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TC Council Packet 03-13-2001Town Council Meetings Roll Call Check Sheet Michael Brown Debbie Buckley ' Peter Buckley Rick Cuny r Mac McDevitt Buz Reynolds Judy Yoder 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: 3/14/01 Seating arrangements from west to east: P. Buckley, Reynolds, Cuny, Yoder, McDevitt, D. Buckley, Brown Staff Present: Bill Efting Larry Brooks Burt Levin Kris Nash Jacquie Halburnt Scott Wright Jeff Layman Charlie Moore Norm Wood Meryl Jacobs Bob Reed 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 MARCH 13, 2001, AT 3:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO-FOR=THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45 PM - 4:15 PM 1.) Land Negotiations (Executive Session) 4:15 PM - 4:45 PM 2.) Recreation Center Preliminary Design 4:45 PM - 5:00 PM 3.) Guardrail Request - Wildridge Road 5:00 PM - 5:15 PM 4.) Wildridge Electric Relocation 5:15 PM - 5:30 PM 5,) Staff Updates 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: Kfisten Nash Town Clerk POSTED AT THE-FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 9,2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Memo o: Honorable Mayor and 1 own Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer?L?/ Anne Martens, Engineer I Date: March 8, 2001 Re: Avon Recreation Center Refurbuishment of Locker and Changing Rooms Preliminary Plan summary: Attached is a preliminary design, description of the mechanical, electrical and plumbing issues, and cost estimate for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms. The redesign of the locker and changing rooms includes the lockers, seating areas, floors, shower stalls, vanities, urinals, water closets, storage, and water and ventilation issues. The end result of the project will be to provide a more functional locker and changing room areas with materials to withstand heavy use. The preliminary plan modifies the family changing room to provide more space for lockers in the Women's Locker Room and reconfiguration of the access to the Men's Locker Room to provide for additional storage. Both Locker Rooms would have a modification to the vanity areas to provide for additional locker area. The lockers proposed provide a bench directly in front of the lockers to eliminate the common bench and allow for more lockers. The proposed Cost Estimate uses the products, which the Design Team has recommended as the best choices from the standpoint of durability and cost. Alternates are provided along with the costs associated with the alternates. The current Project Budget is $250,000, with $39,990 allocated to design services. The proposed cost estimate for construction is $468,950. The staff is requesting direction from the Council as to alternates proposed in the design to bring the construction cost closer in line with the project Budget. Town Manager Comments: ?]? ?- Suer 5c? - M;S?,? ?H? -rte cQ d i c sS lAEngineering\CIP\Rec Center Refurbish\3.0 Design\3.1 General Corr\Prelim Pres Memo.Doc r G c n c c c r c i CCC M +? r??s ?N ? N?l? !N ILI !+? ° REFURBISHMENT OF THE LOCKER I I I I I i i i I l l l l o A AND CHANGING ROOMS PROJECT FOR: MORMON D AVON RECREATION CENTER v o ° _ m A AVON, COLORADO 81620 O m 7p • 70 O O 3 s Z Q i} 70f f f lf?? a5r fay ? ?fM? POP REFURBISHMENT OF THE LOCKER I I I I I I I I I I I I I I I I o> o AND CHANGING ROOMS PROJECT FOR: D AVON RECREATION CENTER ®o = m m AVON, COLORADO 81620 N f I???IIIIII???II ? ? ° ° e ? a FAMILY CHANGING ROOM--ALTERNATIVE PLAN SCALE: 1/4" = P-0" r00 wE ENGINEERS, INC. 48 E. MVER CREEK AM 50C 301 ` p.0. $OX 5140, AVON, CD. 81620 PH: t9)0) 9494000 fAX: (910)10-1151 MEMORANDUM Date: March 7, 2001 To: Tom Owens - VMDA From: Mike Dav RE: Avon Rec. Center Cc: Chris Juergen - VMDA Here is a preliminary list of MEP issues that should be addressed for pricing on the Avon Recreation Center upgrade and remodel. We have provided this list in order of priority. 1) Upgrade to the domestic hot water system is dependent upon results from investigation into the calcification issue. If the tank's performance is not being compromised by a build up of calcium, the system should only need to be re-piped to enhance the performance. If calcium build up is a problem, the existing tank should be removed and replaced with a new three-tank system piped in parallel. In either case a master mixing assembly should be added to the system for safety reasons. 2) Replace existing shower valves with new pressure/temperature compensating valves with anti-scald limits. This will help to prevent fluctuations in temperature. 3) Add water-softening system for domestic hot water system. This will greatly reduce the amount of silicates (calcification) in the hot water system which affects the performance of the system. 4) Provide additional floor drains in the dry areas of the lockers. 5) Replacing existing countertop lavatories with new underhung lavatories. 6) Provide automatic faucets on lavatories. 7) Provide GFI outlets, properly circuited, at the vanities. 8) Replace downlights in shower area with new fixtures listed for wet locations. 9) Replace cove lighting above toilets and urinals. 10) Provide hot and cold hose bibs in storage room for washdown purposes. 11) Add point of use water heater at activity room sink. The hot water supply was frozen and never replaced. 12) Addition of a 1600 cfm/ 4 ton rooftop unit (100% outside air) for the lockerrooms. 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N O < 7 n CO t o c C1 O CD n 7 O 00 3 O O 3 C D ( D ( D a 0 3 N _ n CP N a- ( 7 D Q : ? 0 O n r C T v ? , rn p n C D t o 7' O V) co rn O MEMO To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From: Bob Reed, Director of Public Works Date: March 8, 2001 Re: Guardrail Request Summary We have received a couple of requests to install a guardrail on the curve where Lynn Schleper drove off the road early this winter (Lots 33, 34, 35, Block 4, Wildridge). I have looked at this with several staff members and we are all in agreement that a guardrail in this location is not the answer. Guidelines for the American Association of State Highway and Transportation Officials (AASHTO) and the manual on Uniform Traffic Code Devices (MUTCD) state that "a traffic barrier should be installed only if it reduces the severity of potential accidents." It is also important to note that probability and frequency of accidents does not affect the severity of potential accidents. Any traffic barrier installed in the right of way in this area creates a condition that could cause-more e-damage-to a vehicle than-sliding-through-and/or-missing the turn. Recommendation There are three separate lots on this curve. I suggest asking the owners their permission to build an earth berm across the lots large enough to stop a vehicle should it make it across the right of way. It would be easy to remove when those lots are developed and can be done with minimal damage to the lots. Again, we are creating an obstacle that may cause damage to a vehicle, in a place where there is substantial runoff to be able to stop under normal circumstances. ? Co•'ILct ?- ??. 5 ? S a prr C`?LF??J 0 S p ? ?,r Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood Town Engineer I Date: March 7, 2001 Re: Wildridge - Overhead Electric Relocation Summary: Holy Cross Energy has prepared the attached conceptual alignments and cost estimates for both undergrounding the existing overhead transmission line and for relocating it to basically parallel the existing lower 115kv overhead transmission line. Please note that this conceptual underground alignment follows existing -streets and extends from June Creek to the substation on Metcalf Road, a distance of approximately 3.1 miles. This is approximately three times the length of underground anticipated in earlier cost estimates that followed the current overhead layout and easement. The estimated cost for this alignment is now $9,900,000 to $12,800,000. The proposed overhead relocation has a total length of approximately 4.3 miles with an estimated cost of $2,000,000. This relocation extends from June Creek to US Forest Service Land approximately 1/2 half mile east of Mountain Star. This relocation can be modified to go only from June Creek to the Metcalf Substation with a corresponding reduction in cost, approximately $1,000,000. A portion of the relocated line will be in Eagle County and the majority of the relocation is on US Forest Service Land. This will have a significant impact on any construction schedule for this relocation. If there is a desire to pursue this further, the suggested next step is to develop an agreement with Holy Cross Energy to authorize them to proceed with development of preliminary plans and cost estimates for the relocation. This agreement would basically require the Town reimburse Holy Cross for design costs incurred if the project does not go forward. While we do not have a projected cost from Holy Cross, we anticipate these preliminary design costs will be in the $20,000 to $40,000 range, depending upon the level of mapping required. Town Manager Comments: ?? h a a S o o J ?11 ?c f '? w f ?' f{? l C? c 5- f h(I? C?a.. ?? -r-?r Grf rtn5, I_\Engineering\Administration\Miscellaneous\Wildridge Elec\Relocation Meino- l.Doc 115 kV Transmission Line Relocation Estimates March 5, 2001 Overhead Relocation 4.3 miles of existing overhead 115 kV transmission line along the route shown on the attached sketch is estimated to cost: Relocation work $1,300,000 Substation work 225,000 Existing Overhead Retirement 100,000 Engineering, overheads and right-of-way 375,000 Total estimated cost $2,000,000 Underground Placing 3.1 miles of existing overhead 115 kV transmission line underground along the route shown on the attached sketch is estimated to cost: Trenching Spoil hauling Conduit and vaults Backfill and flowfill Paving and reveg Traffic control Cable installation Substation work Existing overhead retirement Engineering, overheads and right-of-way $ 690,000 - 1,020,000 1,290,000- 1,800,000 1,040,000 -1,490,000 1,580,000 - 3,090,000 1,300,000 280,000 - 380,000 2,190,000 200,000 50,000 1,280,000 Total estimated cost $9,900,000 -12,800,000 ,y t:? • 1 -itil Sf41 m i 7 ' 'K j 2?3Z W U lf7 000 O ry4 N t2 I` 1` J A I' ,OOS ` 11W, ? 1 ? y4? W ?. 1S k4 Ss `t? ? 1 2-y5 O N 1 ' ' • • / :to ? 1 I 1 ?i?nt i__ _ _? V•,ln ?S'll \ ~~? M 33bJ NJnp to o / i t \ Q r yr U-) ? o cv rl) to V) V) Ln w ; ::: . V) . . J. • • l? I? ?Ip ,'ice • N3321J j1dJ131'1 I ? - , iti?t?,:`?2ci}?y:? .• w i c? ! V) C-4 ................. _ ?NOI ? op Ab ... It'7 ? ? y+ . . . . .. . ... .... .. ^ . ... .... ... .. , ?v ^ M1yM1 _ r ?y,J N lit. n ?_ ___ •...• m of=t ?l\ti• r)r i? IW ° In ; 1 N UVDCR C?AOMAI P ?.o?ATiort/ TOWN OF AVON REGULAR COUNCIL MEETING AGENDA March 13, 2001 - 5:30 PM 1. Call to Order / Roll Call /)G 2. Citizen Input 3. - Ordinances 4. Resolutions 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business a/Lc? 11. Consent Agenda a.) Approval of the February 27, 2001 Council Meeting Minutes b.) Swift Gulch Road Realignment - Inter-Mountain Engineering Design Services Proposal J c.) Storm Drainage Improvements, Metcalf Basin Phase I - Inter-Mountain Engineering 1 Design Services Proposal l ? c " d.) Reapproval of the Final Plat for Mountain Vista Resort Subdivision, A Resubdivision of Lot C, A Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado e.) Contract with Western Enterprises for July 4?h Fireworks 12. Adjournmentf ?,? MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 27, 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, Rick Cuny, Mac McDevitt and Mayor Protem Buz Reynolds present. 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, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Mike Matzko, as well as members of the public Second Reading of Ordinance No. 01-02, Series of 2001, An Ordinance Amending Section 2.08.100(C) of the Avon Code Mayor Yoder stated this is a public hearing. Town Attorney Levin stated that this ordinance allows for the Court Clerk to be paid bi- weekly. The code now states that the Court Clerk gets paid monthly. There being no comments from the public, the Mayor closed the public hearing. Councilor Brown motioned approval of Ordinance No. 01-02, Series of 2001. Councilor Debbie Buckley seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. 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 Engineer Norm Wood stated that Chapel Square has requested a reduction in their security deposit made for completion of the public improvements of Chapel Place and Chapel Alley. Staff recommends their security deposit be reduced to $215,000 and recommends approval of Resolution No. 01-06. Councilor Debbie Buckley motioned approval of Resolution No. 01-06, Series of 2001. Councilor McDevitt seconded the motion. The motion carried unanimously. Town Manager Report: Town Manager Efting stated that he will be attending a CARTS meeting on Thursday. Consent Agenda: a.) Approval of the February 13, 2001 Council Meeting Minutes b.) Financial Matters c.) Eagle River Recreation Path II (W. Beaver Creek Blvd. to Confluence Lot) - Design Services Proposal for Phase I 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 Councilor Debbie Buckley motioned approval of the Consent Agenda with the deletion of item d. Councilor Brown 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 5:36 PM. SPECTFULLY SUBMITTED: en Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer` March 8, 2001 Swift Gulch Road Realignment Inter-Mountain Engineering Design Services Proposal Summary: Inter-Mountain Engineering, Ltd., has submitted the attached Proposal for design services for Swift Gulch Road Relocation. The design services include 1) information gathering and base mapping, 2) preliminary alignment, profile and sections, 3) preliminary drainage design and 4) preliminary construction cost estimates. This work will be completed by April 9, 2001. Total estimated cost for these services is $10,132.50, which is broken down as follows: 1. Information Gathering $ 2,15 5.00 2. Preliminary Alignment, Profile & Sections 3,050.00 3. Preliminary Drainage Design 1,405.00 4. Preliminary Construction Cost Estimate 2,535.00 5. Reimbursable Expenses 125.00 6. Optional Sub-Consultant Charges 862.50 Total Cost - Not to Exceed $10,132.50 The cost of these services is within the current Nottingham Road Street Improvements budget. If we proceed with this project we will recommend adding a line item to the Capital Improvements Budget to establish this as an independent project. Approval of this Proposal for design services by Inter-Mountain Engineering, Ltd., for Swift Gulch road Relocation design at a cost not to exceed $ 10,132.50 is recommended. Recommendations: Approve Proposal from Inter-Mountain Engineering, Ltd. for design services by Inter-Mountain Engineering, Ltd., for Swift Gulch Road Relocation design at a cost not to exceed $ 10,132.50. Town Manager Comments: J! Ce 0 (C' t' \\PW\SHARED\Engineering\Subdivision\Bendirnark Al BC\Cottonwood\Prel Design Prpsl Mcrno-l.Doc 0 K Inter-Mountain EngineeringLta. March 5, 2001 Mr. Norman Wood, Town Engineer Town of Avon P" O. Box 975 500 Swift Gulch Road Avon, CO 81620 Hand Deliver Re: Swift Gulch Road Relocation Preliminary Design Services and Cost Estimate Dear Norman, Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for preliminary engineering design services and a cost estimate for constructing approximately 600 feet of roadway (36' paved width with two 12' travel lanes and two 6' shoulders), conforming to Town of Avon road standards and requirements. Swift Gulch Road will be relocated so as to intersect with Mountain Star Road instead of Nottingham Road. The horizontal layout of the proposed centerline for the relocated road will generally follow the layout indicated on Exhibit "Bu, Sketch 'B' We feel that we are uniquely qualified for this project due to our solid working relationship with the Town and the fact that we are a local firm with extensive experience designing and building projects of this size and scope. We also feel that being local is a significant asset that will allow us to be more responsive to the Town's needs during design. Over the years, IME has successfully completed many similar projects. We are well versed in the Town's design standards and familiar with Town expectations, which will help lead to a successful project and a superior product. IME is an equal opportunity employer. 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 Page 2 of 6 Swift Gulch Road Relocation Preliminary Design Services March 6, 2001 Team Description and Profile IME is a multi-disciplined civil engineering firm. We have the in-house capability to provide the roadway, drainage, and utility coordination services required for this project. Due to the Town's request to minimize expenses associated with completing the preliminary design and cost estimate, we have not included the services of H-P Geotech, AEC or Western Bionomics, our geotechnical/soils engineering, electrical engineering and wetlands consultants, at this time. However, these types of services will likely be a necessary part of completing the final design and preparing construction documents for the work. Below are the key personnel that will participate in the project: • Jeffery Spanel, P.E., Principal Engineer • Duane "Duke" Fehringer, P.E. & P.L.S., Survey Manager • Sandra E. Mendonca, P.E., Project Manager - Ms. Mendonca, who will act as the project manager for this work, has been IME's engineering manager since October 1999. She has more than sixteen years experience with civil project planning, design and construction. She has a very diverse background and is able to provide the required project management and coordination services. The Town of Avon has worked extensively with Inter-Mountain Engineering's staff on a variety of projects including Nottingham Road Bike Path, Nottingham Road Improvements, West Beaver Creek Boulevard Construction Administration, East Avon Street Improvements, Master Drainage Study, Metcalf and Buck Creek Drainage Concept Design, Swift Gulch Road Improvements, Streetscapes, Recreation Center, Nottingham Lake Sedimentation Pond and several aerial surveys. Through these projects, we have developed a comprehensive knowledge of the Town's standards and protocols. Resumes for each of the key individuals making up our team are enclosed. 03/06/01 1:45 PM Page 3 of 6 Swift Gulch Road Relocation Preliminary Design Services March 6, 2001 Statement of Work The scope of services is as follows: Phase 1- Preliminary Design and Cost Estimate Task 1 - Information Gathering IME will conduct an input session with Town staff to obtain requirements and suggestions regarding design standards for the road and intersection and the drainage. The project goals, schedule and budget will be defined at this meeting. IME staff will add supplemental topography (at 2' contour intervals digitized from the Preliminary Subdivision, Buck Creek Village Filing 1, dated 9-15-99) provided by the Town. IME staff will then walk the project area to identify constraints (such as the location of the Nottingham-Puder Ditch, switchgear, overhead power) based on field conditions and survey their location. While we can generally identify most constraints that would make the alignment infeasible or impractical, we suggest that field reconnaissance and a letter report from H-P Geotech may provide a valuable resource to the process at this point. An estimate for this optional, extra service is included for your consideration. We will add the data gathered to the topography for the Nottingham Road Improvements project. We will also initiate preliminary contact with the Eagle River Water and Sanitation District and Holy Cross at this time to discuss the proposed project and identify pertinent issues and constraints. IME has scheduled one team meeting during this task that will be attended by IME and Town staff. This meeting will be held to discuss the data gathered and the associated design constraints. Task 2 - Horizontal Alignment. Profile and Cross Sections IME will prepare the horizontal alignment for the proposed road relocation using Exhibit "B", Sketch 'B', provided by the Town, as a basis. We will develop the associated vertical profile and prepare a template of the typical section. Using this template, the proposed profile and the existing topography developed for the Nottingham Road project, we will generate six cross sections for use in estimating earthwork quantities. These quantities will be used in the preliminary (+/- 20%) cost estimate. 03/06/01 1:45 PM Page 4 of 6 Swift Gulch Road Relocation Preliminary Design Services March 6, 2001 IME will begin discussions with affected utility providers related to utility relocations, as necessary, at this time. IME has scheduled one team meeting during this task. This meeting will be held to review and discuss the alignment, profile and cross sections before generating the associated cost estimate. Task 3 - Drainage System Evaluation and Desiqn IME will complete preliminary analysis sufficient to locate and size the proposed Buck Creek Crossing (including headworks and tailworks in the estimate, if required), Nottingham-Puder ditch (to be routed into a 30" diameter pipe, if necessary), and two culverts (one near the beginning of the re-alignment and one near the intersection of the relocated road and Mountain Star Drive) to carry concentrated upstream runoff beneath the proposed road. IME will share the preliminary road and drainage system design with Western Bionomics to facilitate discussions regarding permitting at this time. IME has scheduled one team meeting during this task. This meeting will be held to review and discuss the proposed drainage system design. Task 4 - Prepare Cost Estimate IME will prepare a preliminary (+/- 20%) cost estimate for the work associated with the proposed road relocation. The cost estimate will include the following categories: mobilization, survey/staking, traffic control, pavement demolition, culvert removal, switchgear relocation, relocation of overhead power, rim/barrel adjustments, clearing, excavation, embankment, site grading, rip rap, fine grade, road base, asphalt, guard rail, signs, drainage pipe of various sizes, end sections of various sizes, headworks, tailworks, and erosion controls. IME will use discuss the cost of relocating switchgear and overhead power lines with Holy Cross and will include their estimates of the costs associated with this work in the project estimate-The cost estimates for headworks and tailworks will be very preliminary as no sketch plans or details will developed during this phase of the work. 03/06/01 1:45 PM Page 5 of 6 Swift Gulch Road Relocation Preliminary Design Services March 6, 2001 IME has scheduled one team meeting during this task. This meeting will be held to review and discuss the cost estimate. The work will be completed by April 9, 2001. IME staff will present the alignment and associated costs to the Town Council, if desired by Town staff. Presentation materials may include a preliminary plan and profile and cross sections along the alignment. Phase II - Final Design and Completion of Construction Documents Although this work is not included in the basic scope of services requested by the Town, IME's team would be pleased to assist you with the final design, preparation of construction documents and any desired construction contract administration services. Fee The estimated fee for the proposed basic services is $10,132.50. We will not exceed this fee without prior approval. Our fees are detailed as follows: 1. Information Gathering $ 2,155.00 2. Preliminary Alignment, Profile & Sections $" 3,050.00 3. Preliminary Drainage Design $ 1,405.00 4. Preliminary Construction Cost Estimate $ 2,535.00 5. Reimbursable Expenses $ 125.00 6. Optional Sub-Consultant Charges $ 862.50 TOTAL $10,132.50 A spreadsheet, which indicates the projected time devoted to each stage of the work, is enclosed. The services are inter-related. The total fee is broken down into tasks solely to facilitate communication of the scope of work and the preparation and approval of progress billings. Hourly rates for all services are listed in the enclosed fee schedule. Revisions in the scope of services or extra engineering required by the Town (except for minor or insignificant changes) may necessitate changes to the design and an associated increase in the cost of the services. All work outside the described scope of work will be billed at the normal billing rates for the 03/06/01 1:45 PM Page 6 of 6 Swift Gulch Road Relocation Preliminary Design Services March 6, 2001 individuals assigned to the project. IME will not perform out-of-scope work without authorization from the Town. Conclusion This proposal is written in response to your request. The proposal includes an overview of our approach to the project to demonstrate our understanding of the scope of services requested. Our fee schedules and a cost proposal for the basic, Phase _I-services is enclosed. We look forward to working with the Town of Avon on the project. Thank you for your consideration, Sandra E. Mendonca, P.E. Project Manager Please acknowledge your consent to this proposal/agreement by signing below and returning one copy to us. By Enclosures Date 03/06/01 1:45 PM 0 n Inter-Mountain Engineering Ltd. JEFFERY M. SPANEL, P.E. Vice President Mr. Spanel has been with the firm since 1978 and has over 25 years of experience in the fields of civil and construction engineering. Project Types: • Residential and commercial property development • Water transmission and treatment facilities • Sewage collection and treatment facilities • Roadway and bridge design • Construction materials testing • Construction management Representative Experience: Supervised preparation of a water supply plan for the Town of Dillon. The study included segregation an analysis of demand by population type, an evaluation of existing and potential water supplies_ and provided recommendations and cost estimates for meeting future water supply needs. Responsible for all aspects of the EagleBend project in Avon; CO. This included roadway, bridge, drainage and utility design; planning; annexation; zoning; marketing; and the administration of both site and building construction. The project included 294 apartments, 19 duplex and 49 single-family homes. ` Supervised the preparation of the master drainage study for the Town of Avon, CO. The purpose of this study was to update the towns existing plan as a drainage design manual. The work included the design and construction of a sedimentation pond at the headwaters of Nottingham Lake. Responsible for materials testing of the high speed detachable chairlifts at Vail, Arrowhead, and Beaver Creek Resorts. Supervised the preparation of "streetscape" plans for Avon Road in Avon, Colorado. This included preparation of roadway plans and the administration of the construction of the roadways, sidewalks, lighting and landscaping. The work also included the preparation of preliminary roadway plans for all of the major streets in the Town. Responsible for all aspects of the Prospect Point project in Frisco, CO. This included roadway drainage and utility design; planning; zoning and the administration of both site and building construction. 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 KA.,+...,If 0-A 40t)0 . D,,,, 07P . e,,.,,, 01900) . Dk-- 07(-110A0_X;f17') . Cry,.., nr,r,,- ni..,..+. OnQ I rQ1 Previous Experience: Mr. Spanel worked primarily in the field of construction engineering, including field supervision, bid preparation, construction cost estimating, follow-up cost analysis, and the selection and application of specialized equipment. Personal: • Registered Professional Engineer in Colorado, Oregon, and Washington • BSCE, Iowa State University 0 n Inter-Mountain Engineering Ltd. DUANE FEHRINGER, P.E. & P.L.S. Senior Engineer & Land Surveyor U.S. Mineral Surveyor Mr. Fehringer has been with the firm since 1989 and has over 30 years experience in the fields of surveying and engineering. He has performed both design and project engineering and surveying tasks on various projects. Project Types: -- • Residential and commercial development, including design, construction management, and surveying. • Construction materials testing • Roadway and bridge construction surveying • Boundary surveys • Aerial photogrammetry control surveys • Storm drainage studies • Superfund site surveys • Pipeline surveys • Railroad right-of-way surveys Representative Experience: - - - --Project- manager with Kaiser- Engineers,_ Inc., a _ consultant for the Florida Department of Transportation who managed, administered, and performed design reviews on roadway improvement projects. Mr. Fehringer has provided project engineering and surveyor services for two mining sites in Wyoming. The responsibilities also included the construction management, layout, and inspection of the town site construction in Jeffrey City, Wyoming and Shirley Basin, Wyoming. Responsible for surveying and legal descriptions for right-of-way acquisition for 300 miles of railroad in northeast Wyoming. Also surveyed approximately 1500 miles of pipeline for construction and right-of-way acquisition of collection systems and transportation lines in the Powder River Basin, Wyoming oil and gas fields for Phillips Petroleum, Belle Fourche Pipeline and Powder River Pipeline. Project engineer for commercial, and industrial subdivision. Supervised the design and preparations of plans, construction documents, and surveying; including roadways, deep and shallow utilities, curb and gutter, grading and drainage of the following developments: • Block II, Homestead Filing No. 1 consisting of 16 acres and 45 lots. - Homestead Filing No.-2 consisting of 138 acres and 101 lots. • Bearcat at Cordillera, Phase I and II consisting of 195 acres and 40 lots. • Innsbruck Meadows at Vail consisting of 2.5 acres and 14 lots. 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 kkotrnlf Rnnri 090n 0 Rny Q7R • Avnn (.nlnrPHn fRi R9n . Phnna• Q70iQAQ-..,m9 • Frnm nonvor nirorf• RQq_1 R,Qi Project surveyor for design surveys, construction surveys, and quality control surveys on superfund sites including: 0 Eagle Mine - Minturn, CO • ASARCO -Leadville, CO • Resurrection Mining CO - Leadville, CO • Henderson Mine - Winter Park, CO PeMonsibilities: Mr. Fehringer _ is responsible _ for all surveying- services at Inter-Mountain Engineering. Personal. • Registered Land Surveyor in Wyoming, Nevada, Idaho, Utah, Nebraska, South Dakota, Oregon, Florida, and Colorado. • Registered Professional Engineer in Wyoming, Florida, Utah, Colorado, and New Mexico. • United States Mineral Surveyor • B.S.C.E. from University of Wyoming • 40 Hour HAZ/MAT Certification • GPS Certified 0 24 Hour MSHA Certification 0 n Inter.-Mountain Engineering u& SANDRA E. MENDONCA, P.E. Engineering Project Manager Ms. Mendonca joined the firm in 1999 and has over 16 years experience in public and private sector engineering. Pro 'e? ct Types: • Civil Site and Roadway Design • Subdivision Planning and Design • Water Supply, Transmission, Storage and Distribution Systems • Drainage Studies and Design • Erosion Control and Stormwater Quality • Wastewater Collection and Disposal Systems, Lift Stations and Force Mains • NEPA Documentation (C.E., E. A, and E.I.S.) • Recreation Facilities (Campgrounds, Trails, Trailheads, Interpretive Signs and Interpretive Centers) • Building Maintenance Planning and Implementation • Airport Geometric Design • Water System Master Plans • Grant Writing and Grant Project Administration Representative Experience: Ms. Mendonca's management responsibilities include developing engineering cost proposals, managing projects to be completed within budget, and scheduling projects and staff to meet proposed completion dates. Previously, Ms. Mendonca was City Engineer for The Dalles, a community of approximately 14,000, located on the Columbia River, in Oregon. She provided technical leadership and direction for timely, safe and cost effective development and infrastructure extension, repair and reconstruction. She has extensive experience with planning and public works requirements for water, sanitary sewer, storm sewer, street and pedestrian system design, construction and maintenance. As City Engineer and in her earlier positions with the USDA Forest Service, Bohannan-Huston, Inc. and Leedshill-Herkenhoff, Inc., Ms. Mendonca designed numerous site, road, and trail grading, drainage, and utility plans for commercial, recreational and residential projects. Ms. Mendonca has taken plans from conceptual design through final construction documents and beyond to operation and maintenance activities. Ms. Mendonca has developed design and construction standards. Documents include the Columbia River Gorge National Scenic Area Design Guide; City of 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 9 Phone: 303/948-6220 • Fax: 303/948-6526 The Dalles Contract Boilerplate (Division 0-Planning and Design Services and Division 1-Construction General Conditions) and Standard Construction Specifications and Detail Drawings. She also provided technical input for re- writes of The Dalles Land Use and Development and Pre-Treatment Ordinances. Ms. Mendonca has prepared a broad range of project specific technical construction specifications,. contract documents, and engineer's estimates. Projects include subdivisions, taxiways, roads and streets (new construction, reconstruction and overlays); sidewalks and trails; parking lots; bridges; utilities (lift stations force mains chemical root control trenchless pipeline restoration, stormwater pre-treatment, drainage systems, pump stations, disinfection systems, gravity and pressure pipelines, surge protection, and reservoirs); SCADA; erosion control and streambed restoration; retaining walls; and roof replacement. Ms. Mendonca has written successful grant applications and/or served as project manager for a variety of grant funded projects. Funding sources have included Federal Emergency Management Agency, USDA Natural Resources Conservation Service Emergency Watershed Protection Act and Forest Service Challenge Cost Share, State of Oregon Regional Strategies, Inter-modal Surface Transportation Efficiency Act, Northern Wasco County PUD's economic development program, and New Mexico's Community Development Block Grant. Ms. Mendonca has supervised construction inspection activities conducted by --staff, authorized change -orders and time extensions allowed by Contract, performed final inspections and recommended acceptance of streets, walks and utilities. She has also performed construction contract management or inspection for a range of projects including roof replacements, elevator installation, a bridge, street reconstruction, SCADA systems, bicycle lane striping, one-ton chlorinating facilities, and a concrete floor in a warehouse. Her work on these projects included inspecting construction, placement and testing for soils in subgrades, embankments, fills and backfills; asphalt concrete pavements; pre-cast concrete, ductile iron and PVC pipelines; concrete for utility structures, foundations, walkways and floor slabs; roof membranes for water-tightness; equipment and instruments. For these projects, she documented daily construction activities (including test results) and prepared pay estimates. Responsibilities: ,Ms. Mendonca is responsible for management of civil design projects at IME. Personal: • Registered Professional Engineer in Colorado and Oregon. • Bachelor of Science, Agricultural Engineering, 19 83, Oklahoma State University • Member NSPE, AWWA, APWA. z u O C Q 2 J W m 6 z O 0 W C G Q C S J u N J 0 W S V N W W yLL ? F Q F N W on ?W H m N m M N 10 N N N N o m M y°oy R N o r N °o m H °o r N °o O N o N N °o N O N o m N p°o O N _ L ? 7 19 O F a a ? N W Z ? F ? W . O yNj Z ` ` W a Z Q V ? = O tl ? m W F ? O N ? O V W Z Y u Do z W a N M O ID N 10 N N N u N W O OC W W Z ? W O O W a- L W u _ Q Y Q O '4 i W yNj L .r Z N a G J O ? L z W a M ? N C N ? 13 W G ? r r N u ? ! Y F LL Z 0 m o g v, p c r i ?_ 0: L c _tx < o c ? c_ (? e z ; - °' A _E a ? S c3 a p flY? F ?' m yp? f Y o 2 > ° N f Y icy Dc ° O O O O e O N C; C; M n m N N N N M N M N b < p F Z W S L a 10 O N N N O N h N V O Y I U Y ? a A E ? ? > E b gg n L W ? z 0 0 N N M Q N m ? N N ? I N J W C z z o W P A + O o o? ? < e o v e a e 'o ju N f W J O W S V N W W LL' WO O 8 o n $ ? o $ Ci N N M O N F' ?j 8 rc W O b J a 0 0 N H N W 13 s o J ? J 0 C 4 d N 0s? y? Inter-Mountain Engineeringm& PROFESSIONAL FEE SCHEDULE January 1, 2001 PROFESSIONAL FEES: Principal Engineer Senior Engineer Project Manager Project Engineer Design Engineer Field Engineer Surveyor Survey Crew without GPS 2 Man Survey Crew with GPS 1 Man Survey Crew with GPS CADD Technician Technician Technical Typist Computer Processing Photocopies Blueprinting Outside Services LABORATORY TESTING: Atterberg limits (one point method) (ASTM D-4318) Atterberg Limits (three point method) (ASTM D-4318) Grain Size Analysis: A- 1'/z" sieve to No. 200 sieve B. Percent passing No. 200 sieve (ASTM-1140) C. Hydrometer analysis Swell-Consolidation Test A- Loaded to 5,000 psf (4 loads) B. Per_load in addition to 5,000 psf $120.00/hr 90.00/hr 85.00/hr 75.00/hr 65.00/hr 60.00/hr 85.00/hr 110.00/hr 137.50/hr 110.00/hr 70.00/hr 50.00/hr 35.00/hr 65.00/hr .15/each 3.00/Sheet Actual Cost +15% $ 50.00 125.00 $ 75.00 25.00 • 75.00 $75.00 15.00 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 Natural Moisture and Density $20.00 Unconfined Compressive Strength (ASTM D-2166) 75.00 Standard Proctor Density Test (ASTM D-698) $ 90.00 Modified Proctor Density Test (ASTM D-1557 $100.00 One Point Proctor $50.00 Concrete field test (sampling, slump, unit weight, air content, _temperature, _&_ cylinder fabrications $ 50,00/hr Concrete compressive strength tests (includes $15.00/cyl cylinders held and not tested) Laboratory preparation of samples, remolds, etc. $ 50.00/hr Mileage @ $0.40 per mile Scheduled overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. ?To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer - - - -Date: - March 8, 2001 Re: Storm Drainage Improvements - Metcalf Basin Phase I Inter-Mountain Engineering Design Services Proposal Summary: Inter-Mountain Engineering, Ltd., has submitted the attached Proposal for design services for Final Design and Construction Document preparation for the Metcalf Basin Phase I Storm Drainage Improvements. The improvement design will extend from the south side of I-70, around the westerly end of the Aspens Mobile Home Park and across the railroad tracks to the Eagle River. The design services include 1) information gathering, permitting and coordination, 2) final design / hydraulic analysis, and 3) preparation of construction documents and cost estimate. These services include both geotechnical and environmental consulting services as required for design and permitting. This work will be complete by June 15, 2001. Total estimated cost for these services is $60,421.40, which is broken down as follows: 1. Information Gathering, Permitting and Coordination $ 13,540.00 2. Final Design/Hydraulic Analysis 7,895.00 3. Construction Documents & Cost Estimate 25,700.00 4. Reimbursable Expenses 386.40 5. Sub-Consultant Charges 12,900.00 Total Cost - Not to Exceed $ 60,421.40 The cost of these services is within the current Storm Drainage Improvements Budget and will be included in the Metcalf Drainage Basin Phase I Improvements line item in an amended Capital Improvements Budget expected to be presented at the next regular council meeting. Approval of this Proposal for design services by Inter-Mountain Engineering, Ltd., for Metcalf Basin Phase I Storm Drainage Improvements design at a cost not to exceed $ 60,421.40 is recommended. I:\Engineering\CIP\Stormwatcr\2.OContrad Services\Prel Design Prpsl Mano-LDoc 1 Recommendations: Approve Proposal from Inter-Mountain Engineering, Ltd. for design services for Metcalf Basin Phase I Storm Drainage Improvements Design at a cost not to exceed $ 60,421.40. Town Manager Comments: ?Gv? C vcv I:\Engineering\CIP\Stormwater\2.OContract Servicm\Prel Design Prpsl Memo-l.Doc 2 0 n Inter-Mountain Engineering Ltd. March 7, 2001 Mr. Norman Wood, Town Engineer Town of Avon P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 Hand Deliver - 500 Swift Gulch Road Re: Final Design and Construction Document Preparation Services Storm Drainage Improvements - Metcalf Basin _ Dear Norman, Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for professional engineering services. in connection with completion of final design and construction document preparation for the improvements recommended in the Metcalf Gulch and Buck Creek Storm Drainage Improvements Conceptual Report for the Metcalf drainage basins from 1-70 to the Eagle River outfall. We feel that we are uniquely qualified for this project due to our solid working relationship with Town staff and the fact that we are a local firm with extensive experience designing and building projects of this size and scope. The Master Drainage Study and the referenced report forms the foundation for this work. IME prepared the Master Drainage Study for the Town in 1994, completed the Conceptual Report in 2001, and the scope of the current project is a logical extension of our previous work. Over the years, IME has successfully completed many similar projects for the Town and other clients. We are familiar with Town expectations, which will help lead to a successful project team and a superior product. Plus, we feel that being local is a significant asset that will allow us to be more responsive to the Town's needs. 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531 Page 2 of 7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 Team Description and Profile Inter-Mountain Engineering is a multi-disciplined civil engineering firm and an equal opportunity employer. We have selected a highly skilled team to provide necessary support services: H-P Geotech will provide soil testing and bearing recommendations for design; and Western Bionomics will provide environmental services. Inter-Mountain Engineering will coordinate the work of the team. Hepworth-Pawlak Geotechnical, Inc. (H-P Geotech) is a full-service geotechnical engineering consulting firm with offices in Glenwood Springs and Denver, Colorado. Their staff of highly skilled professionals has considerable experience with roadway projects in the Eagle/Vail Valley. Western Bionomics is located, in Steamboat Springs, Colorado. The firm's staff have over 30 years experience providing professional environmental services throughout the Rocky Mountain West. Western Bionomics will perform wetlands delineation and complete the application for a Corps of Engineers permit (under nationwide permit # 14) for work in and adjacent to Metcalf Gulch. The key personnel that will participate in the project will include: • Jeffery Spanel, P.E., Senior Project Manager • Duane "Duke" Fehringer, P.E. & P.L.S., Survey Manager • Sandra E. Mendonca, P.E., Senior Engineer • William J. Sightler, P.E., Project Manager David A. Young, P.E., Geotechnical Engineer • Bob Magnuson, Environmental Consultant Bill Sightler joined IME in October 2000. He has more than twenty-six years experience with civil and structural project planning, design and construction. He has a very diverse background and is able to provide the project management and coordination, public involvement, and engineering services required for this project. Mr. Sightler worked with the Town staff to complete the Metcalf Gulch and Buck Creek Storm Drainage Improvements Conceptual Report earlier this year. In addition, the Town of Avon has worked extensively with Jeff Spanel, Duke Fehringer and Sandi Mendonca on a variety of projects such as: Nottingham Road Bike Path, West Beaver Creek Boulevard Construction Contract Administration, East Avon Street. Improvements, Master Drainage Study, Swift Gulch Road Improvements, Streetscapes, Recreation Center, Nottingham Lake Sedimentation Pond and several aerial surveys. 03/07/0110:51 AM Page 3 of 7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 Resumes for each of the key individuals making up our team are enclosed. References & Project History IME is currently assisting the Town of Avon with design services for the 2000 Nottingham Road Streetscape and Street Improvements and finishing up the legal descriptions for the 1999 East Avon Streetscape. IME has a great deal of experience with the Metcalf Basin drainage way. Our drainage work for the Town has included: ¦ 2001 Metcalf Gulch and Buck Creek Storm Drainage Improvements Conceptual Report ¦ 1994 Master Drainage Study ¦ Sedimentation pond for Nottingham Lake ¦ Avon Recreation Center ¦ Avon Public Library Avon -Municipal Building___ ¦ Avon Fire Station __ ¦ Nottingham Lake emergency spillway We have also provided design work for private clients along the Metcalf drainage including: ¦ 77 Metcalf ¦ Deep Rock Building ¦ Avon Self Storage In addition, IME has developed long-standing, highly satisfactory, working relationships with Dave Young and Tom Westhoff of H-P Geotech and Bob Magnuson of Western Bionomics. Norman Wood is very familiar with both the private and municipal work we have performed, and should be considered as our reference for all of this work. Statement of Work The scope of services, -as -defined by-Town-staff includes:- -- 03/07/0111: 10 AM Page 4 of 7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 • Improvements recommended in the Metcalf Gulch and Buck Creek Storm Drainage Improvements Conceptual Report for the Metcalf basin from Interstate 70 to the Eagle River. • Completion of survey, soils testing, wetland delineation, final design, construction documents and a construction cost estimate for the work. • Coordination of approvals and permits from CDOT, the railroad and the U.S. Army Corps of Engineers. • Preparation of legal descriptions for drainage easements required to construct the project. • Re-evaluate the drainage structure suggested at the outfall of the culvert beneath interstate 70. Phase I - Information Gathering [ME will gather available data, plans, and right-of-way documents from our files and utility company as-built drawings during the first week of the project. IME will perform the supplemental topographic survey necessary to complete final design of the proposed improvements. Existing property comers, utilities, drainage improvements and other surface features will be field located during the survey, as necessary. Duke Fehringer will oversee the field survey. Western Bionomics will formally delineate and traverse jurisdictional wetlands per Corps of Engineers protocol and prepare a report describing the site, soils, hydrology, vegetation and development plans for the proposed improvements. They will also prepare a map that displays topographical and wetland features and arrange a field review of the site with a Corps representative to confirm the location of the jurisdictional wetlands. H-P Geotech will indicate areas where soil type and strength may pose significant concerns for locating and designing the proposed improvements and complete the soils testing needed for design by IME. IME will prepare a base map using this information on which to overlay the proposed improvements. It will include existing elements such as drainage channels, culverts, edge of pavement, paths/walks, curb, and gutter, driveways, signs, retaining walls, buildings, utilities, trees and other landscape features that must be considered during the final design phase. Phase II - Final Design IME will complete the design of proposed storm drainage improvements incorporating comments received from the Town staff. IME staff will specify the location, size and elevation of grading and drainage improvements, necessary . 03/07/0111:02 AM Page 5of7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 utility relocations or adjustments, easements, and minor structures for review by Town staff. The design work will be conducted in accordance with Town of Avon standards and requirements. IME staff will co-ordinate the design with CDOT, the railroad and our soils and environmental consultants to identify constraints and issues as early as possible in the-process:- IME will meet and consult with Town staff one time during this phase of the work to ensure that the design is feasible and appropriately addresses identified issues. IME will produce and distribute minutes from the meeting to Town staff. Phase III - Construction Documents and Cost Estimate The construction plan set will include a title sheet with vicinity map and general notes, plan/profile sheets with grading, drainage, and erosion control, cross sections (if required), and typical details. IME will compile a complete Project Manual with Technical Specifications, Bid Tabulation Sheets, and Town Standard Front End Contract Documents and a cost estimate for construction. IME will meet and consult with Town staff two times during this phase of the work to ensure that the plans developed appropriately address identified issues. IME. will produce and distribute minutes from the meetings to Town staff. The completed plans will also be delivered to CDOT, the railroad and the U.S. Army Corps of Engineers for review, comment and permitting. During final design and construction document preparation, easement requirements will be identified. IME will prepare up to four legal descriptions for easement acquisition and/or temporary construction easements within the basic scope of services; however, the number, and thus the cost, is not fixed at this time. If additional legal descriptions are required, the fees for these additional services will-be -negotiated with the Town during the-final design stage- of--the work. The design and construction documents will be finished and permits obtained by June 15, 2001, if possible, depending on the review and approval schedule for permits from each of the jurisdictional authorities. 03/07/0110:51 AM Page 6 of 7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 Phase IV - Construction Contract Administration Although it is not part of the basic scope of services for the project at this time, Inter-Mountain Engineering would be pleased to provide construction contract administration services for this work. We can provide an estimate for the cost for these extra-services after the construction- documents are complete and the ___scope of services and level of effort required can be more accurately defined. Fee The estimated fee for the proposed basic services is $60,421.40. We will not exceed this fee without prior approval. Our fees are detailed as follows: 1. Info. Gathering, Permitting and Coordination 2. Final Design/Hydraulic Analysis 3. Construction Documents and Cost Estimate 4. Reimbursable Expenses 5. Sub-Consultant Charges TOTAL $13,540.00 $ 7,895.00 $25,700.00 $ 386.40 $12,900.00 $60,421.40 A spreadsheet, which indicates the projected time devoted to each stage of the work, is enclosed. The services are inter-related. The total fee is broken down into tasks solely to facilitate communication of the scope of work and the preparation and approval of progress billings. Hourly rates for all services are listed in the enclosed fee schedule. Revisions in the scope of services or extra engineering required by the Town (except for minor or insignificant changes) may necessitate changes to the design and an associated increase in the cost of the services. All work outside the described scope of work will be billed at the normal billing rates for the individuals assigned to the project. IME will not perform out-of-scope work without authorization from the Town. Conclusion - - - -- --- - This proposal is written in response to your request. The proposal includes an overview of our approach to the project to demonstrate our understanding of the scope of services requested. The professional fee schedule and cost estimate are enclosed. 03/07/0111:58 AM Page 7 of 7 Storm Drainage Improvements - Metcalf Basin (1-70 to the Eagle River) Final Design Services March 7, 2001 We feel that the experience of our team makes IME 'the ideal candidate to provide the engineering services for the Storm Drainage Improvements project. We look forward to working with the Town of Avon. Thank you for your consideration, William J. Sightler, P.E. Project Manager Please acknowledge your consent to this proposal/agreement by signing below and returning one copy to us. By Enclosures Enclosures Date 03/07/0110:51 AM 0 n Inter-Mountain Engineering Ltd. JEFFERY M. SPANEL, P.E. Vice President Mr. Spanel has been with the firm since 1978 and has over 25 years of experience in the fields of civil and construction engineering. Project Types. - - ---- • Residential and commercial property development - - - - - - -- • Water transmission and treatment facilities • Sewage collection and treatment facilities • Roadway and bridge design • Construction materials testing • Construction management Representative Experience: Supervised preparation of a water supply plan for the Town of Dillon. The study included segregation an analysis of demand by population type, an evaluation of existing and potential water supplies and provided recommendations and cost estimates for meeting future water supply needs. Responsible for all aspects of the EagleBend project in Avon, CO. This included roadway, bridge, drainage and utility design; planning; annexation; zoning; marketing; and the administration of both.site and building construction. The project included 294 apartments, 19 duplex and 49 single-family homes. Supervised the preparation of the master drainage study for the Town of Avon, CO. The purpose of this study was to update the towns existing plan as a drainage design manual. The work included the design and construction of a sedimentation pond at the headwaters of Nottingham Lake. Responsible for materials testing of the high speed detachable chairlifts at Vail, Arrowhead, and Beaver Creek Resorts. Supervised the preparation of "streetscape" plans for Avon Road in Avon, Colorado. This included preparation of roadway plans and the administration of the construction of the roadways, sidewalks, lighting and landscaping. The work also included the preparation of preliminary roadway plans for all of the major streets in the Town. Responsible for all aspects of the Prospect Point project in Frisco, CO. This included roadway drainage and utility design; planning; zoning and - the administration of both site and building construction. 14 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531 Previous Experience: Mr. Spanel worked primarily in the field of construction engineering, including field supervision, bid preparation, construction cost estimating, follow-up cost analysis, and the selection and application of specialized equipment. Personal: • Registered Professional Engineer in Colorado, Oregon, and Washington • BSCE, Iowa State University 0 n Inter-Mountain E :gineering Ltd. DUANE FEHRINGER, P.E. & P.L. S. Senior Engineer & Land Surveyor U.S. Mineral Surveyor Mr. Fehringer has been with the firm since 1989 and has over 30 years experience in the fields of surveying and engineering. He has performed both design and project engineering and surveying tasks on various projects. Project Types: • Residential and commercial development, including design, construction management, and surveying. • Construction materials testing • Roadway and bridge construction surveying • Boundary surveys • Aerial photogrammetry control surveys • Storm drainage studies • Superfund site surveys • Pipeline surveys • Railroad right-of-way surveys Representative Experience: Project manager with Kaiser Engineers, Inc., a consultant for the Florida Department of Transportation who managed, administered, and performed design reviews on roadway improvement projects. Mr. Fehringer has provided project engineering and surveyor services for two mining sites in Wyoming. The responsibilities also included the construction management, layout, and inspection of the town site construction in Jeffrey City, Wyoming and Shirley Basin, Wyoming. Responsible for surveying and legal descriptions for right-of-way acquisition for 300 miles of railroad in northeast Wyoming. Also surveyed approximately 1500 miles of pipeline for construction and right-of-way acquisition of collection systems and transportation lines in the Powder River Basin, Wyoming oil and gas fields for Phillips Petroleum, Belle Fourche Pipeline and Powder River Pipeline. Project engineer for commercial, and industrial subdivision. Supervised the design and preparations of plans, construction documents, and surveying; including roadways, deep and shallow utilities, curb and gutter, grading and drainage of the following developments: • Block II, Homestead Filing No. 1 consisting of 16 acres and 45 lots. • Homestead Filing No. 2 consisting of 138 acres and 101 lots. 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531 • Bearcat at Cordillera, Phase I and H consisting of 195 acres and 40 lots. • Innsbruck Meadows at Vail consisting of 2.5 acres and 14 lots. Project surveyor for design surveys, construction surveys, and quality control surveys on superfund sites including: • Eagle Mine - Minturn, CO • ASARCO -Leadville, CO • Resurrection Mining CO - Leadville, CO • Henderson Mine - Winter Park, CO Responsibilities: Mr. Fehringer is responsible for all surveying services at Inter-Mountain Engineering. Personal.- * Registered Land Surveyor in Wyoming, Nevada, Idaho, Utah, Nebraska, South Dakota, Oregon, Florida, and Colorado. • Registered Professional Engineer in Wyoming, Florida, Utah, Colorado, and New Mexico. • United States Mineral Surveyor • B.S.C.E. from University of Wyoming • 40 Hour HAZ/MAT Certification • GPS Certified 0 24 Hour MSHA Certification 0 n Inter-Mountain Engineering Ltd. SANDRA E. MENDONCA, P.E. Engineering Project Manager Ms. Mendonca joined the firm in 1999 and has over 16 years experience in public and private sector engineering. Project Types: • Civil Site and Roadway Design • Subdivision Planning and Design • Water Supply, Transmission, Storage and Distribution Systems • Drainage Studies and Design • Erosion Control and Stormwater Quality • Wastewater Collection and Disposal Systems, Lift Stations and Force Mains • NEPA Documentation (C.E., E.A, and E.I.S.) • Recreation Facilities (Campgrounds, Trails, Trailheads, Interpretive Signs and Interpretive Centers) • Building Maintenance Planning and Implementation • Airport Geometric Design • Water System Master Plans • Grant Writing and Grant Project Administration Representative Experience: Ms. Mendonca's management responsibilities include developing engineering cost proposals, managing projects to be completed within budget, and scheduling projects and staff to meet proposed completion dates. Previously, Ms. Mendonca was City Engineer for The Dalles, a community of approximately 14,000, located on the Columbia River, in Oregon. She provided technical leadership and direction for timely, safe and cost effective development and infrastructure extension, repair and reconstruction. She has extensive experience with planning and public works requirements for water, sanitary sewer, storm sewer, street and pedestrian system design, construction and maintenance. As City Engineer and in her earlier positions with the USDA Forest Service, Bohannan-Huston, Inc. and Leedshill-Herkenhoff, Inc., Ms. Mendonca designed-numerous site;-road;-and-trail grading, drainage, and utility plans for commercial, recreational and residential projects. Ms. Mendonca has taken plans from conceptual design through final construction documents and beyond to operation and maintenance activities._ Ms. Mendonca has developed design and construction standards. Documents include the Columbia River Gorge National Scenic Area Design Guide; City of 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 9 From Denver Direct: 893-1531 The Dalles Contract Boilerplate (Division 0-Planning and Design Services and Division 1-Construction General Conditions) and Standard Construction Specifications and Detail Drawings. She also provided technical input for re- writes of The Dalles Land Use and Development and Pre-Treatment Ordinances. Ms. Mendonca has prepared a broad range of project specific technical construction specifications, contract documents, and engineer's estimates. Projects include subdivisions, taxiways, roads and streets (new construction, reconstruction and overlays); sidewalks and trails; parking lots; bridges; utilities (lift stations, force mains, chemical root control, trenchless pipeline restoration, stormwater pre-treatment, drainage systems, pump stations, disinfection systems, gravity and pressure pipelines, surge protection, and reservoirs); SCADA; erosion control and streambed restoration; retaining walls; and roof replacement. Ms. Mendonca has written successful grant applications and/or served as project manager for a variety of grant funded projects. Funding sources have included Federal Emergency Management Agency, USDA Natural Resources Conservation Service Emergency Watershed Protection Act and Forest Service Challenge Cost Share, State of Oregon Regional Strategies, Inter-modal Surface Transportation Efficiency Act, Northern Wasco County PUD's economic development program, and New Mexico's Community Development Block Grant. Ms. Mendonca has supervised construction inspection activities conducted by staff, authorized change orders and time extensions allowed by Contract, performed final inspections and recommended acceptance of streets, walks and utilities. She has also performed construction contract management or inspection for a range of projects including roof replacements, elevator installation, a bridge, street reconstruction, SCADA systems, bicycle lane striping, one-ton chlorinating facilities, and a concrete floor in a warehouse. Her work on these projects included inspecting construction, placement and testing for soils in subgrades, embankments, fills and backfills; asphalt concrete pavements; pre-cast concrete, ductile iron and PVC pipelines; concrete for utility structures, foundations, walkways and floor slabs; roof membranes for water-tightness; equipment and instruments. For these projects, she documented daily construction activities (including test results) and prepared pay estimates. Responsibilities: Ms. Mendonca is responsible for management of civil design projects at IlVlE. Personal. • Registered Professional Engineer in Colorado and Oregon. • Bachelor of Science, Agricultural Engineering, 19 83, Oklahoma State University • Member NSPE, AWWA, APWA. K Inter-Mountain Engineering ud. WILLIAM J. SIGHTLER, JR. P.E. Engineering Project Manager Mr. Sightler started with our firm in Oct. of 2000, and has over 26 years experience in public and private sector engineering. Project Positions: • Senior Structural/Civil Design Engineer • Senior Civil/ Structural Design Engineer • President/ Structural Engineer • Project Engineer and Civil/Hydraulic Design Engineer • Associate Civil/Structural Engineer Representative Experience: Civil/Structural Engineer - Worked for a large International Engineering Firm - Ralph M. parsons, Inc. Performed Extensive Heavy Industrial Structural Engineering Design on Petro-Chemical Plants, Mine Process Plants, Refineries, Nuclear Fuel Storage Facilities, and Various Equipment Foundations Senior Structural Engineer - B.C. Adams Engineering, Garden Grove, CA Performed Wood, Concrete, and Steel' Structural Design of Commercial Buildings, Executive Residential Homes, Churches, Signs, Retaining Walls, & Steel Space Frames for Architects and Developers, According to the most current AISC, ACI, and UBC. Codes. Project Engineer (Civil/Hydraulic/Structural) - Western Engineers Inc, Colorado Performed Engineering Designs on a $30 Million Expansion of Ute Water Conservancy District Pipeline. Performed Structural & Hydraulic Design of Large Dams and various pipelines. Project Civil/Hydraulic Engineer for the City of Grand Junction - Colorado Structural Design of Bridges, Airport Building, & Airport Fuel Pads - Colorado Hydrology Study & Hydraulic Engineering for Other Civil Engineers - Colorado Civil and -Structural Engineering of Gas Compression Plants - Washington, Wyoming Chief Structural Engineer for Bridge and Steel Fabricator - Colorado 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 0 From Denver Direct: 893-1531 Responsibilities: Mr. 7 Sightler is responsible for project management of civil design projects at Inter-Mountain Engineering Professional Background: • Professional Engineer - California C.E. #C 043545 • Professional Engineer - Colorado P.E. #19227 • California State University, Long Beach, CA. ' • Bachelor of Science in Engineering (1974) • Major Civil. /Structural HEPWORTH - PAWLAK GEOTwEmcAL, Inc. DAVID A. YOUNG Project Engineer EDUCATION M.S., Civil Engineering, University of Kansas, 1996 B.S., Civil Engineering, University of Kansas, 1978 REGIS TRATION/CERTIFICATION/ACCREDITATION Professional Engineer: Colorado EXPERIENCE Mr. Young has over 15 years. experience in geotechnical consulting and construction .and materials testing services. At H-P Geotech he provides project engineering and management support for geotechnical investigations and construction observation and testing projects. Typical projects include deep and shallow foundation design, commercial and residential developments, grading of steep hillside terrain, low earthen embankments, analysis and remedial repair of distressed buildings, and pavement design for roadways. Mr.Young has gained.considerable experience in landslide stability analysis, hillside dewatering and stability improvements. His background includes instrumentation for slope movement and piezometric pressures. He also supervises technicians and junior engineers work on construction observation and testing projects. W.Young's college thesis research work was on cold recycled asphalt pavement stabilized with fly ash. His technical field skills include subsurface exploration with auger, rotary, core and percussion drilling methods, seismic. refraction, and electrical resistivity . surveys for . geotechnical projects. Mr. Young has also installed groundwater and landslide monitoring devices and performed hydrologic and chemical measurements of hot springs water in Glenwood _Canyon area as part of the Colorado River salinity study. PROFESSIONAL MEMBERSHIPS American Society of Civil Engineers Resumes Bob Magnuson Principal/ Forester Education: M.S. Coursework, Forest Engineering Institute, Oregon State University B.S. Forestry, University of Montana Areas of Expertise: NEPA Procedures and Documentation ? Environmental Impact Analysis and Mitigation ? Silviculture ? Mensuration ? Forest Engineering ? Vegetation Baseline Surveys ? Wetland Identification, Delineation & Mapping Cartography - Computer Aided Drafting Address/Phone: 1360 Indian Trails #46, Steamboat Springs, CO 80487- (970) 879-8545 Professional History: Western Bionomics LLC, Natural resource Management Services. 1994 - Present, Consulting Services U.S. Forest Service, Boise, Salmon, and Routt National Forests. 1979 -1994, . Professional Forester • Over 15 years of experience spearheading timber management projects with the United States Forest Service on National Forests in Idaho and Colorado. • Planned and implemented projects in accordance with the Land and Resource Management Plans of the Boise, Salmon and Routt National Forests. • Assured compliance with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA). • Principal author for over 20 Environmental Assessments. • Coordinated project analysis with various resource specialists in the fields of archaeology, engineering, fisheries, hydrology, landscape architecture, range conservation, recreation, silviculture, soils, and wildlife biology. • Coordinated public scoping efforts. • Prepared silvicultural prescriptions to create and sustain stable, diverse ecosystems, realize the productive potential on treated sites, and improve the health and vigor of timber stands over the long term. Western Bionomics, LLC 0 1360 Indian Trails #46, Steamboat Springs, CO 80487. 0 (970) 879-8545 Bob Magnuson Principal/ Forester • Designed timber sales to be successfully completed with helicopter, cable and ground based logging systems. • Designed sampling methods and frequencies to meet statistical standards. • Appraised timber value, prepared timber sale contracts, drafted computer generated contract maps, monitored ongoing projects for contract compliance. • Developed and implemented timber stand improvement and reforestation projects, which focused on realizing the productive potential of treated sites and site preparation to encourage natural regeneration • Project location and area determination with a Trimble Global Positioning System (GPS). U.S. Forest Service, Boise, Bridger Teton, Challis, Targhee, and Wasatch-Cache National Forests. 1973 -1978, Forest Technician Five years of experience planning and conducting vegetation baseline surveys on several National Forests in Idaho, Utah and Wyoming. The development of Forest Management Plans as required by the National Forest Management Act (NFMA) as well as site specific projects are largely dependent on survey data. • Aerial photo interpretation, mapping and mensuration • Vegetation and habitat typing. • Stage I & II Stand Examination. • Data organization, processing and storage. Western Bionomics, LLC 0 1360 Indian Trails #46, Steamboat Springs, CO 80487 9 (970) 879-8545 ?u n ?W •C? ' ? i < H I i o ° e ?' N e o °m = r' N °a a N o o m° N H 0 0 m a n N 0 vi N 0 ° ° N N o o m M °o o °m H °0 YI n H 0 0 c N 0 0 o n ff N 0 0 d n n N 0 0 Yi A N 0 °o ?? N 0 0 ri t H ° ° ° A N o o o H o a d N of H ° ° °o r• n N i Y ¦ Y ¦ ? ? Y O o O o ? o yj O o O O o O o e y?) 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PROFESSIONAL FEE SCHEDULE January 1, 2001 PROFESSIONAL FEES: Principal Engineer Senior Engineer Project Manager Project Engineer Design Engineer Field Engineer Surveyor Survey Crew without GPS 2 Man Survey Crew with GPS 1 Man Survey Crew with GPS CADD Technician Technician Technical Typist Computer Processing Photocopies Blueprinting Outside Services LABORATORY TESTING: Atterberg limits (one point method) (ASTM D-4318) Atterberg Limits (three point method) (ASTM D-4318) Grain Size Analysis: A- 1'/2' sieve to No. 200 sieve B. Percent passing No. 200 sieve (ASTM-1140) - C. Hydrometer analysis Swell-Consolidation Test A- Loaded to 5,000 psf (4 loads) B. Per load in addition to 5,000 psf $120.00/hr 90.00/hr 85.00/hr 75.00/hr 65.00/hr 60.00/hr 85.00/hr 110.00/hr 137.50/hr 110.00/hr 70.00/hr 50.00/hr 3 5.00/hr 65.00/hr .15/each 3.00/Sheet Actual Cost +15% $ 50.00 125.00 $ 75.00 25.00 75.00 $75.00 15.00 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531 Natural Moisture and Density Unconfined Compressive Strength (ASTM D-2166) Standard Proctor Density Test (ASTM D-698) Modified Proctor Density Test (ASTM D-1557 One Point Proctor Concrete field test (sampling, slump, unit weight, air content, temperature, & cylinder fabrication) Concrete compressive strength tests (includes cylinders held and not tested) Laboratory preparation of samples, remolds, etc. $20.00 75.00 $ 90.00 $100.00 $50.00 $ 50.00/hr $15.00/cyl $ 50.00/hr Mileage @ $0.40 per mile Scheduled overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -? ? From: Norman Wood, Town Engineer Anne Martens, Engineer Date: March 7, 2001 Re: Reapproval of the Final Plat for Mountain Vista Resort Subdivision, A Resubdivision of Lot C, A Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado Summary: Points of Colorado, Inc., a Colorado corporation, owner of Lot C, submitted a Final Plat for approval on November 28, 2000. Resolution No. 00-60 for the Final Plat was approved at the November 28, 2000 Town Council Meeting. Since that approval, the 90 day recording period has expired and there has been some minor changes to the plat, such as notes added by the title company. In accordance with the Avon Municipal Code section 16.24.010 and 16.24.050 the staff is recommending reapproval of the Final Plat for Mountain Vista Resort Subdivision. This is a subdivision of a lot under development, creating seven (7) separate estates above and below the surface of the ground in compliance with C.R.S. 38-32-101, et. seq. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends reapproval of the Final Plat for Mountain Vista Resort Subdivision, A Resubdivision of Lot C, A Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado as previously approved by resolution No. 00-06, a series of 2000. Town Manager Comments: C GV7 C91 V, I:\Engineering\Subdivision\Benchmark at BC\Lot C, Avon Center\2nd App Final Memo.doc q Memo r March 6, 2001 To: Meryl From: Sarah RE: July 4th Fireworks Contract Summary Attached please find the agreement between Western Enterprises and the Town of Avon for fireworks services for July 4, 2001. Recommendation I recommend that Council approve and sign the attached agreement for fireworks services in the amount of $47,500.00 Town of Avon 9 P.O. Box 975 9 Avon, CO 81620 9 970-748-4032 _e L d Jil {? FIREWORKS PRODUCTION CONTRACT 1 of 3 1. This Contract is entered into this day of , 20 by and between WESTERN ENTERPRISES, INC., designated herein as the "SELLER", and TOWN OF AVON, designated herein as the "PURCHASER" for a fireworks production to be held on JULY 4, 2001. 2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal, State or Local laws that might be applicable. 3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks display for any "duds" or other material which might not have ignited. Any such material found by any person other than the Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe keeping or disposal of said material. 4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on-site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display. 5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys, representatives, agents, or employees. 6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attorneys, agents, employees, representatives, insurers, and self-insurance pool from and against all liability, claims, and demands on account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in whole in or part by, the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or of any employee of any subcontractor of the SELLER. The SELLER agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 7. Insurance a. General. The SELLER shall not commence work under this Contract until it has obtained all insurance required herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Contract, the SELLER must maintain the insurance coverage required in this section. b. Insurance. (1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts, duration, or types. FIREWORKS DISPLAY CONTRACT 2of3 (2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the SELLER herein. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (a) Workers' compensation insurance to cover obligation imposed by applicable laws for any employee engaged in the performance of work under this Contract, and employers liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self-insured status may be substituted for the workers' compensation requirements of this paragraph. (b) General liability insurance with minimum, combined single limits of FIVE MILLION DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall also include coverage for explosion and shall contain a severability of interests provision. (c) Comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S owned, hired, or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. (3) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely responsible for any deductible losses under any policy required by the PURCHASER. (4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S Recreation Director. (5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER. (6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any endorsement thereto. FIREWORKS PRODUCTION CONTRACT 3of3 (7) The parties hereto understand and agree that the PURCHASER is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 at sea., 10 C.R.S., as from time to time amended, or otherwise available to the Purchaser, its officers, or employees. 8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47,500.00) to be paid within fifteen (15) days after the date of display. If payment is made in full by April 15, 2001 a five percent (51/o) discount will apply. That discount can be deducted from the total contract price, or the PURCHASER may elect to receive that mount of extra pyrotechnic product in lieu of the discount. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER Thirty percent (30%) of the cost of the display ($14,250.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount paid, less the 30% mentioned above. 10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of .20 WESTERN ENTERPRISES,. SELLER BY: authorized agent TOWN OF AVON PURCHASER BY: authorized agent WESTERN E N T E R P R I S E S. I N C. • CERTIFIED REPRESENTA TI VE AUTHORIZED TO ORDER FIREWORKS THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (BATF, Dept. of Treasury) REQUIRES THAT WE MAINTAIN A CURRENT LIST OF INDIVIDUALS AUTHORIZED TO ORDER EXPLOSIVE MATERIALS (FIREWORKS) ON BEHALF OF A GROUP OR ORGANIZATION. PLEASE COMPLETE THE REQUIRED INFORMATION LISTED BELOW AND SIGN AT THE BOTTOM OF THIS FORM. PLEASE COMPLETE AND RETURN WITH SIGNED CONTRACT NAME SOC. SEC.# ADDRESS DATE & PLACE OF BIRTH I CERTIFY THAT THE INTENDED USE OF THE EXPLOSIVE MATERIALS IS FOR A FIREWORKS DISPLAY. Signature Date "The Spectrum of Pyrotechnic Productions' ivrW i PLEA i I A RAT P.O. Box 60 / Carrier, Oklahoma 73727 / (580) 855-2203 / Fax (580) 855-2205