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TC Council Packet 03-11-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 11, 2008 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 ATTORNEY: JOHN DUNN TOWN STAFF 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 5. ORDINANCES a. Public Hearing on Ordinance No. 08-04, Series of 2008, Historic Preservation (Matt Pielsticker, Planner II) An ordinance amending Title 17, Municipal code of the Town of Avon, adding a new chapter 17.50 and adding definitions to chapter 17.08 6. RESOLUTIONS a. Resolution No. 08-07, Series of 2008, Resolution approving the Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, County of Eagle, State of Colorado (Shane Pegram, Engineer I) Review final plat for 5786 Wildridge Road East 7. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 8. NEW BUSINESS 9. UNFINISHED / OLD BUSINESS 10. OTHER BUSINESS 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations, Public Works Complex Design Award April 2008: Interviews for Planning & Zoning Commission Appointments, ERFPD Impact Fees discussion Avon Council Meeting.08.03.11 Page 3 of 4 ilURl .V i>"U IIA TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 11, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD 15. CONSENT AGENDA a. Minutes from February 26, 2008 b. Western Enterprise Agreement (Meryl Jacobs, Recreation Director) c. Wes Avon Trail Improvements — Design Services Contract Award (Jeff Schneider, Project Engineer) Proposal for engineering design services by Intermountain Engineering for Nottingham Road Trailhead and Bike Path Extension 16. ADJOURNMENT Avon Council Meeting.08.03.11 Page 4 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner Ir*-C Date: March 11, 2008 Meeting Re: First Reading of Ordinance No. 08-04, Historic Preservation (PUBLIC HEARING) COL ORAD 0 Summary: Attached to this Memorandum is Ordinance 08-04, an Ordinance with additions to Title 17 of the Avon Municipal Code, Zoning. This Ordinance would add a new Chapter (17.50) to the Zoning Code for the promotion of historic sites and structures in Avon. The Ordinance also proposes new definitions to the Zoning Code. This Ordinance originated from the Historic Preservation Advisory Committee, and has been reviewed by the Town's legal subcommittee. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed this Ordinance over the course of three separate hearings: February 5th, February 19th, and March 3rd. The attached strikethrough/bold version of the Ordinance is a reflection of the Planning and Zoning Commission's recommended changes to the Ordinance. At the first hearing with the Planning and Zoning Commission, a broad discussion took place concerning the intent of the Ordinance. The Commission felt that the purpose of the Ordinance was well -intended; however, the execution and procedures for designation seemed flawed. Due to the current lack of historic structures in Town, and the fact that the Ordinance puts equal emphasis on cultural preservation, a global revision to the Ordinance was suggested, and the words "and/or cultural" were later added to every reference to Historic Preservation. The Commission had strong concerns with the possible unintended consequences of the Ordinance, and the appearance of a "taking." If the Historic Preservation Advisory Committee were to recommend a site or structure for designation, and the property owner was not in agreement with said designation, the Planning and Zoning Commission felt that the procedures outlined in section 17.50.30 did not allow for adequate public commenting or input from the owner. Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) As originally drafted, the recommendation from the Historic Preservation Advisory Committee would go straight to the Town Council. The Planning and Zoning Commission added language to the procedure section (17.50.030) of the Ordinance, in order for an additional public hearing before the Planning and Zoning Commission, prior to moving to the Town Council with a recommendation. The Planning and Zoning Commission struck section 17.50.070, titled "Protection of historic sites and structures." This section would have required sites or structures under consideration for nomination (i.e. currently under review by the historic site survey project), which are not subject to any current permit application, to remain undisturbed. The Planning and Zoning Commission was apprehensive to keep this section, since it had the ability to "block" construction. The Red House was cited as an example. Background: The Historic Preservation Committee was formed by Resolution 05-13 (see attached) on May 10, 2005, and serves as an advisory Committee for the purpose of promoting historical preservation for the Town. The Committee has been studying other ordinances and drafting this Historic Preservation Ordinance for the past year, with the hopes of formalizing a nomination and review process for historic properties and structures within Avon. The Committee is comfortable with the current form of the Ordinance. Staff Recommendation: Staff recommends the Council APPROVE Ordinance No. 08-04 on First Reading, as drafted and revised by the Planning and Zoning Commission. Available Actions: 1) Approve on First Reading Ordinance No. 08-04; 2) Table on First Reading Ordinance No. 08-04; or 3) Deny on First Reading Ordinance No. 08-04. Town Manager Comments: Attachments: - Ordinance No. 08-04 (DRAFT) - P&Z Resolution 08-02, Recommending Approval of Ordinance 08-04 - Memo to the Planning Commission from John Dunn, Dated February 19th, 2008 - Council Resolution 05-14 Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) TOWN OF AVON ORDINANCE NO. 08-04 Series of 2008 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN REGARD THERETO NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO: Section 1. Amendment. Section 17.08, Chapter 08 "Definitions" of Title 17, Avon Municipal Code, is amended by the addition of the following definitions: Historic Preservation Committee means a five -person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as an historic landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition of a Chapter 17.50 as follows: CHAPTER 17.50 Historic and/or Cultural Preservation Designated 17.50.010. Intent and Purpose. The purpose and intent of this Chapter is the promotion of the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures in order to: (a) Foster civic pride in the beauty and accomplishments of the past; and, (b) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; and, (c) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; and, (d) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; and, (e) Integrate historic preservation with the Town of Avon Comprehensive Plan; and, (f) Maintain the Town's unique character by recognizing the importance of preservation and renewing the Town's legacy for present and future generations; and, (h) Discourage the unnecessary demolition of historic and/or cultural resources; and, (i) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; and, (k) Encourage the conservation of historic settings and landscapes; and (1) Promote retention of historical integrity in the context of proposed land use. 17.50.020. Landmark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years and or meets any of the following criteria: (a) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (b) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. 2 17.50.030. Procedure for Landmark Designation. The Historic Preservation Committee shall recommend to the Planning and Zoning Commission. A public hearing is required with the Planning and Zoning Commission, who will then recommend to Town Council sites or structures for Historic and/or Cultural Landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the site or structure and interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. 17.50.040. Incentives. The benefits of Historic Landmark designation may include the following: (a) Waiver of building permit fees; and, (b) Applicable state and federal income Local property tax credits; and, (c) Preservation, maintenance or relocation assistance, if and other incentives as deemed necessary by the Town Council; and, (d) Other appropriate incentives, also as determined by the Town Council. 17.50.050. Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. (a) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the 3^5 proposed alteration appropriately relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. (c) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. 17.50.060. Standards governing approval of development plans for sites and structures having designation. 4 Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (a) The most current version of the Secretary of the Interior's Standards for rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the alteration of Historic Landmarks; and, (b) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (c) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (d) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (e) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. 17.50.070 Protection of historic sites and structures. Sites or structures which are under consideration for Historic Landmark designation and Historic Landmarks which are not the subject of any permit application shall remain undisturbed. 17.50.0870. Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; and, (b) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, 5 (c) The structure is structurally unsound despite the owner's efforts to properly maintain it. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 11th day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 25`h day of March, 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, AND 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 6 IIL.\I2Tot the \'\I al' TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 08-02 A RESOLUTION RECOMMENDING APPROVAL OF THE HISTORIC AND/OR CULTURAL PRESERVATION ORDINANCE (NO. 08-04), AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO COLORADOA\- - N WHEREAS, the Planning and Zoning Commission held public hearings concerning the Historic and/or Cultural Preservation Ordinance at the following regular meetings: February 5, 2008, February 19, 2008, and March 4, 2008; and, WHERAS, the 2006 Town of Avon Comprehensive Plan ("the Plan") contains the following goal with respect to recognition and the promotion of historic and cultural resources: Goal D.3: "Develop new and continue to enhance existing cultural and heritage facilities, events, and programs that strengthen Avon's community character and image"; and, WHEREAS, the Plan contains the following policies related to the Historic and/or Cultural Preservation Ordinance: Policy D.3.6: "Maintain existing elements that contribute or reflect the heritage of the community and include forms and materials that reflect this heritage in new designs." Policy E.3.2: "Strengthen the tourism potential within Avon by working collaboratively with organizations through the community to capitalize upon Avon's unique recreational and cultural assets and heritage." Policy E.3.9: "Identify and honor cultural and heritage sites with elements such as museums, interpretive parks, markers, memorials, fountains, sculptures, statures...." and, WHEREAS, the Planning and Zoning Commission finds that the Historic and/or Cultural Preservation Ordinance will further the Goals and Policies from the Plan, as outlined above, and will promote the health, safety and welfare of the residents and visitors of the Town of Avon; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon recommends approval of the Historic and/or Cultural Preservation Ordinance via this Resolution, signed on March 4, 2008. ADOPTED THIS 4th DAY OF March, 2008 Signed! k,,/ h Smith, ai Atd4 Phil Struve, Secretary Date: Date: MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM: TOWN ATTORNEY RE: HISTORIC PRESERVATION ORDINANCE DATE: February 19, 2008 The purpose of this memorandum is to address concerns raised by members of the Commission regarding the proposed historic preservation ordinance. As a matter of background, the ordinance was submitted by the Town's Historic Preservation Committee after research of similar ordinances in other jurisdictions. The ordinance was reviewed and commented on by the Colorado Historical Society. In part on the basis of those comments, I drafted the present version of the ordinance with the assistance of the Legal Subcommittee. Concerns were expressed by members of the Commission that the ordinance in its present form is a "taking" in the constitutional sense. In my opinion it is not. The Colorado Supreme Court established the requirements for a valid historic preservation ordinance in South of Second Associates v. Georgetown, 580 P.2d 807 (Colo. 1978). In order for such an ordinance to pass constitutional muster, it must contain adequate criteria defining architectural and historical significance and it must contain sufficient criteria defining the area subject to the ordinance. In South of Second Associates, the court upheld the criteria defining architectural and historical significance but concluded that the ordinance did not sufficiently define the area subject to the ordinance. Because the ordinance applied to the entire town, it was held to be void. Courts in other jurisdictions, including the United States Supreme Court, have upheld historic preservation ordinances in the face of a takings challenge. 2 Anderson's Am. Law Zoning § 9.74. The ordinance submitted to the Commission satisfies the requirements of South of Second Associates. The criteria defining historic and architectural significance include the criteria in the Georgetown ordinance along with other, more extensive criteria. The ordinance is town - wide, but it contains criteria whereby only particular properties will be given landmark designation and thereby be subject to the ordinance. Those criteria are detailed and in my opinion pass constitutional muster. Concern was also expressed as to the purpose language of the ordinance being to promote the health, safety and welfare of the residents. That language is the "magic" language necessary to invoke the police power of the Town in order to adopt any zoning ordinance. In my opinion that legislative finding would be upheld by any court. TOWN OF AVON, COLORADO RESOLUTION NO.05-13 Series of 2005 A RESOLUTION ESTABLISHING A HISTORIC PRESERVATION ADVISORY COMMITTEE FOR THE PURPOSE OF PROMOTING HISTORICAL PRESERVATION FOR THE TOWN OF AVON, EAGLE COUNTY COLORADO WHEREAS, the town of Avon would like to appoint a Historic Preservation Advisory Committee (the "Committee") to help promote public health, safety and welfare through the protection and preservation of the Town's historic and cultural heritage, as represented by designated landmarks WHEREAS, the mission of the Committee will be to protect and enhance the Town's welfare and economy through the preservation of historical attractions for local residents, tourists and visitors to the Town, expand public awareness, appreciation and knowledge of the Town's unique local history, and foster widespread appreciation of and respect for Avon's historic and cultural heritage WHEREAS, it is important for the Town to maintain its unique character by recognizing, preserving and renewing Avon's legacy for present and future generations WHEREAS, a landmark is defined as a property or structure that is worthy of rehabilitation, restoration, or preservation because of its historic and architectural significance WHEREAS, the Avon Town Council (the "Council") established a Heritage Fund in the Capital Improvement Projects Budget to appropriate funds used for matching grants from the private sector in order to preserve historic landmarks WHEREAS, the benefits of landmark designation include the waiver of building permit fees, relocation assistance if necessary through the grant program or any other benefits recommended by the committee and approved by the Council WHEREAS, the Avon Town Council will appoint a Historic Preservation Advisory Committee for the purpose of recommending landmarks to the Council for historic preservation and possible matching fund grants and such other purposes as the Council shall determine. WHEREAS, the Committee will consist of five (5) registered electors or property owners in Avon to serve in 2 -year terms WHEREAS, the Committee will create criteria for landmark designation based upon how old the property or structure is, a demonstration of strong public benefit and community support and other characteristics to be defined by the committee WHEREAS, the Committee will recommend nominations for designation to the Council and make other such recommendations as requested by the Council. WHEREAS, the Avon Town Council may by resolution designate historical landmarks within the boundaries of the town of Avon or outside of Avon if Council deems it significantly important to Avon's history and a collaborative effort is established with the governing entity where the landmark is located WHEREAS, once a landmark designation is made, in order to retain the designation, it shall be maintained to receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO, that historic preservation is an important component of the overall vitality and enhancement of Avon as it moves into the future and we therefore establish the Avon Historic Preservation Advisory Committee. Avon is proud of its history and will preserve its heritage. Adopted this 10th day of May, 2005 Attest: TOWN COUNCIL TOWDi-9 AVON C LORADO Ronald C. Wolfe, Mayor Resolution No. 05-13 Historic Preservation Final Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer2gC.li� Shane Pegram, Engineer II Date: March 4, 2008 Re: Resolution No. 08-07, Approving the Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5786 Wildridge Road East) Summary: The applicant, George W. Plavec, owner of a duplex structure at 5786 Wildridge Road East, has submitted a Final Plat to resubdivide Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 3, Block 4, Wildridge into two distinct lots, Lot 3A and Lot 3B. The party wall agreement and declarations have been referred to John Dunn and Community Development and all requested revisions have been made. The Final Plat is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-07 is attached as Exhibit A, and a copy of the Final Plat is attached as Exhibit B. Recommendation: Based on provisions of Chapter 16.48 and applicable sections of Title 16, Avon Municipal Code, staff recommends approval of Resolution No. 08-07, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-07, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attachments: Exhibit A Resolution 08-07, Series of 2008 Exhibit B Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado TOWN OF AVON RESOLUTION NO. 08 - 07 Series of 2008 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 3, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, George W. Plavec has submitted a Final Plat for a Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, located at 5786 Wildridge Road East; 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, Subdivision, 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 3, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS ATTEST: Patty Bierle-McKenny Town Clerk DAY OF , 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor LAND USE SUMIMARY PARCEL AREA LOT SA LOT 39 USE ADDRESS 1.130 AC. RESIDENTIAL • 112 DUPLEX UNIT U GNN WII.DIEO E ROAD EAST 1.5562. RESIDENTIAL• 1/2 DUPLEX UNIT 5769® VALOREM ROAD EAST 2.263 AC. I0' SLOPE MAINTENANCE, DRAINAGE, AND SNOW STORAGE EASEMENT (RECEPTION No. 226437) SET A No. 5 REBAR MTH A 11/2• ALUMINUM CAP P.LS No. 30091 RADIUS - 175.00' DELTA - 2133'55' ARC - 88.89' TANGENT - 33.88' CHORD - 88.48' SRO - N38'22'10'W SET A No. 5 REBAR MTH A 1 1/2' ALUMINUM CAP P.L.S. No. 30091 .- Gore Range Surveying, LLC E.,...„_.) Pc 8(0) 15 M:... CO 81670 ,97 14796696 • fax 09701479 0055 0 •J LOT 2 FINAL PLAT A RESUBDIVISION OF LOT 3, BLOCK 4, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO GENERAL NOTES: I) DATE OF SURVEY:JANARY, 2060. 2) BEARINGS BASED UPONTHE UNE CONNECTING THE MONUMENTS FOUND MARKING THE NORTHEASTERLY CORNER OF LOT 3 AND THE EASTERLY CORNER OF LOTS, BEING E3EO4'40'E (TEE DRAWING). 3) MONUMENTATKN AS INDICATEDHEREOII. 4) THE SOLE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOT S, TO CREATE LOTS 3A AND SB AND THE ACCESS EASEMENT INDICATED HEREON. 6) GORE RANGE SURVEYING LLC DID NOT PERFORM ATITLE SEARCH OF THE SUBJECT PROPERTY TOESTABLISH OWNERSHIP. EASEMENTS OR RIGHTS OF WAY OF RECORD. RECORD DOCUMENTS UTILIZED N THE PREPARATION OF THS PLAT WERE PROVIDED BY LAND TITLE GUARANTEE COMPANY, ORDER No 6515075, DATED JUNE 1, 2007 AT 590 P.M. 6) NOTICE:ACCORDNG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT THIS SURVEY WITHIN THREE TEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN DRS SURVEY BE COMMENCED RCM THAN TEN YEARS FROM THE DATE OF CERERCATION SHOWN HEREON. 7) LOTS MAAND3B ARE SUBJECT TOPROTSCTVE COVENANTS OF VELDRIDGE SUBDIVIS10N RECORDED JULY 12, 1979 IN 9001(256AT PAGE 123 AND THE FIRST AMENDMENT THERETO RECCRDED JUNE 2. IMO IN BOOT K GAT PAGE465 AND AMENDMENT RECORDED OCTOBER 6, 1291 IN 90011 330 AT PAGE 77 AND AMENDMENT RECORDED BEPT89Ei 4, 1912 N BOOK 345 AT PAGE OM. 6) 1HE LOTS CREATED BY THIS PLAT ARE SUBJECT TOTHE PART' WALL AGRFEME T ANDDECLARR1I CF COVENANTS, CONDITIONS FOR RESERVATIONS FOR LOT s, BLOCK4, WILDRIDGE, TOWN OF AVM. EAGLE COUNTY. STATE OF COLORADO RECORDED AT RECEPTION NUMBER 9) THE LOTS CREATED BY THG PLAT MAY NOT DE CONVERTED INTO TIMESHARING DDB. 10) THE ACCESS EASEMENT CREATED BY THIS PUT IS FOR THE PURPOSE OF NORMS TO AND EGRESS FROM LOTSB ACROSS LOTS& UNPLATTED (WHITE RIVER NATIONAL FOREST) S8938'48'E - 170.00' 1 FOUND No. 5 REBAR MTH A 11/2' ALUMINUM CAP P.LS. No. 5447 OUTLINE OF DUPLEX STRUCTURE Ar'r'FVS EASEMENT (CREATED BY THIS PUT) SET A No. 5 REBAR MTH A 11/2' ALUMINUM CAP P.LS No. 30091 BUILDING SETBACK (RECEPTION No. 226437) UTILITY AN0 DRAINAGE EASEMENT (RECEPTION No. 226437) FOUND No. 5 REBAR MITI A 1 I/2' ALUMINUM CAP P.LS. No. 5447 LOT 3B 5.095 ACRES 57 NON DEVELOPABLE AREA (RECEPTION No. 226437) LOT 3A 1.188 ACRES LOT 4 TRACT J FOUND No. 5 REBAR MTh A 11/2- ALUMINUM CAP P.LS. No. 5447 GRAPHIC SCALE 10) 9 is RI lB 1e ( a PEST ) 1 Loch- SO ft. Certificate of Dedication and Ownership Know all men by these presents that George W. Raves, being sole owner in fee Knipe and American Natrona Bank being mortgagee of all that real property described as follows: Lot 9, Block 4, Wlldrldgs, per the plat thereof reoorded at Reoeptlon Number 228437 Al the 066060)1116 Eagle County Clerk and Recorder, and containing 2.283 acres more or Tess: has by these presents lalOout, platted and wbdvided the same into Lots and Blocks as sham hereon and designate the earns as A ReeubdNtlon of Lot 3, Block 4, Wltdrbge, Town of Avon, County of Eagle, State of Colorado and dedicate for public use the streets sham herein including avenues, dives, boulevwds, lanes, courts and alleys to the Tam of Avon; and the utllly and drainage easements shown hereon for utility and drainage purposes only; and do further state that this subdivision shall be subject to the Protective Covenants filed and recorded for this Subdvhbn in the office of the Clerk and Recorder of Eagle County, Colorado, as Document Number EXECUTED this _ day of AO., 2008. Owner. Address: PO Box 3415 George W. Plavec Avon, CO 85620 STATE OF COUNTY OF (SB The foregoing Certificate of Dedication and Ownershp was acknowledged before me thIs _day of A.D., 2008 by George W. Plavec. My Commission wirer Witness my hand and official seal. Notary Public Mortgagee: American National Bank Address: PO Box 2079 Avon, CO 81820 By Title: STATE OF COUNTY OF )SS The foregoing Certificate of Dedication and Ownership was adarowbdged before me this _ day of A.D., 2008 by as of American National Bads My Commission expires: Witness my hand and Ofddal asst. Nova Publfo Title Certificate Land Tltla Guarantee Company does hereby certify that It has examined the tide to all lands shown upon this plat and that title to such lands is vested in George W. Raw free and clear of ail Sens, encumbrances, takes and assessments except as follows: Dated 1Na _ day of A.D, 2008. Agent signature Surveyor's Certificate 1, Samuel H. E6ker, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the Slate of Colorado, that this Plat lea hue, correct and complete Piet of A Restddlvlslon of Lot 9, Block 4, Wldddge, Town of Avon, County of Eagle, State of Colorado, 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 Iola, easements and streets of cab subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. Al monuments are set as regdred by the Subdvlsbn Regtdatlons of the Town of Avon. In Witness Whereof, thaw set my hand and seal this _ day of A.D., 2008. Samuel H. Esker Colorado P.LS. No. 30091 Town Certificate This Plat, uses, densities, standards and deOdtlors are approved by the Town Council of the Town of Avon, County of Eagle, State of Colorado this _ day of A.D., 2008 for Ming with the Clerk and Recorder of the County of Eagle end for conveyance to the Town of Avon of the public dedications shown hereon subject to the provision that approval in no way obfgates the Town of Avon for Enandng or conenctlog of improvements on lands, streets, or Gassman dedicated except as specifically agreed to by the Town Council end further that Bald approval Shen In no way obligate the Town of Avon for maintenance of streets until construction of Improvements thereon ehaO have been completed to the satlshdbn of the Town Council Approval of this plat by the Town is e consent only and is not to be construed as an approval of the technical correctness of this plat or any doansntatlon relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON TOWN COUNCIL DF THE TOWN OF AVON By: _ Mayor Atleat Town Clark Certificate of Taxes Paid I, Me undersigned, do hereby certify that the entlre amount of taxes and assessments due and payable es of upon WI parcels of real setae desorbad on this plat are paid in toll. Dated this days AD., 2008. Eagle County Treasurer Clerk and Recorder's Certificate This Plat was Nod for record Al the Office of the Clerk and Recorder at _ o'clock on this day of 2008 and is duly recorded at Receptlon No. By: Clerk end Recorder Deputy Mlwl an SE 6ISI 7/19/2008 MOOD III! SE pug.,Ace: 04-219resub 04-219 mar 1 or 1 MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Danita Chirichillo — Special Events Supervisor Meryl Jacobs — Director of Recreation and Cultural Services March 4, 2008 Western Enterprises, Inc. Contract Summary: Attached for signature is the contract with Western Enterprises to facilitate the 2008 Salute to the USA fireworks display scheduled for Thursday, July 3. Financial Implications: The contract price for 2008 is the same as in 2007, which is $53,700. We may exercise a discount of $2,685 if we pay by April 30. We may choose not to exercise the discount option and use this money to supplement our display with additional fireworks. Town Manager Comments: PLEASE SIGN, DATE AND RETURN THIS COPY FIREWORKS PRODUCTION CONTRACT, 1 of 3 1. This Contract is entered into this day of , 20 by and between WESTERN ENTERPRISES, INC., designated herein as the "SELLER", and TOWN OF AVON, designated herein as the "PURCHASER" for a fireworks production to be held on JULY 3, 2008. 2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal, State or Local laws that might be applicable. 3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks display for any "duds" or other material that might not have ignited. Any such material found by any person other than the Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe handling or disposal of said material. 4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on -site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display. 5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys, representatives, agents, or employees. 6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attorneys, agents, employees, representatives, insurers, and self-insurance pool from and against all liability, claims, and demands on account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in whole in or part by the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or of any employee of any subcontractor of the SELLER. The SELLER agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 7. Insurance. a. General. The SELLER shall not commence work under this Contract until it has obtained all insurance required herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Contract, the SELLER must maintain the insurance coverage required in this section. b. Insurance. (1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts, duration, or types. FIREWORKS DISPLAY CONTRACT 2 of 3 (2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the SELLER herein. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (a) Workers' compensation insurance to cover obligation imposed by applicable laws for any employee engaged in the performance of work under this Contract, and employers liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self -insured status may be substituted for the workers' compensation requirements of this paragraph. (b) General liability insurance with minimum, combined single limits of FIVE MILLION DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall also include coverage for explosion and shall contain a severability of interests provision. (c) Comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S owned, hired, or non -owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. (3) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely responsible for any deductible losses under any policy required by the PURCHASER. (4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S Recreation Director. (5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER. (6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any endorsement thereto. FIREWORKS PRODUCTION CONTRACT 3 of 3 (7) The parties hereto understand and agree that the PURCHASER is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 at seq., 10 C.R.S., as from time to time amended, or otherwise available to the Purchaser, its officers, or employees. 8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FIFTY THREE THOUSAND SEVEN HUNDRED DOLLARS & NO/100 ($53,700.00) to be paid within fifteen (15) days after the date of the display. HOWEVER, if payment is made in full by April 30, 2008, a five percent (5%) discount will apply. That discount can either be deducted from the total contract price, or the PURCHASER may elect to receive that amount of extra pyrotechnic product in lieu of the discount. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date within the calendar year. If the PURCHASER will not re -schedule the display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER Thirty percent (30%) of the cost of the display ($16,110.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount paid, less the 30% mentioned above. 10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of ,20 WESTERN ENTERPRISES. INC. TOWN OF AVON SELLER PURCHASER BY: BY: authorized agent authorized agent i • • • • o • • •o WEIMITMAN ENTERPRISES, INC. CERTIFIED REPRESENTATIVE AUTHORIZED TO ORDER FIREWORKS THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (BATF, Dept. of Treasury) REQUIRES THAT WE MAINTAIN A CURRENT LIST OF INDIVIDUALS AUTHORIZED TO ORDER EXPLOSIVE MATERIALS (FIREWORKS) ON BEHALF OF A GROUP OR ORGANIZATION. PLEASE COMPLETE THE REQUIRED INFORMATION LISTED BELOW AND SIGN AT THE BOTTOM OF THIS FORM. PLEASE COMPLETE AND RETURN WITH SIGNED CONTRACT NAME D.L. # & ST. ADDRESS DATE & PLACE OF BIRTH I CERTIFY THAT THE INTENDED USE OF THE EXPLOSIVE MATERIALS IS FOR A FIREWORKS DISPLAY. Signature Date Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer . �r T'^F-k Jeffrey Schneider, P.E., Project Engi eer Date: March 4, 2008 Re: West Avon Trail Improvements — Design Services Contract Award Summary: The West Avon Trails and Access Improvements is an ongoing project with partnerships involving the U.S. Forest Service (USFS), the Singletree Property Owners Association (SPOA), Berry Creek Metropolitan District (BCMD), and the Town of Avon. The trail project consists of revegetation and restoration of renegade non -system trails, improvement of existing trails for inclusion into the official USFS trail inventory, and access and trailhead improvements. A portion of the project involves constructing trailhead improvements on the west end of Nottingham Road near the cul-de-sac as improvements to the Avon-Singletree Trail. The trailhead improvements consist of installing parallel parking, signage, and road bed widening along the south edge of Nottingham Road. Also included in the scope of design services are support with CDOT agreement and permit applications and easement preparations along the privately -owned Tract A parcel immediately east of the USFS West Avon parcel. Staff recommends approval of the Engineering Design Services proposal submitted by Intermountain Engineering. The proposal is attached as Exhibit A to this memorandum. Background: A brief project timeline is shown below: • 2003 - 2006: Numerous meetings and collaborative efforts between USFS, SPOA, BCMD, TOA, and the Colorado Department of Wildlife (DOW) • August 8, 2006: Public Trails Open House meeting in Wildridge to gather data and opinions on usage of existing trails and USFS lands adjacent to and within Avon • October 24, 2006: Town Council passed Resolution 06-41, formally submitting comments on the Draft White River National Forest Travel Management Plan • April 28, 2007: Decision Memo: Singletree and West Avon Trails (attached as Exhibit B) approved by USFS, which gave authorization from the USFS to proceed with the trails program • August 14, 2007: Challenge Cost Share Agreement (attached as Exhibit C) approved by Council, which authorized member entities to initiate trail improvements • October 2007: Restoration and revegetation of `moto-cross flats' The Challenge Cost Share Agreement, an Intergovernmental Agreement between the USFS, SPOA, BCMD, and Town of Avon, sets forth the responsibilities of each member entity. Per the Agreement, the Town of Avon contributions to the trails program generally consist of: • Construction of improved trailheads at Nottingham Road and Beaver Creek Point • Placement of signage at access points on the Saddle Ridge Trail • Contribution to restoration of 'moto-cross flats,' a network of renegade trails immediately north of Interstate 70. • Maintenance/upkeep per cost sharing agreement (to be determined) Discussion: Town Staff has been working with the SPOA, USFS, and BCMD for a period of approximately four years to create official USFS trails in the forest service lands within and immediately bordering Avon to the west. The desires of the people are incorporated into the trail program via USFS trail open house meetings in Wildridge as well as Wildridge Community Meetings held annually. The desire is to create official, sustainable trails enjoyable by residents and visitors of 1 Avon alike and to fulfill goals set forth in the Comprehensive Plan pertaining to quality of life and outdoor recreation opportunities. Per the Challenge Cost Share Agreement and USFS Decision Memorandum, the Town of Avon is obligated to construct improved trailhead access at the west end of Nottingham Road immediately adjacent to Interstate 70 right of way. The design services proposal is for the design of the improvements at the west end of Nottingham Road. The general scope of design services is shown below: • Extension of Nottingham Road bike path to the west and road bed widening to provide 3-5 parallel parking spaces, including possible retaining walls • Support in preparing CDOT Access Permit and License Agreements required for the portion of trail encroaching onto 1-70 right of way • Preparation of legal descriptions for public access easement required across privately owned Tract A • Construction Drawings, Contract Documents, and Construction Cost Estimating (note: full contract documents may not be required and may possibly be omitted from the scope of design services) Intermountain Engineering performed the surveying work in Fall of 2007 and is a logical choice to carry forth the design services for the trailhead. Staff recommends approval of the Engineering Design Services Proposal submitted by Intermountain Engineering. Financial Implications: The 2008 project budget for the West Avon Trails and Access Enhancement is $65,000. Intermountain Engineering's proposal of $23,775 is within the project budget. Construction in 2008 (if possible) will be funded from the remaining project balance. It is likely that full construction documents will not be required for this project and the actual design expenditures will be lower than the proposal amount. Given the other entities involved in the trail program and the potentially lengthy CDOT permitting process, substantial construction is anticipated for 2009 and funding will be requested in the proposed 2009 CIP budget. Recommendation: Approve the Engineering Design Services proposal submitted by Intermountain Engineering for Nottingham Road Trailhead and Bike Path Extension for an amount not to exceed $23,775. Proposed Motion: Move to approve the Engineering Design Services proposal submitted by Intermountain Engineering for Nottingham Road Trailhead and Bike Path Extension for an amount not to exceed $23,775. Town Manager Comments: Attachments: Exhibit A — Engineering Design Services Proposal for Nottingham Road Trailhead and Bike Path Extension Exhibit B — Decision Memorandum — Avon/Singletree Trails Exhibit C — Challenge Cost Share Agreement • Page 2 ,�..�A -- Inter-Mountain ENGINEERING Civil Engineers Sr Surveyors ENGINEERING DESIGN SERVICES PROPOSAL FOR TOWN OF AVON, CO NOTTINGHAM ROAD TRAILHEAD AND BIKE PATH EXTENSION PREPARED FOR: JEFFREY SCHNEIDER, PROJECT ENGINEER P.O. BOX 975 400 BENCHMARK ROAD AVON, CO 81620 MARCH 3, 2008 DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 I Centennial, CO 80111 I Phone: 303.948.6220 Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 I PO Box 978 1 Avon, CO 81620 J Phone: 970.949.5072 Fax: 970.949.9339 Inter -Mountain ENGINEERING Civil Engineers & Surveyors March 3, 2008 Town of Avon Attn: Mr. Jeffrey Schneider P.O. Box 975 400 Benchmark Road Avon, CO 81620 Via: e-mail to jschneider@avon.org Re: Nottingham Road Trailhead and Bike Path Extension Design Services Proposal Dear Jeff, Inter -Mountain Engineering, Ltd. (IME) is pleased to present this proposal for engineering design services for widening Nottingham Road to accommodate three to five parallel parking spaces adjacent to the south side of the cul-de-sac at the west end of the road, extension of the Nottingham Road bike path from its current dead end (near the intersection of Nottingham and Metcalf Roads) to the new trailhead parking spaces, and one legal description for a 20' wide access easement centered on the existing trail across Tract A (including one revision to the width). We feel that we are uniquely qualified to assist the Town of Avon with this project due to our solid working relationship with Town staff, the fact that IME completed the plans and specifications and provided construction observation services for the existing Nottingham Road bike path and completed the topographic survey for this project, and because we have extensive experience designing projects of this size and scope in Avon for the Town and other clients. We are well versed in the Town's design standards and familiar with Town expectations, which will help lead to a successful project team and a superior product. Plus, we feel that being local is a significant asset that will allow us to be more responsive to the Town's needs during design. DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 I Centennial, CO 80111 I Phone: 303.948.6220 I Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 I PO Box 978 I Avon, CO 81620 I Phone: 970.949.5072 ( Fax: 970.949.9339 Paste 3 Nottingham Road Trailhead and Bike Path Extension Engineering Design Services Proposal March 3. 2008 Project Team Description and Profile Inter -Mountain Engineering is a multi -disciplined civil engineering firm. We have the in-house capability to provide the layout, grading, drainage, striping, signage, and rail design services required for this project. We will also design in-house any boulder retaining walls 4' or less in height. Taller walls, where required, will be MSE, designated for design/build by the Contractor, to minimize design costs. Below are the key personnel that will participate in the project: • Sandra E. Mendonca, P.E., Engineering Manager • Robert R. Yost, P.E., Project Engineer • Mike Monroe, Senior Engineering Technician A corporate profile and resumes for each of these key individuals are enclosed. The Town of Avon has worked extensively with Inter -Mountain Engineering on a variety of projects including Wildridge Road West Improvements, Metcalf Basin II Drainage Improvements, Round -a -bout 4 Improvements, Swift Gulch Bike Path, Eaglebend/Stonebridge Road Improvements, Avon Road Parking Lot, 2005-2007 Street Improvements, Buck Creek Drainage Improvements, Metcalf Ditch Improvements, Nottingham Road Improvements, West Beaver Creek Boulevard Street Improvements Construction Services, East Avon Street Improvements, Master Drainage Study, Swift Gulch Road Improvements, various Streetscapes, Recreation Center, Nottingham Lake Sedimentation Pond and several aerial surveys. Through our work on these and other projects, we have developed a comprehensive knowledge of the Town's standards and protocols and long- standing, highly satisfactory working relationships with Town staff. Ms. Mendonca, who will act as IME's project manager, has been our engineering manager since October 1999 and has executed this role for several, prior projects completed with the Town of Avon. She has more than twenty-four years experience with civil project planning, design and construction. She has a very diverse background and is able to provide the required project management, coordination, and engineering oversight for this project. Mr. Yost joined IME in 2001 and has more than nine years experience as an engineering consultant providing design and construction observation services for a variety of civil sire improvements. He will act as the project engineer: designing the required improvements, preparing plans, specifications and construction cost opinions, and providing bid assistance. If additional services Page 4 Nottingham Road Trailhead and Bike Path Extension Engineering Design Services Proposal March 3, 2008 are needed by Town staff during construction of the project, he will also be made available to assist them with construction observation, as requested. Mr. Monroe has more than sixteen years experience as a civil engineering technician and has been employed by IME since 1991. He will complete the grading design, earthwork quantity takeoffs and assist with plan preparation for the project. Statement of Work The basic scope of services, as defined, includes: • Utilize the topographic survey completed by IME in 2007 for the trail as the basis for this project. No survey or topographic mapping is anticipated in the basic scope of services. • Complete CDOT standard format, 11"x17", 1"=20' scale, concept drawings of road widening necessary to accommodate a maximum of five, 9 foot wide, parallel parking spaces adjacent to the south side of the cul-de-sac at the west end of Nottingham Road and one alignment for approximately 900 feet of ten -foot wide asphalt surfaced path with one -foot gravel shoulders (connecting the new parking to the end of the existing Nottingham Road bike path). Design shall conform to ECU standards and AASHTO recommendations for bike paths and AASHTO recommendations for geometric design of parallel parking. • Identify external entities (such as CDOT and FHWA) that must approve, license or permit the planned improvements and determine the necessary agreements or permits. • Conduct one meeting with Town staff after the concept drawing is complete to discuss it and obtain input before proceeding to design. • Complete and submit preliminary plans for the path and road widening to Town staff for review and comment and to CDOT for coordination and approval. Import/export of fill materials will be minimized to the extent practical. Preliminary design will address typical pavement sections, required drainage improvements, walls, rails, utility relocation, grading, striping, signage, and re -vegetation. (Under the basic scope of services, the typical pavement sections for the road widening and bike path are expected to match those from the Nottingham Road Improvements and Nottingham Road Bike Path projects. No geotechnical investigation, testing or report is anticipated. Railing, if needed, is expected to match the existing cable rail on the Nottingham Road bike path or the timber rail on the Swift Gulch bike path. And landscaping is expected to consist of re - vegetation of disturbed areas with native plantings that do not require Page 5 Nottingham Road "[railhead and Hike Path Extension Engineering [)esign Services Proposal March 3, 2008 irrigation, matching the west end of the existing Nottingham Road bike path.) • Complete and submit one legal description for a 20' wide access easement centered on the existing trail through Tract A. The width of this easement may be revised once under the basic scope of services. • Complete and submit final plans and contract documents, hard -copy and electronic, incorporating the Town's and CDOT's redline comments on the preliminary submittal. • Prepare a COOT license agreement or permit application on behalf of the Town, if required. • Prepare a final engineer's estimate of probable construction costs. • Attend a pre -bid meeting with prospective contractors and the bid opening, as required by the Town. • Support Town of Avon staff throughout the construction process, as required, on a time and materials basis (at the rates presented on the enclosed fee schedule). • Survey and prepare record drawings upon the Town's acceptance of the completed improvements. Submit hard -copy and electronic files of the record drawings to the Town to forward to CDOT. Phase I — Concept/Schematic Design IME will prepare a base map using the topographic survey completed in 2007 on which to overlay the proposed road widening and bike path alignment. The path will be designed to match existing facilities as well as incorporate EGO and AASHTO standards. IME will then prepare concept drawings (11"x17" at 1"=20' horizontal) and conduct a meeting with the Town. The goal of this meeting will be to discuss the design constraints and location for planned improvements and obtain staff input before proceeding with preliminary design. IME will prepare and distribute minutes from the meeting to Town staff. External entities (such as CDOT and FHWA) that must license, approve or permit the project wilt be identified at this time. This phase of the work is expected to take 1-2 weeks Phase II — Preliminary Design and Plans IME will then complete preliminary design (50-60%) of the planned improvements. The preliminary plans will include the cover sheet, standard plans list, plan and profile drawings (indicating layout, grading, drainage, retaining walls, rails, utility relocation, striping, signage, and re -vegetation), and cross sections at 100' intervals. Profile and cross section drawings will be at 1"=20' horizontal (to match the plans) and 1"=2' vertical scale. The preliminary plan set may also include some typical detail drawings (such as typical pavement 7 Page 6 Nottingham Road Trailhead and Bike Path Extension Engineering Design Services Proposal March 3, 2008 sections for the road widening and the trail). Preliminary earthwork quantities will be calculated to identify the magnitude of import/export of fill material anticipated to complete the planned improvements. And a legal description for a 20' wide access easement centered on the existing trail through Tract A will be prepared for Town staff to use in negotiations with the property owner. IME will also begin coordination with COOT during this phase of the work and will provide the preliminary plans, data and documents to Town staff and, if possible, CDOT for review and redline comments. A preliminary draft of the license agreement or permit application will also be prepared at this time. The preliminary plans will be completed in 3 weeks. Phase Ill — Final Design and Preparation of Construction Documents IME will complete the design and plans, incorporating comments received from Town staff and COOT. The construction drawings will include final cover sheet with a vicinity map and general notes, standard plans list, plan/profile sheets with horizontal and vertical control (indicating layout, grading, drainage, erosion and sediment controls, retaining walls, rails, utility relocation, striping, signage, and re -vegetation), cross sections, and typical details. Note: Site disturbance is anticipated to be less than one acre, so preparation of a Stormwater Management Plan and/or NPDES permit application is not included in the basic scope of services. lME will complete Contract Documents (including TOA Standard Contract Boilerplate, CDOT Standard Specifications and Standard Project Special Provisions, Town of Avon Supplemental Technical Specifications and Bid Tabulation Sheets), and a final engineers estimate of probable construction costs for the trailhead parking and path extension. The Contract Documents will outline the constraints and limitations for work scheduling and traffic controls that will be imposed by COOT and the Town and require completion of a suitable construction staging and traffic control plan by the Contractor (following award of the construction contract) for review and approval before construction begins. (ME will finalize the legal description for the access easement centered on the existing trail through Tract A at the width negotiated by Town staff in their negotiations with the property owner. IME will also prepare a final draft license agreement or complete a CDOT special use permit application. Completion of the construction documents is expected to take 2-3 weeks. Final Plans and Documents will be provided to Town staff (in hardcopy and electronic formats) to Page` Nottingham Road Trailhead and Bike Path Extension Engineering Design Services Proposal March 3, 2008 forward to CDOT for licensing or permitting and for reproduction for bidding purposes. Note that CDOT's review and approval process can be expected to take a minimum of 45-60 days after submission of the final plans. Phase IV - Construction Administration Under the basic scope of services, IME staff will aid Town staff with the pre -bid conference, preparation of addendums, evaluation of construction bids, and the pre -construction meeting. We will also assist the Town in obtaining necessary permits from CDOT, if required. IME staff will survey the completed project and produce record drawings. These drawings will be submitted to the Town (as both hard copy drawings and electronic files) for forwarding to CDOT. Although it has not been included in the basic scope of work, IME staff is available to provide the Town with services related to construction staking, clarification of the plans and specifications, review of requested changes and corrections, periodic field visits, construction quality assurance and construction contract administration during construction, as requested. All such extra services, if desired, will be provided for an additional fee (to be negotiated when the project is ready for construction and the scope is defined, or on a time and material basis, in accordance with the enclosed fee schedule). Fee The estimated fee for the proposed basic services is $23,775.00. We will not exceed this fee without prior approval. Our fees are detailed as follows: 1. Conceptual Design 2. Preliminary Design and Plans 3. Legal Description - Tract A Access Easement 4. Final Construction Document Preparation 5. Bid Assistance and Record Drawings 6. Reimbursable Expenses TOTAL $3600.00 $7200.00 $ 975.00 $6000.00 $5500.00 $ 500.00 $23,775.00 The services are inter -related. The total fee is broken down into tasks solely to facilitate communication of the scope of work and the preparation and approval of p. -ogress billings. Hourly rates for all services are listed in the attached fee schedule. Page 8 Nottingham Road Trailhead and Bike Path Extension Engineering Design Services Proposal March ;, %'Ca08 Revisions in the scope of services or extra engineering required by the Town (except for minor or insignificant changes) may necessitate changes to the plans or documents and an associated increase in the cost of the services. All work outside the described scope of work will be billed at the normal billing rates for the individuals assigned to the project. IME will not perform out -of -scope work without authorization from the Town. Conclusion This proposal is written in response to your e -mailed request. The proposal includes an overview of our approach to the project to demonstrate our understanding of the scope of services required, a fee proposal for the defined, basic services, a copy of our general contract conditions (which are incorporated into all Inter -Mountain Engineering's Service Agreements) and our fee schedule. We feel that our experience makes IME the ideal candidate to prepare plans and contract documents for the Nottingham Road Trailhead and Bike Path Extension. We look forward to working with the Town of Avon on the project. Thank you for your consideration, Sandra E. Mendonca, P.E. Project Manager Please acknowledge your consent to this proposal/agreement by signing below and returning one copy to us. By Date Enclosures '0 intermountain ENGINEERING Civil Engineers & Surveyors EN=INEERING DESIGN SERVICES PROPOSAL FOR TOWN OF AVON, CO NOTTINGHAM ROAD TRAILHEAD AND BIKE PATH EXTENSION CORPORATE PROFILE MARCH 3, 2008 DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 I Centennial, CO 80111 Phone: 303.948.6220 ( Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 I PO Box 978 I Avon. CO 81620 I Phone: 970.949.5072 ( Fax: 970.949.9339 II INTER -MOUNTAIN ENGINEERING COMPANY PROFILE COMMITTED TO THE SUCCESS OF OUR CLIENTS Inter -Mountain Engineering's combination of engineering and construction expertise provides comprehensive professional services to municipal, corporate, institutional and private development clients throughout the Rocky Mountain Region. We are proud of the large number of our clients who stay with us, returning time after time for assistance with their projects. We consider our client's satisfaction as one measure of our quality. Our professional staff of dedicated engineers, technicians and surveyors combines the detailed technical knowledge of civil engineering with hands-on experience inactual construction to solve the most complicated problems. It is a unique combination that assures our clients a project incorporating the latest in technology while emphasizing practical, cost effective construction. Our firm's size permits the direct involvement of the principals in all projects, which in turn facilitates efficient management of each project by knowledgeable and experienced professionals. Our process ensures the integrity of every project from start to finish. One of our strengths is our ability to work closely with our clients, thus providing on time, within budget, quality projects. We recognize that each of our client's projects, no matter how large or small, is of the utmost importance to that particular client. Inter -Mountain Engineering has two offices to provide individualized service geared to the special needs of each client. Our staff is licensed in Colorado, Florida, Nevada, Nebraska, Oregon, South Dakota, Idaho, Washington and Wyoming. Inter -Mountain Engineering is a company with a proven track record of service over the past 30 years. Founded in 1977 with the purchase of a 23 -year -old engineering and survey firm, we have enjoyed the challenges entrusted to us by our clients and look forward to playing a continuing role in the future development of Colorado and the Rocky Mountain Region. Z SERVICES PROVIDED BY INTER -MOUNTAIN ENGINEERING CIVIL SITE DEVELOPMENT Surveys Stormwater Management Site Design Road and Parking Lot Design Utility Design Mining and Reclamation Project & Sub -Consultant Management SURVEYING Boundary and Lot Surveys Land Title Surveys (A.L.T.A./A.S.C.M.) Improvement Location Certificates Condominium Documents Topographic (including aerial) Surveys Horizontal and Vertical Control Construction Surveys Platting and Monumentation Flood Hazard Documentation As -Built Surveys SITE DESIGN Subdivisions Planned Unit Developments Commercial Projects Residential Projects Industrial Parks Institutional Projects Mixed Use Projects UTILITY DESIGN Hydraulic Analyses & Pipe Sizing Pretreatment & Treatment Facilities Lift Stations & Pump Stations Storage Facilities Pipeline Plan & Profiles Water Transmission & Distribution Systems Wastewater & Stormwater Collection Systems ISDS Plans & Permitting Shallow Utility Layout & Coordination Utility Service Applications Bypass Pumping Facilities CONSTRUCTION OBSERVATION Contract Documents & Specifications Bid Packaging Contract Negotiations Permitting Assistance Contract Administration Construction Observation/Quality Assurance 1SDS inspections & Certificates SIA Inspections & Release Certificates Warranty Inspections & Release Certificates SITE EVALUATION Environmental Assessments (CE, EA & EIS) Zoning Documents Site Planning Earthwork Quantities Flood Hazard Assessments STORMWATER MANAGEMENT Hydrologic Studies Stormwater Management Plans Erosion and Sediment Control Plans Flood Storage and Controlled Release Stormwater Quality Treatment Stormwater Conveyances Storm and Sanitary Sewer Separation Discharge Permit Applications Grading & Drainage Plans BMP Selection and Design ROAD & PARKING LOT DESIGN Traffic Studies & Reports Parking Needs Assessments Circulation & Turning Movement Analyses Snow Removal & Storage Analyses Street Layout & Design Street Improvement Projects Intersection Design (including signals & round -a -bouts) Road Plan & Profiles Road Cross Sections Resurfacing & Overlays CDOT Access Permits & NTP PUBLIC WORKS ENGINEERING Infrastructure Master Planning Infrastructure Modeling Capital Improvement Projects Storm and Sanitary Sewer Separation COMPUTER SERVICES AutoCAD LDD AutoTURN Haested Methods l3 Inter-MownInter-Mown a ENGINEERING Civil Engineers & Surveyors ENGINEERING DESIGN SERVICES PROPOSAL FOR TOWN OF AVON, CO NOTTINGHAM ROAD TRAILHEAD AND BIKE PATH. EXTENSION RESUMES MARCH 3, 2008 DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 I Centennial, CO 80111 J Phone: 303.948.6220 ( Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 ( PO Box 978 ( Avon, CO 81620 I Phone: 970.949.5072 I Fax: 970.949.9339 Inter -Moon in ENGINEERING Civil Engineers & Surveyors SANDRA E. MENDONCA, P.E. Engineering Project Manager Ms. Mendonca is a licensed professional engineer with more than 24 years experience in public and private sector planning, design and construction. She joined the firm in 1999. Representative Experience: Since her employment with IME, Ms. Mendonca has served as Project Manager for Sterling Pointe Condominiums, a 164 unit multi -family residential development in Fraser with public trails; River Park Condominiums, a 189 unit multi -family residential development in New Castle; Sunray Meadows Condominiums, a 136 unit multifamily residential development with a public trail connection in Steamboat Springs; Buffalo Ridge, a 244 unit multifamily residential development with extension of Swift Gulch Road and a detached multi -purpose path in Avon; Metcalf Gulch Drainage Improvements Construction Services in Avon; Nottingham Road Streetscape and Street Improvements in Avon; Nottingham Road Bike Path in Avon; West Beaver Creek Boulevard Construction Services in Avon; The Gates at Beaver Creek, a 39 unit condominium development in Avon; Richard's Lake, a 300 lot planned unit development in Ft. Collins and a variety of other industrial, commercial and residential site development projects in Garfield County, Eagle County, Lake County, Summit County, Routt County, Grand County, Avon, Bachelor Gulch, Vail, Edwards, Eagle, Gypsum, Silverthorne, Boulder and the Denver metropolitan area. Previously, Ms. Mendonca held positions as Public Works Engineer and City Engineer for The Dalles, Oregon, engineering program and project manager for the U.S.D.A. Forest Service in New Mexico, Arizona and Oregon, and design engineer/project manager for consulting engineering firms in New Mexico. She has extensive experience with public involvement, planning and engineering requirements for road and trail system design, construction and maintenance. She has taken several such projects from concept development and fundraising, through final construction and beyond, to operation and maintenance activities. iC Ms. Mendonca has supervised conduct of construction services by her staff, authorized change orders and time extensions allowed by Contract, performed final inspections and recommended acceptance of transportation and utility improvements. She has also personally performed engineering construction services for a range of projects including roof replacement, elevator installation, bridges, roadways, drainage improvements, utilities, SCADA systems, paths/trails, and striping. For these projects, she documented daily construction activities and test results and prepared pay estimates. Pertinent Projects: Ms. Mendonca's work experience includes the following: • Final construction drawings and contract documents for the Town of Avon's Round -a -bout 4 Improvements • Construction drawings, contract documents and CDOT license agreement for the Town of Avon's Swift Gulch Bike Path Extension • Buffalo Ridge PUD • Construction drawings, contract documents and CDOT permitting for the Town of Avon's Nottingham Road Bike Path and Road Improvements (Phases 1 and 2) • Construction observation and CDOT approval/acceptance coordination for the Town of Avon's West Beaver Creek Boulevard Street Improvements • Drainage design for East Avon Street Improvements • Review of The Dailes Street Network Master Plan • Bicycle lane planning, design and striping in The Dailes (implementing the City's Bicycle Master Plan) • Kelly Avenue Reconstruction in The Dailes • 6th Street Sidewalk Construction in The Dailes • Implementation of portions of The Dailes Riverfront Trail Master plan including: design and construction project management for a multipurpose road/trail and an 80 foot bridge in the Mill Creek Greenway, a successful grant application for Inter -modal Surface Transportation Efficiency Act funding for a railroad underpass, assisting Wasco County with design and construction of the initial two mile section of the trail, acting as a founding member of the Board of Directors of The Dailes Riverfront Trail Development Corporation, The Dailes, Oregon • Columbia River Gorge Discovery Center, Oregon, a twenty two million dollar interpretive complex that includes the National Scenic Area interpretive center, the Wasco County Historical Museum, an Oregon Trail sponsored component, and a section of The Dailes Riverfront Trail • Project manager for NEPA documentation, trailhead and interpretive trail design for Jung/St. Cloud and Sams -Walker trails lb in the Columbia River Gorge National Scenic Area (CRGNSA), Washington • Project manager for reconstructing Multnomah Falls trail (from the lodge to the top of the falls) and observation platform, CRGNSA, Oregon • Coordinated development of the CRGNSA Design Guide • Concept planning for 50 miles of equestrian trails on the Siuslaw National Forest, Oregon • Various low volume road designs for campgrounds and timber harvest Responsibilities: Ms. Mendonca is IME's engineering department manager. Her responsibilities include developing engineering cost proposals, managing projects to be completed within budget, and scheduling projects and staff to meet required completion dates. She may also serve as a project manager or senior engineer. Personal: • Registered Professional Engineer in Oregon (inactive) and Colorado (active). • Bachelor of Science, Agricultural Engineering, 19 83, Oklahoma State University • Member NSPE, ASCE, NOWRA 17 Inter -Mountain ENGINEERING Civil Engineers & Surveyors ROBERT RYAN YOST, P.E. Project Engineer Mr. Yost has been with Inter -Mountain Engineering since 2001 and has more than nine years experience working as a civil engineer. Mr. Yost has been part of IME's project management and design teams for various projects throughout Colorado. Project Types: ■ Civil Site and Roadway Design • Site Grading and Drainage Design and Drafting • Pipeline Design and Drafting • Field Inspection and Materials Testing Representative Experience: Project Engineer for the 2005, 2006 and 2007 Avon Street Improvements, Avon, Colorado. Project Engineer for River Park Condominiums, New Castle, Colorado. Assisted in design and drafting of construction plans, as well as project management and coordination. Project Engineer for Sunray Meadows Condominiums, Steamboat Springs, Colorado. Assisted with design of construction plans, as well as project management/coordination. Design Engineer for Nottingham Road Improvements, Avon, Colorado. Assisted with design and drafting of construction plans. Design Engineer and Field Engineer for East Avon Streetscape Project, Avon, Colorado. Assisted with design and drafting of construction plans and answered contractor's questions during construction. Design Engineer for Buck Creek Drainage Improvements, Avon, Colorado. Assisted with design and drafting of proposed pipe and channel improvement plans, profiles and details under the supervision of a licensed engineer. Assisted with quantity take -off and engineer's estimate. Field Engineer for Buffalo Ridge Condominiums, Avon, Colorado. Responsible for scheduling and conducting quality assurance testing services under the supervision of a licensed engineer. Field Engineer for Metcalf Ditch Drainage Improvements, Avon, Colorado. Provided field engineering services and quality assurance testing services under the supervision of a licensed engineer. Personal: • Colorado Registered Professional Engineer (40842) ■ Bachelor of Science, Civil Engineering, 1996, University of Minnesota, Institute of Technology — Minneapolis, Minnesota • University of Minnesota- Duluth, Minnesota, September 1991- May 1992. Curriculum focused on mathematics, computer science and economics. l9 1 Inter- fountain j ENGINEERING vii Engineers & Surveyors MICHAEL MONROE Civil Designer/Technician Mr. Monroe has been with the firm since 1991 and has over 10 years experience in construction, 16 years experience in civil design and spent three years in the military. Project Types: • Residential and Commercial Construction • Civil Design and Drafting • City and County Road Design • Private Dam and Power Plants Representative Experience: Civil technician on Nottingham Road Improvements in Avon, CDOT Access Permit for Hillcrest Drive in Edwards, COOT Access Permit for Southfork Meadows in Edwards. Civil technician on Manor Vail Condominiums in Vail, Buffalo Ridge Apartments in Avon, Sunray Meadows Condominiums in Steamboat Springs, Quail Run Condominiums in Steamboat Springs, The Ponds at Blue River in Silverthorne, Hithe Homestead Filing No. 2 in Edwards. Responsible for partial design and drafting of construction plans for a variety of commercial and residential developments, providing stakeout coordinates for survey crew and answering contractor questions during construction. Civil technician for Woodbridge Commons in Laconia, New Hampshire. Responsible for design and drafting of road and sewer plan and profiles as well as preparing architectural plans for the 88 condominium units. Civil technician for several dam projects on the Kennebec River in Maine, and the Connecticut River in Massachusetts. Responsible for drafting erosion, timber pile, and GIS drawings. Personal: • Associates degree in architecture from Front Range Community College, Broomfield, Colorado. • Infrared technical repair from US Army Technical School Ft. Huachucha, Arizona. �.0 Inter=Mountain ENGINEERING Civil Engineers & Surveyors ENGINEERING DESIGN SERVICES PROPOSAL FOR TOWN OF AVON, CO NOTTINGHAM ROAD TRAILHEAD AND BIKE PATH EXTENSION GENERAL CONDITIONS MARCH 3, 2008 DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 l Centennial, CO 80111 ( Phone: 303.948.6220 ! Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 l PO Box 978 j Avon, CO 81620 l Phone: 970.949.5072 I Fax: 970.949.9339 /), Inter -Mountain I ENGINEERING Civil Engineers & Surveyors General Conditions THESE GENERAL CONDITIONS ARE INCORPORATED INTO AND MADE A PART OF AGREEMENTS FOR SERVICES BY INTER -MOUNTAIN ENGINEERING, LTD. L Responsibilities of Inter -Mountain Engineering, Ltd.: A. IME will perform professional engineering and/or professional surveying services as specified under "Basic Services" and when authorized, "Additional Services". IL Responsibilities of Client: A. Provide all criteria and full information as to the requirements of the project. Furnish all appropriate tests, reports, and surveys not included in Basic Services. A Title Insurance policy shall be provided when a survey is included in Basic Services. IME shall be entitled to rely upon the accuracy and completeness of such information. B. Render approvals and decisions as expeditiously as necessary for the orderly progress of IME services. C. Give prompt notice to IME of any development that affects the scope or timing of its services. D. Coordinate the work of IME with that of others. E. Give complete and careful consideration to services and recommendations provided by IME. F. Provide "Right of Entry" for IME and all necessary equipment. IME will take reasonable care to reduce damage to property, however, it is understood that in the normal course of work, some damage will occur, the repair of which is not part of this agreement. G. Delineate the location of all utility lines and subterranean structures within the property. IME shall not be responsible for damage resulting from their incorrect location. Ill. Compensation: A. IME shall submit invoices to client monthly and a final bill upon completion of services. Invoices are due upon presentation and client approval, and past due 30 days after the invoice date if approved by client; client agrees to pay a service charge of 1 3/4 percent per month on past due accounts. B. If it becomes necessary to enforce collection, client agrees to pay all costs of collection, including attorney's fees. C. It is understood that estimates of professional fees are based upon the preparation of designs, reports, or surveys for a single design concept or site plan, and that charges to that concept or additional engineering required by governing agencies (except normal "Redlines") shall constitute an increase in the scope of services. Additional Services ("Additional Services") shall be billed at the normal billing rates for the individuals assigned to the work. No Additional Services will be provided without prior authorization. IV. Standard of Care: A. Services of IME under this agreement will be performed in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the locality of the project. B. IME liability for damages to client arising from negligent acts, 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 IME, its officers and employees. V . Ownership of Documents: A. All reports, drawings, specifications, notes and other documents prepared by IME in the course of providing services are instruments of service and shall remain the property of IME. These documents are not intended to be suitable for reuse on extensions of this project or for use on any other project. Documents shall not be altered in any manner without the permission of IME. VI . Construction: A. Client agrees to require the construction contractor to assume sole and complete responsibility for the construction of the project including the safety of persons and property and the means, methods, techniques and sequences of construction. B. If IME is not providing services during the construction process, client hereby agrees to contact IME if construction documents are unclear or if errors or discrepancies are discovered. 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. C. If construction observations are provided, the term "Observation" implies only that IME would observe the progress of the contractors work, and perform tests, from which to develop an opinion as to whether the work essentially complies with the job requirements. Our efforts shall be directed at providing the client with a greater degree of assurance that construction is proceeding in accordance with project requirements. The presence of IME representatives will be for the purpose of providing observation and/or testing. IME work does not include Zz, supervision or direction of actual work of the contractor, his employees or agents. Neither the presence of IME representatives or their observations or testing shall excuse the contractor in any way for defects discovered in his work. D. Any opinions of project cost rendered by IME represents it's best judgment and are furnished for general guidance. IME makes no warranty as to the accuracy of such opinions as compared to bid or actual costs. VII. Soils and Materials Testing: A. Client recognizes that subsurface conditions may vary from those encountered at the locations where explorations are made, and that data, interpretations and recommendations made by IME are based solely on the information available to it. B. Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or near the project site and has informed IME of any information or findings relative to the possible presence of such materials. Should unanticipated hazardous material be discovered in the course of the performance of services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require IME to take immediate measures to protect health and safety, Client agrees to compensate IME for costs incident to taking such measures and for any equipment decontamination required. IME agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold IME harmless from any and all liability arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials. C. IME will discard samples 30 days after submission of reports on those samples. IX. Insurance: A. IME and it's employees are protected by insurance which meets or exceeds statutory requirements for Workman's Compensation, Public Liability, Property Damage and Professional Liability. Certificates evidencing coverage will be provided upon request. IME shall in no event be responsible for any loss or damage beyond the amounts, limits and conditions of such insurance. X. Miscellaneous: A. This agreement shall be governed in accordance with Colorado law. B. Services are for the exclusive use of the Client for this specific project. These services are not to be relied on by others without the specific authorization of IME. C. Neither party shall assign or transfer any interest in this agreement. D. This agreement may be terminated by either party upon 7 days written notice to the other, in which case IME shall be paid for all services provided up to termination, plus all additional cost incurred by IME due to said termination. 23 Inter=Mountain ENGINEERING Civil Engineers & Surveyors ENGINEERING DESIGN SERVICES PROPOSAL FOR TOWN OF AVON, CO NOTTINGHAM ROAD TRAILHEAD AND BIKE PATH EXTENSION FEE SCHEDULE MARCH 3, 2093 DENVER OFFICE 6551 S. Revere Pkwy., Suite 165 1 Centennial, CO 80111 I Phone: 303.948.6220 I Fax: 303.948.6526 VAIL VALLEY OFFICE 40801 U.S. Highway 6, Suite 203 ( PO Box 978 I Avon, CO 81620 I Phone: 970.949.5072 I Fax: 970.949.9339 Inter -Mountain ENGINEERING Civil Engineers & Surveyors PROFESSIONAL FEE SCHEDULE January 1, 2008 PROFESSIONAL FEES: Principal Engineer Project Manager Senior Engineer Project Engineer Design Engineer Field Engineer Surveyor Survey Crew without GPS 2 Man Survey Crew with GPS 1 Man Survey Crew with GPS Senior Technician Technician Technical. Typist Computer Processing Photocopies Blueprinting Outside Services Mileage @ $0.50 per mile $140.00/hr $120.00/hr $105.00/hr $95.00/hr $85.00/hr $75.00/hr $105.00/hr $135.00/hr $155.00/hr $130.00/hr $85.00/hr $75.00/hr $40.00/hr $65.00/hr $0.15/each $3.50/sheet Actual Cost +15% Schedule overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. 6551 S. Revere Parkway, Ste. 165 • Centennial, Colorado 80111 • Phone: 303-948-6220 • Fax: 303-948-6526 40801 US Hwy 6 & 24, Ste. 203 • P.O. Box 978, Avon, Colorado 81620 • Phone: 970-949-5072 • Fax: -970-949-9339 Toll Free: 800 856 2258.916 Palmer Si. • Salida, Colorado 81201 • Phone: 719 539 1183 • Fax: 719 539 1183 C-aci,1 b,4- 3 Decision Memo Singletree and West Avon Recreation Trails USDA Forest Service Holy Cross Ranger District, White River National Forest Eagle County, Colorado T5S R82W Sections 2 and 3 Information contact: Beth Boyst Eagle Ranger District, Wilderness Specialist (970)328-6388 or bboyst@fs.fed.us Responsible Official: Brian A. Lloyd Acting District Ranger (970)328-6388 Background The USDA, Forest Service is working in cooperation with the Town of Avon, Berry Creek Metro District, and the Singletree Property Owners Association to improve non -motorized trail recreation opportunities north of 1-70 and west of Metcalf Road in Avon. All parties recognize that it is mutually beneficial to work in partnership to maintain quality trail recreation experiences, protect wildlife habitat, preserve open space, provide volunteer stewardship opportunities, and build grass -roots constituencies to care for National Forest System lands. Purpose and Need The purpose of this project is to improve non -motorized trail recreation opportunities on National Forest System lands adjacent to the Town of Avon, Singletree Subdivision, and Berry Creek Metro District properties. The area currently has a network of old roads and trails that are not part of the U.S. Forest Service transportation system. Portions of these nonsystem routes are located on erosive steep slopes and stabilization and/or reconstruction is needed to prevent further erosion or to improve recreation opportunities. Revegetation is needed in one area adjacent to 1-70 where motorcycles have created an illegal network of trails. The project area is within the Management Area 5.41 (Deer and Elk Winter Range) and the emphasis for management is to provide adequate amounts of quality forage, cover and solitude for deer, elk, and other species while on winter range. Dogs are required by Eagle County to be under "immediate control" - the physical presence of the Owner or Responsible Person within ten feet (10') of the Animal and such person can exhibit voice control over the Pet Animal. Pets are required to be . under control within the Town of Avon. Location This project is located in Eagle County, Colorado in portions of T5S, R82W Sections 2 and 3 on the White River National Forest, Holy Cross Ranger District. See Vicinity Map on the following page. Decision I have decided to implement the following trail, trailhead parking, and trail access point decisions outlined below (See Project Map): Trailhead Parking Beaver Creek Lookout Trailhead (Wildridge). This trailhead will be on National Forest System lands in Block 1, Wildridge Subdivision. This trailhead will be at the midway point of Beaver Creek Point on the west side of the roadway and will be constructed for 3-5 cars, surfaced, and signed for no overnight parking. Trail Access Point (No Parking) Saddle Ridge Access Point. Access to the Saddle Ridge Trail will be constructed at or immediately west of the three way intersection of the Saddle Ridge Loop and Long Spur roads, at approximately 8,220 feet. The access point will be signed "No Parking." Singletree/West Avon Recreation Trails Decision Memo 2 of 8 April 2007 27 Vicinity Map a. 1063Crre 1061111rAJ los vac?: 600'.•1 1a6a00r0J 106.200:7 Eagle W White River (A E)&#anal Fbrest 't. White River , t i : � A tilonai Forest I _._.w i d` 6O9 I White River �, - ' i Ntianal Forest 1 Witte River National Forest Vicinity Map ngletree1We st Avon Trail Project 1Miite River National Forest 0 1.25 2.5 5 Mlles Legend County Lines 'State of Co redo l= .i ay and Town Limits * Project Area flLLit .I• tl, a. ',It'rA h.:. s r-I.lurlf,•: .rojl •RWp. IL St y?.plp„lne do'AgtCl 1pn. .d t,6 71•• tan nar:a:. •ney m'at L* tiro d*as t011tfto 661AIg _• . iY. M:S!evtR,ttre,Yhf L17J)t. !<CT'C►• walla 1I•ln�•�arrJy R . L, I 'e t.Wag o * pirdaXt Arpr pat: ola ram r lute AI to CI tley 1e a cwatal.m a) yt l0 1.)•• t.ty or,. FTit ret,INA mexmtemu 1e tgltt correct, r plate ,mkW, or*Owe, 0!••• k•••• rl:rrl.0 i_i babbitt. mow or wand li ima e,sta Ihlp:raya WWI Can ale obit • Wawa. stet or batlpIOroage.OK ale pltalI w ge atalas will mday port; or g1 Sabo. ►mama norwlt path ptt4lctmay Lotbe mottle rlett a1�10ea tor rorltyorwJllebr. Forman IAD attii. •cl +:J 1tWV!! n:a,,,otlalrar:wt:r.:••c:.-':_. State or Colorado ; - w _.. �_TI -I r{ °. - , II i .I^Ftd�Cmss.Nafth4fI.70 i j L White RW2r 4000(511 rarest I _• I !II SingletreeNVest Avon Recreation Trails Decision Memo April 2007 3 of 8 (Decision continued) Trails The following trails will be placed on the US Forest Service transportation system: 1. Avon/Singletree Trail (East-West Connector) Length 1.4 miles This trail will be open to foot, horse, and bicycle travel between April 16th and December 14th and closed to all uses during the winter (December 15th to April 15th). Reconstruction of portions of the trail will be necessary to stabilize the route. 2. Knob Hill Trail Length 0.3 miles I am authorizing construction of this trail on National Forest System lands, so that it joins the existing June Creek spur (FDR 717.1A) and provides loop opportunities. This trail will be open to foot travel only between April 16th and December 14th and closed to all uses during the winter (December 15th to April 15th). This trail begins on private property owned by the Sonnenalp Golf Course and the "foot only" access is designed to prevent issues with mountain bikes crossing their property. 3. Saddle Ridge Trail Length 0.2 miles I am authorizing reconstruction of a route that beings at the Saddle Ridge Access Point and eventually terminates at the junction of the Avon/Singletree Trail. Additionally, the Beaver Creek Lookout Trail would have a spur connect to this trail. This trail will be open year around to foot, horse, and bicycle travel. To minimize impact to deer and elk winter range, dogs will be required to be on leash between December le and April 15th. If compliance with the leash regulation during the winter is not successful, then management options, such as closing the area completely, will be considered. 4. Beaver Creek Lookout Trail Length 0.6 miles I am authorizing this trail to become part of the US Forest Service Transportation System. Limited reconstruction will be necessary other than defining the terminus and connector to the Saddle Ridge Trail. Duplicate routes within the area will be closed and revegetation. This trail will be open year around to foot, horse, and bicycle travel. To minimize impact to deer and elk winter range, dogs will be required to be on leash between December 15th and April 15th. If compliance with the leash regulation during the winter is not successful, then management options, such as closing the area completely, will be considered. Restoration I am authorizing duplicate routes to be closed and revegetated with native grasses and shrubs throughout this project area. Approximately 0.8 miles of illegally created motoroycle trails will be closed, stabilized, and revegetated. The following actions are outside the scope of my decision, since they occur on private lands. Nottingham Road Trailhead. Construction of this trailhead is located on Colorado Department of Transportation's right-of-way and outside my decision authority. I will continue to work with the Town of Avon and CDOT to establish a 3-5 car, surfaced parking area with no overnight parking. SingletreeM/est Avon Recreation Trails Decision Memo 4 of 8 April 2007 23 The Knob Hill Trail Access Point (Private Property) and the Singletree Access Point (Berry Creek Metro District) are key to this project but are outside the scope of my decision. I will continue to work with the land owners, Singletree Property Owners Association, and Berry Creek Metro District to secure this access, assure that potential parking issues identified are addressed and that specific issues of parking on Winslow and Filly Drive (related to the access point) are monitored. Knob Hill Trail: This trail begins on private property owned by the Sonnenalp Golf Course and construction on their private property is outside of my decision. I understand that the Berry Creek Metro District will obtain a 15 year renewable leases for the access and trail on private property. The lease will allow foot travel only between April 16th and December 14th. Additionally, the proposed MOU between Sonnenalp and the Berry Creek Metro District provides fencing and landscape screening to facilitate privacy if desired by the adjacent property owner. Project Map Singletree/West Avon Recreation Trails Final - April 2007 " • f 4.)ii .. r` rti hoit J •( !IL l l•p r � •l� a f • " Erg �r !.� il. {'+• r: i. 1/.? y` • •,, Legend :' • ,Trailhead Park ng Ty,' Access Point -. Trails (Closed in Winter) t • , }� ' ear Around Tra S • ,. • •: Ocen n .V rter ;.i:h Dogs or ! E3Shj: , \a. cnaI Fores: $oun;fa r' Public Involvement ,• - i • • t. 47_ I�f 3.r.•J:;: A proposal to analyze the non -system trails north of Avon to determine which should become system trails and what method(s) of travel is appropriate. Identify which non -system trails will be closed and restored. The proposal was listed in the Schedule of Proposed Actions (SOPA) beginning in July 2005. Singletree/West Avon Recreation Trails Decision Memo 5 of 8 April 2007 30 The SOPA is published quarterly and is mailed to interested individuals or groups. The SOPA also appears on the White River National Forest website. The proposal was provided to the public and other agencies for comment during scoping between February 1, 2007 and March 9, 2007. A news release was published in the Vail Daily on February 5, 2007 and two open houses were held on February 15 (Wildridge Fire Station) and February 218` (Singletree Community Center). Letters were sent to 38 adjacent property owners. In addition, the agency sent letters to the following: Tribal Consultation: Southern Ute Indian Tribe, Ute Indian Tribe, and the Ute Mountain Tribe. Other Agencies: Colorado Division of Wildlife, Eagle County Sheriff, Eagle County Commissioners, Environmental Protection Agency, Town of Avon, Singletree Property Owner's Association, Berry Creek Metro District and Holy Cross Electric. The following issues and concerns were raised concerning the proposed recreation trail system (Agency response to comments are listed in italics) 1. Impact of recreation ists and pets on winter range for deer and elk. This area is within the MA 5.41 deer and elk winter range. Although, there are no seasonal closures currently in place, my decision requires that between December 15th and April 15th the Avon/Singletree and Knob Hill trails to be closed to all uses. The Beaver Creek Lookout and Saddle Trail trails will be open year around. Dogs will be required to be on leash between December le and April 15th.. If compliance with the leash regulation during the winter is not successful, then management options, such as closing the area completely, will be considered. 2. Need to provide year around recreation opportunities Including dog walking. My decision allows the Beaver Creek Lookout and Saddle Trail trails will be open year around. However, to minimize wildlife conflicts and to protect wildlife habitat, dogs will be required to be on leash between December 15th and April 15th.. If compliance with the leash regulation during the winter is not successful, then management options, such as closing the area completely, will be considered. 3. Issues related to parking and trash at trailhead access points and trallhead parking. The US Forest Service will continue to partner with the Town of Avon, Singletroe Property Owner's Association, and Berry Creek Metro District to assure that parking issues related to the recreational trails are addressed. We plan to enter into a formal agreement with the partners to outline responsibilities, funding, and schedule work projects. The Beaver Creek Overlook Trail trailhead parking area (on National Forest System lands) will be constructed to keep vehicles off the road corridor and signed "No overnight parking" to reduce issues. I understand that street parking is not allowed within Singletree. The Singletree Property Owner's Association has agreed to monitor the parking issues and place trailhead and "No Parking" signs near the Knob Hill Access Point on Filly and Winslow Drives. 4. Private property impacts from new trail construction at Knob Hill. The concerns and issues regarding trail construction occur primarily on private property before the trail joins National Forest System lands. I understand that the Singletree Property Owner's Association has offered to assist with fencing and landscaping to minimize the impact of the trail. 5. Bicycle trails should be designed specifically to allow for travel both ways and use large "C" —shaped switchbacks. The footprint for trails open to bicycle travel has already been constructed and the improvements are constrained by terrain and current infrastructure. Singletree/West Avon Recreation Trails Decision Memo 6 of 8 April 2007 3t Reconstruction plans will be reviewed with the handbook standards in mind and local mountain bikers recommendations to improve the trails where feasible. 6. Need to provide access for Holy Cross Electric to maintain the KV powerline in the project area. Access and maintenance schedules are authorized within the permitee's special use permit and annual operating plan and outside the scope of this decision. i understand that there may be future needs for motorized access on the Singletree/West Avon trail. Findings Required by Other Laws This decision is consistent with the White River National Forest Land and Resource Management Plan (Revised 2002) as required by the National Forest Management Act. The project was designed in conformance with forest plan standards and incorporates design criteria to meet Forest Plan guidelines for protecting Deer and Elk Winter Range (MA 5.41). Restricting dogs on leash between December 15th and April 15m on the Beaver Creek Lookout and Saddle Ridge Trails and closinQthe Singletree/West Avon and Knob Hill trails to recreation use between December 15th and April 15 are the key design criteria to address management area concerns and issues. This decision is compliant with the Endangered Species Act. A biological evaluation was conducted and the determination was that the project will not significantly impact any listed Threatened and Endangered Species. There would be no effects to the Uncompahgre fritillary butterfly or potential habitat and there would be no effects to lynx or lynx habitat from this project from the proposed projects. This decision is compliant with the National Historic Preservation Act. The project area has been inventoried for cultural resources during previous projects. Archeological sites recorded in the project area have been determined as not eligible to the National Register of Historic Places. The cultural report finds that this project will have no effect on historic properties. There are no flood plains, wetlands, congressionally designated areas (wilderness, wilderness study areas, or National Recreation areas), inventoried roadless areas, or research natural areas within the project areas Reasons for Categorical Exclusion This action is categorically excluded from documentation in an environmental impact statement or an environmental assessment because its falls into Category 1 (Construction and Reconstruction of Trails) of Section 31.2 (Categories of Actions for which a project or case file and decision memo are required.) from FSH 1909.15, Chapter 30. The categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects which may significantly affect the environment. I considered the concerns regarding deer and elk winter range and have developed human and pet regulations between December 15th and April 15th to minimize impact to wildlife. Since there are no restrictions in the area currently, the increased regulations for pets and recreationists should improve, or at a minimum stabilize, winter range conditions. Implementation Date This project may be implemented immediately. Administrative Review or Appeal Opportunities This decision is not subject to administrative appeal pursuant to 36 CFR part 215.12(f). SingletreeiWest Avon Recreation Trails Decision Memo 7 of 8 April 2007 .3Z Contact Person For additional information concerning this decision or the Forest Service appeal process, contact Beth Boyst, Wilderness Specialist, White River National Forest — Eagle/Holy Cross Ranger District, PO Box 720, Eagle, CO 81631 or at (970)328-6388. q lag 107 Brian A. Lloyd Date Acting District Ranger Singletree/West Avon Recreation Trails Decision Memo 8 of 8 April 2007 33 .4 co .Q I 0 C t —I 44. Li .444 .44 — — r N 0) C 0 Access Point - - - - Trails (Closed in Winter) 0) I— 0 U) d) —J C 0 0 4) C C 0. O Lii 6 National Forest Boundary 3�. USFS Agreement No.: 07 -CS -11021507-038 Cooperator Agreement No. Grants & Agreements Financial Plan Worksheet - FY2007/2008 1. Financial Plan Matrix: FOREST SERVICE COOPERATOR (a) Non -Cash Contrib. (b) Value of In -Kind Contrib. (c) Reimb. Coop. Expenses (d) Non -Cash Contrib. (e) Value of In -Kind Contrib. (f) Cash Contrib. (9) I (h) I (0 I (i) ' (k) I 0) THIRD PARTY CONTRIBUTIONS - COST ELEMENTS Cash Non -Cash Value of in-Kinc (m) Total Direct Costs Non -Fed Federal Non -Fed Federal Von-FerFedera Salaries/Labor $3,700.00 $18,000.00 $6.600.00 $800.00 $29,100.00 Travel $0.00 Equipment Use $650.00 $650.00 Supplies $0.00 Materials $3,600.00 $3,600.00 Printing $0.00 Other - Contract $40,000.00 $40,000.00 Subtotal $4,350.00 $18,000.00 $0.00 $50,200.00 $0.00 $800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $73,350.00, $0.00 Indirect Costs Total $4,350.00 $18,000.00 $0.00 $50,200.00 $0.00 $800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $73,350.00 (n) Estimated Program Income (subtract from total of column (m): (0) Net Total Project Value: $73,350.00 2. Cost Analysis: Use the following section to show additional information that supports the lump sum figures provided above. Salarv/Labor = hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem rate; Equipment Use = hrs or days x rate; Supplies & Materials -list of items and estimated cost; Printing = estimated cost per item; Indirect Cost = Direct cost x current indirect rate. (a) Forest Service Salary in support of training volunteers to maintain trails, trailheads and reviewing reveg work proposal, and supervising contractor and volunteers. GS -7 $220/day x 10 days=$2200. Law enforcement Patrols $1500. Materials and Tools: Provide hand tools in support of projects: $500. Carsonite signs and stickers $150. Forest Service volunteers to support restoration and trail work. $15.00 hour (GS -5) wages x 6 hours x 20 people = (b) $18,000. (c) None (d) TOA: Saiary:Staff time to award reveg contract (3 days), improve closure to motorized bikes (2 days), work with CDOT on trailhead parking (2 days), review trailhead signs (2 days) and provide law enforcement patrols (lx week x 24 weeks) = 33 days x 8 hrs x $25.00/hr =$6600. 50% of Reveg contract $20,000. Purchase trail signs $600. SPOA:25% of reveg contract - approx. $10,000, purchase and install trailhead signs for Knob Hill and Avon/Singletree $500, improve access point @ Avon/Singletree $1000. BCMD: 25% of reveg contract - approx. $10,000, purchase and install trailhead signs for Knob Hill and Avon/Singletree $500, improve access point @ Avon/Singletree $1000. (e) (f) SPOA: Provide funds to USFS for Knob Hill trail design (50%) $400. BCMD: Provide funds to USFS for Knob Hill trail design (50%) $400. (g) (h) (I) (1) Page 1 u� uu a a O o cc -Q- '--.5 _ rr r - ID 01 El 3 0 O C, L: J {• . w* G? FIT r -F CD 5 CD Q CP D) o' H C - FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -I1021507-038 840801362 841311160 840771088 7/5/2007 CHALLENGE COST SHARE AGREEMENT BETWEEN TOWN OF AVON, SINGLETREE PROPERTY OWNERS' ASSOCIATION, BERRY CREEK METRO DISTRICT AND UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE WHITE RIVER NATIONAL FOREST, HOLY CROSS RANGER DISTRICT This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and between the Town of Avon, hereinafter referred to as Avon, Singletree Property Owners' Association, hereinafter referred to as Singletree, Berry Creek Metro District, hereinafter referred to as Berry Creek, and United States Department of Agriculture Forest Service, are hereinafter referred to as Forest Service, under the provisions of the Department of Interior and Related Agencies Appropriation Act of 1992, P.L. 102-154 and Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as amended by Public Law 104-127). A. PURPOSE: The purpose of this agreement is to articulate the working arrangement between the Forest Service, Town of Avon, Berry Creek Metro District, and Singletree Property Owners' Association on planning, developing, and maintaining a recreational trail system on National Forest System lands north and east of the Berry Creek Ranch Subdivision (Singletree Community), Filing 1 through 4, and the Town of Avon's western boundary. This working arrangement includes aspects of trail management including signing, development of sustainable trails, maintenance, stabilization and revegetation of degraded areas and visitor education and law enforcement as described in the Decision Memo dated April 26, 2007. The challenge is to protect both the natural environment and the recreation experience in light of increased developmental pressures in the area. This trail system project is located in T5S, R82W, Sections 2 and 3 National Forest portions of and all located on National Forest System lands. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Forest Service, Avon, Berry Creek, and Singletree enter into this agreement with a goal of providing outstanding recreational opportunities for the public, while sustaining natural processes, protecting wildlife habitat, and preserving open space. The Chief of the Forest Service has identified the loss of open space and unmanaged recreation as two of four key threats to the environmental sustainability of National Forest System lands. The Town of Avon's Comprehensive Plan (02/06) has the goal of providing "an exceptional system of parks, trails, and recreational programs to serve the year-round leisure needs of area residents and visitors" and the policy to "Integrate the town's recreational trail system with the regional trail systems (Eagle County Trails, U.S. Forest Service, and BLM)." Page 1 of 7 37 FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 The Singletree Community (Berry Creek Ranch Subdivision), which is represented by the Berry Creek Metro District ("BCMD") and Singletree Property Owners' Association, has established a strategic plan to pursue "strategies and work in concert with others to retain our open space. The plan also states "Trail programs to provide proper access to public lands for our residents will be pursued". Singletree identified in their strategic plan actions to pursue "strategies and work in concert with others to retain our open space. Trail programs to provide proper access to public lands for our residents will be pursued." Berry Creek has already acted to invest funds to improve access for the trail at Charolais/Mesquite (FDR 7-1879.1). Additionally, Lot 1, Block 2 in the third filing of the subdivision was purchased to provide access to the Forest Service parcel east of the Singletree community, the area which is targeted by this agreement. The Singletree community shares boundaries with the Forest Service to the east, west and north, has over 950 dwelling units and a population of over 2,000 residents, the large majority of which are full time residents of Eagle County. It is mutually beneficial to work in partnership to develop and maintain quality trail recreation experiences, protect wildlife habitat, preserve open space, provide volunteer stewardship opportunities, and build grass -roots constituencies to care for National Forest System lands. The parties recognize that the Forest Service will be the ultimate decision maker with regard to all aspects of analysis, construction, restoration and maintenance of the National Forest System trails or routes and management of these lands in compliance with established laws, regulations and policies. C. FOREST SERVICE SHALL: 1. Provide expertise and oversight on trail construction standards and signing for this trail system project. 2. Survey, design, and layout all trail construction and reconstruction plans. 3. Review and authorize all trail and trailhead construction plans on National Forest System lands. 4. Provide Forest Service staff to train Forest Service volunteers to maintain trails, trailheads, and trail access points. Teach Forest Service volunteers visitor contact protocol and the importance of safety and being a "good host." 5. Provide hand tools needed for maintenance and construction projects. D. AVON SHALL: 1. Provide funding and/or materials to support trail reconstruction, maintenance, signing, and site rehabilitation as agreed to in the annual operating and financial plan. Page 2 of 7 3g FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 2. Design, survey, and construct the Nottingham Road and Beaver Creek Lookout trailheads. 3. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access point maintenance and to patrol for compliance with regulations. E. SINGLETREE SHALL: 1. Provide funding and/or materials to support trail reconstruction, maintenance, signing, and site rehabilitation as agreed to in the annual operating and financial plan. 2. Design and construct Knob Hill Trail Access Point. 3. Redesign and improve the existing Avon/Singletree Access Point. 4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access point maintenance and to patrol for compliance with regulations. F. BERRY CREEK SHALL: 1. Provide funding and/or materials to support trail reconstruction, maintenance, signing, and site rehabilitation as agreed to in the annual operating and financial plan. 2. Design and construct Knob Hill Trail Access Point. 3. Redesign and improve the existing Avon/Singletree Access Point. 4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access point maintenance and to patrol for compliance with regulations. G. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. CONTINUING PARTNERSHIP. All parties will arrange for a continuing consultation at a minimum on an annual basis to discuss the conditions covered by this agreement and agree to actions necessary to implement and further the stated goals. These goals will be agreed to in writing by both parties in accordance with G.6. below. 2. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS. Forest Service support shall be acknowledged in any publications and audiovisuals developed as a result of this instrument. 3. COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of the amount to which the cooperator is finally determined to be entitled under the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding may reduce the debt by: (1) Making an administrative offset against other requests for reimbursements. (2) Withholding advance payments otherwise due to the cooperator. Page3 of7 FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. (3) Taking other action permitted by statue. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt. 4. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax identification number upon execution of this instrument. 5. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not available for reimbursement of recipient/cooperator purchase of equipment (and supplies). 6. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service, Inspector General, or Comptroller General, through any authorized representative, shall have access to and the right to examine all records related to this instrument. As used in this provision, "records" includes books, documents, accounting procedures and practices, and other data regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. All records pertinent to this agreement shall be retained for a period of 3 years. 8. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 9. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary recipient/cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such recipients'/cooperators' programs that are produced by the recipients/cooperators for public information, public education, or public distribution: "In accordance with Federal law and U.S Department of Agriculture policy, this institution is prohibited from discriminating on the basis of Page 4 of 7 4-0 BS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer." If the material is too small to permit the full statement to be included, the material will at minimum include the statement, in print size no smaller than the text, that "This institution is an equal opportunity provider." 10. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest ' Service as other National Forest improvements of a similar nature. No part of this instrument shall entitle the cooperator to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service. 11. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to pay nonfederal share of project costs) to ensure proper planning, management, and completion of the project. 12. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations and individuals. 13. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written modification may extend the performance period of this instrument for a total duration not to exceed 5 years from its original date of execution. 14. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as possible. Full credit shall be allowed for each Party's expenses and all non -cancelable obligations properly incurred up to the effective date of termination. Excess funds shall be refunded within 60 days after the effective period. 15. PRINCIPAL CONTACTS. The principal contacts for this instrument are listed in the Annual Operating Plan. Page 5 of 7 FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 16. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis - Bacon or Service Contract Act) are applicable to any contract developed and awarded under this instrument where all or part of the funding is provided with Federal funds. Davis -Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500. The Forest Service will award contracts in all situations where their contribution exceeds 50 percent of the costs of the contract. If a cooperator is approved to issue a contract it shall be awarded on a competitive basis. 17. DUNS NUMBER (5/04): The cooperator shall furnish their DUNS number upon execution of this instrument. You may obtain a DUNS number by contacting Dun and Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by telephone at no charge. 18. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply: 1. The payment recipient does not have an account at a financial institution. 2. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check. 3. The payment recipient has a physical or mental disability, or a geographic, language, or literacy barrier. In order to receive EFT payments the recipient/cooperator shall register in the Central Contractor Registry (CCR). You may register by going to www.ccr.gov and following the instructions provided on line. For assistance, contact the CCR Assistance Center at 888-227-2423 or 269-961-4725. 19. ENDORSEMENT. Any cooperator contributions made under this instrument do not by direct reference or implication convey Forest Service endorsement of the cooperator's product or activities. 20. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this Agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding. 21. ANNUAL OPERATING/FINANCIAL PLAN. The attached AOP/financial plan is hereby incorporated and becomes a part of this agreement. Page 6 of 7 Z-. FS Agreement No Beny Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through July 15, 2012 at which time it will expire unless extended. 23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. TOWN OF AVON BERRY CREEK METRO DISTRICT RON WOLFE MAYOR DATE DONALD E. COHEN DATE SINGLETREE PROPERTY OWNERS ASSOCIATION PRESIDENT USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST HOLY CROSS RANGER DISTRICT --a.L.K S. -1(.3‘vk �PI�RLES (O.1)E S D TE BRIAN A. LLOYD DATE PRESIDENT The authority and format of this instrument has been reviewed and approved for signature. r.9-bLv.c Elaine Langsta FS Agreements Coordinator Job Code - To be Issued - $800.00 -1/51O7 DATE DISTRICT RANGER Page 7 of 7 FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -1]021507-038 840801362 841311160 840771088 7/5/2007 22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through July 15, 2012 at which time it will expire unless extended. 23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. TOWN OF AVON BERRY CREEK METRO DISTRICT .PtYlddf 7////(27 / RON WOLFE DATE DONALD E. COHEN DATE MAYOR PRESIDENT SINGLETREE PROPERTY OWNERS ASSOCIATION CHARLES POWERS USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST HOLY CROSS RANGER DISTRICT DATE BRIAN A. LLOYD DATE PRESIDENT DISTRICT RANGER The authority and format of this instrument has been reviewed and approved for signature. Elaine Langstaff` U ti DA E FS Agreements Coordinator Job Code - To be Issued - $800.00 Page 7 of 7 FS Agreement No Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/2007 22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through July 15, 2012 at which time it will expire unless extended. 23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. TOWN OF AVON BERRY CREEK METRO DISTRICT RON WOLFE MAYOR DATE DONALD E. COHEN DATE SINGLETREE PROPERTY OWNERS ASSOCIATION CHARLES POWERS PRESIDENT USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST HOLY CROSS RANGER DISTRICT DATE BRIAN A. LLOYD DATE PRESIDENT DISTRICT RANGER The authority and format of this instrument has been reviewed and approved for signature. Elaine Langstaff v 1y FS Agreements Coordinator -7/yoTE7 A Job Code - To be Issued - $800.00 Page 7 of 7 4-5 FS Agreement No. Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. ANNUAL OPERATING PLAN - EXHIBIT A Scope of Work 07 -CS -11021507-038 840801362 841311160 840771088 7/5/07 I. GENERAL PROJECT DESCRIPTION: The Town of Avon, Singletree Property Owner's Association, and Berry Creek Metro District will support the trail system on National Forest System lands north and east of the Berry Creek Ranch subdivision (Singletree Community) and the Town of Avon's western boundary by assisting with the following projects: 1) Stabilization and restoration of nonsystem trails, 2) Design and improve trailheads and access points, 3) Trail Construction and Maintenance Projects, and 4) Develop a sign plan for the area, purchase and install regulatory signs and 5) Provide law enforcement for parking violations and winter wildlife closures. II. PROJECT SPECIFICS: A. FOREST SERVICE SHALL: 1. Stabilize and Restoration of nonsystem trails: a. Provide staff to review restoration plan, supervise contractors and volunteers on restoration projects at "Motorcycle Flats" (National Forest System land). b. Host at least one volunteer project to assist with stabilization and restoration of the area. c. Provide hand tools for volunteer's projects. 2. Trailheads and Access Points: a. Provide travel management stickers and carsonite signs that meet Forest Service (FS) standards for each trail head/access point. 3. Sign Plan: Design, Purchase and Installation: a. Review trailhead information and regulation sign proposals. b. As above in (2a), provide travel management signs for trails and trailheads. 4. Law Enforcement: a. Assist with enforcement of regulations including travel management, dogs on leash (winter — Wildridge access) and closures to all winter use remaining trails. GS -5 @ $125/day x 12 days = $1500. 5. Trails Projects: a. Use contributor funds ($800) to survey and flag Knob Hill Trail (GS -7 $200/day x 4 days). Knob Hill Trail is National Forest System lands and private land with a 15 year lease. 6. Coordination: a. Meet in mid -October to review completion of operating plan and to plan and budget for 2008 field operations. b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and Forest Service for review prior to release. B. TOWN OF AVON SHALL: 1. Stabilize and Restoration of nonsystem trails: a. Award contract for "Motorcycle Flats" stabilization and restoration using native seed mix appropriate for site and elevation. b. Contribute 50% of the costs of the restoration of approximately $20,000. 2. Trailheads and Access Points: a. Improve closure to motorized bikes at likely access points to the East/West Trail — Nottingham and Metcalf Road area. b. Continue to work with Colorado Department of Transportation to secure Nottingham Road Trailhead parking within their Right Of Way. 3. Sign Plan: Design, Purchase and Installation: a. Review trailhead information and regulation sign proposals. Page 1 of 4 FS Agreement No. Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/07 b. Purchase and install trailhead signs for Beaver•Creek Overlook Trailhead and Access Point (both National Forest System lands) and Nottingham Road Trailhead (CDOT easement). 4. Law Enforcement: a. Provide law enforcement of parking regulations (street and trailhead) and patrol to assist with management of winter dog on leash requirements. 5. Coordination: a. Meet in mid -October to review completion of operating plan and to plan and budget for 2008 field operations. b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and Forest Service for review prior to release. C. SINGLETREE PROPERTY OWNERS' ASSOCIATION SHALL: 1. Stabilize and Restoration of nonsystem trails: a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately $10,000.00. 2. Trailhead and Access Points: a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail (June Creek). b. Purchase and install with Berry Creek Metro District 4x4x8 posts to place travel management signs at the Avon/Singletree Trail (June Creek). 3. Sign Planning and Installation: a. Coordinate the trailhead sign proposals and reviews. b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill (installed after construction). 4. Law Enforcement: a. Work with Eagle County Sheriffs Office to patrol the Singletree access points for parking violations and violations of closures. 5. Trail Projects: a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS -7 $200/day x 2 days). b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for Knob Hill Trail. 6. Coordination: a. Meet in mid -October to review completion of operating plan and to plan and budget for 2008 field operations. b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and Forest Service for review prior to release. D. BERRY CREEK METRO DISTRICT SHALL: 1. Stabilize and Restoration of nonsystem trails: a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately $10,000.00. 2. Trailhead and Access Points: a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail (June Creek — Berry Creek Metro District land). b. Purchase and install with Berry Creek Metro District, 4x4x8 posts to place travel management signs on at the Avon/Singletree Trail (June Creek). 3. Sign Planning and installation: a. Coordinate the trailhead sign proposals and reviews. b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill (installed after construction). Page 2 of 4 4-1 FS Agreement No. Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/07 4. Law Enforcement: a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking violations and violations of closures. 5. Trail Projects: a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS -7 $200/day x 2 days). b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for Knob Hill Trail. 6. Coordination: a. Meet in mid -October to review completion of operating plan and to plan and budget for 2008 field operations. b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and Forest Service for review prior to release. E. TERM OF ANNUAL OPERATING PLAN: The project work will be completed during the period starting as of date of final signature and ending April 30, 2008. F. ADVANCE BILLING: Bill the cooperator/s prior to commencement of work for deposits sufficient to cover the estimated costs (including overhead) for the specific payment period. Overhead will not assessed due to amount of this agreement and this project being of mutual benefit. Billing for $400.00 shall be sent to: Singletree Property Owners' Association Attn: Chuck Powers PO Box 975 Avon, CO 81620 Billing for $400.00 shall be sent to: Berry Creek Metro District Attn: Donald E. Cohen PO Box 1058 Edwards, CO 81632 G. PRINCIPAL CONTACTS: The principal contacts for this instrument are: Forest Service Project Contact Don Dressler Holy Cross/Eagle RD PO Box 720 Eagle, CO 81631 Phone: 970-827-5157 FAX: 970-827-9343 E -Mail: drdressler@fs.fed.us Forest Service Administrative Contact Elaine Langstaff Grants and Agreements Specialist PO Box 948 Glenwood Springs, CO 81602-0948 Town of Avon Cooperator Project Contact Matt Pielsticker Planner II PO Box 975 Avon, CO 81620 Phone: 970-748-4030 FAX: 970-845-7708 E -Mail: mpielsticker@avon.org Town of Avon Cooperator Administrative Contact Judy Popeck Accounting Assistant PO Box 975 Avon, CO 81620 Page 3 of 4 Phone: 970-945-3224 FAX: 970-945-3211 E -Mail: elangstaff@fs.fed.us Singletree Property Owners' Association Cooperator Project Contact Chuck Powers President PO Box 1226 Edwards, CO 81632 Phone: 970-926-7020 FAX: 970-926-1225 E -Mail: charles.chuckp(agmail.com Singletree Property Owners' Association Cooperator Administrative Contact Tern Martinez Johnson PO Box 1200 Edwards, CO 81632 Phone: 970-328-5222 FAX: E -Mail: spoa95@hotmail.com FS Agreement No. Berry Creek Tax ID No. Singletree Tax ID No. Avon Tax ID No. 07 -CS -11021507-038 840801362 841311160 840771088 7/5/07 Phone: 970-748-4020 FAX: 970-845-7708 E -Mail: ipopeck@avon.org Berry Creek Metro District Cooperator Project Contact Donald E. Cohen President, Berry Creek Metropolitan District PO Box 1058 Edwards, CO 81632 Phone: 970-926-6060 x 1 E -Mail: don@ciinvail.com Berry Creek Metro District Cooperator Administrative Contact Cheri Curtis Berry Creek Metropolitan District PO Box 1058 Edwards, CO 81632 Phone: (970) 926-6060 xl FAX: E -Mail: cheri@rmpccpa.com H. FINANCIAL PLAN: Attached is a Financial Plan identified as Exhibit B for Agreement No. 07 -CS - 11021507 -038 and this Annual Operating Plan 2007 for the project work shown above. Page 4 of 4 4? TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, MARCH 11, 2008 MEETING BEGINS AT 1:45 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.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 1:45 PM — 3:15 PM 1. Executive Session pursuant to 1) CRS 24-6-402(4)(a)and(b) to discuss possible purchase or acquisition of real property and to confer with town attorney regarding pending matters related to The Village (at Avon) and the Gates project (formerly Chateau St. Claire) 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:15 PM — 3:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Battle Mountain High School Committee Update (Amy Phillips, Councilor) 3:30 PM — 4:00 PM 4. AVON RECREATION CENTER REMODEL PLANS AND COST ESTIMATE (Justin Hildreth, Town Engineer, and Shane Pegram, Engineer I, Mark Donaldson, Victor Mark Donaldson Architects) Review of design and construction cost estimates related to the remodel of Avon's Recreation Center 4:00 PM — 4:30 PM 5. WASTEWATER TREATMENT PLANT WASTE ENERGY TO SNOW MELT SYSTEM PROPOSAL (Jenny Strehler, Public Works and Transportation Director) Proposal outlining project that would capture waste heat from Avon Wastewater Treatment Plant for use in snow melt at Avon Station and other locations 4:30 PM — 5:00 PM 6. MODEL DEVELOPMENT AGREEMENT (Randy Funk, Sherman & Howard) Review of revised model development agreement; revisions include incorporating suggestions made from last discussion on 2/26/08 & legal subcommittee review 5:00 PM 7. ADJOURNMENT Avon Council Meeting.08.03.11 Page 1 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer'IkEf-- Shane Pegram, Engineer II Date: March 5, 2008 Re: Avon Recreation Center Remodel Plans and Cost Estimate Summary: This memo and attachments provide an update to Town Council on the design and construction cost estimates for the Avon Recreation Center Remodel. Victor Mark Donaldson Architects (VMDA) has completed the design services (Exhibit A) for the project. Evans Chaffee Construction Group (ECCG) has also reviewed these plans and provided a construction cost estimate (Exhibit B) for the project. 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 remodel options that will continue to be used after the planned Phase II Recreation Center expansion or the construction of the parking garage. Following the meeting, staff solicited a proposal from VMDA for base mapping, architectural & engineering services. VMDA's proposal was approved during the January 8, 2007 Town Council meeting. The remodel floor plans (Exhibit A) were developed through several meetings between VMDA, Recreation Center staff, and Engineering staff. The plans depict the addition of a second floor throughout the existing lobby and remodel of the daycare facilities. The second floor addition will provide offices, a conference room, equipment maintenance area, and an additional stretching area. The daycare remodel will provide additional offices, storage space, and improve operational efficiency. The Energy Engineering Study prepared by the Colorado Governor's Energy Office for the Recreation Center has been reviewed and has minimal impact on this project. Applicable suggestions from the study have been included into the project specifications. Staff recommends approval of the attached design and authorization to proceed with construction documentation and contract administration. Bids for construction services will be accepted and presented to Council following completion of construction documentation. Financial Implications: ECCG's construction cost estimate is $524,000. The following three alternates are included within the cost: • Installation of a new access point into the day care facility • Reinstallation of glass windows between the new second floor addition and the pool area • Relocation of the existing roof access. The cost for these three alternates is approximately $15,000. Also included within the estimate is a $13,000 allowance for the subsurface foundation investigation and possible foundation improvements. The Town of Avon 2008 CIP Budget includes $660,000 for the Avon Recreation Center remodel. The following table is a break down of expected costs. Project Item Budget Design $70,000 Construction Cost Estimate (including alternates) $524,000 IT Components $15,000 Special Inspections $5,000 Contingency (9%) $46,000 Total Budget $660,000 Recommendation: Approve VMDA's design and give authorization to proceed with construction documentation and contract administration. Proposed Motion: I move to approve VMDA's design and give authorization to proceed with construction documentation and contract administration. Town Manager Comments: NOTES: Exhibit A — Victor Mark Donaldson Architects Design Documents, dated February 18, 2008 Exhibit B — Evans Chaffee Construction Group's Construction Cost Estimate, dated March 5, 2008 • Page 2 Project Avon Recreation Center Lobby Remodel Job Size 2542 sqft Due Date 3-6-08 11:00 AM Start Date 9-29-08 Duration 6 Weeks Project 234-PCS Base Currency US Dollars Report Currency US Dollars Labor Rate Table 2007 WEI Open Shop Equipment Rate Table 2007 WEI Base Equipment Rates Client Town of Avon Address PO Box 975 325 Benchmark Rd Avon CO 81620 Country United States of America E-mail spegram@avon.org Estimator Chuck Smallwood Architect Victor Mark Donaldson AIA Structural Engineer Monroe & Newel Engineers Mechanical Engineer ME Engineers Inc. Alternate Activator Mode Selectable Active Alternates --- Base Estimate ---, Alt 01 Coloumn N7 Exploation, Alt 02 Remove Bubble Window Move Door 104, Alt 03 Stretching Window to Pool, Alt 04 Roof Access Evans Chaffee Avon Recreation Center Lobby Page 1 of 6 Remodel Construction Group, Inc. Filter: CSI Hierarchy Date: 3/5/2008 Item Description Takeoff Total Grand Qty Unit $/Unit Total Note --- Base Estimate --- 01- General Conditions 1010 - Project Managers Executive Project Manager Project Manager Project Manager - Assistant Project Management Team - Close-out Project Managers Total 1011- Project Superintendent Superintendent Superintendent - Assistant 12_20 - Office Supplies Office Supplies Postage & Express Drinking Water - Office Project Superintendent Total Office Supplies Total 7.;:40 - Plan Reproduction Shop Drawing Reproduction Bidding Sets of Contract Documents by Owner Plan Reproduction Total 1511 - Temporary Lighting Temporary Lighting 60.0 hour 90.0 hour 90.0 hour 40.0 hour 96.34 100.06 53.52 78.24 5,780.40 9,005.40 4,816.80 3,129.73 22,732 33 270.0 hour 98.54 26,605.80 Project is scheduled for 610 hr day per week for 6 weeks which will be covered by the Super and Assistant Super. 160.0 hour 69.32 11,091.20 37,597.00 1.5 mnth 1.5 mnth 1.5 mnth 10.0 each 50.0 each 122.56 91.92 61.28 4.50 80.00 183.84 137.88 91.92 413.64 45.00 4,000.00 4,045.00 1.0 Isum 500.00 500.00 Temporary Lighting Total 500.00 1515 - Temporary Fire Protection Temporary Fire Extinguisher Temporary Fire Protection Total 1521- Tool & Drysheds Storage - Trailer - Rent Tool & Drysheds Total 1524 - Temporary Protection • Finishes Protect Stair Treads Protect Finish Floors w/Plywood Protect Finishes Temporary Protection - Finishes Total 2.0 each 76.00 152.00 152.00 1.5 mnth 150.00 250.0 each 3,000.0 sqft 1.0 Isum 225.00 225.tu) 13.98 3,495.79 1.00 3,014.88 2,501.00 2,501.00 Protection of Front Desk and Cardio areas as well as mics. protection 9,011.67 1530 - Project Identification and Signs Project Sign 1.0 each 250.00 250.00 Project Identificatinn and Signs Total 250.00 1700-Punchlist. Punchlist Materials Punchlist Labor Punchlist Total 1.0 Isum 500.00 500.00 45.0 hour 57.66 2,594.70 3,094.70 1705 - Continuous Cleanup Continuous Cleanup 6.0 week 346.69 2,080.14 Continuous Cleanup Total 2,080.14 1710 - Final Cleaning Final Cleanup - Sweeping Final Cleanup - Glass Cleaning Final Cleanup - Carpet Cleaning Final Cleanup -Cabinetry Final Cleanup - Walls Final Cleanup - Ceilings Final Cleaning Total 1730 Operation Manuals Owners Manuals As -Built Drawings Operation Manuals Total 1300 - Permits Permits Fee By Owner sqft 0.19 Final cleaning by Avon Staff on site. sqft 0.15 Final cleaning by Avon Staff on site. sqft 1.25 Final cleaning by Avon Staff on site. Inft 0.90 Final cleaning by Avon Staff on site. sqft 0.25 Final cleaning by Avon Staff on site. sqft 0.15 Final cleaning by Avon Staff on site. 3.0 each 3.0 each 350.00 350.00 1,050.00 1,050.00 2,100.00 Isum Town of Avon Project will not need Fees Defining Excellence in business of the Year- 2004 Mountain Construction Evans Chaffee Avon Recreation Center Lobby Page 2 of 6 Remodel Construction Group, Inc. Filter: CSI Hierarchy Date: 3/5/2008 Item Description Takeoff Total Grand Qty Unit S/Unit Total Note Design Review Fees by Owner 02 - Sitework 2050 - Demolition Demolition 'sum Town of Avon Project will not need Fees Perrnits Total General Conditions Total 82,301.48 1.0 Isum 11,850.00 11,850.00 Demolition Total 11,850.00 2075 - Demolition Support Haul Demolition Debris -40 cuyd Dumpster per Load Haul Demolition Debris -20- 40 cuyd Dumpster by Weight Demolition Support Total 1.0 Isum 1,530.00 1.0 Isum 3,000.00 1,530.00 3,000.00 4,530 00 Sitework Total 16,380.00 03 Concrete 3314 - Concrete - Slab on Grade Slab Concrete 4000 psi Place Slab on Grade Concrete - 36 meter Boom Concrete - Slab on Grade Total 05 - Steel 5120 - Steel Erection Structural Steel Erection 06- Wood and Plastics 6101- Framing Labor Carpenter Common Laborer 26.5 cuyd 26.5 cuyd 485.00 25.00 12,852.50 662.50 13,515.00 Concrete Total 13,515.00 1,699.0 sqft 45.87 77,926.50 Steel Erection Total 77,926.50 Steel Total 77,926.50 Framing Labor Total 6201- Finish Carpentry Labor Millwork Baseboard Installation Finish Carpentry Labor Total 6220 . Millwork Millwork Benches, Bookcases, etc. Millwork Radius Desk 07 - Thermal and Moisture Protection 7200 - Insulation Interior Wall Insulation Office Ceiling Insulation Millwork Total 60.0 hour 57.66 360.0 hour 28.20 1.0 Isum 5,295.00 1.0 Isum 2,900.00 1.0 Isum 3,450.00 3,459.60 10,152.00 13,611.60 5,295.00 5,295.00 2,900.00 New Cubbies and relocate Cubbies 3,450.00 New Desk and Top 6.350.00 Wood and Plastics Total 25,256.60 Insulation Total 1.0 Isum 2,635.00 2,635.00 Office soundproofing 1.0 Isum 714.00 714.00 Office soundproofing 3,349.00 Thermal and Moisture Protection Total 3,349.00 08 - Doors and Windows 812.0 - Hollow Metal F:arres Install Hollow Metal Frames - Single Install Hollow Metal Frames - Pairs Hollow Metal Frames Total 8215 - Red Oak Flush Doors Oak Door - Solid Core - 3-0 8700 - Door Hardware Entry Door Hardware 8300 - Glazing Fixed Glazing Red Oak Flush Doors Total Door Hardware Total Glazing Total 11.0 each 125.00 1.0 each 150.00 1.0 Isum 8,354.50 1.0 Isum 2,550.00 1.0 Isum 2,944.03 1,375.00 150.00 1,525.00 8,354.50 3,354.50 2,550.00 2,550.00 2,944.03 2,944.03 Defining Excellence in business of tI-te Year- 2004 Mountain Construction Evans Chaffee Avon Recreation Center Lobby Remodel Page 3 of 6 Construction Group, Inc. Filter: CSI Hierarchy Date: 3/5/2008 Item Description Takeoff Qty Unit Total $/Unit Grand Total Note Doors and Windows Total 09 Finishes 9251- Drywall Framing Interior Partitions Metal Stud Framing 20GA Drywall Framing Total 9500 - Acoustical Treatment Acoustical Treatment Installation Acoustical Treatment Total 9682 - Carpet Cu,hair Carpet 9:00 - Special Floor; ••, Special Flooring 9900 - Painting Interior Painting Walls Touch-up Painting & Staining Carpet Cushion Total Special Flooring Total Painting Total Finishes Total 11- Equipment 11010 - Maintenance Equipment TBG Forklift 80001b Cat Telehandler Maintenance Equipment Total Equipment Total 15 • Mechanical 15300 • Fire Protection Fire Protection Fire Protection Total 15500 - HVAC Forced Air Heating System HVAC Total Mechanical Total 16 - Electrical 16000 - Electrical Electrical Rough -In Electrical Fixtures Demo - Temp Power Electrical Total 16700 - Communications Communications - Security Systems Communications -Telephone Communications -TV Satelite & Cable Communications - Data Network Communications - Audio Network Communications - Video Network Communications - Fire Alarm Communications Total Electrical Total --- Base Estimate --- Total Coloumn N7 Exploation 02 - Sitework 2150 - Shoring and Underpinning Shoring and Underpinning Shoring and Underpinning Total 2200 - Earthwork Earthwork Excavation 428.0 sqft 1.0 Isum 54,379.00 1.0 Isum 6,975.00 sqyd 33.13 22.06 1.0 Isum 12,784.35 1.0 Isum 1,000.00 15,373.53 54,379.00 54,379.00 6,975.00 6,975.00 Owner's operating budget 9,440.09 Exercise floor to match existing '9,440.09 12,784.35 1,000.00 .13,:84,35 84,578.44 2.0 days 268.00 536.00 536.00 1.0 Isum 30,231.00 536.00 30,231.00 30,231.00 1.0 Isum 23,780.00 23,780.00 2.3,730.00 1.0 Isum 27,277.00 1.0 Isum 10,565.00 1.0 Isum 3,400.00 sqft 1.00 sqft 1.00 sqft 1.00 sqft 1.00 sqft 1.00 sqft 1.00 1.0 Isum 5,500.00 54,011.00 27,277.00 10,565.00 3,400.00 41,242.00 Town of Avon Subcontractor Not in Contract Town of Avon Subcontractor Not in Contract Town of Avon Subcontractor Not in Contract Town of Avon Subcontractor Not in Contract Town of Avon Subcontractor Not in Contract Town of Avon Subcontractor Not in Contract 5,500.00 Allowance by Electrician No bid from Apex 5,500.00 46,742.00 419,969.55 1.0 Isum 1,000.00 1,000.00 Exploration of Column N-7 Allowance 1,000.00 1.0 Isum 4,000.00 4,000.00 Exploration of Column N-7 Allowance Defining Excellence in Mountain Construction business of the Year - 200+ Evans Chaffee Avon Recreation Center Lobby Remodel Page 4 of 6 Construction Group, Inc. Filter: CSI Hierarchy Date: 3/5/2008 Item Description Takeoff Total Grand Qty Unit $/Unit Total Note 03 - Concrete 31.00 - Concrete Fonnwork Concrete Footings Earthwork Total 4,O00.00 Sitework Total 5,000.00 Concrete Formwork Total Concrete Total Coloumn N7 Exploation Total Remove Bubble Window Move Door 104 02 • Sitework 2050 - Demolition Demolition 08 - Doors and Windows 8800 - Glazing Fixed Glazing 09 - Finishes 9250 - Drywall Drywall Hang & Tape Demolition Total Sitework Total 1.0 Isum 6,000.00 6,000.00 Allowance for concrete footing Column N-7 6,000.00 6,000.00 11,000.00 1.0 Isum 450.00 450.00 450.00 450.00 1.0 Isum 288.00 288.00 Relocate Door 104 Glazing Total 288.00 Doors and Windows Total 288.00 Drywall Total Finishes Total Remove Bubble Window Move Door 104 Total Stretching Window to Pool 02 - Sitework 2050 - Demolition Demolition 04 - Masonry 4200 - Unit Masonry Concrete Block - CMU 08 - Doors and Windows 8800 - Glazing Storefront Glazing 09 - Finishes 9250 - Drywall Drywall Hang & Tape Roof Access 02 - Sitework 2050 Demolition Demolition Demolition Total Sitework Total Unit Masonry Total Masonry Total Glazing Total Doors and Windows Total Drywall Total Finishes Total Stretching Window to Pool Total 1.0 Isum 529.00 529.00 S29.00 529.00 1,267.00 1.0 Isum 950.00 950.00 950.00 950.00 1.0 Isum 3,910.00 3,910.00 3.910.00 3,910.00 1.0 Isum 1,300.00 1,300.00 1,300.00 1.0 Isum 112.00 1.0 Isum 1,300.00 112.00 112.00 112.00 6,272.00 250.00 250.00 Demolition Total 250.00 Defining Excellence in Mountain Construction business of the year - 2OO4 Evans Chaffee Avon Recreation Center Lobby Remodel Page 5 of 6 Construction Group, Inc. Filter: CSl Hierarchy Date: 3/5/2008 Item Description Takeoff Total Grand Qty Unit $/Unit Total Note 05 • Steel 5120 - Steel Erection Structural Steel Railings 5515 -Ladders Ladders 08 - Doors and Windows 8305 - Access Doors - Install Install Wall Access Doors - Large Sitework Total 250.00 12.0 Ink 125.00 1,500.00 Platform Railings Steel Erection Total 1,500.00 1.0 sum 1,503.00 1,503.00 Roof Access Ladder Ladders Total 1,503.00 Steel Total 3,003.00 1.0 each 1,576.60 1,576.60 Roof Access Door Access Doors • Install Total 1,576 60 09 • Finishes 9250 - Drywall Drywall Hang & Tape - Wall Framing Doors and Windows Total 1,576.60 1.0 Isum 355.00 355.00 Platform Drywall Total 355.00 Finishes Total 355.00 Roof Access Total 5,184.60 Grand Total 2,542.0 sqft 174.54 443,693.15 Defining Excellence in Mountain Construction business of tale Year- 2OO4 Evans Chaffee Avon Recreation Center Lobby Page 6 of 6 Remodel Construction Group, Inc. Filter: CSI Hierarchy Date: 3/5/2008 CSI Division Labor Mat Subs Equip Other User Total 01 General Conditions 69,423 9,402 3,252 225 02 Sitework 23,030 03 Concrete 19,515 04 Masonry 3,910 05 Steel 500 1,002 79,428 06 Wood and Plastics 13,612 11,645 07 Thermal and 3,349 Moisture Protection 08 Doors and Windows 577 11,905 6,057 09 Finishes 85,574 11 Equipment 536 15 Mechanical 54,011 16 Electrical 46,742 82,301 23,030 19,515 3,910 80,930 25,257 3,349 18,538 85,574 536 54,011 46,742 Contingency 22,185 Rental Equipment Insurance 1,012 Safety Program 666 Small Tools 2,103 Warranty 6,655 Subtotal 476,314 Commerical Insurance 5,440 Subtotal 481,753 Cone act( Total Estimate 523,645 Defining Excellence in business of the Year- 2OO4 Mountain Construction Evans Chaffee Avon Recreation Center Lobby Page 1 of 3 Remodel Construction Group, Inc. Filter: Alternate Block Date: 3/5/2008 Percent 18.71 % 4.58 % 71.19 % 0.17% Amount Category -- Base Estimate -- Totals 83,034 Labor 20,306 Material 315,868 Subcontractor 761 Equipment Other User 419,970 Net Costs 5.00 % 20,998 Contingency 4.54 % 921 Rental Equipment Insurance 0.15 % 630 Safety Program 2.50 % 2.,076 Small Tools 130% 6,300 Warranty 450,895 Subtotal 1.14 % 5,149 Commerical Insurance 456,044 Subtotal 39,656 Contractorsfeo 2,542 495,700 Total --- Base Estimate --- Coloumn N7 Exploation Totals Labor Material 2.48 % 11,000 Subcontractor Equipment Other User 11,000 Net Costs 5.00 % 550 Conti E ncr 4.54 % Rental Equipment Insurance 0.15 % 17 Safety Program 2.50 % Small Tools 1.50 % 165 Warranty 11,732 Subtotal 1.14 % 134 Commerical Insurance 11,865 Subtotal .,032 Contractor', Foe 2,542 12,897 Total Coloumn N7 Exploation Remove Bubble Window Move Door 104 Totals Labor Material 0.29 °/0 1,267 Subcontractor Equipment Other User 1,267 Net Costs 5.00 % 63 Contingency 4.54% Rental Equipment Insurance 0.15 % 2 Safety Program 2.50 % Small Tools 1.511 % 19 Warranty 1,351 Subtotal 1.14% 15 Commerical Insurance 1,367 Subtotal 119 Cmil actor' Fee Job Cost Hours Phase 1,315.0 3.5 $781.81 $20.29 Defining Excellence in business of tote Year- 2004 Mountain Construction Evans Chaffee Avon Recreation Center Lobby Page 2 of 3 Remodel Construction Group, Inc. Filter: Alternate Block Date: 3/5/2008 Job Cost Percent Amount Category Hours Phase 2,542 1,486 Total Remove Bubble Window Move Door $2.34 104 Stretching Window to Pool Totals Labor Material 1.41 % 6,272 Subcontractor Equipment Other User 6,272 Net Costs 5.00 % 314 Contingency 4.54 % Rental Equipment Insurance 0.15 % 9 Safety Program 2.50 % Small Tools 1.50% 94 Warranty 6,689 Subtotal %.4 76 Commerical Insurance 6,765 Subtotal 58S Contractor, Fee 2,542 7,354 Total Stretching Window to Pool 0.24 % 0.45 % 0.47 % Roof Access Totals 1,077 Labor 2,002 Material 2,106 Subcontractor Equipment Other User 5,185 Net Costs 5.00% 259 Contingency 4.54% 91 Rental Equipment Insurance 0.15 % 8 Safety Progi am 2.50 % 27 Small Tools 1.50 % 73 Warranty 5,647 Subtotal 1.14 % 64 Commerical Insurance 5,712 Subtotal 497 :U, .. ,,x,:.._. 2,542 6,208 Total Roof Access 2,542 sqft $11.99 10.0 $9.77 523,645 Estimate Total $206.00/sqft Defining Excellence in business of tke Year - 2004 Mountain Construction 0 NOTE, REMOVE All CAPETIPAOS FROM DAYCARE NO PROPER OFFICES/STORE MEALS O PROVIDE MEW FOR TEL. SSW AOGE95 PANEL PAN POOP DRAIN CLE NCIRS DEMO M4.. FROM FLOOR TO C OF NIGH POOR 104 /FADER RE4 A11 DEW EEE.E MIOOM PROTECT MO METRO DOOR NO FRANC - *SEE AS DOOR W1P.All N L , PROTECT ATE SAVE MISTS* STORAGE SHELVES - I —T--I I I I I RELOCATE PM Ml NOTE PROTECT FINNED CONCRETE FLOOR OF LOBBY NO CORRIDORS - FLOORS ST COI011 FIRMER M MGT o eNB PCO16TL ITS R6RUO10N CONDITIONS PROTECT RC.EE® FIE EON909RSR PROTBGT MD SAVE EXIST* DOOR SWUM NO ROPE - RE -USE AS DOOR 104 RE. Ml NGT6 DEMO FRAMING ARMO GOWNS AS TE f9BARY PAR INSTALLATION GP T6. SECOND FLOOR SW. AT ALL LOCATIONS 0 0 WALL TYRE LETSEND: I 1 DUSTING CONSTR GTIOW4Y4OIAY TOLL I1/N-I DUSTING G0Ni1N JOITOR TEFL SAD TOLL o IB. co,e T10I E4/S THE W L. W S/D se I ,,,I BONN sroTs - END RU. EWE TO 51RGAIE OR SOFFIT IME°S TOTED OREM TB. CONE1RCnONM'ARTIAL EWE Ter&. SW WU. - BIRD TO 47 INN MP u' DON MD6. SHOO WflU9m NOM) GAP NTH WED EDGES [ _ _ ] ESSTINS Go16TRT0110+ TC EC REMOVED NOTE. CONTRACTOR SHILL MATCH DEMO WU. COMPLETION TYPE AS T EGIII®. FOR STRICT AVIEl6CE TO CODE COMPLIANCE GENERAL DEMOLITION NOTES: OL CONTRACTOR SHALL CONTROL OUT NO MRS GENERATED DLWNS OEMOLRION AND 9All DEPOSE OF 110 SAME IN A LEGAL AND TIMELY PAVER CM CONTRACTOR MALL PROVIDE ENEINE9» OP DRAPER SIIORDIS NO IMAGING TO PREVENT STR 1ISAL DAMNS! TO D5511110 MALDNS URNS DEMOLITION NO 104 CO STRJG110K MAINTAIN ALL STRUCTURAL RAINS POSITS AS PEED. 0. CONTRACTOR MALL PNE.D VERIFY ALL DIMENSIONS MO DUSTING CORDONS TO ENSURE TINT RM ITEMS M1L FIT IN TIC MAHE R MCAT* BY THESE DRAFNIMSS. NOTIFY ARCAi10T IMM DIATLY P MW DMGRISMIGG4 ARE EOM. 04. PROVIDE CLEAR SAFE, NO PROMOTED ROUTES FOR DEERS REWVAL TO HINT OF PIE OS4.. OS. COORDINATE MANAGEMENT OF FIRE ALARM SYSTEM DEMG110N LTG. W FOE DEPARTMENT IN AD✓MCEI OS. PROVIDE KERN / TEMPORARY 0AR)RAIL4, DOT STAIRS, ROUTES. ETC. PEt ®G. 01. WENE ALL EOSINS FLOOR COVERINGS DON 10 CONCRETE OR 9ER00R +jam.REER 10 M19 FOR 16M DOOR RO. CDC LOCATED RIDER TO EAST OF MST LEVEL PRELO DaARY I NOT POP CONSTRUCT0ON ON ARCHI TECTS 0048 E BEAVER CREEK BLVD SUITE 207 BOX 5300 AVON, CO 81620 970.949.5200 vmda@vmda.com FAX 949.5205 W 1- W fc0 • Zo- o pY0 - r-• ct (;) O Q L 23,> C. Q LAIOSGAPIO AREA 0 O CAPHET YATN RIIBERAL PAD FOR ROOFS b5,104, 105,106 MO 107 KM PIPER TO SIDET 113 FOR ALL HNEUVE DO CLEARANCES WOO P OOR& PROs/IMAM OP 17 PAIW18 TO DOOITRAY B5/010 LATCH NO 4b' PBEBOIGI m TO DOORHAY ON TIE Re SCE CC THE DOOR PRONTO! A MN OP b' PARR LB. TO DOCRFMY EOM LATCH NO 46' PE PBDIGAL R TO D00WNY ON TIE PILL SCE OP THE DOOR CC61MI0110H PILLS OW BALLS VOCALS 105,105, 106, IOI, MO IOW TO TERMINATE 6' ABOVE lel HORST AD.W.81P PERM 6RD - PROVIDE INS LAIION ABOVE causes M 105 MO 106 POR 11015E PECU.710H AWN IEI MALL MIN PAGE OP DBMS BALL ALIEN IBA HALL MTh PACE OP DESTRO NALL AUBE lel MALL MITN PAGE OP DESTRO MALL STAARECHNB 0 NADI IBA MALL MTH PACE OP DESTINE IAALI. 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RS SINCE 1/77 ARCHI TECTS 0048 E BEAVER CREEK BLVD SUITE 207 BOX 5300 AVON, CO 81620 970,949.5200 vmda@vmda.com FAX 949.5205 REVISION • DA DATE SHEET NO. 2/18/2008 B NO. 0731 FIRST LEVEL FLOOR PLAN 0 Q O O PROVIDE ACCAALTHENTE FOR DENO MO RESELD0 9 OP ALL 20 LIMB. CORM 5144115 IF 164 MEGA DUCTING 41LL NOT FIT - EON PL INE IN FLOOR MAY MIN= PASSA65 41545614 X 5414 ROOF -r MOM DOOR 1, ENCLOSE WEED GAMIN AS TYPICAL NTH 5-5/E0 50 N41 W 5/6' EMS (11142 LOCATION) PO [ LOMSONAG` Y I NOT FOR OONST VJCTOOG1 POOL AREA BEYOND O 0 RELOCATED &A56 PAWLS PROM COMB ELMS PALL V `FLUID PimR STRETCH AMA WINCE NIKE OMC MOON SILL TO MATCH M).4GO T 57051/179 SILLS TO THE 5011111 STRRTGHIN9 BM: RR OMER 0 WALL TYPE LE6END: ® D0971N9 CONSITOOTON440014RY 4141 0 57091/119 COHSTOOTION-ST®. 6710 NNl = NS4 GON41N0TI01158/5 MS WALL PP 5/5 616 BOTH 515 - 5ULD PULL 166x110 STRUCTURE OR EMT 0LES5 NEED 011011110 MGM rev G016TNLOTION-PART1AL 166111 ►1CTM. SW NMJ. - BUILD TO 4r HI6x SlY 616 DON SVEN 9MOORFPIN9107 MOO GAP NTH BAND EMS [__] cams O016TNICTION TO lx mom) NOEL CONTRACTOR 544LL NNW 570917419 NOLL CCN47N)TION TYPE AS 1115560110, FOR 97RKCT AMMO! TO CODE G0PPLINIGB AUER P4LL P4114 PAGE OP WENS 50110 170'81 OP TI@.2) 4.0012M 102 TSgtatO OMA MOOR Ire MOH ROOM P4O0R� ARMEE wen. IUOOY6 TO MATCH FOR 4110014 TY ON ARCHITECTS 0048E BEAVER MUD SUITE 207 BOX 5300 AVON, CO 81620 970.949.5200 vmda@vmdacom FAX 949.5205 DC W W V N • O- w • bU < O 2 • U.S 0 gaup Z Q 4.,LLS N 0 � Q O v1EM718ULB Ens Y ;L r RBGspTON WEB O� LOBBYSECTION PRELIMINARY/ NOT FOR CONSTRUCTION ON ARCHI TECTS 0048 E BEAVER CREEK BLVD SUITE 207 BOX 5300 AVON, CO 81620 970.949.5200 vmda©vmda.com FAX 949.5205 DC W I- W 0 reZoE di=g? o � W0a L'ocz • V N o Q Town of Avon Department of Public Works Memo To: The Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jennifer Strehler, P.E., Director of Public Works Cc: Justin Hildreth, P.E., Town Engineer Date: March 11, 2008 Re: Wastewater Treatment Plant Waste Energy to Snow Melt System Proposal Summary: The attached document, entitled "Proposal to Design and Construct a Demonstration Facility: Wastewater Heat Recovery to Snow Melt System" is intended to be a communication tool about a possible project that would capture waste heat from the Avon Wastewater Treatment Plant (WWTP) and use it to melt snow at Avon Station and other locations. This treatment plant is owned and operated by the Eagle River Water and Sanitation District (District); District management is simultaneously considering this proposal and has been invited to attend the work session. This attached document includes the necessary elements of a grant application. Previous Council Action: The Snowmelt Feasibility Study was presented to Council on January 22, 2008. The Council discussed the results and expressed concerns at that meeting about the carbon footprint, energy consumption, and capital and operating cost of all of the options presented by the consultant. Staff suggested the concept of recovering waste heat from the Avon WWTP. The Council requested staff evaluate this concept further and also determine if the District was interested in pursuing such a joint project. Background: See "Previous Council Action". Discussion: This attached 15 page document describes the heat recovery portion of the snow melt project. This document includes the necessary elements of a grant application, including: introductory information, project benefits, technical details, financial considerations, and project management plan and schedule. Eleven (11) potential project donors or grant programs have been identified for which this project would likely compete favorably. If Council wishes for staff to proceed with this project, we should also plan on adding snow melt piping to the core pedestrian areas in the Town Center West. We already have about 16,000 sf Page 1 of 2 of surface at Avon Station. Adding such piping to Lettuce Shed Lane and about 12 -feet (e.g. typical downtown sidewalk width) on either side of Main Street, would be recommended. This amount of surface equates to about 57,000 sf total. Based on Council direction in January, such piping is not currently in the designer's planned scope of work for Main Street. This design contract is expected to be awarded at the next March 25th Council Meeting. Financial Implications: If the project is implemented, the resulting heat recovery facility as described is estimated to cost about $2.45M to construct at about $300,000 per year to operate. The construction cost of the heat recovery system is approximately about the same as what was originally proposed for the heat -generation portion of the Main Street snow melt project (e.g., natural gas boilers), however the long-term operating costs are expected to be lower. Note that the capital cost estimate in the attached report does not include cost for construction of the actual snow melted sidewalk or driveway surfaces on Lake Street, Lettuce Shed Lane, Main Street, or at the Avon WWTP (the District is interested in snow melting a loading dock and driveway). To install snow melt piping on to Lettuce Shed Lane and 12 -feet on either side of Main Street would increase the construction cost of that project by about $740,000 (2008 dollars). Recommendation: If Council decides to continue support for this project, staff seeks feedback this day to: 1) Allow staff to commit funds for professional engineering services (in concert with the District) to initiate pre -design activities, 2) Finalize the attached proposal and formally submit it to various granting agencies, and 3) Provide clear direction on whether or not to include snow melt piping into the road cross section design for Main Street. In the event that the Council decides not to proceed with additional development of this project (and unless otherwise directed), town engineering staff will continue to assume that an alternative heat generation facility (e.g., natural gas boilers) and snow melt piping is beyond the scope for the Main Street design project. Staff does need dear direction from Council on this matter because the Main Street design contract is scheduled to be awarded on March 25` • The Consultant's scope of work should be clarified now to avoid expensive and unnecessary re- design costs later. If piping is not included now, the road can be demolished and completely reconstructed at a later date to add a snow melt system. Town Manager Comments: Page 2 of 2 PROPOSAL TO DESIGN AND CONSTRUCT A DEMONSTRATION FACILITY: WASTEWATER HEAT RECOVERY TO SNOW MELT SYSTEM A COOPERATIVE VENTURE AND JOINT APPLICATION BY: TOWN OF AVON COLORADO and EAGLE RIVER WATER AND SANITATION DISTRICT Page 1 of 15 3/4/2008 I. Summary Eagle River in Autumn Two local entities are working cooperatively to conduct urban renewal, replace aging and inefficient infrastructure, and to build a better community in Avon, Colorado. The Town of Avon (Town) is the local government authority who provides services including public works, transit, building permitting, public safety, recreational services engineering, and general government, and engineering services. Eagle River Water and Sanitation District (District) provides potable water and collection, treatment, and disposal of wastewater in Avon. The Town Council and the District Board have mutual goals of conserving energy and providing long-term operational sustainability as the local population grows. This proposal represents a joint application by the Town and the District to design and construct a heat recovery system which will extract waste heat from the wastewater treatment plant (WWTP) and deliver it to sidewalk areas within the urban renewal zone to melt snow and ice in order to improve pedestrian safety. Power for this system would be provided by wind-generated electricity purchased from Holy Cross Energy, resulting in a near-zero carbon footprint. The project will achieve a reduction in the wastewater effluent temperature which is discharged to the Eagle River during fish-sensitive periods. The Town and the District also expect to save tax and rate payers money as a result of this project as compared to other alternatives or the status quo because it results in a more sustainable long-term operation. This exciting project will be the first of its kind – to use plant waste heat for a snow melt system – in the United States. Preliminary engineering analysis was performed by Town engineering staff who determined that the proposed project is technically feasible and appears to be cost effective, primarily because the Avon WWTP and the targeted core pedestrian areas are in close proximity to one another. The District has agreed to locate the mechanical and electrical equipment on the WWTP site and to share in the construction and operations cost of the system. The Town has agreed to limit the surface area for snow melt in the urban renewal area to that which can be served by this heat recovery system, focusing on only the busiest pedestrian areas. Both agencies have made a commitment to share in the construction and operational costs of the project in proportion to the benefits achieved. This document provides a description of the proposed project which can be used to communicate with project stakeholders and the public. This document includes the necessary elements of a grant application, including introductory information, project benefits, technical details, financial considerations, and project management plan and schedule. This project shows how local agencies can work cooperatively for mutual benefit to provide infrastructure which accommodates growth and urban renewal and simultaneously demonstrate strong environmental leadership. Page 2 of 15 3/4/2008 II. Introduction Avon, Colorado, located in the heart of the Rocky Mountains, is a growing community which is strongly dependant on a quality environment and recreation-based economy. The town is located at 7420 feet MSL and has four distinct seasons, including snowy cold winters lasting from mid- November until mid-April. Currently, the population of Avon averages about 7,500 (swelling to about 12,000 during the winter months). This population is projected to grow to a year-round average of about 20,000 by 2020. Avon is undergoing urban renewal and revitalization in the downtown core to eliminate blight and improve economic conditions, provide local jobs and attainable housing, to offer transportation connections to the regional area. Eagle River Kayaker The Eagle River is a sparkling clear river supplied from several of Colorado’s highest peaks; this river runs from Tennessee Pass through Avon and discharges at an average daily rate of about 565 cfs into the Colorado River about 50 miles downstream in Glenwood Springs.1 Avon residents and visitors alike depend on the Eagle River in numerous ways. This river is a designated for Recreational Use with many active recreational uses including abundant trout fishing, white water rafting, and kayaking. This river is both the source of potable water and the recipient of treated wastewater. The Eagle River continues to receive pressure from a growing population. The State of Colorado Department of Public Health and Environment has expressed concerns about the River’s ability to receive warm wastewater discharges in the fall and early winter. The District operates the Avon Wastewater Treatment Plant (WWTP). This plant has an average flow of 2.2 mgd and discharges to the Eagle River in Avon at a point when the average daily river flow rate is about 316 cfs.2 During September and October, minimum river flows at this location have been recorded by U.S.G.S. at about 102 cfs.3 Avon WWTP staff has observed effluent temperatures during these months that are in the range of 14˚C to 16˚C. For this reason, the District is considering extracting and dissipate heat from plant effluent. The District is also looking at means to extract heat from it’s aerobically digested sludge process (ATAD) prior to centrifugation. If this sludge stream can be cooled down about 25˚C, the District would gain substantial efficiencies in biosolids processing, including reduced polymer usage, increased centrifuge throughput and an associated decrease in operation hours, plus a drier final biosolids product cake which results in lower hauling costs. Together these two heat sources represent about 5,800 KW- thermal available for beneficial use. The District has only a limited need to beneficially use waste heat at the Avon WWTP. A small amount of waste heat could be used to snow melt a paved driveway and receiving dock surface. This improvement would allow the plant areas currently set ERWSD Loading Dock and driveway Page 3 of 15 3/4/2008 aside for stockpiling large piles of snow to be made available for other uses, and the District would likely realize lower costs associated with plowing. Other than this use, the District does not have an immediate need to use the majority of the waste heat generated from the wastewater treatment process. The District has offered to make such excess heat available to the Town of Avon, a nearby neighbor. The Avon WWTP is located adjacent to the Town’s urban renewal area, separated from town-owned land by a Union Pacific Railroad right-of-way. Blighted area to be Improved by Project The Town of Avon is undergoing a major urban renewal effort to eliminate blight and stimulate the economy. One important objective of this effort is the creation of vibrant streetscapes and multi-modal transportation connections. Urban renewal is expected to increase the number of jobs and local live-work arrangements associated with recreational tourism. Winter tourism is especially strong, as visitors come to Avon’s affordable off-mountain lodges and restaurants while skiing and snow boarding at nearby areas including Vail and Beaver Creek. In the downtown core areas of Avon, pedestrian traffic is high. Many individuals are wearing ski boots and carrying sports equipment during the winter. Snowy and icy surfaces create slipping and falling hazards, increase the Town’s insurance claims, and work against the Town’s goals of creating a vibrant streetscape in this area. For this reason, a snow melt system for the streets, sidewalks, and paths was incorporated into the urban renewal project over a relatively large area (155,000 sf). The Town considered either natural gas fired boilers or ground loop pumping alternatives that would have consumed approximately 348,000 therms of natural gas or 3,620,000 KW-hrs of electricity, respectfully. The least cost option (natural gas boilers) was estimated to cost approximately $4.45 million to construct and about $650,000 per year to operate and would have emitted more than 2,100 tons of carbon dioxide into the atmosphere. After recently taking bold actions to reduce the Town’s carbon footprint via purchase of 100% of electrical power as wind power in January 2008, the Avon Town Council voted against pursuing the large snow melt streetscape and sought other options to fulfill urban renewal goals in a more sustainable manner.4 Current and Proposed Future look of Streetscape in Avon’s Urban Renewal Area (note snow melt system in use on right) Page 4 of 15 3/4/2008 District and Town staff met informally in January 2008 to discuss progress on urban renewal efforts. Staff identified this sustainability initiative as a win-win for the Town, the District, the Eagle River, and local residents. III. Project Statement and Benefits This project proposes to use waste heat from the wastewater plant as the prime energy source for a snow melt system in core pedestrian and high-risk areas in Avon, Colorado. The waste heat would be transferred using a heat-pump system, powered by renewable wind-generated electricity, to virtually eliminate the carbon footprint of the system. This project offers a demonstration of how common process technology and mechanical components can be applied in a unique way to solve several problems facing communities today. There are many facilities in the U.S. that shed waste heat without obtaining any benefit from it. Heat recovery systems such as the one proposed here have a wide application. This project will demonstrate the degree of energy efficiency available with current heat recovery technology. It would be the first of it’s kind in the United States with respect to the use of waste heat from a wastewater plant for the creation of a snow melt system. The project demonstrates the range of options available to local governments to tackle difficult issues (e.g., climate change, urban renewal, limited resources) if they can be resourceful and work together. At the local level, this project has very direct and exciting benefits, including: • The Town is able to improve the safety and vitality of core pedestrian areas without increasing the Town’s current total carbon footprint. • The Eagle River benefits when the effluent temperature is reduced prior to river discharge, improves river temperatures for fish spawning. • The District will increase the cost-effectiveness of solids treatment processing by reducing expensive polymer consumption and increasing biosolids cake dryness. Assuming a 50% reduction in polymer usage results, the District could realize an annual savings of about $20,000.5 • The District benefits by reducing their plant site area currently lost to snow storage and reducing the risk of back-up of the plant drain and sand-water separator systems. • The Town expects to save approximately $100,000 per year in operations cost, as compared to what was originally planned for the pedestrian snow melt system. As compared to other projects competitively seeking regional or national grant funds for support, this project includes: • Multi-agency cooperation • Environmental leadership • Zero carbon footprint operation • Improves river water temperatures for fish spawning • Reduces risk for liability claims (from trips and falls) • Results in first system of its type in the U.S. This project will result in economic benefits to both agencies. An after-project operational savings of about $20,000 per year has been estimated for the District and about $100,000 per yearfortheTown. Page 5 of 15 3/4/2008 • Assists with urban renewal of a blighted area • Wastewater plant contributes tangible neighborhood benefit IV. Technical Details ATAD process stream piping Figure 1 offers a draft sketch of the proposed heat recovery system process and information diagram (P&ID). Figure 2 shows the project site and physical locations. Three small parallel trains of mechanical equipment consisting of one plant effluent pump, one heat pump compressor, and one glycol pump is anticipated to capture waste heat from the plant and transfer it to a glycol supply piping. Only a portion of the plant’s final effluent (FE), a maximum of 1,040 gpm (1.5 mgd), would be pumped through the heat recovery system and none of this effluent would ever leave the plant property, eliminating concerns about water rights. That portion of the effluent which is cooled through the heat recovery system would be blended back with the remainder of the effluent in the final effluent discharge piping, and would flow on to the river outfall. Jacketed piping or a shell and tube heat exchanger would be also installed around the existing auto-thermophilic aerobic digestion (ATAD) circulation and discharge piping to extract heat. Either the glycol piping would be connected to this heat exchanger or jacketed piping arrangement, or a 2-stage evaporator could be used (as shown in Figure 1). New electrical service, switchgear, transformer, motors, and controls will also be required to be located at the plant. Due to severe winter weather and existing space limitations, this system must be housed indoors in a new building. The glycol supply (GLY-S) and return (GLY-R) piping operates in a closed-loop configuration. This piping would be located within the plant site to deliver heat to the District’s on-site snow melt system and would extend off site into Town-owned right-of-way and connected to the snow melt system in public pedestrian areas. A pair of 8-inch diameter pipes would be installed and located approximately as shown in Figure 2. The piping would be insulated and buried at least 4 feet deep to be below the frost zone and to minimize heat losses. The distance between the plant and the snow melt connection is approximately 1,700 LF; most of this distance is in the grassy area along the south side of Benchmark Road. The pipe alignment includes one crossing under a Union Pacific Railroad. The Town does not expect difficulty in obtaining a utility easement for this crossing. Once fully completed, the heat recovery system would reduce the effluent temperature for the processed effluent flow of 1,040 gpm by approximately 10˚C (e.g., from 15˚C to 5˚C). The ATAD stream would be a flow of about 300 gpm and reduce temperature from about 54ºC to about 20ºC. The closed glycol loop would have a flow of about 1,150 gpm and would operate at a temperature differential of approximately 25˚C between the GLY-S and GLY-R (e.g., from 25˚C to 50˚C). Pa g e 6 o f 1 5 3 / 4 / 2 0 0 8 Fi g u r e 1 . P r o c e s s a n d I n f o r m a t i o n D i a g r a m Page 7 of 15 3/4/2008 The system would be controlled analogous to common similar systems. Moisture and temperature sensors at the pavement surfaces would call for increased pumping rates when snow begins to accumulate. Temperature of the glycol loop in comparison to pre-selected temperature set points would be used to as a trimming signal. The thermostat on the heat pump would be connected to the glycol temperature measurement system. The District would add this system to its existing supervisory control and data acquisition system (SCADA), allowing for display on the operator’s terminal. Back-up power would not be necessary for this system. In the event of a power outage, the system could be manually re-set when grid power is restored to the plant. The system as described would deliver up to about 3000 KW-thermal from the effluent and about 2800 KW-thermal from the ATAD stream to the GLY loop. Note that the ATAD stream is not a constant flow stream; ATAD biosolids are normally processed through to the centrifuges as a batch operation about 8 hours per day, seven days per week. For purposes of snow melting pavement, the agencies are assuming that a dedicated heat recovery of about 3,000 KW-thermal would be available from one plant heat source or the other. An area of approximately 75,000 sf could be consistently snow melted with this amount of heat. At present, the expected uses would include about 10,000 sf located at the District’s plant and about 65,000 sf located in the Town’s pedestrian areas. The total electrical demand connection for the equipment on this system (e.g., all trains housed at the new pump station at Avon WWTP) is estimated to be about 750 KW.6 Operation of the system during the winter will consume approximately 800,000 kw-hrs of wind- generated electricity and no natural gas; consequently, the carbon emissions from operation would be virtually zero. V. Financial Considerations Capital Costs The planning level estimate of probable cost for this system is approximately $2.45 million to plan, design, and construct (January 2008 dollars). This estimate does not include costs for the Town’s street revitalization projects on Lake Street and Main Street or the District’s cost to reconstruct their driveway and loading dock to install snow melt piping. These excluded costs would be born directly by the respective agencies. A breakdown of cost components is shown in Table 1. The Town and the District have agreed to split the design and project administration costs (i.e., “soft costs”) equally, with each agency paying 50% up to a maximum of $90,000. The agencies are applying for grant funds to be used for the construction phase. Assuming that a significant portion of the target grant funding is obtained, the two agencies have agreed to pro-rate the remaining costs (i.e., all non-grant funded costs) in proportion to the benefits achieved. An even project cost split for construction costs has been assumed in Table 1 for discussion purposes. Grant Eligibility The agencies are seeking grant funding up to 80% of the project, with 20% being provided as a local match. The following potential funding partners and grant sources have been identified thus far: This project allows the Town to meet both its sustainability goals and achieve urban renewal with a safer and more vibrant .streetscape. Page 8 of 15 3/4/2008 Table 1. Estimate of Probable Capital Cost Total Project Soft Costs A/E Fees (10%) $ 120,000 CM fees (2%) $ 45,400 Surveys and Tests (0.5%) $ 11,400 Permits and Fees (0%) $ - Subtotal Soft Costs $ 176,800 Construction Cost Pump Building $ 200,000 Glycol Pumps (3 @ 350 gpm) $ 120,000 Wastewater Effluent Pumps (3 @ 350 gpm) $ 90,000 Heat Pumps (3) $ 180,000 Heat Exchanger (1) $ 30,000 GLY Pipe (3400 LF 8" sch80 PVC, double-walled, buried 4' along r.o.w.) $ 408,000 Jackets, Insulation, pipe supports $ 61,200 Electrical (1 MW service, transformer, motors, switchgear) $ 150,000 Instrumentation and Controls $ 50,000 Equipment pads and misc. structural $ 40,000 Site Civil $ 50,000 Miscellaneous $ 20,000 Subtotal $ 1,399,200 Contingency (25%) $ 349,800 Subtotal Construction Cost $ 1,749,000 General Contractor's Overhead and General Conditions (18%) $ 314,820 General Contractor's Profit (11.8%) $ 206,000 Total Constuction Cost $ 2,270,000 Estimated Total Project Cost $ 2,450,000 Proposed Cost Sharing: Soft Costs Grant Request (0%) $ - Town of Avon (50%) $ 88,400 Eagle River Water and Sewer District (50%) $ 88,400 Check Total $ 176,800 Construction costs Grant Request (80%) $ 1,816,000 Town of Avon (10%) $ 227,000 Eagle River Water and Sewer District (10%) $ 227,000 Check Total $ 2,270,000 Page 9 of 15 3/4/2008 • Water Environment Research Federation • State of Colorado – Governor’s Energy Office • Federal Government o Department of Agriculture Renewable Energy Systems and Energy Efficiency Improvements o Department of Agriculture Conservation Innovation Grants o Department of Energy State Energy Program Special Projects • Holy Cross Energy • American Public Works Association • StEPP Foundation (Strategic Environmental Project Pipeline) • Turner Foundation • Trout Unlimited • Vail Resorts Operating and Maintenance Cost The cost estimate to operate the heat recovery system at the Avon WWTP is approximately $350,000 per year (January 2008 dollars). A cost-sharing agreement has been developed between the authorizing agencies as follows: • The Town pays for operation of the heat recovery system throughout the year; the electric meter would be assigned to the Town. This allows the agencies to use wind-generated electricity that the Town purchases from Holy Cross Energy to power the system. • The District contributes funding annually to the Town’s general fund to compensate for electric power to run the system during months when snow melting is not necessary but when the District elects to shed waste heat. (Snow melting is generally necessary only from November 15th through March 31st). • The District provides the land, indoor building space, utilities and control system connections (excluding electricity), and plant inter-ties for mechanical and electrical system components at the Avon Wastewater Treatment Plant. • Maintenance of the system is conducted by District staff and billed to the Town of Avon at cost. VI. Project Management Plan and Schedule This is a two-agency project to be conducted by the Town and the District. Jennifer Strehler, Director of Public Works for the Town, and Chris Maines, Wastewater Operations Manger for the District, will execute this project cooperatively. Jennifer and Chris are working together to develop the final project plans, communicate with internal engineering staff and consultants, report to the District board and local Avon leaders on progress, and manage the project’s overall scope, schedule, budget and quality. _________(consultant name here) is under contract by the _______(Town/District?) to provide engineering predesign and design services for this project. Contact information for the agencies and the engineering consultant is as follows: Page 10 of 15 3/4/2008 Table 2. Contact Information Town of Avon Eagle River Water and Sanitation District Consultant Jennifer Strehler, P.E. Director of Public Works 500 Swift Gulch Road P.O. Box 975 Avon CO 81620 Tel: (970) 748-4100 FAX: (970) 748-1958 jstrehler@avon.org Chris Maines Wastewater Division Manager 846 Forest Road Vail, CO 81657 Tel: (970) 477-5494 FAX: (970) 477-5434 cmaines@erwsd.org Fill in after engineer is retained The construction phases will be competitively bid, with award to the responsive and responsible general contractor who offers the lowest monetary bid. The Town would take the lead on awarding the contracts for construction and managing project financing and payments to contractors, with the District acting in a repayment capacity for shared-cost items and providing on-site inspection of the mechanical and electrical work conducted within Avon WWTP property. A project schedule is attached in Figure 3. The system would be fully designed and then constructed in two phases. The physical layout of the construction phasing is shown in Figure 4. The first phase would involve installation of the building, electrical upgrades and one complete mechanical train (effluent pump, heat pump, glycol pump). Phase I would also include construction of the glycol loop piping between the WWTP and Avon Station. Avon Station is a multi-modal hub which connects car, transit, pedestrian, bicycle, gondola and a future light-rail link. A snow melt system (about 25,000 sf in area) is already in place under brick pavers at Avon Station. Additional pavers will be added down Lettuce Shed Lane by the Town in the near future. Phase II would include expansion of the snow melt piping from Lettuce Shed Lane to the east and west to plaza areas and sidewalks located along the Avon’s new Main Street (planned for construction in 2009). Phase II would also include addition of the remaining two trains of mechanical equipment at the WWTP in the Pump Station Building previously constructed. The project schedule proposes the project milestones listed in Table 3. Page 11 of 15 3/4/2008 Table 3. Proposed Project Schedule Milestones Milestone Proposed Date Submit Grant Application Initiate Engineering Design Complete Predesign Report Complete Design Finalize Local Funding Plan Issue Invitation to Bid for Construction Award Construction Contract, Phase I Notice to Proceed for Construction Phase I Substantially Complete Complete System Performance Report Commence Construction of Phase II Phase II Substantially Complete March 17, 2008 April 7, 2008 June 13, 2008 August 8, 2008 August 22, 2008 November 14, 2008 December 26, 2008 March 20, 2009 August 7, 2008 December 18, 2009 March 15, 2010 June 4, 2010 VII. Employment and Contracting Compliance Policy Statements Both the Town and the District have employment and human relations policies which are consistent with state and federal requirements. These include the following policies: • Equal Opportunity and Minority Contractor • Drug free workplace • Employment of Illegal Aliens Both agencies require that the policy be received, read, and understood by all employees, as evidenced by their signature on a copy of the policy which is maintained in personnel records. A copy of each agency’s policies on these important items is available upon request. Pa g e 1 2 o f 1 5 3 / 4 / 2 0 0 8 Fi g u r e 2 . P r o p o s e d P r o j e c t S c h e d u l e Pa g e 1 3 o f 1 5 3 / 4 / 2 0 0 8 Fi g u r e 3 . S i t e P l a n Pa g e 1 4 o f 1 5 3 / 4 / 2 0 0 8 F i g u r e 4 . C o n s t r u c t i o n P h a s i n g P l a n Page 15 of 15 3/4/2008 END OF DOCUMENT END NOTES: 1 U.S. Geological Survey records for past 61 years. Obtained online on February 29, 2008 at http://waterdata.usgs.gov/nwis/uv?09070000 2 U.S. Geological Survey records for past 8 years. Obtained online on February 29, 2008 at http://waterdata.usgs.gov/nwis/uv?09067020 3 U.S. Geological Survey records for months of September and October over past 8 years; minimum here is listed at 10th percentile values of daily flow rate data. Obtained online on February 29, 2008 at http://waterdata.usgs.gov/nwis/uv?09067020 4 The Town of Avon began purchasing wind-generated electricity (not credits) directly from Holy Cross Energy in January 2008, reducing their carbon footprint to less than 50% of 2007 levels. Managing carbon footprint and energy consumption is a key goal of the Town of Avon. See Avon’s Climate Action Plan, SGM, 2007. 5 This assumption will be tested during the engineering design phase. 6 Assumes a coefficient of power of approximately 3.0. Sherman & Howard L.L.C. ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: (303)297.2900 FAX: (303)2980940 OFFICES IN: COLORADO SPRINGS PHOENIX• RENO• LAS VEGAS MEMORANDUM To: Avon Town Council From: Randy Funk Date: March 6, 2008 Re: Model Development Agreement and Ordinance Attached are revised drafts of the Model Development Agreement and the form of Ordinance relating thereto. Several revisions have been made to reflect the comments of the Council at the meeting on February 12, 2008. Several of these are worth noting: In the first paragraph, we included a reference in brackets to a District as a possible party to the Agreement. This may not always be applicable, but if such a District has been formed and would be responsible for some of the public improvements, then it would be a party. The term for vesting was left blank because it may vary from project to project. We modified Section 2.4 to clarify that certain actions by the Town relating to land use matters would not apply to the subject property during the vesting term except as permitted by state law. Section 4.1 was added to establish the reason for the public improvements. In Section 4.2, we have permitted the payment of a fee in lieu of conveying water rights and water storage rights if acceptable in the discretion of the Town and subject to the approval of the Upper Eagle Regional Water Authority. We added references to a Subdivision Improvement Agreement in Sections 4.6 and 4.7. Several clarifying revisions were made to the provisions of Sections 6.1 and 6.2 dealing with defaults by the Town or by the Owner. Finally, we made several modifications to the Miscellaneous section, including adding language to Section 7.9 which allows the Owner to assign various obligations under the Agreement to other entities but does not relieve the Owner of ultimate responsibility for the performance of such obligations. These revisions have been reviewed by the Town Manager, Town Attorney, and Legal Subcommittee, and we now think this model will serve as a good foundation for future negotiations. 001024000\PUBF1M785211.1 Sherman & Howard — 3/4/08 MODEL DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of , 20 by and between , a ("Owner"), [ Metropolitan District, a quasi -municipal corporation of the State of Colorado ("District")], and the Town of Avon, a municipal corporation of the State of Colorado (the "Town"). Owner[, District,] and the Town are collectively referred to as the "Parties." RECITALS A. Owner is a duly organized and in good standing under the laws of the State of . Owner is the owner of approximately acres within the Town as described on Exhibit A attached hereto (the "Property"). B. The Town has authority to zone and regulate development of the Property in accordance with this Agreement, the Comprehensive Plan, the Municipal Code, and other applicable Town ordinances and policies. The Town's authority to enter into this Agreement is derived from its home rule charter, state statutes, and the power generally held by Colorado home rule municipalities to address matters of local concern by contract, ordinance or otherwise. C. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. of the Colorado Revised Statutes (the "Vested Property Rights Statute") to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment -backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning. The Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing that property rights may be vested for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. D. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property rights for a period not to exceed five years. E. Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Comprehensive Plan, ensure reasonable certainty, stability and fairness in the land use planning process, stimulate economic growth, secure the reasonable investment -backed expectations of the Owner, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes for which the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code were enacted. [Specify other benefits to Town from this Agreement and development of the Property.] [Specify role of District in providing public 001024000\I'UBFIN\771378.5 improvements or other services and whether obligations are joint and several of Owner and District.] AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: ARTICLE I DEFINITIONS Definitions. The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Amenities Fee. A consensual fee intended to mitigate the impact of a Time-share Interest, including the cost of transportation and recreational facilities. 1.2 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town in February, 2006, and any amendments thereto. 1.3 Development Standards. The Development Standards pertaining to the Property as contained in the PUD Development Plan attached hereto as Exhibit B. 1.4 [District. The District, a special district and quasi -municipal corporation of the State of Colorado.] 1.5 Effective Date. The date the Town Council ordinance approving this Agreement and granting vested property rights for the Property becomes effective. 1.6 Exhibits. The following are Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A Exhibit B Legal Description of the Property PUD Development Plan for 1.7 Municipal Code. The Avon Municipal Code, as in effect from time to time. 1.8 Public Improvements. Those improvements to be acquired, constructed or installed for the benefit of the public, including, but not limited to, the Public Improvements described in Article IV. 1.9 PUD. Planned unit development or PUD, as such terms are defined and used in the Municipal Code, as approved by the Town with respect to the Property. 001024000\PUBFIN\771378.5 1.10 PUD Development Plan. The PUD Development Plan for attached hereto as Exhibit B. Term. A period of years after the Effective Date. 1.12 Time-share Owner. A person vested with legal title to an interval estate or a time-share estate, as defined in Section 38-33-110, Colorado Revised Statutes. 1.13 Time-share Interest. The ownership interest of a Time-share Owner. 1.14 Town. The Town of Avon, a home rule municipal corporation of the State of Colorado. 1.15 Town Council. The Town Council of the Town. 1.16 Vested Property Rights Statute. As defined in Recital C, above. ARTICLE II ZONING AND VESTED RIGHTS 2.1 PUD Zoning. Concurrently with the approval of this Agreement, the Property is being zoned as a PUD in accordance with the PUD Development Plan and the Development Standards. 2.2 PUD Development Plan and Development Standards. The PUD Development Plan and the Development Standards set forth the standards and regulations for development of the Property and have been approved by the Town as part of the PUD zoning for the Property, and indicate, among other things, set back distances, building height limitations, site coverage levels, development densities, allowed uses (both permitted uses by right and those permitted upon special review), parking requirements and other guidelines and limitations for the development of the Property. The Development Standards and the PUD Development Plan take precedence over other general zoning regulations of the Town for those matters that are specifically addressed in the PUD Development Plan and the Development Standards. 2.3 Vesting of Property Rights. Owner and Town agree (a) that the PUD Development Plan and the Development Standards constitute an approved "site -specific development plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal Code, and (b) that Owner as the legal owner of the Property shall have vested property rights to undertake and complete the development and use of the Property under the terms and conditions of the PUD Development Plan and the Development Standards. Pursuant to Section 17.14.050 of the Municipal Code and this Agreement, the PUD Development Plan and the Development Standards constitute a site specific development plan for which a vested property right has been granted pursuant to Article 68 of Title 24, C.R.S., for the Term of this Agreement. 001024000\PUBFIN\771378.5 3 2.4 Effect of Vested Property Rights. By approving the PUD Development Plan and the Development Standards as a site specific development plan and granting a vested property right to the Owner to undertake and complete the development and use of the Property under the terms and conditions of the PUD Development Plan and the Development Standards, any zoning or land use action by the Town that would materially alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the Property as set forth in the PUD Development Plan and the Development Standards shall not apply to the Property during the Term, except as provided in C.R.S. §§ 24-68-105(a), (b), or (c). 2.5 Compliance with General Regulations. The establishment of vested property rights under this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. ARTICLE III TERM 3.1 Term. In recognition of the size of the development contemplated under this Agreement, the investment and time required to complete the development of the Property, the potential for phased development of the Property, and the possible impact of economic cycles and varying market conditions during the course of development, the Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue until years from the Effective Date (the "Term"). After the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect; provided, however that such termination shall not affect (a) the obligations contained in Article IV hereof, (b) any right arising from the issuance of a building permit (but limited to the building for which it is issued), or (c) without additional action, result in the termination or rescission of any other legislative, quasi-judicial or administrative approvals occurring prior to the expiration of the Term of this Agreement. ARTICLE IV PUBLIC IMPROVEMENTS 4.1 Public Improvements. In consideration of the vested rights granted by the Town to Owner pursuant to Article II of this Agreement and because of the need to address the impacts from development of the Property, Owner agrees, with full knowledge and without duress, to provide the public improvements set forth in this Agreement. Such obligations reasonably relate to the impact of development and are proportional to the impact. 4.2 Water and Water Rights. Owner shall, as a condition of water service for the Property, dedicate and convey to the Town sufficient water rights and water storage rights to make up the quantity, quality and use needed, in the sole and absolute discretion of the Town and subject 001024000\PUBFIN\771378.5 4 to the approval of the Upper Eagle Regional Water Authority, to serve the number of units or equivalent thereof approved for the Property. Owner may provide a payment in lieu of conveying water rights and water storage rights if acceptable in the sole and absolute discretion of the Town and subject to the approval of the Upper Eagle Regional Water Authority. Owner shall reimburse the Town for its expenses, including reasonable and actual engineering costs and legal fees, incurred in connection with the inclusion of such additional water in the Town's augmentation plan. Dedication of augmentation water and related water rights and water storage rights shall be completed prior to the issuance of any new building permit for the Property. 4.3 Amenities Fee. (a) Commencing as of the effective date of this Agreement and continuing in perpetuity with respect to each Time-share Interest, the condominium time-share association formed to manage the Time-share project within the Property ("Association") shall be required by Owner to collect from each Time-share Owner and remit to the Town on a semi-annual basis an Amenities Fee in the amount of [$ ] per year per fractional interest, or the equivalent of [$ ] per year per weekly interest if conveyed in some fractional interest other than a one week period. The obligation for each Time-share Owner to pay the Amenities Fee shall be a covenant running with the land and shall be described on the final subdivision plat and in all Association covenants. The subdivision plat and Association covenants shall provide for a staffed front desk within the Time-share project within the Property. The staffing and hours of operation of the front desk shall be subject to the reasonable approval of the Town. The cost for the front desk shall be paid from funds of the Owner or the Association and not from the Amenities Fee. The amount of the semi-annual Amenities Fee payments will be calculated according to the following formula: Number of existing or newly deeded Time-share Interests per semiannual period (January -June, calculated as of June 1, and July -December calculated as of December 1), multiplied by an amount equivalent to [ 1 per weekly interest as defined above (or as adjusted by CPI -U, as defined below), divided by 2. [Use then current fee] The due dates for the semiannual payments are August 20 and February 20 for the previous semiannual calculation period. On January 1, 20_, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver -Boulder -Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI -U"). 001024000\PUBFIN\7713 78.5 It shall be the duty of the Owner to assure that such records as are necessary to determine the amount of fees due hereunder are maintained by the Owner or the Association. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the delinquent Association and the Owner. The amount properly determined to be owing shall bear interest from the due date at the rate of one and one-half percent per month until paid. (b) Owner, on behalf of all Associations to be created, hereby assigns and grants a continuing security interest in each Association's right to future income, including the right to receive common expense assessments of any kind levied pursuant to its condominium declaration, and its lien therefor, to secure payment of the Amenities Fee. Upon default of any Association in collection and/or remittance of the Amenities Fee and notice thereof to the Time- share Owners, the Town shall have the right to directly receive common expense assessments and to foreclose the lien therefor. 4.4 Affordable Housing. 4.5 Relocation of Existing Public Improvements. 4.6 Installation of Other Public Improvements. [Address all known Public Improvements and note that others may be required as determined by subdivision process. If possible, reference Subdivision Improvement Agreement.] [Address any applicable urban renewal improvement or financing issues.] 4.7 Indemnification and Hold Harmless. Owner shall install or cause to be installed all Public Improvements in a good and workmanlike manner in accordance with the applicable regulations of the Town and in accordance with a Subdivision Improvement Agreement between Owner[, District,] and the Town. Owner [and District] shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from Owner's [and District's] activities in performing this Agreement (including, without limitation, maintenance, repair and replacement activities). ARTICLE V WATER SERVICES Upon Owner's compliance with Section 4.2 hereof, payment of applicable fees and charges, and notification of need by Owner, the Town shall cause water service to be provided to the Property, as required for the development of the Property. Water infrastructure and other 001024000\PUBFIN\771378.5 6 capital facilities which are necessary for the Town to provide water to the Property shall be provided by Owner and/or the District in accordance with the plans for same included in the PUD Development Plan and the Development Standards. The Owner or the District, as applicable, and the Town shall enter into a Subdivision Improvements Agreement, and upon compliance with the terms thereof, the Owner or the District shall convey the water infrastructure improvements to the Town by good and sufficient bill of sale. ARTICLE VI DEFAULTS, REMEDIES AND TERMINATION 6.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as the Town's failure to perform its obligations under this Agreement, including the obligation to provide water service in accordance with the terms and conditions of Article V, after the applicable cure period described in Section 6.3, below. 6.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any obligation of Owner contained in this Agreement following the applicable cure period described in Section 6.3, below, or Owner's or District's failure to fulfill or perform any obligation of Owner or District contained in any other agreement relating to the Property between the Town and Owner or the Town and District following any applicable cure period contained in such agreement. The failure by Owner to cause the Association to collect and remit the Amenities Fee to the Town as provided in Section 4.2 shall constitute a default by Owner. The failure of the Owner to cause the District to provide any Public Improvements to be provided on behalf of Owner by such District shall constitute a default by Owner. 6.3 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 7.6, and the defaulting party shall have five (5) days for monetary obligations and thirty (30) days for non -monetary obligations from and after receipt of such notice to cure such default. With respect to non -monetary obligations, if such default is not of a type that can be cured within such thirty (30) day period and the defaulting party gives written notice to the non -defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 6.4 Remedies for Default by Town. (a) If a default by Town under Article V of this Agreement is not cured as described in Section 6.3, the Owner shall have the right to enforce the Town's obligations under Article V by an action for specific performance. (b) Because this Agreement constitutes a development agreement which confers vested property rights pursuant to the Vested Property Rights Statute and Chapter 17.14 001024000\PUBPIN\771378.5 7 of the Municipal Code, any action by the Town that revokes or impairs the vested property rights granted by Article II of this Agreement shall entitle Owner to an action for injunction or specific performance or to seek compensation to the extent permitted by Colorado Revised Statutes Section 24-68-105(1)(c) as in effect on the Effective Date. The Owner agrees, however, to first pursue specific performance, and, if granted, shall have no right to pursue compensation. Only if a court denies specific performance shall the Owner be entitled to pursue compensation as set forth in Colorado Revised Statutes Section 24-68-105(1)(c). Adoption of this Agreement is subject to referendum pursuant to the vested property rights statute. In the event such a referendum is filed and succeeds in overturning the approval of the ordinance authorizing this Agreement, the vested property rights created under this Agreement shall be null and void; provided, however, that none of the development rights for the Property or approvals granted to Owner under the PUD zoning shall be affected thereby unless overturned by a separate referendum. 6.5 Remedies for Default by Owner. (a) If any default by Owner under this Agreement is not cured as described in Section 6.3, the Town shall have the right to enforce the Owner's obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. (b) Because this Agreement requires the Owner to provide or cause to be provided Public Improvements and the payment of Amenities Fees (together with interest thereon if delinquent) in order to serve the development of the Property, in the event of a breach or default by the Owner, including a failure by Owner to require an Association or the District to perform the obligations of Owner as set forth in this Agreement that Owner may have delegated to or contracted for with such entities, the Town may withhold the processing of any zoning or subdivision applications relating to property located within the Property or withhold issuance of building permits, water taps or certificates of occupancy for property located within the Property. (c) Each remedy in this Section 6.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 6.6 Arbitration. Any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, shall be settled by binding arbitration in Eagle County, Colorado, in accordance with the Uniform Arbitration Act, § 13-22-201, C.R.S., et seq. The parties shall each appoint one arbitrator and attempt to select a third arbitrator agreeable to all, but if they are unable to do so within twenty (20) days after a request for arbitration, then such arbitrator may be appointed by any judge of a competent state court having jurisdiction in Eagle County, Colorado, upon application of any party. The arbitrator jointly selected by the parties or appointed by the court must be a Colorado - licensed attorney who has substantial experience in real estate development. Any such arbitration panel shall have the power to grant any relief, including equitable relief as just and appropriate. Any award in such arbitration shall have the effect of a judgment and may be entered in any court having jurisdiction thereof Each party shall bear its own costs of arbitration. 001024000\PUBFIN\771378.5 8 ARTICLE VII MISCELLANEOUS 7.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 7.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 7.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Avon Municipal Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 7.4 Expenses. The Owner shall reimburse the Town for its out-of-pocket costs and expenses, including all outside planning, engineering, financial modeling and attorney's fees, associated with the preparation of, implementation of and enforcement of this Agreement and the development related thereto. Upon request of the Town, Owner shall deposit an amount equal to months projected expenses with the Town to pay such costs and expenses as they are incurred. 7.5 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 7.6 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 7.7 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: 001024000WUB FIN\7713 78.5 9 If to Town: And: If to Owner: [If to District: Town of Avon P.O. Box 975 Avon, Colorado 81620 Attention: Town Manager Telephone: 970-748-4005 Facsimile: 970-748-4078 John W. Dunn, Esq. P.O Box 7717 Avon, Colorado 81620 Telephone: 970-748-6400 Facsimile: 970-748-8881 1 Each party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 7.8 Amendment of Agreement. Except as otherwise set forth in this Agreement, this Agreement may be amended or terminated only by mutual consent of the Town and the Owner [and the District] in writing following the public notice and public hearing procedures required for approval of this Agreement. For the purpose of any amendment to this Agreement, "Owner" shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by Owner, the power to enter into such amendments. 7.9 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the District, including, without limitation, the obligations to provide public improvements as set forth in Article IV hereof; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of Owner and comprised of affiliates of Owner. Further, Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property; 001024000\PUBFIN\771378.5 10 provided, however, that the third party assignee fully assumes in writing all obligations of Owner assigned to such party and the Town consents in writing to such third party assignment, which consent will not be unreasonably withheld or delayed if Owner has reasonably demonstrated to the Town that the third party assignee has the financial capability to perform the obligations under this Agreement so assigned; and provided further that any assumption or transfer by or to the District providing for the express assumption of any of Owner's obligations under this Agreement by the District as permitted herein shall not relieve or release Owner of and from any obligations under this Agreement with respect to the matter so assumed. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 7.10 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 001024000\PUBFIN\771378.5 11 IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above. TOWN: TOWN OF AVON By: Ronald C. Wolfe, Mayor ATTEST Patty McKenny, Town Clerk STATE OF COLORADO COUNTY OF EAGLE Subscribed before me this day of , 20_, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of Town of Avon, a Colorado municipal corporation. My commission expires: Notary Public ATTEST OWNER: By: Its: 001024000\PUBFIN\77I 378.5 12 STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed before me this day of , 20_, by as of ,a My commission expires: Notary Public 001024000\PUBFIN\77 13 78.5 13 Sherman & Howard — 3/4/08 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 001024000\PUBFIN\7713 78.5 Sherman & Howard — 3/4/08 EXHIBIT B PUD DEVELOPMENT PLAN 001024000\PUB FIN\7713 78.5 DRAFT: 3/3/08 Fkrialira TOWN OF AVON, COLORADO ORDINANCE NO. 08 - AN ORDINANCE ESTABLISHING VESTED PROPERTY RIGHTS BY APPROVING A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 17.14 OF THE AVON MUNICIPAL CODE FOR THE PROPERTY KNOWN AS LOCATED AT , AN AREA GENERALLY DESCRIBED AS A PART OF TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, on , at the request of ,a VON C 0 C. OR A 1) 0 (the "Applicant"), the Planning Commission approved the ; and WHEREAS, on , the Planning Commission recommended approval of a Development Agreement for between the Applicant and the Town of Avon (the "Development Agreement"), the form of which is attached hereto as Exhibit A; and WHEREAS, the Development Agreement provides for the establishment of vested property rights; and WHEREAS, the and the Development Agreement and certain other approvals more particularly described therein, collectively constitute a "Site Specific Development Plan" for the purpose of establishing vested property rights pursuant to Chapter 17.14 of the Avon Municipal Code and C.R.S. § 24-68-101, et seq.; and WHEREAS, notice of the Public Hearing was provided as required by [Chapter 17.12] of the Avon Municipal Code; and WHEREAS, the Town Council, following a Public Hearing, finds that, in connection with the development contemplated by the Site Specific Development Plan, it is appropriate to grant vested property rights as set forth in the Development Agreement for a period of years from the effective date of this Ordinance. Said vested property rights are appropriate in light of all 001024000\PUBPIN\774053.3 relevant circumstances, including, but not limited to, the size and phasing of the development, economic factors, and market conditions. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the Town Council. The Town Council finds that it is appropriate to grant vested property rights, as defined in Section 17.14.020 of the Avon Municipal Code, for a period of years from the effective date of this Ordinance, for the development set forth in the Site Specific Development Plan. Said vested property rights are appropriate in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic factors, and market conditions. 3. The Town Council hereby approves the Development Agreement and authorizes the execution and delivery thereof by the Mayor or Town Manager. 4. This Ordinance shall take effect seven (7) days after public notice following final passage. The public notice of the adoption of the Ordinance shall be published in a newspaper of general circulation within the Town within fourteen days following final approval of this Ordinance. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the day of , 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of , 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 2 001024000\PUBFIN\774053.3 ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney 3 001024000\PUBFIN\774053.3 EXHIBIT A Development Agreement for [see attached page(s)] 4 001024000\PUB FIM774053.3