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TC Res. No. 2011-14 Recognizing certain public improvements corrrectedEXHIBIT A TOWN OF AVON RESOLUTION NO. 11 -14 Series of 2011 A RESOLUTION RECOGNIZING CERTAIN PUBLIC IMPROVEMENTS CORRECTED DURING THE STIPULATED WARRANTY PERIOD FOR SAID IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE AT AVON FILING 3, AND ESTABLISHING A ONE -YEAR WARRANTY PERIOD FOR THE CORRECTED IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated June 08, 2004, with Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek Metropolitan 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 April 20, 2006; and WHEREAS, certain work items were identified during the warranty period as requiring corrective action; WHEREAS, the identified work items were satisfactorily corrected as of August 17, 2011; NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The repair to the retaining wall supporting Swift Gulch Road is hereby approved by the Town of Avon. 2. The item identified above in Item 1 shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item; the date of warranty for the corrected items shall extend to August 17, 2012. J: \Village (At Avon) \4.0 Filing 349 Completion \Res 11 -14 F3 Warranty.Doex k"; ADOPTED THIS a7 ATTE N 0F% :s 1'A�, �O�ORADD� DAY OF 5�� , 2011. TOWN COUNCIL TOWN OF AVON, COLORADO f Rich Carroll, Mayor J: \Village (At Avon) \4.0 Filing 3 \4.9 Completion \Res 11-14 F3 Wan- anty.Docx .............. EXHIBIT. B. L� • SUBDIVISION IMPROVEMENTS AGREEMENT. THE VILLAGE (AT AVON) FILING 3 THIS AGREEMENT, made and entered into this 2+1 -day of , 2004, is by and among Traer Creek -RP LLC, a Colorado limited liability company ( "Subdivider "), Traer Creek Metropolitan District, a quasi - municipal corporation 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, Subdivider and the Di§trict;' hi connection with the approval of the final plat for The Village (at Avon) Filing 3, consisting of 108.720 acres in the SE %4 of Section 7 and in the W %Z of the SW '/. of Section 8, T. 5 S., R. 81 W. , of the 6th P.M., Town of Avon, Eagle County, Colorado (the "Subdivision "), desire to enter into a Subdivision Improvements 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 (the "Improvements ") set forth in Exhibit A attached hereto and incorporated herein by reference; and • WHEREAS, the District is responsible for the performance and completion of the Improvements. 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 The Village (at Avon) Filing 3 shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. 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 as set forth in Exhibit A. District further agrees that it shall be solely responsible for all costs related to the performance and completion of the Improvements as set • 1 16680/Traer May 20, 2004 06/29/2004 01:33P Teak J Simonton Eagle, Co 89 R 71. 00 D 0. 00 . forth on Exhibit B. All said work shall be performed in accordance with the construction plans and specifications as submitted to and approved by the Town prior to commencement of construction of Improvements. All Improvements shall be completed within one (1) year of the date of the Town's approval of the Final Plat for the Subdivision, subject to extensions for force majeure events as defined in Section 13 below. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town, shall be subject to the reasonable satisfaction of the Town and shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town. The Town will forward copies of all observation reports to the District, 'Subdividei and the District's engineers (who"shall be registered in the State of Colorado) responsible for providing the opinion required by Section 7 hereof. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town will designate the individuals or independent third parties employed by the Town who are authorized 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, whether by Town employees or an independent third party inspector, shall be paid by the District, subject to the limitations set forth in paragraph 8 below. (4) Notice of Non - Compliance. In the event that the Town, through the inspectors, reasonably determines that the Improvements are not in compliance with the pre - approved construction plans and specifications, 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 District's engineers, Subdivider 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 District's engineers, Subdivider and the District within two (2) working days of the date of the observation. Security, for Completion of Improvements. (a) Securi . To secure completion of the Improvements, the District hereby agrees to secure its obligations under this Agreement with Collateral in accordance with Section 16.24.100 of the Code. Collateral shall be one or a combination of the following: cash or its • 16680/rraer 2 May 20, 2004 I�I��NMINIIa�In�I�NN 8 =? �'e Teak • equivalent; securities of acceptable value; letter of credit; bond for warranty period only; and land of acceptable value by deed of trust. (b) Substitution of Security. The District may substitute another form of collateral acceptable to the Town in place of the forms of security set forth below in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 4. District's Obligations Conceming Improvements. (a) Funding Resolution. The District has adopted a resolution (the "Funding Resolution's 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 am' ourii sufficierit'to' guarantee the construction of the Improvements set forth on Exhibit A. The estimated costs of completion of the Improvements are set forth on Exhibit B attached hereto and incorporated herein by reference. The Funding Resolution specifically provides that 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. As a 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 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 ss Payments on Improvements. The District may make progress payments to its contractors from the Security Account on a monthly basis upon the partial completion of itemized improvements which have been set forth on Exhibit A and upon fifteen (15) day's prior written notice including an itemized statement of the District 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; provided however, when the value of work completed has progressed to fifty 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 (10 %) ten percent retainage of the value of work completed maybe reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Except for 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 set forth in paragraph 5 below, the Town shall release any further interest in the Security Account. • 16680lrraer 3 May 20, 2004 Page: 3 of 14 06/29/2004 01:33P Teak J Simonton Eagle, CO 89 R 71-00 0 0.00 • (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 notice of default to Subdivider and the District and providing an opportunity during such period for the District and the Subdivider 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 Improvements. 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. 29- 1- 803(1) for the purpose of providing for the completion of the Improvements. 5. WarraiifP666d. ' The'hiiprovertierits shall be warranted to be free from defects in workmanship or quality for a period of one (1) year 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.. The amounts for completion of all warranty work on the Improvements shall be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred and ten percent (1.10 %) of the cost of such corrective work to be held by the Town during such one (1) year period, as a guaranty of performance of any work required under the above - described warranty. In the event any corrective work is performed during the one (1) 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. • 6. Condition of Public Dedicated Roadways. The District shall at all times prior to acceptance of any publicly dedicated roadways within the Subdivision by the Town give good and adequate warning to the traveling public of each and every known dangerous condition existent in said roads and shall protect the traveling public from such defective or dangerous conditions. Until the completion of all the Improvements herein agreed to be constructed, roads not accepted as improved shall be under the charge and control of the District for purposes of this Agreement; and the District may close all or a portion of any street or road within the Subdivision whenever it is necessary to protect the traveling public during the construction or installation of the Improvements herein agreed to be made. 7. Engineer's Opinion. Upon completion of portions of the Improvements, the District will cause its engineers (who shall be registered in the State of Colorado) to provide a written opinion that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in general conformance with standards, plans and specifications as submitted to and previously approved by the Town. Inspection reports, test results and other supporting documentation shall be submitted with the opinion. 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 • 16680/rmer 4 May 20, 2004 4 of I�,IIIVI�Ip��IIIII�IIII�IIIII� 882.;s,'. engineer were addressed to their satisfaction prior to the issuance of engineer's opinion. • 8. 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 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. 9. No Obligation of Town to Complete Improvements. Subdivider and the District agree 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 Or perform any of the Improvements. No one; individually or otherwise, other than the parties hereto, _shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against the District to enforce any provision of this Agreement shall be at the sole discretion of the Town. Except in the event the Subdivider completes cure of the District default and thereby is entitled to require the Town to accept the Improvements, no third parties (including the Subdivider) shall have any rights to require any action by the Town pursuant to this Agreement and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties (including the Subdivider) from the failure of the District to complete the Improvements herein specified. 10. Nan - Liability of Town. 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, claims, 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. 11. Ri is 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 Subdivider and the District of such default during which period of time the Subdivider or the District failed to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on • J 16680/7racr May 20, 2004 Page: 5 of 14 06/29/2004 01:33P Exhibit A. All such costs paid by the Town for such Improvements (or paid by Subdivider if it chooses, in its sole and exclusive discretion, to cure the District's default), together with all costs of personnel, equipment and other matters expended by the Town (or Subdivider in the event Subdivider undertakes a cure of the District's default as aforesaid) in furtherance of the construction responsibilities of the District, shall be paid by the District. Any such costs relating to the Improvements, which have not been reimbursed by the District to the Town or Subdivider, as applicable, shall be a lien on any property in the Subdivision conveyed to the District contemporaneously with recordation of the final plat of The Village (at Avon) Filing 3. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town or Subdivider, as applicable, to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town and/or Subdivider may, but shall not be obligated to, bring a mandatory injunction action against the District to require installation and construction of Im the provements, if not constructed within the time limits described in this Agreement: If any such action is brought by, the Town and/or Subdivider, the Town or Subdivider, as applicable, shall be awarded its court costs and reasonable attorneys' fees. 12. Letter Certifying Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider and the District under this Agreement have been satisfied. 13. Force Majeure. Whenever a party is required to perform an act under this Agreement by a certain time, said time shall be deemed extended so as to take into account events of "Force Majeure." "Force Majeure" is any of the following events that prevents, delays, retards or hinders a Party's performance of its duties hereunder: act of God; fire; earthquake; flood; explosion; war; invasion; insurrection; riot; mob violence; sabotage; vandalism; inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market; failure of transportation; strikes; lockouts; litigation; condemnation; requisition; governmental, civil, military or naval authorities; or any similar cause not within such party's control. 14. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 15. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. 0 16680/Trur b May 20, 2004 IIIIIII�III�IIIIIWI�IIIIIII�IIIIII�882178 , 3. 99 R [SIGNATURE PAGE TO • SUBDIVISION IMPROVEMENT AGREEMENT THE VILLAGE (AT AVON) FILING 31 TOWN OF AVON, a Colorado municipal corporation A : L B : To Cl k Mayor APP OVED AS TO FORM: To Attorney M OF'I� ®,y, TRAER CREEK -RP LLC, a Colorado limited ° liability company 4 � z By: TRAER CREEK LLC, a Colorado limited t x liability company, its Manager agnu indholm, Manager TRAER CRE T AN DISTRICT, a quasi - municipal a n 7 40 16680/rraer May 20, 2004 IIIIIII IIIIIIIIIIVUIIIIIIIIUV�IIIIIIez 8 99 R ;,: =A M��V , Teak J EXHIBIT A DESCRIPTION OF IMPROVEMENTS I. Mobilization H. Roads — Includes Excavation, Embankment, Retaining W ails, Fine Grading, Sub-Base Materials & Preparation, Concrete Curb, Gutter, Medians, Crossp ans, Rec Path & Sidewalks, Asphalt Paving and Asphalt Rec Path, Guardrail, Pedestrian Rail, Pedestrian Tunnel, Paved Crosswalks, Signage, Striping and Other Incidental Construction per Approved Plans & Documents N. Post Boulevard from Roundabout .5 through. Swift Gulch Road- Intersection B. Swift Gulch Road from The Village (at Avon) Filing 2 to Post Boulevard Intersection M. Utilities A. Water B. Sewer M. Slope Protection & Erosion Control A. Rip-Rap B. Erosion Control Matting C. Silt Fence, Wattles & Other Temporary Erosion Control Facilities IV. - Storm Drainage A. Storm Drain Pipes B. Inlets and Headwalls & Rip-Rap C. Manholes & End Sections V. Shallow Utilities A. Electric B. Telephone C. Cable TV D. Natural Gas E. Conduit for Other VI. Street Revegetation & Landscaping VII. Street Lighting 16680nraer May 20, 2004 882178 page: a of 14 06/29/2004 01:33P Teak J Simonton Eagle, CO 89 R 71.00 D 0.00 Efi �i i 0 EXHIBIT B COST ESTIMATE OF IMPROVEMENTS IIIIInI�VIII��VII�NIIIIIN�II�I��II e' ;' e , : ,. Teak J Simonton Eagle, CO 89 R 71.00 0 0.00 1� 4 Swift Gluch Road Traer Creek Metro District Unit Price Comparisons 24 MAY 04 882178 Page: 10 of 14 06/29/2004 Teak ,1 Simonton Eagle, CO 89 R 71 .00 0 1 :33P 0 00 i Gould Description Quantity Unit Prise Total i 1 GENERAL 2 Mobilization 1 LS 125,750.00 125,750.00 3 Construction Suryelongl/Layout 1 LS 43 395.00 43 395.00 4 Subtotal 169,145.00 5 ROADS 6 Clearing 1 LS 33,850.00 33,850.00 7 Topsoil Remove and Stockpile (6") 11,534 CY 2.35 27,104.90 8 Topsoil Replace (4 ") 3,770 CY 6.30 23,751.00 9 Excavation Placed as Embankment 72,867 CY 3.10 225,887.70 10 Excavation Export and Place in Stockpile 54,841 CY 2.35 128,876.35 11 Soil Nail Walls with Block Veneer 13,723 SF 52.55 721,143.65 12 MSE Walls using Modular Block Units 2,573 SF 39.85 102,534,05 13 Guardral . 1.920 LF 18:00 30,720:00 14 Guardrail End Anchors 6 EA 760.00 4,560.00 15 Concrete Curb and Gutter 2,424 LF 13.50 32,724.00 16 a Concrete. Pan 69 LF 26.40 1,821.60 $y "<'i .rcq. h:. < >,::',�.? >`:g "� >�r%t';`%:�Y4ih :,Vi.0 �r•��y';` .. ,w Riy+'tSZS �h'`d r +: {J.'�.,;�Y7.�•jp/�,` .•c; -' r o ♦y t b'�i :< y�a�pyy3�i �J� :;:5'•¢ v ac ? ;;.,.l. S.4R�1 <i It� ,+.t .. K�Y•y �£ {;L<: �� <��> y C £tr ,�` � :tiS;:'r : ` •tg•,' -: ?:A ��dLk �1�1�$ y d •'::.0 � 2 &�:;•.."^�,.,..._a� beat a.:�. S4. .:aL `y; �,y. %� e,., ,. >' �a•..'7�:»t,`��+> ...,��.S 19 Asphalt (4" thick) 2,522 TON 46,80 118,029.60 20 Asphalt (9*. thick) 1,510 TON 46.80 70,668.00 21 Precast Tumbled Pavers 941 SF 12.75 12,001.70 22 18" Cast -in -Place Concrete Band 144 LF 23.70 3,412.80 23 Type 2 (Ilm) Mountable Curb and Gutter 270 LF 20.00 5,400.00 24 Type 1. ADA Ramp 4 EA 800.00 3,200.00 25 Median Spill Curb and Gutter 1,342 LF 16.00 21,472.00 26 Line Striping 14,196 LF 0.40 5,678.40 27 Signs 32 EA 500.00 16,000.00 28 Barricade. (Type 3M-A) 4 EA 600.00 2,400.00 29 Pedestrian Tunnel 1 LS 160,100.00 160,100.00 30 Pedestrian Rail 959 LF 7.80 7,480.20 31' Concrete. Rec Path (W. thick). 1U. wide 1,173 SY 31.50 36,949.50 32 Asphalt thick), Rec Path rJSC•r' .:4.G �� <4 : •' {<.k \' J.< Qy 1,289 TON � •t. �.;n; :+LtR a; 47.95 h .2/::... , v.r{ rj `x?y':t, 6180765 <'{ !i}•r i Ci'�i :� 'FZi,:. y,.i;G �?r`, <t {��.![1;�"R "iE: wt: '+. ;;: T." i3<,f.,:- •)'�iR`ii . 'a ';i. Si ^.:tKd...:. ..,c aF.... .,.. .:::i ,r .:;:..:..v 34 Chain Link Fence (M- 607 -2) Single. Gate 2 EA 3,260.00 6,520.00 35 Subtotal 2,024,952.40 36 WATER 37 5'. DIP 163 LF 44.00 7,172.00 38 8". DIP 1,391 LF 46.30 64,403.30 39 16". DIP 478 LF 66.00 31,548.00 40 6" Gate Valve 4 EA 800.00 3,200.00 41 8". Gate Valve 5 EA 1,085.00 5,425.00 42 16". Gate Valve 2 EA 4,530.00 9,060.00 43 Air Release Vault 2 EA 2,800,00 5,600.00 44 Relocate Air Release Vault 1 LS 2,800.00 2,800.00 45 Fire . Hydrant Assembly 4 EA 3,240.00 12,960.00 46 Water SerAce. Lines (1 -1rX diam.) 1 EA 2,400.00 2,400.00 Copper 47 Irrigation Meter. Pit 1 EA 1,750.00 1 1,750,00 48 Subtotal 146,318.30 49 SLOPE PROTECTION AND EROSION CONTROL 50 Stabilized Construction Entrance 3 EA 1,600.00 4,800.00 51 Silt Fence 865 LF 1.70 1,470.50 52 Rip -Rap (inlet/outlet protection) d50 =9" 58 LF 24.00 1,392.00 53 Rip -Rap (inleVoutlet protection) d50 =17' 16 LF 24,00 384.00 ' 54 Rip-Rap (inlet/outlet protection) d50 =18" 123 LF 60.00 7,380.00 55 Riprap (inlet/outlet protection) d50 =24" 11 LF 90.00 990.00 56 Straw Bale Dike 2 EA 75,00 150.00 50 882178 Page: 10 of 14 06/29/2004 Teak ,1 Simonton Eagle, CO 89 R 71 .00 0 1 :33P 0 00 i Swift Gluch Road Traer Creek Metro District Unit Price Comparisons 24 MAY 04 IUIIIIIII�VIIIIIGIIIIII�IIIII�IIIIIII aa�e:e,,. Teak J Simonton Eagle, CO 89 R 71.00 0 0.00 I I Gould . Description Unit Price Total $ 57 Wattle 115.00 4,140.00 58 Beaver Dam (inlet protection) r7E 260:00 2,340.00 59 Silt Sack (inlet protection) 125.00 2,125.00 Erosion Control Matting (14' wide) 3.10 595.20 LandLok 450 Erosion Control Matting (4' wide) 2,319 LF 1.20 2,782.80 61 LandLok 450 1 LS 18,545.00 18,545.00 62 Rev ation 47,094.50 63 Subtotal 64 DRAINAGE 65 Mountable Curb Inlet 1 EA 2,200.00 2,2�•� 65 C Inlet 12 EA 2,475.00 29,700,00 67 D Inlet 4 EA 3,300.00 13,200.00 88 bdCurb Inlet 1..... EA. 3,650.00 3,650.00,... . 69 2x3 Valley Inlet 1 EA 2,245.00 2,245.00 70 5' Type R Inlet 5 EA 4,300.00 21,500.00 71 18" CMP 159 LF 39.95 6,35205 . 72 18" RCP 711 LF 37.45 26,626.95 73 21" RCP 558 LF 41,50 23,157.00 74 24" RCP 21 LF 52.00 1,092.00 75 2N' CMP 576 LF 41.50 23.x•00 76 36" CMP 290 LF 57.25 16,602.50 77 84" CMP 87 LF 220.00 19,140.00 78 84" Headwalls plus RlpRap 1 LS 38,300.00 38,300.00 79 24 CMP. End Sections 12 EA 430.00 5,160.00 80 36" CMP End Sections 2 EA 535.00 1,070.00 81 4' Dlam Storm Drain Manhole 2 EA 2600.00 5,200.00 82 Subtotal 239,099.50 •83 SEWER 84 8" PVC 1,580 LF 36.00 56,160.00 85 61. PVC, Services 140 LF 100 LF 36.00 5,040.00 45.00 4,500.00 86 Encasement 87 SDR.17 HDPE 100 psi 335 LF 20.00 6,700.00 88 Manhole 10 EA 2,800.00 28,000.00 89 Sewer Video 1 620 LF 1.50 2,430.00 90 Subtotal 102,830.00 '8W.0 91 SHALLOW. UTILITIES 7,174 LF 10.00 71,740.00 92 Trenching 93 Electric Conduit 6" (install only) 2,955 LF 0.85 2,511.75 94 Electric Conduit 4" (install only) 16,631 LF 0.85 14,136.35 95 Telephone Conduit 4" 2,914 LF 2.00 5,828.00 96 Cable TV Conduit 4r 2,914 LF 2.00 5,828.00 97 Secondary Electric 4" Conduit and Wire 1,042 LF 2.00 2,084.00 98 Secondary Electric 2" Conduit and Wire 3,055 LF 1.00 3,055.00 99 Communications 4484 -TCA Vault 7 EA 4,640.00 33,880.00 100 Electric UM 35L Splice Vault (install only) 7 EA 600.00 4,200.00 101 Boulder. Walls 720 SF 20.00 14,400.00 102 12" RCP 60 LF 26.45 1,587.00 103 4" Fiber Optic Conduit 1,457 LF 2.00 2,914'00 104 6" Spare Conduit 9,549 LF 2.60 24,827.40 105 4 ". Spare Conduit 9,321 LF 2.00 16,642.00 108 Handhote 18 EA 200.00 3,600.00 107 1 n8-W Fiberglass Pullbox 7 EA 200.00 11400.00 108 Subtotal t LS 210 633.50 30,000.00 30,060.00 109 Landscaping (Allakrance) 110 Li htin Allowance 1 IS 55 000.00 55 000.00 Total 3,025,073.20 IUIIIIIII�VIIIIIGIIIIII�IIIII�IIIIIII aa�e:e,,. Teak J Simonton Eagle, CO 89 R 71.00 0 0.00 I I lu-j 0 EXHIBIT C DISTRICT FUNDING RESOLUTION III�IIIH�IIIIIIVI�IIIWWIIIIIIII�WIIII �aZB;,.. Teak J Simonton Eagle. CO 89 R 71.00 D 0.00 16680/Traer May 20, 2004 RESOLUTION OF TRAM CREEK METROPOLITAN DISTRICT REGARDING APPROPRIATION OF FUNDS UNDER SU MION PaR (OVEME S AAGGitETNZNT WH$RIyAS, Tracy CM& metropolitan Disncict (tfie "District") is a gnasi.•mu»icipal corporation and political subdivision of the State of Colorado; and Vn,E a. the Disocict ;s authorized, pmt= to Section 32- 1- 1oo1(l)(d)(n, C.R.S.. to enter into wnaacts ad agreements sMoting the affairs of the Dkbiet: and ................................................................... ............................... . W��?RP.AS, the District hat antarod inIto a Subdivision .bZWMvements A.greeuient The Village (At Avon) FUing 3 dated..dun —+ 2004 (the ,,Sjkj with the Town of Avon, Colorado (the "Town ") =4 Trser Creek-RP LLC. a Colorado limited habilitY COMPIMy ( "Subdivideac'� ragardln8 the fuading andlor conaoruotion of public ra5caaftcWe 11n1nO"Me'ats in a mection with the approval of the I'iinal Plat of The Village (at Avon) Filing 3, Town of Avon, Ea& County, Colorado, and V►1,, p.A,S, the District it responsible for the poformawe and comPledon of public improvements assigned on Exhibit A ofthe 91A (tile"A {strict hWovemanWI; NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF DIRECTORS OF Cgy �OppI.ITAN DYSTRTCT AS FOLLOWS: TRAER 1. The Board of Dlteetm hereby finds, demminea and doclarct that it is in the best interest of 00 District to execute and doUver to the Town the S1A sad the apP offiem of the District ate hm'eby authorized to execute and deliver such SLA »o the Tows. 2. The Board of Directors hereby appropriates, res=cs and allows for tender to the Town pursuant to the SIA available funds of the District in an auq,ovoot not le" �• $3,025,273.20 (the " =ds") to gusmlee couatructlon of the District tmpro 3. The Hoard of Directors hereby certifies to the Town Counoll that the fiaada are unmumbmred and $ae from claims of others so that any request, of rho Town for payment =dcr the SIA nnay be prnrz pt1y bonored. The Board of Directors finagler eetifies to the Town Council that the Funds have been set aside in a aspens scoount and identified for die purposes recited herein and that such Futlda� f p ��ld�m� thell�l� of � ��ts of Section 29- 1- 803(1), C -R.S., for the purp Improvements. 4. This Resolution shall be renewed at the begiuning of each subsequent calendar year umfl RU the District Improvements have received fugal acceptance or until the District providm subvdtuto oollateral acceptable to the Town. 882178 Page: 13 of 14 {00lpZy3 DOCr.1) Teak i Simonton Eagle, CO 89 R 71 .00 6/2902 1 •33P 0 00 [SfGNA'1'TTitE PAGE FOA R>(tiSOL � I �ROVEMENTS A�� N OF b�NDg UNDER SVBDIVLU THE VMLAGE (AT AVON FILING 31 APPROVED AND ADOPM dtie �� datDave f 2 . M42a DISTRICT By. Atieat: 8 u plesme, Secretary II�WItl��II��II��N���IIN Bez�pB,,3P 0 0.00 R 71,00 TeaX j Simonton Eagle; CO (000j=3,wc vAj 2 Michael W. West & Associates, Inc. Consulting Engineers and Geologists August 17, 2011 Geologic:d, Geotechnicd, and Mountainous 'terrain P.ngimering Ms. Lisa Jacoby Traer Creek Metropolitan District 141 Union Blvd., Suite 150 Lakewood CO, 80228 EXHIBIT C 2 Inverness Drive Fast, Suite 106 Englewood, CO 80112 -5508 (720) 529 -5300 Fax: (720) 529 -5335 Toll Free: (877) 318 -2499 E-1AUI mwestr nvwestassoc.com www.m- west- assoc.cosn SUBJECT: Traer Creek - Construction Observation Report, Remedial Repairs to MSE Retaining Wall, Swift Gulch Road, Avon, Colorado. Dear Ms. Jacoby: This report describes our observations during repairs planned to an MSE retaining wall on Swift Gulch Road in Avon. The locations and extent of the repairs were designated in the field by the undersigned, in coordination with Traer Creek Metro District and the Town of Avon. Repairs were implemented in three reaches of the wall, each about 50 feet long. The repairs were accomplished in conformance with the approved plan and in accordance with the contract documents executed between the contractor, Slaton Bros. and the Traer Creek Metropolitan District, which included our report, detail, and specifications for this work dated April 12, 2011. Daily reports for our field engineer are attached to this letter. Slaton Bros. proposed substituting clean crushed stone for Class 1 backfill soils. This substitution was accepted by Traer Creek Metropolitan District on our advice. With this substitution, backfill testing was not required. If you have any questions concerning this report, please call. Very truly yours, MICHAEL W. WEST & ASSOCIATES INC. B Francis E. H 'son, P.E. 771 Principal Geotechnical En DAILY CONSTRUCTION REPORT Swift Gulch Road Wall Repair Avon, CO 8/3/11 Contractor: Slaton Bros. Weather: Clear, Sunny Equipment: small excavator, bobcat, vibrating plate compactor Summary of Activities /Discussion /Decisions: Slaton began repair activities today: • Repairs numbered 1, 2, and 3, east to west. • Shoring installed for all 3 repairs (144 linear feet). • Repairs 1 and 2 excavated and partially filled today. • Repair 3 excavated. Repair 1 notes: • Repair 1 is 29 %: blocks long. • Shoring consists of I beams, 8' long, 8' on center, lowest 4' grouted, upper 4' with lagging. • Top layer of (old) geogrid found 3 blocks down, plus cap block. • New backfill is #57 stone, no compaction testing required (per F. Harrison) • Existing (old) soil type is brown or yellow -brown clayey sand with gravel, includes some clay pieces. Observed some mixing of soil and drain rock behind wall face. Repair 2 notes: • Repair 2 is 14 %: blocks long. • Shoring as Repair 1(above). • Top layer of geogrid found 4 blocks down (plus cap) on E. side of step, 3 blocks plus cap on W. side of step. • Old and new soil types same as Repair 1. Repair 3 notes: • Shoring installed today, as Repair 1. • Excavation begun today. By: E Undenbach DAILY CONSTRUCTION REPORT Swift Gulch Road Wall Repair Avon, CO 8/4/11 Contractor: Slaton Bros. Weather: Clear, Sunny Equipment: small excavator, bobcat, vibrating plate compactor Summary of Activities /Discussion /Decisions: Slaton Bros. using plate compactor to vibrate #57 stone in all repairs. Repair 3 Notes: • Excavation of repair 3 completed today. • Repair 3 is 33 blocks long. • Upper geogrid 4 blocks plus cap down on E. side of step, 3 plus cap on W. side. • Ground conditions similar to repairs 1 and 2, except no drain rock noted behind wall face. Repair 1 Notes: • 118 blocks removed and replaced, total. • New geogrid layer added — 24 % blocks in length x 4' long. • Asphalt shingles used to shim block for proper batter. • Repair 1 completed today. Repair 2 Notes: • Discovered missing section of old geogrid, about 4.5 blocks long on west side. • 44 blocks removed and replaced, total. • New geogrid layer added, and missing section of old added —16.5 blocks x 4' to 5.3' long. • Shims used as at repair 1. • Repair 2 completed today. By: E. Lindenbach DAILY CONSTRUCTION REPORT Swift Gulch Road Wall Repair Avon, CO 8/5/11 Contractor: Slaton Bros. Weather: Partly Cloudy Equipment: small excavator, bobcat, plate compactor Summary of Activities /Discussion /Decisions: Repair 3 notes: • New geogrid placed along 60 blocks x 4' long. • 135 blocks replaced, total. • Repair 3 completed today. Remaining work items include placement of geotextile and soil cap, epoxy cap blocks in place, regrading and seeding, and clean up. By: E. Lindenbach DAILY CONSTRUCTION REPORT Swift Gulch Road Wall Repair Avon, CO 8/9/11 Contractor: Slaton Bros. Weather: Partly Cloudy Equipment: none Summary of Activities /Discussion /Decisions: Slaton Bros completed remaining activities and de- mobilized yesterday. Site reportedly checked by Town of Avon yesterday. Observed the following: • Geotextile and soil cap placed per detail. • Cap blocks placed per detail and epoxied in place. • Surface grading acceptable. • Block color and texture reasonably matches old construction. • Seeding and matting in place per specification. • Staging area cleaned up and regraded. • Bike path and roadway swept clean. • Construction debris removed. • No observable damage to roadway or bike path pavement. By: E. Lindenbach Memo To: Honorable Mayor and Town Council Initi Is Thru: Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Manager From: Justin Hildreth, P.E., Town Engineer --- Date: September 22, 2011 Re: The Village (at Avon) Filing 3 - Resolution No. 11 -14, Series of 2011, A Resolution Recognizing Certain Public Improvements Corrected during the Stipulated Warranty Period for Said Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 3, and Establishing a One -year Warranty Period for the Corrected Improvements Summary: Resolution No. 11 -14 attached as Exhibit A, recognizes certain public improvements having been identified and repaired during the warranty period in conformance with the Subdivision Improvements Agreement (SIA) for The Village (at Avon) Filing 3 Final Plat. Filing 3 generally consists of all streets, roads, bridges, walkways, drainage facilities, and utilities accessing and serving Filing 3, which include Swift Gulch Road and all associated improvements east of Buffalo Ridge apartments to Post Blvd and Post Blvd north of the 1 -70 interchange. The improvements have been substantially complete and functioning since 2005, and have been conveyed to Traer Creek Metropolitan District (TCMD). The warranty repairs include failure of the top 3 to 4 feet of the retaining wall supporting Swift Gulch Road east of the Buffalo Ridge apartments. The SIA is attached as Exhibit B. Previous Council Action: The Village (at Avon) Filing 3 Final Plat and SIA were approved by Town Council on June 08, 2004. On May 23, 2006, Resolution 06 -22 was approved, which approved the Traer Creek Metropolitan District improvements and established the one -year warranty period for the District portion of the public improvements. Discussion: The Village (at Avon) Filing 3 construction project was initiated in 2004. Several items were identified as requiring corrective action during a warranty walk- through of the project improvements in 2006. The inspection, observed movement of the retaining wall supporting Swift Gulch Road. At that time, the developer's engineer recommended that the retaining wall be monitored for further movement. The retaining wall was monitored for movement from November 2009 to May 2010 during which time the top of the retaining wall moved several inches in a couple of locations. Frank Harrison, P.E. of Michael W. West & Associates, Inc. was retained by TCMD to design the repair of the retaining wall. The repair work was completed in 2011 and the attached letter from Frank. E. Harrison, P.E. verifies the successful completion of the repairs (Exhibit Q. Staff recommends that the one -year warranty period for the repairs begin on August 17, 2011, the date of the letter from Frank E. Harrison, P.E. Staff recommends approval of Resolution 11 -14, series of 2011, for recognition of the warranty work items completed, and initiation of the stipulated one -year warranty period for said warranty items, which will expire on August 17, 2012. Staff will conduct a walk- through of all corrected warranty items prior to that expiration of the warranty in order to assess the quality of the work, and will recommend either termination of the warranty period or additional corrective action, if required. Recommendation: Approve Resolution 11 -14, Series of 2011, A Resolution Recognizing Certain Public Improvements Corrected during the Stipulated Warranty Period for Said Improvements Installed and Constructed in accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 3, and Establishing a One -year Warranty Period for the Corrected Improvements. Town Manager Comments: Attachments: Exhibit A — Resolution 11 -14 Exhibit B — Village (at Avon) Filing 3 Subdivision Improvements Agreement Exhibit C— Frank E. Harrison, P.E. letter