt pavement is proposed for the access road and parking lot areas.
Traffic loadings have not been provided. The subgrade soils encountered at the site are
generally low to medium plasticity sandy clays and clayey sands with ASSHTO
classifications of A-4 and A-6 with Group Indices of 0 to 9. These soils are considered a
relatively poor support for pavement sections. We assume a Hveem stabilometer "R"
value of about 8 for these soils. Based on our experience, we estimate an 18 kip
Job No. 106 0956
G Mtech
M
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equivalent daily load application (EDLA) of about 30 for the access road and 5 for the
automobile only parking areas, a Regional Factor of 2.0, and a serviceability index of 2.5
for the access road and 2.0 for the parking areas.
Based on these above parameters and CDOT design procedures, we recommend the
minimum pavement section thickness for the access road consists of consist of 5 inches of
asphalt on 9 inches of base course, or 4 inches of asphalt on 4 inches of base course on 12
inches of granular sub -base material. For the automobile only parking areas, we
recommend 3 inches of asphalt on 9 inches of base course. For areas subjected to regular
truck traffic, such as trash pick-up, or bus drop-off, we suggest the use of 6'/s inches of
Portland cement concrete on 4 inches of aggregate base course.
The asphalt should be a batclied hot mix, approved by the engineer and placed and
compacted to the project specifications. The base course and sub -base should meet
MOT Class 6 and 2 specifications respectively. All base course, subbase and required
subgrade fill should be compacted to at least 95% of the maximum standard Proctor
density at a moisture content within 2% of optimum. Concrete should have a minimum
28 day compressive strength of 4,000 psi and be air entrained.
Prior to pavement section construction, the subgrade should be proofrolled. Areas that
deflect excessively should be corrected before placing pavement materials. The subgrade
improvements and placement and compaction of base and asphalt materials should be
monitored on a regular basis by a representative of the geotechnical engineer. Once
traffic loadings are better known, we should review our pavement section
recommendations.
LE IITAIIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or implied. The conclusions and recommendations submitted in this report are
based upon the data obtained from the exploratory borings drilled at the locations
indicated on Figure 1, the proposed type of construction and our experience in the area.
Job No. 106 0956 G&tech
I;_AI7
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Our services do not include determining the presence, prevention or possibility of mold or
other biological contaminants (MOBC) developing in the future. If the client is
concerned about MOBC, then a professional in this special field of practice should be
consulted. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different from those described in this report, we
should be notified so that re-evaluation of the recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes. We
are not responsible for technical interpretations by others of our information. As the
project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on -site observation of excavations and foundation
bearing strata and testing of structural fill by a representative of the geotechnical
engineer.
Respectfully Submitted,
®�, 6
David A. YonP.E. °°`
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Reviewed by:SS/p����
P®Be�aaseebe�a�°�
Daniel E. Hardin, P.E.
DAY/vad
cc: Mauriello Planning LLC — Attn: Dominic MaurielIo
Alpine Engineering — Attn: Kent Kreihn
Job No. 106 0956n
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BORING 3
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ELEV.=7550.6'
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ELEV.=7582.1'
ELEV. =7611.4
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106 0956 ('��[^� LOGS OF EXPLORATORY BORINGS FIGURE 2
HEPW0FtT4PAV"1c ntzr_�rna�r_e� ACCESS ROAD
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BORING 5
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BORING 6
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ELEV.=7639.4'
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PARKING LOT
Note: Explanation of symbols is shown on Figure 6.
1060956
Gg�tedh LOGS OF EXPLORATORY BORINGS FIGURE 3
HEPWORACCESS ROAD AND PARKING LOT
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BORING 10
BORING 11
BORING 12
ELEV.= 7657.9
ELEV.= 7653.1`
ELEV.= 7650.5'
ELEV.= 7649.9'
o
57<
a
30/12
50/3
WC=5.1
-200=28
F202
LL=26
pl=8
11
30/12i0
1 d
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lo
OD=127
10
-2W-51
18/12
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27/12
30/12
FF
50/10
26/6,24/4
39/12
20
41112
WC-9.6
WC-15.3
WC-21.2
20
FF
WC=10.5
DD=125
DD=115
OD-102
DD=122
—200=74
f
41112
UC=2500
lo
WC=17.1
lo
lo
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UC=6400
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32/12
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30
113
=�81
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00
—200-81
00 UCs100lo
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30/6.2014
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WC=11.fi 01
11 DD=11710
-200=82
60 50/8 50/8 60
70 50/7 70
80 k ,-, 50/6 80
Note: ExpianaUon of symbols is shown on Figure 6.
106 006 Gv&rte h LOGS OF EXPLORATORY BORINGS FIGURE 4
HEPWOFFfHPAWiJ11CGEOTECFINfCAL BUILDING SITE
BORING 13
BORING 14
BORING
15
ELEV.= 7649.2'
ELEV.= 7654.6'
ELEV.=
7628.4
0
0
17/12
46112
6D112
14/12
10
WC=8.6
WC-19.0
10
DD=124
DD=107
FF
42112
WC-8.1
Sz
DD=129
-20D=67
FF
UC=15000
112
30/6,20/4
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20
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WC-6.6
im
20
-200=95
U_=3Q
r47/12
DD=12B
11
10
P1=10
3516,15/2
01
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d0=116
-200-82
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3D
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Pi=12
32/6,i812
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30
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DD=125
50n
G�
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=
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oD=116
IL
-200=74
a
ol 5018
0
lo
50n
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65/12
60
60
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JO
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70
WC=2i.7
70
oD=10s
ol
-200=93
50/0
80
r h 50/3
80
Note. EVIanadon of symbols is shown an Figure 6.
0956
..
1Hp106
LOGS OF EXPLORATORY BORINGS
FIGURE 5
HEPWORiFfPAwLA1cGE01ECWhlICAL
BUILDING SITE
33
LEGEND:
FILL; an -placed primarily sandy silty clay with scattered gravel and cobbles in Borings 9-13 to very clayey silty
® .m
sand and gravel and cobbles in Borings 1-8, medium stiff to stiff/medlum dense, moist to very moist, brown to
dark brown, some asphalt and concrete pieces, low to medium plastic fines.
CLAY (CL); silty, slightly sandy to very sandy, occasionally very clayey sand, typically gravelly with scattered shale
fragments to large cobble size, very stiff to hard, slightly moist to moist becoming very moist with depth in Boring
15, mixed brown, low to medium plasticity.
GRAVEL AND COBBLES (GM); with boulders, sandy, silty, dense to very dense, moist, light brown, rocks are
primarily subrounded to rounded.
Relatively undisturbed drive sample; 2-Inch i.D. California liner sample.
Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM 0-1586.
50/12 Drive sample blow count; Indicates that 50 blows of 140 pound hammer falling 30 inches were required to drive
the California or SPT sampler 12 inches.
-- 0 Depth at which boring caved after drilling.
TPractice! rig refusal. Where shown above the bottom of log, indicates multiple attempts were made to advance
the boring.
FF. Proposed finish floor elevation = 7636 feet.
NOTES:
1. Exploratory borings were drilled between November 30, 2006 and January 19, 2007 with flinch diameter continuous
flight power auger.
2. Locations and elevations of exploratory borings were field staked and ground surface elevations provided by
Johnson -Kunkel and Associates. Boring 8 was moved about 50 feet south of staked location and new elevation
approximated by hand level. Boring logs are drawn to depth.
3. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between
material types and transitions may be gradual.
4. No free water was encountered in borings at the time of drilling or when checked 1 or more days later. Fluctuation in
water level may occur with time.
5. Laboratory Testing Results:
WC = Water Content (% )
DD = Dry Density (pcf )
-200 = Percent passing No. 200 sieve
LL = Liquid Limit (% )
Pi = Plasticity Index (% )
UC = Unconfined Compressive Strength ( psf )
1060956
LEGEND AND NOTES I FIGURE 6
3S
!E rc:,.
37
Moisture Content = 6.6 percent
Dry Density = 129 pof
Sample of: Sandy Silty Clay with Shale
Fragments
From: Boring 14 at 19 Feet
3�
2 1
O
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0
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1060956
SWELL -CONSOLIDATION TEST RESULTS I FIGURE 11
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snowplowing, or (ii) a two-lane paved general circulation road, in which case the Swift Gulch
Road Improvements shall be constructed, within one (1) year after receipt of such written notice
from the Town Council, with grades not exceeding ten percent -(10%), and otherwise in.
accordance with the road standards set forth in the PUD Guide.
(d) When' required for actual use by the Town, or earlier if determined by
Owner or the applicable District, Owner or the Districts shall convey to the Town one or more
parcels of land south of Interstate 70 (up to a maximum of three (3) parcels, the actual number of
which shall be designated by the Town within ninety (90) days after request from Owner or the
applicable District to do so) aggregating approximately four (4) buildable acres, provided that no
such parcel shall be larger than two (2) buildable acres, the. -locations. of which shall be
designated by. Owner or 'the applicable District, to* be used exclusively for the Town's
construction and operation of a public works facility and fire station (collectively, the "Public
Works Dedication'). Such construction and operation shall comply with the terms of the
Development Plan and architectural standards and design guidelines established by the Design
Review Board. At least ninety (90) days prior to commencing construction of any. improvements
on any such site or sites, the Town shall deliver to the Design Review Board copies of plans for
such improvements. Owner or any District may at its sole option and at. its sole expense,
upgrade all or any portion of the exteriors of such improvements.
(e) Owner shall remit to the Town, within thirty (30) days after Final
Approval has occurred, an amount sufficient to reimburse or pay the Town for all third party
consultant fees and expenses actually incurred by the Town in reviewing, analyzing and
approving annexation of the Property to the Town and- satisfying all conditions set forth.in
Section 2.2 through and including the date of Final Approval, including, without limitation,
legal, accounting, engineering and other consulting fees and expenses and all application,
processing and other fees charged by the Town in connection with considering and approving all
matters contemplated in this Agreement through and including the date of Final Approval,
provided, however, that under no circumstances shall the liability of Owner under this
subsection (e) exceed $50,000.00 in the aggregate. The Town shall deliver to Owner a statement.
A itemizing all of the foregoing fees-, expenses and charges in reasonable detail.
(f) . As .and when required, Owner shall make any conveyance of land or cash
in lieu thereof in compliance with the Town's school site dedication'requirements in effect as` of
the date of this Agreement (the "School Site Dedication); provided, however, that
notwithstanding anything to the contrary set forth in the Municipal Code or any other statute,
ordinance, regulation or the like, any conveyance of land made in whole or partial - satisfaction of
the School Site Dedication shall be used exclusively for school, outdoor recreation, parks or open
space purposes and for no other use or purpose (including municipal purposes) without the Town
having first obtained Owner's written consent, which consent may be given or withheld in
Owner's sole'discretion. Any such use shall comply with the terms of the Development Plan and
shall be subject to review by the Design Review Board.
(g) -Subject to all required rights -of -way, permits, and approvals having been
obtained, one -or both Districts shall cooperate with the Eagle -Vail Metropolitan District or other
appropriate entity in construction of the two roundabouts listed below, -and shall fund to the
appropriate entity fifty percent (50%) -of the costs incurred by such entity. in constructing a
W1.9.19 KAMM 11111111111111111111111111111 IN HIM III HIM III IN
677743 11/25/1998 8I MP 27 Sara Risher
12 of 36 R 181.00 D 0.00 N 0.00 Eagle CC
%4- iri
Subdivisions — School Site Dedications
Section 16.50.010
CHAPTER 16.50
School Site Dedications
16.50.010 Purpose.
It is declared to be the policy of the Town that
whenever there is an annexation of property into
the Town for residential development purposes, the
owner of the land shall provide land for school
needs generated by the proposed residential use. It
is the purpose of this Chapter to require the dedi-
cation of land or the payment of fees in lieu thereof
directly for the benefit of the school children of the
Town. (Ord. 94-1 § 1(part))
16.50.020 School land dedication or cash in
lieu thereof.
(a) Whenever an annexation of land occurs for
residential subdivision, the owner shall allocate
and convey school sites to the Town when they are
reasonably necessary to serve the proposed subdi-
vision and future residents thereof by the applica-
tion of the formulas set forth below:
(1) Single-family and duplex or primary
secondary: Number of units x .014495 = dedi-
cation requirement in acres.
(2) Multi -family: Number of units x
.002676 = dedication requirement in acres.
(b) Upon request of Eagle County School Dis-
trict RE 50J ("the school district"), the Town shall
convey any school sites or site to the school dis-
trict. Upon determination by the Town, with rec-
ommendations from the school district, that any
school site is not reasonably necessary to serve the
proposed subdivision and future residents thereof,
the same may be used for municipal purposes.
(c) When sites for schools are not reasonably
necessary to serve the proposed subdivision and
future residents thereof, the Town, with recom-
mendations from the school district, may require,
in lieu of such conveyance of land, the payment of
an amount not to exceed the fair market value of
such sites for schools. The spending of any fees
collected under this Chapter shall be determined by
the Town with recommendations from the school
district.
(d) Fair market value means the current fair
market value of unimproved land in the area and
shall be set by the Council on a per -acre basis. If
the subdivider does not accept such valuation, it
may submit a report by a qualified appraiser. If
one is submitted, the Council shall review the
report and determine the value of the land, which
determination shall be final. (Ord. 98-9 §1; Ord.
94-1 § 1(part))
16.50.030 Application.
This Chapter shall apply only to land annexed
to the Town after February 1, 1994. The Town
Council finds and determines that adequate school
sites have been dedicated to serve all land located
within the Town on that date. (Ord. 94-1 § 1(part))
16.50.040 Town exempted.
The Town is exempted from the requirements
of this Chapter. (Ord. 94-1 § 1(part))
CHAPTER 16.52
Enforcement and Penalty
16.52.010 Enforcement.
It shall be the duty of the Town Council, or its
duly appointed representative, to enforce the provi-
sions of these regulations. No final plat of a subdi-
vision shall be approved by the Town Council
unless it conforms to the provisions of these regu-
lations. (Ord. 79-9 §2.03.01)
16-37 1 i �
Supp. 3 H�
LHbLL
TEAK
.�II IpI 013/02/2IIBB7
IIIIuI�nI�IIIIHUI1IAI�l�9
FORMAL AMENDMENT NUMBER ONE
TO
THE VILLAGE (AT AVON) PUD GUIDE'
DATED OCTOBER 1391998 ,
This FORMAL AMENDMENT NUMBER ONE TO THE VILLAGE (AT AVON) PUD
GUIDE DATED OCTOBER 13, 1998 (this "Formal Amendment No. 1"), is made as of this
25-day of January, 2007, by and between TRAER CREEK LLC, a Colorado limited liability
company ("Traer"), and the TOWN OF AVON, a municipal corporation of the State of
Colorado (the "Town").
RECITALS
A. The Town previously approved The Village (at Avon) PUD Guide dated as of
October 13, 1998, and recorded in the Eagle County, Colorado, real property records at
Reception No. 677744 on November 25, 1998 (the "PUD Guide"). The PUD Guide pertains to
and, together with the Village (at Avon) P.U.D. Development/Sketch Plan dated June 1988, as
amended (as defined in the PUD Guide, the "PUD Master Plan'), constitutes the approved
zoning for certain real property generally known as The Village (at Avon) and more particularly
described in Exhibit A attached to the PUD Guide (the "Property").
B. When the PUD Guide was originally approved, the Property was owned by EMD
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), PVRT
NOTT I LLC, PVRT NOTT lI LLC and PVRT NOTT III LLC (collectively, the "Original
Parties"), each of which, collectively, constituted the "Owner" as that term was used in the PUD
Guide. Subsequently, the other entities comprising the original "Owner" were merged into
EMD, which then became the sole "Owner" as that term is used in the PUD Guide.
C. EMD subsequently conveyed the Property, excluding Planning Area M, to Traer.
Pursuant to Section H. L(b) of the PUD Guide, EMD has specifically granted to Traer, in writing,
the right to amend the PUD Guide as to all of the Property except Planning Area M, with respect
to which EMD retains the right to amend the PUD Guide.
D. Pursuant to its application to the Town therefor, Traer has requested that the
Town take action to approve this Formal Amendment No. 1, together with an amendment to the
PUD Master Plan for the purpose of relocating Planning Area G, and the Town has approved this
Formal Amendment No. 1 and the related amendment to the PUD Master Plan pursuant to
Ordinance Nos. 06-16 and 06-17, respectively. Because the foregoing actions do not affect
Planning Area M, EMD is not a party to this Formal Amendment No. 1.
a%9727
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Town has approved, and
Traer hereby consents, to the referenced amendment to the PUD Master Plan and the following
amendments to the PUD Guide:
1. Defined Terms. Unless otherwise defined in this Formal Amendment No. 1,
capitalized terms used herein shall have the meanings ascribed to them in the PUD Guide.
2. Amendments. The PUD Guide is hereby modified as follows:
Subsection (b) (Allowed Uses) of Section 11 (Planning Areas N - Community
Park and P1-P6 — Parkland) is amended and restated to read in its entirety as follows:
(b) Allowed Uses:
(i) Equestrian, pedestrian and bicycle trails.
(ii) Landscape improvements.
(iii) Indoor and outdoor recreation facilities.
(iv) Lakes, ponds, reservoirs and irrigation ditches.
(v) Parks, picnic facilities and temporary entertainment for special
events.
(vi) Public or private roads and utilities including but not limited to
utility improvements, lines and mains, facilities, services and buildings.
(vii) Within Tract E, Final Plat, The Village At Avon Filing 3, and
Tract F, Final Plat, The Village At Avon Filing 3 as amended, in accordance with
and subject to the terms and. conditions of Ordinance No. 06-16, emergency
services facilities such as ambulance, fire protection and similar uses and services
as determined by the Director of Community Development.
3. Effect of Amendment. Except as expressly modified by this Formal Amendment
No. 1, the PUD Guide is unmodified, and is hereby ratified and affirmed, and shall remain in full
force and effect in accordance with its terns. If there is any inconsistency between the terms of
the PUD Guide and the terms of this Formal. Amendment No. 1, the provisions of this Formal
Amendment No. 1 shall govern and control.
4. Vesting of Property Rights. In accordance with the terms and conditions of
Section H.L(c) of the PUD Guide: (i) this Formal Amendment No. 1 and the associated
modifications to the PUD Master Plan shall create vested property rights for the duration of the
term set forth in Section 1.3 of the Annexation and Development Agreement; (ii) this Formal
Amendment No. 1 and the associated modifications to the PUD Master Plan shall not divest,
limit or otherwise impair any vested property right originally created pursuant to Section A.1 of
696972.7 2
if-s-
the PUD Guide; (iii) Traer, as landowner, shall cause publication of the notice described in
Section 24-68-103(1), C.R.S., as amended, and Section 17.14.050 of the Municipal Code; and
(iv) pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right pursuant to Article
68 of Title 24, C.R.S., as amended.
5. Governing Law. This Formal Amendment No. 1 shall be governed by and
construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the Town and Traer have executed this Formal Amendment
No. 1 as of the day and year first above set forth.
THE TOWN:
TOWN OF AVON, a municipal corporation of the
Zdo
Name: Ronald C. Wolfe
Title: Mayor
Approved as to legal form by:
41�
Na e: John W. Dunn
Title: Town Attorney
STATE OF COLORADO
ss:
COUNTY OF — )
Iti
The Voregoing instrument was acknowledged before me this ZS day of
�(15,a
, 2007, by pylg-1.J C . s�ctL-A— as Mayor of the Town
Avounicipal corporation of the State of Color do.o.
hand and official seal.
O�ER�E t�
xpires:
' • ql.0 Uii C
�G.:oo of blic
o�O�,P ,
MyCommisoonr- p-m
696972.7
3
4-6
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
�:)—�W
Nam . agnus L' dholm
Title: Manage
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me thus -304,— day of
,c v , 2007, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado
limited liability c any.
it ess my hand and official seal.
My commission expires: l ern
6969727
4
Lf1
EAGLE COUNTY, CO
208705090
1111111111111111111111111111111.111. 1111111111111111
TOWN OF AVON
ORDINANCE NO. 06-17 �
SERIES OF 2006
A
AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT
APPLICATION AMENDING THE VILLAGE AT AVON PUD DEVELOPMENT PLAN
BY RELOCATING PLANNING AREA G, FROM PLANNING AREA RMF-1, FILING 3,
VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT
AVON SUBDIVISION.
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
formally amend the existing PUD Development Plan for the Village at Avon by relocating .Planning Area
"G", approximately 7.3 acres (and commonly known as the school site), from Planning Area RMF-I to
Planning Area "D". The result of which would increase the size of Planning Area RMF-1 by
approximately 7.3 acres and decrease the size of Planning Area "D" by approximately 7.3 acres; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on November 21st, 2006, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearings, the Planning & Zoning Commission
forwarded its recommendation for conditional approval on the PUD amendment application to
the Town Council of the Town of Avon through Resolution 06-17; and
WHEREAS, after notices provided by law, this Council held a public hearing on
December 12t", 2006, January 9'h, 2007, and January 23, 2007, at which time the applicant and
the public were given an opportunity to express their opinions regarding the proposed PUD
Amendment; and
WHEREAS, based upon the evidence, testimony, exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said
application appears to comply with the following PUD review criteria set forth in Section
17.12.110 of the Avon Municipal Code, including the following:
1. Conformance with the Town of Avon Comprehensive Plan, goals and
policies as required by 17.20.110H (1);
a. Village at Avon West District Planning Principles:
Buffer schools from commercial uses by
surrounding them with residential development or
open space.
b. Policy J.2.3: Ensure that annexations and new
subdivisions include and or provide for community
services and facilities (i.e. schools, transit, fire,
affordable housing, etc.) based on increased
demand created by those developments.
2. The proposed school use and activity provide a compatible, efficient, and
workable relationship with surrounding uses and activity as required by
17.20.11 OH (4).
WHEREAS, this PUD Amendment provides evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Village at Avon PUD to relocate Planning Area "G", from
Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning Area "D",
Filing 1, Village at Avon is hereby approved, subject to the following conditions:
1. Traer Creels LLC, the property owner, must submit a complete site specific
geotechnical investigation report for review by staff within. 6 months of the
effective date of this ordinance, including investigation of access to and from the
site. Based on the findings of the report, if the property owner determines it is
commercially feasible to comply with the conditions set forth below, it shall,
within 60 days thereafter, execute a written agreement with the Town of Avon and
the Eagle County School District to convey the site to the Town of Avon in
accordance with Chapter 1.6.50 of the Municipal Code, for the benefit of Eagle
707966.3
19
County School District, and in accordance with. the following (collectively, the
"Criteria"): (A) the agreement shall incorporate and otherwise address the criteria
outlined in the School District Letter dated January 3, 2006 (Exhibit "A"), and
shall be substantially in the form of the draft agreement referenced in the initial
paragraph on page 2 of the School District Letter; (B) the Town of Avon
Subdivision review criteria (Title 16 of the Municipal Code); (C) Section- I.5
(Design and Improvement Standards) of the Village at Avon PUD Guide; and (D)
the terms and conditions of the Village at Avon Annexation and Development
Agreement, including but not limited to Section 4.3(f . In the event the property
owner determines that it is not commercially feasible to comply with the foregoing
conditions, the property owner shall give written notice to the Town and the
School District that it intends to move the school site. Within 6 months after
giving such notice, Traer Creek, LLC must designate in writing a minimum of two
(2) alternate school sites within Planning Areas A (excluding the portion thereof
described in Exhibit "B"), B, C, D, E, and/or r, and submit an application to
amend the Village at Avon PUD to provide for an alternate site that satisfies the
Criteria. Prior to designating such alternate school sites, Traer Creek, LLC shall
engage in an informal cooperative site evaluation process with designated
representatives of the Eagle County School District and the Town for the purpose
of evaluating potential alternative school sites within The Village at Avon for
consistency with the Criteiia. Within 60 days after final approval of the PUD
amendment, the Eagle County School District, the Town and the property owner
shall execute a written agreement with respect to such site as described above in
this Section 1.
2. In order to assure that alternate school sites are not developed for other purposes
prior to the property owner's compliance with condition #1, the applicant has
agreed that it will submit no applications for fiirther subdivision or issuance of
building permits for Village at Avon PUD Planning Areas A (excluding the
portion thereof described in. Exhibit "B"), B, C, D, E, and/or P, ) or any of them,
until the applicant and/or property owner has complied with condition #l. If the
property owner satisfies condition #1 by entering into the agreement regarding the
school site as located within Planning Area D, the restriction of this condition 2
707966.3
ME
shall be lifted immediately upon mutual execution of the agreement by the parties.
Alternatively, if the property owner satisfies condition #1 by designating at least
two (2) proposed alternate sites and submitting a PUD amendment therefor, the
sites so designated will remain subject to the foregoing restriction pending final
action by Town Council to approve the PUD amendment for the relocated school
site, and the restriction shall be lifted as to all other sites within Planning Areas A,
B, C, D, E and F immediately upon submission of such PUD amendment
application. Upon approval of the PUD amendment for an alternate school site,
the restriction shall be lifted as to the remaining designated alternate sites.
3. Traer Creek LLC, the property owner, shall submit a complete subdivision
application, consistent with the criteria set forth. in Condition #1 above, for the
subject property no later than six (6) months from the date of a request for
conveyance of the site by the Eagle County School District, or at the time of the
subdivision of Planning Area D (or if an alternate site is approved as provided
above, at the time of the subdivision of any Planning Area abutting the alternate
Planning Area G location), whichever is earlier, and it shall diligently and
reasonably pursue such application until approval. Traer Creels, LLC shall convey
Planning Area G to the Town for reconveyance to the School District in
accordance with Chapter 16.50 of the Municipal Code, no later than 30 clays after
the approval of final subdivision plat for Planning Area G is approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 62 day of �� G-M�' - , 2006, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the 9d—' day of,
260'G, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Zoo'7
andP,ao�
A If • `
Mayor
707966 3
51
ATTEST:
J lei
LT
T i C rk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the 23r� day of . , 2007.
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To jCr k
707966.3
APPROV D�TO
FORM: ,�
Town Att rney
SZ
EbGLf iOUNT2� Sr NOtl1.S
t CVGI+Iwi tYt •� t)YOt wt s•� tutu •t
January 3, 2006
Exhibit "A"
Ordinance No. 06-] 7
F.O. BOX 740 • EAGLE, COLORADO 61931 970.328.6321 FAX 970.328.1024
Honorable Town Council Members
Town of Avon
PO Box 975
Avon, CO 81620
RE: VILLAGE AT AVON -SCHOOL SITE
Dear*Council Members,
Thank you for the opportunity to provide comments on the proposed relocation of the school site
al the Village at Avon dated September 2005. We understand that this draft PUD Amendment
has not been officially submitted to the Tovt-n of Avon at this time; however, we felt it was
imponant to provide the school district's perspective of this relocation as the Town works
through the submission process.
The school district is conceptually in favor of the September 2005 proposal which includes
moving the 7.3 acre school site Area G from RAF-1 to a 7.3 acre site within planning area D
south of l- 70. This proposal is consistent with the community input meeting held by the school
district on J\Iovember 17th, 2004: and the Board of Education meeting on December 3th, 2004. in
which the Board of Education requested that Traer Creek LLCproceed with planning the school
site within planning area D.
As this planning process continues, the school district would respectfully request the follovAdng
considerations are applied to this new school site within planning area D:
• Access and all utilities are delivered to the school site boundary at the developer's
expense.
• As school buildings, parking lots and athletic fields require large, flat footprints, we
would request that the entire 7.3 acres be buildable and that the slope of the property be
minimal. We recommend that, at a minimum, 80% of the School Site shall have a slope
of 10% or less and the balance of the School Site shall have a slope of20% or less.
• The school site should be adequately buffered from any proposed commercial
development by either residential land uses or a community park.
• The timing of when the school site is available for development is critical. The Board
rec +ie�ts that a reasonable development nhasine elan be established to ensure that the
school site is prepared and ready for development commensurate with the pace of
residential development within the project.
Finally, the district continues to be interested in entering into a school site agreement with the
school district, Traer Creek" LLC and the Town of Avon detailing these items.. A draft of an
agreement has been produced and can be updated to be included in the PUD that relocates the
school site within Area D when necessary.
The Board of Education continues to be adamant that the school site should have access, utilities..
topography and location to allow for a quality educational facility to be constructed.
Additionally, the Board believes strongly that a site must be identified and agreed upon prior to
approval of the PUD amendment.
We look forward to working -with you and Traer Creek LLC to identify and plan the future
'school site. in the Village -at Avon development. We-beJi-eve that in. working together we can
jointly locate and finalize a superior school site for the residents of the Avon area. Thank your
for your time and consideration. -
Sincerely,
Karen Strakbein
Assistant Superintendent for Business Semites
Cc Larry Brooks, Town Manager
Board of Education
3013t Brend2a, Superintendent
Dan Leary, Traer Creek
PROPERTY DESCRIPTION
That part of Lot 1, Amended Final Plot, The Vlloge (at Avon) Filing 1, according to the
map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder,
described as follows:
Beginning at the southwest corner of said Lot 1; thence along the west property line 'of
said Lot 1 N18'56'47"E 998.74 feet to the south right—of—way line of Interstate
Highway No. 70; thence, along said right—of—way S5354'37"E 233.30 feet; thence,
732.73 feet along the arc of a non tangent curve to the left having a radius of 5950.00
feet, a central angle of 07'03'21 ", and a chord that bears S66'47'58"E 732.26 feet; thence,
deporting said right—of—way S39'40'23"W 994.15 feet to the northerly right—of—way
of the Denver And Rio Grande Railroad; thence along said right—of—way
N65'54'27"W 603.77 feet to the Point of Beginning, containing 17.00 acres, more or
less.
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FINANCIAL MATTERS
January 8, 2008
YTD Building Revenue Report Actual vs Budget - November 2007
2. Detail - Real Estate Transfer Taxes - November 2007
3. Accomodations Tax Worksheet Actual vs Budget - Oct/November 2007
4. Sales Tax Worksheet Actual vs Budget - Oct/November.,
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2007
Purchaser Name Property Amount Received
Oct-07 $ 2,148,682.54
Resort Closings
1st American Heritage
1st American Heritage
Resort Closings
Resort Closings
Leanna Kith
Kelly Scott
Nora Jaskiel
Bernard & Ruth Allard
Pelle Eklund
Timothy Parker & Freddie Espinoza
Daniel & Ronda Niederhauser
James P. Donahugh
BC View Commercial LLC
Nicole & Ben Bradford
Harlan Juengling & Harriet Hill
Michael & Linda Mewhinney
Kurt Davis
Mark Strickland
Beowulf Lot 8 LLC
Linda Heider
Brian & Lynda Kruse
Richard & Linda Greene
Charles Sherwood
Christie Lodge
Falcon Pointe 201-24
Falcon Pointe 502-29
Mtn. Vista 1305 & 1307-33
Mtn. Vista 1306 & 1308-05
Sunridge @ Avon D-105
Sunridge @ Avon F-205
Sunridge @ Avon II B-202
Sunridge @ Avon II Q-204
Beaver Bench A-17
Bristol Pines L-3
Avon Commercial Center # 127
Avon Town Square Commercial # 202
Avon Town Square Commercial # 203
Metcalf Commercial Park # 109
3000 Eaglebend Drive
Lot 68 Mtn. Star
Enclave @ Wildwood # E
Ridgeline Condo B-3
Lot 8 Western Sage
Lot 52-A Blk 1 WR
Lot 22-B Blk 2 WR
Lot 2 Blk 2 WR
Lot 70-A Blk 3 WR
Total November Revenue
Total YTD Revenue
Total 2007 Budget
Variance, Favorable (Unfavorable)
43.50
70.00
30.00
35.00
194.00
3,300.00
5,700.00
3,500.00
6,360.00
4,500.00
8,400.00
10, 500.00
5,700.00
3,300.00
5,780.00
14,000.00
83,000.00
600.00
7,940.00
1,020.00
15, 000.00
15, 000.00
27,900.00
20,800.00
242,672.50
2,391, 355.04
2, 500, 000.00
$ (108,644.96)
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