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TC Council Packet 07-25-2000Town Council Meetings Roll Call Check Sheet Date: 7/25/00 Jim Benson Michael Brown Debbie Buckley % Ll Rick Cuny L'Z Mac McDevitt V'z Buz Reynolds / Judy Yoder v Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: Brown, Reynolds, Cuny, Yoder, McDevitt, Buckley, Benson Staff Present: Bill Efting Larry Brooks Burt Levin K Kris Nash Jacquie Halburnt Scott Wright x. X. Jeff Layman Charlie Moore Meryl Jacobs Norm Wood Bob Reed Harry Taylor Mike Matzko Karen Griffith Other Staff: V A?, ? 0 ? t'-'t " zk V'4/U45 STATE OF COLORADO ) COUNTY OF EAGLE ) TOWN OF AVON ) SS NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 25, 2000, AT 4:00 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:00 PM - 4:15 PM 1.) Avon Art's Council 4:15 PM - 4:45 PM 2.) Nottingham Road Preliminary Design 4:45 PM - 5:00 PM 3.) Wildridge Entry Sign 11 5:00 PM - 5:15 PM 4.) Upper Eagle Regional Water Authority 5:15 PM - 5:30 PM 5.) Community Development Update Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC , B OF AVON, COLORADO POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 21, 2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY 11 0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 4- From: Norm Wood, Town Engineer %? Date: July 20, 2000 Re: Nottingham Road Improvements Update Summary: Representatives from Inter-Mountain Engineering will be at the Council Work Session, Tuesday, July 25h to review preliminary plans and cost estimates for the Nottingham Road Improvement Project. The Preliminary Plans include the westerly 3950 feet of the roadway plus the full length of bikepath from I-70 Roundabout No. 1 to the Kamen Cul-de-Sac. Preliminary Design on the remainder of the Nottingham Road Improvements is currently on hold pending receipt of roundabout design information from Lief Ourston and a proposal from Ray Nielsen regarding the possible relocation of Swift Gulch Road across the Wildwood Resort Property. We anticipate having information on both of these items within the next few weeks. Upon receipt of this information and concurrence of Council, we will then proceed with preliminary design of the remainder of the Project. The attached Preliminary Cost Estimate projects a cost of $624,973 for bikepath construction from Roundabout No. 1 at I-70 to the Kamen Cul-de-Sac and $1,441,845 for Nottingham Road Improvements from the Kamen Cul-de-Sac to a point approximately 150 feet west of the east entrance to Sherwood Meadows. The total estimated cost for construction of this portion of the improvements is $2,066,818. The 5-Year Capital Improvements Budget has $650,000 in 2002 and $650,000 in 2003 for this portion of the Project for a Budget deficit of $766,818. If the improvements between Kamen Cul-de-Sac and Metcalf Road are deleted, the estimated bikepath costs should be reduced approximately $75,000 to about $550,000. The estimated improvement costs for Nottingham Road should be reduced approximately $255,000 to about $1,185,000 for a total estimated cost of about $1,735,000 for this section of the project. This would reduce the projected budget deficit for this portion of the Project to $435,000. It may also be desirable to delete this section of the Project and defer construction until plans for US Forest Service Land Exchange and development are finalized. \\PW\SHARED\Engineaing\CIP\Nottingham Rd\1.0 Administration\1.2 Budget\Mem Dm=.Doc y n ?7: p Preliminary Estimates for the remainder of the Project are not yet available from the Engineers. The current best guess and budget are summarized as: Improvement Cost Estimate Budget Nottingham Road (1500 feet / 3-4 Lanes) $ 750,000 $495,000 Swift Gulch Road (700 feet / 2-Lanes) 300,000 0 Mountain Star Drive Roundabout 500,000 0 Roundabout No. 1 Modifications 150,000 0 Total Projected Cost & Current Budget $1,700,000 $495,000 Current Projected Deficit $1,205,000 Currently, the only financial commitment to the Swift Gulch Road and Roundabouts portion of these improvements is $13,600 to Leif Ourston to provide a Roundabout Design for the Mountain Star Drive intersection. We have not yet received a draft proposal from Ray Nielsen regarding the Swift Gulch Road relocation. Again these numbers are very preliminary and may change significantly as the designs are developed, but hopefully they will provide some useful information when evaluating the project and in making some of the decisions that will be needed in the near future. Recommended Procedures are: 1. Finalize Nottingham Road Design from Metcalf Road to beginning of proposed two-lane section (west of Sherwood Meadows east entrance). 2. Finalize Bikepath design and CDOT approvals from Metcalf Road to 1-70 Roundabout No. I . 3. Continue with Lief Ourston Design of Roundabout at Mountain Star Drive. 4. Evaluate proposals regarding Swift Gulch Road relocation, as they become available. 5. Hold final design for Nottingham Road Improvements between beginning of two-lane section (west of Sherwood Meadows east entrance) and Roundabout No. 1 until additional cost information becomes available. 6. Develop final project plan and construction schedule based on revised cost data, mutually acceptable agreements and acceptable budget constraints. Town Manager Comments: C 11 P__? \\PWtSHAnDTF &eamg\CIP\Nottingham Rd\l.o Administration\1.2 Budget\Mem Draft2.Doc 2 SEGMENT 1 - STA 0+00 TO 39+50 PRELIMINARY ESTIMATE NOTTINGHAM ROAD IMPROVEMENTS E 1.0 GENERAL 1.1 Mobilization 1.2 Survey/ Staking 2.0 DEMOLITION 2.1 Sawcut Existing Asphalt 2.2 Asphalt Removal 2.3 Concrete/Pan Removal 2.4 Curb & Gutter Removal 2.5 Sidewalk Demolition 2.6 Guard Rail Removal 2.7 Roto-Mill 2.8 Remove Headwall 2.9 Remove Culvert 3.0 EARTHWORK 3.1 Clearing 3.2 Unclassified Excavation 3.3 Inplace Embankment 3.4 Site Grading 3.5 Structural Walls 3.6 Boulder Walls 4.0 ROADWAY 4.1 Fine Grade 4.2 Class 1 Subbase 4.3 Class 6 Road Base 4.4 Sand Base 4.4 Asphaltic Concrete 4.5 Concrete Sidewalk 4.6 Pavers 4.7 Curb & Gutter - 2 ft Pan 4.8 Concrete Crosspan - Commercial App. 4.9 Concrete Driveway Approach - Residential 4.10 Extend Existing CMP a. 18" b. 18" Wye c. 24" d. 24" End Section e. 30" f. 30" End Section QUANITIY UNIT UNIT PRICE 1 L.S. $40,000.00 1 L.S. $15,000.00 7,993 42,461 96 0 0 2,263 1,000 1 4 1 2,348 4,956 103,763 1,350 0 84,013 700 1,559 69 3,296 12,878 6,343 7,160 6,236 2,666 13 1 4 1 30 1 S.F. $2.00 S. F. $1.00 S. F. $1.50 L.F. $5.00 S.F. $2.50 L.F. $3.00 S.Y. $5.00 EACH $1,500.00 EACH $2,500.00 L.S. $35,000.00 C.Y. $7.50 C.Y. $12.00 S.F. $0.12 S.F. $30.00 L.F. $50.00 S.F. $0.18 TONS $19.00 TONS $21.00 TONS $20.00 TONS $47.50 S.F. $4.00 S.F. $15.00 L. F. $16.75 S. F. $9.50 S.F. $6.50 L.F. $40.00 EACH $250.00 L.F. $55.00 EACH $300.00 L.F. $60.00 EACH $350.00 SUBTOTAL E TOTAL COST $40,000.00 $15,000.00 $15.986.00 $42,461.00 $144.00 $0.00 $0.00 $6,789.00 $5,000.00 $1,500.00 $10,000.00 $35,000.00 $17,610.00 $59,472.00 $12,451.56 $40,500.00 $0.00 $15,122.34 $13,300.00 $32,739.00 $1,380.00 $156,560.00 $51,512.00 $95,145.00 $119,930.00 $59,242.00 $17,329.00 $520.00 $250.00 $220.00 $ 300.00 $1,800.00 $350.00 $867,612.90 Nottingham Road 7/18/00 r BIKE PATH - PRELIMINARY ESTIMATE NOTTINGHAM ROAD IMPROVEMENTS 1.0 GENERAL 1.1 Mobilization 1.2 Survey/ Staking 2.0 DEMOLITION 2.1 Fence Removal 2.2 Rip Rap Removal QUANITIY UNIT UNIT PRICE 1 L.S. $5,000.00 1 L.S. $2,500.00 5,400 L.F 1,269 S.F $1.10 $1.00 3.0 EARTHWORK 3.1 Clearing 1 L.S. 3.2 Unclassified Excavation 3,224 C.Y. 3.3 Inplace Embankment 754 C.Y. 3.4 Site Grading 120,000 S.F. 3.5 Structural Walls 0 S.F. 3.6 Boulder Walls 1,479 L.F. 3.7 Abutments 12 C.Y. 3.8 Rip Rap 300 C.Y. 4.0 PATH 4.1 Fine Grade 64,500 S.F. 4.2 Class 1 Subbase 0 TONS 4.3 Class 6 Road Base 2,589 TONS 4.4 Asphaltic Concrete 1,008 TONS 4.5 Bicycle and Pedestrian Railing 650 L.F. 4.6 Extend Existing CMP a. 18" 21 L.F. b. 18" End Section 1 EACH c. 24" 36 L.F. d. 24" End Section 1 EACH e. 30" 12 L.F. f. 30" End Section 1 EACH g. 36" 30 L.F. h. 36" End Section 1 EACH $20,000.00 $7.50 $12.00 $0.12 $30.00 $65.00 $600.00 $ 30.00 $0.18 $19.00 $21.00 $47.50 $140.00 $40.00 $250.00 $55.00 $300.00 $60.00 $350.00 $67.50 $400.00 SUBTOTAL TOTAL COST $5,000.00 $2,500.00 $5,940.00 $1,269.00 $20,000.00 $24,180.00 $9,048.00 $14,400.00 $0.00 $96,135.00 $7,200.00 $9,000.00 $11,610.00 $0.00 $54,369.00 $47,880.00 $91,000.00 $840.00 $250.00 $1,980.00 $300.00 $720.00 $350.00 $2,025.00 $400.00 $406,396.00 Nottingham Road 7/18/00 BIKE PATH - PRELIMINARY ESTIMATE NOTTINGHAM ROAD IMPROVEMENTS QUANITIY UNIT UNIT TOTAL PRICE COST 4.7 Install New HDPE a. 18" 33 L.F. $45.00 $1,485.00 b. 18" End Section 2 EACH $250.00 $500.00 c. 24" 68 L.F. $50.00 $3,400.00 d. 24" End Section 2 EACH $300.00 $600.00 e. 30" 100 L.F. $60.00 $6,000.00 f. 30" End Section 10 EACH $350.00 $3,500.00 9. 84" 23 L.F. $175.00 $4,025.00 h. 84" End Section 2 EACH $1,500.00 $3,000.00 4.8 Install New Signs 5 EACH $250.00 $1,250.00 4.9 Striping 0 L.S. $0.00 $0.00 4.10 Bridge, 12'x40' 1 L.S. $30,000.00 $30,000.00 4.11 Concrete Handicap Ramp 1 L.S. $800.00 $800.00 4.12 Right-of-Way Fence 5,315 L.F. $2.00 $10,630.00 5.0 EROSION CONTROL 5.1 Erosion Bale Inlet Protection 7 EACH $175.00 $1,225.00 5.2 Silt Fence 5,600 L.F. $2.50 $14,000.00 5.3 Re-Vegetation and Landscaping 1 L.S. $30,000.00 $30,000.00 106.0 UTILITIES 6.1 Adjust Manhole Rims 0 EACH $300.00 $0.00 6.2 Adjust Gate Valves 0 EACH $200.00 $0.00 6.3 Adjust Curb Stops 0 EACH $125.00 $0.00 7.0 TRAFFIC CONTROL 7.1 Equipment and Personnel 1 L.S. $4,000.00 $4,000.00 SUBTOTAL 20% CONTINGENCY TOTAL C $520,811.00 $104,162.20 $624,973.20 Nottingham Road 7/18/00 STA 0+00 TO 39+50 PRELIMINARY ESTIMATE I I it i f NOTTINGHAM ROAD IMPROVEMENTS 4.11 Install New HDPE a. 18" b. 18" End Section c. 24" d. 24" End Section 4.12 Install 5.5 ft Curb Inlet 4.13 Install Field Inlet 4.14 Install 4 ft Drainage Manhole 4.15 Relocate Signs/Driveway Markers 4.16 Install New Signs 4.17 Striping 4.18 Right-of-Way Fence 5.0 EROSION CONTROL 5.1 Erosion Bale Inlet Protection 5.2 Silt Fence 5.3 Re-Vegetation and Landscaping 6.0 UTILITIES 6.1 Install Poles and Light Fixtures 6.2 Install Low Level Lamps 6.3 Relocate Pole 6.4 Street Light Wiring and Conduit 6.5 Relocate Fire Hydrants 6.6 Install Fire Hydrants 6.7 Relocate Pedestals 6.8 Relocate Transformers 6.9 Adjust Manhole Rims 6.10 Adjust Gate Valves 6.11 Adjust Curb Stops 6.12 4 inch PVC Future Use Conduit 6.13 Relocate Electrical Vault 7.0 TRAFFIC CONTROL 7.1 Equipment and Personnel QUANITIY UNIT UNIT PRICE TOTAL COST 80 L.F. $45.00 $3,600.00 1 EACH $250.00 $250.00 395 L.F. $50.00 $19,750.00 6 EACH $300.00 $1,800.00 5 EACH $2,200.00 $11,000.00 4 EACH $2,000.00 $8,000.00 3 EACH $2,500.00 $7,500.00 28 EACH $150.00 $4,200.00 5 EACH $250.00 $1,250.00 1 L.S. $5,500.00 $5,500.00 0 L. F. $2.00 $0.00 8 4,000 1 14 56 1 1 2 0 2 0 12 10 7 800 1 1 EACH L.F. L.S. EACH EACH EACH L.S. EACH EACH EACH EACH EACH EACH EACH L.F. EACH L.S. $175.00 $2.50 $30,000.00 $3,500.00 $1,500.00 $1,200.00 $30,000.00 $2,500.00 $3,500.00 $1,000.00 $2,000.00 $300.00 $200.00 $125.00 $15.00 $5,000.00 $35,000.00 $1,400.00 $10,000.00 $30,000.00 $49,000.00 $84,000.00 $1,200.00 $30,000.00 $5,000.00 $0.00 $2,000.00 $0.00 $3,600.00 $2,000.00 $875.00 $12,000.00 $5,000.00 $35,000.00 SUBTOTAL $1,201,537.90 20% CONTINGENCY $240,307.58 TOTAL $1,441,845.48 E L` Nottingham Road 7/18/00 51. To: Honorable Mayor and Town Council Z- From: Bill Efting, Town Manager Date: July 20, 2000 Re: Request to Expand Upper Eagle Regional Water Authority Board 41 ?9 _ SUMMARY: Attached is memorandum from Jim Collins explaining the request from Bachelor Gulch and Cordillera Districts for expansion of the Upper Eagle Regional Water Authority Board. Current members of the board include: Edwards Metro, Beaver Creek Metro, Arrowhead Metro, Eagle-Vail Metro, Berry Creek Metro and the Town of Avon. The Town of Avon is currently one of six voting members on the board, expanding the board to eight voting members could possibly diminish our authority and possibly compromise our water needs. As explained in Mr. Collins memo, he is requesting that each of the six current member's vote on this. To pass it must be unanimous. RECOMMENDATION: I would recommend that the Town of Avon vote no on expanding the Upper Eagle Regional Water Authority Board and urge Mr. Collins to further explore other alternatives as explained in his letter. . ? % H '}? QC Gp L -0F ATIC?F! 4 A,J d i i TELEPHO , 1?r?L ?` fJChRrL r 7 At 1ES P. COLLIN* ? t ?' 363 986 155t' t ? ATTORNEYS AT LAW f s"i1 i 6 ?T ' p ° -v 1 9 ji 8D0-5vt 59?' , AOBERTG:'UOic ' ! q, y ^ r3 U Jh BOULEVARD,SU{dQc ,t PAUL C. RUFIEN dENVER, COLORADO 80228-155TELEFAX 303-986-1755 TIMOTHY J. FLYNN E-MAIL DEREK G. PASSARELLI CandCPC@aOl.com MEMORANDUM July 13, 2000 TO: Robert Warner, Jr. - Edwards Metro Stephen B. Friedman - Beaver Creek Metro Gil Marchand - Arrowhead Metro Walter D. Allen - Eagle-Vail Metro Homer Williams - Berry Creek Metro Buz Reynolds, Jr. - Town of Avon Dennis Gelvin, General Manager Upper Eagle Regional Water Authority FROM: James P. Collins RE: Expanding Upper Eagle Regional Water Authority Board One of our Members asked that I review the exact procedure for considering an expansion of the Upper Eagle Regional Water Authority Board, in response to the request from the Bachelor Gulch and Cordillera Districts. Remember that the UERWA is a governmental entity formed by Intergovernmental Agreement among the five Districts and the Town. There is a specific statutory provision allowing for the formation of Water Authorities such as this. Those matters not restricted by statute are governed by the Intergovernmental Agreement which establishes the Authority. Ours is the September 18, 1984 Agreement Establishing The Upper Eagle Regional Water Authority. I am taking this opportunity to enclose a copy of that Agreement since many of you may never have seen it. Know also that there exists the Amended And Restated Master Service Contract dated 1-1-98. Upper Eagle Regional Water Authority\Memosj BOD Expansion.doc r? St .a s•, - %!! ppr S U pot nlE Regional W'dtci 11oritV JULY 13, 2000 fta) 44 PAGE 2 The applicable parts of the Establishing Agreement pertaining to the composition of the Board of Directors are Sections 3.1 and Section 7, which I have highlighted for your easy reference. As you can see, each "Contracting Party" is entitled to one Director position. Therefore, in order to add a Director, you must add a Contracting Party. Pursuant to Section 7, adding a Contracting Party requires the unanimous consent of all existing Contracting Parties. If all Contracting Parties determine to approve the expansion of the number of Contracting Parties within the Upper Eagle Regional Water Authority, then I will craft a Resolution authorizing this, and possibly authorizing an Amendment to Establishing Agreement dealing with the Section 7 requirement that "...a new Contracting Party shall be assessed a capital investment fee to cover its pro rata share of the costs of those capital assets previously purchased or constructed by the Authority..." If the existing Contracting Parties do not with to expand the number of Contracting parties, there may be some other alternatives to consider, such as establishing "Advisory Board Member" positions; establishing one Board seat for all third party contracting participants; or creating some other form of Board Member, Non-voting Board Member, or Advisory Board Member arrangement. I hope this is helpful. Please let me know if questions remain. /Jg Enclosure cc: /William Efting - VIA FED EX Richard D. MacCutcheon Larry E. Grafel Norman Wood Laurence F. Dunn, Jr. Gary R. White ?} Y ? • ? ?, jfz:? ?r?i?' ? ? ?? y?f tw.. 7?, q? p ! .R ? ?,? ?yl 'ti +? ?. ? .?_ ?=r .' AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY THIS AGREEMENT, establishing the Upper Eagle ional W ter Authority is made and entered into this day of pkmLic r'1984, by-and among ARROWHEAD METRO DISTRICT, AVON METROPOLITAN DISTRICT, BEAVER CREEK METRO- POLITAN DISTRICT, BERRY CREEK METROPOLITAN DISTRICT, EAGLE- VAIL METROPOLITAN DISTRICT and EDWARDS WATER DISTRICT, all of which are quasi-municipal corporations of the State of. Colorado, all of which are located in the County of Eagle, Colorado, and any additional parties which may be made a party at a later date, all of which shall hereinafter be referred to as "Contracting Parties". WITNESSETH WHEREAS, each of the Contracting Parties is authorized and empowered to supply water for domestic and other public and private purposes by any available means, and to provide all necessary property,-diversion worka,'reservoirs, treat- ment works and facilities, equipment and appurtenances'in- cident thereto; and WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV, Sections 18.2(a) and (b), and C.R.S., Section 29-1-204.2, known as the "Water Authority Act hereinafter referred to as the "Act"), the Contracting Parties desire to establish a Water Authority as a .separate governmental entity to make the best practicable use of their joint resources, to supply water to the Contracting Parties, their inhabitants, and others, and further devel- opment of water resources systems and facilites; and WHEREAS, the establishment of a Water Authority by the Contracting Parties in Eagle County, Colorado, will serve a public purpose and will promote the health, safety, pros- perity, security and general welfare of the inhabitants and taxpayers of the Contracting Parties, Eagle County, and the State of Colorado; and WHEREAS, pursuant to C.R.S.•,.Section 32-1-1001(d), and the Act, Contracting Parties ave the authority to enter into this Agreement, NOW, THEREFORE; 'in consideration of the mutual per- formance of the covenants, agreements and promises not forth hereinafter, the Contracting Parties agree as follows: 1. Effective Date and Term. This Agreement shall become effective when it has been duly executed on behalf of all:of the Contracting Parties. The term of this Agreement shall be ten (10) years from said effective date, and this Agreement shall be renewed., for additional ten (10) year terms, unless terminated by a written notice duly executed by each of the Contracting Parties, one hundred and eighty (180) days prior to the anniversary of the effective date; provided, however, that this Agreement may not in any event be terminated or re- scinded, so long as the Authority has bonds, notes or other 'obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligation. Y j ? 4 } `e - r )tiI _ it { ice. ?1. 7k ? s ? ' r s 9 b. equire, hold, lease (as lessor or lessee), sell or otherwise dispose of any legal or equitable interest in real or personal property, including water rights, utilized for the purposes of raw water diversion, storage transmission and treatment, storage and distribution of treated water. . C. To conduct its business and affairs for the benefit of the inhabitants of the Contracting Parties hereto, and others, in the discretion of the Authority's Board of Directors.. d. To enter into, make and perform contracts of every kind with other local governmental an- tities, the State of Colorado, or any political subdivision thereof, the United States, or any political subdivision thereof, and any in- dividual, firm, association, partnership, cor- poration or any other organization of any kind. e. To employ agents, including but not limited to, engineers, attorneys, architects and consultants, and employees. f.' To incur debts, liabilities or obligations to the extent and in the manner permitted by law, and borrow money and, from time to time, to make, accept, endorse, execute and deliver bonds, notes and other obligations of the Authority for monies borrowed; or in payment for property acquired, or for any of the other purposes, services or func- tions of the Authority, as provided by law; and to the extent permitted by law, to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement or other collateral instrument, or by other lien upon or assignment of all or any part of the properties, rights, assets, contracts, easements, revenues and privileges of the Authority; provided, how- ever, in no event shall the Authority be auth- orized to encumber any leasehold interest in water rights assigned or leased to the Authority b•• a Contracting Party, unless authorized by the Contracting Party in.its service agreement with the Authority, after obtaining consent, if re- quired, of Contracting Party's lessor. 9 To own, operate and maintain real and personal property and facilities in common with others, and to conduct joint, partnership, cooperative or other operations with others, and to exercise all powers granted herein in joint, partnership or cooperative efforts and operations with others. h. To condemn property for public use, provided such property is not owned by any public utility and devoted to public use pursuant to State authority. i. To operate and administer plans for augmentation of water rights, and keep appropriate records in connection therewith. J* To sue, and to be sued, in its own name. k. To have and use a corporate seal. 7 { r•g' 3 ' ' ? af' 3 P or . ; V. ? 3?e i" d, t ?` , t4 a d; , phi >' j?3;,? "? iii #:?' 1'• e ? shall be an elected official of the Contracting Party, and one or more alternate members who, in the discretion of the Contracting Party, may be an elected official of that Con- tracting Party to the Board of Directors. Such alternate member shall act and vote only in the absence of the principal member appointed by the same body. 3.3 Terms Each Director shall serve at the pleasure of the govern ng body of the Contracting Party by whom he was appointed. 3.4 :Vacanciess A vacancy occurring in the Board of Directors, wet er such vacancy be the result of resigna- tion, death, removal or disability, shall be filled in the same manmer•of appointment or selection as provided in Paragraph 3.2 hereof. 3.5 Compensations Directors may receive compensation for their sere ces w t in statutory limits, if any, as may be provided by resolution of the Board of Directors, and the Board of Directors, by resolution, shall provide for reimbursement to the Directors of their actual expenses incurred on.behalf of the Authority. 3.6• Ex Officio Membersi The Manager of the Upper Eagle Sanitation D str ct a all be an ex officio member of the Board of Directors. Such member shall not have the right to vote, act-on behalf of the Authority, hold office or exercise any of the powers of the Board of Directors, but shall act in an advisory capacity to the Board of Directors as provided in this Agreement or as determined by resolution of the Board. 3.7 Regular Meetinya: The Board of Directors, from time to t met may provide, by unanimous resolution of all the Directors, for the time and place of holding regular meetings without notice to the Directors, other than such resolution. 3.8 Special Meetings: Special meetings of the Board of Directors may a called by the Chairman or any Director, and it shall thereupon be the duty of the Secretary to cause notice of such meeting to be given as hereinafter provided. Special meetings of the Board of Directors shall be held at such time and place as shall be fixed by the Chairman or Director calling the meeting. 3.9 Notice of Meeting's: Written notice of any special meeting-6-f-Oie Boar of Directors shall be delivered to each Director not less than three (3) days before the date fixed for such meeting, either personally or by mail, by or at the direction of the Secretary, or upon his default, by the person calling the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the Director at his address as it appears on the records of the Authority, with postage thereon prepaid. 3.10 Waiver: Whenever any notice is required to be given to any Director of the Authority under the provisions of law or this Agreement, a waiver thereof in writing signed by such Director, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a 'Director at any meeting of the Board of Directors shall constitute a waiver by such Director of notice of such meeting, 5 ? ? a - W?1 r'a pit} i•i ,? ? 1 a+Il? a E , ' a•°t }al tier, officers sa1i Ybe elected annually 1!1}x° the Board s i of Directors at the Board's last regularly scheduled meeting for each calendar year. Each officer shall hold office until the next succeeding election of the Board of Directors, or until his successor is elected and qualified. Vacancies or new offices may be filled at any meeting of the Board of Directors. 4.2 Removals Any office or agent elected or appointed ?yTe Board of Directors may be removed by the Board of Directors, with or without cause, whenever in its judgment the best interests of the Authority will be served thereby. 4.3 Duties of Officerss in addition to duties designated by e Boar o Directors, the duties of the officers shall include the followings a. Chairmans The Chairman shall preside at all meetings of the Board of Directors and, ex- cept as otherwise delegated by the Board of Directors, shall execute all legal instru- ments of the Authority. b. :th Vice-Chairmans The Vice-Chairman shall, in e a Bence of the Chairman, or in the event lof his inability or refusal to act, perform the duties of the-Chairman, and when so acting, she have all the powers of, and be subject to all restrictions upon, the Chairman. C. Secretar s The Secretary shall maintain the o c a records of the Authority, including this Agreement, by-laws, rules and regula- tions established by the Board of Directors, minutes of the meetings of the Board of Direc- tors, and a register of the names and addresses of the Directors and officers, and shall issue notice of meetings, attest and affix the corporate seal to all documents of the Authority. Id. Treasurers The Treasurer shall serve as nanc a official of the Authority, and pursuant to the fiscal resolution adopted by the Board of Directors governing the finan- cial transactions of the Authority and* the restrictions imposed by law, be responsible for the receipt, custody, investment and disbursement of the Authority's funds and securities, and for duties incident to the office of Treasurer. e.• Assistant Secretaries and Assistant Treasurers: The Boar may app- nt suc ass atants as t deems necessary and appropriate. f. Miscellaneouss The duties and functions of t e Secretary and the Treasurer may be per- formed by a single-individual who shall be a principal member of the Board. If the in- dividual performing the duties of Secretary is not a member of the Board of Directors, such individual shall receive such compensa- tion as is deemed appropriate by the Board of Directors. ? ? ? ? ? lc , '?i as b, $ ?? , Y , ? 4 ? i ? ;? ! e ? f ? ¦ i} ?jy+ S w i 4, Q? jf t 19 ` ?, ' , g,e7 yk?{ q ?Ys y G 3 ? ?- I?tf ?-? S >.t[? 3 9! 'f !c , 5 i f I CT y. ?- while the withdrawing Contracting Party was a party. Upon withdrawal, a withdrawing Contracting Party shall have no further interest, right or title in or to any assets or equity of the Authority, and shall forfeit its status as a "Contracting Party"•with regard to its Board of Directors position and voting rights inherent therein, unless there is a specific agreement to the contrary; provided, however, that any water rights conveyed, assigned, leased or other- wise contributed to the Authority by a withdrawing Contract Party shall immediately vest in such Contracting Party. B. Distribution on Termination. 8.1 Distribution of Assets: In the event of the recission or term nat on o this Agreement and the dissolution of the Authority, all of the assets of the Authority shall immediately vest in the Contracting Parties, subject to any outstanding liens, mortgages or other pledges of such assets. The interests in the general assets of the Authority conveyed to each Con- tracting Party shall be that proportion which the average annual amount of treated water sold to'each Contracting Party bears to the average annual total amount of all treated water sold by the Authority to all Contracting Parties. Provided, however, that the Contracting Parties may otherwise provide, by unanimous agreement, for disposition of any and all interests of the Authority to any successors to the Authority, or for any alternative disposition among the Contracting Parties. 8.2 Distribution of Water Rights. In the event of the rec ss on or term nat ono this Agreement and the dissolution of the Authority, all right, title and interest of the Authority in any water rights of the Authority shall, immediately vest in the Contracting Parties as follows: a. As to any water rights or interest therein conveyed, assigned, leased or otherwise con- tributed to the Authority by a Contracting Party, such water rights shall immediately vest in the Contracting Party which conveyed, a asigned,'leased or otherwise contributed such water rights to the Authority. b. As to any other water rights of the Authority, the interests in such water rights conveyed to each Contracting Party shall be distributed in accordance with the provisions of paragraph 8.1 above. 9. Execution of Contracts. Except as otherwise provided by law, the Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract, or execute and deliver any instrument in the name and on behalf of the Authority. 10. Negotiable Instruments. All checks, drafts or other orders for payment of money and all notes, bonds, or other evidences of indebted- ness issued in the name of the Authority shall be signed by such officer or officers, agent or agents, employee or'em- ployees of the Authority, and in such manner as, from time to time, shall be determined by resolution of the Board of Directors. 9 1l Yy ? ' ?y 'A? { 1 e .?11 'i ? ?1 wrt?f # s F 1 s • g i ? .4 a:: ?y 5 fib. Y ? _ _ '. ? q-f "+ ? '. ? ? r ? ? ? .i€. ss;;, w s j°1ti.'. °Cezt Recove All of the Authorly's" ex U? ?'' plbrs6s iricurre n carrying out its functions,. or pro- vidin its s i g erv ces pursuant to paragraph 2.2 hereof, shall be recovered by assessing to each of the Con- tracting Parties service charges made up of the follow- ing components: A. Debt service, including, but not by way of limitation, annual principal and interest payments, and any fees and charges associated therewith, on the Authority's outstanding debt obligations incurred on behalf of Con- tracting Parties. All Contracting Parties who issue their own bonded indebtedness and make direct capital contributions to the Authority for acquisition or construction of Authority assets, shall be exempt from as- sessment of the debt service component re- l t d a e to such direct capital contribution. b. Depreciation and replacement, including, but not by way of limitation, charges for major- repairs and replacement of capital equipment. Charges collected shall be deposited into a reserve fund. The depreciation and replace- ment component shall be assessed to each Contracting Party on a continuing-basis. C. Operation and maintenance, including, but not by way of limitation, cost of acquiring raw water, administration fees, and all normally recurring expenses incurred in the conduct of Authority activities. The operation and maintenance component shall be assessed to each Contracting Party on a continuing basis. Each Contracting Party may pay its annual pro rata share of service charges from any funds lawfully avail- able to said Contracting Party. 17.2 Water Rights. Each of the Contracting Parties shall leasi-its water rights, or assign whatever in- terests it may have to utilize water rights, to the Authority, subject to limitations contained in existing decrees affecting said water rights. The Authority shall undertake to secure legal transfer of the points of diversion of those water rights leased or assigned to the Authority. Such hransfer shall not detrimentally affect the water rights of any Contracting Party under existing decrees, without prior written consent of such Contracting Party, such consent not to be unreasonably withheld, or in the case of a leasehold interest, con- sent of the Lessor. Reasonable assistance required by the Authority for such transfers shall be provided by all Contracting Parties. As consideration for such lease or assignment, once tranferred to the Authority's points of diversion, the Authority agrees to administer each Contracting Party's Plan for Augmentation or water transfer decree and to provide whatever services are necessary to protect all such water rights leaned or assigned to it from legal injury. 11.3 Financin Commitment. Through its service contract, :eac Contract n q Party shall set forth its determination whether to participate in the :Authority's revenue bond financing or to raise its own pro rata capital contribution through issuance of its own bonds. 11 1.2 ?ArVOt' Mk T{t0°OLITAN,5z razGx> s t ?` N 4 w f 5. g ?? : Pll ?, rs F d Pre dent ATT ST: cratary (SEAL) ATTESTS 40jo J h secretary j SEAL) ATTEST:, cretary ,(SEAL) BEAVER CREEK METROPOLITAN DISTRICT By P es ent BERRY CREEK METROPOLITAN DISTRICT By/ alj(,-f4w gas, - President EAGLE-VAIL METROPOLITAN DISTRICT By ' P-diliddnt ATT ST: U Se a ary (SEAL) EDWARDS WATER DISTRICT ATTESTS C, Secretary By Pr ent (SEAL) 13 h 1 + r 441 de ; , ; tt °v a - ? ? ? e -?3} ry 3 ? FJS.Y a .F t' s ln1iA E OF COLORA 'f T DO, r y ?' , %t e } 5 ` x ! COUNTY OF EAGLE dr i S} t . 0 a foregoing Agreement was acknowled ed before me this day of , 1984, by ?_ k)!,# th e cretary of the e Berry rry Creek ek Metropolitan District. Witness my hand and official seal. Not-dry-Public e $?t? My Commission expires: t??__. STATE OF CQLORADO ) as. COUNTY OF EAGLE ) The foregoing Agreement was ac nowledged bef re mQ this ??` day of . 1984, by IN "j_jW as President an as ecretary of the Eagle-Vail etroro tan District. Witness my hand and official seal. Notary Public Add as My Commission expires: l 4 STATE OF COLORADO ) ) as. COUNTY OF EAGLE J e forego nq Agreement was acknowledged before me this day of , 1984, by -Ra(orz?rl' l?'?ryr,,_Vr' . as President and 9r- as Secretary of the Edwards Water D str ct. Witness my hand and official seal. t?ck .J• Sbcj_. . Notary Public I? _(01 r'4?-.. (r- tiCr? .81631 My Commission expires: t 15 x 9{„ dC is Ij! 0 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA July 25, 2000 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a.) Thunderbird Arts Festival/Concert Update C UCH 3. Ordinances a.) Second Reading of Ordinance No. 00-08, Series of 2000, An Ordinance Amending Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices Z PUBLIC HEARING b.) First Reading of Ordinance No. 00-09, Series of 2000, An Ordinance Amending the Real Property Transfer Tax i - -)` 4. Resolutions 5. Unfinished Business 0 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the July 11, 2000 Council Meeting Minutes b.) Financial Matters ft?'l Resolution No. 00-34, Series of 2000, A Resolution Authorizing the Town of Avon to Participate in the Coordinated Election of November 7, 2000 Y d.) Change Order No. 1, Final Quantities - Street Improvements e.) Storm Drainage Improvements Design Proposal £) Wildridge Entry Sign Proposal 12. Adjournment ® STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 25th DAY OF JULY, 2000, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 00-08, SERIES OF 2000: An Ordinance Amending Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 17th day of July, 2000. TOW-V QF AVON, COLORADO BY: Kris Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 17,2000: AVON MUNICIPAL _BUILDING _IN_THE_MAIN _LOBBY __ AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY 11 ORDINANCE NO. 00 - 08 AN ORDINANCE AMENDING CHAPTER 15.40 OF THE AVON MUNICIPAL CODE RELATING TO SOLID FUEL BURNING DEVICES BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 15.40.010(A) is hereby repealed and reenacted to provide as follows: "To protect air quality." Section 2. Amendment. Section 15.40.010(B) is hereby repealed. Section 3. Amendment. Section 15.40.020(A) is hereby repealed and reenacted to provide as follows: "'Certified gas-log fireplace' means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit which is approved for the burning of natural gas." Section 4. Amendment. A new Section 15.40.020(F) is hereby added to provide as follows: "'Non-certified gas-log fireplace' means a wood-burning fireplace equipped with an artificial log unit which is approved for the burning of natural gas, and is not used for burning wood or other solid fuel." Section 5. Amendment. The third sentence of Section 15.40.030 is hereby repealed and reenacted to provide as follows: "Below such elevation, certified-solid fuel-burning devices, gas appliances and certified gas-log fireplaces shall be permitted." Section 6. Amendment. The last sentence of Section 15.40.040 030 is hereby repealed and reenacted to provide as follows: "Above such elevation, certified-solid fuel-burning devices, gas appliances and non-certified gas-log fireplaces shall be permitted." INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 11 day of July , 2000, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on ® the _2,5 day of jui y , 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. dy Yod r, yor 0 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2000. Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney ?11 2 C. LJ MEMORANDUM FROM: Burt Levin TO: Hon. Mayor and Town Council CC: Bill Efting, Larry Brooks RE: Amendments to Transfer Tax Ordinance DATE: July 12, 2000 Based on the direction from Council during the July 11 th work session, the attached amendment to the transfer tax ordinance is being introduced for passage on first reader. 11 TOWN OF AVON ORDINANCE NO. 09 SERIES OF 2000 AN ORDINANCE AMENDING THE REAL PROPERTY TRANSFER TAX WHEREAS, the Town Council wishes to amend the Real Property Transfer Tax, and WHEREAS, this amendment is revenue neutral. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that: Subsection 3.12.070E repealed and reenacted. Subsection 3.12.070E of the Avon Municipal Code is hereby repealed and reenacted as follows: C "Transfers made pursuant to reorganization, merger or consolidation of corporations, or by a subsidiary to a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock, or transfers made to a corporation, partnership, limited partnership, joint venture, business trust or other association or organization, if that association or organization is owned by the persons by whom such transfer was made, if such owners have the same relative interests in such association or organization as they had in the real property immediately prior to such transfer and there is no consideration other than their respective interests in the new association." 2. Subsection P added to section 3.12.070. A new subsection P is hereby added to section 3.12.070 of the Avon Municipal Code, to read as follows: "The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade under the Internal Revenue Code wherein the interim owner acquires property for the sole purpose of reselling that property as part of a qualified exchange and the property is resold within 24 months after the first transfer. In these cases, the first transfer of title is subject to the Real Property Transfer Tax and the subsequent transfer will only be exempt as long as a transfer tax has been paid in connection with the first transfer or such residence in such exchange. In the event the consideration for the subsequent transfer is greater than the consideration for the first transfer, transfer tax shall be due on such increased amount of consideration." INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _day of , 2000, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the day of , 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2000. Attest: Judy Yoder, Mayor Kris Nash, Town Clerk ® APPROVED AS TO FORM: Burt Levin, Town Attorney E 2 CO_DOCS_A 56190 v 4 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 11, 2000 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:28 PM. A roll call was taken with Councilors Jim Benson, Michael Brown, Debbie Buckley, Rick Cuny, Mac McDevitt and Buz Reynolds. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Deputy Town Clerk Cait Hilmer, Finance Director Scott Wright, Police Chief Jeff Layman, Recreation Director Meryl Jacobs, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Michael Matzko, Engineer Anne Martens, as well as members of the public Mayor Protem Election: Town Attorney Levin explained the procedure for the election of Mayor Protem. Deputy Town Clerk Hilmer distributed the ballots to all Council members. 0 Councilor Cuny nominated Buz Reynolds. Councilor Reynolds nominated Jim Benson. Council placed their vote. Deputy Town Clerk Hilmer tallied the votes and announced that Buz Reynolds is the new Mayor Protem. Real Estate Transfer Tax Appeal, 0288 West Beaver Creek Blvd. (Westlund Investments) Mayor Yoder stated that this appeal was tabled from the June 27 meeting until tonight so that the Council could get additional information. Mr. Thomas McMillen of Professional Exchange, representing Westlund Investments, stated that Westlund Investments did a Reverse 1031 Exchange, paid the transfer tax twice on the same property and they are asking for an exemption from the second application of the transfer tax less the difference for the improvements made to the property. Councilor Buckley motioned that the appeal by the applicant be granted. Councilor McDevitt seconded the motion. The motion carried unanimously. n Mayor Yoder thanked Mr. McMillen for his help in clarifying the situation. She also stated that Council will be looking at changing the regulation to accommodate the Reverse 1031 Exchange. Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge (Whitney Grundtisch) Ms. Whitney Grundtisch was not present. Finance Director Wright stated that Ms. Grundtisch had forwarded a letter to the Council explaining her appeal. Mr. Wright stated that he thought Ms. Grundtisch was going to be present for tonight's meeting. Councilor Benson stated that he would like to hear from Ms. Grundtisch before making a decision. Councilor Curly stated that she did not follow the time table for applying for the exemption. He questioned how long after the closing the application came in. Mr. Wright stated that she closed on the property in August 1999 and we received the application on April 10, 2000. Councilor Curly confirmed that if the application was received in time, she would have been eligible for the exemption. Mr. Wright confirmed. Mayor Yoder stated that Ms. Grundtisch did sign a document at closing stating that she understood that Avon did not receive the application and that she agreed that she would indemnify Stewart Title because she did not apply. Councilor Buckley pointed out that Ms. Grundtisch was supposed to be at the last meeting and she cancelled, and she has not shown for this meeting. She felt that this has been a nine month process and that we should not continue to wait for her. Councilor Benson asked to move this item to later in the meeting. Councilor Curly stated that he will vote in favor of the appeal, but if Council wants to wait to hear from Ms. Grundtisch that's fine. Mayor Yoder agreed that the Council likes to help people, but they've tried to abide by the law before and have not granted exceptions when the applicant obviously knew what was going on. We've amended the process to make it easier for the applicant. Mr. Wright explained that in 1997 we amended the process to provide that if they file the application prior to the tax being paid, the title company could place the taxes into escrow to allow the applicant time to file the application. Councilor Benson questioned why the title company would draft such a letter for her to sign stating that she does not get her exemption money. Mr. Benson stated that is what he would like answered. Town of Avon Regulaz Council Meeting July 11, 2000 y i - Councilor Buckley asked if the Council has denied other appeals for the timing reason. Mr. Wright stated this is his fourth appeal he has heard in his four years with the town. Two appeals were denied and two were granted, two that were granted were after the ordinance was changed. Councilor Reynolds stated that he would like to table this item until Ms. Grundtisch is present. Councilor Buckley stated she is opposed to tabling it since it has taken her nine months to get to this point. Town Attorney Levin said that the code states that if Council does not take action within 30 days of filing the appeal, then the appeal is automatically granted. However, if the applicant is not here and the item is postponed, she is not in a position to complain. Town Manager Efting stated that last meeting she asked for it to be tabled, she has not done so for this meeting. That is where the 30 days could kick in. Councilor McDevitt stated that she should be given until the end of the meeting to show up. Council agreed to table until the end of the meeting. Eagle River Water and Sanitation District Mr. Rick Sackbauer of the Sanitation District approached the Council. He stated that they have a design proposal out to bid for the waste water treatment plant for emergency power in the odor control area. They hope to act on it later this month. He also reported they increased the velocity on the fan that boosts the treated air up and over Avon. Thirdly, he stated they received a call in June of an odor in the basement of the Season's building. He reported that the odor was caused by the basement of the Season's building. Not the waste plant. Mr. Sackbauer stated that he was asked to come before the Council by his Board and ask that the Council further modify the ordinance to allow for acts of God. He asked to allow Council, his Board, and the Staff to get together to discuss wording. Mayor Yoder stated that the Council will consider his request. Sunridge Phase II Mr. Rich Barnes, secretary of the condo association for Sunridge, Phase II, approached the Council. He also introduced other Boardmembers of the association. Mr. Barnes read a statement into the record (see Exhibit A). 11 Town of Avon Regular Council Meeting July 11, 2000 Town Engineer Norm Wood stated that Staff did look at the alignment and alternate routes with Sunridge representatives. Mr. Wood explained the other alternatives and why they would not work. He further explained the proposed alignment and the privacy issues, including installing a fence. Councilor Benson questioned who would maintain the fence. Mr. Wood stated that would be for negotiation, as it is not part of the bike path and would be turned back to the property owners. Councilor Buckley questioned when Mr. Wood started to meet with Sunridge. Mr. Wood stated some time last fall. Mr. Wood stated they have been talking with Sunridge for some time to resolve issues. Most of the discussion is that they would like to see the path some where else. Mr. Wood stated Staff does understand that, but that this is the only realistic alignment for the path. Mr. Barnes agreed that they have discussed alternatives several times, but did not get the final alternative until June 20. They feel they are moving in the right direction, but it could go farther. Mr. Barnes stated the fence would not be on Sunridge's property, so it is not their fence. Councilor Benson asked if we are proposing to maintain the bike path. Mr. Wood said that the path would be part of the county system. That issue is still in discussion. Mr. Barnes proposes to move the path over 15 more feet. Mayor Yoder asked if it could be moved. Mr. Wood explained why they are not proposing that move. Mr. Barnes requested that the project be postponed until next year as they are pushing to start the project in August. Mayor Yoder stated that the Town is being pushed to start in August. Town Manager Efting suggested that we have a worksession to work things out. He said if Council wants to keep the August schedule we have to go forward with the condemnation papers. We can drop it at the right time. He said if it is a goal of the Council to get the path in this fall, we must go ahead with this tonight. He said we do have the opportunity to sit down with Norm and Burt and discuss a second appraisal. Council agreed. Town Manager Efting will schedule a meeting and a work session. Ordinances: Second Reading of Ordinance No. 00-07, Series of 2000, An Ordinance Authorizing the Execution and Delivery by the Town of a First Amendment to a Prior Lease Purchase and Sublease Agreement and an Official Statement; Approving the Assignment of the Town's 4D Town of Avon Regular Council Meeting July 11, 2000 Interest in a Contract to Purchase Real Property; Ratifying Action Previously Taken Concerning the Referenced Transactions; and Providing Other Matters Relating Thereto Mayor Yoder stated this is a public hearing. Finance Director Wright introduced Mr. David Bell of Hanifen, Imhoff, who explained the marketing of the bonds. Mr. Bell stated that a Master Lease was created for the eleven units at Sherwood Meadows and the public works facility. He stated that this is separate financing, but the collateral is similar. He stated that MBIA did insure the bonds. He stated that the bonds were marketed last week. Mr. Bell explained a handout (see Exhibit B). There being no further comments from the public, Mayor Yoder closed the public hearing. Councilor Benson motioned approval of Ordinance No. 00-07, Series of 2000. Councilor Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. • Ordinances: First Reading of Ordinance No. 00-08, Series of 2000, An Ordinance Amending Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices Community Development Director Mike Matzko stated that this ordinance makes changes to the fireplace regulations. The issues being the ability to construct a wood burning fireplace but install the gas logs. Our current regulations prohibit that. This proposed ordinance allows an unlimited number of this type of fireplace above the 7,820 foot level. It makes no changes with regard to any other type of fireplace. Councilor Curly asked if there were any penalties involved if a person took the fireplace and turned it into a wood burning fireplace. Town Attorney Levin stated that would be in violation of the building code and we could enforce it. Councilor Benson motioned approval of Ordinance No. 00-08, Series of 2000. Councilor McDevitt seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Town of Avon Regular Council Meeting July 11, 2000 Town Manager Report: Town Manager Efting thanked Staff for their hard work for the community picnic and the July 4`I' celebration. He estimated 900-1000 people at the picnic. Mr. Efting stated he will be gone Monday night and Tuesday morning. Mayor Report: Mayor Yoder thanked the Staff for their hard work on the July 4 h celebration and the picnic. She also reminded everyone there will be a town picnic next July. Other Business: Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge 11 Ms. Whitney Grundtisch approached the Council. Ms. Grundtisch stated that this was a misunderstanding about the transfer tax at the time of closing. She stated that she thought the paperwork was all done and that her realtor did not inform her that she had other business to deal with prior to the closing. She stated that she was called the day after closing and told to come to the town to take care of the transfer tax. Ms. Grundtish explained the events that took place. Mayor Yoder questioned if she paid the tax. Ms Grundtisch said she did not. Council questioned the document she signed indemnifying the title company of the transfer tax. Council discussed the responsibilities of the title companies. Councilor Buckley motioned to grant the appeal of the applicant. Councilor Benson seconded the motion. The motion carried unanimously. Consent Agenda: a.) Approval of the June 27, 2000 Council Meeting Minutes b.) Basketball Court Design Proposal c.) Resolution No. 00-33, Series of 2000, A Resolution Approving and Fixing the Particular Location of a Portion of the West Avon Bike and Pedestrian Trail Councilor Buckley motioned to approve the Consent Agenda. Councilor Benson seconded the motion. The motion carried unanimously. Town of Avon Regular Council Meeting July 11, 2000 There being no further business to come before the Council, Councilor Benson motioned to adjourn the meeting. Councilor Buckley seconded the motion. The motion carried unanimously and the meeting adjourned at 6:23 PM. RESPECTFULLY SUBMITTED: Kris Nash, Town Clerk APPROVED: Jim Benson Michael Brown Debbie Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder n Town of Avon Regular Council Meeting July 11, 2000 EXHIBIT A Issue: Countywide bike path /4 crl-- We received, on the 2& of June, a request for an easement that would place the bike path on or adjacent to our property. Our letter to the town council on June 22°d stated our concerns regarding the privacy, safety, security, and the noise and traffic that the bike path would bring into our neighborhood. We appreciate the opportunity the council has provided us to hear our concerns first hand. Today, and for the last 19 years, the people who live in our buildings F through J have enjoyed the tranquillity of their backyards. Today this part of our property is lawn that borders trees, an irrigation ditch, and the Eagle River. These buildings contain 11 units each. There are 55 families and their children that use and play in this area. The proposed alignment of the bike path will drastically change our neighborhood for the worst. Every person on the path will become a peeping Tom. Our children who play on the lawn will be in danger of being hit by a person on a bicycle. Bike paths are public thoroughfares that do not close at night. This path will provide easy and legal access for those who wish to do mischief. I asked public works if a survey had been done as to how many people would use the path. They said that to their knowledge no studies had been done. We believe that 20 to 50 people an hour would not be an exaggeration. This alone would create noise and commotion where none exists today. We understand that the path will be on or adjacent to our property. WQ. also understand that probably hundreds of people a day may be using this particular path. The challenge is how to minimize the adverse affects that this path will bring onto our community. Obviously, the further the path is located away from the buildings the less the intrusion. In our meetings with Miss Marten and Mr. wood, we asked why the path could not be located along the river or on the irrigation ditch. Miss Martens explained to us that there were environmental concerns as to the number of trees that would have to be cut down. And Miss Martens explained that it would be much more costly to put the path along the river or on the irrigation ditch. Miss Martens did not offer to us what the estimated price was for the construction of the path either in its proposed alignment or if it was built on the ditch or along the river. Miss Martens also told us of a rumor she had heard about the Arrowhead people abandoning the ditch. Miss Martens didn't think this would happen but didn't know for sure. Public Works has never shown us any plans or cost estimates that would align the path along the river or on the irrigation ditch. We do not believe enough effort has been put forth to find and cost another alignment. Because, this bike path will constitute a permanent intrusion into our neighborhood, the Town Council must balance the adverse affects that the proposed alignment will bring to the Sunridge Neighborhood against the cost of building the path along the river or on the location of the irrigation ditch. We are requesting that the Town Council table any further action on the path until the council can better balance the cost of constructing the path along the river or on the irrigation ditch with the safety, security, privacy, and tranquillity of this established neighborhood. Mr. Levin has told us that he will begin condemnation proceedings against the Sunridge Association on Friday, July 10. We received Mr. Levin's easement proposals on the 20d' of June. This has put a time burden on the board of directors of our Association. We are asking the Town Council to look into a new alignment to the path. If over our objections the town council stays with the currently proposed alignment, we then would want to discuss other alternatives to minimizing the adverse affects this path V has on our community. We have already spoken with Miss Martens and Mr. Wood about a privacy fence. We would want to see a higher and longer fence than has been offered in the easement proposals. The easement proposal does not state what materials would be used or who would be responsible for the maintenance of a fence. We also have problems with the appraisal. We know that the Town of Avon will pay for a second appraisal. We did not want to order a second appraisal, at the town's expense, until the town council rules on our request for a study of the alignment of the path. Once the Town Council rules on our request if needed we can immediately order a second appraisal and have our attorneys move on the easement proposals. Condemnation proceedings will cause both the town and our association legal fees that we in good faith can avoid. We ask the town council to table any motions for condemnation until first, the council rules on our request for further study as to the alignment of the path, second, we have a second appraisal done, and third we have an opportunity to negotiate an easement agreement. Do to the fact that we did not receive the easement agreements until the 2e of June, we believe condemnation proceedings at this time are premature. We thank the Mayor and Town Council for giving us the opportunity to present our concerns and requests. 11 EXHIBIT B SOURCES AND USES OF FGtiDS ` Town of Aeon. Colorado Certificates of Participation, Series 2000 Dated Date 08/01/2000 Delivery Date 08/21/2000 Sources: Bond Proceeds: Par Amount 2,345,000.00 Accrued Interest 6,867.92 Original Issue Discount -7,833.15 2,344,034.77 Uses: Project Fund Deposits: Project Construction Fund 1,978,082.1 1 Other Fund Deposits: Debt Service Reserve Fund 201.257.50 Accrued Interest 6.867.92 Delivm Date Expenses: 208.125.42 E Cost of Issuance 78.500.00 Under %-riter's Discount 21,105.00 Bond Insurance 54.000.00 153.605.00 Other l'ses of Funds: Addit;oral Proceeds 4.222.24 2,344.034.77 LJ Jul 6, 2000 11:00 am pared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HOU) Page 1 ® BOND DEBT SERVICE Town of Avon, Colorado Certificates of Participation, Series 2000 E v Period Ending Principal Coupon Interest Debt Service Annual Debt Service 0& 211,2000 12,01/2000 41,207.50 41,207.50 41,207.50 06/012001 61,811.25 61,811.25 1101/2001 70,000 4.450% 61,811.25 131,811.25 193,622.50 06'01/2002 60,253.75 60,253.75 12'012002 75,000 4.650% 60,253.75 135,253.75 195,507.50 06101/2003 58,510.00 58,510.00 1-1j"0 1/2003 75,000 4.750% 58,510.00 133,510.00 192,020.00 06/012004 56,728.75 56,728.75 12/01!2004 80,000 4.750% 56,728.75 136,728.75 193,457.50 06/012005 54,828.75 54,828.75 12/012005 85,000 4.800%.. 54,828.75 139,828.75 194,657.50 06/012006 52,788.75 52,788.75 l2.Oli2O06 90,000 4.800% 52,788.75 142,788.75 195,577.50 06;01/2007 50,628.75 50,628.75 12'01/2007 100,000 4.900% 50,628.75 150,628.75 201,257.50 06;012008 48.178.75 48,178.75 12'01/2008 100.000 5.000% 48.178.75 148,178.75 196.357.50 06.01:2009 45,678.75 45.678.75 12. 0 1;2009 100.000 5.000% 45,678.75 145,678.75 191.357.50 061 01/2010 43,178.75 43,178.75 12.,01/2010 110.000 5.000% 43,178.75 153,178.75 196,357.50 06'01/2011 40,428.75 40,428.75 12.01/2011 115,000 5.100% 40,428.75 155,428.75 195.857.50 0601/2012 37,496.25 37,496.25 1201;2012 125.000 5.200% 37.496.25 162,496.25 199.992.50 0601 ,2013 34.246.25 34.246.25 12.01'2013 125.000 5.300% 34.246 25 159,246 25 193.492.50 06-01'2014 30,933.75 30,933.75 1201.2014 130.000 5.650% 30.933.75 160.933.75 191.867.50 06.01:2015 27.261.25 27,261.25 1201;2015 110.000 5.650% 27.261.25 167,261.25 194,522.50 0601/2016 23,306.25 23,306.25 12101/2016 145,000 5.650% 23,306.25 168,306.25 191.612.50 06/01 /2017 19,210.00 19,210.00 12101/2017 155,000 5.650% 19,210.00 174,210.00 193,420.00 06/0112018 14,831.25 14,831.25 12/01/2018 165.000 5.650% 14.831.25 179,831.25 194,662.50 06101 /2019 10.170.00 10,170.00 12/01/2019 175,000 5.650% 10,170.00 185,170.00 195,340.00 06/01/2020 5,226.25 5,226.25 1101i2020 185,000 5.650% 5,226.25 190,226.25 195,452.50 2,345,000 1,592,600.00 3,937,600.00 3,937,600.00 Jul 6, 2000 11 :00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HO J) Page 2 Y BOND PRICING Town of Avon, Colorado Certificates of Participation, Series 2000 Maturity Bond Component Date Amount Rate Yield Price Serial Bonds: 12101/2001 70,000 4.450% 4.450% 100.000 12/01/2002 75,000 4.650% 4.650% 100.000 12/01/2003 75,000 4.750% 4.750% 100.000 12/01/2004 80,000 4.750% 4.780% 99.878 12/01/2005 85,000 4.800°/. 4.830% 99.854 12/01/2006 90,000 4.800°/. 4.860% 99.671 12/01/2007 100,000 4.900% 4.930% 99.811 12/01/2008 100,000 5.000% 5.000% 100.000 12/01/2009 100,000 5.000°/. 5.040% 99.698 12/01/2010 110,000 5.000% 5.080% 99.357 12/01/2011 115,000 5.100°/. 5.180°/. 99.315 12/01/2012 125,000 5.200% 5.250% 99.543 12/01/2013 125,000 5.300% 5.360% 99.426 1,250,000 Term Bond Due 2020: 12/01/2020 1,095,000 5.650% 5.680% 99.631 2.345,000 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 08/01/2000 08/21/2000 12/01/2000 2.345,000.00 -7.833.15 2,337,166.85 99.665964% -21.105.00 -0.900000% 2,316.061.85 98.765964% 6,867.92 2,322,929.77 E C Jul 6, 2000 11 :00 am Prepared by Hani fen, Imhoff ( 4.300 SWestoo:AVON-2000HOU) Page 3 BOND SUNIMARY STATISTICS Town of Avon, Colorado Certificates of Participation, Series 2000 Dated Date 08/01/2000 Deliverv Date 08/21/2000 First Coupon 12/01/2000 Last Maturity 12/01/2020 Arbitrage Yield 5.724027% True Interest Cost (TIC) 5.834221% Net Interest Cost (NIC) 5.539617% All-1n TIC 6.257911% Average Coupon 5.440756% Average Life (years) 12.427 Duration of Issue (years) 8.427 Par Amount 2,345,000.00 Bond Proceeds 2,344,034.77 Total Interest 1,592,600.00 Net Interest 1,621,538.15 Total Debt Service 3,937,600.00 Maximum Annual Debt Service 201,257.50 Average Annual Debt Service 193.844.32 Underwriters Fees (per $1000) Average Takedown Other Fee 9.000000 Total Underwriter's Discount 9.000000 Bid Price 98.765964 Par Average Average Bond Component Value Price Coupon Life Serial Bonds 1,250,000.00 99.697 5.040% 7.974 Term Bond Due 2020 1,095,000.00 99.631 5.650% 17.511 2,345,000.00 12.427 0 Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HOU) Page 4 BOND SUMN ARY STATISTICS Town of Avon, Colorado Certificates of Participation, Series 2000 All-in Arbitrage TIC TIC Yield Par Value 2.345,000.00 2,345,000.00 2,345,000.00 + Accrued Interest 6,867.92 6,867.92 6,867.92 + Premium (Discotmt) -7,833.15 -7,833.15 -7,833.15 - Underwrite.'s Discount -21,105.00 -21,105.00 - Cost of Lssuance Expense -78,500.00 - Other Amounts -54,000.00 -54,000.00 -54,000.00 Target Value 2,268,929.77 2,190,429.77 2,290,034.77 Target Date 08/21/2000 08/21/2000 08/21/2000 Yield 5.834221% 6.257911% 5.724027% C7 r LJ Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HOL) Page 5 NET DEBT SERVICE ® Town of Avon, Colorado Certificates of Participation, Seri es 2000 Period Total General Debt Service Net Ending Debt Service Fund Reserve Fund Debt Service 12101/2000 41.207.50 6,867.92 3,200.01 31,139.57 12/01/2001 193,622.50 11,520.04 182,102.46 12/01/2002 195,507.50 11,520.04 183,987.46 12/01/2003 192,020.00 11,520.04 180,499.96 12/01/2004 193,457.50 11,520.04 181,937.46 12101/2005 194,657.50 11,520.04 183,137.46 12/0112006 195,577.50 11,520.04 184,057.46 12/01/2007 201,257.50 11,520.04 189,737.46 12/01/2008 196,357.50 11,520.04 184,837.46 12/01/2009 191,357.50 11,520.04 179,837.46 12/01/2010 196,357.50 11,520.04 184,837.46 12/01/2011 195,857.50 11,520.04 184,337.46 12/01/2012 199,992.50 11,520.04 188,472.46 12Y01/2013 193,492.50 11,520.04 181,972.46 12101/2014 191,867.50 11,520.04 180,347.46 12/01/2015 194,522.50 11,520.04 183,002.46 12/01/2016 191,612.50 11,520.04 180,092.46 12/01/2017 193,420.00 11,520.04 181,899.96 12:01 /2018 194.662.50 11, 520.04 183,142.46 1:1.01/2019 195.340.00 11,520.04 183.819.96 12/01/2020 195,452.50 212,777.54 -17.325.04 3.937,600.00 6,867.92 434,858.31 3,495,873.77 Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HO1J) Page 6 I I 6P' 11 C O L O R A D O FINANCIAL MATTERS July 25, 2000 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes-2000 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Post Office Box 975 Benchmark Road i. Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:7/5/00 Pagel of 1 For: June, 2000 Permit Purpose: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 13 Construction Value: $268,256.16 # of Bldgs: # of Units: Permit Charges: $18,392.50 Permit Purpose: Build Multi-Unit Housing Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $1,098,081.56 # of Bldgs: 1 # of Units: 4 Permit Charges: $11,974.77 Permit Purpose: New SF Residence Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $509,711.32 # of Bldgs: 1 # of Units: 1 Permit Charges: $6,610.22 Permit Purpose: Repair/Remodel Comm/Indust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $10,034.72 # of Bldgs: # of Units: Permit Charges: $366.30 Totals: Public: C onstruction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 16 Construction Value: $1,886,083.76 # of Bldgs:2 # of Units: 5 Permit Charges: $37,343.79 1 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Amount of RETT Name Property Received $728,228.87 Spillane Lakeside Terrace Timeshares 200.00 Reutzel Lakeside Terrace Timeshares $200.00 P.O.C Realty Inc Christie Lodge Timeshares $3,073.00 Gustafson Bridgewater Terrace #A2 3,904.10 P.O.C. Realty Inc Lakeside Terrace Timeshares 2,369.60 Vistana Lakeside Terrace Timeshares 1,609.90 P.O.C. Realty Inc Lakeside Terrace Timeshares 6,178.20 P.O.C. Realty Inc Lakeside Terrace Timeshares 3,100.30 P.O.C. Realty Inc Lakeside Terrace Timeshares 489.90 Aptic Service Center Lakeside Terrace Timeshares 3,492.91 Carroll Canyon Run #303 3,340.00 Reger Mountain Star Lot 63 12,500.00 ECS Construction Lot 18 Blk 3 WR 4,940.00 Hebert Lot 28 Blk 4 WR 9,800.00 Chicoine Vail Avon Commercial Pk 3,570.00 Baker Benchmark #A4 1,040.00 P.O.C. Realty Inc Christie Lodge Timeshares 2,658.60 Highland Rental Property Snowberry Townhomes #46D 4,950.00 Highland Rental Property Snowberry Townhomes #46C 4,950.00 Highland Rental Property Snowberry Townhomes #46A 4,950.00 Highland Rental Property Snowbeny Townhomes #46B 4,950.00 P.O.C. Realty Inc Christie Lodge Timeshares 180.00 1 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Amount of RETT Name Property Received Eagle County Title Falcon Pointe Timeshares 92.00 Hawken Brookside #201 9,700.00 Ford Brookside #204 10,590.00 Meller Lot 80 Blk 1 WR 5,940.00 Huttner Lot 26 Bik 2 WR 11,600.00 Mcneill Lot 43 Blk 1 WR $9,340.00 P.O.C. Realty Inc Lakeside Terrace Timeshares $979.90 P.O.C. Realty Inc Lakeside Terrace Timeshares $629.80 Miller Seasons #409 $4,370.00 Miller Lot 79 Bik 1 WR $3,000.00 Land Title Guarantee Co Falcon Pointe Timeshares $469.80 Dantas Lot 69 Blk 1 WR $3,500.00 Hoff/Burris Lot 33 Blk 2 BMBC 7,290.00 Land Title Guarantee Co Falcon Pointe Timeshares 570.00 Ferguson Mountain Star Lot 87 19,700.00 P.O.C. Realty Inc Lakeside Terrace Timeshares 3,739.20 Wilson Lot 66 Blk 3 WR 12,800.00 P.O.C. Realty Inc Christie Lodge Timeshares 2,462.30 P.O.C. Realty Inc Christie Lodge Timeshares 1,497.70 P.O.C. Realty Inc Chrisitie Lodge Timeshares 2,569.10 P.O.C. Realty Inc Christie Lodge Timeshares 995.30 P.O.C. Realty Inc Lakeside Tern-ace Timeshares 260.00 Miller Lot 74B Blk 1 4,300.00 I 2 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Name Property Amount of RETT Received Schneider Lot 56 Blk 4 WR 4,350.00 Bradent Lot 18 Blk 1 WR 2,800.00 P.O.C. Realty Inc Lakeside Terrace Timeshares 1,457.24 P.O.C. Realty Inc Lakeside Terrace Timeshares 710.36 Dike Lot 51 B Blk 1 BMBC 4,800.00 Pomper Avon Lake Villas #5 4,460.00 O'Hern Avon Crossing #4304 1,150.00 Total Through June $946,798.08 • .7 3 TOWN OF AVON SALES TAX BY MONTH 1996 95'-96'% 1997 96'-97'% 1998 97'-98'% 1999 98'-99'% 2000 991-0010/0 Total 5- Change Change Change Change Change % Increase January 332,198,39 6.07% 377,597.32 13.67% 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -0.55% 8.29% February 327,012.10 10.25% 362,516.58 10.86% 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 21.49% March 407,980.62 9.10% 468,675.51 14.88% 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 12.03% April 252,927.51 11.46% 265,356.48 4.91% 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 33.27% May 222,069.74 10.58% 241,012.56 8.53% 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 28.87% June 298,113.41 11.31% 313,116.79 5.03% 337,562.03 7.81% 395,755.68 17.24% - -100.00% -100.00% July 335,119.67 1715% 353,101.99 5.37% 370,086.73 4.81% 395,954.38 6.99% -100.00% -100.00% August 324,451.49 13.80% 338,134.48 4.22% 363,110.96 7.39% 366,648.94 0.97% -100.00% -100.00% September 302,523.86 12.68% 319,410.91 5.58% 333,508.38 4.41% 364,432.54 9.27% -100.00% -100.00% October 266,050.77 19.56% 263,685.99 -0.89% 305,035.11 15.68% 295,541.62 -3.11% -100.00% -100.00% November 285,178.12 9.28% 339,200.41 18.94% 335,07159 -1.22% 320,335.28 -4.40% -100.00% -100.00% December 509,177.82 14.39% 533,904.08 4.86% 550,077.22 3.03% 564,813.35 2.68% -100.00% -100.00% YTD Total 3,862,803.50 12.04% 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 1,837,346.20 0.65% -29.06% YTD Through May Collections 1996-2000 1,850,000.00 1,800,000.00 1,750,000.00 1,700,000.00 1,650,000.00 1,600,000.00 1,550,000.00 1,500,000.00 1,450, 000.00 1,400,000.00 1,350,000.00 Year Monthly Collections for May 1996-2000 300,000.00 I 250,000.00 I 200,000.00 150 000 00 . , r 100,000.00 s k J "` yy ' 50,000.00 t A , ? i7, 996 1 1 1997 1998 1999 2000 l 1996 1997 1998 1999 2000 k R TOWN OF AVON ACCOMODATIONS TAX BY MONTH 1996 95'-96'% 1997 96'-97% 1998 97'-98% 1999 981-99% 2000 Change Change Change Change January 37,787.01 -6.65% 39,958.27 515% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 February 42,386.61 10.86% 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 March 55,882.23 5.26% 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 April 11,890,97 8.18% 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 May 6,70317 23.14% 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 June 12,633.34 -1.61% 13,982.39 10.68% 12,609.03 -9.82% 14,958.28 18.63% - July 19,949.49 18.21% 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% August 20,391.40 32.67% 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% - September 13,093.39 -2.35% 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% October 10,832.98 13.95% 8,819.05 -18.59% 8,31536 -5,71% 7,258.16 -12.72% November 12,824.84 -12.55% 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% December 33,623.20 6.25% 40,000.05 18.97% 32,602.89 -18.49% 25,606.29 -21.46% YTD Total 277,999.23 5.88% 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 115,176.22 99'-00% Total5-Yr Change % Increase -3978% 1.54% -13.05% 3.27% 0.87% -20.86% -12.43% 5.61% -6.62% 12.37% -100.00% 16.50% -100.00% 25.14% -100.00% 7.05% -100.00% -23.18% -100.00% -23.65% -100.00% -46.20% -100.00% -19.09% -16.44% -8.05% YTD Through May Collections 1996-2000 180,000.00 160,000.00 140,000.00 120,000.00 - 100,000.00 - 80,000.00 - 60,000.00 - 40,000.00 - 20,000.00 - Monthly Collections for May 1996-2000 9,000.00 8,000.00 7,000.00 6,ooa.00 5,000.00 4,000.00 3,000.00 2,000.00 1,000.00 1996 1997 1998 1999 2000 Year 1996 1997 1998 1999 2000 {9 ; 1 r iAE.. IYJ1V? ?- o TO: Hon. Mayor and Council Members FROM: Burt Levin CC: Bill Efting RE: Resolution concerning November 7, 2000 election DATE: 07/17/00 The November 7, 2000 general election will be coordinated by the Eagle County Clerk (Sara K. Fisher). Ms. Fisher will be presenting us with a draft of an Intergovernmental Agreement between the Town and the County at least 60 days before the election, as required by § 1-7-116(2), which provides: (2) The political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder for the county or counties in which the political subdivision is located concerning the conduct of the coordinated election. The agreement shall be signed no later than sixty days prior to the scheduled election. The agreement shall include but not be limited to the following: (a) Allocation of the responsibilities between the county clerk and recorder and the political subdivisions for the preparation and conduct of the coordinated election; and (b) Provision for a reasonable sharing of the actual cost of the coordinated election among the county and the political subdivisions. For such purpose, political subdivisions are not responsible for sharing any portion of the usual costs of maintaining the office of the county clerk and recorder, including but not limited to overhead costs and personal services costs of permanent employees, except for such costs that are shown to be directly attributable to conducting coordinated elections on behalf of political subdivisions. The attached resolution authorizing the Town to participate in the coordinated election run by the Ms. Fisher satisfies another section of the Election Code, § 1-7-116(5) C.R.S., which provides: (5) If, by one hundred days before the election, a political subdivision has taken formal action to participate in a general election or other election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder. "54 ki,,i OWTIOIV SERIES OF 2000 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN THE COORDINATED ELECTION OF NOVEMBER 7, 2000 WHEREAS, § 1-7-116(5), C.R.S. provides that "If, by one hundred days before the election, a political subdivision has taken formal action to participate in a general election or other election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder." WHEREAS, the Town of Avon wishes to take this formal action to participate in the coordinated general election of November 7, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon hereby takes this formal action to participate in the coordinated general election of November 7, 2000. ADOPTED this - day of , 2000. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 1 r i" Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ?i From: Norm Wood, Town Engineer ' Anne Martens, Engineer Date: 7/20/00 Re: 2000 Street Repair and Improvements Change Order Number One - Adjustment for Final Quantities Summary: B & B, Excavation, Inc. has completed all work included in the Contract for the 2000 Street Repair and Improvements. Change Order Number One adjusts the Contract Amount to conform to the actual quantities of work completed with the project. The net effect of this Change Order is to increase the Total Contract amount by $13,425.59 from ® $67,200.00 to $80,625.59. This increase is within the current Street Repair and Improvements Project Budget of $90,000.00. Discussion: Work in the 2000 Street Repair and Improvements Contract with corresponding Contract Amounts and changes per Change Order Number One, are as summarized as follows: CO Number One - This change order is for actual quantities for the 2000 Street Repair and Improvements. Actual increased quantities included; additional asphalt, additional traffic control, road base for the shoulders and adjustments to manholes. The net impact of the changes is to Increase the Contract Amount by $13,425.59 from $67,200.00 to $80,625.59. This increase is within the Capitol Improvement Budget. Attached is a detail of quantities changed. Financial Implications: This Change Order increases the Total Contract amount by $13,425.59 from $67,200.00 to $80,625.59. All of the work is within the original budgeted amount of $90,000.00 for Street Repair and Improvements. Recommendations: It is recommended that Change Order Number One, to Contract for 2000 Street Repair and Improvements with B & B Excavating, Inc. be approved, increasing the Contract Amount by $13,425.59 from $67,200.00 to $80,625.59. Town Manager Comments: ?0 C:\Documents\Street Improvements 98\CO #1.Doc CHANGE ORDER 1 Order No.: 1 Date: 7/20/00 Agreement Date: 3/3 1/00 NAME OF PROJECT: Town of Avon, 2000 Street Repair and Improvements OWNER: Town of Avon CONTRACTOR: B & B , Excavating, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Additional Paving in Wildridge Change to CONTRACT PRICE: Original CONTRACT PRICE: $13,425.59 $67,200.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $67,200.00. The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(deez ease by $13,425.59. The new CONTRACT PRICE including this CHANGE ORDER will be $80,625.59. Change to CONTRACT TDAE: The CONTRACT TIME will be (increased)(deer-eased) by 0 calendar days. The date for completion of all work will be September 4, 2000 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 U B & B EXCAVATING, INC. CONTRACTOR APPLICATION FOR PAYMENT DETAIL SHEET Owner.. ; .awn of Avon Date : June 30, 2000 Contract Dated : 06/12/2000 Project': 2-000 Street Repairs & Improvements Application No. Ol Engin(~' : Town Engineer B&B Project No. 3299.20 Attn : Anne Cost Item Est. Unit Contract PREV PAY REQ. THIS PERIOD TOTAL TO DATE Code Description Qty. Unit Price Value QTY. AMOUNT QTY. AMOUNT QTY. AMOUNT AREA I 1 Mobilization 1 LS 2800- 2800.00. 100% 2800.00 100% 2800.00 2 Traffic Control 1 LS 2400 2400.00 100% 2400.00 100% 2400.00 3 HBP - SX 1520 TON 37.5 57000.00 1520 57000.00 1520 57000.00- 4 Manhole Adjustments 10 EA 90 900.00 10 900.00 10 900.00 .5 ~s valve Box Adjustment 1 EA 65 65.00 1 65 00 1 65 00 Shoulder Reconditioning 8070 LF 0.5 4035.00 8070 . 4035.00 8070 . 4035 00 ~ SUBTOTAL 67200.00 0.00 67200.00 . 67200.00 Change Orders / Extra Work #2 Traffic Control overrun 528.71 528.71 528.71 t,. A3 HBP • overrun 334.85 TON 37.5 12556.88 334.85 12556.88 334.85 12556.88 44 Manhole • overrun 3 EA 90 270.00 3 270.00 3 270.00 " Shoulder - overrun 140 LF 0.5 70.00 140 70.00 140 70.00 TOTAL _ 80625.59 0.00 80625.59 80625.59 b• y ..f Z f a. 1 _ Ilk' t t + o-. q 9*? fir' ° ?.,' ,c?Ft ???, T = .?? ? t .a qq??' I{?gy'?y$ ] t Fri To: Honorable Mayor and Town Council -Z ?__ Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer7?_? Date: July 18, 2000 Re: Storm Drainage Improvements Design Services Proposal Summary: We received four proposals for engineering design services in response to the attached Request for Proposals for Storm Drainage Improvements / Design Services dated July 5, 2000. All proposals received were in general conformance with the Request for Proposals and the fee portion of the Proposals are summarized as follows: Sear-Brown (Estimated) $ 24,600 Benchmark Engineering Services (Fixed Fee) $ 25,960 Inter-Mountain Engineering, Ltd. (Not to Exceed) $ 27,580 Marcin Engineering, LLC (Estimated) $ 38,366 Complete copies of these Proposals are available in the Town Clerk's Office for those that are interested in reviewing them. All Proposals are in general conformance with the Request for Proposals. The primary difference in the proposals seems to be the experience and capabilities of the proposed design teams and basic familiarity of the teams with existing conditions and expectations. The level of detail and clarity of the services to be provided also varied between the Proposals. I have attempted to rate the various proposals, proposed design team qualifications and proposed services separate from the fee proposals. Based on this evaluation, the Proposal from Inter-Mountain Engineering was rated significantly higher than the others primarily due to the relative strength of the Design Team and knowledge of the local conditions. Sear-Brown submitted the second rated proposal, which was rated highest on firm and design team strength, but lowest on knowledge of local conditions and local coordination through the design process. A summary of this evaluation is attached. I:\Fngtneamg\cIPStmm ter\Z.2Engtt cermg\Reoonmu nation Memo-Doc X1°;1- - r.,6 37, ?. . g I, .? r f3 fF ? r? It i A ; $ u; . t4 ?y s.1`t11at the Project budget was $2 5r; - 5..?iseently, if is n(yt i All' Finns were G surprising that three of the four proposals are very close to this aih'ount. Consequently, ?A believe that fee should not be a major consideration in selection of a firm for this work. We believe the selection should be based on the strongest proposal considering all factors including the best combination of firm and team strength, proposal strength and clarity, and knowledge of local conditions and coordination. Based on this analysis, the recommendation is approval of the Proposal submitted by Inter- Mountain Engineering, Ltd., for Storm Drainage Improvements / Design Services for a Fee Not to Exceed $ 27,580.00. Financial Implications: The $ 25,000 Budget for this Project is included in the Water Fund under Preliminary Design line item. Other line item expenses in the Water Fund Budget can be reduced to cover the $2,780 additional cost without a Budget Amendment. Recommendations: Approve the Proposal submitted by Inter-Mountain Engineering, Ltd. in response to the Town's Request for Proposals, dated July 5, 2000, for Storm Drainage Improvements / Design Services with a Base Services Fee not to exceed $ 27,580. Town Manager Comments: I:Engmeming\CUI\&o nnvater\2.2Fnginewmg\Reoomm®dabon Mom-Dm 2 PROPOSAL E.,,LUATION STORM DRAINAGE IMPROVEMENTS / DESIGN SERVICES Received 3:00 PM, July 17, 2000 Sear - Brown Group Marcin Engineering Inter-Mountain Eng. Check List (0-1) A. Organization 1 1 1 B. References 1 1 1 C. Project History 1 1 1 D. Personnel Summary 1 1 1 E. Work Product 1 1 1 F. Separate Cost Proposal 1 1 1 G. EEO Compliance 1 1 1 H. Applicable Services Offered 1 1 1 1. Otherwise Qualified 1 1 1 Organization (1 - 4) A. Strength 4 2 3 B. Qualifications 4 2 3 C. Local Knowledge 1 3 4 Scope of Services (1 - 4) A. All Engineering & Design Services 2 1 4 B. Supplemental Surveying 2 1 3 C. Review & Presentation - Existing Conditions 2 1 4 D. Identify Required Permits 3 2 4 E. Preliminary Cost Estimates / Phase 3 1 4 F. Existing & Potential Regulations 3 2 4 G. Potential Funding Sources 3 2 4 H. Phased Proposal 3 1 4 Total Rating Points 39 27 s0 Cost of Services $ 24,600 $ 38,366 $ 27,680 Note: Estimated Fee Estimated Fee Not to Exceed RFP Eval-1.xls • is y~.}~.. , xL.' ~ Benchmar#c Fng. ° mow- ar, p3ky.>. v ~ Ir A 4. 4 1 4 1 la'i 1 2 Fixezl rei:. S ;Rsr ¢ t 114 P T ' "Y ..4 AS'k' :Q PROJECT: Storm Drainage Improvements / Design Services CLIENT: Town of Avon c/o Norman Wood, Town Engineer P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 DATE: July 5, 2000 PART ONE: INFORMATION FOR PROPOSERS 1.01 SUBMISSION OF PROPOSAL Proposals will be received until 3:00 PM, Local Time, July 17, 2000 at: Town of Avon Public Works Office Attn: Norm Wood, Town Engineer PO Box 975 500 Swift Gulch Road Avon, CO 81620 Proposals must be sealed and labeled "Proposals - Storm Drainage Improvements - Design Services". Ten copies of the proposal are required. Any proposal not received at the Public Works Office prior to the time set in this request shall be disqualified. 1.02 OPENING OF PROPOSALS AND SELECTION Proposals will be opened and evaluated by the Town after the final date set for receipt. The Town may require selected proposers considered for award to make oral presentation to the Avon Town Council. The successful proposer (also referred to herein as Contractor) will explore options with the Town, that will identify potential erosion and stormwater control problems along portions of Metcalf and Buck Creek drainage ways and develop a prioritized improvement plan and cost estimate to correct identified problems. The areas to be evaluated include the Metcalf Drainage Way from intersection of Metcalf and Wildwood Road to the Eagle River and the Buck Creek Drainage Way from the south side of Interstate-70 to the Eagle River. The final products to be delivered to the Town will include a report evaluating existing stormwater flow and erosion conditions, recommendations for correcting identified problem areas, a prioritized list of I:\Engineering\CI P\Stormwater\2.2Engineedng\RFP-Design.doc 1 CN " Sf 3 y _ y 7 ? v recom-nendeP iri-rovement,, prel nliTlary puns apd`?,ost estimates to implement c1 recommended improvements and' pc l chtial sources of fund8 to construct 'im?ro? Ements. Proposal shall be based upon utilization of Town of Avon Master Drainage Study, September 1994, prepared by Inter-Mountain Engineering, Ltd. for base information. Proposal shall include any supplement mapping required to complete report and preliminary plans and cost estimates. It is anticipated that the report, preliminary plans and cost estimates will be used to develop project budgets and final designs for construction of phased projects implementing the recommended improvements. 1.03 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. 1.04 ACCEPTANCE OF PROPOSAUPROPOSED TIMETABLE Within sixty (60) 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, costs for services, the Proposer's 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 Proposer's officelservice location). Tentative Proposal and Project Timetable RFP Issue Date July 5, 2000 Pre-Proposal Meeting - Avon Municipal Building -1:30 PM July 10, 2000 Proposals Due by 3:00 PM July 17, 2000 Town Council Awards Contract for Design Services July 25, 2000 Supplemental Mapping & Field Evaluation Complete August 31, 2000 Evaluation & Recommendations Summary Complete September 15, 2000 Town Council Review - Evaluation & Recommendations September 26, 2000 Public Presentation - Evaluation & Recommendations October 12, 2000 Final Report, Preliminary Design & Cost Estimates Complete November 3, 2000 Town Council Review - Final Report November 14, 2000 1:\Engineering\C I P\Stormwater\2.2Engineering\R FP-Design.doc 2 RY ?,j ? C ,? ?f ?'? :?? ? j x. << ?i / t a h, ?r .1 t, r _, rF 1 ? s i, I 'y g r ?I r .. I&6 ?JST STATED f IiICURF . V 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. 1.06 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. 1.07 CONTRACT DOCUMENTS The contract shall consist of the contract instrument as negotiated and this Request for Proposal and Proposer shall be governed by the terms of this Request for Proposal as fully as if those terms were expressly set forth in the contract instrument. 1.08 LIMITATIONS ON CONTRACT TYPE The Town will not accept proposals for the purchase of service based upon a cost plus percentage of cost formula. Lump sums and cost. plus fixed fee not to exceed are allowed. This rule will not be waived. 1.09 INFORMATION TO BE SUBMITTED Failure to submit any required data item may be cause for rejection. Proposers may submit such other data as they deem appropriate, however, voluminous or overly elaborate proposals are discouraged. PROPOSAL INFORMATION SHALL INCLUDE: A. ORGANIZATION DESCRIPTION Provide a short resume of the organization. Include types of similar services/products performed/provided by the firm. B. REFERENCES Provide a list of references and phone numbers that may be contacted regarding firm performance. I:\Engineering\Cf P\Stormwater\2.2Engineering\R FP-Design.doc • - ?l 5 A4 a v 4= i , ? Ul? M" ` b PROJEC VISTOR'Y ?' v l . Provide a description of experience your firm has had with projects similar to the one described herein. Include contact person name and phone number, other than members of your firm that can be contacted regarding this project. D. ORGANIZATION PROFILE Provide a personnel summary of those individuals you would expect to be assisting during this project, and the percentage of project for which each will be responsible. E. STATEMENT OF WORK AND PRODUCT An outline delineating the specific tasks to be performed indicating what will be done, in what sequence, and by whom. The statement of work should include a schedule which indicates how long each task will require, and when client meetings will be held. Provide a clear statement of the final product. F. LIST OF SERVICE COSTS The firms shall provide a current rate schedule for all those elements that will be involved in this project. These rates shall remain in effect fbr the duration of this project. The cost proposal must be sealed and separately labeled from the rest of the proposal, and include costs on completion of the project, including professional fees, subconsultants, reimbursable and all other costs incidental to the project. 1.10 STANDARDS AND EVALUATION FACTORS FOR AWARD A contract will be awarded only to responsible prospective proposer. In order to qualify, a proposer must meet the following standards as they relate to this Request for Proposal. Have an established record of performance in: A. Involvement Process This design is expected to include input from the General Public, Town Staff, the Planning and Zoning Commission and the Town Council. B. Design and Cost Estimating 1. Municipal, street, utilities and drainage design 2. Construction cost estimating. Construction plans, specifications, contract documents and bid forms. I:\Engineering\CI P\Stormwater\2.2Engineering\R F P-Design.doc 4 earl v f3 a "YA ' 4. Constructinontract admtnistratA?' ? ? 41 C. Be an equal opportunity employer. f ? 9.. 1 } ? ? j gyyp V D. Offer registered professional services directly applicable to the scope of work required in this RFP. E. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. The Town intends to negotiate a contract with the Proposer whose firm, qualifications, approach and proposed cost instill the highest confidence level. PART TWO: GENERAL INFORMATION 2.01 SCOPE OF WORK The work to be performed under this contract consists of the furnishing of all labor, equipment, materials, expertise, tools, supplies, insurance, and providing all engineering and related design services for evaluation of existing conditions and data, development of a report summarizing evaluation and development of recommendations for phased improvements complete with preliminary designs',and cost estimates, through a public input process, for the Town of Avon Stormwater ! Erosion Control Project. 2.02 DUTIES OF PROPOSER Proposer shall diligently undertake and perform all work required by the contract. Proposer 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 contractors in the field. 2.03 OBTAINING DATA It shall be the Proposer'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 Proposer's activity, available to Proposer upon request. Requests shall specify the type of information sought, and the period for which the data is required; however, the Proposer may not require Town to seek reports from other agencies or to prepare original research. It shall be the Proposer'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. Proposer shall be solely responsible for any conclusions drawn from the data. i:\Engineering\C I P\Stormwater\2.2Engineering\RFP-Design.doc 5 r? a NIP 3 r dr-;f 9 L 141 a YA, 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 Proposer 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 Proposer'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 CARE OF PUBLIC AND PRIVATE PROPERTY Proposer shall obtain any permission required prior to entering upon private property to perform any task required. In the event Proposer is denied access to private property, Proposer 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 Proposer in gaining any required access. Proposer 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. Proposer 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 Proposer's interference. 2.06 PAYMENTS Proposer 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. 2.07 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate this contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to Proposer 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, Proposer shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, Proposer 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 i:\Engineering\CI P\Stormwater\2.2Engineering\RFP-Design.doc 6 9 ?' a l l : i 1 {-. fit, . R ? (11y (8 , Aw?A ? , ?, t 31 r i ?s ' 9 a ? d * s I r r F c , t )C a P 2+w.o i'Y? 13 ; ?=1>131t??. t. #ti ?.'$? <a??? ?11• ' " ' , shalllhe am ount allow A aut?io e change act price p u ed exceed the maximum c6fi orders. 2.08 TERMINATION FOR DEFAULT Upon failure of the Proposer to make satisfactory progress or failure to abide by the terms of the contract the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Proposer at its address upon the records of the Town. Notice shall be effective when mailed. Upon receipt of notice, Proposer shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another contractor to do so and charge the excess cost thereof to Proposer. 2.09 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. 2.10 ASSIGNMENT OF CONTRACT Proposer shall not assign this contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.11 SUBCONTRACTORS Specialty subcontractors or subconsultants may be used to perform such work as is customary in Proposer's profession; however, reports required shall be presented by the Proposer who shall be liable for any faulty data, errors or omissions contained therein. 2.12 PROPOSER'S REPRESENTATIVE Proposer shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Proposer upon all matters pertaining to this agreement. Proposer'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. I:\Engineering\C I P\Stormwater\2.2Engineering\R F P-Design. doc 7 u , r ; } , F fl ?t = ' r i i 6"f-.i rt 1 , W duly 6F- F !r ato , °? ? ? 51 ?? T F' k ? , m t r :fi A. In addition to such other insurance that may be required under this contract, the Proposer shall provide adequate Workmen's Compensation Insurance for all employees employed under this contract on this project who may come within the protection of workmen's compensation law; and shall provide, where practicable, employer's general liability insurance for the benefit of his employees not protected by such compensation laws, and proof of such insurance shall be given to the Town. B. The Proposer will be charged with the responsibility for proper and adequate workman's compensation coverage for all his subcontract operations and in the event Proposer's insurance does not cover each and every subcontractor, certificates of insurance issued on policies by companies that may be acceptable to the Town covering each and every subcontractor shall be filed with the Town prior to the commencement of such subcontract operations. C. Public Liability & Property Damage Insurance: The Proposer shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them: Insurance shall be in the minimum amounts required by the State of Colorado and local applicable authority. 2.14 EEO PROVISIONS The Proposer 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 Proposer shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.15 TIlVIE OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this contract 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. 1:\E ngineering\C I P\Stormwater\2.2E ngineering\R F P-Design. doc 8 ' 1 1 ? 111 4' 1 R, t n ,t ??I ? . ? ? ? ? v ,7 f z • Z ` `d,( 4? ,? , 4 .?(.? ?'.Xf2 I k .}n 3 •4 , Jf' F ?' • .? f. - .. ,4 ie S r?F j- ?`Yi - _ .t L I f ?{ '` ? ? o ' ' ? , receipt p i o>?d? t thy Tov\ tension o time as provided abdve ill he cosdexed written request from the Proposer, 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. 2.16 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 Proposer. 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 Proposer: 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. 2.17 INSPECTION OF RECORDS The Proposer agrees that: A. The Town, or any of it's duly authorized representatives shall have access to any books, documents, papers, and records of Proposer which are directly pertinent to this specific contract. All required records must be appropriately maintained by the contractor/vendor for three years after final payment, and all other pending matters are closed. 2.18 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 this contract. 2.19 COSTS AND FEES In the event that any suit or action is commenced or arises from this agreement, 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. I:\Engineering\CIP\Stormwater\2.2Engineering\R FP-Design.doc 9 f n ' '-i. Y.!?F T tktl_w THEW S M TITE,IETTTa; gbb5 y* itl?r ? r ?. t ` gl 3.01 NEEDS ASSESSMENT The September 1994, Town of Avon Master Drainage Study identified some potential problem areas within the Town. Major drainage basins with potential problems include the Metcalf Gulch and Buck Creek Basins. Based on the results of this Study and subsequent observations, it is evident that potential problems include erosion, sedimentation drainage way capacity. The primary areas of concern for these basins are: Metcalf Gulch - Intersection of Metcalf Road and Wildwood Road to Eagle River Potential problems include existing and potential ditch erosion and culvert sedimentation along Metcalf Road along with existing drainage way and facility capacity to carry storm water flows through the area. Buck Creek - Inter-State 70 to Eagle River. Potential problems include capacity of existing drainage way and facilities through this area. The 1994 Study indicates a number of culverts with inadequate capacity and observations indicate some open ditch sections may be marginal due to sediment accumulation and possible encroachment by adjacent development. In addition to existing and potential problems outlined above, the Report should also address conformance with potential rules and regulations for storm water and pollution control as well as permits required and potential sources of funds for recommended improvements. 3.02 PROJECT DESCRIPTION AND REQUIREMENTS The primary purpose of this Contract is for the Town to develop a comprehensive plan for correction of existing and potential problems related to the Metcalf Gulch and Buck Creek Drainage Ways as they pass through developed areas within the Town and to the Eagle River. This comprehensive plan is expected to include a Report: A. Identifying and describing existing and potential problems; B. Prioritizing recommendations for correction of these problems, C. Preliminary designs for improvements to correct problems; D. Preliminary cost estimates to establish budgets for implementation; E. Identification of potential funding sources for improvements; F. Identification of required permits for construction of improvements; G. Evaluation of existing and potential stormwater and pollution control regulations; and H. Analysis showing how proposed improvements conform to existing regulations and can be modified to address potential regulations i:\Engineering\CI P\Stormwater\2.2Engineering\R FP-Design.doc 10 ZI x2 a 4 n? ,? 33 V feh vC° b A A b d ' t mp ensi c and budget a evelop e us to Ze ort tilithis t is cipated multi-year construction plan to implement the recommended improvements. Construction of these improvements is expected to include stand-alone projects as well as projects combined with other capital projects such as street improvements. 3.03 SURVEY INFORMATION The Town will provide basic topographic map information for the project area, as included in the September 1994, Town of Avon Master Drainage Study. Contractor shall be responsible for obtaining supplemental map information as required to evaluate existing conditions and to prepare preliminary designs and cost estimates. 3.04 SCOPE OF SERVICES Responses to this Request for Proposals shall be based upon the following Scope of Services: A. Provision of all engineering and design services including, but not limited to civil, traffic; hydrology, geotecWcal-soils, surveying and landscape architecture as required to formulate and develop preliminary project design through a public process, complete with preparation of a Report summarizing existing conditions, recommendations for phased improvements, cost estimates, required permits, possible funding sources and conformance with existing and potential stormwater and pollution control rules and regulations for the above described project. B. Provision of all supplemental surveying and mapping work required to evaluate existing conditions and to prepare preliminary designs and cost estimates. C. Presentation and review of evaluation of existing conditions and recommendations for improvements with town staff, town council, and the general public. D. Identification of related permits required by state, federal or other agencies for construction of the recommended improvements. E. Provision of preliminary cost estimates for each recommended phase of the improvements. F. Evaluation of existing and potential stormwater and pollution control regulations and analyze improvements required to conform with potential regulations. G. Identification of potential funding sources for construction of recommended improvements. I:\Engineering\C I P\Stormwater\2.2E ngOipermVWF P-Design.doc 11 d ,f }i e i! 3 1 7 x U 1: o ,, ' QS RESPONSF-FXQ ' $TED I3Y TO'? T S ` ? f ? L ; : . 4 V 1 n ? {' „ ?, ii 1 ?? ? •? , I ',3if ? n . , f ip ? ?? , ? ? `t 7 1 M (ti- t d. ?? ? , .? , • ? ?i { l ?j. . ,. 3.d all ? The Proposer's role is viewed in distinct phases. Phase I - Formation gathering. This is a function of, a) input sessions with the Town Staff, b) initial data collection, and c) supplemental surveys and field data collection. Phase H - Summarizing and evaluating data collected regarding existing conditions. Phase III - Development of a preliminary plan based on evaluation of existing conditions, conformance with existing stormwater and pollution control regulations, compatibility with existing and potential development based on input received during data collection and meetings with town stag. Preliminary plan should include horizontal layout, typical cross- sections, identify general areas of encroachment on adjoining properties, a proposed phasing plan for construction and preliminary cost estimates per phase. Phase IV - Presentations to town staff, town council and general public addressing evaluation of existing conditions and recommended improvements will be required. Presentations should include summary and analysis of existing conditions in addition to preliminary level drawings for each proposed phase of construction, identification of major easements or rights-of-way required for construction, preliminary construction -cost estimates for each phase of construction and summary of applicable rules and regulations and permits required for construction. Phase V - Development of a final report summarizing all findings, recommendations preliminary plans and cost estimates. The Proposal should address the phases as outlined above with the fee, scope of services and projected timeline for completion of each phase clearly shown in accordance with Section 1.09 F. Optional services, which should be addressed separately in the Proposal, include the provision of surveying, mapping, final design and preparation of all documents as required for construction of recommended improvements and the provision of full contract administration services during construction. I:\Engineering\C I P\Stormwater\2.2E ng i neering\R F P-Design.doc 12 F M ? ?4J ? 3 4; d_?{ ?l fit} Rt ? f '? ? 1fl?N?'jt 1•? ??+.?`( i - . r . . yj 0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager V From: Norm Wood, Town Engineer ?9? Anne Martens, Engineer- hl? Date: July 20, 2000 Re: Wildridge Entry Summary: Design of the Wildridge Entry was completed on July 5, 2000. Three different contractors were contacted for bidding the construction of the sign. Only two contractors responded, Meadow Mountain Masonry and Vogelman West Associates, Inc. The proposals were very close with Meadow Mountain Masonry, Inc. proposal at $13,243.00 and Vogelman West Associates, Inc. at $14,025.00. Meadow Mountain Masonry, Inc. completed the construction of the walls for the Avon Road Roundabout Streetscape. B & B Excavating, Inc. provided a proposal of $8,580.00 for grading and paving the bus stop and pouring the concrete for the new bus shelter. There are several items not included in the two proposal that need to be bid. The proposed project budget would consist of: Construction Contracts Meadow Mountain Masonry, Inc B & B Excavating, Inc. Architectural Services - Design Testing Services Bus Shelter Sign - Aluminum (Construct and Install) Revegatation Demolition of Existing Sign SubTotal Contingency (6%) Total Recommended Project Budget $13,243.00 $ 8,580.00 $ 1,000.00 $ 800.00 $ 8,500.00 $ 3,500.00 $ 1,000.00 $ 3,000.00 $39,623.00 $ 2,377.00 $42,000.00 0 It is recommended that both the proposal from Meadow Mountain Masonry, Inc. and L\Engineering\CIP\Wildridge Entry\1.0 Administration\Council Memo - Award Contracts.Doc t tR B & B Excavating, Inc. be approved for the construction of the Wildridge Entry. Copies of the plans and proposals are attached. Discussion: This project was originally in the Capitol Improvements Budget for the Amount of $104,000.00. This original scope of the project included an entry in Metcalf Road. At the March 21, 2000 Council Work Session, the scope of the project was reduced to construction of a New Sign at the intersection of Wildridge Road and Wildwood Road, and construction of a bus stop with installation of a new shelter. This recommendation is for the approval for the Bus Stop, asphalt and concrete work and the construction of the sign. There are several items associated with the project that prices have not been bid yet. However, the proposed project budget is in conformance with the Project Budget presented in March 2000. Financial Implications: The proposed Project Budget is based upon a construction proposal for the Wildridge Entry Sign for the amount of $13,243.00 and construction proposal for the Bus Stop for the amount of $8,580.00. It is anticipated that the project will be completed below the proposed Project Budget. Recommendations: Award Contracts to B & B Excavating, Inc. and Meadow Mountain Masonry, Inc. based on their proposals of $8,580.00 and $13, 243.00, respectively for the construction of the Wildridge Entry Sign and Bus Stop. Town Manager Comments: // y? C,C 1S wo V' S P E I:\Engineering\CIP\Wildridge Entry\1.0 Administration\Council Memo - Award Contracts.Doc 2 July 11, 2000 12:03 PM n From: Bob Matarese Fax M 970-949-1640 Page 1 of 1 B & B EXCAVATING, INC. P.O. Box 249, Vail, CO 81658 / 970 926-3311 AGREEMENT TO: Town of Avon DATE: July 11, 2000 RE: Bus Stop Improvements, Wildridge Attn: Anne P.O. Box 975 FAR #i Phone # 748-1958 Avon, CO 81620 For your consideration we offer the following quotation which, if accepted shall constitute a contract between us: Prep and pave bus stop area, approximately 1,120 sq. ft. (from plans) with 4 inches of road base and 6 inches of asphalt. Prep, form, pour and finish concrete pad, approximately 72 sq. ft. Work to include: 1.) Shape existing subgrade; 2.) Place and compact 4 inches of road base; 3.) Place and compact 6 inches of asphalt, in two lifts, 4.) Includes tax on materials and delivery, 5.) Does not include any haul off; 6.) Prep, form, pour and finish, 6 inch depth concrete pad; (4000 psi with fibers) Cost - S 8,5S0.00 Note: Prices are good until September 15, 2000 . Price does not include winter conditions or winter work. Utility locates are the responsibility of the owners. Price does not include relocation of utilities. Additional excavation due to unsuitable materials (rock, soft spots, etc.) can be done at time and material rates. Price does not include traffic control. Please sign in the space provided and return to B & B Excavating. B&B Excavating, Inc will schedule this project upon acceptance of this agreement. A signed copy will be forwarded to you for your files This agreement is subject to conditions as shown on reverse side hereof. For. B & B Excavating, Inc. By: Signature Print Name and Title Date: Authorized Signature Estimator (Bob Matarese) 390-3593 Date: ?J I 0712012000 11:19 9709269333 AM" ALPINE MEADOW MASQl v, (N.C. P.O.13OX 197 WOLCOTr, CO $1655 ? . NAME/ADDRESS ALPINE MEADOW MASONY PAGE 01 Estl a DATE Eat Nffier 7/20/2000 193 Avon / Town of Anne Martens P.O.9ox 975 Avon Co. 81620 For. 748-1958 i PROJECT Wildridge Entr... ITEM SCmm- ON _ e j QTY COST - ? TOTAL Veneer Stone v rb, rts Avon 157 22.00 3,454.00 roundabou=L Cap 3" Red sanane cop. ( 35 32.00 1,120.00 CMU 8" C.M.U. g asoli& I 315 12.00 3,780.00 CMU 4" c.m.u. s #edW 135 6.00 610.00 1 Concrete Footer 1 825.00 ` 825.00 T & M { Excavation, c kfl(#- rough grade 1 3,254.00 I 3,254.00 I C I ' We toots forwar d to partici otr project. T OTAL $13,243.00 7