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TC Council Packet 02-27-2001Town Council Meetings Roll Call Check Sheet Michael Brown Debbie Buckley V Peter Buckley V Rick Cuny Mac McDevitt f Buz Reynolds Judy Yoder 4 ?`,V v Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Date: 2/27/01 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 Jeff Layman Charlie Moore Norm Wood Meryl Jacobs Bob Reed i Mike Matzko Other Staff: Harry Taylor 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 27, 2001, AT 3:15 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:15 PM - 4:00 PM 1.) Storm Drainage & Capital Projects Update 4:00 PM - 4:30 PM 2.) Wildridge Undergrounding Electric Cables 4:30 PM - 4:45 PM 3.) Transportation Alternatives 4:45 PM - 5:00 PM 4.) Gondola Discussion 5:00 PM - 5:15 PM 5.) Staff Updates 5:15 PM - 5:30 PM 6.) Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC f AVON,COLORADO BY: 1 Nash Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 23, 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 To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer/ Date: February 22, 2001 Re: Capital Improvements Program Update Summary: Some things have occurred or changed since the Capital Improvements Program was adopted last year that have significant impacts on the Program. The Village at Avon has made significant progress toward developing a Phase I construction schedule and plans. These plans and schedule have major implications on at least two of the Capital Projects scheduled for this year. Their preliminary designs indicate that a major storm drainage facility will need to be constructed along Stonebridge Drive from the railroad tracks to the river. Also, Stonebridge Drive may be required to provide construction access to the site due to the current schedule for I-70 Interchange and the US Highway 6 connection. These situations basically preclude the Eaglebend Drive Streetscape Improvements that were scheduled for this year. The Village funding schedule for construction is not projected to be available until September of this year. This does not provide adequate time to complete construction of the East Beaver Creek Blvd. Streetscape Improvements this year. Another issue related to the East Beaver Creek Blvd. and East Avon Access and Circulation Streetscape Improvements was the design concerns expressed by the Avon Business Association. Apparently this issue has now been addressed. These factors have major implications on the proposed construction schedule for these two projects. With the First Phase of the Village Development currently scheduled to come on line in the Fall of 2002, we believe it is extremely important that the East Avon Access and Circulation Streetscape Improvements be completed prior to that time. We believe this is necessary if the vitality of this central business area is to be maintained. I.\Fngineering\Administration\CIP Budget\Update Memo Feb 0I.Doc The Preliminary Storm Drainage Plan is now complete with preliminary designs and cost estimates for the Metcalf and Buck Creek drainage areas. The Town is now proceeding with development of a Town Center Plan that was started after adoption of the Capital Improvements Program Budget. Current indications are that implementation of this Plan could have major impacts on proposed Buck Creek Drainage Improvements that is currently scheduled for this year. Because of these new or unanticipated situations, we would like to review possible revisions to the current Capital Improvements Program. A Capital Improvements Update and a draft a revised Capital Projects Fund 5-Year Plan are attached for discussion purposes. Suggested revisions are shaded on the attached 5-Year Plan. If a revised Capital Improvement Program is to be implemented, a Budget Revision will be presented to Council for adoption at a subsequent regular council meeting. Town Manager Comments: I:\En&eering\Administration\CIP Budget\Update Memo Feb 01.Doc 2 CAPITAL IMPROVEMENTS UPDATE February 19, 2001 Information Center / 1-70 Budget: $ 100,000 Status: No Progress Recreation Center Refurbish Budget: 2001 $ 250,000 Status: Design Architect Selected Anticipated Progress: Complete Design 05/01 Award Construction Contract 06/01 Construction Complete 11/01 Notes: Costs May Exceed Budget Based On Current Scope & Construction Constraints Recommendation: Proceed as Planned Eaglebend Drive Streetscape Improvements & Entry Sign Budget: 2001 $ 385,000 Status: Design Engineer Selected Anticipated Progress: Design on Hold Pending Avon Village Decisions Notes: Avon Village Infra-Structure Construction may Impact Eaglebend & Stone Bridge Drive Significantly with Construction Access and Storm Drainage Routing Recommendation: Postpone Design & Construction Until Potential Village Impacts Are Known Nottingham Road Improvements / I-70 to Buck Creek Budget: 2001 $ 865,000 2002 $ 1,920,000 Status: Road Improvements & Buck Creek Road Roundabout Design in Progress Anticipated Progress: Complete Design 03/01 Complete Appraisals 06/01 Complete R/W Acquisitions 12/01 Construction 2002 Notes: Proposed Wildwood Resort PUD and Possible Realignment of Swift Gulch Road Could Impact Final Design & Development Recommendation: Review Project and Capital Improvements Program Budget Prior to Proceeding with R/W Appraisals & Acquisition I:\Engineering\Administration\CIP Budget\Update Feb 01.Doc Paving & Road Improvements Budget: 2001 $ 100,000 Status: In-House Design in Progress Anticipated Progress: Complete Design 03/01 Award Construction Contract 04/01 Complete Construction 06/01 Notes: Proposed Improvements Include Resurfacing West Beaver Creek Blvd. between Roundabout # 3 and Benchmark Road Recommendation: Proceed as Planned Chapel Square Reimbursement Budget 1999 2000 2001 Status: Requir Anticipated Progress: Recommendation: $ 150,000 $ 50,000 -0- ements Have Not Been Met For Final $ 50,000 Payment Expect Requirements Will Be Met During 2001 Amend Budget to Reflect Payment in 2001 East Beaver Creek Blvd. Streetscape Improvements Budget: 2001 $ 895,068 Status: Design - Complete Except Minor Revisions Resulting from Meetings with Individual Property Owners Appraisals - In Progress / Completion Pending Minor Property Description Revisions & Finalization of Construction Schedule Notes: Improvements may be Constructed by Avon Village or by Town of Avon with Costs Reimbursed by the Village - Tentative Schedule Indicates Village does not Expect to have Bond Proceeds Available for Construction Until About September - This Construction Should be Started in Spring or Early Summer to Avoid the Possibility of having a Partially Completed Project During Prime Winter Season Recommendation: Postpone Construction Until Spring 2002 or 2003 to Correspond with Anticipated Village Construction and Possibly to Follow Construction of East Avon Access & Circulation Streetscape Improvements East Avon Access & Circulation Streetscape Improvements Budget: 1999 $ 120,947 2000 $ 75,000 2001 -0- 2002 $ 750,000 2003 $ 2,046,158 I:\En&eering\Administration\CIP Budges\UpMe Feb 01.13oc 2 East Avon Access & Circulation Streetscape Improvements (Continued) Status: Design - Complete Except Minor Revisions Resulting from Meetings with Individual Property Owners R/W & Easement Descriptions Complete - Basic Appraisal Information Consistent with Appraisals for East Beaver Creek Blvd. is in Progress Note: Project was Basically Placed on Hold to Evaluate Design Proposed by Avon Business Association - Apparently this Issue has been Resolved and the Project is Ready to Move Forward Recommendation: - - Consider Moving Construction Schedule Up Have Complete With, Or Prior To, Projected Opening Date For First Village Businesses Eagle River Bikepath to Arrowhead Budget: 2000 $ 210,000 2001 $ 182,000 Status: Bikepath is Under Construction - Construction is Expected to Resume in April and be Complete by July Eagle River Bikepath to Confluence Budget: 2000 $ 55,000 2001 -----$ 441,800 _ Status: Preliminary Mapping is Complete & Design Proposals have been Receive - --- - -_ --- - - Anticipated Progress: Award Design Contract 02/01 Complete Preliminary Design05/01 Complete Final Design 07/01 R/W & Permit Acquisitions 09/01 Construction 12/01 Note: Construction Schedule is Highly Dependent upon Location as Established by Preliminary Design - This will Determine R/W and Permits Required Which may have Significant Impacts on Time Prior to Construction. Project may Extend into 2002 Construction Season Nottingham Road / I-70 Bikepath -- - Budget:- 2001- - $ 610,000 Status: Construction Plans & Bid Documents are Complete - - - Advertisement for Bids is Being Published Anticipated Progress: Open Bids 03/16/01 Award Contract 03/27/01 Construction Complete 07/15/01 Note: Current Construction Cost Estimate is $ 898,000 I:\Engineering\Administration\CIP Budget\Update Feb 01.Doc 3 West Beaver Creek Blvd. Drainage (I-70 To Railroad Tracks @ Westgate Condos) Budget -0- Status Preliminary Design And Cost Estimates Are Complete Note: This Problem Area Was Identified In Conjunction With The Metcalf Drainage Portion Of Recently Completed Drainage Report - Recommended Improvements Include Grading And Pipe Installation Along West Side Of West Beaver Creek Blvd. From 1- 70 to Railroad Tracks - Total Estimated Cost $ 164,000 Recommendations: Incorporate Project Into 5-Year Capital Improvements Program Buck Creek Drainage (Eagle River To I-70) Budget 2000 $ 25,000 2001 $ 400,000 Status: Preliminary Design And Cost Estimates Are Complete Note: Implementation Of Current Version Of Town Center Plan Will Impact Major Portion Of Buck Creek Drainage Improvements - Recommended Improvements Include Significantly More Pipe And Structures Than Was Anticipated Prior To Completion Of The Study And Was Not Included In Previous Budgets - Total Estimated Cost $ 869,000 Recommendations: Defer Construction of Buck Creek Drainage Improvements Pending Completion Of Town Center Plan - Coordinate Town Center Plan And Buck Creek Drainage Design Prior To Construction Town Center Plan Budget: 2001 -0- Status: Proposal Received from RNL Design to Evaluate & Update Plan through Public Meeting Process - Revised Plan should be complete with financial analysis and recommendations for implementation by end of June - Total Estimated Cost $ 58,000 Note: Implementation of Plan may Impact Buck Creek Drainage Improvements & Potentially other Capital Improvement Projects Recommendations: Defer Construction of Buck Creek Drainage Improvements Until Town Center Plan is Finalized - Revise Capital Improvements Program as Necessary to Implement Adopted Town Center Plan I:\Engineering\Administration\CIP Budget\Update Feb 01.Doc MR, g o S Do ?jl M N In N ss?? :?.o(n?ee; ' 60 (N - O M O 1 1, 1, 00 O ' M M 0 ILA O N O to ' m M N (fl YV 1- N Y V !:. 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N0 a, 0 ? o O m a 0 co STORMWATER & DRAINAGE IMPROVEMENTS February 26, 2001 METCALF DRAINAGE BASIN Metcalf Road Drainage (Lot 39 to Nottingham Road) Estimated Cost Construction Contingencies Design Administration Total Estimated Construction Cost Current Budget 2002 2003 Proposed Budget 2006 & Beyond Metcalf Road Drainage (West Side Ditch Lining) Estimated Cost Construction Contingencies Design Administration Total Estimated Construction Cost Current Budget Proposed Budget (Not Anticipated) 2006 & Beyond $ 660,217 264,087 92,430 64.701 $ 1,081,435 $ 20,000 $ 465,000 $ 1,082,000 $ 34,314 13,725 4,804 3.363 $ 56,205 -0- $ 56,000 Metcalf Road Drainage (Nottingham Road to I-70) Estimated Cost Construction $ 145,437 Contingencies 58,175 Design 20,361 Administration 14,253 Total Estimated Construction Cost $ 238,226 Current Budget (Not Anticipated) -0- Proposed Budget 2004 $ 20,000 2005 $ 219,000 \\PW\SHARED\Engineering\CIP\Storniwater\1.0 Administration\1.2 BudgetTroposed Bdgts.Doc 1 Metcalf Drainage (I-70 to Eagle River) Estimated Cost Construction $ 332,225 Contingencies 132,890 Design 46,512 Administration 32,558 Total Estimated Construction Cost $ 544,185 Current Budget 2001 $ 100,000 2002 $ 600,000 Proposed Budget 2001 $ 545,000 West Beaver Creek Blvd. Drainage (I-70 to Railroad) Estimated Cost Construction $ 100,064 Contingencies 40,026 Design 14,009 Administration 9,806 Total Estimated Construction Cost $ 163,905 Current Budget (Not Anticipated) -0- Proposed Budget 2005 $ 14,000 2006 & Beyond $ 150,000 BUCK CREEK DRAINAGE Buck Creek Drainage (I-70 to Eagle River) Estimated Cost Construction $ 530,353 Contingencies 212,140 Design 74,249 Administration 51,975 Total Estimated Construction Cost $ 868,717 Current Budget 2001 $ 400,000 Proposed Budget 2002 $ 75,000 2003 $ 794,000 \\PW\SHARED\Engineering\CIP\Stormwater\1.0 Administration\1.2 Budget\Proposed Bdgts.Doc 2 Memo 10: Honorable Mayor and Town Council T h r u : Bill Efting, Town Manager From: Norm Wood, Town Engineef f- Date: February 21, 2001 Re: Wildridge - Undergrounding Electric Summary: A suggested Procedure with a tentative schedule for evaluating support and for implementing the undergrounding of existing overhead electric in Wildridge is attached. This tentative schedule is very tight with only about 60 days being allowed for Holy Cross to develop adequate design for reliable cost estimates. However,_this is necessary if this issue is to proceed to election in November. Two previous Memos related to estimated cost and possible assessments are also attached along with a Memo from Burt addressing authority and procedure for this work. Town Manager Comments: +0 Id- Gov?ca /j wC 04C? ?t.4 VI c/ \\PW\SHARED\Engineering\Administration\Miscellaneous\Work Plan 2001 Mano.Doc 1 WILDRIDGE UNDERGROUND ELECTRIC PROCEDURE February 20, 2001 1. Wildridge Public Meeting (March 6) A. Town Council / Staff 1. Present General Process 2. Basic Funding Mechanisms a. Improvement District Formation b. Possible Assessment Methods B. Holy Cross Representative 1. Options for Undergrounding Lines 2. Problems Anticipated 3. Possible Alternatives 4. Approximate Cost Range C. Town Council / Staff 1. Respond to General Questions 2. Provide Direction if Apparent Interest in Proceeding 3. Provide Petitions for Special District Election H. Petitions Returned to Town (March 30) A. Town Council Evaluate (April 10) 1. Adequate Interest to Proceed with Project 2. Authorize Staff to Proceed a. Develop Preliminary Designs (Holy Cross) b. Develop Construction Cost Estimates (Holy Cross) C. Funding Recommendations d. Special Assessment Recommendations 3. Report to Council (June 26) III. Wildridge Public Meeting (July 17) A. Town Council / Staff 1. Summarize Process to Date 2. Outline Process--to Proceed B. Holy Cross Representatives 1. Present Preliminary Designs & Cost Estimates a. Address Special Considerations in Design Options C. Town Council / Staff 1. Present Funding Mechanisms 2. Present Special Assessment Options 3. Receive Public Input a. Preliminary Design Issues b. Funding Mechanism & Proposed Assessment Method C. Support for Project I:\Engineering\Administration\Miscellaneous\Wildridge Elec-Work Plan-1.Doc IV. Determination to Proceed with District Formation (July 24) A. Staff Develops 1. District Boundary Map & Description 2. Project Cost Estimate 3. Assessment for Each Tract in the District B. Town Council 1. Adopts Resolution of Intent to Create District (August 14) 2. Adopts Ordinances & Resolutions as Necessary for Election a. Special Assessment Bonds b. Special District Formation (Optional) C. Ballot Questions (Second Reading August 28) 1. Ballot Content Must be Certified at Least 55 Days prior to Election (September 11, 2001) V. Ballot Issues Passes (November 6) A. Adopt Ordinance or Resolution Imposing Assessments B. Develop Construction Plans for Improvements C. Award Contract & Construct Improvements I:\Engineering\Administration\Miscellaneous\Wildridge Elec-Work Plan-I.Doc 2 MEMORANDUM FROM: Burt Levin, Town Attorney TO: Hon. Mayor and Town Council RE: Underground Conversion of Electric Facilities DATE: October 2, 2000 INTRODUCTION This memo summarizes key points concerning the possibility of undergrounding of electric wires in Wildridge. AUTHORITY To accomplish undergrounding, a "public improvement district" (sometimes referred to as a "local," "special," or "general" improvement district) must be established for that purpose. Chapter XV of the Avon Charter, Chapter 12.08 of the Avon Code, and state statutes authorize creation of an improvement district for the purpose of undergrounding wires. BOUNDARIES The boundaries of the district are delineated by the Town Council as an improvement district, in which each tract to be assessed is located. MANAGEMENT Management of the public improvement district is entrusted to the members of the Avon Town Council. The public improvement district will have no separate existence apart from the Town. G FINANCIN The public improvement district is financed through property taxes or the special assessment process. Special assessments are charges applied to individual properties in the amount of the "special benefit" conferred on such property by the improvements. Special assessment bonds are payable solely from the special assessments levied on the benefited property. The assessments constitute liens on the benefited property, which lien can be foreclosed upon generally in the same manner as foreclosures for property taxes. Special assessments against any particular property must be in an amount not greater than the special benefit conferred on such property by the improvement. Thus, the method of assessment, i.e., the method by which the assessments are distributed over the benefited properties, must be formulated so as to equitably distribute such assessments based upon such benefit. Common methods of assessment include the front-foot method, the area method, and the per-lot method. However, any other method of assessment may be used, so long as it reasonably allocates the burden of the assessment upon the benefited properties. The improvement district also has authority to finance improvements through general - obligation indebtedness, secured byproperty taxes on the property benefited by the improvement. TABOR The issuance of special assessment bonds requires holding a TABOR election to approve the "multiple-fiscal year financial obligation" represented by the special assessment bonds. As with all TABOR elections, the election must be held on one of the TABOR dates, which are every November, and every biennial election date of the issuing government. If the government so determines, the election may be held solely among the property owners and residents of the improvement district, rather than among all of the voters in the municipality. PROCEDURE The Town Council adopts a resolution of intent to create the district, either on its own initiative or in response to a petition from property owners in the proposed district. (The Town Engineer reports to the Town Council an estimate of the cost of the project and of the assessments to each tract in the assessment area.) After notice, a hearing is held on creation of the district, after which the Council may adopt an ordinance organizing the district. After a successful TABOR election, special assessment bonds are issued payable from the assessments. After a hearing, the Council adopts an ordinance or resolution imposing the assessments. The Town collects the assessments and pays the bonds. Assessments are payable over a term of years (usually 10-15 years), and the property owner has the option of pre-paying them at any time. The improvement is constructed with the bond funds. 2 MEMORANDUM To: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: September 26, 2000 Re: Wildridge - Underground electric Cost Estimates SUMMARY: The following is a brief summary of information related to Wildridge, Preliminary Cost Estimates to place overhead electric transmission lines underground and approximate financing costs and cost per residential development right: Wildridge: Area 685 Acres Residential Lots and Dwelling Units (Residential Development Rights) Platted and Zoned: Development Type Single Family Duplex (2) Triplex (3) Four-Plex (4) Fiveplex (5) 4- Units 6-Units 7-Units 8-Units 10-Units 12-Units Totals Number of Lots 267 4 36 3 1 11 1 2 3 1 338 Lots Development Rights 9 534 12 144 15 4 66 7 16 30 12 849 Units Wildridge Block 5 11 Lots 75 Units I:\Engineering\Administration\Miscellaneous\Wildridge Elec-2.13oc 1 Alternate Number 1- All of Wildridge Note: Excludes Metcalf Road Overhead Lines Estimated Costs: Construction 7000 LF @, $380 Design, Administration, Etc. Contingencies Total Estimated Construction Cost Bond Issuance Cost Total Estimated Project Cost Approximate Annual Cost: 20 Year Bond Issue @ 5.5 % $ 292,888 30 Year Bond Issue @ 6.0 % $ 254,271 $ 2,660,000 266,000 439,000 $ 3,365,000 135,000 $ 3,500,000 Approximate Cost per Zoned Residential Unit: 20 Year Bond Issue $ 292,888 / 849 Units = $ 345 / Year 30 Year Bond Issue $ 254,271 / 849 Units = $ 300 / Year Alternate Number 2 - Wildridge Excluding Block 5 Overhead Lines Estimated Costs: Construction 5500 LF @ $380 Design, Administration, Etc. Contingencies Total Estimated Construction Cost Bond Issuance Cost Total Estimated Project Cost Approximate Annual Cost: 20 Year Bond Issue @ 5.5 % 30 Year Bond Issue @ 6.0 % $ 230,118 $ 199,785 $ 2,090,000 209,000 345,000 $ 2,644,000 106,000 $ 2,750,000 Approximate Cost per Zoned Residential Unit - Excluding Block 5: 20 Year Bond Issue $ 230,118 / 774 Units = $ 297 / Year 30 Year Bond Issue $ 199,785 / 774 Units = $ 258 / Year I:\Engineering\Administration\Miscellaneous\Wildridge Elec-2.13oc 2 Memo To: Honorable Mavor and Town Council Th ru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: September 17, 2000 Re: Wildridge - Overhead Electric Lines Summary: Ted Huskey with Holy Cross Electric has given me a rough cost estimate of $2,000,000 per mile to place the existing overhead electric lines in Wildridge underground. With this as an estimate, the cost would be approximately $2,000,000 to place the overhead electric lines under ground from the western boundary of Wildridge to the intersecting overhead line location in Block 5 (Wildwood). Ted also says his information shows these lines are still Holy Cross and not Public Service. He is not in the transmission division so conceivably his information could be out of date, but it has been pretty good in the past. Town Manager Comments: 1:\Engineering\Ad inistration\Miscellaneous\WildridgeEleal.Doc 1 Memo To: The Honorable Mayor and Town Council From: Harry N. Taylor, Director of Transportation Thru: Bill Efting, Town Manager ?P Date: February 19, 2001 Re: Wildridge Shuttle Service Review Summary: The purpose of this report is twofold: first, to provide current and historic cost information regarding the operation of the Wildridge Shuttle and second, to explore the options available to revive the service on a temporary basis, a permanent basis, or continue to not provide the service. The Wildridge service was discontinued in 1998 due to the high operating cost. Discussion: The attachment Schedule "A" identifies the historic operational data on all Avon routes since 1995. From this schedule we can compare the operational cost per passenger to detennine the efficiency of each route system. The total cost per hour includes all operational costs (including repair and maintenance) to operate the Avon Transportation System. Schedule "B" provides the financial and operational data on the last year of operation of the Widlridge Shuttle in 1998. This is the period where the shuttle operated as a dial-a- ride service. Although this was the most productive year for the Wildridge Shuttle in terms of cost and ridership; still our cost per passenger on this route did not compare favorably to the cost per passenger of the remaining Avon routes. Schedule "C" identifies the start-up costs to renew the service to the Wildridge area. The start-up costs consist of operational and equipment costs as per the assumptions listed. Schedule "D" provides a summary of the level of operating costs associated with a specific trial period (from one to five months). Options: 1) Reinstate the Wildridge Shuttle as it operated in 1998 (Schedule `B"). Using one (1) ADA accessible van, operating 6/2 hr. per day (peak time only) as a Dial-A- Ride system. This schedule does not show our current total cost per hour to operate ($45.96) nor include the price to purchase a new ADA accessible van ($35,825). The updated cost to operate the shuttle as we did in 1998 is: 6.5 hr x 145 days = 942.5 hrs. x $45.96 = $43,317. 2) Introduce an expanded version of the original Wildridge Shuttle (Schedule "C") with one/two vans in service from 6:00 am - 1:00 am daily. The total cost (operating plus equipment) to provide the expanded service would be $244,919. 3) Start a trial service (Schedule "D") beginning in June from somewhere between a one to five month trial period. The town would use one/two existing People Movers and operate daily from 6:00 am - 1:00 am. The cost to operate a trial service will range between $35,849 and $182,829 depending on the length of the trial period. 4) Again, start a trial service in June and explore the use of subsidized taxi fare system. This can be accomplished through a "Voucher System". Under this scenario, Wildridge residents would purchase travel vouchers from the Town of Avon at a 50% discount to use as payment for traveling with a specified local taxi service. Service would be restricted to Wildridge residents and would only be good for travel between the Avon Center and Wildridge. 5) Continue to not provide the service. The purpose of a trial service period would be to determine the base level of ridership that could be expected should the Wildridge Shuttle be reinstated. By establishing an expected level of ridership, we can determine the efficiency of this route compared to other Avon routes. Town Manager Comments: ©p4 ;fl - L? b( of OkfIsjCIC . encl. .s an a14evv%4}(- Vr .Sc?,/; cr / b44 ?- y,.oK?? Town of Avon Department of Transportation Avon Route Summary 18-Jan-01 Schedule "A" Route Skier Shuttle l own Shuttle Hurd Lane Shuttle Wildridge Shuttle Operating Period (Winter) (Year) (Year) (Winter) (Only) (Round) (Round) (Only) (From 1998) (From 1999) Year Operating Total $ per Hr. 1995 $34.25 Ridership 149,011 50,972 0 1,055 245,450 Serv. Hr. 5,279 3,271 0 979 13,274 TotalOp.$ $180,806 $112,032 $0 $33,531 $454,635 $/Passenger $1.85 $1.21 $2.20 $0.00 $31.78 $1785 1996 $35.82 Ridership 162,340 57,961 6,009 1,264 271,189 Serv. Hr. 5,886 3,294 750 936 14,076 TotalOp.$ $210,837 $117,991 $26,865 $33,528 $504,202 $/Passenger $1.86 $1.30 $2.04 $4.47 $26.52 $1.86 1997 $40.09 Ridership 162,513 66,656 30,290 1,281 294,171 Serv. Hr. 5,558 2,755 2,660 950 14,500 TotalOp.$ $222,820 $110,448 $106,639 $38,086 $581,305 $IPassenger $1.98 $1.37 $1.66 $3.52 $29.73 $1.98 1998 $42.31 Ridership 160,788 118,683 34,497 1,897 348,635 Serv. Hr. 5,534 7,030 2,781 820 18,140 TotalOp.$ $234,144 $297,439 $117,664 $34,694 $767,503 $/Passenger $2.20 $1.46 $2.51 $3.41 $18.29 $2.20 1999 $43.12 Ridership 140,347 166,152 76,905 0 396,725 Serv. Hr. 5,421 6,756 6,585 0 19,853 Total Op.$ $233,754 $291,319 $283,945 $0 $856,061 $IPassenger $2.16 $1.67 $1.75 $3.69 $0.00 $2.16 2000 $45.96 Ridership 164,297 222,247 107,683 0 506,861 Serv. Hr. 5,895 6,879 6,612 0 21,591 TotalOp.$ $270,934 $316,159 $303,888 $0 $992,322 $/Passenger $1.96 $1.65 $1.42 $2.82 $0.00 $1.96 The Total Operating Cost Per Hour does not include $7.00 per hour Replacement Cost. Wildridge Shuttle Schedule "B" 1998 Winter Operations Assumptions 1 vehicle operating 6 hour s per day Winter season - 145 days System type: Dial-A-Ride Operating hours: Peak: 6:00 am to 9:00 am 4:00 pm to 7:00 pm Operating Cost per Hr. $42.31 Operating Cost: $34,694 Service Hours: 820 Ridership: 1,897 Cost per passenger $18.29 Schedule "C" Wildridge Shuttle 2001 Start-up Cost Summary Assumptions: 2 vehicles operating for combined 26 hrs per day Winter season - 145 days System type: Route Deviation Operating hours: Peak: 2 vehicles 6:00 am to 9:30 am 4:00 pm to 7:30 pm Off-Peak: 1 vehicle Operating Cost per Hr. Operating Cost: Service Hours: Equipment Cost: 2 ADA Vans Total Start-up Cost $45.96 $173,269 3,770 $71,650 $244,919 9:30 am to 4:00 pm 7:30 pm to 1:00 am Schedule "D" Wildridge Shuttle 2001 Trial Period Cost Summary Assumptions: 2 vehicles (People Movers) operating 26 hrs per day Summer season - 153 days (June - October) System type: Route deviation Operating hours: Peak 2 vehicles Off-Peak 1 vehicle Operating Cost per Hr. $45.96 Trial Period: Operating Cost 1 st month $35,849 2 months $72,893 3 months $109,936 4 months $145,785 5 months $182,829 Service Hours: 1 st month 780 2 months 1,586 3 months 2,392 4 months 3,172 5 months 3,978 6:00 am to 9:30 am 4:00 pm to 7:30 pm 9:30 am to 4:00 pm 7:30 pm to 1:00 am Equipment Cost: - $0 - , we will use existing vehicles for trial period. The Trial Pericd Cost can be determined from the Operating Cost section above depending on the length of the Trial Period; for example a two month trial period will cost $72,893. To: Honorable Mayor and Town Council From: Bill Efting. Town Manager Date: February 21, 2001 Re: Funding for Gondola Financial Study SUMMARY: On Tuesday, February 13, 2001 we met with representatives from Vail Associates to discuss the potential Gondola that would originate from the Confluence Site. Vail Associates requested that the Town of Avon contribute six million dollars towards the total cost of forty-one million dollars. Similar requests have been made of Beaver Creek Metro District and Bachelor Gulch Metro District. Staff recommends that a complete cost analysis study be conducted to evaluate the value of a gondola in Avon and what financial implications might be associated with it. At our last meeting you were given a list of questions that Beaver Creek and Bachelor Gulch Metro Districts had concerns with, we have many of those same concerns and will also have Avon specific concerns to be studied. Specific areas of concern include: 1. Transportation Impacts: How will this affect our existing and future transportation costs. Are their ridership projections accurate? 2. Review of effects on sales tax, property tax, real estate transfer tax and other pertinent taxes. 3. Parking 4. Traffic Congestion 5. Service Impacts - Police, Public Works, etc. 6. Funding Sources - Bond Issues, Special Improvement Districts, etc. WHERE THE RUBBER MEETS THE ROAD: As Town Council is aware; we have not received the latest development plans for the Confluence Site. Until we know exactly what is going to be developed on that property it will be very difficult to obtain accurate numbers. FINANCIAL IMPLICATIONS: Beaver Creek Metro District and Bachelor Gulch Metro District have hired the firms of Ford Frick and Stan Bernstein to evaluate the gondola impacts. They have budgeted $30,000.00 for the analysis and have requested that we participate with them. Avon's cost to participate would be a maximum of $10,000.00. RECOMMENDATION: Staff recommends that we pursue this impact analysis with Beaver Creek and Bachelor Gulch Metro Districts and authorize a maximum of $10,000.00. Staff has worked with Ford Frick and Stan Bernstein in the past and is very comfortable working with them on Avon's concerns. TOWN OF AVON REGULAR COUNCIL MEETING AGENDA February 27. 2001 - 5:30 PM 1. Call to Order / Roll Call J 'J 0 2. Citizen Input -3. a ordinances a.) Second Reading of Ordinance No. 01-02, Series of 2001, An Ordinance Amending Section 2.08.100(C) of the Avon Code PUBLIC HEARING 4. Resolutions a.) Resolution No. 01-06, Series of 2001, A Resolution Approving a Reduced Security l ? c Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision. 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 February 13, 2001 Council Meeting Minutes b.) Financial Matters G c.) Eagle River Recreation Path II (W. Beaver Creek Blvd. to Confluence Lot) - Design Services Proposal for Phase I t !'? = d.) Approval of Proposal with Black Parrot Audio for Council Chambers Audio System e. RNL Design Agreement to Furnish Consulting Services to Client for Town Center Plan 12. Adjournment V STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 27th DAY OF FEBRUARY 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-02, SERIES OF 2001: An Ordinance Amending Section 2.08.100 (C) of the Avon Code 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 15th day of February 2001. VON,COLORADO BY: T POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 15,2001; 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 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 13 day of February , 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 2Z day of Fphruar? 2001, at 5.3p_m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO M y r INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this day of , 2001. TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: February 21, 2001 Re: Chapel Square Subdivision Improvements Agreement Resolution No. 01-06, Series of 2001, Reducing Required Security Deposit Summary: Chapel Square has satisfactorily completed a significant portion of the public improvements identified in the Subdivision Improvements Agreement. The satisfactory completion of these portions has been adequately documented by field inspections and the submittal of As-Built Plans and Certifications by registered professional engineers as stipulated in the Subdivision Improvements Agreement. The remaining and unsatisfactory work is identified in the attached letter of January 4, 2001, to Palmos Development. This letter further indicates that a recommendation will be made to reduce the required letter of credit by $ 187,679.00, from $ 402,679.00 to $ 215,000.00. Approval of attached Resolution No. 01-06, Series of 2001 is recommended to allow this corresponding reduction. Recommendations: Approve Resolution No. 01-06, Series of 2001, a Resolution Approving a Reduced Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat Chapel Square Subdivision. Proposed Motion: I move to approve Resolution No. 01-06, Series of 2001, A Resolution Approving a Reduced Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision. Town Manager Comments: CAWINDOWS\Temporary Intemet Files\OLK4322\Sec Dep Memo-l.Doc TOWN OF AVON RESOLUTION NO. 01-06 Series of 2001 A RESOLUTION APPROVING A REDUCED SECURITY DEPOSIT FOR PUBLIC IMPROVEMENTS TO BE INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION WHEREAS, the Town of Avon and Chapel Square, LLC, a Colorado Limited Liability Company entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Amended Plat of Chapel Square Subdivision; and WHEREAS, said Agreement established certain public and private improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements and provide for warranty work in accordance with the Agreement and the subsequent partial release of the security deposits upon satisfactory completion of portions of the improvements in conformance with all standards, drawings and specifications as submitted to and previously approved by the Town; and WHEREAS, portions of the required work have been satisfactorily completed in accordance with the approved plans and specifications, as certified by a professional engineer. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. Portions of the improvements with an equivalent value of $ 187,679.00 have been satisfactorily completed in conformance with the approved plans and specifications as of January 4, 2001. 2. Effective February 28, 2001, the security deposit may be reduced to $ 215,000.00 which is equal to at least 110 percent of the cost of the remaining improvements to completed in conformance with the approved plans and specifications. CAWWDOWS\Temporary Intemet Fi1es\0LK4322\Sec Dep Resol-I.Doc 1 ADOPTED THIS DAY OF ATTEST: Kris Nash Town Clerk 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor CAWINDOWS\Temporary Intemet Files\OLK4322\Sec Dep Resol-I.Doc 2 ' f > L VON. C O L O R A D O January 4, 2001 Palmos Development Donald G. Schaper, Controller 2775 Iris Avenue Boulder, CO 80304 Re: Chapel Square Development / Chapel Place Roadway and Chapel Alley Dear Mr. Schaper: The following comments are in response to your letter of December 14, 2000 regarding our list of corrective work identified during a walk through of the Chapel Place and Chapel Alley improvements on Thursday, October 19, 2000. 1. The trash enclosure at northeasterly corner of Building D must be removed from Chapel Place right-of-way and the area restored;with landscaping appropriate for the location. Response:. Work related to this item is complete. 2. Settlement damage to drainage structure and parking area at. southeasterly comer of City Market parking lot that occurred prior to construction of satisfactory retaining wall must be repaired. Response: This item has not been completed but will be treated as a civil matter between private parties and is therefore deleted from the list of required corrections. 3. Construct traffic control island at easterly side of entrance to Chapel Place from driveway between City Market and Building D. per approved site plan. Response: Traffic island curb & gutter has been poured. Remaining work includes backfill and landscaping of island. Estimated Cost: $ 3000 4. Reconstruct Chapel Place and underground-parking entrance to Building C to lines and grades as shown on approved site plans. If Building C entrance has been modified from that indicated on the approved site (Subdivision) plan, please submit revised plans for review and approval prior to reconstruction. Response: This work has not been completed and no verified cost estimate for correcting this item has been provided. Town contribution for useable Chapel Post Office Box 975 Place right-of-way $ 200,000. 400 Benchmark Road 4von, Colorado 81620 Estimated Cost: $150,000 970-748-4000 970-949-9139 Fax ?70-845-7708 TTYI:1Engineeaing\Subdivision\Bendunark At BC\Chapel SquareTunch List-2.Doc 5. Asphalt core sample reports indicate that asphalt gradation did not meet project specifications. This must be resolved prior to final acceptance of the improvements. Response: Satisfactory documentation has been submitted to resolve this issue. 6. The fence between Chapel Square and The Village at Avon has been removed. This must be replaced or written authorization from The Village at Avon consenting to the-removal of this fence must be provided.- Response: This item has not been corrected but copy of partially executed document indicating this work will be completed by April 30, 2001 was submitted with letter. Estimated Cost: $10,000 7.- The curb and gutter along Chapel Alley must be backfilled to provide positive drainage and eliminate potential water ponding. Response: This item has not been corrected: Impractical to complete until snow has melted and ground has thawed. Estimated Cost: $ 2,000 8. Provide written verification, signed and sealed by Registered Professional Engineer, that all drainage facilities were. installed and constructed in -- - conformance with the approved site plans and drainage report. Any variance from the approved plans and Drainage report should. be noted on as-built plans, signed and sealed by the engineer, and submitted with the verification. Response: As-Built Drawing and verification statement submitted by Inter- Mountain Engineering, Ltd:, satisfactorily addresses this issue. 9. It was also noted during the walk through that two different heights of streetscape lighting poles were installed along Chapel Place. Consideration should be given to replacing the taller poles to maintain consistency throughout the project and with the remainder of the Town Streetscape lighting. Response: Verbal-comments were relayed regarding this issue, but we have been unable to locate any written correspondence related to this issue. Subsequently, this item will be deleted from the list, We have been advised by the Department of Community Development that no Final Certificate ofOccupancy has been issued for the first habitable structure as it relates to the, "Addendum to Agreement for Dedication and Maintenance of Public Roadway." Subsequently, the terms of the Agreement for release of the final $50,000 portion of the $200,000 total payment to be made by the Town have not been complied with at this - - --- - - --- - time. - - It is also my understanding that Chapel Square LLC will issue a $50,000 letter of credit to be held by the Town as a security deposit for completion of Benchmark Road Improvements l:\EngineeringlsubarvissonlBcndmark .9t BOChapel syuam\runa; last-z.noc 2 Based on the above conditions we are prepared to recommend Town Council authorize a reduction in security requirements as follows: Existing Letter or Credit $ 402;679.00 Incomplete or Unsatisfactory Items $ 165,000.00 Benchmark Road Improvements -Deposit - $ - 50 000.00 Revised Letter of Credit Amount $ 215,000.00 Reduction to Existing. Letter of Credit $ 187,679.00 Release of the final $50,000 payment per the Addendum to Agreement for Dedication and Maintenance of Public Roadway will be recommended upon completion of all above items and issuance of the first Final Certificate of Occupancy fora habitable structure.as it relates to the, "Addendum to Agreement for Dedication and Maintenance of Public Roadway." If you have any questions regarding any of the above, do not hesitate to contact me at 970-7484109. Sincerely, 4-11 Norman Wood, PE Town Engineer Cc: Bill Efting Burt Levin, Esq. - Larry Brooks Mike Matzko I:\Eneineerine\Subdivision\Benchmark At BC\Chavel Sauare\Pmch List-2.Doc 3 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 13, 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 Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resources Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Transportation Director Harry Taylor, Community Development Director Mike Matzko, Public Works Supervisor Rob Janusz as well as members of the public Ordinances: Second 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 Mayor Yoder stated this is a public hearing. Mayor Protem Reynolds confirmed that if there were any change in the transmission lines that run through Avon, Holy Cross Energy would give the Town the option of relocating some of the existing lines that are here. Mr. Richard Brinkley, of Holy Cross Energy, stated that yes they would do that. Councilor Peter Buckley stated that he is definitely interested in pursuing the cost of burying the overhead power lines Mr. Brinkley confirmed Mayor Protem Reynolds question of would Holy Cross Energy, if they had to upgrade and do something, would they consider relocation? He stated that the answer is yes they would. Mr. Brinkley stated that the answer to Councilor Peter Buckley's question is that if the Town wants to relocate the lines and Holy Cross Energy does not have a need to relocate the lines at this point in time, they would still consider that, but it is just a matter of cost. Mayor Protein Reynolds stated that they have heard that the cost to bury transmission lines is a couple million dollars a mile. He questioned what the cost was to install overhead transmission lines. Mr. Brinkley stated approximately $250,000 per mile. There being no further questions, Mayor Yoder closed the public hearing. Mayor Protein Reynolds motioned approval of Ordinance No. 01-01, Series of 2001, on --second reading. -Councilor McDevitt seconded the motion. - --- - - -- -- Mayor Yoder asked for a roll call. The motion carried unanimously. A representative of Holy Cross Energy presented Mayor Yoder with a $2,000 check for the Community Enhancement Fund. First Reading of Ordinance No. 01-02, Series of 2001, An Ordinance Amending Section 2.08.100(C) of the Avon Code Town Attorney Levin stated that this ordinance is a technical amendment updating the provision which now provides that the court clerk be paid once a month. It has been the practice of the Town that the court clerk be paid bi-weekly. Councilor Debbie Buckley motioned approval of Ordinance No. 01-02, Series of 2001 on first reading. Councilor McDevitt seconded the motion. The motion carried unanimously. Unfinished Business: Councilor Peter Buckley requested an update from Town Manager Efting on the Wildridge Shuttle. Mr. Efting stated that Staff has been researching a possible voucher system, which would give the rider a half price ride. Staff will bring the issue to Council in a few weeks. Consent Agenda: a.) Approval of the January 23, 2001 Council Meeting Minutes 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 Regular Council Meeting February 13, 2001 Diosa e.) Agreement with Eagle County Regional Transportation Authority for Trail Maintenance Avon Recreation Center Refurbishment of the Locker and Changing Rooms Design Services Proposal Mayor Protem Reynolds motioned approval of the Consent Agenda. Councilor McDevitt 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 5:40 PM. Y SUBMITTED: Kristen Nash, Town APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting February 13, 2001 a. FINANCIAL MATTERS February 27, 2001 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:2/22/01 For: January, 2001 Pagel of 1 Permit Purpose: Public: Construction Value: $.00 # of Bldgs: - - -# of Units: - - - - Permit Charges: - - _ $.00- Private: 2 Construction Value: $1,300.00 # of Bldgs: 1 # of Units: Permit Charges: $47.90 Permit Purpose: Fire Place Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $1,820.00 # of Bldgs: # of Units: Permit Charges: $40.38 Permit Purpose: Offices Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $157,156.80 # of Bldgs: 1 # of Units: Permit Charges: $2,629.39 Permit Purpose: Tenant finish Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $4,600.00 # of Bldgs: # of Units: Permit Charges: $183.56 Totals: Public: # of Bldgs: Private: 5 # of Bldgs:2 Construction Value: $.00 # of Units: Permit Charges: $.00 Construction Value: $164,876.80 # of Units: Permit Charges: $2,901.23 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Name Property Amount of RETT Received $1,622,361.92 LaVenture Metcalf Commercial Park #205 8,146.80 Taylor Trust Rockin Horse Ridge #A3 $8,940.00 Bradway Family Limited Partn ership Benchmark Condo #C16 $1,820.00 Brausch Lot 37E Blk 1 4,320.00 Stephens Avon Town Square #222 2,140.00 Vinsand Lot 37 Blk 4 1/2 Interest 3,780.00 Rice Falcon Pointe #108 120.00 Three R Ventures LLC Lot 69 Mountain Star 25,000.00 Weybrauch Greenbrier #C22 1,599.58 Daniel Avon Lake Villas #P4 4,200.00 Thul Holdings LLC Centennial Center Condo #C101 19,800.00 Cooper Lot 4 Blk 5 WR 5,530.00 Rewold Beaver Bench #B22 130.00 Jeppson Lot 56 Bilk 3 WR 9,800.00 Joly Avon Crossing #4308 4,380.00 Lift Gasshawk #8 1,400.00 Sandberg Eagle Ridge Lot 79 Blk 1 WR 2,840.00 Triebnig Lot 52 Blk 2 WR 10,600.00 Brooke/Nelson Buck Creek #102 1,980.00 Davis Lot 12 Blk 2 WR 3,740.00 Carroll Lot 41 Blk 1 WR 7,050.00 Total through December $1,749,678.30 1 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Amount of RETT Name Property Received Thompson Ridgepoint #163 ($11,380.00) Holiday Travel Christie Lodge Timeshares $240.00 P.O.C. Realty Inc Christie Lodge Timeshares $604.80 Eagle County Title Corp Christie Lodge Timeshares $1,261.60 Keener Christie Lodge Timeshares $40.00 Shoulders Sunridge #C203 $2,700.00 Christy The Seasons #302 $1,700.00 Antuna Sunridge #G302 $3,300.00 Martin/Moldovan Lot 22 Blk 2 WR $5,420.00 Kanan Stone Creek Condo #105 $630.00 Arkins Falcon Pointe #106 $16.00 Total through December $1,754,210.70 2 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2001 Purchaser Name Property Eagle County Title Christie Lodge Timeshares Eagle County Title Christie Lodge Timeshares Eagle County Title Christie Lodge Timeshares Pabst Stone Creek Condo #201 Northrup Saddleridge #1 Hollander Avon Lake Villas #25 Greene Mountain Star Lot 10 Schumacher Beaver View Condo #C Matasar/Macintosh Avon Crossing #4312 Wheeler Avon Crossing #3307 Matasar/Macintosh Avon Crossing Thu] Holdings Vail Avon Commercial #1 NC Ross Lot 79 Blk 4 WR Garlock Lot 76 Blk 4 WR Lair Chambertin Townhomes Roebke Lot 65 Blk 3 WR Acierno/ Heinsen-Acierno Brookside #308 Holguin Sunridge #106 Total through January Amount of RETT Received 1,774.02 $40.00 $289.60 5,400.00 2,500.00 4,650.00 24,630.00 3,350.00 650.00 1,300.00 650.00 3,618.00 4,320.00 4,980.00 3,600.00 11,798.00 7,040.00 2,500.00 83,089.62 1 TOWN OF AVON SALES TAX BY MONTH 1996 95'-96'% 1997 Change January 332,198.39 6.07% 377,597.32 February 327,012.10 10.25% 362,516.58 March 407,980.62 9.10% 468,675.51 April 252,927.51 11.46% 265,356.48 May 222,069.74 10.58% 241,0125E June 298,113.41 11.31% 313,116.79 July 335,119.67 17.15% 353,101.99 August 324,451.49 13.80% 338,134.48 September 302,523.86 12.68% 319,410.91 October 266,050.77 19.56% 263,685.99 November 285,178.12 9.28% 339,200.41 December 509,177.82 14.39°/x- -533,904.08 96'-97'% 1998 97'-98'% 1999 Change Change 13.67% 379,424.41 0.48% 384,939.69 10.86% 378,112.00 4.30% 397,323.16 14.88% 460,191.56 -1.81% 474,933.06 4.91% 310,197.72 16.90% 302,864.19 8.53% 249,079.90 3.35% 265,405.3E 5.03% 337,562.03 7.81% 395,755.68 5.37% 370,086.73 4.81% 395,954.38 4.22% 363,110.96 7.39% 366,648.94 5.58% 333,508.38 4.41% 364,432.54 -0.89% 305,035.11 15.68% 295,541.62 18.94% -335,073.59 -1.22% 320,335.28 4.86% 550,077.22 - 3.03°/x- 564,813.35 981-991% 2000 991-001% Total5-Yr Change Change % Increase 1.45% 359,721.88 -6.55% 14.&- 5.08% 397,291.59 -0.01% 33.94% 3.20% 457,053.94 -3.76% 22.22% -2.36% 337,087.43 11.30% 48.55% 6.55% 286,191.36 7.83% 42.52% 17.24% 398,869.89 0.79% 48.93% 6.99% 415,978.51 5.06% 45.42% 0.97% 400,447.52 9.22% 40.46% 9.27% 375,400.90 3.01% 39.83% -3.11% 320,796.00 8.55% 44.16% -4.40% 329,170.99 2.76% 26.14% 2.68% 607,777.58 7.61% 36.55% YTD Total 3,862,803.50 12.04% 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 35.92% Monthly Collections for December 1996-2000 620,000.00 i" 600,000.00 - " , 580,000.00 560,000.00 All 540,000.00 520,000.00 500,000.00 480,000.00 2 460,000.00 440,000.00 1996 1997 1998 1999 2000 YTD Through December Collections 1996-2000 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1996 95'-96'% 1997 96'-97% 1998 97'-98% 1999 981-99% 2000 991-001% Total5-Yr Change Change Change Change Change % Increase January 37,787.01 -6.65% 39,958.27 5.75% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% -34.49% February 42,386.61 10.86% 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% -24.13% March 55,882.23 5.26% 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% -24.15% April 11,890.97 8.18% 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% -14.51% May 6,703.77 23.14% 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% -14.79% June 12,633.34 -1.61% 13,982.39 10.68% 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 23.57% July 19,949.49 18.21% 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 9.12% August 20,391.40 32.67% 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% -16.17% September 13,093.39 -2.35% 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% -2.16% October 10,832.98 13.95% 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% -15.63% November 12,824.84 -12.55% 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% -20.21% December 33,623.20 6.25% 40,000.05 18.97% 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% -3.91% YTD Total 277,999.23 5.88% 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% -15.78% YTD Through December Collections 1996-2000 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 Monthly Collections for December 1996-2000 45,000.00 - 40 000.00 % , % 35,000.00 / 4 L 30,000.00 ?r v ' ? 25,000.00 ___-- Esf 3 - -- -- ' 20,000.00 - - -- 15,000.00 i - 10,000.00 - r x ,` - - - 5,000.00 t y ?' f t : f drk y ? a 1996 1997 1998 1999 2000 1996 1997 1998 1999 2000 Year Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager U From: Norm Wood, Town Engineer Anne Martens, Engineer Date: February 22, 2001 Re: Eagle River Recreation Path H (West Beaver Creek Blvd to Confluence Lot) Design Services Proposal for Phase I Summary: We received five proposals for engineering design services in response to the attached Request for Proposals for Eagle River Recreation Path 11 (West Beaver Creek Blvd to Confluence Lot) / design services for Phase I dated January 25, 2001. Phase I of the design services are for the analysis and recommendation of the path alignment based on review alternates in regardsto feasibility and costs. The proposals received were in general conformance with Request for Proposals and are summarized as follows: Johnson, Kunkel & Associates, Inc. $ 12,000 Peak Civil Engineering, Inc. $ 19,950 Marcin Engineering $ 20,645 Inter-Mountain Engineering, Ltd. $ 21,529* Lonco, Inc. $ 41,000 * This Fee includes a $1,955 subcontractors fee for field reconnaissance of the alignment alternatives for geotechnical and environments issues. Complete copies of these Proposals are available in the Town Clerk's Office for those that are interested in reviewing them. While all Proposals are in general conformance with the Request for Proposals, there is a wide range in the services covered by the proposed Base Fees. 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 Geotechnical / Soils engineering, Planning, and Environmental Studies. \\PW\SHARED\Engineering\CIP\Eagle River Rec H\2.0 Contract Services\2.2 Design (Eng)\2.2.2 RFP & Proposal\Recommendation Memo.Doc 1 In order to evaluate these proposals with the wide variation in base fee for services and the variety of services included in that fee, the content of the proposals was divided into three separate categories. These categories were Design Team Qualifications, Quality and Conformance of the 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 Peak Land Consultants, Inc. and Inter-Mountain Engineering, Ltd. The Proposal submitted by Peak Land Consultants, Inc. was rated slightly higher due to the wetland determination and verification services included in the Base Fee and the verification of the mapping and surveying in Phase I of the design process. Based on this analysis, the initial recommendation is approval of the Proposal submitted by Peak Land Surveying, Inc., for Design Services for Phase I for the Eagle River Recreation Path II (West Beaver Creek Blvd to Confluence Lot) Project. The Town and Eagle River Water and Sanitation District staff have both worked with and are familiar with the projects produced by both Peak Land Consultants, Inc. and Inter-Mountain Engineering, Ltd. Financial Implications: The proposed base fee is within the 2001 project budget of $ 441,800.00. Recommendations: Approve the Proposal submitted by Peak Land Consultants, Inc. in response to the Town's Request for Proposals, dated January 25, 2001, for Eagle River Recreation Path II (West Beaver Creek Blvd to Confluence Lot) / Design Services for Phase I with a Base Services Fee not to exceed $ 19,950. Alternatives: Approve the Proposal submitted by Inter-Mountain Engineering, Ltd. in response to the Town's Request for Proposals, dated January 25, 2001, for Eagle River Recreation Path II (West Beaver Creek Blvd to Confluence Lot) / Design Services for Phase I with a Base Service Fee not to exceed $ 21,529. Town Manager Comments: L C6utcK i/' \\PW\SHARED\Engineering\CIP\Eagle River Rec I1\2.0 Contract Services\2.2 Design (Eng)\2.2.2 RFP & Proposal\Recommendation Memo.Doc 2 REQUEST FOR PROPOSALS PROJECT: Eagle Rivet- Recreation Patll II (West Beaver Creek Blvd to Confluence Lot) - 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 25, 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 15, 2001 Proposals must be sealed and labeled "Proposals - Eagle River Recreation Path H (West Beaver Creek Blvd to Confluence - 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 construct the Eagle River Recreation Path II. The final deliverable to the Town will be broken into two phases. The first phase will include evaluation, preliminary design and cost estimates for at least three alternate bike path locations. The second phase will consist of final design of selected alternate, 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 during 2001. The design will be reviewed by both the Town of Avon and Eagle River Water and Sanitation District as part of a joint effort project. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\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 Pre-Proposal Meeting (Mandatory) - Council Chambers - 10 AM Proposals Due by 3:00 PM Council Awards Contract for Design Services Alternate Evaluation, Preliminary Design & Cost Estimates Preliminary Design Review & Alternate Selection - Town Council Approve Agreement for Final Design Services - Town Council Final Design Complete Final Plan Review - Town Council Final Plans & Construction Documents Complete Easement Acquisition Construction January 25, 2001 February 9, 2001 February 15, 2001 February 27, 2001 April 30, 2001 May 8, 2001 May 22, 2001 July 13, 2001 July 24, 2001 August 20, 2001 September 28, 2001 Oct. 1 - Dec. 15,2001 This is a tentative schedule and dependant upon alternate design options. Design is based upon chosen design. Final design may be delayed up to one-year dependant upon design option chosen. 1.05 INCURRING COST STATEMENT The Town is not liable for costs incurred by proposers prior to the award of the contract, or at any time after the award of the contract for any costs related to the preparation or response requirements of the RFP. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 2 1.06 PAYMENT Payment will be made as set out in Part Two, on the basis of invoices submitted to the Town. Payment shall be only for work satisfactorily completed. 1.07 CONTRACT DOCUMENTS The contract shall consist of the contract instrument as negotiated and this Request for Proposal and proposer shall be governed by the terms of this Request for Proposal as fully as is those terms were expressly set forth in the contract instrument. 1.08 LIMITATIONS ON CONTRACT TYPE The Town will not accept proposals for the purchase of service based upon a cost plus percentage of cost formula. Lump sums and cost plus fixed fee not to exceed are allowed. This rule will not be waived. 1.09 INFORMATION TO BE SUBMITTED Failure to submit any required data item may be cause for rejection. Proposers may submit such other data as they deem appropriate, however, voluminous or overly elaborate proposals are discouraged. PROPOSAL INFORMATION SHALL INCLUDE: A. ORGANIZATION DESCRIPTION Provide a short resume of the organization. Include types of similar services/products performed/provided 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. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 3 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 (civil, soils, structural, land surveyor and / or landscape architect). E. STATEMENT OF WORK AND PRODUCT An outline delineating the specific tasks to be performed indicating what will be done, in what sequence, and by whom. The statement of work should include a schedule which indicates how long each task will require, and when client meetings will be held. Provide a clear statement of the final product. F. LIST OF SERVICE COSTS The firms shall provide a current rate schedule for all those elements that will be involved in this project. These rates shall remain in effect for the duration of this project. The cost proposal must be sealed and separately labeled from the rest of the - - - - - proposal, and include costs on completion of the project, including professional fees, subconsultants, reimbursable and all other costs incidental to the project. 1.10 STANDARDS AND EVALUATION FACTORS FOR AWARD A contract will be awarded only to responsible prospective 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, and the Eagle River Water and Sanitation District Board and Staff. B. Design and Cost Estimating 1. Construction cost estimating. 3. Construction plans, specifications, contract documents and bid forms. 4. Construction contract administration. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 4 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. 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 providing all engineering design services for development of final design and preparation of construction drawings, contract and bid documents, cost estimates and review through the bid and construction process for the Eagle River Recreation Path H. 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 bethe 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. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 5 2.04 CHANGES Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event Consultant encounters circumstances which it believes warrants a change in the price, quality, quantity or method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for changed work. It shall be Consultant's sole responsibility to notify the _project manager in advance, in writing, of any work that it considers to be changed or -extra.-Failure to do so, and to provide-and to receive- approval before processing, shall waive any claim for additional payment. 2.05 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, Consultant shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, Consultant shall obtain any permission required prior to entering upon private property to perform any task required. In the event Consultant is denied access to private property, Consultant shall immediately notify the-project manager-and-give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site-that may be used for the same purpose. Town shall thereupon endeavor to assist Consultant in gaining any required access. 2.06 CARE OF PUBLIC AND PRIVATE PROPERTY Consultant shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. Consultant shall be liable for any damage done through its fault or that of its subcontractors and shall restore any damaged property to the same or better condition as it was prior to Consultant's interference. 2.07 PAYMENTS Consultant shall invoice Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and subcontractor charges to date of invoice. Approved invoices are paid within thirty days of presentation. 2.08 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate this contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to Consultant at its I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 6 address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of tennination, Consultant shall immediately --stop work andterminate 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. 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 disputeshall 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. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 7 2.13 CONSULTANT'S REPRESENTATIVE Consultant shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Consultant-upon-all matters pertaining to this agreement. Consultant's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. 2.14 INSURANCE --A - In-additi-on-to-such other-insur-anee-that may--be-r-equired-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. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 8 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. 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 I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 9 B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. 2.20 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 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. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 10 PART THREE: THE WORK STATEMENT 3.01 NEEDS ASSESSMENT The Town of Avon has incorporated recreation path construction into its Capital Improvement Program. The proposed Eagle River Recreation Path II is located on the East side of West Beaver Creek Boulevard between the Eagle River and the Union Pacific Railroad. It will extend westerly approximately one-half mile, from the West end of an existing path on the Confluence Site to West Beaver Creek Boulevard. This section of path is being developed through the joint efforts of the Town of Avon and the Eagle River Water and Sanitation District. It will become a part of the Eagle Valley Master Trail Corridor and shall conform to ECO trail standards. This section will link the recently constructed section of path along West of West Beaver Creek Boulevard and the existing Confluence Site path. 3.02 PROJECT DESCRIPTION AND REQUIREMENTS The primary goal of the first phase of this Proposal is to develop and evaluate alternate designs and locations with corresponding cost estimates for a recreation path. The alternate designs and locations shall consider site, physical, environmental, aesthetic and cost constraints. The design shall be based on construction of a 10' wide asphalt path with V shoulders on each side and conforming to ECO trail standards. The design shall -be-compliant with-the _Americans-With -Disabilities -Act (ADA) (42USC As Amended) and create an appearance that coincides with, and is compatible with, the existing Town recreation paths. The second phase of this Proposal will be development of final design details, construction drawings, specifications, and construction contract and bid documents for construction of the selected alternate location and design. 3.03 SURVEY INFORMATION The Town will provide base topographic map of the project area, with information based on aerial photography, at a scale of 1"equals 20' (1" = 20') with 1 foot contour intervals. 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 engineering design services including, but not limited to civil, structural, soils/geotechnical and land surveying, as required to complete preparation of construction plans, specifications and contract documents for the above described project. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 11 B. Provision of electronic file copies 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 tentative schedule as outlined above including, but not limited to, utility relocation, traffic control, right-of-way and easement acquisition and coordination and approval of applicable entities such as Eagle River Water & Sanitation District and Union Pacific Railroad. D. Coordination and facilitation of all utility relocation and modification as necessary - to complete the project. -- - E. Provisions for a minimum of two (2) presentations and / or joint meetings with the Avon Town Council and Eagle River Water and Sanitation District to discuss alternate designs and locations and biweekly meetings with Town and Eagle River Water and Sanitation District 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 and Tasks. PHASE I Task 1 - Information gathering. This is a function of, a) input sessions with designated interest groups, the Town and Eagle River Water & Sanitation District Staffs, and, b) initial data collection such as verifying existing conditions. Task 2 - Development of at least three alternate design/location solutions complete with cost estimates and evaluation of the viability for construction of each alternate. This will include meetings with staff to review the various alternates being considered development of a recommended alternate design/location solution. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 12 I'd Task 3 - A Report describing the various design/location alternates considered, summarizing the cost estimates and evaluation of construction viability of each alternate - and presenting a recommended alternate design/location solution shall be prepared and presented to the Avon Town Council and Eagle River Water & Sanitation District Board. Report shall also include identification of additional studies, permits and agency approvals required for construction of each alternate. PHASE It --Task -1---Development_of final design -including -construction-drawings and specifications, final cost estimate, and construction contract and bid documents. Task 2 - Completion of Surveys and preparation of legal descriptions as necessary for acquisition of permits and easements required for construction of selected alternate. Task 3 - 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 and Tasks as outlined above with the fee and scope of services for each Task under Phase I clearly shown in accordance with Section 1.09 F. The Fee for services described under Phase H will be negotiated following Town selection of an acceptable alternate for final design and construction. I:\Engineering\CIP\Eagle River Bike Path - East\2.0 Contract Services\2.2 Design (Eng)\RFP.doc 13 Memorandum To: Bill Efting, Town Manager-j-±_ CC: Larry Brooks, Assistant Town Manager Kris Nash, Town Clerk- _- ---- From: Bob-Reed;_Public-Works Director Date: 03/02/00 Re: Council chambers audio system Attached you will find a proposal from Black Parrot Audio to upgrade the Council Chamber's audio system. This is the same type of setup that was installed at Eagle County and at Gypsum. Speakers may be controlled by each Councilperson as well as amaster override controlled by the Mayor, or whatever position you wish to assign that to. This proposal does not include any new wiring or replacement of speakers. Kevin McCann, of Black Parrot Audio, feels we are adequate in that area. I would recommend this as a first phase to improve the transmitted sound to the television recordings. The second phase would include some wiring to be able to transmit a digital signal over the Internet, something Eagle County has been very pleased with. No money was budgeted in the year 2000 for this, so we would need to amend the Facilities budget accordingly. Please let me know if you would like Kris and I to pursue this. F L 2B-'L,D-Mb 04:-114 Vm zI-"UKY14KKU / HUL lU 0125 CAnmbom Arenw, inlto 21.22 00 sox 2176 isON, Co 0631 Fn6ni: 67042g-0137 i-WwPW. b;6wkV win•mwi AIM 7fb SCtf to 13t3 Emr.MiA W= 1-. w 1 Tel Ba Reed From KeAn McCann Vskm 970-748-1958 rag= ;^ ;'.n_ALd g this Cesar rep) ilk £7Cr7484100 Dam 3n5roo Re: Proposal br aud:r. Y Idev- v"k CC: Cl Urgerd ® For ReWew 0 Please Conw"M ? Please Reply O /base Recycle • Comments: Bob, Here is the proposal for the audio wore requested for me Town d Avon. FiOafrz fwlew, syr? 5-e- res:m our I..L. ,a .:;a. a copy of this to me with a mteriais deposit so mat we "" pvt YOU a + ov J- PWoK al ne if you M-ve any q;;esUor is or read more lrfar-10M. Thank you! Kevin 070-328-0137 / voioe 670`328-0172 / fox • ?Y iV VV Vt .JJ f „ LL,". 4.. ,fir .". •\•\V .."•VY1V -.V --V Va-O Black rurroT Audio lechnologiez,IX1111kV. ProDOSaI: 3012 Kevin D. McCann Date: February 25, 2000 Preai6ant Client. Town of Avon Attn: Bob Reed Location of Job: Town of Avon Building Coptroct Agreement: Black Perrot Audb Technologies WW provide the eoufpment, mstenaa and insteUli.on $vvicee dwsc i in pppd98l for 111e price 88t OUt OBIOw. (:"es SO ti118 proposB' wni lequin b ¦64u+1 uwiye Gi,o oo.uy ..,,. ? ?., W......_ ..._ -• --.... _. _ w ft-'e et a+ o?nM ??..+in'. oranna% oridino and ztwvderd labor rates. This propoeaf does not Include related work suds sa efesirica?, IXXldt,lt. trenc. a kv, dryr•aN, painting, cabirteb, or custom fabrication uMess %PSd c;ely deealbed. wwN mll inst&W by Blade Parrot Audio but possibly used by Black Parrot Audio Is not covered by Bad Perrot Audro whiff". rraymetru must u8 maw according too* payment terns spem ad c0ow in oroef for isle V= iv poyieto6 Wit; ue.?"w - w ? s..?..rat? In i L^ -8 !!31e!!tef. Gurmnteat: inst.- :Cim w-mm p- .--.ed -A kw-tsfa!yn metaie!a presided by Black Panel Audio Technalogks. Mc. are puanrteed to be free d defects fof one year. AN eauioment Provided try elade Parrot Audio Technologies, Inc. carries and is subject to Rte manufeclureell warranty on the component. Equipment requWV service during the warranty period will be removed. submitted for eervwe and reinswried by 54A Pdfot _? _v...• _ _...w:C..A I....... I.•w.er 1H ?m nnmMf Miff Audq 1*eC of ChefBe. 1 nta yuaranrse coat not aDPry to tequtpmOnt trua IIx, txa? mousvu, sic a •r , ,-.?..._... _.._ r m --d_ded !r= !t:h nuamttf. Payment Terms: Materials deposit In the amount of $8,937.70 is ous upon acceptance of propvstr, t,ePofe sly v cmk _. __ ,_ I_L -: shall begin. 5D% of remaining balance in the amount of $6W.00 is due upon delivery w mnte„tol, w JUD 04Ie. Remaining balance of $M.00 is due ImmediaWy upon cornoetion of v o(k, ftot eluuwaly call cw= u. .......A ....... t)w ordered. 1Sm paymeni deiaii ouoined in Paragraph 5, ueriV-Wj Overdue paymenia are aubjeci iv i tilt pinirij of 11,579' W inont i• E{sctranlcs & IntUtlation, {see attaw.sci pages, det8lling mitteneis, elegy ics and installation Vaa Pa M, ' Atrd to Tec;.;vbgles, Inc. Is s l:0-h-1 cueorn eledranics design and installation company. OurmiputatW v: v riv?v vn?ile?m h?? Moen rwlph>jlk, hrr1H in thA YAiI Y91feV This rvnMfAr rt?p-es!f#s a de-Sign carefully prepared with your requirements, with our experience and knowledge of I,vLktrv slerrderds all balanoed to form a workable plan. Please evaluate this proposal to determine if it meets your needs and budget. Eleck Parrot Audios design fwjdb by allows us to easily modify this proposal to truly meet your expedations. This plan can be fully impiwm ed alt ibis U me or in stages as your needs prow. Invest Ing In quality elect ronks and having Them properly insi ailed will pro MOO you wit, to r,, wily . N firm ft, ,P,W operation and enjoyment. Mease iet me Know now f can neip mane r" odwas ANNA vah"Y S=k Pw--,ct 'eudlo Twh=!^g!es, Inc- 07Z5 Chon6mrs' Avvfi,o, W-MU 21-2. CC Q:63t a Phon! 970_329-0137 • Fax: 970-328-0138 PARAGRAPH 1: Any alteration or deviation from this contract wail be considered an "extra" or °cnanpe and will be performed only aver a wrMen request is SUu1111aaav av z"ack r .-..,v,v ,c-hno;oBies ar>o iS BiBnea °Y c?isiomer vi 6 uc.`s'y?wty i icFncoc? t: .c v^.d 1lr?.An %Arf gnn Tom'-' a.I.-"..J11 ?- LnI-J a •:?- J ,?.:..t ... Q7[ .v.n 1.ry?r nhlO rrrfOri!!i! rlf ARV I t1WW eAlf mil Lou untaa. SI ludo oiw W1 lot vt y, a fivi Invr1 ?....+ • • a•• •vi• POJ GcePH 2: Qlac. Parrot Audio wail rraerfnrm 2 Inh Rite "welk. thmuah" with customer (walk thr_olinh t_ be -on-oei tw t<avin Mrr:sznn with Bob Reed). Customer or designated MnrPP.Antxat;vP. fnrciP.tPrmintu the In-ration of all installed devices. After all locations have been detswmined, homeowner or designated representative will sign a set of prints (or rough drawing for non pre-construction work). indicating said locations, as written approval to continue wllh work and to verify all equipment locations are-correct. H a change In location occurs aftror wor* has --begun It will be-consld t ed-a"chsngo'--and subject to the N ms In Paragraph 1, obove. PARAGRAPH-3: Customer is responsible for otu-1ni ig any and all applicable permits, if required (NPw construction only). PARAGRAPH 4: Black Parrot Audio will provide 1 hour of lfb`1r,1rQI rrl how tO 6so alt installed sysiems. Any additional iraining will be Diile:d all, $76 per friar, how. PARAGRAPH 6: Total job cost shall be W8,137.70. Payrnent for work shall be paid as follows: ???ae^c'.•l°a ?.? to 1^. lk&% .0.^:.^1 rt of QA 0'27 7n hall he rDirl jIn_,n arrr_?nta_nm of proposal, before Iuro& hnnnl" CAN, rf romz;ninan (%n_innrp ` Ann•on) RhAtl hp nald when all equipment is delivered fn inh AI}P (nap narranrwnh A, hPlrrwl. Remaining '50% of remaining balance ($800.00) Shall be paid immediately upon ?completlon of all work, not Includirlo any "extras" that ore not listed In this odoln?rl contract. PARAGRAPH 8: A predetermined date MI be established by customer or designated representative as to the delivery Clete of all equipment. Wterlals-shall be delivered to Town of Avon and is the sole responsibility of customer. If materials cannot be OellvereO to job site, then customer will provide 9ONuele-storage-f8ciitly.--- PARAGRAPH 7: All equipment is warranted by orvJ t lrCliiy11 the manulacturer, except for custom pU110 loud s?d?`3 by Dia<;i\ i~dI1Vt AWV-1V, t.1UbLLMJ § lima iviu 1 i %%ft Porrv Fiiiiiiv r«irr :1-.°s for :_?.._....+...,..e,..J.. 1?1ni1uie?:wlai a wte?,w, e?ti. My slgneture below Indicstoa that 1 accept this proposal for work from Stock Parrot Auhilo Technoftgiee. Proposal Accepted icy: Date: Oq0 RL Vf V1?YI W?JW 1 IW?11wwIi?Y?C •///???I r -00 A- -?-1 A--?-?- J L... /IPA, I/A`F N v/?.?? vote. v - r ru?vaa+ r i d?,t.I VU vy. „ w-? n u:e . n? er a ?e?.r}f Please return signed proposal with materials deposit to: Black Parrot Audio Thank you for your consideration. Black Parrot Audio Technolodes, inc. PO BOX 2176 Facle. CO 81631-2176 NAME/ADDRESS r_..._ r ?..oil ?,Iw• Ani? R_oPA_ PO Rm 975 - --- - `Avm CO 61620- -- n r P T r11l?T III vco?.n?r 1 Ivl'll Digital Commercial Sound Amplifier Shute MX41$ gooseneck microphones Shure SCM810 Mixer - 8 channel Shure.SCM4 W Mixer-- 4 ehsnnci - - -- -- - --- Qiurc Den-i 1 Ev Akio fyiiislizer Shure rricroo;hone 2 (Cch llci Ott S751hr Tax Exemot Fsfiimate i nesc i KCTt?AATF iVO. I ?MOttt10 i _ 3012 ^ ^ r r%%j Up 1 i i QTY i RATE TOTAL i.! I 755.00 ! 755.u0 L i 91 297.00 ! 21o733.00 i 455 ;0 ? ;,ARC M o[e ac I RSO OS I I 1 7??,?S I 722.25 I 1 ! 472.50 I 472.50 I 161 75.00 I 1,200.00 i ! ! i ! I. i ! 1 0.00 ? I I I 1 0.00 ! 1 ! I 1 i T "I- you ror your consideration. i A, 0 1 V I AL 56,137.70 RNL DESIGN AGREEMENT TO FURNISH CONSULTING SERVICES TO CLIENT ARCHITECT RNL DESIGN, A Professional Corporation ("RNL DESIGN") 1515 Arapahoe Street Tower 3, Suite 700 Denver, CO 80202 Telephone: (303)-295-1717 - - Facsimile: (303) 292-0845___- (Representative's Name) Richard L. von Luhrte Date: February 21, 2001 Title: Senior Principal RNL DESIGN Project No: 8772.02 Direct Telephone: 303.575.8506 E-mail: rich.vonluhrte@mldesign.com Project Manager: Patric Dawe / 303.575.8540 / pat.dawe@mldesign.com CLIENT (Company name) Town of Avon (Representative's Name) Bill Efting Title: Town Manager (Address) P.O. Box 975 (City, State, Zip) Avon, Colorado 81620 Telephone: 970.748.4072 Facsimile: 970.949.5749 E-mail: belting@avon.org Either Client or RNL DESIGN may change its designated Representative by advising the other party in writing. PROJECT DESCRIPTION AND LOCATION: (Insert description and address or attach same as a separate Exhibit), hereinafter referred to as the "Project". Revised Town Center Plan describing private and public projects to be included and coordinated in a plan which is preparatory to architectural and engineering schematics. DESCRIPTION OF RNL SERVICES: ---------------------------------------------------------------------------------------------------------------------- RNL DESIGN will provide professional services for the Project as set forth in Exhibit A, Scope of Services, Dated 2/21/01. 08/27/98 page I of 5c:\documents and settings\blevin\desktop\rnlcontractrev.doc PROJECT PHASING: (If required) Requested Start Date: February 15, 2001 Anticipated Completion Date: June 30, 2001 COMPENSATION: ---------------------------------------------------------------------------------------------------------------------- Compensation for the RNL DESIGN Services, described above, shall be a fixed amount of Fifty-eight thousand, three hundred-eighty Dollars ($ 58,380.00), which shall be billed on a percentage of completion basis as follows: Task 1 Completion = 10% Task 2 Completion = 20% Task 3 Completion = 10% Task 4 Completion = 40% Task 5 Completion = 20% TOTAL BILLING 100% TERMS AND CONDITIONS OF SERVICE REIMBURSABLE EXPENSE: In addition to Basic Compensation, RNL DESIGN shall be reimbursed for all disbursements made for the benefit of the project. These reimbursements shall include but not be limited to: Travel Expenses Telecommunications Charges Printing and Reproduction Other Direct expenses resulting from Project Activities Reimbursable expenses shall be billed on a monthly basis as incurred, at 1.10 times direct cost. 2. CONSULTANTS TO RNL DESIGN: All professional services which are required for the provision of the services described in the Scope of Services and/or for any Additional Services, which are not available from RNL DESIGN itself, may, with Client's prior written consent, be obtained by RNL DESIGN from other consultants. RNL DESIGN will invoice Client for the work of such authorized consultants at cost plus the time required for RNL DESIGN coordination. 3. ADDITIONAL SERVICES: Should Client request any work not described and included in the above Description of Services ("Additional Services"), RNL DESIGN will provide such services to Client and will invoice Client on an hourly basis in accordance with Exhibit C, RNL DESIGN Hourly Billing Rates. 4. BILLING: Invoices, with appropriate supporting documents, shall be submitted monthly based on the amount of services completed and are payable by the Client within 30 days of the date of invoice. Invoices due and remaining unpaid under this Agreement thirty days after the date of the 08/27/98 page 2 of 5c:\documents and settings\blevin\desktop\rnlcontractrev.doc invoice shall bear interest at a rate of 1-1/2% per month from the day of the invoice. If invoices are not timely paid, Client agrees to pay all costs and expenses incurred by RNL DESIGN in the collection of unpaid invoices, including attorneys' fees, court costs and expenses of collection, as well as the professional and staff time of RNL DESIGN employees reasonably incurred in collecting such fees and expenses. 5. Client and RNL DESIGN agree that RNL DESIGN shall not be responsible or liable for any errors, acts or omissions of Client or any contractor, subcontractor, architect, engineer or other person or entity employed or retained by Client for the Project. 6. Subject to the limits provided in the Colorado Governmental Immunity Act, Client agrees to indemnify and hold RNL DESIGN harmless from any losses, claims, demands and expenses (including attorneys' fees) which RNL DESIGN incurs as a result of any negligent errors, acts or omissions of Client, and other design professional consultants and/or any construction contractor or subcontractor employed or retained by Client for the project. 7. Either party may terminate this Agreement upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Client and RNL DESIGN waive claims against each other for consequential damages arising out of or relating to this Agreement and the performance thereof. This mutual waiver includes and shall be limited to: (a) damages incurred by the Client for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (b) damages incurred by RNL DESIGN for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation. 9. Client and RNL DESIGN agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating the services of RNL DESIGN (and/or its consultants), the Project or this Agreement (hereinafter collectively referred to as "Disputes"). It is the mutual desire, intent and commitment of the Client and RNL DESIGN that a sincere and good faith effort be made to resolve any and all such Disputes, promptly, in a mutually satisfactory manner, and without the need for incurring the time, expense and delay occasioned by resort to litigation. Therefore, the Client and RNL DESIGN agree that all Disputes, which are not resolved as a result of the exchange of information and meetings, shall be submitted, as a condition precedent to litigation or arbitration, to non-binding mediation, in accordance with the Commercial Mediation Rules of the American Arbitration Association ("AAA"). The selection of the mediator, as well as, the date, time and location of the mediation shall be by the mutual agreement of the parties or failing mutual agreement within a reasonable time, the selection of the mediator, as well as the date, time and location of the mediation shall made by the AAA. 10. Disputes 08/27/98 page 3 of 5c:\documents and settings\blevin\desktop\rnlcontractrev.doc (a) All Disputes, which: (i) are not resolved as contemplated in Paragraph 10 above; and (ii) which involve an amount in controversy legitimately in excess of $100,000, shall be resolved by initiation of formal judicial proceedings in an appropriate court of law of competent jurisdiction and proper venue, unless the Client and RNL DESIGN agree in writing to utilize some other alternative dispute resolution procedure. (b) All Disputes, which: (i) are not resolved as contemplated in Paragraph 10 above; and (ii) which involve an amount in controversy of $100,000 or less, shall be resolved by submission to binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA. No joinder in such arbitration shall be permitted of any other party without the prior written consent of Client, RNL DESIGN and such party. (c) This agreement to arbitrate shall be specifically enforceable under all applicable prevailing arbitration law. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with all parties to be joined in such arbitration and the AAA. The demand for arbitration shall be made within a reasonable time after the parties' failure to resolve the Dispute as contemplated in Paragraph 10 hereof. (d) Notwithstanding anything in this Agreement to the contrary, in no event shall any arbitration or judicial proceedings of any kind be commenced or maintained after the date when institution of legal or equitable proceedings based on such Dispute would be barred, limited or precluded by the applicable law. (e) Pending the resolution of any Dispute(s), Client and RNL DESIGN shall proceed with the performance of their respective obligations under the Agreement or any portion thereof to be performed to which such Dispute(s) pertain. 11. This Agreement shall constitute the entire, complete and integrated Agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations, and letters of intent, whether written or oral, pertaining to the Project. 12. The provision of services by RNL DESIGN and the interpretation of this Agreement shall be governed by the laws of the State of Colorado. 08/27/98 page 4 of 5cAdocuments and settings\blevin\desktop\mlcontractrev.doc IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first appearing above. CLIENT: By: Bill Efting Title: Town Manager Date: RNL DESIGN, A PROFESSIONAL CORPORATION: By: Richard L. von Luhrte, FAIA Title: Senior Principal Date: 08/27/98 page 5 of 5c:\documents and settings\blevin\desktop\rnlcontractrev.doc ATTACHMENT A - Scope of Services AVON TOWN CENTER Master Plan 2/21/01 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 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 Deliverable: Meeting Notes 1 of 4 ATTACHMENT A - Scope of Services 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. 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 Deliverable: Alternative Scenario Drawings 3. 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 Deliverable: Evaluation Memo 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 2 of 4 ATTACHMENT A - Scope of Services 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 Mark Montoya 8 hrs. x $140 = $1120 Economic Consultant: $7500 Traffic Consultant $7500 Deliverable: Draft Town Center Plan Report 5. RNL will refine the Town Center Implementation Plan in accordance with the comments received from Council 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. 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 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 Leggin 16 hrs. x $115 = $1840 Consultant $4000 Deliverable: Final Town Center Plan Report 3 of 4 ATTACHMENT A - Scope of Services Total Labor Estimate (through Task 5) $35,380 Reimbursable Expenses $ 3,000 Subtotal $38,380 Consultants Traffic, Parking $ 8,000 Economics $ 8,000 Cost Estimating $ 4,000 Total Project Cost Estimate $58;380 Subsequent Design/Engineering Tasks Related to Implementation Landscape and Civil Engineering Design and 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 4 of 4 U 16 U 0 C 7 a C 0 C d d a E L d C V C 3 o „ c ? Z O H H c 0 Z W W o 0 J u i •f Q? d a co 7 ------ a) 3 ----- - U O 3 c?W•5 cu `= • V ?' a E c 4-- .0 U T o U) (A O m O LO Y CZ- ` Q ? (0 U ca - _U E CL 0 CL c rn O o o Z v w w `I00 O•` c.- Q_ Y l N ? O Q V a O U LL ? M (aD w o 3 ?U O Y N U Y r cd Attachment C RNL Design Hourly Fee Rates Patric Dawe Jim Leggin Heather Gregg Jean Robbins Mark Montoya $13 0/hr. $115/hr. $ 89/hr. $ 78/hr. $140/hr.