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TC Council Packet 05-14-2002Town Council Meetings Roll Call Check Sheet Date: A.?J' \? ,'ao?" Michael Brown C FT Debbie Buckley J QS ?? ``? Peter Buckley -0 R4-04 Mac McDevitt Buz Reynolds Judy Yoder J _ Q ? n 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, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: ? Bill Efting Moi Jeff Layman Larry Brooks mi Norm Wood M l b n ITrslas 1 ?[?c ery Jaco s Reb-Reed- ?Jacquie Halbufb-tj Harry Taylor Scott Wright ? Ruth Borne Other Staff 'A3 IATown Clerk\Council\Packets\Council Meeting Check List.doc To: Honorable Mayor and Town Council From: Bill Efting, Town Manager 1? Date: May 9, 2002 Re: Manager's Update Just a reminder that next Thursday, May 16th you will be having dinner with the Vail Town Council at Chaps, which is located at the Cascade Club. Cocktails will be served at 6:00 in the lobby bar followed by dinner. 2. Mike Brown and I will be attending the County Partnership training sponsored by Arn Menconi. 3. Attached is a positive letter concerning Officer Paul Arnold. 4. I will be on vacation in Mexico the week of May 27th and will miss the May 28th Council Meeting. It will be in the very capable hands of Larry Brooks. The Resource Center of Eagle County PREVENTION AND CRISIS SERVICES April 2, 2002 Officer Paul Arnold Avon Police Department PO Box 975 Avon, Colorado 81620 lost Office Box 2558 Avon, Colorado 81620 Dear Officer Arnold, 'hone 970/949-7097 ax970/949-7087 I am writing on behalf of The Resource Center of Eagle County to thank you esource@va va il.net .net esou for your professionalism in handling a recent case of domestic violence. As you know, domestic violence is an epidemic that can only be counteracted by a 'ROGRAMS concerted effort and unified response from all members of our community. By advocates Against Assualt 3uddies working together, I believe we have saved a woman's life. :hildcare Resource t Referral The Resource Center's Advocate Program is here to support you as you work ;ourtwatch with domestic violence and sexual assault victims. Our 24-hour crisis line is 3oARD of DIRECTORS available to victims, their family and friends, and law enforcement to provide eanne Bailey any assistance we can. An Advocate is always available to meet a victim >usan Frampton '. Michael Goodbee and/or officer at a neutral, safe location such as the police station or hospital. ,ynn Gottlieb We can provide referrals, counseling, advocacy in the courts and assist in Jalerie O'Neil Kesler emergency needs such as food, clothing or financial needs. Advocates can oannM. Snow eggy Nicholls provide safehousin$ to a victim and their children. We will meet with victims awrence Pierce-Durance at any point, from the initial crisis incident or anytime thereafter. 3arb Smith 3arbara Treat Please feel free to call me at anytime at 949-7097, or you can always reach an advocate through our 24-hour crisis line: 949-7086. We greatly appreciate the time and dedication you have shown towards assisting victims, specifically our work with case 41? and protecting our community. We look forward to working with you in the future. Sincerely, Adz Meg Park Advocate Program Coordinator cc: Chief Jeff Layman "Peace On Earth Begins At Home" STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD MAY 14, 2002, AT 4 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45 - 4:00 PM 1) Executive Session - Attorney Consultation 4:00 - 4:20 PM 1) Sales Tax Update - (Scott Wright) 4:20 - 4:30 PM 2) Directional Signage - (Bill Efting) 4:30 - 5:15PM 3) Village at Avon (Larry Brooks) 5:15 PM - 5:30 PM 4) 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 ?N OF " ,»•••• -• .•' • TOWN OF AVON, COLORADO IF S E, A 1? BY: c • ...,. ;T• Jerk Q ig POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 10, 2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY IATown C1erk\Counci1\Agendas & Worksessions\Agenda-Worksession.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Directo ;r? Date: May 9, 2002 Re: Sales Tax Collections Summary' Sales Tax. Year-to-date sales tax collections for the Town are down 1.32% from 2001. The Town's general fund budget currently projects a 5% growth in sales tax collections. If collections continue to be flat there will be an unfavorable variance to total estimated revenues for 2002 an amount of $244,507. The unfavorable variance as it relates to the first quarter of this year is $158,594. This amount seems high in relation to the unfavorable variance above because the 1St quarter collections in 2001 were quite good - 8.15% over the 1St quarter of 2000. Vail's March sales tax figures are not available yet, but as a comparison Vail's January sales tax was down 8.1 % and February was down 5.1 % from the prior year. Staff is evaluating expenditures to determine how we might offset this estimated shortfall in revenues and we will report back to Council with our recommendations. Town Manager Comments: wc / W, ) 1 6( C6 .n ,/ b k c lo 7o w I7 ?u,,1G, I Wt "1 ?C<on??"?"?CM 5. f Yk'?S196 vPu?'"" G657?5 C6???17ItC o ti u,. r us . WL need a J? - G( ?l? ,` ti( SOU V< e S Q c s ' U Tax ' C?u? rseCS 6? a "SCOT -? 1 -tic SamE Scvu'cc . S? S is C,?so o.1 5 n ?? c )(ncA , Mc V??S ,`/t'lC p6S:T?b'1S. Page 1 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% 2002 01'-02% Total5-Yr Change Change Change Change Change % Increase January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53% February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92% March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 483,385.43 -3.98% 5.04% April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% - -100.00% -100.00% May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% -100.00% -100.00% June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% -100.00% -100.00% July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00% August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00% September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00% October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00% November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00% December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00% YTD Total 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 4.36% 1,295,669.61 -1.32% 6.40% YTD Through March Collections 1998-2002 1,320,000.00 1,300,000.00 1,280, 000.00 1,260,000.00 1,240,000.00 1,220, 000.00 1,200, 000.00 1,180, 000.00 1,160,000.00 Year Monthly Collections for March 1998-2002 510,000.00 500,000.00 490,000.00 480,000.00 470,000.00 460,000.00 450,000.00 440,000.00 430,000.00 1998 1999 2000 2001 2002 1998 1999 2000 2001 2002 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 981-99% 2000 991-001% 2001 001-011% 2002 01'-02% Total 5-Yr Change Change Change Change Change % Increase January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% February 42,769.24 -5,60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% -4.40% March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46% April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% - -100.00% -100.00% May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% -100.00% -100.00% June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00% July 20,845.64 -2.13% 21,120.57 1,32/a 21,769.19 3.07% 22,567.70 3.67% -100.00% -100.00% August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% - -100.00% -100.00% September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00% October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% -100.00% -100.00% November 10,813.22 -10.72% 7,889.97 -27,03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00% December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00% YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 130,829.45 -1.99% -1.75% YTD Through March Collections 1998-2002 140,000.00 120,000.00 - - -- 100,000.00 ' M' 80,000.00 60,000.00 - 40,000.00 ;I 20,000.00 1998 1999 2000 2001 2002 Year TOWN OF AVON REGULAR COUNCIL MEETING AGENDA May 14, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 5. Resolutions 6. Ordinances a) Second Reading of Ordinance No. 02-06, Series of 2002 - An Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Tax Credits within the Village (At Avon). (John Dunn) Public Hearing b) Second Reading of Ordinance No. 02-07, Series of 2002 - An Ordinance amending Chapter 12 of Title 3 of the Municipal Code of the Town of Avon relating to forms for application for exemptions from the Real Estate Transfer Tax. (John Dunn) Public Hearing 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 April 23, 2002 Council Meeting Minutes b) Metcalf Drainage - Change Orders #2 and #3 C) Metcalf Drainage - Change Order #4 d) Avon Recreation Center Refurbishment of the Locker and Changing Room Project, Change Order #2 e) East Avon Access & Circulation Streetscape Improvements, Change Order #1 f) Turner Collie & Braden, Inc., Proposal for Construction Observation, the Village (at Avon), Filing 2 I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc g) Intergovernmental Agreement for Transportation Services between Beaver Creek Metro District and Town of Avon h) Resolution No. 02-23 Series 2002, Approving the Final Plat, A Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado i) Resolution No. 02-24 - Series 2002, Approving the Final Plat, A Resubdivision Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado j) Resolution No. 02-25, Series 2002, A Resolution Accepting All Title And Interest In Lot 38, Block 1, Benchmark At Beaver Creek Subdivision (Barrancas Pud), Town Of Avon, Colorado k) Resolution No. 02-26, Series 2002, Amending Exhibit B of the Subdivision Improvements Agreement for the Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado 12. Adjournment IATown Clerk\CoundhAgendas & WorksessionsUgenda-Regular Meeting.doc ORDINANCE NO. 02-06 AN ORDINANCE AMENDING TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO TAX CREDITS WITHIN THE VILLAGE (AT AVON). BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section--Amendment-Section_3 O8-D3 of Chapter 8, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there shall be granted to each person owing the tax on sales consummated within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any retail sales fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall be granted subsequent to termination of the collection of the retail sales fee pursuant to the Annexation and Development Agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change." Section 2. Amendment. Section 3.12.065 of Chapter 12, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there shall be granted to each person owing the tax on transfers within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any real estate transfer fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall be granted subsequent to termination of the collection of the real estate transfer fee pursuant to the Annexation and Development Agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change." Section 3. Amendment. Section 3.28.075 of Chapter 28, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there shall be granted to each person owing the tax on the lease or rental of any public accommodations within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any public accommodation fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall be granted subsequent to termination of the collection of the public accommodations fee pursuant to the Annexation and Development Agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change." Section 4. Effective Date. This ordinance shall be effective as of the first day of January. 1999. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, 6 yor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of May, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: r f' Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14TH DAY OF MAY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-06, SERIES OF 2002: - - An Ordinance Amending Title 3 Of The Municipal Code Of The Town Of Avon Relating To Tax Credits Within The Village (At Avon). A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 10th day of May, TP. t TOWN OF AVON, COLORADO BY: qtty Mc envy To rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 10, 2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY ORDINANCE NO. 02-07 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO FORMS FOR APPLICATION FOR EXEMPTION FROM THE REAL ESTATE TRANSFER TAX. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON. COLORADO: Section 1. Amendment. Subsection A. of Section 3.12.070 of Chapter 12, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "3.12.070 Application for exemption - Form of certificate - Approval. A. In the event that any transfer which is exempt from the real property transfer tax does not reflect that exemption clearly in the document evidencing the transfer, the grantee may apply for a certificate of exemption from the town manager, which certificate of exemption may be affixed to the document evidencing such transfer. The certificate of exemption shall be in the following form or in such other form as shall be prescribed by the town manager: TOWN OF AVON APPLICATION FOR EXEMPTION FROM REAL PROPERTY TRANSFER TAX Grantee(s) (Buyer(s)): Mailing Address of Grantee: Date of Closing or Conveyance: Sales Price or other Consideration: Legal Description: Address of Property: The undersigned hereby applies for exemption of the above real estate transaction from the payment of the Real Property Transfer Tax, imposed by Chapter 3.12 of the Municipal Code of the Town of Avon. The basis of the application for exemption is as follows: (State grounds for exemption, including applicable section and subsection of the Real Property Transfer Tax Ordinance under which the exemption is requested. Attach supporting documents and affidavit if necessary setting out additional details for full understanding of the transaction) I hereby certify under penalty of perjury that the foregoing statements are true and correct. Grantee(s) Date I hereby certify that the above described transfer of real property should be exempted from the payment-of-the Avon-Real-Property-'ransfer Tax under-Chapter 3.12,-sect on 3,1-2.060-of-the---- Municipal Code of the Town of Avon. Town Attorney Date The above described transfer of real property is exempted from the payment of the Avon Real Property Transfer Tax under Chapter 3.12, section 3.12.060 of the Municipal Code of the Town of Avon. Town Manager Date Return copy of application to: " INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: T'T a?L Vor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of May, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14TH DAY OF MAY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-07, SERIES OF 2002: - An Ordinance Amending Chapter 12 Of Title 3 Of The Municipal Code Of The Town Of Avon Relating To Forms For Application For Exemption From The Real Estate Transfer Tax. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 10th day of May, ` TOWN OF AVON, COLORADO BY: I Pa M Kenny ?,j POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 10, 2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -;6 ?-- From: Norm Wood, Town Engineer %V, Date: May 7, 2002 Re: Metcalf Gulch Lower Drainage Improvements Change Order Number 2 and Number 3 Summary: Attached Change Orders Number 2 and 3 for the Metcalf Gulch Lower Drainage Improvements represents minor changes required to address conflict between proposed improvements and existing sewer main that was discovered during construction. These Change Orders provide for required modifications to the concrete headwall and the existing 12-inch sewer main to eliminate the impacts of the conflict. These changes were necessary to eliminate the conflict and maintain the integrity of both the sanitary and storm sewer systems. Change Order Number 2 increases the contract amount by $1,875.00 and Change Order Number 3 increases the contract amount by $3,200.00 for a total increase of $5,075.00. The net effect of these Change Orders is to increase the Contract Amount from $ 553,778.48 to $ 558,853.48. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. App roved Project Budget Project Costs Construction Contract $552,000 $ 552,000 Change Order No. 1 $ 1,852 Change Order No. 2 $ 1,875 Change Order No. 3 $ 3,200 Design $ 50,000 $ 50,000 Easements & Right-of-Way $ 5,000 $ 5,000 Contract Administration / Testing $ 25,000 $ 25,000 Administration & Permits $ 8,000 $ 15,000 Contingency (10%) $ 60,000 $ 46,073 Total Construction Budget $700,000 $ 700,000 I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 2 & 3 Memo.Doc Approval of Change Orders Number 2 and Number 3 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is recommended, increasing the Contract amount $ 5,075.00 from $ 553,778.48 to $ 558,853.48. Recommendations: Approve Change Orders Number 2 and Number 3 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements, increasing the Contract amount $ 5,075.00 from $ 553,778.48 to $ 558,853.48. Town Manager Comments: I:\Engineering\CIP\Stormwater Metcalf-I\4.0 Construction Docs\4.5 Change Orders\CO No 2 & 3 Memo.Doc 2 CHANGE ORDER Order No.: 2 Date: 04-05-02 Agreement Date: _11-27-01 NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements OWNER: Town of Avon CONTRACTOR: -Site Resource Management Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: The northwest wall height, elevation and reinforcement is hereby modified, due to a conflict with the existing sanitary sewer main in the vicinity of the outlet of the 84" CMP beneath I-70, in accordance with the wall profiles drawing, sheet 13A of 13 dated 3-22-02. Add line item 10.3 A. Wall Modifications per 13A of 13, complete in place, Quantity 1, Units L. S., Unit Price $1,875.00, Total Cost $1,875.00 to the Payment Schedule. This amount does not include modifications to the existing 12" DIP sanitary sewer main or encasement or repairs to main if it doesn't hold up to removal of encasement. Justification: The actual main location (as discovered during required potholing) did not match the design assumptions and resulted in a conflict with the wall. Because incorporating the sewer main and encasement into the wall will be done on a time and materials basis with a guaranteed maximum price, an additional change order will be completed to cover the cost of this work. Change to CONTRACT PRICE: $ 1,875.00 Original CONTRACT PRICE: $ 551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 553,778.48 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_1,875.00 The new CONTRACT PRICE including this CHANGE ORDER will be $_555,653.48 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by 0 calendar days. The date for completion of all work will be 10-11-02 (Date). CO-1 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 CHANGE ORDER Order No.: 3 Date: 0-^t-O5-02 Agreement Date: _11-27-01 NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements OWNER: Town of Avon CONTRACTOR: -Site Resource Management Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Add line item 10.3 B. Removal of concrete encasement on existing 12" DIP sanitary sewer main, as directed by the engineer (per 13A of 13, dated 3-22-02), complete, Quantity As Measured, Units T&M/hour, Unit Price $130.00, Total Cost NTE $3,200.00 to the Payment Schedule. This amount does not include modifications to the existing 12" DIP sanitary sewer main or encasement or repairs to main if it doesn't hold up to removal of encasement. Justification: The concrete encasement must be removed from around the pipe at the northwest wall penetration. Change to CONTRACT PRICE: $ 3,200.00 Original CONTRACT PRICE: $ 551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 555,653.48 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_3,200.00 The new CONTRACT PRICE including this CHANGE ORDER will be $_558,853.48 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by _0 calendar days. The date for completion of all work will be 10-11-02 (Date). APPROVALS REQUIRED:- Approved by Engineer: Accepted by Contractor: R- Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager 1?7 1-- Norm Wood, Town Engineer May 7, 2002 Metcalf Gulch Lower Drainage Improvements Change Order Number 4 Summary: Attached Change Order 4 for the Metcalf Gulch Lower Drainage Improvements represents minor changes required to address soil conditions encountered in construction of the headwall for the 84-inch culvert under I-70. Change Order Number 4 is for the over excavation and structural backfill required to correct the unsuitable soil condition encountered. This change was necessary to maintain the integrity of the headwall installation. The cost of the Change Order is to increase the contract amount by $3,227.28. The net effect of this Change Order is to increase the Contract Amount from $ 558,853.48 to $ 562,080.76. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. Approved Project Budget Construction Contract $552,000 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Design $ 50,000 Easements & Right-of-Way $ 5,000 Contract Administration / Testing $ 25,000 Administration & Permits $ 8,000 Contingency (10%) $ 60,000 Total Construction Budget $700,000 Protect Costs $ 552,000 $ 1,852 $ 1,875 $ 3,200 $ 3,227 $ 50,000 $ 5,000 $ 25,000 $ 15,000 $ 42,846 $ 700,000 I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 4 MemO.Doc 1 Approval of Change Order 4 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is recommended, increasing the Contract amount $ 3,227.28 from $ 558,853.48 to $ 562,080.76. Recommendations: Approve Change Order 4 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements, increasing the Contract amount $ 3,227.28 from $ 558,853.48 to $ 562,080.76 Town Manager Comments: I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 4 MemO.Doc 2 CHANGE ORDER Order No.: 4 Date: 04-22-02 Agreement Date: _11-27-01 NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements. OWNER: Town of Avon CONTRACTOR: -Site Resource Management Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Sub-excavate wet, mucky material beneath wall footings in accordance with Section 02200 as directed by the engineer and replace with CDOT structure backfill (class 1) in accordance with Standard Specifications for Road and Bridge Construction Sections 206 and 703.08. The measured sub- excavation quantity will be added to line item 3.2 and paid for at the unit prices indicated in the Bid Schedule. A quantity of 94.92 C.Y. of sub-excavation at $4.00/C.Y. = $379.68. Add line item 3.2 A. Subgrade Stabilization with CDOT structure backfill (class 1), complete in place, Quantity As Measured, Units Tons, Unit Price $20.00. 142.38 Tons of Class 1 at $20.00/Ton = 2897.60. For a total change to the Contract Price of $3227.28 Justification: Unsuitable foundation material was found in the bottom of trenches for the concrete wall footings. Change to CONTRACT PRICE: $_3,227.28_ Original CONTRACT PRICE: $ 551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 558,853.48 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_3,227.28 The new CONTRACT PRICE including this CHANGE ORDER will be $_562,080.76 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by _0 calendar days. The date for completion of all work will be 10-11-02 APPROVALS REQUIRED: Approved by Engineer: /`- Accepted by Contractor- Accepted and Approved by Owner: (Date). Federal Agency Approval (where applicable): CO-4 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 1?16 IZ4--- From: Norm Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: May 9, 2002 Re: Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project Change Order 2 Summary: Attached Change Order 2 for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project represents a minor change with respect the rework of the Locker Room floors. This change is for sanding of the base and a strip around the walls and the addition of a final resin coat to provide a smoother surface in this area. This was not included in the original plans and specifications but was found necessary to facilitate cleaning of the floor. The cost of this additional work is $998.00 and the work was completed in conjunction with the rework of the floor. The net effect of this Change Order is to increase the Contract Amount from $ 475,258.00 to $ 476,256.00. The cost of this change is provided for by the contingency item in the project budget. Construction Contract Change Order No. 1 Change Order No. 2 Design Contract Administration Administration Contingency Total Construction Budget Annroved Proiect Budget Proiect Status $470,000 $ 464,048 $ 11,210 $ 998 $ 40,000 $ 36,688 $ 15,000 $ 26,534 $ 2,000 $ 2,500 $ 26,000 $ 11,022 $553,000 $ 553,000 *Includes additional contract administration services as approved. IAEngineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.5 Change Order\CO Memo 2.Doc Approval of Change Order No. 2 to the Harney-Naill, Inc. contract for construction of the Avon Recreation Center Refurbishment of the Locker and Changing Rooms is recommended, increasing the Contract amount $ 998.00 from $ 475,258.00 to $476,256.00. Recommendations: Approve Change Order No. 2 to the Harney-Naill, Inc. contract for construction of the Avon Recreation Center Refurbishment of the Locker and Changing Rooms, increasing the Contract amount $ 998.00 from $ 475,258.00 to $476,256.00. Town Manager Comments: l I:\Engineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.5 Change Order\CO Memo 2.Doc 2 CHANGE ORDER Order No.: 2 Date: 5/2/2002 Agreement Date: 8/1/2001 NAME OF PROJECT: Avon Recreation Center Refurbishment of the Locker and Changing Room Areas OWNER: Town of Avon CONTRACTOR: Harney-Naill, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Per VMDA letter dated 5/1/02, Item #5. Change to CONTRACT PRICE: Original CONTRACT PRICE: $998.00 $464,048.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $475,258.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased eased by $998.00 The new CONTRACT PRICE including this CHANGE ORDER will be $476,256.00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by -Nil- calendar days. The date for completion of al?"will be May 9, 2002 (Date). APPROVALS REQUIRECY`. Approved by Architect: Accepted by Contractor: Accepted and Approved by Owner: CO-1 V ON MR? I , 7,aOz April 11). '00' Mr. Georue N. I less. President OMNI- I"'CII INDUSTRII:;.INC. Dem cr. CO Tyvo pages transmitted by faCSimile only. Re: SRS Ploorin<-, Installation ,-yon Recreation Center Aeon. CO Dear Geor<?e: 0048 E BEAVER CREEK BLVD SUITE 207 Box 5300 AVON, CO 81620 970.949.5200 vmda@vmda.com FAX•949.5205 This is to confirm our discussion this morning-, and clarify, any loose ends that have existed prior to that phone call. lI'there is no further clanfication needed. please return a cope of tills letter vyith your si-(natw'e that v?ill then serve as your Notice to Proceed. 1. Omni-Tech Industries MII be responsible 101- coy rrin(-, all floor drains '111d I-clllo\ III" that covering-, after completion of this Work. ?. HNI will temporarily raise the hase shoes on all the Santana partitions prior to your arrival on site and replace them to their original position with all listeners aftcrNNard. 3. There will be no more samples requested or rcquireCI. 4. All horizontal SRS floor surfaces originally installed in this Project in October. 20O I are included in this scope of Work. ?. A Change Order v?Id be prepared by HNI and prescnted to our office by the end of business Thursday May 2. 2002 in the amount of 5950.00 plus the 5`%' Fee for the sanding of the bases and addition of final resin coat along, the coves as we discussed. 6. The horizontal surfaces \\ III he treated as described in porn' letter dated 4/26/02. 7. Vertical surfaces alone the base NvIll be sanded and a final resin coat applied as discussed. 8. The Town of Avon Recreation Staff will be responsible for detergent cleaning. N ith a neutral cleanser. the floors and bases (with brushes onlN -no mops) prior to your arrival on the site on Monday May 6. 2002. The floors and bases will need to be completely dried at that time. 9. VMDA provide a floor plan clearly delineating where the glass bead will be held back and the floor will be sanded. This can be provided to you on site on Monday. or ARCHITECTS Mr. George Hess Omni-Tech Industries May 1, 2002 Page Two we can overnight it to N ocu- office for vour receipt Friday May 3, 2002. Just let us know you preference. George, thank you for vour persistence and diligence m applying your experience and knowledge to this unfortunate situation. We loot: forward to the Avon Recreation Center becoming a source of pride after these delays. Cc: Norman Wood_ General Contractor Mark Donaldson, AIA Memo To: Honorable Mayor and Town Council Th ru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: May 9, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 1 Summary: Attached Change Order No.1 for the East Avon Access & Circulation Streetscape Improvements represents minor changes required to address actual field conditions encountered in construction and the inclusion of Bid Alternate No. 3 in conformance with negotiations for easement acquisition from Benchmark Plaza. Change Order Number 1 implements Bid Alternate No. 3 which provided for the addition of five parking spaces on Benchmark Plaza adjacent to Plaza Way. The cost of this Bid Alternate is $17,472.00 and will allow Easement acquisition negotiations for this parcel to be brought to conclusion. Eighty five hundred dollars of this cost will be recovered in the overall project budget by elimination of the requirement to pay for an appraisal had the negotiations not been concluded by this addition. This savings is reflected in the Project Status below. This Change Order also provides for the deletion of Bid Item No. 5.5 Relocate Telephone Pedestals. This work will be performed by Qwest at no cost to the Town with a contract deduct amount of $2,700.00. The third item in this Change Order is removal and replacement of the concrete pan and related work at the intersection of Beaver Creek Boulevard and Plaza Way. The cost of this additional work is $1,462.50. The net effect of this Change Order is to increase the Contract Amount $16,234.50 from $ 2,259,987.00 to $ 2,276,221.50. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. The effect of this Change Order is reflected in the following Project Status. IAEngineeringUl'Tast Avon\4.0 Construction Documents\4.5 Change Orders\CO No I Memo.Doc Construction Contract Change Order No. 1 Engineering Design Appraisals Legal Contract Administration Testing Services Administration Easements & R/W Contingencies @ 1.5% Total Proposed Budget Approved Proiect Budget Proiect Status $2,259,987 $2,259,987 $ 16,234 $ 75,000 $ 75,000 $ 35,000 $ 26,500 $ 30,000 $ 30,000 $ 80,000 $ 80,000 $ 30,000 $ 30,000 $ 15,000 $ 15,000 $ 349,430 $ 349,430 $ 42,732 $ 34,998 $2,917,149 $2,917,149 Approval of Change Order No. 1 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $16,234.50 from $ 2,259,987.00 to $ 2,276,221.50. Recommendations: Approve Change Order No. 1 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $16,234.50 from $ 2,259,987.00 to $ 2,276,221.50. Town Manager Comments: C\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 1 Memo.Doc 2 CHANGE ORDER Order No.: 1 Date: 5-9-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Add Item 18.0 Bid Alternate No. Three - Provide Parking on Lot 20. + $17,472.00 Delete Item 5.5 Relocate Telephone Pedestals. Quest to relocate telephone pedestals. Delete two (2) pedestal relocates @, $1,350.00 each. - $ 2,700.00 Concrete pan at north end of Plaza Way to be removed and replaced. Removal and replacement as complete in place. Per CONTRACTOR, subgrade and road base is considered incidental. Add 80 S.F. to Item 2.3 Concrete Pan Removal @ $5.00/S.F. + $ 400.00 Add 25 L.F. to Item 4.11 Crosspan - 4 R @ $26.00/L.F. + $ 650.00 Add 20 L.F. to Item 2.1 Sawcut Existing Asphalt @ $3.00/L.F. + $ 60,00 Add 125 S.F. to Item 2.2 Asphalt Removal .@ $0.90/S.F. + $ 112.50 Add 5 Tons to Item 4.4 Asphaltic Concrete @ 48.00/Ton + $ 240.00 Total + $ 1,,462.50 TOTAL + $16,234.50 Change to CONTRACT PRICE: $_16,234.50 Original CONTRACT PRICE: $-21259y987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER NA The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by s_16,234.50 The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,276,221.50 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by -0^ calendar days. The date for completion of all work will be October 11, 2002 (Date). 1H 19fi 1 10N Safflal 1H NUI M69: Z ZOOZ ' 6 ' AEN APPROVALS REQLMZhD: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 E IH Igfil'aN SUVA03 A Wd13 h6g:Z ZOOZ '6 'M Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town EngineeKgG Date: May 9, 2002 Re: The Village (at Avon) Filing 2 Proposal / Turner Collie & Braden, Inc. Construction Management/Inspection Services Summary: The attached Proposal from Turner Collie & Braden, Inc., is for Construction Management/Inspection Services for The Village (at Avon) Filing 2, public improvements construction per the Final Plat and Subdivision Improvements Agreement. This proposal was requested in order to provide a level of assurance that construction of the public improvements in The Village (at Avon) are constructed in accordance with the approved plans and construction documents. This outside monitoring is necessary because of the concurrent level of activity occurring with The Village (at Avon) Filing 1 and Filing 2 construction in addition to the Town's capital projects and other daily time demands. The proposed services include periodic observation of construction activities, material testing review and assurance testing if required, review and evaluation of potential corrections and changes, attendance at construction progress meetings, review of pay request applications, and other related activities as required to support the administration and monitoring of construction activities required by the Final Plat and Subdivision Improvements Agreement. The Estimated cost of these services is not to exceed $45,198.80 without prior written approval. The Town will be reimbursed for the full cost of these services as stipulated in the Subdivision Improvements Agreement. Approval of the Turner Collie & Braden, Inc., Proposal for Construction Management/Inspection Services for The Village (at Avon) Filing 2 public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost not to exceed $45,198.80 without prior approval is recommended. I:\Engineering\Avon VillageTiling Mubdivision\TC&B, Inc Proposal Memo.Doc Recommendations: Approve the Turner Collie & Braden, Inc., Proposal for Construction Management/Inspection Services for The Village (at Avon) Filing 2 public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost not to exceed $45,198.80 without prior approval. Town Manager Comments: Cv?) cup _ i I:\Engineerin-\Avon Village\Filing 2\Subdivision\TC&B, Inc Proposal Memo.Doc TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 2 May 2002 Norman E. Wood, P.E. Town of Avon Post Office Box 975 Avon, CO 81620 Subject: Village (at Avon) Filing 2 Dear Norman, 1319 Grand Avenue Glenwood Springs, Colorado 81601 Tel: (970) 945-5351 Fax: (970) 945-5365 It is with great pleasure that Turner Collie & Braden (TC&B) submits its Proposal for the Village at Avon Filing 2 Construction Management tasks. The opportunity to display TC&B's talents in Avon is exciting. The TC&B staff and members of the project team consist of the same people who have established a reputation for excellence on many high-profile projects throughout western Colorado. We are available to commit resources through our Glenwood Springs and Denver offices. Our project team offers a broad spectrum of planning, civil design and construction experience, and our local team members are intimately familiar with the active and high profile projects that occur in Avon. Our extensive experience working together has given us the background to fulfill the requirements of local, state and national governing agencies in the Eagle River Valley. We also live in mountain communities and understand the need to minimize the impacts of capital improvement projects for residents, guests and the business owners in our resort-based communities. Thank you for the opportunity to present this package. We look forward to working with you in the near future. If you have any questions or require additional information, please contact me at (970) 945-5351. espectfully yours, ? ?_` ? . ' J eph E. Bair Se for Project Manager Turner Collie & Braden Enclosures (2) cc: File Established in 1946 Engineering Excellence for Over One-Half Century An AECOM COMPANY Cost Estimate Project: Location: Firm Name: Name of Preparer: Phone No.: Scope of Work Date: Type of Proposal: Contract Time: Estimated Beginning Date: LABOR DISCIPLINE Joseph E. Bair Nicholas Senn Kae McDonald TOTAL DIRECT LABOR Village (at Avon) Filing 2 Avon, CO TurnerCollie & Braden Inc. Joseph E. Bair (970) 945-5351 30-Apr-02 Multiplier 180 Days 15-May-02 Multiplier = Classification Principal Project Manager Document Coordinator TOTAL LABOR, INDIRECT COSTS AND FEE (MULTIPLIER 2.915) OTHER DIRECT COSTS (DIRECT NON-LABOR EXPENSES) This number for estimate purposes on ly, actual costs incurred are billed as directs Reproductions Xerox Copies - B & W 1,200 Each @ $0.10 Xerox Copies - Color 0 Each @ $2.00 Plan Reproduction 0 SF $0.08 Lodging 0 Months $1,200 Per Diem 0 Weeks $100 Mileage 2,496 Miles @ $0.43 CADD Time 0 Hours @ $14 Deliveries 10 Each @ $15.00 Office Supplies 1 Lump Sum @ $25.00 Field Supplies 1 Lump Sum @ $100.00 Telephone 4 Months $25.00 TOTAL OTHER DIRECT COSTS OUTSIDE SERVICES, Vendors Yeh & Associates $8,000.00 Testing will be billed on a per test basis, not to exceed this amount. subcontract administration @ 10% $800.00 TOTAL OUTSIDE SERVICES COSTS TOTAL CONTRACT COSTS 2.915 Hourly Work Rate* Hours Total $41.35 150 $6,202.50 $34.37 150 $5,155.50 $17.50 34 $595.00 0 $0.00 $0.00 0 $0.00 334 $11,953.00 $120.00 $0.00 $0.00 $0.00 $0.00 $1,060.80 $0.00 $150.00 $25.00 $100.00 $100.00 I declare that to the best of my knowledge the statements made on this document are true and complete and that wage rates and other proposed costs on this contract are accurate and complete and include no unallowable or (duplicate costs and that I am a Senior Project Manager and a duly authorized representative of the firm of: TurnerCollie & Braden Inc. 1319 Grand Ave. Glenwood Springs, CO 81601 Joe Bair ?0_-_\ (Typed Name) ignature) O VVNQN G (Date Si ned) $34,843.00 $1,555.80 $8,800.00 $45,198.80 taskhour PROJECT PERSON-HOUR ESTIMATE Principal Project Project Field Word TOTAL TASK Manager Engineer Inspector Proc. HOURS Task Group 1. Construction Oversight 1.1 Coordination/Weekly meetings 22 22 0 10 54 1.2 Coordination/Shop drawing & CMO Recommendations 20 20 10 50 1.3 Quality Control Inspection 80 80 0 160 1.4 Review pay requests 8 8 14 30 1.5 Project Documentation 8 8 16 1.6 Final Inspection and punchlist 6 6 12 1.7 As built review 6 6 12 Sub Consultants j 0 0 - - -- 0 SUBTOTAL 0 150 150 0 34 334 0 0 0 SUBTOTAL 0 0 0 0 0 0 _ -- - i- 0 0 0 0 SUBTOTAL 0 0 0 0 0 0 TOTAL 0 150 150 0 34 334 Page 1 i N O Q Q O Cl) 0 0 00 12 'V O O 47 V d' O Cl) O (O O O N F- b4 69 O O 0 Cl O O O O O O N (7 O m N O C. O O O O O O O O > O Z 00 C. co O O 000(0 ? o N 0 N V 0 000 N O 0 00 N O v O o00(0 Q N N a d C) 00 000 vo 000 0 N O N O p? N N d 7 a 000 N O 000 N O -,I- CD 000 0 N N V 7 L_ CD O O W (0 O O O O (0 C O L co O N co O N E c: p 7 0 CL C) a C. 00 N O C) 00 N co o ooom o O O R N ? O ? 3 m - - 0 3 0 0 n x x (» 0 C C C O ` L L O O O p o O U U N N { N a) O a) CL C O LO _ A N ` cm IL c c o U C C N 0 0 u 0 p U p? 0 O 0 0 0 y ca- O y L N a 4) -y m E c aQ(D cm > > o 75 > 0 O ° x N C >, U F OF H a) = W Uli tip C -? i t0 C y O N C D O m ? Y V O m V i 0 Z Y D MH7 Ue GUUe lU:JIHM 7tH HMU HSSUU1HIt5., 11'14: tUlUJ r tff-14U1 P-J --,tW1vQ Juiy 1, 2001 YEH AND ASSOCIATES, INC. STANDARD FEE SCHEDULE - ENGINEERING FIELD INVESTIGATION Drill Rig - Truck Mounted with 2 Man Crew 4-inch and 6-inch Solid Auger 3120 per hour Hollow Stan Auger 3 3/4" I. D. 3 per he, r Corng Bit Wear +3130 per hct_r Standby Time 375 per hors Track Mounted Rig (Additional) $50 per hour Drill Rig Mobilization and Demobilization in Town under 50 miles Hourly Rate Truck Mounted Rig $1.00 per mile + $25 per man per hour Track Mouthed Rig Drill Rig Mobilizuton and Dernobili2ation Wafer Trucl~ $0.75 per mile + $25 per man per hour Pickup $0.60 per mile Drill Rig Support Vehicles Water T.-tick $100 per day Support Truck 575 per day Equipment Rental Lost+ 15% Well Consirucuon Matelials Cost+ 15% Geophysical Survey Cost - 15% Field Engin-.&Gcologist 560 per hour $215 per mile LABORATORY TESTP G Natural Density and Moisture Content Atterhug Limit (ASTM D43 18) Specific Gravity Gradatioa Analysis (ASTM D-422) a. All Standard Sieve to #200 Sieve b. Less than 1 5" Down to #200 Sieve c. Perccnf Less Than 4200 Sieve d. Hydrometer Anslysi s, Swell-Consolidation a. Loaded to 10,000 psf b. Per load in Addition to 10,000 psf Timc-Consolidation (ASTM D-243 5` Unconftl zi Compressive Strength (ASTM D-2166) Direct Shear, Per point a. Unconsolidated Undrained Test b. Consolidated Undraimd Test c Consolidated Drained Test (.ASTbf D-3080) Standard Proctor Compaction (AS'lM D-693) lvlodi:iedPructur Ccmpaction(ASTMD-1557) Laboratory Tecluucian $55.00 per hour "R%Value (ASTM 2844) $250.0i) Resistivity $40.OU Triaxiai Shear, per point a. Unconsolidated-U ndrained(Quick Test) $125.00 b. Consolidated Undrained (R-Test) $270.00 c. Consolidated-Drained {S Test) 3500.00 Permeabilit) a. Felling or Constant Head, 2-4" Diameter $185.00 b. Triaxial.Pcrneebility $300.00 c. Remolded (W&PRE-13) $180.00 Relative Density (ASTNJ D-2049) $125.00 California Bearing Ratio (ASTM D-1883), 1-Point $100.00 CalifomiaBeariagRdtio (ASTMD-1883), 3-Point $250.0() Water Soluble Sulfate $25.00 PH $15.00 Organic Content (ASTM D-2974) $21).00 Los Angeles Abrasion Test $10'.)(1() Concrete Compression Test, each $9.50 Concrete Cylinder, each $8.50 $7.50 $40.00 $30.00 $35,00 $30.00 $1500 add $35.00 $30.CO $5-CO $275.00 $25.CC 380.0c $200.00 5 300.00 565.0C 575.0( ENGINEERING ( overs planning and g.naral suparvlsion, veld trips, analysis, consu'ration, preparanon of reports, Principal Engineer Project Manager Senior Project Engineer or Geologist Ptoj ect Engineer or Geologist Staff Engineer or Geologist Senior Field Engineer/Techrcian Field Fngineenng Technician Junior Engineering Technician Special Consultation, Expert Testimony and Court Appearance (%linimurn) MISCELLANEOUS Auto or Pickup Mileage (Outside Metropolitan Area) Out-of-town living cx? iscs, commercial travel costs, equipment rental, etc. interest charged after 30 days fmm invoice date Other outside Laboratory Services and travel r:'me.) $120.00 per hoar $100.00 per hour $90.00 per hour $70.00 per hour $60.00 per hour $60.0() per hour 355.00 per how $45.00 pcr hour Qucte on Request $25.00/day r 50.32 per mile Cost +15° , 1.5% per month Cost T 15 '/; Town of Avon Village (at Avon) Filing 2 Scope of Services 1. PROJECT DESCRIPTION The Village of Avon - Filing 2 is a housing project being built North of I-70 at the extension of Swift Gulch Road. Public improvements will be a part of this project. Included in the improvements are the following: Earthwork, which entails clearing, excavation and the placement of compacted fill for Swift Gulch Rd. Road Construction, including the preparation of subgrade, placement of road base, placement of asphalt paving, installation of guard rail, installation of concrete sidewalks, roadway striping and signage and two bus stops for Swift Gulch Rd. An asphalt bike path will also be constructed. Drainage and debris flow mitigation, including the construction of retention ponds, storm sewers and outlet structures. This work also includes the enclosure of the Nottingham-Puder Ditch into a pipeline. Re-vegetation and Erosion Control, including measures control during construction, and re-seeding all portions of the Swift Gulch right of way disturbed by construction. Utilities, Including the construction of sanitary sewer and domestic waterlines. Retaining Walls, includes the construction of boulder and/or MSE retaining walls within the Swift gulch right of way. Booster Pump Station, includes the construction of a temporary, above ground pump station, to provide adequate domestic water pressure and the required fire flows. During the construction of these public improvements, Turner Collie & Braden is pleased to offer the following construction management services: II. CONSTRUCTION MANAGEMENT TASKS A. Construction Man agement/Inspection Services Provide a Project Engineer with the following construction management and inspection support: TurnerCollie ftraden Inc. Engineers • Planners • Project Managers 1 1. Construction Coordination: Attend the Contractors Weekly scheduling meetings where issues which are impacting progress, the cost to complete the work, and significant situations encountered related to the construction of the Project will be discussed. Meeting minutes will be reviewed to evaluate the impact of items discussed, decisions reached, direction given, and actions to be taken. 2. Review of Construction for Conformance with Plans and Specifications: Monitor the Contractor's construction activities with respect to the contract documents and relevant schedule submittals governing the performance of the work. Coordinate with the designer during construction with recommendations regarding revisions to the plans. 3. Processing of Shop/Working Drawings Submitted by the Contractor: Submittals, design drawings, shop drawings, materials, and test procedures received from the Contractor will be reviewed for conformance to the approved plans. 4. DailQuality Control Inspection: Perform as-needed quality control inspections of construction activities to document construction activities performed and assessment of conformance with the contract documents. Inspection items will include those identified for the project. 5. Quantity Control: Contractor' pay request will be reviewed for consistency with actual work completed, a synopsis of this review will be forwarded to the Town for its use. 6. Project Documentation: Daily diaries will be completed to document all problems and events that occur during the inspector's time on the project. Diaries will include details of work in progress, labor and equipment utilized, acceptability of materials used, problems encountered, and contacts with or directions issued to the contractor. 7. Materials Testing: Materials testing will scheduled to assess the contractor's compliance with the requirements of the contract documents. Quality assurance testing will be done on ABC (class 6), asphalt, embankment (including trench backfill) and Concrete. All Quality control testing will be the responsibility of the contractor. Quality assurance testing will be performed as spot checks, to ensure proper testing methods are used by the Contractor. The frequency of testing will be as per the CDOT Field Materials Manual for independent assurance testing. Additional tests will be taken as directed by the Town of Avon. Test reports will be reviewed and submitted to The Town of Avon. B. Post Construction Support TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 2 1. Completion Inspection and Punch List: Conduct a final inspection with the Contractor upon substantial completion. The result of this inspection is the development of a punch list of remaining and/or outstanding work to be performed by the Contractor prior to final project acceptance. 2. As-Construction Drawings: Review for completeness full sized as- constructed-drawings prepared by the Contractor. 3. Completion Inspection and Close-Out: Following the completion of all punch list items by the Contractor, conduct a final inspection with representatives from the Contractor, to confirm the completion of all work. The result of this inspection will constitute final project acceptance and initiation of the Contractor's warranty period for the work. III. DELIVERABLES Deliverables generated during the project will include the following and will be submitted throughout the duration of the project, or at specific dates commensurate with the deliverable: 1. Project correspondence generated and received during the project. 2. Q/A test reports. 3. The Contractor will be responsible for submitting certifications to the inspector, these will be reviewed and forwarded to the Town of Avon for their records. 4. Construction management records generated including minutes of meetings, project diary, inspection reports, and other documentation as prepared during the course of construction in accordance with The Town of Avon requirements. IV. ADDITIONAL SERVICES Additional construction management services are available if the Town so chooses, they include but are not limited to the following tasks: A. Review of Contractor's Traffic Control Plan During construction, monitor the Contractor's approved traffic control plan for implementation of traffic signing, barriers, and other traffic control measures. Relocations and adjustments to detours will be coordinated with the Contractor, Town of Avon, and other impacted agencies. B. Check Surveying Provide quality control surveying and quantity verifications as needed. (The Contractor is responsible for performing all surveying required to TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 3 properly lay out and construct the work covered under this contract.) C. Quantity Control Quantities of work elements constructed will be measured and recorded to support the preparation and processing of progress pay estimates to the Contractor. Quantities will be documented in an interim quantity book for tracking of quantities constructed as compared to the original design quantities on the project. Quantities of work will be agreed upon with the Contractor and then reflected in monthly progress payment requests. Assist the Town of Avon in resolving disputes in quantities with the Contractor prior to the preparation of the pay estimate. D. Contaminated Material Notification Monitor construction operations and notify the Town of Avon immediately should contaminated material be encountered or developed on the project. When such material is identified, procedures developed by the Contractor to mitigate the problem will be reviewed and a recommendation provided. DESIGN SUPPORT SERVICES Provide design support on an as-directed basis to the Town Engineer and the Town of Avon to provide the following: A. Responses to Contractor Respond to Contractor request for information, field clarifications, and value engineering proposals. B. Design and Documentation New or revised design drawings of specifications as necessary and assist the Town of Avon in the preparation of documentation for contract amendments. C. Cost Estimates Cost estimates for all proposed changes. D. Emergency Field Inspections Designers can perform emergency field inspections on an as needed basis to respond to field conflicts or engineering clarifications. PROJECT MANAGEMENT A. Progress Reports Prepare monthly progress reports for the Town of Avon documenting project progress, conformance with Contractor's schedule, status of change orders, and potential/ongoing problems. TurnerCoffleOBraden Inc. Engineers • Planners • Project Managers 4 B. Change Orders Prepare project change orders and minor contract revisions. C. Project Coordination Track project costs and coordinate project personnel including surveyors and material testers. D. Certified Payroll Review certified payroll documentation provided by the Contractor and conduct random interviews of Contractor employees to determine if the Contractor is in conformance with EEO policies. TurnerCollie ftraden Inc. Engineers • Planners • Project Managers Memo To: The Honorable Mayor and Town Council From: Harry N. Taylor, Director of Transportation Thru: Bill Efting, Town Manager Date: May 9, 2002 Re: Transportation Agreement with the Beaver Creek Metropolitan District Summary: The Beaver Creek Metropolitan District has requested the Town of Avon to continue to perform Transportation services (Parking Lots route) as described in the attached Transportation Service Agreement. Discussion: This agreement shall commence on the effective date hereof and shall expire on September 30, 2002 (the Initial Term). This agreement allows the Beaver Creek Metropolitan District the option to extend for five (5) separate and successive periods of one (1) year (the Extension Period), commencing the day immediately following the expiration of the Initial Term and ending on September 30, of each year extended. Recommendation: The recommendation is to approve the request by the Beaver Creek Metropolitan District for the Town Of Avon to provide Transportation Services under a Transportation Service Agreement for a one-year period with the option to renew for five separate and successive periods per the agreement. Town Manager Comments: C'o c s 0-1 Cc `?? 0 ? ? ; 0 '-f- a V 'C VN , Lilt m4 y +1 ? .. ? ? o (? cvC o? ?n61C' c -?'r"C <<--)fi S?'-' -c51'S encl. INTERGOVERNMENTAL AGREEMENT FOR TRANSPORTATION SERVICES This Agreement (the "Agreement"), dated to be effective October 1, 2001, is by and between Beaver Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado ("District") and the Town of Avon, a municipal corporation of the State of Colorado ("TOA"). RECITALS WHEREAS, prior to January 1, 1999, the Beaver Creek Resort Company of Colorado ("BCRC") provided various transportation services to an area within unincorporated Eagle County, Colorado commonly known as the Beaver Creek Subdivision ("Beaver Creek"); and WHEREAS, in furtherance of its transportation service function, BCRC, on October 1, 1995, entered into an Agreement with the Town of Avon, Colorado (the "Avon Agreement") whereby TOA agreed to operate a bus system known as the "Parking Lot Transit Systems"; WHEREAS, by agreement dated January 1, 1999 between BCRC and District, BCRC transferred and assigned to District its transportation service function, responsibilities, and contracts including but not limited to the Avon Agreement (reserving however, all advertising revenues under the Avon Agreement); and WHEREAS, the Avon Agreement expired on September 30, 2001; and WHEREAS, effective as of the date set forth above and for the purpose of replacing the expired Avon Agreement, the District and TOA desire to enter into this Agreement whereby TOA agrees to continue the operation of a transportation system known as the "Free Parking Lot Service" as well as various charter and special event services as described herein (collectively, the "System") upon terms and conditions similar in many respects to those contained in the Avon Agreement but modified to accommodate the passage of time and the changed circumstances of the parties hereto; and WHEREAS, TOA hereby represents that it is qualified in the field of public transportation and is fully willing and able to satisfy the requirements of this Agreement at the cost specified herein and within the level of service and operating quality desired by District and represented by TOA; and BvrCrkMetro W greements IGAI-29-02.doc WHEREAS, District desires to engage TOA to operate and maintain the System pursuant to the standards and specifications set forth herein. AGREEMENT NOW THEREFORE, in consideration of the covenants, conditions and agreements set forth herein, TOA and District agree as follows: TERM OF AGREEMENT. (a) This Agreement shall commence on the effective date hereof and shall expire on September 30, 2002 (the "Initial Term"), unless sooner terminated or extended as provided herein. (b) Unless this Agreement is terminated pursuant to Section 9 or Section 11(a) hereof, the Initial Term of this Agreement shall be automatically extended for five (5) separate and successive periods of one (1) year (the " Extension Period"), commencing the day immediately following the expiration of the Initial Term and ending on September 30, of each year extended. During, all of the terms, covenants and conditions of this Agreement shall be and remain in full force and effect. (c) For the purposes of this Agreement, the Initial Term and the Extension Period shall hereinafter be referred to as the Term of the Agreement. 2. SCOPE OF BUS SERVICES. During the Term of this Agreement TOA shall operate and maintain the System in a safe and proper manner and shall provide certain services, including but not limited to the following (the "Services"): (a) ' Scheduled Bus Service. TOA shall provide bus service within the Beaver Creek Subdivision as described below. All services described in this subsection (a) shall be free of charge to all riders and TOA shall not collect any fare from such riders. District reserves the right to change the service level requirements of the bus service described in this subsection (a) at any time and from time to time upon giving TOA written notice of any required change, subject nonetheless to availability of necessary vehicles, personnel and equipment. (i) Parking Lots -- Serving Tames Employee Housing, West Parking Lot, River Edge Employee Housing, East Parking Lot and the Covered Bridge Bus Stop. This service shall be provided at all times the mountain facility is open for skiing. The intervals of service shall be as follows: Every ten (10) minutes from 6:00 a.m. to 8:00 a.m., every seven (7) minutes from 8:00 a.m. to 11:00 a.m., every ten (10) minutes from 11:00 a.m. 2 BvrCrkMetro\Agreements IGAl-29-02.doc to 2:30 p.m., every five (5) minutes from 2:30 p.m. to 5:30 p.m., every ten (10) minutes from 5:30 p.m. to 12:00 a.m., every twenty (20) minutes from 12:00 a.m. to 2:30 a.m. It is understood and agreed that these are minimum required frequencies and that actual bus schedules may vary, but under no circumstances shall the amount of service hours per year exceed the amount set forth in this Agreement. TOA shall have the right to augment service levels as TOA determines appropriate during periods of peak demand on the System. During those times when the mountain facility is closed for skiing, (i.e., the summer season), the minimum level of service at each stop shall be as follows: every twenty (20) minutes from 6:00 a.m. to 2:30 a.m. It is understood that these are minimum required frequencies and actual bus schedules may vary not to exceed the agreed amount of service hours per year. (ii) Special Events - Special event hours are not predetermined. TOA is required to provide "special event" service when requested by District or its assigned representative upon reasonable notice. Additional costs, if any, shall be reflected in the monthly billings from TOA to District'. (iii) Americans With Disabilities Act compliance shall be observed by TOA. TOA shall maintain and operate the vehicles so as to comply with all state and federal statutes and rules and regulations. Any costs associated therewith shall be additional costs. to be compensated by District under Paragraph 7 of this Agreement. (b) Charter Bus Service. TOA may provide such charter bus service as it may decide at its own option using any vehicles and equipment as described in this Agreement, provided that such service does not adversely affect TOA's ability to provide those services described in Section 2(a) above or the cost thereof to District. All revenues derived by TOA in operating a charter bus service shall be the sole property of TOA. (c) . Maximum Service Hours. In the performance of Services hereunder TOA commits to use its best efforts to provide the maximum number of service hours during each one year period of this Agreement as agreed to in advance by the parties during April of each year. The parties, however, understand that TOA may not achieve the maximum agreed upon due to circumstances beyond its control including staffing problems. 3. OBLIGATIONS OF DISTRICT. District shall provide TOA with the following to be used in the operation of the System: (a) Vehicles and Equipment. For purposes of this Agreement, the District shall provide vehicle two-way radios used in connection with the operation of the System (hereinafter collectively referred to as the "Equipment") and the vehicles listed on Exhibit "A" attached hereto and incorporated herein by reference (the "Vehicles"). The parties acknowledge that the Vehicles and Equipment are subject to Section 5 hereof. 3 BvrCrkMetro\Agreements IGAl-29-02.doc (b) Advertising. District may arrange for advertising in the Vehicles and District shall be entitled to all revenues derived therefrom. TOA understands and agrees that it shall not advertise on the Vehicles without the prior written consent of District. (c) System Policy and Standards. District shall establish a System Policy, including the adoption of plans and objectives and performance measures for the System and shall determine standard levels of service in the operation of the System. TOA shall comply with such System Policy, and shall notify District of any noncompliance of which TOA becomes aware. By way of explanation and not limitation the System Policy established by District shall include the following Service Guidelines: Drivers must be in uniform (approved by District or assigned representative) at all times while visible to guests. Drivers may not smoke at any time while visible to guests. Drivers must greet/farewell each guest that passes within five feet. Notwithstanding the presence of "guest attendants" it is each Driver's obligation and responsibility to help each guest load and unload his or her skis and related equipment and to make sure that the ski rack doors are closed and that all guests are clear before pulling the bus away from any stop. _ Drivers must announce.each stop upon departure and arrival. Drivers must announce the next stop upon departure. The interior and exterior of all vehicles must be clean. 4. OBLIGATIONS OF TOA. Notwithstanding any provision of this Agreement to the contrary, TOA shall provide the following, among other things, in connection with the operation of the System, during the Term of this Agreement: (a) Licenses, Rules and Regulations. (i) TOA shall acquire all required licenses and approvals to operate all or any portion of the System from any state or federal agency, including without limitation, a license from the State of Colorado Public Utilities Commission to operate as a contractor; and (ii) TOA shall comply with all laws, rules and regulations relating to the operation and maintenance of the System, whether such rules and regulations are of federal, state or local origination, including but not limited to the District. (b) Maintenance. TOA shall appropriately care for all real and personal property and equipment provided by District. TOA shall maintain all Vehicles used in the 4 BvrCAMetro\Agreements IGAI-29-02.doc operation of the System in good order and repair and shall at all times ensure that the operating capability of the Vehicles is in compliance with TOA's standards, District's standards, the System Policy, the rules and regulations of the State of Colorado Public Utilities Commission and all other applicable laws, rules and regulations. Such maintenance shall include, but shall not be limited to, the following: (i) Regular and systematic preventative maintenance programs, servicing, cleaning, inspection and repair of the Vehicles; (ii) Prompt repair or replacement of any part or parts of any Vehicles which become wom or otherwise defective, damaged, or broken with prior written Permission from District for any necessary modifications or enhancements to the Vehicles; and (iii) Furnishing of all labor, materials and tools necessary to service and maintain the Vehicles in accordance with the aforementioned standards, rules and regulations. (c) Personnel. (i) TOA shall furnish and be responsible for all personnel, including but not limited to, supervisory personnel, drivers, dispatchers, road supervisors, mechanics, maintenance workers and office personnel necessary to effectively operate the System (the "Personnel"). TOA shall be responsible for the: (A) Recruiting, hiring and supervision of all Personnel; (B) Licensing as required by law of all Personnel who operate any of the Vehicles; and (C) Provision of all necessary employee training and management for the operation fo the System. TOA agrees that only properly trained, competent and qualified drivers, holding currently valid Colorado licenses in such classifications as required by the State of Colorado for such drivers, and Colorado Department of Transportation's health cards, shall be employed as drivers by TOA and that such drivers shall be familiar with and obey all laws, ordinances and regulations relating to the operation of motor vehicles. (ii) TOA shall have complete control and supervision over the employment of all Personnel required to operate the System, including but not limited to, their benefits, compensation and discharge. (iii) TOA shall be responsible for all System employees; however, District may advise TOA of any employee's inadequate performance which has had a negative effect on the Services being provided and TOA shall take prompt action to remedy 5 BvrCrkMetro\Agreements IGAI-29-02.doc the situation. TOA shall provide District with copies of TOA's employment polices and employee handbook. (iv) TOA shall provide appropriate uniforms for Personnel, including uniforms for System bus drivers. TOA shall ensure that all employees are properly attired in TOA uniform when operating District vehicles or otherwise providing the Service. (d) Bookkeeping and Office Management. (i) TOA shall provide bookkeeping, accounting and accounting records and office management for the System; (ii) TOA shall prepare and retain all necessary System records and documents in accordance with federal and state guidelines; (iii) TOA shall prepare, maintain and provide all reports necessary for the proper management of the System as agreed upon by both parties; (iv) TOA shall prepare, control and maintain all payroll records for System employees; and (v) TOA shall respond, within 72 hours, to all written requests from District for information or action. (e) Payment. TOA shall promptly pay all costs and expenses incurred in connection with the System and not allow any liens to be attached and/or filed against any of the Vehicles or Equipment. (f) Reporting of Incidents. In the event of an incident involving any of the Vehicles, TOA shall immediately notify District of such incident, file an accident report with the appropriate governmental authority, notify the appropriate insurance carrier in accordance with the policy of insurance and forward a copy of the accident report to District. (g) Type of Buses Used. District shall have the right to specify whether TOA shall utilize diesel or gasoline powered buses in providing Services hereunder. TOA shall promptly respond and comply with any reasonable request by District to TOA that TOA switch from one type of fuel powered bus to another type of fuel powered bus subject to the availability of that type of bus. The parties recognize that the District's right to switch from diesel powered buses to gasoline powered buses and vice versa is an important component of this Agreement. (h) Other. 6 BvrCrkMetro\Agreements IGAI-29-02.doc (i) Except as provided by District in accordance with Section 3, TOA shall provide and maintain all accessory equipment,warehouses, maintenance facilities and office equipment necessary to provide the Services enumerated herein; and (ii) TOA shall provide all other functions normally required in the operation of the System; and (iii) District agrees to the extent permitted by law and subject to the immunities, defenses and protections afforded under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any and all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying parties intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. In consideration for District's indemnification, TOA agrees to to the extent permitted by law and subject to the immunities, defenses and protections afforded under the Colorado Governmental Immunity Act, §24-10-101 et seq., C.R.S., to indemnify, defend and hold harmless District, its respective agents, officers, and employees of and from any or all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying parties' intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. (iv.) Except with respect to the obligations of (iii) hereof, the liability of TOA hereunder shall be limited to the provision of services, and District shall have no claim to special, incidental, consequential, indirect or tort damages for the breach hereof. 5. CONDITION OF VEHICLES AND EQUIPMENT. (a) Vehicles. The Vehicles shall: (i) Be inspected by TOA prior to commencement of 'this Agreement; thereafter, TOA shall present District with a written list of repairs necessary for the Vehicles to be in operable condition; (ii) Be inspected by District at least forty (40) days prior to the termination of the Agreement; thereafter, District shall present to TOA a written list of repairs no later than thirty (30) days prior to the termination of this Agreement. In the event that repairs are necessary, TOA shall have thirty (30) days from receipt of District's list of repairs to effect such repairs and return the Vehicles to District; and 7 avrcrkMctro\Agreements IGAI-29-02.doc (iii) Be returned by TOA to District in the same condition as received, ordinary wear and tear excepted. (b) Equipment. The Equipment shall be delivered to TOA in its "as is" condition. Upon termination of this Agreement, TOA shall return all of the Equipment to District in the same condition as it was received, ordinary wear and tear excepted. TOA shall be responsible for the replacement, at no cost to District, of any item of Equipment that is not returned to District, whether from loss, theft or failure to replace such Equipment. 6. COMPENSATION, INVOICING, PAYMENT AND RECONCILIATION. (a) Compensation. District shall compensate TOA each month, as invoiced by TOA and accepted by District, in accordance with an annual expense budget prepared by TOA and approved by District. Such budget shall be submitted by TOA to District by August 31 of each year and District shall aprpove same, with any items as changed pursuant to negotiation between the parties, by September 30 next following submittal of the budget. Said budget shall be deemed approved if no objection is received by TOA by September 30. Said budget will include the extimated expense of operating the entire System. District shall pay that portion of the entire System's budgeted costs equal to its share of the total labor service hours devoted to the System as determined and estimated by TOA. (i) Said budget shall include the fixed costs for operation of the System during the budget year, which expense shall be paid in equal monthly installments. (ii) From time to time, costs will arise that vary depending on the extent of the operation of the System and that are not otherwise included as a fixed expense. These variable costs will be determined on a monthly. basis and billed to District on a proportionate basis on variable hourly rates determined by the said budget multiplied by the monthly labor service hours. District shall pay monthly its proportionate share of such additional variable costs when billed to it. (iii) From time to time, costs will arise that are not included in the above-described fixed or variable costs, including but not limited to, such non-recurring costs as outside repair of vehicles or equipment, motor replacement refurbishing of vehicles, and painting of vehicles. TOA shall not incur such costs unless it receives prior approval from District. However, no such prior approval shall be necessary with regard to any costs arising from an emergency which requires that the costs be incurred in order to operate the vehicle or equipment. District shall pay such costs when billed to it. (b) Invoicing. 8 BvrCrkMetroW,greements IGAI-29-02.doc (i) On the tenth day of each month during the Term of this Agreement, TOA shall submit an invoice for payment to District on a monthly basis to the address shown below: Beaver Creek Metro District c/o Robinson & Marchetti 28 Second St., #213 Edwards, CO 81632 Attn: Kenneth J. Marchetti Payment shall be made by District to TOA within thirty (30) days after receipt and acceptance of a proper invoice. District shall submit payment to TOA by means of a check made payable to TOA and sent first-class mail to: Town of Avon PO Box 1726 Avon, CO 81620 Attn: Mr. Harry Taylor (ii) TOA shall account for the operation of each of the System Services in a separate line item.on a weekly basis and shall retain such weekly accounting records for one year. Such monthly invoice shall include the total number of hours of operation of the System for the preceding month compared to budgeted hours. All backup documentation required to substantiate the hours of operation, including but not limited to, operator trip sheets and time cards for all Vehicle drivers, shall be available for District's review upon request. (c) Reconciliation. In the event actual variable expenses for any month differ from the amount estimated by TOA on the first day of the month, District shall be credited or charged for the overpayment or underpayment, as the case may be, in the following month's invoice. Furthermore, a reconciliation of the entire compensation scheme, including an accounting and pro rata apportionment of actual fixed costs, shall be completed by the parties annually, such reconciliation commencing on the date of TOA's annual internal audit. (d) Obligations to Constitute Current Obligations of District and TOA. Notwithstanding any other provision contained in this Agreement to the contrary, District and TOA acknowledge and agree that all obligations of District and TOA under this Agreement, including but not limited to the payment of the compensation set forth in this Paragraph 6 are subject to annual budget and appropriation by District and TOA. District's and TOA's obligations under this Agreement shall be from year to year only and shall not constitute a multi-fiscal year debt or indirect debt or other obligation of the District or TOA or an obligation of the District or TOA payable or to be fulfilled in any fiscal year beyond 9 BvrCrkMetro\AF=ments IGAI-29-02.doc the fiscal year for which funds are budgeted and appropriated for the payment or funding thereof, or payable or funded from any funds of District or TOA other than funds budgeted and appropriated for the payment of current expenditures. In the event nonappropriation by District occurs, however, District shall be liable for all compensation payable to TOA and allocable to any period during which the District shall continue to receive or has received services from TOA under this Agreement. 7. AUDIT AND INSPECTION OF RECORDS. District or its authorized representative, shall be afforded access to TOA's records, books, inventory and supportive documents and similar data relating to the Services and operation of the System (the "Records"), and TOA shall preserve all such Records for a period of three (3) years after the termination of this Agreement. In the event District shall determine there has been error on the part of TOA, District may cause an audit to be made (the cost of such audit to be borne by the parties pro rata, on the same ratio as the fixed expenses were last prorated immediately prior to the said Audit). If such audit shall determine that there has been an error in the accounting, and such error results in a deficiency in the payment of the compensation due, then District shall immediately pay TOA such deficient amount of compensation plus TOA's share of the audit expense paid by TOA. If such audit shall determine that there has been an error in the accounting, and such error results in an overpayment of compensation paid, then TOA shall immediately reimburse District the amount of compensation determined to be overpaid plus District's share of the audit expense paid by District. 8. INSURANCE. The parties agree to each acquire and maintain appropriate insurance coverage for their respective operations under this Agreement as more particularly described in "Insurance Requirements", attached hereto as Exhibit "B" an by this reference made a part hereof. 9. TERMINATION. Except as provided herein, either party may terminate this Agreement with or without cause, by giving the other party at least sixty (60) days prior written notice. In the event of such termination, TOA shall be paid its costs, including but not limited to, payment for all services performed up to and including the date of termination and un-reimbursed Fixed Costs. All of the foregoing costs shall be determined on a pro rata basis allocated as the date of termination. Upon termination of this Agreement, TOA shall take immediate action to discontinue the Services and operations in an orderly manner. If this Agreement is terminated by either party, District shall continue to make payments to TOA, subsequent to such termination until the obligations are satisfied or released, equal to all obligations of TOA incurred pursuant to this Agreement and due to others, which continue after the date of such termination. 10. DEFAULT AND FORCE MAJEURE. (a) Default. If either party: BvrerkMetrO\A9reements 10 IGAI-29-02.doc (i) fails to perform in accordance with the terms, covenants and conditions of this Agreement or is otherwise in default of any of the terms of this Agreement; or (ii) files involuntary petition in bankruptcy or is declared bankrupt or makes a general assignment for the benefit of its creditors, or is placed under a general receivership, that party shall be deemed to be in default under this Agreement and the other parry, after giving ten (10) days prior written notice to the other party of the alleged default, and upon said defaulting parry's failure to cure such breach or to reasonably commence to cure such breach within said ten (10) days, the non-defaulting party shall have the rights set forth under Section 11 hereof. (b) Force Maieure. In the event TOA is unable to perform any of the services required hereunder because of acts of God, outbreak of war, earthquake, fuel embargo, or similar events beyond the control of TOA, excluding normal weather conditions, then TOA's obligation to perform the Services under this Agreement shall be suspended during that period of time that such condition exists. 11. REMEDIES In the event that either parry defaults under this Agreement, as set forth in Section 10 above, the other party shall have the following rights and remedies (but in no case the obligation), in addition to all other remedies available to it at law or in equity, and none of the following, whether or not exercised by the non-defaulting party, shall preclude the exercise of any other right or remedy whether herein set forth or existing at law or in equity. (a) Termination. The non-defaulting party shall have the right to terminate this Agreement by giving notice in writing to the defaulting party, subject to the right to cure, pursuant to Section 10 hereof. (b) Legal Action. The non-defaulting party shall have the right to enforce this Agreement in a court of competent jurisdiction or seek such other equitable relief as may be appropriate, including but not limited to, temporary restraining orders and injunctions. (c) Reimbursement. In connection with the enforcement of any or all of the remedies set forth herein, the party found to be in default agrees to reimburse the other party for all of its reasonable attorney fees and related expenses. 12. ASSIGNMENT AND SUBCONTRACTING. Neither District nor TOA shall assign, delegate or transfer its duties under this Agreement without the prior written consent of the other party. TOA shall not enter into any transportation service subcontract hereunder without prior written consent of District. Nothing herein contained however shall preclude TOA from subcontracting for repair and maintenance services as needed on the vehicles. 11 BvrCrkMetro\Agreements IGAl-29-02.doc 13. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12, the terms of this Agreement shall be binding on the successors and assigns of either party. 14. COMPLIANCE WITH LAW/SAFETY PROGRAM. TOA hereby warrants that: (a) Standards. It will utilize the highest professional standards in providing its Services; (b) Compliance. It will comply with all applicable laws, ordinances, rules and regulations, whether federal, state, local or otherwise affecting its Services; and (c) Safety. It will be responsible for its own safety program and compliance with all applicable Occupational Safety and Health Administration regulations. 15. NOTICES. Any statement, notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by first-class United States mail, postage prepaid, addressed as follows: If to District: Beaver Creek Metropolitan District c/o Robinson & Marchetti 28 Second St., #213 Edwards, CO 81632 Attn: Mr. Kenneth Marchetti With a copy to: James P. Collins Collins Cockrel & Cole 390 Union Blvd., Suite 400 Denver, CO 80228 If to TOA: Town of Avon PO Box 1726 Avon, CO 81620 Attn: Mr. Harry Taylor With a copy to: John W. Dunn Dunn & Abplanalp, P.C. 108 South Frontage Road West, Suite 300 Vail, CO 81657 12 BvtCrkMetro\Agmements IGAl-29-02.doc Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 16. EQUAL EMPLOYMENT; AFFIRMATIVE ACTION. TOA shall not discriminate against any employee or applicant because of race, color, religion, sex, age or national origin. TOA shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, color, religion, sex, age or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay, or other forms of compensation; and selection for training, including apprenticeship. TOA agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this Section 16. 17. MISCELLANEOUS. (a) Validi If any clause or provision of this Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) Changes. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. (c) Captions. The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. (d) Legal Payments. If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall have an recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. (e) Warranties, Provisions and Rights. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this Agreement shall survive the termination of this Agreement. (f) Timeliness. Time is of the essence with respect to the performance of each of the covenants and agreements herein set forth. 13 BvrCrkMetroWgree=nts IGAI-29-02.doc (g) Operating Procedures. The operation of the System under this Agreement shall be governed by the Policies and Procedures in TOA's Personnel Manual to the extent the same do not conflict with the terms, covenants and conditions of this Agreement. In the event of a conflict between TOA's Personnel manual and this Agreement, this Agreement shall control. (h) Governing Law. This Agreement is governed by and must be construed under the laws of the State of Colorado. (i) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. 0) Facsimile Copies. This Agreement and all documents to be executed and delivered hereunder may be delivered in the form of a facsimile copy, subsequently confirmed by delivery of the originally executed document. (k) Entire Agreement. This Agreement constitutes the entire agreement between District and TOA concerning the subject matter of this Agreement. This Agreement may not be amended or modified orally, but only by a written agreement executed by District and TOA and designated as an amendment or modification of this Agreement. IN WITNESS WIEREOF, the parties hereto have executed this Agreement as of the respective dates set forth below to become effective as of the date first written above. Date: won'. BEAVER CREEK METROPOLITAN DISTRICT Y4171 Aresiden ATTEST: By: e retary ce?6?- Date: kfi? JL1 ZODt. 14 BvcCrkMetroWgreements IGAl-29-02.doc TOWN OF AVON, a municipal corporation Attest: By: Town Clerk By: is Mayor svtCAMetro\Agreements IGAI-29-02.doc EXHIBIT "A" (Attached to and forming part of the Agreement by and between the Beaver Creek Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective October 1, 2001) Beaver Creek Parking Lot Bus Service Fleet List Unit# Year Make Type Vin# Plate# 839 1996 GILLIG BUS 15GCD2010T1087492 EMD9848 840 1996 GILLIG BUS 15GCD2012T1087493 EMD9847 841 1996 GILLIG BUS 15GCD2014T1087494 EMD9846 842 1996 GILLIG BUS 15GCD2016T1087495 EMD9845 843 1996 GILLIG BUS 15GCD2018T1087495 EMD9844 844 1996 GILLIG BUS 15GCD201XT1087497 EMD9849 845 1996 GILLIG BUS 15GCD2011T1087498 EMD9850 846 1996 GILLIG BUS 15GCD2013T1087499 EMD9851 847 1996 GILLIG BUS 15GCD2016T1087500 EMD9852 848 1996 GILLIG BUS 15GCD2018T1087501 EMD9853 812 2001 RYSTALCOAC MINIBUS 1FDAF56S51EA36484 596CNC 813 2001 RYSTALCOAC MINIBUS 1FDAF56S71EA36485 597CNC * * * MINIBUS * * * MINIBUS * * * MINIBUS * * * MRgIBUS * * * MINIBUS District shall provide to Avon a minimum of 10 diesel powered buses, 2 gasoline powered mini buses, and 5 additional gasoline powered mini buses rotated from District's existing transportation fleet. The 5 additional vehicles unit #, year, make, VIN #, and plate #'s will vary from time to time within the term of this Agreement. 16 BvrQkMetrokAgreements IGAl-29-02.doc * Will vary from time to time 17 BvrCrkMetro\Agreements IGAl-29-02.doc EXHIBIT "B" (Attached to and forming part of the Agreement by and between the Beaver Creek Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective October 1, 2001) Insurance Requirements 1. TOA's Insurance. TOA shall carry and pay the premiums for insurance of the types and with limits of liability not less than stated below. Such insurance shall be maintained in effect during the entire term of this Agreement. (a) Comprehensive general liability insurance in a claims made format all e6ntents of premises used by TO A, maintenance of Vehicles by TOA and operations provided by TOA in performance of this Agreement with limits of liability of not less than $150,000 1,000,000 per per-se occurrence /$690;900 2,000,000 per- eeeuffe aggregate, and providing, to the extent possible under a claims made format, continuous coverage for that period of time following the expiration or termination of this Agreement which is necessary under applicable laws (whether statutes of limitation, governmental immunity laws or otherwise) to ensure valid outstanding claims will be covered under such policy. Such liability insurance shall also include coverage for personal injury, contractual liability and premises operations. District shall be named as additional insured on any above-referenced policies. (b) Vehicle liability insurance covering all Vehicles listed on Exhibit "A" hereof and used in connection with the Services performed under this Agreement with limits of liability of not less than $1,000,000 per occurrence /$2,000,000 aggregate. Coverage will also include medical payments, collision and comprehensive physical damage coverage with a $5,000 deductible. Deductible losses up to $5,000 shall be the responsibility of District. District shall be named as additional insured and loss payee on this policy. In the event of damage or destruction of any Vehicle or Vehicles provided by District under this Agreement, District agrees that liability of TOA for said damage or destruction shall be limited to the actual cash value of the Vehicle(s) at the time of the loss or the cost to repair, whichever is less. (c) Workers Compensation insurance covering all TOA's employees engaged in performing the Services pursuant to this Agreement in accordance with the provisions of the Workers Compensation Act (as amended) of the State of Colorado. 2. District Insurance. District shall carry and pay the premiums, during the entire Term of this Agreement for vehicle liability insurance coverage on all Vehicles not listed on Exhibit "A" herein and used in connection with the services with the limits of liability of not 18 BvrCrkMetro\Agreements IGAI-29-02.doc less than $1,000,000 per occurrence ($2,000,000 aggregate combined single limits for bodily injury and property damage). Coverage will also include uninsured motorists, medical payments and collision and comprehensive physical damage coverage with a $1,000 deductible. Deductible losses.up to $1,000 shall be the responsibility of District. TOA shall be named as additional named insured on this policy. 3. Certificates of Insurance. TOA and District shall each provide the other with certificate(s) of insurance evidencing the policies listed above upon execution of this Agreement. 19 BvrCrkMetro\Agreements IGAI-29-02.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -)D Z- -From: Norman Wood, Town Engineer///,/ Anne Martens, Assistant Town Engineer Date: 5/6/2002 Re: Resolution No. 02 - 23, Approving the Final Plat, A Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5601A and 5061 B Wildridge Road East) Summary: HJB Development, LLC, owner of Lot 75, Block 4, Wildridge, has submitted a Final Plat to resubdivide Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 75A and 75B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 23, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: C c?J c? CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\L75B4WR.doc TOWN OF AVON RESOLUTION NO. 02 - 23 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 75, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, HJB Development, LLC has submitted a Final Plat for a Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny Town Clerk C:\Documents and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L75B4WRres0223.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ??- - From: Norman Wood, Town Engineer r N Anne Martens, Assistant Town Engineer Date: 5/7/02 Re: Resolution No. 02 - 24, Approving the Final Plat, A Resubdivision of Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2421 A & 2421 B Saddleridge Loop) Summary: Michael Dantas, owner of Lot 69, Block 1, Wildridge, has submitted a Final Plat to resubdivide Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex Lot 69A and Lot 69B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 24, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\L69B1WR.doc TOWN OF AVON RESOLUTION NO. 02 - 24 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 69, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Michael Dantas has submitted a Final Plat for a Resubdivision of Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 69, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny Town Clerk CADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L69B1 WRres0224.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager r ' i- - From: Ruth Borne, Director of Community Development Date May 9, 2002 Re: Resolution 02-25 A Resolution Accepting All Title and Interest in Lot 38, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas PUD), Town of Avon, Colorado Discussion On October 23, 2001 Council approved the Barrancas PUD (Ordinance 01-12), which required the owner, Tanavon Corporation, convey Lot 38, Block 1, Benchmark at Beaver Creek Subdivision (BMBC) to the Town as designated open space. Tanavon has executed a quitclaim deed conveying all title and interest in Lot 38, Block 1, BMBC to the Town of Avon. Recommendation Staff recommends the Council accept Lot 38, Block 1, Benchmark at Beaver Creek Subdivision as designated open space in compliance with the terms and condition of the Barrancas PUD. Proposed Motion "I move to approve Resolution 02-25 A Resolution Accepting All Title and Interest to Lot 38, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas PUD)." Town Manager Comments Attachments: Resolution 02-25 Draft Quit Claim Deed to Lot 38, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas PUD) - original will be provided at meeting Memo to Town Council, May 14, 2002 Page 1 of 1 Resolution 02-25 - Lot 38, Barrancas PUD TOWN OF AVON RESOLUTION NO. 02-25 SERIES OF 2002 A RESOLUTION ACCEPTING ALL TITLE AND INTEREST IN LOT 38, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION (BARRANCAS PUD), TOWN OF AVON, COLORADO WHEREAS, the PUD for Barrancas required the Owner, Tanavon Corporation to convey Lot 38 Block 1, Benchmark at Beaver Creek Subdivision to the Town of Avon as designated open space; and WHEREAS, Tanavon Corporation has prepared a Quit Claim deed conveying all right, title, and interest to the Barrancas PUD, Lot 38, Block 1, Benchmark at Beaver Creek Subdivision which is attached hereto and incorporated herein; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the Town of Avon hereby accepts all title and interest to Lot 38, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas PUD) as designated "Open Space". ADOPTED THIS 14TH DAY OF MAY, 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Town Clerk May 09 02 09:50a Fieldstone Development LL 970-476-8293 p.2 QUIT CLAIM DEED THIS DEED, Made this day of May, 2002, between Tanavon Corporation, a Colorado corporation of the County of Eagle and State of Colorado, grantor, and Town of Avon, a Colorado home rule Municipality whose legal address is 400 Benchmark Road Avon, Colorado 81620 of the County of Eagle and State of Colorado, grantee: WITNESSETH, that the grantor for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, does remise, release, sell, convey and Quit Claim unto the grantee, its successors and assigns, forever, the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado described as follows: Barrancas PUD Lot 38, Block 1 Benchmark at Beaver Creek Subdivision, Town of Avon Also known by street and number as: 471 Metcalf Road, Avon, Colorado. TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances and privileges thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee and its assigns forever. The singular number shall include the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Tanavon Corporation, a Colorado corporation By: Oscar L. Tang, President State of Colorado ) )ss. County of Eagle ) The foregoing instrument was acknowledged before me this day of May, 2002, by Oscar L. Tang as President of Tanavon Corporation, a Colorado corporation. My commission expires: . Witness my hand and official seal. Notary Public AVO N C O L O R A D O TomofAwn P.O. Bcoc975 400 BaxhiwkPcad Awn, Cdaado 81620 970-748-4005 Office of the Assistant Town Manager To: Honorable Mayor and Town C uncil Thru: Bill Efting, Town Manager?- From: Larry Brooks, Assistant Town Managey Date: May 9, 2002 Re: The Village (at Avon) Filing 2 Subdivision Improvements Agreement (Buffalo Ridge Affordable Housing Project) Summary: The Town Council recently approved the Final Plat and Subdivision Improvements Agreement by passage of Resolution 02-20. The amount of the security for the public improvements related to this project was set at $2,440,635.00, based on engineers estimates at the time. Since that action was taken, the actual bid has been received for the work that is lower than was estimated by $224,484.00. The actual bid is $2,216,151.00. The Town is being asked to lower the required security for the project to match the actual bid submitted to complete the work. In an age of ever increasing costs, it is rare that we have the opportunity to actually reduce development costs. We have reviewed the bids and believe it appropriate to reduce the required security commensurately. Recommendations: Approve Resolution 02-26, Series of 2002, A resolution Amending Exhibit B of the Subdivision Improvements Agreement for The Village (at Avon), Filing 2, Town of Avon, Eagle County, Colorado. Town Manager Comments: TOWN OF AVON RESOLUTION NO. 02-26 Series of 2002 A RESOLUTION AMENDING EXHIBIT B OF THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (at AVON) FILING 2, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit corporation, Buffalo Ridge II LLLP and Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado for approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, the Town Council approved these documents through action taken by Resolution 02-20 on April 23, 2002; and WHEREAS, the cost of public improvements related to the project has been reduced as the result of actual bids received for the project; and WHEREAS, the Town of Avon desires to receive only the amount needed to provide the necessary security for the public improvements WHEREAS, the attached Exhibit B to the Subdivision Improvements Agreement provides security for the construction of the public improvements required for development of The Village (at Avon) Filing 2 Subdivision as required by Section 16.24.100 of the Avon Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the attached Exhibit B is approved and shall be substituted for the Exhibit B previously approved through resolution 02-20 as part of the Subdivision Improvements Agreement for The Village (at Avon) Filing 2. ADOPTED THIS DAY OF May 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny Town Clerk Village (at Avon) Filing 2 Subdivision Improvements Agreement - Exhibit B Wintergreen Homes 11:48 AM 5/9/2002 SIA budget / Sheet2 Unit Item Description Quantity Unit Cost Extension Subtotal 1 General 1.1 Mobilization 1 LS 14,000.00 $14,000 subtotal $14,000 2 Demolition 2.1 Fence & barricade removal 1 LS 4,753.00 $4,753 subtotal $4,753 3 Earthwork 3.1 Clear & Grub 11150 CY 1.47 $16,391 3.2 Topsoil - replace 2000 CY 7.50 $15,000 3.3 Excavation 58548 CY 0.74 $43,033 3.4 Embankment 72254 CY 0.56 $40,180 subtotal $114,604 4 Road Construction 4.1 Subgrade prep. 13430 SY 1.30 $17,459 4.2 Bike path subgrade prep. 4205 SY 1.30 $5,467 4.3 Class 6 road base a 10" 8047 Tons 13.09 $105,300 d Bike path 1245 Tons 16.06 $20,000 4.4 Asphaltic concrete a 4" 3428 Tons 36.07 $123,653 c 3" bike path 520 Tons 45.38 $23,598 4.5 Guardrail 2171 LF 13.35 $28,987 4.6 Guardrail anchorage 8 EA 1,000.00 $8,000 4.7 Trailhead parking (included in asphalt 0 LS 0.00 $0 4.8 Striping 1 LS 17,000.00 $17,000 4.9 Signs 11 EA 1,200.00 $13,200 4.11 Sidewalk (incl prep) 10026 SF 6.98 $70,000 4.12 Bus stop concrete paving 5452 SF 6.60 $35,965 subtotal $468,629 5 Drainage & Debris Mitigation 5.1 Pond excavation 32942 CY 0.91 $30,000 5.2 Pond embankment 5504 CY 1.79 $9,860 5.3 18" HDPE 1233 LF 29.44 $36,301 5.4 18" RCP 94 LF 115.17 $10,826 5.5 30" HDPE 689 LF 69.45 $47,851 5.6 48" HDPE 379 LF 45.56 $17,268 5.7 60" HDPE 304 LF 101.28 $30,789 5.8 18" HDPE end section 31 EA 343.16 $10,638 5.9 30" HDPE end section 1 EA 350.00 $350 Village (at Avon) Filing 2 Subdivision Improvements Agreement - Exhibit B Wintergreen Homes 11:48 AM 5/9/2002 SIA budget / Sheet2 Unit Item Description Quantity Unit Cost Extension Subtotal 5.10 48" HDPE end section 2 EA 842.00 $1,684 5.11 Storm manholes 5 EA 3,060.60 $15,303 5.12 Inlets 6 EA 2,909.33 $17,456 5.13 Riprap 4688 Tons 9.48 $44,427 5.14 Concrete headwalls 2 EA 5,844.50 $11,689 5.15 Nottingham - Puder ditch a 36" HDPE 843 LF 71.31 $60,114 b 6' manholes 5 EA 3,664.00 $18,320 c Slide gate 1 EA 1,000.00 $1,000 d R/R existing 36"end sections 2 EA 1,000.00 $2,000 e Tie to existing 24" RCP 1 EA 1,000.00 $1,000 5.21 Detention pond outlet structure 6 EA 5,407.67 $32,446 subtotal $399,322 6 Revegetation & Erosion Control 6.1 Erosion control 1 LS 2,671.00 $2,671 6.5 Silt fence 1 LS 9,562.00 $9,562 6.6 Seed & mulch 5 Acre 3,660.00 $18,300 subtotal $30,533 7 Utilities 7.1 Water Main a 12" DIP 4096 LF 35.75 $146,432 b 12" bends 11 EA 7.45 $82 c Fire hydrant assembly 5 EA 3,815.80 $19,079 d 4" water service line 15 EA 2,031.93 $30,479 e Air vac/prv manhole 1 EA 3,650.00 $3,650 7.2 Sanitary Sewer Main a 8" PVC 5200 LF 20.15 $104,762 b Manholes 18 EA 2,096.67 $37,740 c Sanitary service lines 15 EA 964.73 $14,471 subtotal $356,695 8 Retaining Walls 8.1 MSE walls 6289 SF 56.44 $354,935 8.2 Wall Excavation 4100 CY 10.03 $41,107 8.3 Wall backfill 2500 CY 8.22 $20,554 8.4 Boulder retaining wall 6289 SF 16.38 $103,034 subtotal $519;630 9 Booster Pump Station 9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000 9.2 Site electrical & concrete 1 EA 25,000.00 $25,000 Village (at Avon) Filing 2 Subdivision Improvements Agreement - Exhibit B ................. subtotal 90 Construction Management 10.1 Insurance, bond & fee Wintergreen Homes 11:48 AM 5/9/2002 SIA budget / Sheet2 Unit $125,000 1 EA 9.00% $182,985 subtotal 1 $182,985