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TC Council Packet 02-13-2001
Town Council Meetings Roll Call Check Sheet Date: 2/13/01 Michael Brown Debbie Buckley Peter Buckley V Rick Cuny 1 Mac McDevitt ' Buz Reynolds Judy Yoder \v`? 4( V S`?.i f? f 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, P. Buckley, Cuny, Yoder, McDevitt, D. Buckley, Reynolds Staff Present: Bill Efting -? Larry Brooks Burt Levin /Kris Nash ]Jacquie Halburnt Scott Wright Z Jeff Layman Charlie Moore L./Norm Wood Meryl Jacobs Bob Reed V--'-Harry Taylor Mike Matzko Other Staff: 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 FEBRUARY 13, 2001, AT 2:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:00 PM - 2:45 PM 1.) Land Negotiations (Executive Session) 2:45 PM - 3:45 PM 2.) Town Center Plan 3:45 PM - 4:45 PM 3.) Gondola Discussions 4:45 PM - 5:00 PM 4.) Eagle County Housing Program Holy Cross Franchise Ordinance 5:00 PM - 5:15 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 TO" OF AVON, COLORADO BY: Kristen Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 9,2001: 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 Memo Date: February 8, 2001 To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Michael Matzko, Director of Community Developme Re: Town Center Plan proposal Introduction: At the January 16, 2001 work session, Council directed staff to obtain a proposal for the development of a formal Town Center Plan. Attached is a proposal for services from RNL Design to prepare a revised Town Center Plan. Discussion: RNL Design prepared a preliminary Town Center Plan in March, 2000. That plan was developed by town center property owners, RNL, and Town staff. Its scope was much more limited than the current proposal. Council has asked RNL to continue working with the Town on refining the Town Center Plan for adoption. The steps necessary to produce such a plan are outlined in the attached memo by RNL. These include public forums, an alternatives analysis, an economic analysis, and a traffic and parking analysis. Engineering design of the public improvements is not included in this contract, but is listed as a subsequent implementation step. However, the refined Plan will define public improvements sufficient to serve as a basis for starting schematic design. RNL estimates a total project cost of $57,260. This figure includes the hiring of an economic consultant and a traffic consultant, plus all necessary facilitation of both public meetings and workshops with Town Council and staff. The proposal includes a draft schedule for public workshops and deliverables. One option for reducing the initial project cost is to eliminate either the traffic or economic consulting services, or both. If Council chooses that approach, then staff would recommend performing those analyses as a second phase of the project. Conclusion: This refined Town Center Plan, as outlined in the attached proposal, will include a description of conceptual public improvements and is expected to be available in draft format by early June, 2001. Town Manager Comments: `'I c?aGut v , ??? p?o?os. l ;.s (?thA T '5+0 11 6C11QVC 'J?^t +V455(v W1C??.?.??6n S + 0J iF i h"1'P,NS we dre yrs,f skere 4-I1 1.4- o(acs" It ? o K ha,.?c al 1?„rd a??c?S?o"f i •? fu?''a?C• STf?S. Attachments: RNL Design `Town Center Plan Scope of Services' proposal and timeline. AVON TOWN CENTER PLAN Scope of Services 2/7/01 Objectives of Services The objective of these services is to work with the Town of Avon and the public to produce a revised Town Center Plan. This public process will include the major property owners and business owners in the area in a structured participation process. This revised plan is intended to provide the information for a go-no go decision about implementation of the Town Center Plan. It will further define the actions needed for both public improvements and private development projects in the Town Center. Products of this Scope of Services The products of this scope of services will include: a refined Town Center Plan, including conceptual public improvements. Note that this Scope of Services does not include design of the public improvements from Schematic Design through Construction Documents and Construction Administration. This design and engineering will be the subject of subsequent design contracts not in this scope of services. What this plan will provide is definition of improvements including right-of-way locations, property lines and description sufficient to serve as a basis for initiation of architectural and engineering Schematic Design. Scope of Work Tasks 1. RNL will describe the main issues which will need to be resolved in Town Center implementation, including timing and probability of major public and private development projects. We will also outline the options to address these issues. RNL will meet with staff to kickoff this process and will brief City Council, P&Z and staff about the features of the current Town Center Plan. RNL will meet with the Community Development Director and staff, review the status of plans and developments of major property owners, and review the Town Center Plan to identify portions which will need to be revised to be part of the Town Center Plan. These meetings are intended to clarify problems and objections to implementation of the plan and to identify the options that exist to implement the Town Center Plan. Meetings: Staff, City Council. Hours: Pat Dawe 16 hrs. x $130 = $2080 Jim Leggitt 4 hrs. x $115 = $ 460 2. RNL will prepare for and conduct a two-day On-Site Workshop, including a public forum, to receive public input on the Town Center Plan. The preparation will consist of development of three alternative scenarios for the Town Center Plan. These scenarios will use the Town Center Plan developed in 2000 as a basis; the variations between these scenarios will be alternative timing, design approach and other implementation aspects of public and private projects. The On-Site Workshop will be held in Avon at a central location in the Town Center. Following the Workshop, we will evaluate and refine the alternatives for presentation to City Council and P&Z. Meetings: Public Workshop (2 day) Hours: Pat Dawe 32 hrs. x $130 = $4160 Heather Gregg 16 hrs. x $ 89 = $1424 Jim Leggitt 16 hrs. x $115 = $1840 RNL's economic consultant and traffic consultant will meet with RNL and provide a judgmental evaluation of the probable benefits to be realized to the Town of Avon under each of the three scenarios from the economic and traffic point of view. This will enable RNL and the Town of Avon to make a more informed choice relative to implementation of the plan. Meetings: No meetings except to coordinate with the two consultants. Hours: Pat Dawe 8 hrs. x $130 = $1040 Economic Consultant $ 500 Traffic Consultant $ 500 4. Following the consultant evaluation in Task 3, RNL will refine the alternatives into a draft Town Center Plan. This plan will set the parameters for private developer involvement in the Town Center and will delineate the character of the Town Center. To facilitate the choice of direction between the scenarios and the creation of a draft Town Center Plan, RNL's economic and traffic consultants will test the economic benefits of the plan for the Town of Avon. This estimate will include the enhanced ability to attract visitor-serving businesses to the Town Center and to Avon because of its improved identity and image, the likely increase of sales tax or other revenue as a result of the increased business activity in the Town Center, compared to the likely increase in public costs for security, maintenance or other operating costs. In a similar way, the traffic consultant will analyze the revised street pattern, the transit circulation, pedestrian routes and parking, and will provide a statement of the public improvements needed to facilitate the Town Center Plan, such as traffic lanes and widths, pedestrian crossings, transit stops and layover areas, and a definition of the need for public parking in the Town Center, including parking provided by the Town of Avon, in terms of location and numbers of spaces. We will meet with the Council and Staff at the beginning of this period to review the draft Town Center Plan with them, and discuss further directions with the staff. Meetings: Town Council, Staff. Hours: Pat Dawe 48 hrs. x $130 = $6240 Jim Leggitt 40 hrs. x $115 = $4600 Heather Gregg 16 hrs. x $ 89 = $1424 Jean Robbins 24 hrs. x $ 78 = $1872 Economic Consultant: $7500 Traffic Consultant $7500 5. RNL will refine the Town Center Implementation Plan in accordance with the comments received from Council, P&Z and Staff and develop a final Town Center Plan, which will represent the agreed-on strategy for Town Center public and private development projects. We will submit this plan to the Town of Avon. We will prepare for and stage a Public Forum on the Town Center Plan. This will be an evening public meeting in Avon during which we will present the proposed plan; following a daytime meeting with Town Council and P&Z. The plan will include a description of public improvements to establish a public framework for private sector investments enabling the Town of Avon to take the initiative in working with the private developers. The plan will include concept alignments and design of streets and sidewalks, landscaping, utilities, lighting, and other public improvements that will serve the private sector projects. The definition of these projects will be sufficient to serve as the basis for initiation of architectural and engineering design of these improvements. We will finalize the report and submit it to the Town of Avon. The plan will include a revised preliminary cost estimate of public improvements. We will meet with Council and P&Z to present the plan. Meetings: Town Council, Staff, Public Forum Hours: Pat Dawe 32 hrs. x $130 = $4160 Jean Robbins 40 hrs. x $ 78 = $3120 Jim Leggitt 16 hrs. x $115 = $1840 Consultant $4000 Total Labor Estimate (through Task 5) $34,260 Reimbursable Expenses $ 3,000 Subtotal $37,260 Consultants Traffic, Parking $ 8,000 Economics $ 8,000 Cost Estimating $ 4,000 Total Project Cost Estimate $57,260 Subsequent Design/Engineering Tasks Related to Implementation Landscape and Civil Engineering of Rights-of-Way: Streets, walks, utilities, drainage, electrical, lighting, landscaping. Signage Design and Fabrication: Way-finding and directories, street signage, identity program for Avon Town Center Architectural Design/Engineering of Town Lot Parking Structure Architectural and Site Planning Guidelines for Public Improvements and Private Development Zoning and Ordinance Revision Revision of Special District Agreements as Needed Avon Town Center Implementation Plan Schedule Feb Mar Apr May Jun Jul Aug Sept VERIFICATION I IMPLEMENTATION I Kickoff w/Staff 1 Issues, Options Council Briefing 2 Prep. For Public Workshop Public Workshop 3 I Economic & Traffic '? Analysis 4 - Draft Plan Submit Draft Report "Council Review nStaff Review I 5- Final Report Submit Report Council Presentation TOWN OF AVON REGULAR COUNCIL MEETING AGENDA Februr 0, 2001 - 5:30 PM 1. Call to Order/Roll Call G`... / r 2. Citizen Input 3. Ordinances a.) Second Reading of Ordinance No. 01-01, Series of 2001, An Ordinance of the Town of . „nr Avon, Eagle County, Colorado-Granting-a Franchise to Holy Cross Energy, Its Successors and Assigns, to Locate, Build, Install, Construct, Acquire, Purchase, Extend, l Maintain, Repair and Operate Into, Within and Through the Town of Avon, All l / Necessary and Convenient Facilities for the Purchase, Generation, Transmission and Distribution of Electrical Energy, and to Furnish, Sell and Distribute Said Electrical Energy to the Residents of the Town for Light, Heat, Power and Other Purposes by Means of Conduits, Cables, Poles and Wires Strung Thereon, or Otherwise On, Over, n Under, Along, Across and Through All Streets and Other Public Ways in Said Town of Avon, Colorado, and Fixing the Terms and Conditions Thereof PUBLIC HEARING b.) First Reading of Ordinance No. 01-02, Series of 2001, An Ordinance Amending Section t? 2.08.100(C) of the Avon Code 4. Resolutions 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the January 23, 2001 Council Meeting Minutes CL b.) Approval of the January 23, 2001 Avon Metropolitan District Meeting Minutes c.) Salute to the USA Band Contract with Good Time Entertainment for Chupacabra d.) Salute to the USA Band Contract with Good Time Entertainment for Cabaret Diosa e.) Agreement with Eagle County Regional Transportation Authority for Trail Maintenance V/ £) Avon Recreation Center Refurbishment of the Locker and Changing Rooms Design Services Proposal \)1? I 12. Adjournment MEMORANDUM FROM: Burt Levin TO: Hon. Mayor and Town Council RE: Holy Cross Franchise Ordinance DATE: February 9, 2001 Representatives from Holy Cross, including its attorney, John Kemp, Esq., will be present for the 15 minute work session discussion on this. After considering my request, Holy Cross has indicated that it will not enter into a franchise that provides "The Company shall not install overhead transmission lines within the Town of Avon without the prior written approval of the Avon Town Council." The Holy Cross officials will be prepared to explain the company's position to you. Holy Cross is hoping to convince Council that the franchise as enacted on first reading is - as good as it will ever get. The Company wants to avoid having the current franchise expire without a new agreement; however, if that does occur it will simply continue to --provide-service_.to customers-in the town and will-also be relieved of its obligation to pay a franchise fee. The town would then lose over $130,000 in franchise fee revenue annually, as well as over $40,000 annually from the community enhancement fund which is provided for in the new franchise. In the absence of a franchise agreement, the town could charge certain fees that are-waived under the franchise, such as curb cut fees, but the town would lose substantial revenue over all. One alternative to the franchise as it was passed on first reading is to amend the duration from 20 years to some lesser period. For example, the ordinance could be amended to provide for a duration of 2 years, or 5 years. We will discuss those options during the work session. Finally, attached please find a letter to me from Holy Cross discussing its position. ht-d. do 1Z)HI'I ? Lp,o55 E ?F o ? t < r =? O dF?? SSO?O ~ February 8, 2001 Mr. Burt Levin Town of Avon P. O. Box 975 -1uan,-CO- 81-62-0-0975 RE: Franchise Ordinance - Transmission Line Issues Dear Burt: As a result of last week's phone "drawing board" for the express eleventh hour concern raised transmission line issues. i 3799 HIGHWAY 82 - PO. DRAWER 2150 GLENWOOD SPRINGS COLORADO 61602 19111111"1, 91 119711111,4081 I conversation, Richard Brinkley and I sat down at the purpose of drafting language to adequately satisfy the by Buzz Reynolds and Peter Buckley regarding it is our understanding that Mr. Reynolds and--Mr-Buckley wantthe -Town-to have ultimate control of, or "veto power" over, issues associated with transmission lines within the municipal boundaries of the Town. The establishment of such control would be subject to any overriding; State or Federal law or requirement. Furthermore, in order to gain the approval of the Town Council, specific language must be incorporated to modify the Ordinance currently being considered by the Town Council. We believe the Ordinance document, introduced and passed on first reading, contains all the necessary provisions to guarantee the Town adequate control to direct and work with Holy Cross Energy (hereinafter "Company") in arriving at solutions to transmission line issues that will benefit both Town and Company. Such provisions are summarized as follows: Section 4.8 - Town Review of Construction and Design. This provision addresses the Town's function to conduct a thorough review of the contemplated project to ensure that: 1) the Company is in compliance with all applicable laws and regulations related to transmission lines; 2) aesthetic and good planning principles have been considered; and 3) adverse impacts on the -environment-have been minimized. Section 5.2 - Facility Upgrades. 4 `In the event the business of the Company (i.e. furnishing 'electrical energy to persons, businesses, Industry, consumers, municipalities, etc. outside of the Town's boundaries) or the growth of the Town justify, such Facility upgrades are subject to regulations thereof as is provided by law. MUL. T l.I[VZ)D C-IILICV 1 Mr. Burt Levin February 8, 20.01 Page -two ------------------------- After reviewing the above provisions, it is fur opinion that the addition of he language modifying Section 4.9 of the Ordinance, presented in your facsimile ated January 31, 2001, significantly limits our right d obligation to provide ade aie electric service and, as such, we cannot accept the roposed lai)gjage. Section 5.3 - Reliable Supply of Electricity), our certificated service territory. Mr. Kemp In closing, Sections 4.8 and 5.2 give the establish the vehicle for participation and while preserving the Company's ability to service. L4 with citations for the alllic?ble State ,_not on-ly- the-Tow-n-(as--qddressed in to the surrounding communities within a be reached at (970) 945-2223. , Town a reasonable level of control and input regarding transmission line issues meet its obligations relative to electric For expediency, this letter will be faxed to you with the original to follow in the mail. As has been the case in all ;prior correspondence and meetings, we greatly appreciate the cooperation and professionalism that you have demonstrated throughout this process. We look forward to the opportunity to talk with the Town Counril during their work session on Tuesday, February 13, 2000. Hopefully, the secondary issue of transmission lines (as previously conveyed to you should not be a "real" issue for the next ten years.) will not effectively distract the entire Council from properly focusing on the overall benefits of gained by the Town v.ia their approval of the Ordinance on second reading later Tuesday night. Sincerely, HOLY CROSS ENERGY Stephen B. Casey, Supervisor of Contract Services SBC -Enclosure M.%Word\Pranchlse Documvm%Avon\LeV1n Leceer (2.8.01).doe STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON NOTICE 1S HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13th DAY OF FEBRUARY, 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-01, SERIES OF 2001: An Ordinance of the Town of Avon, Eagle County, Colorado Granting a Franchise to Holy Cross Energy, Its Successors and Assigns, to Locate, Build, Install, Construct, Acquire, Purchase, Extend, Maintain, Repair and Operate Into, Within and Through the Town of Avon, All Necessary and Convenient Facilities for the Purchase, Generation, Transmission and Distribution of Electrical Energy, and to Furnish, Sell and Distribute Said Electrical Energy to the Residents of the Town for Light, Heat, Power and Other Purposes by Means of Conduits, Cables, Poles and Wires Strung Thereon, or Otherwise On, Over, Under, Along, Across and Through All Streets and Other Public Ways in Said Town of Avon, Colorado, and Fixing the Terms and Conditions Thereof 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 23rd day of January, 2001. VON,COLORADO BY: 1 y"ash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 26,2001; 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 d } TOWN OF AVON ORDINANCE NO. o l - -- -- - (SERIES OF 2001)- ------ -_ --- AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN, REPAIR AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN FOR LIGHT, HEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN SAID TOWN OF AVON, COLORADO, AND FIXING THE TERMS AND CONDITIONS THEREOF. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: M:\Word\Franchise Documents\Avon\Current Draft 12.5.00.doc I 1 4 ARTICLE I SHORT TITLE 1.1 This Ordinance shall be known and may be cited as the "Holy Cross Energy Franchise Ordinance." ARTICLE 2 DEFINITIONS For the purpose of this Ordinance, the following terms shall have the meaning given herein: 2.1 "Town" is the Town of Avon, Eagle County, Colorado, the municipal corporation as is now constituted or as the same may be enlarged or expanded from time to time through annexation. 2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and assigns. 2.3 "Council" refers to the legislative body of the Town, known as the Town Council of the Town of Avon, Colorado. 2.4 "Facilities" refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, microwave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears, transformers, various pad mounted and pole mounted equipment, vaults, wires, and all 2 I 1 other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. 2.5 "Public Easements" refers to easements created and available for use by any public utility for its facilities. 2.6 "Private Easements" refers to easements created and available only for use by the Company for its Facilities, or by the Company and other selected users or utilities. 2.7 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently maintaining a residence, business, farm, ranch or other enterprise located within, in whole or in part, the boundaries of the Town. 2.8 "Revenues", unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for any particular period of time. 2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes and other public ways in the Town, subject to limitations stated herein. ARTICLE 3 GRANT OF FRANCHISE 3.1 Grant of Riyht to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the Town hereby grants to the Company a non-exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town boundaries all necessary and convenient Facilities for the purchase, generation, transmission, and distribution of 3 I 1 electrical energy. Such grant is made together with the non-exclusive right and privilege to furnish, sell, and distribute said electrical energy to the Residents for light, heat, power and other purposes. 3.2 Scope of Grant. Such grant includes the right and the obligation to furnish electrical energy using the Company's Facilities, either overhead, underground, or otherwise, on, over, under, along, across and through any and all Streets and Other Public Ways, and on, over, under, along, across and through any extension, connection with, or continuation of, the same and/or on, over, under, along, across and through any and all such new Streets and Other Public Ways as may be hereafter laid out, opened, located, or constructed within the boundaries of the Town. The Company is further granted the right, privilege and authority to excavate in, occupy and use any and all Streets and Other Public Ways and Public Easements. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supplying electrical energy to the Residents. 3.3 Service to Town Facilities. The Town hereby grants to the Company the right, privilege, and authority to provide street and security lighting to the Town, and to serve all Town owned or operated structures, plants, equipment, or Town apparatus and facilities, including the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for such. 3.4 Underground Policy of the Town. Except for maintenance, operation, relocation, repair, and upgrade of the Company's existing overhead Facilities, the Company shall at all times recognize the Town's preference, policies, and customary practice that distribution 4 I V power lines be located underground. Transformers, switchgear, and other similar equipment associated with underground construction, must, by necessity, be located above ground. The Company's adherence to such policies shall at all times be subject to Article 12 - Undergrounding. 3.5 Duration of Franchise. This Ordinance shall be in full force and effect from and after its passage as by law required and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from and after such enactment. ARTICLE 4 SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct ---- ---- -- Facilities under, across, or through public parks-or--recreational areas, open space or other -- - - -- - Town owned property located -within the Town-except as - expressly set forth in this Franchise or with prior written approval granted by the Town's Council. This Ordinance shall never be construed to limit the Company's rights of eminent domain as provided by law. 4.2 Trees and Shrubs. The Company shall have the right to control the growth of trees and shrubs as may be reasonably necessary to protect its Facilities. The Company may use machinery or other lawful methods to control such growth, but shall not use chemicals for such purpose. Annually, on a date mutually agreed to by both parties, representatives of each party shall meet and/or consult to discuss problems related to the means and methods of controlling such growth. Prior to cutting down or removing any tree, the Company shall consult with a representative of the Town for the purpose of determining 5 whether such cutting or removal is the only reasonable and cost effective means of protecting the Company's Facilities. 4.5 Location of Companv's Facilities. Wherever reasonable and practicable. the Company will endeavor to install its Facilities within Public Easements. The Company shall locate its Facilities within the Town so as to cause minimum interference with any of the Town's facilities or property, including without limitation water lines, sewer lines, storm drains, and the proper use of Streets and Other Public Ways, and so as to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said Streets and Other Public Ways. 4.4 Restoration of Public and Private Improvements. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or any other public or private improvement, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to be repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its Facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all reasonable costs thereof. - 4.5 - - Useof Facilities. The Company shall have the right to make such use of its Facilities and other property owned by Company, for uses other than the uses contemplated in the Franchise Ordinance, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. 6 4.6 Changed Conditions - Overhead. If at any time it shall be necessary to change the position of any overhead electrical Facilities of the Company to permit the Town to lay, make or change street grades, pavements, sewer mains, water mains, storm drains, or other I own works, such changes shall be made by the Company at its own expense, after reasonable notice from the Town. This provision shall not apply to any changes that result from new development within the Town. The costs associated with changing overhead electric facilities to accommodate such new development shall be borne by the developer, the Town or some other party, but not the Company. 4.7 Compliance with Town Requirements. The Company shall comply with all Town .-requirements regarding, curb and pavement cuts, excavating, digging and related construction, maintenance and operational activities except as otherwise provided for in ... - - -- --this Franchise Ordinance. - - 4.8 - ---Town Review -of Construction and Desipn. Prior to construction of any significant Facilities within the Town, if requested by the Town, the Company shall furnish to the Town the plans for such proposed construction. In addition, the Company shall assess and report on the impact of its proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes and air and water pollution regulations are complied with; (2) that aesthetic and good planning principles have been given due consideration; and (3) that adverse impact on the environment has been minimized. 4.9 Capital Improvement Projects. The Company and the Town shall inform one another of . any-c-apital -improvement-projects-anticipated-within - the Town that may impact the facilities or operations of either party. The party proposing such capital improvements 7 shall inform the other party of the nature of such improvements within a reasonable time after plans for such improvements have been substantially formulated. Each party shall cooperate in the timely exchange of all necessary information. design data. drawings, and reports to properly assess and evaluate the potential impacts of said improvements. 4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and upgrade its Facilities to ensure both the adequacy of, and quality of, electric service to all Residents. All excavation and construction work done by or under the authority of the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. 4.11 Town Not Required to Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its Facilities to the Town for municipal uses therein or for any municipal facility outside the boundaries of the Town and within the Company's certificated territory, without requiring the Town to advance funds prior to construction. 4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either oral or written, to the Town and its affected Residents, of planned service interruptions of significant duration. 4.13 Cooperation with Other Utilities. When undertaking a project of undergrounding, the Town and the Company shall work with other utilities or companies to attempt to have all lines undergrounded as part of the same project. The Company shall not be required to pay the costs of any other utility in connection with work under this section. 8 ARTICLE 5 RATES REGULATIONS UNIFORMITY OF SERVICE. AND UPGRADES 5.1 Furnishing Electrical Energy. The Company shall furnish electrical energy within the boundaries of' the 1 own, and to the Residents thereof at the Company's applicable and effective rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject only to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any Resident, provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. 5.2 Facility Upgrades. The Company will, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its Facilities incorporating, when reasonable and practical, technological advances within the industry as the business of the Company and the growth of the Town justify, in accordance with its Standards for Service, Rules and Regulations, and Service Connection and Extension Policies for electric service concurrently in effect and on file with the Company, subject only to regulations thereof as is provided by law. 5.3 Reliable Supply of Electricity. The Company shall take all reasonable and necessary steps to provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent with long-term reliable supplies. If the supply of electricity to its customers should be interrupted, the Company shall take all necessary and reasonable 9 actions to restore such supply within the shortest practicable time. In the event the Company's electric system, or any part thereof, is partially or wholly destroyed or incapacitated. the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time. 5.4 Maps and Regulations. The Company shall submit copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations, and maps of its Facilities within the Town boundaries to the Town Clerk. All changes in such maps, Standards for Service, Rules and Regulations, and policies, shall be submitted to the Town as the same may from time to time occur. 5.5 Subdivision Review. The Company shall analyze any subdivision plats or planned unit development plans submitted to it by the Town and respond to any request by the Town for information regarding the adequacy of its Facilities necessary to serve such proposed plat or plan and answer any other questions posed to the Company by the Town regarding said plat or plan as are within the knowledge of the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Town's Subdivision Regulations. 5.6 Interrelationship of Laws, Rates, Regulations and Ordinances. The Company shall comply with all County, State or Federal laws, and rules and regulations related to the subject matter hereof. The Company also agrees to abide by all ordinances and resolutions of the Town, unless and except to the extent that this Franchise Ordinance shall relieve the Company of the obligation to comply with the terms and conditions of such other ordinances or any other provisions hereof. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of 10 its business, including the use of electrical energy and the payment therefor, and the interference with, or alteration of, any of the Company's property upon the premises of its customers as shall be necessary to provide a safe, continuous and uninterrupted service to each and all ol'such customers and the proper measurement thereof and payment therefor. Any such rules, regulations, terms and conditions must not be inconsistent with this Franchise Ordinance, but no ordinance of the Town may regulate the Company's rates or charges for the furnishing of electrical energy, or shall lessen the safety of providing such energy to its customers, nor shall any such ordinance alter the manner in which service is extended to such customers. ARTICLE 6 USE OF COMPANY FACILITIES 6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all poles and suitable overhead structures within the Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity; provided, however, that the Company shall assume no liability, nor shall it be put to any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company's use of same, or the use thereof by the Company's permittees, licensees, or other existing users of such Facilities. The Company agrees to permit Town licensees, permittees and franchisees, except those holding an electric utility franchise or license from the Town, to use its Facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. II I 6.2 Joint Use of Trenches. If the Company installs new electric underground conduit or opens a trench or replaces such conduit, the Company shall provide adequate advance notice to permit additional installation of similar facilities in the same trench by the Town, or installation of other types of municipal facilities, subject to applicable rules and regulations. If the Town elects to use the trench it will so notify the Company. The Town shall -provide -the-materials at-no-expense -to - the- Company.- The Town shall reimburse to the Company only those monies paid by the Company to an independent contractor for labor costs to install Town furnished materials by such independent contractor. The Company shall include copies of invoices from the independent contractor to substantiate the Company's request for reimbursement. If the installation of Town furnished materials is performed solely by the Company's employees, there will be no labor charge to the Town. Such action by the Town shall not unnecessarily interfere with the Company's Facilities or delay the accomplishment of the project. The Town shall be responsible for ensuring that required vertical and horizontal separations between its facilities and that of the Company's is strictly maintained. The Town and Company shall jointly hold each other harmless from any liability or damage resulting from their respective facilities being installed in a joint trench. - ARTICLE 7- - - INDEMNIFICATION AND POLICE- POWER 7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers and employees, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the 12 Town pursuant to this Franchise, and the securing of, and the exercise by the Company of, the Franchise rights granted in this ordinance and shall pay all reasonable expenses arising therefrom._ The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the 1 own arising out of the exercise by the Company of its Franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the Town harmless to the extent of any claim, demand, or lien arising out of, or in connection with, any negligent act or failure to act by the Town or any of its officers, employees, or agents unless the Company shall become obligated to indemnify, defend or hold the Town harmless by virtue of the comparative negligence laws of Colorado. 7.2 ---Police Power Reserved. The right is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ARTICLE 8 FRANCHISE FEE 8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to --the-Town a sum equal to three percent (3%) of its gross Revenues collected from the sale of electricity within the boundaries of the Town. Electric Revenues received from service 13 to the Town facilities will not be assessed a 3% fee under this section nor will the Town be paid the 3% fee from such Revenues collected from Town facilities. To the extent required by law. the three percent (3%) shall be surcharged to the Residents. This surcharge is in addition to any charges specified in the Company's tariffs and any applicable taxes. 8.2 Change-of- Franchise-Fee- Town Initiated. T-he--T-own-expressly reserves the right to notify the Company of its desire to revise the Franchise Fee to a different percentage of revenue prior to October 1 of the even numbered years during the term of this franchise, which revised Franchise Fee shall become effective on the next succeeding January 1, following notification. Provided, however, that the maximum amount of the Franchise Fee shall be five percent (5%) of the Revenues collected within the boundaries of the Town. Notification to the consumer shall be given by the Town no less than thirty (30) days prior to January 1, the effective date of the scheduled increase. All expenses associated with notification shall be paid entirely by the Town. 8.3 Payment. Payment of the Franchise Fee shall be made by the Company to the Town on or before thirty (30) days after the end of each quarter of each calendar year for the preceding three (3) month period, but shall be adjusted for the portions of the calendar quarters at the beginning and at the end of this Franchise. All payments shall be made to the Town Clerk. 8.4 Revenue Audit. For the purpose of ascertaining or-auditing-the correct- amount-to be paid under the provisions of this Article, the Company shall file with the Town Manager, or such other official as shall be designated by the Town from time to time, a statement, in such reasonable form as the Town may require, showing the total gross receipts received 14 by the Company from the sale of electricity to Residents within the boundaries of the Town for the preceding three (3) month period. The Town Manager or any official appointed by the Council shall have access to the books of said Company for the purpose of confirming the gross Revenues received from operations within the 1 own. 8.5 Correction of Underpayment/Overpayment. Should either the Company or Town discover either an underpayment or overpayment of the Franchise Fee, the party making such discovery shall inform the other party within a reasonable time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the error was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next Franchise payment due the Town. 8.6 Occupation Tax Alternative.-In the-event-the said Franchise Fee levied herein should be --declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in lieu thereof, the Town may thereafter levy an occupation tax upon the Company, not to exceed in any one calendar year five percent (5%) of the gross Revenues collected from the sale of electricity within the boundaries of the Town for that calendar year. Such occupation tax shall be adjusted for any Franchise Fees previously paid to the Town in such calendar year. In the event the Town shall enact such an occupation tax, in lieu of the Franchise Fee, all of the remaining terms, conditions and provisions of this Ordinance shall remain in full force and effect for the period stated herein. Such occupation tax ordinance or enactment shall be designed to meet all legal - -requirements to ensure that it is not construed as an income tax. - --- -- 15 8.7 Franchise Fee Payment in Lieu of Other Fees. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupation tax, license tax, permit charge, inspection fee. contractors license fees. or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the Franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon business. 8.8 Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances and for photocopying of documents arising out of the negotiations or process of obtaining this franchise. 8.9 Termination of Franchise. If this Franchise is terminated by either the Company or the Town for whatever reason, or is declared null and void, all Franchise Fees or occupation taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise Fee or occupation tax owed and due the Town shall be made on or before thirty (30) days after the date the Franchise is legally terminated. ARTICLE 9 REPORTS 9.1 Reports. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this Franchise, 16 and shall, if requested, provide the Town with a list of real property within the Town which is owned by the Company. 9.2 Copies of Tariffs. Upon request, the Company shall furnish the Town with copies of any tariffs currently in use. ARTICLE 10 ADMINISTRATION 10.1 Amendments. At any time during the term of this Franchise, the Town through its Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s) to this Franchise shall be effective until mutually agreed upon in writing by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and ordinance requirements of the Town, have been met. This section shall not apply to Franchise Fee changes under Article 8. 10.2 Revocation of Privileges by Condemnation. In the event, at any time during the term of this Franchise, the Town shall condemn any of the Facilities of the Company within the boundaries of the Town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents, then and in such event the Town shall pay to the Company just compensation as provided by the laws of the State of Colorado for such rights and facilities by reason of such condemnation. 17 10.3 Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delaved hecaiuse of circumstances beyond the Company's Or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. 10.4 Company's Failure to Perform. It is agreed that in case of the failure of the Company to perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through its Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by the parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the Council shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited and may declare this Franchise null and void. 10.5 Ownership of Facilities. All Facilities used or placed by the Company, either within or outside the boundaries of the Town shall be and remain the property of the Company. 10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. 18 10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company Facilities shall not be used for electric, telephone, or cable TV purposes for a period of twelve (12) successive months, the Town shall have the option of having the Company remove such 1, acilities or claim such 1- acilities as its own. If the 1 own should require the Company to remove its Facilities such removal shall only apply to those Facilities that are above ground and have a visual impact on the surrounding area. If the Town elects to have the Company remove the Facilities, it shall give written notice to the Company within thirty (30) days after expiration of the twelve (12) month period above described directing it to remove such Facilities, and the Company shall remove the same no later than ninety (90) days after the date of such notice, unless the Company and the Town agree to a longer period within which removal shall occur. Any Facilities, either underground or overhead, remaining after the twelve (12) month, thirty (30) day, and ninety (90) day periods above described, that have not been expressly claimed by the Town or removed by the Company, shall be deemed to have been abandoned. Any cost incurred by the Town in removing abandoned Facilities, and any liability associated with Facilities abandoned by the Company shall be the liability of the Company. For any Facilities claimed by the Town, any liability associated with such Facilities shall become the liability of the Town. 10.8 Non-renewal of Franchise; Alternative Electric Service. If this Franchise is not renewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, and the Town has not provided for alternative electric service to the Residents, the Company shall not remove its Facilities and shall be obligated to continue 19 electric service to the Residents until alternative electric service is provided. The Company will not withhold any temporary services necessary to protect the public. ARTICLE 11 COMMUNITY ENHANCEMENT FUND -- ----- - -- 11.1 Purpose. The -Company is committed- to programs designed to make a difference in people's lives and the communities in which they reside. The Company will voluntarily make monetary resources available to the Town for such programs and/or activities. Programs for which such funds shall be spent shall be limited to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof, (6) Sponsorship of special community events; (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town has not made the program a requirement for this Franchise. Funding for this program is not a cost of doing business but is a voluntary contribution by the Company. 11.2 Payments to the Fund. After enactment of this Ordinance, the Company will establish an initial fund amount of $2,000.00. The Company shall then make annual payments to the fund equal-to-one percent (1%) of its prior-year's gross- Revenues, prorated-for the portions of the-months at the beginning and end of the term of this Franchise, collected from the sale of electricity within the boundaries of the Town, or $2,000.00, whichever amount is greater. Said payments shall be made into the fund no later than February 15th 20 of the year subsequent to the year in which the gross Revenues are received by the Company. 11.3 The Fund. The Fund established by the Company shall be maintained in a bank account in the name of the l own, but shall be maintained separately ii-om all other funds and accounts held by the Town. 11.4 Payments from the Fund. All payments from the fund shall be for projects described in Section 11.1 hereof. Prior to any such expenditure, authorization to withdraw from the fund shall be given by resolution or ordinance duly enacted by the Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for .. which the expenditure is made. Prior to any expenditure, the --Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to-such expenditure, the Company shall have waivedits right to object in the future if the fiends are expended for the use identified in the notice. - 11.5 Audits. The Town may audit the Company's books related to gross Revenues collected within the Town at any reasonable time and with reasonable prior notice. The Company may audit the fund account, expenditures from the fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. 11.6 Forfeiture of Enhancement Funds. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Enhancement Fund if it is determined that funds allocated and paid to the Town are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. -- 21 11.7 Advances of Funds. The Company shall consider advances of funds, subject to the provisions of this Section, for all such projects that specifically involve undergrounding of overhead lines or projects acceptable to the Company xhich are related to the Company's existing Facilities. The Town shall make all reasonable attempts to plan and -- budget use of the Fund without advancement of future Funds. However, if the Town requests-and-the Company-and the-Town-agree-that it is in the-mutual interest of both, the Company shall anticipate Fund amounts to be available for up to three (3) years in advance. Both parties shall enter into a special agreement concerning the advanced Funds. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advances are eliminated. ARTICLE 12 UNDERGROUNDING 12.1 At Consumer's Request. If a customer within the Town should request that new facilities be installed underground, or for the conversion of existing overhead facilities to underground facilities, or if Town ordinances or resolutions require a customer or customers to install facilities underground, the Company shall proceed in accordance with its Line Extension Policy, Advice Letter Number 8, dated July 30, 1976 (herein "Line Extension Policy") and in accordance with its Policy Statement, Conversion From Overhead--to Underground-Facilities; June 15-1988-(herein--"Underground -Conversion Policy"), as each may from time to time be amended. 12.2 Town Requested Undergrounding. Except for the Company's contributions to the Community Enhancement Fund, which may be used by the Town to pay for the 22 undergrounding of the Company's Facilities, any request, requirement imposed by resolution or ordinance, or other communication from the Town to the Company, asking, or requiring the Company to underground new facilities or existing overhead facilities, or move, remove, of replace existing underground facilities, shall be responded to in accordance with the provisions of the Company's Line Extension Policy, Underground Conversion Policy, or other customary practice in use by the Company. The Town acknowledges receipt of a copy of both policies. 12.3 Relocation of Underground Facilities. Nothing hereinabove shall be construed to obligate the Company to pay for the removal and relocation of its Facilities where such is at the request or demand of a person, or a public or private entity under-circumstances which require the party requesting or demanding such to pay for the relocation under other provisions _her_eof,_or under the..provisions_oLthe_Company's_Line Extension Policy, ___UndergroundConversion _Policy,_or other customary practice in use by the-Company. 12.4 Governmental Mandates. This Franchise or the Town Municipal Code, as either may be amended from time to time, shall not prohibit or limit the Company's right to enforce its collection of the increased costs of new underground construction, or conversion, in accordance with the provisions of the Company's Line Extension Policy, Underground Conversion Policy, customary practices of the Company, or state law. Anything in this Franchise, or in the Municipal Code, that would be a contributing factor to the ultimate effect of causing the Company to convert overhead electric lines or Facilities to underground lines or Facilities, or which would result in new construction of lines or ----Facilities- being-placed underground, when such could have-been constructed overhead, shall be deemed to be a mandatory requirement of the Town. 23 ARTICLE 13 MISCELLANEOUS 13.1 ChgUes in Utility Reculation. In the event new legislation materially affects the terms and conditions of this Franchise Ordinance, the parties agree to renegotiate the affected terms and conditions in good faith. The parties hereto acknowledge that regulatory and legislative changes in the electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other changes may be made in the future, during the term of this Franchise. One likely scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer for a fee charged to the other utility or the customer. The parties agree, that insofar as future changes in the utility laws will allow, the Company shall always retain the right to bill customers for electric utility transportation services and electric energy sales within the Town if it is the provider of either the electric energy product or the transportation of such product. The parties agree that this will provide the most efficient and convenient electric utility service to the Residents and provide assurance to the Town of franchise fee collection for each component charged for the sale and delivery of electric energy products within the boundaries of the Town. 24 k !) A, 13.2 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in this Ordinance shall inure to the benefit of and be binding upon the Company, its successors and assigns. 133 Representatives. Both parries shall designate from time to time in writing representatives to act as franchise agents for the Company and the Town. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party. Until any such change shall hereafter be made, notices shall be sent to the Town Mayor and to the Company's General Manager. Currently the addresses for each are as follows: For the Town: Judy Yoder, Mayor Town of Avon P. O. Box 975 400 Benchmark Road Avon, CO 81620 For the Company: Holy Cross Energy Attention: General Manager P.O. Drawer 2150 3799 Highway 82 Glenwood Springs, CO 81602 13.4 Severability. Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. 13.5 Entire Agreement. This Franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Franchise. 25 q r? ? ARTICLE 14 APPROVAL 14.1 Town Approval. This grant of Franchise shall not become effective until approved by the Town in accordance with its ordinances and the statutes of the State of Colorado. 14.2 Company Approval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen (15) business days after the final adoption of this Franchise by the Town. The acceptance shall be in the form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. 14.3 Public Health, Safety and Welfare. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town and the Residents thereof. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 23 day of January , 2001, 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 13 day of February 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. J Yoder a 26 4 • - INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2001. Judy Yoder. Mayor Attest: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 27 MEMORANDUM FROM: Burt Levin TO: Hon. Mayor and Council CC: Bill Efting, Larry Brooks, Jacquie Halburnt RE: Technical Amendment to Avon Code DATE: January 22, 2001 Larry Brooks noticed that § 2.08.100(C) needs the technical amendment reflected in the attached ordinance. As currently written the section states that the court clerk (Marlene Perrine) will be paid once per month, whereas she is paid every other week as are all employees. ORDINANCE NO. 01-02 SERIES OF 2001 AN ORDINANCE AMENDING SECTION 2.08.100(C) OF THE AVON CODE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Section 2.08.100(C) of the Avon Code is repealed and reenacted to provide as follows: "The clerk shall be compensated as the town council may determine. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED POSTED, this day of , 2001, 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 2001, at _.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this day of 12001. TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 2 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JANUARY 23, 2001 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 5:30 PM. A roll call was taken with Councilors Mike Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Mayor Protem Buz Reynolds present. Councilor Rick Cuny was absent. Also present were _To_wn_ManagerBill_Efting,_To_wn AttomeyBurt _Levin,.Assistant_Town Manager Larry Brooks, Town Clerk Kris Nash, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Mike Matzko, Police Sergeant Chris Peck as well as members of the public. Ordinances: First Reading of Ordinance No. 01-01, Series of 2001, An Ordinance of the Town of Avon, Eagle County, Colorado Granting a Franchise to Holy Cross Energy, Its Successors and Assigns, to Locate, Build, Install, Construct, Acquire, Purchase, Extend, Maintain, Repair and Operate Into, Within and Through the Town of Avon, All Necessary and Convenient Facilities for the Purchase, Generation, Transmission and Distribution of Electrical Energy, and to Furnish, Sell and Distribute Said Electrical Energy to the Residents of the Town for Light, Heat, Power and Other Purposes by Means of Conduits, Cables, Poles and Wires Strung Thereon, or Otherwise On, Over, Under, Along, Across and Through All Streets and Other Public Ways in Said Town of Avon, Colorado, and Fixing the Terms and Conditions Thereof Town Attorney Levin stated this ordinance is for the renewal of the Holy Cross Franchise. It is a 20 year franchise, which provides for the Town to collect a franchise fee of 3% of Holy Cross's revenues collected from the sale of electricity within the town of Avon. It also includes a community enhancement fund provision by which Holy Cross is going to make an additional contribution to the Town for community enhancement purposes. Councilor Debbie Buckley motioned approval of Ordinance No. 01-01, Series of 2001. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motioned passed with Mayor Protein Reynolds voting nay. Consent Agenda: a.) Approval of the January 9, 2001 Council Meeting Minutes b.) Financial Matters c.) Fire District Maintenance Agreement d.) Holy Cross Energy - Tract G Easement e.) Lot C - Tract G Easement f.) Resolution No. 01-05, Series of 2001, A Resolution Approving an Order of the Town Manager _-Mayor _Protein Reynolds motioned approval of the Consent Agenda with the addition of Resolution No. 01-04, Series of 2001, A Resolution Authorizing the Filing of A Lawsuit Against Barbara Andrews Events, Inc. Councilor Debbie Buckley seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Brown motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 5:34 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting Minutes January 23, 2001 MINUTES OF THE AVON METROPOLITAN DISTRICT MEETING HELD JANUARY 23, 2001 The Avon Town Council acting as the Avon Metropolitan District Board for the Town of Avon, Colorado, convened at 5:20 PM in the Municipal Building, 400 Benchmark Road, Avon, Colorado. Boardmembers present were Chairwoman Judy Yoder, Boardmembers Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Buz Reynolds. Boardmember Rick Cuny was absent. Also present was Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm -Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Michael Matzko as well as members of the public. Resolutions: A Resolution of Avon Metropolitan District Authorizing the Issuance and Sale of the District's General Obligation Refunding Bonds, Series 2001 and Supplemental "B" Interest Registered Coupons; Approving a Registrar Agreement, An Escrow Agreement, A Letter of Representations, and a Preliminary Official Statement in Connection Therewith; Authorizing the Refunding Project; Providing Details Concerning the Bonds and Funds Appertaining Thereto; Ratifying Acts Previously Taken Concerning Said Bonds; Repealing All Resolutions in Conflict Herewith; and Providing Other Matters Relating Thereto Mr. David Bell of Hanifen, Imhoff approached the Council. Mr. Bell gave Council a handout on the refunding bonds. He stated that the bonds were offered for sale last week, and interest rates vary to under 4.2%, with yields from 3.25 to 4.25. Mr. Bell stated the annual savings, which will start next mill levy year, will be in excess of $80,000 per year totaling almost $750,000. He added that this is a percentage savings of 16.2% of the outstanding bonds. Boardmember McDevitt motioned approval of the resolution. Boardmember Debbie Buckley seconded the motion. The motion carried unanimously. Unfinished Business: Town Attorney Levin stated that the Board must elect a Secretary for the purpose of completing the paperwork-for the bond transaction. He stated that the Mayor of the Town of Avon serves as ex officio as the Chair of the Avon Metropolitan District Board. Staff suggests that the Mayor Protein be nominated and elected as ex officio as the Secretary of the Board. Boardmember Debbie Buckley nominated Mayor Protem Reynolds as ex officio as the Secretary of the Avon Metro District Board. Boardmember Brown seconded the motion. There being no other nominations, Mayor Yoder announced that Mayor Protem Reynolds is the Secretary of the Board by acclimation. There being no further business to come before the Board, Boardmember McDevitt motioned to adjourn the meeting. Boardm tuber Brown seconded the motion. The motion carried unanimously. The meeting adjourned at 5:29 PM. Y SUBMITTED: Kasten Nash, Recor g Secretary for the Avon Metropoli n District APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Avon Metropolitan District Minutes January 23, 2001 V Memo January 26, 2001 a To: Meryl From: Sarah ?^' QWOb ICE: Salute to the USA Band Contract Summary Attached pl ea5e find the contract between Good Time Entertainment and the Town of Avon for performance 5ervice5 by Chupacabra at the 2001 Salute to the USA. Chupacabra invites everyone to "move to the 5ound5 of salsa, Samba, reggae, afro-pop, and 70'5-era jazz-funk." They offer a different Style of music than pact bands we've had at this event. We feel they will be a great opening band for this year's Salute to the USA. Recommendation I recommend that Council approve and Sign the attached contract for performance 5ervice5 at Salute to the USA in the amount of $1,000. Town of Avon • P.O. Box 975 • Avon, CO 81620 • 970-748-4032 Ul/ LJf LUVl 1J• UJ JU JJTV UT JL ---- . t.- - .- -- . - - Good Time Entertainment CQPgRACT #07042001 CbapoNottinghamPark Venue: Nottingham Park Performance Date: July 4, 2001 Physical Address; 325 Benchmark Rd., Avon, CO Mailing Address: Town of Avow, PO Box 975, Avon, CO 81620. Contact: Sarah Stautenburgh-Lai Venue Phone: (970) 748-4032 - Fax: (970) 949-0160 Artist: Chupacabra or. (970) 949-9139 Wage agreed upon: $1,000.00 flat fee (Payment to be received no later than March 10, 2001) Venue capacity: 25,000 Potential Artist Earnings: $1,000.00 Load L time: approximately 2:00 p.m., advance w/Gary Q Quickbeam Audio Sound/Production: The Town of Avon has retained Quickbeam Audio to provide sound reinforcement and lighting for this performance to meet attached technical rider. Contact: Gary Matthews @ 800-227-6239. Number of sets/times: one 90-minute set. Number of bands: two Positiou/slot: first Sbowtime: 5:00 P.M. Hospitality: See attached'contract rider. Hotel/Lodging: N/A. Misc: All ages flee "Salute to the USA' show, supporting Cabaret Diosa_ w See attached Outdoor Event Rider. Date sent: January 25, 2001 Agent Name/Signature: odd Mil Buyer Name/Signature: Date: Please see reverse side for additional terms and conditions, sign and return this document by fax to (303) 546-0492, and mail the original to the address below within seven days. If any ebanges.ore necessary, please note them next to the item in question and initial it. Thank you for working with Good Time Entertainment! 5717 Arapahoe Road, Suite 201 Boulder, Colorado 80303 Phone: (303) 5-46-0500/Fa= (303) 546- 0492 Goodtimetodd@earthlink-net 01/25/2001 13:05 3035460492 6UUI) I1Mt & Kill UND HAUL 02 DITIONAL TERMS AND CONDITION Agreement of Artist to perform is subject to detention in the event of illness, accident, civil unrest, strikes, epidemics, acts of God, or other conditions beyond the control of the Artist. In the case of such events, any deposits will be immediately refunded to the Buyer. Tbis contract is not subject to cancellation by the Buyer without written notice to the Artist at least six (6) weeks prior to the performance date. Any such cancellation by the Buyer will result in forfeiture of any deposits paid unless the Artist can be contracted for another performance on the same date at a wage equal to or greater than the wage set forth herein. The deposit forfeiture is in addition to any other remedies afforded by law to the Artist. Additionally, non-payment of the deposit shall not-relieve _the Buyer of the obligations set forth herein. - - Zn consideration for the services rendered by Good Time Entertainment (herein referred to as `the Agency') in securing this contract (whether oral or written), the Artist, individually and by and through, .Artist's management and representatives convenant and agree that the Agency remains the responsible and exclusive representative of the Artist for the Buyer. Furthermore, the Artist agrees to pay the specified commission for future Agency representation, and agree that the services rendered will be effective for a period of twelve (12) months, beginning from the date of the performance referenced in this contract. Likewise, the Buyer convenants and agrees that the Agency remains the responsible and-exclusive representative of the Artist for the Buyer for the same time frame described herein. Artist and Buyer, individually and by and through, agree that receipt of this contract and commencement of performance shall be adequate confirmation of all terms embodied in --this contract and all attached riders, and shall be binding on all parties, whether the document is signed or not. All attached riders are to be considered legally binding extensions of this contract. It is expressly understood by the Buyer and the Artist who are parties to this contract that neither the Agency nor its officers are party to this agreement in any capacity and that neither Good Time Entertainment, nor its officers are liable for the performance breach of any provisions hereof. This agreement shall be governed by, constructed, and enforced in accordance with the laws of the State of Colorado. Artist and Buyer voluntarily submit themselves, individually and by and through, to the jurisdiction of the Superior Court of Boulder County. UI/ L0/ ZUUI I I: r 0 JU1,Jz140U4:Jz UUUU I Lvlr- 61 ICGU UI`IU THUG UJ Good Time Entertainment Contract #07042001ChupaNottinghamPark CHUPACABRA Contract Rider and Mandatory Provisions 1. This rider, and all provisions contained herein, shall be considered a binding part of the attached contract. 2. For public performances, radio, press, and marquee advertising must be employed at least two weeks prior to the event. 3. Private dressing room(s) with bathroom, to accommodate ten, (10) must be provided at load-in, 4. Adequate parking for one thirty foot (30') bus adjacent to performance area. 5. Large cooler of ice, bottled water, sodas and two (2) cases of beer (premium domestic or import) shall be placed in the dressing room upon arrival of the band members. 6. One (1) hot meal for each band/crew member, six (6) total. Buyout is optional at ten dollars ($10.00) per member. 7. Technical Requirements: Buyer agrees to provide the following: a) Venue and sound system capable of producing 1 10 dB at 125 feet from stage. Chupacabra will not assume liability for "noise violations". b) A stage at least 24 feet wide, 12 feet deep, and 2 feet high, c) Two (2) 20 amp quad boxes (stage power) and one (1) 20 amp quad box (at front of house). d) A small lighting system of at least ten (10) dimmable PAR cans and adequate gels. e) Adequate time allotted to perform an ample soundcheck prior to admission of public. f) See attached stage plot and input list for additional sound requirements, --- Merchandise; a) Buyer shall furnish Chupacabra with adequate space, tables, and chairs for the sale of merchandise. b) Chupacabra shall retain sole and exclusive rights regarding the sale of all Chupacabra related merchandise. c) Chupocabra shall NOT be required to pay any commissions, fees, or per- centages of merchandise sales. -- 9. Guests of Chupacabra, at the band's discretion, shall be admitted for free. 10. Payment in full must be made in CASH, CERTIFIED CHECK, or CASHIER'S CHECK to Chupacabra no later than immediately after the performance. 11. If payment is based on a percentage of gross door receipts, Chupacabra reserves the right to provide a doorman. This doorman shall handle all monies, and shall have the right to approve or disapprove any guest. if Chupacabra decides not to provide a doorman, the Buyer must provide a ticket anifest/box office statement. AE?J 1'? ?o l Buyer's Signature and Date Chupacabra Signature and Date 5717 Arapahoe Road, Suite 201 Boulder, Colorado 80303 Phone: (303).°54$-0500/Fax: (303) 546.4492 GoodtimetoddPea iMix"et Syr ?„r ??, .,? ?.,. .r., ......, ?. ....J ??... ....J`.., _. .- - ..-- -"- Good Time Eute iainment OUTDOOR EVENT RIDER Contract#07042001 ChupaNottinghamPsrk The Buyer understands that outdoor events, in particular those without alternate indoor facilities are risky due to inclement weather conditions and that the Buyer is prepared to assume responsibility for the risks involved. For safety purposes, the Artist will not be obligated to perform on wet or damp surfaces or under conditions where precipitation poses a safety threat to the musicians, road crew, or their equipment.For-health reasons, the Artist will not be obligated to perform in an outdoor environment where the temperature is less than SS degrees Fahrenheit. THE BUYER UNDERSTANDS AND AGREES TO THE FOLLOWING: 1.. Should unsafe performing conditions or Inclement weather, as defined above, pre- vcnt the Artist from perforating, the full amount contracted is due to the Artist upon demostd. 2. Upon arrival of the Artist, road crew, or their equipment, the Buyer will determine where the Artist should set up. Should conditions change and become unacceptable, as defined above, after the Artist has begun to set up, the Buyer is obligated to pay the Artist upon demand. The Artist is not obligated to set up their equipment more than once. 3. Should the Buyer decide to we an alternate indoor locatlon in anticipation of incle- ment weather conditions and said conditions fail to materialize, the Artist is still not obligated to set up their equipment a second time. The Artist will perform at the Buyer's indoor location and be paid in full upon demand. The purpose of this rider is to inform the Buyer of the risks and obligations of sponsoring an outdoor event, and to clarify the provisions involved with the major concerns regarding outdoor events, namely inclement weather and unsafe staging areas. Agreed to and accepted by: Buyer's Signature and Date x 1 25 D ? Artist ignature and Date 5717 Arapahoe Road, Suite 201 Boulder, Colorado 80303 Phone: (303) 546r0500/Pa : (303) 546 0492 Goodtimetodd0earthjink.net Chupacabra Input List 2001 Ch# Input MWDI T Phtm Pwr Inserts Stand Type 1 Kids Beyer M88, Senn 421 ate SBRB 2 Snare Bete 57, SM 57 comp SBR8 3 Rack 1 Senn 421, Beta 98 ate SBRB 4 Floor Senn 421, Beta 98 gate SBRO 5 Overhead Left AKG 391, SM81 X TB 6 Overhead Right AKG 391, SM81 X TB 7 Congo Left AKG 535, SM57 X SBR8 8 Con a RI ht AKG 535, SM57 X SBRB 9 0868 Countryman DI X COMP 10 Guitar EV 409, SM57 comp SBRIB 11 Leslie High Left Beta 57, SM 57 TB 12 Leslie High Right Beta 57, SM 57 T8 13 Leslie Low Senn 421 SBRB 14 Ke rd Am EV 409, SM57 comp TS 15 Violin Am EV 409, SM57 TB 16 So Who Sax Countryman DI 17 Keys Vocal Beta 58 SM58 corn TB 18 Sax Vocal Beta 58, SM58 corn TB 19 Guitar Vocal Beta 58 SM58 corn T8 20 Bass Vocal Beta 58 SM58 Com p TB Lend Line 303.544.5876 Cell Phone 303.888.7311 PO Bax 7106 Boulder, CO 80306 Menlo January 26, 2001 To: Meryl or ,dy^ From: Sarah O ICE: -Salute to the USA Band Contract Summary Attached please find the contract between Good Time Entertainment and the Town of Avon for performance 5ervice5 by Cabaret DioSa at the 2001 Salute to the USA. Cabaret Dioca are known for their "Hi-Fi Latin Exotica" music. Their repertoire coneioto of claooic5 of the 1930'5 through the 1960'5; from the exotic lands of Cuba, Brazil, Hollywood, and Spanish Harlem. We feel they will be a headlining band for this year's Salute to the USA. Recommendation I recommend that Council approve and Sign the attached contract for performance 5ervice5 at Salute to the USA in the amount of $5,000. Town of Avon • P.O. Box 975 9 Avon, CO 81620 9 970-748-4032 b1/1bj:zUUl 1-j: U7 j JUJD40U47L l7UUL I IV= (N mr-L) u1Y111 rFiUt ql Good Time F altertainment CONTRACT #07042001 CobaretNottinglbamnPark Venue: Nottingham Park Performance Date: July 4, 2001 Physical Address: 325 Benchmark Rd., Avon, CO Mailing Address; Town of Avon, PO l3ox 975, Avon, CO 81620. Contact: Sarah Stoutenburgh-Lai Venue Phone: (970) 748-4032 Fax: (970) 949-0160 Artist: Cabaret Diosa or, (970) 949-9139 Wage agreed upon; $5,000.00 flat fee (Payment to be received no later than March 10, 2001) Venue capacity: 25,000 Potential Artist Earnings; $5,000.00 Load in time: approximately 2:00 p.m., advance w/Gary @ Quickbeam Audio Sound/Production: The Town of Avon has retained Quickbeam Audio to provide sound reinforcement and lighting for this performance to meet attached technical rider. Contact: Gary Matthews @ 800-227-6239. Number of sets/times: two 70-minute sets. Number of bands: two Position/slot: Headliner Showtime: 7:00 p.m. Hospitality: See attached contract rider. Hotel/Lodging: Complimentary double-occupancy hotel rooms provided for ten. Misc: All ages free "Salute to the USA" show, Chupacabra opens. ww , yon_org See attached Outdoor Event hider. Date sent: January 25, 2001 Agent Name/Signature: Todd Miller Buyer Name/Signature.- Date: Please see reverse side for additional terms and conditions, sign and return this document by fax to (303) 346-0492, and mail the original to the address below within seven days. If any changes atp necessary, please note them next to the Item in question and initial It. Thank you for working with Good Time Entertainmentl ,5717 AsapBhoe Road, Suite 201 Boulder, Colorado 80303 Phone: (303) 546-%0 00/f= (307%)!5 46- 0492 Goodtimetodd0earthlink-net 1J1 /:2b/2M I 1J: b'J Jul JUJn4bb4'J1 IUUUU IiMt & KtU UND [TIONAL TERM AND CONDITIO. rput b1 Agreement of Artist to perform is subject to detention in the event of illness, accident, civil unrest, strikes, epidemics, acts of God, or other conditions beyond the control of the Artist. In the case of such events, any deposits will be immediately refunded to the Buyer. This contract is not subject to cancellation by the Buyer without written notice to the Artist at least six (6) weeks prior to the performance date. Any such cancellation by the Buyer will result in forfeiture of any deposits paid unless the Artist can be contracted for another performance on the same date at a wage equal to or greater than the wage set forth herein. The deposit forfeiture is in addition to any other remedies afforded by law to the Artist. Additionally, non-payment of the deposit shall not relieve the Buyer of the obligations set forth herein. In consideration for the services rendered by Red Underground (herein referred to as `the Agency') in securing this contract (whether oral or written), the Artist, individually and by and through, Artist's management and representatives convenant and agree that the Agency remains the responsible and exclusive representative of the Artist for the Buyer. Furthermore, the Artist agrees to pay the specified commission for future Agency representation, and agree that the services rendered will be effective for a period of twelve (12) months, beginning from the date of the performance referenced in this contract. Likewise, the Buyer convenants and agrees that the Agency remains the responsible and exclusive representative of the Artist for the Buyer for the same time frame described herein. Artist and Buyer, individually and by and through, agree that receipt of this contract and commencement of performance shall be adequate confirmation of all terms embodied in this contract and all attached riders, and shall be binding on all parties, whether the document is signed or not. All attached riders are to be considered legally binding extensions of this contract. It is expressly understood by the Buyer and the Artist who are parties to this contract that neither the Agency nor its officers are party to this agreement in any capapity and that neither Red Underground, or it's officers, are liable for the performance breach of any provisions hereof This agreement shall be governed by, constructed, and enforced in accordance with the l4w§ p the Stag of Colorado. Artist and Buyer voluntarily submit themselves, }}diva ua1}YJ fly t} pugh, tq jurisdiction of the Superior Court of Boulder P y 'I . Ulf LJJ LrJr.J.L 1J• UJ JU JJTV VT JL - - - - I ll- - I- VI- I --- VJ Good Tine Entertainment Contract #: 07042001CabaretNottingbonWark CABARET DIOSA Contract Rider and Mandatory Provisions 1. This rider, and all provisions contained herein, shall be considered a binding part of the attached contract. 2. For public performances, radio, press, and marquee advertising must be employed at least two weeks prior to the event. 3. Private dressing room(s) with bathroom, to accommodate ten (10) must be provided at load-in. 4. Adequate parking for one thirty foot (30) bus adjacent to performance area. 5. Large cooler of ice, bottled water, sodas and two (2) cases of beer (premium domestic or import) shall be placed in the dressing room upon arrival of the band members. 6. One (1) hot meal for each band/crew member, tent (10) total. Buyout is optional at ten dollars ($10.00) per member. 7. Technical Requirements: Buyer agrees to provide the following: a) Venue and sound system capable of producing 110 dB at 125 feet from stage. Cabaret Diosa will not assume liability for "noise violations". b) A stage at least 24 feet wide, 12 feet deep, and 2 feet high. c) Two (2) 20 amp quad boxes (stage power) and one (1) 20 amp quad box (at front of house), d) A small lighting system of at least ten (10) dimmable PAR cans and adequate gels. e) Adequate time allotted to perform an ample soundcheck prior to admission of public. f) See attached stage plot and input list for additional sound requirements. 8. Merchandise: a) Buyer shall furnish Cabaret Diosa with adequate space, tables, and chairs for the sale of merchandise. b) Cabaret Diosa shall retain sole and exclusive rights regarding the sale of all Cabaret Diosa related merchandise. c) Cabaret Diosa shall NOT be required to pay any commissions, fees, or per- centages of merchandise sales. 9. Guests of Cabaret Diosa, at the band's discretion, shall be admitted for free. 10. Payment in full must be made in CASH, CERTIFIED CHECK, at CASHIER'S CHECK to Cabaret Diosa no later than immediately after the performance. 11. If payment is based on a percentage of gross door receipts, Cabaret Diosa reserves the right to provide a doorman. This doorman shall handle all monies, and shall have the right to approve or disapprove any guest. If Cabaret Diosa decides not to provide a doorman, the'Buyer must provide a ticket anifest/box office statement. 1/yj?o1 Buyer's Signature and Date Cabaret Diosa Signature and Date 5717 Arapahoe Road, Suite 201 Boulder, C-olorado 80303 Phone: (303) 546--0500/N.: (303) 546, 0492 GoodtilmetoddOeazthlink.net 01/2512001 13:09 3035460492 UUULJ IlMt & KtU UND rFAut n4 Good Time Entertainment OUTDOOR EVENT RIDER Contract#07042001 Cabo retNottingh>omPork The Buyer undeMtaada that outdoor events, in particular tbose without alternate indoor facilities are risky due to inclement weather conditions and that the Buyer is prepared to assume responsibility for the risks involved. For safety purposes, the Artist will not be obligated to perform on wet or damp surfaces or under conditions where precipitation poses a safety threat to the musicians, road crew, or their equipment. For health reasous;-the Artist will not be obligated to perform in an outdoor environment where the temperature is less than 55 degrees Fahrenheit THE BUYER UNDERSTANDS AND AGREES TO THE FOLLOWING: L. Should unsafe performing conditions or inclement weather, as defined above, pre- vent the Artist from performing, the full amount contracted is due to the Artist upon demand. 2. Upon arrival of the Artist, road crew, or their equipment, the Buyer will determine where the Artist should set up. Should conditions change and become unacceptable, as defined above, after the Artist has begun to set up, the Buyer is obligated to pay the Artist upon demand. The Artist is not obligated to set up their equipment more than once. 3. Should the Buyer decide to use an alternate indoor location in anticipation of incle- ment weather conditions and said conditions fad to materialize, the Artist is still not obligated to set up their equipment a second time. The Artist will perform at the Buyer's indoor location and be paid in full upon demand. The purpose of this rider is to inform the Buyer of the risks and obligations of sponsoring an outdoor event, and to clarify the provisions involved with the major concerns regarding outdoor events, namely inclement weather and unsafe staging areas. Agreed to and accepted by: Buyer's Signature and Date Artist Signature and Date 5717 Arapahos Road, Suite 201 Boulder, Colorado 80303 Phone: (303) 546-0500/f. (303) 546- 0492 Goodtimetodd@earthlink.net CJl / LZ11 LYJYJl I J. CJ7 JUo-14uu I JL pit- CD m Q Y D O N d m CC ?r (D I (@ g ae fx (D A r ..y Ali '• Yn r ;?!Gj n b1/15/1bb1 1:3: by JUJb4bU4'J1 IUUUV IlMt & Ktll UND Cabaret Bless Input list f-'AUt bb Input # dame.' Position- Reakemsnts.. a . Jon Drums. 1 MIC - KU 2 ton e Drums 1- Mic = sum .3 lon - Drumm .1 Mlc ?- Tom 1 4 I n srums 11Ylle -4em 5 !en . Drums 1.Mlc--.Tem-3- $ )8n DrumS . 1 MIc - Th"d .1 ton Drums 1 MIc - Dyerlumd-1 8.... ien - on=... 1 Intc--fYerb M,l 9 Mendel Percussion .1 b lc - .Con®a 1 10 11. Mendet. Mendel Pacusslon-, Percussion 1 tic - Ceng? 2. ? ?. -1 Nft = Bonen 12.. - Put . Buss • Direct fnpuEDeK: - 18 mind. Viols Direct hwW Box 15 $Srrln - Kim Guitar . IteyblorarK 1 IVNc =.6ultar Atnp:. Direct Ingo Bea - ... grant Tuet ..... 1 IYNc' .. . n AM $as ... . lift Aft, 29.. 21 22.. - Vint Raft. PW Be In . Female-Yscat Male vocal Bass Vocat -BURN-vocal 1 Mie _SVa t S .1 _td 1 M1C 1 oft - .23 IYilQuel _ llefe-vocat . IMtc ` . 24 OW TWIMpet go - 1111e 25 Kim/MI®uel Keyboard vocal 1 MIc - Boom Stand- ant :?1:eard - - - --- - - - - - 24 ?;. Meow H11M. 1= Drums/Fore. 2 = Bass .8 = Front Vex/Gultw d- wwGM/Nfflw .? ?-Le??.$f-n?-?yerb. YerS.-W?L ?Sr that-D1B? SA's?N-flsound) P[ WE #OOrOnOl oEljr, CNOOUSONOT ,ENOffels/l/ AGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY REGARDING TRAIL MAINTENANCE THIS AGREEMENT, made and entered into this day of , 2001, by and between the Town of Avon, Colorado (hereinafter referred to as the "Town") and the Eagle County Regional Transportation Authority (hereinafter referred to as "ECO"). WHEREAS, Resolution No.96-22 created ECO and provided for its duties and powers, which include determining grants and bikeway projects to be funded from the monies budgeted and appropriated therefor; and WHEREAS, on June 22, 2000, the ECO Board of Directors approved a policy (attached as Exhibit A) for how ECO funds would be expended for maintenance of the proposed core trail that is planned to link all of the communities of the Eagle and Gore valleys together, and that ECO will partially fund; WHEREAS, ECO has received a request for ECO finding from the Town, in accordance with the maintenance policy provisions adopted by ECO, for a contribution of $1,000 per mile of core trail to defray core trail maintenance expenses. This request is for $1,000 towards maintenance of one (1) mile of core trail from the western Town boundary to West Beaver Creek Boulevard and from Avon Road to Eaglebend Apartments along Hurd Lane. IN CONSIDERATION of that request, the parties agree as follows: That the section of core trail within the Town for which the ECO contribution is being requested will be maintained by the Town to the following minimum standard of maintenance: a. Trail is swept at minimum once a month. Sections that are heavily impacted by debris from adjacent roads, hillsides, etc. are swept more often if needed. b. Trail is inspected at minimum twice per month, including trail surface, adjacent shoulders or drainage areas, and including structures such as bridges, signs, etc. C. Weeds and vegetation control on each side of the trail occurs at minimum twice per year, including mowing where applicable d. Repair, replace or retrofit of trail surface, shoulders, striping, structures, etc. occurs as needed. e. Trash containers are emptied and trash along the trail removed as needed. f. Snowplowing is up to the discretion of the Town. 2. That the Town, will provide upon request by ECO, a full accounting of the annual costs of the core trail maintenance program within the corporate boundaries. 3. That the term of this Agreement shall commence on the date executed by both parties and shall terminate on December 31, 2001, unless the Agreement is extended by both parties prior to that end date. Any unexpended funds may be required to be returned to. ECO as well as any funds not properly expended according to project objectives. ECO may terminate this Agreement contract ho'wn between theme and the Gentr-aetet-on ten (10) days notice if it is deemed by ECO that the level of in 1-?, no+ as ?Sreed 4. ECO's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. One counterpart each has been delivered to ECO and to the Town. COUNTY OF EAGLE, STATE OF COLORADO by and through its REGIONAL TRANSPORTATION ATTEST: AUTHORITY C# k to the Regional Transportation Authority By: / e - . k1 Ke n oley, Chairman TOWN OF AVON ATTEST: By: Avon Town Clerk By: Judy Yoder, Mayor C EXHIBIT A ECO CORE TRAIL MAINTENANCE POLICY Adopted by ECO Board on June 22, 2000 1. Each ECO jurisdiction will be responsible for the maintenance of the portion of the core trail located within their boundaries. 2. ECO shall contribute, upon annual requests, $1,000 per core trail mile to each jurisdiction to defray the costs of maintenance. ECO shall have the ability to request per the provisions of a maintenance Intergovernmental Agreement, all records detailing expenditure of the maintenance funds. 3. ECO partners may also request as additional maintenance contributions as necessary for periodic sealcoating, overlays or reconstruction. These funds will be available to ECO partners and subject to a matching funds arrangement. 4. As part of the Intergovernmental Agreement between ECO and the entity that has received ECO funds to construct the trail (towns or county), a commitment to a consistent schedule of maintenance shall be entered into. This commitment shall also be part of the annual IGA to disburse requested maintenance funds. Snow plowing will be left up to the discretion of the individual jurisdiction. 5. ECO Trails will host an annual meeting of town and county personnel that oversee the maintenance of the core trail to discuss issues regarding maintenance standards, problems, solutions, enforcement and planning issues. 6. ECO will review the program annually as part of the ECO Annual Retreat agenda. ) (l 0 i 7. The ECO core trail maintenance fund will be capped at 10% of totalarevenues. 8. ECO staff will work with legal counsel and financial advisors to develop a method for increasing the funds available for annual maintenance and reconstruction disbursements. 9. ECO will assist partner jurisdictions to convert the "private" sections of core trail that exist into public easements (e.g. Riverwalk, Confluence, Arrowhead) to eliminate issues of inadequate maintenance and a fragmented public trail system. Trails should be brought into conformance to safety standards prior to acceptance and endowment from the granting entity sought to add to either the ECO maintenance fund or the maintenance funds of the underlying jurisdiction. 10. ECO will work with partner jurisdictions to explore other options for leveraging maintenance costs. For example, Squaw Creek Metropolitan District has volunteered to sweep the entire West Edwards path through this year, helping to defray the costs to the Eagle County of maintaining that particular section of trail in the unincorporated area. There may be similar partners within the towns or other portions of the unincorporated area. . Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer-? Anne Martens, Engineer I INZ? Date: February 7, 2001 Re: Avon Recreation Center Refurbishment of the Locker and Changing Rooms Design Services Proposal Summary: We received three proposals for architectural design services in response to the attached Request for Proposals for Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project dated January 4, 2001. The proposals received were in general conformance with Request for Proposals and are summarized as follows: Vail Architecture Group, Inc. (VAg) $ 22,500 (plus estimated reimbursables of $1300) McMenamin Davis Architects, LLC. (McDA) $ 31,270 (includes reimbursables) Victor Mark Donaldson Architects (VMDA) $ 39,300 (plus reimbursables not to exceed $690) Complete copies of these Proposals are available in the Town Clerk's Office for those that are interested in reviewing them. All of the Proposals are in general conformance with the Request for Proposals and services provided by the proposed Base Fees are very similar. In general, the higher base fees include more complete services and more extensive use of specialized consultants for portions of the design. Special Consultants typically include Electrical/Mechanical Engineering, and Construction Services Companies for cost, material and scheduling Analysis. In order to evaluate these proposals which proposed very similar services, the content of the proposals was divided into three separate categories. These categories were Design Team Qualifications and Accessibility, Quality of Proposal and Proposed Fee for Services. By evaluating the proposals in each of these categories and then recombining these into an overall evaluation, the two best proposals appears to be those submitted by Vail Architecture group, Inc. and Victor Mark Donaldson Architects. l:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\Recommendation MemO.Doc The services proposed by Vail Architecture group, Inc. are expected to be somewhat less expensive due to use of a material scientist for material recommendations and in-house construction cost and scheduling services. The Proposal submitted by Victor Mark Donaldson Architects was rated slightly higher due to the level of expertise provided by the proposed subconsultants in the areas of construction cost, materials and scheduling analysis (J.T. Berga & Company, Inc.) and electrical / mechanical engineering (M-E / Yoder Engineers, Inc.). J.T. Berga & Company, Inc. is very familiar with mountain area construction costs and has constructed several similar types of facilities. Yoder Engineering has been involved with the construction of the Avon Recreation Center since its inception and is very familiar with the mechanical / electrical systems. Based on this analysis, the initial recommendation is approval of the Proposal submitted by Victor Mark Donaldson Architects for Design Services for Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project. Financial Implications: The proposed base fee is within the 2001 project budg€t of $ 250,000.00. Recommendations: Approve the Proposal submitted by Victor Mark Donaldson Architects in response to the Town's Request for Proposals, dated January 4, 2001, for Avon Recreation Center Refurbishment of the Locker and Changing Rooms / Design Services with a Base Services Fee not to exceed $ 39,300 plus reimbursables not to exceed $690.00. Alternatives: Approve the Proposal submitted by Vail Architecture group, Inc. in response to the Town's Request for Proposals, dated January 4, 2001, for Avon Recreation Center Refurbishment of the Locker and Changing Rooms / Design Services with a Base Service Fee not to exceed $ 22,500 plus estimated reimbursables of $1,300. Town Manager Comments: co-IG"vI. C,-rfcv 1po,t^ldW-I SP(Olk'? w:fA Narw? f?( 5,,6 Lot F I S e", b c S f I:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\Recommendation Memo.Doc 2 V and = ON J ARCHITECTS Dear Norm: February 1, 2001 Mr. Norman Wood, P.E. Town Engineer Town of Avon 500 Swift Gulch Road Avon, CO 81620 Re: Cost Proposal Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project 0048 E BEAVER CREEK BLVD SUITE 207 Box 5300 AVON, CO 81620 970.949.5200 vmdo@vmdo.com FAXN949.5205 The following is our breakdown of Professional Fees by Phase and Consultant for your consideration. The Scope of Work for each Phase is identified on our Statement of Final Work Product by Phase (included herein). VMDA JTB MEY TOTAL Phase 1: $ 4,120.00 $ 500.00 $ 1,000.00 $ 5,620.00 Phase 2: $ 9,130.00 $ 1,250.00 $ 1,300.00 $11,680.00 Phase 3: $16,650.00 $ 1,250.00 $ 1,000.00 $18,900.00 Phase 4: $ 3,100.00 - - $ 3,100.00 TOTALS $33,000.00 $ 3,000.00 $ 3,300.00 $39,300.00 The following are our Not To Exceed ("NTE") costs for reimbursable expenses. Since the Project and all our team members are local, I did not see the need for Postage, Mileage, Travel, Meals or other such reimbursables. Photocopies/NTE $125.00 Blueprints/NTE $360.00 Photographs & Printing/NTE $ 65.00 Plotting/NTE $140.00 TOTALS/NTE $690.00 Respectfully Submitted, Mark Donaldson, AIA VICTOR MARK DONALDSON ARCHITECTS N RATES for PROFESSIONAL TIME and EXPENSES for VICTOR MARK DONALDSON ARCHITECTS, P.C. January 2, 2001 A WHSW AL TIME: Director of Design Senior Project Manager Project Manager Project Architect/Project Coordinator Production Coordinator CADD Technician Administrative REIMBURSABLE EXPENSES: 8.5 x 11 photocopies 24 x 36 blueline prints 30 x 42 blueline prints 24 x 36 plot 30 x 42 plot 8.5 x 11 Photographic Color Reproductions 11 x 17 Photographic Color Reproductions 8.5 x 1 I Photographic Glossy Film Color Copies Long distance telephone charges Federal Express, UPS, Express Mail, Postage Mileage Photography Outside reproductions Respectfully Submitted, Mark Donaldson, AIA President/Director of Design VICTOR MARK DONALDSON ARCHITECTS, P.C. 0048 E BEAVER CREEK BLVD SUITE 207 Box 5300 AVON. CO 8162" 970.949¦520U vmd@vail.net Fax0949o5205 $ 125.00 per hour $ 100.00 per hour $ 85.00 per hour $ 75.00 per hour $ 65.00 per hour $ 55.00 per hour $ 35.00 per hour $ .15 each $ 1.50 each $ 2.00 each $ 10.00 each $ 15.00 each $ 9.50 each $ 16.00 each $ 12.00 each 1.1 of cost 1.1 of cost $ .315 per mile 1.1 of cost 1.1 of cost 7 i ?i F. List of Service Costs Thank you for the opportunity of submitting this Cost Proposal for Professional Services. This proposal is based upon a fixed fee agreement as outlined herein. Upon your acceptance of these services this contract will become the basis for an AIA B 141 Standard Form of Agreement between Owner and Architect. I. SCOPE OF SERVICES The scope of the project is to provide the professional services in connection with the design, documentation and contract administration for a remodel of the Avon Recreation Center Locker and Changing Facilities. The general scope included in the remodel involves integrated locker area design, flooring investigation and reconstruction, vanity : shower : toilet stall investigation and remodel, design for additional storage and custodial space and mechanical water system study. We will provide a set of schematic design, design development and architectural construction documents, as well as contract administration services for the facility as outlined below. II. PROFESSIONAL SERVICES General Services will be as outlined below and in accordance with the requirements of all applicable building codes and accessibility regulations. We will coordinate the services of all consultants as required through our office. Specific The specific services to be supplied, listed in order of phases, will be as follows: A. Survey & Programming 1. Survey and electronic documentation of existing conditions. 2. Existing conditions report with recommendations for spatial needs design, material and fixture replacements and mechanical and electrical refurbishment. 3. Survey of personnel to assist in program. 4. Meeting to present program requirements. 5. Meeting to approve a program. 6. Review and approval of program as required. B. Conceptual & Schematic Designs 1. Meetings to present the conceptual design. 2. Provide schematic design drawings consisting of an evaluation plan, floor and ceiling plans, material and fixture evaluations and any interior elevations for review. 3. Incorporate Town & P:Z changes, additions or deletions to preliminary design into design development drawings for approval. 4. Develop floor plans, ceiling plans, interior elevations, material system proposals and conceptual building sections as required for Town & P:Z evaluation. 5. Prepare a Preliminary Opinion of Probable Cost. 6. Prepare Design Development documents upon written approval from the Town & P:Z. C. Design Development 1. Prepare and submit design drawings for Town & P:Z review. 2. Meetings to program any additional requirements for the facility refurbishment. 3. Design and coordination of the material, fixture, mechanical and electrical systems. 4. Provide design development drawings consisting of demo & sequencing plans, floor plans, ceiling plans, interior elevations, material system specifications, fixture schedules and specifications, building sections, details and mechanical drawings for review. 5. Revise Preliminary Opinion of Probable Cost. 6. Prepare Construction Documents upon written approval from the Town & P:Z. VAg, Inc. Architects & Planners 1 1 1 / 1 1 1 1 1 III. IV ?i D. Construction Documents I Demo Plans as required. Construction sequencing plans. 3. Floor plans indicating revised locker and changing room layouts, any revised wall and door locations and extents of refurbished floors. 4. Reflected ceiling plans. 5. Interior elevations. 6. Building sections as required. 7. Details as required. 8. Material system specifications. 9. Fixture schedules and specifications. 10. Specifications of finishes as required. 11. Mechanical and electrical drawings and specifications. 12. Provide Final Opinion of Probable Cost. 13. Provide submission as required for the Town of Avon Planning and Zoning Commission for Design and Building Permit. E. Chec king and Revisions Phase 1. Review of the Construction Documents for general coordination and constructability. This effort is for reduction, not total elimination of errors and omissions. 2. Issue a 98% complete Construction Document set to Town & P:Z for review and comment. 3. Incorporate Planning/Building Department and Agency plan check comments into the Construction Documents. 4. Obtain Town & P:Z written approval of Construction Documents and authority to release for bid. F. Bidding & Negotiation Phase 1. Incorporate responses to Bidder's questions into Construction Documents. 2. Incorporate minor changes for value engineering into the construction documents for bid. 3. Open bids with Town & P:Z. 4. Aid in the selection of the General Contractor. G. Construction Administration 1. Provide shop drawing review. 2. Provide payment application review. 3. Provide 6 architectural and 2 mechanical/electrical non-exhaustive site visits. 4. Provide a final site visit including a Punch List and Certificate of Substantial Completion. OWNER'S REQUIREMENTS L Furnish and render decisions on information and services as expeditiously as necessary for . progress of the work. 2. Provide previous construction documents for use in this project. 3. Provide adequate notice prior to required site visits. AVAILABLE MISCELLANEOUS SERVICES - as requested as additional scope. 1. Additional design iterations beyond the two provided. 2. Renderings and models. 3. Additional Construction Administration beyond that stated previously. VAg, Inc. Architects & Planners ?i V. TERMS OF PAYMENT Professional Fees These fees are based upon the evaluation, design and documentation as referenced above. - Architectural Service Fixed Fee of $22,500.00. - Estimated Consultant Fees (These fees are included in the lump sum Architectural fee) Materials Scientist: $3,500.00 Mechanical / Electrical Engineer: $2,500.00 Structural Engineer: $1,500.00 Additional fees for the consultant services covered above may be required. It is the professional opinion of this firm that the amounts included above should cover the proposed design. If these fees through no fault of the Architect increase by 5% or more the owner agrees to cover the associated increases. Additional work, not herein described or services listed under available miscellaneous services may be requested as additional scope. This work will be billed the VAg hourly rate schedule below: $125.00/HR Principal $95.00/1-111 Project Architect $75.001HR Project Manager $65.00/HR Support $35.00/HR Clerical Reimbursable expenses are estimated at $1,300.00 and are not included in the number above and do not include the blueprinting of construction and bidding sets. All additional expenses for consultants not included in this proposal, plotting, printer plotting, blueprints, telephone calls, faxes, postage, mileage, and messengers, etc, are to be reimbursed at 115% of direct cost. Invoices will be prepared monthly and payment is due within 30 days of invoice date. Late payments will be subject to 1.5% interest per month. VAg, Inc. Architects & Planners ?i VI. LIMIT OF LIABILITY In recognition of the relative risks and benefits of the project to both the Owner. Architect and Representative. the risks have hccn allocated such that the Owner and Architect agrees, to the fullest extent by law, to limit the liability of the Representative and his or her sub-consultants to the Owner and Architect for any and all claims, loses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of the Representative and his or her sub-consultant to all those named shall not exceed the Architect's total fee for services rendered on this project of $150,000.00 whichever is greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. VII. COPYRIGHT Accepted By: The drawings, specifications and other documents prepared by the Architect (Vail Architecture group, Inc.) for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided in writing, the Architect shall be deemed the sole and exclusive author of these documents and shall retain, without limitation, all common law, statutory and other reserved rights, including the copyright hereof. No person, whether having come rightly into possession hereof or otherwise, shall employ these documents on any other project, nor for additional to this Project nor for the completion of this Project by others, unless with the prior express written consent of the Architect and upon appropriate compensation to the Architect in an amount and kind satisfactory to the Architect. The Architect expressly claims all proprietary rights in the material which is issued in confidence for design an/or construction purposes of this Project as noted. These materials may not be copied, notified, nor employed in any way without the specific prior written consent and permission of the Architect. © Vail Architecture group, Inc. All rights reserved. Sincerely, Vail Architecture group, Inc. Brian T. Judge, Principal Vail Architecture group, Inc. T. Scott Kyle, Senior Project Architect this day of 2001. Mr. Norman Wood Town Engineer P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 VAg, Inc. Architects & Planners February 1, 2001 Mr. Norman Wood, P.E., Town Engineer Town of Avon Swift Gulch Public Works Complex 500 Swift Gulch Road P. O. Box 975 Avon, CO 81620 SUBJECT. AVON RECREATION CENTER REFURBISHMENT OF LOCKER AND CHANGING ROOMS - DESIGN SERVICES Dear Mr. Wood: McMenamin Davis Architects is pleased to submit our proposal for architectural and engineering services for the subject project based on information presented in your Request For Proposal (RFP) and at the Pre-Proposal Meeting: SCOPE OF WORK: Provide architectural design services for development of final design and preparation of construction drawings, contract and bid documents, cost estimates and review through bid and construction process. BASIC SERVICES will be provided in the four phases as outlined in the RFP: Phase 1 - Information Gathering: Includes interview with Client to establish a finite needs and requirements program; establish city approval requirements; and collect existing building and site data necessary to design the project (includes reimbursable costs for this phase) .......................................... $2,770 Phase 2 - Development of Preliminary Plan: Includes preliminary floor plan; estimate of probable construction cost; one (1) biweekly progress review meetin • one (1) presentation to own Council (inc u es reimbursable costs for this phase) ................. .................................................... $9,660 ¦ Phase 3 - Development of Final Plan: Includes complete construction drawings and specifications; final estimate of probable, construction cost; assistance with development of construction contract and bid documents; evaluation of construction bids and recommendations for award of construction contract; one (1) biweekly progress review meeting; one (1) presentation to Town Council (includes reimbursable costs for this phase) ....................................................... $12,320 ¦ Phase 4 - Optional Contract Administration Services: Includes periodic field review of construction progress, clarification of questions regarding plans and specifications and shop drawings and materials submitted and review of requested changes and corrections proposed during construction (includes reimbursable costs for this phase) ..................... .. $6,520 Total Lump Sum Fee - Design Services ..................................................... $31,270 McMenamin Davis Architects A Colorado Limited Liability Company 808 Spyglass Circle • Louisville, Colorado 80027.3246 TEL 303.665.4592 - FAX 303.665.4593 - mail®McDArchitects.com i AVON RECREATION CENTER REFURBISHMENT OF LOCKER AND CHANGING ROOMS - DESIGN SERVICES February 1, 2001 Page 2 ADDITIONAL SERVICES shall be provided if authorized or confirmed in writing by the Owner and shall be paid for by the Owner. Such Additional Services shall include any other services not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted architectural practice. Additional Services shall include but not be limited to the following: 1. Topographic surveys and information. 2. Geological test borings. 3. Construction inspection or testing. 4. Environmental investigation/testing. 5. Architectural 3-D renderings or models. 6. Post-construction record drawings. REIMBURSABLE EXPENSES shall include expenses incurred by the Architect, the Architect's employees and the Architect's consultants, in the interest of the Project, to be paid by the Owner to the Architect in addition to the fees for Basic Services. Reimbursable expense categories shall include the following: 1. Reproductions 2. Plots 3. Postage and handling of drawings and specifications 4. Long-distance phone charges TERMS AND CONDITIONS: 1. Invoices for architectural services shall be prepared on the first day of each month. The required payment for that period shall be a percentage of the lump sum equal to the percentage of work performed to date. 2. Payments shall be due and payable 30 days from the date of the Architect's invoice. Any amount unpaid 30 days after the invoice date shall bear interest at the rate of 1-1/2% per month. 3. Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. 4. The Architect's liability shall be limited to a maximum of $100,000. 5. This proposal represents the entire integrated agreement between the Owner and the Architect and supercedes all prior negotiations, representations or agreements, whether written or oral. The Agreement may be amended only by written instrument signed by both the Owner and Architect. 6. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner, in excess of that normally carried by the Architect or Architect's consultants. 7. Fees for securing approval of authorities having jurisdiction over the Project shall be paid separately by the Owner. McMenamin Davis Architects A Colorado Limited Liability Company 808 Spyglass Circle • Louisville, Colorado 80027.3246 TEL 303.665.4592 • FAX 303.665.4593 • mail@McDArchitects.com AVON RECREATION CENTER REFURBISHMENT OF LOCKER AND CHANGING ROOMS - DESIGN SERVICES February 1, 2001 Page 3 AUTHORIZATION: Should this proposal meet with your approval, please sign and return one copy, along with the requisite retainer, as our authorization to proceed with the work. If you have any questions regarding this proposal please do not hesitate to call. Sincerely. Gregory H. McMenamin, AIA President McMenamin Davis Architects, LLC Norman Wood, P.E. Town Engineer Town of Avon, Colorado Date M c M e n a m i n D a v i s A r c h i t e c t s A Colorado Limited Liability Company 808 Spyglass Circle - Louisville, Colorado 80027.3246 TEL 303.665.4592 • FAX 303.665.4593 • mail@McDArchitects.com NOTICE REQUEST FOR PROPOSAL January 4, 2001 The Town of Avon is requesting proposals for the design of the Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project. Sealed proposals will be received up to 3:00 PM, MST, February 1, 2000, at the office of the Town Engineer located in the Swift Gulch Public Works Complex at 500 Swift Gulch Road or by mail to: Town Engineer, Town of Avon, P.O. Box 975, Avon, CO 81620. Proposal packages are available at the office of the Town Engineer, or by calling (970) 748-4100. Services requested include: Architectural design services for development of final design and preparation of construction drawings, contract and bid documents, cost estimates and review through bid and construction process for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms. A mandatory pre-proposal conference will be held at the Avon Municipal Building, Town Council Chambers, on Friday, January 19, 2000 at 10:00 AM, MST. The Town of Avon reserves the right to reject any and all proposals, to waive any informalities in the process, and to make the award in such a manner as it may deem right and proper for the best interests of the Town of Avon. Published Eagle Valley Enterprise Vail Daily January 4, 2001 January 11, 2001 January 18, 2001 I:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP-Notice.Doc REQUEST FOR PROPOSALS PROJECT: Avon Recreation Center Refurbishment of Locker and Changing Rooms - Design Services CLIENT: Town of Avon c/o Norman Wood, Town Engineer P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 DATE: January 4, 2001 PART ONE: INFORMATION FOR PROPOSERS 1.01 SUBMISSION OF PROPOSAL Proposals will be received at the Swift Gulch Public Works Office of the Town of Avon Attn: Norm Wood, Town Engineer PO Box 975 500 Swift Gulch Road Avon, CO 81620 By 3:00 PM, MST, February 1, 2001 Proposals must be sealed and labeled "Proposals - Avon Recreation Center - Refurbishment of Locker and Changing Rooms - 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 and / or Town Staff. The successful proposer will explore options with the Town to replace and / or repair facilities in the Locker and Changing Rooms. The materials to be utilized should be consistent with similar types of uses and provide durability and functionality. The final deliverable to the Town will be complete construction plans, specifications and contract documents including unit price bid forms, and a construction cost estimate for work expected to be bid and constructed in 2001. \\PW\SHARED\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 1 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 PROPOSAL/PROPOSED 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 proposers approach or proposed method to complete the work, education and experience of all professional personnel assigned to the project, previous experience with similar projects, ability to perform work on schedule and within budget, and geographic proximity (or ability to serve this project from proposers office/service location). Tentative Proposal and Project Timetable RFP Issue Date January 4, 2001 Pre-Proposal Meeting (Mandatory) - Council Chambers - 10 AM January 19, 2001 Proposals Due by 3:00 PM February 1, 2001 Council Awards Contract for Design Services February 13, 2001 Preliminary Design & Mapping Complete March 5, 2001 Town Council Review March 13, 2001 Final Design Complete April 13, 2001 Final Plan Review - Town Council April 24, 2001 Final Plans & Construction Documents Complete April 30, 2001 1.05 INCURRING COST STATEMENT The Town is not liable for costs incurred by bidders 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 Contract shall consist of the contract instrument as negotiated and this request for proposal. \\PW\S HARE MEngineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 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, arc 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 the firm. B. REFERENCES Provide a list of references and phone numbers that may be contacted regarding firm performance. C. PROJECT HISTORY 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. Team proposals are encouraged (electrical engineers, HVAC engineers and ADA consultants). 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 \\PW\SHARE D\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 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 for the duration of this proj ect. 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 consultant. 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 be the culmination of input from the Town Staff, the Town Council and the Planning and Zoning Commission. B. Design and Cost Estimating 1. Construction cost estimating. 3. Construction plans, specifications, contract documents and bid forms. 4. Construction contract administration. C. Be an equal opportunity employer. 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. \\PW\SHARED\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 1. 11 PROJECT BUDGET The Town has established a total Budget of $250,000. This budget is intended to include all professional fees, construction costs, contract administration and testing, plus all other incidental costs incurred in taking the project to completion. 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, bonds, insurance, licenses and permits, and performing all tasks necessary to accomplish work items concerning the design and development of construction documents, unless specifically excluded as agreed upon by contract negotiations. 2.02 DUTIES OF CONSULTANTS Consultants shall diligently undertake and perform all work required by the contract. Consultant agrees to devote the number of persons and level of effort necessary to perform and complete the work in a timely manner. All work done will be performed to the highest professional standards and will reflect the thoroughness, attention to detail, and application of knowledge expected of professional consultants in the field. 2.03 OBTAINING DATA It shall be the Consultant's sole responsibility to obtain all data necessary to complete the work in a timely manner. Town shall make any data in its possession that is relevant to Consultant's activity, available to Consultant upon request. Requests shall specify the type of information sought, and the period for which the data is required; however, the Consultant may not require Town to seek reports from other agencies or to prepare original research. It shall be the Consultant's duty to discover and obtain data, research and reports prepared by public or private sources other than Town from the custodian. Town does not vouch for the accuracy of any data other than its own. Data furnished by Town shall be considered accurate only for the purpose for which it was originally gathered. Consultant shall be solely responsible for any conclusions drawn from the data. 2.04 CHANGES Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event Consultant encounters circumstances which it believes warrants a change in the price, quality, quantity or method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the \\PW\S HARE D\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc contract price for changed work. It shall be Consultant's sole responsibility to notify the project manager in advance, in writing, of any work that it considers to be changed or extra. Failure to do so, and to provide and to receive approval before processing, shall waive any claim for additional payment. 2.05 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, Consultant shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, Consultant shall obtain any permission required prior to entering upon private property to perform any task required. In the event Consultant is denied access to private property, Consultant shall immediately notify the project manager and give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site that may be used for the same purpose. Town shall thereupon endeavor to assist Consultant in gaining any required access. 2.06 CARE OF PUBLIC AND PRIVATE PROPERTY Consultant shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. Consultant shall be liable for any damage done through its fault or that of its subcontractors and shall restore any damaged property to the same or better condition as it was prior to Consultant's interference. 2.07 PAYMENTS Consultant shall invoice Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and subcontractor charges to date of invoice. Approved invoices are paid within thirty days of presentation. 2.08 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate this contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to Consultant at its address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of termination, Consultant shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, Consultant shall be entitled to receive an amount equal to the cost of work performed to date, including the cost of terminated subcontracts provided that in no case shall the amount allowed exceed the maximum contract price plus authorized change orders. \\PW\SHARED\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 2.09 TERMINATION FOR DEFAULT Upon failure of the Consultant to make satisfactory progress or failure to abide by the terms of the contract, or to obtain, furnish or keep in force any required permit, license, bond, or insurance, the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Consultant at its address upon the records of the agency. Notice shall be effective when mailed. Upon receipt of notice, Consultant shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another consultant to do so and charge the excess cost thereof to Consultant. 2.10 DISPUTES In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall consider the request and respond in writing within ten (10) days giving findings and the reasons for them. Any person dissatisfied with the findings of the Town Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The Town Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by fraud. 2.11 ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.12 SUBCONTRACTORS Specialty subcontractors or subconsultants may be used to perform such work as is customary in Consultant's profession; however, reports required shall be presented by the Consultant who shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for fieldwork shall contain clauses similar in form and substances to the equal opportunity, termination for convenience, insurance and labor clauses found in this agreement. 2.13 CONSULTANT'S REPRESENTATIVE Consultant shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Consultant upon all matters pertaining to this agreement. Consultant's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. \\PW\SHARED\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 2.14 INSURANCE A. In addition to such other insurance that may be required under this contract, the Consultant 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 Consultant will be charged with the responsibility for proper and adequate workman's compensation coverage for all his subcontract operations and in the event Consultant'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 Consultant 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. 2.15 EEO PROVISIONS The Consultant shall comply with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The Consultant shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.16 TIME OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this 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. \\PW\SHARE D\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc Extension of time as provided above will be considered by the Town only upon receipt of written request from the Consultant, accompanied by written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions that have operated to prevent completion of the work within the specified time. 2.17 DUTIES AND OBLIGATIONS OF CONSULTANT The consultant shall: A. Make payment promptly, as due, to all persons supplying to such Consultant, labor or material for the prosecution of the work provided for in the contract. B. Not permit any lien or claim to be filed or prosecuted against the Town on account of any labor or materials furnished. C. Pay to the Department of Revenue all sums withheld from employees pursuant to local/state statutes. 2.18 PAYMENT OF CLAIMS BY THE TOWN If the Consultant fails, neglects, or refuses to make prompt payment of any claim of labor or services furnished to the Consultant or subcontractor by any person in connection with the contract as such claim became due, the Town may pay such claim to the person furnishing the labor or services, and charge the amount of the payment against funds due, or to become due the Consultant, by reason of this contract. 2.19 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE In the event of termination of a contract for convenience of the Town, provisions shall be made for the payment of compensation to the contractor. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the Consultant: A. Shall be determined on the basis of the contract price in the case of any full- completed separate item or portion of the work for which there is a separate or unit contract price; and B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. \\PW\S HARE D\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 2.20 MAXIMUM HOURS OF LABOR - HOLIDAYS - EXCEPTIONS The Consultant agrees that no person shall be required or permitted to labor more than eight hours in any one day, or 40 hours per week, without compensation in accordance with applicable State and Federal laws and/or regulations and Consultant's established and published compensation policies. 2.21 INSPECTION OF PAYROLL RECORDS The Consultant agrees that: A. The Town, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. All required records must be appropriately maintained by the consultant/vendor for three years after final payment, and all other pending matters are closed. 2.22 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. 2.23 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. 2.24 STANDARDS OF CONDUCT No member, officer, or employees of the Town, or its designees or agents, nor member of the governing body or agency, and no other public official or agency who exercises any functions or responsibilities with respect to this contract during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated in all subcontracts, a provision prohibiting such interest. PART THREE: THE WORK STATEMENT 3.01 NEEDS ASSESSMENT The Avon Recreation Center was opened to the public in 1995. Between 300 and 400 patrons use the Recreation Center per day. The Town of Avon wants to implement the \\PW\SHARE D\Engineering\CIP\Rec Center RefurbisM2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 10 design process to refurbish the locker and changing rooms in the Recreation Center. The final appearance should be consistent with the existing Recreation Center and the materials should be specified for durability, safety, and ease of maintenance under heavy use. 3.02 GOALS The primary goal of the Town is to provide easily maintained, durable, safe and functional locker and changing rooms. The redesign of the locker and changing rooms include the lockers, seating areas, floors, shower stalls, vanities, urinals, water closets and storage. Alternate materials and costs will need to be presented to staff for review. The end result will be more functional locker and changing room area with high quality materials to withstand heavy use. It is required that the project complies with the budgetary constraints described in section 1.11. 3.03 SURVEY INFORMATION The Town will provide copies of applicable Avon Recreation Center construction drawings to the selected design team. These drawings are not record or as built drawings and all verification of information will be the responsibility of the design team. 3.04 SCOPE OF SERVICES Responses to this Request for Proposals shall be based upon the following Scope of Services: A. Provision of all architectural design services including, but not limited to electrical and mechanical engineering, as required to complete preparation of construction plans, specifications and contract documents for the above described project. B. Provision of electronic file copies be provided to the Town of Avon at the completion of the design process. C. Coordination and facilitation of all work required to complete the design to allow construction in conformance with the schedule as outlined below to minimize the period of construction and inference with Recreation Center Operations. Advertise for Construction Bids 5110 - 5/24M' Open Construction Bids 5/31/01 Award Construction Contract 6/12/01 - - Construction -- - - - 10/21 - 11/3/01 D. Coordination and facilitation of all utility relocation and modification as necessary to complete the project. \\PW\SHARED\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc I1 E. Provisions for a minimum of two (2) presentations and / or meetings with the Avon Town Council to discuss phases in on the construction process. Also biweekly meetings with Town Staff to review design progress. F. Provision of detailed project cost estimates at completion of Preliminary Design, Final Design, and Construction Plans, Specifications & Bid Documents. G. Evaluation of construction bids and recommendations for award of construction contract. H. Minimum services to be provided during construction will include periodic field review of construction progress, clarification of questions regarding plans and specifications and shop drawings and materials submitted and review of requested changes and corrections proposed during construction. Capability for providing full contract administration services during construction should be addressed in the Proposal. 3.05 RESPONSE REQUESTED BY TOWN The consultant's role is viewed in distinct phases. Phase I - Information gathering. This is a function of, a) input sessions from the Town and designated interest groups and, b) initial data collection such as verifying existing conditions with construction plans. Phase 11- Development of a preferred preliminary plan with alternate solutions with cost estimates. This includes a meeting with staff to review option. The preliminary plan and cost estimate will be presented to the Avon Town Council. Phase III - Development of a final plan to include construction drawings, final cost estimate, and construction contract and bid documents. Phase IV - Basic services during construction as described in 3.04 H with construction anticipated in the summer/fall of 2001. The Proposal should address the phases as outlined above with the fee and scope of services for each phase clearly shown in accordance with Section 1.09 F. Optional services, which should be included separately in the Proposal, include the provision of legal surveys if required for construction and the provision of full contract administration services during construction. \\PW\SHARE D\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.2 RFP & Proposals\RFP.doc 12