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TC Council Packet 07-13-20107 TOWN OF AVON, COLORADO ON AVON REGULAR MEETING FOR TUESDAY, JULY 13, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT 5. CONSENT AGENDA a. Minutes from June 22, 2010 b. Change Order 002 Nottingham Fishing Pier Construction Contract with Thrasher LLC to Account for Additional Work (Shane Pegram, Engineer II) Change order accounts for additional work that was not included in the original contract c. Resolution 10 -17, A Resolution Approving a Supplemental Agreement revising the Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project (Jeff Schneider, Project Engineer) d. Change Order 01 Community Heat Recovery Project to GE Johnson Construction Company contract (Jeff Schneider, Project Engineer) Change Order 1 to the construction contract with GE Johnson Construction Company for the Avon Community Heat Recovery Project e. Resolution No. 10 -18, Series of 2010, Resolution Authorizing the Town of Avon to Participate in the Coordinated Election on November 2, 2010 6. ORDINANCES a. Ordinance No. 10 -11, Series of 2010, First Reading, Ordinance Amending Chapter 5.12 Of The Avon Municipal Code Concerning Booting Regulations (Eric Heil, Town Attorney) Proposed amendments include requiring parking enforcement companies to accept payment by credit card and to include a phone # for the property Owner /Manager who authorized vehicle impoundment b. Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property (Eric Heil, Town Attorney) Amending the Municipal code to prohibit medical marijuana business use of property Avon Council Meeting. 10.07.13 Page 4 of 5 TOWN OF AVON, COLORADO AV O AVON REGULAR MEETING FOR TUESDAY, JULY 13, 2010 a� NJ MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 7. NEW BUSINESS a. Update on Town wide Compliance with Ordinance No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulations (Jenny Strehler, Director PW &T) Update on Noxious Weed Abatement progress to date b. "Walking Mountain (formerly Gore Range Natural Science School) Diversion of Water from Buck Creek (Justin Hildreth, Town Engineer) Review request from the school to use town's water rights from Buck Creek for private property ground irrigation 8. TOWN MANAGER REPORT 9. TOWN ATTORNEY REPORT 10. MAYOR REPORT 11. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: JULY 27T ": Review preliminary Capital Improvement Projects Budget, "A Water Provider's Perspective on the Watershed" presented by Linn Brooks, ERWSD, Public Hearing on First Reading of Ordinance adopting Avon Development Code, Updated ERFPD IGA & related code language, IGA for Eagle County Building Inspection Services, IGA for Eagle County Radios Avon Council Meeting. 10.07.13 Page 5 of 5 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 22, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Deputy Town Clerk/HR Asst Catherine Haynes, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Recreation Director Meryl Jacobs, Community Relations Officer Jaime Walker as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Update on the Salute to USA was moved to Community & Citizen Input from the Consent Agenda. Councilor Ferraro requested that the following consent agenda items be discussed separately: (b) First Amendment to Phase II Subdivision Improvements Agreement for Lots 2, 3 and 5, Buck Creek Planned Unit Development and (c) Agreement between Town of Avon and Iron Kids Triathlon for Sponsorship COMMUNITY & CITIZEN INPUT a. Danita Chirichillo, Special Events Coordinator, presented an Update on the Salute to U.S.A. Event & Distributed Credentials to the Council Members CONSENT AGENDA Mayor Wolfe asked for a motion on Item (a) on the consent agenda. Mayor Pro Tern Sipes moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously: a. Minutes from May 25, 2010 Mayor Wolfe asked for a motion on Item (b) First Amendment to Phase II Subdivision Improvements Agreement for Lots 2, 3 and 5, Buck Creek Planned Unit Development on the consent agenda. Councilor Phillips moved to approve the First Amendment to Phase II Subdivision Improvements Agreement for Lots 2, 3 and 5, Buck Creek Planned Unit Development. Councilor Ferraro seconded the motion and it passed unanimously by those present (Mayor Pro Tern Sipes recused himself from this item due to a conflict of interest). Councilor Ferraro noted that there were some items listed in the agreement between Town of Avon and Iron Kids Triathlon for Sponsorship that she would like to discuss as follows: 4(b) Obligations and undertakings of host, 6 (c) Additional terms, 10 Indemnification 13 (b)Termination Due to the limited timeframe, it was noted that the agreement would be approved at this time, and staff was asked to work to revise and include the points raised into a final agreement. Mayor Wolfe asked for a motion on Item (c) Agreement between Town of Avon and Iron Kids Triathlon for Sponsorship Councilor Mayor Wolfe moved to approve the Agreement between Town of Avon and Iron Kids Triathlon for Sponsorship with the addition of Staff working to accomplish all the points raised into a final agreement. Councilor Sipes seconded the motion and it passed unanimously: ORDINANCES Eric Heil, Town Attorney, presented Ordinance No 10 -10, Series of 2010, Second Reading, Ordinance Amending Chapter 3.12 of the Avon Municipal Code to Revise the Exemptions from Real Estate Transfer Taxes with the changes requested at the previous meeting. Mayor Wolfe opened the Public Hearing; no comments were made and the hearing was closed. Councilor Reynolds moved to approve Ordinance No 10 -10, Series of 2010, Ordinance Amending Chapter 3.12 of the Avon Municipal Code to Revise the Exemptions from Real Estate Transfer Taxes. Councilor Ferraro seconded the motion and it passed unanimously. RESOLUTIONS Scott Wright, Assistant Town Manager Finance, presented, Resolution No. 10 -16, Series of 2010, Resolution of the Town of Avon Authorizing a Tabor Election on November 2, 2010, Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto. Mayor Wolfe opened the Public Hearing and the following citizens gave their input: ➢ Tony O Rourke ➢ Roger Benedict ➢ Linn Brooks ➢ Mike Bennett ➢ Bethany Boston Johnson All people listed were in favor of this project but stated that with a poor economy the timing would not be right to move forward with this project. Mayor Wolfe closed the public hearing and opened up discussion with the council members. All council members thought this was a good project but were concerned that it could fail for all the wrong reasons if it was placed on a November Ballot. Mayor Wolfe and Councilor Carroll commented on the State Ballot Measure 60, 61 and 101. The Council did not make a motion on Resolution No. 10 -16, Series of 2010, Resolution of the Town of Avon Authorizing a Tabor Election on November 2, 2010, Fixing the Ballot Title and Question to send the project to the November ballot. This leaves the project on indefinite hold. MAYOR REPORT Mayor Wolfe, presented an update on the Mayor /Manager Meeting that he and Larry Brooks attended in Eagle County regarding transportation in the valley and the county bus system. TOWN MANAGER REPORT Larry Brooks, Town Manager, noted that Chief Ticer is working on the 2015 World Championships security with The Town of Vail. It was also noted that the Police Department is on track for the CALEA certification later this year and The Town of Avon will be the only small town in the state of Colorado to be certified in this manner. There being no further business to come before the Council, the regular meeting adjourned at 7:20 PM. RESPECTFULLY SUBMITTED: Catherine Mythen, Deputy Town Clerk Regular Council Meeting Page 2 of 3 10.06.22.doc APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 10.06.22.doc Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. Kb- From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II Date: June 25, 2010 Re: Change Order 002 — Change Order to Construction Contract with Thrasher LLC to Account for Additional Work Summary: Thrasher LLC has completed construction of the Harry A. Nottingham Park Fishing Pier. Change Order 002 (Exhibit A) accounts for additional work that increased construction costs by $11,481.67. Previous Council Action: The Fishing is Fun grant contract was approved by the State of Colorado on February 18, 2010. The construction contract for the Harry A. Nottingham Park Fishing Pier was awarded to Thrasher LLC at the April 13, 2010 Town Council meeting. Town Council also approved Change Order 001 on May 25, 2010. Discussion: The Fishing Pier contract with Thrasher LLC includes construction of the fishing pier and an asphalt access path to the pier. The fishing pier is located in the northeast comer of Nottingham Lake. The following revisions were requested: • Item 1 accounts for modification to the end rail section to allow removal for future maintenance and event planning. • Item 2 is the credit for not applying stain to the deck as a result of the switch to Trex decking from Redwood. • Item 3 accounts for topsoil and sod placement on each side of new access path to gradually transition into the existing topography. This was not planned in the original contract. • Item 4 was added to ensure the pier elevation remained above the higher water level created by the new spillway installed in 2009. • Item 5 accounts for the installation of a toe kick and additional railing to comply with the Building Code spacing requirements. • Item 6 accounts for placement of boulders around the lake in various locations on the east, south, and west shores to provide additional seating around the lake. Installation of these boulders was approved by the Division of Wildlife for reimbursement from grant funds. • Item 7 accounts for additional roadbase that was required for grading the new access path to meet ADA standards. The existing topography was found to be at a steeper grade than what had been planned for in the original contract. June 25, 2010 Change Order 002 — Change Order to Construction Contract with Thrasher LLC • CO 2 extends the completion date from May 28, 2010 to June 15, 2010. Financial Implications: In 2008 and 2009 the Colorado Division of Wildlife (DOW) approved the Town of Avon's application for grant funding through the DOW's "Fishing is Fun" program. The total project budget is $180,000. The DOW grant will reimburse the town up to $101,700, but reimbursements will not exceed 64% of total project costs. Thrasher's original awarded contract amount of $89,507 is less than the amount anticipated in the budget for pier construction. The project is still within budget following Change Orders 1 and 2. The Change Order qualifies for 64% reimbursement from the DOW. Table 1 is a breakdown of the previously proposed budget and the actual budget. Table 1 Budget Item Original Budget Revised Budget Pier Desi n $10,000 $12,000 Pier Construction $90,000 $90,000 Change Order 001 $17,516 $17,516 Change Order 002 $11,482 Soil Investigation $3,000 $3,000 Contingency $59,484 $46,002 Total $180,000 $180,000 Recommendation: Approve Change Order 002 for $11,481.67 payable to the Harry A. Nottingham Park Fishing Pier contract with Thrasher LLC Town Manager Comments: NOTES: Exhibit A — Change Order 002 • Page 2 EXHIBIT A CHANGE ORDER Order No.: 002 Date: June 25, 2010 Agreement Date: _April 14, 2010 NAME OF PROJECT: Harry A. Nottingham Park Fishing Pier Project OWNER: Town of Avon, Colorado CONTRACTOR: Thrasher LLC The following changes are hereby made to the CONTRACT DOCUMENTS: Item Item Descriution Change Order 001 1. Removable Handrail $ 507.07 2. Deck Staining Credit $813.49 3. Topsoil and Sod $ 3,042.44 4. Survey of lake level $ 298.28 5. Install additional toe kick and rail $2,207.26 6. Install seating boulders around lake $5,667.30 7. Additional roadbase $572.81 Total 1 $11481.67 Justification: Change Order 002, item 1, accounts for modification to the end rail section to allow removal for future maintenance and event planning. Change Order 002, item 2 is the credit for not applying stain to the deck as a result of the switch to Trex decking from Redwood. Change Order 002, item 3, accounts for topsoil and sod placement on each side of new access path to gradually transition into the existing topography. This was not planned in the original contract. Change Order 002, item 4, was added to ensure the pier elevation remained above the higher water level created by the new spillway installed in 2009. Change Order 002, item 5, accounts for the installation of a toe kick and additional railing to comply with the Building Code spacing requirements. Change Order 002, item 6, accounts for placement of boulders around the lake in various locations on the east, south, and west shores to provide additional seating around the lake. Installation of these boulders was approved by the Division of Wildlife for reimbursement from grant funds. CO -2 Change Order 002, item 7, accounts for additional roadbase that was required for grading the new access path to meet ADA standards. The existing topography was found to be at a steeper grade than what had been planned for in the original contract. Change to CONTRACT PRICE: $11,481.67 Original CONTRACT PRICE: $89,507.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $107,022.89 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $11,481.67 The new CONTRACT PRICE including this CHANGE ORDER will be $118,504.56 Change to CONTRACT TIME: Completion date moved from May 28, 2010 to June 15, 2010 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst.Town Manager /Dir. of Community Developi From: Justin Hildreth, P.E., Town Engineer Jeffrey Schneider, P.E., Project Engineer Date: July 7, 2010 Re: Resolution 10 -17, Series of 2010, A Resolution Approving a Su Agreement Revising the Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project Summary: Attached to this memorandum is Resolution 10 -17, Series of 2010, a Resolution Approving a Supplemental Agreement Revising the Pipeline Crossing Agreement with Union Pacific Railroad (UPRR) at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project (Attachment A). The supplemental agreement is a requirement of UPRR for installation of the heat recovery pipelines across their property. The Supplemental Agreement modifies the language in the original Pipeline Crossing Agreement to change the installation methodology from open -cut to directional bore, and changes the effective date. All other provisions of the original agreement remain in effect. The original agreement is attached as Attachment B for reference. Staff recommends approval of Resolution 10 -17, Series of 2010. Discussion: Pursuant to the original Pipeline Crossing Agreement, the Town of Avon contacted UPRR's local track manager, who ultimately has the authority to direct all installations across UPRR right -of -way in 'Colorado. The local track manager, with support from the Denver office of UPRR, refused to allow the Town to install the pipelines in an open cut configuration as contemplated in the original agreement. This is the preferred method due to the lack of unknowns in excavating beneath the tracks and was the method on which the project's bid structure is based. In short, the Town is a victim of poor internal coordination within UPRR's ranks caused by the Omaha office of UPRR issuing the permit for open cut without local consent. Town staff investigated reapplying for the open cut permit and, after being told that a new application would require 46 months to process, that it was a low priority issue, and that the open cut would likely be disallowed anyway, Staff was directed to pursue a modification to the original Agreement with a Supplemental Agreement. This is the most expeditious way to accomplish the utility installation across the UPRR right -of -way and complete the project within schedule. Financial Implications: The execution of the Supplemental Agreement has significant financial implications to the Town since the change in installation methodology impacts the construction budget. The change in installation methodology had an approximate $108,000 increase to the project budget. Change Order 01 for the Community Heat Recovery Project, also on this meeting's agenda, contains the details of the financial implications. Recommendation: Staff recommends approval of Resolution 10 -17, Series of 2010, a Resolution Approving a Supplemental Agreement Revising the Pipeline Crossing Agreement with Union Pacific Railroad (UPRR) at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project. Proposed Motion: I move to approve Resolution 10 -17, Series of 2010, a Resolution Approving a Supplemental Agreement Revising the Pipeline Crossing Agreement with Union Pacific Railroad (UPRR) at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project. Town Manager Comments: Attachments: Attachment A: Resolution 10 -17, Series of 2010, a Resolution Approving a Supplemental Agreement Revising the Pipeline Crossing Agreement with Union Pack Railroad (UPRR) at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project Exhibit A to Resolution 10 -17: Supplemental Crossing Agreement Attachment 8: Original Pipeline Crossing Agreement • Page 2 ATTACHMENT A TOWN OF AVON RESOLUTION NO. 10 -17 Series of 2010 A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT REVISING THE PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD AT MILE POST 308.51, TENNESSEE PASS SUBDIVISION, FOR CONSTRUCTION OF THE COMMUNITY HEAT RECOVERY PROJECT WHEREAS, the Town of Avon adopted Resolution 09 -42, A Resolution Approving the Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.5 1, Tennessee Pass Subdivision, for Construction of the Avon Community Heat Recovery Project; and WHEREAS, Union Pacific Railroad has decided to disallow the Open Cut method of pipeline installation in favor of the directional boring methodology; and WHEREAS, the Town of Avon has been provided with the Supplemental Agreement, attached hereto as Exhibit A; and WHEREAS, the Supplemental Agreement changes the effective date and the method of installation for the project; all other provisions from the original Pipeline Crossing Agreement remain unaffected; and NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Supplemental Agreement as hereto attached as Exhibit A is hereby approved by the Town of Avon. ADOPTED THIS DAY OF , 2010 TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk J: CIP\Heat Recovery Project` 1.0 Administration' 1.5 Permits. 1.5.2 UPRR'Res No 10 -17 TOA approval of supplemental UPRR pipeline crossing agreement 7 -13 -10 mtg.doc SUPPAGR.DOC 980220 Form Approved, AVP -Law SUPPLEMENTAL AGREEMENT EXHIBIT A Folder: 02584 -73 Audit: 253519 THIS SUPPLEMENTAL AGREEMENT is made as of the day of , 20 , between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor ") and TOWN OF AVON, a Colorado municipal corporation, with a mailing address at Po Box 975 , Avon, Colorado 81620 (hereinafter the "Licensee "). RECITALS: By instrument dated June 21, 2010, the parties hereto, or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement "), identified as Audit No. 253519, covering 10 inch pipeline crossing and encroachment at or near Avon, County, Colorado. The parties now desire to modify the Basic Agreement by the following. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Article 1. SUBSTITUTION OF INSTALLATION METHOD. The method of installation for the above mentioned pipeline installation is being changed from open cut to jack and bore. Boring pits to be placed a minimum of 30 feet from the tracks. Article 2. EFFECTIVE DATE. This Supplemental Agreement shall be effective as of June 21, 2010. Article 3. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY TOWN OF AVON By: By: Manager - Contracts Name Printed: Title: Pipeline Crossing 080808 Form Approved, AVP -Law ATTACHMENT B liiT� 1_115-1_115-351.9 . PIPELINE CROSSING AGREEMENT Mile Post: 308.5 1, Tennessee Pass Subdivision/Branch Location: Avon, Eagle County, Colorado Folder No. 02584 -73 THIS AGREEMENT ( "Agreement ") is made and entered into as of November 04, 2009, ( "Effective Date ") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ( "Licensor ") and TOWN OF AVON, a Colorado municipal corporation to be addressed at Po Box 975, Avon, Colorado 81620 ( "Licensee "). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate two 10 inch pipeline for transporting and conveying water only and one electrical and one data pipeline across Licensor's track(s) and property (the "Pipeline ") in the location shown and in conformity with the dimensions and specifications indicated on the print dated November 03, 2009 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, electrical and date, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one -time License Fee of Nine Thousand Eight Hundred Twenty Dollars ($9,820.00). Article 3. OPEN CUT, A. Administrative Handling Charge. Upon the execution and delivery of this Agreement, the Licensee shall pay to the Licensor a fee of Three Thousand DOLLARS ($3,000.00) for the convenience of utilizing 'open cut' method of construction and for the impact or disruption this method of construction causes the Licensor in scheduling work crews to accommodate the construction. B. Licensee to Bear All Expenses Relating to Licensor Temporarily Removing Trackage; Licensee to be Liable for Delay; Estimated Costs. (1) The Licensee will utilize the `open cut' method of constructing and/or installing the Pipeline on the Premises, which will require the Licensor, at Licensee's sole expense, to temporarily remove and take out of service that portion of trackage designated on Exhibit A and relay such trackage upon completion of Licensee's work. C. Deferred Construction. The Licensor and Licensee acknowledge that conditions inherent in the 'open cut' method of constructing and/or installing the Pipeline may cause the complete stabilization of Licensor's trackage supported by new cuts or fills to be deferred beyond the construction period, and that Licensor's operation over the roadbed during the seasoning period will impose extraordinary maintenance costs in the event of caving, sliding, slipping, sinking or settling, including damage to rip- rapping or protective work in connection therewith, as well as settlement and consolidation of tracks and ballast, until the seasoning period is complete. Therefore, the Licensee will pay to the Licensor, as a part of the consideration for this Agreement, all that part of the cost and expense of extraordinary maintenance (hereinafter referred to as 'Deferred Construction') associated with the Facility which can be attributed to failure of subgrade, settlement, and consolidation of subballast, or roadbed, or any combination thereof, which are incurred during the period commencing immediately following completion of the work on the Facility by the Licensee or its contractor and ending five years thereafter. The Deferred Construction costs aforesaid shall include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and that portion of said tracks above subgrade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other necessary materials. Article 4. CONSTRUCTION. MAINTENANCE AND OPERATION The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 5. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 6. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee or Licensee's contractor shall obtain the required Railroad Protective Liability insurance, at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other insurance binders, certificates and endorsements described in Exhibit C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then - current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department — Folder No. 02584 -73 1400 Douglas Street STOP 1690 Omaha, NE 68179 -1690 D. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self - insured with the consent and approval of Licensor. F. The fact that insurance (including without limitation, self - insurance) is obtained by Licensee or its contractor /subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Article 7. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. Article 8. SPECIAL PROVISIONS. The Licensee must get approval from the Manager of Track Maintenance for the open cut method of installation. The Manager of Track has total discretion on the method of installation.. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY TOWN ,4.. �, By: lze�6 SS - Dir t -Contracts Name Printed: at al C . Title: --I\A a,<4 PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING .P Qa� V NO SCALE h c,oQ J,�a I F T. Y I FT. ENCASED NON—FLAMMABLE ALE uprr.com PIPELINE CROSSING � 62A��E X/ lb MP ( 1 c ,1 . 56,2FT. ' ( �F FT. (- l CASING 5_FT. T. 1L FT. 1( )) .� CASING PIPEII I NO ' Z . FT. ( ) FT. AT(601, 6 XtN6- MP3s .3f F T. FT. GROUND SURFACE 1 SUBGRAOE I FT. SEAL CASING FT. FT. NO I ` NOTES OD FT. ( ) . 1) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 9. OF TRACK. 21 CASING TO EXTEND BEYOND THE 9 OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT -OF -WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 31 MINIMUM OF 50' FROM THE ENO OF ANY RAILROAD BRIOGE, Q OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 4) SIGNAL REPRESENTATIVE MUST BE PRESENT OURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. S1 ALLOWABLE FIXEO OBJECTS INCLUDE.- BACKWALLS OF BRIDGES; Q OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. 61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN S FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE .2500" 114" 12- OR LESS .3125" 5/16" OVER 12" -1B" 3150" 318" OVER 18 " -22" . 43T5" 7116- OVER 22 " -28" .5000" 112" OVER 28" -34" 5625" 9116- OVER 34" -42" .6250" 518" OVER 42 " -48" OVER 48" MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35.000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90^ D z (NOTE 2) BI IF YES, NAME OF S YES, NO; EXHIBIT „A„ TREET D) DISTRIBUTION LINE OR TRANSMISSION LINE C) CARRIER PIPE : COMMODITY TO BE CONVEYEDWeFR -. -LEFrg le4L -- ] j'1 UNION PACIFIC RAILROAD CO. OPERATING PRESSURE PSI 2 -!v ' N� fF53'g / n %- lNeatsiet roc: WALL THICKNESS 1 ;DIAMETER] -S" ;MATERIAL ; E) CASING PIPE : /, / F(pCF 4✓ WALL THICKNESS 0'617 4Z "r 1.11 E. S. 211 ♦fit± M. P 3 O ;DIAMETER ;MATERIAL ; NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER ENCASED P :ga% -Na CROSSING AT OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, AVO GIVE OUTSIDE OF _ y% co CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): DRY BORE AND JACK (WET BORE NOT PERMITTED) G) TUNNEL ;OTHER DPG p u ss, d'-r' WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTORS RR F I L E N0. Zs '21 DATE PT-01 HI YES; NO; DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF B 05 y JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK ryD w A R N I N G I) APPLICANT HAS CONTACTED 1- 00- 336 -9193, ( ) IN ALL OCCASIONS, U. P. COMMUNICATIONS U. P. COMMUNICATION DEPAFyf MENT, AND HAS DETERMINED FIBER DEPARTMENT MUST BE CONTACIEO IN AOVU+CE OPTIC CABLE_ DOES ,_\/_DOES NOT ; EXIST IN VICINITY OF OF ANY WORK TO DETERMINE EXISTENCE AND WORK TO BE PERFORMED . TICKET NO. Loc.r1ON OF FIBER OPTIC CABLE. PHONE 1-600- 736 -493 Pipeline Crossing 0720/08 Form Approved, AVP Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ( "UP Specifications "), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ( "ARENIA ") standards and guidelines (collectively, "UP Additional Requirements "), and (iii) all applicable laws, rules and regulations ( "Laws "). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor's property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative "): Robert Gutierrez - MTM Union Pacific Railroad Company 2790 D Road, RM 2790 D Road Grand Jct, CO 81501 970.248.4244 Cell 970.778.1507 Stephen Thompson - MSM Union Pacific Railroad Company 2790 D Road Grand Jct, CO 81501 970.248.4237 Cell: 970.261.0761 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight - hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one -half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one -half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. 1. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non - delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan "). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1- 800 - 336 -9193 (also a 24 -hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND /OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND /OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND /OR ITS CONTRACTOR, AGENTS AND /OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL, A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOWS PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and /or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and /or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. if the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Pipeline Crossing 07/20/08 Form Approved, AVP -law EXHIBIT C Union Pacific Railroad Company Insurance Exhibit PART 1: GENERAL INSTRUCTIONS AND REQUIREMENTS: Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department — Folder No.: 02584 -73 1400 Douglas St., STOP 1690 Omaha, NE 68179 -1690 All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states in which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE LIMITS AND REQUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (except as otherwise provided in this License) the following insurance coverage: A. Commercial General Liability Insurance written on ISO Occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): • Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement Form CG 20 26, provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this License. • Contractual Liability - Railroads ISO Form 2417 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site ". B. Business Automobile Liability Insurance written on ISO Form CA 00 01 10 01 (or a substitute form providing equivalent coverage) with a limit of: • $2,000,000 each accident. This policy must contain the following endorsements (which must be stated on the Certificate of Insurance): • Designated Insured ISO Form CA 20 48 02 99 (or a substitute form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 70 10 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site ". • Motor Carriers Act Endorsement OMB Form MCS -90 (if required by law). C. Workers Compensation Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. • If Licensee is self - insured, evidence of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must "follow form" and afford no less coverage than the primary policy. If utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance. At all times during construction, installation, repair or removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Pipeline Crossing 07/20/08 Form Approved, AVP- Law EXHIBIT SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee's employees must wear: (i) Waist - length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare - legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Licensee's company logo or name. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: 100 feet of a locomotive or roadway /work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. Wear an orange, reflectorized work wear approved by the Railroad Representative. Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any by -rail equipment on- track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self - propelled equipment must be equipped with a first -aid kit, fire extinguisher, and audible back -up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Manager From: Justin Hildreth, P.E., Town Engineer AV. H Jeffrey Schneider, P.E., Project Engineer Date: July 7, 2010 Re: Community Heat Recovery Project Change Order 01 Summary: This memorandum is to request that the Council approve Change Order 01 to the construction contract for the Avon Community Heat Recovery Project to GE Johnson Construction Company ( GEJCC). This project will utilize the heat energy in treated wastewater effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the Recreation Center swimming pools and eventually provide energy for the snowmelting of Main Street. The project consists of installing pumps, heat exchangers, process piping, and other new equipment in a building at the Avon WWTF and trenching heat supply and return lines to another new building to be located immediately east of the Recreation Center. The project is partially funded by a grant from the Governor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD). Change Order 01 consists of six changes to the base construction contract, including deductive value engineering items, minor additions to the project scope, and changing the installation method across the Union Pacific Railroad (UPRR) right - of -way from open cutting to directional bore. Staff recommends awarding the Change Order 01 for the Avon Community Heat Recovery Project for an amount totaling $161,789. Previous Council Action: • April 28, 2009: Town Council approved the grant agreement with DOLA • May 26, 2009: The intergovernmental agreement between ERWSD and Town of Avon (TOA) was approved • June 23, 2009: The Design Services Contract was awarded to Camp, Dresser, and McKee, Inc. (CDM) • November 24, 2009: Adoption of 2010 Town of Avon Capital Improvements Program budget • April 13, 2010: Base construction bid awarded to GEJCC Discussion: Construction of the Avon Community Heat Recovery project is underway, with Heat Pump Building foundation and site utility work at the Heat Distribution Building completed. The large equipment items and pipe materials have been approved and ordered and are in the 6 -10 week procurement process. Value engineering efforts combined with the worts performed thus far have generated six items that are included in Change Order 01. Those items, along with a brief description, are shown below: 1. Value Engineering items related to Instrumentation /Operation (1 /0) system modifications, credit of $9,350. 2. Value Engineering items related to piping material cost, weld inspection frequency, and heat pump witness testing parameters, credit of $17,423. 3. Mitigation of buried concrete debris deemed unsuitable for building foundation support, Heat Pump Building site, additional cost of $3,536. J Community Heat Recovery Project Change Order 01 July 7, 2010 Page 2 of 3 4. Change of inline butterfly valves at effluent lift station, additional cost of $6,140. 5. Changing pipeline installation methodology from Open -cut to Directional Bore across UPRR right of way, additional cost of $178,126. 6. Custom Valve Covers that read "Heat Recovery' for all buried valves on the project, additional cost of $760. The total amount of Change Order 1 is $161,789. All of the items, with the exception of the UPRR directional boring item, are typical of most projects and easily absorbed in the project contingencies. The UPRR boring item is very significant and will severely impact project contingencies. It is an unfortunate situation but a necessary change in order to get the project completed. In January 2010, a Pipeline Crossing Agreement, with the provision of open -cut installation, was granted by UPRR Real Estate personnel in Omaha. The Agreement stated that the local track manager has ultimate authority over all crossing agreements. When the local track manager was contacted to coordinate the open cut work, he, along with the Denver UPRR office, immediately disallowed the open cut and mandated directional boring. The Pipeline Crossing Agreement was issued without coordination with local entities in Denver and Grand Junction and the Town is a victim of poor internal communication and coordination within UPRR ranks. Town Staff was informed that Omaha should have never issued the Agreement with the open cut provision. Town Staff initially investigated re- applying with UPRR for the open cut installation, but was discouraged by stated 4-6 month turnaround times and eventual likely open -cut disapproval. Town Staff, the General Contractor, and the consultant team priced several boring companies to check the bid price and the Town even entertained separating the boring installation out of the contract and paying it separately. Other installation methodologies were investigated such as the installation of two smaller bores rather than one large casing. The initial price quote for the directional boring alternative was an addition of approximately $350,000. The pricing proposed in Change Order 01 is the best available and the best option for the project. However, the presence of large boulders could add additional costs to the project, as negotiating large boulders is considered a time and materials expense. However, the equipment should be able to perform the bore and the General Contractor and subcontractor are confident that the boring work should proceed with minimal complications. A roofing material substitution was proposed during the value engineering process; that procedure is currently in the submittal process and a credit of approximately $12,000- 13,000 will be brought forward in a subsequent change order. Once the railroad bore installation is completed, Staff does not anticipate any additional large expenses. No budget amendment is required at this time, though a lack of remaining project contingencies may require one at a later date. Financial Implications: The 2010 CIP budget contains a total of $3,794,206 for construction of the Heat Recovery Project. The original draft of the construction budget is shown in Table 1 below. Note that the original budget included $70,000 for "Railroad Crossing," which was an estimate of the UPRR track work associated with the Open Cut Method of installation. Thus, the UPRR- mandated switch to directional boring methodology had a net impact of $108,000 to the project budget. Table 2 shows the revised construction budget after adoption of Change Order 01. • Page 2 11M.- Community Heat Recovery Project Change Order 01 July 7, 2010 Page 3 of 3 Table 1: Original Heat Recovery Construction Budget Line Item Amount Construction Contract $ 3,576,850 Railroad Crossing $ 70,000 Testing /Administration $10,000 Contingencies (3.8 %) $137,356 Totals $ 3,794,206 Table 2: Revised Heat Recovery Construction Budget Line Item Amount Construction Contract $ 3,738,639 Testing /Administration $ 10,000 Contingencies $ 45,567 Totals $ 3,794,206 Note that at this time, the Change Order fits within the project budget and no budget amendment is required. However, the remaining contingency funds are believed to be inadequate and a forthcoming budget amendment is a possibility. The railroad crossing boring methodology carries certain unknowns and once that segment of work is completed, a more accurate budget projection will be available. Attachments: Exhibit A — Change Order 01 Town Manager Comments: • Page 3 WN Town of Avon Heat Recovery Project CHANGE ORDER No. 01 PROJECT: Avon Community Heat Recovery DATE OF ISSUANCE: Project July 13, 2010 OWNER: Town of Avon PO Box 975 Avon, CO 81620 EXHIBIT A CONTRACTOR: GE Johnson Construction Company 25 North Cascade Avenue, Suite 400 Colorado Springs, CO 80903 OWNER'S Project No. CIP 41003 The following changes are hereby made to the Contract Documents: Description: Six items comprise this change order: Deletion of backup server, tape drive, and associated hardware: modifications to unit pricing of piping frequency of radiographic weld testing and revision to heat pump factory witness testing; mitigation of unsuitable buried concrete debris at the Heat Pump Building site; revision to type of in -line butterfly valves at effluent lift station; change the cut pipeline installation method to directional boring across UPRR right -of -way, sta 0 +77 to 1 +77; and additional costs for custom valve box covers Purpose of Change Order: This change order has multiple purposes: it was a result of value engineering efforts between Owner, Engineer, and Contractor to reduce project costs, a result of unforeseen site conditions, and a result of plan omissions. The UPRR crossing item was a result of a third party jurisdiction mandating a different installation methodology than the initial bid. Attachments (list documents supporting change): Attachment 1 - GEJCC Contract Change 1 - VO Hardware Deletions Attachment 2 - GEJCC Contract Change 2 - Piping cost, weld testing, and heat pump testing deletions Attachment 3 - GEJCC Contract Change 3 - Unsuitable unforeseen subsurface conditions at Heat Pump Building Attachment 4 - GEJCC Contract Change 4 - In line butterfly valves at lift stations Attachment 5 - GEJCC Contract Change 5 - Railroad Crossing Directional Boring Attachment 6 - GEJCC Contract Change 6 - Custom valve cover lettering Town of Avon Heat Recovery Project CHANGE IN CONTRACT PRICE: Original Contract Price $ 3,576,850 Previous Change Orders No. $ N/A to No. Contract Price Prior to this Change Order $ 3,576,850 Net increase of this Change Order $ 161,789 Contract Price with all approved Change Orders $ 3,738,639 EXHIBIT A CHANGE IN CONTRACT TIME: Original Contract Time Substantial Completion 12/13/10 days or dates Net change from previous Change Orders days Contract Time Prior to this Change Order Substantial Completion 12/13/10 days or date Net increase (decrease) of this Change Order N/A days Contract Time with all approved Change Orders Substantial Completion 12/13/10 days or date This change order includes not only all direct costs of Contractor such as labor, materials, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct or general overhead, acceleration, material, or other escalation that includes wages and other impact costs. APPROVED: by: Owner APPROVED: by: Contractor 0 ATTACHMENT 1 6/10/10 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 001 Dear Jeffrey: We have enclosed pricing information for Request for Proposal (RFP) #2, dated May 10, 2010. The total credit for this revision is $9.350. A summary sheet along with all back -up documentation to substantiate our cost proposal is enclosed for your review. We have excluded the following items: X Our cost proposal is based on the following qualifications: - Only items outlined in RFP #2 have been submitted for pricing approval. X We are currently proceeding with revisions as outlined in our cost proposal. Per (Architect) (Owner) written directive, we are proceeding with the revisions as outlined in our cost proposal. Please sign the space below approving our cost proposal no later than Please advise us no later than , if we are to proceed with the revisions outlined in our cost proposal. After this date, our cost proposal will be considered void. If approved, please sign the space below authorizing us to proceed with this Contract Change. Should you have any questions, please feel free to contact this office. Sincerely, GE JOHNSON CONSTRUCTION COMPANY CONTRACT CHANGE APPROVED Signature Braden Forsyth Area Superintendent Date Attachments cc: Tim Rynders — P.E. Camp Dresser and Mckee Scott Henderson - Superintendent/GE Johnson Construction Company File.02b (CC No. 001) Forms! 93 Contract Changes (CC)IOwner Contract Change Letter doc N CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT - 1011 AVON, CO CONTRACT CHANGE NO.1 RFP #002 6E�snn Own ITEM DeSCRIPTION TOTAL 1 DELETE 1/0 SERVER SVR -210 ($1,440 2 DELETE OIT -100 TOUCHSCREEN $4,050 3 DELETE BACK -UP TAPE DRIVE $2,070 4 DELETE ETHERNET MODULE EN2T $1,790 SUBTOTAL $3,3b0 GENERAL LIABILITY AND UMBRELLA INSURANCE (.35Y.) N/A BUILDING PERMIT AND PLAN CHECK FEES N/A SUBTOTAL $9,350 (CITY/COUNM SALES & USE TAX (3.725% OF 50% OF TOTAL) N/A SUBTOTAL $9,350 GE JOHNSON CONSTRUCTION COMPANY FEE (3.051.) N/A ITOTAL ($9,350) Forms, 13 Contract Change (CC)/Contract Change Summary Sheet xis 6/11/2010 1 of 1 �% From: Tim Smith [tsmith @master- electrical.net] Sent: Tuesday, May 18, 2010 1:34 PM ro: Braden Forsyth Subject: Re: RFP #2 Delete 1/0 Server SVR -210 $ 1,440.00 Delete OIT -100 Touchscrean $ 4,050.00 Delete Backup Tape Drive $ 2070.00 Delete Ethernet Module EN2T $ 1,790.00 TOTAL $ 9,350.00 Thank You, Timothy Smith, Project Manager Master Electrical Contractors 303 -791 -4215 ext 17 Off 303 - 791 -0323 Fax 303 - 472 -4375 Cell - - - -- Original Message - - - -- From: Braden Forsyth To: Tim Smith Cc: Scott Henderson Sent: Monday, May 10, 2010 5:36 PM Subject: RFP #2 Tim - Attached is RFP #2 for the Avon heat recovery project. Please provide pricing for this within the next 7 days. Feel free to call with any questions, thanks. Sincerely, Braden Forsyth Area Superintendent GE Johnson Construction Company 218 Riverfront Lane Avon, CO 81620 Cell (303) 520.0895 Fax (970) 845.0282 The power of ingenuity... ... the rewards of trusting relationships. M-R all this message has been scanned for viruses and iangerous content by MailSeanner, and is )elieved to be clean. 43 ATTACHMENT 2 6/11/10 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 002 Dear Jeffrey: We have enclosed pricing information for Reguest for Proposal (RFP) #1, dated May 5. 2010. The total credit for this revision is $17,423. A summary sheet along with all back -up documentation to substantiate our cost proposal is enclosed for your review. We have excluded the following items: X Our cost proposal is based on the following qualifications: - Only items outlined in RFP #1 have been submitted for pricing approval. We are currently proceeding with revisions as outlined in our cost proposal. Per (Architect) (Owner) written directive, we are proceeding with the revisions as outlined in our cost proposal. Please sign the space below approving our cost proposal no later than X Please advise us no later than June 30, 2010, if we are to proceed with the revisions outlined in our cost proposal. After this date, our cost proposal will be considered void. If approved, please sign the space below authorizing us to proceed with this Contract Change. Should you have any questions, please feel free to contact this office. Sincerely, GE JOHNSON CONSTRUCTION COMPANY CONTRACT CHANGE APPROVED Signature Braden Forsyth Area Superintendent Date Attachments cc: Tim Rynders — P.E. Camp Dresser and Mckee Scott Henderson - Superintendent/GE Johnson Construction Company File.02b (CC No. 002) C 10ocuments and SethngslloisythbOesktopt rOAHRP - 10M Cost 1Cost Changes (CC's)= t - RFP 0021CC - 001 RPP 002 doc I CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT - 1011 AVON, CO CONTRACT CHANGE NO.2 RFP #001 GEjnwnsun aonlSTR CMM aoMMW ITEM QE&CRIPTION TOTAL 1 MODIFY FACTORY WITNESS TEST TO INCLUDE 4 -POINT PERFORMANCE TEST AND REPORT IN LIEU OF'WITNESSED' TEST ($4,000) 2 RENEGOTIATE 8" MAIN LOOPING PIPE WITH PERMA -PIPE VENDOR ($11,743) 3 REDUCE FREQUENCY OF RADIOGRAPHIC TESTING OF WELDS FROM 10% TO 5% ($1,680) SUBTOTAL GENERAL LIABILITY AND UMBRELLA INSURANCE (.35Y.) N/A BUILDING PERMIT AND PLAN CHECK FEES NIA SUBTOTAL $17,423 (CITY/COUNTY) SALES & USE TAX (3.725% OF 50% OF TOTAL) N/A SUBTOTAL $17,423 GE JOHNSON CONSTRUCTION COMPANY FEE (3.0 %) N/A TOTAL 6/11/2010 Forms113 Contract Change (CC)iContract Change Summary Sheet As 1 Of 1 I �q O D D NC-CMNICAL CONTRACTORS June 2, 2010 GE Johnson Construction Company 5613 DTC Parkway, Suite 450 Greenwood Village, CO 80111 Attn: Braden Forsyth Re: Job #628 Town of Avon — Heat Recovery Project GEJCC Change — RFP #I Value Engineering Items Cobb No. 628 — 8301 Dear Braden, Plumbing Heating Air Conditioning Industrial /Process Piping Sheet Metal As discussed on the phone, below you will find our documentation of the value engineering items Cobb Mechanical otTered as cost saving options on the above referenced Avon Heat Recovery Project. 1. Modify the Factory Witness test requirements in accordance with the "Factory Witness Test Performance Conditions (Table A) ". a. Per the enclosed Trane letter, this is a "No Cost" change; however, there are two cost saving options that can still be entertained. Please advise i. 4 -point performance test with report in lieu of a 4 -point "witnessed" test 1. Deduct $ 4,000.00 ii. No performance or Witness Test 1. Deduct $ 6,000.00 2. Renegotiate 8" main loop piping material cost with Perma Pipe vendor. a. Deduct $ 11,743.00 3. Reduce the frequency of radiographic weld joint testing from 10% to 5% in accordance with the changes as outlined in specification section 15992. a. Based on our estimated weld count of approximately 280 for the direct buried piping system, this would have required 28 tests + the initial 5. We will now have 14 tests + the initial five, which will result in a savings of 14 x $ 120.00 ea b. Deduct $ 1,680.00 It is anticipated that all work required by this change will be done on a straight -time basis. Overtime work, if required, will be billed as an additional item. This change proposal covers only the direct costs associated with the change order work described. We specifically reserve our right to claim for any amount of delay in the performance of the contract, changes in the sequence of work, disruption, suspension, rescheduling, acceleration, and/or impact costs and time prior to the final settlement of the contract. This proposal is for acceptance within 10 days. It is subject to escalation thereafter. This change will require a 0 day extension provided we receive a response within the time indicated above. Please be advised that Cobb Mechanical will not proceed %4thout a written authorization. If you have any questions, please contact the undersigned at your earliest convenience Sincerely, John P. Dosen Cobb Mechanical Contractors Denver Branch Manager 0628 -C -G- RFP - 060210 628 -8301 2906 W. Morrison • P.O. Box 6729 Colorado Springs, CO 80934 -6729 Phone (719) 471 -8958 FAX # (719) 389 -0127 TRANS. 4242 N. Nevada Ave. Colorado Springs, CO 80907 Ph: 719.599.3900 Fx: 719 - 268 -0200 May 19, 2010 Re: RFP # 1 To Whom It May Concern: The Witness Test will be performed at the conditions listed in Table A of RFP #1. This results in no price change for the Trane scope of work. Sincerely, Jeff Gaither Sales Engineer Colorado Springs Office 1Z lk 25 North Cascade Avenue Suite 400 Colorado Springs, CO 80903 719.473.5321 V 719.4715324 F www.gejoh8n 1 .n0 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 003 Dear Jeffrey: CONSTRUCT10N COMPANY ATTACHMENT 3 We have enclosed pricing information for additional excavation and removal of unforeseen concrete at the heat um buildin relative to He _Fl Chan a Order No. 1. The total cost for this revision is $6.536.00. A summary sheet along with all back -up documentation to substantiate our cost proposal is enclosed for your review. The work outlined in this proposal has already been performed. Should you have any questions, please feel free to contact this office. Sincerely, Attachments COMPANY CONTRACT CHANGE APPROVED Signature Date cc: Tim Rynders — P.E. Camp Dresser and Mckee Scott Henderson - Superintendent/GE Johnson Construction Company File.02b (CC No. 003) C (Documents and settings UbraythbiDesktop,TOAHRP • 10111Cost Changes (CC-s)ICC 3 - HEYL PCO 0011CC - 003 HEYL PCO 001 doc k CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT -1011 6EAnwnsnn AVON, CO CONsiaucnm GOII PAW CONTRACT CHANGE NO.3 NLTL F L;U;Fl - AUUI I IUNAL UVtKtAC A I NtA'1I FUMY bUILUINki tU UNUKt I t Kt UVAL ]TEM I bEWPUPTION I TOTAL In lirlMl`IVC VRLJCR ff- -MUul(l IVIVML VVCf[CAVMVMI IVIV MIVLJ PCCIVIVVML Vr 1 UNFORESEEN SITE CONDITION (CONCRETE) 1 $6.203 ISUB.TOTAL 1 $6.20 GENERAL LIABILITY AND UMBRELLA INSURANCE (.35Y.) 1 $22 SUBTOTAL AL GE JOHNSON CONSTRUCTION COMPANY FEE [: ]TOTAL 1 $15:,536 j Formsr13 Contract Change (CCXontract Change Summary Sheet xis 6/25/2010 1 of 1 J� 25 North Cascade Avenue Suite 400 Colorado Springs, CO 80903 719.473.5321 v 719.473.5324 F www.geiohnson.com 6/28/2010 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 004 Dear Jeffrey- t man CONSTRUCTION COMPANY ATTACHMENT 4 We have enclosed pricing information for CHANGES ASSOCIATED WITH RESPONSE TO RFC #12. AS ISSUED BY CAMP. DRESSER & McKEE DATED 6/912010 (attached). The total cost for this revision is $6.140.00. A summary sheet along with all back -up documentation to substantiate our cost proposal is enclosed for your review. We will not proceed with this change unless authorized in writing to do so. In order to not impact the current project schedule, please provide written direction to proceed with this work no later than July 9. 2010. If direction is not received by this date, there may be schedule and /or cost impacts associated. Should you have any questions, please feel free to contact this office. Sincerely, GE J SO C STRUCTION COMPANY Braden F rs h Project En ne r Attachments CONTRACT CHANGE APPROVED Signature Date cc: Tim Rynders — P. E. Camp Dresser and Mckee Scott Henderson - Superintendent/GE Johnson Construction Company File.02b (CC No. 004) C (Documents and SeWngsVOrsythbV eskt0P%TOAHRP . 10111Cost Changes (CC's)ICC 4 . RFC 121CC . 004 RFC 012 doc CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT -1011 GEJOHnson AVON, CO coNerwumm aompsm CONTRACT CHANGE NOA RFC #12 - DIRECT BURY 24" BUTTERFLY VALVES AT LIFT STATION �lin&pthru FormV13 Contract Change (CC)IContract Change Summary Sheet xis 6/28/2010 1of1 /(el TOTAL 1 CHANGES RELATED TO RESPONSE TO RFC #12 - CLARIFICATION OF DIRECT BURIED BUTTERFLY VALVE - COBB $5,773 su&ToTAE Jam, %% GENERAL LIABILITY AND UMBRELLA INSURANCE (1.14Y.) $88 SUBTOTAL $5,839 WARRANTY RESERVES (.15%) $9 SUBTOTAL $5,848 GE JOHNSON CONSTRUCTION COMPANY FEE (5.05/.) $292 TOTAL $6,1400 FormV13 Contract Change (CC)IContract Change Summary Sheet xis 6/28/2010 1of1 /(el • co D D o MECHANICAL CONTRACTORS June 17, 2010 GE Johnson Construction Company 5613 DTC Parkway, Suite 450 Greenwood Village, CO 80111 Attn: Todd Raper Re: Job #628 Town of Avon — Heat Recovery Project GEJCC Change — RFC # 12 Buried Valves Cobb No. 628 — 8305 Dear Todd, Plumbing Heating Air Conditioning Industrial /Process Piping Sheet Metal Please find attached a detailed breakdown for the changes as required by the above referenced RFC #12 (Buried Valve Clarifications). We propose to furnish and supply all materials, labor, and expenses necessary to do the work as described above. We do not; however, include any of the following: 1. Electrical. 2. Overtime. 3. Concrete Cut/Patch. 4. Concrete of any type. 5. Painting of any sort. The total net change to our contract is as follows: TOTALADDS PER BREAKDOWN 6. Drywall cut. Patch and/or repair. 7. Core Drills. S. Equipment not specifically listed in proposal. 9. Ceiling Grid, Tile, Etc... S5,773-00 It is anticipated that all work required by this change will be done on a straight -time basis. Overtime work, if required, will be billed as an additional item. This change proposal covers only the direct costs associated with the change order work described. We specifically reserve our right to claim for any amount of delay in the performance of the contract, changes in the sequence of work, disruption, suspension, rescheduling, acceleration, and/or impact costs and time prior to the final settlement of the contract. This proposal is for acceptance within 10 days. It is subject to escalation thereafter. This change will require a 0 day extension provided we receive a response within the time indicated above. Please be advised that Cobb Mechanical will not proceed without a written authorization If you have any questions, please contact the undersigned at your earliest convenience. Sincerely, John P. Dosen Cobb Mechanical Contractors Denver Branch Manager 0628- C-G -QO -061710/628 -8305 2904 W. Morrison - P.O. Box 6729 - horado Springs, CO 60934 -6729 ne (719) 471 -8958 (719) 389 -0127 D D D D VMOW@HANIC�At CONTRACTORS FEB Summary Job Number. 628.8305 RFC #12 Buried Valves ob Name: Town of Avon - Heat Recovery Project Sheetmetai Pipe Plumbing Total % of Cost Labor $0.._ ;0 -._..- $O $0 _ $O $0 Field — SO 0.03'0 0.0% Shop Drawings Travel Expense N- -_ -I -_ - -- $0 $0 $0 _$0 ;0 0.0% 0.0% 30 $0 $0 $01 Total Labor $$ I $0 I $0 I $0 $0 0.0% ShO2 Field Total Labor Hours 0 _ 0 0, 0 0 Material -- Mat'I Incldng Freight $0 $0 $0 $0 0.0% Tax % 8.400/0 $0 $_0 $0 $0 010% Local Hauling $0 - $0* $0 $0 0.0% Total Mat'I @ Job $0 $0 $0 $0 0.0% Trade Cost = Labor+ Material $0 $0 $0 $0 0.0% Equip, Subs & Misc Equipment $0 $4,797 $0 $4,797 _ 91.40/6 - Tax % -� 8.40% $0 $403 $0 ;403 7.7% Subs w /Bonds $0 $0 $0 _~^ $0 ;0 $0 $0 $O $0 0.0% Miscellaneous SO 0.0% 0.0% General Contracting $0 0.0% 0.0'/0 0.0% Total Equip, Subs & Misc $0 $5,200 $0 - - $0 $5,200 $5,200 99.1% Preliminary Total Cost $0 $5,200 99.1% G&A Total's $ 47.97 $ - 0.9% 0.0% Project Control Total's MTHS fl s.000 = Performance & Payment Bond Calculator Total Cost Mark Up $ $5,248 ;525 — $0 100.0°% Duratlon 1 Total Before Bond S5.773 10°% Brakets Rate/1000 Bond Amount Sub Mark Up I _ 5°% First Next 500,000 2,000,000 $0.00 $0.00 $ - $ - Final Bid Amount - - -- � Sub -Total $0 $5,773 Total Bond $0 FINAL BID AMOUNT W/ BOND G & A Total 47.97 G&A Job Numbarl 628.8305 RFC 912 Buried Valves Job Niowl Town of Avon - Heat Recove Pro act General Conditions Lam I UNIT INPJIRURE TOTAL COST 1 Blue Print Reproduction / f 2 Crane f S 3 Outside Testing & Inspecting f S 4 ► f 5 Rental Egrdpment ! S 8 Rental Equipment / f 7 Rental Equk menl / S 8 Rental Equpmerd / $ 9 Rental Equipment / S 10 Rental Equipment / S it ► S TOTAL COST: f Services and Supplies ILlyl 7Y EASU E TOTAL 12 Permit -WAC / S 13 Pemtil- Phonbing / f 14 Small Tools 5o 6% ! % of Flold Labor S _ 15 Consumables s0 3% / % of Field Labor S 18 Cobb Equipment SO 1% / % of Field Labor S 17 'Sates Tax (for all equipment) f T.00% $ TOTAL COST: f Warranty & Service Rssarva ITE1N TY or UNITMEASURE TOTALCOST 19 Wwmty 6 Service Reserve $4,797 1.0% / each S 47.97 TOTAL COST: f 47.97 G & A Total 47.97 HVAC Piping Equipment Job Number 628.8305 RFC #12 Buried Valves Job Name Town of Avon - Heat Recovery Pro ect Cost Carry No Description 1 Buried Valve Changes per Enclosed Breakdown $4,797 0% 4,797 2 $0 0% 0 3 _ $0 0 °10 0 4 $0 0% 0 5 $0 0% 0 6 $0 0% 0 7 $0 0% 0 8 $0 0% 0 9 $0 0% 0 10 $0 0% 0 11 $0 0% 0 12 $0 0% 0 13 $0 0% 0 14 $0 0% 0 15 $0 0% 0 16 $0 0% 0 17 $0 0% 0 18 $0 0% 0 19 $0 0% 0 20 $0 0% 0 21 $0 0% 0 22 $0 0% 0 23 $0 00% 0 24 $0 0% 0 25 $0 0% 0 26 $0 0% 0 27 $0 0% 0 28 $0 0% 0 29 $0 0% 0 30 $0 0% 0 31 $0 0% 0 32 $0 0% 0 33 $0 1 0% 0 34 $0 0% 0 35 $0 0% 0 36 $0 0°% 0 37 $0 0% 0 38 $0 0% 0 39 $0 0% 0 40 $0 0% 0 Total 1 1 $4,7971 1 $4,797 Z U W w F- 0 o c P m o� C CL IL` UZ to ou aQ O roIa o o 0000001. 0 0 ii 0 0 0 p o of 000I010OOSOOr, , i of I rn o;o 4O.OIOO o�o vs Q p o 000 o olo FOIO�.71-. p O CD m al O O »O b 0 H 0 0 N HI O O N N O 0 N N 0 0 N N O i N' 0 O N N OO OO M OO H OO G H 40 N O N 40 O O OO N N C N O ct N pp O O O O G O It is $8 °o,I�IsSSi8188,8�8!$18SS88$� 081$ 0915 1 I► �!I 1 1 i x yi ! Il I 1� ►! iil III I! i II I' aSSOO°08$1.888888'8818►$889810J l i I I` i� I I I I 11 1 di did d d Old d Cld C III d!d O.dldid old d d O I 1 N . ► I 1 111,{ !! !! !I I !If,I► I! $� N °�$8$ _ $ pp H 888 d H d N $8S000088 d o N H 11 d H d d H H pp N d p N W p pp+p000ppd N N III o1lo8SS88SSQIS HI Iii N b N H H N 8 M 8 N 0 d Cl o N d M a N pp N{ pp N i o H d H QQ W l l l I W W .I 8581880 °0 °o °o$Sjjj�jjjS181S1$i8S88888° 88588° d�cddIdddod�did�d 2ddddo Dodd I I ►dldddoddo ic II11 t I � I 1 ! I Ip I p p p . I I . I ; o° oc p n° H I I ► o° 0 O O t71 O S�� $ 8 8 8 8 d 8$ d O O d O!Oi010 0 S S S S^ $ 8 0 8 4 O 8'$ Q 0 4 0 0 8 o 0 rn °• M o p N o H N N �i �,�d!�1� NI i N d M d H d N d$$ N dI� N N a- Y I ~g U, 1 I IH $g !! I I I I! I v I w v gall 8 I I a I a cc n I I t ��i1►11 =II li 1 i I 1 V I I I i < I I! J I J i I 1► I 1 m c E I &Iei 1 1 1 1! I !► Z 815 ;wi I g! jl I� II �I ; I i I' ii!1 I I I 0 !- v a ►jai �) I f i � 1 1 I! I! ! I I l Oc isI zl 11 l i i I f i l i I 1 I I W y r I ilm� I$! Ii ! i 1 i I I I i ! i I I I y 1 1(► ! JI i;111 �� ! I I Rio •ol l�ll 411 �!Il; llil!I II v �i! ! 1 o ! p 11 i! wit ! e!. NI G . IOI N: fOi I ml i 1 {{ ! 1 I d W I Lj 'I I i ■ i .• • .. REQUEST FOR CLARIFICATION (RFC) PROJECT: Town of Avon Heat Recovery PROJECT NO.: 1011 TO: Town of Avon Engineer ATTN: Jeff Schneider SUMMARY OF REQUEST: Buried valves- Type- Clarification SUBJSUP. RFC NO.: SPECIFICATION SECTION: 16100 -2.03 through 2.20 DRAWING:-MD-1. E8•G MZ -3, C -04, C -06 REQUEST: GEJCC RFC #: 012 1) The 8" PV and 24" BFV valves at the effluent lift station, as well as the (2) pairs of 8" butterfly valves at STA 2 +60.00 and 11 +00 are not specified as far as material. Please specify. We respectfully suggest a 'valve application table' for the project. 2) Also, in these non- traffic areas, can the risers to the valves (below the steel cap) be PVC? 3) Is there any additional non - corrosive precautions /quality needed for the valves- if so, please detail. DATE OF REQUEST: 06 /01/10 REQUESTED BY: Cobb Mechanical DATE RESPONSE REQUESTED: 06/07/10 DATE OF RESPONSE: _06109/10 RESPONSE BY: Tim Rynders 8" buried plug valve is specified in Section 2.19 as Cast iron body ASTM A126, Grade B, with all exposed hardware Type 316 SS (for buried valves). See spec for additional criteria. All BFV's are to conform to requirements of AWWA C504, Class 150B short body. Valves shall have ASTM A126 cast iron, or ASTM A536 ductile iron bodies, fully bronze mounted as manufactured by Henry Pratt Company; Dezurik, Valmatic, or Engineer approved equal. It is the valve supplier's responsibility to ensure that all items and appurtenances have ends /joints that are compatible with, and may be fastened to the adjoining pipe; this may mean furnishing special adaptors. These adaptors shall be suitable for direct bury, be stainless steel or galvanized, and epoxy coated as specified in Div 9 and AWWA C550. Buried valves to be furnished for this project do not require insulating flange kits. All hardware on buried valves shall be Type 316 stainless steel, and exposed hardware cadmium - plated or zinc on indoor valves. The valve manufacturer shall supply and rigidly mounted all actuators on valves at the factory. The valves and their individual actuators shall be shipped as a unit. Valves shall be manually actuated; buried valves with operating nuts shall have a non - rising stem with an AWWA 2 -in nut. All buried valves, those with operating systems; valve boxes shall open left (counterclockwise). Provide all special adaptors as required to ensure compatibility between items, appurtenances, and adjacent pipe. Valve stem casing risers (to the steel cap) in non - traffic areas to the valves can be Sch 80 PVC. cc: Braden Forsyth /GEJCC Scott Henderson /GEJCC Todd Raper /GEJCC Cobb Mechanical 1011.02e Page 2 of 2 Fomrs%19 Request for ClemkahonVaquest forClartticahon Form doc 23 25 North Cascade Avenue Suite 400 Colorado Springs, CO 80903 719.4715321 V 719.473.5324 F www.gejohnson corn 7/11/2010 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 005 Dear Jeffrey: • ;, - U$,Frf CONSTRUCTION COMPANY ATTACHMENT 5 We have enclosed pricing information for CHANGES ASSOCIATED WITH RESPONSE TO RFP #003 AS ISSUED BY CAMP. DRESSER & McKEE DATED 618/2010 (attached). The current total cost for this revision is $178.126.00. This price proposal includes the following qualifications: - Proposal based on bare (non -epoxy coated) 10" steel per specifications. - Annular fill is proposed as Elastizell engineered fill. - Boulders over 3' or greater or too large or hard to break will be removed at a rate of $500 /hr. - Boulders T and over needing to be removed during clean -out will be charged at the same T &M rate as above. - Proposal based on, up to, a 6 -8 week schedule duration. - Excludes grouting or filling of any kind on exterior of casing to earth. - Proposal based on a 48" steel casing, per BT Constructions' parameters. - Proposal based on regular time work, no overtime has been included. We will not proceed with this work unless directed in writing to do so, acknowledging the costs associated as outlined in this proposal. Should you have any questions, please feel free to contact this office. Sincerely, AG�J Pgaineer STRUCTION CO MPANY CONTRACT CHANGE APPROVED Signature Date Attachments cc: Tim Rynders — P.E. Camp Dresser and Mckee Scott Henderson - Superintendent /GE Johnson Construction Company File.02b (CC No. 005) C (Documents and SehmgsWrsythbV)esktop%TOAHRP 1011 %Cost Changes (CC's)ICC 6 - RFC 151CC - 006 RFC 015.doc CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT -1011 r3Ejrmn AVON, CO CDNSTFNJCrM COMPAW CONTRACT CHANGE NO.5 KFF *W - KtV]6t:U UF'KK UKMi5INU - SUMMARY G.E. JOHNSON CONSTRUCTION FEE (5%) I $7 G.E JOHNSON CONSTRUCTION COSTS (SEEATTACHED 733 Y Foansn3 Contract Change (CC)/Contract Change Summary Sheet x!s 7/2/2010 1 of 2 CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT -1011 AVON, CO CONTRACT CHANGE NO.5 RFP #03 - REVISED UPRR CROSSING - GE JOHNSON COSTS 6EJnH115 IT ::: :: :: :::::: pCRiptil;iN VITAL : 1 G.E. JOHNSON - ADDITIONAL SUPERVISION - 8 WEEKS $65 /HR $20,800 2 G.E. JOHNSON - ADDITIONAL FENCE RENTAL - 10 PANELS @ $10 /PANEL FOR 2 MONTHS PLUS DELIVERY FEES $1,824 3 G.E. JOHNSON - ADDITIONAL LAYOUT /ENGINEERING $1,000 SUBTOTAL. $23,624 GENERAL LIABILITY AND UMBRELLA INSURANCE (1.14 %) $269 BUILDER'S RISK INSURANCE(.18 %) $43 PAYMENT AND PERFORMANCE BOND(2 YRS @ 1.4 %) $331 SUBTOTAL $24,267 EXTENDED WARRANTY $36 SUBTOTAL $24,303 GE JOHNSON CONSTRUCTION COMPANY FEE (10.0%) $2,430 TOTAL $26,73 7/2/2010 Forms/13 Contract Change (CCYContract Change Summary Sheet xis 2 Of 2 )-(,6 6/30/2010 1:41: I0PM Proposal for: Avon Heat Recovery - Tunnel Under RR Tracks Heyl Construction, Inc. 6560 County Road 335 New Castle, CO 81647 Contact: Chris Eckhardt - Project Manager/Estimator Phone/Fax: Phone - (970) 984 -3404 Fax - (970) 984 -3403 Email: ceckhardt @heylcivil.com Proposal To: GE Johnson Address: Contact: Phone/Fax: Email: Job Name: Job Type: Job Location: Engineer /Architect: Date of Plans: Date of Bid: Avon Heat Recovery Project Avon, CO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 20 Support Casing Install by BTC (Heyl) 100.00 LF 435.00 43,500.00 40 Dewatering - If Needed 1.00 LS 12,000.00 12,000.00 50 Foam Grout Annulus Between Casing & Carrier Pipes 1.00 LS 14,500.00 14,500.00 60 Credit for Open Cut 1.00 LS - 29,316.00 - 29,316.00 NOTES: General Qualifications: 1. EXCLUSIONS; Permits, bonds, winter conditions, survey /staking, layout, soils /concrete testing, blasting, hammering, construction water purchase, shoring, retaining/boulder walls, wetland mitigation, video inspections, as- builds, import/export, shallow utilities, premiums /overtime, revegatation, landscaping, irrigation, street sweeping, striping, signage, removal or replacement of unsuitable or unclassified material, topsoil placement, topsoil screening, or anything not specified in proposal. 2. Any additional work shall be agreed upon between owner /owner representative and Heyl Construction, Inc. with a signed change order before any work proceeds. 3. Fuel surcharge may apply if fuel cost increases over 10% from time of proposal. 4. Quantities are provide by Heyl Construction, Inc. Any quantities that are overrun from proposal may result in a change order. 5. Heyl Construction, Inc. is responsible for all underground utility locates performed by UNCC and local entities. Heyl shall not be responsible for any damage or repair to utilities that were not properly located 6. Heyl Construction, Inc. requires that any dissatisfaction of work must be submitted to our office in writing within 3 business days, so Heyl has the opportunity to resolve any problems in a reasonable time Full payment of specified work assumes acceptance. Job Specific Qualifications/Inclusions: 1. Inclusions: Haul off of tunnel spoils only - Bore pit and retieval pit spoils to be stockpiled on site and used for backfill, Page 1 of 2 z7 excavate retrieval pit, Backfill retrieval and bore pit, dewatering (If required: Borings show no water). 2. Exclusions: Railroad permits, Railroad Flagging, All Material inside casing, Utility Relocation, grouting annulus between carrier pipes and casing, Bore pit excavation /support, welding, engineering/design, test pits. All work with Heyl Construction, Inc. is negotiable. Page 2 of 2 WV41 9885 Emporia Street Henderson, co soe4o mTre -10 Bid Proposal Contract Office: 303.469.0199 Fax: 303.488.8309 A Division of ST Construction.`.. Bid Date: June 29, 2010 Submitted to: GE JOHNSON Project: AVON HEAT RECOVERY PROJECT Attention: Braden Forsyth AVON, COLORADO Main Descrilption nit Prior Total Cott 1 Hammer 48" steel cast LF IT&M 100 $ 1,155.00 115 500.00 1 Rate Per Hour 500.00 © Per Plans and Specs. Yes–X– No— Soils Report Yes_X_No Total Bid= $ 115,500.00 INCLUSIONSIEXCLUSIONS: OTHERS BTC OTHERS BTC 0� ate. © —I a� Permits/Fees/RR Flagging Utility Locates Utility Potholing Utility Relocating Survey /Layout rraiflc Control / Barriers / Permits / Planr Jnload/Load Borelrunnel Equipment Rock Excavation Excavate Bore Pit )SHA Compliant Bore Pit Shoring Set Bore Pit Shoring We Pit Safety Fencing/Barricades 3ase Gravel for Bore Pit )ewatering Pit (up to 2" Pump Capacity) watering (beyond 2" Pump Capacity) let Bora/Tunnel/Hammer Equipment :umish Steel Casing Veld Casing 48" Hammer steel Casing (Set Pipe) Furnish Cartier Pipe Skid Carrier Pipe Furnish Spacers/insulators (Stainless) Install SpecersAnsulators Push Cartier Pipe Excavate Receiving Pit DSHA Compliant Receiving Pit Shoring Set Receiving Pk Shoring Receiving Pit Safety Fencing/Barricades :umish 8 Install Cathodic Protection 3rout Casing Exterior Annular Voids Now Sand or Flash Fill Casing :umish End Seals (Wrap around) nstall End Seals 3ackfill Bore/Receiving Pits Xspose of Augertrunnel Spoils Wrfam Restoration for Connection NOTE: Due to the volatility of the steel market we can only hold the price for this work for 15 days. Please notify us as soon as possible H you intend to award this work to STrenchless. GC to provide all dawatering below Invert of easing prior to excavation of bore pit. Our quote Is based on plan lengths supplied. If btrenchless encounters boulders 3' or greater or too large or hard to break and hammer a T&M rate will be charged for the amount of time it takes to remove or break the boulder, the T&M rate will be charged for removal of 3' or larger boulders during dean out. GC to provide work area large enough for 40'X 12' bore pit plus ample room for equipment B spoils to be stored, or GC to provide 2 trucks for spoil haul off K necessary. Yes No Insurance Included X_ Bond Included_% X_ Tax Included % X The receipt by BT Construction, Inc. of a signed copy of this Proposal - Contract constitutes acceptance of this Quotation, subject to and Including all terms and conditions as shown. This entire proposal is subject to acceptance within fifteen days of this date. We require payment of retalnage within 60 days of acceptance of our work. Accepted this day of 20� Firm: By: P.O. #: Addenda: N/A Respectfully submitted by: Strenddess, A Division of BT Construction Signed: Chris Knott Title: ESTIMATOR NOTE: Please notify us as soon as possible if you intend to award this work to STrenchless. Any alteration or deviation from the above proposal will be executed only upon written request and will therefore become cost In addition to the above estimate. Any deviation from the scope of work wil be completed following the acceptance of a change order. BTrenchless hereby warrants for a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) from the date of completion of each project for all workmanship under normal use of service. Ali agreements are contingent upon Incidents or delays beyond our control. BTrenchless reserves the right to charge up to 21% interest annually for all overdue invokes. Should a dispute regarding payment of this contract arise, BTrerxhless reserves the right to recover any attorneys fees that may be associated with such a dispute. No retalnage to be held on BTrenchless work unless specifically required by the General Contract. S:U3ore Proposals%New ProposaIMAVON HEAT RECOVERY HAMMER 100 LF 381N V ate. © —I Hammer steel Casing (Set Pipe) Furnish Cartier Pipe Skid Carrier Pipe Furnish Spacers/insulators (Stainless) Install SpecersAnsulators Push Cartier Pipe Excavate Receiving Pit DSHA Compliant Receiving Pit Shoring Set Receiving Pk Shoring Receiving Pit Safety Fencing/Barricades :umish 8 Install Cathodic Protection 3rout Casing Exterior Annular Voids Now Sand or Flash Fill Casing :umish End Seals (Wrap around) nstall End Seals 3ackfill Bore/Receiving Pits Xspose of Augertrunnel Spoils Wrfam Restoration for Connection NOTE: Due to the volatility of the steel market we can only hold the price for this work for 15 days. Please notify us as soon as possible H you intend to award this work to STrenchless. GC to provide all dawatering below Invert of easing prior to excavation of bore pit. Our quote Is based on plan lengths supplied. If btrenchless encounters boulders 3' or greater or too large or hard to break and hammer a T&M rate will be charged for the amount of time it takes to remove or break the boulder, the T&M rate will be charged for removal of 3' or larger boulders during dean out. GC to provide work area large enough for 40'X 12' bore pit plus ample room for equipment B spoils to be stored, or GC to provide 2 trucks for spoil haul off K necessary. Yes No Insurance Included X_ Bond Included_% X_ Tax Included % X The receipt by BT Construction, Inc. of a signed copy of this Proposal - Contract constitutes acceptance of this Quotation, subject to and Including all terms and conditions as shown. This entire proposal is subject to acceptance within fifteen days of this date. We require payment of retalnage within 60 days of acceptance of our work. Accepted this day of 20� Firm: By: P.O. #: Addenda: N/A Respectfully submitted by: Strenddess, A Division of BT Construction Signed: Chris Knott Title: ESTIMATOR NOTE: Please notify us as soon as possible if you intend to award this work to STrenchless. Any alteration or deviation from the above proposal will be executed only upon written request and will therefore become cost In addition to the above estimate. Any deviation from the scope of work wil be completed following the acceptance of a change order. BTrenchless hereby warrants for a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) from the date of completion of each project for all workmanship under normal use of service. Ali agreements are contingent upon Incidents or delays beyond our control. BTrenchless reserves the right to charge up to 21% interest annually for all overdue invokes. Should a dispute regarding payment of this contract arise, BTrerxhless reserves the right to recover any attorneys fees that may be associated with such a dispute. No retalnage to be held on BTrenchless work unless specifically required by the General Contract. S:U3ore Proposals%New ProposaIMAVON HEAT RECOVERY HAMMER 100 LF 381N V REQUEST FOR PROPOSAL FORM Town of Avon Heat Recovery Project CDM Project No. 67418 -72246 G.E.Johnson Construction Company To: Todd Raper GE Johnson Construction Company rapert@gejohnson.com GE Johnson Construction Company 25 North Cascade Avenue, Suite 400 Colorado Springs, CO 80903 From: RFP NO. 3 Jeff Schneider jschneider @avon.org Town of Avon One Lake Street PO Box 975 Avon, CO 81620 Reference (RFI #, spec N/A section, etc.): Keyword Description: Jack and Bore Installation of UPRR crossing Date: June 7, 2010 (970)748 -4134 IT IS REQUESTED BY Jeff Schneider OF THE TOWN OF AVON THAT AN RFP BE INITIATED FOR THE ABOVE REFERENCED CONTRACT. SCOPE OF WORK: Provide final pricing for changes to the scope for the following items: Change method of installation of Bid Item 2 to Directional Bore. Furnish all labor, materials, equipment, supplies and incidentals required and install steel liner plates and carrier pipes by tunneling at the location shown on Drawing C -04. The work shall include, but not be limited to, the following: backfill and /or contact grouting of the annular void outside of the casing, bore excavation, disposal of bore spoil, supplying and installing steel casing pipe as initial support, carrier pipes, skids, casing seals, coatings, filling annular void between casing and carrier pipe, design and construction of launching and receiving shafts, dewatering at the shafts, dewatering of the tunnel, disposal of groundwater effluent, location markers and miscellaneous appurtenances as required to complete the installation. Furnish the services of a licensed professional engineer registered in the State of Colorado to prepare tunnel designs and submittals. Refer to the Geotechnical Report in the Construction Documents for soil and rock characteristics. Borings and geotechnical logs at the general location of each bore pit were performed. Per field visit with UPRR Track Manager, bore pits can be located on the UPRR property as long as the ballast is not affected by the work. Assume the portion of pipeline to be bored to be approximate Sta. 0 +97 to 1 +74. Plans currently show a 5% grade but up to 10% will be acceptable at the Contractor's preference. Steel Casing pipe shall be a minimum of 42" in diameter. The attached drawing markups describe the changes that are required. Please provide pricing as described below: Per UPRR, do NOT include Railroad Flagman time in the proposal. A. Please provide a base bid for the bore which does not include any large rock excavation. C ODcuments and SedmgsVorsythbkDssktop%TOAHRP - 1011 \Cost Changes tCC'spCC 5 RFP 003XRFP03 Amended dac �o B. Provide the price per linear foot for bedrock excavation. C. Provide the price per boulder excavation. Cobble excavation (cobble as defined is rock from W -12" in diameter) should be included in base bid. "Boulder" for payment purposes in the tunnel shall mean stone equal to or greater than 12- inches in diameter that is of sufficient strength that breaking and removal with the auger is not successful and that man entry into the heading is required to break and remove the boulder. Tolerances for installation of the steel pipe casing for initial support and carrier pipe using the tunneling method shall be as follows: 1. Initial casing system elevation: 2. Initial casing plan location: SUBMITTALS To grade plus or minus 3.0 -inch Plus or minus 3.0 -inch Submit to the Engineer, in accordance with Section 01300, complete shop drawings and product data for steel casing, casing spacers, proposed fill material (polyurethane foam, flow -fill, or sand) and related appurtenances. The submittals shall be based on the following ground conditions: 1. Mixed face condition of soil overlying rock maybe encountered in 80 -100 feet of tunneling. 2. Dewatering may be required. Provide detailed descriptions of equipment, materials, installation location and procedures for filling the annular void between the carrier pipe and steel casing once the carrier pipes are installed. Provide shop drawings showing size and location of the launching and receiving shafts. Submit design calculations. Provide description of proposed hand mining tunneling method and equipment. DOES THE CONTRACTOR NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN SCOPE OF WORK? YES NO CALENDAR DAYS REQUESTED Attachment Identification: Reviewed By: RESIDENT ENGINEER CC: CDM Date: C 0ocurnents and SettmgsNorsythb\DesktoptTOAHRP 10111Cost Changes (CC's)VCC 5 RFP 0031RFP03 Amendad doc . musuceu - rruuucts: rngineereu rin - ripennes ac votas t Click here to return Home Engineered Fill -4 *ft . About Q Search *Products Q Site Map o Contact --0 Information --0 At Work ._. . Geotechnical Applications: Pipelines & Voids Pipeline Fills, Void Fills & Mine Fills rage i ox Because of its light weight, flowability, ease of placement, and cementitious properties (no need for compacting), ELASTIZELL EF is ideal for void fill applications. In pipeline construction, these applications may include abandonment fills, annular fills for sliplined pipes, fills between both a pipe and a tunnel cut as well as pipe and a cribbed excavations. Other void fill applications include sinkholes, sealing settlement voids under slabs, and voids created by fill material washouts. Specific Use Case: Pipeline and Void Fills Complete and Safe Fills for Voids: What is an economical method for filling tunnel voids, abandoned pipelines, and sliplined pipe annular spaces? Read about Elastizell's solution. Trenched Pipeline Applications . Increases life performance and stability. . Easily excavated. . Reduces settlement and provides insulating properties. Sliplined Pipeline Applications • Completely fills annular spaces and stabilizes the liner pipe. • Reduced filling pressures due to its low density and high flowability. Tunneled Pipeline Applications httn:// www .e]aSti7e]l.com /filinines_htm 32- 6/li /90In tlastlzetl - Products: t;nglneered 1, 111- Pipelines chi voids Page 2 of 2 . Reduces lateral pressure and completely fills void. . Faster installation. Abandoned Pipelines . Eliminates surface trenching and disruption. . Reduces dead load and settlement. . Since no compacting is required, workers are safely out of the excavation during void filling. . Complete void filling is verified by the volumes and density of the ELASTIZELL EF placed. . ELASTIZELL EF is easily removed when necessary. • The speed of installation is an economical method for filling voids. • Longer fill runs may be achieved in pipeline fills including positive erosion void filling due to its Flowability. • Flows into areas where it would be difficult to compact granular fills Back to Geotechnical Applications About Elastizell • Search - Products - Site Map • Contact Elastizell Copyright 1998 - Elastizell Corporation of America - All rights reserved httn• / /,txrurur Alacti7Pll rnm /fillninPC htm A /15/7!11() 25 North Cascade Avenue Suite 400 Colorado Springs, CO 80903 719.473.5321 V 719.473.5324 F www.geiohnson.com 6/28/2010 Jeffrey Schneider, P.E. Town of Avon P.O. 975 Avon, CO 81620 RE: TOWN OF AVON HEAT RECOVERY PROJECT AVON, CO CONTRACT CHANGE NO. 006 Dear Jeffrey: We have enclosed pricing information for 6EJ�]II15��g� _4 CONSTRUCTION COMPANY ATTACHMENT 6 The total cost for this revision is $760.00. A summary sheet along with all back -up documentation to substantiate our cost proposal is enclosed for your review. We will not proceed with this change unless authorized in writing to do so. In order to not impact the current project schedule, please provide written direction to proceed with this work no later than July 9. 2010. If direction is not received by this date, there may be schedule and /or cost impacts associated. Should you have any questions, please feel free to contact this office. Sincerely, Attachments COMPANY CONTRACT CHANGE APPROVED Signature Date cc: Tim Rynders — P.E. Camp Dresser and Mckee Scott Henderson - Superintendent/GE Johnson Construction Company File.02b (CC No. 006) C v)acumants and SedmgsVorsythbV)esktop%r0AHRP - 10111Cost Changes (CC's)%CC 6-RFC 151CC - 006 RFC 015 doc i CONTRACT CHANGE SUMMARY SHEET TOA HEAT RECOVERY PROJECT -1011 AVON, CO CONTRACT CHANGE NO.6 RFC #15 - CUSTOM WORDING OF MANHOLE COVERS 6EJ ITEM _ :L?SCi71pt1N° T�AL 1 COST OF CUSTOM WORDING FOR VALVE BOX COVERS PER RESPONSE TO RFC #15 - COBB $715 SUBTOTAL $7�'$ GENERAL LIABILITY AND UMBRELLA INSURANCE (1.14 %) $8 SUBTOTAL $723 WARRANTY RESERVES(. 15Yo) $1 SUBTOTAL $724 GE JOHNSON CONSTRUCTION COMPANY FEE (5.05/6) $36 TOTAL $760 Form..03 Contract Change (CCyContract Change Summary Sheet xis 6/28/2010 1 of 1 3 0 D D MECHANICAL COMPACTORS June 23, 2010 GE Johnson Construction Company 5613 DTC Parkway, Suite 450 Greenwood Village, CO 80111 Attn: Todd Raper Re: Job #628 Town of Avon — Heat Recovery Project GEJCC Change — RFC # I S Valve Box Covers Cobb No. 628 — 8308 Dear Todd, Plumbing Heating Air Conditioning IndustriallProcess Piping Sheet Metal Please find attached a detailed breakdown for the changes as required by the above referenced RFC # 15 (Valve Box Covers). We propose to furnish and supply all materials, labor, and expenses necessary to do the work as described above. We do not; however, include any of the following: 1. Electrical. 6. Drywall cut. Patch and/or repair. 2. Overtime. 7. Core Drills. 3. Concrete Cut/Patch. 8. Equipment not specifically listed in proposal. 4. Concrete of any type. 9. Ceiling Grid, Tile, Etc... 5. Painting of any sort. The total net change to our contract is as follows: TOTAL ADDS PER BREAKDOWN $715.00 It is anticipated that all work required by this change will be done on a straight -time basis. Overtime work, if required, will be billed as an additional item. This change proposal covers only the direct costs associated with the change order wort: described. We specifically reserve our right to claim for any amount of delay in the performance of the contract, changes in the sequence of work, disruption, suspension, rescheduling, acceleration, and/or impact costs and time prior to the final settlement of the contract. This proposal is for acceptance within 10 days. It is subject to escalation thereafter. This change will require a _j day extension provided we receive a response within the time indicated above. Please be advised that Cobb Mechanical will not proceed without a written authorization - If you have any questions, please contact the undersigned at your earliest convenience. Sincerely, John P. Dosen Cobb Mechanical Contractors Denver Branch Manager 0628- C -G -QO- 062310/628 -8308 2906 W. Morrison • P.O. Box 6729 Colorado Springs, CO 80934 -6729 Phone (719) 471 -8958 FAX # (719) 389 -0127 J-. a0 0 D D MECHANICAL WNTRACJCRS! FEB Summary 'Job Number: 628.8308 RFC 915 Valve Box Covers b Name: Town of Avon - Heat Recovery Project Sheetmetal Pipe Plumbing Total % of Cost Labor Shop $0 $0 $0 $0 0.0°% Field $0 $0 $0 $0 0.0% Shop Drawings $0 _ $0 $0 $0 0.0% Travel Expense $0 I $0 $0 $01 0.0% Total Labor $$ $0 1 $0 I $0 $0 0.0% Sho6 Field Total Labor Hours 0 0 _ 0 0 0 Material Matt incldng Freight $0 $0 $0 $0 0.0% Tax % 8.40% $0 $0 $0 $0 0.0% Local Haulin $0 $0 $0 $0 0.0% Total Mat'I @ Job $0 $0 $0 $0 0.0% Trade Cost = Labor + Material $0 $0 $0 $0 0.0% Equip, Subs & Misc Equipment $0 1 $600 $0 $600 913° - Tax % 8.40% $0 _ $50 $0 $50 7.7% Subs w /Bonds $0 $01 $0 $0 0.0% Miscellaneous $0 $0 0.0 %° General Contracting $0 $0 0.0% $0 0.0% $0 0.0% $0 0.0% Total Equip, Subs S Misc $0 $650 $0 $650 100.00/0 Preliminary Total Cost $0 $650 $0 $650 100.0% G&A Total's $ - 0.0% Project Control Total's MTHS 8,000 = $ - 0.0% Performance & Payment Bond Calculator Total Cost $650 100.0% Duration Total Before Bond $715 Mark Up $ $65 10°% 1 Brakets I Rate/1000 Bond Amount Sub Mark Up $0 5% First 500,000 $0.00 $ Next 2,000,000 $0.00 $ - Final Bid Amount Sub -Total $0 $715 Total Bond I $ O I I FINAL BID AMOUNT W/ BOND 1) HVAC Piping Equipment Job Number 628 -8308 RFC #15 Valve Box Covers Job Name Town of Avon - Neat iRecovery Project l l Cost Carry No Description 1 Add Custom Wording to Valve Box Covers $600 0% 600 2 $0 0% 0 3 u $0 0%1 0 4 $0 0%1 0 5 $0 0% 0 6 $0 0% 0 7 $0 0% 0 8 $0 0% 0 9 $0 0 °/a 0 10 $0 0% 0 11 $0 0% 0 12 $0 0% 0 13 $0 +� 0% 0 14 $0 0% 0 15 $0 0% 0 16 $0 0% 0 17 $0 0% 0 18 $0 0% 0 19 $0 0% 0 20 $0 0% 0 21 $0 0% 0 22 $0 00/0 0 23 _ $0 0% 0 24 01 0% 0 25 $0 0% 0 26 $0 0% 0 27 $0 0% 0 28 $0 0% 0 29 $0 0% 0 30 $0 0% 0 31 $0 0% 0 32 $0 0% 0 33 $0 0% 0 34 _ $0 0% 0 35 _ $0 0% 0 _ 37 $0 0% 0 38 $0 0% 0 39 $0 0% 0 40 $0 0% _ 0 Total 1 $600 1 1 $600 Copeland Enterprises Inc P.O BOX 9110 DENVER, CO 80209 -0110 PH 303 - 936 -4817 FAX 303 - 937 -7820 www.copelandprecast.com I Name 1 Address COBB MECHANICAL 2906 WEST MORRISON P.O. BOX 6729 ^ ^I na w nr% n^ ann� A 719 -471 -8958 Fax 719- 389 -0127 QUOTED BY Ship To Quote I Date I Quote # I 7120101 6582 BART Qty Description Unit Total 8 16" x 3" Ring & Cover Medium Traffic With 161.00 1,288.00 Marking " "Heat Recovery"(B -6016) 8 Marking " "Heat Recovery" (2 -3 Weeks) 75.00 600.00 Prices include delivery and setting in metro area. If your excavation is not accessible, or is unsafe for our boom truck to properly set this material, Copeland Enterprises Inc. will not be held responsible for extra charges to hire equipment necessary to set this material. Maximum Job Time for our equipment to set the material or to be unloaded is. N/A Total $1,888.00 Additional time will be billed at $ per hour. Copeland Enterprises Inc P.O BOX 9110 DENVER, CO 80209 -0110 PH 303 - 936 -4817 FAX 303 - 937 -7820 www.copelandprecast.com Name / Address COBB MECHANICAL 2906 WEST MORRISON P.O. BOX 6729 rNe%9 .-+V-, A rr\ C. r%nlalr•o nr%g%.%A 719- 471 -8958 Fax 719- 389 -0127 QUOTED BY Ship To I Quote I Date I Quote # I /20101 6582 BART Qty Description Unit Total 1 1811 x 3" Ring & Cover Medium Traffic (B- 6018) 161.00 161.00 Or 1 i 16t1 x 3" Ring & Cover Medium Traffic (B -6016) 161.00 161.00 Prices include delivery and setting in metro area. If your excavation is not accessible, or is unsafe for our boom truck tp_properly set this material, Copeland Enterprises Inc. will not be held responsible for extra charges to hire - equipment necessary to set this material. Maximum .lob Time for our equipment to set the material or to be unloaded is. N/A Total $322.00 Additional time will be billed at $ er hour. M B=6016 Manhole Ring and Cover g,1- FOUNDRY USA 20 1/2• 16 1 /B• -1 W/O 3' L- 14 1/2' 16 1 /B' 17 1/2' CAST IRON to conform to ASTM D &L No. B -6016 D - -Lsv�r A-48, CLASS 35B H -20 Wheel Loading Est. weight $� ii7S. P.O Box Foundry 1 (5 9' ( 9) Moses Lake, WA 98837 785-7982 765-8124 OvagMar�+ B-6016 � a *ro APR 1994 P�a'w by b &L Suppy sta'e V= 6 1/2" sneer M'_-W 1 two SAWS 1 1 �J sun CONSTM-MM =MW REQUEST FOR CLARIFICATION (RFC) PROJECT: Town of Avon Heat Recovery PROJECT NO.: 1011 TO: Town of Avon Engineer ATTN: Jeff Schneider SUMMARY OF REQUEST: Valve Box Covers- Preferred Wording SUB. /SUP. RFC NO.: SPECIFICATION SECTION: DRAWING: MZ -3 GEJCC RFC #: 016 Request: Per the 5/26 meeting, Cobb Mechanical would like to know what the preferred wording should be on valve covers, such as those at the Effluent lift station DATE OF REQUEST: 06 /02/10 REQUESTED BY: Cobb Mechanical DATE RESPONSE REQUESTED: 06/08/10 DATE OF RESPONSE: _6116/10 RESPONSE BY: J. Schneider/TOA Valve covers for all in -line valves shown on MZ -3 shall be stamped with the following wording: "HEAT RECOVERY" cc: Braden Forsyth /GEJCC Scott Henderson /GEJCC Todd Raper /GEJCC Cobb Mechanical 1011.02e Pape 7 of 1 Formslf 9 Request for ClanficatronlRequest Ibr Clanficahon Form doc 4 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 7, 2010 SUBJECT: Ordinance No. 10 -11 Amending Booting Regulations Summary: Ordinance No. 10 -11 amends Chapter 5.12 Vehicle Impoundment to incorporate direction by the Town Council concerning vehicle booting practices. Background: Town Council held a public hearing on June 8, 2010 concerning a one year review of the booting regulations. Amendments: The proposed amendments in Ordinance No. 10 -11 include: (1) a amendment to require parking enforcement companies to accept payment by credit card; and (2) a requirement to include the telephone number of the property owner or property manager who authorized vehicle impoundment on the notice that is placed on the booted vehicle. The language of each amendment is set forth as follows: First amendment: 5.12.080(4)e. The parkina enforcement company shall accept Payment by credit card of the boot removal fee in addition to accepting payment in cash or by other means. The parking enforcement company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot. Second Amendment: 1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number, and license number of the parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee, and a description of the right to request a post- seizure hearing under this Chapter 5.12 Requested Action: Move to approve first reading of Ordinance No. 10 -11 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE CONCERNING BOOTING REGULATIONS Thanks, Eric Heil Law & Planning, LLC Eric Heil, Esq.. A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @ovon.org TOWN OF AVON, COLORADO ORDINANCE NO. 10 -11 SERIES OF 2010 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE CONCERNING BOOTING REGULATIONS WHEREAS, the Avon Town Council adopted Ordinance No. 09 -10 which enacted regulations concerning booting of vehicles on private property and the Town of Avon recently reviewed various aspects of existing booting regulations to determine if amendments would improve the effectiveness of booting regulations; and WHEREAS, the use of booting by private parking enforcement companies is not currently regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the State of Colorado has issued an advisory opinion that booting of a vehicle by a private party without the consent of the vehicle owner constitutes Second Degree Criminal Tampering pursuant to C.R.S. § 18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03; and WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule powers of the Town of Avon (the "Town "), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare, including the authority to regulate parking enforcement companies that immobilize and boot motor vehicles without the consent of the owner of the motor vehicle within the municipal limits of the Town; and WHEREAS, the Town Council finds that amendment of regulations that license and permit parking enforcement companies and permit the limited use of immobilization and booting of motor vehicles will enhance the ability of private property owners to enforce parking regulations on their property, which will thereby improve the function of private parking areas and compliance with parking requirements for developed properties as approved and regulated by the Town under the Town's land use regulations, and therefore the Town Council finds that passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. SECTION 2. SECTION 5.12.080 AMENDED. The Avon Municipal Code, Section 5.12.080 Rules and Regulations, subsection (4) is hereby amended to enact the following additional language: 115.12.080(4)e. The parking enforcement company shall accept payment by credit card of the boot removal fee in addition to accepting payment in cash or by other means. The parking enforcement company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot." SECTION 3. SECTION 5.12.110 AMENDED. The Avon Municipal Code, Section 5.12.110 Written notice of tow /immobilization rates and hours. sub - section (b)(1) is hereby amended by repealing 5.12.110(b)(1) in its entirety and reenacting it to read as follows: "(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number, and license number of the parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee, and a description of the right to request a post- seizure hearing under this Chapter 5.12;" SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance, such corrections may include spelling, reference, citation, enumeration, and grammatical errors. SECTION 5. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Page 2 of 4 Amendments to Booting Regulations 7 -7 -10 SECTION 7. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 8. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any court or administrative tribunal. SECTION 9. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank — signature page follows] Page 3 of 4 Amendments to Booting Regulations 7 -7 -10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 27`h day of July, 2010, at the Council Chambers of the Avon Municipal Building, located at 400 Benchmark Road, Avon, Colorado, on the 13th day of July, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 27`h day of July, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 4 of 4 Amendments to Booting Regulations 7 -7 -10 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 6, 2010 SUBJECT: Ordinance No. 10 -12 Prohibiting Medical Marijuana Summary: Ordinance No. 10 -12 amends the Avon Municipal Code to (1) prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by medical marijuana patients. Background: Town Council enacted a 200 day moratorium on issuing any permits or licenses for medical marijuana dispensaries by the passage of Ordinance No. 10 -01. The moratorium imposed by Ordinance No. 10 -01 expires on August 8, 2010. The Colorado Medical Marijuana Code was adopted in the last legislative session and became effective on July 1, 2010. The Colorado Medical Marijuana Code imposes a moratorium by the state on issuing licenses for Medical Marijuana Centers and Medical Marijuana- Infused Products Manufacturers until July 1, 2011. The Town Council previously provided direction to prepare an ordinance prohibiting medical marijuana businesses in the Town of Avon in response to the adoption of the Colorado Medical Marijuana Code. The Colorado Medical Marijuana Code includes a "local option" provision whereby a majority of the local governing body may vote to prohibit medical marijuana businesses. Legal Analysis: This ordinance defines Medical Marijuana Business broadly to encompass the definitions of "Medical Marijuana Center," "Medical Marijuana Infused Products Manufacturer," and "Optional Premises" as defined in the Colorado Medical Marijuana Code as well as include any use of property for cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, whether for profit or not - for - profit. Ordinance No. 10 -12 prohibits the issuance of a business licenses for medical marijuana related business and prohibits the use of land for a medical marijuana related business. Amendments to Chapter 9.16 provide that compliance with state licensing requirements is an affirmative defense for possession and use of medical marijuana by medical marijuana patients. This ordinance must be referred to the Planning and Zoning Commission because the ordinance proposes to amend the text of Title 17 Zoning of the Avon Municipal Code. Requested Action: Move to approve first reading of Ordinance No. 10 -12 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS Thanks, Eric Heil Law & Planning, «C Eric Heil, Esq.. A.I.C.P. 1499 Blake Street, Unit 1-G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org TOWN OF AVON, COLORADO ORDINANCE 10 -12 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Colorado Revised Statute §12- 43.3 -106 provides that the majority of the members of a governing board for a municipality may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufactures' licenses; and WHEREAS, the Town Council finds that the regulation of land use is a matter of local concern; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on July 20, 2010, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, the majority of the members of the Avon Town Council have voted to approve this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord 2010 -12 Medical Marijuana Business Page 1 of 5 V2 7 -3 -10 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 5.04 Business Registration. Section 5.04.025 Lawful Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to read as follows: "5.04.025 Lawful Business — Denial — Revocation - Appeal. The Town Clerk shall reject any business registration, reject a business registration annual update or revoke a business registration if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws. The business owner ( "Appellant ") may appeal the decision of the Town Clerk to the Town Council. The Appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Clerk, or designee, to deny or revoke a business registration. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Clerk's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council, and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty -five (45) days after the date of receipt. The Town shall provide at least three (3) days prior notice to the Appellant stating the date, time and location where the Town Council will consider the appeal. The decision of the Town Council shall be in writing." Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as follows: "5.04.045 Medical Marijuana Business Prohibited. Medical Marijuana Business, as defined in Section 17.08.517 of this Code and as may be amended or re- codified, is prohibited and unlawful in the Town of Avon." Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by repealing and re- enacting Section 9.16.070 in its entirety to read as follows: "It is unlawful for any person to possess, use or attempt to obtain or procure cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this section for a medical marijuana patient to possess, use, and obtain medical marijuana, when such medical marijuana patient is fully and currently compliant with all state laws, Ord 2010 -12 Medical Marijuana Business Page 2 of 5 V2 7 -3 -10 regulations, and licensing requirements concerning medical marijuana patients provided that such possession is not displayed publicly or in a manner which can be seen by the general public, that such use does not occur on property owned or possessed by the Town, and that such use does not occur upon property without permission of the property owner." Section 5. Amendment to Chanter 17.08 Definitions. Chapter 17.08 Definitions of the Avon Municipal Code is amended by enacting the following language: "17.08.517 Medical Marijuana Business. Medical Marijuana Business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for Medical Marijuana Centers, manufacturing of Medical Marijuana - Infused Products, or Optional Premises, as such terms are defined by Colorado Revised Statute §12-43.3-104, as may be amended, regardless of whether any such use described herein is for profit or not for profit." Section 6. Amendment to Chapter 17.12 Administrative Provisions. Section 17.12.050 Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting the following language: "(d) Any use of property which violates local, state or federal law is prohibited." Section 7. Amendment to Chapter 17.16 Zone Districts and Official Maps. Chapter 17.16 Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the following language: "17.16.025 Medical Marijuana Business Prohibited. Medical Marijuana Business is a prohibited use in all zone districts." Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, Ord 2010 -12 Medical Marijuana Business Page 3 of 5 V2 7 -3 -10 subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 10. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 13. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 2010 -12 Medical Marijuana Business Page 4 of 5 V2 7 -3 -10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 2010 -12 Medical Marijuana Business Page 5 of 5 V2 7 -3 -10 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and Transportatioruq�S_ Date: July 13, 2010 Re: Update on Noxious Weed Abatement: Progress to Date Summary: An informational presentation on the progress of Avon's noxious weed management program is offered. This is an opportunity to ask questions about the notification and abatement process. Previous Council Actions: On April 27, 2010 Ton Council approved upon second reading Ordinance 10 -06 "An Ordinance Enacting Noxious Weed Control Regulations" ( §§ 8.36 of the Avon Municipal Code). A press release and follow -up e- mailings were sent to residents regarding this new ordinance. Discussion: This year Public Works staff increased surveillance of private properties and weed management program control measures, in accordance with Ordinance 10- To report noxious weeds growing within Avon please e -mail weeds @avon.org or call Public Works 748 -4100 06. Noxious weeds are being most consistently discovered on lands that have previously been disturbed but not properly re- vegetated. To date, the properties listed in Table 1 have been notified of the presence of noxious weeds as observed by Avon Public Works. Enforcement has been reasonably successful for privately owned properties. Of the 37 property owners notified, 15 half have taken action to abate their noxious weeds as of 7/7/2010. Several are currently demonstrating progress but abatement is noticeably incomplete. Undeveloped properties and those managed by out -of -area owners are the highest risk for non - response and /or non - compliance. In the case of non - responsive or under - responding land owners, the Town seeks entry warrants and enters the property, conducts the appropriate abatement work, and invoices the property owner. The Town will file a lien on properties that fail to promptly reimburse the Town for this work. The state highways and Union Pacific Railroad (UPRR) are particularly challenging to address. Since it is not possible to place a lien on these lands, additional communication efforts by Town staff are needed to motivate action by these entities. Consistent with past practice for the UPRR corridor, the Town was requested to take action directly and invoice them for the work. The UPRR corridor was sprayed during mid -June and will likely need additional spraying later in July or early August. CDOT staff stated that they will be mowing their lands along I -70 and Hwy 6 within Avon Town Limits during the week of July 12th. Avon Public Works takes care of noxious weeds found on town -owned property. The Town's work program includes periodic mowing of the flat areas alongside town roads to cut a width of about 5 -9 feet. The Town has also contracted with Mountain Ventures for assistance with spraying of herbicides to mitigate noxious weeds. Where the abutting property is owned by the town (e.g., parkland and open space), the town conducts additional mowing and maintenance of the remaining right -of- way. Along road frontages where the back of property is owned by someone other than the Town, then the property owner is responsible for mowing and trimming the remaining road frontage, including the ditch or area adjacent to a sidewalk, in accordance with AMC 12.16. Financial Implications: No impact. Town Manager Comments: ', t O A.,L, Exhibits: Table 1. List of Noxious Weed Notifications (as of 7/7/2010) z 0 m 0 a v m y c m Ui y O CD 0 m C 4 m 00 J O UP A W N — O co 00 -I O (n A W N 4k -� -4 -4 N N m-4 n O O A O C O O O r n W o w— v D6 00 00 :3 cn O O o o 0 0 0 o 0 0 ° -4� cVi, o o 00 O 3 m _ _ 0 0 0 _ 0 ° CD 0 CO) p�j ?i -n � : � cWU v. O n�i 3 cr cQ cQ N v �' cQ 0 O ? � cQ C-) v v ni v v w w 3 3 3 fa = O O x O M Z7 O CD. Z7 Z7 v r N v 7 O O N O n O O Q. CL 0 co N N Q 0) O N N N (D (A < O Q Q Q. � Q. Q. PF 7 -. ^D ° o D 0 O o a 3 CD °' v 0 _O X v 0 N C H �D CL z 0 o co n � co o W� v v(D m m cco o ccoo M m m (D O .° r= p 3 x m =@ = (D (D Q° vOi l< v (D N C7 C7 = o ai 2 n a C) --1 CO N W O 7 v go n 0 .0 n 3 (OD (OD Ro 15 cQ o D n ~' n (D (SOD H r 0 FA 0 n _ (D v c `< N C7 p m z -h (D W 0 r � o v 3 CD -, C7 m n o C 3 N c0i O FA O rn O O K3 O — O — W � O � rn — rn — 0) ( n 0 n n z G N N N N N N W W W W W W W cn (n (n -4 v v v O O O N N N N N N N N N N N N N N N N m O O O O O O O O O O O O O O O O n 0 o O 0 0 0 0 0 0 O O O O O O O O O M z 0 m n 0 Q (D Cb (D cn v 0 m m a' 0 CD CD Q N W W W W W W W W N N N N N N N N N N 4 O Cn A W N O O OD v O m A W N O (O O1 N CT CT W N O (O K T K T CT T r r D (p O O O O A Z 0 O O c 3 0 0 Ir Z X X o — C/) +n cn +n co cn N W 0 -. CL CL r Q- � a, 4 co T * 1 l< It � - � G) G) TI TI y cn or y N C 7 3 � n N n n W n N N :' :3 W G. D 0 CL CL cc O-4 r 3 r r 0 s cn N T D D W W v N Z N <_ < 0 0 a CL D n0) n o a) 0i 1 m: m m m O Q Q g O cn CD cn cn x O' c o0i 3 � 0 y CL o o c°n 0 Cn 7 T O ng) ca O C CD � D > ca m Z W rl O A O O H r (- (- m m C o0 00 D c CD S CA C N N N N N n� n� n� n� N m Ol a) 90 --——= m m m v m m m m_ m m m m m C y -n � 3 n 0 0 0 n 0 n o n n n 0 n y O 5 �. (n (n . m- m m m m 3 m m m m m m m' r• -� o� m CL Q m � m X, m ;r m � m x m x m x m x CD x m o _ 0 m r v � G m w Q (mn O (mn O O N .m. `< O \ n m m n n 0 0 0 n n n n Z C G) r r 3 m Ir F) r cn CD -, M C (n C7 m m c c _m _m 0 0 �. (o co O v v -4 -4 -4 -4 -4 -4 -4 -4 -4 -4 -4 v -4 -4 -4 v -4 Z OD OD , OD , OD , OD , N , N , N , N , , , , , , , , , , 0 i N N N N N N N N N N N N N N N N N N N — m O 0 0 0 0 0 0 0 0 O O O O O O O O O O O 0 0 0 8 C 8 C 0 0 0 0 0 0 0 0 0 0 0 o mm Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth, P.E., Town Engineer =1�' Date: July 8, 2010 Re: Walking Mountain diversion of water from Buck Creek Summary: Walking Mountain, formally known as the Gore Range Natural Science School, is starting construction on Lots 3 & 5 of the Buck Creek PUD. The project developers have set a goal to achieve the highest LEED certification possible and one of the criteria is to use non - potable water for irrigation. Walking Mountain has requested permission from the Town to divert water from either Buck Creek or the stock pond on the property for its source of non - potable irrigation for its source of non - potable irrigation. Background: In Colorado, water users are not allowed to divert water from water bodies even if they are located on their property without appropriated water rights. Walking Mountain does not have the legal right to divert water from Buck Creek because they do not have any existing water rights. It is very expensive, time consuming and not practicable for a small organization like Walking Mountain to obtain new water rights to divert water from Buck Creek for irrigation. Walking Mountain desires to use non - potable water for irrigation because it is more environmentally friendly because the water does not have to be treated. Since it is more environmentally friendly, they will also obtain additional points for their LEED certification. In order to divert water from a stream, there must be a water right which describes where it can be diverted and where and how it can be used. Most of the Town of Avon water rights were converted from Nottingham Ranch agricultural uses to municipal use when the Town was created. When the water rights were converted, the Town retained several of the points of diversion which include the Hurd Ditch and the Nottingham Domestic Pipeline. The Hurd Ditch and Nottingham Domestic Pipeline diversion points are located on Buck Creek in the vicinity of the Walking Mountain facility and the Hurd Ditch previously irrigated the Walking Mountain site. Town has water rights that can be diverted and used on the Walking Mountain site. Jay Montgomery, the Town's water attorney, and Les Botham, the Town's water engineer, have reviewed the proposal and agree that it is within the Town's water rights to put it to the proposed use. The only feasible option for Walking Mountain to utilize non - potable water for irrigation is within the Town of Avon's water rights portfolio. If Walking Mountain used potable water it would be included as part of the SFE allocation for the lot and would also come out of the Town of Avon's water rights allocation with the Upper Eagle Regional Water Authority. This is the first time that this type of request has been made and could be precedent setting for other entities to request the use of non - potable water for irrigation. Recommendation: Town Staff is requesting direction from the Town Council on whether or not the Town of Avon should allow Walking Mountain the right to utilize the Town's water rights for private property ground irrigation. If Town Council desires to approve the request, Staff will work with Walking Mountain to prepare an agreement that specifies the terms of the water use including how much water will be used, when the water will be used, and under what constraints it will be used. Also, Staff will have to work with the UERWA to develop procedures to account for the quantity of water used. Town Manager Comments: • Page 2 P177 7 TOWN OF AVON, COLORADO AVON WORK SESSION MEETING FOR TUESDAY, JULY 13, 2010 MEETING BEGINS AT 2:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:15 PM — 3:15 PM 1. EXECUTIVE SESSION: a. For the purpose of discussing personnel matters pursuant to Colorado Revised Statute §24- 6- 402(4)(f) regarding the Town Manager b. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) discussion related to potential acquisition of real estate pursuant to Colorado Revised Statute §24- 6- 402(4)(a) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) specifically related to the U.S. Forest Service Multi Party Land Exchange c. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b), developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24-6 - 402(4)(d), and for the discussion of potential transfer of real property pursuant to Colorado Revised Statute §24- 6- 402(4)(a) specifically related to the Upper Eagle River Water Authority Avon water treatment plant site d. Receiving legal advice pursuant to Colorado Revised Statute §24-6 - 402(4)(b) related to pending litigation and settlement discussions regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 3:15 PM — 3:15 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:15 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. 2010 Election Calendar Preview (Patty MCKenny, Asst. Town Manager) Review important dates for 2010 November candidate election b. Budget 2011: Community Funding and Special Events Review (Scott Wright, Assistant Town Manager Finance, Meryl Jacobs, Recreation Director) Review long range financial projections in preparation of community funding budget; review current special events program c. Outdoor Lighting Ordinance Compliance Update (Sally Vecchio, Assistant Town Manager, Community Development) Review town -wide compliance of lighting ordinance adopted in 2004 Avon Council Meeting. 10.07.13 Page 1 of 5 TOWN OF AVON,, COLORADO AVO O AVON WORK SESSION MEETING FOR TUESDAY, JULY 13, 2010 t 0 P .. ® U MEETING BEGINS AT 2:15 PM AVON TOWN HALL, ONE LAKE STREET 3:15 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES -CONTINUED d. Land Development Code — Improvements to the Development review Process (Sally Vecchio, Assistant Town Manager Community Development) Review proposed changes to processes and procedures as a result of the new Development Code f. Mountain Star Water System Improvements Discussion (Larry Brooks, Town Manager) e. Harry A. Nottingham Park Pavilion Update (Dave Dantas, Councilor) Review pavilion progress 4:30 PM -5:15 PM 4. PRESENTATION AND REVIEW OF "TAKINGS LAW" (Eric Heil, Town Attorney) 5:15 PM 5. ADJOURNMENT Avon Council Meeting. 10.07.13 Page 2 of 5 MEMO To: Mayor and Council Members Thru: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager — Management Services Date: July 8, 2010 Re: 2010 Election Calendar Preview Summary: Please find attached the following information related to the 2010 election: ✓ Exhibit A: Resolution No. 10 -18, Resolution authorizing the Town of Avon to participate in the Coordinated Election on November 2, 2010 ✓ Exhibit B: Important Dates for the 2010 Election ✓ Exhibit C: Press Release for Town of Avon's Municipal Election to be submitted to the newspapers late July. Election Information Packets will also be posted to Avon's website at www.avon.org ✓ Exhibit D: Eagle County Election Information; check Eagle County clerk's website for valuable election information: http: / /www.eaglecounty.us /Clerk /elections Background: The Town of Avon has participated in this type of coordinated election for its municipal election in the past. This resolution is added to the agenda in light of the candidate election to take place this November. Discussion: This formal action must be taken in order to participate in the coordinated election and forwarded to the Eagle County Clerk & Recorder no later than 100 days prior to the election, which is Friday, July 23, 2010. The resolution is listed on the Regular Meeting's Consent Agenda. There are four seats available this November election; Mayor Wolfe & Mayor Pro Tern Sipes completed two terms and are term limited. Councilor Carroll and Councilor Dantas complete their first four terms and are eligible to become candidates. In addition to a press release, the town will run an advertisement in the Vail Daily to also draw attention to the municipal candidate election. The ads will setup to run a couple of times in August. The other attachments are informational only for your review. Please note that primary election day is August 10, 2010 and will be conducted as a mail ballot election. Financial Implications: There are financial implications in administrating the election that have been budgeted in the 2010 budget ($5,000). Town Manager Comments: EXHIBIT A TOWN OF AVON, COLORADO RESOLUTION NO. 10 -18 SERIES OF 2010 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN THE COORDINATED ELECTION ON NOVEMBER 2, 2010 WHEREAS, § 1 -7- 116(5), C.R.S. provides that "If, by one hundred days before the election, a political subdivision has taken formal action to participate in a general election or other election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder." WHEREAS, the Town of Avon wishes to take this formal action to participate in the election coordinated by the Eagle County Clerk's Office to be held on November 2, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon hereby takes this formal action to participate in the coordinated election on November 2, 2010. ADOPTED this _ day of , 2010. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk September'? NEED TO SCHEDULE Municipal Judge to draw names of candidate by lot for order on the ballot Tuesday 70 days before TOWN OF AVON, COLORADO EXHIBIT B 1-7-116(2) GENERAL COORDINATED ELECTION ON NOVEMBER 2, 2010 county clerk to run the coordinated election. Wednesday ELECTION CALENDAR Last day for Secretary of State to send notice and certification of General election ballot Sunday July 25 100 days before If, by 100 days before the election, a political subdivision has taken formal action to 1 -7- 116(5) so use Friday election participate in a general election or other election that will be coordinated by the county Last day for political subdivision to certify the ballot content to county clerk. July 23 September 3 clerk, the political subdivision shall notify the county clerk. Tuesday 91 days before First day that nomination petition for municipal office may be circulated and signed. 1-4 -805 August 3 election 31 -10 -302 Wednesday 90 days before Last day for county clerk to establish polling places for coordinated election, 1 -5- 102.5(1) August 4 election election Monday 71 days before Last day to file nomination petitions for municipal office with the municipal clerk. 1-4 -805 August 23 election before election 31 -10 -302 Friday 67 days before Last day to cure nomination petititions for municipal office / "petition may be amended to 1-4 -805 August 27 election correct or replace signatures that the clerk finds are not in apparent conformity with the statements) to county clerk and recorder. Friday requirements of the muni election code at any time before 67th day before Ballots for General Election must be printed and in possession of the designated Monday 64 days before Last day for write -in candidates to file an affidavit of intent with the municipal clerk, who 1 -4- 1102(2) August 30 election must forward a copy to the county clerk. Tuesday 63 days before If, on close of business day, there are not more candidates than office to be filled, 1 -5- 208(1.5) August 31 election including those candidates filing affidavits of intent to participate as write -in candidates, and the only matter before voters in the municipality is election of person September'? NEED TO SCHEDULE Municipal Judge to draw names of candidate by lot for order on the ballot Tuesday 70 days before Last day for municipality to sign and submit intergovernmental agreement with the 1-7-116(2) August 24 election county clerk to run the coordinated election. Wednesday No later than 55 days Last day for Secretary of State to send notice and certification of General election ballot 1 -5- 203(1) September 8 before election to county clerks. Friday 60 days before Last day for political subdivision to certify the ballot content to county clerk. 1- 5- 203(3)(a) September 3 election Last day to file pro /con comments pertaining to local ballot issues with the designated Arti. X, Sec. election official in order to be included in the issue mailing. 20 (3)(b)(v) Friday by 45 days before Written comments shall be filed. 1 -7- 904(4) September 18 election Monday no later than 43 days Last day for petition representatives to file in type written form a summary of comments 1 -7- 903(3) September 20 before election in favor of their local ballot issue to the designated election official. Tuesday 42 days before Last day for the designated election official to deliver ballot issue notices (pro /con 1 -7 -904 September 21 election statements) to county clerk and recorder. Friday no later than 32 days Ballots for General Election must be printed and in possession of the designated 1 -5- 403(1) October 1 before election election official. Sunday October 3 Monday October 4 Tuesday October 5 Tuesday October 12 Monday October 18 Thursday October 21 Friday October 22 Friday October 29 Friday October 29 Friday October 29 TOWN OF AVON, COLORADO GENERAL COORDINATED ELECTION ON NOVEMBER 2, 2010 ELECTION CALENDAR At least 30 days Last day to mail notice of election ballot issues. before election 7/8/2010 Art. X, Sec. 20 (3)(2) Ref B 29 days before Last day to register to vote for the General Election. 1 -2- 201(3) election If the 29th day before an election is a Saturday, Sunday, or legal holiday, then electors shall be permitted to register on the next day that is not a Sat., Sun or legal holiday. for the 28 days before Elector may complete a sworn affidavit for a change of address in the county clerk's and on the day of office stating the he /she moved within the precinct prior to the 39th day before the election election. 21 days before the Financial Disclosure Statement due for municipal candidates. election 15 days before Early voting begins at the early voters' polling location for the General Election election At least 12 days Last day to post pollings signs for General Election. before election No later than 10 days Last day to post and publish a notice of the election and transmit the same to the county before election clerk, unless this duty is assigned to the county clerk in the intergovernmental agreement. The designated election official shall publish in at least on enewspaper Friday before election Financial Disclosure Statements due for municipal candidates. Friday before election Last day to apply for an absentee ballot for the General Election Friday before election Last day for early voting at the early voters' piling place for General Election 1- 2- 216(4)(a) 1-45 - 108(2)(a) 1 -8 -202 1 -5 -106 1 -5- 205(1) 1-45 - 108(2)(a) 1 - -8- 105(3) 1 -8- 208(3) Tuesday ELECTION DAY 1- 1- 104(17) November 2 EXHIBIT C PRESS RELEASE For Immediate Release Contact: Town of Avon Patty McKenny 748 -4035 TOWN OF AVON General Coordinated / Municipal Election on November 2, 2010 Nomination petitions for four (4) openings on the Avon Town Council will be available at the Town Clerk's Office, Avon Municipal Building, One Lake Street, Avon, Colorado beginning Tuesday, August 3, 2010. The deadline for filing the petitions with the Avon Town Clerk is Monday, August 23, 2010. The election will be coordinated with the Eagle County Clerk & Recorder's Office and is held on November 2, 2010. The last day to register to vote in this election is October 4, 2010. To be eligible for election, candidates must be 18 years of age on the date of the election, a citizen of the United States, a qualified elector, and have resided within the Town of Avon for a minimum of one (1) year immediately preceding said election. Please contact Town Clerk Patty McKenny at 748 -4035 or log on to www \avon.org for further information. Clerk and Recorder - Upcoming Elections - Eagle County EXHIBIT D E+MLECOUNTY Official website of Eagle County, Colorad Page 1 of 2 Voting and Elections Hone Clerk arid Re order Clerk and Recorder • Deadline to register to vote is July 12, 2010 Voter Registration Upcoming Elections Department Home Primary Election — August 10, 2010 — All Mail Ballot Election Contact information between July 19 and July 23, 2010. Historical Election Results • Democratic Sample Ballot - Eagle Valley residents vote on State Representative 56; Roaring Fork residents Meet the Clerk and Recorder vote on State Representative 61 Recorded Document Search • Republican Sample Ballot - Eagle Valley residents vote on State Representative 56; Roaring Fork residents vote Recording on State Representative 61 Motor Vehicle Services • Libertarian Sample Ballot Voting and Elections Overview • Deadline to register to vote is July 12, 2010 Voter Registration • Deadline to change affiliation is July 12, 2010 Upcoming Elections • Voters registered with the Democratic, Republican, and Libertarian Parties will be mailed their party's ballot Elected Officials between July 19 and July 23, 2010. Historical Election Results • Ballots cannot be forwarded according to Colorado State Statute • Check your voter registration to verify your residential address. mailing address ands and affiliation Running for Office • Make changes to your voter registration or register to vote on line or on paper: Marriage Licenses • Online — you must have a valid Colorado ID or Colorado Driver's License Changes are downloaded daily. Liquor Licenses • Use the Colorado Combination Voter Registration and Mail -In Ballot Application form • Scan and email your form or Contact Us • Fax your form to 970 - 328 -8716 or • Mail your form to Eagle County Clerk. P O. Box 537, Eagle CO 81631 Clerk 8 Recorder • Deadline to return voted ballots is August 10, 2010 by 7 p.m. Postmarks do not count. P.O. Box 537 • Service Centers in all Clerk and Recorder's offices offering: 500 Broadway, Suite 101 • You must present your ID to receive a ballot in person Eagle, Colorado 81631 • Ability for unaffiliated voters to affiliate and cast a ballot • Disabled access voting from August 2 through August 10 Recording: 970 - 328 -8723 Motor Vehicle: 970 - 328 -8717 • Voting booths Voting / Elections: 970 - 328 -8715 • Replacement ballots Marriage License: 970 -328 -8723 • Secure ballot drop boxes Liquor License: 970328 -8718 • Emergency Registration Avon: 970-748-2000 • Locations El Jebel: 970- 704 -2700 • Eagle Office • El Jebel Office 1 -800- 225 -6136 • Avon Office Fax: 970.328 -8716 • .Service Center hours: eleceons@eaglecounty us • July 22 through August 9, Monday through Friday 8 a.m. to 5 p. m motorvehicle@eaglecounty us • August 7, Saturday, 9 a.m. to 4 p.m. recording@eaglecounty us • August 10, 2010 Election Day from 7 a.m to 7 p.m General Election — November 2, 2010 • Deadline to register to vote is October 4, 2010 • Make changes to your voter registration or register to vote: • Online — you must have a valid Colorado ID or Colorado Driver's License. Changes are downloaded daily. • Use the Colorado Combination Voter Registration and Mail -In Ballot Application form • Scan and email your form or • Fax your form to 970 - 328 -8716 or • Mail your form to Eagle County Clerk, P.O. Box 537, Eagle CO 81631 • }?olling Places for November 2, 2010 General Election http:iiwww .eaglecounty.us /ClerkNoting_ and _Elections /Upcoming_Elections / 7/8/20 10 Clerk and Recorder - Primary Mail Ballot Election - Eagle County Page 1 of 2 fJGLECOUNTY Official website of Eagle County, Colorado Important dates and deadlines to remember include: • Early July - Sample ballots available on our web page • July 12 - Deadline to register to vote or change affiliation • July 19 - First day mail ballots may be sent to active voters • July 19 — August 10 - replacement ballots and disabled voting available in all three Clerks offices • August 10 - Election Day; deadline for ballots to be returned Other important reminders: • Unaffiliated voters wanting to participate in the primary can affiliate by making changes to their voter re&: Stfat cn up to and including Election Day. • Voters have the option of mailing or hand delivering their ballots to our offices, but ballots must be received by us no later than 7 p.m. on August 10. • Ballots cannot be forwarded http:// www. eaglecounty. us /Clerk/News /Primary_Mail_Ballot Election/ 7/8/2010 Home I Clerk and Recorder Clerk and Recorder however, that some voters prefer to vote in person, and will still be able to do so. These voters will be able to obtain Primary Mail Ballot Election Department Home Contact: Teak Simonton, Clerk & Recorder, 970 - 328 -8728 Contact Information 500 Broadway, Suite 101 On Feb. 23, the Eagle County Commissioners approved a resolution allowing the Clerk and Recorder to conduct the Meet the Clerk and Recorder Aug. 10 Primary Election by mail. This format is secure, accurate and transparent and allows cost savings over a Recorded Document Search polling place format. Recording Voters who are affiliated as Democrats, Republicans, or Libertarians will automatically be mailed their party's ballot Motor Vehicle Services around July 22. Depending on when they receive their mail, voters will have approximately 20 days to make their Voting and Elections decisions. Voted ballots can be mailed or delivered in person to any of the three Clerk's offices, but we must receive Marriage License. 970.328 -8723 them no later than 7 p.m. on Election Day. Unaffiliated voters who wish to vote in the primary can do so by submitting Running for Office an affiliation form. They can also stop by one of our offices to do this in person and receive their ballot immediately. Marriage Licenses Those who are more comfortable waiting for last minute information about candidates have the option of delivering El Jebel: 970 -704 -2700 their ballots to our offices as late as 7 p.m. on election night. Liquor Licenses maintain the highest level of transparency, we always welcome those interested in Teaming more about these Important dates and deadlines to remember include: • Early July - Sample ballots available on our web page • July 12 - Deadline to register to vote or change affiliation • July 19 - First day mail ballots may be sent to active voters • July 19 — August 10 - replacement ballots and disabled voting available in all three Clerks offices • August 10 - Election Day; deadline for ballots to be returned Other important reminders: • Unaffiliated voters wanting to participate in the primary can affiliate by making changes to their voter re&: Stfat cn up to and including Election Day. • Voters have the option of mailing or hand delivering their ballots to our offices, but ballots must be received by us no later than 7 p.m. on August 10. • Ballots cannot be forwarded http:// www. eaglecounty. us /Clerk/News /Primary_Mail_Ballot Election/ 7/8/2010 During the 2008 election, 70 percent of Eagle County's voters chose to vote by mail or to vote early. We understand. Contact Us however, that some voters prefer to vote in person, and will still be able to do so. These voters will be able to obtain replacement ballots at our El Jebel, Eagle and Avon offices and will have the option of voting on disabled access Clerk & Recorder voting machines, depositing their voted ballots in ballot boxes or simply voting in person. P.O. Box 537 500 Broadway, Suite 101 The process for receiving, securing and ultimately processing all ballots is extremely detailed and secure. In the same Eagle. Colorado 81631 manner as mail ballots are handled during any election, at no time is any staff member or election judge allowed to handle a ballot alone. Two people must be involved in every step as the ballot is received by mail or from the drop box, Recording 970- 328 -8723 sealed in secure and numbered containers and ultimately delivered unopened to the bipartisan team of election judges Motor Vehicle 970- 328 -8717 several days before the election for counting. Ballots are never opened by election staff. Voting / Elections 970- 328 -8715 Marriage License. 970.328 -8723 Liquor License. 970- 328 -8718 This type of election allows better control of critical processes, which ultimately produces the most accurate results. It Avon: 970 -748 -2000 is vital to be able to confirm that complex election laws and rules are applied consistently This is more attainable with El Jebel: 970 -704 -2700 a highly trained and experienced team of election staff and tenured counting judges involved in the process. To maintain the highest level of transparency, we always welcome those interested in Teaming more about these 1 -800- 225 -6136 processes to contact us, and encourage all to understand their options for involvement or watching some or all of the processes we employ. Contact Teak Simonton for more information about your options. Fax: 970.328 -8716 elections @eaglecounty us There is no evidence that mail ballot elections are more subject to fraud than polling place elections. To our motorvehicle @eaglecounty us recording @eaglecounty us knowledge, Eagle County has not had any situation in which someone voted another's ballot The original voter in this scenario would have alerted us that they didn't receive a ballot, or tried to vote again at the polls, and our records would have discovered fraud immediately. This hasn't happened. Important dates and deadlines to remember include: • Early July - Sample ballots available on our web page • July 12 - Deadline to register to vote or change affiliation • July 19 - First day mail ballots may be sent to active voters • July 19 — August 10 - replacement ballots and disabled voting available in all three Clerks offices • August 10 - Election Day; deadline for ballots to be returned Other important reminders: • Unaffiliated voters wanting to participate in the primary can affiliate by making changes to their voter re&: Stfat cn up to and including Election Day. • Voters have the option of mailing or hand delivering their ballots to our offices, but ballots must be received by us no later than 7 p.m. on August 10. • Ballots cannot be forwarded http:// www. eaglecounty. us /Clerk/News /Primary_Mail_Ballot Election/ 7/8/2010 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager — Finance Meryl Jacobs, Director of Recreation Danita Chirichillo, Special Events Supervisor Date: July 7, 2010 Re: Community Funding and Special Events Review Summary: Initials w Meryl Jacobs will have a brief PowerPoint presentation of her department's special events program. The purpose of this memorandum and the presentation is to spark discussion regarding the community funding process for 2011 given current economic difficulties and the Town's obvious and more - than- likely long -term budget constraints. On June 3, 2010 staff discussed the issue of community funding requests with Council. At that meeting it was requested that staff present Council with the entire list of special events, as well as the organizations that currently receive funding. A list of special events by category (turnkey vs. TOA) including direct event cost and revenue generated is attached to this memo. Also attached is a spreadsheet reporting the rating of the Town's events. The Town currently funds the following organizations from the General Fund: Vail Valley Foundation 2010 Birds of Prey $ 40,000 Regional Air Service Airplanners, Inc Program Pledge $ 12,000 Gore Range Natural Science Avon in School Program $ 6,000 School Page 1 Financial Implications and Discussion: In March, Council adopted staff's recommendations as to 2010 supplemental budget cuts pursuant to an approximate $1.1 million shortfall in revenues due to the non - payment of municipal services and sales tax shortfall invoices by Truer Creek Metropolitan District. The financial implications of this amendment were to offset a large part of the anticipated failure of Truer Creek Metropolitan District to pay its municipal services and sales tax shortfall invoices in 2010 as follows: Revised Surplus $ 890,964 Less: Sales Tax Shortfall (654,590) Municipal Services 50S 6,448) Deficit Balance Remaining 267 235 Subsequent to the supplemental budget amendment, an across- the -board 2% pay cut was implemented by the Town Manager on all full -time salaries resulting in further savings of approximately $72,000. In addition, staff also identified a number of other budgetary savings that may be necessary in order to balance the budget for 2011. These included the following: • Reduction in Winter Transit Operations - $146,300. These savings would involve the reduction of 2,660 fiscal year 2010 /2011 winter service hours by continuing the consolidation of the current blue and red routes into a year -round combined black route with one bus and cutting off service at 7:30 pm. • Elimination of funding for the 2010/2011 Beaver Creek Mountain Express - $42,500. • Elimination of non - profit funding - $58,000. Other measures identified include continued freezing of vacant full -time positions, continuation of the furlough program, reductions in special event funding, and cuts in Town dues and memberships . Finally, approximately $73,564 in capital leases will not recur in 2011 due to the pay -off of the Town's 2003 lease. Recommendations: Staff's preference this year would be to personally contact organizations in order to discuss Council's direction to staff on a one -on -one basis in order to avoid confusion or ill -will regarding our process. Town Manager Comments: � Dot • Page 2 Attachments: A — 2010 TOAITum Key Events Budgets Categories B — 2009 Turnkey Events Ratings Summary C — 2009 Community Requests Funding Summary • Page 3 m � O Y m m EA �v m o a, om O .+ N C� W F C d E 0 d D 0 d d L_ '9 G EXHIBIT A 0 0 a X O 0 O 0 O 0 0 O O O O O O O O O O O O O O O O O O O O O � � O O O O 0 0 0 0 0 T 0 v o U ° C O O O O O O O O 0 O O Vl 10 o ° o O O O O O O O N Vl O f� O O O Vl N N V1 1� CG a -• C9 0 Z O N 00 M O n O O r O — 00 Vl bs bs 65 69 bs &4 bs bs 6) bs &4 bs bs 65 65 cn N 0 0 0 0 0 0 0 0 0 0 0 0 d 0 c 0 c 0 c 0 c N 0 c 6% 0 c 0 c 0 c 0 c 0 c 0 c 0 e CD— 6n M 64 64 64 69 N— 7 N N T C— 0 0 0 0 N 0 0 O 0 0 64 69 69 64 69 69 69 69 69 69 69 64 69 69 69 E 0 0 0 0 0 _ O U � � O O O O 0 0 0 0 0 T 0 v o U ° C c O O O O U 0 0 0 0 0 o ° o O O O O O O O N Vl O f� O O O Vl N N V1 1� a -• C9 0 Z O N 00 M O n O O r O 0 0 0 0 0 0 0 O U � � O O O O 0 0 0 0 0 0 0 C O O O O O 0 0 0 0 0 0 0 O O O O O O O N Vl O f� O O O Vl N N V1 1� a -• C9 0 Z O N 00 M O n O O r O — 00 Vl — L�G7 �' 01 M N — �O IT V1 N 69 64 6% 69 69 69 6H 6n 64 64 64 69 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O 00 -T O M 1- 00 Q, kA 7 01 6H 6H 6H 6H 6H 69 69 66 O r 69 N R 'O O R U T U 7 N a s 0 N O a f.. U � � CIO C p a -• C9 0 Z a L�G7 �' O O r 69 N R 'O O R U T U 7 N a s 0 N O a f.. 4 d > ea W £ CD Y � L V% 3 Im H C CD °oa N EXHIBIT B La 3 O U d O Fo- S Ca y > N �1 > O O O O U = � O O O O O N U C 0 >F > i U. C7 C7 C7 o U a° x m m > 0 O •y c y 0 N O 0 = U > 0 o _ t� °' c 0 1O > t0 > p U 0 S« c 0 Ev � p 3 o a—=i o v >F E V 0 0 00 0 O V U 0 0 0 00 00 0 F v > X E O U 'Q — > O ' 0 U U X = OU O 0 C E 00 = w m 0 3 - y '� •_ 3 g W E c N > 04 's = h Q d 0 o 0 > E Y W c 3 o 0 o M c o 0 o c x •_ O O U p C4 O O C p N C O O y 00 C M F 'p 6 0 v E > 3 N > N 0 d y o` IN = O N W O E > y ` eh N 00 l� O O ri M �G Y O 0 C 0 O 0 c = 2.0 C= 0 C H a `o'° 0 o o'> 0= = E d o cce 0 A a p° o E e E 3 J� E = E> 3 3' �a 'y 0 0 U= c U o .. ` o z f 0> v j w 0 u x O p 0 F d o 0 F' M w !E e+ N L L p c U .- O x O 0'. R O x 0 v� 96 k V w F 69 69 Qq , y t tw 0 0 00 °o a � y o N C— 0 r E r r '° 00 O N Op V y O lO <j O •Mi O O M U O U M U M fj N Y O /O 'Cl N t N N y O v OC CL CL 4 0 n C. o = o r- .L O N N M N N NO M r N ¢ 00 Vl N V7 N rn 7r CO Qn 64 A O N N O t 0 0 �a � o '�• 0 O � L y c F. N V O O r } 0 E c c r = N T S p 0 3 y U 0 c c y °23 U c cn Q o °o- a° c E ¢ y i ° o o 3 aY c 0 0 0 v °> 7c: °' E °> o x¢ c 3 > x¢ � U Q ¢ m= F EXHIBIT B La O U d O S Ca y > N �1 > U U = � O N U C >F > o > 0 O •y c y O 0 = U > 0 o _ °' c 0 1O > t0 > p U S« c 0 � p 3 >F E 0 E F v > E O U 'Q — > O ' 0 U U = OU O 0 C E 00 = = 3 - y '� •_ 3 g W E N > 04 's = h Q d 0 o > E Y W c 3 o 0 o M c o 0 o c •_ y U p C4 ` _ 00 C p C y = C M E 'p 6 0 v E > 3 N > N 0 d y o` O to > y ` 2 O Y O 0 C 0 O 0 c = 2.0 C= 0 C H a `o'° 0 o o'> 0= = E d o cce 0 A a p° o E e E 3 E = E> 3 3' y 'y 0 0 U= c U o .. ` o z f 0> v j w 0 u x O p 0 F p 0 F o 0 F' M w !E e+ N L L p c U .- O x O 0'. R O x 0 v� 96 k V w F Town of Avon Community Requests Funding Summary EXHIBIT C 2009 2010 Funds Funds Group Program Description Awarded Budgeted General Fund Community Relations Marketing Vail Valley Foundation Airplanners, Inc. Discretionary Fundina Requests Gore Range Natural Science School 2010 Birds of Prey World Cup Week (133 64903) 56,000 40,000 Regional Air Service Program Pledge ($10,000) & Opbrations Support 12,000 12,000 ($2,000) (133 64903) Avon in School Program, in its fourth year, provides every student at Avon 10,000 6,000 Elementary hands -on natural science learning while facilitating English language acquisition. (requested $10,000) (133 64903) 7/8/2010 Memo To: Thru: Approved by: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Sally Vecchio, Asst Town Manager, Com Dev Jared Barnes, Planner I July 8, 2010 Outdoor Lighting Ordinance Compliance Initials 1s � Summary: At its February 9, 2010 meeting, the Town Council directed the Community Development Department to evaluate the effectiveness of the Outdoor Lighting Ordinance which was adopted in 2004. Staff has completed its inspections, including properties in Wildridge and north of 1 -70 and has determined that approximately 25% of the properties located along Nottingham Rd, Metcalf Rd. and within the Wildridge subdivision are not yet in compliance with the new lighting regulations, while 40% of the properties in the town core are not yet in compliance with the regulations. Background: In 2004, the Town Council adopted the Outdoor exterior lighting installed after the effective date to existing lighting installed before the effective dat( conformance within five years from the date of 15.30.030). Lighting Ordinance, which requires all conform to the new standards, and all of the Ordinance to be brought into adoption or by Nov. 17, 2009 (AMC The Ordinance also requires annual baseline monitoring of the effectiveness of the regulations with findings presented to the Planning & Zoning Commission every 5 years following the codification of the regulations (AMC 15.30.010(c)). Discussion: Staff has completed its compliance assessment and has determined the following compliance by area: • Wildridge has 86 non - compliant properties or 25% of the total lots. • The Nottingham Rd /Metcalf Rd area has 13 non - compliant properties or 30% non- compliance. • The Town Core and W. Beaver Creek Blvd area have 33 non - compliant properties or 40% non compliance. • Eaglebend contains 13 non - compliant properties or 25% of the total lots. Many non - compliant properties simply need to install a new globe, replace bulbs, or angle flood lights to come into compliance. Others will need to replace glass panes or entire light fixtures to become compliant with the ordinance. Staff will begin enforcement procedures with a certified letter sent to each non - compliant property -owner advising them of the regulations along with the attached the Town of Avon Lighting Ordinance User's Guide. Town Manager Comments: �'06 "oe Gttiw .G2Z �� • page 2 r C O L O R A D O Town of Avon bighting Ordinance User's Guide In November of 2004, the Town of Avon passed a Lighting Ordinance (Ordinance #04 -19) that applies to all residential and commercial exterior lighting within the Town. The goal of the ordinance is to reduce light pollution and glare experienced from poorly designed and installed light fixtures while promoting adequate light for safety and security. The ordinance features a five -year horizon date that requires all existing non - conforming outdoor light fixtures to comply with the ordinance by November of 2009. In some cases, this may require the replacement of existing fixtures that do not comply with the ordinance. The purpose of this guide is to provide the residents and business owners of Avon a variety of illustrative examples of compliant and non - compliant light fixtures. The following light fixtures are considered "full- cutoff' and compliant with Avon's Lighting Ordinance. Wall recesses Sconce i Glare Buster patent design cutoff Full Cutoff Shaped sconce Compliant "Full Cutoff' fixtures (cont'd) Completely downcast canister Industrial styled residential full cutoff Fixtures that have a maximum output of 1,000 lumens (equal to one [60] watt incandescent light), may be partially shielded provided the bulb is not visible, and the luminaire has an opaque top or is under an opaque structure utilizing frosted, opalescent, or iridescent glass. The following light fixtures are "partially shielded" and would comply with the Ordinance only with a bulb output of less than 1,000 lumens. Iq i 1 -- 1 Wall mounted, frosted glass Shielded on top with frosted glass Acceptable partially shielded fixtures (cont'd) 4` H r j Partially shielded with opalescent glass Wall mounted with frosted glass I ■ top Wall mounted with textured glass chialrlwd with rnlnr glass The following examples are compliant with the Ordinance and may be used for commercial, security or parking lot lighting. a k.� i Full cutoff parking light _ � N u;. Full cutoff commercial fixture Compliant `Wall pack" design fixture MIM I r I ' i Full cutoff `wall pack" with more side spread Fully recessed canopy fixture Floodlights With external shielding, floodlights are permitted in Town provided that no light is directed above a twenty -five (25) degree angle and only if the fixture does not cause glare or light to shine on adjacent properties or public rights -of -way. (See Figure 2) s I Figure ? f 1� t 25` Compliant floodlight angle Wall mounted floodlight with acceptable angle The following light fixture examples DO NOT comply with the Town Lighting Ordinance: i i ,rP I Y•P PST P� i` ,t �• K-9681 SK Globe style NOT `partially shielded" Hanging fixture with clear glass f i I M. I Visible bulb and clear glass Improperly aimed high output flood light ! 1 1 Clear glass with exposed bulbs 'Wall pack" design with visible bulb Sr � O M am•f I, No up lighting is permitted (except for flag lighting) lnproperly aimed floodlight Prior to the retrofitting of any current non - compliant light fixtures, it is highly recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible. i This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. It is simply a guide to illustrate that there are a number of styles of lighting that are compliant with Avon's Lighting Ordinance. Sources include: www.darksky.org / fixtures /res.html, www.homedepot.com, www.seaguillighting.com, www. kichler.com /kichlercatalog.jsp, www.regentlighting.com Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Ass't Town Manager/ Community Development Date: July 7, 2010 Re: Land Development Code - Improvements to the Development Review Process Summary: One of the Town's primary objectives of the zoning code re -write project was to improve the development review process by improving the content and timing of information required for development submittals. Accordingly, the consultants (Clarion & Associates) recommended several changes to the current review procedures that would address the issues indentified during their initial analysis of the current code. The purpose of this memorandum is to update the Council on the current efforts underway to improve the Town's development review process. Background: The Unified Land Use Code Diagnosis and Annotated Outline (Diagnosis), prepared by Clarion & Associates, contains an analysis of the Town's current subdivision and zoning regulations and a framework for a new unified code. Based on interviews with local builders, developers, Town staff, Town Council, PZC and other stakeholders, the following issues were identified in the Diagnosis with respect to the content and timing of information required for development application submittals'. 1) Content, Form and Evaluation of Development Submittals a) The current code lacks clear provisions to require application materials (e.g. soils or traffic studies) even though the studies are important information for town review of the proposal. b) The application submittal requirements are too vague with no administrative authority to request specific materials or to refuse applications that are technically incomplete. c) Little guidance is given to applicants about: i. The form and content of studies to be submitted; ii. How the information in the studies will be evaluated; and iii. What further requirements may be triggered based on findings. 1 Unified Land Use Code Diagnosis and Annotated Outline. Clarion & Associates. Theme 2: Improve The Content and Timing of Information Required for Development Submittals, pgs13 -16 (2009). 2) Timing of Submittal Requirements a) Clarify what information the applicant must provide and what stage in the review process. b) Staff needs the ability to require additional information in a form that can be easily evaluated. c) Developers want more certainty early in the process before committing time and money to studies of undesirable concepts. d) PZC and TC want the ability to ask for more studies and information as issues arise during the review process. e) Stakeholders agree that the Town's requests for studies are consistent with norms of other Eagle County jurisdictions; the issue is the timing of the request. The Diagnosis included the following recommendations to address these issues: a) Outline requirements for a complete application and early review process. b) Include the following information for every report, study or draft agreement required: i. Detailed information about the contents, methodology and if approved, the proposed mitigation strategies of the study. ii. Provisions rquiring consistency with formatting guidelines. iii. Identification of information that can be reserved for later phases of the project; and iv. Evaluation criteria for staff and town officials. 1. Specify triggers for additional information. 2. Draft clear standards for review and approval. Discussion: In support of the changes recommended in the Diagnosis, and to help ensure further improvements are made in the management and delivery of Development Review Services, the following changes are being implemented now or will be implemented following the adoption of the new Avon Development Code: Clear Standards for Review and Approval The most obvious difference between the current regulations and the proposed Code is that it has been completely reorganized. Chapter 7.16 of the proposed new Code consolidates the various land use and subdivision applications, review processes and review criteria; providing consistency in the operational steps in the review process. Mandatory Pre. Application Meeting This review was previously voluntary for all land use applications. The purpose of the mandatory meeting is to assist the applicant in understanding the regulations, process and submittal requirement for a development application, early in the process. Collaboration New submittals are reviewed by an internal Development Review Committee which includes Town Engineering, Public Works, Building, Planning and the Fire District. Departments work together to evaluate options and consider solutions. Written comments provide direction to the applicant early in the process. Early collaborative review ensures that all departmental issues are adequately addressed. Development Review Counter. Located in Community Development and managed by the Planning Department, applicants will submit applications for all construction related reviews and permits. Staff will manage all routing and referrals to ensure coordination and continuity with other town departments and outside agencies. A central application intake counter will improve customer service by providing a single source for tracking application reviews, submittals and fees. Coordination with Other Permits Prior to the issuance of a Building Permit, the Building Official must refer the application out to Engineering, Planning and Public Works to ensure that conditions of building have been met, including ROW permits. A building permit will not be issued until all relevant departments and agencies are satisfied that conditions of building have been adequately addressed. New Applications Application forms for all development review and subdivisions processes, as described in the proposed Code are being updated and submittal requirements clarified. Development Handbook Staff is preparing a development handbook that will be used with the new Code to help guide an applicant through each development review process. Flow charts, submittal checklists and review criteria will be included to assist applicants in submitting a complete application. Conclusions: Staff believes that these straightforward and fairly simple changes in the application requirements and internal review procedures will yield major benefits by allowing all parties to engage in a process that is transparent and collaborative. Town Manager Comments: 3