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TC Council Packet 05-22-2001
Town Council Meetings Roll Call Check Sheet Date: 5/22/01 Michael Brown / Debbie Buckley V/ Peter Buckley Rick Cuny / Mac McDevitt / f Buz Reynolds Judy Yoder Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: P. Buckley, Reynolds, Cuny, Yoder, McDevitt, D. Buckley, Brown Staff Present: Bill Efting Larry Brooks Burt Levin Kris Nash Jacquie Halburnt Scott Wright Jeff Layman Charlie Moore Norm Wood Meryl Jacobs Bob Reed 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 MAY 22, 2001, AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:00 PM - 4:15 PM 1.) Use Tax Update 4:15 PM - 4:30 PM 2.) Contribution Policy Discussion 4:30 PM - 4:45 PM 3.) Bear Ordinance Discussion 4:45 PM - 5:00 PM 4.) Chapel Square Discussion 5:00 PM - 5:15 PM 5.) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC OF AVON, COLORADO BY: a Nash Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 18,2001: 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 MEMORANDUM TO: Hon. Mayor and Council FROM: Burt Levin CC: Bill Efting, Larry Brooks, Scott Wright RE: Process for Enacting a Use Tax DATE: May 16, 2001 Council has directed staff to prepare a version of a use tax ordinance, and to do the work necessary to place before the Avon voters at the November 6, 2001 election the question of whether taxes shall be raised by the imposition of a new use tax. Any ordinance increasing taxes must be approved by the voters at large in a TABOR election. Basically the process is as follows. Once Council decides the particulars of the use tax (such a what materials will be taxed, at what rate, and how use of the tax revenue may be limited), staff will draft and Council will enact a use tax ordinance . The tax will not go into effect unless the voters approve it at the TABOR election of November 6, 2001. In addition to passing a new use tax ordinance, the Council must also formulate ballot language for the TABOR election. Such ballot language asks the voters whether they approve of a tax increase for a use tax or not. The November 2001 election will be coordinated by Sara Fisher, the Eagle County Clerk. The Town of Avon will enter into an intergovernmental agreement with the county to run the election, and will provide the county clerk with the ballot language. The November 2001 election will be conducted solely through the mail, and only local, county and state ballot questions will appear on the ballot. No persons are up for election in the November 2001 election. The pertinent TABOR deadlines can be seen in the attachment titled TOWN OF AVON USE TAX ELECTION COORDINATED MAIL BALLOT ELECTION TIMETABLE. (Note, the date for enactment of the use tax ordinance, which is listed in the timetable as July 24th for illustration, can be as late as up to September 12th ) The next step is for Council to decide in fact whether it wishes to enact a use tax ordinance. Sherman & Howard L.L.C. TOWN OF AVON USE TAX ELECTION COORDINATED MAIL BALLOT ELECTION TIMETABLE Ballot Issue Election November 6, 2001 May, 2001 DISCLAIMER: The following timetable is based upon the laws currently in effect and will likely change once the legislature has completed its session this year. (Note: All statutory references are to the Colorado Revised Statutes, as amended; rule references are to the Colorado Secretary of State Rules and Regulations Regarding Election Procedures, 1997) DATE EVENT July 10 Town Council adopts ordinance imposing the use tax (which will not be effective until election) on first reading. July 19 (110 days before the election) Town notifies County Clerk regarding preference of form of coordinated election. Rule 5.2.2 July 24 Town Council adopts ordinance imposing the use tax (which will not be effective until election) on second reading. July 30 (100 days before the election) Town contacts County Clerk regarding the Town's (Since 100 days is July 29, use July 30 participation in coordinated election, if the Town has § 1-1-106(4)) taken any formal action with respect to the election. § 1-7-116(5). September 7 (no later than 60 days Intergovernmental agreement signed with County Clerk prior to the election) regarding election duties. § 1-7-116(2). Last day to file registration challenge with County Clerk (hearing to be held no later than 30 days after filing). § 1-9-101(1)(a). September 12 (no later than 55 days Designated election official certifies the order of the before the election) ballot and the ballot content to the County Clerk. § 1-5- 203(3). The list of ballot issues shall be in the following order: constitutional issues, statewide issues, county issues, municipal issues, school district issues, ballot issues for political subdivisions in more than one county, and ballot issues for political subdivisions in one county. Measures are ordered as follows: measures to increase taxes, measures to increase debt, citizen petitions, referred measures to increase taxes, and referred measures to increase debt. § 1-5-407(5). Rule 5.4.3.2. Coordinated election official (the Town Clerk) notifies the Secretary of State of the intention to hold mail ballot election. Notification must include a proposed plan for conducting election, which may be based on the standard plan adopted by the Secretary of State. § 1-7.5-105(1) (See Rule 10.3.2 for required contents of plan). September 21 (the Friday before the Last day to file pro and con statements on ballot issues 45th day before the election) with designated election official. Colorado Constitution Article X, § 20(3)(b)(v). TABOR notice should be finalized. § 1-7-901(4). September 24 (no later than 43 days If ballot issue is on the ballot as the result of a citizen's before the election)(no later than 3:00 petition, petition representatives are required to submit PM) to election official summary of favorable comments. § 1-7-903(3). Rule 5.4.4.5. September 25 (no later than 42 days The designated election official shall prepare and before the election) deliver to the County Clerk the full text of any required ballot issue notices . §1-7-904. (Pursuant to the intergovernmental agreement, the County Clerk may have additional requirements or require notice earlier). September 27 (last date for approval of Secretary of State shall approve the written mail ballot written mail ballot plan by the Secretary plan within 15 days after receiving it and shall provide of State) a written notice of approval. §1-7.5-105(2). September 27 (no later than 40" day Designated election official sends notice of election to preceding the election) County Clerk and orders the registration records. Rule 10.3.1.3. § 1-5-303(l). For elections where owning property is a requirement for voting in the election, the designated election official shall give notice of the election to the County Assessor (Rule 10.3.1.5) and shall order the list of property owners from the County Assessor. § 1-5- 304(1). October 5 (no later than 30 days before Mailing of TABOR Notice. Colorado Constitution election) (Since 30 days is October 7, Article X, § 20(3)(b). use October 5 § 1-1-106(5)) October 9 (no later than 29 days before Last day to register to vote. § 1-2-201(3). the election) (Since October 8 is a holiday, use October 9 § 1-1-106(4)) October 12-22 (No sooner than 25 days Designated election official mails a mail ballot package before the election and no later than 15 to each active registered elector. § 1-7.5-107(3)(a). days before the election. With prior approval from the Secretary of State, no later than 10 days before the election) October 12 (no later than 25 days Last day to cancel election. § 1-5-208(2). before election) October 12 - November 7 (no sooner "Walk-in" voting available during regular business than 25 days prior until 7:00 p.m. on hours at office of election official for eligible electors Election Day). not appearing on lists discussed above. "In-person" voting site available forballot delivery and replacement ballots. § 1-7.5-107(3)(c). Rule 10.10.2. October 17 (no later than 20 days Designated election official provides notice by before the election) publication of mail ballot election. § 1-7.5-107(2.5)(a) and mails a copy of such notice to the County Clerk. § 1-5-205(2). See § 1-5-205(1)(a) through (d) for items to be included in notice. County Clerk and County Assessor each submit to designated election official supplemental listof eligible electors or property owners whose names were not included on the preliminary list. § 1-7.5-107(2)(b). Rule 10.4.8. (not more than 20 days prior to County Clerk holds classes for election judges. § 1-6- election) 101(5). October 22 (at least 15 days before the For coordinated elections, the canvassing board is election) appointed in accordance with the intergovernmental agreement. § 1-10-201 October 22 (at least one week before Last day for County Clerks to file contingency plans any ballots are counted electronically) with the Secretary of State for their electronic vote- counting facilities for mail ballot election. Rule 9.6 October 26 (10 days prior to election) Notice of election posted in office of designated (Since 10 days is October 27, use election official (until 2 days after election). §1-5- October 26 § 1-1-106(5)) 205(1.3). October 27 Election officials may begin counting mail ballots. § 1- 7.5-107.5. November 2 (no later than the close of Last day to apply for an absentee ballot. § 1-8-104(3). business on the Friday immediately Rule 10.8.2. preceding the election) November 6 ELECTION DAY. (7:00 a.m. to 7:00 p.m.) § 1-1- 104(17). § 1-7-101(1). November 13 (no later than 7 days Last day for Board of Canvassers to meet, survey after election) returns and issue a certified statement of returns to the designated election official. § 1-10-203. (immediately after survey of returns) Designated election official notifies Town of election results and makes certificate of election available for public inspection for no less than ten days following completion of survey. § 1-11-103(2). November 14 (no later than the 8`b day Last day for the County Clerk to certify the official after the election) abstract and deliver a copy to the Secretary of State. § 1-10-103(1). November 16-23 (within 10 days after Last day to file statement of intent to challenge ballot official survey of returns is filed with issue election in district court. § 1-11-213(4). designated election official) November 20 (no later than 14" day County Clerk and Recorder shall examine official after election) abstract of votes cast and order appropriate recounts. § 1-10.5-103. November 21 (within 15 days after Last day for an interested party to request a recount on election) ballot issues at their own expense. § 1-10.5-106(2). November 22 (within I day after Election official notifies the County Clerk that an request for recount is filed) interested party has requested a recount. § 1-10.5- 106(2). November 27 (no later than the 21st Mandatory recount must be completed. § 1-10.5-104. day after election) Mandatory recount is required if the difference between the highest number of votes cast and the next highest number of votes is less than or equal to one-half of one percent of the highest number of votes cast. § 1-10.5- 101(b). December 6 (no later than the 30th day Requested recount must be completed. § 1-10.5- after election) 106(2). H:\CLIFNnDWIS0R\001024000\2001 UseTax\Nov2001-coord-mail-tirritbl.wpd 5/11/01 4:06 pm Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Director Date: May 16, 2001 Re: Use Tax Recommendations Tax Rate Staff recommends that the use tax rate as applied to building and construction materials be set at a rate of four percent (4%). This is the same rate as our current retail sales tax which currently applies to building and construction materials sold at retail within the Town. Staff feels that setting the use tax at a different rate could be unduly confusing to both retailers and purchasers and would not fully accomplish the Town's objective in protecting it's merchants. Applicability The use tax would be imposed upon all building and construction materials and equipment. Dedication Staffs recommends that the use tax revenues collected be dedicated towards transportation/multi- modal and recreational capital improvement projects. Town Manager Comments: Page 1 MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin RE: Contribution Policy DATE: May 17, 2001 During the last work session Council asked me to bring back a recommendation about the Town's contribution policy. Recall that the Town of Vail has a policy of considering only written requests for funding, and purports to not allow in-person requests for funding. During the discussion of this last time, Kris Nash circulated a copy of a written application form which the Town of Avon has been sending to four organizations on an annual basis: (1) the Avon Chamber; (2) Vail Valley Foundation; (3) VVTCB; and (4) the Food Resource Center. These four organizations fill out the form in writing and their request for funding is considered by the Council at the annual budget retreat. Funding for these organizations is specified in the budget of the town. Other than the above four organizations, others seeking contributions from the town have generally requested time before the Council during a work session, and have made an oral request for funding. The decision whether Council will fund a group or an event has to my knowledge been based solely on the in-person presentation. My recommendation is that the town continue its practice of sending the current funding application form to the four organizations which the town has been funding annually. As to requests for funding from other groups, I do not see any problem with allowing such groups to appear before the Council at a work session or a regular meeting; but I do suggest that the Council ask the group making an in-person request for funding to also provide the town with written information. Attached to this memo is a sheet titled TOWN OF AVON APPLICATION GUIDELINES FOR CONTRIBUTION REQUEST. I suggest that before the Council grants a request for funding, it review the written application of the group. TOWN OF AVON APPLICATION GUIDELINES FOR CONTRIBUTION REQUEST Please include the following information in your request to the Town of Avon for non- profit funding. Return the application to: Kristen Nash, Town Clerk TOWN OF AVON P.O. Box 975 Avon, CO 81620 Application Information 1. Name of organization. 2. Mailing address. 3. Contact person and telephone number. 4. Mission statement or purpose of the organization or event. 5. Amount requested from the Town of Avon. 6. Amount requested and/or provided from other agencies, organizations, companies (i.e. other funding committed). 7. Explanation of the need for funds: a. Description of the event or organization. b. How the event or organization benefits the Avon community. C. Anticipated budget for the organization or event. d. If applicable, what marketing effect the event or project has for the Town of Avon. 8. Include a description of any "in-kind" contributions that the Town of Avon provides to your organization, including but not limited to: land, buildings, and their facilities and/or services. 9. Disclose the members and titles of your governing board. 10. Are your books audited? 11. If you are a tax exempt organization, please include a copy of the determination letter from the Internal Revenue Service recognizing your tax exempt status under IRS 501(c) (3). 12. Balance sheet information as follows: a. List assets b. List liabilities The Town may request a progress report on the event or organization prior to its implementation and final report once the event is completed. Sports groups/organizations will be considered only if the request is for a marketing event, and that is no guarantee that funding will be granted. Individuals will not be considered for funding. MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin RE: Redraft of Bear Ordinance DATE: May 16, 2001 Council member Buz Reynolds Jr. asked that I redraft a bear ordinance to provide that paper or plastic trash bags are illegal, and that solid containers are required. You have such an ordinance before you for consideration. If this ordinance is passed it will be a crime to violate it, punishable (like all Avon ordinances) by fine and/or imprisonment. Also, I am providing you with copies of other bear ordinances from other jurisdictions. These were provided by Bill Andree of the state wildlife division. ORDINANCE NO. 01-04 SERIES OF 2001 AN ORDINANCE CONCERNING WILDLIFE PROTECTION. WHEREAS, the purpose of this ordinance is to protect human life and property, and to minimize the destruction of wildlife; and WHEREAS, several bears were killed during 2000 due to their interactions with humans and trash; and WHEREAS, there is a need to protect our wildlife and a need to co-exist with wildlife in a way that prevents wildlife from being jeopardized, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. A new Section 9.16.121 of the Avon Code is added to provide as follows: 9.16.121. Wildlife Protection. (a) No person (including a corporation, partnership, or unincorporated association, and specifically including restaurants and other businesses) shall knowingly leave or store any refuse, food product, pet food, grain, or salt out of doors in a paper or plastic bag in a manner which would constitute a lure, attraction, or enticement of wildlife. (b) Persons (including corporations, partnerships, or unincorporated associations, and specifically including restaurants and other businesses) setting out trash for curbside pickup shall use durable trash containers made of hard plastic, metal, wood, or other similarly strong material, and shall cover such containers with a tightly sealed lid. (c) As used in this section, "wildlife" means any non-domestic mammal indigenous to the Eagle Valley, including but not limited to, bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine, and fox. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this day of , 2001, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the _ day of , 2001, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this _ day of , 2001. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 2 104 ORDINANCE NO. SERIES OF 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER ENTITILED "WILDLIFE PROTECTION," WHICH PROTECTS WILDLIFE BY REQUIRING THE USE OF WILDLIFE RESISTANT CONTAINERS AND WILDLIFE RESISTANT DUMPSTER ENCLOSURES. WHEREAS, five bears were killed. in 1998 due to their interactions with humans and trash, and WHEREAS, citizens of the City of Aspen, Colorado, voiced their concerns regarding wildlife to the City and asked that something be done to help reduce the potential of conflicts between humans and wildlife, and WHEREAS, there is a need to protect our wildlife and the need to co-exist with wildlife in a way that prevents wildlife from being jeopardized, and WHEREAS, in response to the citizen concerns, a valley wide task force was set up which included CDOW, USFS, the City of Aspen, Pitkin County, Snowmass Village and Wilderness Workshop, and WHEREAS, meetings were held in which it was decided that Snowmass Village would pass a wildlife protection ordinance first (which has been done) and that Aspen would then follow suit, and WHEREAS, the Bear Task Force drafted the idea of a wildlife protection program and all its components, and -- WHEREAS, the health, welfare, and best interests of the community necessitate the adoption of a wildlife protection chapter, and WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen the following code addition. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter, 12.08 Wildlife Protection, which shall read as follows: CHAPTER 12.08 WILDLIFE PROTECTION 12.08-0110 Definitions. The definitions and terms used in this Chapter are defined as follows: (1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2) Wildlife resistant refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. Wildlife resistant refuse containers must be approved by a City Community Safety Officer or Environmental Ranger. (3) Wildlife resistant dumpster enclosure means a fully enclosed structure consisting of four sides and a roof with one side accommodating a door. The sides of the structure must, extend to the ground and the door cannot have more than a two-inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. The door shall have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife resistant dumpster enclosures must be approved by a City Community Safety Officer or Environmental Ranger. (4) Special event means an outdoor gathering such as a concert, conference or festival. (5) Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger.. (6) Refuse container means any trash can, dumpster, or similar device used for the collection and storage of solid waste. 12.08.020 Wildlife Resistant Refuse Containers or Enclosures Required. Except for a container which services less than five (5) family residences and which has a minimum of seven (7) days per week pickup, any refuse container, regardless of size, that receives between the dates of April 15`' and November 15 h, inclusive, refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which is stored within a building, house, garage or approved wildlife resistant dumpster enclosure. 12.08.030 Maintenance and Operation of Wildlife Resistant Refuse Containers and Dumpster Enclosures. A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. . If a container or enclosure is damaged. allowing access by wildlife, repairs must be made within one (1) week after written notification by a Community Safety Officer or Environmental Ranger. 12.08.040 Residential Refuse Disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or garage shall store their refuse in a wildlife resistant refuse container or enclosure approved by a City Community Safety Officer or Environmental Ranger. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way only on the morning of pickup. After pickup the containers must be re-secured inside the home, garage or wildlife resistant enclosure by 6 p.m. 12.08.050 Special Event Refuse Disposal. Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. 12.08.060 Feeding of Wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that' they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. 12.08.070 Construction Site Refuse Disposal. Al! construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either a wildlife resistant refuse container, or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. 12.08.080 Interference with Enforcement Officer. No person shall interfere with, molest, hinder or impede the enforcement officers in the discharge of their duties as herein prescribed or violate any of the provisions of this Chapter. 12.08.090 Enforcement. A. Enforcement officers ma?T issue a warn;ng notice or summons and complaint to any person in violation of this Chapter. B. An enforcement officer shall have the right to inspect property concerning any wildlife concern or potential wildlife attractant. 12.08.100 Penalty Assessment. Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. - - This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4. A public hearing on the ordinance shall be held on the day of 1999, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the ? day of 1999. Johntennett, Mayor ATTEST: Z12z?? dIXA, Kathryn V*och/City Clerk _ FINALLY adopted, passed, and approved this ZQ day of 1999. ATTEST: Kathryn S och City Clerk 6 ALPINE ENTERPRISE, MARKLEEVILLE, CALIFORNIA Page 5 Alpine Co. To Adopt "Bear" Ordinance A second reading of Alpine's proposed "Bear" ordinance, which might be more appropriately be named "People - Clean Up Your Act", Act, will'occur at the regular Alpine B oard of Supervisors meeting June 20.. The Ordinance reads as follows: CHAPTER 8.50 BEAR CONTROL 8.50.010 Purpose The purpose of this Chapter is to protect human life and property, and to minimize the destruction of bears by eliminating to the greatest degree possible human interaction with bears in Alpine County. 58 0.020 Conduct Prohibited No person shall feed bears or knowingly leave food, food product, refuse, pet food, grain or salt in a manner which constitutes a lure, attraction or enticement to bears. 8.50.030 Punishment A violation of this Chapter may be charged as an infraction ormisdemeanorpunishable as set forth i n Title I Chaptcr 16 (1.16.010) of this code, exclusive of any costs, charges'. fees or assessments which may in addition be imposed by the Alpine County Superior Court. In addition, violations of this Chapter are hereby declared to be a public.'.. nuisance which threatens the public health.. and safety and which shall be subject .to abatement through applicable administrative and judicial proceedings. 8.50.040 Separate Violation Each day the conduct proscribed in this . Chapter occurs or. continues may. be.. deemed a single, separate violation of,. purposes of charging and punishment upon. conviction. 8 .50.050 Prohibition and Punishment Not Exclusive Violations of this Chapter may be charged and punished without regard to any other applicable statute or regulation., This. Chapter sh llrl no ,Ydeemed=io ?imib rr t .q thh einforcemnen' ' oth ws. c having concurrent:orse -caeany agcn' Y T .. tion? t1risdi4 M--" 401A nA vlalL I-A.v-v I n0r)IAIAAICC r%= TUC O^A mr% r1= -rns s- v . I 1 1 %- L-f-s v V I I Iw.71I-E., OF n Il+?>EL?E• r.O/A' dI+5% a A IT w. r.•w, C.U..-LORADO, APPROVING A NEW ARTICLE VIIITO CHAPTER 7 OF THE MUNICIPAL CODE OF THE TOWN OF BASALT ENTITLED "WILDLIFE PROTECTION," WHICH PQC?TErTS WII r_11 +C BY i?i?n111D1#1R TuC I ICC r%C \IIi11 r+I IEe r•r_il?I!•TAhb-P ..•vn.ISw Isla- vVS.. VI ••IL.I..? r_c r%Q Q I PUN I CV II A! Y GRQ HINU YiriLuLIFE RESISTANT DUMPS T ER ENCLOSURES Ordinance No_ Rpriac of ?nn-i RECITALS A. The Town of Basalt ("Town") acting by anri thrnltnh itc Rnarri rf Trl?ei©eo has the power to amend the Municipal Code of the Town of .Basalt ("Town Code") pursuant to §1-58. Town Code, and all such amendments shall become a part of the Town Code. Further, § 16-267, Town. Code, provides for the all T aendment to Chapter 16 of the Town Code. C. At a duly noticed public hearing held on and the Board of Trustees considered the following revisions to the Town Code, and heard testimony from the public and Town staff concerning such revisions. D, The Board of Trustees finds, determines and concludes it is in the best interests of the Town to amend the Town Code as provided herein. NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of Basalt, Colorado as follows: =i? 1ui? lye. T ie auart? G1 T r usiees hereby conciusi??eiy Tinds and concludes as follows. 1. The Town is authorized and empowered to enact this Ordinance by the Colorado Revised Statues, including, but not limited to, §§ 29-20-104, 31-15-101, 31-23-214, 31-23-301 and 24-67-102, G.R.S. ? ThP t-iti71mnc of thg Tnwn of RNQMIt C^I^r-nA^ k gi,ee %rni^a.A +1. •, a..s?. vvaV•.rV a11Gi1 arVi1VC111 #r1 #i?G Tn••,.. .,...J +,. +6.,, r1;.,;..'.... r 1A91AI=_ •?+ al l.i I -Ivy II CAI IU LW LIIU L4IYIJIVtl VI II YIIU1110 ICIJ.Ql U11 ILy MIU111C LU 1.1 It! IOwn and asked that something be done' to help reduce the potential of conflicts between humans and wildlife 3, In preparing this Ordinance, Town staff has held meeting with staff members from the Roaring Fork Conservancy, the City of Aspen, Colorado Division of Wildlife, and Basalt Police Department 4. The Board of Trustees is aware that bears and other wildlife have become habituated to feeding on refuse or other food products left accessible by residents of the Town. Ordinance No. 7 Series of 1999 Page 2 5. The Board of Trustees finds, determines and concludes that it has a legitimate public purpose in regulating garbage pickup for the purpose of preserving and protecting the health, safety, welfare and quality of life for the citizens of the Town and the wildlife that we live among. B. Revisions to Code. Add a new Article VIII to Chapter 7, Health, Sanitation and Animals as follows: Wildlife Protection Sec. 7-165 The definitions and terms used in this Chapter, unless the context otherwise indicates, are herewith defined as follows: (1) Wildlife means any medium to large size non-domestic mammal indigenous to the Town of Basalt, including but not limited to: black bear, mule deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. r? (2) Wildlife Resistant Refuse Container means a fully enclosed m ?rwilth a metal lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. Wildlife Resistant Refuse Containers must be consistent with the "1,Town of Basalt's Wildlife Protection Ordinance Guidelines." (3) Wildlife Resistant Dumpster Enclosure means a fully enclosed structure consisting of four sides and a roof with one side accommodating a door. The sides of the structure must extend to the ground and the door cannot have more than a two-inch gap along the bottom. The door must have a latching device of sufficient design and strength to prevent access by wildlife. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. Wildlife Resistant Refuse Containers must be consistent with the "VTown of Basalt's Wildlife Protection Ordinance Guidelines." (4) Special Event means a large outdoor gathering such as a concert, conference, festival or rodeo. (5) Enforcement officer means any Basalt Police Officer or the Town Building Official. (6) Refuse container means any trashcan, dumpster, or similar device used for the collection and storage of solid waste. Sec. 7- 166 Wildlife Resistant Refuse Container or Enclosure Required A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which is stored within a building, house, Ordinance No. 7 Series of 1999 Page 3 garage or approved wildlife-resistant dumpster enclosure. B. The minimum standards required for wiidiife proofing garbage are set forth in and are hereby incorporated herein by reference in the Town of Basalt's Wildlife Protection Ordinance Guidelines which shall be prepared and amended from time to time by the Town. The Guidelines shall be available for review and purchase at Town Hall. C. Any trash hauler who provides a refuse container to a City customer shall only provide wildlife resistant refuse containers, wildlife resistant dumpsters, or a wildlife resistant 9a r.*W. ?J. Sec. 7- 167 Maintenance and Operation of Wildlife Resistant Refuse Containers and Duna; stet Enclosures A. Wiidirfe Resistant Refuse Containers and Dumpster Enciosure must be kept closed and secure when refuse is not being deposited B. If a container or enclosure is damaged, allowing access by bears or other wildlife, the owner or tenant has twenty- four hours to report the damage to the trash hauler and to the n of Basalt, r ? vc d-, +V `2S Sec. 7-166 Residential Refuse Disposal A. All containers that receive refuse edible by bears or other wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside a home or garage shall store their refuse in a Wildlife Resistant Refuse Container or Enclosure included in the "Town of Basalt's Wildlife Protection Ordinance Guidelines." r? rnJ _t aL ..:aide .. 1.. .up ., S I1. I a..11u -!a .. cc ,. i4.,. r F,...,. ar n4, ? %,& ^iwi% ^nkp? o. fRE-SideIts VY i U 1 cuI .sis pick ., wn rGluoG %dvi iLaIi iw as ..I vuv vu? on the morning of pickup. After pickup, the container must be re-secured inside the home, garage or Wildlife Resistant Dumpster Enclosure by the end of the day. Sec. 7-169 Special Event Refuse Disposal Outdoor special event sites Shali be F%epL tree 11 VI I A.1- C dUL; . 1 I WIdtiU1 I of I Gt- aG cdiule uy wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. Ordinance No. 7 Series of 1999 Page 4 Sec. 7-170 Feeding of Wildlife A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears and the area below the feeders must be ke t free from the accumulation of seed debris. (was this to be changed?) ?. Sec. 7-171 Construction Site Refuse Disposal All construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either (1) a wildlife resistant refuse container, or (2) a container that is emptied at the end of each workday and then securely stored inside a trailer or building. If the construction site is using a container that is empted at the end of the day, then both the construction dumpster and the container must be clearly labeled to prevent confusion as to what container is to contain the refuse edible by wildlife and which container will not receive edible refuse. Sec. 7-172 Interference with Enforcement Officer No person shall interfere with, molest, hinder or impede the enforcement officers sin the discharge of their duties as herein prescribed or violate any of the provisions of this Chapter. Sec. 7-173 Enforcement Enforcement officers may issue warning notice or summons and complaint to any person in violation of this Chapter. An enforcement officer shall have the right to inspect property concerning any wildlife concern or potential wildlife attractant. Sec. 7-174 Any dumpster enclosure or refuse container shall be brought into conformity with the wildlife protection provisions of this Article within a period not to exceed sixty days from the effective date of this ordinance. Upon application to the Enforcement Officer and showing a hardship by any owner of a dumpster enclosure or refuse container required to comply with this Article, the Enforcement Officer may grant an extension, for a reasonable period of time, within which to comply with the provisions of this Article. nPAinene-a Nn 7 v?IIVJ C4 ?OQQ r aye rJ Sec. 7-175 Violations of any provision of this section by any person, firm or corporation shall be unlawful and subject to the following penalty provisions. Either the owner or the tenant or both may be held responsible for a violation of any provision of this chapter. The following penalty assessments are declared to be mandatory and minimum: Wildlife Resistant Refuse Contai?ler First Offense within 1 year $0 Second offense within 1 year $200 Third offense within 1 year Summons Maintenance of Wildlife Resistant Refuse Containers and Wildlife Resistant Dumpster iA?InQt?rnc _ t=._a rat[...,..., „d4-kh% i 1lnMr .5 0 st V1161IJG rrn,+n1 , jr f i - Second offense within i year $200 Third offense within 1 year Summons i7iacirlnnt Raf mpz nisposal , , .. 1 ill] ) 1J1 VnGttav rr u,+. r Second offense wiltiiii 1 year Third offense within 1 year Summons Sr°cial E•fent Refuse- Disposal First Offense within 1 year $0 Second offense within 1 year $500 Third offense within 1 year Summons Construction Site Refuse Disposal First Offense within 1 year $0 Second offense within 1 year $500 Third r%ffpn within 1 year Summons Focusing of \A ildife First Offense within 1 year $0 Second offense within 1 year $500) Third offense within 1 year Summons C. General. H6K?9AAD cinl asp nr phrase of this .! _ L...r...ai0,-,, 1. if any pars, sec?lui_1, siivJC..L' h decision shall not affect the validity Ordinance is for any reason held to be invalid, of the remaining portions of this Ordinance and the Board of Trustees hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, Ordinance No. 7 Series of 1999 Page 6 clause or phrase thereof regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 2. This Ordinance shall be effective upon completion of publication of the Ordinance and shall apply to all development within the Town except development which is exempt by virtue of a common law vested right, a vested property right pursuant to a site specific development plan as defined and established by and pursuant to § 24-68-103, C.R.S., and § 17-125, Town Code, or which is otherwise exempt pursuant to an Ordinance or Resolution of the Board of Trustees of the Town of Basalt. READ, ADOPTED AND ORDERED PUBLISHED by a vote of - to - on TOWN OF BASALT By: Richard P. Stevens, Mayor ATTEST: Pamela Schilling, Town Clerk rivers-wetlands.doc basaMcode\2rivers. 008 r a"J v VI-0 , ?l ? VEM-27-01 14:22 1-WL)M:MUNKUV1A YUL1{?t US--V1 1U: IO?b Y50tllOi7 rrt.t l/5 Af -- MONROVIA POLICE DEPARTMENT , 'L 1 G uvcF? Joseph A. Santoro Chief of Police FAX COVER SHEET DATE: TIME: FAX: # q -lo - 17Z6 J 36 25 C) To: FROM: (-? PHONE: (626) 256-8000 EXT. FAX# (626) 256-8025 RECORDS RE: V y l6 C\c?o??•._ ') ?« l A. k wce NUMBER OF PAGES (NOT INCLUDING COVER SHEET) 1-7-- j bv F.EB-27-01 14:22 FROM :MONROVIA POLICE UtY'1' . I U: 1 tiltiGbtitilOGS rrtt,e. a4i a t = a ,mft f CITY COUNCIL AGENDA REPORT Mo o DEPARTMENT: Police Department MEETING DATE: September 12, 2000 PREPARED BY: Joseph A. Santoro, Police Chief AGENDA LOCATION: J-2 _ iTL : Amendment of Title 6, Chapter 6.30 of the Monrovia Municipal Code Relating to the Prohibition of Feeding Wildlife; Introduction and. First Reading, Ordinance No. 2000-23 OBJECTIVE: The object of this report is to introduce for consideration a municipal ordinance prohibiting the feeding of specific wildlife to protect the public health, welfare and safety. BACKGRO M: Bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels and feral cats are just a few of the nondomesticated mammalian wildlife living in Monrovia. Over the past several years, wildlife calls to the police department have been on the increase. Of particular concern is the fact that some residents are feeding these wild animals and are treating them like pets. In some cities mountain lions and coyotes have been known to attack domestic household pets and in some instances small children. Opossum, skunks and raccoons often carry diseases such as roundworm and rabies, which can be transmitted to humans. Throughout the state bears cause hundreds of thousands of dollars worth of personal property damage annually. Although California bears and mountain lions rarely attack people, these strong predators are dangerous and are capable of seriously injuring or even killing humans if they are approached and feel trapped. Often people seeing the smaller animals do not call the police. However, when a bear or mountain lion is seen the police are often called to scare them back into the wilderness area and insure the safety of residents. For example, since May 1999, Monrovia Police Officers have responded to over 65 bear calls. California Department of Fish and Game explains that food is the reason for the increased sightings of wildlife in foothill residential neighborhoods. They advise that Monrovia has ten times more bear sightings than any other foothill city in the Los Angeles area. Bears are extremely intelligent animals and they know where there are people, there will be food. These animals will continue to come down into our residential neighborhoods as long as there is food. ANALYSIS: We all like the wildlife, however, we must work to keep them in the mountains where they belong. We can accomplish this goal by securing the lids on trashcans, picking up fallen fruits or avocados from trees, never leaving food out to attract them and never feeding them. Although these are beautiful animals, we must never forget they are not pets, but wild animals. Wildlife behavior, whether good or bad, is unpredictable and can vary greatly. The best way to avoid a tragedy with them is to help prevent it. J-2 FES-27-01 14:22 FROM:MONROVIA POLICE DEPT. I13:16262buuo2b rHl:e sia ORDINANCE NO.2000-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONROVIA, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.30 OF THE MONROVIA MUNICIPAL CODE, RELATING TO THE PROHIBITION OF FEEDING WILDLIFE THE CITY COUNCIL OF THE CITY OF MONROVIA, CALIFORNIA hereby ordains as follows: SECTION 1. Title 6, Chapter 6.30 of the Monrovia Municipal Code is hereby amended to read as follows: 6.30.010 Feeding of wildlife prohibited 6.30.020 Exceptions 6.30.030 Violation - Penalty . 6.30.010 _ Eeeding,of wildlife prohibited. No person shall feed or in any manner provide food for one or more nondomesticated mammalian wildlife; including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats. 6.30.020 Exceptions. This chapter shall not apply to: A The feeding of any nondomesticated mammalian by the owner of such animal . when the nondomesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Game: 6.30.030 Violation - Penalty. Violation of this chapter is an infraction, as defined ender Chapter 1.16 of this code. INTRODUCED this 1241 day of September 2000, F.E13-2Y-101 14:2:3 171<L) 1:MUNKUVAf-i t'UL- AL.C 1Jt1"1. lu: Ib21'.Z=bW I = i-.91at II- Officers responding to calls for service have noticed that some residents intentionally place food out for bears and other wildlife, while others inadvertently leave food for their domestic pets that attract wildlife. Over the past years the Police Department has. engaged in a program to educate residents in the foothills regarding the hazards of feeding or leaving food out for wildlife. The Police Department has- also engaged in an aggressive program to, deter wildlife by placing "Bear-B-Gone" trashcans in residential areas frequented by the bears and other animals- searching for food: When- the beargoes for the bait in the "Bear-g gone" trashcarr, it receives a harmless but uncomfortable burst of pepper spray. The intent is to educate the animal that there is a negative consequence associated with rummaging through trashcans. Wildlife provided with food from humans quickly team that the scent of humans is not to be feared and equate human scent with food. When fed, they lose their fear of people and develop unnatural behaviors and habits, which result in conflicts with humans. Wildlife that have lost their natural fear of humans are more likely to cause nuisance problems that often lead to their demise. in addition, handouts of food, even those we consider to be healthy, rarely meet all the nutritional needs of wildlife. An animal's survival depends on its ability to find and eat natural foods. It is critical that residents do not feed wildlife. FISCAL IMPACT: None RECOMMENDATION: Staff recommends that the City Council implement the new city ordinance prohibiting the feeding of nondomesticated mammalian wildlife including but not limited to bears, deer, mountain lion, coyotes, raccoons, opossum, mice, rats, skunks, squirretss or feral cats. COUNCIL ACTION REOUIREDS Should the City Council concur with the recommendation, the appropriate action would be: A motion to- introduce and read by title only Ordinance No. 2000-23 relating to feeding, of specific wildlife.. Res ctfully sub itte Jo eph A. Santoro Chief of Police t t.C-2 /-107 1q;YS rKUNc NUNKUV1R r-u"I .G "=r1. 3U= AMZMtO ---- r--- o1o Violation of the new taw is a non-criminal infraction that carries a 100-dollar fine for the first violation, 200-dollar and 500-dollar fines for subsequent violations in a 12-month period. Contact: Sergeant Steve Cofield: Community Policing (626) 256-8020 City Council Agenda Report • 9rdinanm #2000-23 r..?.. Yitai -'L /-10 1 19 = 1s r tcurz a iqui4muv a r -wa a ?.c ucr a a - a...,-u-.,- - - - - k-.AltY 01 1V1UIN KUV lA 166i POLICE DEPARTMENT xgou,C"a August 9, 2000 Dear Residents, Recently we have received information that residents on the north end of Monrovia have been feeding the bears and other wildlife. This is a violation of State of California Fish and Game Ordinances- Fish and Game has been made aware of the violations and may start issuing citations to residents. On the back of this letter is information on hoot harmful it_is-ta feed wildllfe_ Please make every effort to prevent wildlife from coming in to areas to feed. If you are aware of any resident that Js feeding wildlife please contact me at626- 256-8024, Monday through Thursday,. between 8:00 AM to 5:30 PM. We would like to thank you in advance for your assistance. Sincerely, .4435(?)g It-el D.L. Percy Police Officer Community Poticing/Crime Prevention 140 East Lime Avenue Monrovia, California 91016-28$$ (626) 256-80W 1 14 a X3 rmum c mu"muv a r rut, a v-= uC. I. I u 7 A--c ao o--- . r.v ar .. ... r eeaing wilaige is Harmful An animal's surtival deper!ds on its ability to make use of natural foods 'afar taaFc rirr ricea wildfif? Wildlife quickly leap that people who provide food are not threatening. `4.1hen f4 they lose their fear of people and develop unnatural behaviors and habits, which result in conflicts with hunnatis, Hum an-animal conflicts almost always end-with the- animal's death. Wildlife that have lost theirnatural fear ofhumans are more rely to cause nuisance problems. Feeding wildlife attraets them to residential areas, exposing them to harassment or attacks by family pets or other humans who do not appreciate the visit. Handouts of food; even those we consider to be healthy, rarely meet all the nutritional needs of wildlife. In fact, handouts may cause many animals to gather and remain in a small area. As a result wildlife deplete the healthy natural foods in that area and must turn to less nutritious food to eat. By not feeding wildlife, you help protect the health of the animals as well as their food supply. By feeding. animals such as bears, raccoons, and opossums begin producing more young due to this supplemental food supply, therefore increasing the numbers of animals in the area creating an overpopulation for the area resources. Crowding and competition- for food, combined with the stresses of less nutritious food, can increase the susceptibility of individual animals to diseases and parasites. Concentrating animals] such as bear, raccoons, foxes, and coyotes, by feeding can spread diseases such as, distemper, mange and rabies. These diseases result in a slow agonizing death for the infected animals. Many wildlife diseases can be transmitted to pets, and some, such as rabies and raccoon roundworms, to humans. Most people believe they are helping the animals or simply enjoy the ability to view wildlife in their backyards. Unfortunately this only increases the animals chance of an early cruel death. Protect our wildlife, Do not feed them! k atlj-1/-101 1'•!='LY rKV17=1•IV1MKUV1M r'VLiI.L L/Gl-1. iL/= aOGOG VOOVC? /..r U1ty of 1V1UIN RUV iA 1661 Y POLICE DEPARTMENT !! // [?ViiJiW Qi 1T j j?Wf{W?SMY ? YY9YY // July 5, 2000 Dear Resident: The spring season has arrived and the bears are awake and hungry, They have already started to forage for food in the foothill communities and this is a friendly reminder not to encourage them to look for food in our neighborhoods. California Department of Fish and Game explains that food is the reason for the increase in bears in neighborhoods. They believe Monrovia has ten times more bear sightings than any other foothill city in the Los Angeles area. Sears are extremely intelligent animals and they know where there are people, there will be food. The bears will continue tow" down into our residential neighborhoods as long as there is a food source. We all like the bears, however, we must work to keep them in the mountains where they belong. We can accomplish this goal by securing the lids on trashcans; picking up fallen fruits or avocados from trees and never leaving food out to attract them- Although these are beautiful animals, we must never forget they are not pets, but wild animals. Bear behavior, whether good or bad, is unpredictable and can vary gf eatly. The best way to avoid a tragedy with the bears is to help prevent it. MA.~ 11 111116 If you see a bear, please contact the Monrovia Police Department immediately. Our policy is to respond to all bear related calls. Once we arrive, our first priority is to ensure the safety of the citizens and their property. The second priority is to get the bear out of the neighborhood and back into the mountain using every safety precaution at our disposal. If a bear has been rummaging through your trash; the police department will loan you a special "bear-B-Gone" trash can that is baited with bacon and liquid smoke. When the bear goes for the bait it receives a burst of pepper spray. The intent is to educate the bear that there is a negative consequence associated with trashcans: The pepper spray does not harm the bear. The Bear-S-Gone' is free and can be requested by calling Officer Dottie Percy at (626) 256-8024. 140 East Lime Avenue Monrovia, California 91016-2888 (626) 2%-8000 I . UCtS-d/-101 1'1 : L4 rKVI.1?1•IV IVKVVI?Y f VLa\.G "-II. aV: ao<o--o---- - -1- I am confident that by working together, we can take the necessary steps to preserve wildlife in Monrovia, prevent unnecessary destruction of the bears and at the same tune, ensure that all Mon rovians live in a safe environment- Sincerely, J-4 Joseph A. Santoro Chief of Police JAS:dp ?? ,??? ,,,„-E r3 ??' TOWN OF AVON REGULAR COUNCIL MEETING AGENDA May 22, 2001 - 5:30 PM 1. Call to Order /Roll Call 2. Citizen Input Et r. fir" rar ?? 3. Ordinances a.) First Reading of Ordinance No. 01-04, Series of 2001, An Ordinance Concerning j 1=2 LE ''' Wildlife Protection (Burt Levin) 41 T Resolutions a.) Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision r, Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado b.) Resolution No. 01-11, Series of 2001, A Resolution Approving a Reduced and Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado (Norm Wood) Iwo 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the May 8, 2001 Council Meeting Minutes b.) Financial Matters VVT r c.) Resolution No. 01-10, Series of 2001, A Resolution to Express Purpose and Intent of the Town of Avon to Extend to Its Employees the Opportunity to Participate in the Medicare Program d.) Nottingham Road Bike Path - Change Order #1 e.) Nottingham Road Bike Path - Proposal/Inter-Mountain Engineering, Ltd. Construction Contract Administration Services £) Street Improvements Contract Award 12. Adjournment V 1 gr?, ORDINANCE NO. 0l -04 SERIES OF 2001 AN ORDINANCE CONCERNING WILDLIFE PROTECTION. WHEREAS, the purpose of this ordinance is to protect human life and property, and to minimize the destruction of wildlife; and WHEREAS, several bears were killed during 2000 due to their interactions with humans and trash; and WHEREAS, there is a need to protect our wildlife and a need to co-exist with wildlife in a way that prevents wildlife from being jeopardized, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. A new Section 9.16.121 of the Avon Code is added to provide as follows: 9.16.121. Wildlife Protection. (a) No person (including a corporation, partnership, or unincorporated association, and specifically including restaurants and other businesses) shall knowingly leave or store any refuse, food product, pet food, grain, or salt out of doors in a paper or plastic bag in a manner which would constitute a lure, attraction, or enticement of wildlife. (b) Persons (including corporations, partnerships, or unincorporated associations, and specifically including restaurants and other businesses) setting out trash for curbside pickup shall use durable trash containers made of hard plastic, metal, wood, or other similarly strong material, and shall cover such containers with a tightly sealed lid. (c) As used in this section, "wildlife" means any non-domestic mammal indigenous to the Eagle Valley, including but not limited to, bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine, and fox. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this day of , 2001, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council 1 of the Town of Avon, Colorado on the _ day of , 2001, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. ATTEST: Town Clerk TOWN OF AVON, COLORADO: Mayor INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this _ day of , 2001. TOWN OF AVON, COLORADO: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Mayor 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Acting Director of Community Development Ruth Borne, Asst. Director Community Development Date May 18, 2001 Re: Resolution No. 01-09, Series 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Summary: Traer Creek LLC has submitted a subdivision application for Preliminary Plan approval for "The Village (at Avon) Filing 1 ". The submittal includes a request for a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval of a Final Subdivision Plat. On May 1, 2001, the Planning and Zoning Commission reviewed the Preliminary Subdivision Plan and variances and recommended approval of The Village (at Avon) Filing 1 subdivision by adoption of Planning & Zoning Commission Resolution 01-03. The PUD Development/Sketch Plan was revised to evidence the changes to the road alignments and planning areas. The amendment is referred to as PUD Development Plan Administrative Amendment No. 1. Copies of the Preliminary Plan were transmitted to the Colorado Department of Transportation, Eagle County Engineer's Office, Eagle River Fire Protection District and Eagle River Water and Sanitation District for review and comment. This Resolution includes conditions of approval to address the comments and recommendations received in response to their review. In response to the comments from the public hearing held on May 8, 2001, staff has incorporated the following requirements into the approval of the Preliminary Plan: Safety measures for traffic: The Stonebridge Construction Access is limited to eight (8) months and must be restored to its previous condition or better. A traffic control and safety measure plan will be required prior to commencement of construction and use of the access. Dust control: An Air Quality Monitoring and Control Plan as approved by the Town will be required over the course of the project. A security deposit will be required prior to commencement of overlot grading to assure satisfactory completion and revegetation. Other conditions of approval included in the Resolution are: Subdivision Improvements Agreement ("SIA"): A SIA must be approved by the Town along with corresponding security to ensure compliance with roads and infrastructure improvements. Dedication of Lot 5, Public Works Site: The Village (at Avon) will required to dedicate and transfer title to Filing 1, Lot 5 for use as a public works site. Recommendation: Staff recommends approval of Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Proposed Motion: I make a motion to approve Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Town Manager Comments: Attachment: Resoluf 01-09 Planning and Zoning Resolution 01-03 9 Page 2 TOWN OF AVON RESOLUTION NO. 01-09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of May, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT'). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. 2 g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. Stonebridge Temporary Construction Access: a. If the temporary construction access from Stonebridge Drive is installed, it must be removed upon completion of the Highway 6 Connector Road to the minimum extent necessary for construction traffic access to the site. b. In no event shall the Stonebridge Temporary Access be used for construction access longer than eight (8) months. C. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt, paving and re-vegetation within thirty (30) days following completion of its use as a temporary construction access. d. If Stonebridge Drive is used for temporary construction access, traffic control and safety measures as approved by the Town, shall be implemented and maintained. 8. Drainage: a. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 9. Utilities a. Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. b. Temporary roads (East Beaver Creek Boulevard and Chapel Place) may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. 10. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 11. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 12. Approval and Recording of the Final Subdivision Plat shall include provisions for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town of Avon for use as a Public Works site. 3 II. Variance - Permit for Overlot Grading Prior to Final Plat Approval 1. A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. III. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF MAY, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk 4 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-03 A RESOLUTION RECOMMENDING APPROVAL FOR THE SUBDIVISION VARIANCES AND PRELIMINARY SUBDIVISON PLAN FOR THE VILLAGE AT AVON, FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Traer Creek LLC has submitted a Preliminary Subdivision Plan application for Filing 1; and W HEREAS, Traer Creek LLC, Owner of the Village at Avon has submitted an application for variances specifically for: 1/ A cul-de-sac in excess of one thousand feet (1,000') in length to service proposed commercial uses, and, 2/ General over-lot grading prior to the approval and issuance of a preliminary subdivision. These variances from the subdivision regulations are as authorized by Title 16, Section 16.44 of the Avon Municipal Code; and WHEREAS, the Planning & Zoning Commission of the Town of Avon having considered the applications and reviewed the plans for the Village at Avon, Filing 1; and WHEREAS, the Town Council, may at its discretion, grant variances from Title 16 based upon certain criteria as cited in 16.12.020. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission Of the Town of Avon, Colorado, hereby recommends approval for: 1. The preliminary subdivision plan for the Village at Avon, Filing 1, Eagle County, Colorado; and 2. The requested variance to allow one (1) cul-de-sac with a length greater than one thousand feet (1000'); and 3. The requested variance to allow the issuance of a building permit for general over- lot grading prior to final subdivision plat approval. ADOPTED THIS 1st DAY OF MAY, 2001 Signed.• Date: Chris Evans, Chair Attest: Date: t { Andrew Karow, Secretary Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Ii From: Norm Wood, Town Engineer ? Date: May 18, 2001 Re: Chapel Square Subdivision Improvements Agreement Resolution No. 01-11, Series of 2001, Approving Reduced and Modified Security Deposit Summary: Chapel Square has satisfactorily completed a significant portion of the public improvements identified in the Subdivision Improvements Agreement. The satisfactory completion of these portions has been adequately documented by field inspections and the submittal of As-Built Plans and Certifications by registered professional engineers as stipulated in the Subdivision Improvements Agreement. The Town currently holds a letter of credit with an expiration date of May 31, 2001, in the amount of $215,000 to assure satisfactory completion and correction of remaining obligations. These generally consist of removing and reconstructing a portion Chapel Place and the underground parking entrance to Building C to conform to approved plans, provide a $50,000 security deposit to the Town to guarantee their obligation toward the cost of East Benchmark Road Improvements and a security deposit of $40,268 to assure successful completion of the one year warranty period following final completion and acceptance of all improvements identified in the Subdivision Improvements Agreement. Terry Palmos has submitted the attached Memorandum requesting release of the current letter of credit and offering to provide alternate security in lieu thereof. We have reviewed the request and we are recommending an alternate solution in the form of attached Resolution No. 01-11. We believe that compliance with the conditions stipulated in the Resolution will provide adequate protection for the Town and provide the flexibility needed by Chapel Square, LLC to complete the remaining obligations under existing agreements. I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Memo-2.Doc Generally the issues are expected to be resolved as follows: 1. An executed construction agreement and minimum demolition progress should be adequate to assure that the reconstruction of Building C parking entrance and the related portion of Chapel Place will be completed to conform to approved plans. Upon completion and acceptance of the work the Town will make the final $50,000 payment to Chapel Square LLC per previous agreement. 2. Agreement to accept payment of $50,000 less than appraised value for applicable easements and releases required for construction of the anticipated East Avon Access and Circulation Streetscape improvements should satisfactorily address their obligation to post a $50,000 letter of credit to be used by the Town for construction of these improvements. 3. The provision of a deed of trust or other legally binding document for an unencumbered interest of at least $82,500 in Chapel Square Condominium Unit BR-403 should be adequate to provide sufficient surety for the one year warranty period obligation of $40,268. If these conditions are met by May 18, 2001 the existing letter of credit will be released. If they are not met, the letter of credit will be called unless it is extended. Approval of attached Resolution No. 01-11, Series of 2001 is recommended to allow this corresponding modification and reduction subject to conformance with the stipulated conditions. Recommendations: Approve Resolution No. 01-11, Series of 2001, a Resolution Approving a Reduced and Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 01-11, Series of 2001, A Resolution Approving a Reduced and Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Town Manager Comments: I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Memo-2.Doc 2 TOWN OF AVON RESOLUTION NO. 01-11 Series of 2001 A RESOLUTION APPROVING A REDUCED AND MODIFIED SECURITY DEPOSIT FOR PUBLIC IMPROVEMENTS TO BE INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town of Avon and Chapel Square, LLC, a Colorado Limited Liability Company entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Amended Plat of Chapel Square Subdivision; and WHEREAS, said Agreement established certain public and private improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements and provide for warranty work in accordance with the Agreement and the subsequent partial release of the security deposits upon satisfactory completion of portions of the improvements in conformance with all standards, drawings and specifications as submitted to and previously approved by the Town; and WHEREAS, portions of the required work have been satisfactorily completed in accordance with the approved plans and specifications, as certified by a professional engineer; and WHEREAS, a payment of $50,000 by the Town of Avon to Chapel Square LLC is due upon satisfactory completion of said improvements; and WHEREAS, effective February 28, 2001, the security deposit was reduced to $215,000.00 which is equal to at least 110 percent of the cost of the remaining improvements to be completed in conformance with the approved plans and specifications; and WHEREAS, Chapel Square LLC, has requested a reduction in the security deposit and a change in the form of security deposit provided; and WHEREAS, the security deposit provided by Chapel Square LLC is in the form of a letter of credit in the amount of $215,000.00 with an expiration date of May 31, 2001. I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc 1 NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: The Town of Avon will release the current security deposit in the form of the letter of credit in the amount of $215,000.00 subject only to full compliance with the following conditions by May 29, 2001: Chapel Square LLC has executed a contract for the reconstruction of the entrance to Building C and the applicable portions of Chapel Place as depicted on preliminary Grading Plan, Building C Driveway, Chapel Square Subdivision, Town of Avon, Colorado prepared by Inter-Mountain Engineering, Ltd. and dated 04-09-01. 2. As a minimum, demolition work has progressed to the extent that reconstruction must be completed in order to maintain access to Building C. 3. Chapel Square LLC or other appropriate entity has executed a legally binding agreement with the Town of Avon guaranteeing that all easements and releases related to Tract A, Community Shopping Center, Town of Avon, Eagle County, Colorado and Tract B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado required for construction of anticipated East Avon Access and Streetscape Improvements will be provided to the Town of Avon at the appraised value less $50,000.00. 4. A deed of trust or other legally binding document for Unit BR-403, Final Plat and Condominium Map of Chapel Square "Building B", Lot 22, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado will be provided to the Town of Avon guaranteeing rights to the Town with a value of at least $82,500.00 as established by the difference between appraised value and the total of all outstanding mortgages, liens and other encumbrances. 5. Failure to meet these conditions will require extension of the current security or failure to provide such extension will result in the Town exercising its options regarding the current letter of credit. I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc 2 ADOPTED THIS DAY OF , 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Sec Dep Resol-2.Doc Memorandum To: Norman Wood From: Terry Palmos Re; Chapel Square, LLC Letter of Credit Date: 5-15-01 Sent Via Fax: 970-748-1958 Background: "Building C Entrance" Currently the Town of Avon ("TOA") is not satisfied with the slope of the entrance to the Building C garage (G2 level) at the Chapel Square Development. The TOA is requiring Chapel Square, LLC ("Developer") to adjust, at Developer's cost and expense, the entrance from where it is today to a certain point as per the revised and approved plans ("Developer's Portion of the Building C Entrance"). The TOA will then further adjust, at its sole cost and expense, the entrance from Developer's obligated point to a higher point in order to make the road related to the Building C Entrance connect to the new Village at Avon. As we have discussed, it seems logical to have the same contractor do the work for both Developer and the TOA. We have received two bids for Developer's Portion of the Building C Entrance. The best bid ranged from $35,000 to $50,000 (sec attached bid). We plan on moving forward with this bid, operating under the assumption that the cost of Developer's Portion of the Building C Entrance will be somewhere in the middle ($42,500). "Warranty for Chapel Ailey and Chapel Place" Further, there is an outstanding warranty from Developer to the TOA in the amount of approximately $40,000 for work done to Chapel Alley and Chapel Place. "Benchmark Road Contribution" Also, we will owe the TOA a $50,000 contribution for the Bcnclunatk Toad improvements when such improvements are completed. Please note that the Benchmark road improvements will likely require a condemnation of Developer's property which will require the TOA to pay Developer a condemnation award. At this point, it is premature to discuss any such amounts but certainly it is reasonable to assume that any such condemnation award could be offset (in whole or in part) against the $50,000 amount owed by Developer to the TOA. "Letter of Credit" Currently the TOA. is the holder of a letter of credit from Developer in the amount of $215,000 in order to insure that Developer's Portion of the Building C Entrance, the Warranty for Chapel Alley and Chapel Place and the Benchmark Road Contribution are completed and/or paid for respectively. I-IHT-1.7-GWW.L IVC ICJ!; YJ liJ: In suinmmy, the total cost for the aforementioned items is: - Developer's Portion of the Building C Entrance - Warranty for Chapel Alley and Chapel Place - Benchmark Road Contribution (which will likely he offset to some degree by a condemnation award) Total: Additional Security $42,500 $40,000 550,00 $132,500 "Chapel Place Dedication Amount" The TOA currently owes Developer a final payment of $50,000 for the dedication of Chapel Place. "Unit #403" Leonidas Palmos owns Chapel Square Residential Unit #403. The appraised value of Unit #403 is approximately $298,000 (as per Jim Trudea of Valuation Consultants 970-949-4898) and the mortgage against Unit is approximately $215,000 leaving equity in the Unit of $83,000_. Developer's Request To that extent, we respectfully request that the letter of credit be extinguished and be replaced with, 1. The $50,000 Chapel Place Dedication Amount currently owed to Developer by the TOA (i.e. the TOA does not issue the funds to Developer, but instead, uses such funds to pay for Developer's Portion of the Building C Entrance), and 2. A security interest in the amount of $82,500 ($132,500 total potential cost of remaining items less $50,000 TOA will hold) in Unit #403. Summary: - Total costs to complete the work (or warranty items) currently secured by the Letter of Credit: $132,500 - Less Chapel Place Dedication Amount: to be held by the TOA: $50,000 - Remaining Security needed by the TOA: $82,500 - Additional Security from Unit #403: $82,500 Exposure to TOA $0 (please note that $40, 000 is a warranty,for Chapel Alley and Chapel Place that will not likely he needed and the $50, 000 amount owed to the TOA for Benchmark Road Will likely be ofjvet to some degree by a condemnation award) Mf1'i - 14-0 1 1 1: 06 PM PROPOW a Mmr WWrWOMMMIr FARAFin /AOf1I = /W May 14, 2001 Owner and General Contractor Palmos Development 2775 Iris Ave. Roulder, Cotumdu 80304 Office Phone # 303-449-0951 OAicc FX # X3-449-8939 Prof eet Refrrenep 240 Chapel Place Chapel Squtsrc Avon, Colorado 81620 OVII F..nplneerl»g Date: A4>rll 9. 2001 InternwuntAin T?nginccring Phone fl 970.949.5072 Stamped not for construction Nails EAgIn eering Not Shown Work Description (Building C Driveway) As described in the blueprint listed above, The Reynolds Corporation will do the following; Remove existing agphait and jack hammer out concrete as needed. Regrade per plans Replace heating in concrete Replace concrete Replace Asphalt The scope of work is not complete because of lack of information, asbuild inf astruclure information and plans not being} compleml working drawing. The estirtiate that we developed with the Information available is bctwcon f3S_MOO and SMD,QDOLOO for the work on the hlueprinta listed above, Thu RLyrtulds Corporation will be responsible for and will supply all Insurance, Matedatls, 'fools, Mach) n(vy and labor for the specific work listed below. All other work will be coordinated by the Owners refore%4cd abcvs:. All Permits, Surveys and fees will be P.01 MAY-14-01 11:07 PM P. 02 supplied and paid for by the Owners, The Reynolds Corporation (or deslQnmed rcpresentndve) must be present for all utility locations before excavation will commerce. If bedrock is in the excavation areas the price will inc wse at a mutually agreed upon wst in writing as a chnnRe order by both the General Contractor and The Reynolds Cojxiration before the work commences. There will he a change, order incurred if soil conditions ;are encountered in areas of needed structural subgrades that must to be overexcavued Knd replaced with structural m Aterials approved by the soils enginmr approval. These are the pt&:vwf or our equ;parent and lisbar an it hourly balls If rldadoul, Traekhuc John Deere 1993 790E (S15O V0/hr.) Trackhoe John Deere 1995 4901E ($115-M A) John Deere Loader 1994 624G (SrO0.OWkr.) John Deere Batkhoe 1991 310C ($80.0"r.) John Deere Skidsteerer 1995 (W.Oti rj Makasa Walk Dchind Compactor (W. Mr.) Makasa Compactor (S50. Mr. ?Pith Operator) Wacker Compactor ($3S.OVAr. with operator) Speel.ra rhyAc lasers (includelto Lahnrrrs S28-751hr. Trucking Companies used; Meensch, Kudrl, Yonkers, Martinez, B.S. Trucking, Big Dog, Advance Excavation. (1 have numerous other tnecking company that T use) `Thls proposal It mrinrate aantil further ir{/orneadvit 1s awrltahle, 'IY)TAI. -------------------------------------------------------S ? Acceptrd Terry Palmas Sincerely, The Reynolds Corporation Albert D. li y' aldu President MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 8, 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 5:32 PM. A roll call was taken with Councilors Mike Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Mayor Protem Buz Reynolds present. Councilor Rick Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resources Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Asst. Director of Community Development Ruth Borne, Engineer Anne Martens as well as members of the public. Citizen Input: Mayor Yoder presented a Certificate of Recognition to Mike Matzko for his dedicated service to the Community Development Department. Citizen Input: Employee Bonus Awards Mayor Yoder presented awards to employees chosen for going above and beyond their normal job duties. Awards were presented to: Police Officer Jason McKown for being instrumental in rescuing a seven-year-old girl who was abducted in Lakewood, Colorado. Sergeant Chris Peck for upholding the objectives of the Town of Avon while conducting an investigation. Brian Houlihan, building inspector, for picking up the workload of fellow employees who have been out sick for many weeks. Ben Sokolski, public works department, who voluntarily stayed after his shift to replant some trees that had been damaged due to a car accident. Ben constantly demonstrates hard work and dedication. Armando Morales, transportation department, who has a perfect attendance record since 1998, he always demonstrates a positive attitude and covers shifts without question. Citizen Input: Mr. Michael Cacioppo, editor of Speakout newspaper, commented on the Council Communications agenda item that occurred at the worksession earlier in the day. Mr. Cacioppo felt while the Council should not always be of unanimous consensus he encouraged the Council to work together. Mr. Cacioppo stated regarding Mr. Buckley's petition to bury the Wildridge power lines, let each side express their views, vote it up or down, and move on. Mayor Protein Reynolds stated that the Council did look at the feasibility of relocating or burying the Wildridge power lines. He stated that this Council came to a conclusion with a vote and said they do not want to put it on the ballot because it is not feasible. Councilor Brown stated that they did look at the issue in detail and also heard from a lot of Wildridge residents that said they did not want it to go to the ballot. He stated that if they are wrong about what Wildridge residents feel, Councilor Peter Buckley should continue to pursue his petition. Councilor Peter Buckley stated that the cost to keep the study moving was $25,000, which puts the taxpayer at risk. He stated that the $25,000 could be rolled into the bond to have the power lines relocated. He stated that there was also a proposal to remove $50,000 of landscaping and irrigation on a bike trail, which Mr. Buckley felt was unnecessary. He stated that he was all for the bike trail, but not the $50,000 in landscaping and irrigation. Ordinances: First Reading of Ordinance No. 01-04, Series of 2001, An Ordinance Concerning Wildlife Protection Mayor Protein Reynolds motioned to table the Ordinance to address the issue of plastic trashcans and trash bags. Councilor McDevitt seconded the motion. The motion carried unanimously. New Business: Village at Avon Preliminary Plan - Public Meeting Town Engineer Norm Wood stated that Traer Creek, LLC has submitted an application for subdivision preliminary plan approval. Those plans, after introduction to the Council, were forwarded to the Planning & Zoning Commission, Colorado Department of Transportation, Eagle County Engineers, Eagle River Fire Protection District, and Eagle River Water and Sanitation District for their comment. Comments were due May 7, and Regular Council Meeting May 8, 2001 were received by the Eagle County Engineers office and the Fire District. Planning & Zoning Commission has approved a resolution recommending approval of the preliminary plan. Mr. Wood stated that the purpose of tonight's meeting is to get public input on the proposed presentation. All comments will then be taken into consideration and Staff will draft a recommendation incorporating conditions for approval or action at the next Council meeting. Mayor Yoder stated that this is a public hearing. Mr. Bill Post with Traer Creek LLC gave a presentation to the Council. He stated that this is the first phase of the project starting at the east end of the Stolport property, the regional retail area. This will allow for all of the access infrastructure to be installed, the new interchange on I-70 as well as the bridge on Highway 6. He stated that there are two variance requests. One is an over-lot grading permit prior to final subdivision approval. The second variance is for the public works facility, which will go into one four acre site instead of two or three sites. The road will then become a cul-de-sac. A variance is needed to access that site. Ms. Margaret Langstaff, resident of the cluster homes on Eaglebend Drive, questioned if they planned to build an access road over the railroad that will go right past the cluster homes, how will it impact them, and could it be built some place else? Mr. Post stated that access road will only be used as a back up depending upon when they get the on and off ramps built on I-70. He added that it would only be temporary. The only vehicles that would be using that access would be the vehicles that are too large to go on the town of Avon roads. Mr. Brian Johnson, resident of the cluster homes on Eaglebend Drive, stated that there is a daycare center on that street and there are children everywhere. He stated that he is also concerned about dust. Mr. Post stated that the dust would not be a problem. The way the road is built, there will not be anymore dust than on a paved street. He stated that if it did become a problem with the children during daycare hours, they could put out a guard so that the children would not run out in the street. Ms. Christie Farrero, resident of 3860 Eaglebend Drive, stated that she is concerned about the dust if they are going to grade in the fall and then let it sit until summer, there will be dust flying around for six months. Councilor Peter Buckley questioned if the interchange could be built first, then the construction traffic could enter the property that way. Mr. Post stated that was not possible. Ms. Farrero questioned why the construction traffic could not run through Avon and enter behind City Market. Asst. Town Manager Brooks stated that the Council passed an Regular Council Meeting May 8, 2001 ordinance in 1998 that does not allow for the large trucks to run through East Avon. He stated that the town could amend the ordinance. Mr. Post stated that no traffic would run down Eaglebend Road, it would only cross it. Ms. Chris Ekrem, resident of Eaglebend Drive, stated that she is also concerned about these issues. She wants to know what is envisioned for the project, especially along the south property line. Nothing is spelled out in the maps as they are now. There being no further comments, Mayor Yoder closed the public hearing. Councilor McDevitt asked Mr. Post to explain the timing issues as far as infrastructure and the interchange. Mr. Post stated that the last two pieces for the interchange approval should be completed by this summer. By 2003, it is hoped that the interchange will be open. Mayor Yoder stated that the comments would be addressed and taken into consideration at the next meeting. Other Business: Mayor Protein Reynolds motioned that the Avon Council declare that the use of the Town of Avon trademarked logo on an individual member's web page or stationary is prohibited. Councilor Brown seconded the motion. The motion carried with Councilor's Debbie Buckley and Peter Buckley voting nay. Other Business: Mayor Protein Reynolds asked Town Attorney Levin's opinion whether it is a conflict of interest for the Buckley's to push the issue of the removal of the power lines. Mr. Levin will prepare a response for the next meeting. Councilor Peter Buckley asked Mr. Levin to also research if there is a conflict of interest when the Reynolds Corporation gets contracts from the Town of Avon. Other Business: Councilor Peter Buckley stated that he felt the logo issue is silly and a waste of time. Mr. Buckley then stated that in response to the gondola survey, he is the only Councilmember thus far to complete and turn in the survey. He encouraged the rest of the Councilmembers to complete and turn in the survey. Regular Council Meeting May 8, 2001 Consent Agenda: a.) Approval of the April 24, 2001 Council Meeting Minutes b.) Eagle River Bike Path Change Order c.) Appointment of Planning & Zoning Commission Members Councilor Brown motioned to approve the Consent Agenda. Councilor McDevitt seconded the motion. The motion carried with Councilor Peter Buckley abstaining from the vote. There being no further business to come before the Council, Councilor Brown motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 6:33 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting May 8, 2001 FINANCIAL MATTERS May 17, 2001 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update I Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:5/2/01 For: April, 2001 Page1 of 2 Permit Purpose: Expand SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $331,523.74 # of Bldgs: 2 # of Units: 2 Permit Charges: $4,833.09 Permit Purpose: New SF Residential Public: # of Bldgs: # of Units: Private: 1 # of Bldgs: 1 # of Units: 1 Construction Value: $.00 Permit Charges: Construction Value: $300,000.00 Permit Charges: $.00 $4,236.81 Permit Purpose: Repair/Remodel Comm/Indust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $5,000.00 # of Bldgs: # of Units: Permit Charges: $277.10 Permit Purpose: Repair/Remodel SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $32,000.00 # of Bldgs: 3 # of Units: 3 Permit Charges: $671.36 Permit Purpose: Tenant finish Permit Tally Printed:5/2101 Page2 of 2 For: April, 2001 Permit Purpose: Tenant finish Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $120,524.00 # of Bldgs: # of Units: Permit Charges: $2,638.55 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 9 Construction Value: $789,047.74 # of Bldgs:6 # of Units: 6 Permit Charges: $12,656.91 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2001 Purchaser Name Witte Eagle County Title Eagle County Title Eagle County Title Eagle County Title Eagle County Title Eagle County Title Brownlee Thul Holdings Inc Peterson/Stoltz National Exchange Service Horton Albert/Goguen Eagle County Title Eagle County Title Douglas Harry Christianson Trust Sowers/Wolff-Sowers Eagle County Title Amount of RETT Property Received $193,095.40 Lot 20 Blk 3 WR $13,000.00 Christie Lodge Timeshares $60.00 Christie Lodge Timeshares $40.00 Christie Lodge Timeshares $25.00 Falcon Pointe Timeshares $1,958.40 Falcon Pointe Timeshares $2,207.20 Falcon Pointe Timeshares $503.90 Lodge at Brookside #305 $5,100.00 Avon Commercial Park 1 NB $3,400.00 Avon Crossing #4208 $1,020.00 Lot 22A Blk 3 WR $12,960.00 998 W BC Blvd #102 $1,700.00 Lot 15 Eaglebend $5,100.00 Christie Lodge Timeshares $1,016.80 Christie Lodge Timeshares $1,982.40 Seasons at Avon #312 $3,700.00 Avon Lake Villas #9 $4,800.00 Lodge at Brookside #110 $6,200.00 Christie Lodge Timeshares $1,293.50 Total through April $259,162.60 1 TOWN OF AVON SALES TAX BY MONTH 1997 96'-97'% 1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% Total5-Yr Change Change Change Change Change % Increase January 377,597.32 13.67% 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 8.11% February 362,516.58 10.86% 378,112.00 4.30% 397,32316 5.08% 397,291.59 -0.01% 401,384.50 1.03% 10.72% March 468,675.51 14.88% 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 7.41% April 265,356.48 4.91% 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% - -100.00% -100.00% May 241,012.56 8.53% 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% -100.00% -100.00% June 313,116.79 5.03% 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% -100.00% -100.00% July 353,101.99 5.37% 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% -100.00% -100.00% August 338,134.48 4.22% 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% -100.00% -100.00% September 319,410.91 5.58% 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% -100.00% -100.00% October 263,685.99 -0.89% 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% -100.00% -100.00% November 339,200.41 18.94% 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% -100.00% -100.00% December 533,904.08 4.86% 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% -100.00% -100.00% YTD Total 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 1,313,012.96 8.15% 77.41% YTD Through March Collections 1997-2001 510,000.00 500,000.00 i 490,000.00 480,000.00 470,000.00 460,000.00 450,000.00 440,000.00 430,000.00 Year Monthly Collections for March 1997-2001 510,000.00 500,000.00 490,000.00 480,000.00 470,000.00 460,000.00 450,000.00 440,000.00 j 430,000.00 1997 1998 1999 2000 2001 1997 1998 1999 2000 2001 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1997 961-97% 1998 97'-98% 1999 981-99% 2000 991-001% 2001 001-011% Total 5 Change Change Change Change Change % Incre January 39,958.27 5.75% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% -10.12% February 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% -6.99% March 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% -12.08% April 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% - -100.00% -100.00% May 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% -100.00% -100.00% June 13,982.39 10.68% 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% -100.00% -100.00% July 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% -100.00% -100.00% August 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% - -100.00% -100.00% September 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% -100.00% -100.00% October 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -1272% 9,139.51 25.92% - -100.00% -100.00% November 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% -100.00% -100.00% December 40,000.05 18.97% 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% -100.00% -100.00% YTD Total 298,67876 7.44% 271,805.77 -9.00% 241,419.70 -11 18% 234,142.22 -3.01% 133,486.94 34.43% 56.56% YTD Through March Collections 1997-2001 160,000.00 140,000.00 120,000.00 100,000.00 80,000.00 60,000.00 40,000.00 20,000.00 Monthly Collections for March 1997-2001 70,000.00 - 60,000.00 50,000.00 - 40,000.00 30,000.00 20,000.00 10.000.00 RESOLUTION NO. 01-10 SERIES OF 2001 A RESOLUTION TO EXPRESS PURPOSE AND INTENT OF THE TOWN OF AVON TO EXTEND TO ITS EMPLOYEES THE OPPORTUNITY TO PARTICIPATE IN THE MEDICARE PROGRAM WHEREAS, it is the express purpose and intent of the Town of Avon to extend to its employees the opportunity to participate in the Medicare Program on as broad a basis as is permitted under applicable State and Federal Law, and WHEREAS, Section 24-53-101, et seq, C.R.S., and Section 218 of the U.S. Social Security Act (42 U.S.C. 418) provide for the governing body of a political subdivision of the State whose employees perform services in positions covered by an existing retirement system established by the State, to request a referendum election to be held by such political subdivision, in this instance to allow the eligible employees to vote on participation in the Medicare-Only portion of the Federal Insurance Contribution Act (FICA) tax; WHEREAS, "eligible employees" are those employees hired prior to April 1, 1986, that have been in continuous employment with the Town of Avon, Colorado, are currently members of the employer-provided retirement system, 401(a) Pension Plan, and are currently not covered for full Social Security; WHEREAS, many of the employees of the Town of Avon, Colorado are performing services in positions covered by the 401(a) Pension Plan; NOW, THEREFORE, be it resolved by the Town of Avon that the Town of Avon, Colorado is hereby authorized to pursue and hold a referendum on the question of whether eligible positions covered by the 401(a) Pension Plan should be included under a "Medicare-only" coverage plan submitted by such political subdivision. ADOPTED THIS 22nd DAY OF MAY, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kristen Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Anne Martens, Engineer I Date: May 17, 2001 Re: Nottingham Road Bike Path Change Order 1 Summary: Attached Change Order 1 for the Nottingham Road Bike Path Project represents minor changes required to conform with Colorado Department of Transportations agreement to permit construction within their Right-of-Way. Change Order Number 1 is for the installation of a plastic safety fence to delineate the construction area from the I-70 trail lanes, modifications to an existing 30" CMP, installation of inlet protection on a 84" CMP and the revised alignment of the bike path section to increase the distance from the 1-70 on ramp. The cost of the Change Order is to increase the contract amount by $10,856.40. The net effect of this Change Order is to increase the Contract Amount from $ 650,056.00 to $ 660,912.40. This change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. Approved Project Budget Protect Costs Construction Contract $650,056 $ 650,056 Change Order No. 1 $ 10,856 Design $ 30,000 $ 30,000 Contract Administration / Testing $ 32,500 $ 30,915 Administration $ 2,500 $ 2,500 Contingency (10%) $ 71,444 $ 62,173 Total Construction Budget $786,500 $ 786,500 Approval of Change Order 1 to the B & B Excavation, Inc. contract for construction of the Nottingham Road Bike Path is recommended, increasing the Contract amount $ 10,856.40 from $ 650,056.00 to $ 660,912.40. I:\Engineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.5 Change Orders\CO Memo I.Doc Recommendations: Approve Change Order 1 to the B&B Excavation, Inc. contract for construction of the Nottingham Road Bike Path, increasing the Contract amount $ 10,856.40 from $ 650,056.00 to $ 660,912.40. Town Manager Comments: I:\Engineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.5 Change Orders\CO Memo I.Doc 2 CHANGE ORDER Order No Date: 4-12-01 Agreement Date: NAME OF PROJECT: Nottingham Road Bike Path OWNER: Town of Avon CONTRACTOR: B&B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: Revise Section 02930, 2.01 B of the specifications as follows: delete the Native Grass Seed Mix and replace with a mix of 20% each of San Luis Slender Wheat Grass, Covar Sheep Fescue, Canada Bluegrass VNS, Arriba Western Wheatgrass, Bromar Mountain Brome. Revise the plans as follows: Add 47401.f. orange plastic safety fence placed 30' minimum from the edge of travel lane on Interstate 70. No material storage, office, construction entrance, potty, etcetera shall be located between the safety fence and Interstate 70. Cut off the existing 30" CMP right of about Sta. 37+86, remove and dispose of the old pipe, and install new 30" end section. Revise the alignment and grading for the bike path between Sta 39+09.81 and 42+56.07 as indicated by revision 1 of the plans. Add inlet protection (1 ea.) at the 84" CMP crossing below I- 70 west of the project area. Justification: CDOT Comments. Change to CONTRACT PRICE: $ 10,856.40. Original CONTRACT PRICE: $ 650,056.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 650,056.00_ The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_10,856.40 The new CONTRACT PRICE including this CHANGE ORDER will be $_660,912.40 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by 0_ calendar days. The date for completion of all work will be (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Gam? Accepted and Approved by Owner: Federal Agency Approval (where applicable): ITEMIZED ADJUSTMENTS TO BID SCHEDULE NOTTINGHAM ROAD BIKE PATH - CHANGE ORDER 1 QUANITIY UNIT UNIT TOTAL PRICE COST 4.0 PATH 4.6 Install New Pipe g. Install New 30" CMP End Section 1 EACH $734.00 $734.00 4.11 Orange Plastic Safety Fence 4,740 L.F. $2.11 $10,001.40 5.0 LANDSCAPING AND EROSION CONTROL 5.1 Erosion Bale Inlet Protection 1 EACH $121.00 $121.00 SUBTOTAL $10,856.40 TOTAL: NUMBERS This change order is a lump sum price adjustment. The itemized quantities and unit prices are for computing partial payment quantities and determining extra costs or credits resulting from changes to the work as indicated in Article 11 of the General Conditions ONLY. The ONTRACTOR shall satisfy himself as to the character, quality and quantities of work to be performed, materials to be furnished and as to the requirements of these contract documents before submitting a QUOTE. 00-0037E 1 Bid Schedule-Additions-C01 vrr a-tl_t O InC--Itnv Location 7-c k, MESSAGE To: - Subject: 7TT--e I eK .? frl G1 t r 13 Ex C r, va v f f e c' ??.. ? G s?r a Date: v f> tr/? Gi cal ' J" LL ? ki- 6-0 9:? ?,/Y r ke r c &L re v e- " f Z ' 17 "-r-1,V r e-. Le L, 4- a h ed q- - t7 :1- t e" Zk- Ak- v signed ZS (J me REPLY To: Date: l Signed / Tito ??,??rr+ Z.mngwa urarnmm rr: copyr?knonoarobwon: Previous editions may be used until supplies are exhausted CDOT Form #1o5 While - Original e - Contractor Canary - Respondent's life Canary - Region Construction/Resident Engineer Pink - Originator's fib Pink - Project Engineer FROM Tcrrd3dn Irc I C 1 ! I u; r cc tr, ?w 1 ? r Tt, FAXI NO. ?Gi3?3':1c1? Apr. !tom :???_ Ei^ i-;!=H P= I ; J 11 ? ? Q 1 •, I f JJ ,,7? ? l+ O X IIa t Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer A Anne Martens, Engineer W" Date: May 17, 2001 Re: Nottingham Road Bike Path Proposal / Inter-Mountain Engineering, Ltd. Construction Contract Administration Services Summary: The attached Proposal for Construction Contract Administration Services for Nottingham Road Bike Path was submitted by Inter-Mountain Engineering, Ltd. The proposed services would include daily observations of construction activities, review of traffic control plan and implementation, coordination of materials testing, review and evaluation of potential corrections and changes, coordination of construction progress meetings, measurement and documentation of quantities for payment, review of pay requests, and other related activities as required for efficient administration of a construction project. The estimated cost of these services is not to exceed $30,915 without prior written approval. The actual cost of these services is somewhat dependent upon the Construction Schedule. The cost of these services has been included in the Approved Project Budget. Approval of the Inter-Mountain Engineering, Ltd. Proposal for Construction Contract Administration Services for Nottingham Road Bike Path with an estimated cost not to exceed $30,915 without approval is recommended. Recommendations: Approve the Inter-Mountain Engineering, Ltd. Proposal for Construction Contract Administration Services for Nottingham Road Bike Path with an estimated cost not to exceed $30,915 without prior written approval. Town Manager Comments: IAEngineering\CIP\Nottingham Road Bike Path\2.0 Contract Services\2.8 ntract Admin\2.8.3 Service Contract\Memo Prpsl Aprvl.Doc 1 A rA i-. ter-Mountain ng ineering Ltd. May 15, 2001 Mr. Norman Wood Town of Avon P.O. Box 975 Avon, CO 81620 Via: Delivery RE: Nottingham Road Bike Path Construction Services Dear Norman: We appreciate the opportunity to submit the following proposal for construction services in connection with the Town of Avon's Nottingham Road Bike Path project. We feel that we are uniquely qualified for this work due to our solid working relationship with Town staff, our familiarity with the project, and the fact that we are a local firm with extensive experience designing and building projects of this size and scope. Over the years, IME has successfully completed many similar projects for the Town and other clients. We are familiar with Town expectations, which will help lead to a successful project team and a superior product. Plus, we feel that being local is a significant asset that will allow us to be more responsive to the Town's needs during construction. Specific personnel dedicated to this project: Sandra E. Mendonca, P.E., will serve as the project manager. Fred Tobias, P.E. will assist her in this role and may also perform some project engineer duties. Bob Yost, E. I., design engineer, will perform the majority of the field observations. Dale Hope, Construction Quality Control Manager, will support them as necessary to fulfill the project requirements. II. General Conditions: The enclosed General Conditions are incorporated into and made a part of agreements for services by IME. 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 Mr. Norman Wood Proposal - Construction Administration - Nottingham Road Bike Path May 15, 2001 Page 2 III. Scheduling services: Our normal hours of business are 8:00 AM to 5:00 PM, Monday through Friday (excluding holidays.) We request that services be scheduled 24 hours in advance during regular business hours and by 5:00 PM Thursday for services to be provided over the weekend. Work scheduled by the client outside of normal business hours is charged at a rate 1.5 times our standard charges. While we expect that our services will be scheduled in advance, we understand that there will be a need to provide construction observation with no notice from time to time. We can generally accommodate these requests, providing services within a few hours. There will be no surcharge for services requested without proper notification, providing that such requests are infrequent. IV. Fees: Due to the unpredictability of the actual scope of construction services required for any given project, we generally perform this type of work on a time and materials basis. A copy of our fee schedule is attached. have included a spreadsheet with a tentative breakdown of the time (and associated, estimated fees) that will be devoted to various aspects of the project. This schedule and our proposal are based on a total construction period of 90 calendar days, per the contract documents for the project. Copies of H-P Geotech's proposal, fee schedule, and terms and conditions for materials quality assurance services is enclosed. We understand that you do not perceive a conflict of interest in H-P Geotech's performance of quality control testing on behalf of the contractor in addition to performance of quality assurance services on the Town's behalf. Accordingly, H-P Geotech has indicated that the time required for oversight and review of the contractor's QC testing (which would be redundant, as they would be conducting this review as part of their in- house QA of the work conducted for the contractor) would be reduced in this event. Finally, please note that the final abutment design is indicated under reimbursable charges; however, IME may choose to perform this work in- house under the direction of William Sightler, P.E., our structural engineer. We will not exceed the estimated project total of $30,915.00 without prior authorization from the Town. Mr. Norman Wood Proposal - Construction Administration - Nottingham Road Bike Path May 15, 2001 Page 3 Basic Construction Services IME staff will provide construction contract administration services including: attendance at a pre-construction meeting and assistance with the meeting minutes, review and evaluation of required submittals, final abutment design, field visits to observe and document the contractor's work, review of the contractor's work for conformance with plans and specifications (including collection of the contractor's quality control test results for concrete, fills, sub- grade, base and pavement), attendance at progress meetings, evaluation of changes and corrections requested during construction and drafting change order recommendations for the Town's approval, review of the contractor's work schedule, evaluation and forwarding the contractor's pay requests (with a recommendation for payment) to Town staff. Required submittals include, but are not necessarily limited to, the following: • Construction schedules: initial (within 1 week to 10 days of Notice to Proceed) plus monthly with payment applications • Traffic Control Plan completed by an appropriately certified individual (which will be forwarded to CDOT for approval) • Construction Access and Site Plan (which will be forwarded to CDOT for approval) • List of subcontractors and suppliers w/ experience statements • MSE wall design • Manufacturers Specifications/Cut Sheets and/or conformance statements for specified and/or alternate products such as irrigation systems, landscape and plant materials, drainage pipes, grates, frames, covers, pre-cast concrete structures • Asphalt Mix Design • Concrete Mix Design • Samples of fill, bedding, and base materials (and gradation curves if required by the geotechnical engineer) to the geotechnical engineer • Shop drawings and/or production schedules for the bridge, irrigation system, pedestrian/bicycle railing, MSE walls (including material and color samples where required) • Test Results (ex: mill test reports for structural steel, concrete cylinder tests, compaction test results, etc...) Extra Services Materials quality control or quality assurance testing is not included in the basic scope of services under this proposal. Quality control testing is the responsibility of the Contractor. H-P Geotech, will be available to perform any necessary quality assurance testing, when necessary, at the rates presented in their enclosed fee schedule. Mr. Norman Wood Proposal - Construction Administration - Nottingham Road Bike Path May 15, 2001 Page 4 If it appears as though claims may arise as a result of work on the project, IME will document information related to the potential claims. However, such work is considered an "extra" and the fees for performing this work are not included in the basic services. The work will be billed at the hourly rates presented in our enclosed fee schedule. We look forward to working with the Town toward a successful project. Sincerely, Sandra E. Mendonca, P.E. cc: Tom Westhoff, H-P Geotech ME OFFICEUME PROPOSAMPROP TOA NOTT RD BIKE PATH CONST ADMIN 0 n Inter-Mountain Engineering Ltd. PROFESSIONAL FEE SCHEDULE January 1, 2001 PROFESSIONAL FEES: Principal Engineer $120.00/hr Senior Engineer 90.00/hr Project Manager 85.00/hr Project Engineer 75.00/hr Design Engineer 65.00/hr 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 50.00/hr 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 D4318) $ 50.00 Atterberg Limits (three point method) (ASTM D-4318) 125.00 Grain Size Analysis: - A 11/i' 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: 303/948-6526 77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 9 Phone: 970/949-5072 • From Denver Direct: 893-1531 Natural Moisture and Density $20.00 Unconfined Compressive Strength (ASTM D-2166) 75.00 Standard Proctor Density Test (ASTM D-698) $ 90.00 Modified Proctor Density Test (ASTM D-1557 $100.00 One Point Proctor $50.00 Concrete field test (sampling, slump, unit weight, air content, temperature, & cylinder fabrication) $ 50.00/hr Concrete compressive strength tests (includes $15.00/cyl cylinders held and not tested) Laboratory preparation of samples, remolds, etc. $ 50.00/hr Mileage @ $0.40 per mile Scheduled overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. W nlnter Mountain nVneeringLm. General Conditions THESE GENERAL CONDITIONS ARE INCORPORATED INTO AND MADE A PART OF AGREEMENTS FOR SERVICES BY INTER-MOUNTAIN ENGINEERING, LTD. 1. Responsibilities of Inter-Mountain Engineering. Ltd.: A. IME will perform professional engineering and/or professional surveying services as specified under "Basic Services" and when authorized, "Additional Services". 11. Responsibilities of Client: A. Provide all criteria and full information as to the requirements of the project. Furnish all appropriate tests, reports, and surveys not included in Basic Services. A Title Insurance policy shall be provided when a survey is included in Basic Services. IME shall be entitled to rely upon the accuracy and completeness of such information. B. Render approvals and decisions as expeditiously as necessary for the orderly progress of IME services. C. Give prompt notice to IME of any development that affects the scope or timing of its services. D. Coordinate the work of IME with that of others. E. Give complete and careful consideration to services and recommendations provided by IME. F. Provide "Right of Entry" for IME and all necessary equipment. IME will take reasonable care to reduce damage to property, however, it is understood that in the normal course of work, some damage will occur, the repair of which is not part of this agreement. G. Delineate the location of all utility lines and subterranean structures within the property. IME shall not be responsible for damage resulting from their incorrect location. Ill. Compensation: A. IME shall submit invoices to client monthly and a final bill upon completion of services. Invoices are due upon presentation, and past due 30 days after the invoice date, client agrees to pay a service charge of 1 3/4 percent per month on past due accounts. B. If it becomes necessary to enforce collection, client agrees to pay all costs of collection, including attomey's fees. C. It is understood that estimates of professional fees are based upon the preparation of designs, reports, or surveys for a single design concept or site plan, and that charges to that concept or additional engineering required by governing agencies (except normal "Redlines') shall constitute an increase in the scope of services. Additional Services ("Additional Services") shall be billed at the normal billing rates for the individuals assigned to the work. I' Additional Services will be provided without prior authorization. N. Standard of Care. A. Services of IME under this agreement will be performed in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the locality of the project. B. Approval by governing agencies of maps, plans, designs or reports prepared by IME shall constitute compliance with this standard. C. IME liability for damages to client arising from negligent acts, errors or omissions, will be limited to an aggregate amount not to exceed $50,000 or the total fee under this agreement, whichever is greater. This limitation shall apply to IME, its officers and employees. V. Ownership of Documents: A. All reports, drawings, specifications, notes and other documents prepared by IME in the course of providing services are instruments of service and shall remain the property of IME. These documents are not intended to be suitable for reuse on extensions of this project or for use on any other project. Documents shall not be altered in any manner without the permission of IME. W. Construction: A. Client agrees to require the construction contractor to assume sole and complete responsibility for the construction of the project including the safety of persons and property and the means, methods, techniques and sequences of construction. Client agrees to indemnify and hold harmless IME from any liability arising from the construction of the project, except liability arising directly from the negligence of IME. B. If IME is not providing services during the construction process, client hereby agrees to contact IME if construction documents are unclear or if errors or discrepancies are discovered. IME shall not be liable where client and/or contractor makes his own interpretations of and/or revises the intent of the construction documents and desico^ drawings. C. If construction observations are provided, the term "Observation" implies only that IME would observe the progress of the contractors work, and perform tests, from which to develop an opinion as to whether the work essentially complies with the job requirements. Our efforts shall be directed at providing the client with a greater degree of assurance that construction is proceeding in accordance with project requirements. The presence of IME representatives will be for the purpose of providing observation and/or testing. IME work does not include supervision or direction of actual work of the contractor, his employees or agents. Neither the presence of IME representatives or their observations or testing shall excuse the contractor in any way for defects discovered in his work. D. Any opinions of project cost rendered by IME represents it's best judgment and are fumished for general guidance. IME makes no warranty as to the accuracy of such opinions as compared to bid or actual costs. VII. Soils and Materials Testing: A. Client recognizes that subsurface conditions may vary from those encountered at the locations where explorations are made, and that data, interpretations and recommendations made by IME are based solely on the information available to it. B. Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or near the project site and has informed IME of any information or findings relative to the possible presence of such materials. Should unanticipated hazardous material be discovered in the course of the performance of services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require IME to take immediate measures to protect health and safety, Client agrees to compensate IME for costs incident to taking such measures and for any equipment decontamination required. IME agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold IME harmless from any and all liability arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials. C. IME will discard samples 30 days after submission of reports on those samples. IX, Insurance: A. IME and it's employees are protected by insurance which meets or exceeds statutory requirements for Workman's Compensation, Public Liability, Property Damage and Professional Liability. Certificates evidencing coverage will be provided upon request. IME shall in no event be responsible for any loss or damage beyond the amounts, limits and conditions of such insurance. X. Miscellaneous: A. This agreement shall be governed in accordance with Colorado law. B. Services are for the exclusive use of the Client for this specific project. These services are not to be relied on by others without the specific authorization of IME. C. Neither party shall assign or transfer any interest in this agreement. D. This agreement may be terminated by either party upon 7 days written notice to the other, in which case IME shall be paid for all services provided up to termination, plus all additional cost incurred by IME due to said termination. Gec?tecr, May 14, 2001 Inter-Mountain Engineering Ltd. Attn: Sancti Mendonea P.O. Box 978 Avon, Colorado 81620 FAX No. (970) 949-9339 5020 County Road 154 Glenwood Sprints, Colorado 51601 Phone: 970-945-7988 fax: 970-945-8454 Ii1,eo(olipaeorech.com Subject: Proposal for Construction Quality Assurance Services, Proposed Nottingham Road Bike Path, Avon, Colorado Dear Sandi: We are pleased to submit this proposal to provide construction quality assurance services for the subject project. This proposal is based on our phone conversations with your office and our experience in the area. Plans and Specifications for the project were received in our office today - Project Background: We understand from our discussion that the project will involve earthwork, aggregate base course and asphalt paving for about 4,650 lineal feet of new bike path. Construction is expected to be complete within 90 calendar days of the notice to proceed. The contractor is responsible for providing quality control (QC) testing during construction. Oversight and review of the contractor's QC testing will be required. The Town of Avon may also require quality assurance (QA) testing and observation during construction. Proposed Scope of Work: We propose to provide oversight and review of the contractor's QC test results to assure that the specified test procedures and frequencies are followed. If requested, we will also be available to perform QA testing of earthwork and asphalt paving as directed by the client or his designated representative. We will present the results of construction QA observations and testing in daily reports. This proposal is based on the assumption that we are not also providing the contractor's QC testing. Should we be selected to perform both the QC for the contractor and QA services for the Town, the required time for oversight and review of the contractor's QC testing would be reduced substantially due to the combining of redundant services. Cost: The total cost to perform. the proposed scope of work will depend on the actual construction schedule and the amount of work we are requested to perform. Field time and mileage incurred is billed portal-to- portal from our Glenwood Springs office, and split among other projects visited in the area for part-time services when feasible. The fees will be based on the unit costs and other costs presented in our current fee Schedule. Our 2001 Fee Schedule is attached. For this cost estimate, we have projected 4 hours per wcck for oversight and review of the QC testing and three technician site visits for quality assurance testing and observation. The cost estimate amount is valid for the described work scope Inter-Mountain Engineering May 14, 2001 Page 2 and will not be exceeded without justification and prior authorization. A breakdown of our estimated fees for the anticipated work is shown in the following table. QC Oversight and Review Cost Estimate Description Quantity Technician Regular Time 12 QC Oversight & Review 52 Word Processing 4 Vehicle Mileage 360 Total Estimate Unit Rate Extension hours $45.00 $540.00 hours $70.00 $3,640.00 hours $42.00 $168.00 miles $0.45 $162.00 $4,510.00 Acceptance: If this proposal meets with your approval, please sign a copy and return it to us. Thank you for the opportunity of submitting this proposal. We look forward to working with you. If you have any questions, please contact the undersigned. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. 4, Thomas J. Wes off TJW/ Attachment: Construction Observation and Testing Fee Schedule Accepted this date: by Signed Czi?ZP?CI"l upeawcoo apnngs, %..oioracio a i ov i Phone: 970-945-7988 Fax., 970-945-8454 e-mail: hpgeo@hpgeotech.COm FEE SCMDULE GLENWOOD SPRINGS CONSTRUCTION OBSERVATION AND MATERIALS TESTING CONSTRUCTION OBSERVATION Field Technician -Snits, Concrete, Asphalt. Masonry, Fireproofing ................. $45.00 to $55.00/hour field Technician - Piers. Piles ......................................... S55.(X) to $65.001hour Overtime (Over 8 hours per day, Saturday, Sunday and Holiday,) ................ 1.5 x standard hourly rate Supervisor ...................................................... $6010 to S70.001hour Engineer (Staff to Senior l,.ever) ....................................... $65.00 to 5105.00/hour CAD/Drafting ..........................................................555.00/hour Word Processing ......................................................... 542.001hour LAAORATORY TESTING sons moisture Ctmtent (ASTM D-2216) .......... $ 8.00 Moisture and Density (Liner Sample) ......... 14.00 Atterberg Limits (ASTM 0-4318) ..... , ..... 60.00 Swell-Consolidation (Std. 3 Points) .......... 70.00 Unconfined Compression (ASTM D-2166) ..... 60.00 Specific Gravity (ASTM D-854) ............ 70.00 Gradation Analysis (ASTM D-422) a. 3" through #200 Sieve .............. 75.00 b. 3" through #4 Sieve ................ 30.00 c. #4 through #200 Sieve .............. 45.00 d. Percent less than #200 Sieve .......... 25.00 c. Hydrometer Analysis ............... 70.00 Standard Proctor Compaction (ASTM D-698) .. 100.00 Modified Proctor Compaction (ASTM D-1557) 110.00 a. One Point Check .................. 45.00 Hveem Stabilwtwtcr 'R' Value ............ 300.00 ASPHALT Oil Content Only (ASTM D-2172) .......... $90.00 Oil Content/Gradation (ASTM D-2172 and ASTM C-136) ....... 140.00 Marshall Test -Three Specimens (ASTM D-1559) (Sample Preparation, Unit Weight, Stability. Plow) ................... 135.00 Asphalt Coring, includes Technician ...... 85.00/hour Specific Gravity, Bulk (ASTM D-1188 and D-2726) ............ 20.00 Maximum Theoretical Spec. Gr. (ASTM D-2041) . 60.00 CONCRETE - MASONRY Cylinder Compression Teet 4"x8" ......... $12.00 Cylinder Compression Test (ASTM C-39) 6"x12" . 16.00 Contractor Cast Cyfindcrs ........... ... 20.00 Masonry Grout Compression Test, including Coring and Trimming ....... 30.001care Monar Cube Compression Test ......... ... 12.00 Masonry Prism Compression Test a- Hollow Cell .................. ... 85.00 b. Grout Filled .................. ... 95.00 Cuncrttt Coring (ASTM C-42) includes Tcc:hnician ............... 85.(X)/hour Sample Preparation ................. 45.00/hour Unit Weight (4" or 6" Cylinder - Dry) ..... ... 15.00 Cctnent Mortar Cube, Compressive Strength, Set of 6 (ASTM C-109) ............ .. 120.00 AGGREGATES Moisture (content (ASTM D-2216) .......... $ 8.00 Gradation, Large Pit Run Samples ........ 45.00/hour All Standard Sieves to #200 Sieve (ASTM C-136) a. Coarse Aggregate 3" through #8 Sieve .... 35.00 h. Amount Finer #200 (ASTM C-117) Coarse Aggregate ............... 20.00 c. Fine Aggregate (with #200 Sieve) ....... 45.00 Clay Lumps and Friable Panicles (ASTM C-142) Coarse or Fine Aggregate .............. 35.00 Fractured Faces, Coarse Aggregate (Colorado Procedure 45) ............... 55.00 Specific Gravity. Bulk and Apparent a. Coarse (ASTM C-127) .............. 40.00 b. Fine (ASTM C-128) ................ 60.00 FIREPROOFING Density (ASTM 1605) ................. $25.00 Bond Test (ASTM E-736) ................ 21.00 MISCELLANEOUS TESTING Laboratory Technician .............. $45.(X)Ihour Field Laboratory .......... Quotation Upon Request OTIIfrR DIRECT CHARGES Auto or Pickup ........... $35.00/day + S.45/mile 40 Pickup .............. $75.00/Jay i• $.60hnile Out of town living expenses, commercial travel costs, equipment rental, frei pht, etc. ......... Cost + 20% Special Testing ................... Cost + 20% REMARKS Technician rates include nuclear gauge or other typical rield equipment and are charged portal to.portal. A 24-hour notice is rtxNuested for scheduling of field service. Proposals for specific projects available upon request. The prices listed abnve include up to three copies of the report. 1.5% per month interest charged after 30 days from invoice date plus collection costs :rod reasnnabin attorney's fees. Tailu Am CiW341(i a On Uwk el"V. JOUNY 1.2001 TERMS AND CONDITIONS STANDARD 01 CARE: Services performed by 141=PWORTI4-PAWLAK GEOTE.CHNICAL, INC. (referred to as HP GEOTECH) under this Agreement will he conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing undor similar conditions in the same locale. No warranty, express or implied. is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The clicnr recognizes that subsurface conditiows may vary from those encountered at the location whcac borings. tests or explorations are made by HP GEOTECH and. that the data, interpretations and recommendations of HP GEOTECH are based solely upon the data available to HP GEOTECH. HP GEOTECH will be responsible for those data,, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. LIMITATION OF I,IAI3tI.iTY: 7'he cliem agrees to limit HP GEOTECH and its employees, directors, officers and sttbconsultants liability co the client arising from or in any way rultacd to the Project or the Agreement including professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of HP GEOTECH. including reasonable attorney's fees and expert witness' fees, to all those named shall not exceed $50.000 or HP GEOTECI•I's total fee for the services rendered on this Project. whichever is greater, and client hereby releases HP GEOTECH and its employees. directors, officers and sulx:onsultants from any liability above such amount. SITE ACCESS: Unless otherwise agreed, the client will furnish HP GEOTECH with right-of-access to the site in order to conduct the planned exploration. While Ill? GEOTECH will take reasonable precaution to limit damage to the property, it is understood by the client that in the normal course of work some damage [nay occur, the restoration of which is not part of this Agreement and shall not be the obligation of HP GEOTECH. Unless otherwise agreed, the client will secure all necessary approvals, permits, licewes and consents necessary to the performance of the services hereunder. UTILITIES: In the performance of its work, HP GEOTECH will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold TIP GEOTECH harmless and indert[nify HP GEOTECH for any claims, payments or other liability, including attorney's fees and costs, incurred by HP GL•OTECI-i for any damages w subterranean structures or utilities which are not called to HP GEOTECH's attention and correctly shown on the plans furnished to HP GEOTECI4. UNANTICIPATED HAZARDOUS MATERIALS- It shall be the duty of the owner, the client, or their representative to advise HP GF.OTIECH of any known or suspected hazardous substances which may exist on or [tear any premises upon which work is to be performed by HP GEOTECH's employees, agents or subcontractors. If HP GEOTECH observes or suspects the existence of unanticipated hazardous rnaterials during the course of providing services, HP GFOTL• CI I may at its option terminate furthcr work on the project and notify client of the condition. Services will be reswned only after a renegotiation of scope of services and fees. In tlx: event that such renegotiation cannot occur to the satisfaction of I I P GEOTECH, HP GEOTECH may at its option terminate this contract. INVOICES: FIP GEOTECH will submit invoices to the client monthly and a final bill upon txnnpletion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice dale. Client agrees to pay a finance charge of one and one half percent (1 'h%) per month on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney's fees incurred by HP GEOTECH relating to collection procedures on overdue accounts. OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data. CHICUlations. estimates and other documents prepared by HP GEOTECH as instruments of service, shall remain the property of HP GEOTE-CH unless there are other contractual agrcumenes. SAMPLES: HP GIiOTECH will retain all soil and rock samples that are transported to Ill? GEOTECH's laboratories until submission of the project report. Further storage or transfer of samples can be mace at client'K expense upon written request. DISPUTE RESOLUTION: All claims, disputes and other matters in controversy between HP GF.OTEC:H and client arising out of or in any way related to this Agreement will be submitted to 'alternative dispute resolution' (ADR) such as mediation and/or arbitration, before and as a condition prceccknt to other remedies provided by law. If and to the extent client and HP GEOTECH have agreed on mctlrtxls for resolving such disputes, then such methods will be set forth in the 'Alternative Dispute Resolution Agreement" which, if attached, is incorporated and made a pan of this Agreontent. Ifa dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: 1) The claim will be brought and tried in judicial jurisdiction of the court of the county whcrr HP GF.OT1rCH's principal place of business is located and client waives the right to remove the action to any ocher county or judicial jurisdiction, and 2) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time. cowl costs. attomey's foes. and ocher claim related expenses. January. 2000 TOTAL P.04 _ N r O N O w W ? 0 J 0 0 4 L N e- d O u-) C ? 2: O N cn O LO ca O 0 o C C W O v C Q U i W M ? N c9 O p O U o ? c) r o ? :c a ? ? as C O m c 0 E oM c 0 Z w J D 0 W 2 U co w W U- 0 W F- Q 1- N W ?i FPM •C O O O 0 0 O O O O o O O O O O O O O O O O O O O O O 6 0 0 0 0 O O O O O ui O un co co Ln to d N LO LO co rn co I J rn N N to -- co O co r- Q N N e- Q) N e- ?- N r O F- E9 fA) 6% t? FR 6R GP- 69 69 tR tf3 EA tf3 h- ~ ~ ~ } O O O O O > w ? ; w w w V co U) U) N y a a a a J 0: U. W O Z t • ai .Z e y C Q Q ? L a c Z o ayi O1 _ ~ Q1 W C C N ? t d Y O a+ g c g w Q ', N c'1 a` $' N Q j ` U) ? ' U p C rn oZi o.. Si V W y N C ,tu y a d p O U jA C N O C d U yy o a v o N o co o c V a `? m F- ? m ? vyi - op , V) N O O O .F CL) cc 2-Za CD a w M c V) o C U O O Y 0 7P O c 0 N CD d N C O u C O U Z a Y m tc O I W J W U co W W LL ? w a y W O O O O O O O O O i N 0) M c co It N co I- ti Q N cl 6co. O H <fl Ei} tf? iA J J J J ? W Q > LU cm w V _ N ? U = 2 2 2 2 PL a a a i O O w o N ? ? N K N D W L L W L O Z Z E co O CV (O (9 an W W K 0 D V 0 oo $ $ $ $ o0 Q Z t V V O v to v `Q' cv N O m M w w K K fif) F- ? w o H w w z r - co a o °) S o 0 U3 0 0 ? n. w CO w W t U Q w F' o o E a a oo N co Ix U V Q co a K " v> V> 6% 0 R C J E .= F_ E o w N N W _ Y U d ° w m H y m ' a r- 2 V O .a N CD d C 0 O C G E T M IL G U F C al c O J an U d O C t c, :°. N L c = N E aNi O U c o ,6 o U Q d N a v? m U E 0 m 0) Q o? a o 0 s > ? o d o 1 a>i m c o. d W a m d d ? o m 0 w 0 c > 0 w ii o.. 2 LL co a O Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer Anne Martens, Engineer Date: May 17, 2001 Re: 2001 Street Repair and Improvements Award of Construction Contract Summary: Bids for 2001 Street Repair and Improvements were received May 11, 2001. Grand River Construction, Inc. submitted the Low Bid of $46,131.65. This compares with the Engineer's Estimate of $49,362.00. It is recommended that the contract be awarded to Grand River Construction, Inc. based upon their Bid of $46,131.65. Discussion: Three Bids were submitted in response to the Advertisement for Bids for 2001 Street Repair and Improvements. Grand River Construction, Inc. submitted the Low Bid of $46,131.65. The Engineer's Estimate was $49,362.00. Street Repairs and Improvements for 2001 consist of a milling, leveling and a 2-inch asphalt overlay on West Beaver Creek Boulevard between Sun Road and Benchmark Road. This will tie into the widening of West Beaver Creek Boulevard to be completed by the developers of Lot C. Other bids were received from Elam Construction, Inc. and B & B Excavating, Inc. Elam Construction, Inc. bid was $55,199.00 and B & B Excavation, Inc. bid was $46.325.00 for the 2001 Street Repair and Improvements. Attached is a Tabulation of the Engineer's Estimate and Bids Received. It is anticipated that the full amount of the 2001 Street Repair and Improvements Budget will not be expended and the final project cost will be determined with final quantities used. It is recommended the Contract for the 2001 Street Repair and Improvements be awarded to Grand River Construction, Inc. Construction Testing Contingencies Total Estimated Cost Proposed Protect Budget $ 46,131.65 $ 2,000.00 $ 10,000.00 $ 58,131.65 The total Street Improvement funds available per the 2001 Budget is $108,063.00. Financial Implications: The Grand River Construction, Inc. Bid of $46,131.65 is within the 2001 Budget for this work. Recommendations: It is recommended that a contract for 2001 Street Repair and Improvements be awarded to Grand River Construction, Inc., based upon their Total Bid of $46,131.25. Town Manager Comments: I:?Engineering\C Mtreet Improvements\2001A ontrucbon Docs\4.2 Bid Documents\AWard of Contractdoc N F- Z w w O H a ? Z CD O Q Z Q Z o < LL- W C) O 0- z 0 ' O F- m co ? w w F- c N G r 0 O N J CD o CD o C) O CD o C> 0 0 CD ~ c; Lo r- - O C5 0 C; C) N CD f0 0 O O M O to CV) O - M . y e4 ? 64 604 EA 69. d?4 W N i. N o? 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