TC Res. No. 2005-33 APPROVING AND ACCEPTING THE TRAER CREEKTOWN OF AVON, COLORADO
RESOLUTION NO. 05-33
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK
METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED
IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR
THE VILLAGE (AT AVON) FILING 1 AND ESTABLISHING WARRANTY PERIOD
FOR DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan
District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1,
Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed by
Traer Creek Metropolitan District (District Improvements) in conjunction with said subdivision;
and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the
subsequent release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said District Improvements were substantially complete as of September 13, 2005;
and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of September 13, 2005.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that:
1. The District Improvements required to be constructed in conjunction with The
Village (at Avon) Filing 1 were substantially complete as of September 13, 2005, in
accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the
stipulated one-year warranty period for said improvements shall extend to September 13,
2006.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the
date of satisfactory correction of the warranted item.
3. Effective September 13, 2005, the collateral may be released and warranty work
on District's Improvements will be secured by a Maintenance Bond dated July, 20, 2004,
issued to Traer Creek Metropolitan District in the amount of $ 885,000 in accordance
with the Subdivision Improvements Agreement.
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ADOPTED THIS t- DAY OF 2005.
OFTOWN COUNCIL
4 at,
.~®TOWN OF AVON, COLORADO
SEAL
®L 0 R p0® Ron d C. Wolfe, Mayor
ATTEST:
P-~~ 3rv L-T
Patt Mc enny,
Town erk
Resolution No. 05-33 Village at Avon, Filing 1
Page 2 of 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Nonnan Wood, Town Engineer
Date: September 8, 2005
Re: Resolution No. 05-33, A Resolution Approving and Accepting the Traer
Creek Metropolitan District Improvements Installed and Constructed in Accordance
with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and
Establishing Warranty Period for District Portion of the Public Improvements.
Summary: Traer Creek Metropolitan District has submitted all required documentation
for approval and acceptance of the District Improvements required by the Subdivision
Improvements Agreement (SIA) (attached Item 2) for The Village (at Avon) Filing 1. These
improvements generally consist of all streets, roads, bridges walkways, drainage facilities and
utilities required to access and serve Filing 1, with the exception of shallow utilities installed
by developer and construction of the 1-70 Interchange. Most of these Improvements have
been substantially complete and functioning since July 2003, when the Wal-Mart store
opened. Since that time the few remaining items have been completed and deficiencies in
original construction have been corrected.
Resolution No. 05-33, Series of 2005 (attached Item 1) approves and accepts the District
Improvements and establishes the warranty period in conformance with the SIA. The
Resolution further allows the release of collateral required during construction with any
warranty work on the District's Improvements secured by an existing Maintenance Bond
dated July 20, 2004, issued to Traer Creek Metropolitan District in the amount of $885,000
(attached Item 3) in accordance with the SIA.
We recommend approval of Resolution No. 05-33, Series of 2005, A Resolution Approving
and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed
in Accordance with the Subdivision Improvements Agreement for The Village (at Avon)
Filing I and Establishing Warranty Period for the District Portion of the Public
Improvements.
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Discussion: The Village (at Avon) Filing 1, SIA between Traer Creek LLC, Traer
Creek Metropolitan District and the Town of Avon divides responsibility for the Public
Improvements between Traer Creek Metropolitan District (District Improvements) and Traer
Creek LLC (Developer Improvements). The District Improvements generally included all
streets & road, storm drainage and publicly owned utilities (water & sewer) as listed in
Exhibit A and Cost Estimates in Exhibit C to the SIA.
Documentation verifying satisfactory completion of the improvements is attached:
Item 4 - Martin/Martin Consulting Engineers
Engineer's Opinion of Project Conformity with Supporting
Documentation
Item 5 - Alpine Engineering, Inc.
Engineer's Opinion of Project Conformity with Supporting
Documentation
Item 6 - Hepworth-Pawlak Geotechnical
Letter Verifying Substantial Conformance with Project Specifications
Item 7 - SEMA Construction, Inc.
Check in the Amount of $1,130.60 for Minor Concrete Test Deviation
from Concrete Specification for Eagle River Bridge Deck (Amount •
calculated per Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction)
The Developer Improvements generally consisted of the shallow utilities, privately owned
utilities (natural gas, electric, telephone & cable TV) as listed in Exhibit B and Cost Estimates
in Exhibit D to the SIA. The Developer Improvements were approved and accepted by
Resolution No. 05-20 at the April 26, 2005 Council meeting.
Based upon this documentation, we recommend approval and acceptance of the District
improvements in accordance with the SIA by the adoption of Resolution No. 05-33, Series of
2005.
Recommendation: Approve Resolution No. 05-33, Series of 2005, A Resolution
Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and
Constructed in Accordance with the Subdivision Improvements Agreement for The Village
(at Avon) Filing 1 and Establishing Warranty Period for District Portion of the Public
Improvements.
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Proposed Motion: I move to approve Resolution No. 05-33, Series of 2005, A
Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements
Installed, and Constructed in Accordance with the Subdivision Improvements Agreement for
The Village (at Avon) Filing I and Establishing Warranty Period for District Portion of the
Public Improvements.
Attachments:
Item I - Resolution No. 05-33, Series of 2005
Item 2 - Subdivision Improvements Agreement
Item 3 - Maintenance Bond for Warranty Period
Item 4 - Martin/Martin - Engineer's Opinion of Project Conformity
Item 5 - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity
Item 6 - HP Geotech Engineer's - Letter of Substantial Conformance
Item 7 = SEMA Construction, Inc. - Payment in Lieu (Out of Specification Concrete)
Town Manager Comments:
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TOWN OF AVON
RESOLUTION NO. 05-33
Series of 2005
A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK
METROPOLITAN'.DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN
ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE
VILLAGE (AT AVON) FILING 1 AND ESTABLISHING WARRANTY PERIOD FOR-
DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS -
AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan
District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1, Town
of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed by Traer
Creek Metropolitan District (District Improvements) in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of'the collateral upon completion and the stipulated warranty period; and
WHEREAS, said District Improvements were substantially complete as of September 13, 2005;
and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of September 13, 2005.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE- TOWN OF
AVON, that:
1. The District Improvements required to be constructed in conjunction with The
Village (at Avon) Filing l were substantially complete as of September 13, 2005, in
accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated
one-year warranty period for said improvements shall extend to September 13, 2006.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, Which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item. -
is
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3. Effective September 13, 2005, the collateral may be released and warranty work on .
District's Improvements will be secured by a Maintenance Bond dated July 20, 2004, issued
to Traer Creek Metropolitan District in the amount of $ 885,000 in accordance with the
Subdivision Improvements Agreement.
ADOPTED THIS DAY OF , 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny,
Town Clerk
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SUBDIVISION IMPROVEMENTS AGREEMENT
I4l470
THIS AGREEMENT, made and entered into this L day of /V~ , 2001, is by and
among Traer Creek LLC, a Colorado limited liability company ("Subdivider', Traer Creek
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado (the "District'l, and the Town of Avon, a Colorado municipality, by and through its
Council (the "Town'').
WHEREAS, Subdivider and the District, in connection with the approval of the final plat
for The Village (at Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W.
and Sections 7 and 8, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado
(the "Subdivision"), desire to enter into a Subdivision Improvements Agreement with the Town
as provided for by Section 16.24.100 of the Avon Municipal Code, as amended (the 'Code');
and
WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for
completion of certain public improvements (the 'Improvements') set forth in Exhibits A and B
attached hereto and incorporated herein by reference; and
• WHEREAS, the District is responsible for the performance and completion of public
improvements ("District Improvements') assigned on Exhibit A attached hereto and incorporated
herein by reference; and the Subdivider is responsible for the performance and completion of
public improvements ("Subdivider Improvements") assigned on Exhibit B attached hereto and
incorporated herein by reference; and collectively referred to as Improvements.
NOW THEREFORE, in consideration of the following mutual covenants, conditions
and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that-upon compliance with all other
conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat
of The Village (at Avon) Filing 1 shall be promptly filed for record with the Office of the Eagle
County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider and District agree to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
. improvements and work incidental thereto assigned to each as set forth in Exlubits A and B.
Subdivider and the District further agree that each will be responsible for all costs of
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Improvements assigned to it. All said work shall be performed in accordance with the
construction plans and specifications as submitted to and approved by the Town prior to
commencement of construction of Improvements. All Improvements shall be completed within
three (3) years of the date of the Town's approval of the Final Plat for the Subdivision.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the Town
and shall not be deemed complete until the reasonable approval and acceptance of the
mprovements by the own.
(2) Designation of Inspectors. Prior to commencement of construction
work on the Improvements, the Town shall designate the individuals or independent third parties
employed by the Town who are authorized to inspect the construction of the Improvements.
Such inspections by the Town shall not relieve Subdivider or the District or their agents from any
responsibility or obligation to assure that all work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town.
(3) Cost of Inspections. The cost of such inspections, whether by
Town employees or an independent third party inspector, shall be paid by Subdivider or the
District, depending on the party responsible for the Improvement inspected, and subject to the •
limitations set forth in paragraph 9 below.
(4) Notice of Non-Compliance. In the event that the Town, through
the inspectors, reasonably determines that the Improvements are not in compliance with the pre-
approved construction plans and specifications, it shall give written notice of such non-
compliance to Subdivider or the District, depending on the Improvements involved ("Notice of
Non-Compliance'l. The Notice of Non-Compliance shall include a narrative describing the
unsatisfactory construction work with specific reference to the applicable construction plans and
specifications. The Notice of Non-Compliance must be provided to Subdivider or the District
within two (2) working days of the date of the inspection.
3. cow for Completion of IuMmements.
(a) SeQWJX To secure completion of the Improvements, Subdivider and the
District hereby agree to secure their respective obligations under this Agreement with Collateral
in accordance with Section 16.24.100 of the Code. Collateral shall be one or a combination of
the following: cash or its equivalent; securities of acceptable value; letter of credit; bond (for
District Improvements warranty period only); and land of acceptable value by deed of trust.
(b) Substitution of Security. Either Subdivider or the District may substitute
another form of collateral acceptable to the Town in place of the forms of security set forth below
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in order to guaranty the faithful completion of the Improvements and the performance of the
terms of this Agreement.
4. District Im=vements.
(a) Funding Resolution. The District has adopted a resolution (the "Funding
Resolution') attached hereto as Exhibit E authorizing the District's execution of this Agreement
and providing for the appropriation, segregation and use of funds in an amount sufficient to
guarantee the construction of the District Improvements set forth on Exhibit A. The estimated
costs of completion of the District Improvements are set forth on Exhibit C attached hereto and
mcorpora a erem y reference:
The Funding Resolution specifically provides that all funds referenced therein are
unencumbered and free from claims-of others such that, if necessary; any requests for payment
approved by the Town may be promptly honored. As a condition to recordation of the Final Plat,
the District shall provide the Town Engineer with evidence that such funds have been
appropriated and segregated in a separate account (the "Security Account") and identified for use
in connection with this Agreement. The District shall renew the Funding Resolution at the
beginning of each subsequent calendar year until all District Improvements have received final
acceptance or until the District provides substitute collateral acceptable to the Town.
(b) Security for interstate 70 Interchange. The parties acknowledge that the
Town and Subdivider's predecessors-in-interest entered into an Annexation and Development
Agreement ("Development Agreement') dated October 13, 1998, and a First Amendment to the
Annexation and Development Agreement ("First Amendment') that among other things,
addressed the construction of a full diamond interchange on Interstate 70 serving the
Subdivision. Paragraph 4.3G) in the Development Agreement, and reiterated in paragraph 2(q) of
the First Amendment, states that if the District provides the Colorado Department of
Transportation ("CDOn with a completion bond or other security acceptable to CDOT with
respect to completion of the Interstate 70 interchange, then the District shall have no obligation
to also provide separate security to the Town for such improvements. The Town, Subdivider and
the District agree that nothing in this Agreement shall alter or modify the terms of the
Development Agreement or the First Amendment.
(c) Progress Payments on District Improvements. The District may make
progress payments to its contractors from the Security Account on a monthly basis upon the
partial completion of itemized improvements which have been set forth in Exhibit C and upon
fifteen (15) day's prior written notice including an itemized statement of the District to the Town.
The District shall retain ten percent { 10%) of the amount of each payment until final completion
and acceptance of all work covered by each construction contract; provided however, when the
value of work completed has progressed to fifty percent (50%) of the contract amount, the
District shall not be required to withhold additional retainage for the remainder of the work
under such contract. The (10 ten percent retainage of the value of work completed may be
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reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Except
for the foregoing, in no event shall any progress payment cause the remaining sum to be available
in the Security Account for subsequent disbursements to be less than one hundred ten percent
(110%) of the costs to complete all remaining District Improvements as estimated at the time of
each progress payment. Upon completion of all work related to the District Improvements, the
Town's acceptance of the District Improvements and the expiration of the Warranty Period set
forth in paragraph 6 below, the Town shall release any further interest in the Security Account.
(d) Default by District. In the event of a default in whole or in part by the
District, the Town shall be authorized to access the funds in the Security Account for the purpose
o un e g completion offemed"iauou wo c on Dlsftie y-Iinpro i
thirty (30) days advance notice of default and providing an opportunity during such period for the
District to cure the default. The Town shall be entitled to draw on the Security Account by
Resolution of the Town Council stating (i) that the District is in default, and (ii) the funds are
required in order to complete or correct work on the District's Improvements. District fiords
identified in the Funding Resolution' shall be held, whether by the District or the Town, in
compliance with the requirements of C.R.S. 29-1-803(1) for the purpose of providing for the
completion of the District Improvements.
5. Subdivider Improvements.
(a) Security for Co=letion of Subdivider's Improvements. Subdivider shall
deliver to the Town an irrevocable letter of credit or other collateral consistent with Secti on
16.24.100 of the Code issued by a reputable financial institution in an amount equal to one
hundred and ten percent (110%) of the estimated costs of completion of Subdivider's
Improvements as set forth on Exhibit D. The irrevocable letter of credit or other collateral shall
be delivered to the Town prior to, or concurrently with, recordation of the Final Plat for the
Subdivision.
(b) Pingress vments on Subdivider's Improvements. The Subdivider may
make progress payments to its contractors on a monthly basis upon (i) the partial completion of
itemized improvements for which cost estimates have been set forth in Exhibit D and upon
written request including an itemized statement of the Subdivider to the Town, and (ii) the
written approval of the Town or its designee; provided, however, if the Town fails to respond to
a disbursement request within twenty (20) days such request will be deemed approved. Upon the
approval of such progress payments, the amount of collateral shall be reduced by the amount of
such payment; provided, however, that in no event will any such reduction cause the amount of
remaining collateral to be less than an amount equal to one hundred and ten percent (110%) of
the estimated costs of completion of all remaining Subdivider's Improvements. Upon
completion of all work related to Subdivider's Improvements and the Town's acceptance of
Subdivider's Improvements, the entire amount of remaining collateral less those amounts
described in paragraph 6 below, shall be released
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Sara J Fisher Eagle. CO 09 R 70. 00 D 0.00
(c) Default by Subdivider. In the event of a default in whole or in part by
Subdivider, the Town shall be authorized to draw on the letter of credit or other collateral for the
purpose of undertaking completion or remediation work on the Subdivider's Improvements after
providing thirty (30) days' advance written notice of default and providing an opportunity during
such period for Subdivider to cure the default. The Town shall be entitled to draw on such letter
of credit or other collateral by Resolution of the Town Council stating (i) that Subdivider is in
default, and (ii) the funds are required in order to complete or correct work on the Subdivider's
Improvements.
6. Warranty Peri od, The Improvements shall be warranted to be free from defects in
workmanship or quality or a period 0 one year ifter acceptance of il the wor aTown:
In the event of any such defect, the Town may require Subdivider or the District, depending on
which work is defective, to correct the defect in material or workmanship. The amounts for
completion of all warranty work on District Improvements shall be secured by a letter of credit,
bond or other acceptable collateral in the amount of one hundred and ten percent (110%) of the
cost of such corrective work to be held by the Town during such one (1) year period, as a
guaranty of performance of any work required under the above-described warranty. The amounts
for completion of all warranty work on Subdivider Improvements shall be secured by a letter of
credit or other acceptable collateral in the amount of one hundred and ten percent (110%) of the
cost of such corrective work to be held by the Town during such one (1) year period, as a
guaranty of performance of any work required under the above-described warranty. In the event
any corrective work is performed during the one (1) year warranty period then the warranty on
said corrected work shall be extended for one (1) year from the date on which it is completed
7. ['ondition of Public Dedicated Roadways. The District shall at all times prior to
acceptance of any publicly dedicated roadways within the Subdivision by the Town give good
and adequate warning to the traveling public of each and every known dangerous condition
existent in said roads and shall protect the traveling public from such defective or dangerous
conditions. Until the completion of all the Improvements herein agreed to be constructed, roads
not accepted as improved shall be under the charge and control of the District for purposes of this
Agreement; and the District may close all or a portion of any street or road.within the
Subdivision whenever it is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
g. > nei_neerinta Certif cation. Upon completion of portions of the Improvements,
Subdivider or the District will cause their engineers (who shall be registered in the State of
Colorado) to certify in writing that the installation of the Improvements, or portions thereof as
may be completed from time to time, have been completed in conformance with all standards,
plans and specifications as submitted to and previously approved by the Town. Inspection
reports, test results and other supporting documentation shall be submitted with the certification.
9. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in
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full. Additional fees shall be paid to the Town by Subdivider or the District, depending on which
improvements are involved, within thirty (30) days after delivery of written invoice for such fees
to cover the cost of inspections by the Town. The fees will be based on direct (out-of-pocket)
costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct
costs, but in no event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
10. No Obligation of Town to Complete Improvements• Subdivider and the District
agree that in the event either shall fail to perform their obligations as set forth herein, the Town
shall be under no obligation to complete or perform any of the said Improvements. No one,
individually or oo er ise, o er an the pU ~ess hereto; siatacggm-, as a eat1t'aftis-
Agreement, any rights, claims or obligations from or against the Town, its agents, employees or
officers. Actions by the Town against Subdivider or the District to enforce any provision of this
Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to
require any action by the Town pursuant to this Agreement; and this Agreement shall not create a
liability on the part of or be a cause of action against the Town, for any personal or property
damage that may result to any third parties from the failure of the Subdivider or the District to
complete the Improvements herein specified.
11. Non-Liability of Town• IndemnificatThe Town shall not, nor shall any
officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage
related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or
employee thereof, be liable for any persons or property injured by reason of the nature of said
work. To the extent permitted by law, Subdivider and the District, respectively, hereby agree to
indemnify and hold harmless the Town, and any of its officers, agents and employees against any
losses, claims, damages or liabilities to which the Town or any of its officers, agents or
employees may become subject, because of any losses, claims, damages 'or liabilities (or actions
in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance
of the obligations of Subdivider or the District, respectively, as bereinbefore stated. Furthermore,
Subdivider and the District shall reimburse the Town for any and all legal or other expenses
reasonably incurred by the Town in connection with investigating or defending any such loss or
claim.
12. Rid+s of Town in Event of Default. In the event that Subdivider or the District
default in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider and the District of such default during
which period of time the Subdivider or the District failed to correct said default, the Town may,
at its sole discretion, proceed with the construction or completion of the Improvements specified
on Exhibit A or Exhibit B. All such costs paid by the Town for such Improvements, together
with all costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider or the District, shall be paid by Subdivider or the
District based upon their underlying responsibility for the improvement in question. Any such
costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider,
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shall be a lien on any property in the Subdivision owned by Subdivider at the time of default.
Any such costs relating to the District's Improvements, which have not been reimbursed by the
District, shall be a lien on any property in the Subdivision owned by Subdivider at the time of
default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the
Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action against
Subdivider or the District to require installation and construction of the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is brought by
the Town, the Town shall be awarded its court costs and reasonable attorneys' fees.
13. Letter Certifying Completion and Final Acceptance of Improvements. When all
improvements have been completed and accepted by the Town, and the Warranty Period has
expired, the Town agrees that it will issue a letter, in recordable form, certifying that all
obligations of Subdivider and the District under this Agreement have been satisfied
14. -Amendments. This Agreement may be amended from time to time, provided that
such amendment is in writing and signed by all parties hereto.
15. Covenants Running with the Land. This Agreement and the obligations hereof
shall be deemed to be covenants running with the land and shall be binding on the successors and
assigns of the parties hereto.
es hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado
municipal corporation
By:
May
APPRO TO FORM:
Town Attorney
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9°^_ 11111111111111111111111111111111111111111111111111111
Sara J Fisher Eacle, CC so R 70. 99 D 9. 00
TRAER CREEK LLC, a Colorado limited liability
company
agnus dholm
Manager
TRAER CREEK METROPOLITAN DISTRICT, a
quasi - municipal corporation
By:
illiam J. P
President
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Exibit A
DISTRICT IMPROVEMENTS
1. Demolition, Excavation & Grading
A. Remove & Dispose of Existing Structures
B. Excavation for Roadways & Overlot Grading
C. Embankment Including Structural and Stockpile Fill
II. Incidental Construction
A. Erosion & Pollution Control
B. Dust Control
C. Revegetation
III. Storm Drainage
A. Nottingham Gulch to Eagle River
B. Nottingham Gulch Debris Flow Mitigation Facilities (1-70)
C. Roadway and Site Drainage Facilities to Eagle River
D. Stormwater & Pollution Control Facilities
IV. Utilities
A. Water
B. Sanitary Sewer
. C. Natural Gas
D. Electric (Pro-Rata 24% of Private)
E. Telephone
F. Cable TV
V. Bridges and Structures
A. Eagle River Bridge
B. Union Pacific Railroad Bridge
C. Retaining Walls
Vi. Street Improvements Including Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb & Gutter,
Medians,Crosspans & Sidewalks, Asphalt Paving, and
Signage & Striping
A. US Highway 6
B. Post Boulevard (US Hwy 6 to South 1-70 Access Line)
C. Eaglebend Drive
D. Nottingham Ranch Road
E. Yoder Avenue
F. Fawcett Road
G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection)
VII. Street Landscaping
is vin Street Lighting
IX Management and General Conditions
795008
Page: 9 of 14
95/9812002 91:96F
Sara J Fisher Eaele, CO as 0 9.11119
6
Exibit B
SUBDIVIDER IMPROVEMENTS •
I Dry Utilities
B. Gas
C. Electric
D. Telephone/Communications
II Construction Management and General Conditions
•
III~III~III~IIIIIIIAI~IIS111~1~1~~1=W°.~'.:_ 9.00 40
\V
Exibit C
s
0
ESTIMATED COST OF COMPLETION
for
DISTRICT IMPROVEMENTS
1. Demolition, Excavation & Grading
$
841
205
A. Remove & Dispose of Existing Structures
$
,
772
301
2
B. Excavation for Roadways & Overlot Grading
Z $
,
,
"
C. Embankment Including Structural and Stockpile Fill
II. Incidental Construction
$
~
A. Erosion & Pollution Control
$
~
193,200
6. Dust Control
$
37,450
C. Revegetation
III. Storm Drainage
Nottingham Gulch to Eagle River
A
$
613,765
.
Nottingham Gulch Debris Flow Mitigation Facilities (1-70)
B
$
13,E
.
C. Roadway and Site Drainage Facilities to Eagle River
$
682
1,83210
,000
D. Stormwater & Pollution Control Facilities
,
IV. Utilities
$
1,025,387
A. Water
$
248.742
S. Sanitary Sewer
C. Natural Gas
Electric (Pro-Rata 24% of Private)
D
$
103,669
.
E. Telephone
$
$
40,624
F. Cable TV
V. Bridges and Structures
$
1.738,066
A. Eagle River Bridge
$
673,176
B. Union Pacific Railroad Bridge
$
873,76
C. Retaining Walls
VI. Street Improvements Including Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb & Gutter,
Medians,Crosspans & Sidewalks, AsphaR Paving, and
Signage & Striping
$
232,356
A. US Highway 6
Post Boulevard (US Hwy 6 to South 1-70 Access Line)
B
$
1,132,786
.
C. Eagiebend Drive
$
$
16,703
737
32
D. Nottingham Ranch Road
$
,
343,010
E. Yoder Avenue
$
192,943
F. Fawcett Road
G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection)
$
320,542
VII. Street Landscaping
$
814,620
Vill Street Lighting
$
98,000
IX Management and General Conditions
$
1,088,126
0 TOTAL ESTIMATED COST $ 14,336,393
amount wil be noeseet
"`*nw"'kchWe'In Nam W "P 1111111111111111111 lpbllll~llllllll~llnl~l~ :~=~.0~°.~
Exibit D
ESTIMATED COST OF COMPLETION
for
SUBDIVIDER IMPROVEMENTS
I Dry Utilities $ 127,862
B. Gas $ 328,285
C. Electric - - $ 303,458
----D: Tefephone/Corrimuntcation5-II Construction Management and General Conditions $ 62,351
a
TOTAL ESTIMATED COST
795008
Page: 12 of
05/98/2992 81408F
Sara J F1sMr Easlac0 so R 70.00 0 8.00
$ 821,956
•
0
0 Exhibit E
RESOLUTION
OF TRAER CREEK METROPOLITAN DISTRICT
REGARDING APPROPRIATION OF FUNDS UNDER
SUBDIVISION IMPROVEMENTS AGREEMENT
WHEREAS, Traer Creek Metropolitan District (the 'District') is a quasi municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District is authorized, pursuant to Section 32-1-1001(1)(d)(1), C.R.S., to
enter into contracts and agreements affecting the affairs of the District; and
WHEREAS, the District has entered into a Subdivision Improvements Agreement dated
2001 (the 'SIX) with the Town of Avon, Colorado (the "Town') and Traer
Creek LLC, a Colorado limited liability company ("Subdivider') regarding the funding and/or
construction of public infrastructure improvements in connection with the approval of the Final
Plat of The Village (at Avon) Filing 1, Town of Avon, Eagle .County, Colorado; and
WHEREAS, the District is responsible for the performance and completion of public
improvements assigned on Exhibit A of the SIA (the "District Improvements");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TRAER CREEK METROPOLITAN DISTRICT AS FOLLOWS:
1. The Board of Directors hereby finds, determines and declares that it is in the best
interest of the District to execute and deliver to the Town the SIA and the appropriate officers of
the District are hereby authorized to execute and deliver such SIA to the Town.
2. The Board of Directors hereby appropriates, reserves and allows for tender to the
Town pursuant to the SIA available funds of the District in an amount not 'less than
14 336.393.00 (the 'Funds') to guarantee construction of the District Improvements.
3. The Board of Directors hereby certifies to the Town Council that the Funds are
unencumbered and free from claims of others so that any requests of the Town for payment
under the SIA may be promptly honored. The Board of Directors further certifies to the Town
Council that the Funds have been set aside in a separate account and identified for the purposes
recited herein and that such Funds shall be held in compliance with the requirements of Section
29-1-803(1), C.R.S., for the purpose of providing for the completion of the District
Improvements.
4. This Resolution shall be renewed at the beginning of each subsequent calendar
year until all the District Improvements have received final acceptance or until the District
provides substitute collateral acceptable to the Town.
ll~ll~ll~lll~~lluuull~lu~ Page: ON
CO
APPROVED AND ADOPTED this day of , 2001.
TRAER CREEK METROPOLITAN DISTRICT
William J. Post, President
Attest:
Eric E. Applegate, Secretary
E
795008
Page: 14 of 14
05/98/2002 61:9W
W:1Clic=\435 Tna Geek%csobrb1 aesolodon re appropriadon of finds under SLLdoc
L_J
VO
RESOLUTION
OF TRAM CREEK METROPOLITAN DISTRICT
REGARDING APPROPRIATION OF FUNDS UNDER
SUBDIVISION IMPROVEMENTS AGREEMENT
WHEREA$ j Traer Creek Metropolitan District (the _ 'District') is a quasi municipal
corporation and political subdivision ofthe State of Colorado; and
WHEREAS, the District is authorized, pursuant to Section 32-1-1001(1)(d)(1), C.R.S., to
enter into contracts' and agreements affecting the affairs of the District; and
WHEREAS, the' District has entered into a Subdivision Improvements Agreement dated
November 13, 2001 (the "SIA') with the Town of Avon. Colorado (the "Town') and Traer Creels
LLC, a Colorado limited liability company ("Subdivider') regarding the ftmding and/or construction
of public infrastructure improvements in connection with the approval of the Final-Plat of The
Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado; and ,
WHEREAS, the District is responsible for the performance and completion, of public
improvements assigned on Exhibit A of the SIA (the "District Improveieaettts');
NOW. THEREFORE, BELT RESOLVED BYTHE BOARD OF DIRECTORS OF TRAER
0-
aMK METROPOLITAN DISTRICT AS FOLLOWS:
The Board of Directors hereby finds, determines ,and declares that it is in the best
interest of the District to execute and deliver to the Town the SIA and the appropriate officers of the
District are hereby authorized to execute and deliver such SIA to the Town.
2. .71e Board of Directors hereby appropriates. reserves and allows for tender to" the
Town pursuant to the SSA available funds of the District in an amount not less than $14,336,393 (the
'Tunds') to guarantee construction of the District Improvements.
3. The Board of Directon hereby certifies to the Town Council that the Funds are
unenctuabered and free from-claims of others so that any requests of the Town for payment under
the SIA maybe promptly honored. The Board of Directors further certifies to the Town Council that
the Funds have been set aside in a separate account and identified for the purposes recited herein and
that such Funds. shall be held in compliance with the requirements of Section 29-1-803(1). C.R.S.,
for the purpose of providing for the completion of the District Improvements.
4, This Resolution shall be renewed at the beginning of each subsequent calendar year
until all the District Improvements have received final acceptance or until the District provides
substitute collateral acceptable to the Town.
L J
1~
[SIGNATURE PAGE FOR RESOLUTION REGARDING APPROPRIATION OF FUNDS .
UNDER SUBDIVISION IMPROVEMENTS AGREEMMM
APPROVED AND ADOPTED ibis $ day of D-rIft 2002.
TRAER CREEK METROPOLITAN DISTRICT
William J. st fresida t
Attest:
'c E. Applegate, SeoretuY
•
W.%aicsizW35 Tner Creek molud%mlutfl m opproprkdm ot8Yldt undo ZA.wpd
/0/
4-4f,
MAINTENANCE BOND /IIRA7 3
u
KNOW ALL MEN IT TREU PRESENT
That T.aer Croak Metropolitan Disl+ct , as PrmeW, end
, aSunny. we held and fh* bound
unto Town of Avon , et Ob11AM, in the full and m sum
of Eight Hundmd_EinWy Five Thousand Dollam and 001100 Doom
$ gas nnn r1n I, for on payment of tshidr wny well and truly to be suds. the PdWpd end Surety bind thameives, tMir
balm, naubm sdmhpttratots, alocaaon and salons, tofmty end xw dly, &WV Y thaw p menu.
WHEREAS. The Prbtdpsl let entered ira a writm contreee dated wo the Obvis far
The Village (at Avon) Filing 1 Any corrective work performed during the one (1) year warra ft period
shall be extended for one (1) y2ar fmm the date on which N Is Completed.
WHEREAS, aid sons n provides that do PrhWpal will fwvM a bond eondhtomd to ornranI n for the period of One Year
after approvel of the final adnate on Sabi Job, by the owner, spinet ell defeota In wvla andrlp and mmbriels which MW booms apparent
dwbi sold period.
NOW. THEREFORE; THE CONDITION OF THIS OBLIGATION IS SUCH. that K the Principal shell kW m "V Ow ObL*e for all loss
that eltt 0611W may sort k by ramp of my defective materiels or wofkmenship which beroms epperam durbq the eforaeld Wlod. dm
this oblbotioo don be void; otherwiss to ena In In fog fora and o/fed.
Bond No. 23005807
37430 WOM
•
IP
Pamela J. nsen Signed. soled and dated July 20. 2004
LAual Insurance Company
faarepl
AtO'""''"'`''
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act - of 2002 (referred to
hereinafter as the "Act), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The Fast V'berty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
'EMPLOYERS INSURANCE OF WAUSAU A Mutual Company'; Peerless
Insurance Company; and any other compi~tha#uIs a nde part
nNritten by Liberty Bond
Liberty Mutual Group for which surety
Services (referred to collectively hereinafter as the "Issuing Suretiesm).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attnbutable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act Is Zero Doliam ($0.00)•
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety perco t (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
40
LNIIC-6539
?103
1~
THIS POWER OF ATTORNEY IS NOT VALID UNLESS R IS PRINTED ON RED BACKGROUND.
1282980
This Power of Attorney itmite the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated.
0
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE, PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DILYNN GUERN, KEVIN W. MCMAHON, FRANK C. PENN, PAMELA J. HANSEN, DONALD E. APPLEBY, GLORIA C. BLACKBURN,
KRISTEN L MCCORMICK, FLORIETTA ACOSTA, CYNTHIA M. BURNETT, SUSAN J. LATTARULO, COURTNEY T. PETERSON,
J. R. RICHARDS, JAMES S. ROSULEK, DOUGLAS J. ROTHEY, ALL OF THE CITY OF DENVER, STATE OF COLORADO.,...._....-....
each individually If there be more then one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as Its act and deed, ark and all undertaldn bonds, reco~rhizances and other surety obliga~tlons In the penal sum not exceeding
ONE HUNDRED TWENTY-FIVE MILLION AND 00/100*" DOLLARS (S 125,000,000.00 ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as 0 they had been duly signed by the president and attested by the secretary of the Company In their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE-XIII - Execution of Contracts: Section S. Surety Bonds and Undertakings.
Any oft" of the Company authorized for that purpose M writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make,
exam", seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeye4ri-fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as If signed by the president and attested by the secretary.
By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-In-fact
Pursuant-to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company,, is hereby
authorized to appoint such attomeye-in-fact as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect
4 WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
rberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this 12th day of May
9003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
LIBERTY MUTUAL INSURANCE COMPANY
IAI-
Gamet W. Elliott, Assistant Secretary
On this I 0h day of May .2=, before me, a Notary Public, personally came Gamet W. Elliott. to me known, and acknowledged
that he Wan Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate east of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY N
first above written.
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
`4 " "-.,'r •~:.~r. Ter P....., Notary Public
~~NSYt_~p'' 1G
CERTIFICATE
I, the undersigned, Assi cretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, Is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fad as provided in Article
All, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney Issued by the company In connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
R
Z
C
g
X
ca
m
0i
Q F
O~
LT
3e
it i
TESTIMONY WHEREOF3ah ve hereunto subscribed my name and affixed the corporate seal of the said company, this 22nd day of
July
By
Davi M: Carey, Ass Secretary
-z7 °rl, 7
i MARTI N / MARTI N
CONSULTING ENGINEERS
Engineer's Opinion of Project Conformity
Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1
Location: Avon, Colorado
I hereby certify that I am a licensed engineer registered in the State of Colorado. To the best
of my knowledge and belief, based upon site observations by Martin / Martin Inc. personnel,
along with test results, reports, and information provided by others, the constructed
improvements on the above referenced project and the materials incorporated therein are in
reasonably close conformity with the contract plans, specifications and standards. The
contract plans, specifications and standards for the project are those presented in The Village
(at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as
approved by the Town of Avon, and subsequent revisions thereto.
Attached to this document is a letter defining items that were constructed in general
conformance with the plans and specifications, but have sustained damage that will be
specifically observed at the time of the Warranty Walkthrough. Also attached is the final
observation punch list stating the outstanding items that have been completed.
This opinion of project conformity is limited to those portions of the project designed by
Martin / Martin Inc.
By:
in / N§r11rQh%
22627
Date:
NAL
•
12499 WEST COLFAX AVENUE. P.Q. BOX IS] 500 . LAKEWOOD. COLORADO 8021 5 . 303.431 .61 00
Y
V42., -V-/
MARTI N /MARTIN
CONSULTING ENGINEERS
September 29, 2004
Mr. Tony Rathbun
SEMA Construction
7353 South Eagle Street
Englewood, CO 801124223
This letter addresses two issues requiring monitoring on the Phase IA punch list. Items EB-15 "Monitor
wingwall crack on north-west approach" and PB-5 "Monitor crack in slope paving (South side of Post
Blvd.) Sta. 45+60" were monitored by Martin/Martin in the past year. The items of concern were
observed and noted as follows:
•
EB-15 "Monitor wingwall crack on north-west approach"
The crack in the wingwall was marked by Martin/Martin using epoxy paint. Ends of cracks and crack
width was monitored for approximately one year. No additional movement was observed during this time
period. It is our professional opinion, due to the absence of additional movement in the crack, the
structural integrity of the wingwall has not been compromised. The wingwall will be observed again at
the time of the warranty walkthrough, approximately one year from now.
PB-5 "Monitor crack in slope paving (South side of Post Blvd.) Sta. 45+60"
The crack in the slope paving has been observed for approximately one year. No observable movement
or degradation has taken place over the observed time. The slope paving will be observed again at the
time of the warranty walkthrough, approximately one year from now.
In addition to these items it has been noted by the Town of Avon that the sidewalk replaced at Station
45+50 and Station 50+00 was placed during inclement weather conditions. It was difficult to ascertain if
any substantial damage was done to the concrete due to the wet weather, so the consensus for this
concrete was to observe the condition of the sidewalk in approximately one year at the warranty
walkthrough, and if any degradation has taken place the slabs will be replaced.
Re ectfully,
Joshua Laipply, P.E.
Project Engineer
r1
12499 WEST COLFAX AVENUE. P.O.BOX 1 51 500 . LAKEWOOD, COLORADO 6021 5 . 303.431 .61 00 IV%
To
Traer Creek
Copy To: file
Subject: Walkthrough Observation
The following was observed:
FIELD OBSERVATION REPORT
Pa eg 1 of 2
By:
Joshua Laipply
Date:
September 28, 2004
Project No.:
15159.C.10
Project Title:
The Village at Avon Phase la
Location:
Phase 1A
Contractor:
Sema Construction
Owner
Traer Creek
Weather
Temp. 70 ° at 1:30 []am ®pm
Present at Site:
Tony-SEMA Erik-Traer Creek
Norm-TOA Joe-TOA
0 On September 24, 2004 Martin/Martin arrived on site to observe the completeness of the Phase IA
punchlist.
Storm - pipe, inlets, manholes, sedimentation pond, energy dissipators
All items were observed complete in this category. Item D-9 & D49 "Remove dirt and debris
from energy dissipators" has been completed.
Curb & Gutter, Sidewalk, Pedestrian Railings
All items were observed complete in this category. Item C-12 seeding has been completed
therefore the item is complete.
Roadway - asphalt, rim elevations, valves, lighting
All items were observed complete in this category.
Eagle River Bridge & MSE Walls
All items were observed complete in this category. ""Touch up of Bridge Railing on all four
approaches" has been completed (EB-2). For item EB-15, "Monitor Wingwall crack on North-
west approach," Martin/Martin will observe the wingwall at the warranty walkthrough to ascertain
if any movement has occurred. To date no noticeable movement has occurred.
Irrigation Ditch
All items were observed complete in this category.
U
G:UiAYNES\15159 C 01 Avon Const\IA-Fieid Reports\A 040924 1Ldoc
Revised 05/02
,~a
FIELD OBSERVATION REPORT
Page 2
Post Boulevard from Roundabout 3 to Roundabout 4 is
All items were observed complete in this category. Item P13-5 "Monitor crack in slope paving,"
will be observed in the warranty walkthrough to ascertain the condition of the slope paving. It
was also noted by the Town of Avon that sidewalk placed at Station 45+50 and 50+00 was placed
during rainy weather. This portion of walk will be observed in the warranty walkthrough for any
surface wear or damage that has occurred as a result of the wet weather placement.
Remaining items on the punchlist consisted of three groups. The first group "Misc. Issues" were issues
provided by Alpine Engineering and the removal of these items should be verified by Alpline
Engineering. The second category is "Unresolved Corrective Issues", these issues are to be resolved by
the Owner through discussions with the Town of Avon. The last group are issues noted by the Town of
Avon and the Owner. These issues are either aesthetic or observations not made by Martin/Martin that we
feel do not impact the general conformance of the project. The interested parties should further pursue
these issues with the Owner or Contractor to nullify their respective concerns.
A warranty walkthrough will be scheduled when the Contractor's warranty is coming to an end and when
the ToA is available. Martin/Martin anticipates this to be approximately one year from now.
•
L~
G'\HAYNES%I5159 C_01-Avon_Const\IA-FieldReports\A 040924 JL.doc Revised 05102
4251 Kipling Street • P.O. Box 4001 wheat Ridge, Colorado 80034-4001 • Telephone: 303-431-6100 • www.marLinmartin.com
Civil Department Fax: 3034314028 Structural Department Fax: 303-431-6866 Marketing Department Fax: 303456-9923
To:
FIELD OBSERVATION REPORT
Page 1 of 2
Traer Creek
By:
Date:
Project No.:
Project Title:
Location:
Contractor:
Owner
Weather
Present at Site:
Joshua Laipply
July 11, 2005
15159.C.30
The Village at Avon Phase la
Phase 1 A
Sema Construction
Traer Creek
Temp. 80 ° at 1:00 Elam ®pm
Erik-Traer Creek, Tony - SEMA
Copy To: file
Subject: Walkthrough Observation
The following was observed:
On July 11, 2005, Martin/Martin arrived on site to observe the one-year performance of construction on
phase 1 A of the Village at Avon.
The following items were noted completed:
1) Depression in the asphalt adjacent to manhole on Yoder near station 14+00
2) Two sections of curb and gutter with severe deterioration between station 8+00 and 17+00 on
Yoder
3) Broken corner of sidewalk (south side of walk) on Yoder near station 10+00
4) Water line trench settlement in Fawcett near station 6+08
5) Settlement of sidewalk at inlet I-20 on Fawcett
6) Diagonal crack in East bound Post blvd. near station 40+00
Additional locations were asphalt patched per Tony with SEMA, as he thought the road would perform
better.
The items corrected are documented with photos attached.
If there are any questions or concerns regarding this list please feel free to contact me.
C:\i ocunients and Settjngs\nwo0d\L0ca1 Settingffemporary Intemet Files\OLK23\A 05071 1 JL.doc
Revised 05/02
•
-in
1 i II Il;ll~l; ~ '1~ l~ l C ~ I I ~I il~;~
..t-_ _ ,=Fry
•
•
Page 1
1~
•
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:7 1117!
'7111AS4 SIX
Page 2
IP
Page 1 of 1
Erik Peterson
From: Josh Laipply [JLAIPPLY@MARTINMARTIN.COM]
Sent: Tuesday, July 26, 2005 3:59 PM
To: Erik Peterson; Kevin Ho
Cc: trathbun@semaconstruction.com; Bruce Haynes
Subject: Inlet 1-19
Mr. Peterson
Martin/Martin has performed on-site observations of inlet 1-19 on Yoder Ave. The slope is very near flat at this
inlet, but we believe that flow will make it to the inlet with minimal ponding. Any sediment present in the curb pan,
at this time, can be attributed to the inlet protection placed at the inlet's mouth. It is our opinion that this inlet, as it
was observed on July 5, 2005, is functioning as designed.
Joshua Laipply, P.E.
Senior Project Engineer
MARTIN/MARTIN, INC.
12499 West Colfax Avenue
Lakewood, Colorado 80215
303.431.6100 Ext. 230
fax 303.456.9923
j laipply@martinmartin.com
www.Mg!linMartin.com
RECEIVED
•
•
AUG 1 9 2005 0
Community Development
8/10/2005 _bA
E
Engineer's Opinion of Project Conformity
Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1
Location: Avon, Colorado
I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To
the best of my knowledge and belief, based upon site observations by Alpine Engineering,
Inc. personnel, along with test results, reports, and information provided by others, the
constructed improvements on the above referenced project and the materials incorporated
therein are in general conformance with the contract plans, specifications and standards and
maintenance agreement. The contract plans, specifications and standards for the project are
those presented in The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan
Submittal - January 23, 2002, as approved by the Town of Avon, and subsequent revisions
thereto.
• An exception to this is the riprap channel below Buffalo Ridge in the CDOT Right-Of-Way.
The riprap was not grouted as indicated on the plans. This change was requested by CDOT as
reported by the Contractor.
This opinion of project conformity is limited to those portions of the project designed by
Alpine Engineering, Inc.
By: Michaeler, PE
.0%
rwl
r
36 83
for Alpine eering. Inc.
•
3~
Seeding In Avon
P//age 1 of 1
..z s
Erik-Peterson
From: Tony Rathbun [trathbun@semaconstruction.com] _ •
Sent: Friday, July 01, 2005 6:26 AM
To: Erik Peterson
Cc: Mike Sliper
Subject: FW: Seeding In,Avon
Erik,
Confirmation from CDOT.
Tony
From: Pitkin, James [mailto.James.Pitkin@DOT.STATE.CO.US]
Sent: Thursday, June 30, 2005 4:41 PM
To: Tony Rathbun -
Cc: Bacialli, Mark; Verketis, Stephen (Mike); Turner, Robert
Subject: Seeding In Avon
Tony,
Your people showed up as scheduled to seed the disturbed area along-1-70 WB that was previously rip-rapped; •
the permit number associated with this project is #11,393. CDOT considers this project complete.
Thank you, Jim Pitkin
Colorado Department of Transportation
PO Box 452
Gypsum, CO 81637
Office 970-524-0627
FAX 970-524-0626
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•
7/1/2005 1;
ALPINE ENGINEERING, INC.
July 28, 2005
Mr. Norman Wood, PE
Town Engineer
P.O. Box 975
Avon, CO 81620
Re: The Village (at Avon) - Filing 1
Chapel Place Culvert
Dear Mr. Wood,
The 18" CMP culvert beneath Chapel Place near the entrance to The Village (at Avon)
was extended on either end by approximately 3-feet. This resulted in flattening of the
foreslopes, which have been revegetated and should function acceptably.
•
Please do not hesitate to call me at 926-3373 if you have any questions.
Sincer ly
Michael J. Sliper, P.E.
cc: Kent Kriehn, Erik Peterson, Kevin Ho RECEIVED
•
AUG 1 9 2005
Community Development
own 61 von cu oc
Edwards Business Center • P.O. Box 97 - Edwards, Colorado 81632.1970) 926-3373 - Fax (970) 926-3390 n
/74a 5'
Gg.)te HEPWORTH-PAWLAK GEOTECHNICAL
September 28, 2004 '
Sema Construction
Attn.: Tony Rathbun
7353 South Eagle Street
Centennial, Colorado 80112
Hepworth-Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-79.88
Fax: 970-945-8454
email: hpgeo@hpgeotech.com
Job No. 103 583
Subject: Conformity of Construction, Town of Avon Requested Documentation,
The Village at Avon, Filing 1, Phase 1, Avon, Colorado
Dear Mr. Rathbun:
Hepworth - Pawlak Geotechnical, Inc. provided quality assurance testing and observation
of earthwork, aggregate base course, concrete, and asphalt paving during construction of
the above referenced project from -June 2002 through April 2004 for the Tr'aer Creek
Metropolitan District, under, our Job No. 102 349. We performed quality. control testing
related, to the project for Sema Construction from September 2003.through.the present
under our Job No. 103 583. Western Colorado Testing (WCT) also performed quality
control testing for the asphalt paving on the project and provided us with field copies of
their test results.
In their letter to Traer Creek LLC dated August 26, 2004, The Town of Avon iquested
additional testing and observation reports related to the 2003 con"str fiction season.' After
review of our project files, we believe the requested documentation does'not exist.
However, the overall results of our quality assurance and quality control testing and
observations, and the asphalt quality control test results provided by WCT, as a whole,
indicate that the project was constructed in substantial confonnance.with the'project,
specifications.
If you have any questions, please contact the undersigned.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Thomas J. Westhoff Q
Reviewed by: z 0 7;w
6 J
David A. Young, P.E.
cc: Traer Creek MetropolitaniVM -Erik Peterson
Parker 303.841-7119 Y Colorado Springs 719-633-5562 e Silverthorne 970-468-1989
•
ICJ
Iq
•
SEMA CONSTRUCHONINC
AvoTowas Town of Avon
DATA - lriY 1 :'z ° OE8C6B'TION
t WV= AMOUNT.-
0
: BALAHI~
7-29-05 072905 100206
1130.60
.00
1130.60
CHECK 8-03-05
CHECK 179848
TOTAL, 1130.60
.00
1130.60
NUMBER
PL .QZC Ut 1 MoM AIMY MCI AM MAN T wn mwwrwv
egMC~k arc (.stu14~C ~4#Cht#S kx4fClk E THE FACE OF THIS DOCUI
Sk CONSTkUCTI6!V JNC.
' 73 3 UGLE ST
CENTENNIAL. CO 84112'. ; .
• 303y627=2600
pay: ***if& 0*14"One thous9" d one un n
`PAY Town of Avon
To THE P.O. Box 9751.
ORDER C* Avon, CO 81620
US BANK
Oft 17TH STREET
DENVER, CO 8=' Z' / ;
1021
T CHECK NO. AMOUNT
ust 3, 2005 179848 $******1,130.60
of 'rs and 6b cents ;
u@000 L 4984811' 1: LO 2 LO L64 51: L 264000 3 5 54 20
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