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
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. 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
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• (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
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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
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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
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i
0
EXHIBIT B
COST ESTIMATE OF IMPROVEMENTS
IIIIInI�VIII��VII�NIIIIIN�II�I��II e' ;' e , : ,.
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1�
4
Swift Gluch Road Traer Creek Metro District Unit Price Comparisons
24 MAY 04
882178
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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
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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