TC Res. No. 2008-28 Resolution approving and accepting the confluence metropolitan district improvement installed and constructed in accordance with the subdivision improvements agreement for the Riverfrint subdivision and establishing warranty period forTOWN OF AVON, COLORADO
RESOLUTION NO. 08-28
Series of 2008
A RESOLUTION APPROVING AND ACCEPTING THE CONFLUENCE
METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN
ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE
RIVERFRONT SUBDIVISION AND ESTABLISHING WARRANTY PERIOD FOR
DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated May 23, 2006, with Confluence Metropolitan District in connection with the
approval of the Final Plat for The Riverfront Subdivision, Town of Avon, Eagle County, Colorado;
and
WHEREAS, said Agreement established certain public improvements to be constructed by
Confluence District (District Improvements) in conjunction with said subdivision; and .
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said District Improvements were substantially complete as of July 8, 2008; and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of July 8; 2008.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The District Improvements required to be constructed in conjunction with The,
Riverfront Subdivision were substantially complete as of July 8, 2008,. in accordance with
the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated two-year
warranty period for said improvements shall extend to July 8, 2010.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item.
3. Effective July 8, 2008, the collateral may be released and warranty work on
District's Improvements'may be secured by a Letter of Credit from the Confluence
Metropolitan District, for the Town's benefit, in the amount of $ 309,494 in accordance
with the Subdivision Improvements Agreement.
Resolution No. 08-28 CMD Improvements
Page I of 2
a~
ADOPTED THIS ..DAY OF 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
OF A
i
*SEAL
Ronald C. Wolfe, Mayor
ATTEST:
atty cKe ,
Town lerk
Resolution No. 08-28 CMD Improvements
Page. 2 of 2
i
• Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E. Town Engineer 64--
Jeffrey Schneider, P.E. Project Engineer
Date: June 30, 2008
Re: Resolution 08-28, Series of 2008, A Resolution Approving and Accepting the
Confluence Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for the Riverfront
Subdivision and Establishing the Warranty Period for the Public Improvements
Summary: Resolution 08-28, Series of 2008, is a resolution approving and accepting the
Confluence Metropolitan District Improvements associated with the Riverfront Subdivision, and is
attached as Item 1. Confluence Metropolitan District has submitted all required documentation for
approval and acceptance of the District Improvements required by the Subdivision Improvements
Agreement (SIA), attached Item 2, for Riverfront Subdivision. These improvements consist of all
streets, roads, walkways, drainage facilities and utilities required to access and serve the
Subdivision. Most of these Improvements have been substantially complete and functioning since
November, 2007, but the road was not accepted because of the need to conduct construction
staging in the Riverfront Lane Right-of-Way. Since that time the few remaining items have been
completed and the required documentation has been submitted. All required submittals and
documentation were completed July 8, 2008, which is recommended as the date for acceptance and
• initiation of the Warranty Period.
Previous Council Action: Town Council approved Resolution 06-25 on May 23, 2006, approving
the Final Plat, Subdivision Improvements Agreement and related documents for Riverfront
Subdivision, Town of Avon, Eagle County, Colorado.
Background: Resolution No. 08-28, Series of 2008, attached as Exhibit A, approves and accepts
the District Improvements and establishes the warranty period in conformance with the SIA. The
warranty period is currently secured by District Funds in the amount of five percent (5%) of the total
cost of the subdivision improvements, or $303,494, reserved in a bond security account. All
disbursements from the bond security account are subject to approval by the Town, therefore the
Town can assure that the minimum account balance is maintained throughout the stipulated two-
year warranty period.
We recommend approval of Resolution No. 08-28, Series of 2008, A Resolution Approving and
Accepting the Confluence Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and
Establishing the Warranty Period for the Public Improvements.
Discussion: The Riverfront Subdivision SIA between Confluence Metropolitan District and the
Town of Avon provides for construction of the public improvements required to serve the proposed
subdivision. The improvements generally included all streets & roads, storm drainage and utilities
(water & sewer) as listed in Exhibit A to the SIA and Cost Estimates in Exhibit B to the SIA.
0 Page
y~
Construction change orders raised the actual construction cost to $6,189,881 from the $5,394,280
amount shown in the SIA. •
Documentation verifying satisfactory completion of the improvements is attached:
Exhibit C - Alpine Engineering, Inc.
Engineer's Opinion of Project Conformity
Exhibit D - Hepworth-Pawlak Geotechnical
Letter Verifying - Compliance of Materials, Riverfront Subdivision, Avon, Colorado
Exhibit E - Excel Energy
Letter verifying completion and acceptance of High Pressure Gas Line
serving the Riverfront Subdivision project
Exhibit F - Holy Cross Energy
Letter verifying that all conduit and vaults required for primary electric
services have been installed and accepted
Exhibit G - Eagle River Water & Sanitation District - Water Main
Letter verifying water main installation has passed all required construction
inspections of the acceptance procedure
Exhibit H - Eagle River Water & Sanitation District - Sewer Main
Letter verifying sewer main installation has passed all required construction
inspections of the acceptance procedure
Since the Confluence Metropolitan District has satisfied the requirements set forth in the SIA, staff
recommends approval of Resolution No. 08-28, Series of 2008, A Resolution Approving and
Accepting the Confluence Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and •
Establishing the Warranty Period for the Public Improvements.
Financial Implications: No financial implications to the Town of Avon.
Recommendation: Approve Resolution No. 08-28, Series of 2008, A Resolution Approving and
Accepting the Confluence Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and
Establishing the Warranty Period for the Public Improvements.
Proposed Motion: I move to approve Resolution No. 08-28, Series of 2008, A Resolution Approving
and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and
Establishing the Warranty Period for the Public Improvements.
Town Manager
•
• Page 2
A-
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•
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Exhibft
Exhibit A - Resolution No. 08-28, Series of 2008
Exhibit B - Subdivision Improvements Agreement
Exhibit C - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity
Exhibit D - Hepworth-Pawlak Geotechnical - Letter Verifying Compliance of
Materials
Exhibit E - Excel Energy - Letter Verifying Completion & Acceptance of High
Pressure Gas Line
Exhibit F - Holy Cross Energy - Letter Verifying Completion & Acceptance of
Primary Electric Service Conduits & Vaults
Exhibit G - Eagle River Water & Sanitation District - Letter Verifying Water Main
Construction Inspections Acceptance
Exhibit H - Eagle River Water & Sanitation District - Letter Verifying Sewer Main
Construction Inspections Acceptance
• Page 3
13
EXHIBIT A~
TOWN OF AVON
RESOLUTION NO 08-28
Series of 2008
A RESOLUTION APPROVING AND'ACCEPTING THE CONFLUENCE
METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN
ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE
RIVERFRONT SUBDIVISION AND. ESTABLISHING WARRANTY PERIOD FOR
DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated May 23, 2006, with Confluence Metropolitan District in connection with the
approval of theTinal'Plat for The Riverfront Subdivision, Town of Avon, Eagle County, Colorado;
and
WHEREAS, said Agreement established certain public improvements to be constructed by
Confluence District (District Improvements) in conjunction with said subdivision; and
r~
U
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of the collateral upon completion and the stipulated warranty period; and •
WHEREAS, said District Improvements were substantially complete as of July 8, 2008; and
WHEREAS; all required documentation for approval and acceptance of the improvements has
been submitted as of July 8, 2008.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The District Improvements required to be constructed in conjunction with The
Riverfront Subdivision were substantially complete as of July 8, 2008, in accordance with
the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated two-year
warranty period for said improvements shall extend to July 8, 2010.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item.
•
JARiverfront Sub-d\2.8 Construction\2.9 Completeion\2.9.1 Correspondence\Resolution Completion.Doc
• 3. Effective July 8, 2008, the collateral may be released and warranty work on
District's Improvements may be secured by a Letter of Credit from the Confluence
Metropolitan District, for the Town's benefit, in the amount of $ 309,494 in accordance
with the Subdivision Improvements Agreement.
ADOPTED THIS DAY OF , 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
•
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny,
Town Clerk
J:\Riverfront Subd\2.8 Construction\2.9 Completeion\2.9.1 Correspondence\Resolution Completion.Doc
6
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RIVERFRONT SUBli1V1S1UN EXHl~6
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THIS AGREEMENT, made and entered into this ;-day of , 2006, is
by and among Confluence Metropolitan District; a Colorado quasi-munici " orporation
and political subdivision of the State of Colorado (the "District"), and the Town of Avon,
a Colorado municipality, by and through its Council (the "Town").
RECITALS .
WHEREAS, the District, in connection with the approval of the final plat for the .
Riverfront Subdivision; consisting of 18.893 acres in the Town of Avon, Eagle County,
Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements
Agreement ("Agreement") with the Town as provided for by Section 16.24.100 of the
Avon Municipal Code, as amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ("Improvements'.") as depicted
on the plans approved by the Town for the Subdivision dated m" :,~D; ?cam
("Approved Plans') and as identified in Exhibit A attached hereto and incorporated
herein by reference, together with minor changes approved by the Town Engineer; and
WHEREAS, the District is responsible for the completion of the Improvements;
provided, nothing herein shall be construed as relieving the obligations of the Owner (as
defined therein) pursuant to the Amended and Restated Development Agreement dated
March 14, 2006.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all other
conditions of approval, and subject. to the terms and conditions of this Agreement, the
Final, Plat of Riverfront Subdivision ("Subdivision");,shall be promptly filed for recording
with the Office of the Eagle County Clerk and Recorder.
2. . Completion of Work.
E
(a) Performance. The District agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
Improvements and work incidental thereto ("the Work's as depicted on the Approved
Plans. - The District further agrees that it will be responsible for all costs of the .
Improvements as itemized on Exhibit B attached hereto and incorporated herein. All said •
Work shall be performed in accordance with the Approved Plans. The District agrees to
SIA-Riverfront-4 27 cin ]
commence construction of Improvements prior to the issuance of a building permit for
r any improvements -in the Subdivision and to complete.,-the .:Improvements prior to the
issuance of a Certificate of Occupancy for any building on any lot in the Subdivision
served by the Improvements. Commencement of construction of.Improvements shall be
deemed to mean the,.award ..and execution. of contracts for the -construction . of the
Improvements as depicted on the Approved Plans
(b) Inspection Procedures.
(1) . All work shall be done under the 'inspection procedures and
standards established by the, Town and Holy Cross Energy, Eagle River Water and
Sanitation District, .Excel.Energy, Qwest Communications, Comcast or any other utility
("Utilities'-'.), as_applicable and shall be subject to the reasonable satisfaction of the Town
and applicable Utilities. All work shall not be deemed complete until the reasonable .
approval and acceptance of the Improvements by the Town and/or the Utilities. Such
inspections by the.-Town and Utilities shall not relievethe District or its agents from any
responsibility. or obligation to assure that all Work is completed in conformance with all
standards, :plans and-specifications, as submitted to and previously approved bythe.Town
and Utilities. The Town will forward.copies of observation. reports to the Districtand the
District's engineers (who-shall be registered in the State of . Colorado) responsible for -
providing the opinion required by Section 6 hereof.
.(2) Designation of Inspectors. Prior to commencement of
construction work on. the Improvements, the Town will designate the individuals and/or
independent third parties employed by, -the Town who are authonzed. to inspect the
construction of the; Improvements. Such inspections by the Town• shall not relieve the
.District or its agents from any responsibility or obligation to assure that all work, is.
completed in conformance with standards, plans and specifications as submitted to and
previously approved by the Town.
(3) - Cost.of Inspections. The cost of such inspections; by Town
employees or, an independent third party inspector, shall be paid by the District, subject to
the limitations. set forth in paragraph 7 below.
(4) Notice of Non-Complian ce: In. the event. that the Town
through its inspectors reasonably determines. that the:Improvements are riot in compliance:
with the Approved Plans, or that additional observation or testing by the project engineer
is necessary to assure compliance, it shall give written notice of such non-compliance; or
additional observation, or testing requests, to the District's engineers and the District
("Notice of Non-Compliance"). The Notice of Non-Compliance shall include a, narrative
describing the unsatisfactory. construction work with specific. reference to the applicable
construction plans and • specifications.. The Notice of. Non-Compliance must be provided
to the District's engineers and. the District within two (2) working days of the date of the - .
observation. The. notice may be provided in an informal manner agreed upon. by the
parties and without compliance with Section 15 hereof...
SIA-Rive ftnt-4 27 do , ,.,2
3. Security for Completion of Improvements and Obligations. To secure •
completion of the Improvements and the District's obligations to the Town hereunder, -the
District hereby- agrees to secure the respective obligations under this Agreement, as
provided in this Agreement and in accordance with Section 16.24. 100 of the Code.
4. District Obligations Concerning Improvements.
(a) Funding Resolution. The District has adopted a resolution (the
"Funding Resolution") -attached hereto as Exhibit C authorizing the District's execution
of this Agreement and providing for the appropriation, segregation and use of funds in an
amount sufficient to guarantee the construction of the Improvements as sOt-forth on the
Approved Plans. The estimated costs of completion of the Improvements are. set forth on
Exhibit B.
The Town acknowledges and agrees that funding for the Improvements is subject
to the issuance of.bonds by-the District for such purposes. In accordance with the terms
of the -Indenture, of Trust by which the bonds will be issued, the Bond Trustee will serve
as custodian of the bond proceeds to ensure than such proceeds are. applied for the
purposes of funding the Improvements. The procedure by which funds are released
involves the filing of 'Draw Requests" together with related invoices . with the Bond
Trustee. The Indenture of Trust shall contain provisions authorizing the Town to submit
Draw Requests to;-the Bond Trustee, in order to effectuate the Town's remedies to draw
funds for constructing the Improvements, in the event of a default -by the. District •
hereunder. The Town agrees to use the proceeds of the District's-bonds only for the
purpose of paying the costs of the Improvements, -and not to apply such funds for
purposes not authorized in the Indenture of Trust.
The Funding Resolution specifically provides that, subject to the terms of the
Indenture of Trust, all funds referenced therein are unencumbered and free from claims of
others such. that,-if. necessary, any requests -for payment approved by the Town may be
promptly honored. Asa condition to recordation of the Final Plat, the District shall
provide the Town Engineer with evidence that such funds have been appropriated and.
segregated in a separate interest bearing account (the "Security Account") and identified
for use in connection with this Agreement. The District shall renew the Funding
Resolution at the beginning of each subsequent calendar year-until all Improvements have
received final acceptance or until the District provides substitute collateral acceptable to
the Town.
(b) Progress 'Payments on Improvements. The District may make
progress -payments to its contractors from the Security Account on a monthly basis -'upori
the partial completion of itemized Improvements and upon fifteen (I5) days',prior. written
notice, which notice will, include an itemized statement of the .monthly payment, to the
Town. The District shall retain ten percent (10%) of the amount of each payment until :
final completion and acceptance of all work covered by each construction contract; •
SIA-Riverfront-4 27 On 3
g
provided, however,: when the, value of work completed, has progressed. to ,f fty percent
(50%) of the contract amount, the District shall not be required to withhold additional
retainage for the remainder of the work under such contract. The ten percent (10%)
retainage of the value of the work completed maybe reinstated if in the Town's opinion
the lack of progress or other substantial reasons exist. Subject to the foregoing;. in no
event shall any progress payment cause the remaining sum to be available in the Security
Account for subsequent disbursements to be less than one hundred ten percent (-110%) of
the costs to complete all remaining Improvements as estimated at the. time of each
progress payment., Upon completion of all work related to the Improvements, the Town's
acceptance of the Improvements and the expiration. of the Warranty Period as set forth in
paragraph 5 below the Town shall release any further interest in the Security Account.
(c) Default by District. In the event of a default in whole or in part by
the. District, the Town shall be authorized to access the funds in the Security Account for
the purpose of undertaking completion or remediation work on the Improvements after
providing thirty,. (30) days' advance written notice of default and providing a opportunity
during such period.for the District to cure the default. The Town shall'be entitled to draw
on,.the Security-:Account by Resolution of the Town Council, stating (i) that-the District is
in default, and (ii) the funds are required in order to complete or correct,. work on the
4nprovementsl. District funds identified in the Funding, Resolution shall be held,
-whether by the District or the Town, in compliance with the requirements,of C.R.S.
Section 29-1-803(1) for the purpose of providing for the completion of the Improvements.
• 5.. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of two (2) years after acceptance of all the
work by the Town. In the event of any such defect,. the Town may require the' District to
correct* the defect in material or workmanship. Five percent (5%) of the total actual cost
of completion of all Improvements shall be retained in the Security Account, or such
amount shall otherwise be secured by a letter of creditor other collateral acceptable:to the
Town during such two (2) year period as a guaranty of performance of any work required
pursuant to.the above described warranty. In the event any corrective work is!performed
during the two-year warranty period, then the warranty on said corrected work shall be
extended for one (1) year from the date on which it is completed. and an amount equal to
1.25% of the cost of any.corrected work, as estimated by the Town, shall during such one-
year extension period be retained in the Security Account, or-such amount shall otherwise
be. secured by a letter of credit or other collateral acceptable -to the Town, if, sufficient
funds are not held in the Security Account or otherwise secured as provided in this
paragraph 4 above. , .
6. Engineering Opinion. Upon completion of portions of the Improvements,
the District will cause its engineers (who shall have been actively engaged in observing
the- construction of the. Improvements and be -registered in the State of Colorado) to
provide- a written opinion, in a form satisfactory to the Town Engineer; that based upon
on-site observation; review of sufficient construction-observation reports, field test
SIA-Riverfront-4 27 cln
01
reports and material test reports and certifications by qualified personnel, the installation
of the Improvements, `or portions thereof as may be, completed from time to, time, have
been completed, to the best of their knowledge and professional judgment,, in substantial
conformance with all standards, plans and specifications as submitted to and previously
approved by the Town, or the pertinent `utility supplier, as depicted on the Approved
Plans, as such Approved Plans may be revised and subsequently approved. The
engineer's opinion shall also include'a statement that'the opinion is based on a reasonable
review and investigation of all observation reports by' the Town inspectors and that all
issues of ,"Non-Compliance" and additional observation and testing requests that have
been provided to the engineer were addressed-to their satisfaction" pridi'to issuance of
engineer's opinion. Inspection reports, test, results, as-constructed 'plans and - other
supporting documentation shall be submitted with the engineer's opinion.
7. Subdivision and ' Inspection Fees. Fees - in accordance with the Town's
Subdivision' Regulations for the review of Preliminary -'Plans and Final Plats have, been
paid in.full. Additional. fees shall be paid to the Town' by-the District within thirty (30)
days after delivery of written invoice for such-fees to cover the cost of inspections by the
Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event' will,,the' -total amount of such additional fees exceed five percent (5%) of
construction costs.
8. No Obligation of Town to Complete Improvements. The District agrees •
that in the event the District shall fail to perform its 'obligations as set forth herein, the
Town shall be "under no obligation to complete any of the said Improvements or to issue
permits for development within the Subdivision.
9. Non-Liability of Town: Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident; loss or
damage related to the Work specified 'in this Agreement, nor.shall the Town, ,nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said Work. To the extent permitted by law, the District hereby agrees to
indemnify and hold harmless the Town, and any of its officers; agents - and employees
against any losses,' claiins, damages or liabilities to-which the Town' or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts' or
omissions in the performance of the obligations of the District, 'as hereinbefore stated. .
Furthermore, the District shall reimburse the Town for any and all legal or other expenses
reasonably incurred by the Town in connection with investigating or defending any such
loss or claim.
10. Rights of Town in Event of Default. In the event that the District defaults
in whole or in part in the performance of this Agreement, and after'the -expiration of thirty
(30) days after having given written notice to the District of such default; during which
period of time the District fails to correct said default, the Town may, at its sole
SIA-Rimfront4 27 cin 5
\0
discretion, exercise its rights under Section 4(c) above and proceed with the construction
• or completion of the Improvements specified on the. Approved Plans. All such costs paid
by the Town for such Improvements, together with an administrative fee in the amount of
fifteen, percent. (15%) of total direct-costs including cost of personnel, equipment and
other amounts expended by the Town in furtherance of the. construction.responsibilities of
the District, shall be paid by the Districtz. The Town may bring a mandatory injunction
action against the District to require installation and construction of the Improvements. If
any such action is brought by the Town and the Town-prevails in its..legal action against
the District, the Town shall be awarded its court costs; attorneys' fees and an. amount to
compensate the Town for the time of its employees in the preparation of and participation
in such action.
11. Town Acceptance of Improvements.
(a) . Procedures for Acceptance. Upon completion of all construction by the
District, the District's engineers shall submit a written.; request to . the Town. Engineer
stating that to the, , best of their knowledge the, installation of all Improvements are
completein accordance with the Approved Plans and requesting a joint inspection. Upon
receipt of, such. request the Town Engineer will schedule and perform a joint inspection
with the District's engineer. Following the joint inspection and review. ,of all field
observation reports, test reports, material certifications and other documentation, the
Town Engineer will prepare a written Final Acceptance Punch List.. The District shall
make all corrections as so itemized and upon completion of the Final Acceptance Punch
• List work, the District's engineer shall submit to the Town Engineer a written request for
a joint inspection and final acceptance. .Following, a,joint-inspection with the District's
engineer and review of supporting documentation the Town Engineer will issue a revised
written Final Acceptance Punch List to the District and.the same procedures as described
herein shall apply to such revised Final Acceptance Punch List. When the Town
Engineer finds the Final Acceptance Punch List Work ;has, been satisfactorily completed a
Resolution will be prepared for Town Council. action making a determination that the
Improvements 'are complete and establishing the start of. the warranty period. The
warranty period set forth in paragraph 5 above with respect to the Improvements shall
commence upon the date as set forth in the Town's Resolution-making the determination
that the Final Acceptance Punch List has been satisfactorily completed.
(b) Letter Certif3dng_ Completion and Final Acceptance of improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired and. provided that the District is not
in default under any of its other obligations to the Town, : the. Town agrees that it will
issue a letter, after consultation with the pertinent utility. supplier if necessary, in
recordable form, certifying that all obligations of the, District under this Agreement have
been satisfied.
•
S1A-Riverfront-4 27 cln
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12. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto. •
13. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
14. Venue. Venue for any litigation arising out of this Agreement shall be in
the District Court for Eagle County, Colorado.
15. Notices. All notices, demands or other communications required or
permitted to be given hereunder shall be in writing and any and all such items shall be
deemed to have been duly delivered upon personal delivery; or as of the third business
day after mailing by United States mail, certified, return receipt requested, postage
prepaid, to the address set forth below; or as of 12:00 noon on the immediately following
business day after deposit with Federal Express or a similar overnight courier service, to
the address set forth below; or as of the third business hour (a business hour being one of
the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after
transmitting by facsimile to the number set forth below and evidenced by an electronic
delivery receipt:
If to the District:
White Bear and Ankele Professional Corporation •
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Jr., Esq.
District Counsel
Telephone: (303) 858-1800
Facsimile: (303) 858-1801
with a copy to:
Wear, Travers & Perkins, P.C.
1000 South Frontage Road West
Suite 200
Vail, Colorado 81657
Attn: Richard D. Travers, Esq.
Telephone: (970) 476-7646
Facsimile: (970) 476-7118
is
S1A-Riverfront-4 27 On
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If to the Town:
•
0
A
Town of Avon
P.O. Box 975
Avon, CO - 81620
Attn: John W. Dunn, Town Attorney
Telephone: (970) 748-6400:-
Facsimile: (970)'748-8881
The parties hereto have executed this Agreement as of the date first above written.
GF
los
TOWN OF AVON, a Colorado Municipal
{ Corporation
-zi By:
:c nny, o Ronald C. Wolfe,-Mayor
APP V AS TO FORM:
John . Dunn, Town Attorney
DISTRICT:
CONFLUENCE METROPOLITAN "
DISTRICT
Eagle County, Colorado
By:
Nam .
Ti M+ A -
SIA-Riverfront-4 27 cin 8
APPROVED PLANS:
Construction Drawings
Town of Avon, Colorado
_
220
'Sheets 1 through
Release Date: , 20
Prepared by:
Technical Specifications
Town of Avon, Colorado
_
920
Sheets 1 through -
7-Release Date:. , 20_
Prepared by: "
SIA-Riverfront-4 27 cln
EXHIBIT A
Subdivision Improvements Agreement
9
•
•
EXHIBIT A
Subdivision Improvements Agreement
APPROVED PLANS:
1. Riverfront Subdivision Construction Plans Road, Grading, Drainage, Water,
Sewer and Utility Plans Revision Date May 12, 2006, subject to resolution of all
comments in attached letter dated May 1, 2006 to East West Resorts Development XIV
LP LLLP from Norman Wood, P.E., Town Engineer, Town of Avon, Colorado.
As Prepared by: Alpine Engineering, Inc.
Technical Specifications:
Technical Specifications for Riverfront Subdivision
March 2006
Owner: East West Partners
P.O. Box 2770
Avon, CO 81620
Engineer: Alpine Engineering
P.O. Box 97
Edwards. CO 81632
2. The Riverfront Village Overall Landscape Master Plan Avon, Colorado Revision
Date March 24, 2006 (Progress Set - Not for Construction), subject to compliance with
all conditions in attached letter dated April 10, 2006 to East West Partners from Matt
Pielsticker; Planner I, Town of Avon, Colorado.
As Prepared by:
S1A-Riverfront4 27 cln
Terrasan Planning & Landscape Architecture
\6
RIVERFRONT SUBDIVISION ALPINE
BID TAB
ENGINEERING INC
March 28, 2006
B 8 B
vating
Item
Description
Unit
Quantity
Unit Price
Total
1
Mobilization
LS
1
$ 263,500.00
$ 263,500.00
2
Traffic Control
LS
1
$ 99,075.00
$ 99,075.00
3
Obstruction Removal
LS
1
$ . 190,000.00
$ 190,000.00
4
Clearing
LS
1
$ 35,000.00
$ 35,000.00
SobtaRal
S 58'7;5'7:00.'
ROADS
5
Topsoil Remove and Stockpile
CY
2,594
$ 5.10
$ 13,229.40
6
To it Re lace 6"
CY
2,038
$ _ 8.15
16,609.70
7
Excavation
CY
12,344
$ 4.70
$ 58,016.80
8
Embankment
CY
33,402
$ 4.50
$ 150,309.00
9
Borrow, Haul, and Embankment
CY
22,365
$ 4.12
$ 92,143.80
10
Export o Unsuitable Material
CY
4,200
$ 17.00
$ 71,400.00
11
Borrow, Hain and Embankment (for
replacing unsuitable material)
CY
4,200
$ 4.12
$ 17,304.00
12
Overezcavation of Man-placed Fill
CY
8,713
$ 4.00
$ 34,852.00
Embankment for Overexcavation of Man-
placed Fill
CY
10,020
$ 4.50
$ 45,090.00
14
MSE Walls using Modular Block
SF
1,770
$ 50.82
$ . 89,951.40
15
MSE Walls with Modular Block and
Veneer _
SF
1,282
$ 82.93
$ 106,316.26
16
Guardrail
LF
141
$ 186.00
$ 26,226.00
17
Jersey Barricade (CDOT Type 4
LF
130
$ 34.00
$ 4,420.00
18
Removable Bollards
EA
2
$ 605.00
$ 1,210.00
19
Concrete Curb and Gutter (Z5)
LF
3,711
$ 25.31
$ 93,925.41
20
6" Median Curb and.Gutter
LF
34
$ 4739'
$ 1,611.26
21
4" Mountable Median Curb and Gutter
LF
Ill
$ 32.48
$ 3,605.28
22,
4' Concrete Pan
LF
731
57.79
$ 42,244.49
23
Concrete. Sidewalk
SF
11,613-
$ 7.59
$ 88,142.67
24
Class 6 ABC for roads
TON
2,353
26.18
61;601.54
25
Class 6 ABC for connectin' paths)
TON
583
$ 25.50
$ '14,866.50
26
Class 6 ABC (Sales Center Parkin
TON
159
$ 26.25
$ . 4,173.75
27
Asphalt (for roads .
TON
1,687
$ 58.50.
_98,689.50 .
28
Asphalt (for connecting paths)
TON
189
$ 64.00
$ 12,096.00
29
Asphalt Overlay (path)
TON
341
$ 65.60
1 22,369.60.
30
Asphalt (Sales Center Parkin
TON
74
$ 64.00
$ 4,736.00 `
31
Widen Existing Path
LF
1,598
34.00
$ 54,332.00
32
ADA Ram
EA
26
$ 962.90
$ 25,035.40
33
Sto Bar Striping
EA
1
$ 397.00.
$ 397.00
34
Turn Arrows
EA
4
$ 350.00
1,400.00
35
4" Solid Line Striping
LF
3,486
$ 0.76
$ 2,649.36
36
6" Dashed Line Striping
LF
90
$ 1.20
$ 108.00
37
8".Dashed Line Striping.
LF
53
$ . 1.52
$ 80.56
38'
8"Solid Line Str' in
LF
225•
$ 1.52
$ 342.00
39
Parkin Area Striping
LS
1
2266
$ 2,266.00
40
Signs
EA
21
$ 345.00
$ 7,245.00
41
Paver Crosswalks
EA
6
$ 14,619.27
$ 87,715.62
42
Paver Transit Area
LS
1
$ 26,240.92
ENGINEERING
$ 26,240.92
U
0
1
•
•
•
B&B F~cpvatin
43
Pedestrian Rail
LF
223
$
133.00
$
29,659.00
44
Path Rail
LF
303
$
100.00
$
30,300.00
45
Concrete Wheel Stops
EA
7
$
90.00
$
630.00
Saltotal:.
$
1,443;54113
DRAINAGE
46
Sand Oil interceptor
EA
2
$
16,814.00
$
33,628.00
47
Manhole 4' Diameter
EA
10
$
1,455.00
$
14,550.00
48
Manhole 5' Diameter
EA
1
$
2,333.00
$
2,333.00
49
Manhole 6' Diameter
EA
1
$
7,750.00
$
7,750.00
50
Curb Inlet
EA
2
$
2,300.00
$
4,600.00
51
Inlet Type C
EA
2
$
2,565.00
$
5,130.00
52
Inlet Type D
EA
1
$
3,303.00
$
3,303.00
53
Inlet Type R-5 Foot
EA
11
$
6,740.00
$
74,140.00
54
Inlet Type R-10 Foot
EA
2
$
6,616.00
$
13,232.00
55
Inlet Type R-15 Foot
EA
1
$
6,550.00
$
6,550.00
56
18" RCP Class III)
LF
1,451
$
84.96
$
123,276.96
57
24" RCP Class 1 11)
631
$
99.68
$
62,898.08
58
48" RCP Class III)
LF
114
172.2
$
19 630.80
59
18" Concrete End Section
EA
1
$
408.00
$
816.00
60
24" Concrete End Section
EA
3
$
477.00
$
1,431.00
61
48" Concrete End Section
EA
1
$
1,750.00
$
1,750.00
62
4" PVC
LF
62
$
96.85
$
6,004.70
63
12" PVC
LF
18
$
80.76
$
1,453.68
64
Concrete Collar
EA
1
$
692.00
692.00
Subtotal
$
3$3;1..:22.
EROSION AND SEDIMENT CONTRO
L
65
Stabilized Construction Entrance
EA
1
$
3,330.00
$
3,330.00
66
Silt Fence
LF
1,525
$
4.34
$
10,958.50
67
Rip Rap (inlet/outlet protection) d50=12"
SY
18
$
75.00
$
1,350.00
68
Rip Rap (inlet/outlet protection) d50=24"
SY
75
$
129.00
$
9,675.00
69
Erosion Control Mat
SY
451
$
8.35
$
3,765.85
70
Sediment Trap
LS
1
$
8,500.00
$
8,500.00
Subtotal
3747935
WATER
71
12" DIP
LF
2,466
$
92.43
$
227,932.38
72
8" DIP .
LF
81
$
84.28
$
6,826.68
73
6" DIP
LF
96
$
67.18
$
6,449.28
74
4" DIP
LF
42
$
97.42
$
4,091.64
75
2" Type K Copper Water Service
LF
25
$
61.86
$
1,546.50
76
1 " Type K Co er Water Service
LF
20
37.9
$
758.00
77
24" Gate Valve
EA
4
20,735.00
$
82,940.00
78
12" Gate Valve
EA
11
$
2,096.00
$
23,056.00
.79
8" Gate Valve
EA
2
$
1,153.00
$
2,306.00
80
6" Gate Valve
EA
3
$
800.00
$
2,400.00
81
4" Gate Valve
EA
1
$
669.00
$
669.00
82
Air Release Vault
EA
3
$
7,381.00
$
22,143.00
83
Fire Hydrant assembly
EA
8
$
6,490.00
$
51,920.00
Subtotal
$
433,038.48
SEWER
84
30" DIP class 56
LF
321
515.5
$
165,475.50
85
10" Yelomine
LF
1,760
$
79.20
$
139,392.00
86
8" PVC Sevice
LF
126
$
59.05
$
13,345.30
87
6" Yelomine Service
LF
22
$
115.50
$
2,541.00
B & B Exgvatin
88
4" PVC Service
LF
67
$
62.00
$
4,154.00
89
Manhole 4' diameter
EA
11
$
1,852.00
$
20,372.00
9o
Manhole (5' diameter)
EA
3
$
2,492.00
$
7,476.00
91
Manhole 6' diameter
EA
4
$
4,012.00
$
16 048.00
92
Sewer Video
LF.
2,081
$
2.89
$
6,014.09
Subtp~l;
S
37017.89
SHALLOW UTILITIES
93
Trenching
LF
3,948
$
16.86
$
66,563.28
94
Trenching (Path Li han Conduit
LF
2,005
$
7.60
$
15,238.00
95
Electric Conduit 4" Primary (install)
LF
4,360
$
2.42
$
10,551.20
96
Electric Conduit 4" Secondary
LF
6,321
$
4.16
$
26,295.36
97
Telephone Conduit 4"
L:F
3,484
$
4.16
$
14,493.44
98
Fiber Optic Conduit 4"
LF
6,411
$
4.16
$
26,669.76
99
Cable Television Conduit 4"
LF
3,404
$
4.16
$
14,160.64
100
Spare Conduit 4"
LF
6,978
$
4.16
$
29,028.48
101
Transformer UMI-13S install
EA
3
753.32
$
2,259.96
102
Transformer UMI-11 S (install)
EA
7
$
753.32
$
5,273.24
103
Communication 4484-TCA Vault
EA
7
$
9,720.00
$
68,040.00
104
Electric UM35L Slice Vault install
EA
2
$
753.32
$
1,506.64
105
Fiber tic/Phone 38 -5106-TCA Vault
EA
2
$
14,800.00
$
29,600.00
106
Handhole
EA
11
$
2,100.00
$
25,200.00
107
Gas Trenching
LF
2,108
$
15.07
$
31,767.56
Subtotal.
$
366,647.56.
ELECTRICAL
108
City of Avon Light Fixture
EA
15
5343
$
133,575.00
109
Bike Path Low Level Bollard
EA
77
3191
$
245,707.00
110
Holiday Li tin Receptacles
EA
38
552
$
20,976.00
III
Electrical Service
EA
1
16312
$
16,312.00
112
Electrical Service to Future Signs
EA
2
2549
$
5,098.00
113
Electrical Branch Circuit Wiring
EA
1
93420
$
93,420.00
Subtotal
$
515;088.00
2-
•
is
0
SIA - Landscape Estimate.XLS
RIVERFRONT VILLAGE
• LANDSCAPE MASTER PLAN
Riverfront Dr ROW
Cost Estimate
Terrasan
3/30/2006
00
Imported Topsoil
1000 cy
$25.00
$25,000.00
IRRIGATION
$43,100.00
Planting Beds
16700 sf
$1.00
$16,700.00
Backflow/Controller
2Is
$3,000.00
$6,000.00
Sod
24000 sf
$0.85
$20,400.00
SOIL PREPARATION
Planting Beds/Sod 467.00 sf $0.50 $23,350.00
Fine Grading 46700 sf $0.05 $2,335.00
LAWNS & GRASSES $25,500.00
Reseed Disturbed Area 10,000 sf $0.25 $2,500.00
Sod 24,000 sf $0.75 $18,000.00
. Erosion Control 1 Is $5,000.00 $5,000.00
TREES, SHRUBS, VINES, GRD.COVERS,PERENNIALS
$229,936.00
Aspen 2 1/2"
20 ea
$250.00
$5,000.00
Aspen 3"
35 ea
$300.00
$10,500.00
Aspen 4"
29 ea
l
$450.00
$13,050.00
Spruce 18'-20'
7 ea
$3,000.00
$21,000.00
Spruce 16'
7 ea
$2,000.00
$14,000.00
Spruce 14'
20 ea
$1,400.00
$28,000.00
Spruce 12'
40 ea
$900.00
$36,000.00
Spruce 10'
69 ea
$750.00
$51,750.00
Deciduous Shrub 5gal
500 ea
$30.00
$15,000.00
B& B Evergreen Shrubs
0 ea
$250.00
$0.00
Peren./Grd.Cover 1 gal
1500 sf
$6.00
$9,000.00
Annuals
5000 ea
$1.75
$8,750.00
Mulch
16700 sf
$0.50
$8,350.00
Steel Edging
1192 If
$8.00
$9,536.00
TOTAL $349,221.00
0
Page 1
NO%
Post ice Box 975
400 Batchmark Road
Aeon. Colorado 816m
970-748-4000
970-949-9139 Fax
970-845-7708 77)'
May 1, 2006
East West Resorts Development XI.V LP LLLP
Atten: Andy Gunion
P.O. Drawer 2770
Avon, CO 81620
Re: Riverfront Subdivision - Final Plat (Construction Plans)
Road, Grading, Drainage, Water, Sewer and Utility Plans
Dear Mr. Gunion:
The following comments are in response to our review of the Construction Plans for
Riverfront Subdivision as received in this office on April 12, 2006.
Riverfront Subdivision - Construction Plans:
1. It should be noted that the Subdivision Variance and Preliminary Subdivision
Plan approvals included the condition, "The Variance from the minimum cul-de-sac •
right-of-way diameter requirements is subject to the submittal and approval of an
acceptable design conforming to minimum pavement diameter and guardrail installation
contained within the cul-de-sac right-of-way." The proposed "Wall Easement" does not
meet this requirement. Please submit revised plan per approval condition.
2. Please submit letters from all applicable utility companies verifying approval of
the Construction Plans as they relate to their proposed facilities. Typically this would
include copies of service agreements with Holy Cross Energy and Excel Energy along
with costs for installation or documentation that service charges have been paid.
3. Landscape Plans for public ways must be submitted with subdivision
improvement plans. It should also be noted that all retaining walls and landscaping in
public ways are subject to Town of Avon Planning and Zoning Commission (P & Z)
Design Review approval. Please submit appropriate retaining wall and landscape `
architectural plans for P & Z review.
4. Fire Hydrants along the north side of Riverfront Lane should be relocated to the
south side adjacent to the developable property.
5. Connecting Bikepath between Eagle River Path and Riverfront Lane should be
realigned at north end for more clearance from parking area and to obtain a more
perpendicular connection with the sidewalk.
I:lEngineering'.ConlluenceLSubdivision\FiiuallConstruction Plan Review-I.Doc I
/a
May 1, 2005
Re: Riverfront Subdivision - Final Plat (Construction Plans)
Road, Grading, Drainage, Water, Sewer and Utility Plans
6. Riverfront Lane pedestrian crossing between Town of Avon Transportation
Center and Pedestrian Plaza area must be consistent with P & Z approval and compatible
master plaza railroad crossing designs. Related comments from P & Z review Include:
a. Bollard alignment between Riverfront Lane and railroad to be curved to
match the auto lane curve on the western side of this intersection.
b. Concrete pan extending from Riverfront ROW to western edge of auto
lane shall be deleted. Concrete-shall be flush with material at this area.
C. Stamped or scored concrete to be utilized at crosswalk with no greater
than a 2' score to create a material difference of the crosswalk. The crosswalk
will be elevated at least 2 inches in 2 feet at the transition from both approaches.
d. Traffic calming devices such as a flower box shall be introduced in the
Riverfront ROW at the crosswalk. The approach to this pedestrian crosswalk
shall be designated as a 15 MPH speed limit at locations noted in this report.
We may truant to incorporate a streetscape light in to each end of *a raised median
through the pedestrian crossing. This could possibly be incorporated with flower
boxes or as alternative to flower boxes but either way will help address some of
the lighting concerns at this crossing.
7. Revegetation / Landscape Plans are not included with submittal. Please submit
Revegetation / Landscape Plans for all areas within public rights-ofway and areas
disturbed by construction of public improvements.
8. "Proposed Sales Center" improvements should be deleted from subdivision
improvement plans or at least noted that work is not part of public improvements and is
subject to additional permits and approvals.
9. It is noted that future building outlines as depicted on Construction Plans appear
to overlap drainage ways along connecting Bikepath and into existing Town of Avon
Drainage Easement and into existing Water and Sewer Easement. Also it appears future
building outline does not leave adequate space to maintain or reconstruct retaining wall at
cul-de-sac.
10. Southerly Avon Road crosswalk'should be located closer to end of extended
median to be compatible with vehicle storage lane and intersection with Hurd Lane.
11. Consider slight increase in grades on lower portion of new upper bike path to
reduce.8% grade and provide better connection to sidewalk at Avon Road.
12. Consider small drainage swale along upper edge of new upper bike path and small
culvert under existing path at connection point to existing path.
•
I: Engmedring•.C'onilucncckSubdivision',Final',Construction Plan Review-I.Uoc
Y
May 1, 2005 •
Re: Riverfront Subdivision - Final Plat (Construction Plans)
Road, Grading, Drainage, Water, Sewer and Utility Plans
13. There appears to be adequate space to relocate the shallow utilities vault shown as
located in the sidewalk at the southwestern corner of the intersection of Avon Road and
Rivertront Lane. This vault should be relocated accordingly.
14. It appears that the area of relocation of the existing path along the Eagle River
needs to be extended to the west to optimize alignment and maintain path width.
(Sheet 7)
15. Should lighting conduit location along bike path be revised to 2 feet from outside
of widened path?
16. Utility service stub outs should be extended far enough beyond right-of-way line
to avoid sidewalk or street damage when excavating to make connections.
17. Retaining wall plans appear to be inconsistent with grading plans especially in the
area around on street parking area and connecting Bikepath.
18. Please submit copies of Sediment and Erosion Control Best Management
Practices and State Stormwater Control Permit. Maintenance notes on plans should
match BMP and Permit conditions.
19. Please include proposed dust control and mitigation plan as part of construction
documents. •
20. Please note that a Permit for Work Within Public Ways will be required. for work
within Avon Road right-of-way and that this work will be subject to the conditions of
such permit in addition to compliance with the Subdivision Improvements Agreement.
21. Projected traffic loading of 25 EDLA for pavement design seems to be reasonable
after project is built out, however it does seem to be adequate to include construction
traffic during the anticipated 3 to 5 year build out period. How does this affect pavement
section?
22. Avon Road Crosswalk Details should be revised to match existing Avon Road
crosswalks at Beaver Creek Boulevard and Benchmark Road. (We may be able to help
with details if desired.)
23. Pedestrian Crossing Ramps must be revised to conform to ADA requirements
including truncated dome pavers.
24. The small asphalt areas between crosswalks and drainage pans at the Riverfront
Lane / Avon Road intersection should be changed to concrete pavement.
25. All Avon Road widening and asphalt patch backs must be existing asphalt
thickness plus 1-inch.
26. Additional signage should be provided to emphasize pedestrian crossing area and
to reduce Speed Limit through crossing area to Pedestrian Plaza to 15 MPH.
27'. It appears that the addition of a Yield Sign in the island and dashed yield line
striping for the right turn lane at Riverfront Lane "Avon Road intersection may help
clarify intended traffic flow in this area.
•
1:1EngineeringtConnueneiSubdivision~.Final:Construction Plan Review-Doc
,0v
c
z
May 1, 2005
y Re: Riverfront Subdivision - Final Plat (Construction Plans)
Road, Grading, Drainage, Water, Sewer and Utility Plans
28. The street identification signs (Riverfront Lane) appear to be undersized at 4-
inches tall. I believe the standard street identification signs in Town are 6-inches tall.
29. It is not clear how drainage gets from box culvert under railroad to Inlet 42 at the
cul-de-sac. It does not appear that the 15-inch pipe between the Inlet 42 and the box
culvert under the railroad will carry the 100 cfs flow projected per Drainage Report, and
contour lines seem to indicate that surface flow will be to the west away from the inlet.
30. The guardrail at the cul-de-sac, should not be necessary with the curb and gutter
section and posted speed limits.
31. Please provide details for the pedestrian railing proposed at the cul-de-sac.
32. The lighting plan is subject to Town of Avon Planning and Zoning Commission
Design Review for both fixture types and lighting levels. Comments will be forthcoming
following that review.
We will continue our review upon receipt of a response to the above comments.
• Additional comments will be forthcoming as we continue our review of the Riverfront
Subdivision related documents.
Sincerely,
Norman Wood, P.E.
Town Engineer
Cc: Tambi Katieb
Eric Heidemann
Larry Brooks
Mike Sliper
•
I: Engineering`konfiuence.Subdivisionifinal:Canstrjction Plan Re iew•I.Doc
4
S.
t.
s
Y~
April 10, 2006
East West Partners
Attn: Andy'Gunion
P:O. Drawer 2770
Avon, CO 81620
RE: RIVERFRONT VILLAGE - MASTER LANDSCAPING,& PLAZA, PLAN
CONDITIONALLY APPROVED BY PLANNING COMMISSION. .
Andy:
At their April 4, 2006 meeting, the Planning and Zoning Commission approved. the
above-mentioried plan with the following conditions:
1/ All lighting submitted is only. conceptually approved, and will require
submittal of a, site lighting, plan in' conformance with Chapter. -15.30
("Outdoor Lighting .Standards"). prior to final approval. Street lighting
fixtures will-match" those selected for use in the:Town:Center project. The
Tract A bollard option shall;. be resubmitted (both concrete: and wood are
not approved as : submitted). Lighted bollards shall be used at-the
pedestrian crossing of Riverfront Lane.
2/ Bollard 'alignment between Riverfront Lane and railroad to be curved to
match the auto lane curve on the western side of this intersection.
3/ Concrete pan extending from Riverfront ROW to western edge of auto
lane shall be deleted. Concrete shall be flush with material at this area.
4/ Stamped or scored concrete to be utilized at crosswalk with no greater
than a 2' score to create a material difference of the .crosswalk. The
crosswalk- will be elevated at least 2 inches. in 2 feet at the transition from
both approaches. .
5/ Traffic calming devices such as a flower box shall be introduced in the
Riverfront ROW at the crosswalk. The' approach to ,*this pedestrian
crosswalk shall be.designated as a 15 MPH speed limit at locations noted
in this report.
6/ Concrete from terminus of public plaza to river path shall be stained. or
colored to compliment retaining wall and plaza color and material palette.
•
F.• (Planning & Zoning CommissionIA*eting Letters1200610404061Riverfront Landscaping & Plana approwddoc
7/ The restroom/gondola operations building will be resubmitted in context
with the hotel design review. Snow shedding will be incorporated and
reviewed as part of the snow management plan forthis building'
8/ Minimum quantities for landscape.plan shall be increased to 6-8 trees for,
each 650 square feet of landscape plan to conform to submitted plans
shown for public areas (Riverfront.Lane Entrance and below retaining of
plaza). One. tree and three''shrubs per 650"square feet (ten shrubs may be
substituted for one tree) is approved as the minimum for each individual
lot, and shall be reviewed separately during design review for each
submittal..
9/ Fencing along Railroad ROW will be specked and approved separately.
10/ ..Additional, evergreen trees shall be introduced at the base of the retaining
wall below the public plaza and the minimum height of these trees shall be
15' tall at time of installation.
11/ The crosswalk at Riverfront Lane shall be installed by the opening day of
the ,gondola.
12/ Snowmelt down the stairs of the public plaza to the. river access trail shall
.be reviewed with the hotel design review.
IN Use of Spruce trees behind the Avon Transit Directional Sign shall be
slightly tapered and pulled to the east to avoid obstruction of view.
• Feel free to call our office if you have any questions regarding your approval at
970.748.4030.
Kind Regards,
Matt Pielsticker
Planner I
Cc: File
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EXHIBIT B
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
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SIA-Riverfront4 27 cln
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EXHIBIT B
• Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Road, Grading, Drainage, Water, Sewer and Utilities
Per Riverfront Subdivision. Bid Tab (Attached) $ 4,141,.457
Landscape Master Plan
Per Riverfront Drive ROW Cost Estimate (Attached) $ 349,221
Natural Gas Service (Excel Energy)
Town of Avon Estimated Cost $ 200,000
Contract Administration & ,Contingencies
Town of Avon Estimate at 15% $ 703,602
Total Estimated Cost $ 5,394,280
SIA-Riverfront-4 27 c1n
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2
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EXHIBIT C
Subdivision Improvements Agreement
DISTRICT FUNDING RESOLUTION
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SIA-Riverfront-4 17 cln
EXHIBIT C
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SIA-Riverfront-4 27 cln
Subdivision Improvements Agreement
DISTRICT FUNDING RESOLUTION
II
RESOLUTION
CONFLUENCE METROPOLITAN DISTRICT. •
REGARDING APPROPRIATION OF FUNDS'UNDER
SUBDIVISION IMPROVEMENTS AGREEMENT
. RIVERFRONT SUBDIVISION:
WHEREAS, the Confluence Metropolitan District (the "District") is a quasi-
municipal corporation and political subdivision of the State of Colorado; and
WHEREAS, the District is authorized, pursuant to Section 32- 1 -100 1 (1)(d)(I),
C.R.S., to enter into contracts and agreements affecting the affairs of the District; and
WHEREAS, the District has entered in to a certain "Riverfront Subdivision
Subdivision Improvements Agreement," dated as of , 2006, together
with the Addendum to the Subdivision Improvements Agreement attached thereto (the
"SIA") with the Town of Avon, Colorado (the "Town") regarding the,fimding and/or
construction of public infrastructure improvements in connection with the approval of the .
"Amended and Restated Development Agreement for The Confluence" (the "Project"
and the "Development Agreement, respectively"), which will now be replatted as
Riverfront Subdivision; and
WHEREAS, the District is responsible for the performance and completion of
public improvements set forth on Exhibit A of the SIA (the ".Improvements"); •
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CONFLUENCE METROPOLITAN DISTRICT AS FOLLOWS:
1. The Board of Directors hereby finds, determines and declares that it is in
the best interests of the District to execute and deliver to the Town the SIA, and the
appropriate officers and directors of the District are hereby authorized to execute and
deliver the SIA to the Town.
2. The Board of Directors hereby appropriates and reserves to the Town
pursuant to the SIA the amount of $ to guarantee construction of the
Improvements; such amount to be subject to replacement by the proceeds of bonds to be
issued by the District and certified to the Town as provided in the SIA, and as further set
forth in Paragraph 3 below (the "Interim Funds").
3. At such time as the District issues Bonds to replace the remaining balance
in the Interim Security Account (as that term is defined in the Addendum to the SIA), the
Board of Directors shall appropriate, and reserve to the. Town pursuant to the SIA, and
subject to the terms of the Indenture of Trust between the District and its Indenture
Trustee (the "Indenture Trustee"), relating to the issuance off the District's Tax Supported
Variable, Rate Revenue Bonds (the "Bonds"), proceeds of the Bonds in the amount of the
'?P
deposit required to replace monies then on deposit in the Interim Security Account (the
"Bond Funds") to guarantee construction of the'Improyements.
.4. The Board of Directors hereby certifies to the Town Council.that the
Interim Funds are unencumbered and free from claims from third parties, so that any .
requests by the Town for payment under the. SIA maybe promptly honored in accordance
with the terms of the SIA. The Board of Directors further certifies that the Interim,
Security Account is a separate account and reserved for the uses specified in the SIA,
and shall be held in compliance with, the requirements of Section 29-1-803.(1), C.R.S., for
the purposes of providing for the completion the Improvements.
3. To the extent, that Bond Funds are used to replace the Interim Funds, the
Board of Directors hereby certifies to the Town Council that the Bond Funds are being
held by the Indenture Trustee pursuant to the Indenture of Trust; and are otherwise
unencumbered and free,from claims from third parties, so that any.requests by the Town
forpayrimeni under the SIA may be promptly honored if presented to the Indenture
Trustee as provided in the Indenture of Trust. 'The Board of Directors further certifies
that Construction Fund in which the Bond Funds'are held under the Indenture of Trust, is
a,separate account (the "Security Account") and reserved for the. uses specified in the
SIA,, and shall be held in compliance with the requirements of Section 29-1-803(l),
C.R.S., .for the purposes of providing for the completion the Improvements. ,
.4. This Resolution shall be renewed at the beginning of each subsequent .
calendar year until all the Improvements have received final acceptance or until the
• District provides substitute collateral acceptable to the Town.
APPROVED AND ADOPTED THIS - DAY OF , 2006
CONFLUENCE METROPOLITAN DISTRICT
ATTEST
By:
President
By:
Secretary
EXHIBIT C
ENGINEER'S.OPINION OF PROJECT CONFORMITY
Project: Riverfront.Subdivision
Location: _ Avon, Colorado
I hereby acknowledge that I am a licensed engineer registered in the State of Colorado.
To the best of my knowledge, and belief, based upon site observations by Alpine
Engineering; Inc's personnel, along with test results, reports, and information provided
by others, the constructed improvements in the above referenced project and the materials -
incorporated therein appear to be in general conformance with,the contract plans,.
specifications and standards. This includes the improvements for the shallow utilities.
The, contract plans,,specifcations.and standards for the project are those presented in the
Riveifront Subdivision, Construction Plans, Road, Grading; Drainage, Water,, Sewer and
Utility Plans, as approved: by the Town of Avon and subsequent revisions thereto.
This opinion.-0f project conformity is limited to those portions of the project designed by
Alpine Engineering, lone.
By: Kent A. Krie , P -LS
for Alpine Engineering,
Z o~
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EXHIBIT D
G&f*tedh
• HEPWORTH-PAWLAK GEOTECHNICAL
June 30, 2008
Hepworth-Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
email: hpgeo@lhpgeotech.com
East-West Partners
Attn: Ron Kowalski
P.O. Box 2770
Avon, Colorado 81620
Project No. 1057061
Subject: Compliance of Construction and Materials, Riverfront Subdivision, Avon,
Colorado
Dear Mr. Kowalski:
Hepworth-Pawlak Geotechnical, Inc. provided observation and materials testing services
for earthwork, concrete, aggregate base course and hot-mix asphalt paving during
construction of the roads and utilities for the Riverfront Subdivision Project. Our services
for the construction began in early May 2006 and continued on an as-required basis. Our
services were performed under the direction of the undersigned licensed engineer.
registered in the State of Colorado.
•
•
Nonconforming materials and/or workmanship identified during construction were
immediately brought to the attention of the contractor for correction. - Our testing and
observation reports have. been distributed under separate cover. The road and utilities
construction are now substantially complete. Compression test results for incidental
concrete recently replaced by B&B Excavating, Inc. are pending and will be distributed
as they become available.
Based on our observations during construction and the results of our testing to date, the
earthwork, concrete, aggregate base course, and hot mix, asphalt paving materials placed
for the project are in substantial compliance with the project specifications,and/or
.currently accepted industry practices as applicable.
If you have any questions, please contact the undersigned.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Tho as J. Westhoff
a~~de Q 41
Parker 301-841-7119 o Colorado Springs 719-633-5562 • Silverthome 970-468-1989
P
cc: Town of Avon - Justin Hildreth
Alpine Engineering - Jim Horsley
B&B - Mike Pettit
EXHIBIT E
Xce#Energyo., .
Post t )I,11ce Bc±x IS 19
Silverthorne. Co S()498
Jusiin l-lildreth. PL
F own FnL,,11~ 1' .
rovy1,.Of Avon
400 Benchmark Road
Post Office. Box 97`
:Avail. Colorado 8I670
Re: RivertroiIt Lane in A on-t_itility Infrastructure 1cceriance
Dear Mr. I lildreth:
feel L-11crav has' Inspected and accepted the Gas Ni lalll Installed alonL, Rlyerlront 1,. li1C.
•
if VOll'hare ?17~' CIl1CS11011S. please cOlltacl n7e. at 970-?62- -4.
Slncerielv.
I`aihi n BoL'e-t'Planner .
Desi n Depaiuhent% 'lount:.lin Division
CC: Ron Kowalski
Iim Horsley
EXHIBIT F
3799 HIGHWAY 82 - P.O BOX 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491- FAX (970) 945-4081
June 17, 2008
Justin Hiidreth, PE
Avon Town Engineer
PO Box 975
Avon, CO 81620
Re: Riverfront Lane in Avon - Underground Electric Acceptance
Dear Justin:
Holy Cross Energy has inspected and accepted the electric utility underground infrastructure installed
along Riverfront Lane by East West Partners.
If you have any questions, please feel free to contact me.
Sincerely,
HOLY CROSS ENERGY
• Libby Cowling,
Engineering Department
IcowlincWholycross.com
(970) 947-5428
LC:vw
cc: Ron Kowalski
East West Partners
PO Box 2770
Avon, CO 81620
W/0008-19558:Riverfront Sub
08.19558 Hildreth
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A Touchnom ErmW Cooperative i
4)
EXHIBIT .G
Standard Specifications for Water Mains ERW&SD.
' WATER SYSTEM ACCEPTANCE PROCEDURE
Xa le River Water & Sanitation District
4 4
Project ►rfe A
Engineer % Applicant
Contractor W Local Contact 6
District 67? Location
CONSTRUCTION REVIEW TEAM:
Date Approved By
Approved for construction (4 Sets)
FIELD OPERATIONS INSPE ONS:
1) High Chlorine .Test.Details L o6
2) Low Chlorine Test- Details i S"►d
3) Bacteriological Test
4) Hydrostatic, Pressure Test
'
Box/Curb Stops: To Grade & erated
5) Valves
6) Fire Hydrant: To Grade, & Operated e
7) Air Release Vault S i o
8) PRV Inspection
9) District/Contractor Redline Review
10) Confirmation that Engineer has received redlines
11) Rough Grade Inspection 0 -
12) CONSTRUCTION ACCEPTANCE: 6 v>
WATER OPERATIONS:
1) Tank Inspections
a) Disinfection:(ANSI/AWWA C652-92)
b) Fire Hydrant near Tank
c) Vents: -Screened & Secure _
d) Overflow Drainage: Adequate
e) Hatches/Doors/Ladders: Secure
2) Pumps- Controls & Telemetry Inspections
3) Department Approval
,
REGULATIONS ADMINISTRATOR:
Project Cost
Bill of Sale
Final Grade and Paving
'
Drawings of Record, Paper,( ) & Disk
Easement Documents
Final Inspection
FINAL ACCEPTANCE
EXHIBIT H
0
EAGLE RIVER
WATER & SANITATION DISTRICT
846 Forest Road - Vail. Colorado 81657
(970) 476-7480 - FAX (970) 476-4089
June 26, 2008
Mr.. Chip Bair
B&B Excavating, Inc.
P.O. Box 1729
Edwards, Colorado 81632
Subject: Construction Acceptance of Sewer Main at Riverfront Project, Avon,
Colorado
Dear Mr. Bair:
is
The Eagle River Water & Sanitation District (District) has inspected the sewer main for the .
Riverfont Project in Avon, Colorado, including the portion that was replaced from Manhole No. .
7 downstream, approximately 44 feet. The sewer main for this -project has received Construction
Acceptance by the District effective June 10, 2008, which is also the start date for the two year
warranty period.
You are probably aware that the District's procedures for Final-Acceptance of sewer mains
includes re-inspection of mains that have received Construction Acceptance.within the two year
warranty period. If during re-inspection the District discovers any defects, it may require
corrections under the warranty. If the District requires you to repair or replace portions of the
Riverfront.sewer main, we will expect a 2-year extension of the warranty. If the results of re-
inspection are acceptable to the District, then you are obligated to complete the District's Sewer
Line Acceptance procedures before we can grant Final Acceptance.
You are also aware of the District's concerns regarding the Riverfront sewer main as outlined' in
Fred Haslee's letters to you, dated April 17t' and June 10'h, 2008, those areas will be of special
interest to us at the time of re-inspection.
If you have any questions or comments, please do not hesitate to contact me.
S' er y
Andy hler, CIP Manager
for Fred Haslee
Regulations Administrator
•
Cc Fred Haslee, Regulations Administrator
Roby Forsyth, Distribution and Collections Division Manager
Project File ,
WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES
Avon Main Street- Artwork Program •
Second Meeting
7.01.08, 1lam-lpm
Town Library, Small Conference Room (not Beaver Creek Room)
Attendees:
AAC (Avon Arts Council)
TOA (Town of Avon)
Mc & B (McGrath and Braun): Martha Weidmann, Liz Iracki
BDG (Britina Design Group): Kristin Cypher
Meeting Agenda:
I. 'Introduction: Kristin Cypher; BDG
H. Where we are now:
Preliminary Design Phase
Review of Information Gathered to-Date
Online Survey .
Stakeholder Meeting
"Centers" Exercise
Preliminary Design Concepts
Budget/Process •
III. Goals for this meeting:
Focused Feedback; Art work for Main Street Centers
For each Center; we will give an overview of conceptual functions
and design intentions; then view conceptual art options for each
space.. We'would like the AAC to provide detailed feedback on
materiality, functionality, and aesthetic. The AAC feedback 'will
be used to generate site specific artist proposals and detailed street
design.
1. Nottingham Park Gateway
-Overview
Conceptual-Functions
Design Intentions
-Art Options
'Group A
Group B
Focused Feedback
Materiality
Functionality
Aesthetic
3%
•
Conceptual Functions
Design Intentions
-Art Options
Group A
Group B
-Focused Feedback
Materiality
Functionality
Aesthetics
IV. _ Closing
1. Goals of next meeting
2. Timing TBD
3. Questions
2. Library/Rec Center Plaza
-Overview
Conceptual Functions
Design Intentions
-Art Options
Group A
Group B-
-Focused Feedback
Materiality
Functionality
Aesthetic
3. Seasons/Sheraton P_1_a_za
-Overview
Conceptual Functions
Design Intentions
-Art Options
Group A
Group B
-Focused Feedback
Materiality
Functionality
Aesthetic
4. Lettuce Shed Focal Point
Overview.
Conceptual Functions
Design Intentions
-Art Options
Group A
Group B
-Focused Feedback
Materiality
Functionality
Aesthetics
5. Lettuce Shed Lane
-Overview
Conceptual Functions
Design Intentions
-Art Options
Group A
Group B
-Focused Feedback
Materiality
Functionality
Aesthetics
6. Eastern Gateway
-Overview
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Page 1 of 1
Debbie Roeland
From:. Justin Hildreth
Sent: Monday, June 30, 2008 8:21 AM
To: Martha Weidmann
cc: Debbie Roeland
Subject: RE: Next AAC Meeting
Martha,
Deb.will order] unch for tomorrow's meeting. Do you know how many people from the Arts Council will be
attending?
Justin
Justin Hildreth, PE
Town Engineer
Town of Avon
970 748 4045 Direct
970 390 2138 Cell
J i~ildr-th-QAvQR_SLrg
From: Martha Weidmann [mailto:mweidmann@mcgrathandbraun.com]
Sent: Friday; June 27, 2008 4:24 PM
' To: Ron Wolfe email; Ron Wolfe; Justin Hildreth
Cc: Jette Braun; Liz-Iracki; Tim Piper; Kristin Cypher; Eric Heidemann; ROB SPERBERG;
sharongreene@tandemconsult dg.biz; dongreene@tandemconsulting.biz
Subject: RE: Next AAC Meeting
HI Avon Arts Council,
A reminder that our 2nd meeting will take place:
Tuesday, 07.01.08
11 am-1 pm
Town Library; Small Conference "Room (not the Beaver Creek Room).
A copy of our meeting Agenda is attached
We look forward to seeing you then!
Enjoy the weekend,
Martha
Martha Weidmann, Associate
McGrath & Braun Art Consultants
1058 Delaware St..
Denver, 'CO 80204-
o. (303) 893.0449
c. (303) 483.5297
martha ® mcgrathandbraun.com
6/30%2008