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TC Council Packet 04-10-2001SI-I Michael Brown j Debbie Buckley Peter Buckley Rick Cuny j " lJ Mac McDevitt , Buz Reynolds Judy Yoder f r XZ1 .? 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. Town Council Meetings Roll Call Check Sheet Date: 4/10/01 Seating arrangements from west to east: P. Buckley, Reynolds, Cuny, Yoder, McDevitt, D. Buckley, Brown Staff Present: \ Bill Efting ?i Larry Brooks Burt Levin ?i Kris Nash ?Jacquie Halburnt Scott Wright Jeff Layman Charlie Moore Norm Wood Meryl Jacobs ti Bob Reed / Harry Taylor Mike Matzko Other Staff: STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD APRIL 10, 2001, AT 2:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:45 PM - 37 SF 1.) Land Negotiations (Executive Session) i 3:-V-5-p- ?PM } 2.) Bear Discussions (Bill Andre) v4 ?3.4- -PM = 4:00 PM _ ___ 3.) Kiosk Discussion - - 4:00 PM - 4:30 PM 4.) Use Tax Discussions 4:30 PM - 4:45 PM 5.) Police Stats 4:45 PM - 5:00 PM 6.) Swift Gulch Road Preliminary Plans 5:00 PM - 5:15 PM 7.) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY CO BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC ,COLORADO BY: Kristen Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON APRIL 6,2001: 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 To: Honorable Mayor and Town Council From: Bill Efting, Town Manager-ft- Date: March 29, 2001 Re: Update on Tourist Information Center (Kiosk) and Pedestrian Directory Program SUMMARY: We budgeted $100,000.00 in 2001 for the installation of a Tourist Information electronic system to be installed. We had reached preliminary agreement on the Pizza Hut parking lot site, that agreement never came to fruition. Another project that we were investigating was a Pedestrian Directory Program, that project we did not have budgeted. Attached is an estimate from Communication Arts, Inc. that only includes the design of the Pedestrian Directory signs and not the construction and installation. The design fees were $27,000.00 not including reimbursable expenses. Communication Arts, Inc. is the company that administered the signage program in Beaver Creek; they are a very good firm but not a cheap one. OPTIONS: The only other viable option at this time for the Tourist Information Center would be our land near 1-70 and Swift Gulch Road. This would be a much more expensive site because of development costs, Norm did some preliminary estimates that totaled close to $200,000.00. Staff had considered Oscar Tang's property on Nottingham Road but could never get a clear answer. In the past month the Chamber has announced that they are moving their offices and Tourist Information Center to the Alpine Bank Building next to Roundabout Three. A good signage program at this new location could improve Avon's tourist information program. 2. The Pedestrian Directory Program was very popular with members of the Avon Business Association. Staff has estimated that with 10-12 of these signs located in various spots in downtown Avon that it would cost approximately $75,000.00 the first year. The signs would have to be updated at least one a year and perhaps twice at a cost between $5,000.00 and $10,000.00 depending which type of system you choose. The only conflict that staff can identify on this project would be our road improvements over the next several years in East Avon. RECOMMENDATION: Both of these are excellent projects that would improve the guest experience in Avon. Because of the Pizza Hut problems the Visitor Information Center (Kiosk) will not be completed this year, I would recommend that Town Council reconsider this program during the budget retreat. If the Town Council wishes to pursue the Pedestrian Directory Program, I would recommend that we transfer the $100,000.00 from the Visitor Information Center in the 2001 budget. I also believe that by bidding out the project we could save on design costs. C O M M A R T S January 12, 2001 Town of Avon Attn. Bill Efting P.O. Box 975 Avon, Co 81620 Re: Pedestrian Directory Program Dear Bill: It was a pleasure to meet you a couple of weeks ago to discuss the pedestrian directory program for the Town of Avon. As we discussed at our meeting, this new program would include the following elements: a new illustrative map of the town of Avon, a prototypical directory stanchion and supportive graphics for these elements. Our understanding of the initial scope of the program would include 10-12 locations throughout the town. The desire for lighting of the directories or surrounding area will be determined in the course of design. Comm-Arts is very excited to work on the directory program for the Town of Avon. We have a vested interest in the development of the valley and enjoy being involved with quality developments. Travel and meeting are included in this estimated as outlined below. Travel requested in addition to that outlines will be considered an additional service. • Phase I - Three site visits for two representatives each. Two meetings for design, one presentation to the Town of Avon council. • Phase II - Three site visits for one representative. Two visits for sign fabrication review, one visit for installation review. CommArts Design Fees: $27,500 Please note that reimbursable expenses and direct costs are not included in this estimate and are billed in addition to professional fees. Thank you for consideration on this project and we look forward to working with you and the council. I have attached our design process for your review. Please contact me with any comments or concerns. Sin , P '1 Reed Director Cc: Janet Martin Communication Arts, Inc. • 1112 Pearl Street • Boulder, Colorado 80302 • Telephone: 303.447.8202 • Fax: 303.440.7096 C O M M A R T S Design Process for Environmental Graphics and Signage Unless otherwise noted, CommArts' professional services for the Town of Avon Pedestrian Directory and supporting graphics program includes the following: • meeting and travel time • programming and conceptual design • generation of signage and graphics design development drawings • production of computer-generated artwork • preparation of signage message schedules and location plans • production of design intent bid drawings • outline fabricator performance and material requirements • qualified fabricator recommendations • shop drawing, color, finish, and material submittal review • coordination with fabricators for conformance with design intent • periodic fabrication and installation observation as required CommArts' professional fees will include accomplishing the specific tasks outlined below for each phase of work: Phase I - Programming/ Conceptual Design This phase will begin with an initial meeting with the client and the client and/or representative. This meeting will serve to acquaint the CommArts team with the project and its goals and objectives. Information to be gathered at this meeting includes: • Functional and operational requirements • Code and ADA requirements • Information hierarchy, sequence, and audience to be addressed • Determine requirements of image criteria, identity (existing or new), character of surroundings, and marketing and promotional positioning • Jointly establish a preliminary cost allowance for the program The CommArts team will walk the site to observe the existing conditions and take reference photographs. In addition to our photographs, CommArts' design work will require an aerial photograph outlining intended area of inclusion, as a base for the town map illustration. Town of Avon will provide this information to CommArts prior to design work. Using the overall program cost allowance established, CommArts will allocate a cost range for each sign type on the inventory to be used as a target during the design process. CommArts will then begin to establish the overall design concept direction. We will prepare preliminary design drawings, hand drawn and computer-generated, for representative sign types. C O M M A R T S These sketches will include form, material and fabrication technique alternatives, type style(s) recommendations, and color and material selection studies. CommArts will coordinate this work with appropriate client staff for any interaction between signs and building systems and landscape features. Preliminary locations will be identified and messages schedules will be drafted for operations personnel review. This material will be presented to the client and other representatives of the development team. During this phase we have programmed two trips for two people to be held in Avon. The first trip will be the fact finding/programming session. The second trip is for design review prior to final presentation drawings. Phase II - Design Development Upon approval of a design direction from the client, Design Development will begin. An inventory of the sign types and graphics to be further developed will be prepared. During this phase CommArts will prepare more detailed drawings, revising and refining the sign types and graphics as required. Selection of materials, fabrication techniques, type style(s), and color selection will be studied in more detail. Preliminary locations of each element will be revised as necessary and verified by the client's development team to ensure that ample power requirements and structural bracing are available. Sign message and types style will also be revised to reflect changes and comments made during Conceptual Design. Please note that CommArts fees do not include electrical or structural engineering services. If services above and beyond what a qualified sign fabricator can provide are required, CommArts will work with the client in soliciting fee proposals from qualified consultants. CommArts will review these developed drawings, and material and performance requirements with appropriate fabricators to see that the elements can be produced within the established budget allowances. Any necessary changes to keep production costs within these budget allowances will be made. If required, CommArts will establish materials and/or construction alternates to maintain production costs. Any changes will be reviewed with the client for approval. This material will then be assembled into a Design Development package and presented in Avon to the Avon Town Council. During this phase we have programmed one trip for two representatives for council presentation. C O M M A R T S Phase III - Final Implementation A. Design Intent Bid Drawings Upon approval of the design development package, CommArts will prepare Design Intent Bid Drawings for all signs and graphics. Final location plans and message schedules will be included. Prototypes and material submittals that will be required of the successful bidder(s) will be noted on the drawings. These drawings and performance and materials requirements will be assembled into an 11 x 17 inch format signage bid document. The drawings and requirements listed in this package will comply with all appropriate federal, state, and local codes. Computer generated artwork will be referred to in the bid package but will not be prepared until a fabricator has been selected. Progress prints will be distributed to the client and all appropriate consultants periodically during this phase for final review and coordination with all building systems, landscape elements, and operational requirements. Upon final approval of the bid package, CommArts will furnish two bound sets of the package for the clients solicitation of bids. B. Bidding, Negotiating, and Artwork Preparation CommArts will assist the client during the bidding process. A list of recommended sign fabricators qualified to execute this work will be forwarded to the client for review. CommArts will prepare computer-generated artwork for typical sign types and graphics where required. Artwork preparation will consist of Macintosh generated electronic files formatted at a scaleable percentage of the final size using Adobe Illustrator software. Macintosh or PC eps files of this artwork can also be supplied. Any artwork required beyond the electronic art noted above (i.e.: custom copy layouts, formatting for other platforms, linotronic output, or copying to other media, etc.) will be handled by an appropriate service bureau and invoiced as a reimbursable expense. Prior to the release of artwork to the fabricator, it will be sent to the client for final review and approval. C O M M A R T S C. Fabrication and Installation Observation After the fabricator has been selected, CommArts will meet with the fabricator to review all sign drawings and performance and materials requirements. This can be done telephonically or at a scheduled site visit. A schedule of prototype, shop drawings and material and color submittals will be outlined by the fabricator for CommArts' and the client's approval. The client's requirements will establish deadlines for the fabricator for all phases of this work through installation. CommArts will review all shop drawings for conformance with the Design Intent. Fabricator's details will be coordinated and reviewed with the client and other consultants as required. We will also review prototypes, color, typography, and materials submittals for accuracy. These submittals along with CommArts' comments will be sent to the client or their construction representative for your review and comment before being forwarded to the fabricators. Two visits to the selected fabricator's shop during fabrication of the signs will be scheduled to review quality and progress. One site visit will also be scheduled to review of the installation. From this review, a punch list of unsatisfactory items will be generated. The repair or replacement of work outlined on the punch list will be coordinated through the client's representative by CommArts for completion by the fabricator. During this phase we have programmed two visits to the fabricator's shop and one visit to the site for installation review. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manage®r t From: Scott Wright, Finance Director Date: April 4, 2001 Re: Use Tax Summary: On Tuesday, Larry Brooks and I will be discussing use taxes with the Council. Attached is a white paper in a question and answer format that will help familiarize you with the basic concepts of a use tax. Town Manager Comments: L V, Sh ok (el 1,1 ,LF A 5f??n' lo?l/r uw- A, s , Attachments: A - Use Tax Paper B- Listing of Colorado Municipalities Sales and Use Tax Rates Page 1 USE TAX As of January 1, 2001, there are 270 incorporated municipalities in Colorado including: 82 home rule municipalities, 16 statutory cities, 1 territorial charter city, and 171 statutory towns. 210 of these cities and towns levy a sales tax and 135 levy both a sales tax and a use tax. Of the 82 home rule municipalities, 65 have a use tax. And of the 49 home rule cities and towns in the State of Colorado that collect their own sales tax, 39 also levy a use tax. These 49 home rule municipalities collect more than 90 percent of all Colorado municipal sales tax dollars. The three categories of normal use taxes are motor vehicles, building materials, and the use or consumption of tangible personal property purchased at retail. Of the 49 home rule municipalities above, 29 levy their use tax on all three categories, 6 levy only motor vehicles and building materials, 2 levy only building materials, 1 levies only motor vehicles, and 1 levies building materials and retail sales. Current use tax rates vary from 1.00% to 4.5%. The municipalities close in proximity to the Town of Avon that levy a use tax include: Carbondale, Eagle, Gypsum, Glenwood Springs, Rifle, New Castle, and Steamboat Springs. Other Western Slope and Resort communities include: Black Hawk, Central City, Cortez, Crested Butte, Durango, Gunnison and Telluride Use Tax Definition In general, use taxes are levied in tandem with a general retail sales tax. Use taxes are complimentary to sales taxes and apply to the storage, use, or consumption of items otherwise subject to the sales tax where the sales tax is not collected. In other words, a use tax is due when Town sales tax has not been paid on the purchase of tangible personal property that is stored, used or consumed within the Town of Avon. Q&A Question. How does the use tax work and what is covered? Answer. The use tax is imposed on each person who resides in the Town for the privilege of storing, using, or consuming articles of personal property or taxable services purchased at retail. Typically a use tax applies when the article is purchased outside of Town and brought into Town for use or consumption. Question. How is the use tax collected? Answer. For building materials, the use tax is collected at the time a building permit is issued. Normally, fifty percent of the estimated general contractor costs are deemed to be the sale value of such building materials. For motor vehicles, the use tax is collected at the time of registering the vehicle by the Department of Revenue agent in Eagle County pursuant to an agreement between the Town and such agent. For retail sales outside the Town for the use or consumption of tangible personal property within the Town and where nexus has been established, the use tax will be collected at the time of sale. Question. How does it affect local businesses? Answer. Use taxes help protect local businesses from persons avoiding local sales taxes by purchasing outside the Town. A use tax tends to reduce the incentive for local businesses to locate outside a taxing jurisdiction so that purchasers can escape the sales tax. Also, a use tax offers a degree of protection to the local merchant whose goods are subject to a sales tax. Question. How much tax revenue will be generated by a use tax? Answer. Assuming a 4% use tax, for building materials, based upon an average of construction value for completed building permits within the Town for the past five years, the use tax generated each year would be approximately $619,442. Potentially, a similar amount would also be generated for construction occurring in the Village at (Avon). For motor vehicles, assuming that there are approximately 1,000 registered vehicles within the Town, and, assuming that'/4 of the vehicles are replaced each year at an average cost of $15,000, the use tax generated would be approximately $150,000 per year. Use tax on the purchase of tangible personal property outside of Town and brought into Town for use or consumption can be difficult to predict. However, typically the use tax collected will be on items considered to be major purchases such as furniture, appliances, hot tubs, etc. 2 Question. How is the Village at (Avon) affected? Answer. If a major building materials retailer is located within the Village at (Avon), the Public Improvement Company (PIC) will levy a sales fee for retail sales occurring at the retailer. The sales fee will be collected when one of two events occur: the purchaser takes the items purchased with him or, the items purchased are delivered to a location within the Town. In either circumstance, the PIC will receive the sales tax fee. With a use tax, if a building permit is taken out, the Town will collect the use tax irregardless of where the building materials are purchased. Thus, the tax on the building materials is paid one way or the other but distributed differently. Question. Can the additional revenues be earmarked? Answer. Use tax revenues can be earmarked toward a specific purpose in the wording of the ballot question (e.g. transportation/multi-modal capital improvement projects). Earmarking can help assure voters that a tax or tax increase will be used for a particular purpose of their choosing. 3 A AAA A% VV v A A V I, V V- C-. A VA AA. use tax t'rAll AIU- JUJUUUO A I J r. uc 3/6/2001 uilar 0'n/a O;n/a _ Akron _ 21-1-01 1;1-1? -81 jY jZ ,Jf Alamosa 2;10-18-89 2!10-18-89 Y Z Alma ! 317-1-88 Oin/a i Antonito 4 ° T-1 -92 O j n1a ! Arriba D!nla Onla _. Arvada* 3_.212-1-94 _ 3.2112-1-94 Aspen 2.211-1-01 O!nla I , Ault 217-1-77 I 2?1-1-79 ;Y ;Z ' - Aurora` 3.75;1-1-94 T ,.... 3.7511-1-94 - lY IZ IS , Avon T 4.11-23-82 ' 0 Na Basalt'* - 2;1-1-71 O n/a _ Bayfield - 27-1-92 O Na Bennett 27-1-74 2!1-1-96 _ i _ ;Z ! Berthoud' ! 3?1-1-98 311-1-97 _ !Y .. IZ Bethune ?.. . Oln/a 0`.n/a I. _ 1 Black Hawk 411-1-78 4I7TI 1 IZ ! 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Oln/a A Edgewater :. 3.5,2-1-87 35 ;Y 2 Elizabeth 2.511-1-94 1.5;1-1-88 - IY Empire 3'7-1-79 _ 31 A- Englewood 3.51-1-88 T 3,511-1-88 - IY IZ S Erie' 3.517-1-84 3 IY ;Z Estes Park 417-1-82 ; 21-1-87 _ 1Y Evans 31-1-82 1 3;1-1-82 Y Z Fairplay 411-1-98 ! - Oln/a Federal Weights 311, 1-89 31 Z i Firestone 2!.7-1-86 ?17-1-86 IY Z Flagler 21-1-90 Oln/a Fleming OI,n/a - O n/a Florence 21-1-78 2;1-1-78 IY IZ - Fort Collins 1 31-1-93 31-1-93 Y F? S Fort-Lupton 411-1-92 41-1-92 Y Fort Morgan 31-1-82 j 3 _.Y Z_ * Fountain 317-1-86 1 _ E.._ 2!?7-1-86 IY IZ _... . Fowler 217-1-83 Oln/a i FoxfIeld ! 211-1-96 3 7-1-96 i Z w Fraser I 4`1-1-82 4.7-1-82 ;Y IZ j l? Frederick _ 2.5'•1-100 I 2.511-1-DO jY Z Page 2 MHK-Ub-U 1 I uL Uy; Lb U11L r HA NU. -JUMOUb 1 f !D r. u4 use tax 3/6/2001 Frisco _ 27-1-79 j 1 - OIn/a Y i !Z NO Fruita 1-1-8 2 R Zi Garden City T 27-1-85 { - _Y _ Genoa ? 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Qck %e-S Page 6 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer April 6, 2001 Swift Gulch Road Realignment summary: Inter-Mountain Engineering has completed the Preliminary Design and the attached Preliminary Construction Cost Estimate for the possible relocation of Swift Gulch Road. The following Total Estimated Project Cost is based on this Construction Cost Estimate: Construction Cost $ 610,000 Preliminary Design 10,000 Final Design & Soil Testing 51,000 Contract Administration & Testing 32,000 Administration & Printing 3,000 Contingencies 71,000 Total Estimated Project Cost $ 777,000 This cost has not been included in the current proposed Capital Projects Fund Budget. The current draft of the proposed Cottonwood PUD Development Agreement proposes that these costs be shared equally by the Town and the Developer. This cost estimate should help both with decisions regarding this provision. The Preliminary Plans will also provide more detailed information for a basis of any decision made. Town Manager Comments: I:\Engineering\Subdivision\Benchmark At BC\Cottonwood\Swft GIch Rd CA Est Memo- l.Doc SWIFT GULCH ROAD RE-ALIGNMENT - PRELIMINARY ESTIMATE QUANITIY UNIT UNIT TOTAL PRICE COST 1.0 GENERAL 1.1 Mobilization 1 L.S. $25,000.00 $25,000.00 12 Survey / Staking 1 L.S. $9,000.00 $9,000.00 2.0 DEMOLITION 2.1 Asphalt Removal 17,262 S.Y. $4.00 $69,048.00 2.2 Tree Removal 3 EACH $3,000.00 $9,000.00 2.3 Guardrail Removal 125 L.F. $3.00 $375.00 2.4 PVC Pipe Removal 80 L.F. $8.00 $640.00 2.5 36" CMP Half Pipe Removal 160 L.F. $6.00 $960.00 2.6 Dewatering 1 L.S. $10,000.00 $10,000.00 2.7 Remove Signs 2 EACH $150.00 $300.00 3.0 EARTHWORK 3.1 Clearing & Grubbing 1 L.S. $10,000.00 $10,000.00 3.2 Strip and Stockpile Topsoil (6") 370 C.Y. $9.10 $3,367.00 3.3 Unclassified Excavation 590 C.Y. $6.50 $3,835.00 3.4 Inplace Embankment 218 C.Y. $12.50 $2,725.00 3.5 Site Grading 54,712 S.F. $0.20 $10,942.40 3.6 Retaining Walls, MSEW 1,200 S.F. $30.00 $36,000.00 3.7 Head and Wing Walls, concrete 35 C.Y. $600.00 $21,000.00 3.8 Rip Rap 281 C.Y. $40.00 $11,240.00 4.0 ROAD 4.1 Fine Grade 24,770 S.F. $0.25 $6,192.50 4.2 Class 5 Road SubBase 1,524 TONS $18.00 $27,429.84 4.3 Class 6 Road Base 734 TONS $21.00 $15,422.40 4.4 Asphaltic Concrete 799 TONS $47.50 $37,962.00 4.5 Guardrail 810 L.F. $15.00 $12,150.00 4.6 End Anchorage 5 EACH $750.00 $3,750.00 4.7 Striping (yellow centerline) 676 L.F. $1.00 $676.00 4.8 Striping (white shoulder bike lane) 1,342 L.F. $1.50 $2,013.00 4.9 Signs 5 EACH $450.00 $2,250.00 6.0 DRAINAGE 5.1 CMP a. 24' 49 L.F. $55.00 $2,695.00 b. 30" 63 L.F. $60.00 $3,780.00 c. 48" 165 L.F. $90.00 $14,850.00 5.2 Metal End Sections a. 24' End Section 2 L.F. $250.00 $500.00 b. 30" End Section 1 EACH $320.00 $320.00 5.3 Type D Inlet 1 EACH $5,000.00 $5,000.00 6.0 REVEGETATION AND EROSION CONTROL 6.1 Erosion Bale Inlet Protection 1 EACH $300.00 $300.00 6.2 Straw Bale Dikes 20 EACH $200.00 $4,000.00 6.3 Silt Fence 1,000 L.F. $3.00 $3,000.00 6.4 Spread Topsoil (approx. 4') 29,944 S.F. $0.05 $1,497.20 6.5 Fine Grade 29,944 S.F. $0.25 $7,486.00 6.6 Seeding & Mulching 29,944 S.F. $0.15 $4,491.60 01-0035E 04/05/2001 Prelim-CostAs SWIFT GULCH ROAD RE-ALIGNMENT - PRELIMINARY ESTIMATE QUANITIY UNIT UNIT TOTAL PRICE COST 7.0 UTILITIES 7.1 Pipe Nottingham-Puder Ditch a. 24" PVC Pipe 462 L.F. $60.00 $27,720.00 b. Manholes 6 EA. $2,000.00 $12,000.00 7.2 Relocate UG & OH Power & Switchgear 1 L.S. $70,000.00 $70,000.00 7.3 Install Splice & Switchgear Vaults 3 EA. $1,500.00 $4,500.00 (Vaults provided by Holy Cross) 8.0 TRAFFIC CONTROL 8.1 Equipment and Personnel 1 L.S. $15,000.00 $15,000.00 SUBTOTAL $508,417.94 20% CONTINGENCY $101,683.59 TOTAL $610,101.53 01-0035E 04/05/2001 Prelim-CostAs TOWN OF AVON REGULAR COUNCIL MEETING AGENDA April 10, 2001 - 5:30 PM 1. Call to Order / Roll Call ,,: ? o 2. Citizen Input a.) Easter in Avon Update (Ron Moreno) 3. Ordinances - a.) Second Reading of Ordinance No. 01-03, Series of 2001, An Ordinance Repealing and Re-Enacting Section 15.28.080M of the Town Code Concerning Temporary Signs j' (Eric Johnson) PUBLIC HEARING 4. Resolutions a.) Resolution No. 01-07, Series of 2001, A Resolution to Amend the 2001 Town of Avon Budget 5. Unfinished Business 6. New Business a.) Village at Avon Preliminary Plan Presentation j Town Manager Report 8. Town Attorney Report 9. Mayor Report ' 10. Other Business 11. Consent Agenda a.) Approval of the March 27, 2001 Council Meeting Minutes b.) Triathlon Sanction Agreement with USA Triathlon East Avon Street Improvements - Design Services and Plan Revisions Construction Contract Award for Nottingham Road Bike Path e.) Agreements with CDOT for Nottingham Road Bike Path 7lt (,- 'IV 12. Adjournment TG -? L ?` _ / ?/ ?• _/%i VON C O L O R A D O d R r r E ? ? i ona?? Rnv:s:.Fi o„'delk, ::......:... :.... April 14, 2001 10:00am -12 noon at the AVON RECREATION CENTER • Easter Bunny in the Lobby 4 C • Games in Childcare area for children 0-6 -44% • Outdoor egg hunt for children 3-9 • Inflatable bouncy castles • Outdoor Petting Zoo- All Ages • Refreshments • Free swim and games in the pool - don't forget your towe Parents don't forget to bring your camera! AM, Presenting Sponsors: 3y ?D I?G,H? tIBAW UBA -TV8. .. , aD VAII BEAVER CREEK RESORT A ? rip _: F? • S' ND TM? Supporting Sponsors: w s ?, 5 IIIE TOY STOdE tIN For more information call 74R-4056/TTY 970-74R-R?93 IV'I cl ?c Abril 14, 2001 10:00am a 12pm Lugar CENTRO DE RECREACIO'N dC AVOP • Conejito de Pascua en el Lobby • Juegos en el Area de Cuidado Infantil para ninos de 0 a 6 anos • Busaueda de Huevitos de Pascua para ninos de 3 a 9 anoa • Castillos inflables para brincar • Zoologico de Animalitos para Todas las Edades • Ref rescos • Nado gratis y juegos en la alberca - no olviden traer su toalla iPapas, no olviden traer su camara! r Patrocinadores: o? CIE 39? '?? T } HIM KVBA- VTBAN( TV8. o , ? VAIL-lEAVER CRFE('RFSORi S^NQ Co-patrocinadores: s ?wo INE TOY STOK Para mas informaci6n llame al 970-748-4056/TTY 970-748-8293 (?? 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 10th DAY OF APRIL 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-03, SERIES OF 2001: An Ordinance Repealing and Re-Enacting Section 15.28.080(M) of the Town Code Concerning Temporary Signs. 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 27th day of March 2001. ON, COLORADO BY: E?i) Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON APRIL 6,2001; 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. 01-03 SERIES OF 2001 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 15.28.080M OF THE TOWN CODE CONCERNING TEMPORARY SIGNS. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Section 15.28.080M of the Avon Municipal Code is repealed and re-enacted to provide as follows: 15.28.080 M. Temporary Signs. Temporary signs are permitted, provided that: A business may display, on a one time basis for not more than thirty days, one temporary sign per calendar year. Such temporary sign shall have a maximum area of not more than thirty-five square feet. 2. In addition to permissible temporary signs as set forth in subsection 1 hereof, during the permitting and installation process for a business's permanent identification sign, such business may display one temporary sign with a maximum area equal to the business's permanent identification sign's allowable square footage. Such temporary sign will be allowed to remain in place for not more than thirty days. 3. The sign administrator may issue a permit for a temporary sign meeting the criteria in subsection 1 and 2 hereof without Planning and Zoning Commission review. 4. Temporary signs not meeting the criteria in subsection 1 and 2 may be approved by the Planning and Zoning Commission only upon a determination by the Commission that a variance should be granted pursuant to Section 15.28.090. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this 27 day of March , 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 thel 0 day of April , 2001, at 5 ,3 0 _p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: M 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 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Directo Date: April 4, 2001 Re: Resolution 01-07, Capital Projects Budget Amendment Summary: A budget amendment is proposed for the 2001 Capital Improvements Budget and to reflect the actual beginning fund balance at January1, 2001. Attached is a memorandum from Norm Wood explaining the changes to the original budget. Also attached is the CIP Long-Range Plan as revised for the proposed changes and for actual year-end amounts for 2000. Recommendation: - Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 01-07 B - Memo from Norm Wood C - CIP Long-Range Plan Page 1 RESOLUTION NO. 01-07 SERIES OF 2001 A RESOLUTION TO AMEND THE 2001 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2000 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2001, AND ENDING ON THE LAST DAY OF DECEMBER, 2001. WHEREAS, the Town Council of the Town of Avon has adopted the 2001 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2001; and WHEREAS, the Town Council finds it necessary to amend the 2001 budget to more accurately reflect the revenues and expenditures for 2001; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following fund is as follows for 2001: Original or Previously Amended 2001 Budget Capital Proiects Fund Beginning Fund Balance $ 3,057,288 Revenues and Other Sources 3,540,054 Expenditures and Other Uses 4.496.810 Current Proposed Amended 2001 Budget $ 3,690,470 2,678,288 4,234,577 Ending Fund Balance $ 2,101512 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this I& day of April 2001. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk 2 Capital Projects Fund #41 Amended Budget #1 Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 1999 2000 2001 2001 (Decrease) REVENUES Taxes $ 2,253,373 $1,754,211 $ 1,300,000 1,300,000 $ - Intergovernmental 200,000 459,700 1,600,168 680,100 (920,068) Investment Earnings 137,801 182,267 128,886 146,938 18,052 Other Revenue 35,183 33,335 11,000 11,000 - Total Operating Revenues 2,626,357 2,429,513 3,040,054 2,138,038 (902,016) Other Sources: Transfer In from Other Funds 250,836 45,000 500,000 540,250 40,250 Capital Lease Proceeds 225,954 - - - - TOTAL REVENUES 3,103,147 2,474,513 3,540,054 2,678,288 (861,766) EXPENDITURES Capital Improvements: Facilities 4,652,394 218,710 350,000 653,000 303,000 Land and Land Improvements 2,091 225,024 - - - Roads and Streets 851,523 1,303,295 3,478,868 2,672,812 (806,056) Recreation - 126,577 - 90,823 90,823 Stormwater and Drainage - 25,250 500,000 560,000 60,000 Strategic Planning 38,085 25,943 25,000 85,000 60,000 Communications 139,939 70,925 - 30,000 30,000 Other 2,250 1,500 6,000 6,000 - Debt Service: Capital Lease Payments 80,605 122,850 122,711 122,711 - Total 5,766,887 2,120,074 4,482,579 4,220,346 (262,233) Other Uses Operating Transfer-Out to Wildridge S.I.D. 16,191 15,211 14,231 14,231 - TOTAL EXPENDITURES 5,783,078 2,135,285 4,496,810 4,234,577 (262,233) NET SOURCE (USE) OF FUNDS (2,679,931) 339,228 (956,756) (1,556,289) (599,533) FUND BALANCE, Beginning of Year 6,031,173 3,351,242 3,057,288 3,690,470 633,182 FUND BALANCE, End of Year $ 3,351,242 $ 3,690,470 $ 2,100,532 $ 2,134,181 $ 33,649 Page 1 Capital Projects Fund #41 Amended Budget #1 Original or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Amendment Increase Number Description 1999 2000 2001 2001 (Decrease) Taxes: 51401 Real Estate Transfer Tax $ 2,253,373 $ 1,754,211 $ 1,300,000 $ 1,300,000 $ - 51000 Total Taxes 2,253,373 1,754,211 1,300,000 1,300,000 - Intergovernmental: State Grants: 53201 CDOT - 80,000 - Subtotal: State Grants - 80,000 - " Local Government/Other Agency: 53401 Eagle County RTA (Trails Grant) - 104,700 455,100 455,100 - 53401 Village at (Avon) Roundabout Reimbursement 200,000 200,000 200,000 200,000 - 53401 Village at (Avon) Chapel Square Rd. - 75,000 - 25,000 25,000 53401 Village at (Avon) E. Beaver Cr. Blvd ROW - - 895,068 - (895,068) 53401 Eaglebend Housing Authority - - 50,000 - (50,000) Subtotal: Local Government/Other Agency 200,000 379,700 1,600,168 680,100 (920,068) 53000 Total Intergovernmental 200,000 459,700 1,600,168 680,100 (9201068) Investment Earnings: 57101 Interest Earnings 137,801 182,267 128,886 146,938 18,052 57000 Total Investment Earnings 137,801 182,267 128,886 146,938 18,052 Other Revenues: 58102 Utility Capital Facility Fees 733 1,196 2,000 2,000 - 58104 Fireplace Fees 3,000 3,000 9,000 9,000 - 58999 Miscellaneous Nonclassified Revenues 31,450 29,139 - - - 58000 Total Other Revenues 35,183 33,335 11,000 11,000 - Other Sources: 59201 Transfer In from Other Funds 250,836 45,000 500,000 540,250 40,250 59303 Capital Lease Proceeds 225,954 - - - - 59000 Total Other Sources 476,790 45,000 500,000 540,250 40,250 50000 TOTAL REVENUES $ 3,103,147 $ 2,474,513 $ 3,540,054 $ 2,678,288 $ (861,766) Page 2 Capital Projects Fund #41 Amended Budget #1 .n .a-.j M er?} ? ?'1x':Y s,( "y..3?jin?•..? f5. ?: ?...u ? ?. ?f!':,T} b'J?.'. t ? eets'#nven to . A?? x+. 1x,` Original or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Amendment Increase Number Description 1999 2000 2001 2001 (Decrease) CAPITAL IMPROVEMENT PROJECTS 12001 Facilities: Fire Station Expansion/Remodel $ 17,444 $ 197,394 $ - $ - $ - 13001 Swift Gulch Facility 4,332,319 21,316 - - - 13003 Park Equipment Storage 302,631 - - - - 000 100 - 100 000 - - 11003 15001 Information Center/ 1-70 Recreation Center Refurbishment - - , 250,000 , 553,000 303,000 Land and Land Improvements: Parks: 21002 Garton Property 2,091 225,024 - - - Roads and Streets: 31002 Streetscape: W. Beaver Creek Blvd. 38,979 785,571 - 10,000 10,000 31003 31004 Wildridge Entry Sign Nottingham Rd. Imp., 1-70 to Buck Creek - - 40,644 44,725 - 865,000 - 125,000 - (740,000) 31005 Nottingham Rd. Imp., Buck Creek to end - 93,871 - 40,000 40,000 31006 Eaglebend Dr. - - - - 350,000 000 35 - - (350,000) (35,000) 31007 Eaglebend Entry sign , 32001 Street Improvements: Paving/Road improvements 140,002 73,282 100,000 108,063 8,063 32003 Chapel Square Reimbursement 150,000 - 405 - 068 895 50,000 - 50,000 (895,068) 32004 E. Beaver Creek Blvd. Improvements - , Multi-Modal/Alternative Mobility: 34001 34002 Sidewalks East Avon Access and Circulation 19,428 120,947 - 59,246 - - - 925,000 - 925,000 34003 Roundabout Pedestrian Crosswalk Improvemen 134,914 10 - 205 551 - 000 182 186,449 4,449 34004 34005 Eagle River Bikepath Eagle River Bikepath - Beaver Creek Blvd to Coi - , - , 441,800 441,800 - 34006 Nottingham Road / 1-70 Bikepath - - 610,000 786,500 176,500 36001 Public Art Work 247,243 - - - - 51001 Recreation: Nottingham Park Basketball Court - 126,577 - 90,823 90,823 61001 Stormwater and Drainage: Buck Creek 11-70 to Eagle River - 12,625 400,000 - (400,000) 61002 Metcalf Rd. Drainage / 1-70 to Eagle River - 12,625 100,000 560,000 460,000 Strategic Planning: 71001 Development Analysis and Review 34,701 25,943 - - - 79001 Planning and Consulting 3,384 - - - 25,000 - 25,000 60 000 - 60,000 Town Center Plan , 81001 Communications: 800Mhz Radio System 139,939 70,925 - 30,000 30,000 91001 Other: Fireplace Conversions 2,250 1,500 6,000 6,000 - Total Capital Improvement Projects $ 5,686,282 $ 1,997,224 $ 4,359,868 $ 4,097,635 $ (262,233) Page 3 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer) Date: April 5, 2001 Re: Capital Improvements Program Budget Amendment Summary: The proposed Capital Improvements Fund Budget Amendment as attached reflects recommended revisions to address various changes that have occurred since adoption of the original Budget. The proposed changes are summarized as: Project Current Proposed Recreation Center $ 250,000 $ 553,000 Revised to Current Construction Cost Estimates West Beaver Creek Blvd. Streetscape - $ 10,000 Incomplete Items from 2000 Nottingham Road (I-70 to Buck Creek) $ 865,000 $ 125,000 Expected Reduction in R/W Requirements Nottingham Road (Buck Creek to Metcalf) - $ 40,000 Design Revisions & Completion Due to Bikepath Location Eaglebend Drive Streetscape $ 350,000 - Project Delayed to Coordinate with Village Construction Eaglebend Entry Sign $ 35,000 - Project Delayed to Conform with Street Improvements Paving/Road Improvements $ 100,000 $ 108,063 Increase due to Retainage Payment from 2000 Chapel Square Reimbursement - $ 50,000 Carry Forward from 2000 due to Non-Compliance East Beaver Creek Blvd. $ 895,068 - Deferred Construction to Follow East Avon Streetscape Improvements East Avon Access & Circulation - $ 925,000 Final Design Revisions, R/W Acquisition for 2002 Construction Eagle River Bikepath $ 182,000 $ 186,449 Revision to Match Actual Expenditures in 2000 \\PW\SHARED\Fngineaing\Adimistration\CIP Budget\Bdgt Anmdmnt Memo Apr 01.Doc Nottingham Road / I-70 Bikepath $ 610,000 $ 786,500 Revised to Match Construction Bids Received Nottingham Park Basketball Court - $ 90,823 Revision to Match Actual Expenditures in 2000 Buck Creek Storm Drainage $ 400,000 - Project Delayed Pending Town Center Plan Completion Metcalf Storm Drainage $ 100,000 $ 560,000 Project Revised from Design to Design & Construction Town Center Plan - $ 60,000 New Project Implemented after Budget Adoption 800 Mhz Radio System - $ 30,000 Remaining Payment from 2000 Budget Year A revised Draft Capital Projects Fund 5-Year Plan is also attached. This Plan reflects the above changes and a revised project schedule with projected fund balances. We recommend approval of Resolution Number 01-07 amending the Capital Projects Fund Budget. Town Manager Comments: \\PW\SHARED\Enginemmg\A&mistration\CIP Budget\Bdgt Amndnmt Memo Apr OLDM 2 4 . M N LO O OD co C6 N X? 11 "-.: rNr:II3 M r 'r .. .. ?" V! to C', $ ° o n #p? 8 0 8 N M n N ^ N ? 5 M a oa OO N M 8 M e? C 5 C S N N (O pp B N O N 0 0I C4 N N .." 619 Cl) p 0 p p i pp 0 ' Ct p O 0 O O g,6 N M °v t0 LO g m N O N GO O n - 0) n Cl) t0 N co 0 NCA OD co p 8a0D g Si u?c$ U9 ? n d . CC?1 ..N r M- O O N N Ii Q to N! 00 Go Cl) p N OD 00 N O C C p G) g O pp O g v U) Lc) Q N N N O 00 M 0 00 N ?p - d N 4 V! LL 1 Q O 00 O LO O ON SO S O 0 0 LO O O W m . O 000 0 LO O N OD LO 9 p s O n O m Cl O r C C7 O If . 60 f9 J ? 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U U O m N N ?' q>q11 C ` E E S d 21 L p H ? ? d Z . ..? ??? + •?ah 0 ILL O N N 0 O a G N Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: April 4, 2001 Re: The Village (at Avon) Filing 1 Preliminary Plan Submittal Summary: Traer Creek L.L.C. has submitted an Application for Subdivision Preliminary Plan Approval for the "Village (at Avon) Filing 1". The submittal includes applications for approval of two variances from the Subdivision Regulations and a proposed "First Amendment to Annexation and Development Agreement". Filing 1 subdivision includes the area between I-70 and the Union Pacific Railroad. The proposed subdivision essentially divides the site into two areas. The easterly portion of the site is divided into four lots for proposed development, one lot for proposed parkland and various tracts for open space, parkland, roads and utilities. Lot 5 in this area is proposed as a 4-acre public works site. The westerly portion is designated as Lot 1 and it extends from the original town boundary easterly to the proposed road connecting I-70 and US Highway 6. It is anticipated that this Lot 1 will be resubdivided in the future as the development plan for this area is completed. One Variance Application is for a variance from the Subdivision Regulations to allow a cul-de-sac length greater than 1000 feet. The cul-de-sac road providing access to the proposed public works site is approximately 1780 feet long. The other Variance Application is for a variance from the Subdivision Regulations to allow a permit to be issued for overlot grading prior to approval of the Final Plat. The proposed overlot grading includes stockpiling excavated materials at various locations complete with pollution control and revegetation of disturbed areas. CAWMDOWS\Temporary Intemet Files\01,K8184\Review Memo-11.Doc The "First Amendment to Annexation and Development Agreement" is proposed to modify provisions related to commercial area development and the timing of required roadway construction. It also addresses other situations that have changed since the original agreement such as formation of the Fire District, temporary construction access, dedication of public works site and administrative fees for the collections of Public Improvement Company Fees. This Amendment must be approved by Ordinance to be consistent with the terms and procedures stipulated in the original agreement. Improvements proposed with the subdivision include the I-70 Interchange, connecting road to US Highway 6 with a railroad underpass and a new bridge over the Eagle River. Temporary easements and roadway construction are proposed to extend East Beaver Creek Boulevard and Chapel Place to connect with the connector road between I-70 and US Highway 6. A temporary roadway is also proposed from the intersection of Stonebridge Drive and Eaglebend Drive across the railroad tracks to connect with the temporary extension of East Beaver Creek Boulevard. This temporary road is proposed to provide access for delivery of construction materials and equipment to the site while it is inaccessible from Swift Gulch Road and the existing Ranch Road due to the I-70 Interchange and Eagle River Bridge construction. Other proposed improvements include utilities, storm drainage and pollution control facilities. A tentative review and approval schedule is expected to be: 1) Presentation to Town Council a) First Amendment (Work Session) b) Preliminary Plan (Regular Meeting) 2) Transmit for Review & Comment to: Eagle River Fire Protection District Eagle River Water & Sanitation District Colorado Department of Transportation 3) 4) 5) 6) 2001 Eagle County Engineer Presentation to Planning & Zoning Commission First Amendment to Agreement April 10, 2001 April 11, 2001 April 17, 2001 April 24, 2001 a) Review Agreement (Work Session) b) 1St Reading Approving Ordinance (Regular Meeting) Planning & Zoning Commission Comments Due May 1, 2001 Last Date to Mail Notices for Public Hearing May 2, 7) Agency Comments Due 8) Town Council (Public Hearings) a) 2" Reading Ordinance Approving Amendment b) Public Hearing Preliminary Plan 9) Effective Date Ordinance Approving Amendment 10) Town Council Preliminary Plan Approval by Resolution May 4, 2001 May 8, 2001 May 16, 2001 May 22, 2001 CAWINDOWS\Temporary Intemet Files\OLK8184\Review Memo-11.Doc 2 The April 10, 2001 presentation to the Council during the regular meeting will provide a brief description of the proposed subdivision and anticipated first phase of development along with a brief outline of the anticipated review and approval process. Recommended Council action will be to refer the proposed subdivision to the Planning and Zoning Commission for review and comment. Recommendations: Refer proposed Preliminary Plan for "The Village (at Avon) Filing 1" subdivision to the Planning and Zoning Commission for review and comments. Town Manager Comments: CAWINDOWS\Temporary Internet Files\OLK8184\Review Memo-11.Doc 3 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 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, and Mac McDevitt present. Mayor Protem Buz Reynolds was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Town Clerk Kris Nash, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Mike Matzko, Engineer Anne Martens, Asst. Director of Community Development Ruth Borne, Planning Technician Eric Johnson as well as members of the public. Ordinances: First Reading of Ordinance No. 01-03, Series of 2001, An Ordinance Repealing and Re- Enacting Section 15.28.080M of the Town Code Concerning Temporary Signs Planning Technician Eric Johnson stated that this ordinance revises the Avon code to improve the allotted time for temporary signs. It also will clarify the use of temporary signs during the installation and approval process for permanent signs. Councilor Debbie Buckley motioned approval of Ordinance No. 01-03, Series of 2001 on First Reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. New Business: Nottingham Bike Path Contract Mayor Yoder stated that this item has been removed from the agenda and will come before the Council at a later date. Consent Agenda: a.) Approval of the March 13, 2001 Council Meeting Minutes b.) Contract for Noah's Ark Petting Zoo for Easter Event c.) Financial Matters Councilor Debbie Buckley motioned approval of the Consent Agenda. 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 Debbie Buckley seconded the motion. The motion carried unanimously and the meeting adjourned at 5:33PM. Y SUBMITTED: Nash, Towri APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting March 27, 2001 Memo r March 30, 2001 To: Meryl 4 From: Mike Mullins RE: Triathlon Sanctioning Agreement Summary Attached please find the agreement between the Town of Avon and USA Triathlon in regards to sanctioning for the triathlon. Recommendation I recommend that Council approve and sign the attached sanctioning agreement for $260.00. Town of Avon • P.O. Box 975 • Avon, CO 81620 • 970-748-4032 * * - -- - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2001 Sanction Application * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * USA Triathlon * * 3595 E. Fountain Blvd. Ste. F-1 * Colorado Springs, CO 80910 * P-719-597-9090 F-719-597-2121 usatriathlon@usatriathlon.org * www usatriathlon org * . . * * * * * * t * * * * * * * * ******* ****************************************************************************** ******* Table of Contents 1 Please complete all pages in the application that are applicable to your event and make a copy of the completed application for your records. Important information ...................................................................................2 ? Logos ? Race results/ranking system ? Paperwork ? Sanctioning refusal ? Water safety issues Sanction fee information ...............................................................................3-4 This page provides you with the sanction fee structure and the 2001 sanction refund policy. Return the payment information with your check, money order, or credit card information. No sanction applications will be processed without the correct payment. Event sanction application/Insurance certificates ................................................5-6 Necessary USA Triathlon information needed to contact the race director, compile a newsletter, create a calendar listing, and provide all the certificates of insurance. Event description .........................................................................................7-8 Provides USA Triathlon with information about your race course. Please complete all questions that apply to your sanctioned event. You cannot skip this description and have us refer to a previous year's application. Please include maps of the course with-your completed sanction application. Sanction agreement form ..............................................................................9-10 This is the contract between USA Triathlon and the race director. Please read carefully, fill in the appropriate names at the beginning of the contract, sign and return it to USAT. Tile business entities signature section applies to situations where a party other than the race director owns the event. In all cases the race director will sign the application. By sighing this contract you are Warranting that your race Will meet the 777i7im11177 race sanctioning requirements as outlined in the event sanctioning requirements section. Failure to maintain minimum race sanctioning requirements will be a breach of this contract and such breach may result in voiding any insurance coverage made available to the race director. If a claim for damages should arise as a result of the failure to maintain minimum race requirements, the race director shall be responsible for the first 510,000 of any loss. Officials information .......................................................................................11 Provides guidelines and information regarding the request and use of USA Triathlon Officials. Cash grant application ....................................................................................12 There are two different cash grant programs. If your event qualifies and you meet and agree to the terms, complete and sign the form and return it with the sanction packet. Youth events and camps/clinics are not eligible to receive grants. Product selection form ....................................................................................13 Address mailing label information .....................................................................14 Reduced prices are offered to race directors who want address labels of USA Triathlon members as provided by the national office. Please contact the event services coordinator for a request form. Waiver Form ..........................................................................Please see attached You may use this waiver release on entry forms. This waiver may only be modified to include your sponsors without consultation with USAT. Any other modifications need to be approved by USAT. Important Information 1. Logos To help us insure the continuation of the product sponsorship program, please use the logo of those products provided through this program wherever possible--entry fortes, posters, ads, t-shirts, results, etc. (SEE LOGO SHEET ENCLOSED). You do not have to use the logos of companies whose products you have not selected as sponsors. In addition, it is important to keep the USAT logo visible throughout your brochures, t-shirts, etc. 2. Race results/ranking system We would like to include all 2001 sanctioned events in the USA Triathlon athlete ranking system.. Please be prepared to provide USA Triathlon with your race results in ASCii (pronounced askee) format through an email or on a disk. The rankings are perceived by the athletes as the greatest benefit of USA Triathlon membership so your cooperation is appreciated. Please send us your disk or email as soon after the event as possible. We also request that you send your results to your respective regional federations since they conduct their own rankings as well. Realize these may change throughout the year. Please look up the REGION section on our website at www.USATriathIon.org if you would like to learn more about the regions. Please review the following list: Northwest Region: WA, OR, ID, MT ? Tim Becker, wendiotim0a aol.com, 206-285-5914 4300 35th Ave, West #10 Seattle. WA 98199 Southwest Region: CA, NV, AZ Rocky Mountain Region: WY, UT, CO. NN4. El Paso. TX ? Lynne Fonda-Kosorek Novamtch(&`redshift.com, 831-373-7403 752 Jessie St, Monterey. CA 93940 ? Larry Seidman Iseidman!a;usacvcling.org, 719-578-4500 xt.3316 6255 Moorfield, Colorado Springs. CO 80919 i\'lidwest Region: ND, SD, NE, KS. MN, IA. MO, WI South Midwest Region: OK. AR. LA, TX (except for El Paso) N'lideast Region: Mi., IL. IN. 01-1, KY Southeast Region: TN. MS. AL. GA. SC and Panama City West FL Florida Region: FL except for west of the appalachicola Mid-Atlantic Region: PA. WV. VA. NC. N.I. N4D. DE New England Region: NY. VT. NNE. NIA. Mi. Rl. CT USAT will not give sanction fee refunds unless a disk or email are returned. Providing your results to your regional federation does not meet the requirements of submitting results to the national office. Without submitting a disk or email, there is no guarantee that your event will be included in the rankings. ? Daniel Seymour Daniel. seymour,cngeneralcasualty.com. 608-276-8663 2774.1acquelyn Dr. Madison. WI 53711 ? Karl Stewart, karl.stewart t enron.com, 713-984-0489 910 Silber, #D5. Houston . TX 77024 ?Jim Donaldson, Jdjp(tbuckeye-extreme.org. 419-885-2089 4718 Charlesgate, Sylvania. OH 43560 ?Charlie Crawford. crawtci!%gte.net. 334-332-9092 227 Woodfield Dr. Auburn. AL 36830 ?Fred Sommer. tied(, tritlorida.com. 352-394-1320 PO Box 121236. Clermont. FL 34712-1236 ? Robert Vigorito, vigormanO home.coin. 410-730-3880 6662 Windsor CT, Columbia. MD 21044 ? Sieve Kelley. sdkellev c aol.com, 508-238-8991 23 Jenny Lind St. North Easton. MA 02356 3. PaperN-vork/Payment Return the completed event sanction application with your sanction fee to USA Triathlon. Be sure to sign forms where applicable and include maps. Make checks payable to USA Triathlon. If paying by credit card, please complete the section on the sanction fee information page (page #3). 4. Refusal *USA Triathlon reserves the right to refuse sanctioning of an event based upon: *Poor past performance by a race director or race management *insufficient preparation time *Significant discrepancies in race planning *Concerns that race management is not capable of complying with USAT safety requirements and/or competitive rules *Inconsistencies in overall race concept *Factors that indicate potential problems in race operations *Post race items from previous years not received by USAT 5. Water Safety USA Triathlon recommends that race directors be attentive to the water conditions of the swim if the swim is taking place in an open body of water. Bacterial infections are a risk if the water is not tested. To ensure the safety of all participants, USA Triathlon asks that a test of the open body of water be done prior to the race to determine the water is indeed safe for a swim. The state board of health in each respective state can be contacted to determine water safety levels. Water conditions can change rapidly if unseasonably high rainfall occurs. As a race director. you must be aware of the water conditions and notify participants of any risks associated with the swim in your race. Sanction Fee Information Type Event Size Sanction Fee Adult multi-sport event any # of participants $ 250.00 Youth event, camp or clinic any # of participants $ 75.00 NEW POLICY: Late fees-- If we are receiving* your sanction application within 30 days of the event, please add an additional non-refundable $50 to your total. • If we are receiving the sanction application race week, an additional non-refundable $100 must be added to your total, NO EXCEPTIONS. • If we are receiving the sanction application within 21 days of your event, products will not be available. • If we are receiving your application the week of the event, please be prepared to cover charges for sending your sanction approval box to you overnight via Fed Ex or UPS. We will send a bill the following week for those charges. • Payment must accompany sanction applications -- Sanction applications will not be processed without complete payment! *Receiving means in the national office, not postmarked within 21 days! $_ 60 •CO Sanction Fee Send check, money order or credit card info to: $ AO Additional Insureds @ $10 each, $25 if within 7 days of the event $ O Incremental insurance (if applicable) USA Triathlon Event Sanctioning $ Championship Fee (if applicable; non-refundable) 3595 E. Fountain Blvd, F-1 Please refer to championship info. sent Oct. 2000 Colorado Springs, CO 80910 $ O Late Fee (if applicable; non-refundable) $ oZ 0 TOTAL ENCLOSED Circle one: Visa MasterCard Check Check # Print Cardholder's Name: Credit Card Signature Credit Card Number: Exp Date Sanction Refund Policy-Adult Events The full refund mailable for race directors of'adull nnilti-.51)07.1 events is 5150 and frill only be refunded if oll post race materials are received in the national office vvithin 14 days of the event. 5150 Refund Required items are returned within 14 days of the event S75 Refund Required items are retuned within 21 days of the event ***No refund after 21 days*** Sanction Refund Policy-Youth Events S50 Refund Required items are returned within 21 days of the event ***No refund after 21 days*** 4A Required items for a refund and/or cash grant for adult events 1. Money and forms collected for USAT licenses (one-days and annuals) Remember: All race participants must be annual or one-day license holders 2. Complete race results on disk or email. 3. Incident report forms (provided in the sanction approval box) either filled out or signed and dated with "none" written on top 4. Completed race director's survey (provided in the sanction approval box) Required items for a refund for youth events 1. Money and forms collected for USAT licenses (one-days and annuals) 2. Incident report forms (provided in sanction approval box) either tilled out or signed and dated with "none" written on top. 3. Completed race director's survey (provided in sanction approval box) *The sanction fee cannot be recorded as money collected at event. Actual money for USA Triathlon memberships must be sent. In addition, refunds may not be deducted from collected membership fees. *USA Triathlon reserves the right to refuse sanctioning the following year if post-race items are not returned within 120 days of the event. *Please note that if you are sanctioning more than one event for one weekend, it is not necessary to pay 2 sanction fees. The only time it is necessary to pay more than one sanctioning fee is ,vlnen you are putting on an adult and youth event in one weekend. A tri/du counts as one event. Additional Information Requests The National Office has the f )llolvin il7for171atlon available to those race direCt07's irho are interested. Please check the a1J1)1'OlViate box and i17f01'171Ct11O17 ivill be sent to )?o1t. I am interested in receiving information on the following: 1. Weight Class Racing Guidelines 2. Physically Challenged Guidelines 3. Medical Guidelines ? 4. Race director's Manual 4 I 2001 USA Triathlon Event Sanction Application (Please pant) Date Rec. (for office use only) Event Name 6W R q I cnx,&i+L,( Ti /&1k, Event Date 1, 0 ( Race City Race State Cc? Is this a USAT Championship Event? Yes & Is this an off-road event? Yes (0 Event Type (please circle one) riathlon uathlon Youth Camp/Clinic Distances For youth events only--What are your age groups? (Minimum age 7) Race Director m; k(.Q to tt.I Ii A 5 Phone (H) q'7o • 3 76 - oI ? Z (W) ? 7?j • -fl-I Y • 1--/0 ?7- Race hotline # 7 'h) - -f -/ f . gO(so Fax 17a 9Y2 6 /d 0 Which phone number do you want published? Home Work ace ho Company/Business name if applicable?yaA fs cac,,L-,v, 6yu/et- Mailing Address Q City d? State (7 Zip Shipping Address lay & Y1c,? rinc4 rk ( No PO Boxes due to UPS delivery) City k y&,^, State W Zip S //o A9 ATTN:_ ?M *L 111A114,5 Published e-mail address M r11 tj (,.As Web site Private e-mail address Address of event start line nCA rnC.( r,, UL First time event? Yes II&T First time sanctioning this event with USAT? Yes ll]'.8' Number of participants in 2000 ? 8© Number expected for 2001 UO How many years has the event been in existence? t0 How many years has the event been sanctioned? ?P Do you have equal payments for men and women? ? Ge No Do you need new USAT/Visa banners? Yes Who is doing your timing? EKOn -- C WlUll G 7?L?C, Are you using Champion Chip Timing? Yes If not. would you like info. on Champion Chip Timing? Yes INSURANCE CERTIFICATES Please read thoroughly The USA Triathlon liability policy provides coverage for the race director, race committee, sponsors, volunteers, and any club functioning on behalf of the production of this event. These entities are entitled to be Certificate Holders. Any entity outside of this group will need to be named as an Additional Insured. When asking an entity (i.e. municipality, facility, govermnent entity, etc.) about a certificate of insurance, please ask whether a Certificate Holder- or an Additional Insured (see definitions below) naming on the certificate is needed. The fee for naming additional insureds is $10 each. Please note insurance certificates requested the week of the event will cost $25 each, instead of $10 each. We can not guarantee that requests made 48 hours or less before an event will be processed in time. Certificates of Insurance will be issued to all entities who request proof of insurance, if the following information is provided (please print legibly). Attach additional sheets ifnecessary. CERTIFICATES OF INSURANCE REQUEST Name I !'JW',1 CA 1'1- Yrnn rjn.ct _ i ? P m -1Y r) /P e --? Choose one: Address Additional Insured Name Addre G le n Wot1A. B& o ( Relation to Event a?l C Name Address Relation to Event ? Certificate Holder OR Certificate Holder /OR l Additional Insured Certificate Holder OR Additional Insured Definition of a certificate holder: An entity or person who receives the certificate of insurance which verities that a policy has been written and states the coverage in general; often used as proof of insurance for legal requirements. Derinition of an additional insured: An entity or person other than the named insured, who is protected under the terms of the contract (policy). Additional insureds are usually, added by endorsement or referred to in the Nvording of the definition of "insured" in the policy itself. When a certificate is issued naming someone as an additional insured, the entity is automatically protected under USA Triathlon's policy Nvith respect to the negligence of the named insured arising out of the sanctioned event named on that particular certificate. 6 u Event Description ?All questions must be answered *Please refer to the 2001 Event Sanctioning Requirements booklet for all basic course requirements and guidelines wim ours *No more than 150 per wave start *One lifeguard for every 50 athletes *Ocean swims must have one lifeguard for every 35 athletes *At least 3 minutes between waves Circle course type: Poo Lake River Ocean Sound Bay Name of body of water ?Vm x Dty?ej Expected water temperature n (see wetsuit rule-Rule 4.4 of USAT rulebook found at .Nww.usatriathlon.org) Number of wave starts to Participants per wave J0 Time between waves In 11("4 eS Number of certified lifeguards Number of underwater divers ?//?4- Type of watercraft W/A Number of watercraft At Swimmer accountability (how are you tracking athletes in and out of the Nvater) Lane- COLLWA1445 Number of swim buoys- !?( ottrs y ce If open course, /h?onw will cyclists be separated from traffic? If\CA. 1?t e_ C071-e?r Cam/ i?? rnafshads How are high traffic intersections to be n controlled? I Ii U- `)--;'? ? ?i 1` S QZQ ,)- s;S n 5 Number of police ?e Number of volunteers 13 Number of aid stations *At least one aid station on every course Is there a lead vehicle/bike?(9 No Is there a motorized sag wagon/bike? 0 No How many draft marshals will you provide? un ours Circle course type: L t &B a Loop Point to Point Circle course venue: en cours Closed course On-ro Off-road Width of trail- If open course, how will runners be separated from traffic? CcrN[A, h a rn- ca4A Si 'el 4 C A,,. L 10GriAa11s How will high traffic intersections be controlled? i "Z' d p1Z.vt,?t_ 5 i e n s Circle course set-up: Out & Back GOP Point to point Circle course venue: i ycourse Closed course Off-road One-" Is there water every mile? Yes If not, how often? I. - Number of police 3 Number of volunteers h' Width of road/trail 'Z; Z-0 n e, r ' Transition Area ;t How is the transition area secured? What is the claims system for athletes to remove their belongings from the transition area? r h 11 s Lu?xtl cIL Have run/bike crossovers been eliminated from the transition area? 3e- No Have run/bike crossovers been eliminated from the course? fe, Have you adhered to head referee's recommendations from previous years? es No Medical "Must be present at the event Circle head of medical team: MD EMT Nurse Other: J:tj?L c- Name4 l-9- Phone number ?' ?Q- ?j •X103 Number of medical staff Safety Do you have a safety director? fe) No Do you have a written safety plan? 6 No Have you notified local police, fire rescue & hospitals of the event? ? No Is the safety director familiar with the USAT incident report and medical forms? ( No Will a safety checklist be completed prior to your event? es No Communications What type of communication devices are you using during the event? (Please circle all that apply) e phon s n field radios Other: Describe the communication process between the key coordinators during the event All 15 1 rLL L AI ye-d • Rrxrj o S Is medical group a part of the communications Maps network? (9 No / Include the following maps with your sanction Name of nearest hospital ( Me d. (OA4 application. Maps from previous years are not Distance to the nearest hospital from race acceptable! site 4ndeA Transition area Number of ambulances: Swim course At event On call Cycle course Run course Divisions Do you offer a weight class division? Yes &i) Prize Money Do you offer a physically challenged division? Do you offer prize money? Yes Yes 0 If so, how much money? - ***Please note that all age group divisions need to be divided into 5 year increments through the oldest competitor---No exceptions! USA Triathlon Event Sanction Agreement k This sanction agreement ("Agreement") is made between the following entities: USA Triathlon ("USAT"), a California not- for-profit public benefit corporation; , the race promoter(s) or director(s) of the _ &1m P,?J Cd-L,1Yd,1 g y (A r1 (the "Event")-, and all other persons or entities connected with the production of the Event and appearing as signatories to" this Agreement. (All such race promoter(s), race director(s), and other signatories are referred to herein individually and collectively as "Race Director.") In consideration of the mutual concerns and promises set forth below, the adequacy of which is hereby acknowledged, USAT and Race Director agree as follows: 1. Race Administration. Race Director agrees, covenants, warrants, and represents that Race Director shall follow and ensure that the Event complies with all USAT's management criteria, safety guidelines, rules, regulations, policies, directives, decisions, and all procedures set forth in the USAT sanction booklet entitled "Event Sanctioning Requirements." Race Director shall collect, as trustee on behalf of USAT, all required license fees, single event license fees, release forms, and race results, and shall deliver such items to USAT by either UPS or certified mail, return receipt requested, within the time period set forth in this sanction application. 2. Limited Use of USAT Trademark. Race Director shall be permitted to use USAT's principal trademark, consisting of USAT's name and primary logo, for the limited purpose of advertising and promoting the Event. Any use of USAT's name and trademark shall cease immediately after the Event or upon termination of the Event's sanction. 3. Prize Money. Race Director shall distribute any prize monies equally to all qualified men and women participants and shall pay, in full, the amount of all prize monies listed in the sanction application. 4. Competitive Rules. Race Director shall uphold and comply with all of USAT's Competitive Rules, as they may be amended from time to time, and shall ensure that the Event complies with all such Rules. Race Director warrants that any request for additions or exceptions to the Competitive Rules have been submitted in writing to USAT. 5. Safety Guidelines. It is expressly understood and acknowledged by Race Director that the requirements, standards, and guidelines established by USAT are intended to provide for the orderly administration of the Event and are not intended to guarantee the safety of participants. Race Director acknowledges that safety considerations may or may not require that additional precautions or measures be taken beyond the minimum requirements established by USAT, and Race Director agrees to take such measures to promote and conduct the safest event possible. 6. Legal Claims and Event Records. Race Director hereby covenants and agrees to cooperate in good faith with USAT and its agents in the event of any personal injury claims or other legal actions arising out of the Event and to maintain adequate business records for the Event for a period of at least six (6) years after the Event and to provide USAT access to such records. Business records include, but are not limited to, participant waiver forms, facility use agreements, vendor certificates of insurance, race participant census data, and accounting records. 7. No Warranties or Agency. It is understood and agreed that USAT makes no warranties. express or implied, to the Race Director, or other race promoters, sponsors, participants. volunteers, spectators, or any other person or entity related in any way to the Event. Under no circumstances shall Race Director act as the agent of USAT. There is no intent to create an agency, partnership, or ,joint venture relationship between USAT and the Race Director of the Event. 8. Drug Testing. Race Director hereby acknowledges that the Event may be selected for drug testing by USAT at the Race Director's expense, and, in such case, Race Director shall permit such testing to proceed and shall cooperate fully to ensure that all the facilities and assistance needed in order to comply with the protocol developed by USAT and the United States Olympic Committee are available. Race Director shall not conduct any drug testing without the prior written approval and supervision of USAT. 9. Media Release. Race Director hereby agrees to give USAT the right to use Race Director's and Event's name oil any written, photographic, audio, or videotaped materials relating to the Event for advertising, promotional, commercial, educational, or other purposes, and Race Director hereby waives any right to additional consideration or compensation with respect to any such use. 10. Warranty of Information. Race Director warrants that all the minimum race sanctioning requirements for sanctioning with USAT will be complied with and that all information listed under Event Description of the Sanctioning Application is true and correct. Falsifying or misrepresenting information in the Sanctioning Application will result in either voiding or reducing the amount of insurance coverage made available to the Race Director or Event as part of USAT's sanctioning of the event. If anv statement set forth in the sanction application or any representation made to USAT in connection with the sanction application subsequently becomes untrue prior to the competition of the Event, Race Director shall immediately notify USAT in writing of the change in circumstances. 9 ?r 1 1. Indemnification. Each Race Director (as defined above), personally, and on behalf of all affiliated or related entities connected in any way with the promotion or administration of the Event, hereby, jointly and severally, indemnifies and agrees to defend and hold harmless USA Triathlon, its officers, directors. employees, and agents for and against any and all claims, liabilities, demands, obligations, debts, costs of litigation, attorney's fees, or other expenses related to or arising out of the organization or conduct of an Event that does not meet the minimum sanctioning requirements outlined in the Event Sanctioning Requirements and agreed to under Paragraph 1, "Race Administration of this Agreement." 12. Grant of Sanction. Provided that the Race Director and the Event comply with all the terms and conditions of this Agreement, USAT shall sanction the Event. USAT may terminate the Event's sanction at any time if a Race Director or the Event fails to comply with any of the terms of this Agreement or for any of the reasons listed on page two of the sanction application. 13. Insurance. USAT may process Race Director's application for insurance by delivering Race Director's application materials to USAT's insurance agency. It is expressly understood that USAT is not acting as an insurer or insurance agent. USAT makes no representations or warranties with respect to the insurance coverage, and Race Director shall read and be bound by the written terms of the insurance policy and certificates of insurance. 14. Modifications. This Agreement represents the entire agreement between both parties with respect to the sanctioning of the Event. No modification or amendment of this Agreement or waiver of any provision of this Agreement shall be valid unless it is set forth in writing and signed by the party to be charged. 15. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of Colorado. WHEREFORE, intending to be legally bound by the terms hereof, the undersigned have executed this Agreement on the date set forth next to their respective signatures. INDIVIDUAL RACE DIRECTORS: Printed or typed name Signature Date Printed or typed name Signature Date BUSINESS ENTITIES: (if party other than race director owns event) Name of person or company: By: ate Position: Name of person or company: By: Date Position: This race is not considered approved and/or sanctioned until this agreement has been signed by a representative of USA Triathlon. It will be sent back to you, signed by USAT, as a binding contract for a sanctioned event. USA Triathlon Signature Date 10 ,r Officials Information Recommended Event Staffing Event Size Head Official Assistants 100 or less 1 0 101-500 1 1 501-800 1 2 801+ 1 3 Race directors are responsible for the official's expenses as follows: a) $50 per official for sprint and international distances $100 for long and ultra distances. b) 28 cents per mile/per official, round-trip and/or airfare costs if flown to the event b) Lodging Notes: • Payment is due on site! Do not include payment for officials with your sanction fee! • Regional and National championships and all World Championship qualifying events are required to have USAT officials. (minimum of two) • USAT officials are optional at other sanctioned events • Applications must be received at least 45 clays prior to race date in order to guarantee the presence of a USAT official. This allows the scheduling of an official near the race site in order to reduce your costs. We have a limited number of top-level officials and they are assigned early in the season. • National championships will have a modified staffing arrangement. NOTE: RACE DIRECTORS ARE RESPONSIBLE FOR PROVIDING MOTORCYCLES FOR THE OFFICIALS ON RACE DAY. The officials assignment process: a) The race director returns this signed officials page with the complete sanction application, b) Upon receipt of the completed application, USA Triathlon will send the information to the appropriate regTional coordinator. c) The race director will be contacted by the head official assigned to the event. *Should you not hear from an official at least three weeks prior to your event, please contact the national office. Do not wait until the Thursday before your race - at that late date there is nothing we can do! I have read the above information and: I request an USA Triathlon Official I will self-officiate: however. I realize I still have an obligation to uphold and comply with USA Triathlon competitive rules. Please refer to the 2001 USA Triathlon competitive rule book found at www.usatriathlon.org Race start time: 7.,'30kpx 'Transition area open and close times .5 ,So A M - -3-.,C)o &m 11 j Cash Grant Application One-time cash grants are available for first time events and newly sanctioned events. Cash grants will be determined on a per capita basis ($1.00 per entrant). Grants will range from $150 to $500 for first time events and from $150 to $300 for newly sanctioned events. If your event is approved for a cash grant, your cash grant ?a ill be sent along with your sanction fee refund after your event. Please refer to the Sanction Refund Policy on page 3 of this sanction packet. No cash grant will be given if you fail to meet sanction fee refund criteria. **Youth events and camp/clinics are not eligible to received cash grants. First Time Event ($150-500) Criteria For Grant Approval: • First time the event has ever been produced • Register a minimum of 150 participants for the 2001 event • Commit to a two-year sanctioning affiliation with USA Triathlon Newly Sanctioned Event (St50-300) Criteria For Grant Approval: • Did not sanction existing event with USA Triathlon prior to 2001 • Register a minimum of 150 participants for 2001 event • Commit to a two-year sanctioning affiliation with USA Triathlon Cash Grant Application Form Circle One Fast Time Event Newly Sanctioned Event Event Name: Date: Race Director: As the acting agent. or the above named event, 1 meet the cash grant criteria and l agree to jurnish US.1 Tria671017 the required information. I also agree ro sanction with USA Triathlon in 2002. Signature Date 12 Product Selection Form Race Director, At this time USAT is not able to provide a complete listing of all products and prize sponsorships available to USAT sanctioned races for the 2001 season. I apologize for the delay, but felt I could not wait any longer to supply the sanction application to all interested race directors simply due to sponsorship deals. Consequently, a supplemental packet will be mailed out to you as soon as all sponsorship programs are finalized. The policy of "first come, first serve," from past years will remain in place for this season as everyone will receive the product sponsorship packet at the same time. If you have any questions concerning sponsorship opportunities, please do not hesitate to contact Ally Cox at 719-597-9092 ally@usatriathlon.org 13 .f Address Label Information 16. --Please contact Ally Cox at 719-597-9092 or ally(a,usatriathlon.org for a request form -- USA Triathlon offers race directors address labels of USA Triathlon members. Sending race applications to USAT members through the address label program can increase participation in an event. Quantity Price Processing Fee 1,000 or less .05 per label $25.00 1,001 - 5,000 .05 per label $50.00 5,001 and up .05 per label $100.00 ? The cost of labels is equal to the number of labels x .05 + the processing fee. ***For example; 2000 labels = 2000 X.05 = $100 + $50 = $150. ? Labels can be sorted by zip code, state, or region. Other combinations are available. ? One week return on label orders from receipt of signed agreement and payment. ? Labels can be sent on disk, email or printed on pressure sensitive peel & stick format or cheshire format. (cheshire: 44 per page; need to be cut by special machine) ? Labels are for one time use only. No duplication or copying. ? Fax your completed request form to USA Triathlon Member Services at 970-221-4196. ? Please keep in mind a signed agreement and payment must be received before the labels are mailed out. Do not include payment for labels with your sanction fee! Sanction Application Checklist... please send in the following 1. rX*PAYML+'NT*** along with pages 3-4 2. Event Sanction Application... pages 5-6 3. Event Description & Additional Maps... pages 7-8 4. Event Agreement... pages 9-10 5. Officials Information... page 11 6. Cash Grant Application (If Applicable)... page 12 7. If you have an active website for your event, please create a link to the USAT Nvebsite. www.usatriathlon.org ?Please be sure to make a copy of the completed sanction application for your records. ?To ensure meeting all requirements, we strongly urge that your sanction application is received at the national office at least 45 days prior to your event. ?You will receive a letter confirming we have received your sanction application. Send all materials to: USA Triathlon--Event Sanctioning 3595 E. Fountain Blvd., Ste. F-1 Colorado Springs, CO 80910 14 Y Pool Area 3 ° -d o •? 3 o a'° cl o 4-- O O U O J U) L 4-j O U Q Pool entry point b cd O b a? O U b -d O Bike Route O O O Sr..,.. _? ` . N /ll/tom/1tl)1%//l/hT`fl??/// 01 ?111i1t1\1111 I i / ?r / ?!PU•u / l ;??` xz' 111?ll?ll<< 1 // 1 . 4l l., ,?({,\ III 1 ' 1 / , n 'I1t 11 1111 // 1 I I 1!;/1?r7? / r/ l Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From:Norm Wood, Town Engineer Anne Martens, Engineer I Date: April 2, 2001 Re: East Avon Street Improvements - Design Services and Plan Revisions Summary: Inter-Mountain Engineering, Ltd has submitted the attached Proposal for additional design services for plan revisions to the East Avon Street Improvements Project. These services will include revising the construction drawings to correlate with the current phasing of the construction. This will include modifying the drawings to switch Phase I of construction from East Beaver Creek Boulevard to the South portion of the East Avon Access and Circulation Project, including Benchmark Road and Beaver. Creek Place. Additional plan revisions also include minor adjustments throughout the design documents as a result from plan verification and discussions with the property owners. Inter-Mountain Engineering, Ltd. has submitted a proposal for these additional services for the amount of $39,105.00. This amount is within the 2001 Revised Project Budget and approval of the proposal is recommended. Recommendations: Approve Inter-Mountain Engineering, Ltd. Proposal for additional engineering design services for the East Avon Street Improvements Project for the amount of $39,105.00. I:\Engineering\CIP\EastAvon\2.0 Contract Services\2.2 Design (Eng)\2.2.3 Sevice Contract\InterMtn Award Menno.doc 0 A Inter-Mountain Engineering Ltd. March 20, 2001 Mr. Norman Wood, Town Engineer Town of Avon P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 Hand Deliver Re: East Avon Street Improvements Design Services and Plan Revisions Dear Norman, Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for revisions to the East Avon Street Improvements project. Team Description and Profile IME .is a multi-disciplined civil engineering firm. We have the in-house capability to provide the roadway, drainage, utility. coordination and construction administration services required for this project. 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 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. ' 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 5 East Avon Street Improvements Revisions Design Services March 20, 2001 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. Statement of Work The scope of services is as follows: Design Revisions IME will conduct a thorough review of the Phase II plans and documents and make those changes that are necessary to ensure buildability and functionality. We will also review parking lot and entrance modifications and attempt to minimize the associated parking losses. IME staff will revise the parking layout in Lot 65A, the entrances to Lot 70, and the entrances and parking layout from Chapel Place to the WalMart parking lot as directed by Norman Wood on March 12, 2001. We will review and make revisions to the plans to incorporate modifications to parking facilities for Lot 65B that are necessary to close the entrance to Beaver Creek Place as indicated on the plans. IME staff will review and revise the storm drain and drainage pan layouts to improve runoff flow characteristics in the proposed drainage systems based. on the suggestions offered by Norman Wood on March 12, 2001. IME will revise the layout of Chapel Place between stations 1+50 and 3+00 to remove the pinch point. IME will communicate landscape, irrigation and electrical plan revisions necessitated by the design revisions to Terrasan and AEC. These revisions will include increasing all conduits to 2° minimum, modifying the street light foundation detail and adding the location of power sources to the electrical plans. IME will forward copies of any proposed changes to Town staff for review and comment prior to proceeding with revision of the construction drawings and documents. 03/20/01 3:13 PM Page 3 of 5 East Avon Street Improvements Revisions Design Services March 20, 2001 Phasing Revisions IME staff will complete the re-design and revisions to plans and construction documents required to reverse the order of construction (completing improvements on Beaver Creek Place, East Benchmark Road and Chapel Place in advance of improvements to East Beaver Creek Boulevard). Plan and Document Revisions IME staff will revise the construction drawings and documents, including the engineer's estimate, to reflect approved design changes and will add bus pull-out details. We will coordinate the proposed project with affected utility providers. IME and Terrasan will meet with Town staff twice during this stage of the work to discuss the final design and construction document modifications. IME will produce and distribute minutes from these meetings to project team members, including Town staff. Within the basic scope of services, IME will attend up to. two meetings with the business community to present and-discuss the plans. IME will produce and distribute minutes from meetings we: attend to project team members, including Town staff. Additional right-of-way and easement requirements and modifications to existing legal descriptions necessitated by design and plan changes will be .identified at this time. IME will prepare the required legal descriptions and modifications; however, the number, and thus the cost, is not fixed at this time. The fees for this additional service will be negotiated with the Town prior to completion of the plans. Construction Administration IME staff will assist the Town with a pre-bid meeting, clarification of the plans and specifications during the bidding process, and review of bids submitted within the basic scope of services. IME staff could also assist the Town with the pre- construction meeting, material and equipment submittal review and approval, periodic field visits, construction quality control and construction contract administration, if desired, for additional fees (to be negotiated when the project is ready for construction). These extra fees may also include a final survey of the project site and as-built drawings, if desired. 03/20/01 3:13 PM Page 4 of 5 East Avon Street Improvements Revisions Design Services March 20, 2001 Fee The estimated fee for the proposed basic services is $39,105.00. We will not exceed this fee without prior approval. Our fees are detailed as follows: 1. Design Revisions 2. Phasing Revisions 3. Revise Plans and Construction Docs 4. Construction Administration 5. Reimbursable Expenses 6. Sub-Consultant Charges $10,320.00 $ 6,550.00 $18,000.00 $ 4,510.00 $ 1,245.00 $ 8,800.00 TOTAL $39,105.00 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. Our fee schedule and a cost proposal for basic services are enclosed. We look forward to working with the Town of Avon on the project. 03/20/01 3:28 PM Page 5of5 East Avon Street Improvements Revisions Design Services March 20, 2001 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 Date Enclosures 03/20/01 3:13 PM bA0 O ?„ 0 ° e A M 0 0 o eo O N 0 o d e? M N g a ? N 0 o o ?, N r N 0 ° ? W 0 0 N M ° 0 e o m M o 0 e m pJ N 0 ° e ? N °0 N M N $ 0 m ? N $ 0 m ti N M 00 0 O M $ 0 n n m N o ° e ? N °o d n O N N °o d m ? r N o m ? N o m h 10 N d m P N M o n n M °o, 0 m QI N Z m H Cc, o q N a O ? ? o m a o' p o m p F ? N O ? O p Z S ? ?W- g = O N 2 Wc n « m o 0 o ? m 0 R ? ? m a .°- ? g M ? N m 0 i o 6 r O f 10 m f b f O ? ? O O m m ? N m m m ? O p m = j u 6 Z g a W ¦ ? 'S g 3 ? yg? € ? o .q?tie1 9. _ g ? ? A •? O 8 is a I ? p L ya) e v ` a $ ? c rx s ' y ? n J o ? 51 0:1 d a $ m Z W C 6 W? C q Z O S F 0 W S Wb W W S L 9 ~ o W N po A M e ? N 2 f e h ? r? N M o ?O?pp N e ? M C p p W C O ? V V V 'LC W n ? O v a = F ? b p aQ C ? E « .-?. 7 o ?, 6 r F Q C p 00 m F 7 y p V '? mm F ?. O s ? z 19 z W. O MJ ` ? ? ? W F g O ? O N $ N o ? N o ? g y N ? ? Ts ppe O N p O p Q W L ` a 0 F m 7 d o W ` $ g ? p p LL O m H q z 0 pCC M C E s J m . ~ ? ? C v E ? t tC¢ 7W p ? O ? g W F J O W I V p W W LL W Q 0 KI ter-Mountain ngin eering Ltd. PROFESSIONAL FEE SCHEDULE January 1, 2001 PROFESSIONAL FEES: Principal Engineer $120.00/hr Senior Engineer 00.001hr Project Manager 85.00/hr Project Engineer 75.00/hr Design Engineer 65.001hr Field Engineer 60.00/hr Surveyor 85.00/hr . .Survey Crew without GPS 110.00/hr . 2 Man Survey Crew with GPS 137.50/hr 1 Man Survey Crew with GPS 110.00/hr CADD Technician 70.00/hr Technician 50.001hr Technical Typist . 35.00/hr Computer Processing 65.00/hr Photocopies - 15/each Blueprinting 3.00/Sheet Outside Services Actual Cost +15% LABORATORY TESTING: Atterberg limits (one point method) (ASTM D-4318) $ 50.00 Atterberg Limits (three point method) (ASTM D-4318) 125.00 Grain Size Analysis: A. 1 V2 sieve to No. 200 sieve $ 75.00 B. Percent passing No. 200 sieve (ASTM-1140) 25.00. C. Hydrometer analysis 75.00 Swell-Consolidation Test A. Loaded to 5,000 psf (4 loads) $75.00 B. Per load in addition to 5,000 psf 15.00 8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 Phone: 303/948-6220 • Fax: 303/94876526 77 Metcalf Road, #200 • Box 978 -P Avon, Colorado 81620 9 Phone: 970/949-5072 9 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: Norm Wood, Town Engineer Anne Martens, Engineer I Date: April 12, 2001 Re: Nottingham Road Bike Path B & B Excavating, Inc. - Construction Contract Summary: Seven Bids were received in response to our Advertisement for Bids for the Nottingham Road Bike Path Project. The seven bids received ranged from $650,056.00 to $960,000.06, with an engineer's estimate of $878,042.48. These Bids are summarized on the attached Bid Summary Sheet. B & B Excavating, Inc., submitted the Low Bid of $650,056.00. The bid worksheet for the Re-vegetation / Landscape bid item from the B&B Excavating, Inc. Bid is attached as supplemental information to the Bid Summary. We have reviewed the Bid submitted by B & B Excavating, Inc. and find it to be reasonably consistent with the Engineer's Estimate and the other Bids received. We do not see any unreasonable discrepancies in the various unit prices to indicate potential problems or an unbalanced bid. Revised Project Budget is being proposed to include contract administration, testing and additional design work that was necessary to fulfill CDOT's requirements prior to approval. Minor additions to the contract are anticipated due to additions to the plans at the request of CDOT. The request from CDOT to alter the plans occurred after the bid opening. These minor additions can be dealt with in the proposed revised Project Budget. The proposed revised Project Budget is as follows: Construction Contract $650,056 Design $ 30,000 Contract Administration / Testing $ 32,000 Administration $ 2,500 Contingency (10%) $ 71,444 $786,000 L\Engineering\CIMottingham Road Bike Path\4.0 Construction Doc\4.3 Construction Bids\Memo Bid Award.Doc Subsequently, we recommend approval of the Bid submitted by B & B Excavating, Inc., in the amount of $ 650,056.00 for construction of the Nottingham Road Bike Path Project, contingent upon receipt of Authorization to Proceed from CDOT and approval of the proposed Capital Improvements Project Budget Amendment by separate action. Financial Implication: The current Project Budget is $610,000.00 and the revised project budget being proposed by separate action is $786,000. The revised project budge will include B & B Excavating, Inc. Construction Contract for the amount of $650,056.00. Recommendations: Approve Bid submitted by B & B Excavation, Inc., in the amount of $ 650,056.00 for construction of the Nottingham Road Bike Path Project contingent upon receipt of Authorization to Proceed from the CDOT and approval of the proposed Capital Improvements Project Budget Amendment by separate action. Town Manager Comments: IAEngineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.3 Construction Bids\Memo Bid Award.Doc 2 m0Or V 00r V On 000(D NM r o r(D m om r 0(Dr M O Or m . CO r tf) r- m m M m O M O M O M m r r+ y M r V N O LO v m (O co O CO O m M N N I- N (D 00 M V m (D O m m CO O It uU U M aD m M V' O O r-: Lo m V N V t-: m W E r r r U) w 69 69 V3 64 69 69 69 69 69 6A 69 69 69 V3 69 V) 69 w C m O N M V M N m CO W N W N N M m r 0 ?' h M r m O r I, M O m M W CO n C 00r r rm -T m 0MO ONONto V •C N h N M N I- V LO N to to O V U N 00 Cl) y 64 69 64 69 64 613, 64 69 69 69 69 61) 69 69 69 69 64 co r s t M 0 I- O O r O CO Ih O N o M O w M O (- OO tO? 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N . ` ., ::v as /7AO.'' 36 a -a Z, ysoer. ea /8Br Spruce 6 ea 7ZD-- Sc uee ?n-` ?S ea SL6.: „ce 8' "9 ea 393-- Sp PHASE ONE TO T AL Note: Enter total on Sine 5.4 oaf the ltemixed Bid Schedule, BP 4. TCTAt:::. GRJ.'TL 3 Zp= L D 00 Av, 7 °D" 3G oo 35?Z'= y 98 = 576 0 Iv ?Sy ?n 1?f35o6 r aF-s Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer`/ Anne Martens, Engineer I 1`, Date: April 11, 2001 Re: Nottingham Road Bike Path CDOT - IGA and License Agreements Summary: The attached Intergovernmental Agreement and License Agreements from CDOT are required for approval to construct the Nottingham Road Bike Path Project within the CDOT Right-of-Way. The IGA includes the standard list of conditions and is required to permit construction within the CDOT Right-of-Way. The license agreements are for permission from CDOT to cross over the Right of Way Boundary to connect with Nottingham Road. Staff recommends approval of the attached Intergovernmental Agreement and License Agreements with CDOT in their general form with final approval to be by staff and the Town Attorney prior to execution. Recommendations: Approve the attached Intergovernmental Agreement and License Agreements with CDOT in their general form with final approval to be by staff and the Town Attorney prior to execution. Town Manager Comments: IA\EngineeringUMNottingham Road Bike Path\4.0 Construction Doc\4.1 General Correspondence\CDOT License And IGA MemO.Doc STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6th Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 3 April, 2001 Town of Avon 400 Benchmark Road Avon, CO 81620 Re: Nottingham Road Bike Path Project Town of Avon Dear Town of Avon: 6S - OT The Colorado Department of Transportation has reviewed and accepted the plans (dated XXXX) for the Nottingham Road Bike Path. Our review of these plans is cursory and in no way relieves the professional engineer of his/her professional obligations and responsibilities under Colorado State Law and the Bylaws and Rules of The State Board of Registration for Professional Engineers and Professional Land Surveyors. The Town of Avon is named as the Permittee and will be held responsible for all aspects of the design, construction, materials, etc. associated with the Permittee's requested improvements. The following conditions apply to all work performed within CDOT right of way limits: ADMINISTRATION Prior to construction or any activity within the highway right-of-way, the following items are required: 1. Accepted Construction Plans Stamped by a Colorado Registered Professional Engineer and Accepted by the Department. Design plans must include but not be limited to layout of the improvements, highway improvements, utility locations, present and proposed drainage and erosion control, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis. The plans shall be sealed in accordance with CRS 12-25-117. One set of full size plans shall be submitted. A second set of plans must be submitted on 11" x 17" sheets with an appropriate scale. 2. Certificate of Insurance Liability: The Permittee or it's contractor shall procure and maintain general public and auto liability and property damage insurance covering the operations under this permit, in the amounts specified in CRS 24-10-114. Policies shall name the State of Colorado as additional insured party. Like coverage shall be furnished by or on behalf of any subcontractors. Certificates of Insurance showing compliance with these provisions shall be provided to CDOT, and attached to and made a part of this permit; copies must be available on site during work. 3. Traffic Control Plan: The Permittee or it's contractor shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site. The traffic control plan and the application of traffic control devices shall conform with the Manual on Uniform Traffic Control Devices (MUTCD) and the department's Standard Plans. The traffic control plan is subject to CDOT acceptance prior to commencing work on highway ROW. A copy of the approved traffic plan must be available on site during work. 4. The Permittee shall notify MAINTENANCE FOREMAN / M-2 at least 48 hours prior to beginning work. hi the event that any changes to the highway, the right-of-way, and/or any highway facilities become necessary that would necessitate removal, adjustment, or relocation of this installation, the Permittee will do so promptly, at no cost to CDOT except as provided by law, upon written notice from CDOT. The facility shall be removed unless the Permittee and CDOT determine adjustment or relocation is feasible. Subject to the limitations of the Colorado Governmental Immunity Act, permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the permitee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or it's employee's. ADDITIONAL CLEARANCES The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the project. License Agreements between the permittee and CDOT authorizing crossing of the Access Control Line shall be executed prior to construction of the bike path. The permittee shall address all wetland, archeological, endangered species and/or erosion control issues prior to construction. Water, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. DESIGN All work within CDOT ROW shall be done according to the latest revision of CDOT's Standard "Specifications for Road and Bridge Construction" and with the Department's Standard Plans: M & S Standards unless otherwise approved by the Department in writing. All design, construction, materials, and equipment within the State Highway shall be in accordance with the following Department standard references, as applicable: a. Roadway Design Manual b. Materials Manual c. Construction Manual d. Standard Specifications for Road and Bridge Construction, latest edition e. Colorado Standard Plans (M & S Standards) f. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto g. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition h. Institute of Transportation Engineer's Trip Generation Manual, latest edition i. State Highway Access Code 2 CCR 601-1 j. Roadside Design Guide CONSTRUCTION / UTILITIES All construction work must be under the direction of a Colorado Registered Professional Engineer and, upon completion of the work, 11" x 17" "as-built" plans shall be submitted, showing in detail all approved construction changes, modifications, and revisions. The "as-built" plans must be sealed in accordance with CRS 12-25-117. Survey markers or monuments found in state highway right-of-way must be preserved in their original positions. Notify the Department at (970) 248-7230 immediately upon discovery of or damage to any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way prior to work. Any work necessary to protect existing permitted utilities will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. TRAFFIC CONTROL No equipment shall be left in the interstate right of way overnight or unattended, except for the erosion control fencing and temporary barrier fencing. No ingress or egress from or to the parcel will be allowed from the main lanes or shoulder areas of Interstate 70 whatsoever. All traffic control shall comply with the Manual on Uniform Traffic Control Devices (MUTCD). Traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor in accordance with the Department standards shall certify them. Two-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and Colorado Supplements or as otherwise approved. No work will be allowed at night, Saturdays, Sundays or legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions or special events. MAINTENANCE The Permittee agrees to assume all maintenance responsibilities for the improvements and any impacts these improvements may have on CDOT property. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to CDOT satisfaction including stockpiling of existing topsoil to be replaced at the completion of the project, finish grading to restore proper drainage, erosion control, strength and stability. Restoration shall meet the Department's standard specifications for topsoil, fertilization, organic tackifier, mulching, and re-seeding. All materials shall be certified as weed free. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, asphalt, signing, etc., shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact CDOT Dispatcher at (970) 945-3840. No cleated, tracked or equipment with outriggers may work or move over paved surfaces without pads. COMPLETION A fully executed complete copy of this agreement must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. Upon completion of the work, the applicant shall notify the Region 3 Traffic Safety Section by mail within 10 days at: Colorado Department of Transportation Region 3 Traffic Safety 222 South 6`h Street, Room 100 Grand Junction, Colorado 81501 To signify agreement to the terms and conditions above, please have the Permittee or its representative sign and return this letter to me along with necessary attachments required by above conditions. If you have any questions please contact me at the above phone number or address. Permittee: Date Signature Authorized Department Representative: Print Name Date Charles E. Meyer Region 3 Traffic Safety Engineer Print Name Proj. No. 00-0037(2) (Avon's Project #) Location: On the north side of 1-70A right of way, west of the Avon Interchange at approximate milepost 165.72, also described as STA 729+69.36 on plans from Project 170-2(9) Parcel: 38 LICENSE THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO (`Grantor'), whose legal address is 4201 E. Arkansas Avenue, City and County of Denver, State of Colorado, hereby grants to the Town of Avon ('Grantees whose legal address is P.O. Box 975, Avon, Colorado 81620, to wit: PERMISSION TO CROSS OVER the access control line of the Colorado Department of Transportation, from and to the real property of the Grantee in the South 1/2 of Sections 1 and 2, Township 5 South, Range 82 West of the Sixth Principal Meridian, in the County of Eagle, Colorado, described more definitely as Nottingham Road (`the propertyl, FOR THE PURPOSE OF constructing and maintaining a bikeway from the grantee's property to the bike path in the Interstate 70A right-of-way, and allowing access by bicycles and pedestrians from the grantee's property to the bike path. This agreement constitutes a bare license, conferring no enforceable right on licensee and creating no property interest. It is a mere personal privilege, non-transferable and revocable at will, but shall be valid and remain in effect unless terminated for good cause in writing by either party. This license shall not be considered a commitment by Grantor nor in any way authorizes or guarantees any continuing use of the license. This license authorizes the construction of a 12-foot wide bike path connection from the bike path in the Interstate 70A right-of-way to the grantee's property as general use bike paths for the public. The entranceway shall be constructed to the standards of the Grantor. Grantee shall submit construction plans to the Grantor in advance of construction. Subject to the limitations of the Colorado Governmental Immunity Act, Grantee assumes liability for the construction, operation, and use of the entranceway and agrees to defend, indemnify, and hold harmless the grantor and any employees, agents contractors, or other representatives of the grantor against any and all damages, claims, liability, loss, or expenses, including attorney's fees and litigation costs, arising from or in any way related to the construction, operation, or use of the entranceways or the issuance or use of this license. Grantee shall maintain the entranceway in good repair at all times and, upon the expiration or cancellation of the license, the Grantee shall remove the entranceways and restore the property to its original condition, should the Grantor so require. This license expires when, and if; the Grantee ceases as an organization or fails to perform the above maintenance responsibilities. This license is not a State Highway Access Permit. Signed this day of 2001. ATTEST: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION CHIEF CLERK TOWN OF AVON Name / Position Signature JOHN M. UNBEWUST Chief Engineer State of Colorado ) ss. County of ) The foregoing instrument was acknowledged before me this day of . 2000, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Proj. No. 00-0037(2) (Avon's Project #) Location: On the north side of 1-70A right of way, west of the Avon Interchange at approximate milepost 165.73, also described as STA 730+21.41 on plans from Project 170-2(9) Parcel: 38 LICENSE THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO (Grantor'), whose legal address is 4201 E. Arkansas Avenue, City and County of Denver, State of Colorado, hereby grants to the Town of Avon ('Grantee's whose legal address is P.O. Box 975, Avon, Colorado 81620, to wit: PERMISSION TO CROSS OVER the access control line of the Colorado Department of Transportation, from and to the real property of the Grantee in the South 1/2 of Sections 1 and 2, Township 5 South, Range 82 West of the Sixth Principal Meridian, in the County of Eagle, Colorado, described more definitely as Nottingham Road (`the property', FOR THE PURPOSE OF constructing and maintaining a bikeway from the grantee's property to the bike path in the Interstate 70A right-of-way, and allowing access by bicycles and pedestrians from the grantee's property to the bike path. This agreement constitutes a bare license, conferring no enforceable right on licensee and creating no property interest. tt is a mere personal privilege, non-transferable and revocable at will, but shall be valid and remain in effect unless terminated for good cause in writing by either party. This license shall not be considered a commitment by Grantor nor in any way authorizes or guarantees any continuing use of the license. This license authorizes the construction of a 12-foot wide bike path connection from the bike path in the Interstate 70A right-of-way to the grantee's property as general use bike paths for the public. The entranceway shall be constructed to the standards of the Grantor. Grantee shall submit construction plans to the Grantor in advance of construction. Grantee assumes liability for the construction, operation, and use of the entranceway and agrees to defend, indemnify, and hold harmless the grantor and any employees, agents contractors, or other representatives of the grantor against any and all damages, claims, liability, loss, or expenses, including attorney's fees and litigation costs, arising from or in any way related to the construction, operation, or use of the entranceways or the issuance or use of this license. Grantee shall maintain the entranceway in good repair at all times and, upon the expiration or cancellation of the license, the Grantee shall remove the entranceways and restore the property to its original condition, should the Grantor so require. This license expires when, and it the Grantee ceases as an organization or fails to perform the above maintenance responsibilities. This license is not a State Highway Access Permit. Signed this day of 2001. ATTEST: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION CHIEF CLERK JOHN M. UNBEWUST Chief Engineer TOWN OF AVON Name / Position Signature State of Colorado ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2000, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Proj. No. 00-0037(2) (Avon's Project #) Location: On the north side of 1-70A right of way, west of the Avon Interchange at approximate milepost 165.98, also described as STA 743+14.32 on plans from Project 170-2(9) Parcel: 38 LICENSE THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO (`Grantor'), whose legal address is 4201 E. Arkansas Avenue, City and County of Denver, State of Colorado, hereby grants to the Town of Avon (`Grantee's whose legal address is P.O. Box 975, Avon, Colorado 81620, to wit: PERMISSION TO CROSS OVER the access control line of the Colorado Department of Transportation, from and to the real property of the Grantee in the South 1/2 of Sections 1 and 2, Township 5 South, Range 82 West of the Sixth Principal Meridian, in the County of Eagle, Colorado, described more definitely as Nottingham Road ('the property, FOR THE PURPOSE OF constructing and maintaining a bikeway from the grantee's property to the bike path in the Interstate 70A right-of-way, and allowing access by bicycles and pedestrians from the grantee's property to the bike path. This agreement constitutes a bare license, conferring no enforceable right on licensee and creating no property interest, it is a mere personal privilege, non-transferable and revocable at will, but shall be valid and remain in effect unless terminated for good cause in writing by either party. This license shall not be considered a commitment by Grantor nor in any way authorizes or guarantees any continuing use of the license. This license authorizes the construction of a 12-foot wide bike path connection from the bike path in the Interstate 70A right-of-way to the grantee's property as general use bike paths for the public. The entranceway shall be constructed to the standards of the Grantor. Grantee shall submit construction plans to the Grantor in advance of construction. Grantee assumes liability for the construction, operation, and use of the entranceway and agrees to defend, indemnify, and hold harmless the grantor and any employees, agents contractors, or other representatives of the grantor against any and all damages, claims, liability, loss, or expenses, including attorney's fees and litigation costs, arising from or in any way related to the construction, operation, or use of the entranceways or the issuance or use of this license. Grantee shall maintain the entranceway in good repair at all times and, upon the expiration or cancellation of the license, the Grantee shall remove the entranceways and restore the property to its original condition, should the Grantor so require. This license expires when, and if, the Grantee ceases as an organization or fails to perform the above maintenance responsibilities. This license is not a State Highway Access Permit. Signed this day of 2001. ATTEST: CHIEF CLERK TOWN OF AVON Name / Position Signature State of Colorado ) ss. County of ) STATE OF COLORADO DEPARTMENT OF TRANSPORTATION JOHN M. UNBEWUST Chief Engineer The foregoing instrument was acknowledged before me this day of , 2000, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public