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TC Council Packet 06-24-2008
TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JUNE 24, 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 5. ORDINANCES a. Public Hearing on Ordinance No. 08-08, Series of 2008, Second Reading, Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs (Scott Wright, Assistant Town Manager Finance) Legislation that takes steps to effectuate the transition of the Mall to a public street with vehicular access 6. RESOLUTIONS a. Public Hearing on Resolution No. 08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2 Annexation (Randy Funk, Town Attorney) Review of Red House Annexation application submitted by the Vail Corporation for property known as Red House Lots 1 and 2, 1.44 acre parcel of land located on the northeast corner of Highway 6 and Avon Road b. Resolution No. 08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (At Avon) Filing No. 4 (Justin Hildreth, Town Engineer) Review of request by Village (at Avon) for extension of the and letter explaining good cause for such request 7. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 8. NEW BUSINESS a. Recommendation to Award the Town of Avon Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig (Jeff Schneider, Project Engineer) Review of proposal for developing a transportation master plan including vehicular, bicycle, transit & pedestrian infrastructure 9. UNFINISHED / OLD BUSINESS 10. OTHER BUSINESS Avon Council Meeting.08.06.24 Page 3 of 4 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JUNE 24, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: July 8, 2008: Community Survey Results, Election Participation Resolutions, Ordinance No. 08-06 Fire Protection District Impact Fees July 22, 2008: Review 2008 Budget Revisions, Heat Recovery Project Update 17. CONSENT AGENDA a. Minutes from June 10, 2008 b. Acceptance of 2007 Town of Avon Audited Financial Statements (Scott Wright, Assistant Town Manager Finance) Action to accept the audited financial report prepared by Clifton Gunderson LLP c. Approval of Contract with Fritzlen Pierce Architects for Design of Repair Work for the Recreation Center Patio Ceiling (Justin Hildreth, Town Engineer) Proposal for design services to improving patio area of the Recreation Center d. Contract Award for a "noise study" for potential future attenuation berm to Hankard Environmental, Inc. (Jenny Strehler, Director Public Work and Transportation) The Town requires the services of a noise testing and analysis firm to conduct noise monitoring and computer modeling along 170 in Avon ( CIP project #31011 "1-70 Noise Reduction Project") 18. ADJOURNMENT Avon Council Meeting.08.06.24 Page 4 of 4 Sherman & Howard L.L.C. ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: (303)297.2900 FAX: (303)298.0940 OFFICES IN: COLORADO SPRINGS STEAMBOAT SPRINGS • VAIL • PHOENIX • RENO • LAS VEGAS MEMORANDUM To: Avon Town Council From: Randy D. Funk ` — Date: Jun- , 008 Tt,Wt a/ 2 OO Z Re: Ordinance Regarding Town Center Mall PLA. 101A Hect(ifipad Zi2ijn In 1981, the Town Council adopted Ordinance No. 81-11, Series of 1981, establishing a pedestrian mall known as the Town Center Mall (the "Mall"). The Council later issued bonds to pay for certain improvements to the Mall. In addition, pursuant to a Mall Agreement entered into in 1981, adjacent property owners continue to be assessed for a portion of the operating costs of the Mall. The bonds have now been paid and the Mall is in need of redevelopment. As part of the redevelopment of the area, it is proposed that the pedestrian mall revert to a public street with vehicular access. Ordinance No. 08-08 takes the necessary steps to effectuate this transition of the Mall to a public street with vehicular access. It repeals Ordinance No. 81-11 and terminates the Town Center Mall as a pedestrian mall. It designates the Mall property as a public street with vehicular access. Finally, it terminates the Mall Agreement and any assessments for operating a pedestrian mall. Staff recommends approval of Ordinance 08-08 in order to facilitate the redevelopment of the Mall as a public street with vehicular access. BUS_RE\1679653.1 TOWN OF AVON, COLORADO ORDINANCE NO. 08-__ SERIES OF 2008 AN ORDINANCE REPEALING ORDINANCE NO. 81-11, SERIES OF 1981, AND TERMINATING THE TOWN OF AVON, COLORADO TOWN CENTER MALL AS A PEDESTRIAN MALL, DESIGNATING IT AS A PUBLIC STREET WITH VEHICULAR ACCESS, AND TERMINATING ASSESSMENTS AGAINST ADJACENT PROPERTY OWNERS FOR OPERATING COSTS WHEREAS, the Town of Avon (the "Town") is a home rule municipality duly organized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, pursuant to the Charter of the Town and the Public Mall Act of 1970, C.R.S. § 31-25-401, et seq., the Town Council of the Town (the "Town Council") took the necessary steps to establish a pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Filing No. 4, in the Town, as more specifically described in Exhibit A (the "Mall Property"); and WHEREAS, pursuant to Resolution No. 80-16, the Town Council expressed its intention to establish a pedestrian mall; and WHEREAS, pursuant to Resolution No. 81-4, the Town Council established a pedestrian mall and scheduled a public hearing on any claims for damages relating thereto and scheduled consideration of an ordinance to finally establish the pedestrian mall; and WHEREAS, on June 23, 1981, the Town Council adopted Ordinance No. 81-11, Series of 1981, establishing a pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Filing No. 4, Town of Avon (the "Town Center Mall") and made the necessary determinations required by law, set forth regulations for use of the Town Center Mall, established that there would be no assessments for the costs of improvements or maintenance of the Town Center Mall except in accordance with an agreement by adjacent property owners, and made such other findings as necessary to establish the Town Center Mall; and WHEREAS, pursuant to Ordinance No. 81-26, Series of 1981, known as the Mall District Creation Ordinance, the Town did establish and create the "Town of Avon, Colorado Town Center Mall BUS_RE\ 1670483.3 Improvement District" for the purpose of making certain local improvements and to assess substantially all of the cost thereof to the property benefited thereby; and WHEREAS, pursuant to Ordinance No. 81-27, Series of 1981, known as the Mall District Bond Ordinance, the Town authorized the issuance of special assessment bonds to pay for improvements to the Town Center Mall; and WHEREAS, the assessment bonds have been paid and the improvements located within the Town of Avon, Colorado Town Center Mall Improvement District are now obsolete and in need of reconstruction; and WHEREAS, C.R.S. § 31-25-407(5) allows the Town and the Town Council to abandon the operation of a pedestrian mall and to change or repeal the rules and regulations pertaining to a pedestrian mall; and WHEREAS, the provisions of C.R.S. § 31-25-406(8) allow the Town and the Town Council to designate that the property within a pedestrian mall revert to a public street upon vacating the pedestrian mall thereon; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and its citizens to repeal Ordinance No. 81-11, Series of 1981; to terminate, vacate and abandon the Town Center Mall as a pedestrian mall; to designate the Mall Property, which is owned by the Town, as a Town public street with vehicular access; and to terminate the Mall Agreement dated as of April 16, 1981 (the "Mall Agreement") which was approved by Ordinance No. 81-11, Series of 1981, and which imposed assessments against adjacent property owners for operating costs of the Town Center Mall. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the Town Council. 2. Town Ordinance No. 81-11, Series of 1981, which established a pedestrian mall on the Mall Property, consisting of a portion of Tract G, Block 2, Benchmark at Beaver Creek, Filing No. 4, Town of Avon, is hereby repealed I BUS_RE\1670483.3 3. The Town Center Mall is hereby terminated, vacated and abandoned as a pedestrian mall, and title to the Mall Property, is confirmed to be and remain in the Town pursuant to grant and the use thereof is designated to revert to a public street as permitted by C.R.S. § 31-25-406(8). 4. All other ordinances, resolutions or agreements, including the Mall Agreement, which impose assessments upon adjacent property owners to pay costs associated with the operation and maintenance of the Mall Property as a pedestrian mall are hereby repealed, amended or terminated to the extent necessary to comply with this ordinance. [Remainder of this page left intentionally blank] 3 BUS_RE\1670483.3 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 ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney 4 BUS_RE\ 1670483 .3 MET '4S AND BOUNDS DE OCRIPTION FOR AVON MALL EXHIBIT "A" AVON MALL N IL Noseade Metes and bounds description of a tract of land to be known as Avon Mall located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat - Town of Avon, Eagle County, Colorado and final subdivision plat amendment 14 benchmark at Beaver Creek, more particularly described as follows: Beginning at the northwest corner of lot 64 as•shown on said plat, thence north 36° 56' 39" east a distance of 369.19 feet, thence south 2° 31' 12" east a distance of 346.33 feet, thence south 650 58' 08" east a distance of 520.00 feet, thence south 85° 31' 22" east a distance of 125.26 feet, thence south 20° hegce south 69° 01' 52" west a8 distancest adistance of120.00feet, thencefnorteet, t h 20° 58' 08" west a distance of 75.00 feet, thence north 65° 58'•08" west a distance of 255.00 feet, thence south 69° 01' 52" west a distance of 42.43 feet, thence north 65° 58' 08" west a distance of 72.47 feet, thence north 209 58' 08" west a distance of 42.43 feet, thence north 65° 58' 08" west a•distance or 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667 acres more or less. BE Il81Y A • i. •3955 E. EXPOSITION AVE.' OENYER. COLO. • 80200 • AREA 'CODE .S03"744 -1881, - ENGINEERS ARCHITECTS' •- PLANNERS4 5 BUS_RE\1670483.3 NOTICE OF PROPOSED ORDINANCE TO TERMINATE TOWN CENTER PEDESTRIAN MALL TOWN OF AVON, COLORADO NOTICE IS HEREBY GIVEN that pursuant to law, the Town Council (the "Town Council") of the Town of Avon, Colorado (the "Town") will hold a public hearing at its regular meeting on Tuesday, June 24, 2008, on Ordinance No. 08- , Series of 2008 (the "Ordinance"). If the Ordinance is adopted, the Town will terminate, vacate and abandon the pedestrian mall known as the Town Center Mall (the "Mall") and the property currently used for the Mall will revert to a public street with vehicular access. Any interested owner of property near the Mall or any other interested persons may attend the meeting of the Council and present comments or questions to the Town Council regarding the Ordinance and the termination of the pedestrian mall. The meeting will be held at 5:30 p.m. on Tuesday, June 24, 2008, at the Avon Municipal Building located at 400 Benchmark Road, Avon, Colorado. Prior to such time, questions may be directed to Scott Wright at telephone number 970-748-4000. BUS_RE\1670596.3 Memo AvoN COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matthew R. Gennett, AICP, Planning Manager )7 Date: June 24, 2008 Meeting Re: Red House Annexation — Eligibility Resolution 08-21 Summary: The Vail Corporation has submitted an annexation Petition for property known as the Red House Lots 1 and 2 Annexation. This is a 1.44 acre parcel of land located on the northeast corner of Highway 6 and Avon Road. Resolution 08-21 is the next step in the statutory process of the Red House Annexation. On May 13, 2008, the Town Council adopted Resolution No. 08-16, Series of 2008, finding that an annexation petition relating to the Property known as Red House Lots 1 and 2 Annexation was in substantial compliance with applicable state statutes and set a public hearing for eligibility on June 24, 2008. As also required by statute, notice of the hearing has been published for at least four consecutive weeks beginning at least 30 days prior to the hearing. Following the public hearing on June 24, the Council will be asked to act upon Resolution No. 08- 21 setting forth findings of fact and the conclusion of the Council that the Property is eligible for annexation. As part of the public hearing, it is expected the Council will be presented with evidence that the boundary of the Property has at least one -sixth contiguity with the Town, that there is a community of interest between the Property and the Town, that said area is urban or will be urbanized in the near future and is capable of being integrated with the Town, and that all other eligibility requirements have been satisfied. The applicant will be in attendance to present such evidence and staff will be available to respond to questions. The adoption of Resolution No. 08-21 does not require the Town to annex the Property. It is expected that the applicant will submit several applications during July, including a proposed amendment to the comprehensive plan, a PUD zoning application, and a subdivision application. These will be considered concurrently by the Planning and Zoning Commission and by the Council corresponding with the decision of the Town to annex the Property. Background: On May 13th, 2008 the Avon Town Council accepted the Petition and made a finding that the Petition was in substantial compliance with the requirements of C.R.S. § 31- 12-107(1) via Resolution 08-16. The adoption of this Resolution also scheduled a public hearing which, following publication of notice in the paper for four consecutive weeks prior to the hearing, allows the Council to have a public hearing to determine if the proposed annexation meets the eligibility requirements of state law. Staff Recommendation: Staff recommends the Council APPROVE Resolution No. 08-21 as written and attached hereto. Town Manager Comments: Attachments: - Resolution No. 08-21 - Petition for Annexation - Vicinity Map Resolution No. 08-21, Red House Annexation Town Council June 24th, 2008 Regular Meeting „y /VA No tE i�ti��,t csC Viq 1 L Co R ,0 RESOLUTION NO. 08-21 SERIES OF 2008 A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING ELIGIBILITY FOR ANNEXATION TO THE TOWN OF AVON OF PROPERTY KNOWN AS THE RED HOUSE LOTS 1 AND 2 ANNEXATION WHEREAS, annexation proceedings were initiated by the filing with the Clerk of the Town of Avon, Colorado ("Town") of a petition for annexation ("Petition") of certain property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property") to be known as the Red House Lots 1 and 2 Annexation; and WHEREAS, at a regular meeting on May 13, 2008, the Town Council adopted Resolution No. 08-16, Series of 2008, finding the Petition is in substantial compliance with C.R.S. § 31-12- 107(1) and setting a public hearing to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility for annexation; and WHEREAS, following notice of public hearing given as required by C.R.S. § 31-12-108(2), the Town Council has held a public hearing on such eligibility for annexation; and WHEREAS, in accordance with C.R.S. § 31-12-110 the Town Council desires to adopt by resolution its findings of fact and its conclusion in regard to the eligibility for annexation of the Property to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL: Section 1. Proper notice was given and a public hearing was held regarding the eligibility for annexation of the Property to the Town in accordance with the requirements of C.R.S. §§ 31-12-108 and 31-12-109, as applicable. Section 2. With respect to the Petition and the Property, and pursuant to the terms and conditions set forth therein and the evidence presented at the public hearing, the requirements of the applicable parts of C.R.S. §§ 31-12-104 and 31-12-105 have been met. Section 3. No election is required under C.R.S. § 31-12-107(2). Section 4. No additional terms and conditions are to be imposed except as provided in the Petition and in an annexation and development agreement to be entered into by the Town and the petitioner, which are not to be considered additional terms and conditions within the meaning of C.R.S. § 31-12-112. Section 5. No impact report concerning the purposed annexation is required because the Property consists of less than ten acres. 1 Section 6. The Property as set forth in the Petition and Exhibit A attached hereto is eligible for annexation to the Town. INTRODUCED, READ, and ADOPTED this 24th day of June, 2008. Ron Wolfe Mayor ATTEST: Patty McKenny Town Clerk EXHIBIT A LEGAL DESCRIPTION Red House Lots 1 and 2 Annexation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 %2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, °42' 50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 435725, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01 °22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast '/4 of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). $64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along said line NOO°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A-1 PETITION FOR ANNEXATION RED HOUSE LOTS Il AND 2 TO THE TOWN COUNCIIL OF THE TOWN OF AVON, COLORADO: The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition') the Town Council of the Town of Avon, Colorado ("Town Council"), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections 31-12-104 and 31-12-105 of the Annexation Act exist or have been met. 3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. There are no adult residents of the Property and the Petitioner does not intend to devote the Property to agricultural use. 8. The Petitioner is the landowner of more than fifty percent (50%) of the Property, excluding public streets, and alleys, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 9. The Petitioner is the owner of one hundred percent (100%) of the Property within the meaning of Section 31-12-107(1)(g) of the Annexation Act. 10. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 810362.4 for ad valorem tax purposes for the year next' preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 11. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 12. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 13. The proposed annexation of the Property will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 14. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 15. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 16. The legal description of the land owned by the Petitioner is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section 31-12-107(1)(g) of the Annexation Act. 17. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. The mailing address of each signer is provided following such signature. 18. This Petition is accompanied by four copies of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town abutting the Property and the contiguous boundary of any other municipality abutting the Property. 2 810362.4 19. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Commence proceedings to amend its Comprehensive Plan and to institute zoning of the Property as a PUD, all in accordance with Section 31-12-115 of the Annexation Act and Title 17 of the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for a site specific development plan for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, but not more than five years pursuant to Title 17 of the Town's Municipal Code. 20. Petitioner has filed this Petition subject to the following conditions: (a) At the same hearing as and immediately following its approval of annexation of the Property, the Town Council approves, and such approvals become final and non -appealable, each of the following: (i) an amendment to the Town's Comprehensive Plan to be consistent with the proposed PUD zoning; (ii) PUD zoning which is substantially consistent with the application for PUD zoning which Petitioner submits in connection with this Petition; and (iii) the Annexation and Development Agreement. (b) The annexation shall not become effective, and neither Petitioner nor the Town shall file the annexation ordinance and map with the Eagle County Clerk and Recorder, until after: (i) the conditions set forth in clause (a) above have been satisfied; and (ii) the effective date of each resolution or ordinance approving the matters referenced in clause (a) above. 21. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement. General property taxes of the Town shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 22. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 31-12-107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. [Signature Page Follows This Page] 810362.5 THEREFORE, Petitioner requests that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this ' day of ,t It P Y �� t� tilt 0ua',i ' , 2008. Signature of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporatio By: Name: Keith Fernandez Title: President & COO - VRDC Date of Signature: 3/2 - Mailing Address: The Vail Corporation c/o Vail Resorts Development Company P.O. Box 7 Vail, Colorado 81658 4 810362.4 EXHIBIT BIT A TO PETITION FOR ANNEXATION Legal Description of Property Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3'/2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 'A of the Southeast '/4 of said Section 12; thence along said line N89°19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S 17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). $64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast '/4 of said Section 12; thence along said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A 810362.4 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 '/2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center V4 corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast '/4 of said Section 12; thence along said line N89°19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 'A of said Section 12; thence along said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit B 810362 4 EX ii y C TO PETITION FOR ANNEXATION Affidavit off Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of six pages, excluding the page(s) of this Exhibit C, and that the signature of the petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name it purports to be, and that the date of such signature is correct. STATE OF COLORADO ) ) ss. COUNTY OF The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this ( day of in 44- , 2008, by "Di �t,vte. ma cc r .e.//t) Witness my hand and official seal. My commission expires: / • / q.09 Exhibit C 810362.4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E. Town Engineer[10.4 Date: June 19, 2008 Re: Resolution 08-22 — A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (at Avon) Filing No. 4 Summary: Resolution 08-22, attached as Exhibit A, is in response to the request by the Village (at Avon) for an extension of the Preliminary Subdivision Plan approval and Subdivision Variance approval for the Village (at Avon) Filing 4. The Preliminary Subdivision Plan and the associated Subdivision Variance are set to expire two years after approval date, June 27, 2006, unless the applicant requests an extension sixty (60) days before the expiration date, June 27, 2008, showing good cause. The applicant, Traer Creek RP LLC, submitted a request for a two-year extension of the Preliminary Subdivision Plan, along with an additional letter that includes a description of good cause for the extension. The extension request is in conformance with requirements of Avon Municipal Code (AMC) 16.20.110. Staff recommends approval of Resolution 08-22, Series of 2008, conditionally approving the extension request for a period of one year. Previous Council Action: Town Council approved Resolution 06-14 approving the Preliminary Subdivision Plan and Resolution 06-13 approving the Subdivision Variance for Village (at Avon) Filing 4, on June 27, 2006. The resolutions are attached as Exhibit B and Exhibit C, respectively. Background: Town Council approved the Village (at Avon) Filing 4 Preliminary Subdivision Plan and associated Subdivision Variance on June 27, 2006. The proposed subdivision is located north of the Swift Gulch Road and Post Boulevard roundabout and includes reconstructed wetlands, a water tank, and an access road to the water tank. The associated Subdivision Variance increases the maximum road grade from 8.5 percent, as stipulated in the Annexation and Development Agreement for portions of Traer Creek Run north of Interstate 70, to 9.5 percent. Per Section 16.20.100 of the AMC, the Preliminary Subdivision Plan expires after two years of the approval date. Section 16.20.110 of the AMC states that an extension may be granted for good cause when such request is submitted by the subdivider in writing to the Town Clerk at least 60 days prior to the date of approval expiration. On January 15, 2008, the applicant's engineer, Kent Kriehn of Alpine Engineering, submitted the response to the Town's October 20, 2006 comments regarding the Final Plat, Draft Subdivision Improvements Agreement (SIA) and construction drawings. The Town responded to the submittal on February 15, 2008. In the response, attached as Exhibit D, the Town provided comments regarding the proposed SIA, construction drawings, and reminded the applicant of the June 27, 2008 Preliminary Subdivision Plan expiration date. On April 16, 2008, Munsey Ayers, the applicant's representative, submitted the request for a two- year extension of the Preliminary Subdivision Plan, attached as Exhibit E, but the request did not include a description of good cause as required in AMC 16.20.110. The Town's response, dated April 30, 2008 and attached as Exhibit F, requested the applicant to submit the description of good cause. On June 18, 2008, the Town received a letter from Munsey Ayers, attached as Exhibit G, which included the applicant's description of good cause. • Page 1 Discussion: Staff is of the opinion that a one-year extension should be granted to the applicant since there is no exposure to the Town because no additional development beyond the Eagle County Health Services District ambulance facility can occur in the Village (at Avon) until the water tank is constructed. Staff is recommending a one-year extension instead of a two-year extension in the event that the Preliminary Subdivision Plan needs to be modified as a result of unforeseen changes to the Village (at Avon) development plan. This is a minimal burden for the applicant because all that is required to apply for another one-year extension is a formal written request showing good cause. On March 25, 2008, Staff received a copy of a July 2001 Cultural Resource Inventory Report (Report) that was prepared by Metcalf Archeological Consultants of Eagle, Colorado. The Report identified 9 sites within the Village (at Avon). Of these sites, two may be eligible for the National Register of Historic Places since they hold some data potential. One of the sites along Nottingham Gulch (identified as 5EA1736 in the report) may be located within the area to be disturbed for the construction of the Filing 4 improvements. The Report states that data recovery of the site is a feasible option since it is not located were in -situ preservation is the best option. Staff recommends, as a condition of Resolution 08-22, that the applicant identifies the location of the site to determine if it is located within the area to be disturbed for the construction of the Filing 4 improvements. If the site is located in the area to be disturbed, a data recovery effort must be undertaken to the satisfaction of the Town before construction for Filing 4 can start. It should be noted that the June 18, 2008, letter from Munsey Ayers (Exhibit G) attempts to connect the request for the Preliminary Subdivision Plan extension to a dispute with the Town regarding the collateralization of the improvements and the SIA before the Final Plat can be recorded per Section 16.24.100 of the AMC. Staff feels that this is a separate issue and is not relevant to the approval recommendation for Resolution 08-22. Financial Implications: No financial implications to the Town of Avon. Recommendation: Staff is recommending that the Village (at Avon) Filing 4 preliminary subdivision plan be granted for one year and a condition be added that requires that the developer conduct an analysis of the impacts of the Filing 4 construction on the sites identified in the July 2001 Cultural Resource Inventory Report prepared by Metcalf Archeological Consultants; if the Filing 4 construction impacts any of the sites than the developer shall undertake a data recovery of the prehistoric site before Filing 4 construction starts. Proposed Motion: Approve Resolution 08-22, granting a one-year extension to the Village (at Avon) Filing 4 Preliminary Subdivision Plan approval with a condition that developer conduct an analysis of the impacts of the Filing 4 construction on the sites identified in the July 2001 Cultural Resource Inventory Report prepared by Metcalf Archeological Consultants; if the Filing 4 construction impacts any of the sites than the developer shall undertake a data recovery of the prehistoric site to the satisfaction of the Town before Filing 4 construction starts. Town Manager Comments: • Page 2 Attachments • Exhibit A — Resolution 08-22, A Resolution Approving an Extension of One -Year of the Preliminary Subdivision Plan Approval of the Village (at Avon) Filing 4 • Exhibit B — Resolution 06-14, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing No 4, Town of Avon, Eagle County, Colorado • Exhibit C — Resolution 06-13, A Resolution Approving Subdivision Variance Increasing Allowable Road Grade From Eight and One Half Percent to Nine and One Half Percent On Traer Creek Run in the Proposed Preliminary Plat for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado • Exhibit D - February 15, 2008, Letter from Justin Hildreth, Town of Avon to Kent Kriehn, Alpine Engineering • Exhibit E - April 16, 2008, Letter from Munsey Ayers, Otten Johnson, Robinson, Neff & Ragonetti, PC to Justin Hildreth, Town of Avon • Exhibit F - April 30, 2008, Letter from Justin Hildreth, Town of Avon to Munsey Ayers, Otten, Johnson, Robinson, Neff & Ragonetti, P.C. • Exhibit G - June 18, 2008, Letter from Munsey Ayers, Otten, Johnson, Robinson, Neff & Ragonetti, P.C. to Justin Hildreth, Town of Avon • Page 3 Exhibit A RESOLUTION 08-22 Series of 2008 A RESOLUTION APPROVING AN EXTENSION FOR ONE YEAR OF THE PRELIMINARY SUBDIVISION PLAN APPROVAL FOR THE VILLAGE (AT AVON) FILING NO. 4 WHEREAS, the preliminary subdivision plan for The Village (at Avon) Filing 4 was approved by Resolution 06-14 on June 27, 2006; and WHEREAS, by Resolution No. 06-13, adopted June 27, 2006, a variance in association with the preliminary subdivision plan for The Village (at Avon) was approved; and WHEREAS, Section 16.20.100, Avon Municipal Code, provides that approval of a preliminary plan shall be valid for a period of two years; and WHEREAS, Section 16.20.110, Avon Municipal Code, provides that approval of a preliminary plan may be extended for good cause shown when such request is submitted by the subdivider in writing to the Town Clerk at least 60 days prior to the date of approval expiration; and WHEREAS, Traer Creek RP, LLC, the subdivider, submitted a request for extension of the approval of the plan prior to April 27, 2008; and WHEREAS, good cause for such an extension has been shown; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1. The approval of the preliminary subdivision plan for The Village (at Avon) Filing 4 is extended to and including June 26, 2009 with the following condition: that the applicant conduct an analysis of the impacts of the Filing 4 construction on the sites identified in the July 2001 Cultural Resource Inventory Report prepared by Metcalf Archeological Consultants; if the Filing 4 construction impacts any of the sites that the developer shall undertake a data recovery of the prehistoric site to the satisfaction of the Town of Avon before Filing 4 construction starts. 2. The approval of the associated variance is extended to and including June 26, 2009. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 24th day of June, 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk Exhibit B TOWN OF AVON, COLORADO RESOLUTION NO. 06-14 Series of 2006 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (AT AVON) FILING 4, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village (at Avon) has applied for Preliminary Subdivision Plan approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest '/4, Northwest 1/4, Section 8, Township 5 South, Range 81 West of the 6th Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, a Variance application to allow an increase in the maximum road grade from 8.5% as stipulated in the Annexation and Development Agreement for that portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate Highway 70 and maintained by the Town of Avon, to 9.5% was submitted in conjunction with said Preliminary Plan; and WHEREAS, said Variance was approved by Resolution No. 06-13; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 4 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Preliminary Subdivision Plan for The Village (at Avon) Filing 4 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same development laws, regulations and policies of the Town of Avon and hereby approves the same subject to compliance with the following conditions prior to Final Subdivision Plat approval and subsequent issuance of any construction, grading or building permits: 1. Evidence of approval of the final construction plans must be provided by the appropriate utilities, including water and sewer. 2. An approval letter from The Village (at Avon) Design Review Board must be submitted prior to issuance of any construction, grading and/or building permits for any improvements shown on The Village (at Avon) Filing 4, October 2005 Preliminary Plans. 3. All slopes shall be 2 : 1 or flatter or detailed plans and supporting geological and soils documentation shall be submitted for review and approval consideration prior to, or in conjunction with Final Plat submittal for review and approval. 4. Rip Rap Sizes and supporting documentation shall be submitted for review and approval with final construction plans prior to issuance of construction, grading and/or building permit. 5. Written approval from Eagle River Water and Sanitation District for the final construction plans for the water main and water storage tank must be submitted prior to issuance of construction, grading and/or building permit. 6. Water main and fire hydrant plans must be approved in writing by Eagle River Fire Protection District prior to issuance of construction, grading and/or building permit. 7. Landscaping/revegetation plans and specifications prepared by professional landscape architect shall be submitted for review and approval prior to, or in conjunction with Final Plat submittal. 8. All electrical lines and other utilities shall be underground unless granted special review use approval for aboveground systems as required by Section 17.04.060(c) of the Avon Municipal Code. 9. Construction, grading and/or building permits may be subject to special inspection and review fees to be determined at the time of permit issuance. 10. Establishment and dedication of an east -west pedestrian and bicycle route to the east from Traer Creek Run to US Forest Service Property in conjunction with development of Planning Area RMF-1. 11. Dedicate a pedestrian and bicycle route to the north and west from Traer Creek Run to the U.S. Forest Service parcel in conjunction with the development of subdivision parcel. this Prel Subd Res 06-14 Amended Page 2 of 3 12. Include sidewalk along Traer Creek Run as a part of the final road construction plans and final plat approval. 13. Subdivision Improvements Agreement must be approved by the Town of Avon concurrently with Final Plat Approval and the corresponding security must be submitted to and accepted by the Town prior to recording of the Final Subdivision Plat. 14. Completion of technical corrections as identified by Town Staff. ADOPTED THIS 27Th DAY OF JUNE 2006. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: P.tty Kenny, To lerk Ronald C. Wolfe, Mayor Prel Subd Res 06-14 Amended Page 3 of 3 Exhibit C TOWN OF AVON, COLORADO RESOLUTION NO. 06-13 Series of 2006 A RESOLUTION APPROVING SUBDIVISION VARIANCE INCREASING ALLOWABLE ROAD GRADE FROM EIGHT AND ONE HALF PERCENT TO NINE AND ONE HALF PERCENT ON TRAER CREEK RUN IN THE PROPOSED PRELIMINARY PLAT FOR THE VILLAGE (AT AVON) FILING 4, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village (at Avon) has applied for a Subdivision Variance and Preliminary Plan approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest '/4, Northwest '/4, Section 8, Township 5 South, Range 81 West of the 6th Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, said Variance application is to allow an increase in the maximum road grade from 8.5% as stipulated in the Annexation and Development Agreement for that portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate Highway 70 and maintained by the Town of Avon, to 9.5%; and WHEREAS, The Town Council of the Town of Avon finds that the requested Variance complies with the following criteria: 1) A strict, literal application of the subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; 2) The provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; 3) The granting of the request will not adversely affect the use of the land in the immediate area of the tract in question; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 4 and posted notices of the time and date at which Town Council considered the subdivision variance application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Subdivision Variance, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Subdivision Variance for The Village (at Avon) Filing 4 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to: 1. Traer Creek Run may be constructed to a maximum grade of 9.5 %, may exceed one thousand feet (1,000') in length and serve not more than 280 residential units; provided however, that the portion of Traer Creek Run that is in excess of 1,000' beyond the Swift Gulch Road Intersection shall not service commercial uses. (Traer Creek Run is hereby limited to serving Planning Area N (Community Park), the Single -Family Lots and Planning Area RMF-3 as depicted on The Village (at Avon) PUD Development Plan.) 2. Subsequent approval and recording of Final Subdivision Plat corresponding to Preliminary Subdivision Plan as submitted with this Variance Application. ADOPTED THIS i 1{` DAY OF March 2006. ATTEST: TOWN COUNCIL TOWN OF AVON, COLORADO C. Ronald C. Wolfe, Mayor Resolution No. 06-13 V@Avon Filing 4 Variance Page 2 of 2 Exhibit D C O LL cJ —R A D Avon.., a smoke free community February 15, 2008 Kent Kriehn Alpine Engineering PO Box 97 Edwards, CO 81632 Re: The Village (at Avon) Filing 4, Final Plat and Subdivision Improvements Agreement Dear Kent: Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970.949-9139 Fax Relay recognized wwIV. avon.org This letter is to acknowledge your submittal on January 15, 2008, in response to the Town's comments on October 20, 2006, on your prior submittal of a Final Plat for The Village (at Avon) Filing 4. Set forth below is an outline of the remaining items that need to be resolved before the Final Plat can be scheduled for Town Council consideration. The remaining issues with the construction plans could be a condition of the approval of the Final Plat, though we would prefer to resolve them as soon as possible. The issues with the Subdivision Improvements Agreement (SIA), however, must be satisfactorily addressed before the Final Plat can be scheduled for Town Council consideration. Subdivision Improvements Agreement: 1. For several reasons, including those described in paragraphs 2 and 3. below, the form of Subdivision Improvement Agreement you submitted is not acceptable. The standard Town of Avon SIA template must be used. I have attached a copy of it and will email you the computer file. Any deviations from the template which you deem necessary because of a unique aspect of the project must be indicated by underline and strike -through. 2. The draft SIA you submitted states that the proposed improvements are not funded and that no collateral will be posted at this time. Per Section 16.24.100 of the Avon Municipal Code, the Final Plat cannot be recorded until the SIA is executed and sufficient collateral is provided. 3. The Subdivider's proposal for the Town of Avon Engineering Department to approve the Progress Pay Requests has proven unsatisfactory because it does not provide for adequate collateral and because the associated test reports and letters of acceptance from the utility providers are not received by the time the Progress Pay Requests must be processed. Therefore, the Subdivider must provide collateral in a form that conforms to the requirements in Section 16.24.100 of the Town of Avon Municipal Code. 4. The draft SIA proposes breaking the project up into two phases, with the wetlands and associated improvements in the first phase and the water tank in the second phase. Staff supports phasing the project, with the wetlands and associated improvements in the first phase. If the Subdivider would like to split the improvements into two different SIAs, that would be acceptable to staff. That way, the Subdivider could provide collateral now for the first phase and postpone providing collateral for the second phase which is proposed to be constructed several years later. Please be aware, however, per Section 16.24.100 (1) the plat would not be recorded until after the installation and acceptance of all of the improvements or when collateral is in place for the remaining improvements. 5. Per Section 16.20.100 of the Avon Municipal Code, the Preliminary Plan will expire on June 27, 2008, two years after it was approved. The approval may be extended for good cause shown, but the request must be submitted to the Town Clerk 60 days before the approval expiration. Based on information provided to me and the time involved in making the latest revisions, it appears that the SIA and Final Plat may not be executed and approved by Council before the Preliminary Plan expires. Therefore, I recommend that the Subdivider apply for a two year extension. Construction Plans: 6. Updated approval letters from the following organizations must be provided: a. Army Corps of Engineers. b. Eagle River Water and Sanitation District. c. The Village (at Avon) Master Design Review Association. 7. Staff recommends relocating the 100' Electric Easement to the actual location of the power lines. 8. The dates on the Final Plat must be updated to reflect that it is 2008. 9. The utility plans do not include sanitary sewer. This indicates that future construction will require demolition and reconstruction of the road to install sanitary sewer. Staff recommends installation of sanitary sewer during construction of the proposed road. 10. The HP Geotech letter, dated March 22, 2005, indicates the 1.75:1 slope has "some potential for slope movements". This is unacceptable because this will be the only route to the homes on the hill. The maximum allowable slope is 2:1, and as a result, the grading plan in this area must be updated to reflect 2:1 slopes. Retaining walls may be necessary in this area to keep the maximum slope of 2:1. 11. Please clarify note 6, sheet 2, of the Bates Engineering drawings. 12. Sheet D13 of the Bates Engineering drawings shows a chain link fence detail that is not indicated on any of the site plans. Please indicate where it is proposed or remove the detail. 13. Please provide sheets L1.01 and L1.02 for review. 14. Drainage pipes located on Sheet 6 of the Alpine Engineering (AE) drawings should be extended to the drainage channel. 15. The pipe extending from the water tank on sheet 7 of the AE drawings towards the northeast then crossing the access roads should be labeled. 16. RCP pipe is required for drainages that cross beneath the ROW. 17. The Typical Subgrade Road Section (17+75 to 27+50) on sheet 16 of AE drawings must include the 2' wide shoulders required by the PUD design guidelines. If you have any comments or questions about this letter, please give me a call at (970) 748-4045 and we can set up a meeting. Sincerely, tAX" th ustin Hil J , Town Engineer cc: Larry Brooks, Town of Avon Eric Heidemann, Town of Avon John Dunn, Town of Avon File Exhibit E OTTENJ0HNS0N ROBINSON NEFF+RAGONETTI. April 16, 2008 BY U.S. MAIL AND EMAIL FJHILDRETH@AVON.ORG] Justin llildreth Town Engineer Town of Avon P. O. Box 975 Avon, CO 81620 Re: The Village at Avon Filing 4; Water Tank Dear Justin: MUNSEY L AYERS 303 575 7555 MUNSEY@OTTENJOHNSON COM Based on our April 4 telephone discussion, and pursuant to paragraph 5 of your February 15, 2008 letter to Kent Kriehn, this letter formally requests a two year extension of the Filing 4 Preliminary Plan approval through and including June 27, 2010. By copy of this letter to Patty McKenney, 1 also am submitting this request to the Town Clerk as your February 15 letter directs. Separately, in a letter that will follow this request for extension, 1 would like to confirm and expand upon our April 4 discussion by outlining a proposed approach to enable construction of the water tank, access road, wetlands mitigation, and related public improvements during the period of extension and prior to final action on the Filing 4 Final Plat and associated subdivision improvement agreement. Section 16.24.100 of the Town Code requires that no final plat be recorded until either (a) the requisite public improvements have been installed pursuant to clause (1); or (b) collateral has been provided to assure completion pursuant to clause (2). Based on clause (1), 1 inquired with you as to whether it would be possible for construction of the Filing 4 improvements to proceed without having to first obtain approval and recordation of the Final Plat. Your provisional answer, subject to working through the details and confirming internally, was that this should be possible. We view this as a very productive discussion to pursue. Therefore, we would like to confirm that this approach is viable and to further confirm what the permitting and related requirements will be so that Traer Creek Metropolitan District can be in a position to proceed with its bond issuance with assurance that it can proceed with construction promptly following the bond closing. To that end, I will submit a letter to you that outlines the process as we see it. We then would like to obtain the Town's written comments on and, after incorporating any supplemental or modified information that you believe pertinent, concurrence with that process. It would be our expectation that the foregoing will provide a framework for the developer and the Town to work 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENJOHNSON.COM DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS Justin Hildreth April 16, 2008 Page 2 cooperatively during the period of the requested extension of the Preliminary Plan to enable the bond issuance and subsequent construction of the water tank and related improvements. 1 appreciate your willingness to work through these issues and find a way to solve the "chicken and egg" situation of enabling financing of the water tank and related improvements, and I look forward to further clarifying and documenting that solution with your continued input and assistance. In the mean time, please process the two year extension of the Filing 4 Preliminary Plan as requested above. If you require further information from me in that regard, please do not hesitate to contact me. Bes i ards unsey({. A for OTTEN, JO$INSON, RO$INSON, NEFF & RAGONETTI, P.C. MLA/abm cc (by email): John Dunn, Esq. (jdunn@jwdunnlaw.com) Patty McKenney (pmckenny@avon.org) Magnus Lindholm (magnuslindholm@traercreek.com) Dan Leary (danleary@traercreek.com) Darlene Sisneros, Esq. (dsisneros@mcgeadysisneros.com) Kent Kriehn (kriehn@alpinecivil.com) 830385 2 Exhibit F C o €. O R ADO Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax Relay= recognized www.avon.org April 30, 2008 Munsey L. Ayers Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17t Street, Suite 1600 Denver, CO 80202 Re: The Village (at Avon) Filing 4, Final Plat and Subdivision Improvements Agreement Dear Munsey: This letter is in response to your April 16, 2008, letter regarding The Village (at Avon) Filing 4 Preliminary Plan and Subdivision Improvements Agreement (SIA). In the letter, you requested a 2 -year extension of the The Village (at Avon) Filing 4 Preliminary Plan approval. The extension request does not show "good cause" pursuant to Avon Municipal Code (AMC) 16.20.110. Please submit a revised request letter in compliance with AMC 16.20.110 and Staff will schedule the extension request for Town Council hearing. Staff will only support a 1 -year extension of the Preliminary Plan if the extension request meets the requirements of such good cause. On March 25, 2008, Staff received a copy of the attached July 2001 Cultural Resource Inventory Report (Report) that was prepared by Metcalf Archeological Consultants of Eagle. The report was prepared for Traer Creek LLC and was a requirement of CDOT to construct the Post Blvd interchange. The Cultural Resource Inventory Report identified 9 sites within the Village at Avon, of these two may be eligible for the National Register of Historic Places since they hold some data potential. One of the sites along Nottingham Gulch (identified as 5EA1736 in the report) may be located within the area to be disturbed for the construction of the Filing No. 4 improvements. The report states that data recovery of the site is a feasible option since it is not located where in -situ preservation is the best option. The Report only provides a general location for the site. As a result, Staff attempted to visit the site to better determine the location and impacts of the Filing 4 construction but was unable to do so. Staff is recommending that a condition be added to the Filing 4 Village at Avon extension that requires an analysis of the impacts of the Filing 4 construction on the site and if there is any disturbance in that area, that the developer undertake a data recovery of the prehistoric site. The second part of your April 16, 2008, letter relates to phasing construction of the Filing 4 improvements and the final plat and SIA. Town Staff is willing to consider your proposal to construct the Filing 4 improvements prior to recording the Filing 4 Final Plat subject to the following conditions: First, the developer must enter into a SIA before any improvements are constructed per Section 16.24.100 (i) of the AMC, Second, Staff will not support the Town entering into a SIA for a proposed development that is not fully funded because there must be acceptable collateral ensuring that the project will be completed. Staff will support omitting the collateralization of the tank if there is a separate agreement with the Upper Eagle Valley Water Authority that guarantees and collateralizes completion. Munsey L. Ayers April 30, 2008 Page 2 of 2 Please submit a proposal that clearly outlines how the developer would like to fund and phase the SIA and that complies with the AMC. If you have any comments or questions about this letter, please give me a call at (970) 748-4045 and we can set up a meeting. Sincerely, y`ustin Hildt Town Engineer cc: Larry Brooks, Town of Avon Eric Heidemann, Town of Avon John Dunn, Town of Avon File Exhibit G OTTENJOHNSON ROBINSON NEFF + RAGONETTI pc June 18, 2008 BY U.S. MAIL AND EMAIL (JHILDRETH@AVON.ORG] Justin Hildreth Town Engineer Town of Avon P. O. Box 975 Avon, CO 81620 Re: The Village at Avon Filing 4; Water Tank Dear Justin: MUNSEY AYERS 303 575 7555 MUNSEY@OTTENJOHNSON COM As contemplated by my April 16, 2008, letter requesting a two year extension of the Filing 4 Preliminary Plan approval, this letter outlines a proposed approach to enable construction of the water tank, access road, wetlands mitigation, and related public improvements during the period of extension and prior to final action on the Filing 4 Final Plat and associated subdivision improvement agreement. Also, as detailed below, this letter responds to the main points your April 30 letter as follows: • "good cause" pursuant to AMC Section 16.20.100 for requested 2 year extension: The referenced section provides not direction regarding what might constitute "good cause." As described more fully below, this is simply a very pragmatic request based on the fundamental reality that there is no present ability to provide the funding necessary to construct the tank improvements that the Town (in our opinion, inappropriately) has asserted must be collateralized through an SIA as condition of final plat approval and recordation. The requested 2 year extension serves to good causes in that (1) it avoids the need for the parties to engage in a dispute regarding the proper scope of collateralization and the proper scope of public improvements serving the lots created by the plat; and (2) it enables what we view as adequate time to put in place the arrangements to fund and commence construction of the tank site improvements and complete processing of the final plat without further need for extension. With regard to point (2) above, as the discussion below should demonstrate, a 1 year extension is not adequate. • Condition regarding archeological site: We previously have addressed this issue through the Metcalf report mentioned in your letter and are generally amenable to reasonably addressing this issue consistent with the report and generally applicable AMC requirements in like manner as the Town requires of other developments. As to the proposed condition, we would have to see and evaluate the language and hope to work through that with staff in a cooperative manner. Additionally, since we anticipate that permits must be issued by 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENJOHNSON.COM DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS Justin Hildreth June 18, 2008 Page 2 the Town prior to commencement of any work on the tank site improvements, including any grading activities, we believe the condition you propose would more appropriately be incorporated as a requirement of the permit itself, and that adding it as a condition of the extension may well be premature. • "Fully funded" SIA collateralization: I do not understand your interpretation of AMC Section 16.24.100, as your statement that a fully funded SlA must be in place prior to construction of the public improvements is directly contrary to the actual language which states that no final plat can be recorded until either the public improvements have been installed (per clause (1)) or collateral is in place to assure completion (per clause (2)). Your letter seems to focus only on clause (2). As described below, we are proposing to proceed pursuant to clause (1). By way of context, Traer Creek Metropolitan District's ("TCMD") ability to fund these public improvements is contingent on its ability to issue one or more new series of bonds, or to arrange for alternative financing sources ("Tank Site Financing"). TCMD's ability to secure the Tank Site Financing will be contingent on commitments from users for additional commercial development within The Village (at Avon). In turn, securing the Tank Site Financing and commitments for users within the next phase of commercial development each are predicated on the ability to obtain the necessary construction and grading permits from the Town of Avon for both the water tank improvements and the vertical construction within the next phase of commercial development. These logistical impediments and associated timing difficulties have created the "chicken and egg" issue that has complicated our discussions regarding the subdivision improvement agreement for the Filing 4 Final Plat. Based on our April 4 telephone discussion regarding a process to obtain the necessary construction and grading permits prior to approval and recordation of the Filing 4 Final Plat, this letter outlines the process as the developer and TCMD envision it, identifies issues with respect to which we are requesting direction and concurrence from the Town, and seeks the Town's written confirmation of the process in order that TCMD may be in a position to rely on this process in marketing its next series of bonds to finance construction of the water tank and related public improvements. Once we have reached and documented a mutual understanding regarding this approach and the developer has obtained sufficient commitments for users within the next phase of retail development, TCMD will be in a position to promptly proceed with the Tank Site Financing. Once TCMD has funds available, it will be in a position to commence construction of the Work (defined below), complete processing of the Filing 4 Final Plat, and provide any assurance of completion that may be required at the appropriate time. TCMD would be able to proceed with construction of the Work without the Filing 4 Final Plat having been approved and without having to provide assurance of completion, and potentially to complete all or a part of the Work prior to Filing 4 Final Plat approval or vertical construction within The Village (at Avon). However, assurance of completion for any uncompleted portions of the Work would be required in connection with the earlier of: (a) Filing 4 Final Plat/subdivision improvements agreement; or (b) granting of a building permit for vertical construction within affected areas of The Village (at Avon). The scope of work anticipated to be financed and constructed pursuant to the Tank Site Financing is set forth in Appendix A (the "Work"). The Work will be performed in accordance with construction plans and Justin Hildreth June 18, 2008 Page 3 specifications submitted to and approved by you, in your capacity as Town Engineer, prior to commencement of construction (as revised from time to time and approved by the Town upon request of the developer and/or TCMD, as applicable, the "Approved Plans"). The Work will be completed in phases as described in Appendix B. Phase I consists of two subphases, designated as the Traer Creek Run Subphase and the Wetlands Mitigation Subphase. Phase 11 also consists of two subphases, designated as the Regional Tank Access Road Subphase and the Water Storage Tank Site Improvements/Holy Cross Access Road Subphase. The Approved Plans will be substantially consistent with The Village (at Avon) August 2006 Final Plans set forth in Appendix C ("Plan Set"), consisting of: (i) Cover Sheet; (ii) Grading and Drainage Plans, sheets 2 though 21, prepared by Alpine Engineering, Job No. 8206; (iii) Landscape Plans and Visual Analysis, sheets LI.01 and L1.02, prepared by VAg, Inc., Project No. 2534; (iv) Culvert Headwall Plans, sheets HW-1 through HW-4, prepared by Golder Associates, Project No. 053-2363; (v) Retaining Wall Plans, sheets RW-1 through RW-9, prepared by Golder Associates, Project No. 053-2363A2; and (vi) Tanks Plans (including Tank Details, Tank Piping, and Telemetry, Instrumentation and Control Layout, sheets S-1 through S22, Dl through D13, PI through P8 and Il, prepared by Bates Engineering, Project No. 04.026. As discussed below, the Plan Set is in the process of being revised in response to your prior comments, and we will forward the next iteration of the Plan Set for your further review when the revisions have been completed. Based on the foregoing, our understanding of the process going forward would be as follows: • Required Third Party Approvals. Pursuant to item 6 of your February 15, 2008, letter, updated approval letters will be required from the following organizations: • U.S. Army Corps of Engineers, with respect to the Wetlands Mitigation Subphase of Phase 1. • Eagle River Water and Sanitation District, with respect to (a) the "Water" category within the Traer Creek Run Subphase of Phase 1; and (b) Phase II. • The Village (at Avon) Master Design Review Association, with respect to any component of the Work for which a building permit is required to be issued by the Town. • Plan Set/Approved Plans. Certain of the following issues identified in your February 15, 2008, letter are pertinent to your approval of the Plan Set/Approved Plans, while others are pertinent to the Filing 4 Final Plat or other anticipated development. We anticipate that you will complete your review and finalize your approval of the Plan Set/Approved Plans generally along the following lines: • Items 6 through 17 of your February 15, 2008, letter to Kent Kriehn set forth certain relatively minor issues that will need to be resolved before you, in your capacity as Town Engineer, would be in a position to recommend approval of the Filing 4 Final Plat. In order to enable you to approve the Plan Set as contemplated herein, our responses are as follows: Justin Hildreth June 18, 2008 Page 4 • Item 6 - Updated approval letters from: • Army Corps of Engineers: The previously issued Section 404 permit has expired. Reaching an understanding with you regarding the process discussed in this letter and, based on that understanding, obtaining a better sense of when TCMD will be in a position to actually proceed with the Work from a procedural standpoint, will put us in a position to proceed with obtaining a new permit and approval letter for the Wetlands Mitigation Subphase. While we are prepared to undertake steps to resolve those items with the Corps, we hope to coordinate those efforts so that the Wetlands Mitigation Subphase can be accomplished within the term of the newly issued permit. Therefore, it is necessary to reach resolution with you regarding the process for obtaining the necessary Town approvals so that we can coordinate these processes effectively. • Eagle River Water and Sanitation District: The Plan Set is being revised in response to your comments and comments from the service provider. Therefore, we anticipate having this approval letter once the current revisions have been reviewed and approved. • The Village (at Avon) Master Design Review Association: Written approval will be obtained once the Plan Set is finalized and you have indicated that you are in a position to approve. It is my understanding that this approval letter is needed for issuance of building permits per the terms of the annexation agreement, but not for approval of the Plan Set. In any event, we do not anticipate any delays or issues on this approval letter. • Item 7 - Reflect 2008 date on Filing 4 Final Plat: Based on the approach contemplated in this letter, the date on the Filing 4 Final Plat will be updated in the future to reflect the current date at the time of final action by Town Council on the Filing 4 Final Plat. The revised Plan Set will be dated current. • Item 8 - Relocating 100' electric easement to correspond to actual power line location: We see this as a Filing 4 Final Plat issue, and not an issue pertinent to final approval of the Plan Set/Approved Plans. Therefore, we will work with Holy Cross to resolve this by a private easement prior to completing the Filing 4 Final Plat process so that the revised easement can be properly reflected in the Filing 4 Final Plat. We anticipate that this will be by separate easement document rather than a plat dedication, but that the plat will reflect the revised easement area. In the mean time, however, we do not view this issue as impacting your ability to approve the Plan Set/Approved Plans. • Item 9 - Inclusion of sanitary sewer in utility plans: The Plan Set contemplates that the Traer Creek Run Subphase will be an interim, unpaved road. Prior to platting of residential lots that will be accessed by this road, it will simply provide access to the water tank site for construction and subsequent maintenance and operations purposes. It will be constructed in the final alignment and in compliance with applicable requirements to facilitate final paving, but will not include utilities that are not necessary for operation of the water tank. Prior to paving, the water district will have an access easement. Sanitary sewer and any other utilities necessary to serve the residential lots will be installed at a later date when this segment of the road is paved to provide public access to the residential lots. In Justin Hildreth June 18, 2008 Page 5 sum, the final road improvements would be accomplished in connection with the initial final plat for residential development serviced by this road, and not in connection with the Plan Set/Approved Plans or the Filing 4 plat. • Item 10 - Update grading plan for maximum 2:1 slope/retaining walls: This will be addressed in the revised Plan Set. • Item 11 - Clarification of Note 6, Sheet 2, Bates Engineering drawings: This will be addressed in the revised Plan Set. • . Item 12 - Chain link fence per Sheet D13 of Bates Engineering drawings: This will be addressed in the revised Plan Set. • Item 13 - Provide Sheets LI.01 and L1.02 for review: This will be addressed in the revised Plan Set. • Item 14 - Extend drainage pipes shown on Sheet 6 of Alpine Engineering drawings to drainage channel: This will be addressed in the revised Plan Set. • Item 15 - Labeling of pipe shown on Sheet 7 of Alpine Engineering drawings: This will be addressed in the revised Plan Set. • Plan Set. Item 16 - Reflect RCP pipe for ROW crossings: This will be addressed in the revised • Item 17 - Incorporate 2' wide shoulders in Sheet 16 of Alpine Engineering drawings: We anticipate that this will be addressed by modification of the typical sub -grade road section, per the Town's request, to incorporate the 2' wide shoulder. As reflected in the above discussion regarding item 9, this will be accomplished through the final plat approval process for the residential lots to be serviced by the final construction of the road and conversion from temporary private access to the water tank site to public access to the residential lots. • Once the foregoing matters have been resolved to your satisfaction, you will provide written documentation of your approval of the Plan Set. Once that approval is granted, the Plan Set would become the Approved Plans. • Subject to obtaining all required permits and third party approvals, as outlined herein, TCMD would be authorized to proceed with financing and construction of the Work, in phases as described herein, in accordance with the Approved Plans. Except upon request of TCMD and/or the developer, as approved by the Town, the Approved Plans would not be subject to further modification. Justin Hildreth June 18, 2008 Page 6 • Required Permits (Town of Avon). Upon satisfaction of the foregoing, and upon receipt of a complete application from and payment of applicable fees by the developer and/or TCMD, the Town would issue the following permits: • Grading Permits for each Phase or Subphase, as applicable, which would authorize all excavation, site grading, cut, fill, compaction and erosion control measures associated with the relevant Phase or Subphase, inclusive of any road construction, utility installation and retaining wall construction. • Building Permit for construction of the Water Storage Tank component of Phase II. • A permit authorizing work to be performed in the public right of way may be required in connection with tying the Traer Creek Run Subphase to existing improvements extending north from the interchange and roundabout. • No further or additional permits would be required from the Town of Avon. However, we may have to obtain permits from other entities, such as a state storm water permit. • Tank Site Financing. • Once you have issued your written approval of the Plan Set and the developer has obtained sufficient commitments from additional retail users to enable TCMD to underwrite a new series of bonds, TCMD will proceed with the Tank Site Financing in reliance on the Approved Plans and Town assurance of ability to obtain permits form the Town as described above. • In connection with the Tank Site Financing, the Town will provide written confirmation of TCMD's ability to obtain the permits (if not previously obtained) and commence the Work as outlined above, which written confirmation may include an opinion letter from the Town's legal counsel with respect to the foregoing and other matters required by bond counsel. • Proceeds from the Tank Site Financing will be deposited in a TCMD account, in accordance with the bond indenture, for the specific purpose of financing construction of the Work. • The foregoing account will be available to provide assurance of completion of the Work in satisfaction of the subdivision improvements agreement requirements in conjunction with Town approval of the Filing 4 Final Plat or issuance of building permits for vertical development within The Village (at Avon) as described below. • Vertical Construction Within The Village (at Avon). • Prior to TCMD obtaining the Tank Site Financing, further vertical development within residential and commercial areas of The Village (at Avon) may occur only with written verification from Eagle River Water and Sanitation District of its ability to serve such vertical development without completion of, or Justin Hildreth June 18, 2008 Page 7 upon commencement of construction of, the water tank; provided, however, that the foregoing shall not apply to construction of the emergency services facility within Planning Area N. • Prior to approval of the Filing 4 Final Plat, execution of the associated subdivision improvements agreement and provision of assurance of completion for the Work, issuance of building permits for vertical construction within The Village (at Avon) (other than the emergency services facility within Planning Area N) will be conditioned on the applicant or TCMD providing assurance of completion of the water tank. Final certificates of occupancy will not be granted until substantial completion of the water tank and preliminary acceptance of the water tank by Eagle River Water and Sanitation District. • After approval of the Filing 4 Final Plat, execution of the associated subdivision improvements agreement and provision of assurance of completion for uncompleted portions of the Work, issuance of building permits for vertical construction within The Village (at Avon) will be granted upon the Town's receipt of a complete submittal, payment of applicable fees, and compliance with applicable building codes. Final certificates of occupancy will be granted in accordance with the Town's generally applicable regulations. • Approval and Recordation of Filing 4 Final Plat. • Concurrently with obtaining the Tank Site Financing, or at any time thereafter prior to expiration of the Preliminary Plan approval (as extended), the developer and TCMD will complete processing of, and the Town Board will take final action on, the Filing 4 Final Plat and related subdivision improvements agreement. • Assurance of completion of the Work will be provided as required in the subdivision improvements agreement, and may be satisfied by the funds being maintained by TCMD in a dedicated account with respect to which the Town will have access in the event of a default by TCMD of its obligations under the subdivision improvements agreement. • Miscellaneous. • We anticipate that the procedures for inspection and acceptance of the Work will occur by subphase. To the extent that TCMD has provided collateral to assure completion or warranty collateral, such collateral will be released upon preliminary or final inspection and acceptance, as applicable. • Any portions of the Work to be dedicated to the Town or TCMD will be subject to generally applicable Town standards for inspection, acceptance, warranty periods, warranty collateral and similar matters. • TCMD will retain ownership and maintenance responsibility for the portions of the Work within the Traer Creek Run Subphase and the Wetlands Mitigation Subphase (and potentially including some or all retaining walls within Phase II). Justin Hildreth June 18, 2008 Page 8 • Portions of the Work to be dedicated to utility providers (and not to the Town) will be subject to the generally applicable standards of the applicable utility provider with respect to inspection, acceptance, warranty period, warranty collateral and similar matters. While it is my hope that this letter provides a good outline of the potential process, I also recognize that various of the points discussed above will require further discussion and mutual effort to reach a final resolution. Please review and provide your feedback on the foregoing. I should also point out that working through those points should not require delaying action on the requested 2 year extension and, in point of fact, is part of the rationale providing "good cause" for the 2 year request. The 2 year extension will enable sufficient time to work through the necessary details to implement the approach we are proposing, and to thereafter enable TCMD to obtain the funds that will enable construction to commence and processing of the final plat application to occur as generally described above. Again, thank you for your efforts to work through these issues and achieve a workable solution that addresses the practical realities while also addressing the legitimate and reasonable objectives and needs of the Town, TCMD and the developer. Best regards, Munsey L. Ay-rs for OTTEN, JOHNSON, ROBINSON, NEFF & RAGONETTI, P.C. MLA/abm cc (by email): John Dunn, Esq. (jdunn@jwdunnlaw.com) Magnus Lindholm (magnuslindholm@traercreek.com) Dan Leary (danleary@traercreek.com) Darlene Sisneros, Esq. (dsisneros@mcgeadysisneros.com) Kent Kriehn (kriehn@alpinecivil.com) APPENDIX A DESCRIPTION OF IMPROVEMENTS Phase I I. Mobilization II. Roads Includes Excavation, Embankment, Fine Grading, Sub -Base Materials & Preparation, Road Base and other Incidental Construction per Approved Plans & Documents. A. Traer Creek Run from Swift Gulch Road roundabout to Regional Tank Access Road III. Utilities A. Water IV. Erosion Control A. Stabilized Construction Entrance B. Stone Outlet Sediment Traps C. Erosion Control Matting D. Silt Fence, Wattles & Other Temporary Erosion Control Facilities E. Riprap V Storm Drainage A. Storm Drain Pipes B. Inlets and Headwalls & Rip -Rap C. End Sections VI. Wetland Mitigation Ponds A. Pond Grading B. Liner C. Grouted Riprap Channel D. Concrete Sill Phase II I. Mobilization II. Water Storage Tank III. Roads — Includes Excavation, Embankment, Retaining Walls, Fine Grading, Sub -Base Materials & Preparation, Road Base, Guardrail and other Incidental Construction per Approved Plans & Documents. Appendix A-1 A. Regional Tank Access Road to Holy Cross Energy Access Road and Holy Cross Energy Access Road IV. Utilities A. Water V. Retaining Walls VI. Erosion Control A. Silt Sack B. Erosion Blankets C. Riprap D. Silt Fence, Wattles & Other Temporary Erosion Control Facilities VII. Storm Drainage A. Storm Drain Pipes B. Inlets and Headwalls & Rip -Rap C. Manholes and End Sections VIII. Shallow Utilities A. Electric Appendix A-2 APPENDIX B DETAIL OF PHASING THE VILLAGE ( AT AVON) PHASE I TRAER CREEK RUN AND WETLANDS MITIGATION (a) Traer Creek Run Subphase Description Dedicated To/ Owned & Maintained By General 1 Mobilization 2 Construction Surveying Roads TCMD 1 Clearing 2 Obstruction Removal 3 Topsoil Remove and Stockpile 4 Topsoil Replace (4") 5 Excavation 6 Embankment 7 Class 6 ABC (4" Depth) 8 Barricade (type 3M -A) 9 Relocate Chain link fence (M-607-2) Single Gate Water ERWSD 1 16"DIP 2 16" Gate Valve 3 12"DIP 4 12" Gate Valve 5 16"x16"x12" Tee 6 Fire Hydrant Assembly (9') 7 Remove Air Release Vault Erosion Control TCMD 1 Stabilized Construction Entrance 2 Silt Fence 3 RipRap d50 = 24" 4 Stone Outlet Sediment Trap 5 Wattle 6 Ditch Revegetation with matting (4' wide) landlock 7 Revegetation Drainage TCMD 1 84" CMP 2 84" Headwall Appendix B-1 THE VILLAGE ( AT AVON) PHASE I TRAER CREEK RUN AND WETLANDS MITIGATION (b) Wetlands Mitigation Subphase Description Dedicated To/ Owned & Maintained By Wetland Mitigation Ponds TCMD 1 Clearing 2 Obstruction Removal 3 Topsoil Remove & Stockpile 4 Topsoil Replace (18" on liner) 5 Topsoil Replace (4" on disturbed areas) 6 Excavation 7 Embankment 8 Bentomat Liner 9 Grouted RipRap Channel 10 Concrete Sill 11 Revegetation Drainage TCMD 1 D Inlet 2 36" RCP 3 36" RCP End Sections 4 RipRap d50 = 12" THE VILLAGE ( AT AVON) PHASE II TANK ACCESS ROAD AND WATER TANK (a) Regional Tank Access Road Subphase Description Dedicated To/ Owned & Maintained By_ General 1 Mobilization 2 Construction Surveying Roads 1 Clearing TCMD 2 Obstruction Removal 3 Topsoil Remove and Stockpile 4 Topsoil Replace (4") 5 Excavation 6 Embankment 7 Guardrail - Holy Cross Energy Access Rd. 8 Guardrail End Anchors 9 .Class 6 ABC (4" Depth) Appendix B-2 THE VILLAGE ( AT AVON) PHASE II TANK ACCESS ROAD AND WATER TANK Erosion Control TCMD 1 Silt Fence 2 RipRap d50 = 9" 3 RipRap d50 = 24" 4 Wattle 5 Silt Sack (inlet protection) 6 Erosion Blankets Landlock C2 7 Revegetation Drainage TCMD 1 C Inlet 2 24"CMP 3 42" RCP 4 84" CMP 5 84" Headwall 6 24" CMP End Sections 7 42" Headwall 8 42" End Section (b) Water Storage Tank Site Improvements & Holy Cross Access Road Subphase Description Dedicated To/ Owned & Maintained By Water Storage Tank ERWSD 1 Mobilization and Ongoing Project Costs 2 Water Storage Tank Construction 3 Revegetation Water ERWSD 1 16"DIP 2 16" Gate Valve Retaining Walls TCMD 1 Permanent Soil Nails. No. 8 Bar (Grade 75) 2 Verification Test Nails 3 Permanent Shotcrete Facing 4 Micropile Excavation Stabilization 5 Wire -faced Mech. Stabilized Earth System Erosion Control TCMD 1 Silt Fence 2 RipRap d50 = 9" 3 Wattle 4 Debris Flow mitigation Swale 5 Revegetation Appendix B-3 THE VILLAGE ( AT AVON) PHASE II TANK ACCESS ROAD AND WATER TANK Drainage TCMD 1 18" CMP 2 24" RCP 3 24" CMP 4 24" Headwall 5 24" CMP End Sections 6 24" RCP End Sections 7 4' Diameter Drain Manhole Shallow Utilities ERWSD 1 Trenching 2 Electric Conduit 4" (install Only) 3 Secondary Electric 2" Conduit 4 Handhole 5 UMI-3 Transformer Vault (install only) Appendix B-4 APPENDIX C PLAN SET (To be provided separately by Kent Kriehn of Alpine Engineering) Appendix C-1 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer Jeffrey Schneider, P.E., Project Engi ee� r Date: June 19, 2008 Re: Town of Avon Comprehensive Transportation Plan — Consulting Services Contract Award to Fellsburg, Holt, and Ullevig Summary: The Comprehensive Transportation Plan is an important tool to assess and project the current and future status of the vehicular, bicycle, transit, and pedestrian infrastructure and experience for the Town of Avon. The most recent Transportation Master Plan was completed in 1990 and updated in 1996, prior to the construction of the Avon Road roundabouts and the annexation of the Village at Avon. Also, over the last few years, the Town has adopted a new Comprehensive Plan, the Town Center West Investment Plan, and the East Town Center District Plan; as a result, the previous Transportation Master Plan does not reflect the current status, growth, and future vision of the Town. Town Staff distributed Requests for Proposals (RFP) to numerous transportation consulting firms statewide. The Request for Proposals is attached as Attachment A to this memorandum. Four qualified firms submitted proposals in conformance with the RFP. Ultimately, Town Staff selected Fellsburg, Holt, and Ullevig (FHU) based on the proposal rating and subsequent interview. The original proposal from FHU is included as Attachment B. The Agreement for Professional Services, which includes the revised negotiated scope of work, cost information, and service contract is included as Attachment C. Discussion: The previous Transportation Plans do not reflect the current philosophy of Avon and were primarily automobile -focused, resulting in poor pedestrian connectivity and inadequate accommodation of alternate transportation modes. The Comprehensive Transportation Plan will provide a transportation planning document aligning with the transit and pedestrian -oriented ideals contemplated in the Comprehensive Plan and Town Center West Investment Plan. Four proposals were received from qualified firms in response to the RFP on May 16, 2008 and distributed to representatives of the Engineering, Community Development, and Public Works and Transportation Departments including Justin Hildreth, Jeffrey Schneider, Shane Pegram, Eric Heidemann, and Jennifer Strehler. Two proposals unanimously distinguished themselves in the eyes of the review committee: FHU and Stantec, Inc. The two firms were invited for interviews on May 28, 2008. After the interviews, Staff felt that FHU instilled the highest level of confidence based in part on the experience in multi -modal transportation planning in mountain resort communities. The scope of work of the Comprehensive Transportation Plan includes the following items: • Data Compilation and Collection: turning movements at all key intersections, supplemental traffic counts, existing roadway physical characteristics, traffic reports and land use data, and existing transit, pedestrian, and bicycle facility inventories • Analysis of Existing Conditions: modeling for Levels of Service (LOS) for Traffic and Transit facilities, analysis of existing parking inventories and land use data, and analysis of the existing trail/sidewalk network • Analysis of Future Conditions: development of long-term traffic and LOS projections and evaluation of potential improvements based on results, analysis of future transit ridership, service levels, and related land use resulting in future route and capital recommendations, analysis of future parking demands, analysis of future pedestrian facilities and trail enhancements or additions • Traffic Calming: analysis of locations where calming measures could be implemented to mitigate pedestrian safety issues • Preliminary Transportation Plan: first draft of the Comprehensive Transportation Plan • Potential New Town Standards: aid in the development of new roadway cross sections and traffic impact study guidelines for eventual codification • Final Comprehensive Transportation Plan: includes all of the above -listed items including Planning and Zoning, Town Council, and public input FHU was selected by Staff based solely on qualifications. The proposed budgets of the four proposals were all very similar and did not play a role in the selection process. Therefore, Staff recommends award of consulting services for the Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig. Financial Implications: The total budget for the Comprehensive Transportation Plan as adopted in the 2008 Capital Improvements Program is $200,000. The proposal received from FHU fits within the adopted budget. Table 1 below shows the project budget for the Comprehensive Transportation Plan: Table 1: 2008 Comprehensive Transportation Plan Budget Line Item FHU Comprehensive Transportation Plan Contingencies Aggregate 2008 Budget Proposed Budget $ 190,858 $ 9,142 $ 200,000 Recommendation: Approve the Consulting Services Contract for the Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig for a fee not to exceed $ 190,858. Proposed Motion: Move to Approve the Consulting Services Contract for the Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig for a fee not to exceed $ 190,858. Town Manager Comments: Attachments: Attachment A — Request for Proposals Attachment B — FHU Proposal Attachment C — Agreement for Professional Services • Page 2 Attachment A REQUEST FOR PROPOSALS PROJECT: Town of Avon - Transportation Master Plan CLIENT: Town of Avon c/o Justin Hildreth, Town Engineer P.O. Box 975 400 Benchmark Road Avon, CO 81620 DATE: April 24, 2008 PART ONE: INFORMATION FOR PROPOSERS 1.01 SUBMISSION OF PROPOSAL Proposals will be received at the Town of Avon Municipal Building Attn: Justin Hildreth, Town Engineer PO Box 975 400 Benchmark Road Avon, CO 81620 By 5:00 PM, Local Time, May 16, 2008 Proposals must be sealed and labeled "Proposals - Town of Avon Transportation Master Plan ". Five paper copies plus a digital copy of the proposal are required. Any proposal not received at the Town of Avon Municipal Building prior to the time set in this request shall be disqualified. An optional Pre -proposal meeting is scheduled for 10:30 AM, May 8, 2008, at the Avon Library. 1.02 PROPOSAL FORMAT Proposals must be 3 -ring bound, 20 pages or less in length with 1 -inch margins and 11 -point or larger font. Resumes, cost proposal (see Section 1.09B), cover and back pages, and section dividers are excluded from this maximum page count. Proposals must be organized in order into the following sections: • Consultant Team • Project Understanding • Examples of Similar Projects • Resumes • Cost Proposal The Town reserves the right to disqualify any proposal which does not comply with these from requirements. 1.03 OPENING OF PROPOSALS AND SELECTION Proposals will be opened and evaluated by the Town after the final date set for receipt. The successful proposer will provide a new Town of Avon Transportation 1 Master Plan, which will include an analysis of vehicular, pedestrian, and transit elements in 2008 and build out of the Town. 1.04 REJECTION OF PROPOSALS The Town reserves the right to reject any and all proposals. It also reserves the right to waive any informalities in connection with the proposals. 1.05 CONTRACT TIMETABLE Within thirty (30) days after the final submission date for proposals, the Town will act upon them. The successful proposer will be requested to enter into negotiations to produce a contract for services. This Request for Proposal will be attached and incorporated into the contract. The Town reserves the right to terminate negotiations in the event it deems progress toward a contract and timely completion of work to be insufficient. Criteria for selection will include, but not necessarily be limited to the proposers approach or proposed method to complete the work, education and experience of all professional personnel assigned to the project, previous experience with similar projects, ability to perform work on schedule and within budget, and geographic proximity (or ability to serve this project from proposers office/service location). Cost for services will be considered separately after the proposals are evaluated on a qualification -only basis. Tentative Timetable RFP Issue Date Optional Pre -Proposal Meeting - Avon Public Library, Beaver Creek Room 200 Benchmark Road, Avon, CO RFP questions submittal deadline Proposals Due by 5:00 PM Recommendation for Award Notice to Proceed 2 April 24, 2008 May 8, 2008, 10:30 AM May 9, 2008 May 16, 2008 June 10, 2008 June 11, 2008 1.06 INCURRING COST STATEMENT The Town is not liable for costs incurred by proposers prior to the award of the contract, or at any time after the award of the contract for any costs related to the preparation or response requirements of the RFP. 1.07 PAYMENT Payment will be made as set out in Part Two, on the basis of invoices submitted to the Town. Payment shall be only for work satisfactorily completed. Correction of design errors shall not constitute extra work. 1.08 REQUIRED INFORMATION TO BE SUBMITTED Failure to submit any required data item may be cause for rejection. Proposal information shall include that listed herein. PROPOSAL INFORMATION SHALL INCLUDE: A. ORGANIZATION DESCRIPTION Provide a personnel summary of those individuals, including sub -consultants, which will be participating in the project. Identify the roles, task -lead responsibility, and the percentage of the project that each person will be responsible. Experience relevant to this project should be detailed with a portfolio of similar work completed to date. B. PROJECT UNDERSTANDING Provide a clear statement of the project, including the overall objectives and key challenges as your team understands them. Provide an outline of specific tasks to be performed indicating what will be done, in what sequence, and as led by whom. Identify key assumptions and required reference documents or resources which would be provided by others (i.e., not by your team). The project understanding section should include a schedule and cost proposal. List all major tasks and activities List all deliverables List any key assumptions List any optional services or deliverables and identify why/when these should be included Propose a project schedule* (see below) Describe project management approach Describe project staffing plan and lead office location Include a cost proposal for professional services** (see below) *Proposed Schedule - Provide a Gantt chart showing the proposed project schedule assuming the project commences on the NTP date listed herein. Indicate how long each task will require. Identify any meetings proposed with Town Staff. Show project management activities on the schedule as appropriate. 3 C. EXAMPLES OF SIMILAR PROJECTS Identify previous project work experience that is relevant to this project. Highlight the key features and benefits produced by the consultant in that project. Identify which of the team members proposed for this project also worked on the example project. Provide contact names, phone number and e-mail addresses for at least 4 representative example projects so that Town staff may contact the team's references. D. RESUMES Provide resumes of the project team members indicating their education and years of applicable experience. Identify relevant similar projects and the contributions of the individuals. This section should include resumes of licensed transportation and traffic engineers employed by the firm who are available to commit to this project. Do not include resumes of individuals that are not expected to have a role in the project. E. COST PROPOSAL Include costs at completion of the project, including professional fees, sub - consultants, reimbursables and all other costs incidental to the project. Provide a current rate schedule, organized by firm for all individuals proposed in this project. Note that for time and materials services, these rates shall remain in effect for the duration of this project. The Proposal should address the phases as outlined in Section 3.0 herein with the fee and scope of services for each phase clearly shown in accordance with Section 1.09 E. Optional services should be included separately in the Proposal and identified in the cost proposal. 1.09 REQUIRED QUALIFICATIONS Qualified proposers shall have the following experience since 1997: 1. Licensed transportation and traffic engineers on staff 2. Prepared at least ten Transportation Plans; plans completed in mountain resort communities are a plus. 3. Been involved in at least three transit strategic planning projects 4. Construction planning, cost estimating, and scheduling experience is a plus. 5. Be otherwise legally and professionally qualified and eligible to receive an award under applicable laws and regulations. 1.10 STANDARDS AND EVALUATION FACTORS FOR AWARD Proposals will be reviewed by Town Staff and ranked numerically as follows: Category Points Consultant Team & Resumes Project Understanding Examples of Similar Projects 40 4 25 35 Town Staff will review the proposal evaluation results and determine the numerical rankings of the proposers. Consideration for point award will include by not necessarily be limited to: • Perceived quality of the proposed project team • Clear expression of the team's understanding of the project • Successful experience with similar previous projects • References • Perceived ability to meet the projects cost, schedule, scope, and quality objectives • Previous experience of the team's component firms working together The Town intends to negotiate a contract with the proposer who receives the highest score. In the event that two or more firms score within 5 points of the top score, the Town Staff may elect to hold interviews of those top -scoring teams and to make a selection based on the team's performance at the interview. 1.11 CONTRACT DOCUMENTS Contract shall consist of the contract instrument as negotiated and this request for proposal. 1.12 LIMITATIONS ON CONTRACT TYPE The Town will not accept proposals for the purchase of service based upon a cost plus or percentage of cost formula. Lump sums and cost plus fixed fee not to exceed, are allowed. This rule will not be waived. PART TWO: GENERAL INFORMATION 2.01 SCOPE OF WORK The work to be performed under this proposal consists of the furnishing of all labor, equipment, materials, expertise, tools, supplies, bonds, insurance, licenses and permits, and performing all tasks necessary to accomplish work items concerning the design and development of the Transportation Master Plan, unless specifically excluded as agreed upon by contract negotiations. 2.02 DUTIES OF CONSULTANTS Consultants shall diligently undertake and perform all work required by the contract. Consultant agrees to devote the number of persons and level of effort necessary to perform and complete the work in a timely manner. All work done will be performed to the highest professional standards and will reflect the thoroughness, attention to detail, and application of knowledge expected of professional consultants in the field. 2.03 OBTAINING DATA It shall be the Consultant's sole responsibility to obtain all data necessary to complete the work in a timely manner. Town shall make any data in its possession that is relevant to Consultant's activity, available to Consultant upon request. Requests shall specify the type of information sought, and the period for which the 5 data is required; however, the Consultant may not require Town to seek reports from other agencies or to prepare original research. It shall be the Consultant's duty to discover and obtain data, research and reports prepared by public or private sources other than Town from the custodian. Town does not vouch for the accuracy of any data other than its own. Data furnished by Town shall be considered accurate only for the purpose for which it was originally gathered. Consultant shall be solely responsible for any conclusions drawn from the data. The. town shall provide the consultant with the following planning documents upon award of design contract: A. Town Center West Investment Plan B. Town Center East Center Plan (Draft) C. 2006 Comprehensive Plan D. 1990 Transportation Plan E. 1996 Transportation Plan Update F. Village (at Avon) PUD G. East Beaver Creek Blvd. Phase 1 Improvements H. US 6 Corridor Feasibility Study I. CDOT Traffic Growth Projections 2.04 CHANGES Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event Consultant encounters circumstances which it believes warrants a change in the price, quality, quantity or method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for changed work. It shall be Consultant's sole responsibility to notify the project manager in advance, in writing, of any work that it considers to be changed or extra. Failure to do so, and to provide and to receive approval before processing, shall waive any claim for additional payment. 2.05 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, Consultant shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, Consultant shall obtain any permission required prior to entering upon private property to perform any task required. In the event Consultant is denied access to private property, Consultant shall immediately notify the project manager and give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site that may be used for the same purpose. Town shall thereupon endeavor to assist Consultant in gaining any required access. 2.06 CARE OF PUBLIC AND PRIVATE PROPERTY Consultant shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. Consultant shall be liable for any damage done through its fault or that of its subcontractors and shall restore any damaged property to the same or better condition as it was prior to Consultant's interference. 2.07 PAYMENTS Consultant shall invoice Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and subcontractor charges to date of invoice. Approved invoices are paid within thirty days of presentation. 2.08 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate the contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to Consultant at its address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of termination, Consultant shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, Consultant shall be entitled to receive an amount equal to the cost of work performed to date, including the cost of terminated subcontracts provided that in no case shall the amount allowed exceed the maximum contract price plus authorized change orders. 7 2.09 TERMINATION FOR DEFAULT Upon failure of the Consultant to make satisfactory progress or failure to abide by the terms of the contract, or to obtain, furnish or keep in force any required permit, license, bond, or insurance, the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Consultant at its address upon the records of the agency. Notice shall be effective when mailed. Upon receipt of notice, Consultant shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another consultant to do so and charge the excess cost thereof to Consultant. 2.10 DISPUTES In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall consider the request and respond in writing within ten (10) days giving findings and the reasons for them. Any person dissatisfied with the findings of the Town Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The Town Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by fraud. 2.11 ASSIGNMENT OF CONTRACT Consultant shall not assign the contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.12 SUBCONTRACTORS Specialty subcontractors or subconsultants may be used to perform such work as is customary in Consultant's profession; however, reports required shall be presented by the Consultant who shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for fieldwork shall contain clauses similar in form and substances to the equal opportunity, termination for convenience, insurance and labor clauses found in this proposal. 2:13 CONSULTANT'S REPRESENTATIVE Consultant shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Consultant upon all matters pertaining to this agreement. Consultant's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. 2.14 INSURANCE A. The Consultant shall procure and maintain the minimum insurance coverages listed in this section. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. The Consultant shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain 8 insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. B. Insurance shall be in the amounts required by the State of Colorado and the Town of Avon. In the event of a conflict, the higher level of coverage from these two authorities apply. The insurance coverages as required by the Town of Avon are as follows: 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for each employee of the Consultant engaged in the performance of work under the Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. 2. Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. 3. Commercial 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 the Consultant's owned, hired or non -owned vehicles or equipment assigned to or used in performance of the services. Each such vehicle shall be covered both on and off the work site. The policy shall contain a severability of interests provision. 4. Professional Liability Insurance for professional disciplines licensed in the State of Colorado. The Consultant shall, at its own expense, secure and maintain a policy of Professional Liability Insurance providing coverage of at least ONE MILLION DOLLARS ($1,000,000.00) per claim, irrespective of the number of claims, for professional liability and/or errors and omissions in connection with the work to be performed by the Consultant under this Agreement. Any deductible on such policy shall not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) unless otherwise approved by the Town, and any such deductible or limit of insurance coverage available shall not relieve the Consultant of any liability to the Town for errors and omissions in connection with the work to be performed by the Consultant under this Agreement. The Consultant shall furnish evidence of such insurance to the Town in such form and at such times as the Town shall reasonably require. Evidence of the required policy shall be furnished within ten (10) days from the date this Agreement becomes effective. Failure of the Consultant to provide and maintain any required insurance under this Agreement shall be considered a material breach of this Agreement. The Consultant shall require that any subconsultants it hires to perform services under this Agreement also maintain adequate Professional Liability Insurance policy, if applicable to the services they are providing to the Consultant. 9 C. A certificate of insurance shall be completed by the Consultant's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. In addition, the Town shall have the right to request and obtain copies of any insurance policies required hereunder. The certificate shall identify the Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The completed certificate of insurance shall be sent to: the Town of Avon, Attn: Patty McKenny, Town Clerk, 400 Benchmark Rd, Avon CO 81620. D. Failure on the part of the Consultant to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the Agreement, or at its discretion the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by the Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to the Consultant from the Town. E. The Town reserves the right to modify the insurance coverage requirements above in the final agreement to allow for lesser coverage if, in its sole judgment, the Town determines that adequate insurance is provided with a substitute arrangement. 2.15 EEO PROVISIONS The Consultant shall comply with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The Consultant shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.16 TIME OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this proposal shall be completed in its entirety on or before the date specified, provided however, that the owner may in its discretion extend the time for the completion of the work without invalidating any of the provisions herein contained and without releasing any surety. Extension of time as provided above will be considered by the Town only upon receipt of written request from the Consultant, accompanied by written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions that have operated to prevent completion of the work within the specified time. 2.17 DUTIES AND OBLIGATIONS OF CONSULTANT The consultant shall: A. Make payment promptly, as due, to all persons supplying to such Consultant, labor or material for the prosecution of the work provided for in the contract. 10 B. Not permit any lien or claim to be filed or prosecuted against the Town on account of any labor or materials furnished. C. Pay to the Department of Revenue all sums withheld from employees pursuant to local/state statutes. 2.18 PAYMENT OF CLAIMS BY THE TOWN If the Consultant fails, neglects, or refuses to make prompt payment of any claim of labor or services furnished to the Consultant or subcontractor by any person in connection with the contract as such claim became due, the Town may pay such claim to the person furnishing the labor or services, and charge the amount of the payment against funds due, or to become due the Consultant, by reason of the contract. 2.19 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE In the event of termination of a contract for convenience of the Town, provisions shall be made for the payment of compensation to the contractor. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the Consultant: A. Shall be determined on the basis of. the contract price in the case of any full - completed separate item or portion of the work for which there is a separate or unit contract price; and B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. 2.20 INSPECTION OF PAYROLL RECORDS The Consultant agrees that: A. The Town, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. All required records must be appropriately maintained by the consultant/vendor for three years after final payment, and all other pending matters are closed. 2.21 AMOUNT OF RETAINAGE The Town shall retain an amount equal to ten percent (10%) of the contract price until final completion and acceptance of all work to be performed under the contract. 2.22 COSTS AND FEES In the event that any suit or action is commenced or arises from this proposal, each party shall bear its own costs and fees including attorney fees regardless of the outcome. This provision shall apply to the original action and any appeals. 11 2.23 STANDARDS OF CONDUCT No member, officer, or employees of th'e Town, or its designees or agents, nor member of the governing body of agency, and no other public official of agency who exercises any functions or responsibilities with respect to this contract during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated in all subcontracts, a provision prohibiting such interest. 2.24 ' PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or contract with a sub -contractor who knowingly employs or contracts with an illegal alien to perform work under this Agreement. Execution of this Agreement by Contractor shall constitute a certification by Contractor that it does not knowingly employ or contract with an illegal alien and that the Contractor has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by the United States Department of Homeland Security, ("Basic Pilot Program") in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States. 2. Contractor shall comply with the following: (a) Contractor shall confirm or attempt to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program. Contractor shall apply to participate in the Basic Pilot Program every three months until all Contractor requirements under this Agreement are completed or until Contractor is accepted into the Basic Pilot Program, whichever occurs earlier. (b) Contractor shall not utilize the Basic Pilot Program procedures to independently undertake pre -employment screening of job applicants. (c) Contractor shall require each subcontractor to certify that subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien the Contractor shall be required to: i. Notify the subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii.. Terminate the subcontract with the subcontractor if within three (3) days of receiving notice from the Contractor, the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 12 (d) Contractor shall comply with any reasonable request by the Department of Labor and Employment ("Department") made in the course of an investigation by the Department. 3. If Contractor violates any provision hereof, the Town may terminate this Agreement immediately and Contractor shall be liable to the Town for actual and consequential damages of the Town resulting from such termination and the Town shall report such violation by Contractor to the Colorado Secretary of State as required by law. 2.27 ERRORS AND OMISSIONS, CORRECTION The Consultant warrants that they employ, either direct or through subcontract, design professionals who are professionally licensed in the State of Colorado for the specific engineering and architectural disciplines for which they will provide services in this project. As such, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Consultant under this Agreement. The Consultant shall, within additional compensation, correct or revise any of the Consultant's errors or deficiencies in the designs, drawings, specifications, reports, and/or other services immediately upon notification by the Town. The Consultant will not be responsible for correcting errors or deficiencies caused by Town staff in conjunction with the Consultant's services. 2.28 TOWN'S APPROVAL The Town's approval of the designs, drawings, specifications, reports or other products of this Agreement in no way relieves the Consultant from the responsibility for technical adequacy and detailed accuracy. The Town's review, approval, acceptance of, or payment for these items shall not be construed to be a waiver of any rights by the Town under this Agreement. 2.29 OWNERSHIP OF DELIVERABLES Electronic copies of all deliverables prepared by the Consultant team will be provided to the Town in original file format and immediately become property of the Town; the Town reserves the right to use this information in any way it so desires in accordance with the exceptions stipulated below, without further compensation to the Consultant team or team firm components. Surveying, mapping, base plans, and construction drawings prepared by the Consultant team will be provided to the Town in Autocad 2007 Edition. Specifications, permitting, and planning documents shall be provided in MSWORD 2007 Edition. All deliverables shall also be provided as cohesive *.pdf files (e.g., by CD or from an eRoom or ftp site) for ease of file sharing and posting on the Town's web site. 13 Such documents are not intended or represented to be suitable for reuse by the Town or others on extensions of the Project or on any other project. Any such reuse without written verification or adaptation by CONSULTANT and CONSULTANT's Subconsultants, as appropriate, for the specific purpose intended will be at the Town of Avon's sole risk and without liability or legal exposure to CONSULTANT, or to CONSULTANT's Subcontractors, and Town shall indemnify and hold harmless CONSULTANT and CONSULTANT's Subconsultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Notwithstanding any other provision of this Agreement between Engineer and Owner or any provision of the scope of work, work assignments, work authorizations, or any amendment issued hereunder, all of Engineer's pre-existing or proprietary information, documents, materials, computer programs, or software developed by Engineer outside of this Agreement shall remain the exclusive property of Engineer. PART THREE: THE WORK STATEMENT 3.01 PROJECT BACKGROUND The Town of Avon has a population of approximately 6,750 people and a projected build -out population of 20,000 people. The most recent Transportation Plan was updated in 1996, prior to the construction of the Avon Road roundabouts and the annexation of the Village (at Avon) development, which is zoned for 2400 housing units and 1,000,000 square feet of commercial space. Only 450,000 square feet of commercial space has been constructed in the Village (at Avon) to date. The Town prepared and adopted a Comprehensive Plan which sets forth the vision for future land use, including a transit -oriented development pattern in the valley floor areas and priorities for trails and pedestrian access. As a result, the 1996 transportation plan does not reflect the current status, growth, and future vision of the Town. In addition, the Town is undergoing a major redevelopment of the Town Center, which includes realigning existing streets and the construction of a new Main Street. A comprehensive traffic study has not been done as part of the redevelopment plan. The new Transportation Plan must analyze the impact of the Town Center redevelopment on the immediate impacted areas and the entire Town. The 1990 Transportation Plan and the 1996 update do not reflect the current philosophy of the Town. The previous plans are vehicular focused and provided only minimal attention to other modes of transportation. This philosophy has resulted in poor pedestrian connectivity throughout the Town and inadequate accommodation of bicyclists. The current philosophy is to improve multi -modal transportation alternatives in a more creative light. The new transportation plan shall be consistent with the Comprehensive Plan and shall make pedestrian, bicycle, and transit traffic as important, and in some areas more important, than vehicular traffic. 3.02 PROJECT GOALS The primary goal of the project is to assist the Town in providing transportation facilities to the residents and guests of Avon in a sustainable way. For vehicular traffic, this includes the goal of providing a minimum level of service of C for through streets and D for intersections as defined in the 2000 Highway Capacity Manual. 14 These goals shall also complement the need for other modes of transportation including pedestrian, bicycle, bus and rail transit, and winter gondola service. The project scope shall include all roads within the town limits of Avon, including US 6 and the I-70 interchanges. Capacity of I-70 is not part of the scope but the impact of future through traffic growth on the local infrastructure shall be included as part of the project. Other regional and county -wide transportation visions and policies should be incorporated into the new Transportation Plan where possible. The new Transportation Plan should include a conceptual -level evaluation of potential improvements of the existing street system and changes to existing design standards that will improve pedestrian and bicyclist mobility. Transit is integral to the Town's long-term vision as expressed in the Town's Comprehensive Plan. The Town currently runs several bus routes on the valley floor serving both guests and employees; these routes vary by season and time of day. The current bus routes are currently centered around Avon Station, which was completed in 2007 and is located on Benchmark Road, east of the Seasons and north of the Gondola. Several other routes and areas for transit service are expected for the future (.e.g, Village at Avon, Nottingham Commercial area). The plan should analyze the existing transit system, recommend improvements to the existing system, project future ridership and recommend future improvements to the system. Currently, the Avon Municipal Code lacks standards for when Traffic Impact Studies are required and how to evaluate them. In addition, the road standards are dated and do not reflect the current community with an urban town core and residential mountain subdivisions. Therefore, the plan should recommend Traffic Impact Study and road Standards for new development, so that Town Staff can propose to have them codified if appropriate. 3.03 SURVEY INFORMATION Copies of all available surveying, mapping, and base plans will be provided for use in the preparation and completion of the project. 3.04 SCOPE OF SERVICES Responses to this Request for Proposals shall be based upon the following Scope of Services: A. Project Start-up and Data Collection: The project shall start with a project start-up meeting, data collection and an analysis of the Town's existing traffic conditions, distribution and circulation patterns. The Town currently collects traffic count data at 20 locations in July of each year. The Consultant shall evaluate the data gathered to date and determine if it is adequate for planning purposes or shall include in their scope of work the collection of additional data. The Consultant should pay particular attention to determining what information is needed to best predict the peak hour and seasonal traffic demands. It is likely that additional data will have to be collected to determine peak hour traffic distribution. B. Existing Traffic Conditions: The project shall include an analysis of existing traffic conditions, including traffic volumes, levels of service for all through 15 streets and intersections (including turning movements), mobility, and safety. Areas of significant stacking (including at commercial driveways) or traffic safety concerns shall be identified. All modes of transportation shall be included in this analysis. C. Trip Generation and Distribution: Existing land use data shall be used to estimate traffic generation for the Town. There are several sources of information to estimate traffic generation, including existing zoning, 2006 Avon Comprehensive Plan, Town Center West Investment Plan, Town Center East Master Plan and the Village (at Avon) PUD. While trip generation accounts for development specific traffic growth, the additional trip making for growth passing through the area must also be anticipated. The trip distribution shall also include estimates of trip ends per land use type, total annual trip ends, summer peak trip ends and winter peak trip ends. D. Projected Future Traffic Volumes: Apply the projected traffic generation and background traffic projections to the Town road system to determine future levels of service for all through streets and intersections (including turning movements). The projected future traffic shall also estimate future trip ends. E. Traffic Analysis: A traffic analysis shall recommend proposed changes and improvements to best accommodate the vehicular traffic within the existing constraints and long-term vision of the Town. The traffic analysis shall include a separate investigation of the Town Center West and East redevelopment plans and Village (at Avon) traffic impacts. The analysis shall examine the potential to reduce capacity on West Beaver Creek Blvd by adding diagonal on -street parking, pedestrian improvements, landscaping features, and traffic calming measures. The analysis shall determine if the three lane entrances are required at the West Beaver Creek and Avon Road roundabout. The analysis shall also examine the proposed East Beaver Creek Blvd improvements for level of service and pedestrian quality of service. F. Parking Considerations: The Plan should also examine the impact on capacity and circulation adding on -street parking to several streets on the valley floor. The Plan shall include an update of the future parking need based on the Town Center redevelopment plans. G. Pedestrian and bicycle facilities: An investigation and analysis of the existing pedestrian and bicycle facilities in the Town. The plan shall recommend potential improvements and design standards for these facilities. The Consultant shall evaluate two possible future major capital projects for projected use and estimated construction cost including: pedestrian bridge over Avon Road and pedestrian tunnel under I70 (to connect Metcalf Road to West Beaver Creek Blvd.). The Consultant shall evaluate three other key pedestrian corridors and recommend right-of-way dedication areas along these corridors on several undeveloped lots where development is eminent. H. Traffic Calming: The plan shall include locations for potential traffic calming installations. The identification of locations shall be based on pedestrian safety, particularly in areas with high pedestrian traffic or residential areas with significant speeding issues. The recommended traffic calming methods shall take winter maintenance activities into account. I. Proposed Transportation Improvements: The transportation plan shall identify a comprehensive list of transportation improvements, appropriately categorized and listed by priority of implementation. Itemized preliminary Engineer's Estimates for all proposed transportation improvements shall be provided. 16 1. Transportation Standards: The transportation plan shall include recommendations for new design standards for roads, pedestrian and bicycle facilities, and transit facilities. There should be two general groups of roads - mountain residential for north of the highway and urban for the valley floor. Each group shall have standards for local, collector and arterial classes of road. The standards shall include lane width, size of turn pockets and criteria for determining need for pockets, shoulder if applicable, sidewalk width and location, bicycle lanes, tree lawns, ditches, curb and gutter, ROW width, and additional snow storage or slope maintenance easements (if required). K. Transit Facilities: The plan shall compile, present, and evaluate data on the current conditions such as: 1. the routes and circulation 2. location of bus stops, shelters and Avon Station 3. ridership levels by route and stops** 4. connectivity with other transit facilities 5. rolling stock characteristics 6. charter bus activity, cost recovery and need** 7. paratransit demand, cost recovery, and community need** For future conditions the plan shall include the following: 1. average and peak ridership projections** 2. an evaluation of connectivity with regional bus system, potential light rail and I-70 transit alternatives 3. recommendations for route and circulation changes** 4. recommended levels of service (i.e., time interval between buses by route) 5. recommendations for rolling stock changes (e.g., bus capacity, seating arrangement, functionality, appearance) 6. design standards for bus stops and shelters ** 7. Means to identify the triggers which indicate when changes to service are needed. 8. A discussion of future transit technology such as security systems, next bus arriving displays, fare box systems, smart cards, etc. The plan shall also quantify future characteristics of transit operations, including: 1. An estimate of the cost to run the system and the general fund subsidy 2. An estimate of the cost to run the service on a cost per service hour and cost per passenger metric 3. A projection of the 10 -year cost to run and associated general fund subsidy based on demand projections and specified fuel cost 4. An analysis of potential funding options to help establish a dedicated revenue stream 5. Recommendations to continue modify or change the financial structure of the transit division **Much of this information is available from the Town of Avon Transit Division. The Consultant will synthesize the information, evaluate it, and make recommendations consistent with the strategic long-term plan for 17 transportation as defined by the Comprehensive Plan and within prudent transportation engineering judgment. 3.05 RESPONSE REQUESTED BY TOWN The consultant's role is viewed in distinct phases. Phase I - Information gathering. This is a function of, a) input sessions with the Town Staff and Engineering Design Consultant, and b) identification and designation of any special data required such as surveying, mapping of existing topography and facilities and any special base plan layout required for completion of streetscape design. Phase II - Preliminary Planning. Development of a preliminary (i.e., "stamped "DRAFT") Comprehensive Transportation Plan that accomplishes the Project Goals and incorporates long term vision transportation vision for the Town. The preliminary plan shall include an analysis of the Town's transportation system today and at build out, and identifies problem areas with potential solutions. The Consultant shall offer a list of capital improvement projects, brief description, map/figure, and a planning level cost estimate for each. Town staff will provide feedback to the Consultant on preliminary planning. The Consultant shall also facilitate a public meeting and make one work session presentation to the Planning & Zoning Commission and the Town Council to present preliminary results prior to initiating Phase III. Phase III - Final Comprehensive Transportation Plan. Development of a final plan that incorporates comments from Staff and Town Council. The final Comprehensive Transportation Plan should include a complete analysis of the Town transportation system today and at build out along with a list of potential improvements with preliminary budget estimates, new road design standards, traffic impact study standards and transit system improvements. The Consultant shall present the final plan to the Planning & Zoning Commission and Town Council. 3.06 DELIVERABLES All deliverables to the Client and to the Civil Engineering Consultant shall be available in the following formats: 10 Hard Copy Plans Electronic files of text deliverables in .doc and .pdf formats - Electronic files of database information in MSAccess format Electronic files of drawings and details in AutoCad as *.dwg files All electronic files shall be suitable for viewing and use by the Town in Microsoft Windows XP (not Vista) 3.07 SUPPLEMENTAL INFORMATION A. Town Center West Investment Plan B. Town Center East Center Plan (Draft) C. 2006 Comprehensive Plan D. 1990 Transportation Plan E. 1996 Transportation Plan Update 18 F. Village (at Avon) PUD G. East Beaver Creek Blvd. Phase 1 Improvements H. US 6 Corridor Feasibility Study I. CDOT Traffic Growth Projections 2. GIS Base mapping information is available by contacting Jennie Hursey, Town of Avon Community Development at (970) 748-4072 Transportatj PROPOSAL wn of Avon Raster ' �n Attachment B FELS BURG IHOLT & ULLEVIG engineering paths to transportation solutions May 16, 2008 Town of Avon Attn: Justin Hildreth, PE, Town Engineer P.O. Box 975 400 Benchmark Road Avon, CO 81620 RE: Proposal —Town of Avon Transportation Master Plan Dear Mr. Hildreth: The growth that has occurred within Eagle County has been significant, but the level of growth still to come is staggering. Avon is poised accommodate a fair amount of this growth, and its geographic location within the County places it in the "cross hairs" of the transportation impact associated with anticipated growth. Coupling this with the intention to emphasize alternative modes of travel, the Town of Avon desires to develop a transportation plan to ready itself for the future. Felsburg Holt & Ullevig (FHU) fully supports the Town's intent to incorporate all modes of travel into its Transportation Master Plan and we are excited at the prospect to help the Town reach its transportation planning goals. We appreciate your consideration to review this proposal and possibly engage us for this exciting and challenging project. We have prepared a Scope of Work to address the Town's needs and have assembled a team with planning expertise not only in mountain resorts but also in Eagle County. Our proposed Project Manager, Charles Buck, has been serving Eagle County on numerous assignments for years. Further, he served as the Project Manager for the Gypsum Master Traffic Study. The proposal is structured in the manner requested in your Request for Proposal. As you consider the material presented, there are several major considerations in our submittal that we discuss in detail: • For more than 20 years, FHU has excelled in performing transportation -related work in smaller communities with an emphasis on mountain resort communities. Our list of relevant project experience is lengthy and through this we possess a thorough understanding of the challenges often faced by smaller communities and guest -oriented resort areas. • Each team member has extensive resort planning and mountain community experience and will have the full support of FHU's deep pool of professional resources. We offer Avon the capabilities of one of largest transportation planning/traffic engineering teams based in the Colorado. The team has been active in Eagle County for many years and continues to this day. This is a group of professionals that is very knowledgeable about developing solutions that address the unique challenges faced by mountain and resort communities. • Our Project Manager, Charles Buck, has been active in Eagle County for years. He is nearing completion of another major project; he has extensive availability over the next year, allowing him to focus on this exciting project. We greatly appreciate this opportunity. If you have any questions, please feel free to call me or Charles Buck at the number below. We look forward to hearing from you soon. Sincerely, Felsburg Holt & Ullevig FoAtipi:4 Christopher J. Fasching, PE Principal Charles M. Buck, PE, PTOE Project Manager 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.lhueng.com info@fhueng.com O N' Clq n 0 0 Town of Avon Transportation Master Plan CONSULTANT TEAM Felsburg Holt & Ullevig - Prime Firm Transportation planning has been a cornerstone practice area for Felsburg Holt & Ullevig (FHU) since our founding in 1984. FHU has worked on transportation plans that encompass statewide regions as well as dozens of county, municipal, or sub -area plans and their subsequent updates. Of Iparticular benefit to the Town of Avon is FHU's established niche in transportation planning services to Colorado's mountain resort areas. Through our sustained efforts in this arena, we possess a thorough understanding of the unique environment which makes resorts so attractive and the impact that transportation can have on their appeal as desirable destinations. Further, we have worked for the communities in which resorts are located as well as for resort operators; thus, we understand both perspectives and recognize that the ultimate goal is the same— to create a transportation system that serves the needs of both residents and visitors alike. We have worked in nearly all of Colorado's major mountain resort communities: Aspen, Snowmass Village, Keystone, Copper Mountain, Steamboat Springs, Vail, Breckenridge, Winter Park, and Estes Park. We have also worked in locales farther afield, including South Lake Tahoe, California; Jackson Hole, Wyoming; Sun Valley, Idaho; Banff, Alberta, Canada; and Muju Resort, South Korea. These projects have included base village transportation plans, transit studies, parking studies, pedestrian plans, and downtown plans. Project Manager Charles Buck, PE has taken great care in creating the team for the Avon Transportation Plan effort. He will coordinate all activity related to this project from our headquarters office in Centennial, Colorado. From this location, our team has reliably provided demonstrated expertise in areas essential for an effective and actionable transportation plan: mountain resort experience, mountain corridor knowledge, and multi -modal specialties. This team mirrors the evolution in transportation planning for Colorado. FHU has kept pace with communities that are transitioning from auto -centric planning to incorporate multi -modal options. We have made significant investment to develop our planning disciplines to incorporate pedestrian, bicycle, and public transit (roadway as well as light rail) solutions in addition to auto/roadway transportation issues. Felsburg Holt & Ullevig - Key Personnel Christopher Fasching, PE — Principal -in -Charge Mr. Fasching lead's FHU's traffic engineering team and offers 21 years of transportation experience, including experience in traffic engineering, travel demand forecasting, transportation network planning, transit analysis, and public involvement. This varied background makes Chris well suited to lead transportation planning efforts, which typically address diverse issues. Chris has worked with both public- and private -sector clients to develop multi -modal transportation solutions in anticipation of growth or new development. For example, he has provided the Town of Vail with traffic engineering services on an informal on -call basis for six years, helped Snowmass Base Village manage the traffic impacts stemming from significant development, served as Principal -in -Charge for the development of the Breckenridge Multi -Modal Center, and led the transportation plan (and subsequent updates) for the Copper Mountain Master Plan. As Principal -in -Charge for this planning effort, Chris will be responsible for all contractual matters, Quality Assurance/Quality Control (QA/QC), and he will oversee developing the team's roadway standards and traffic impact study guidelines. Percent of Project Responsibility: 15% Felsburg Holt & Ullevig 1 Town of Avon Transportation Master Plan Charles Buck, PE, PTOE — Project Manager Mr. Buck is one of FHU's most experienced transportation planners, who has extensive expertise in Colorado's mountain communities. In nearly twenty years of transportation planning experience, his roster of mountain community projects include the Gypsum Master Traffic Study, the Edwards Area Access Plan, the US 6 Corridor Feasibility Study, Eagle Airport Interchange EA, and the 2030 Intermountain Transportation Plan. He has also conducted various tasks under an on -call contract with Eagle County. As Project Manager, Charlie will be Justin Hildreth's primary point of contact and will be responsible for the day-to-day administration of the transportation plan activities. He will coordinate with FHU and subconsultant task leaders, and direct the final plan production. Percent of Project Responsibility: 50% Holly Buck, PE — Transit Task Leader Ms. Buck has nearly 15 years of experience in transportation and transit planning. Holly has aided many municipal transit efforts, from transit -specific studies to transit elements within transportation plans. Holly has supported a wide variety of municipal transit efforts in communities that include Avon (Avon Town Center), Breckenridge (Breckenridge Multi -Modal Center), and Estes Park (Transportation Alternatives Study). On a regional level, Holly's projects include the North 1-25 Environmental Impact Statement (40 communities and five counties within the Denver to Fort Collins study area), the original FREX Study (commuter bus service serving communities extending from Pueblo to Fort Collins), the FREX Sustainability efforts, and on -call transit planning services for the North Front Range MPO. Holly will work closely with our transit subconsultant partner, Suzanne O'Neill of TransitPlus, to develop the transit element for the Town of Avon Transportation Master Plan. Percent of Project Responsibility: 20% Rich Follmer, PE, PTOE — Trail Planning Task Leader Mr. Follmer has over 20 years of diversified experience in transportation planning and traffic engineering, which includes recent work with multi -modal design and standards development projects. Rich's experience in the planning and design of bicycle and pedestrian facilities can be seen in the recently completed 3.5 -mile -long bicycle and pedestrian trail for the City of Fort Collins, part of a multi -modal program for the City's Mason Transportation Corridor. He also completed a planning document for Fort Collins entitled Design Guidelines for Grade -Separated Pedestrian, Cyclist and Equestrian Structures. These guidelines established design principles for grade - separated crossings in order to foster a more complete transportation network in the City and to provide structure design continuity throughout Fort Collins. Rich will work in close coordination with Bob Seams of the GreenWay Team, our Trail Planning subconsultant. Percent of Project Responsibility: 10% Jeff Ream, PE, PTOE — Traffic Calming Analysis M. Ream is a registered professional engineer with over 15 years of experience in the fields of traffic engineering and transportation planning. He is an experienced project manager for traffic engineering, transportation and transit planning, and travel demand modeling projects. He has prepared numerous transportation plans, including Steamboat Springs, Brighton, Commerce City, and Teton Village and Jackson Hole, Wyoming. For Avon's transportation plan, Jeff will be responsible for traffic calming tasks. In addition to his mountain resort experience, Jeff's work 'n this area inc udes assisting in the development of a guidebook for residential traffic management for the Washington State Department of Transportation, as well as developing traffic calming plans for several northwest communities. Percent of project responsibility: 5% Felsburg Holt & Ullevig 2 Town of Avon Transportation Master Plan To complement our transportation planning capabilities, we have teamed with two subconsultant partners: The GreenWay Team providing trail planning expertise and TransitPlus providing specialization in transit planning. The GreenWay Team, Inc. — Trail Planning Subconsultant The GreenWay Team, Inc. is a conglomerate of experts offering creative talents and TienaY Team over 30 years of practical experience in the planning, design and implementation of greenway, trail and open space projects. The firm has planned, designed and developed greenway and trail projects with an aggregate value exceeding $50 million in dozens of communities nationwide. The GreenWay Team's projects have won local and national awards for innovation and excellence. The team offers expertise in planning, design, resource conservation, landscape architecture, and drainageway engineering. They work effectively with community groups, raise project funds, secure right of way and coordination of design and construction. The areas of service and expertise in planning services include: Trail and Greenway Master Planning, Regional Greenway and Open Space Planning, Interpretive Planning and Exhibits, and Greenway and Open Space Maintenance Services. Robert Seams, AICP Bob Seams has a 30 -year track record in planning, designing and implementing award - winning trails, greenways, and open space projects. He provides services in master planning, design, fundraising, operations and maintenance, right-of-way acquisition, community/agency participation and construction coordination. Bob has prepared numerous successful plans in mountain and resort communities including: Silverthorne; Glenwood Springs/Garfield County; Evergreen; Basalt, and Jackson, WY. He was Project Director for the Denver Platte River Greenway, the award -winning spine of the 600 -mile -plus Metro Denver Greenway system. He has also consulted with clients nationwide including: Las Vegas, Detroit, Orlando, San Antonio, Houston, Portland, St. Louis, Dallas/Ft. Worth, Detroit and Chicago. TransitPlus, Inc. — Transit Subconsultant ppTransitPlus is a Colorado corporation consulting in transit planning, management and operations to public transit and paratransit systems and local governments. The firm has a commitment to providing practical, effective solutions for any transit system. TransitPlus prides itself on having a TransitPlus solid grasp of the operating and financial issues facing transit systems, the timely completion of ,,,,,, e.pmsAce technical work, and a high degree of client satisfaction. Further, TransitPlus works with clients so they are prepared for the implementation and management of the changes resulting from our recommendations. TransitPlus has been active in transit planning in Colorado and Arizona since its inception in 1990. Projects have been completed in many communities (including mountain communities of Avon, Durango, and Steamboat Springs) as well as several statewide and national projects. Suzanne O'Neill, Principal Ms. O'Neill has 30 years of experience in the transit industry, spanning public and private sectors. In addition to a varied consulting practice, Suzanne has managed three small transit systems, Salinas Transit in California, Steamboat Springs Transit and The Link in the Denver Tech Center. Suzanne's management experience provides a strong operating perspective to her work and an understanding of the financial and regulatory environment for transit. She is experienced in all aspects of transit service planning for rural, small urban, and resort services. Suzanne's experience in resort service operation will be an asset for this project. The emphasis on customer service, operating requirements in resort communities, and the impacts of peak vehicle and staffing requirements are all critical factors in developing and evaluating alternatives that will meet the unique conditions of resort communities. Felsburg Holt & Ullevig 3 Town of Avon Transportation Master Plan PROJECT UNDERSTANDING The Town of Avon is located within an area of high demand for housing and recreation. The nearby ski resorts of Beaver Creek and Vail attract visitors seeking year-round mountain recreation opportunities and Avon has emerged as a focal point for housing, services, and lodging. Like many other communities along the 1-70 mountain corridor, Avon has experienced tremendous growth in commercial and residential development in recent years. Pressure for growth in Avon is expected to continue with redevelopment of the Town Center and new development at the Village at Avon. Additionally, growth within Eagle County is expected to increase dramatically, adding that much more demand to Town services. Along with growth, corresponding increases in travel demand have sparked concerns over traffic congestion and quality of life issues in Avon. Previous transportation planning efforts in Avon have focused primarily on automobile traffic, with little provision for other modes of transportation. The Town has recognized that these previous plans fall short of ensuring the multi -modal balance needed to effectively serve demand in an area of limited roadway infrastructure. The Town has, therefore, initiated a new Transportation Master Plan effort to incorporate all modes of travel in Avon. It is intended that the new Plan will: • Establish a blueprint to meet the Town's vision for mobility • Ensure multi -modal opportunities as Avon continues to grow • Help prioritize improvements with respect to benefit and funding • Provide Town staff the tools they need to ensure development meets the Town's comprehensive vision The following scope of work highlights the sequence of tasks we propose for our highly experienced team of professionals. SCOPE OF WORK PHASE I - Information Gathering 1. Data Compilation and Collection During the initial phase of the project, we will conduct input sessions with Town staff, identify and compile available data and materials, and determine any additional data collection needs. Specific tasks include: a. Traffic Counts We will conduct AM and PM peak hour intersection turning movement counts at key intersections within the Town of Avon. These counts will complement the traffic counts that the Town conducts every July (available on the Town's website). For consistency, we will coordinate with staff to ensure our counts are conducted during the same period as the Town counts. Since US 6 is a State highway, we will compile any traffic volume data available from CDOT. The CDOT data may help in determining seasonal variations in traffic patterns; we will also compile seasonal data from our previous traffic engineering efforts in the area, such as: US 6 and 1-70 G Corridor Feasibility Study Eagle County Road Capital Improvement Plan Any recent traffic studies submitted to the Town Felsburg Holt & Ullevig 5 Town of Avon Transportation Master Plan b. Roadway Physical Characteristics A windshield survey of all roads within Avon will be conducted to establish physical characteristics such as: >> » >> >> » Number of lanes Intersection geometry Traffic control Speed limits Access issues Sight distance limitations We will also collect inventory data on pedestrian and bicycle facilities, transit stops, and any existing traffic calming measures. In addition to the windshield survey, Eagle County's GIS website is an excellent resource for obtaining transportation inventory information; we have made use of this resource for other projects in the area. c. Traffic Reports and Land Use Data As noted in the Request for Proposal (RFP), a number of traffic reports are available for pending developments in Avon, which the Town will provide to the consultant. In addition, the Planning Department will provide land uses and densities for use in calculating future traffic volumes. During this phase, we will also collect data on the current parking supply within the Town. We will compile the data, review for completeness, and coordinate with staff on any gaps or additional data needs. d. Transit Operations and Pedestrian/Bicycle Plans The FHU team will document existing services, fleet, and facilities providing transit services in the Town of Avon, including those operated by the Town of Avon and by ECO Transit. The team will identify, by season, the routes, headways, and ridership. We will identify areas where there may be existing capacity issues. The team will also document coverage of ECO Transit service as compared to the Town of Avon's service. The role of the Riverfront Express Gondola in the overall passenger transportation network will also be documented. Other activities include identifying proposed new services, including passenger rail; collecting ridership data and estimating mode share by season for current conditions, as well as assessing the role of the transit system in serving employee and visitor trips. For the Town of Avon fleet, the team will identify age, condition, and replacement schedule for vehicles. For the operations facility, we will identify capacity parameters for existing facilities, including transfer stations, stops, and shelters as well as identifying the timing to expand facilities. Finally, the team will identify any situations where the pedestrian / bus interface has created safety issues or where improvements will be needed to encourage more pedestrian trips. Felsburg Holt & Ullevig 6 Town of Avon Transportation Master Plan With respect to trails, our efforts will also include a field inventory of existing facilities in Avon. We will coordinate with Town staff to obtain any information for future pedestrian or bicycle enhancements, including: » » Connections to regional facilities (eco trails) Hazardous pedestrian locations Maintenance or operational challenges Phase I Deliverables: A Technical Memorandum that provides a "snapshot" of current transportation facilities in Avon. Ultimately, this will be converted into a report chapter. PHASE 1I - Preliminary Planning 1. Analysis of Existing Conditions The collected and compiled data will form the basis for an in-depth assessment of existing conditions in Avon. A representation of the roadway system will be developed using SYNCHRO, a computerized traffic analysis tool. Transit data will be reviewed relative to current operations, and the connectivity and integration of the existing bicycle/pedestrian system will be evaluated with respect to being a multi -modal system. A public open house will be held to present the data collected and preliminary findings, and to incorporate public input into the project. Specific tasks are as follows: a. Traffic The existing roadway laneage, intersection geometry, and traffic control will be incorporated along with existing traffic count data into a SYNCHRO network. We will then conduct Level of Service (LOS) analyses to identify locations of existing deficiencies based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. The roundabouts will be analyzed using Sidra and Rodel to determine any existing operational issues. (When preparing the Vail Transportation Plan, we used Sidra, but adjusted analysis parameters to validate its results against actual delay measurements and to represent winter conditions.) Roadway, intersection, and traffic control improvements will be identified to mitigate any current capacity deficiencies. b. Transit We will review the available data of existing operational conditions and transit ridership levels. Service measures will be calculated and any existing areas of deficiency will be identified. The FHU team will help identify transit level of service standards for local and regional corridors in transit- served areas, based on transit service coverage and route frequency standards from the Transit Capacity and Quality of Service Manual. This effort will identify service development standards to determine the trigger points when additional services or a transition to a higher level of service would be needed. We will identify bus stop standards, including bus stop information, and where shelters may be appropriate, as well as identify standards for fleet replacement and transit maintenance/operations . facility requirements. Further, the team will assess the nature of the system's current funding program. Holly and Suzanne are specialists in this area. c. Parking As previously mentioned, our data collection effort will include information on the current on -street parking supply and demand within Avon. Felsburg Holt & Ullevig 7 Town of Avon Transportation Master Plan A comparison of current land use data to the existing parking supply will allow us to: Determine any areas of deficiency in the town center areas Understand current parking operational trends within the town center Establish a baseline in analyzing future conditions for the Town Centers d. Trails As previously noted, our inventory efforts will include existing pedestrian and bicycle facilities, including trails and sidewalks (along the major corridors only). We will coordinate with Town staff on obtaining existing trail usage data, if available. Opportunities, resources, and constraints will be identified. We will evaluate the existing system with respect to: Usage Connectivity and continuity Safety Operations and maintenance Connections to other modes of travel Deliverable: An existing conditions technical memo that will become a chapter in subsequent reports. 2. Analysis of Future Conditions Forecasts of future traffic conditions in Avon will be developed using TRAFFIX, a computerized traffic analysis tool. TRAFFIX will allow us to project future travel demand by applying future land use data, generating and distributing trips, and adding background growth to account for regional trends. Recommendations for roadway and intersection improvements, intersection capacity requirements, and potential new roadways will be developed. Future transit infrastructure and route requirements will be evaluated along with potential pedestrian and trail system enhancements. A parking analysis will be conducted relative to future land use forecasts to determine build -out demand, and the potential for on -street parking will be evaluated relative to supporting Town Center development and potential impacts on roadway capacity. Preliminary Opinions of Probable Cost will be developed for the identified future improvement recommendations. Specific tasks include: a. Traffic Based on available Town of Avon traffic counts, supplemental counts, available CDOT data, traffic patterns for both Summer and Winter peak seasons will be estimated. A model of Avon roadways will be developed using TRAFFIX, based on Town of Avon land use plans, corresponding peak season trip generation estimates for build -out conditions will be calculated and assigned to the TRAFFIX network. Increases in background (through) traffic will be estimated from regional growth trends and incorporated into the model. Through this, we will develop long term traffic forecasts along key roads and at critical intersections throughout Avon. Felsburg Holt & Ullevig 8 Town of Avon Transportation Master Plan Through LOS analyses using SYNCHRO, future deficiencies will be identified based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. Potential improvements will be identified and evaluated based on the same LOS criteria. Roundabout operations will be analyzed using Sidra and Rodel to determine any potential improvements or modifications to the existing roundabouts along Avon Road. We have adjusted parameters within Sidra that have validated results for snowy conditions, which we recently used to analyze roundabouts in Town of Vail; this tool will help us better understand future traffic conditions in Avon during the peak ski season. As a separate task, we will conduct analyses to break out specific traffic impacts and potential improvement requirements associated with the Town Center West and Town Center East redevelopment plans, as well as continuing development of the Village at Avon. Preliminary Opinions of Probable Cost will be developed for the identified improvement recommendations, based on the intact unit cost data (adjusted for Eagle County). b. Transit Based on the available data of existing operational conditions, anticipated land uses, and through close coordination with the Town's transit staff, future transit ridership levels will be estimated for winter and summer seasons. Levels of service will be calculated and potential areas of future deficiency will be identified. Where route or schedule improvements are needed, an evaluation of potential improvements will be conducted and appropriate recommendations will be developed. The transit service plan will be developed working closely with town staff and the traffic analysis modeling effort. Our purpose will be to identify the level of transit service necessary to meet the Town's objectives for emphasizing alternative modes of transportation. This level of service will need to work well with the roadway network and overall movement of vehicles, have an effective interface with pedestrian and bicycle movements and parking, and be achievable from a fiscal and operational standpoint. Based on the existing conditions work and an evaluation of land use, employee residential data, and the connectivity of proposed regional services, the team will develop conceptual alternatives and the potential share of trips that could be served by these transit alternatives. At the Preliminary Transportation Plan stage, the transit portion of the plan will include planning level recommendations for transit route changes including how they are expected to evolve over time. A range of transit services (high and low) will be presented so the Town can consider if a high or low level of investment and mode share should be used for the final plans. The preliminary transit plan will also include service frequencies by season, ridership levels, cost (per hour, per passenger, and 10 -year total), capital project recommendations (fleet, facilities, stops & shelters, and technology options), and service development standards to indicate when services should be expanded. The consultant team will analyze potential funding options for establishing a dedicated revenue stream and will identify policy positions that would support the development of transit services over time, including relationships with regional and 1-70 corridor efforts as well as local activity (ski area and development). The team will identify issues and solutions that can be considered so that public comment can be considered prior to completion of the final plan. The transit consultant will also participate in public meetings and the work session for the Town Council and Planning and Zoning Commission. Based on comments received from the Town Council, Felsburg Holt & Ullevig g Town of Avon Transportation Master Plan staff, and public, the final plans and standards for the transit mode will be refined as part of the Final Comprehensive Transportation Plan. c. Parking For many mountain communities, balancing parking requirements with competing needs of development is a challenge. Using projected land use data for the Town Center (East and West) redevelopments, estimates of the potential additional parking demand will be generated. A concept to provide on -street parking on several Town roadways, including West Beaver Creek Boulevard, will be evaluated relative to traffic carrying capacity requirements. Parking demands will be estimated from parking rates currently used by the Town and national standards (such as ITE and ULI), and the demand estimates will incorporate shared parking concepts. d. Trails As previously discussed, our efforts will include an evaluation of missing links or other deficiencies in existing pedestrian and bicycle facilities in Avon. An evaluation of three potential future pedestrian corridors to serve impending development will be included, along with potential right-of-way requirements for each. Our assessment will include trail width criteria, conceptual alignment, and potential level of use (low, medium, or high). We will also conduct an analysis of the potential usage levels of two potential pedestrian enhancements currently under consideration by the Town: A pedestrian bridge over Avon Road A tunnel under 1-70 linking Metcalf Road to West Beaver Creek Boulevard These improvements are being considered to help mitigate pedestrian crossing safety concerns. An opinion of probable construction cost for each will be developed using the latest unit construction cost data, adjusted for Eagle County. 3. Traffic Calming Based on discussions with Town staff, and on our roadway inventory efforts, we will identify locations where traffic calming methods may be appropriate to mitigate pedestrian safety issues, cut -through traffic concerns, or high vehicle speeds. In each location we will review: • The nature and magnitude of the traffic issue ■ Any physical constraints in the area (sight distances, side slopes, etc.) • Any potential impacts to residents We will then consider appropriate measures to best address each problem area. Recommendations for any traffic calming alternatives will also consider winter maintenance issues, such as snow removal efforts and impacts to equipment and infrastructure. Close coordination with Town maintenance staff will be critical. 4. Preliminary Transportation Plan Based on the Future Conditions analyses and resultant improvement recommendations for roadways and intersections, transit, and pedestrian / bicycle facilities, a comprehensive list of improvements by mode will be developed. A series of maps will be prepared to illustrate the different modes of travel and how they interface with one another. The list will include preliminary opinions of probable cost for each improvement. Projects will Felsburg Holt & Ullevig 10 Town of Avon Transportation Master Plan be prioritized according to ease of implementation, cost -to -benefit comparisons, and other potential criteria as directed by Town staff. 5. Potential New Town Standards a. Roadway Cross -sections While conveying traffic and providing access are fundamental purposes for roadways, there are numerous other considerations that roadway facilities must serve. Considerations in designing roadways must also take into account: >> » » >> » >> >> >> » » Traffic levels and speed Access needs Turn Lanes Right-of-way Bicycles Pedestrians Parking Drainage Snow storage Aesthetics/landscaping Maintenance Each of these should be a consideration in developing a set of road standards, and the level of accommodation of these items can vary depending on a road's functional classification and the specific surrounding settings. The intent of established road standards is to be able to apply the appropriate road with appropriate characteristics for the intended purpose and surrounding environment on a fairly consistent basis. Through our experience working with numerous municipalities and counties and in conducting our own research on the subject, FHU has the technical background to assist the Town in developing street standards; we've previously guided clients through this process. Specific tasks will include: >> >> Ascertain the critical Town considerations. Critical items will likely vary by functional classification and environmental setting. Provide guidance with respect to each possible element (listed above) that should be considered within the context of a roadway's classification and setting. We have conducted research in the past on this topic for other agencies, so we are well positioned to bring this knowledge into developing cross-sectional standards for Avon Identify possible classification categories and environment settings. The RFP lists two groups; mountain and urban. Potentially, additional categories could be considered to serve the diverse set of environments that exist with the town limits. Identify the characteristics and/or dimension of potential elements (listed above) that would make up a particular classification's cross-section. Felsburg Holt & Ullevig 11 Town of Avon Transportation Master Plan Produce a draft set of roadway cross-sectional standards for Town consideration and discussion. Present these at a progress meeting with staff for discussion and obtain feedback. Adjust the cross -sections based on Town staff review, and present the final set of classifications to the Town Board for eventual adoption. » Document the process toward developing these standards that will be provided as a memorandum first and part of a report chapter later. b. Traffic Impact Study Guidelines Traffic impact studies are typical prepared where new development or redevelopment is being considered. Their intent is to provide insight as to the level of traffic increase that might be expected from the development as well as identify roadway and intersection improvements required to safely and efficiently serve the traveling public. Establishing standard guidelines will greatly ease the review process of traffic studies. With a set format, reviewers can quickly peruse a study for the key considerations including: » Relative traffic impacts >> Potential traffic operations » Access appropriateness >> Needed improvements » Associated responsibility of improvements of the development in question FHU performs more than 150 traffic studies annually. We have been exposed to many jurisdictions' traffic study guidelines, and we have developed an excellent sense of key considerations. FHU staff have helped other agencies develop and refine their traffic impact study guidelines. Specific tasks associated with this include the following: Discuss critical considerations with Town staff as to items of inclusion in the standards. One item of consideration is to tie traffic study needs to the appropriate development appeal process (zoning, plat, development plan, etc.). Also, a protocol should be established with respect to staff - consultant coordination prior to any analysis being conducted. Establish general criteria as to when a study is needed. This could still include language to require a study if a peculiar issue needs to be addressed even if criteria are not met. Provide guidance as to the level of detail needed in a study, geographically and analytically. Potentially, some studies may only need to analyze a specific concern and these can be shorter, more focused reports. Provide guidance on traffic study parameters allowed in preparing the study. This will include items such as internal trip -making and pass -by adjustments. However, it will also need to be recognized that unique situations may warrant using unique parameters in the study, provided that the consultant can provide the necessary support. Establish criteria to evaluate the appropriate season. Both summer and winter seasons can experience high traffic levels within Avon. Felsburg Holt & Ullevig 12 Town of Avon Transportation Master Plan » » » Determine when a safety assessment is needed. This may be primarily based on specific safety issues that are well known and need addressing. Determine appropriate operational standards (like LOS C). This will be done in close coordination with the Town as this measure is often a reflection of the community's intent for their residents and guests. Standards currently exist and the team may decide to simply maintain these. Spell out the preferred structure of a study to allow reviewers to quickly review for critical information. Perhaps some flexibility can be afforded the consultant, but stipulating a structure will help review each and every traffic study submitted to the town as reviewers will become used to a given format. Develop a set of draft standards for the Town to consider. Present these at a progress meeting and allow Town staff to review and respond. Finalize the standards and present to the Town Board for adoption. Phase 11 Deliverables: Technical Memorandums will be prepared for Future Conditions, Traffic Calming, and Town Standards in the preliminary transportation plan. These memos will then be incorporated as chapters in a draft report, summarizing the data collected, the analyses conducted, and the resultant findings. The draft document will clearly show: is The anticipated traffic impact from potential development or redevelopment • The necessary transportation improvements needed to safely accommodate future demand at acceptable operational levels • An opinion of present-day probable costs for the identified improvements ■ A project prioritization schedule to assist the Town in developing a Capital Improvement Program • Traffic Impact Study Guidelines and Town Roadway Cross -Sectional Standards The draft report will be submitted to the Town for staff review and comment. PHASE Ill — Final Comprehensive Transportation Plan Following the Town's review of the Preliminary Transportation Plan, we will compile all comments from staff and the Avon Town Council. Edits, as appropriate, will be made and further coordination with staff will take place toward the Final Comprehensive Transportation Plan. A second public open house will be held to present our findings and recommendations. Upon acceptance by staff, we will make a presentation to the Planning & Zoning commission and Town Council. With Council's approval, the Final Comprehensive Transportation Plan can then become a part of the Town's new Comprehensive Master Plan. Phase Ill Deliverables: A Final Comprehensive Transportation Plan Report will be prepared. 10 hard copies plus electronic versions (.doc and .pdf) Felsburg Holt & Ullevig 13 Town of Avon Transportation Master Plan 11 Project Schedule We anticipate a project schedule of approximately 11 months, with an anticipated end date of May 2009. As shown in the following chart, we have included progress meetings with Town staff every two months, starting with an initial project kick-off meeting upon notice -to -proceed. Additional meetings will be scheduled as needed throughout the project. We also envision two public workshops: the first would occur during the preliminary plan development phase to elicit citizen ideas and concerns; the second would occur towards the end of the project to present the final plan and demonstrate the incorporation of public input. A formal presentation to the Planning and Zoning Commission and the Town Council would occur at the completion of the Final Transportation Master Plan. TASK JUN JUL I AUG 2008 SEP OCT NOV DEC JAN FEB 2009 I MAR APR ! MAY 0 Data Compilation & Collection 1 oot 7� ce to proceed © Analysis of Existing Conditions © Analysis of Future Conditions ! � a Preliminary Transportation Plan 5 Town Standards 6 Final Comprehensive Transportation Plan 0 Public Workshop • • U Presentation to P&Z /Town Council Q Meetings with Staff • • Cost Proposal for Professional Services As requested at the pre -proposal meeting held on May 8, 2008, we have provided our cost proposal in a separate, sealed envelope placed in the rear cover of the proposal binder. Felsburg Holt & Ullevig 14 x et -r, O L. Town of Avon Transportation Master Plan EXAMPLES OF SIMILAR PROJECTS Since 1984, FHU has completed dozens of transportation plans and many updates, such as the Avon Transportation Master Plan in 1990 and its update in 1996. Our understanding of the unique transportation demands and patterns of mountain communities is exceptional. In respect to the page limit, we have limited the project descriptions below to recent planning experience in and around Avon. The subsequent list comprehensively summarizes FHU's planning experience, highlighting mountain resort planning and plans with significant multi -modal elements. Showcased projects involved FHU staff slated to work on the Avon Transportation Plan. Further, our subconsultant partners also provide a wealth of experience in their respective fields. Brief highlights of their recent projects are also provided for the Town's consideration. ll Msb `W U may' Y il OO , t& V e V D g Gypsum Master Traffic Study Key Personnel Chris Fasching, Principal Charles Buck, Project Manager The Town of Gypsum, located along the 1-70 mountain corridor, has experienced increasing pressures for growth in recent years. To ensure the ability of Gypsum's transportation infrastructure to accommodate the growing travel demand, this project was initiated in 2006 to evaluate current and future improvement requirements. A Capital Projects Plan was established, forming the basis for a Traffic Impact Fee program to assess developers a fair -share in the funding of improvements. Other elements of the Study included an Access Control Plan for US 6 through Town, an evaluation of pedestrian facilities, and an assessment of potential transit improvements. Mr. Buck served as project manager on this Study. Jeff Shroll, Town Manager, 970.524.7514, jeff@townofgypsum.com Vail Comprehensive Transportation Plan and Update Key Personnel Chris Fasching, Principal of Gypsum Master Traffic Study Amoy. 2008 FHU has been on -call to the Town of Vail since the early 1990s on an informal basis. The Town has typically solicited our involvement in development reviews, traffic study reviews, long range planning, access planning, and board presentation. Currently, we are in the process of updating the Town's Transportation Plan which involves detailed traffic analyses (particularly at the roundabouts), transit planning, and a parking needs assessment. FHU originally prepared a Comprehensive Transportation Plan for Vail in 1989, which emphasized Vail's historical initiatives in multi -modal transportation. The entire work program was conducted under the direction of a broad -based advisory committee consisting of citizens, business leaders, and elected officials. Project Contact: Greg Hall, 970.479.2160, ghall@vailgov.com Felsburg Holt & Ullevig • 15 Town of Avon Transportation Master Plan SH 6 Access Control Plan / Corridor Study Key Personnel Charles Buck, Project Manager As a joint effort between Eagle County and the Colorado Department of Transportation, a Corridor Feasibility Study for State Highway 6 between Squaw Creek Road and Dowd Junction was conducted. The study area included the rapidly developing mountain communities of Avon, Beaver Creek, Edwards, and Eagle -Vail. The Study included an analysis of existing and projected traffic conditions along the corridor with an assessment of future roadway and traffic control improvement requirements. Preliminary opinions of probable cost were developed for each improvement to aid in continuing transportation planning efforts. In addition, an access control plan was established as a guide for future development along the corridor. This work was coordinated between Felsburg Holt & Ullevig (Eagle County's consultant) and PBS&J (CDOT's consultant). Greg Schroeder, Eagle County Engineering Department, 970.328.3560, Greg.schroeder@eaglecounty..us Breckenridge Multi -Modal Center Key Personnel Chris Fasching, Principal Holly Buck, Project Manager Jeff Ream, Traffic Engineer FHU is currently working with the Town of Breckenridge and Vail Resorts Development Company to develop conceptual layouts to reconfigure the existing multi -modal transit center and accommodate future development planned by Vail Resorts in the existing free parking lots along SH 9. The effort includes coordination with three transit providers that serve the existing multi -modal center and require eleven bus bays to accommodate the current pulse system. The ski area currently uses the majority of the site as day skier parking and has recently constructed a gondola that connects day skiers to the future development at Peaks 7 and 8. The multi -modal center layouts generated by FHU complement planned ski area development, accommodated the three transit providers in the area and provided a meaningful and safe connection between the bus transit systems and the gondola. More than 10 conceptual layouts were developed and are currently being reviewed by the Town, Vail Resorts, and the three transit providers. This work came after FHU worked on the current multi -modal center with the Town of Breckenridge. During the initial study, FHU analyzed access alternatives, private auto circulation patterns, parking structure locations, bus routing alternatives, and pedestrian travel patterns to determine which would operate most efficiently with the fewest conflicts between pedestrians and vehicles. FHU made near -term and long-term recommendations that included intelligent travel measures, parking lot loading recommendations, pedestrian crosswalk locations, bus routing changes, and intersections improvements to achieve the goal of safe and efficient travel for all modes of transportation utilizing the multi -modal center. Project Contacts: Tom Daugherty, Town Engineer, Town of Breckenridge, 970.453.3175, tomd@townofbreckenridge.com and Ross Holbrook, Vail Resorts Development Company, 970.496.4384, jholbrook@vailresorts.com Felsburg Holt & Ullevig 16 Town of Avon Transportation Master Plan FHU has provided extensive support to Colorado's mountain communities and resort areas with a host of transportation planning, traffic engineering, and transit support. In order to illustrate the extent of FHU's experience while respecting the page limits established for the proposal, we have summarized our experience in the table below: CD a 4.4 aa c c c a.' c o rn o a CL N c C c C R 0 cc Winter Park 2005 Transportation Plan Winter Park Downtown Master Plan Winter Park Ski Area Transportation Plan Update Winter Park Multi -modal Transportation and Mobility Plan Copper Mountain Master Plan and Update Breckenridge Transit Center Breckenridge Downtown Parking Study Vail Transportation Plan Steamboat Community Plan Teton Village Transportation Plan Castle Rock Master Transportation Plan Johnstown Transportation Plan State Recreation Area Teton Village (WY) Greeley Transportation Plan Upper Blue River Transportation Plan Banff Downtown Enhancement Plan Milliken Transportation Plan Gypsum Master Traffic Study Mead Transportation Plan Eagle County Transportation Development Plan Update Evans Transportation Plan 2030 Intermountain Transportation Plan Timnath Transportation Plan Telluride Ski Resort Transportation Planning Black Hawk Transportation Plan Town of Snowmass Village Transportation Planning Snowmass Base Village Planning Keystone Mountain House Granby Ranch Master Streets (Ski resort - Sol Vista) CDOT Statewide Regional Transportation Plans N Y Cl V c 0 -. c cu 0 co GJ w 0 a c N a) CCS crt aQ, Breckenridge Multi -modal Center Mason Transportation Corridor RTD 1-225 FasTracks Corridor Rocky Mountain NP Transit Study Phase 2 Copper Mountain Road Transit Extension Eagle County Transit Planning Assistance North Front Range MPO On -Call Transit Services Colorado Springs Rapid Transit Study Castle Rock Transit Berthoud Transit Plan NFR Regional Transportation Plan - Transit Element Castle Rock Transit Phase 2 2035 Colorado Springs Transit Plan Update Front Range Commuter Bus (FREX) Sustainability G) O R L Eagle County Traffic Assistance Eagle County Road Capitol Improvement Plan SH 6 Corridor Feasibility Study Numerous Traffic Impact Studies Felsburg Holt & Ullevig 17 Town of Avon Transportation Master Plan Sufl consu 0 taint EE cpc rO nc Silverthorne Open Space and Blue River Corridor Plans — The GreenWay Team Robert Seams authored the Open Space, Trails and Parks Master Plan for Silverthorne, CO He worked with citizens, the business community, The U.S. Forest Service and other stakeholders to develop plans for community - wide open space, park and trail facilities as well as a greenway along the length of the Blue River. In addition to parks and recreation facilities serving the town's growing population, the master plan envisions a belt of open space and wilderness lands with a continuous trail system encircling the entire community. Related plans that Seams authored include The Blue River Action Plan and subsequent Blue River Amenities Plan that include the integration of new commercial activities with recreational pursuits to form the basis of quality redevelopment. Major components of the plan include a continuous multi -use trail system, stream bank conservation and protection of a Gold Medal trout fishery running through the heart of the town. The plans resulted in new public/private partnerships to raise necessary capital for project implementation including the development of a factory stores shopping village. Project Contact: Tammy Jamieson, Recreation and Culture Director, 970.262.7372, tljamieson@silverthome.org Two Rivers Road Corridor Plan, Basalt, CO — The GreenWay Team DOAT AUNCH,no "'"^ a!H EMI "” " '; ' 1 ARKA:F D1!;;Er K\ ANI>'a'RAXN ItHC:1i Va'ACa_Ar Robert Seams served as principal planner on a multi -disciplinary team lead by Peter Loris. The plan developed a series of options for adaptive re -use of a road corridor following the Roaring Fork River near Aspen, CO. The plan addresses trails, modification of the road for shared use with bicycles and concepts for new parks and river corridor enhancements. The process included a series of public meetings and consultation with key agency representatives and stakeholders. Project Contact: Larry Thompson, Town Engineer, 970.927.4701, lhompson@basalt.net Felsburg Holt & Ullevig 18 Town of Avon Transportation Master Plan The Village (at Avon) Transit Services - TransitPlus Evaluated transit needs and cost of extending service for near -term and long-term development plans for The Village. Long-term estimates were based on levels of commercial and residential development as well as anticipated locations of employee housing. A short-term service plan was developed based on current Town of Avon and ECO Transit services. Routes were identified that involved extending ABC routes and on ECO Transit serving the new commercial development via their Hwy 6 route. In addition, the operations facility was evaluated for its ability to serve the transit vehicles and a set of cost allocation formulas developed that were based on employees, number of vehicles, and work requirements by function. (Suzanne O'Neill, key personnel.) Project Contact: Roger McCoy, Manager, Traer Creek Metropolitan District, 303.987.0835 Winter Park Transit Study — Transit Plus/FHU TransitPlus, as a subconsultant to FHU, prepared a long-range transit plan for the Winter Park and Fraser Valley area. This study was part of a long-range multi -modal transportation plan that included roadway planning, downtown circulation and design, and an economic analysis. For the purposes of the transit mode, Suzanne O'Neill prepared a short-range element reflecting the activities needed to transition service from a resort operation to a public operation. Along with visitor movements, employee transportation and demand response services for people with specialized needs was addressed. A capital and financial plan was prepared. This project was prepared under a contract between Intrawest Corp. and FHU. The Town of Winter Park and Grand County were also partners. (Suzanne O'Neill, key personnel) Project Contact: Drew Nelson, 970-726-8081, dnelson@wpgov.com Felsburg Holt & Ullevig 79 Christopher J. Fasching, PE Principal Education B.S., Civil Engineering, Colorado State University, 1985 M.S., Civil Engineering, University of Colorado at Denver, 1997 Registration Professional Engineer — Colorado Background Mr. Fasching has more than 20 years of experience in transportation engineering, of which three were spent in the public sector. Past efforts have involved a variety of abilities including travel demand forecasting, development of recommendations, transit analyses, project management and coordination, public involvement, and technical documentation. Mr. Fasching also possesses knowledge of the industry's analytical tools, and he understands the appropriate use of the various tools available. His three years employed by the City of Aurora has also contributed to his understanding of public sector concerns. Project Experience Snowmass Base Village, Snowmass Village, Colorado This planning project entailed assessing the transportation impacts of a significant development within the central base area of Snowmass Village. The development includes a mix of uses including residential, retail, restaurants, skier services, and community services. The analysis required estimating the internal trip making between uses as well as identifying traffic impacts along every roadway segment within Town and along SH 82. The effort also involved a shared parking analysis to estimate the development's parking demand to properly size a structure as well as develop a management strategy. The development is also planned to be a transit hub for the local and regional bus systems, and analyses were conducted relative to transit accommodation on site and the magnitude of transit trips associated with the facility. Numerous meetings were held to work through transportation issue s affecting the Town, County, CDOT, and special interest groups. On -Call Traffic Engineering Services, Vail, Colorado Since the early 1990s, The Town of Vail has utilized Felsburg Holt & Ullevig in an unofficial on -call capacity. Chris has served as their primary point of contact and project manager for assignments. Typical tasks have included engineering services related to traffic capacity issues, traffic study reviews, access questions, parking demands evaluations, and transit service. Currently, FHU is in the process of updating the Town Transportation Plan. Efforts have involved utilizing the software TRAFFIX to estimate traffic increases resulting from new development and redevelopment. The plan development is identifying roadway system improvement needs as well as determining transit service enhancements (including a new hub) and parking accommodation at the two central villages. Roadway Classification Study, Weld County, Colorado This effort involved developing a series of transportation -related plans and standards for Weld County to serve as a planning tool. The effort included developing five key elements including a county -wide roadway classification system, roadway cross-sectional standards, roadway alignment standards, a roadway access policy, and a bicycle facilities map. The effort involved an assessment of the County's current practices, and extensive research was conducted to develop new standards. Significant coordination took place with the local jurisdictions during this process including numerous presentations to the County's mayoral groups. Christopher J. Fasching, PE Principal Traffic Impact Analysis Studies Traffic impact analysis studies throughout the Denver metropolitan area dealing with commercial and residential development. Chris has also been involved in traffic studies dealing with unique development such as churches, quarry activity, large mixed -use developments, and mountain development at ski areas. Tallyn's Reach Master Plan, Aurora, Colorado Located in southeast Aurora, Tallyn's Reach was planned as a 998 -acre residential neighborhood in which FHU conducted the transportation study. Chris managed the project and was intimately involved in the traffic analysis supporting the development proposal. The effort entailed estimating development traffic as well as estimating future traffic in the area due to other local and regional growth. Southeast Aurora is programmed for significant development, and the planning of Tallyn's Reach had to account for this other future growth. The study focused on the access intersection needs as well as developing appropriate internal roadway connections and cross -sections. Copperleaf Master Plan, Aurora, Colorado Located near E-470 and Quincy Avenue, the Copperleaf development included planning 965 acres of property. Residential uses, various types of commercial uses, and recreational uses were mixed in this master plan development. Chris managed and conducted the vast majority of the work in support of preparing a master traffic impact study for the development. Arterial roadways exist along the plan's perimeter, and many new roadways are planned to pass through Copperleaf. The effort focused on planning for adequate roadways and intersections including traffic control and lane configurations along the key arterials. School Traffic Control Devices Study, Aurora, Colorado Chris is currently serving as Principal for a city-wide effort in Aurora to assess the safety of every school walking route within the City of Aurora (Cherry Creek and Aurora school districts) and identify where enhancements are needed. The project entails the inventory all traffic control devices on each walking route, extensive coordination with City and school district personnel, and the creation of a GIS map of the routes and device inventory for use by City of Aurora traffic/transportation planning personnel. US 34 Access Control and Corridor Optimization Plan, Kersey, Colorado The Colorado Department of Transportation, Region 4, contracted with FHU to prepare an Access Control and Corridor Optimization Plan for 26 miles of US 34 between 1-25 and the Town of Kersey. The effort involved assessing existing conditions and establishing an interim and ultimate plan consistent with the established vision of US 34 being an expressway facility. The effort entailed extensive coordination with technical staff from CDOT and nine local agencies. Further, the study involved the conduct of numerous public meetings as well as progress meetings with elected officials of the affected jurisdictions. The final product of the effort included two corridor plans covering an interim and ultimate time frame identifying eventual closures of driveways/intersections, locations for planned traffic signals, planned interchanges, and parallel roadway facilities. The study serves as a catalyst for to hold regular coordination meetings between the jurisdictions to discuss US 34 issues. This was Colorado's first Corridor Optimization Plan. Chris served as the PM on this project. Charles M. Buck, PE, PTOE Project Manager/Senior Transportation Engineer Education B.S., Civil Engineering, University of Colorado at Denver, 1990 Registration and Certification Professional Engineer — Colorado Professional Traffic Operations Engineer Background Since joining Felsburg Holt & Ullevig in 1990, Mr. Buck has worked on numerous traffic and transportation projects in the Rocky Mountain region, as well as several traffic projects in the eastern United States for the National Park Service. His work has involved modeling and analysis techniques using computer programs such as the Highway Capacity Manual Software, MinUTP, TEAPAC, Synchro, and PASSER II. Project Experience Master Traffic Study, Gypsum, Colorado Project Manager for this Town of Gypsum project. The Town, located along the 1-70 Mountain Corridor, has experienced increasing pressures for growth in recent years. To ensure the ability of Gypsum's transportation infrastructure to accommodate the growing travel demand, this project was initiated to evaluate current and future improvement requirements. A Capital Projects Plan was established, forming the basis for a Traffic Impact Fee program to assess developers a fair -share in the funding of improvements. Other elements of the Study included an Access Control Plan for US 6 through Town, an evaluation of pedestrian facilities, and an assessment of potential transit improvements. In addition to budget and schedule compliance, Mr. Buck was responsible for managing staff resources; serving as the Town's primary point of contact; attending Town meetings; and overseeing the data collection, analysis, and documentation of the project. 2030 Intermountain Regional Transportation Plan, Colorado Since the early 1990's, Federal and State requirements have mandated that each of Colorado's 15 Transportation Planning Regions (TPR's) prepare Regional Transportation Plans. These regional plans are then integrated into the Statewide Transportation Plan, which defines the vision for transportation improvement planning in Colorado. Felsburg Holt & Ullevig prepared the 2030 update to the Intermountain Regional Transportation Plan. This project involved updating the transportation system inventory and socio-economic profile for the Region to identify existing deficiencies and to project future transportation needs. Key transportation corridors were identified, and visions for each corridor were established to guide multi -modal planning efforts. A list of transportation projects was compiled and alternatives were evaluated to produce a Preferred Plan. Projects were then prioritized across modes, and a Financially Constrained Plan was developed for incorporation into the Statewide Transportation Plan. An extensive public outreach effort was maintained throughout the project, with special consideration for minority and low-income populations. Eagle County 2025 Road Capital Improvement Plan, Eagle County, Colorado Subject to Eagle County's land use regulations, new development is assessed a proportionate share of roadway improvement costs using a road impact fee schedule. Felsburg Holt & Ullevig conducted an update to the Eagle County traffic model to provide a basis for an updated Capital Improvement Plan. Existing roadway conditions were compiled to identify existing system deficiencies and to establish a baseline for model calibration. The calibrated model was then used to forecast future traffic volumes based on population and employment estimates for the year 2025. The updated traffic forecasts were then used to identify future roadway capacity requirements. Ongoing efforts will be used to update the road impact fee schedule. Charles M. Buck, PE Senior Transportation Engineer US 6/ I-70 G (Edwards Spur Road) Corridor Feasibility Study, Edwards, Colorado As a joint effort between Eagle County and the Colorado Department of Transportation, a Corridor Feasibility Study was conducted for State Highway 6 between Squaw Creek Road and Dowd Junction. The study area included the rapidly . developing mountain communities of Avon, Beaver Creek, Edwards, and Eagle -Vail. The Study identified existing and projected traffic conditions along this corridor, assessed future roadway and traffic control improvement requirements, and established appropriate access control guidelines along the two state highways. Mr. Buck served as the project manager for Felsburg Holt & Ullevig, the County's consultant, in coordination with PBS & J, CDOT's consultant. Access Control Plan, State Highways 6 and I -70-F, Eagle to Gypsum, Colorado This access control plan provided Eagle County and the Towns of Eagle and Gypsum with an important planning tool for future development in the Eagle / Gypsum area. I-70/ Eagle Airport Interchange Concept Study, Colorado This project identified and evaluated alternative interchange locations to serve the Eagle County Regional Airport. I-70 G Edwards Spur Road Improvements Preliminary Design, Edwards, Colorado The Edwards area is a growing mountain community along 1-70 near Vail, Colorado. In recent years, traffic increases in Edwards have indicated the need for major roadway improvements. Mr. Buck served as project manager for the preliminary design of improvements to 1-70 G, the Edwards Spur Road. This project evaluated existing and future traffic volumes, capacity improvement requirements, and the conceptual design of several alternatives. A preferred alternative, which incorporated roundabouts, was taken to preliminary design. The process entailed extensive public involvement, as well as coordination between CDOT and Eagle County, the client. This project resulted in a final design effort, currently being conducted by FHU. Fort Morgan Traffic Study, Fort Morgan, Colorado As a part of the transportation element of the City of Fort Morgan's Comprehensive Master Plan, this Traffic Study included a transportation inventory and short range traffic evaluation of existing safety and operational deficiencies. A long-range transportation assessment provided a transportation master plan, as incorporated in the Comprehensive Master Plan. Adams County Transportation Plan, Adams County, Colorado This multi -modal 20 -year transportation plan identified the existing and future improvement needs for key roadway and transit corridors for Adams County and its component cities. An implementation and management strategy was developed to support the County in the coordination of regional funding requests for transportation improvements, and to aid in the implementation of various systems management programs. Delaware Water Gap National Recreation Area Traffic Safety Study Through extensive evaluation of accident records, field investigation, data collection, signal warrant evaluation, and interaction with National Park Service personnel, this effort produced intersection and roadway improvement recommendations for enhancing the traffic safety of this National Recreation Area. Avon Transportation Plan, Avon, Colorado Traffic count analyses were used to assist in developing the Town of Avon's 1990 Transportation Plan. Vail Transportation Plan, Vail, Colorado The work performed on this project included a study of route and schedule alternatives for the West Vail transit system. D. Holly Buck, PE Senior Transportation Engineer - Transit Education B.S., Engineering Management, University of Portland, 1993 M.S., Civil Engineering -Transportation, University of Colorado at Denver, 2002 Registration Professional Engineer — Colorado Background Ms. Buck has nearly 15 years of experience in transportation planning and engineering. Her experience includes resort traffic and parking analyses, transit studies, regional transportation plans, and corridor studies. Project Experience Avon Town Center, Avon, Colorado This project was initiated to create a plan that would establish a more active, pedestrian -oriented, mixed -use development in Avon's Town Center. Evaluated a number of configurations for the Town Center's Main Street, locations for visitor parking and possible transit routes. Configurations for Main Street included a pedestrian / transit - only facility as well as cross sections that included on -street parking and / or bike lanes. Evaluated the Main Street configurations based on how well they created a pedestrian -oriented, mixed -use development, how vehicle circulation and visitor parking would work together and operation of seasonal traffic. Estes Valley Transportation Alternatives Study, Estes Park, Colorado Through guest and resident surveys, previous planning efforts, discussions with the Town of Estes Park staff and citizen input, gained insight to the existing and future concerns in the Estes Valley. Performed roadway capacity analyses, developed parking projections and generated alternative improvements to develop a multi -modal transportation plan. The recommended plan identified travel demand management measures and roadway improvements in conjunction with transit, and bike / pedestrian improvements to accommodate expected increases in transportation demand due to growth in the area and increases in Rocky Mountain National Park visitation. Multi -Modal Transportation Center, Breckenridge, Colorado Analyzed access alternatives, private auto circulation patterns, parking structure locations, bus routing alternatives and pedestrian travel patterns to determine which would operate most efficiently with the fewest conflicts between pedestrians and vehicles. Made recommendations to achieve the goal of safe and efficient travel for all modes of transportation utilizing the multi -modal center. Traffic Impact Assessment, Vail Resorts, Colorado Conducted a traffic impact assessment for Vail Resorts Development Company in Breckenridge that included looking at the impacts associated with development and redevelopment of Peaks 7 and 8 into a large multi -family and commercial development at the base of the mountain. Analyzed the development's impact to a two-lane mountainous road both with and without a gondola present as an alternate travel mode. SH 9 Redesignation, Breckenridge, Colorado Analyzed future operation of Park Avenue in support of its redesignation as SH 9 (instead of Main Street) through downtown Breckenridge. Identified existing access locations, generated buildout traffic volume estimates, conducted an analysis of progression and made recommendations to improve progression to meet the standards identified by the Colorado Department of Transportation State Highway Access Code. The analysis provides support toward implementing the SH 9 designation switch. D. Holly Buck, PE Senior Transportation Engineer Vail Valley Medical Center Parking Needs Studies, Edwards, Colorado Worked with team architect and civil engineer to design the parking layout, truck dock area and access locations for the expanded Vail Valley Medical Center in Edwards, Colorado. Determined parking needs based on existing demand and Eagle County Land Use Regulations. Traffic Calming Plans, Various Locations Statewide Identified problem areas and suggested mitigation measures that effectively reduce speeds and cut through volumes creating a more livable community. Plans focused on balancing pedestrian and vehicular activity in residential areas. Suggesting measures that create a safer environment and encourage use of alternative modes of transportation. Study locations include Arrowhead Village, Beaver Creek, Buena Vista, Crestmoor Park, and Steamboat Springs, Colorado. Phase II Transit Needs Assessment Study and Implementation Plan, Castle Rock, Colorado Holly was the FHU lead working as a subconsultant to TransitPlus, developing and evaluating service alternatives, management strategies, and capital requirements for the Town of Castle Rock transit. The effort included evaluation of 14 potential multi -modal facility sites to determine which would provide the best connectivity for local routes, regional routes, and encourage bike and walk access. The plan evaluated three levels of service to coincide with the Town's comprehensive planning effort. Mountain Metropolitan Transit 2035 Long Range Transit Plan, Colorado Springs, Colorado Managed development of the 2035 regional transit plan. Effort included evaluation of existing services, existing and future demographic analysis, public outreach and development of a vision plan that included new rapid transit corridors, call and ride services and modifications to the current fixed -route service. Worked with staff and the Colorado Department of Transportation to develop a fiscally constrained plan for 2008-2035 budget. North I-25 Environmental Impact Statement, Denver to Fort Collins, Colorado (Study Area) Currently working on development and evaluation of bus rapid transit and managed lane alternatives as possible options to improve travel between northern Colorado and the Denver metropolitan area. Coordinates efforts for involvement of representatives from over 40 Northern Colorado communities and agencies in the 5 -county study area. North Front Range Regional Transportation Plan, Transit Element, Various Locations Statewide Inventoried and evaluated existing rural and urban transit systems in the North Front Range and Upper Front Range Transportation Planning Areas. Assisted with assessing the 2030 transit needs based on the population and employment growth and changing demographics in the study area. Front Range Commuter Bus Study/ FREX Sustainability, Fort Collins to Pueblo, Colorado (Study Area) Worked with CDOT and communities located along the 1-25 Front Range corridor to evaluate the feasibility of a proposed commuter transit service connecting Fort Collins, Denver, Colorado Springs and Pueblo. Estimated operating costs and capital costs for four potential service legs and determined their potential ridership and farebox revenues. Evaluation also included reviewing various financing mechanisms and institutional arrangements for system operation. This effort resulted in the initiation of FREX service between Colorado Springs and Denver. Holly served as a subconsultant to TransitPlus for the commuter bus study. Holly is the Project Manager for the current efforts relating to FREX Sustainability, for which FHU is the prime consultant. Richard R. Follmer, PE, PTOE Senior Transportation Engineer - Trail Planning Education B.S., Civil Engineering, University of Colorado, 1993 M.S., Civil Engineering, University of Colorado, 2001 Registrations Professional Engineer —Colorado, New Mexico Certifications Professional Traffic Operations Engineer IMSA Traffic Signal Level II Background Mr. Follmer has over 20 years of diversified experience in the transportation engineering field. His experience includes access management planning, corridor study preparation, traffic signalization and signal system design, signal operations / optimization analyses, ITS design, traffic impact studies, bike / pedestrian trail design, transportation planning, freeway / interchange / intersection design, and safety studies. Rich has also obtained valuable experience as a public speaker and has worked with numerous agencies to successful project completion. Project Experience Design Guidelines for Grade -Separated Pedestrian, Cyclist, and Equestrian Structures Worked with the City of Fort Collins to develop design guidelines for the construction of grade -separated structures for pedestrians, cyclists, and equestrians. Four structure types were included: 1) Roadway / Railway Overpasses, 2) Bridges Over Water Routes, 3) Bridge Underpasses, and 4) Roadway / Railway Underpasses. A report was prepared that provided guidelines on the When and Where of structure placement, but also on specific "hard" design criteria such as structure height, width and clearance; cross -slope and grade; cross -street accessibility; entrance / exit radii; and drainage. In addition, other "soft" design issues such as landscaping, lighting, wildlife movement, wall treatments, rest benches, artwork and security issues were included. Constructability, and the maintenance and operation of the structures were addressed in the document. Mason Transportation Corridor Bicycle and Pedestrian Trail Managed the design of approximately 3-1 / 2 miles of bike / pedestrian trail that provides a vital north / south trail link in the south part of the City between the Spring Creek and Fossil Creek Trails, both east / west facilities. The Mason Trail will be constructed primarily within the rights -of -way of the Burlington Northern & Santa Fe Railroad, the New Mercer Ditch Company and in an easement obtained from Colorado State University. Trail features included a 12 - foot wide concrete trail with 2 -foot soft shoulders, several pre -fabricated bridges that cross the Redtail Pond, the New Mercer Ditch and the Larimer County No. 2 Canal, and a trail -head parking lot with such urban design features as an information kiosk, water fountain and rest benches. Unique design challenges included identifying and mitigating existing wetlands, developing drainage plans to mitigate New Mercer Ditch lateral alignments, and identifying and mitigating large caliber trees along the corridor. US 287/ South College Avenue Bicycle Lane Project Working in concert with the City of Fort Collins, CDOT and the North Front Range MPO, created a Vision Plan and Conceptual Design of bicycle facilities for the segment of US 287 between Carpenter and Harmony Roads. This project evaluated ways to minimize corridor impacts and construction costs that resulted in a plan to utilize existing roadway shoulders to develop bike lanes along the project corridor. A Shared Lane pavement marking symbol was Richard R. Follmer, PE, PTOE Senior Transportation Engineer used to identify locations where both motorists and bicyclists are permitted to use the shoulder area. Permission was obtained from the Federal Highway Administration to experiment with this concept. Before and after studies were utilized to document the success of this concept. Transportation and Corridor Plans Black Hawk Transportation Plan Developed the City's transportation plan that recommended short-term and long-range improvements for the transportation infrastructure focusing on increasing capacity and improving circulation for vehicular traffic, while also recommending curb ramp, signing, striping, and guide railing upgrades to increase pedestrian safety along the main travel corridors. Transit system recommendations were also developed that included expanding the existing shuttle bus route and number of stops, implementation of a trolley system along Main street and consideration of alternative transit options to reduce daily vehicle -trips to / from the City. Town of Windsor Transportation Study Conducted a study of transportation issues within the Town's Growth Management Area that included changes to street classifications and cross -sections, access management along State Highway 392, recommendations for alternative truck routes to remove heavy truck traffic from the downtown core, improvements to pedestrian crossings, and suggestions for installing traffic calming techniques to reduce vehicle speeding in critical areas. 16th Street Corridor Study Evaluated short-term and long-range improvements for a centralized corridor of residential, school, medical and business land uses along 16th Street in the City of Greeley. Travel characteristics, pedestrian / vehicle safety, parking, bike route and access management improvement alternatives were evaluated. Public workshops and Community Advisory Committee meetings were held to obtain resident / user comments on critical issues within the corridor. North College Avenue Improvements - Phase I Developed and evaluated several alternatives for the conceptual design of roadway, drainage, signing and traffic signal improvements along North College Avenue. The project includes a palette of pedestrian, bicycle and streetscape improvements to beautify the corridor by continuing the character of Downtown Fort Collins northward toward the Cache La Poudre River, while accommodating semi -truck traffic along the state highway system. The project implemented and built upon the access management recommendations of the U.S. 287 / S.H. 14 Access Management Report by installing raised and landscaped medians, and by restricting and / or combining access points where appropriate. An extensive public involvement effort with the business and property owners were held in both an open house format and at business establishments, in conjunction with presentations to City Council and Transportation Board. East Mulberry Corridor Plan Prepared the transportation system component of the East Mulberry Corridor Plan, documenting the existing roadway network, street functional classification system and the intersection traffic control of the corridor, while also modeling projected travel demand. The modeling efforts included initial assessments of two land use concepts. For each concept, a summary of household and employment projections for the Year 2020, the proposed roadway classifications and the number of through travel lanes were coded into the transportation model to evaluate traffic volume projections on the local street network. A recommended roadway plan was developed from the initial modeling results and was refined to reflect the recommended plan. The refined model was used to generate daily traffic volume projections that were used to evaluate roadway classifications for the proposed transportation network. Jeffrey M. Ream, PE, PTOE Senior Transportation Engineer - Traffic Calming Education B.S., Civil Engineering, University of Washington, 1992 Registrations and Certification Professional Engineer — Colorado, Washington, Wyoming Professional Traffic Operations Engineer - Colorado Background Mr. Ream has 15 years of experience in the fields of traffic engineering and transportation planning. He is an experienced project manager for engineering, planning, and travel demand modeling projects, and has worked in support roles on transit planning projects. He has developed quantitative service -analysis models for traffic operations and has developed survey tools and methodologies for transportation -related data gathering. Project Experience University Place On -Call Services: Alameda Neighborhood Traffic Calming With a prior employer, recommended a system of traffic calming improvements designed to reduce the volume of cut - through traffic in a neighborhood between two north -south arterials. Included a system of low-cost improvements such as stop signs at previously uncontrolled intersections, and identification of locations for more intrusive measures such as speed humps should the low-cost improvements prove ineffective. Kitsap County Greenways Plan. Prior to joining FHU, prepared a county -wide pedestrian, equestrian, and bicycle trails plan for Kitsap County, Washington. Developed an on -road bicycle facility plan, and assisted a landscape architecture firm in the evaluation and cost estimation of other potential trail facilities. Steamboat Springs Area Community Plan Update, Steamboat Springs, Colorado Prepared the transportation element of the Steamboat Springs Area Community Plan Update, including assessments of existing traffic operations, parking conditions, and the transit system. Developed 5 -year, 10 -year, and buildout travel demand forecasts for several roadway improvement and transit system scenarios. Developed a multi -modal set of transportation improvement recommendations and strategies to implement those improvements. Teton Village Resort Master Plan Expansion, Jackson Hole, Wyoming Assessed the traffic and transit impacts associated with the expansion of the Teton Village Resort in Jackson Hole, Wyoming. Developed resort -specific trip rates for employees, village guests, and day visitors based on information collected for the previous resort master plan and from travel data collected by the resort. Assessed the impacts to the surrounding road system of expanding the bed base at the village, providing employee housing, and limiting the parking supply for employees and day visitors. Hay Meadow Parking Lot Analysis, Jackson Hole, Wyoming Working with the Jackson Hole Mountain Resort, conducted an assessment of impacts on traffic volumes on the adjacent road system both with and without a 600 -space lot at the resort. Included an assessment of the impacts on transit ridership to and from the remote lot where vehicles would park if the parking spaces were not provided at the resort. Jeffrey M. Ream, PE, PTOE Senior Transportation Engineer Bus Stop Safety Study, Steamboat Springs, Colorado Conducted an assessment of safety conditions at six bus stop locations along US 40 and Pine Grove Road in Steamboat Springs. The project included sight distance and crossing time assessments at each locations, with the recommended improvements centering on relocating stops to safer locations nearby. At one location, a mid -block pedestrian refuge island was recommended to shorten the crossing distance on a higher -speed section of US 40. Mt. Werner Circle Traffic and Circulation Study, Steamboat Springs, Colorado Conducted an assessment of traffic and circulation on Mt. Werner Circle at the base of the Steamboat Ski Area. The assessment included level of service analyses at two key intersections under four alternative roadway scenarios, with the recommendations focusing on pedestrian and roadway improvements designed to create a more pedestrian - friendly environment while maintaining good traffic flow for passenger vehicles, shuttle buses, and transit coaches. Teton Village Resort TDM Monitoring Program, Jackson Hole, Wyoming Monitoring the traffic and transit levels at the Teton Village Resort in Jackson Hole, Wyoming to ensure congestion on the surrounding road system is in compliance with levels outlined in the Resort Master Plan Conditions of Approval. Includes bi-annual sampling of roadway traffic volumes, transit ridership, skier visits, parking usage, and resort buildout levels, as well as extensive surveying of guests and employee travel habits. Inverness LRT Station Pedestrian and Transit Study, Arapahoe County, Colorado Working with the Inverness Metro District, developed several conceptual designs for the east side of the Dry Creek LRT Station Pedestrian Overpass that would 1) create a more inviting pedestrian experience between the highway and Inverness Drive West; 2) better integrate the RTD call -and -ride service for the north Inverness area; and 3) provide a convenient connection to the potential residential/mixed use properties on the east side of Inverness Drive West. The selected design extended the enclosed bridge structure along the north side of the Tri Net parking garage to a landing on the west side of Inverness Drive West, where stairs and an elevator lead down to a new transit center on the Tri Net site. The transit center included bus bays for up to four call -and -ride vehicles and heated shelters so that passengers could wait in comfort for the buses to arrive. Town of Hayden Roadway Improvement Study, Hayden, Colorado Assessed the impacts on the local roadway system of several large new developments south of the Town of Hayden, and identified several roadway improvement projects and new roadway alignments that would address future traffic problems created by this growth. The work included analyses conducted in five-year increments that identified incremental roadway improvement steps based on each development's buildout schedule. Brighton General Improvement District (GID) Plan, Brighton, Colorado Prepared the transportation element of the Brighton General Improvement District plan for a large planning area south of the City of Brighton. The project included developing a travel demand forecasting model based on the DRCOG model for the area, projecting year 2025 traffic forecasts, assessing two preliminary roadway network scenarios and a recommended roadway plan, and providing cost estimates for all roadway improvements, plus a list of near -term projects that would represent the first steps toward implementation of the ultimate road system. New Lands Transportation Plan, Commerce City, Colorado Developed a transportation plan for a newly adopted growth area of Commerce City near the Denver International Airport. Included development of functional classification standards, roadway cross-section standards, and roadway access standards. Also included development of a travel demand model for the area based on the DRCOG regional travel demand model, and an analysis and recommendation of the preferred alignment for a new north -south arterial through the area. Robert M. Seams, AICP specializes in trails, greenways, bicycle and open space projects. He was Project Director of Denver's Platte River Greenway and developed the national award -winning Mary Carter Greenway in Littleton, CO. Bob has a 30 -year proven track record in project planning and development and has worked with communities to implement and manage their projects. He has been an instructor and advisor for the Urban Land Institute and American Planning Association mayor's conferences, National Park Service, the National Recreation and Park Association, American Rivers, and the National Rails to Trails Conservancy. He serves as National Chair of the Board of Trustees of American Trails, Inc. —the nation's leading recreational trails advocacy organization. He has written articles and editorials for Landscape Architecture Magazine, Planning Magazine, The Kansas City Star and other publications and has conducted workshops in the U.S. and abroad. He co- authored Greenways: A Guide to Planning, Design and Development and Trails for the Twenty First Century (Island Press) and contributed to Greenways (Elsevier Press). The Island Press Greenways book won a National Merit Award from the American Society of Landscape Architects. He is also been a manuscript reviewer for Island Press Selected Relevant Projects a Project Director for the $ 10 million, 10 -mile Denver Platte River Greenway and the $4 Million, 8 -Mile Mary Carter Greenway. Included planning, raising funds, overseeing design and partner coordination. The Denver project won the 2001 Bruner Foundation Award for Urban Excellence and the Mary Carter project won the American Planning Association's National Topic Award and the national 2004 Twenty First Century American Places Award ▪ Authored the Commerce City, CO Prairieways Action Plan that set the future direction of parks, greenways, trails, and bicycle/pedestrian systems in the 43 square miles west of Denver International Airport. The project includes trails accessing the Rocky Mountain Arsenal National Wildlife Refuge. ▪ Developed the plan for a metro -wide open space and trails framework for Greater Las Vegas, NV including "Vias Verde, Las Vegas" —to permanently preserve the unique mountain/desert backdrop of the nation's fastest growing community. Also assisted in Assisted in master planning the Clark County Wetlands Park —an award - winning desert multi -use trails and wetland interpretive area plan for Las Vegas Wash that runs between the City of Las Vegas, NV and Lake Mead. ▪ Master planned and led development of the Witherspoon Trail and Greenway in Louisville, KY for the owner of Papa John's Pizza Corporation. Assisted the Community Foundation for Southeastern Michigan in implementing a Metro -wide greenway plan for the Greater Detroit Region. ▪ Facilitated an organizational effectiveness workshop for the Michigan Environmental Council a statewide advocacy group representing over 70 environmental organizations in Michigan. • Master Planned a 50 -mile reach of the Colorado River in Western Colorado to provide trail and water recreation and preserve an open space legacy in the face of rapid oil and gas development in the region. ▪ Master planned and developed the Morrison, CO Bear Creek Trail and Greenway. Raised over $3 Million. Secured right of way and coordinated construction for this trail through extremely challenging terrain. • Developed the Lockheed Martin Discovery Pavilion, Littleton, CO (Now the Audubon Center). The project is at the juncture of the High Line Canal Trail, The Platte River Greenway and the Colorado Trail. Raised funding for this $ 750,000 project. Winner Jefferson County Design Excellence Award. • Master planned and helped develop the Commerce City, CO Sand Creek Greenway including master planning, right-of-way, fundraising and construction management. Greenway goes through an oil refinery area and "Brownfield" conditions. Directed raising over $2 million. Winner of the Colorado Chapter American Society of Landscape Architects Planning and Stewardship Award. ▪ Conceived of, planned and implemented 10,000 Trees-- a river corridor re -vegetation and wetland restoration project involving 3000 volunteers along the South Platte River in Littleton, CO. Raised over $250,000. ▪ Master planned Blue River Corridor and Trail Action Plan for Silverthorne, CO. Authored parks, trails, open pace, and riverfront economic development master plan for this mountain resort community. ▪ Master planned Colorado Springs, CO Greenway and citywide trails system. ▪ Master planned and is currently developing the Big Dry Creek Greenway in Englewood, CO linking the High Line Canal with the South Platte River. Negotiated right of way and raised over $ 1 million. n Assisted the City of Arlington, TX in the creation of the Johnson Creek Greenway Master Plan. • Consulted with the Kansas City Metro Green Project (Metro Area Regional Council of Governments) and helped develop a bike/pedestrian system and maintenance guide for the Kansas City Riverfront Heritage Trail • Planner and development consultant for the Grand Canyon Greenway, a bicycle and pedestrian alternative to traditional auto access for Grand Canyon National Park. ▪ Master planned an award -winning project for Pierre, SD Missouri River frontage. ▪ Authored a river corridor and canoe recreation master plan for the Fox River in Kane County, IL and assisted in greenway planning for Salt Creek (DuPage County) and the Chicago River. ▪ Assisted the City of Orange, CA and Orange County, CA citizens in trail and greenway planning for Santiago Creek in the Metro Las Angeles area. • Prepared trails and open space plans for Jefferson and Arapahoe Counties, CO, Pueblo, Colorado Springs, Silverthorne, Grand Junction, Castle Rock, Canon City, Jackson Hole, WY and other communities around the North America. ▪ Assisted Colorado State Parks with a management concept for the Upper Arkansas River Corridor that helped transfer of management along the Arkansas from U.S. BLM to Colorado State Parks. ▪ Consulted with Greater Orlando, FL planners, resort operators and developers including Disney "Imagineering" staff, and others that including a possible long distance trail/paddleway from Orlando to Lake Okeechobee, potential of a trail and greenway system for Walt Disney World and other components for Orlando and the larger region. ▪ Currently developing a digital statewide comprehensive recreational trails and open space mapping system for Colorado under contract with the Colorado State Parks Trails Program. :41 I I livansitPlus Moving People & ideas RESUME SUZANNE M. O'NEILL Principal Suzanne O'Neill has thirty years experience in transit planning and management. She is able to apply extensive experience to provide clients with effective, workable solutions to their problems. She is experienced in the evaluation of public transportation systems, from both an operational and financial perspective. Ms. O'Neill has a strong administrative, operations and planning background, excellent organizational, analytical, and personal skills. EXPERIENCE Transportation Consultant 1988 - Present Principal of TransitPlus, Inc., a Colorado firm specializing in planning and management of public transportation systems. Ms. O'Neill has prepared a wide variety of short and long- range transit development plans, regional transportation plans, and has carried out transportation planning activities for a variety of small -to -medium-sized transit systems. She is familiar with public and human service transportation operations, including resort transit operations, having worked across Colorado. Clients include Greeley and Weld County, Larimer County, the Denver -Boulder Metropolitan Area, Castle Rock, Colorado Springs, Pueblo, Vail, Avon, and Eagle County, Grand Junction, Steamboat Springs, Craig, and Moffat and Routt counties, Winter Park, and Durango. Recent projects include: • Douglas County Transit Solutions. Team lead on a project to identify transit resources in Douglas County and to identify how to begin to improve the utilization of these resources through the establishment of a local coordinating council and services oriented towards meeting travel needs to the County seat. • Larimer County Rural Transit Plan / NFR MPO Coordination Plan. Two projects were carried out simultaneously to make effective use of resources. A plan for developing rural transit services in Larimer County, with a focus on collaboration was prepared. The Larimer County preferred options became a part of the Coordinated Public Transit Human Services Transportation Plan prepared for the North Front Range region. Follow- on work has included preparation of grant applications and a program management plan. (2007) • San Luis Valley Service Planning. Suzanne O'Neill was the principal planner developing a coordinated regional transit system for the six county region. This work is focused on developing and implementing a system that will meet regional and long-distance travel needs for public transit and medical transportation. • Town of Castle Rock Phase II Planning Study. Suzanne O'Neill is leading the planning team that is developing a long-range strategic plan for transit services and a ten-year implementation plan for the selected alternative. (2007) • Colorado Intercity Bus Policy Plan. Suzanne O'Neill assisted on a team led by RAE Consultants. She was responsible for identifying the regional transit services and needs. Suzanne M. O'Neill Page 2 Transportation Specialist. Colorado Department of Transportation 1987 Conducted an internal review of the transportation grants administered by CDOT in preparation for final audits and close-out. Was instrumental in establishing grant management system and training CDOT employees in its use. Transportation Director. Steamboat Springs, CO 1981 -1986 Responsible for all aspects of starting up a new local bus system. Duties included general administration, hiring, training and safety, and disciplining employees; budget preparation and monitoring revenues and expenses; grant management; purchasing; planning; marketing; working with the City Council, Transit Advisory Committee, community leaders, and citizens. Managed projects involving construction of a maintenance and operations facility, and purchase of buses and related equipment. Transit Manager, Salinas, CA 1978 -1981 Responsible for the administration, operations, and maintenance of a small municipal bus system. After analysis showed it was far more costly to operate the Salinas Transit System as a separate entity, negotiated a merger of the system with a neighboring system. The combined system is known as the Monterey -Salinas Transit System. Transit Analyst, Monterey CA 1977 -1978 For each of the transit systems in the region, developed information required in the Short -Range Transit Plan and assisted in the preparation of this document; set up the National Transit Database collection system and collected all National Transit Database statistics. EDUCATION B.A., June - 1976 in Social Ecology at the University of California, Irvine Campus. Emphasis in Planning and Public Policy. PROFESSIONAL ORGANIZATIONS Was a founder of the Colorado Association of Transportation Agencies (CASTA), serving as president for two years. Currently a member of CASTA and the Transportation Research Board. engineering paths to transportation solutions 6300 S. Syracuse Way, Suite 600 • Centennial, CO 80111 • 303.721.1440 tel • 303.721.0832 fax www.fhueng.com AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK PHASE I - INFORMATION GATHERING 1. Data Compilation and Collection During the initial phase of the project, we will conduct input sessions with Town staff, identify and compile available data and materials, and determine any additional data collection needs. Specific tasks include: a. Traffic Counts We will conduct AM and PM peak hour intersection turning movement counts at key intersections within the Town of Avon. These counts will complement the traffic counts that the Town conducts every July (available on the Town's website). For consistency, we will coordinate with staff to ensure our counts are conducted during the same period as the Town counts. Since US 6 is a State highway, we will compile any traffic volume data available from CDOT. The CDOT data may help in determining seasonal variations in traffic patterns; we will also compile seasonal data from our previous traffic engineering efforts in the area, such as: ► US 6 and 1-70 G Corridor Feasibility Study ► Eagle County Road Capital Improvement Plan ► Any recent traffic studies submitted to the Town b. Roadway Physical Characteristics A windshield survey of all roads within Avon will be conducted to establish physical characteristics such as: ► Number of lanes ► Intersection geometry ► Traffic control ► Speed limits ► Access issues ► Sight distance limitations We will also collect inventory data on pedestrian and bicycle facilities, transit stops, and any existing traffic calming measures. In addition to the windshield survey, Eagle County's GIS website is an excellent resource for obtaining transportation inventory information; we have made use of this resource for other projects in the area. c. Traffic Reports and Land Use Data As noted in the Request for Proposal (RFP), a number of traffic reports are available for pending developments in Avon, which the Town will provide to the consultant. In addition, the Planning Department will provide land uses and densities for use in calculating future traffic volumes. During this phase, we will also collect data on the current parking supply within the Town. We IP FELSl3URG HOLT & ULLEVIG Revised 6/13/08 Page 1 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK will compile the data, review for completeness, and coordinate with staff on any gaps or additional data needs. d. Transit Operations and Pedestrian/Bicycle Plans The FHU team will document existing services, fleet, and facilities providing transit services in the Town of Avon, including those operated by the Town of Avon and by ECO Transit. The team will identify, by season, the routes, headways, and ridership. We will identify areas where there may be existing capacity issues. The team will also document coverage of ECO Transit service as compared to the Town of Avon's service. The role of the Riverfront Express Gondola in the overall passenger transportation network will also be documented. Other activities include identifying proposed new services, including passenger rail; collecting ridership data and estimating mode share by season for current conditions, as well as assessing the role of the transit system in serving employee and visitor trips. For the Town of Avon fleet, the team will identify age, condition, and replacement schedule for vehicles. For the operations facility, we will identify capacity parameters for existing facilities, including transfer stations, stops, and shelters as well as identifying the timing to expand facilities. Finally, the team will identify any situations where the pedestrian / bus interface has created safety issues or where improvements will be needed to encourage more pedestrian trips. With respect to trails, our efforts will also include a field inventory of existing facilities in Avon. We will coordinate with Town staff to obtain any information for future pedestrian or bicycle enhancements, including: ► Connections to regional facilities (eco trails) ► Hazardous pedestrian locations ► Maintenance or operational challenges Phase I Deliverables: A Technical Memorandum that provides a "snapshot" of current transportation facilities in Avon. Ultimately, this will be converted into a report chapter. PHASE II - PRELIMINARY PLANNING 1. Analysis of Existing Conditions The collected and compiled data will form the basis for an in-depth assessment of existing conditions in Avon. A representation of the roadway system will be developed using SYNCHRO, a computerized traffic analysis tool. Transit data will be reviewed relative to current operations, and the connectivity of the existing bicycle/pedestrian system will be evaluated with respect to being a multi -modal system. A public open house will be held to present the data collected and preliminary findings, and to incorporate public input into the project. Specific tasks are as follows: IPFELSBURG ' HOLT & ULLEVIG Revised 6/13/08 Page 2 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK a. Traffic The existing roadway laneage, intersection geometry, and traffic control will be incorporated along with existing traffic count data into a SYNCHRO network. We will then conduct Level of Service (LOS) analyses to identify locations of existing deficiencies based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. The roundabouts will be analyzed using Sidra and Rodel to determine any existing operational issues. (When preparing the Vail Transportation Plan, we used Sidra, but adjusted analysis parameters to validate its results against actual delay measurements and to represent winter conditions.) Roadway, intersection, and traffic control improvements will be identified to mitigate any current capacity deficiencies. b. Transit We will review the available data of existing operational conditions and transit ridership levels. Service measures will be calculated and any existing areas of deficiency will be identified. The FHU team will help identify transit level of service standards for local and regional corridors in transit- served areas, based on transit service coverage and route frequency standards from the Transit Capacity and Quality of Service Manual. This effort will identify service development standards to determine the trigger points when additional services or a transition to a higher level of service would be needed. We will identify bus stop standards, including bus stop information, and where shelters may be appropriate, as well as identify standards for fleet replacement and transit maintenance/operations facility requirements. Further, the team will assess the nature of the system's current funding program. Holly and Suzanne are specialists in this area. c. Trails As previously noted, our inventory efforts will include existing pedestrian and bicycle facilities, including trails and sidewalks (along the major corridors only). Opportunities, resources, and constraints will be identified. We will evaluate the existing system with respect to: ► Connectivity and continuity ► Connections to other modes of travel Deliverable: An existing conditions technical memo that will become a chapter in subsequent reports. 2. Analysis of Future Conditions Forecasts of future traffic conditions in Avon will be developed using TRAFFIX, a computerized traffic analysis tool. TRAFFIX will allow us to project future travel demand by applying future land use data, generating and distributing trips, and adding background growth to account for regional trends. Recommendations for roadway and intersection improvements, intersection capacity requirements, and potential new roadways will be developed. Future transit infrastructure and route requirements will be evaluated along with potential pedestrian and trail system enhancements. A parking analysis will be conducted relative to pmFELSBURG HOLT & ULLEVIG Revised 6/13/08 Page 3 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK future land use forecasts to determine build -out demand, and the potential for on -street parking will be evaluated relative to supporting Town Center development and potential impacts on roadway capacity. Preliminary Opinions of Probable Cost will be developed for the identified future improvement recommendations. Specific tasks include: a. Traffic Based on available Town of Avon traffic counts, supplemental counts, available CDOT data, traffic patterns for both Summer and Winter peak seasons will be estimated. A model of Avon roadways will be developed using TRAFFIX, based on Town of Avon land use plans, corresponding peak season trip generation estimates for build -out conditions will be calculated and assigned to the TRAFFIX network. Increases in background (through) traffic will be estimated from regional growth trends and incorporated into the model. Through this, we will develop long term traffic forecasts along key roads and at critical intersections throughout Avon. Through LOS analyses using SYNCHRO, future deficiencies will be identified based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. Potential improvements will be identified and evaluated based on the same LOS criteria. Roundabout operations will be analyzed using Sidra and Rodel to determine any potential improvements or modifications to the existing roundabouts along Avon Road. We have adjusted parameters within Sidra that have validated results for snowy conditions, which we recently used to analyze roundabouts in Town of Vail; this tool will help us better understand future traffic conditions in Avon during the peak ski season. As a separate task, we will conduct analyses to break out specific traffic impacts and potential improvement requirements associated with the Town Center West and Town Center East redevelopment plans, as well as continuing development of the Village at Avon. Preliminary Opinions of Probable.Cost will be developed for the identified improvement recommendations, based on the intact unit cost data (adjusted for Eagle County). b. Transit Based on the available data of existing operational conditions, anticipated land uses, and through close coordination with the Town's transit staff, future transit ridership levels will be estimated for winter and summer seasons. Levels of service will be calculated and potential areas of future deficiency will be identified. Where route or schedule improvements are needed, an evaluation of potential improvements will be conducted and appropriate recommendations will be developed. The transit service plan will be developed working closely with town staff and the traffic analysis modeling effort. Our purpose will be to identify the level of transit service necessary to meet the Town's objectives for emphasizing alternative modes of transportation. This level of service will need to work well with the roadway network and overall movement of vehicles, have an effective interface with pedestrian and bicycle movements and parking, and be achievable from a fiscal and operational standpoint. 'FELSBURG HOLT & ULLEVIG Revised 6/13/08 Page 4 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK Based on the existing conditions work and an evaluation of land use, employee residential data, and the connectivity of proposed regional services, the team will develop conceptual alternatives and the potential share of trips that could be served by these transit alternatives. At the Preliminary Transportation Plan stage, the transit portion of the plan will include planning level recommendations for transit route changes including how they are expected to evolve over time. This will include an assessment of providing service to the Wildridge area located north of 1-70. A range of transit services (high and low) will be presented so the Town can consider if a high or low level of investment and mode share should be used for the final plans. The preliminary transit plan will also include service frequencies by season, ridership levels, cost (per hour, per passenger, and 10 -year total), capital project recommendations (fleet, facilities, stops & shelters, and technology options), and service development standards to indicate when services should be expanded. The consultant team will analyze potential funding options for establishing a dedicated revenue stream and will identify policy positions that would support the development of transit services over time, including relationships with regional and 1-70 corridor efforts as well as local activity (ski area and development). The team will identify issues and solutions that can be considered so that public comment can be considered prior to completion of the final plan. The transit consultant will also participate in public meetings and the work session for the Town Council and Planning and Zoning Commission. Based on comments received from the Town Council, staff, and public, the final plans and standards for the transit mode will be refined as part of the Final Comprehensive Transportation Plan. While integrated with the plan, the transit component will also be documented in a separate chapter of the report entitled "Strategic Transit Plan", allowing a stand-alone document for the purposes of pursuing funding. c. Parking For many mountain communities, balancing parking requirements with competing needs of development is a challenge. Potential concepts to provide on -street parking on several Town roadways, including West Beaver Creek Boulevard, East Beaver Creek Boulevard, and Benchmark Road, will be evaluated relative to traffic carrying capacity requirements. Parking demands will be estimated from parking rates currently used by the Town and national standards (such as ITE and ULI), and the demand estimates will incorporate shared parking concepts. d. Trails As previously discussed, our efforts will include an evaluation of missing links or other deficiencies in existing pedestrian and bicycle facilities in Avon. An evaluation of three potential future pedestrian corridors to serve impending development will be included. W will also conduct an analysis of the potential usage levels of two potential pedestrian enhancements currently under consideration by the Town: ► A pedestrian bridge over Avon Road ► A tunnel under 1-70 linking Metcalf Road to West Beaver Creek Boulevard 'FELSBURG HOLT ULLEVIG Revised 6/13/08 Page 5 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK 3. Traffic Calming Based on discussions with Town staff, and on our roadway inventory efforts, we will assess up to two locations where traffic calming methods may be appropriate to mitigate pedestrian safety issues, cut -through traffic concerns, or high vehicle speeds. In each location we will review: ► The nature and magnitude of the traffic issue ► Any physical constraints in the area (sight distances, side slopes, etc.) 4. Preliminary Transportation Plan Based on the Future Conditions analyses and resultant improvement recommendations for roadways and intersections, transit, and pedestrian / bicycle facilities, a comprehensive list of improvements by mode will be developed. A series of maps will be prepared to illustrate the different modes of travel and how they interface with one another. The list will include preliminary opinions of probable cost for each improvement. Short-term (within five years) need projects will be identified based on need, ease of implementation, cost -to -benefit comparisons, and other potential criteria as directed by Town staff. Only immediate needs projects will be called out. 5. Potential New Town Standards a. Roadway Cross -sections While conveying traffic and providing access are fundamental purposes for roadways, there are numerous other considerations that roadway facilities must serve. Considerations in designing roadways must also take into account: ► Traffic levels and speed ► Access needs ► Turn Lanes ► Right-of-way ► Bicycles ► Pedestrians ► Parking ► Drainage ► Snow storage ► Aesthetics/landscaping ► Maintenance Each of these should be a consideration in developing a set of road standards, and the level of accommodation of these items can vary depending on a road's functional classification and the specific surrounding settings. The intent of established road standards is to be able to apply the 'FELSBURG HOLT & ULLEVIG Revised 6/13/08 Page 6 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK appropriate road with appropriate characteristics for the intended purpose and surrounding environment on a fairly consistent basis. Through our experience working with numerous municipalities and counties and in conducting our own research on the subject, FHU has the technical background to assist the Town in developing street standards; we've previously guided clients through this process. Specific tasks will include: ► Ascertain the critical Town considerations. Critical items will likely vary by functional classification and environmental setting. ► Provide guidance with respect to each possible element (listed above) that should be considered within the context of a roadway's classification and setting. We have conducted research in the past on this topic for other agencies, so we are well positioned to bring this knowledge into developing cross-sectional standards for Avon ► The RFP lists two groups; mountain and urban. We will only use these groups to establish standards. Identify the characteristics and/or dimension of potential elements (listed above) that would make up a particular classification's cross-section. ► Produce a draft set of roadway cross-sectional standards for Town consideration and discussion. Present these at a progress meeting with staff for discussion and obtain feedback. ► Adjust the cross -sections based on Town staff review, and present the final set of classifications to the Town Board for eventual adoption. ► Document the process toward developing these standards that will be provided as a memorandum first and part of a report chapter later. b. Traffic Impact Study Guidelines Traffic impact studies are typical prepared where new development or redevelopment is being considered. Their intent is to provide insight as to the level of traffic increase that might be expected from the development as well as identify roadway and intersection improvements required to safely and efficiently serve the traveling public. Establishing standard guidelines will greatly ease the review process of traffic studies. With a set format, reviewers can quickly peruse a study for the key considerations including: ► Relative traffic impacts ► Potential traffic operations ► Access appropriateness ► Needed improvements ► Associated responsibility of improvements of the development in question FHU performs more than 150 traffic studies annually. We have been exposed to many jurisdictions' traffic study guidelines, and we have developed an excellent sense of key IP FELSI3URG HOLT & ULLEVIG Revised 6/13/08 Page 7 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK considerations. FHU staff have helped other agencies develop and refine their traffic impact study guidelines. Specific tasks associated with this include the following: ► Discuss critical considerations with Town staff as to items of inclusion in the standards. One item of consideration is to tie traffic study needs to the appropriate development appeal process (zoning, plat, development plan, etc.). Also, a protocol should be established with respect to staff -consultant coordination prior to any analysis being conducted. ► Establish general criteria as to when a study is needed. This could still include language to require a study if a peculiar issue needs to be addressed even if criteria are not met. ► Provide guidance as to the level of detail needed in a study, geographically and analytically. Potentially, some studies may only need to analyze a specific concern and these can be shorter, more focused reports. ► Provide guidance on traffic study parameters allowed in preparing the study. This will include items such as internal trip -making and pass -by adjustments. However, it will also need to be recognized that unique situations may warrant using unique parameters in the study, provided that the consultant can provide the necessary support. ► Establish criteria to evaluate the appropriate season. Both summer and winter seasons can experience high traffic levels within Avon. ► Determine when a safety assessment is needed. This may be primarily based on specific safety issues that are well known and need addressing. ► Spell out the preferred structure of a study to allow reviewers to quickly review for critical information. Perhaps some flexibility can be afforded the consultant, but stipulating a structure will help review each and every traffic study submitted to the town as reviewers will become used to a given format. ► Develop a set of draft standards for the Town to consider. Present these at a progress meeting and allow Town staff to review and respond. ► Finalize the standards and present to the Town Board for adoption. Phase II Deliverables: Technical Memorandums will be prepared for Future Conditions, Traffic Calming, and Town Standards in the preliminary transportation plan. These memos will then be incorporated as chapters in a draft report, summarizing the data collected, the analyses conducted, and the resultant findings. The draft document will clearly show: ► The anticipated traffic impact from potential development or redevelopment ► The necessary transportation improvements needed to safely accommodate future demand at acceptable operational levels ► An opinion of present-day probable costs for the identified improvements PI FELSBURG ' HOLT & ULLEVIG Revised 6/13/08 Page 8 AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK ► A project prioritization schedule to assist the Town in developing a Capital Improvement Program ► Traffic Impact Study Guidelines and Town Roadway Cross -Sectional Standards The draft report will be submitted to the Town for staff review and comment. PHASE III - FINAL COMPREHENSIVE TRANSPORTATION PLAN Following the Town's review of the Preliminary Transportation Plan, we will compile all comments from staff and the Avon Town Council. Edits, as appropriate, will be made and further coordination with staff will take place toward the Final Comprehensive Transportation Plan. Upon acceptance by staff, we will make one presentation to the Planning & Zoning commission and one to the Town Council (a total of two work sessions). With Council's approval, the Final Comprehensive Transportation Plan can then become a part of the Town's new Comprehensive Master Plan. Phase 111 Deliverables: Final Comprehensive Transportation Plan Report will be prepared. 10 hard copies plus electronic versions (doc and . pdf) FELSBURG HOLT & ULLEVIG Revised 6/13/08 Page 9 z Q�I z O O cJ� E-4 z<4 La [4 E_, GA GA Z O O O Q y VO _ O O I- O N O Z a. Data Collection 6 8 24 12 4 2 16 a) N O Z a $29,212 L $53,386 $1,575 CD CO 663 $21,620 $4,620, a) H O t a $14,418 O N— ie) O ti 69 tO 0)... n- 40 Other Direct Costs Traffic Counts $ 4,400 Auto Mileage $ 2,000 Reproduction and Graphics Materials $ 1,000 Miscellaneous $ 1,500 $ 8,900 Grand Total $190,858 Cost Breakdown by Firm: FHU $143,485 TransitPlus $ 38,448 Greenway Team $ 8,925 Total $190,858 7 O I CCU 2 Greenway Team Trails Planner $159.50/Hr. CO CO CO CO • TransitPlus Transit Planner $125/Hr. O CD 142 34 CD CD ' CO 294 Felsburg Holt & Ullevig Admin. $65/Hr. Tr N •— 4 d' 4 CO N 31 Designer IV $90/Hr. 12 CON CO O 01 szt 121 2 CO Engineer II $90/Hr. O) CO CO N 30 M 406 Engineer V $125/Hr. 64 134 N O CO 03 CO CO CT O 458 Sr. Engineer $135/Hr Co Ci0 Co Ci0 CD 46 Principal $160/Hr. CO 24 CO O) N N— CO N- 170 -V U) CC H I 1. Existing Conditions Analysis 2. Future Conditions Analysis 1 I 3. Traffic Calming I 4. Preliminary Transportation Plan I 5. New Town Standards I 6. Strategic Transit Plan Chapter Final Comprehensive Transportation Develop Stand Alone Transit Chapter I Progress Meetings, Hearings I Total Man Hours Revised 6/13/08 Attachment C FELSBURG HOLT & ULLEVIG engineering paths to transportation solutions June 18, 2008 Mr. Justin Hildreth, P.E. Town Engineer Town of Avon 400 Benchmark Road Avon, CO 81620 Re: Agreement for Professional Services Town of Avon Comprehensive Transportation Plan Avon Project No. CIP 79106 Dear Mr. Hildreth: Felsburg Holt & Ullevig is pleased to submit this Agreement for Professional Services to prepare the Town of Avon Comprehensive Transportation Plan. Our team is excited to have been selected for this assignment, and we are ready to start on your notice to proceed. The following attachments define the agreement between the Town of Avon (the Client) and Felsburg Holt & Ullevig (the Consultant): Exhibit A — Terms and Conditions for Professional Services: The attached Terms and Conditions have been extracted from the Request for Proposals (RFP) issued by the Client on April 24, 2008. Exhibit B — Scope of Services: The Scope of Services includes all work tasks and project deliverables as recently negotiated between the Client and the Consultant. Exhibit C — Project Schedule: The Project Schedule identifies major tasks and project milestones for an approximate 11 month period ending in May, 2009. Exhibit D -- Compensation for Services: The Consultant will be compensated on a "time and materials" basis, not to exceed $190,858.00. Exhibit D includes a summary table of man-hours and associated costs for major project tasks, as well as the Consultant's Master Fee Schedule. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.fhueng.com info@fhueng.com Mr. Justin Hildreth, P.E. June 18, 2008 Page 2 We trust this Agreement meets your needs and expectations for this important project. If you have any questions, please do not hesitate to call. If this Agreement meets your approval, please sign below where indicated and return a copy for our records. Sincerely, F bjgHilt&Ullevig Charles M. Buck, PE, PTOE Senior Transportation Engineer IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day, , 2008. CLIENT: CONSULTANT: TOWN OF AVON FELSBURG HOLT & ULLEVIG By By Title Title Address: Address:6300 S. Syracuse Way, Suite 600 Centennial, CO 80111 EXHIBIT A TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES 2.01 SCOPE OF WORK The work to be performed consists of the furnishing of all labor, equipment, materials, expertise, tools, supplies, bonds, insurance, licenses and permits in accordance with the attached detailed Scope of Work; and performing the tasks necessary to accomplish work items concerning the design and development of the Transportation Master Plan, unless specifically excluded as agreed upon by contract negotiations. 2.02 DUTIES OF CONSULTANTS • Consultants shall diligently undertake and perform all work required by the contract. Consultant agrees to devote the number of persons and level of effort necessary to perform and complete the work in a timely manner. All work done will be performed to the highest professional standards and will reflect the thoroughness, attention to detail, and application of knowledge expected of professional consultants in the field. 2.03 OBTAINING DATA It shall be the Consultant's sole responsibility to obtain all data necessary to complete the work in a timely manner. Town shall make any data in its possession that is relevant to Consultant's activity, available to Consultant upon request. Requests shall specify the type of information sought, and the period for which the data is required; however, the Consultant may not require Town to seek reports from other agencies or to prepare original research. It shall be the Consultant's duty to discover and obtain data, research and reports prepared by public or private sources other than Town from the custodian. Town does not vouch for the accuracy of any data other than its own. Data furnished by Town shall be considered accurate only for the purpose for which it was originally gathered. Consultant shall be solely responsible for any conclusions drawn from the data. The town shall provide the consultant with the following planning documents upon award of design contract: A. Town Center West Investment Plan B. Town Center East Center Plan (Draft) C. 2006 Comprehensive Plan D. 1990 Transportation Plan E. 1996 Transportation Plan Update F. Village (at Avon) PUD G. East Beaver Creek Blvd. Phase 1 Improvements H. US 6 Corridor Feasibility Study I. CDOT Traffic Growth Projections 2.04 CHANGES Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event Consultant encounters circumstances which it believes warrants a change in the price, quality, quantity or June 18, 2008 Page 1 of 9 EXHIBIT A method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for changed work. It shall be Consultant's sole responsibility to notify the project manager in advance, in writing, of any work that it considers to be changed or extra. Failure to do so, and to provide and to receive approval before processing, shall waive any claim for additional payment. 2.05 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, Consultant shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, Consultant shall obtain any permission required prior to entering upon private property to perform any task required. In the event Consultant is denied access to private property, Consultant shall immediately notify the project manager and give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site that may be used for the same purpose. Town shall thereupon endeavor to assist Consultant in gaining any required access. 2.06 CARE OF PUBLIC AND PRIVATE PROPERTY Consultant shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. Consultant shall be liable for any damage done through its fault or that of its Subconsultants and shall restore any damaged property to the same or better condition as it was prior to Consultant's interference. 2.07 PAYMENTS Consultant shall invoice Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and Subconsultant charges to date of invoice. Approved invoices are paid within thirty days of presentation. 2.08 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate the contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to Consultant at its address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of termination, Consultant shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, Consultant shall be entitled to receive an amount equal to the cost of work performed to date, including the cost of terminated subcontracts provided that in no case shall the amount allowed exceed the maximum contract price plus authorized change orders. June 18, 2008 Page 2 of 9 EXHIBIT A 2.09 TERMINATION FOR DEFAULT Upon failure of the Consultant to make satisfactory progress or failure to abide by the terms of the contract, or to obtain, furnish or keep in force any required permit, license, bond, or insurance, the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Consultant at its address upon the records of the agency. Notice shall be effective when mailed. Upon receipt of notice, Consultant shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another consultant to do so and charge the excess cost thereof to Consultant. 2.10 DISPUTES In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall consider the request and respond in writing within ten (10) days giving findings and the reasons for them. Any person dissatisfied with the findings of the Town Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The Town Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by fraud. 2.11 ASSIGNMENT OF CONTRACT Consultant shall not assign the contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.12 SUBCONSULTANT Specialty Subconsultants or subconsultants may be used to perform such work as is customary in Consultant's profession; however, reports required shall be presented by the Consultant who shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for fieldwork shall contain clauses similar in form and substances to the equal opportunity, termination for convenience, insurance and labor clauses found in this proposal. 2.13 CONSULTANT'S REPRESENTATIVE Consultant shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Consultant upon all matters pertaining to this agreement. Consultant's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. June 18, 2008 Page 3 of 9 EXHIBIT A 2.14 INSURANCE A. The Consultant shall procure and maintain the minimum insurance coverages listed in this section. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. The Consultant shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. B. Insurance shall be in the amounts required by the State of Colorado and the Town of Avon. In the event of a conflict, the higher level of coverage from these two authorities apply. The insurance coverages as required by the Town of Avon are as follows: 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for each employee of the Consultant engaged in the performance of work under the Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. 3. Commercial 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 the Consultant's owned, hired or non -owned vehicles or equipment assigned to or used in performance of the services. Each such vehicle shall be covered both on and off the work site. The policy shall contain a severability of interests provision. 4. Professional Liability Insurance for professional disciplines licensed in the State of Colorado. The Consultant shall, at its own expense, secure and maintain a policy of Professional Liability Insurance providing coverage of at least ONE MILLION DOLLARS ($1,000,000.00) per claim, irrespective of the number of claims, for professional liability and/or errors and omissions in connection with the work to be performed by the Consultant under this Agreement. Any deductible on such policy shall not exceed ONE -HUNDRED THOUSAND DOLLARS ($100,000.00) unless otherwise approved by the Town, and any such deductible or limit of insurance coverage available shall not relieve the Consultant of any liability to the Town for errors and omissions in connection with the work to be performed by the Consultant under this Agreement. The Consultant shall furnish evidence of such insurance to the Town in such form and at such times as June 18, 2008 Page 4 of 9 EXHIBIT A the Town shall reasonably require. Evidence of the required policy shall be furnished within ten (10) days from the date this Agreement becomes effective. Failure of the Consultant to provide and maintain any required insurance under this Agreement shall be considered a material breach of this Agreement. The Consultant shall require that any subconsultants it hires to perform services under this Agreement also maintain adequate Professional Liability Insurance policy, if applicable to the services they are providing to the Consultant. C. A certificate of insurance shall be completed by the Consultant's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. In addition, the Town shall have the right to request and obtain copies of any insurance policies required hereunder. The certificate shall identify the Agreement and shall provide that the coverages afforded under the policies shall not be cancelled or terminated until at least 30 days prior written notice has been given to the Town. The Consultant agrees to notify the Town within 30 days of any substitution, material change or reduction in the policy(ies). The completed certificate of insurance shall be sent to: the Town of Avon, Attn: Patty McKenny, Town Clerk, 400 Benchmark Rd, Avon CO 81620. D. Failure on the part of the Consultant to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the Agreement, or at its discretion the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by the Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to the Consultant from the Town. E. The Town reserves the right to modify the insurance coverage requirements above in the final agreement to allow for lesser coverage if, in its sole judgment, the Town determines that adequate insurance is provided with a substitute arrangement. 2.15 EEO PROVISIONS The Consultant shall comply with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The Consultant shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.16 TIME OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this proposal shall be completed in its entirety on or before the date specified, provided however, that the owner may in its discretion extend the time for the completion of the work without invalidating any of the provisions herein contained and without releasing any surety. June 18, 2008 Page 5 of 9 EXHIBIT A Extension of time as provided above will be considered by the Town only upon receipt of written request from the Consultant, accompanied by written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions that have operated to prevent completion of the work within the specified time. 2.17 DUTIES AND OBLIGATIONS OF CONSULTANT The consultant shall: A. Make payment promptly, as due, to all persons supplying to such Consultant, labor or material for the prosecution of the work provided for in the contract. B. Not permit any lien or claim to be filed or prosecuted against the Town on account of any labor or materials furnished. C. Pay to the Department of Revenue all sums withheld from employees pursuant to local/state statutes. 2.18 PAYMENT OF CLAIMS BY THE TOWN If the Consultant fails, neglects, or refuses to make prompt payment of any claim of labor or services furnished to the Consultant or Subconsultant by any person in connection with the contract as such claim became due, the Town may pay such claim to the person furnishing the labor or services, and charge the amount of the payment against funds due, or to become due the Consultant, by reason of the contract. 2.19 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE In the event of termination of a contract for convenience of the Town, provisions shall be made for the payment of compensation to the Consultant. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the Consultant: A. Shall be determined on the basis of the contract price in the case of any fully completed separate item or portion of the work for which there is a separate or unit contract price; and B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. June 18, 2008 Page 6 of 9 EXHIBIT A 2.20 INSPECTION OF PAYROLL RECORDS The Consultant agrees that the Town, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to the specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. All required records must be appropriately maintained by the consultant/vendor for three years after final payment, and all other pending matters are closed. 2.21 COSTS AND FEES In the event that any suit or action is commenced or arises from this proposal, each party shall bear its own costs and fees including attorney fees regardless of the outcome. This provision shall apply to the original action and any appeals. 2.22 STANDARDS OF CONDUCT No member, officer, or employees of the Town, or its designees or agents, nor member of the governing body of agency, and no other public official of agency who exercises any functions or responsibilities with respect to this contract during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All Consultants shall incorporate, or cause to be incorporated in all subcontracts, a provision prohibiting such interest. 2.23 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS 1. The Consultant shall not: (A) Knowingly employ or contract with an illegal alien who will perform work under the public contract for services; or (B) Enter into a contract with a Subconsultant that fails to certify to the Consultant that the Subconsultant shall not knowingly employ or contract with an illegal alien who is newly hired to perform work under the public contract for services. 2. The Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the employment verification program established pursuant to C.R.S. 8-17.5-102(5) ("the Department Program") or the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended and jointly administered by the United States Department of Homeland Security and the Social Security Administration , or its successor program ("the E -verify Program") 3. The Consultant shall use either the E -verify Program or Department Program procedures to undertake post -employment screening of job applicants while this public contract for services is being performed. June 18, 2008 Page 7 of 9 EXHIBIT A 4. The Consultant shall, within twenty days after hiring an employee who is newly hired for employment to perform work under the public contract, affirm that the Consultant has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. 1324a, and not altered or falsified the identification documents for such employees. Upon request, the Consultant shall provide a written, notarized copy of the affirmation to the Town. 5. If the Consultant obtains actual knowledge that a Subconsultant performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall: (A) Notify the Subconsultant and the Town within three days that the Consultant has actual knowledge that the Subconsultant is employing or contracting with an illegal alien; and (B) Terminate the subcontract with the Subconsultant if within three days of receiving the notice required pursuant to paragraph 4(A) the Subconsultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the Subconsultant if during such three days the Subconsultant provides information to establish that the Subconsultant has not knowingly employed or contracted with an illegal alien. 6. The Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment ("the Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. 8-17.5-102(5)(a). 7. If a Consultant violates a provision of the public contract for services required pursuant to paragraphs 1-5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. 2.24 ERRORS AND OMISSIONS, CORRECTION The Consultant represents that they employ, either direct or through subcontract, design professionals who are professionally licensed in the State of Colorado for the specific engineering and architectural disciplines for which they will provide services in this project. As such, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any of the Consultant's errors or deficiencies in the designs, drawings, specifications, reports, and/or other services immediately upon notification by the Town. The Consultant will not be responsible for correcting errors or deficiencies caused by Town staff in conjunction with the Consultant's services. June 18, 2008 Page 8 of 9 EXHIBIT A 2.25 TOWN'S APPROVAL The Town's approval of the designs, drawings, specifications, reports or other products of this Agreement in no way relieves the Consultant from the responsibility for technical adequacy and detailed accuracy. The Town's review, approval, acceptance of, or payment for these items shall not be construed to be a waiver of any rights by the Town under this Agreement. 2.26 OWNERSHIP OF DELIVERABLES Electronic copies of all deliverables prepared by the Consultant team will be provided to the Town in original file format and immediately become property of the Town; the Town reserves the right to use this information in any way it so desires in accordance with the exceptions stipulated below, without further compensation to the Consultant team or team firm components. Surveying, mapping, base plans, and construction drawings prepared by the Consultant team will be provided to the Town in AutoCAD 2007 Edition. Specifications, permitting, and planning documents shall be provided in MSWORD 2007 Edition. All deliverables shall also be provided as cohesive *.pdf files (e.g., by CD or from an eRoom or ftp site) for ease of file sharing and posting on the Town's web site. Such documents are not intended or represented to be suitable for reuse by the Town or others on extensions of the Project or on any other project. Any such reuse without written verification or adaptation by CONSULTANT and CONSULTANT's Subconsultants, as appropriate, for the specific purpose intended will be at the Town of Avon's sole risk and without liability or legal exposure to CONSULTANT, or to CONSULTANT's Subconsultants, and Town shall indemnify and hold harmless CONSULTANT and CONSULTANT's Subconsultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Notwithstanding any other provision of this Agreement between Engineer and Owner or any provision of the scope of work, work assignments, work authorizations, or any amendment issued hereunder, all of Engineer's pre-existing or proprietary information, documents, materials, computer programs, or software developed by Engineer outside of this Agreement shall remain the exclusive property of Engineer. June 18, 2008 Page 9 of 9 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK PHASE I - INFORMATION GATHERING 1. Data Compilation and Collection During the initial phase of the project, we will conduct input sessions with Town staff, identify and compile available data and materials, and determine any additional data collection needs. Specific tasks include: a. Traffic Counts We will conduct AM and PM peak hour intersection turning movement counts at key intersections within the Town of Avon. These counts will complement the traffic counts that the Town conducts every July (available on the Town's website). For consistency, we will coordinate with staff to ensure our counts are conducted during the same period as the Town counts. Since US 6 is a State highway, we will compile any traffic volume data available from CDOT. The CDOT data may help in determining seasonal variations in traffic patterns; we will also compile seasonal data from our previous traffic engineering efforts in the area, such as: ► US 6 and 1-70 G Corridor Feasibility Study ► Eagle County Road Capital Improvement Plan ► Any recent traffic studies submitted to the Town b. Roadway Physical Characteristics A windshield survey of all roads within Avon will be conducted to establish physical characteristics such as: ► Number of lanes ► Intersection geometry ► Traffic control ► Speed limits ► Access issues ► Sight distance limitations We will also collect inventory data on pedestrian and bicycle facilities, transit stops, and any existing traffic calming measures. In addition to the windshield survey, Eagle County's GIS website is an excellent resource for obtaining transportation inventory information; we have made use of this resource for other projects in the area. FELSDURG CE HOLT & ULLEVIG Revised 6/18/08 Page 1 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK c. Traffic Reports and Land Use Data As noted in the Request for Proposal (RFP), a number of traffic reports are available for pending developments in Avon, which the Town will provide to the consultant. In addition, the Planning Department will provide land uses and densities for use in calculating future traffic volumes. During this phase, we will also collect data on the current parking supply within the Town. We will compile the data, review for completeness, and coordinate with staff on any gaps or additional data needs. d. Transit Operations and Pedestrian/Bicycle Plans The FHU team will document existing services, fleet, and facilities providing transit services in the Town of Avon, including those operated by the Town of Avon and by ECO Transit. The team will identify, by season, the routes, headways, and ridership. We will identify areas where there may be existing capacity issues. The team will also document coverage of ECO Transit service as compared to the Town of Avon's service. The role of the Riverfront Express Gondola in the overall passenger transportation network will also be documented. Other activities include identifying proposed new services, including passenger rail; collecting ridership data and estimating mode share by season for current conditions, as well as assessing the role of the transit system in serving employee and visitor trips. For the Town of Avon fleet, the team will identify age, condition, and replacement schedule for vehicles. For the operations facility, we will identify capacity parameters for existing facilities, including transfer stations, stops, and shelters as well as identifying the timing to expand facilities. Finally, the team will identify any situations where the pedestrian / bus interface has created safety issues or where improvements will be needed to encourage more pedestrian trips. With respect to trails, our efforts will also include a field inventory of existing facilities in Avon. We will coordinate with Town staff to obtain any information for future pedestrian or bicycle enhancements, including: ► Connections to regional facilities (eco trails) ► Hazardous pedestrian locations ► Maintenance or operational challenges Phase I Deliverables: A Technical Memorandum that provides a "snapshot" of current transportation facilities in Avon. Ultimately, this will be converted into a report chapter. IPFELSBURG C' HOLT & ULLEVIG Revised 6/18/08 Page 2 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK PHASE II - PRELIMINARY PLANNING 1. Analysis of Existing Conditions The collected and compiled data will form the basis for an in-depth assessment of existing conditions in Avon. A representation of the roadway system will be developed using SYNCHRO, a computerized traffic analysis tool. Transit data will be reviewed relative to current operations, and the connectivity of the existing bicycle/pedestrian system will be evaluated with respect to being a multi -modal system. A public open house will be held to present the data collected and preliminary findings, and to incorporate public input into the project. Specific tasks are as follows: a. Traffic The existing roadway laneage, intersection geometry, and traffic control will be incorporated along with existing traffic count data into a SYNCHRO network. We will then conduct Level of Service (LOS) analyses to identify locations of existing deficiencies based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. The roundabouts will be analyzed using Sidra and Rodel to determine any existing operational issues. (When preparing the Vail Transportation Plan, we used Sidra, but adjusted analysis parameters to validate its results against actual delay measurements and to represent winter conditions.) Roadway, intersection, and traffic control improvements will be identified to mitigate any current capacity deficiencies. b. Transit We will review the available data of existing operational conditions and transit ridership levels. Service measures will be calculated and any existing areas of deficiency will be identified. The FHU team will help identify transit level of service standards for local and regional corridors in transit- served areas, based on transit service coverage and route frequency standards from the Transit Capacity and Quality of Service Manual. This effort will identify service development standards to determine the trigger points when additional services or a transition to a higher level of service would be needed. We will identify bus stop standards, including bus stop information, and where shelters may be appropriate, as well as identify standards for fleet replacement and transit maintenance/operations facility requirements. Further, the team will assess the nature of the system's current funding program. Holly and Suzanne are specialists in this area. . FELSBURG (E HOLT & ULLEVIG IG Revised 6/18/08 Page 3 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK c. Trails As previously noted, our inventory efforts will include existing pedestrian and bicycle facilities, including trails and sidewalks (along the major corridors only). Opportunities, resources, and constraints will be identified. We will evaluate the existing system with respect to: ► Connectivity and continuity ► Connections to other modes of travel Deliverable: An existing conditions technical memo that will become a chapter in subsequent reports. 2. Analysis of Future Conditions Forecasts of future traffic conditions in Avon will be developed using TRAFFIX, a computerized traffic analysis tool. TRAFFIX will allow us to project future travel demand by applying future land use data, generating and distributing trips, and adding background growth to account for regional trends. Recommendations for roadway and intersection improvements, intersection capacity requirements, and potential new roadways will be developed. Future transit infrastructure and route requirements will be evaluated along with potential pedestrian and trail system enhancements. A parking analysis will be conducted relative to future land use forecasts to determine build -out demand, and the potential for on -street parking will be evaluated relative to supporting Town Center development and potential impacts on roadway capacity. Preliminary Opinions of Probable Cost will be developed for the identified future improvement recommendations. Specific tasks include: a. Traffic Based on available Town of Avon traffic counts, supplemental counts, available CDOT data, traffic patterns for both Summer and Winter peak seasons will be estimated. A model of Avon roadways will be developed using TRAFFIX, based on Town of Avon land use plans, corresponding peak season trip generation estimates for build -out conditions will be calculated and assigned to the TRAFFIX network. Increases in background (through) traffic will be estimated from regional growth trends and incorporated into the model. Through this, we will develop long term traffic forecasts along key roads and at critical intersections throughout Avon. Through LOS analyses using SYNCHRO, future deficiencies will be identified based on the current accepted standard of LOS C for peak hour roadway operations and LOS D for peak hour intersection operations. Potential improvements will be identified and evaluated based on the same LOS criteria. Roundabout operations will be analyzed using Sidra and Rodel to determine any potential improvements or modifications to the existing roundabouts along Avon Road. We have adjusted parameters within Sidra that have validated results for snowy conditions, which we recently used to analyze roundabouts in Town of Vail; this tool will help us better understand future traffic conditions in Avon during the peak ski season. OP FELSBURG (EHOLT & ULLEVIG IG Revised 6/18/08 Page 4 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK As a separate task, we will conduct analyses to break out specific traffic impacts and potential improvement requirements associated with the Town Center West and Town Center East redevelopment plans, as well as continuing development of the Village at Avon. Preliminary Opinions of Probable Cost will be developed for the identified improvement recommendations, based on the intact unit cost data (adjusted for Eagle County). b. Transit Based on the available data of existing operational conditions, anticipated land uses, and through close coordination with the Town's transit staff, future transit ridership levels will be estimated for winter and summer seasons. Levels of service will be calculated and potential areas of future deficiency will be identified. Where route or schedule improvements are needed, an evaluation of potential improvements will be conducted and appropriate recommendations will be developed. The transit service plan will be developed working closely with town staff and the traffic analysis modeling effort. Our purpose will be to identify the level of transit service necessary to meet the Town's objectives for emphasizing alternative modes of transportation. This level of service will need to work well with the roadway network and overall movement of vehicles, have an effective interface with pedestrian and bicycle movements and parking, and be achievable from a fiscal and operational standpoint. Based on the existing conditions work and an evaluation of land use, employee residential data, and the connectivity of proposed regional services, the team will develop conceptual alternatives and the potential share of trips that could be served by these transit alternatives. At the Preliminary Transportation Plan stage, the transit portion of the plan will include planning level recommendations for transit route changes including how they are expected to evolve over time. This will include an assessment of providing service to the Wildridge area located north of 1-70. A range of transit services (high and low) will be presented -so the Town can consider if a high or low level of investment and mode share should be used for the final plans. The preliminary transit plan will also include service frequencies by season, ridership levels, cost (per hour, per passenger, and 10 -year total), capital project recommendations (fleet, facilities, stops & shelters, and technology options), and service development standards to indicate when services should be expanded. The consultant team will analyze potential funding options for establishing a dedicated revenue stream and will identify policy positions that would support the development of transit services over time, including relationships with regional and 1-70 corridor efforts as well as local activity (ski area and development). The team will identify issues and solutions that can be considered so that public comment can be considered prior to completion of the final plan. The transit consultant will also participate in public meetings and the work session for the Town Council and Planning and Zoning Commission. Based on comments received from the Town Council, staff, and public, the final plans and standards for the transit mode will be refined as part of the Final Comprehensive Transportation Plan. While integrated with the plan, the transit component will also be documented in a separate chapter of the report entitled "Strategic Transit Plan", allowing a stand-alone document for the purposes of pursuing funding. This IPFELSBURG (4 HOLT & ULLEVIG Revised 6/18/08 Page 5 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK chapter will include a prioritized list of transit related projects with preliminary opinions of probable costs for each. c. Parking For many mountain communities, balancing parking requirements with competing needs of development is a challenge. Potential concepts to provide on -street parking on several Town roadways, including West Beaver Creek Boulevard, East Beaver Creek Boulevard, and Benchmark Road, will be evaluated relative to traffic carrying capacity requirements. Parking demands will be estimated from parking rates currently used by the Town and national standards (such as ITE and ULI), and the demand estimates will incorporate shared parking concepts. d. Trails As previously discussed, our efforts will include an evaluation of missing links or other deficiencies in existing pedestrian and bicycle facilities in Avon. An evaluation of three potential future pedestrian corridors to serve impending development will be included. W will also conduct an analysis of the potential usage levels of two potential pedestrian enhancements currently under consideration by the Town: ► A pedestrian bridge over Avon Road ► A tunnel under 1-70 linking Metcalf Road to West Beaver Creek Boulevard 3. Traffic Calming Based on discussions with Town staff, and on our roadway inventory efforts, we will assess up to two locations where traffic calming methods may be appropriate to mitigate pedestrian safety issues, cut -through traffic concerns, or high vehicle speeds. In each location we will review: ► The nature and magnitude of the traffic issue ► Any physical constraints in the area (sight distances, side slopes, etc.) 4. Preliminary Transportation Plan Based on the Future Conditions analyses and resultant improvement recommendations for roadways and intersections, transit, and pedestrian / bicycle facilities, a comprehensive list of improvements by mode will be developed. A series of maps will be prepared to illustrate the different modes of travel and how they interface with one another. The list will include preliminary opinions of probable cost for each improvement. Short-term (within five years) need projects will be identified based on need, ease of implementation, cost -to -benefit comparisons, and other potential criteria as directed by Town staff. Only immediate needs projects will be called out. PI FELSBURG (EHOLT & ULLEVIG Revised 6/18/08 Page 6 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK 5. Potential New Town Standards a. Roadway Cross -sections While conveying traffic and providing access are fundamental purposes for roadways, there are numerous other considerations that roadway facilities must serve. Considerations in designing roadways must also take into account: ► Traffic levels and speed ► Access needs ► Turn Lanes ► Right-of-way ► Bicycles ► Pedestrians ► Parking ► Drainage ► Snow storage ► Aesthetics/landscaping ► Maintenance Each of these should be a consideration in developing a set of road standards, and the level of accommodation of these items can vary depending on a road's functional classification and the specific surrounding settings. The intent of established road standards is to be able to apply the appropriate road with appropriate characteristics for the intended purpose and surrounding environment on a fairly consistent basis. Through our experience working with numerous municipalities and counties and in conducting our own research on the subject, FHU has the technical background to assist the Town in developing street standards; we've previously guided clients through this process. Specific tasks will include: ► Ascertain the critical Town considerations. Critical items will likely vary by functional classification and environmental setting. ► Provide guidance with respect to each possible element (listed above) that should be considered within the context of a roadway's classification and setting. We have conducted research in the past on this topic for other agencies, so we are well positioned to bring this knowledge into developing cross-sectional standards for Avon ► The RFP lists two groups; mountain and urban. We will only use these groups to establish standards. Identify the characteristics and/or dimension of potential elements (listed above) that would make up a particular classification's cross-section. IPFELSBURG (4HOLT6.. ULLEVIG Revised 6/18/08 Page 7 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK ► Produce a draft set of roadway cross-sectional standards for Town consideration and discussion. Present these at a progress meeting with staff for discussion and obtain feedback. ► Adjust the cross -sections based on Town staff review, and present the final set of classifications to the Town Board for eventual adoption. ► Document the process toward developing these standards that will be provided as a memorandum first and part of a report chapter later. b. Traffic Impact Study Guidelines Traffic impact studies are typical prepared where new development or redevelopment is being considered. Their intent is to provide insight as to the level of traffic increase that might be expected from the development as well as identify roadway and intersection improvements required to safely and efficiently serve the traveling public. Establishing standard guidelines will greatly ease the review process of traffic studies. With a set format, reviewers can quickly peruse a study for the key considerations including: ► Relative traffic impacts ► Potential traffic operations ► Access appropriateness ► Needed improvements ► Associated responsibility of improvements of the development in question FHU performs more than 150 traffic studies annually. We have been exposed to many jurisdictions' traffic study guidelines, and we have developed an excellent sense of key considerations. FHU staff have helped other agencies develop and refine their traffic impact study guidelines. Specific tasks associated with this include the following: ► Discuss critical considerations with Town staff as to items of inclusion in the standards. One item of consideration is to tie traffic study needs to the appropriate development appeal process (zoning, plat, development plan, etc.). Also, a protocol should be established with respect to staff -consultant coordination prior to any analysis being conducted. ► Establish general criteria as to when a study is needed. This could still include language to require a study if a peculiar issue needs to be addressed even if criteria are not met. ► Provide guidance as to the level of detail needed in a study, geographically and analytically. Potentially, some studies may only need to analyze a specific concern and these can be shorter, more focused reports. ► Provide guidance on traffic study parameters allowed in preparing the study. This will include items such as internal trip -making and pass -by adjustments. However, it will IPFELSBURG (4 HOLT & ULLEVIG Revised 6/18/08 Page 8 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK also need to be recognized that unique situations may warrant using unique parameters in the study, provided that the consultant can provide the necessary support. ► Establish criteria to evaluate the appropriate season. Both summer and winter seasons can experience high traffic levels within Avon. ► Determine when a safety assessment is needed. This may be primarily based on specific safety issues that are well known and need addressing. ► Spell out the preferred structure of a study to allow reviewers to quickly review for critical information. Perhaps some flexibility can be afforded the consultant, but stipulating a structure will help review each and every traffic study submitted to the town as reviewers will become used to a given format. ► Develop a set of draft standards for the Town to consider. Present these at a progress meeting and allow Town staff to review and respond. ► Finalize the standards and present to the Town Board for adoption. Phase 11 Deliverables: Technical Memorandums will be prepared for Future Conditions, Traffic Calming, and Town Standards in the preliminary transportation plan. These memos will then be incorporated as chapters in a draft report, summarizing the data collected, the analyses conducted, and the resultant findings. The draft document will clearly show: ► The anticipated traffic impact from potential development or redevelopment ► The necessary transportation improvements needed to safely accommodate future demand at acceptable operational levels ► An opinion of present-day probable costs for the identified improvements ► A project prioritization schedule to assist the Town in developing a Capital Improvement Program ► Traffic Impact Study Guidelines and Town Roadway Cross -Sectional Standards The draft report will be submitted to the Town for staff review and comment. . FELS[3URG C/ HOLT & ULLEVIG Revised 6/18/08 Page 9 EXHIBIT B AVON COMPREHENSIVE TRANSPORTATION PLAN SCOPE OF WORK PHASE III - FINAL COMPREHENSIVE TRANSPORTATION PLAN Following the Town's review of the Preliminary Transportation Plan, we will compile all comments from staff and the Avon Town Council. Edits, as appropriate, will be made and further coordination with staff will take place toward the Final Comprehensive Transportation Plan. Upon acceptance by staff, we will make one presentation to the Planning & Zoning commission and one to the Town Council (a total of two work sessions). With Council's approval, the Final Comprehensive Transportation Plan can then become a part of the Town's new Comprehensive Master Plan. Phase 111 Deliverables: Final Comprehensive Transportation Plan Report will be prepared. 10 hard copies plus electronic versions (doc and.pdf) IPFELSBURG (4HOLT & ULLEVIG Revised 6/18/08 Page 10 C, Et GVV:J JAN FEB MAR APR MAY • I GVVC7 JUN JUL AUG SEPOCT NOV DEC • • notice to proceed • Cl) IQ - O Data Compilation & Collection © Analysis of Existing Conditions © Analysis of Future Conditions 4 Preliminary Transportation Plan © Town Standards 6 Final Comprehensive Transportation Plan O Public Workshop 8 Presentation to P&Z or Town Council 9 Meetings with Staff a C C C W o V o H CC) to co .c a I Data Collection I 6 I 8 I 24 I 12 I 4 I 21 16 I 10 I $10,205 CC) to co .c a T- NM O) Ea 000 M 69 $1,575 Co 0 CO 669 N CO 6 N CO tr 69 C) W co t a CO I' _� 69 0 CO — CO O I� 69 CO U) CA CO 69 Other Direct Costs Traffic Counts $ 4,400 Auto Mileage $ 2,000 Reproduction and Graphics Materials $ 1,000 Miscellaneous $ 1,500 $ 8,900 Grand Total $190,858 Cost Breakdown by Firm: FHU $143,485 TransitPlus $ 38,448 Greenway Team $ 8,925 Total $190,858 i c 0 I co 2 A 3E c ea c c E1- 0 Trails Planner $159.50/Hr. CO CO Co CO 54 TransitPlus Transit Planner $125/Hr. ON CO COd CO - CO CO 294 Felsburg Holt & Ullevig _ ` 'E _ ,O Co Q ea Nt N '7 Co N 311 Designer IV $90/Hr. N 00 NCO 30 C N N CO Engineer II $90/Hr. O) CO CO N co co 406 Engineer V $125/Hr. 64 011) x- N N co CO co 64 1 458 1 Sr. Engineer $135/Hr 00 CO CO CO CO 46 Principal $160/Hr. 'T CO 24 CO O) N co 170 Y to co H 1. Existing Conditions Analysis I 2. Future Conditions Analysis I 3. Traffic Calming I 4. Preliminary Transportation Plan 5. New Town Standards I 6. Strategic Transit Plan Chapter I Final Comprehensive Transportation Develop Stand Alone Transit Chapter Progress Meetings, Hearings Total Man Hours Revised 6/18/08 MASTER FEE SCHEDULE Felsburg Holt & Ullevig 2008 The following hourly billing rates apply to all "Time and Materials" contracts. Principal II $180.00 Principal I $160.00 — Chris Fasching Associate $145.00 — Dave Hattan Sr. Engineer $135.00 — Jeff Ream, Rich Follmer Engineer V $125.00 — Charles Buck, Holly Buck Envineer IV $115.00 Engineer III $100.00 Engineer II $ 90.00 — Ryan Germeroth Engineer $ 80.00 — Steve Marfitano Sr. Environmental Scientist $135.00 Environmental Scientist V $125.00 Environmental Scientist IV $115.00 Environmental Scientist III $100.00 Environmental Scientist II $ 90.00 Environmental Scientist I $ 80.00 Sr. Transportation Planner $135.00 Transportation Planner V $125.00 Transportation Planner IV $115.00 Transportation Planner III $100.00 Transportation Planner II $ 90.00 Transportation Planner I $ 80.00 Sr. Bridge Designer $105.00 Sr. Designer $105.00 Designer V $ 95.00 Designer IV $ 90.00 Designer III $ 80.00 Designer II $ 70.00 Designer I $ 60.00 Sr. Construction Inspector $ 95.00 Construction Inspector V $ 90.00 Construction Inspector IV $ 80.00 Construction Inspector III $ 75.00 Construction Inspector II $ 65.00 Construction Inspector I $ 60.00 Sr. Environmental Tech $105.00 Environmental Tech V $ 95.00 Environmental Tech IV $ 90.00 Environmental Tech III $ 80.00 Environmental Tech 11$ 70.00 Environmental Tech I $ 60.00 Administrative $ 65.00 FELSBURG �i HOLT & ULLEVIG Other Direct Costs Reproduction (Plots) Bond Glossy Mylar Vellum Reproduction (Prints) Black and White Color Presentation Boards Bond Foam Core Mounted Glossy Foam Core Mounted Computer Projector Travel Mileage Truck (Construction) Other Misc Costs Courier Postage Deliveries Per Diem $0.24/sq ft $0.71/sq ft $0.55/sq ft $0.39/sq ft $0.08/print $0.19/print $1.22/sq ft $1.69 sq ft $100.00/meeting $0.485/Mile or current allowable government rate $40.00/Day Actual Vendor Costs Actual Vendor Costs Actual Vendor Costs Actual Vendor Costs Other direct costs are reimbursed at a rate of 1.1 times the rates above and / or actual costs. ppFELSBURG (4HOLT & ULLEVIG MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 10, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Dave Dantas. Tamra Nottingham Underwood was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community Development Eric Heidemann, and as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST The agenda was approved and there was no need for any disclosures of conflicts. Councilor Sipes noted that he would recuse himself the deliberation & vote on the Ordinance related to the Eagle River Fire Protection District Impact Fees due to a conflict of interest. Town Attorney John Dunn noted that he would recuse himself from Resolution No. 08-19, Series of 2008 A Resubdivision of Lot 34, Block 2, Wildridge, Town of Avon, Eagle County, Colorado (2661 Beartrap Road) due to conflict of interest. STAFF UPDATES a. Mayor Ron Wolfe presented Certificates of Appreciation for outgoing Planning & Zoning Commission members Julia Foster and Terry Smith. Julia Foster was not present. b. Danita Chirichillo, Recreation Programs Supervisor, presented a review of Avon's 08 upcoming summer special events STONE CREEK ELEMENTARY CHARTER SCHOOL UPDATE Kevin Kromer, President of the Stone Creek Board, presented the quarterly update about the school's 07/08 year, financial status, different grants for new charter schools that the school applied for. They are still working on paying off the vendors and improving their fundraising. Cut some of the classes for next year as some of the classes were not filled. He mentioned that they have discussed future school locations in the valley. Amy Phillips expressed some concern over the numbers not increasing for next year. Ron Wolfe explained there is not the space to expand too much and the main priority is to decrease the debt. Kristi Ferraro said she has heard good reports on the school. Brian Sipes recused himself from the public Hearing on Ordinance No 08-06, Series of 2008 due to a business relationship with his firm and the Fire protection District. ORDINANCES Scott Wright, Assistant Town Manager Finance, presented Ordinance No. 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 of the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development Activities Generating the need for Additional Fire Protection or Emergency Medical Services Legislation. Town Attorney John Dunn noted that the charter requires a 2/3 vote for approval on this item. He noted that all members of the council were not present tonight. John Dunn recommended that the ordinance be tabled until all elected officials are present to vote. Charlie Moore, ERFPD Fire Chief, gave a summary and explained that due to growth they need more stations going into the future; he gave a brief update on the conditions of the stations in the valley. Mayor Wolfe requested a review of how the impact fee dollars can be used. Some of the following topics were discussed: • Tom Pippin, Economist with BBC Research and Consulting, outlined the impact fees as a one time charge to be only used for capital improvements. • A letter that the council members received from Dan Reynolds, Garfield and Hect, was discussed with Tom Pippin addressing it as well. ■ Stan Bernstein, Bernstein and Associates, explained the process of determining the projected future growth of SFE's. ■ Jim Collins, Collins Cockrel and Cole explained that some of the tap fees could be reduced.. ■ Eric Jorgenson, Collins Cockrel and Cole, explained the adjustment in the ordinance and intergovernmental agreement to change CPI"s. Impact fees will only apply and will be collected at the building permit stage. ■ Charlie Moore explained that the reason for a larger station is to be able to cover a larger area and still keeping enough fire trucks to protect the Avon Community. He also noted the creditation process the district was purusing. Mayor Wolfe opened the public hearing and the following comments were heard: • Dan Reynolds, Garfield & Hect representing Jim Pavlich asked for the impact fees to be denied. ■ Jenny Clingier living at Avon Crossing supports the impact fees. ■ Buzz Reynolds asked if all metro districts are contributing into this. He is in favor of a mill levy which is a fixed cost. Mayor Wolfe closed the public hearing. Councilor Carroll moved to table Ordinance No. 08- 06; until the July 8, 2008 Council meeting; Councilor Ferraro seconded the motion and it passed unanimously by those members present (Underwood absent). Scott Wright, Assistant Town Manager Finance, presented Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection District, concerning the collection, payment and use of emergency service impact fees IN light of tabling the Ordinance, Councilor Carroll moved to table Resolution No.08-20, Series of 2008. Councilor Ferraro seconded the motion and it passed unanimously by those members present (Underwood absent). Brian Kozak, Police Chief, presented Ordinance No. 08-07, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, amending Section 12.030 of The Municipal Code of The Town of Avon Relating to Hours of Sale of Beer, Wine and Spirituous Liquors in Sealed Container. He noted that this legislation aligns Avon's Municipal Code with Senate Bill 08-82 signed into effect on July 1, 2008 related to the sale of alcohol on Sundays. Councilor Phillips moved to approve Ordinance No. 08-07; Councilor Ferraro seconded the motion and it passed unanimously by those members present (Underwood absent). Scott Wright, Assistant Town Manager Finance, presented Ordinance No. 08-08, Series of 2008, First Reading, Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. He noted that this legislation takes steps to effectuate the transition of the Mall to a public street with vehicular access and presented the history as follows: Regular Council Meeting Page 2 of 4 08-06-10 ■ The 1981 adopted ordinance established a pedestrian mall known as the town center mall. ■ The town council later issued bonds to pay for certain improvements to the mall. ■ Adjacent property owners continue to be assessed for a portion of the operating costs of the mall. The Bonds have been paid back. ■ As part of the redevelopment of the area, it is proposed that the pedestrian mall revert to a public street with vehicular access and Ordinance No. 08-08 takes the necessary steps to effectuate this transition of the mall to a public street with vehicular access. Councilor Dantas moved to approve Ordinance No 08-08, Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. Councilor Carroll seconded the motion and it passed unanimously by those members present (Underwood absent). The public hearing is scheduled for June 24, 2008. RESOLUTIONS Shane Pegram, Engineer II, presented Resolution No 08-18, Series of 2008, A Resolution approving the Final Plat, A Resubdivision of Lot 34, Block 2, Wildridge, Town of Avon, Eagle County, Colorado (2661 Beartrap Road). Robert B Thomas representing Wildridge lot 34, LLC owner of a duplex structure at 2661 Beartrap Road, submitted a final plat to resubdivides Lot 34, Block 2 into 2 distinct lots, lot 34 A and 34B and creates an access easement across Lot 34 B for the benefit of Lot 34 A. Councilor Ferraro moved to approve Resolution No. 08-18 Resolution approving the Final Plat, A Resubdivision of Lot 34, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously by those members present (Underwood absent). Shane Pegram, Engineer II, presented Resolution No. 08-19, Series of 2008, A Resolution approving the Condominium Map, A Resubdivision of Lot 12, Block 2, Benchmark At Beaver Creek — Amendment No. 4, Town Avon, Eagle County, Colorado (540 W. Beaver Creek Blvd.) Councilor Ferraro moved to approve Resolution No 08-19, Series of 2008 Resolution approving the Condominium Map, A Resubdivision of Lot 12, Block 2, Benchmark At Beaver Creek — Amendment No. 4, Town Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously by those members present (Underwood absent). Town Manager Report Larry Brooks informed council that he will be at a conference on transportation in Copper Mountain with some members of staff on Thursday. Eric gave a brief update to council and the community on the Avon 21 project. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Sipes moved to approve the consent agenda below; Councilor Phillips seconded the motion and it passed unanimously by those member present (Underwood absent). a. Minutes from May 27, 2008 b. 2008 Annual Traffic Count Contract Award — TDA Colorado, Inc. (Shane Pegram, Engineer II) Review of proposal for contract in the amount of $6,300 for annual traffic counts Regular Council Meeting Page 3 of 4 08-06-10 There being no further business to come before the Council, the meeting was adjourned at 8:15 PM. RESPECTFULLY SUBMITTED: Catherine Haynes, Deputy Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 08-06-10 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: June 13, 2008 Re: Acceptance of 2007 Comprehensive Annual Financial Report Summary: Representatives from Clifton Gunderson LLC, the Town's independent certified public accountants will be here Tuesday afternoon to present the Town's comprehensive annual financial report to Council. Discussion: Section 12.11 of the Town's Charter requires an independent audit of the Town's accounts by certified public accountants at least annually. Acceptance of the 2007 comprehensive annual financial report (CAFR) by the Council fulfills this requirement. In addition to meeting the Town's Charter requirements, the Town also uses the CAFR to document that it has met the compliance requirements of the Single Audit Act and U.S. Office of Management and Budget regarding awards of federal grants, that it has met the standards applicable to financial audits as issued by the Comptroller General of the United States and information provided in the CAFR meets the continuing disclosure requirements of the Town's various debt issuances. Finally, the Town provides its CAFR to various users of financial reports including: investors in Town bonds, creditors such as banks and underwriters, oversight bodies such as the Colorado State Auditor, and other governmental entities. Recommendation: I recommend that the Council accept the Town's 2007 comprehensive annual financial report. Town Manager Comments: Council Memo 2008-008.doc Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Justin Hildreth, Town Engineer qiu (+' June 18, 2008 Avon Recreation Center Architectural Services for Patio Repairs Summary: Fritzlen Pierce Architects (FPA) has provided a proposal (Exhibit A) for Architectural Services to design improvements in the patio area of the Town of Avon, Avon Recreation Center. FPA's total base service fee is $3,000, and is not to be exceeded without prior written approval Discussion: Over the past several years there has been water damage to the outside patio adjacent to the pool. The water damage appears to be from 2 sources, the first from failure of the roof drain system, and the second from improper ventilation of the pool area discharged through the soffit, causing the materials to disintegrate. Staff is recommending retaining FPA to design repairs to the patio area to prevent further damage. Repairs are expected to include reconstructing the roof system, installing an all weather soffit surface to the patio, and modifications to the ventilation in the area to prevent further damage. The design must be completed in a very timely manner to ensure these improvements can be completed during the scheduled October shutdown of the Recreation Center. Financial Implications: FPA's service fee is $3,000, and is not to be exceeded without prior written approval. The fee will be paid out of the Facilities Reserve Fund which has an existing balance of $473,834. The projected costs of the improvements is not known, but will also be paid out of the Facilities Reserve Fund. Recommendation: Approve the Agreement Between the Architect and Owner for Architectural Services of Limited Scope for an amount not to exceed $3,000. Proposed Motion: Move to approve the Agreement Between the Architect and Owner for Architectural Services of Limited Scope for an amount not to exceed $3,000. Town Manager Comments: tiy•i Attachments: Exhibit A — Agreement Between Architect and Owner for Architectural Services of Limited Scope. I.ynn I rit/len. AIA. Architect William F. Pierce, Architect Tyson Deardull, Director of Architecture Kathy I Ieslinea. Office Alanagcr Date: 6 /11 !08 FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Agreement Between Architect and Owner for Architectural Services of Limited Scope To be billed as job# 0840 Task 002 for fees, Task 000 for Reimbursables, and Task 001 for General Consulting\Supplemental Services. The Owner: Owner's Representative: The Town of Avon, Colorado Justin Hildreth, P.E. Town Engineer, Town of Avon, Colorado The Owner's Representative shall be authorized to render all decisions on behalf of the Owner. Architect: Pierce Fritzlen Architects DBA Fritzlen Pierce Architects 1650 East Vail Valley Drive Fallridge C-1 Vail, Colorado 81657 FRITZLEN PIERCE Project Description: Scope of the Work: The Avon Recreational Center, Avon, Colorado. 325 Benchmark Road, Avon, CO The Town of Avon owns and operates the Avon Recreational Center. The Center has experienced water damage to and subsequent failures of an outdoor ceiling (soffit) over a paved deck area adjacent to the swimming pool at the southwest corner of the building within the area defined by column grid lines 1 to 1.7 and grid lines C to E. (See attached sketch) The town has replaced the soffit once and subsequently removed it exposing the structure of the roof above. 1650 East Vail Valley Drive, Fallridge C-1, Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com Staining of exposed J:\CIP\Rec Center Patio Repairs\Draft proposal 6_12_08 (2).doc FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO wood decking and rust on exposed structural members suggests the presence of water within the soffit, although the source(s) are not clear. Masonry units at the structural column surround at grid line D-1 are damaged at the top of the column and it appears that portions of at least one CMU have fallen from the column. The Architect will evaluate the existing conditions within the limits of the above defined paved deck and recommend corrective actions; and prepare plans and specifications for repairs to the CMU at column line D-1 and a replacement ceiling and associated lighting. The cost of investigative demolition, if required, is not included in this scope of work or fee. Schedule: The Schedule of Completion of the Architect's Services is as follows: The Architect will commence work within 5 working days of the Owners' written authorization to proceed; and will complete plans and specifications for The Work within 60 calendar days of the date of commencement. FRITZLEN PIERCE Fee: Billing Terms: Compensation for the services described in the Scope of Work will be on an hourly basis not to exceed $3,000.00. Construction Administration Services will be an Additional Service. 1650 East Vail Valley Drive Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com Billing will be on an hourly basis up to the fee amount stated above. Invoicing will be on a monthly basis. Invoices are generated on the first of the month. Approved invoices will be paid within 30 days of approval by The Town of Avon. Payments received after 60 days of the invoice date will be charged interest at 11/2% per , Fallridge C-1, FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO month compounded. Additional Services: Billing for services requested by the Client beyond the scope of work, described here or in any attachment, will be billed on an hourly basis. Additional Options: 1) Additional services for amounts less than 10% of the contract amount or $1,000 may be authorized verbally by the Owner. 2) Additional Services in excess of $1,000 or 10% of the contract shall be authorized by the Owner Supplemental Services Agreement. FRITZLEN PIERCE Reimbursable Expense: The Architect's Hourly Rates: The following expenses are considered reimbursable. Reimbursables are charged at cost plus ten percent: • Long distance telephone expenses • Outgoing faxes • Reproduction of documents for other than in -office use. • Travel outside of Eagle County • Permitting Fees for the Application Jurisdiction • Mailing Charges • Structural, Mechanical, Electrical and Plumbing Engineering, or other miscellaneous consultants that may be required at the client's request that are not included in the Scope of Services. Principal $175.00/ hourly Architect III $130.00/ hourly Architect II $120.00/hourly Architect I $110.00/ hourly Project Designer $120.00/hourly Project Manager $1 15.00/hourly Project Captain $1 10.00/hourly Intern III $ 95.00/hourly 1650 East Vail Valley Drive, Fallridge C-1, Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Intern II $ 85.00/hourly Intern I $ 75.00/hourly Draftsperson $ 65.00/hourly Project Administration $ 75.00/hourly Clerical $ 55.00/hourly The rates for services of the Architects and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. Project Budget: The Owner has not established a Project budget as of the date of this Contract. The Town of Avon will solicit contractor bids and will prepare the Construction Contract. Construction Cost Construction Cost Estimating Services are not included in the Estimating: Scope of Work. Construction Cost Estimating shall be provided by the Owner, the Owner's consultant or as a reimbursable expense of the Architect. Owner's The Owner will provide PDF copies of the original plans and Requirements: specifications for the Recreational Center as reasonably requested by the Architect. The Owner shall furnish and render decisions on information and services as expeditiously as necessary for the progress of the work to comply with the stated schedule and project description. The Owner shall provide all Surveying, Civil Engineering, Environmental Engineering and Geo-Technical information required for successful completion of the project. If required by the Owner, the Architect will coordinate with said consultants on the Owners behalf. Any time incurred as a result of this coordination is above and beyond the scope of this contract and as such will be billed at the attached hourly rates. FRITZLEN PIERCE 1650 East Vail Valley Drive, Fallridge C-1, Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO FRITZLEN PIERCE Termination: Either party may terminate this agreement within thirty days of written notification to the addresses written above. Terms of this agreement shall be valid for one year from the date of the contract. Existing For project requiring existing structure remodeling/renovation Conditions: the Owner waives any and all claims arising from information supplied by others, and for assumptions made regarding existing conditions of the existing structure(s). Document The Drawings, Specifications, and other related documents Ownership: prepared by the Architect for the above referenced Project are to be used solely for this project, and solely by the Architect. The Architect shall be deemed owner of these documents, and shall retain all reserved rights, including copyright. Dispute Resolution: Limits of Liability Other Conditions: Any claims or dispute made during the design, construction or post -construction between the Owner and Architect shall be submitted to non -binding mediation, Owner and Architects agree to include a similar mediation agreement with all contractors, sub -contractors, sub -consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Professional liability for errors and omissions by the Architect and his sub -consultants shall be limited to $1,000,000 aggregate for the life of the project. The Architect does not warrant approval by any public or quasi - public body. Attorney fees required for collection of funds due under this agreement shall be awarded the prevailing party. Architect is not liable for claims associated with construction defects for projects that do not include contract administration in 1650 East Vail Valley Drive, Fall In Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO the scope of services. The Owner's or Owners representative's signature below indicates acceptance of this agreement and the Owner's ability to encumber the property as security for this Agreement. Owner or Owner's Representative Signature: Date: Printed Name: Larry Brooks FRITZLEN PIERCE Title: Town Manager, Town of Avon, Colorado Architect's Signature: Date: Lynn Fritzlen or William F. Pierce for Pierce Fritzlen Architects, Inc. DBA Fritzlen Pierce Architects 1650 East Vail Valley Drive, Fallridge C-1, Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 E: info@vailarchitects.com www.vailarchitects.com Town of Avon Department of Public Works Memo To: Through: From: Date: Re: The Honorable Mayor and Town Council Larry Brooks, Town Manager Jennifer Strehler, Director of Public Works and Transportation January 24, 2008 Contract Award for a "noise study" for potential future attenuation berm Summary: The Town is evaluating the feasibility of constructing a noise mitigation berm along West Beaver Creek Blvd and partially located in the CDOT I-70 right- of-way. The Town requires the services of a noise testing and analysis firm for this work. The Town Council is requested to approve award of a "noise study" to Hankard Environmental Inc. in the amount not to exceed $12,000. Previous Council Action: Approval of the 2008 CIP Project #31011 "I-70 Noise Reduction Project" ($20,000) Background: The Town wishes to have the option to modify the right-of-way located north of West Beaver Creek Blvd and south of I70 such that it is more aesthetically appealing and reduces noise from the interstate. Figure 1 shows the approximate location for such a future berm. Means under consideration include construction of a earthen berm or a berm plus rockery stabilization wall. In addition, there may be other places in and around Avon where such modifications would be appropriate and beneficial. CDOT has established methods for measuring freeway noise and projecting future noise based on traffic projections and computer modeling. CDOT has also established a process for evaluating requests for use of CDOT right-of- way for placement of noise berms. Work to be performed under this contract is consistent with CDOT's technical and procedural requirements. Hankard Environmental, Inc. has recent experience with CDOT on noise studies and attenuation berm feasibility analysis. 1 Discussion: The proposed agreement is attached and has been reviewed by the Town Attorney. Services to be performed by the Contractor include noise measurements, modeling, mitigation analysis, documentation, and meeting attendance as described in Exhibit A of the Agreement. These services are consistent with the process defined by CDOT for evaluating and substantiating the need for noise abatement along freeway corridors of the state. The Town's CIP currently shows $625,000 for noise attenuation berm construction in 2010. It is our intent to determine the feasibility of this project from this noise study and subsequent discussions with CDOT. If it is deemed feasible (i.e., CDOT will allow use of their right-of-way for berm construction), then staff will gather an updated construction cost estimate and schedule this project for inclusion in the 2009-2014 CIP budget. Construction would likely occur over a number of years, with the Public Works Department accepting and grading -in clean fill in accordance with the approved berm design. Financial Implications: This Contract award is capped at $12,000.00. Funds are derived from the Town's CIP account for project #31011. After this expenditure, the remaining amount budgeted for this project in 2008 ($8,000) should remain available for purchase of engineering services to develop 1-2 potential preliminary grading plans for this berm. Such work will be commissioned after the results of this noise study have been evaluated. Recommendation: Staff recommends that Town Council approve contract award to Hankard Environmental, Inc. in an amount not to exceed $12,000.00 and authorize the Town Manager to sign the attached Agreement. Town Manager Comments: Attachments: Agreement for Services between the Town of Avon and Hankard Environmental 2 Approximate location of proposed earthen berm AGREEMENT FOR SERVICES BETWEEN THE TOWN OF AVON AND HANKARD ENVIRONMENTAL This is an Agreement made as of , 2008 between the Town of Avon, Colorado ("Town" or "Owner") and Hankard Environmental ("Contractor"). The Town is evaluating the feasibility of constructing a earthen berm along West Beaver Creek Blvd in Avon, Colorado. The Town has requested the services of the Contractor to assist with determining the potential noise abatement which such a berm would provide. The scope of services to be preformed under this agreement are described in Section One and Exhibit A, referred to as the "noise study". The Town and the Contractor agree in respect to the furnishing of services by the Contractor with respect to this project and the payment for those services in accordance with the terms and conditions as setforth herein. The maximum not to exceed amount of this contract is twelve thousand ($12,000.00) dollars. This Agreement constitutes the Town's written authorization to the Contractor to proceed on the date first written above with the Services described in Part One below. This Agreement will become effective on the date first written above. PART ONE: STATEMENT OF WORK 1.01 SCOPE OF WORK Contractor shall provide noise consulting services in support of the Town of Avon's proposed noise mitigation berm proposed to be along I-70. These services will include noise measurements, modeling, mitigation analysis, documentation, and meetings as described in Exhibit A. PART TWO: GENERAL TERMS AND CONDITIONS 2.01 LIMITATIONS ON CONTRACT TYPE This contract shall be: ❑ Lump sum El Cost plus fixed fee ® Time and materials with a not -to -exceed cap The fixed profit or fee for professional services shall be negotiated and established by the contract. Under no circumstances will the Town agree to a variable profit/fee structure (e.g., cost plus a percentage of cost as profit is not an allowed contract type). 2.02 CONTRACT DOCUMENTS Page 1 of 11 Contract shall consist of the contract instrument as negotiated and this Request for Proposal. This Part 2.0 describes general terms and conditions which will be included as part of the final contract. 2.03 SERVICES The work to be performed under this proposal consists of the furnishing of all labor, equipment, materials, expertise, tools, supplies, bonds, insurance, licenses and permits, and performing all tasks necessary to accomplish the work as it is described in Part 3.0, unless specifically excluded as agreed upon by contract negotiations. The Town reserves the right to negotiate scope and schedule to accommodate budgetary considerations. 2.04 DUTIES OF CONSULTANTS Consultants shall diligently undertake and perform all work required by the contract. The Contractor agrees to devote the number of persons and level of effort necessary to perform and complete the work in a timely manner. All work done will be performed to the highest professional standards and will reflect the thoroughness, attention to detail, and application of knowledge expected of professional consultants in the field. 2.05 OBTAINING DATA It shall be the Contractor's sole responsibility to obtain all additional data necessary to complete the work in a timely manner. The Town shall make any data in its possession that is relevant to the Contractor's activity, available to the Contractor upon request. Requests shall specify the type of information sought, and the period for which the data is required; however, the Contractor may not require the Town to seek reports from other agencies or to prepare original research. It shall be the Contractor's duty to discover and obtain data, research and prepare reports derived from private or public sources other than the Town. The Town does not vouch for the accuracy of any data other than its own. Data furnished by the Town shall be considered accurate only for the purpose for which it was originally gathered. The Contractor shall be solely responsible for any conclusions drawn from the data. 2.06 CHANGES The Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event the Contractor encounters circumstances which it believes warrants a change in the price, quality, quantity or method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for changed work. It shall be the Contractor's sole responsibility to notify the project manager in advance, in writing, of any work that it considers to be changed or extra. Failure to do so, and to provide and to receive approval before processing, shall waive any claim for additional payment. Page 2 of 11 2.07 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, the Contractor shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, the Contractor shall obtain any permission required prior to entering upon private property to perform any task required. In the event the Contractor is denied access to private property, the Contractor shall immediately notify the project manager and give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site that may be used for the same purpose. The Town shall thereupon endeavor to assist the Contractor in gaining any required access. 2.08 CARE OF PUBLIC AND PRIVATE PROPERTY The Contractor shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. The Contractor shall be liable for any damage done through its fault or that of its Subconsultants and shall restore any damaged property to the same or better condition as it was prior to the Contractor's interference. Site restoration shall be required for exploratory drilling, test pits, testing and sampling, etc. necessary to complete the work unless otherwise explicitly excluded in Section 3.0. 2.09 PAYMENTS The Contractor shall invoice the Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and Subcontractor charges to date of invoice. Approved invoices are paid within thirty days of presentation. Payment shall be only for work satisfactorily completed. 2.10 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate the contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to the Contractor at its address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of termination, the Contractor shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, the Contractor shall be entitled to receive an amount equal to the cost of work performed to date, including the cost of terminated subcontracts provided that in no case shall the amount allowed exceed the maximum contract price plus authorized change orders. 2.11 TERMINATION FOR DEFAULT Page 3 of 11 Upon failure of the Contractor to make satisfactory progress or failure to abide by the terms of the contract, or to obtain, furnish or keep in force any required permit, license, bond, or insurance, the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Contractor at its address upon the records of the agency. Notice shall be effective when mailed. Upon receipt of notice, The Contractor shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another consultant to do so and charge the excess cost thereof to the Contractor. 2.12 DISPUTES In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall consider the request and respond in writing within ten (10) days giving findings and the reasons for them. Any person dissatisfied with the findings of the Town Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The Town Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by fraud. 2.13 ASSIGNMENT OF CONTRACT The Contractor shall not assign the contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.14 SUBCONSULTANTS Specialty Subconsultants or Subconsultants may be used to perform such work as is customary in the Contractor's profession; however, reports required shall be presented by the Contractor (aka "Prime") who shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for fieldwork shall contain clauses similar in form and substances to the equal opportunity, termination for convenience, insurance and labor clauses found in this proposal. 2.15 CONSULTANT'S REPRESENTATIVE The Contractor shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Contractor upon all matters pertaining to this agreement. The Contractor's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. 2.16 INSURANCE Page 4 of 11 A. The Contractor shall procure and maintain the minimum insurance coverages listed in this section. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. The Contractor shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. B. Insurance shall be in the amounts required by the State of Colorado and the Town of Avon. In the event of a conflict, the higher level of coverage from these two authorities apply. The insurance coverages as required by the Town of Avon are as follows: 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for each employee of the Contractor engaged in the performance of work under the Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. 2. Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultants, products, and completed operations. 3. Commercial 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 the Contractor's owned, hired or non -owned vehicles or equipment assigned to or used in performance of the services. Each such vehicle shall be covered both on and off the work site. The policy shall contain a severability of interests provision. C. A certificate of insurance shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. In addition, the Town shall have the right to request and obtain copies of any insurance policies required hereunder. The certificate shall identify the Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The completed certificate of insurance shall be sent to: the Town of Avon, Attn: Patty McKenny, Town Clerk, 400 Benchmark Rd, Avon CO 81620. D. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of Page 5 of 11 contract upon which the Town may immediately terminate the Agreement, or at its discretion the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by the Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to the Contractor from the Town. E. The Town reserves the right to modify the insurance coverage requirements above in the final agreement to allow for lesser coverage if, in its sole judgment, the Town determines that adequate insurance is provided with a substitute arrangement. 2.17 EEO PROVISIONS The Contractor shall comply with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The Contractor shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.18 TIME OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this proposal shall be completed in its entirety on or before December 1, 2008, provided however, that the owner may in its discretion extend the time for the completion of the work without invalidating any of the provisions herein contained and without releasing any surety. Extension of time as provided above will be considered by the Town only upon receipt of written request from the Contractor, accompanied by written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions that have operated to prevent completion of the work within the specified time. 2.19 DUTIES AND OBLIGATIONS OF CONSULTANT The Contractor shall: A. Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the prosecution of the work provided for in the contract. B. Not permit any lien or claim to be filed or prosecuted against the Town on account of any labor or materials furnished. Page 6 of 11 C. Pay to the Department of Revenue all sums withheld from employees pursuant to local/state statutes. 2.20 PAYMENT OF CLAIMS BY THE TOWN If the Contractor fails, neglects, or refuses to make prompt payment of any claim of labor or services furnished to the Contractor or Subcontractor by any person in connection with the contract as such claim became due, the Town may pay such claim to the person furnishing the labor or services, and charge the amount of the payment against funds due, or to become due the Contractor, by reason of the contract. 2.21 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE In the event of termination of a contract for convenience of the Town, provisions shall be made for the payment of compensation to the Contractor. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the Contractor: A. Shall be determined on the basis of the contract price in the case of any fully completed separate item or portion of the work for which there is a separate or unit contract price; and B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. 2.22 INSPECTION OF PAYROLL RECORDS The Contractor agrees to the following statement: the Town, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. All required records must be appropriately maintained by the consultant/vendor for three years after final payment, and all other pending matters are closed. 2.23 AMOUNT OF RETAINAGE The Town shall retain an amount equal to ten percent (10%) of the contract price until final completion and acceptance of all work to be performed under the contract. 2.24 COSTS AND FEES In the event that any suit or action is commenced or arises from this proposal, each party shall bear its own costs and fees including attorney fees regardless of the outcome. This provision shall apply to the original action and any appeals. Page 7 of 11 2.25 STANDARDS OF CONDUCT No member, officer, or employees of the Town, or its designees or agents, nor member of the governing body of agency, and no other public official of agency who exercises any functions or responsibilities with respect to this contract during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All Consultants shall incorporate, or cause to be incorporated in all subcontracts, a provision prohibiting such interest. 2.26 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS The agreement between the Town and the proposer shall contain the following language: 1. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or contract with a sub -Contractor who knowingly employs or contracts with an illegal alien to perform work under this Agreement. Execution of this Agreement by the Contractor shall constitute a certification by the Contractor that it does not knowingly employ or contract with an illegal alien and that the Contractor has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by the United States Department of Homeland Security, ("Basic Pilot Program") in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States. 2. The Contractor shall comply with the following: (a) The Contractor shall confirm or attempt to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program. The Contractor shall apply to participate in the Basic Pilot Program every three months until all the Contractor requirements under this Agreement are completed or until the Contractor is accepted into the Basic Pilot Program, whichever occurs earlier. (b) The Contractor shall not utilize the Basic Pilot Program procedures to independently undertake pre -employment screening of job applicants. (c) The Contractor shall require each Subcontractor to certify that Subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. If the Contractor obtains actual knowledge that a Subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien the Contractor shall be required to: i. Notify the Subcontractor and the Town within three (3) days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and Page 8 of 11 ii. Terminate the subcontract with the Subcontractor if within three (3) days of receiving notice from the Contractor, the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three (3) days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. (d) The Contractor shall comply with any reasonable request by the Department of Labor and Employment ("Department") made in the course of an investigation by the Department. 3. If the Contractor violates any provision hereof, the Town may terminate this Agreement immediately and the Contractor shall be liable to the Town for actual and consequential damages of the Town resulting from such termination and the Town shall report such violation by the Contractor to the Colorado Secretary of State as required by law. 2.27 ERRORS AND OMISSIONS, CORRECTION The Contractor warrants that they employ, either direct or through subcontract, design professionals who are professionally licensed in the State of Colorado for the specific engineering and architectural disciplines for which they will provide services in this project. As such, the Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Contractor under this Agreement. The Contractor shall, within additional compensation, correct or revise any of the Contractor's errors or deficiencies in the designs, drawings, specifications, reports, and/or other services immediately upon notification by the Town. The Contractor will not be responsible for correcting errors or deficiencies caused by Town staff in conjunction with the Contractor's services. 2.28 TOWN'S APPROVAL The Town's approval of the designs, drawings, specifications, reports or other products of this Agreement in no way relieves the Contractor from the responsibility for technical adequacy and detailed accuracy. The Town's review, approval, acceptance of, or payment for these items shall not be construed to be a waiver of any rights by the Town under this Agreement. 2.29 OWNERSHIP OF DELIVERABLES Electronic copies of all deliverables prepared by the Contractor team will be provided to the Town in original file format and immediately become property of the Town; the Town reserves the right to use this information in any way it so desires without further compensation to the Contractor team or team firm components. Surveying, mapping, Page 9 of 11 base plans, and construction drawings prepared by the Contractor team will be provided to the Town in Autocad 2007 Edition. Specifications, permitting, and planning documents shall be provided in MS WORD 2007 Edition. All deliverables shall also be provided as cohesive *.pdf files (e.g., by CD or from an eRoom or ftp site) for ease of file sharing and posting on the Town's web site. 2.30 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS 1. The Contractor shall not: (A) Knowingly employ or contract with an illegal alien who will perform work under the public contract for services; or (B) Enter into a contract with a Subcontractor that fails to certify to the Contactor that the Subcontractor shall not knowingly employ or contract with an illegal alien who is newly hired to perform work under the public contract for services. 2. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the employment verification program established pursuant to C.R.S. 8-17.5-102(5) ("the Department Program") or the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended and jointly administered by the United States Department of Homeland Security and the Social Security Administration , or its successor program ("the E -verify Program") 3. The Contractor shall use either the E -verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this public contract for services is being performed. 4. The Contractor shall, within twenty days after hiring an employee who is newly hired for employment to perform work under the public contract, affirm that the Contractor has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. 1324a, and not altered or falsified the identification documents for such employees. The Contractor shall provide a written, notarized copy of the affirmation to the Town. 5. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: (A) Notify the Subcontractor and the Town within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and Page 10 of 11 (B) Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to paragraph 4(A) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 5. The Contract shall comply with any reasonable request by the Colorado Department of Labor and Employment ("the Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. 8-17.5-102(5)(a). 6. If a Contractor violates a provision of the public contract for services required pursuant to paragraphs 1-5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. This Agreement (consisting of Pages 1 to 11 inclusive) and Exhibit A identified above constitute the entire Agreement between the Town and the Contractor and supersede all prior written, oral, or electronic understandings. This Agreement may only be amended, supplemented, modified, or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. Town/Owner: Contractor: Signature: By: Larry Brooks Town Manager Signature: By: Mark Hankard President Date: Date: Address for Giving Notice: Town of Avon P.O. Box 975 400 Benchmark Rd. Avon, CO 81620 Page 11 of 11 Hankard Environmental, Inc. 100 Park Ave. Verona, WI 53593 Exhibit A Scope of Work for Agreement between the Town of Avon and Hankard Environmental for a "Noise Study" !TANKARD 'AENVERONMENTAL ACOUSTICS AND VIERATnON CONSY-Tf/16 June 3, 2008 Jennifer L. Strehler, P.E., M.B.A. Director of Public Works and Transportation Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Re: Proposal to Analyze Highway Noise Berm in Avon, Colorado Dear Ms. Strehler, Per you request, the following is a proposal to have Hankard Environmental conduct highway noise measurements and analyses for a proposed berm along Interstate 70 (I-70) in Avon, Colorado. Our analysis will determine existing noise levels (no berm), noise levels after the berm is constructed, and the amount of noise reduction that will be provided by the berm. We will provide a report that will document the different acoustical quantities that the Colorado Department of Transportation (CDOT) requires. The following provides a description of our qualifications, a scope of work, schedule, and cost. QUALIFICATIONS Hankard Environmental has been conducting noise studies in Colorado for over 15 years. We have analyzed dozens of highway noise issues for CDOT, as well as for local agencies, developers, architects and homeowners. We are very familiar with the I-70 Mountain Corridor and have conducted a variety of noise measurements and studies within the area, including Vail, Eagle -Vail, Eagle, and Cordillera. Hankard Environmental has conducted extensive highway noise measurements in the Vail Valley, as well as analyzed barriers and berms using the Federal Highway Administration's Traffic Noise Model (TNM) software program. We have gained a great deal of respect for our analyses throughout the CDOT organization. Please refer to www.hankardinc.com for additional information. SCOPE OF WORK TASK 1 -Analyze the Effectiveness of the Proposed Berm: We will construct a software model of the project site, validate the model by comparing its output to measured noise levels, and use the model to predict the effectiveness of proposed berm design(s). Specific work tasks include: Colorado • Wisconsin • Maine phone (303) 666-0617 • fax (303) 600-0282 • www.hankardinc.com HANKARD ENVIRONMENTAL Acoustics AND V16bAiiON CONSULTING • Gather project design data, including proposed topography, site layout, existing and future traffic data, etc. • Conduct short-term noise measurements on the project site. This includes measuring both traffic noise levels and monitoring the corresponding traffic conditions for the purpose of validating a noise model of the site. • Construct a Traffic Noise Model (TNM) of the site and use the model to predict the traffic noise level at sensitive locations (residences, schools) for existing conditions and for various berm alternatives. Predicted levels will be compared to CDOT standards. • Analyze the effectiveness of noise mitigation. Noise barriers will be analyzed using TNM, and a recommended length and height of the barrier will be provided along with the preferred location (unless already specified). • Document results in a report. A report will be provided that provides all the necessary technical details and results with the intent that it will be submitted to CDOT for their use is reviewing the proposed berm. TASK 2 - Conduct Long -Term Noise Measurements: Long-term (-one week) noise measurements are the best way to describe existing highway noise levels. They clearly show how traffic noise levels fluctuate over the course of the day and night. While these measurements are not necessary in order to comply with CDOT requirements, this data is very useful from the standpoint of justifying the project. Specific work tasks include: • Install three long-term noise monitors on site. • Recover, download, plot, and analyze noise measurement data for each site. • Document the results in a report. This would include all necessary technical details such as the measurement locations, equipment used, and a graphical display of the results. TASK 3 - Attend Meetings and/or Hearings: We are available to attend design meetings, agency meetings, etc., as needed. SCHEDULE AND AVAILABILITY We can complete Tasks 1 and 2 within four weeks of receiving a written notice -to -proceed. Delays to this schedule can occur due to inclement weather and/or to delays in receiving requested data (such as mapping and traffic volumes). Proposal to Analyze Highway Noise for Proposed Berm in Avon, Colorado page 2 June 3, 2008 "ENVIRONMENTAL Acoustics AND V.I A';ON CONSEL11N6 COST All work can be completed on a fixed -price or time -and -materials basis. The estimated cost for Task 1 is $5,500. The estimated cost for Task 2 is $3,900. The estimated cost for Task 3 is around $500 per on -site meeting. Each estimate includes all labor, expenses, and measurement equipment rental. A majority of this work will be completed by Mr. Jeff Cerjan, who has over 10 years of direct experience in highway noise measurement and analysis. Our 2008 Schedule of Charges is attached. Thank you for soliciting our input on this project. Please call if you have any questions. If this proposal is satisfactory, please advise me of your desired contracting mechanism. Sincerely, Jeff Cerjan Senior Engineer Attachment: 2008 Schedule of Charges Proposal to Analyze Highway Noise for Proposed Berm in Avon, Colorado page 3 June 3, 2008 "ENVIRONMENTAL —misoL ACOUSTICS AND VIBRATION .CONSULTING 2008 Schedule of Charges Labor: Travel Expenses: Mileage: Direct Expenses: Computer Equipment: Measurement Equipment: Expert Witness Principal Senior Engineer Staff Engineer Technical Support At Cost $0.50 per mile At cost No Charge $150.00 per hour $135.00 per hour $105.00 per hour $85.00 per hour $60.00 per hour Type I Third Octave Meter Type I Octave Meter Type I Noise Meter Type II Noise Meter Vibration Meter Meteorological Station Radar Gun Video Camera Traffic Radar System $150/day, $500/week $125/day, $400/week $100/day, $300/week $75/day, $250/week $125/day, $400/week $75/day, $150/week $50/day, $100/week $50/day, $100/week $150/day, $500/week Denver Colorado • Madison Wisconsin • Portland Maine phone: (303) 666-0617 • fax (303) 600-0282 • www.hankardinc.com TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, JUNE 24, 2008 MEETING BEGINS AT 4 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 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 4:00 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:00 PM -4:15 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES a. 2009 Budget Calendar (Scott Wright, Assistant Town Manager Finance) Review of dates for budget cycle retreat dates Oct 7- 8, 08 b. Community Organizations — Funding Request Process (Patty McKenny, Director Administrative Services) Review of process used for "request for funding applications" c. Financial Matters (Finance Department) Memo only 4:15 PM — 4:45 PM 3. TOWN OF AVON SKIER SHUTTLE (Tony O'Rourke, BCRC) Review of recent meetings with Avon & BCRC representatives and results of 07/08 skier shuttle services; review of proposal for cost sharing for 08/09 skier shuttle services 4:45 PM — 5:15 PM 4. VILLAGE (AT AVON)'S REQUIREMENT TO RECONSTRUCT EAST BEAVER CREEK BLVD IN 2009 (Justin Hildreth, Town Engineer) Review of the proposed project that is currently required to be built by Traer Creek Metro District in 2009 as stated in the Third Amendment to the Annexation and Development Agreement for the Village (at Avon) 5:15 PM 5. ADJOURNMENT Avon Council Meeting.08.06.24 Page 1 of 4 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: June 13, 2008 Re: 2009 Budget Calendar Summary: During the worksession on the 24th, staff would like to give Council an opportunity to review the attached budget calendar, including the dates for the budget retreat. Town Manager Comments: ,. N2 oZ 0 027 TOWN OF AVON 2009 BUDGET CALENDAR Date Description Budget kickoff meeting with staff to discuss budget process, issues Wed., June 25 and objectives. Tues. July 15 Tues. July 15 Thur., July 31 Thur., July 31 Departmental requests for services from other departments (e.g. Facilities Maintenance, signs, IT resources, etc.) should be communicated to that department and copied to the Finance Department Budget Narratives due to Finance Department for preliminary review of budget issues and goals and objectives for 2009 Personnel requests (adds and /or changes) due to Human Resources Department for review Salary surveys due to Finance Department for input into personnel spreadsheets Mon., Aug. 4 - Asset Management meetings with Recreation Department, IT Wed., Aug 6 Department, Fleet Manager, Public Works Director Fri., Aug 15 Personnel spreadsheets due for final input into line item detail Budget worksheets for 2009 budget requests , capital outlay Fri., Aug. 22 requests, and revenue manual sheets due to Finance Department Tues., Aug. 24 Presentation of preliminary long-range CIP plan to Council Mon., Aug 24 - Input of budget by Finance Department personnel. Budget meetings Fri., Sept. 19 with department heads and Town Manager. Fri. Aug. 29 Non-profit requests for funding due to Town Clerk Mon., Sept. 22 - Wed., Oct. 1 Finalization and printing of 2009 budget binder for budget retreat Thur., Oct. 2 Distribution of 2009 proposed budget to Council and staff Budget retreat with Council. Retreat will include departmental Tues./Wed., Oct. presentations, review of long-range CIP, final approval of non-profit 7-8 funding, and review of comprehensive financial model. Mon., Oct 13 Notice of Public Hearing published in local newspaper Tues., Oct. 28 Public Hearing on 200ibudgets Attendees and Responsible Party Dept. Heads & Staff Dept. Heads Dept. Heads Dept. Heads Human Resources Wright Joye Gelo; Human Resources Dept. Heads Town Engineer Dept. Heads: Town Manager McKenny Wright Wright Staff; Council McKenny Council 6/13/2008, 2:33 PM Page 1 TOWN OF AVON 2009 BUDGET CALENDAR Date Description Budget kickoff meeting with staff to discuss budget process, issues Wed., June 25 and objectives. Tues. July 15 Tues., Nov. 11 Tues., Nov. 11 Tues., Dec. 11 Departmental requests for services from other departments (e.g. Facilities Maintenance, signs, IT resources, etc.) should be communicated to that department and copied to the Finance Department Adoption of Revised 2006Budgets Adoption of 2009Operating Budget, C/P Budget, and Long-range plan Attendees and Responsible Party Dept. Heads & Staff Dept. Heads Wright; Council Wright; Council Certification of mill levy to County Commissioners Wright; Council 6/13/2008, 2:33 PM Page 2 MEMO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Administrative Services Director Date: June 17, 2008 Re: Community Organizations - Funding Request Process Summary: During the annual budgeting process the Town Council reviews request for funding applications submitted by various community organizations. Background: The Avon Town Council has supported various non-profit organizations over the years based on its financial ability to fund the requests. In 2004, due to Avon's budget constraints, the Town did not disperse its annual letter that asked organizations to submit funding requests. In 2005, the Council allowed groups who were interested in requesting funds to submit an application and make a presentation to Council for their request. In 2006 and 2007, the groups were invited to participate in the application process through the use of an advertisement in the newspaper. A grid rating system was developed to use in the process whereby Council ranks the organizations and funding amounts according to their preferences. This input was tabulated & summarized to assist in making the final decisions. There has been no group presentations made the last two years. Please find attached some information that has been provided to new Council members in the past in order to help frame this topic (Exhibit C). The primary justification that has been used in the past and will be used again this year for awarding funds has been based on the group's ability to prove how the organization benefits the Avon community directly. Discussion: As we begin the budgeting cycle for 2009, staff would pursue these funding requests in the same manner as last year if the Town Council still supports this process. Financial Implications: The budget includes a Financial Support, Donations & Contributions line item in the Public Relations & Marketing section of the document. This budget has varied over the past five years depending upon available general fund monies. The total awards provided the past few years are also attached as Exhibit B. Town Manager Comments: Attachments: Exhibit A: 2009 Application Guidelines Exhibit B: Summary & History of Funding Exhibit C: Miscellaneous Information related to Funding Requests by Community Organizations HEART of the VALLEY VO N C O L O R A D O Exhibit A APPLICATION GUIDELINES FOR COMMUNITY ORGANIZATIONS REQUEST FOR 2009 FUNDING Town of Avon PO Box 975 Avon, CO 81620 970-748-4000 Fax 970-949-9139 PLEASE INCLUDE THE INFORMATION BELOW IN YOUR REQUEST TO THE TOWN OF AVON FOR FUNDING OF YOUR ORGANIZATION OR PROGRAM. THE DEADLINE FOR RECEIPT OF THIS APPLICATION IS FRIDAY, AUGUST 29, 2008 BY 5 PM. APPLICATION GUIDELINES 1. Contact Information: Name of organization & mailing address, Contact person, telephone number, email address 2. Description & Purpose of the organization. 3. Description of the event or program and explanation of funding needs. 4. Amount of funds requested from the Town of Avon. 5. Amount of funds requested and/or provided from other agencies, organizations, companies (i.e. other funding committed). 6. Anticipated budget for the organization or event. 7. How the event or organization benefits the Avon community, please provide details. 8. If applicable, what marketing efforts will be made for this event or program and how will it benefit the Town. 9. The Town may request a progress report on the event or organization prior to its implementation and final report once the event is completed. 10. Include a description of any "in -kind" contributions and related cost that the Town of Avon provides to your organization, including but not limited to: land, buildings, and their facilities and/or services. Submittal Guidelines 1. Submit 20 packets (three hole punched). 2. Submit each packet with a binder clip or paper clip; NO staples or side binding. 3. Number each item on those sheets to correspond to the application guidelines above. 4. Return the application to: Patty McKenny, Director Administrative Services, Town of Avon P.O. Box 975, Avon, CO 81620 5. Incomplete Or Late Applications Will Not Be Considered. 6. If you are a tax-exempt organization, please include a copy of the determination letter from the Internal Revenue Service recognizing your tax-exempt status under IRS 501(c)(3). Exhibit B Town of Avon Summary and History of Funds Awarded to Community Organizations Business Name 2008 2007 2006 Awarded Awarded Awarded Funds Funds Funds Airplanners 12,000 - Avon Business Assciation - 1,500 Bravo! Vail Valley Music Festival 10,000 Brightstart for Eagle County Kids 3,000 Eagle County Housing Department Eagle County Crimestoppers Eagle River Watershed Council Eagle Valley Alliance for Sustainability Gore Range Natural Science School The Eagle River Youth Coalition Vail Symposium 10,000 10,000 8,000 5,000 5,000 1,000 15,000 15,000 11,750 10,000 14,600 15,000 10,000 10,000 - 1,000 500 in kind bus Vail Valley Foundation 50,000 50,000 50,000 Page 1 6/17/2008 Exhibit B Town of Avon Summary and History of Funds Awarded to Community Organizations Business Name 2008 2007 2006 Awarded Awarded Awarded Funds Funds Funds Vail Valley Partnership 14,000 14,500 16,200 TOTAL FUNDING REQUESTS $ 123,500 $ 120,600 $ 118,950 Donation for BCRC is considered Marketing Budget Item Beaver Creek Resort Company of 60,000 100,000 100,000 Colorado Page 2 6/17/2008 Miscellaneous information related to Non Profit Funding Process Exhibit C The following information is provided in hopes of framing the discussion of funding for community groups: Justifications for awarding funds has been based on some of the following as reflected in the application guidelines: • the group's ability to prove how the organization benefits the Avon community directly • what marketing effect the event or project has had for the Town other criteria that could be used include: • does the group support the Town's mission statement • will the contribution to the group affect Avon's future health, etc. Also provided in the past was some information from the Colorado Municipal League's "Gift -giving Options" Handbook, a book that provides information about types of funding relationships between municipalities and outside agencies, non -profits, and community organizations. The handbook notes that this type of local government participation varies in Colorado, often based on the philosophy of the standing council members and whether or not there are available discretionary funds. Proposed criteria outlined in the book included the following: ✓ Desire — is there a desire among elected officials to propose such a program ✓ Need - is there need for such a program in your community ✓ Budget — does your municipality have the funds to give? ✓ Staff Time — is there a need for staff to participate in the program ✓ Program Type — what type of a program is it, informal program with no oversight, formal program with dedicated funding sources and board oversight ✓ Recipients — what type of organizations or activities will the program provide funds Conversations with Vail, Breckenridge & Eagle County have taken place in order to get a comparison of how the process works in other municipalities. The process does not appear to have consistent parameters from town to town; each municipality uses different criteria, some appoint committee to review the applications. After further discussions last year, the Council has agreed to use the rating system to evaluate the applications and then provide for an opportunity to discuss the preferences at a work session. Memo Funding Requests Yr 08 Page 2 of 2 FINANCIAL MATTERS June 24, 2008. 1. YTD Building Revenue Report Actual vs Budget - May 2008 2. Detail - Real Estate Transfer Taxes - May 2008 3. Accomodations Tax Worksheet Actual vs Budget - April 2008 4. Sales Tax Worksheet Actual vs Budget - April 2008 M 0 0 N cy H O N 0 dI O N N to H a 0 m 0 0 zw N 0 a N 0 H H O Z M N CV ON HP z w 0 w 0 61 0 0 N N M 0 0 0 0 0 0 W S N N ll'1 N 10 10 M M M ›I N W M 0 N M MM M N II)000 N N LON N H H H 0 W H O l0 t0 l0 O 0 In W O H O O N N N N AH 00 H O N 0 W 01 01 O1 N d I M O M W O H H H H M O N N O Ill II) In U C' t` 01 01 NN Il) NMNN N N N CDC:I N 0 I11 N N N H H H W m..0 In000 W W W HHNNO W HMOIf1 M M M z Q N m H 01 01010 N N N N 001 H W 01 N dI H 0 O O OW N 11 0 0l 0 H 0I W 01 0 0 W N l0dI NNdIM 0 0 dI H N H H dI W RECEIVABLES 0000 0000 0 0 0 0000 0000 0 0 0 0(0 OOOO 0000 0 0 OH 0000 0000 0 0 HO 0 H 0 MM lf) O if) 0 0 WW M SO N MN 1 N MM 0 U O H ID CO Ul l0 l0 W . . 0 0 0 H N l0 l0 0 0 10 ID .0 0 a O H 0000 0000 0 0 0 U W 00000000 0 0 0 U 0 •••• rd Q •0 0 0 0 0 0 0 0 O 0 0 P 0 0 0 O O O O O O 0 '0 W 0000 0000 o o 0 CD '0j Ill O 0O Il) In u) if) u) O O 0 11) H H CO CO I� N M M dI N N N H0 l0 N dI lf) M M M O 0 • U U m '0 4 H O -a H RS 4 P 0 OH W I W H H II 0 Q I W rd M I H H W W Iu (aH W I HEH m mr W m H£ Z7 m I HHHOH WW W 1z-1 E\ g07O0 WU a • r4r46wr4 H ,7.IHO Om 00OH H OI W a W x000 00OM QO 0I-7 H 4 UHOW O r1'i 00 0 i--�HO H OOHQ OO.Hfkm H HO 01 G-, W OO I HH 0000 H00 MWH O z-000 rah 00 QM H▪ WUMrz�pHOO pN(a HO pW0HIM Oi-] ED I) I i-7W W i-7PWm 0 CO H— •• 001 W OE -I1 00100) 010)00 0W HH U"M 0H4 CI ..0x. W HH Z a m----,” z z > O FC i7 0 I 0 VON 0 H W W I H� H 0 HH 0 001 H P H 0 0 •• •• 00 wa 1 m 0 HM(aa HNMa 000 WO HaQ W :q0 O 000 r$ OOOr.4 H� aU WHO !WWOH U NNNH NNNH QH M4 cpc)WPM WaH INLNH mmmH H H H TOTAL TITLE NOT FO TOTAL GENERAL FUND TOTAL REPORT Town of Avon Real Estate Transfer Tax Calendar Year 2008 Purchaser Name Apr -08 Resort Closings 1st American Heritage 1st American Heritage 1st American Heritage Title Company Rockies Resort Closing Title Company Rockies Donald & Barbara Meduna Erin & Robert Plante Timothy & Heather Losa Robert & Scherezada Milfeld E 210 LLC Redfearn Enterprises LLC A&M Group Inc David Forenza David Forenza Property Christie Lodge Timeshare Falcon Pointe 109-7 Falcon Pointe 412-13 Falcon Pointe 412-20 Mtn. Vista 5-19-08 Mtn. Vista 1427-39 Mtn. Vista 1514-48 1516-50 Lakeside Terrace B-304 Avon Lake Villas # 31 Season @ Avon # 212 Sunridge @ Avon II N-303 Liftview E-210 Avon Square Commercial 209-210 Avon Commercial Park 1 -NE Lot 47 Blk 4 WR Lot 48 Blk 4 WR Total May Revenue Total YTD Revenue Total 2008 Budget Variance, Favorable (Unfavorable) Amount Received Riverfront PUD 279,217.72 $ 2.05 190.00 190.00 19.00 5,014.80 6.95 590.00 299.95 10, 500.00 6,061.54 6,300.00 7,500.00 4,240.00 4,800.00 11, 000.00 10, 000.00 66,714.29 345, 932.01 8,548,204.00 5,048,204.00 The Gates at Beaver Creek 1,000,000.00 (8,202,271.99) $ (5,048,204.00) $ (1,000,000.00) 0 0 0 0 0 0 0 0 0 TOWN OF AVON ACCOMMODATIONS TAX WORKSHEET D Collections 2008 Actual a) 0 C C6 L U 0 O YTD Collections 0 O O N E O 4- a) O O N O N 000N000C\Ir 0 0 0 0 0 0 0 0 0 CC) N- LO 0 0 0 0 0 0 0 0 N N- a) t!') 0 0 0 0 0 0 0 0 N 00000000 a) t0 co Co O 00 N I) O r N LC) V CO I� r N r N- CO' N- CV - CO a) N Ef3 CC) r 0 0 CO 0 r a0 a) 0 M (0 N- N O CO N- 0 0 CO O P') N CSC) a) r C0 O N 00 (0 N N- N d' a) to 0 N- 6) 0) O N CO O CO CO) CO- CO CO CO N- 0) 0 00 (fl N N N N (fl Ef3 N V C7 0 a') 'cr CC) Or LC) (Na) CO r d- N CO CO CO V CO N O N V LO 4 4 N N V V O N O N a) a) co co O N N 0 0 CO N CO CO CO CO co- O co- 00 O N- co- CO V to (fl N- - r N N N a) Ef3 0 a) N CA CO N CO 0 0 0 N CO CO CO LO O CO O O O O CO O a) N- a) 0 N N 0 M 00 N l- Cmf) a)r-- a) a) 000 N- CO ..0 a) (00 O co 0 0 V � ') 0 a) a 00 ccia) 0 V V 0 (fl N C() Ef3 a) a) O (fl N CO O V 0 N LC) LC) 0 CO O C() 0 N 0 0 C (h (fl O (fl 0) N Cn 00 V N O O co a) O C() C() O a) d- 0 CO N CO CO CO 0 O LC) V 0) LC) O N Cf) 00 O N oo V 0 0 0 d' co co N r In Ef3 Ch 0 N Co 0 � O co 6 Ch 4 Ef3 C() Cb Cp m N- N-Cr) CC) 00 CO COrN 0LO 0) CC) N- O C() lb 0 O 0 C!) 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E E E '- 2 7, T O J, C (1 0> 0 -,• u-n¢-,-3Q(n0Za 2,129,439.01 5,573,212.91 4,999,786.12 4,676,449.91 CD N CD CO O) Co Co fR CO CD CO Co L6 BEAVER CREEK RESORT COMPANY OF COLORADO MEMORANDUM TO: President and Board of Directors FROM: Tony O'Rourke DATE: June 18, 2008 RE: Town of Avon Skier Shuttle CC: Larry Brooks, Town Mayor, Jennifer Strehler, Director of Transportation On Monday, May 12th, Resort Company Directors, John Garnsey, Jim Kaylor and Jim Donohue discussed the results of the 07'-08' Avon skier shuttle and plans for the 08'-09' Avon skier shuttle with Mayor Ron Wolfe, Amy Phillips, Larry Brooks and Jennifer Strehler. The 07'-08' Avon skier shuttle got off to a slow start due to inadequate communications between Avon lodges and their guests concerning the skier shuttle and the frequent operation of only one bus (20 minute headway) instead of the scheduled two buses (10 minute headway). Between late November and February approximately 20,000 rides used the Avon Skier Shuttle. March skier shuttle ridership jumped to 18,535 due to a regular schedule of two buses and improved communication from Avon lodges to guests about the skier shuttle. The Avon skier shuttle agreement between the Town of Avon and the Resort Company, executed on November 24, 2007 included the following key points: • The skier shuttle service cost was to be equally shared between the Town of Avon and BCRC. The original cost estimated for the 07'-08' skier shuttle was $179,000. Due to the use of only one verses two buses for much of the winter. staff is estimating 07'-08' cost between $90,000 to $100,000. • To achieve a financially sustainable skier shuttle service, the Town of Avon expressed a willingness to place a question on the ballot for November 2008 which would dedicate funds for a skier shuttle. The proposed dedicated funding source would be either a lodging accommodation tax increase or general improvement district will buy. • In coordination of this ballot initiative, the Town of Avon requested the Resort Company advocated for passage of the ballot measure via a public information program. For the 08'-09' ski season, The Beaver Creek Resort Company is recommending a consistent two bus operation to achieve a 10 -minute service between Avon and Beaver Creek plaza between November 22, 2008 and April 12, 2009 from 8am to 11am and from 2:30 pm to 5:30 pm seven days a week. The projected cost of this service is $120,000. The Beaver Creek Resort Company would propose sharing this cost with the Town of Avon. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E. Town Engineer OIY Date: June 19, 2008 Re: Village (at Avon)'s Requirement to Reconstruct East Beaver Creek Blvd in 2009 Summary: On November 13, 2001, the Town of Avon (TOA) Town Council adopted an ordinance approving the First Amendment to the Annexation and Development Agreement for the Village (at Avon). There is a requirement in Section 4.3(b) of the Development Agreement (Exhibit A) which requires the Town to design and obtain any necessary right-of-way for the East Beaver Creek Boulevard streetscape project and the Traer Creek Metro District (District) to construct the improvements and reimburse the Town for any out-of-pocket costs incurred by the Town in obtaining the right-of-way. On October 26, 2004, the TOA Town Council adopted Ordinance 04-17 approving the Third Amendment to the Annexation and Development Agreement for the Village (at Avon) (Development Agreement). In Section 4.3(b)(iii) of the Third Amendment to the Development Agreement (attached as Exhibit B) delayed the Phase 3 improvements for East Beaver Creek Blvd to be started by April 15, 2009, and completed by December 31, 2009 from the same dates in 2005. The Phase 3 Improvements consist of reconstructing E. Beaver Creek Blvd from the western terminus of Beaver Creek Place to the western boundary of The Village (at Avon). The improvements are to be in general conformance with the East Beaver Creek Blvd. Streetscape Improvement Plans (Plans) dated April 2000, prepared by Inter -Mountain Engineering, Ltd (attached as Exhibit C). Previous Council Action: • Town Council approved the Village (at Avon) the Annexation and Development Agreement for the Village (at Avon) on October 13, 1998 • Town Council approved the First Amendment to the Annexation and Development Agreement for the Village (at Avon) on November 2001 • Town Council approved the Second Amendment to the Annexation and Development Agreement for the Village (at Avon) on May 27, 2003 • Town Council approved the Third Amendment to the Annexation and Development Agreement of the Village (at Avon) on October 26, 2004 Discussion: The 2008 Capital Improvements Projects (CIP) budget includes $300,000 to update the design of the E. Beaver Creek Blvd streetscape project and obtain any necessary easements or rights of way and the 2009 CIP budget includes $3,000,000 for the construction of the streetscape project. Section 4.3(b) of the Development Agreement states TOA is responsible for obtaining all property and right-of-way required for the E. Beaver Creek Blvd. improvements and all out-of-pocket costs incurred by the TOA shall be reimbursed by the District. The District is responsible for constructing the improvements and is required to initiate construction by April 15, 2009 and cause completion on or before December 31, 2009. Previous discussions with the District indicated that the TOA will construct the project and be reimbursed by the District (correspondence attached as Exhibit D). Generally, it is a good idea for the TOA to construct the improvements on behalf of the District because the TOA has the staff • Page 1 resources to ensure the project is completed properly. It is important that TOA undertakes this endeavor only if collateral in an acceptable form is posted to ensure the TOA is reimbursed in a timely manner. A significant delay in getting reimbursed for this project will have significant impact on future CIP budgets because of the large cost of this streetscape project. The existing Plans show E. Beaver Creek Blvd being widened to accommodate new center islands with landscaping. The islands will help control left hand turns into the numerous private drives. The disadvantage of the islands is that they do not accommodate the turning movements of large delivery vehicles and TOA buses. Also, widening E. Beaver Creek Blvd will require the TOA to purchase, and potentially condemn, additional right-of-way, removal of numerous existing trees and landscaping, and significantly reduce the amount of snow storage. Staff is recommending that the Plans be modified to remove the islands. The existing streetscape drawings show 12 foot wide lanes and Staff is recommending that they be reduced to ten foot wide lanes. These two modifications will significantly reduce the amount of easements and right-of-way required for the project. Financial Implications: There is $300,000 budget this year and $3,000,000 budget in 2009 for the East Beaver Creek Blvd streetscape project. These funds are intended to be reimbursed by the Traer Creek Metro District. Recommendation: Staff recommends that the East Beaver Creek streetscape plans be modified to reflect current conditions and that the center islands be removed to mitigate the impacts to the adjacent properties. Also, Staff will proceed to negotiate with Traer Creek Metro District on obtaining acceptable surety for the 2009 construction of the project. Proposed Motion: No motion is required at this time. Town Manager Comments: *tv Attachments • Exhibit A — Section 4.3(b) of the First Amendment to the Annexation and Development Agreement for the Village (at Avon) • Exhibit B Section 4.3(b)iii of the Third Amendment to the Annexation and Development Agreement for the Village (at Avon) • Exhibit C - East Beaver Creek Blvd Streetscape plans prepared by Inter -Mountain Engineering and Terrasan • Exhibit D - August 20, 2007, Correspondence from Justin Hildreth to Dan Leary • Page 2 Exhibit A Property prior to completion of the Interstate 70 Improvements shall be subject to the following provisions: N CA N cr • o m 6; 0 4o N O �m N- Ca� CO mimemom IX 0 moommel L O - N 40 L A N (a) Prior to the District completing construction of the Interstate 70 Improvements, Owner shall be entitled to apply for and receive from the Town building permits and certificates of occupancy for forty percent (40%) of the Dwelling Units permitted under the Development Plan and three hundred fifteen thousand (315,000) square feet of Commercial Space. If the Interstate 70 Improvements are not completed by the Interstate 70 Completion Date, then the Town shall have no obligation to issue building permits for development hi excess of the foregoing numbers after the Interstate 70. Completion Date until the Interstate 70 Improvements have been completed. However, if the Town issues a building permit which, upon completion of construction, will result in more than two hundred sixty thousand (260,000) square feet of constructed Commercial Space, cumulatively, within the Property, then the District shall have commenced construction of the Interstate 70 Interchange prior to the Town being obligated to issue any certificate of occupancy which will result in the occupancy of more than two hundred sixty thousand (260,000) square feet of constructed Commercial Space, cumulatively, within the Property. (b) Except as described in subparagraph (a) of this Section 4.2, the Town shall have no obligation to issue building permits or certificates of occupancy for Dwelling Units or Commercial Space until construction of the Interstate 70 Improvements is completed. If (A) construction of any Dwelling Units or Commercial Space other than that described in subparagraph (a) of, this Section 4.2 has been commenced but has not been completed on the Interstate 70 Completion Date, and (B) the Interstate 70 Improvements have not been completed by such Interstate 70 Completion Date, then, upon receiving written notice from the Town, the Owner shall cease construction of such Dwelling Units or Commercial Space, as the case may be. Notwithstanding the foregoing, upon written request of Owner, the Town may consent to issue building permits in excess of the restrictions set forth above and permit construction on projects in progress to continue to completion, and issue certificates of occupancy, past the Interstate 70 Completion Date, which consent shall not be unreasonably withheld or delayed. (n) Section 4.3(b) is amended and restated to read in its entirety as follows: (b) Subject to timely obtaining the necessary rights -of -way and permits, the District shall cause East Beaver Creek Boulevard to be connected to the western boundary of the Property and extended through the Property to the Highway 6 Connector Road (the "East Beaver Creek Boulevard Improvements"). The Town will timely obtain and make available to the District all property and rights -of -way required for the East Beaver Creek Boulevard Improvements and the out-of-pocket costs incurred by the Town in purchasing or otherwise obtaining such property and rights -of -way shall be reimbursed by the District. Construction of the East Beaver Creek Boulevard Improvements shall occur in phases, as set forth below: 492674.12 MLAYER 10/4/018:04 AM 4 Exhibit B 2. Amendments. The Agreement is hereby modified as follows: (a) Section 1.1.16 is amended and restated to read in its entirety as follows: 1.1.16 Exhibits: The following Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A — Legal Description of the Property Exhibit B — Police Services Methodology (b) A new Section 1.1.27(a) is inserted (after existing Section 1.1.27 and before existing Section 1.1.28) to read in its entirety as follows: 1.1.27(a) Police Services Methodology: The agreed upon methodology for calculation of the Town's annual cost of providing police services to the Project, as generally described in Section 4.5(a) and specifically set forth in the spreadsheet entitled Calculation of Police Services Village (at Avon) 2005 Projected Budgeted Revenues, a copy of which is attached as Exhibit B of this Agreement, and which shall apply to the calculation of the police services component for the period commencing July 1, 2004, and continuing through the term of this Agreement. (c) Sections 4.3(b)(iii) and 4.3(b)(iv) are amended and restated to read in their entirety as follows: (iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the "Phase 3 Improvements") shall consist of the following improvements to the segment of East Beaver Creek Boulevard between the western terminus of Beaver Creek Place and the western boundary of The Village (at Avon): (A) construction of a two-lane roadway with a third auxiliary lane at intersections and access points; (B) streetscape improvements to the segment between the western terminus and the eastern terminus of Beaver Creek Place, which improvements shall be in general conformance with the East Beaver Creek Boulevard Streetscape Improvement Plans dated April 2000, prepared by Inter -Mountain Engineering, Ltd. for the Town of Avon; and (C) streetscape improvements to the segment between the eastern terminus of Beaver Creek Place and the western boundary of The Village (at Avon), which improvements shall be in general conformance with the streetscape improvements within Planning Area A. Subject to the Town's timely issuance of the requisite permits, the District shall commence the Phase 3 Improvements by April 15, 2009, and shall employ commercially reasonable efforts to cause completion of the Phase 3 Improvements on or before December 31, 2009; provided, however, that in the event of an earlier re -subdivision of any area within Planning Areas A through F, inclusive, as depicted in The Village (at Avon) PUD Development Plan Administrative Amendment No. 1, dated May 21, 2001, and recorded in the Office of the Eagle County Clerk and Recorder on July 31, 2001, at Reception No. 763439, the District shall commence the Phase 3 Improvements by April 15, and shall employ commercially reasonable efforts to cause completion thereof by December 31, of the year immediately following the recordation of any final subdivision plat which re - subdivides any such area. 628311.3 3 Exhibit C \CAO\ORAAINGS\90030\90030 General Notes 1. The Contractor shall, schedule o preconstruction meeting with the Owner and the Engineer of least 48 hours prior to the start of construction. Plans will be distributed of this meeting. No construction will be permitted prior to the preconstruction meeting. The Contractor is warned that conflicts with existing utility services moy exist. Prior to beginning any construction, the Contractor shall contact oil appropriate utility companies for line locations. He shall then locate oil utilities (including depth). Any conflicts with the proposed construction shall be brought to the attention of the Engineer so that minor line or grade changes con be mode to eliminate any conflicts with these existing utilities. All existing utilities shall be protectedfrom damage by the contractor. Damaged utilities shall be repaired by the contractor at no expense to Owner. Contractor is responsible for coordinating construction with COOT and other interested entities. Contractor shall obtain at his expense all permits and inspections which ore necessary to perform the proposed work. Permits shall be obtained and inspections scheduled a minimum of 48 hours in advance of construction. 4. All construction shall conform to municipal or district standards and specifications and be subject to construction observation by their representatives. Copies of municipal and district stondords must be obtained by the Contractor. Contractor shall hove one (1) signed copy of the pions (approved by the District), and one (t) copy of the appropriate specificotions on the job site of of times. The Contractor shall have one complete set of the Contract Documents on the job site at oil times. 5. Contractor shall not scale drawings for construction purposes. Any missing dimensions or discrepancies In pions, field stoking or physical features shall be brought to the attention of the Engineer. If Contractor proceeds with the work without notifying the Engineer, he does so at his own risk. 8. If construction documents ore unclear, or if errors or discrepancies are discovered, the Engineer shall not be noble if the. Contractor or client mokes his own Interpretation of and/or revises the original intent of the construction documents and design drawings. Observations of the work in progress and/or field testing performed by the Engineer shot In no way excuse the Contractor for defects discovered in his work 8. Unless otherwise specified In the details, oil disturbed areas shall be compacted to 95% Standard Proctor Density (ASTM 0-698). 9. Compaction testing shall be done periodically by the owner. These tests ore intended to provide the Owner a greater degree of assurance that the contractor is complying with compaction requirements. The Contractor is not to rely upon these tests for fill control, nor ore these tests to be construed as a guarantee by the Engineer of the Contractor's contractuoi obligation. 10. Safety is the sole responsibility of the Contractor, The Engineer is not responsible for safety in, on, or about the project site, nor for compliance by the appropriate party with any regulations relating thereto. 11. The Contractor shall provide oil lights, signs, barricades, flogmen or other devices necessary to provide for public safety in accordance with the current Monuol of Uniform Traffic Control Devices, Including the State of Colorado Amendments. 12. The Contractor shall of all times keep a separate full set of contract drawings marked up to fully Indicate as —built conditions. Said drawings shall be provided to Inter —Mountain Engineering upon completion of the work. As —built drawings will be compiled by Inter — Mountain Engineering prior to final acceptance. Contractor Is to provide at leost two ties from physical monuments to all fittings, services line stubs and manholes. 13. Sediment and erosion controls shalt be installed to meet NPDES Permit and Eagle County specifications. 14. Disturbed areas shall be revegetoted in o timely manner with o minimum of 4 Inches of topsoil and on acceptable local seed mix. 15. Cut and/or fill slopes shall not exceed 2 horizontal feet to 1 foot vertical. 16. Construction staking to be performed by o Colorado Licensed Professional Lond Surveyor. BID AND CONSTRUCTION PLANS - PHASE I FAST Hh/A VER CRh11h1'K /OULFVARD THE TOWN OF AVON EAGLE COUNTY, COLORADO NOTE: THIS PLAN SET SHOULD BE ISSUED WITH SOUTH AVON ROAD IMPROVEMENT PLAN SET vo- +0 VICINITY MAP SHEET INDEX CO Cl C2 - C3 C4 - C6 C7 C8 - C9 00 - C11 C12 - C13 LI - L2 L3 - L4 L5 - L6 /1 -/2 /3 El £2 - E3 COVER SHEET S/7£ & PHASING PLAN EAST BEAVER CREEK DEMOL/I70N PLAN EAST BEAVER CREEK PLAN & PROFILE EAST BEAVER CREEK CROSS SECTIONS EAST BEAVER CREEK UTILITY PLAN EAST BEAVER CREEK STRIPING PLAN DETAIL SHEETS LANDSCAPE LAYOUT/GRAD/NG PLAN LANDSCAPE PLANTING PLAN LANDSCAPE DETAILS IRRIGATION PLAN IRRIGATION DETAILS ELECTRICAL AND LIGHTING PLANS ELECTRICAL AND LIGHTING DETAILS LEGEND -7500 —EX-SS- -EX-MT— —EX-PHLWE -- X X U n O Q„ *Milo Ci® 7-11 LAARSCAPE AROWIECP. 8164A.4W PLAMMYC AND LANDSCAPE AACHITEC7CNE 16e0 GRAN STREET DOOM CO 82218 202 331 1717 (Aw) 203.031 7818 PRIGAT1CMr H1'DROSYSIEMS AVG 290 UNION ECM, SUITE 230 LAeETIQLI7, CO 60228 JOS 980 /123 (A ) 301 980 STM DUSTING 5 R CONTOUR 055TNG 1 FT CONTOUR PROPOSED 5 FT CONTOUR PROPOSED 1 FT CONTOUR PROPERTY LINE 0551X0 EDGE OF PAVEMENT PROPOSED EDGE OF PAVEMENT PROPOSED 4- PVC CONDUIT PROPOSED WALL E10S1fNO WALL PROPOSED STRIPING PROPOSED °INTERLINE PROPOSED TOP BACK Of CURS DIMING TOP BACK OF CURB PROPOSED PARMNG PROPOSED SAMCUT CHAPEL SQUARE FLOW UNE COSTING BUILDING EGST NG SANITARY SEVER UNE EXISTING WATER MAIN EXISTING RHONE LINE EXISTING FENCE E105TING GAS MAN EXISTING GUARp2NL EXISTING CULVERT PROPOSED CULVERT PROPOSED TREE PROTECTIQI PROPOSED DRAINAGE MANHOLE EXISTING SIDEWALK PROPOSED SIDEWALK EGOSTING SANITARY SEVER MANHOLE EXISTING TYPE R INLET PROPOSED TYPE R INLET CessNG TELEPHONE PEDESTAL EGOSRNG FIRE HYDRANT PROPOSED FIRE HYDRANT EXISTING STREET uOHT DOSING STREET SIGN EIIS11NG TREES AND SHRUBS OWL ENGINEER. 0117114-MOI0AVTAev ENGRNERAVC LID 77 METCALF 84240 AVM CO 87620 970 949 8072 Ow) 970 949 9322 0620710040 AND Loma E1ECDBCAL AA9 UG'117HC DINEER840 CGVSCCTAN S 40801 LLS MW 6 C 24 SYR72 200'8 £ALXE--PAL CO 81820 970 748 83320 (Asr) 970 748 8521 a 'EATER CREEK BOULEVARD h PHASE I IMPROVEMENTS O y0 EAGLE COUNTY, OCaewri .1, co TOD a�Ax SSM u4 qsm 4/7/00 iNIZIL,T NCI 99-0030£ SECTIA CO OF 13 BID AND CONSTRUCTION PLANS - PHASE / \CA0\DRAWINGS\9003Q\9 General Notes 1. The Controctor shall schedule a preconstruction meeting with the Owner and the Engineer of least 48 hours prior to the start of construction. Pions will be distributed of this meeting. No construction will be permitted prior to the preconstruction meeting. 2. The Contractor is warned that conflicts with existing utility services moy exist. Prior to beginning any construction, the Contractor shall contact oil appropriate utility componiee for line locations. He shall then locate oil utilities (including depth). Any conflicts with the proposed construction atoll be brought to the attention of the Engineer so that minor line or grade changes con be mode to eliminate any conflicts with these existing utilities. All existing utilities shall be- protected from damage by the contractor. Damaged utilities shall be repaired by the contractor of no expense to Owner. Controctor Is responsible for coordinating construction with CDOT and other interested entitles. 3. Contractor shall obtain of his expense oil permits and inspections which ore necessary to perform the proposed work. Permits shall be obtained and inspections scheduled o minimum of 48 hours In advance of construction. 4. All construction shall conform to municipal or district standards and specifications and be subject to construction observation by their representatives. Copies of municipal and district standards must be obtained by the Contractor. Controctor sholl hove one (1) signed copy of the pions (approved by the District), and one (1) copy of the appropriate specificotions on the job site at all times. The Contractor shall hove one complete set of the Contract Documents on the job site of all times. Controctor shall not scale drawings for construction purposes. Any missing dimensions or discrepancies in pions, field stoking or physical features shall be brought to the attention of the Engineer. If Controctor proceeds with the work without notifying the Engineer, he does so at his own risk. If construction documents ore unclear, or if errors or discrepancies ore discovered, the Engineer shall not be liable if the Controctor or client makes his own interpretation of and/or revises the original intent of the construction documents and design drawings. 7. Observations of the work in progress and/or field testing performed by the Engineer shall in no way excuse the Controctor for defects discovered in his work 8. Unless otherwisespecified In the details, oil disturbed areas shall be compacted to 95% Standard Proctor Density (ASTM D-698). 9. Compaction testing shall be dons periodically by the owner. These tests ore intended to provide the Owner a greoter degree of ossuronce that the controctor is complying with compaction requirements. The Controctor is not to rely upon these testa for fill control, nor ore these teats to be construed os o guarantee by the Engineer of the Contractors controctuol obligotion. 10. Safety is the sole responsibility of the Contractor. The Engineer is not responsible for safety in, on,or about the project site, nor for compllonce by the appropriate party with any regulations relating thereto. 11. . The Controctor shall provide all lights, signs, barricades, flagmen or other devices necessary to provide for public safety In accordance with the current Manual of Uniform Traffic Control Devices, Including the State of Colorado Amendments... 12. The Contractor shall of all times keep a separate full set of contract drawings marked up to fully indicate os—built conditions. Sold drawings &loll be provided to Inter —Mountain Engineering upon completion of the work. As —built drawings will be compiled by Inter — Mountain Engineering prior to final acceptance. Contractor is to provide of least two ties from physical monuments to all fittings, services line stubs and manholes. 13. Sediment and erosion controls shall be installed to meet NPDES Permit and Eagle County specifications. 14. Disturbed areas shall be revegetated in o timely manner with a minimum of 4 Inches of topsoil and on acceptable local seed mix. 15. Cut and/or fill slopes shall not exceed 2 horizontal feet to 1 foot vertical. 16. Construction stoking to be performed by a Colorado Licensed Protessionoi Land Surveyor. FAST Jh,'A VI'I'R CRh,'n'J HO ULK VA It'D NOTE: THIS PLAN SET SHOULD BE ISSUED WITH SOUTH AVON ROAD IMPROVEMENT PLAN SET VICINITY MAP vof THE TOWN OF AVON EA GL E COUNTY, COL ORA D O SHEET INDEX CO Cl C2 - C3 C4 - C6 C7 C8 - C9 C10 - C11 C12 - C13 L1 - L2 1.3 - L4 L5 - L6 /1 - /2 /3 El E2 - E3 COVER SHEET SITE & PHASING PLAN EAST BEAVER CREEK DEMOLl770N PLAN EAST BEAVER CREEK PLAN & PROFILE EAST BEAVER CREEK CROSS SECAONS EAST BEAVER CREEK U77LITY PLAN EAST BEAVER CREEK S7R/PING PLAN DETAIL SHEETS LANDSCAPE LAYOUT/GRADING PLAN LANDSCAPE PLAN77NG PLAN LANDSCAPE DETAILS IRRIGATION PLAN IRRIGA770N DETAILS £L£C7RICAL AND LIGH77NG PLANS ELECTRICAL AND LIGHT7NG DETAILS LEGEND —7500- -moo- -EX-SS- -0f-NT- -EX-PHONE-- X X --(:X-GAS — U LANDSCAPE AROWTECO 7ERRASAN PLANNING AMI LAADS APE AAC7N)ECILRE 1680 =PIN STREET O9NLe; co 80218 JOJ 331 1717 (AF) 503 .341 1815 8PRG4DO1M NIVROSY5 211S A'G 390 LNBUY LC LA SNIT 310 L PLNLNAL CO 60229 393 960 5323 (FOX) JOJ 960 6304 IJ Xlg DOSING 5 FT CONTOUR EXISTING 1 FT CONTOUR PROPOSED 5 FT CONTOUR PROPOSED 1 FT CONTOUR PROPERTY UNE DUSTING EDGE OF PAYMENT PROPOSED EDGE OF PAVEMENT PROPOSED 4' PVC CONDUIT PROPOSED WALL EXISTING WALL PROPOSED STPoRNO PROPOSED CENTERLINE PROPOSED TOP RACK OF CURB DUSTING TOP BACK OF CURB PROPOSED PARKING PROPOSED SAWCUT CHAPEL SQUARE FLOW LINE MISTING BUILDING EXISTING SANITARY SEWER LINE EXISTING WATER MAIN EXISTING RHONE LNE DOSING FENCE EXOSTR10 OAS MAIN POSTING GUARDRAIL EXISTING CULYEITT PROPOSED CULVERT PROPOSED TREE PROTECTION PROPOSED DRAINAGE MANHOLE DOSING DDEWALX PROPOSED SIDEWALK EXISTING SANITARY SEWER MANHOLE EXISTING TYPE R INLET PROPOSED TYPE R INLET EXITING TELEPHONE PEDESTAL EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT EXISTING STREET LIGHT DO57N0 STREET SIGN DISTNO TREES AND SHWAS OWE ENGINEER 847£/7—LKY,NFAO OIGNEERING Lm 77 ARTCAIF ROAD AHOY, CO 816]0 970 949 5072 (lmr) 970 949 93.39 E1EC1RCAL AND Ut.80m. EIECIRCAL AAD WHOM OPTIN778IM. CONSULTANTS 40001 US NWY 6 & 24 SLATE 20029 EACEE—PA4 CO 81920 970 748 8520 (SAX) 970 748 6321 a g 11 to .aC 144' •C b6 fi 41 'll gre Whit, Ott COVER SHEET EAST BEAVER CREEK BOULEVARD PHASE / IMPROVEMENTS EAGLE COUNTY, COLORADO o�ma 1DD0 700 0[009 el: SSIMIX 4/7/00 99-0030E CO OF 13 GRAPHIC $6ALE DISO.C EDGE Of PA IE'14NT (TIP) BEAVER CREEK\BL VD (50 FT ROW) V BEON NEW OURS & OUTIER PROPOSED TOP BACK OF CURB (TIP) PROPOSED EDGE OF PAVEMENT (TIP MATCHUNE SEE EAST AVON PLAN SET FOR PLAZA WAY GRAD NG PLAN dNTEhLINE PROFILE 4 EAST BEAVER CREEK BL`iD HORIZONTAL SCALE: 1" = 20 FT , VERTICAL SCALE: 1" = 2 FT piSTA - 340.4 PPP"j{NII ELEV . 7464.41 I • D 2.52 K - 19.88 1+00 1+50 5M-STA -485. PV EMEV • 7466.34 AD. 0.95 K - i9 Al 4+00 4+50 TOW - 7470.2 \W - 7469.1 ENO CURB 6 GUTTER OUTFALL TO DI CH T SIDEWALK AND 00S1190 SEAVER• GIOLIOR. MATCHUNE SEE EAST AVON PLAN SET FOR BEAVER CREEK PLACE PLAN & PROFILE/ PM STA 5-95.12 PN FMEV - 7170.02 5+50 6+00 6+50 7+00 ucm50. 4/7/VA 99-0030E 1 W 7490 -g 2 J \CAD\OAAMIItOS\90030-BLVD CHR/SDEdODGE' GRAPHIC SCALE ( IN Past) 1 loch EO ft 7+50 8+00 AVON PLAZA LOT 24 \ �\ \\ \\ \\\ \\����� 8+50 9+00 N CENTERLINE PROFILE - EAST BEAVER CRFEK BLVD HORIZONTAL SCALE: 1- = 20 FT VERTICAL SCALE 1" = 2 FT 9+50 10+00 10+50 11+00 MATCHLINE SEE EAST AVON PLAN SET FOR BEAVER CREEK PLACE PLAN & PROFILE 11+50 12+00 7505 12+50 13+00 9 99-0030E AND MATCH DO CURB R GUTTER OUTFALL TO ORLTi LOT 66 TREE PROTECTOR WALL SEE LANDSCAPE PLANS. TAPER SER'ITALX TO 4 FT AND MATCH DOSING MATCHUNE SEE EAST AVON PLAN SET FOR BEAVER CREEK PLACE PLAN & PROFILE ERVING EDGE G" PA lE1®VT (T7P) J PROPOSED SOEWAIK (T1P) PROPOSED TOP BACK OF CURB (TN) PROPOSED EDGE OF PAWIOTT (TYP) 13+00 13+50 14+00 14+50 15+00 15+50 CENTERLINE PROFILE - EAST BEAVER CREEK BLVD HORIZONTAL SCALE: 1" = 20 FT VERTICAL SCALE: 1" = 2 FT 16+00 16+50 GRAPHIC SCALE ( ) 1 inch— 20 R 7510 t MMCF 99-0030E PHASE ONE EAST BEAVER CREEK BLVD. STREETSCAPE AVON, COLORADO ®TERRASANMAPPERS & ARCHITECTURE W i NM GILPSTREET fb*` Demme, CO SODSTN MODER Pp MEOW -1S15 VIEW L-1 A '"��' ev s ons Job Number aai4o.OO Date April 1, 2OOO OH AP BID & CONSTRUCTION LAYOUT/GRADING PLAN Sheet Number L-1 VIEW L -1B PHASE ONE EAST BEAVER CREEK BLVD. STREETSCAPE AVON, COLORADO OTERRASAN g1E(Xa • LANDSCAPE( ARCHITECTURE leeo aLPm erRe�r Denver, co 80210 TM (9DSJEEI-1717 PR (308)33,1815 VIEW L -2A evisions imommewm Scale: r 2O -O• Job Number aaiao.00 Date April 1, 2OOO Drawn By cA+ Checked By E,c. Sheet Title BID & CONSTRUCTION LAYOUT/ GRADING PLAN Sheet Number L-2 TRANSPLANT EXISTING SPIREA BUSHES ADJACENT TO NEVI WALK ON THE CHRISTIE LODGE PROP1dTY REPAIR ADJACENT LANDSCAPE E IRRIGATION, TYP. Z11 rat ₹ an �7WF to�i���►��.i� i�1► iA�It�. .ns�w ►t"�--ate �ar��a..��11a..� I� . �,.�,����. ���.���-p—...�; �_ ,p„� �w ,o—,mss"I�`9114'✓�err�a+a.am>�aaa�i'eaggirsiw �����r �..ess�s�Y®�.AIIt��_w-s�?- i! 5�S�► AIR EXISTING AD LANDSCAPE AND IRRIGATION DISTURBED BY CONSTRUCTION, TYP. REPAIR EXISTING ADJACENT LANDSCAPE AND IRRIGATION DISTURBED SY CONSTRUCTION, TYP. PHASE ONE EAST BEAVER CREEK BLVD. STREETSCAPE AVON, COLORADO OTERRASAN PLANNING & LANDSCAPE ARONTTECR111E 1000 GILPIN STREET o«w-M1o0-O smle TM (awpal-1717 PP (80$)9711-1916 VIEW L -4A ev s ons Scale: I' v 20'-01 Job Number 49140.00 Date April 1, 2000 Drawn By �+ Checked By Sheet Title BID & CONSTRUCTION PLANTING PLAN Sheet Number L-4 Exhibit D COLORADO Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 August 20, 2007 Dan Leary President Traer Creek Metro District P.O. Box. 640 Vail CO 81658 Re: East Beaver Creek Blvd Dear Mr. Leary: 970-748-4000 970-949-9139 Fax Relay recognized www.avon.org I am writing to update you on the East Beaver Creek Blvd reconstruction project that is required to be completed by December 31, 2009. As you are probably aware, in the Village at Avon Third Amendment to Annexation and Development Agreement, Traer Creek LLC is responsible for the reconstruction of the road. The Town of Avon's (TOA) preference is for TOA to reconstruct the road and be reimbursed by Traer Creek. The TOA is currently preparing its 5 year Capitol Improvements Budget. In the budget I am requesting funds to complete the design of East Beaver Creek Blvd in 2008 in anticipation of constructing the road in 2009. The 2008 budget request is for $300,000 and includes planning, design and easement acquisition. The current cost estimate for the project is $3,000,000, which would have to be reimbursed to TOA at the completion of construction in 2009. 1 updated the cost estimate based on the Inter Mountain Engineering Ltd. design prepared in 2000 with unit costs from recent TOA construction projects. If you have any questions regarding this matter, do not hesitate to contact me at 970-748-4045. Sincerely. J stir . r , P.E. own Engineer cc: Eric Heidemann Larry Brooks John Dunn Scott Wright C:\Documents And Settings\Droeland\Local Settings\Temporary Internet Files\OLKE6\Village At Avon Notice Will Design In 2008 Letter.Doe 1