SPECIAL MEETING AGENDA 5:30-6:00 P.M. Joint Meeting with WECMRD Town Board of Trustees Tuesday, July 14, 2015 6:00 P.M. Regular Meeting Public Meeting Room / Eagle Town Hall 200 Broadway Eagle, CO This agenda and the meetings can be viewed at www.townofeagle.org. Meetings are also aired online at https://vimeo.com/channels/townofeagle/. NO. 1 ITEM WECMRD WORKSESSION Memo from Jon Stavney Letter from Eagle Ranch Concept Design Report VMDA Eagle Pool and Ice Rink RFP Response PUBLIC COMMENT Citizens are invited to comment on any item not on the Agenda subject to a public hearing. Please limit your comments to five (5) minutes per person. CONSENT AGENDA (Consent agenda items are routine town business, items which have received clear direction previously from the board, final land use file documents after the public hearing has been closed, or which do not require board deliberation.) 1 Minutes: June 23, 2015 (Town Clerk) 2 Bill Schedule TBOT July 14, 2015 1 Town Board of Trustees April 28, 2015 Page 2 NO. 3 ITEM Ordinance No. 19 (Series 2015) An Ordinance Of The Town Of Eagle, Colorado Correcting A Clerical Error Contained In Ordinance No. 03, Series Of 2015, An Ordinance Of The Town Of Eagle, Colorado Adopting By Reference As Primary Codes The ANSI/ASME Safety Code For Elevators And Escalators, A17.1 - 2013 Edition, Promulgated By The American Society Of Mechanical Engineers And The International Code Council, And The ANSI/ASME Safety Standard For Platform Lifts And Stairway Chair Lifts A18.1 –2011 Edition Promulgated By American Society Of Mechanical Engineers And The International Code Council; Amending Subsection (X) Of Section 13.03.020 Of The Eagle Municipal Code; Repealing All Ordinances Of The Town Of Eagle, Colorado, In Conflict Or Inconsistent Herewith; Providing Penalties For Violation Of The Provisions Of These Codes; And Providing For The Effective Date Of This Ordinance And The Codes Adopted Herein By Reference. (It was discovered during an update of the Town Code Book that this language references the wrong section. This Ordinance passage merely corrects the numbering reference.) 4 Intergovernmental Agreement with Eagle County for Design, Lease and Use of the Future Eagle River Park (This agreement was on our last agenda. Eagle County did approve this language just prior to our last Board date, however, we did not officially approve the Mayor to sign.) 5 Award of Contract for Nogal Park improvements to Backyard Irrigation, Inc. Memo from Assistant Town Engineer Kevin Sharkey (Project is within budget largely due to Public Works self-performing the pre work. This was the lowest competent bid of three received to complete work at Nogal Park.) LAND USE 1 Project: File #: Applicant: Location: Staff Contact: Request: Second Street Suites Hotel DR15-05 Daniel Ritsch (Wall Street Family Partners, LLC) 120 Second Street & 214 Wall Street Matt Farrar (Assistant Town Planner) Major Development Plan review of a 23-unit boutique hotel. (Applicant requested this item to be continued until August 11, 2015 Town Board Meeting) 2 Project: File #: Applicant: Location: Staff Contact: Request: Second Street Suites Hotel MS15-02 Daniel Ritsch (Wall Street Family Partners, LLC) 120 Second Street & 214 Wall Street Matt Farrar (Assistant Town Planner) Minor Subdivision to consolidate two tax lots into one larger lot. (Applicant requested this item to be continued until August 11, 2015 Town Board Meeting) TBOT July 14, 2015 2 Town Board of Trustees April 28, 2015 Page 3 DECISIONS, ORDINANCES, RESOLUTIONS & MOTIONS 1 Ordinance No. 16 SECOND READING An Ordinance Of The Town Of Eagle, Colorado Adopting By Reference As Primary Codes The National Electrical Code 2014 By The National Fire Protection Association; Amending Certain Sections Of The National Electrical Code; Amending The Electrical Permit Fees And Repealing All Ordinances Of The Town Of Eagle, Colorado, In Conflict Or Inconsistent Herewith; Providing Penalties For Violation Of The Provisions Of These Codes; And Providing For The Effective Date Of This Ordinance And The Codes Adopted Herein By Reference. (Building Official) (No changes from first reading. This needs to be opened for public comment.) 2 Proposed Election Notice to Eagle County Clerk regarding November ballot measures for Town of Eagle (Proposed items are for broadband improvements, fitness facility funding and Eagle River Park improvements.) CML Memo Eagle County Timeline 1 MANAGER ITEMS Eagle Valley Land Trust Legacy Festival – August 8, 2015 (Cow Patty Bingo at Town Park) 2 River Corridor RFP (Staff proposing entering into RFP for river engineering with estimated cost of bid award in range of $100,00-$150,000.) 3 Old Town Hall Reuse Workshop (FYI regarding upcoming event.) Wood Park Improvements (Company has volunteered work at Brush Creek and Interstate restoration.) 1 2 CLERK ITEMS Sales Tax Information/Mid Quarter Update (New numbers for April and May collections) Citizen Trash Survey (Staff requests board review survey prior to issuing.) OPEN DISCUSSION & BOARD COMMENTS FUTURE AGENDA ITEMS ADJOURN TBOT July 14, 2015 3 MEMORANDUM TO: Town Board of Trustees FROM: Jon Stavney, Town Manager SUBJECT: WECMRD/TBOT Joint Work session on Fitness Expansion Funding DATE: 14 July 2015 Board, The concept of WECMRD and TOE jointly funding a 6,000 sf expansion of the Pool and Ice Facility to accommodate multi-purpose rooms and Fitness (likely with equipment from Eagle Ranch Fitness) has reached a point where the discussion would benefit from an in-person, boardto-board discussion of how best to finance the overall project, or whether to move forward. The current request from WECMRD is for $40,000 from the town to pay for half of the expanded scope of design right now. Attached is a smaller scope of design with only two multi-purpose rooms which WECMRD was prepared to fund on their own. WECMRD staff estimates that the larger project (with fitness) would range between a $1,000,000 and a $1,500,000 project. If bathrooms or any other add-ons emerge, like a storage or shade area for outside events, etc it is not difficult to conceive of modest changes pushing the project to the $2,000,000 level. Because of the cost share concept, which is how the facility was funded in the first place over 10 years (and how the later Gypsum Rec Center was funded), town should plan to set aside half of that range of costs. Eagle Ranch HOA has requested a seat at the table as this project gets planned (see attachment), though their commitment is tentative and mainly entails not running a competing fitness facility and expressing a desire to discuss value of fitness equipment they already own. In reviewing the budget with Jill last week, we believe strongly the following: 1. Town could pay $40,000 out of General Fund balance which is projected to be right at $1,000,000 at the end of the year. It is the only place where these funds could be allocated right now. There are many other needs in the General Fund. Revenues are better than projected, but not by much. 2. Neither design or future construction costs can be covered in the Capitol fund given other priorities and current revenue projections. Recall that TOE did not TBOT July 14, 2015 4 3. 4. 5. 6. budget for roughly the same estimated 50% cost share for the larger project during 2015 budget discussions The Capitol fund has fund balance already projected at $150,000 which is very low. The board funded many deferred equipment costs in 2015, there are more necessary replacement costs on the horizon. Revenue into the fund is not projected to be robust enough to cover next years scheduled purchases on the 10 year vehicle, equipment, facilities or streets plans, let alone for a wish list project. Conservation Trust fund does not have sufficient balance to cover this cost this year. Income is only about $30,000 each year. The ballot language for the Open Space Fund does not fit the description of this project. If the board wishes to fund this project, staff recommends putting the matter on the November ballot as a property tax increase. Our recommendation is to ask Town voters to fund our 50% share of the project through a 2 mil increase over 5 years, which would bring in approximately $1,000,000 to cover this expansion, and if the project comes in on the low end of projections, some related improvements at the facility could be funded with the balance. Of course this could be a lower mil for a longer period of time. That really gets back to a conversation with WECMRD about financing the project, and about the politics of what voters may approve. Gypsum financed their half through 1% sales tax increase which has now expired, TOE cannot raise sales tax beyond current level. TOE just paid off a 10 year note against the town hall in 2015 which financed the original project. Staff preference would be to save the $40,000 on design until after November. WECMRD is very eager to carry forward with design, since this extended conversation has already delayed their desired schedule. If the towns participation is contingent upon a ballot question, and if the voters turn it down, $40,000 is roughly what the town is expected to spend on replacing two police or two public works vehicles next year. Questions for Discussion: 1. 2. 3. 4. Are there any other solutions to financing this project not yet on the table? If town went to the voters, how would the project scope and schedule be effected? Is this expansion going to cover P&I facility/campus needs for next 10 years? P&I campus plans are expected to ramp up with Haymeadow and with ECSD plans after partial build out of Haymeadow for joint master planning 35 acre campus. This is likely to be at 10 to 15 year horizon. What should be happening between now and then with the property, or with improvements to existing facility? 5. Does WECMRD have plans to go to voters for regional facility enhancements in coming years? Could this be combined with that question? 6. WECMRD is eager for this project because it has money right now, and because it will help better cash flow the facility. Is there a scenario where WECMRD would proceed without the town’s involvement? 7. Is Eagle Ranch HOA involvement being fully leveraged? TBOT July 14, 2015 5 TBOT July 14, 2015 6 EAGLE POOL AND ICE RINK FACILITY EXPANSION MARCH 18, 2015 BARKER RINKER SEACAT ARCHITECTURE TBOT July 14, 2015 7 TBOT July 14, 2015 8 ADDITION: CONCRETE PATIO: +/- 1,300 SF 1,110 SF TBOT July 14, 2015 9 EXISTING PROPOSED TBOT July 14, 2015 10 EXISTING PROPOSED TBOT July 14, 2015 11 EXISTING PROPOSED TBOT July 14, 2015 12 EXISTING PROPOSED TBOT July 14, 2015 13 EXISTING PROPOSED TBOT July 14, 2015 14 PRELIMINARY SCHEDULE 3/18 4/15 6/1 7/1 11/1 Present Concept to WECMRD Board Eagle Town Approvals/Start Design Development 2 weeks Design Development 4 weeks Construction Documents Submit for Building Permit 4 week review period 100% CDs Complete/Permit Approval/Break Ground 16 week construction period Open Date TBOT July 14, 2015 15 0090 WEST BENCHMARK ROAD SUITE 207, P.O. BOX 5300 AVON, CO 81620 970/949 5200 FAX 949 5205 WWW.VMDA.COM JUNE 10, 2015 Supplemental RFP Response from VMDA Eagle Pool and Ice Rink Eagle, Colorado 81631 Victor Mark Donaldson Architects 0090 West Benchmark Road Suite 207 Avon, Colorado 81620 970-949-5200 970-949-5205 Fax Contact: Mark Donaldson, Principal markd@vmda.com Chris Juergens, Principal chrisj@vmda.com www.vmda.com Chris Juergens Mark Donaldson TBOT July 14, 2015 16 2. General Statement of Qualifications We toured your Project with Sheryl on Friday April 10, 2015 and recently discussed the current Scope of Work and Project expectations with Steve Russell, Executive Director. We have a good understanding of your Project Goals and Objectives and look forward to any additional questions or information you may require. We understand your Project is now scheduled to be completed by November 1, 2016. Our Schedule is included in Section 6 and is intended to meet your Objectives. VMDA possesses unique in-house skill sets for the benefit of your Project with Architectural Design and Documentation, Interior Design, FF&E Selections and Specifications performed in-house by our own Staff. Our reputation among HOA Boards and Municipal organizations is that we routinely build consensus among stakeholders and manage our Schedules and Budgets, as committed. We enjoy terrific reputations among our Clients for consistently delivering our design and documentation Work Product efficiently and effectively, which leads to Community ‘buy-in’. Uniquely, VMDA often provides our Services on an Hourly Basis with negotiated not-toexceed limits where applicable. When doing so, we provide our detailed Time Sheets, by Employee, by Task with our Monthly Invoices. Many Clients enjoy this benefit as it allows for a fair portrayal of our expended Professional Time and Reimbursements. If the time is not spent, it is not invoiced. We will be happy to provide that benefit for the Eagle Pool and Ice Rink Project. Specifically for your Project, we offer the following observations regarding VMDA Experience and Qualifications: 1. We are highly experienced in renovations of many types of Buildings in Eagle County and understand the importance of integrating existing MEP and LowVoltage Lighting Systems and other Mechanical and Electrical efficiencies for such Building Additions. We have therefore selected Schendt Engineering as our MEP Consultant due to their vast experience and track record. 2. VMDA is highly experienced in development of competitive Bid Documents for such Remodels and Additions. In the last 2 years we executed multiple projects where the Cost of Construction varied less than 5% between Bidders. VMDA has a history of over 37 years in the Eagle County and believes in representing the Owner’s interests in a fair and equitable manner. We typically conduct these Bid processes with prequalified General Contractors, then level the Bids for your review and provide you our recommendations. TBOT July 14, 2015 17 3. Our experienced team understands Town of Eagle requirements and those of local Authorities Having Jurisdiction as we routinely work effectively with them for a smooth entitlements and permitting process. 4. During Construction we provide oversight for compliance with the Construction Documents and Design Intent. VMDA typically provides this service on 90% of our Projects. 5. VMDA will review Pay Applications and Change Orders in a fair and equitable manner for compliance with the Contract Documents. Over the last 3 years, Chris Juergens, Principal has reviewed over 75 such Pay Applications. Thank you for your consideration of VMDA, we offer the following closing general remarks regarding our core values which we will bring to the benefit of your Project. We build consensus among community members, knowing it is paramount to true success. The VMDA Team has been doing this for years and it remains a Core Value among our Delivery of Services. Our experienced VMDA team consists of dedicated professionals who are devoted to our Core Values. Our experience allows us to assist the Development Team to anticipate pitfalls, challenges and risk brings timely resolution. We are creative and know there is always more than one way to solve each unique challenge as presented. VMDA believes in a collaborative effort among the Owner, Design Professionals and the Community. In working with many new and remodel Projects, there are opportunities to improve the Project to the benefit of the Owners during the course of Design Development and Construction Documentation. VMDA is tenacious and continually seeks ways to improve a Project to deliver additional value. VMDA represents its Clients vigorously throughout the Project. This includes but is not limited to working as a team with the General Contractor to ensure the Budgets and Schedules are achieved, as identified & committed. VMDA is respectful of Budget parameters and other constraints and we believe in working together as a unified Team to maintain and manage all Objectives. Respectfully, Mark Donaldson, Principal Chris Juergens, Principal TBOT July 14, 2015 18 3. Personnel: A. We provide the following list of VMDA Professional and Support Staff: Chris Juergens, LEED AP, Principal Mark Donaldson, Principal Alyson Leingang, Interior Architecture Brent Crouch, Project Architect Glenn Harakal, Project Architect Amy Salter, Project Architect Miscellaneous Administrative, Bookkeeping, Accounting Professionals B. We propose these specific VMDA Team Members for your Project: Chris Juergens, Principal: Has managed and directed Design and Construction Documents and delivered Client services for dozens of Remodels and Additions for Public, HOA, Commercial and Recreation Projects in his 17 years of practice with VMDA. His personal communication style and effective delivery is demonstrated in his references and by reputation in the development community. Alyson Leingang: Specializes in Interior Architecture for Commercial, HOA, Residential and Public Remodels and Additions and is scheduled to bring her 15 years of experience to your Project. Brent Crouch, Project Architect: Has prepared numerous Construction Documents for a wide range of Commercial, HOA and Municipal Projects in his 22 years of practice. He is scheduled to take the lead for Bid and Construction Documentation for your Project. We also provide the following relevant Professional References for similar Project Types, Scope of Work and Project Budget: Meryl Jacobs (retired), Avon Director of Recreation: The VMDA Staff competed for and worked with Mrs. Jacobs on a series of Avon Recreation Center Remodel and Additions over a period of 10 years as listed below. She may be reached at 970 926-2145. o o o o o Locker, Showers and Changing Room Remodel/Refurbishment Mezzanine In-Fill for Recreation Staff & expanded Aerobic Area Day Care Remodel & Expansion Relocation of Main ADA Entry and Remodel Heat Recovery/Pool Heating Building Addition Randy Smith, General Manager St. James Place Hotel & Condominiums: The VMDA Staff competed for and provided Design TBOT July 14, 2015 19 and Construction Document and Contract Administration Services for Expansion, Repurposing and Refurbishment of Common Areas, Entry Vestibule and Pool Room. The Project consisted of Phase 1 (AUG 2012), Phase 2 (JAN 2013) and Phase 3 (MAY 2014). He may be reached at 970 845-9300. Tracy Erickson, Executive Director Homestead Court Club: The VMDA Staff competed for and provided Design and Construction Documents and Contract Administration Services to Re-Program, Re-Purpose, Expand and Remodel the HCC Facilities. He may be reached at 970 390-7974. C. The VMDA Team of additional Professional Consultants are as follows: Monroe & Newell Engineers (Avon, CO): Peter Monroe, PE, Principal will lead the Structural Engineering Team with VMDA. They are located in the same office complex as VMDA and have worked with VMDA for over 26 years. Martin/Martin Consulting Engineers (Avon, CO): Mark Luna, PE, Senior Civil Project Engineer will lead the Civil Engineering Team with VMDA. We have worked with them on a variety of Projects in the last 4 years. Mechanical, Electrical & Plumbing Engineering: To address the extension of and/or addition to existing MEP Systems, VMDA proposes Schendt Engineering, Inc. as the appropriate firm for your Project. END 3 PERSONNEL TBOT July 14, 2015 20 0090 WEST BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 WWW.VMDA.COM VICTOR MARK DONALDSON, PRINCIPAL VICTOR MARK DONALDSON ARCHITECTS Mark has 36 years experience in Eagle County, CO with a wide range of professional experience on numerous site and building specific envelope solutions. These Projects include Institutional, Government, Special Districts, Commercial and Private Sector Client Groups. Project Experience: Village Hall/Beaver Creek Mall Renovation Planning for Avon Town Square Joint Venture Beaver Creek Ski School Renovation Marriott’s Streamside at Vail Glenwood Springs Ford Dealership Reilly Estate Village Hall Parking Structure Renovation City Market – Eagle, CO Vail Commons/City Market Village City Market – Silverthorne Renovation Buffaloes – Vail Mountain Restaurant Avon Municipal Complex & Renovation Marriott Courtyard Hotel – Lot C Planning Lot C – PUD Entitlements & Land Planning Avon Crossing Condominium Town of Avon Recreation Center Refurbishment Vail Inter-Faith Chapel Renovation Mountain Center Renovation Beaver Creek Metro District Operations Facility Beaver Creek Resort Executive Offices Beaver Creek Reception Center Refurbishment Vail Resorts Regional Distribution Center Medical Clinic – New Castle, CO Metcalf Commercial Park Quayle Residence Avon Chamber of Commerce Offices 45 Forest Road Vail Daily Regional Headquarters Seasons at Avon Refurbishment/Expansion Clocktower Place Confluence – PUD Entitlements & Land Planning Vail Timber Ridge Education: Bachelor of Architecture, Texas Tech University, 1973 Registration: Licensed Architect, State of Colorado, Registration #B-1348 NCARB Certificate #24140 Licensed Architect, State of Texas, Registration #22870 Community Associations & Public Service: Echo Ranch Children’s Home (501.C.3), Founding Director (12 years) Avon Planning Commission (6 years) Regional Fire Authority (1 year) Eagle County Planning Commission (4 years) Eagle County United Way, Founding Director (2 years) Avon Metropolitan District Board, Director (1 year) Mount Holy Cross Lutheran Church Board (4 years) Avon Building Department Board of Appeals, Chairman (4 years) TBOT July 14, 2015 21 0090 WEST BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 WWW.VMDA.COM CHRISTOPHER D. JUERGENS, PRINCIPAL, LEED AP B+NC VICTOR MARK DONALDSON ARCHITECTS Chris joined VMDA in 1997 and has been involved in numerous Residential & Commercial Projects throughout Eagle County, CO. He is fully engaged in our Projects from Start-Up of Planning, Design, Permitting and all the way though Construction close-Out. Chris has been a full partner in VMDA for over 6 years. He is known for his ability to listen & respond effectively among Clients, a Client Group, Consultants, Co-Workers & Contractors while adhering to Project Requirements, & Design/Zoning Regulations. Chris possesses outstanding personal, effective communication skills with Development Team Members, making him a true asset in positions of Planning, Design, Project Administration & Program/Budget Evaluations. Within VMDA, he manages our office Project Staffing, coordinates Quality Control & Quality Assurance within Phases and among the Staff. Chris is highly experienced in Building Code analysis and manages the coordination & integration of each Consultant’s Work Product into our phased project delivery. Project Experience Village Hall Renovation Vail Inter-Faith Chapel Refurbishment Land Planning for Lot C Planning for Avon Town Square Joint Venture Mountain Center Renovation Town of Avon Recreation Center Refurbishment Beaver Creek Ski School Renovation Beaver Creek Metro District Operations Facility Glenwood Springs Ford Dealership Potato Patch Club Planning for Confluence Beaver Creek Reception Center Refurbishment Vail Resorts Regional Distribution Center Marriott’s StreamSide Clubhouse Reilly Residence Beaver Creek 45 Forest Road Residence Lodge at Vail Remodel Vail Timber Ridge Planning Mountain King Ranch Homestead Court Club Refurbishment Pines at Keystone Barrancas Remedial Construction Repairs Creekside at Beaver Creek St. James Place Refurbishment Education: BIarch, Kansas State University 1997 Regional & Community Planning Certificate, Kansas State University 1997 Associations: Eagle County Zoning Board of Adjustment Since 2000 Eagle County Building Board of Appeals Since 2000 President of Red Canyon Townhome HOA Board of Directors Since 2000 Westin Riverfront Board of Directors Since 2008 TBOT July 14, 2015 22 L. MARK LUNA, PE Associate, Civil Engineering Education: University of Colorado, Boulder, BS Civil Engineering, 1990 Registrations: Professional Engineer – Colorado 32753 Affiliations: American Society of Civil Engineers Mr. Luna’s work has focused on complete site development for several projects in the Eagle County area. His background experience includes projects in both the public and private sectors. Mark has 24 years of experience including resort development, public schools, municipal pathways, single and multi-family residential developments, roadway and utility design projects. Mark joined Martin/Martin in 2011 and has managed and scheduled numerous projects, prepared specifications and project manuals, provided construction management and has been responsible for budgeting, invoicing and staff allocation for a variety of project types. Representative project experience includes: Vail Ford Park Improvements (Phase 1), Vail, Colorado – Master planning and construction documents for utility installation and structural wall design for The Town of Vail at Ford Park. Plan includes new restroom facilities and reconfiguration of delivery routes to the amphitheater. Vail Ford Park Improvements (Phase 2), Vail, Colorado – Reconstruction of bus stop and shelter, parking lot, numerous walkways throughout the Park, a restroom structure, trash enclosure, Frontage Road widening, 500 LF of watermain, 200 LF sanitary sewer, 1,430 LF of storm sewer, and reconstruction of the ball fields which included artificial turf. Vail Ski Club, Vail, Colorado – Site redevelopment of the club at the base of Golden Peak. Includes drainage, utilities, and underground parking. One Willow Bridge, Vail, Colorado – Civil engineering services for a new hotel/retail development. Consists of an underground parking structure connected to an adjacent hotel. Elements included coordination with underground structures, grading of pool area over structure, floodplain issues, underdrain systems and various utility improvements. Frisco Peninsula Recreation Area, Frisco, Colorado* – Design of adventure park that includes a tubing hill and new day lodge. Included approximately 4000 LF of roadway, 4000 LF of pathway, parking lots, drainage, plaza design and building site design. Freedom Park, Edwards, Colorado* – The park design incorporated a recreation area that included a play area, spray park and skate park. Project required management of different design entities and coordination of those designs into one project. Apollo Park, Vail, Colorado* – 4-building condominium complex. Included building reconstruction of two buildings and new parking structure. New water and sewer mains were upgraded to meet district standards. ADA compliant access was required on all sidewalks. Round Up River Ranch, Dotsero, Colorado* – Design of approx 6,000 LF of roadway and 3,300 LF of ADA recreation pathways on a 40+-acre site adjacent to the Colorado River and Colorado River Rd. A camp for children with serious illnesses, this project includes value engineering to minimize earthwork, grading to accommodate ADA needs recognition of floodplain limits and site utilities, drainage studies, County approvals. Marriott Residence Inn, Vail, Colorado – Redevelopment of existing Roost Lodge into the nearly 135,000 SF Marriott Residence Inn with outdoor pool plaza, below-grade parking, driveways, and on-grade parking. Summit County District Attorney’s Office, Breckenridge, Colorado – Civil/structural engineering services for conversion of the former Summit County South Branch Library into a 7,000 SF office building. 980 North Ten Mile Drive, Frisco, Colorado – Design of 2.4-acre commercial development along Hwy 9. Numerous site constraints required creative drainage design practices, including the accommodation of two existing CDOT culverts that historically discharged onto and drained across the site. * indicates projects with previous firm TBOT July 14, 2015 23 Peter D. Monroe, P.E. Principal Years Experience 43 Years Total 25 Years with Monroe & Newell Engineers, Inc. Education University of North Dakota Bachelor of Science, Civil Engineering, 1969 Professional Registrations Colorado License No. 12082 Utah Professional Structural Engineer License No. 272645-2203 Wyoming License No. 9017 Idaho License No. C-1246 Peter is licensed in several other states. Full licensing information available upon request. Professional Affiliations American Institute of Architects Professional Affiliate Colorado State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors- Past Chairman Council of American Structural Engineers- Past Director Key Qualifications Peter Monroe is a founding Principal of Monroe & Newell Engineers, Inc. Since 1987, the firm he has lead has provided structural engineering on the majority of the projects completed in Eagle County. The projects range from residence additions for neighbors to some of the valley’s most noteworthy projects including The Gerald R. Ford Amphitheater, The Vilar Center and Two Elk Restaurant . His primary role as a consultant is to provide creative solutions to the architect and to the owner that satisfy each project’s needs. Delivering successful projects has enabled him to maintain long-term clients for many years and multiple projects. Relevant Experience Town of Vail Maintenance Facility Addition Vail, Colorado Vail Commons Vail, Colorado ArraBelle at Vail Square Vail, Colorado Vail’s Front Door Vail, Colorado Market Square Village Center Beaver Creek, Colorado West Vail Fire Station Vail, Colorado Town of Vail Employee Housing Vail, Colorado Glenwood Springs Municipal Building Glenwood Springs, Colorado Swift Gulch Maintenance Facility Avon, Colorado www.monroe-newell.com TBOT July 14, 2015 24 SCHENDT ENGINEERING CORPORATION PROJECT TEAM RESUME CHRIS D. ACKERMAN, P.E., CxA, CCP, CEM, CGD, LEED AP Senior Mechanical Engineer Schendt Engineering Corporation EDUCATION Bachelors of Science, Architectural Engineering Kansas State University, 1998 2912 Beacon Street Colorado Springs, CO 80907 Phone: 719-637-8850 Fax: 719-632-0300 cackerman@secengr.com PROFESSIONAL REGISTRATION Colorado No. 37716 New Mexico No. 17847 Wyoming No. 11291 Utah No. 6817487-2202 South Dakota No. 9825 CERTIFICATIONS CxA (Certified Commissioning Authority) through the AABC Commissioning Group (ACG) CCP (Certified Cx Professional) through the BCA CEM (Certified Energy Manager) through the AEE CGD (Certified Geo-Exchange Designer) through IGSPHA LEED Accredited Professional OSHA Construction Safety and Health Certificate EMPLOYMENT HISTORY OCT 2014: BESECx, Inc. merges with Schendt Engineering Corp. 2011-2014: Vice President of BESECx, Inc., Colorado Springs, CO 2003-2011: Farnsworth Group, Colorado Springs, CO 1998-2003: ME Engineers, Colorado Springs ORGANIZATIONS AEE (Sr. Member Association of Energy Engineers) ASHRAE (American Society of Heating, Refrigeration, and AC Engineers) PROFESSIONAL EXPERIENCE SUMMARY Mr. Ackerman has over fifteen years of engineering experience in the commissioning and design of mechanical, electrical, and plumbing systems. His project experience ranges from healthcare, military, industrial, educational, office, retail, to resort facilities. Chris’ system specialty portfolio includes geo-exchange (ground-coupled or geothermal heat pumps), thermal (ice) storage, heat recovery systems, and various other high performance sustainable systems. SELECT DESIGN & COMMISSIONING PROJECTS o Los Alamos County Municipal Complex, Los Alamos, NM o Safeway Stores (4) Facility Condition Assessments o Ft Carson Evans Army Community Hospital Recovery Alterations o PCAPP-EDS Pueblo Chemical Depot FCC, Pueblo, CO o SDARNG (South Dakota Army National Guard) Vehicle Maintenance Facilities Assessment and Mechanical Improvements Design o School District 11 Palmer High School Boiler Replacement o ALIO Industries Facility (Geo-Exchange), Aurora, CO o Ft Carson Buildings 1227, 1855, & 2356 Dental Clinic Renewals o Ft Carson Building 7500 Radiology Women’s Health / MRI Addition o Fort Huachuca Medical Clinic, Ft. Huachuca, AZ o Fort Riley, KS Dental Clinic #3 Renewal Commissioning o SD11 Wasson High School 2013 Renovations, Colorado Springs o The Children’s Hospital, Univ of CO Health Sciences, Aurora, CO o Boulder Community Hospital Foothills, Boulder, CO o Evans Army Hospital, Sleep Lab Renovation design, Fort Carson, CO o Colorado Springs School District 11: over 20 Cx & RCx projects o Verizon Wireless NEC, Colorado Springs o Water Quality Laboratory, Colorado Springs Utilities, Colorado Springs o Invasive Species Research Laboratory, Ft. Collins, CO o Opuswave, Colorado Springs, Colorado o Focus on the Family Welcome Center, Colorado Springs, Colorado o Auraria Performing Arts Center, Denver, Colorado o Lambeau Field Renovations, Green Bay, Wisconsin TBOT July 14, 2015 25 SCHENDT ENGINEERING CORPORATION PROJECT TEAM RESUME Michael Brubaker, P.E. CEA, CxT Mechanical Engineer Schendt Engineering Corporation 2912 Beacon Street Colorado Springs, CO 80907 Phone: 719-637-8850 Fax: 719-632-0300 mbrubaker@secengr.com CERTIFICATIONS CxT (Certified Commissioning Technician #1071-211) through the AABC Commissioning Group (ACG) CEA (Certified Energy Auditor #1570) through the AEE Mitsubishi Diamond Designer 2 – EnergyPro OSHA Construction Safety and Health Certificate #002591098 EDUCATION Bachelors of Science, Mechanical Engineering University of Colorado at Colorado Springs PROFESSIONAL REGISTRATION Colorado EMPLOYMENT HISTORY OCT 2014: BESECx, Inc. merges with Schendt Engineering Corp. 2013-2014: BESECx, Inc., Colorado Springs, CO 2009-2013: Farnsworth Group 2007-2009: School District 11 Engineering Intern ORGANIZATIONS AEE (Sr. Member Association of Energy Engineers) ASHRAE (American Society of Heating, Refrigeration, and Air Conditioning Engineers); Pikes Peak Chapter Officer 2013-14 PROFESSIONAL EXPERIENCE SUMMARY Mr. Brubaker offers our clientele over six years of both design and commissioning experience. Through his skill set developed from integrated system design experience, numerous building energy audits, existing building retro-commissioning processes, and functionally testing new building energy systems, Michael consistently provides an excellent HVAC system design product integrated with a project’s architectural elements and well-coordinated with other disciplines. He is currently the lead designer managing multiple new construction and renovation design projects featuring ground coupled water-source (geothermal) heat pumps and variable flow refrigerant systems. SELECT DESIGN & COMMISSIONING PROJECTS o Los Alamos County Science Center, Los Alamos, NM o School District 11 Palmer High School Boiler Replacement o ALIO Industries Facility (Geo-Exchange), Aurora, CO o Building 7304 Army Retention Offices HVAC Upgrades, Ft. Bliss, TX o School District 20 Rockrimmon HVAC Upgrade, Colorado Springs, CO o SD20 Rampart High School Boiler Upgrade, Colorado Springs, CO o SD20 The Classical Academy, Colorado Springs, CO o SD11 Howbert Elementary School Addition, Colorado Springs, CO o 38 State Brewery, Littleton, CO o Evans Army Community Hospital Chiller Upgrades at Fort Carson o Evans Army Community Hospital 4th & 5th Floor Renovations o PCAPP-EDS Pueblo Chemical Depot FCC, Pueblo, CO o Los Alamos County Municipal Complex, Los Alamos, NM o Los Alamos County Science Center, Los Alamos, NM o Wind River Job Corps Campus (Geo-Exchange), Riverton, WY o Warrior in Transition Battalion and Company HQ, Fort Carson o SDARNG (South Dakota Army National Guard) Vehicle Maintenance Facilities Mechanical Improvements Design: o CSMS-2, Rapid City, SD; UTES, Sioux Falls, SD o FMS-4, Webster, SD; FMS-8, Brookings, SD o SDARNG Combined Services Maintenance Shop RTU Replacement o City of Fountain Utilities Customer Service Department, Fountain, CO o RFTA Aspen Bus Maintenance Facility, Aspen, CO o BCHA Josephine Commons Phase I & II, Lafayette, CO o City of Fort Collins Utility Service Center Boiler Upgrade TBOT July 14, 2015 26 4. Additions Renovations VMDA has successfully completed many new Projects and extensive Remodels & Refurbishments over the last 38 years in our mountain communities. VMDA has worked extensively with Municipal Boards, Home Owner Associations and Special Districts for Public Projects. For many Projects VMDA has been selected due to Principal involvement, value oriented Professional Hourly Rates, extensive checking and verification of Professional References and our extensive experience for the projects described below. Each of these Projects involved Public Presentations where Concepts and Design solutions were presented in a clear manner in order to gain community support and/or Public Entitlements. 4A. Current Projects in Progress Job Number Project Name Status Value 1204 Sandstone 70 Decks Under Construction $60,000 Completion Schedule 1-Jul-15 1220 Barandy Residence Under Construction $950,000 1-Jun-15 1324 Potato Patch Maintenance Driscoll Residence Permitting $200,000 Sep-15 Permitting $500,000 Nov-15 Under Construction $2,200,000 Nov-15 1357 Creekside Beaver Creek Soleil Homes $800,000 Nov-15 1404 100 Vail Road $8,000,000 Nov-16 1413 22 Strawberry Park $2,200,000 Feb-16 1420 ATS Tenant Work Construction Documents Construction / Interiors Construction Documents Permitting $60,000 May-15 1421 Duggan Residence $1,000,000 Mar-16 1422 Metcalf Lofts Construction Documents Under Construction $200,000 May-15 1503 66 Rabbit Brush Under Construction $200,000 Jul-15 1504 Frost Townhomes Design $160,000 Nov-15 1505 Vail Racquet Club Design $200,000 Nov-15 1507 Eagle River W/S Office Under Construction $43,000 Jul-15 1346 1352 4B. Last Three Commercial Projects: Below are 3 highlighted Projects relevant to your Eagle Pool & Ice Rink Project. In each instance, VMDA was involved closely with the Board of Directors or group of Community Personnel to establish the Program, manage the Budget and develop Design solutions responsive to the Program challenges and execute the Construction of the Project. St. James Place Hotel and Condominiums - Beaver Creek, CO: The 100+ Unit Condominium/Hotel in Beaver Creek Village was built in the early 1980’s. VMDA was retained by the Board of Directors to Renovate the Pool and Lobby areas, create a new Entry Feature and develop new Exterior Color Concepts. VMDA also provided Interior Design Refurbishment Services for the Project. TBOT July 14, 2015 27 Phase 1 of this project included Refurbishment of the Pool area was completed timely in the fall 2012. Phase 2 included Refurbishment of the Lobby the new Entry Feature and new Exterior Colors and was also completed timely in 2013. VMDA was rehired in fall of 2013 to continue upgrades through the Common Area Corridors, Elevator Lobbies and other Common Areas. This Association was the beneficiary of a properly funded Reserve Account and no Special Assessments were required for this series of Projects. Project Similarities / Lessons Learned: A. Developing consensus among two Boards who had had recent bad experiences on with a different group of Consultants. The Board had their guard up strong when VMDA started their Project. It was imperative that VMDA develop a level of trust with this Board and their Homeowners. This trust was built with clear communication of Design Concepts, clear Scheduling of Project Milestones and meeting established deliverables. B. Work closely with an Owner’s Representative to establish a Budget which was managed successfully throughout the duration of construction. C. In a Remodel of this vintage, it is important to plan for concealed conditions. In this case there was additional Work not completed by the original General Contractor. There were monies budgeted from the outset and these costs were included in the overall budget projections. D. Each of these Projects listed below were done under tight time constraints to fit within the window of time available between seasons. There was a spring and fall window available for each time frame. Total Project Area Renovated: 15,000 SF. This Project was divided into 3 separate Projects with 3 separate Budgets that totaled $2,100,000. Pool Refurbishment and Upgrade: Initial Project Budget: $350,000.00 Final Project Budget: $350,000.00 Date of Bid: August 2012 Scheduled Completion Date: November 19, 2012 Actual Completion Date: November 19, 2012 Change Orders: $0.00 (Allowances were built into the budget to anticipate concealed conditions). Lobby Renovation and Addition: Initial Project Budget: $900,000.00 Final Project Budget: $900,000.00 Date of Bid: January 2013 Scheduled Completion Date: June 12, 2013 Actual Completion Date: June 12, 2013 Change Orders: $0.00 (Allowances were built into the budget to anticipate concealed conditions). Common Area Corridors Initial Project Budget: $528,400.00 Final Project Budget: $512,400.00 Date of Bid: January 2014 Scheduled Completion Date: May 29, 2014 TBOT July 14, 2015 28 Actual Completion Date: May 29, 2014 Change Orders: $0.00 Jim Hall, Owner’s Representative VRDC Jhall@vailresorts.com (970)333-1932 Randy Smith, General Manager, St. James Place trsmith@vailresorts.com (970) 845-9300 John Halloran, GEJ Construction Company jhalloran@gejohnson.com (970) 748-6048 Homestead Court Club This recently completed Project included the Remodel, Refurbishment and Repurposing of a 30 year old structure which is a gathering place for the Residents of Homestead in Edwards Colorado. This Project was completed in the fall 2014. VMDA worked with the Board and the Executive Director to understand the needs of the facility for the next 20 years. A Program was developed with the Board and Director and refined throughout the design process. Today the new facility provides an open fresh feel and a welcoming entry which is in stark contrast the previously existing facility which was dark, cut-up and non-welcoming. The VMDA Team reviewed the condition of the existing facility, determined which parts of the Building were sound and utilized much of the existing structure. Project Similarities / Lessons Learned: A. This Facility is a Community asset which was in need of upgrading and or replacement as it had lasted beyond its useful life. The Facility was reprogrammed for utilization for the next 20 years. The new Facility is now a source of pride for the Community and was a value oriented Rehabilitation. B. VMDA worked closely with the Board to develop a Project Program. The Board and VMDA conducted a series of Community Open Houses to present Design Options. Input was received from the Community and utilized in the final Program. The Open Houses consisted of informal Work Sessions with the Community to take input and to have members mark their comments on the Design Options. C. During the course of this Project, it was discovered that the main water entry line to the building was damaged and in need of replacement. This replacement was managed together by the Executive Director, VMDA and the General Contractor. As with all Projects, surprises occur; having a cohesive Team working well together expedites solutions to an unexpected problem. VMDA represented the Association with the ERWSD in gaining approval for replacement of the lines. D. In working with a GMP format on this Project, it came to the attention of the Board, VMDA and the Executive Director that there was some concern with the manner in which the Subcontractor Bids were established for the Project. In hindsight, when pursuing a GMP Construction Agreement, it makes sense to establish Fixed Costs for the GC Overhead (Fee and General Conditions) based upon hard Construction Costs. VMDA is currently working on another Project with this form of Agreement, and creates a better working relationship among all parties. Total Project Square Feet Renovated: 13,500 Initial Project Budget: $2,200,000.00 Final Project Budget: $2,100,000.00 (Owner removed Scope due to contractor concerns, so this does not reflect a GMP savings). Date of Bid: January 2014 TBOT July 14, 2015 29 Scheduled Completion Date: November, 2014 Actual Completion Date: November, 2014, however the GC is still attempting to finish punch list. Change Orders: (36 deductive and additive) -$ 100,000.00. (Note Owner removed Scope due to contractor concerns, so this does not reflect a GMP savings). Tracy Erickson, Executive Director terickson@homesteadcourtclub.com (970)390-7974 Box Car Restaurant, Avon Colorado This recently completed repurposing of Retail Tenancy to Restaurant Tenancy included Design and Construction Documents for this new Tenancy within a 38 year old Commercial Building which is now a popular and unique Upscale Restaurant. This Project was completed in the summer of 2014. VMDA worked with the Tenant and Landlord to understand and execute the required Building Code and Tenancy upgrades in concert with needed repairs for expedient demolition and build-out. A Program was developed rapidly, design approved and Building Permit issued, all within 7 weeks. The Box Car Restaurant now has an upscale urban theme within this older structure and has been upgraded for ADA Accessibility, an open Commercial Kitchen with Chef’s Table and unique urban style, ADA compliant Restrooms and well integrated outdoor seating for music, dining and afternoon service. Project Similarities / Lessons Learned: A. VMDA worked closely with the Client Group and pre-selected General Contractor to develop a Project Program and establish a realistic schedule and Budget. VMDA provided design options and refined them promptly with Code Upgrades and careful documentation of existing conditions. B. During the course of this project, minor adjustments were made for concealed conditions which were handled within the Contingency monies. Total Project Square Feet Renovated: 3,800 Initial Project Budget: $494,000.00 (part Landlord and part Tenant funds) Final Project Budget: $494,000.00 Date of Bid: March 2014 Scheduled Completion Date: December, 2014 Actual Completion Date: December, 2014 Hunter Chamness, Executive Chef (970)455-7329 Cara Luff, Executive Chef caraluff@hotmail.com END 4 ADDITIONS AND RENOVATIONS TBOT July 14, 2015 30 Jeffrey B. Hanes 6437 Verona Road Mission Hills, Kansas 66208 816‐805‐3591 jeff@hanesv.com April 8, 2015 Eagle‐Vail Metropolitan District C/O Mr. Chris Penney/NV5, Owner Representative Re: Eagle‐Vail Clubhouse Project Dear Mr. Penny, I am the former President of the home owners association of the Potato Patch Club condominium (PPC) complex on Red Sandstone Road in Vail. During my time as the board president, the HOA of PPC completed an $ 8,000,000 renovation of the twenty structures of the development. Guiding myself and the board through this project was Mark Donaldson and Chris Juergens of VMDA. It was a difficult project that spanned a time frame of thirty three months. When we began, we interviewed architects, contractors and owners representatives. Looking back on the project, I am glad we chose Mark, Chris and their team. They developed concepts for our community to consider. They helped us in the cost estimate and decision process to meet our ultimate renovation choice. They assisted in the choice of our construction team and did an excellent job of quality control and contract overview throughout the project. Our HOA is comprised of a nine member board and forty three unit owners. The VMDA team worked through many changes and difficulties that naturally occur when that many influencers are involved in the process. It was not easy for them, but they conducted themselves in a professional and efficient manner throughout the project. As a further support of my opinion of the quality of their team and approach, I am using VMDA to execute a small project that I working on for my personal use this summer. If you would like to discuss my experience with VMDA further, please feel free to contact me. Sincerely, Jeffrey B. Hanes TBOT July 14, 2015 31 TBOT July 14, 2015 32 Monroe & Newell Engineers, Inc. is a full service structural engineering consulting firm with offices in Avon and Denver, Colorado. The firm was founded in 1991 by Mr. William Newell, P.E. and Mr. Peter Monroe, P.E. with the consolidation of Design Structures, Inc. and Monroe Engineering Consultants, Inc. Since that time Monroe & Newell Engineers, Inc. has become one of Colorado’s largest structural engineering firms. Prior to establishing their own firms, Mr. Newell and Mr. Monroe were each principals in one of Colorado’s leading structural engineering firms. Along with the firm's other Principals, Mr. Craig Carroll, P.E. and Mr. Hannes Spaeh, P.E., James I. Ness, P.E., have more than 80 years combined experience providing services to architects, contractors, developers, and owners. The firm provides structural engineering services on projects ranging from single family residences to mixed-use mega-projects. Project types include mountain resort lodges, office buildings, golf course clubhouses, office warehouses, historical renovations and adaptive reuse, casinos, parking structures, ski area facilities including gondola terminals and mountain top restaurants, affordable housing and bridges. The firm is committed to the design of cost and energy efficient buildings. Structural systems designed include wood, steel joists and beams, composite steel, reinforced and post-tensioned cast-in-place concrete, precast concrete, and masonry. Projects are located throughout Colorado, the United States and foreign countries. With a staff of twenty four, which includes eleven structural engineers, the firm provides structural engineering services on approximately $325 Million of construction annually. The firm employs the latest technology in computer design and drafting, including BIM modeling to provide comprehensive, timely, and cost effective services to it’s clients. The firm’s principals and senior project managers are involved on a daily basis in project design and construction administration bringing the firms outstanding experience directly to every project. TBOT July 14, 2015 33 FIRM OVERVIEW Martin/Martin, Inc. is a full-service structural and civil consulting engineering firm whose engineering legacy dates back to the 1940s. The Martin/Martin mountain office is staffed by experienced engineers dedicated to engineering great projects while preserving the pristine and environmentally sensitive Colorado Rockies. Martin/Martin engineers have worked in the Rockies for more than 40 years, and are very proud of the extensive history of mountain work that includes public administration facilities and a variety of community/park development and recreational spaces. The firm’s Avon office is staffed by local resident engineers who have regional experience to accommodate Martin/Martin’s mountain clients. We offer full-service structural and civil engineering capabilities from our mountain location. Martin/Martin’s professional credentials are extensive. Our civil engineering expertise focuses on all aspects of civil site/infrastructure design including: traffic/transportation, utilities (water/wastewater), parking, street layout/lighting, stormwater drainage, circulation, surveying, paving, security issues, and other site considerations for projects ranging in size from less than one acre to several thousand acre developments. Our structural engineering experience includes meeting design requirements for new facilities and expansions. Strengths Experience in Eagle, Summit, Pitkin, Lake, Grand, and Garfield counties Familiar with high country unique design requirements Knowledge of local conditions – 30 years combined local experience Strong relationships with local jurisdictions Experienced in designing for permafrost foundations, rockfall and avalanche mitigation, and relevant snowload requirements Formulate environmentally friendly design that makes use of existing topography and terrain Select Project Experience: The firm has worked in 34 mountain communities. Some of our work includes: Town of Eagle Pool/Community Ice Rink, Eagle, Colorado Dobson Arena Ice Rink/Events Center, Vail, Colorado Community Recreation Center/Swimming Pool, Breckenridge, Colorado Copper Mountain Athletic Building, Copper Mountain, Colorado Cascade Sports Complex, Vail, Colorado Gunnison Community/Recreation Center, Gunnison, Colorado Stephen C. West Community Arena, Community Center/Ice Rink, Breckenridge, Colorado Vail Golf Clubhouse Assessment, Vail, Colorado Eagle Golf and Tennis Resort Development, Eagle, Colorado Vail Ford Park Improvements, Phase I and II, Vail, Colorado Vail Ski Club, Vail, Colorado Berry Creek Golf Course and Resort Development, Edwards, Colorado Country Club of the Rockies, Edwards, Colorado Maroon Creek Country Club, Aspen, Colorado Perry Park Country Club, Larkspur, Colorado Eagle County Justice Center, Eagle, Colorado Glenwood Springs City Hall, Glenwood Springs, Colorado Pitkin County Library, Aspen, Colorado Riverwalk Performing Arts Center, Breckenridge, Colorado Marriott Residence Inn, Breckenridge, Colorado 980 North Ten Mile Drive, Frisco, Colorado Greeley Ice Haus Dobson Arena, Vail Lionshead Welcome Center, Vail Lionshead Parking, Vail Breckenridge Recreation Center TBOT July 14, 2015 34 5. Special Design Concerns: A. VMDA Design Team ADA Compliance Procedures: To begin, we perform an IBC assessment for Access, Exit, required Wall and Ceiling Assembly Ratings and other performance requirements including ADA and Life Safety Requirements, based on current Codes, Amendments and local procedures. These requirements are then ‘built into’ our updated documents. We conduct Pre-Application Meetings with Building Officials to confirm our findings and Code interpretations. Our final documents include ADA notations and graphic symbols at doorways, turning areas, Restrooms and specialty exit travel as may be appropriate. Where fixtures and hardware are a portion of demonstrating ADA compliance we provide enlarged plans, elevations, details and/or specifications to memorialize the commitment to ADA. B. Potential Phasing for available Project Funding: We understand with the current collaboration of WECMRD and the Town of Eagle, the potential Scope of Work and improvements may increase up to about 6,300 SF of newly developed Building Area. In order to provide Project Concepts that are responsive to available Project Funding, the VMDA Team will develop phased concepts depicting various levels of ‘build-out’ for GC Pricing at the Schematic Design level. Based on the outcome of the pricing exercise, you and your funding partners will be able to better ascertain the level of cost tolerance for this next expansion. C. VMDA Design Team Efficient Energy Usage: We will match your exterior façade materials (metal wall panels, accent log columns and masonry and finish treatments) for consistent design appeal and ease of maintenance costs and inventory of like materials and systems. The Roofs and Walls will be insulated with appropriate products and installation to avoid condensation and to maintain a high-performance Building Envelope. Appropriate solar shading, quality and amount of glazing and sealed/caulked openings will assist in balancing energy efficiency with user visibility and safety during nighttime usage. Foundation Wall and perimeter slab insulation will be used to defend against bleeding of Heating BTUs into the ground and to comply with Energy Code requirements for such a Commercial Building Addition. The continued use of LED (low wattage) Fixtures will be consistent with the existing, cost savings fixtures. Photo Cell switches at new Rooms/Program Areas TBOT July 14, 2015 35 (per IBC) will be provided to reduce lighting costs when the Room(s) are not occupied. The Mechanical System and Controls designed to coordinate with existing system controls for this expansion are second only to the Building Envelope in terms of ability to achieve Energy Savings for your Project. END 5 SPECIAL DESIGN CONCERNS TBOT July 14, 2015 36 6. Architectural and Engineering Services A. Current Workload As indicated in Section 4A VMDA has multiple Projects at various stages of Design, Construction Documents and Construction. VMDA is certain we have the appropriate Staff and level of Staff to accommodate your Project Schedule. VMDA routinely manages scheduling requirements successfully and this Project is no different. VMDA has a full time staff of 7 Professionals with additional Part-Time required to meet your Schedule demands. VMDA staff has an average of 20 years of experience. You will be treated in a Professional manner at all times by a highly experienced and dedicated group of individual professionals. B. Process for Delivery of Services We highlight the approach to assist in delivering to your Community a successful Project. At the core of this approach is the involvement of all parties in a Team Approach to create consensus among the Board which will telegraph into consensus among your Community. VMDA Projects are all Principal-Driven by Mark Donaldson or Chris Juergens. This ensures the Client Principal involvement with direct communication with VMDA. We value each Client and their input and by creating accessibility between the Client and VMDA we are able to work directionally to the benefit of the Project and Client. VMDA will manage this Project from the Design side in a three way approach. First, we will manage within the VMDA office to ensure that the deadlines and expectations are met. Second we will manage among VMDA and our Consultants. Third, we will manage among VMDA and the Client. Each of these three legs is critical in supporting Project’s success. Weekly In-House Office Meetings ensure the Project stays on track within our office. Consultant meetings at regular intervals ensure Documents are coordinated and clear. Meetings with the Owner Group at regular intervals keep the Board and Executive Director clear on the progress and make the expectations clear among the parties. VMDA understands the burden the Owner group has placed upon themselves and that they represent wide ranging opinions and ideas. We are truly empathetic to the needs and the perception of the Project among the Public. VMDA’s experience in working with HOAs and Public Entities on a regular basis makes us uniquely qualified to assist you with your exciting Project. C. Design Schedule Methods for maintaining your Schedule are described above. In addition to the information above it is important for everyone to understand the Schedule and at each TBOT July 14, 2015 37 Board meeting for the Board to understand which decisions need to be made so as to maintain the Schedule. VMDA will keep the Board and Director abreast of critical decisions to be made to maintain a schedule at each meeting so as to keep the entire process on track. VMDA has discussed the Project with the Town of Eagle Chief Building Official and understands the timing needed for this Project for entitlements and permitting. The Proposed Design Schedule Milestones are shown below to dovetail with your Regular Board Meetings. This may be modified as needed in a mutually agreeable manner to meet the needs of the Board. JUN 2015 (Post-JUN Board Meeting) Commence Project Base Mapping upon Authorization Submit Professional Services Agreement for Board Review JUL 2015 (Board Meeting) Confirm Project Schedule Review and Confirm Program and Schematic Design Phasing Options Develop Potential Contractor Bidder’s List (or via Public Invitation by Board?) AUG 2015 (Board Meeting) Approve Schematic Design Concepts for SD Phase Bid Process Confirm Prequalified General Contractors Confirm Town of Eagle Process for sanctioning and entitlements Commence SD Phase Bid Process SEP 2015 (Board Meeting) Submit results and Bid Leveling of SD Bid Process for Phasing Confirm direction of Phasing and discuss Value Engineering if appropriate OCT 2015 (Board Meeting) Present 50% Construction Documents for review and comment Confirm Public Competitive Bid Process for DEC 2015 Board Publishes Public Bid Process Notices NOV 2015 (Board Meeting) Review and confirm100% Construction Documents Commence Public Bid Process DEC 2015 (Board Meeting) Submit results and Bid Leveling of Public Bid Process Consider selection of General Contractor TBOT July 14, 2015 38 D. Lessons Learned In Section 4B we describe some of the challenges and lessons learned on recent Projects. In addition to those experiences we offer the following thoughts regarding your Project, Budget and Schedule. Your Project must be completed on time, meet the Program expectations agreed upon and be completed on Budget in order for it to be successful. While we represent the Owner’s interest, we will work to create a collaborative environment between the Owner, General Contractors, and Design Professionals. One of the major challenges of Construction Projects is time. Lead time on certain specialty products can create a crisis on a Project. This will be managed successfully through a series of checks and balances at each step. 1. On a current Project with tight time constraints, VMDA recognized that this could be the case due to circumstances beyond anyone’s control. In order to meet schedule for construction we worked with the General Contractor to develop a Submittal Log and the timing of all Submittals. When an item was identified for savings by the General Contractor with a long lead time, VMDA worked with the General Contractor, the Engineer, and the Supplier to furnish an item (light fixtures in this case) that could be delivered on time and below budget. These lights arrived in early May allowing the Project to be completed timely. 2. On another Project, there was a personality conflict between a member of the Team and a misunderstanding of the experience level of a superintendent for the Project. In hindsight, this matter could have been resolved earlier with more critical analysis. As a remedy, we try to confirm References provided for a Project with more scrutiny. While we cannot always predict someone’s personal behavior, we can do additional checking to limit these occurrences. 3. Clear presentation of design solutions is critical to maintaining and managing Client expectations. On a current Remodel Project where multiple parties are involved, disparate opinions regarding the overall feel of the interior space and the upgrading of the stains and colors of the Building were in play. In order to build consensus with the Board and related parties, we provided full mock ups of the conflicting matters so they could be approved over a month prior to the start of construction. This allows for the General Contractor to have a clear path to success on a Project. E. Added Value VMDA level of experience in commercial renovations in Eagle County will bring value to your Project on multiple levels. You may expect VMDA to provide value to your project in the following areas: TBOT July 14, 2015 39 1. Experience in Mountain Construction and Detailing. VMDA is experienced in Construction detailing in the Mountains and understands the harsh environments that buildings are subjected to in our climate. Specific Owner Benefit On a recent project in the area, a General Contractor (from out of town) was selected prior to VMDA involvement. The Project did not have any construction details for the project and was being bid in a haphazard way. In addition this project was being untaken to repair a project that had been inadequately detailed (by others) at its initial construction. VMDA provided details for the project (which was a repair to the building envelope); and assisted the HOA in managing the General Contractor. Additional damage was discovered. The general contractor proposed costs to fix the issue at prices above the market rate. VMDA assisted the Board in running an additional bid process and was able to save the HOA 32% off the contractors initial cost proposal. This was done in a manner which provided the Association details and reconsidered the staging manner in an effort to be more efficient. 2. Experience in the Town of Eagle and Local Governing Authorities VMDA has worked in Eagle recently gaining entitlements for the neighboring parcel for Soleil Homes. VMDA has a strong rapport with the Local Building Departments and Planning Departments and understands the issues and the motivating factors of these different entities. Specific Owner Benefit Recognizing that a public process and delays can be costly to the Owner, VMDA was able to be part of the team that gained entitlements in a time frame set out by the Owner. 3. VMDA has continually worked in Eagle County for over 37 years and brings knowledge of the construction trades to you project. We issue clear bidding documents which will bring you to clear and competitive bids in the process. Specific Owner Benefit On three recent projects, the bid spread between the General Contractors was less than 4% of the cost of construction. This demonstrates the value of clear documents and a clear bid process. The Owner recognized tangible monetary value by having a project that was competitively bid and met the needs of the program. TBOT July 14, 2015 40 4. VMDA represents the Owner. While we strive to maintain a strong working relationship with the General Contractor, VMDA recognizes that the interests of the client come first in a fair and equitable application of the rules and provisions of the Contract for Construction. END 6 ARCHITECTURAL AND ENGINEERING SERVICES TBOT July 14, 2015 41 7. Construction Costs: A. VMDA Design Team Cost Control Methods: By working with many Boards, Committees and HOAs, VMDA is keenly aware that Cost Control is of prime importance to your Project. VMDA reviews our own and Consultants Work Product throughout the documentation process allowing for coordination of the disciplines and integrated documents for more accurate Cost Estimating. Our Team will not over-scope, over-specify or otherwise cause unnecessary documentation to drive costs up. Our relationship with local Contractors and Sub-Contractors is such that we work in a cooperative environment during Bidding and execution of Construction, with very few exceptions. The size and scope of your Project is such that we will follow existing conditions and match finishes and materials for a cohesive blend of existing and new conditions without unnecessary increased costs. B. VMDA Design Team Steps of Change Order Procedure: Our initial approach is to avoid Change Orders due to conflicting Documents. Change Orders should only occur from opening up concealed conditions or by Owner initiated Additive or Deductive Change Orders, with intent. With consistent documents and collaboration of vetting of Bid Proposals, Bid Gaps and missed Scope are normally avoided from Change Orders. The appropriate Form of Construction Agreement for this size and scope of Project is a good start at controlling costs (e.g. GMP, Fixed Price, etc.). Change Orders may occur. The last steps of such Cost Control take place during the Pre-Construction and Construction processes and include the following: Pending Change Order Log (PCO): This allows Owner, Architect and Contractor the opportunity to foresee possible Change Orders brought to the attention by the GC and to work toward mitigation or elimination of possible COs. Change Order Proposal Log (COP): This allows a PCO that may make its way to a COP to again be carefully studied for necessary costs and implementation, only if agreed to be necessary and desirable to the Owner. Change Order Log (CO): After the above noted scrutiny, a valid CO will be executed and tracked along with Contract Schedule of Values, for acknowledgment by all parties. END 7 CONSTRUCTION COSTS TBOT July 14, 2015 42 8. Legal Concerns: VMDA was involved in a single, frivolous lawsuit brought for a Claim about 2 years ago against VMDA by a General Contractor working for our Client on a Project in Vail. The Contractor, with whom VMDA had no Contractual relationship, claimed VMDA had breached its duties by failing to approve Pay Applications that did not comport to Schedule of Values, for Work not approved and for Work not completed. The Claim was withdrawn by the Plaintiff with prejudice prior Discovery, Depositions, Mediation and Trial Our Professional Liability Insurance Certificates are attached. VMDA also carries General Liability and Workmen’s Compensation Insurance per State Regulations. END 8 LEGAL CONCERNS TBOT July 14, 2015 43 Date Entered: 04/20/2015 Policy Number: 604741710 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE _4/20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURED CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: Debbie Brill Brill Insurance Agency 150 E Beaver Creek Blvd A-203 P.O. Box 1498 Avon, CO 81620 (970)845-8910 dbrill@farmersagent.com FAX (A/C, No): (970)845-8460 INSURER(S) AFFORDING COVERAGE INSURER A : Victor Mark Donaldson Architects NAIC # Truck Insurance Exchange INSURER B : INSURER C : PO Box 5300 Avon, CO 81620 INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL SUBR INSD WVD TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 604741710 OCCUR 5/20/2014 5/20/2015 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY LOC JECT GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY HIRED AUTOS $ $ OTHER: ANY AUTO ALL OWNED AUTOS 2,000,000 75,000 $ 5,000 $ Included $ 4,000,000 $ Included $ 604741710 5/20/2014 5/20/2015 SCHEDULED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 2,000,000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Business Pers. Prop Tenant Improvements $ PER STATUTE Y/N OTHER E.L. EACH ACCIDENT N/A $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 604741710 604741710 5/20/2014 5/20/2015 5/20/2014 5/20/2015 $ $52,000 $12,100 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ***Business Personal Property, Tenant Improvement/Betterments has a $1,000 deductible*** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Debbie Brill ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. TBOT July 14, 2015 The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing 800-208-1977 44 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME: Michael J Hall & Company PHONE (A/C, No, Ext):360-598-3700 E-MAIL ADDRESS:certificates@hallandcompany.com PRODUCER Michael J Hall & Company Hall & Company 19660 10th Ave NE Poulsbo WA 98370 FAX (A/C, No):360-598-3703 INSURER(S) AFFORDING COVERAGE INSURER A :NAVIGATORS 10518 INSURED Victor Mark Donaldson Architects PO Box 5300 Avon CO 81620 NAIC # INSURANCE COMPANY 42307 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 1228465663 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY LOC JECT HIRED AUTOS $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ $ COMBINED SINGLE LIMIT (Ea accident) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS $ $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A WC STATUTORY LIMITS OTHER E.L. EACH ACCIDENT N/A $ $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT Professional Liab Claims Made CM15DPL034581IV 4/3/2015 4/3/2016 $ $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CANCELLATION CERTIFICATE HOLDER For Evidence of Insurance Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. TBOT July 14, 2015 The ACORD name and logo are registered marks of ACORD 45 ACORD CERTIFICATE OF LIABILITY INSURANCE TM PRODUCER DATE (MM/DD/YYYY) 04/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pinnacol Assurance 7501 E Lowry Blvd Denver, CO 80230-7006 INSURERS AFFORDING COVERAGE INSURED INSURER A: Victor Mark Donaldson Architects PC 48 East Beaver Creek Blvd Suite 207 Avon, CO 81620 NAIC# Pinnacol Assurance 41190 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) LIMITS EACH OCCURRENCE GENERAL LIABILITY DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS MADE PREMISES OCCUR MED EXP(Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIERS PER: POLICY PROJECT PRODUCTS - COMP/OP AGG LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY N0N-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT GARAGE LIABILITY OTHER THAN ANY AUTO EA ACC AUTO ONLY: EXCESS/UMBRELLA LIABILITY OCCUR AGG EACH OCCURRENCE CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND A X EMPLOYER'S LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 4138007 12/01/2014 12/01/2015 OFFICER/MEMBER EXCLUDED? WC STATU- OTHER TORY LIMITS E.L EACH ACCIDENT $1,000,000 E.L DISEASE - EA EMPLOYEE $1,000,000 E.L DISEASE - POLICY LIMIT $1,000,000 If yes, please describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Eagle Pool and Ice Rink Addition CERTIFICATE HOLDER 1609073 Steve Russell Executive Director 450 Miller Ranch Road Edwards , CO 81632 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NOTIFY 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO NOTIFY SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ryan Roginson ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 TBOT July 14, 2015 46 9. Fees In planning to be efficient with Professional Time on an hourly basis plus Reimbursements VMDA provides the Preliminary Fees below for your consideration. Phase VMDA Monroe and Newell Martin and Martin Schendt Engineering, Inc. Schematic Design $9,400.00 $1,020.00 $960.00 $2,980.00 Design Development Construction Documents Contract Administration $12,200.00 $1,420.00 $1,000.00 $3,400.00 $14,300.00 $3,000.00 $1,400.00 $4,720.00 $8,900.00 $1,360.00 $1,400.00 $3,800.00 Reimbursements $2,000.00 $400.00 $0.00 $600.00 Total by Discipline $46,800.00 $7,200.00 $4,760.00 $15,500.00 Total Professional Fees $74,260.00 END 9 FEES TBOT July 14, 2015 47 0090 WEST BENCHMARK ROAD SUITE 207, P.O. BOX 5300 AVON, CO 81620 970/949 5200 FAX 949 5205 WWW.VMDA.COM PROFESSIONAL TIME AND REIMBURSEMENT RATES 2015 Hourly Professional Time Mark Donaldson, Principal .................................................. $125.00 Chris Juergens, Principal ...................................................... $125.00 Project Manager………………………………………………$ 110.00 Project Architect ................................................................... $100.00 Project & Production Coordinator, Interior Design ........ $ 90.00 Rendering……………………………………………………….$ 80.00 Administrative ........................................................................ $ 70.00 REIMBURSEMENTS 8.5” x 11” photocopies.................................................. $ 0.20 each 8.5” x 11” photographic color reproductions ........... $ 1.00 each Federal Express, UPS, Express Mail delivery charges .............. cost U.S. Mail postage ......................................................................... cost Models and Renderings…………………………………………..cost Mileage ............................................................................. $ 0.55 /mile Reproductions – out of house .................................................... cost 11” x 17” bond copy ...................................................... $ 0.60 each 11” x 17” color copies…………………………………….$ 2.00 each 24” x 36” bond copy ...................................................... $ 3.00 each 30” x 42” bond copy ...................................................... $ 4.50 each Air Travel and hotel ...................................................................... cost TBOT July 14, 2015 48 TBOT July 14, 2015 49 TBOT July 14, 2015 50 AGREEMENT FOR PROFESSIONAL SERVICES April 13, 2015 Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Boulevard, Suite 207 Box 5300 Avon, Colorado 81620 Martin/Martin, Inc. is hereby authorized to perform the following engineering services for: Job Title: Eagle Pool and Ice Rink Addition Sub Job Title: Structural and Civil Engineering Proposal Proposal Services were determined from the Request for Proposals, issued March 16, 2015. PROJECT DESCRIPTION The proposed project is a 1,000 to 1,300 square foot addition to the southwest side of the existing pool and ice rink building, located at 1700 Sylvan Lake Road in Eagle, Colorado. The addition will consist of two (2) community rooms and a hallway, a 1,110 square foot concrete patio, and an outdoor sports court. The covered patio will mimic the existing entry, including log columns. The existing building is a pre-engineered metal building built in 2002. This proposal assumes that the addition will be framed in a similar manner as the existing building, utilizing pre-engineered metal building systems. This proposal also assumes that all existing drawings, including metal building shop drawings, are available for use during the design. A geotechnical report has not been made available at the time of this proposal. Spread footings and slab-on-grade are assumed as the basis of the structural design. The proposed schedule is to issue permit drawings in early June. Construction is anticipated to take place in the summer of 2015. The proposed construction budget is approximately $250,000 to $350,000. All coordination and OAC meetings are assumed to take place at the Eagle Pool and Ice Rink or in Eagle County, Colorado. BASIC SERVICES CIVIL The following is a summary of the scope of services that Martin/Martin, Inc. anticipates performing, starting 5-feet beyond the building limits and extending to the property lines: A. It is anticipated that the Architect will provide the site plan in electronic format during Schematic Design. Martin/Martin, Inc. will provide review of the site plan and technical assistance relating to access, utilities, drainage, and grading throughout the schematic design process. After Schematic Page 1|9 TBOT July 14, 2015 51 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 Design, Martin/Martin, Inc. will refine the site plan during the design development phase and provide detailed construction plans. B. A detailed grading, erosion control, storm water management plan (SWMP), and drainage plan will be prepared for the entire site, including 1-foot contours and spot elevations around the expansion and the basketball court. The erosion control plan will include items necessary to mitigate soil erosion during construction. ADA access or compliance beyond the limits of the patio or the basketball court are not included within this scope. C. It is not anticipated that any storm system or utility connections will be required. D. A site layout plan showing the horizontal location of the proposed concrete and asphalt. Also shown on this plan will be proposed types of pavement and thicknesses of each, as indicated in the soils report supplied by the Owner. The initial site plan layout will be furnished by the Architect in CAD. E. Detailed technical specifications and construction details for the above civil site improvements, for inclusion in the project manual, prepared by the Project Architect. F. Construction Administration services, including bid support, review of material submittals, answering the Contractor’s questions and four (4) visits to the site during construction to review the construction progress. Attendance to two (2) OAC meetings is anticipated. G. Included in this scope of work are an estimated four (4) hours of design coordination meetings held via conference call. If additional meetings are required or travel required to Denver, they will be considered an “Additional Service” and billed hourly. STRUCTURAL DO NOT INCLUDE STRUCTURAL FROM MARTIN - USE MONROE AND NEWELL H. Schematic Design services will include the evaluation of structural systems for the proposed design option for preliminary pricing. This will include developing the design criteria, developing a preliminary framing layout, and the preliminary design of a typical footing. Schematic Design deliverables will include sketches and narratives describing the structural systems. One (1) team coordination meeting is included in this phase. I. Design Development services will consist of developing the preferred design alternative, including the design of gravity and lateral load resisting structural elements. This will include a preliminary design of the metal building frames to generate foundation loads, design of the foundation, and design of any custom structural roof components. Key details describing the framing and geometry will be included. Design Development deliverables will include a foundation plan and a preliminary roof framing layout for review by the metal building engineer, as well as control details that define key areas. One (1) team coordination meeting is included in this phase. J. Construction Document services will consist of coordinating with the metal building engineer, finalizing the foundation design, based on loads supplied by the metal building engineer, foundation details, custom roof details, if required, and specifications for bidding, permitting, and construction. One (1) team coordination meeting is included in this phase. Page 2|9 TBOT July 14, 2015 52 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 K. Construction Administration services will consist of a review of the metal building design drawings for design loads, as well as review of the foundation design for the final metal building loads, review of other submittals, responses to the Contractor’s questions, and periodic observation of the progress of construction for conformance with the design intent. Up to three (3) site visits are anticipated. L. Design of site structures is not anticipated and is not included in the scope of this proposal. M. The existing lateral system of the building is assumed to be adequate for the loads imposed by the new addition. The addition is assumed to not add any wind exposure, and is assumed to not increase the seismic loads on any lateral load resisting element by more than 10%. A preliminary analysis will be performed to verify these assumptions. Additional lateral design or upgrading of the existing lateral load resisting elements are not included in this proposal. N. The project will be produced in Revit Structure, however, Revit modeling of the entirety of the existing structure is not included in the proposed fee. COMPENSATION All services will be provided as listed below: CIVIL Schematic Design.............................................................................................................................. $960 Design Development ........................................................................................................................ $800 Construction Documents and Specifications................................................................................. $1,000 Construction Administration ......................................................................................................... $2,000 SUBTOTAL ..................................................................................................................................... $4,760 STRUCTURAL DO NOT INCLUDE STRUCTRAL FROM MARTIN USE MONROE AND NEWELL Schematic Design.............................................................................................................................. $950 Design Development ..................................................................................................................... $1,750 Construction Documents ............................................................................................................... $3,500 Construction Administration ......................................................................................................... $2,500 SUBTOTAL ..................................................................................................................................... $8,650 If requested, “Additional Services” will be provided on an hourly basis following the rates and charges listed below. LABOR RATE Principal ....................................... $165 per hour Associate...................................... $145 per hour Senior Project Engineer ............... $135 per hour Project Engineer .......................... $115 per hour Professional Engineer .................. $105 per hour Engineer EIT II ................................ $95 per hour Engineer EIT I .................................. $85 per hour Sr. CAD Operator............................. $90 per hour Project CAD Operator ..................... $75 per hour CAD Operator.................................. $65 per hour Administrative Assistant ................. $65 per hour Billing rates are subject to periodic review each year. Page 3|9 TBOT July 14, 2015 53 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 REIMBURSABLE EXPENSES Non-Labor expenses are in addition to the fee at 1.1 times the amount billed to Martin/Martin, Inc. Reimbursable expenses are anticipated to be less than $1,000. ADDITIONAL SERVICES All services not listed under “Services” are considered “Additional Services.” The compensation for these services will be in addition to that for “Basic Services.” “Additional Services” include, but are not limited to the following: A. This proposal anticipates the fees necessary for the initial meetings, design and preparation and submittal of the application package. Upon receipt of the comments from the review agencies, Martin/Martin, Inc. will review them with the Client and determine if any additional fees are necessary to address comments that are either unwarranted or beyond the scope of this proposal. The Client will be asked to approve these additional fees prior to Martin/Martin, Inc. commencing work. The same process may be necessary upon receipt of subsequent comments. Any comments that are generated by the review agency which are a result of Martin/Martin, Inc.’s oversight, omissions, or simply a reasonable clarification of our design intents, will not be included in the request for additional fees. B. Engineering services incident to project scope changes beyond Martin/Martin, Inc.'s control. C. Services in connection with change in government requirements instituted after the date of this Agreement. D. Investigating existing conditions or facilities, or making measured drawings thereof, or verifying the accuracy of information furnished by others, or providing field surveys. E. Preparing documents for alternate bids or out-of-sequence services. F. Making revisions to drawings, specifications, or other documents when such revisions are inconsistent with prior approvals or instructions, which require additional work such as significant changes to the site plan. G. Services made necessary by the Contractor's default or by defects in the work of the Contractor. H. Perimeter drain design. I. Drainage analysis. J. Value Engineering after Design Development phase or that require additional submittals. K. Providing more representation and/or observation at the work site during construction (at the request of the Owner, Contractor, or Architect), than listed under “Services.” Page 4|9 TBOT July 14, 2015 54 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 L. Providing services in connection with future facilities, systems, or equipment, which are not intended to be constructed as part of this project. M. Services during construction not included above. N. Design of off-site improvements, such as lane widening to adjacent streets or extending utility or drainage mains to the site. O. Detailed layout data for landscape features. P. LEED™ submittal documents. Q. Early bid/construction packages. Page 5|9 TBOT July 14, 2015 55 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 TERMS AND CONDITIONS OF SERVICE I. RESPONSIBILITIES OF MARTIN/MARTIN, INC. Martin/Martin, Inc. will perform professional engineering services as specified under “Basic Services,” and, when authorized, “Additional Services.” II. RESPONSIBILITIES OF CLIENT A. Provide all criteria and full information as to requirements for the project. B. Furnish all soil, subsurface, and environmental tests and reports needed by Martin/Martin, Inc. (except where such are included in “Basic Services.”) C. Furnish all field surveys of boundaries, topography, and locations (except where such are included in “Basic Services.”) Furnish Title Insurance Policy where field survey of boundary is included in “Basic Services.” D. Designate a person to act as representative with respect to professional and contractual services of Martin/Martin, Inc. E. Give prompt notice to Martin/Martin, Inc. of any development that affects the scope and/or timing of Martin/Martin, Inc. services. F. Coordinate Martin/Martin, Inc. work with that of other consultants. G. If Martin/Martin, Inc. is not providing services during the construction process, the client hereby agrees: 1. To contact Martin/Martin, Inc. if Construction Documents are unclear or errors or omissions are discovered. 2. That Martin/Martin, Inc. will not be liable, where Client and/or Contractor makes his own interpretation of and/or revises the original intent of the Construction Documents and Design Drawings. H. Disclose the source and amount of funding for the project. III. PERIOD OF SERVICE The “Services” of Martin/Martin, Inc. and compensation therefore have been agreed to in anticipation of the orderly and continuous progress of the project as specified under “Basic Services.” Page 6|9 TBOT July 14, 2015 56 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 IV. MISCELLANEOUS A. If, at any time, the scope of the project is changed from that on which the “Agreement For Professional Services” is based, the scope and compensation will be subject to renegotiation. B. It is expressly understood and agreed, notwithstanding any reference to any rule or regulation, that Martin/Martin, Inc. has no responsibility or duty for guaranteeing, warranting, directing or superintending the Contractor's work methods, safety of the jobsite, processes, failure to carry out the work in accordance with contract requirements, timeliness in performance of the work or any other aspect of construction for which the Contractor has responsibility. C. All work completed by the 25th of the month will be billed the following month. Payment is due on receipt of the bill. If payment is not received by Martin/Martin, Inc. within thirty (30) days after the date of the bill, Martin/Martin, Inc. may: 1. After giving seven (7) days written notice, suspend work until payment is received, and/or; 2. Add to amounts over thirty (30) days due, a service charge of one and one-half (1-1/2) percent per month (annual percentage rate: 18%.) 3. In the event of any non-payment of any amounts billed and due, Client agrees to pay a service charge and all costs of collection, including Attorneys' fees. In the event of delay or suspension of work by reason of this paragraph, Martin/Martin, Inc. will be entitled to reimbursement of all costs related to such delay or suspension. Any delay caused by a suspension of work under this paragraph shall not be deemed a breach of this Agreement by Martin/Martin, Inc. D. If the project is postponed, delayed, suspended, or abandoned for any reason other than the provisions of Paragraph C above, Martin/Martin, Inc. will be paid for all work already performed, based on the Schedule of Rates and Charges under “Compensation,” plus all additional costs incurred by Martin/Martin, Inc. due to said postponement, delay, suspension or abandonment. E. This Agreement may be terminated by either party on seven (7) days written notice to the other party, in which case, Martin/Martin, Inc. will be paid for all work already performed, based on the Schedule of Rates and Charges under “Compensation,” plus all additional costs incurred by Martin/Martin, Inc. due to said termination. F. Any opinions of probable project costs or construction costs rendered by Martin/Martin, Inc. represent its best judgment and are furnished for general guidance. Martin/Martin, Inc. makes no warranty or guaranty, either expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. Page 7|9 TBOT July 14, 2015 57 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 G. Martin/Martin, Inc. will perform its services in accordance with the applicable Standard of Care, which is defined as the provision of professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the engineering profession currently practicing under similar circumstances at the same time and in the same locality (“Standard of Care”). Martin/Martin, Inc. makes or gives no warranty or guarantee of any kind, expressed or implied, as part of its provision of services. H. The Client agrees to limit Martin/Martin, Inc.’s and Martin/Martin Consultants, and its officers, directors, and employees liability to the Client and to all construction Contractors and subcontractors on the project arising from Martin/Martin, Inc. negligent acts, errors or omissions, such that Martin/Martin, Inc. total aggregate liability to all these named will not exceed $50,000 or Martin/Martin, Inc. total compensation for services rendered on this project, whichever is less. I. If this Agreement for Professional Services for Martin/Martin, Inc. is for multi-family projects, which includes facilities that are to be conveyed to a Homeowners Association (HOA,) the Owner’s (Client) agrees to hold Martin/Martin, Inc. harmless and defend Martin/Martin, Inc. against all claims by the HOA for faulty construction or alleged errors and/or omissions by Martin/Martin, Inc. J. This Agreement is governed by the laws of the State of Colorado. K. Martin/Martin, Inc. and Client each binds himself and his partners, successors, executors, administrators, assigns and legal representatives unto the other in respect to all covenants, agreements and obligations of this Agreement. L. If Martin/Martin, Inc. has been asked by the Client to subcontract certain geotechnical, architectural, or laboratory testing services on behalf of the Client, Martin/Martin, Inc. agrees to do so only as an accommodation to the Client and in reliance upon the Client's assurance that the Client will make no claim nor bring any action at law or in equity against Martin/Martin, Inc. as a result of this subcontracted service. The Client understands that Martin/Martin, Inc. is neither trained nor knowledgeable in the procedures or results of the subcontractor's services and the Client shall not rely upon Martin/Martin, Inc. to check the quality or accuracy of their services. In addition, the Client agrees to the fullest extent permitted by law to indemnify and hold Martin/Martin, Inc. harmless from any damage, liability or cost (including reasonable Attorneys' fees and costs of defense) arising from the services performed by this subcontractor except only those damages, liabilities or costs caused by the sole negligence or willful misconduct of Martin/Martin, Inc. Page 8|9 TBOT July 14, 2015 58 Agreement For Professional Services Eagle Pool and Ice Rink Addition April 13, 2015 M. The Client acknowledges that Martin/Martin, Inc.’s scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event that Martin/Martin, Inc. or any other party encounters any hazardous or toxic materials, or should it become known to Martin/Martin, Inc. that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of Martin/Martin, Inc. services, Martin/Martin, Inc. may, at its option, and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Client retains appropriate Consultants or Contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. N. All documents, including drawings and specifications, as instruments of service, are the property of Martin/Martin, Inc, whether the work for which they are prepared be executed or not, and are not to be used on other work, including repetitive construction, except by specific, written agreement. Such documents may be retained by the Client with other documents pertaining to the project. Documents shall not be altered in any manner without the permission of Martin/Martin, Inc. Please sign below and return to Martin/Martin, Inc. as authorization to proceed. ACCEPTANCE AND AUTHORITY Martin/Martin, Inc. “Client”: Victor Mark Donaldson Architects By: By: Name: Paul Doak, PE Name: Title: Principal Title: PE: Colorado PE: 24585 Client Project No.: Project Manager: Mark Donaldson Sean J. Molloy, PE, Associate By: Name: John C. Moore III, PE, Vice President Title: Principal PE: Colorado PE: 28374 Project Manager: L. Mark Luna, PE, Associate END OF DOCUMENT N:\Proposals\2015 Q2\041315-PD-SJM-JCM-LML-EaglePool&IceRinkAdd-VMDA\EaglePoolIceRinkVMDA_PD_SJM_JCM_LML_Apr_13_2015_R0_Pro.docx Page 9|9 TBOT July 14, 2015 59 PROPOSAL 05 June, 2015 Mark Donaldson Victor Mark Donaldson Architects 0090 West Benchmark Road, Suite 207 PO 5300 Avon, Colorado 81620 Reference: Addition to the Eagle Pool and Ice Rink, Eagle, Colorado Dear Mr. Donaldson: SEC appreciates VMDA’s continued confidence in us by offering this opportunity to provide our professional engineering services proposal for the referenced project. Below is our statement of work, with terms and conditions plus hourly rates included at the end of this proposal. Basis of Agreement: Provide mechanical, plumbing, and electrical professional engineering services for 6,000 square foot addition to the Eagle Pool and Ice Rink, Eagle, Colorado. Addition will consist of fitness area, break out rooms, and two toilet rooms. Scope of Work: The Scope of Work to be provided under this agreement is outlined as follows: 1. Schematic Design a. Determine Owner’s Project Requirements and develop Basis of Design b. Provide MEP design narrative for contractor pricing c. Provide schematic drawings d. Visit site and as-built existing conditions 2. Design Development a. Develop MEP drawings b. Develop drawing specifications 3. Construction Documents a. Complete contract documents b. Coordinate with architect and other consultants c. ComCheck for lighting and envelope 4. Construction Administration: a. Respond to RFI b. Provide one construction observation 5. Client Responsibilities: a. Provide electronic backgrounds b. Provide as-built drawings of existing facility c. Provide design schedule d. Printing 6. Exclusions/Optional Services: Schendt Engineering Corporation 2912 Beacon St. Colorado Springs, CO 80907 Phone: (719) 637-8850 | www.secengr.com TBOT July 14, 2015 60 Schendt Engineering Corporation 7. a. Equipment testing b. Cost Estimates c. Energy models, calculations, and predicted consumption Additional work at hourly rate, as requested by the client, shall be billed in accordance with Rate Schedule on last page of this proposal. Disclosure: This proposal is intended solely for the use of the individual or entity to which it is addressed as the information contained herein includes privileged information. Unauthorized reviews, forwarding, copying, distributing, or sharing of this information with unintended recipients including competing proposers is prohibited and violation is considered actionable. Fees for Professional Services We propose to provide services described above for a lump sum fee of Fifteen Thousand Five Hundred and no/100 Dollars ($15,500.00). Cost includes travel and minor reproductions. Schematic Design: $4000 Design Development $4000 Construction Documents $4500 Bidding Phase $700 Construction Administration $2300 Total $15,500 Please review this proposal as to its scope. If this proposal is acceptable to you, please issue us a purchase order or a written notice to proceed for us to begin the work. Sincerely, Schendt Engineering Corp. Chris Ackerman, P.E. Vice President Page 2 of 5 TBOT July 14, 2015 61 Schendt Engineering Corporation Terms and Conditions Performance of Services: The Consultant shall perform the services outlined in this Agreement in consideration of the stated fee and payment terms. Additional Services: For additional services not included above, the consultant shall be compensated on a time and expense basis. Access to Site: Unless otherwise stated, the Consultant will have access to the site for activities necessary for the performance of the services. The Consultant will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such costs. Retainer/Billing/Payment: The Client agrees to pay the Consultant for all services performed and all costs incurred. Invoices for the Consultant’s services shall be submitted, at the Consultant’s option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, the Consultant may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Accounts unpaid 45 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, the Consultant may institute collection action and the Client shall pay all costs of collection, including reasonable attorneys’ fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant, his or her officers, directors, employees, agents and sub-consultants from and against all damage, liability and cost including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the performance of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Consultant. Waiver: In addition, the Client agrees, to the maximum extent permitted by law, to waive any claims against the Consultant arising out of the performance of these services, except for the sole negligence or willful misconduct of the Consultant. Information for the Sole Use and Benefit of the Client: All opinions and conclusions of the Consultant, whether written or oral, and any plans, specifications or other documents and services provided by the Consultant are for the sole use and benefit of the Client and are not to be provided to any other person or entity without the prior written consent of the Consultant. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against either the Consultant or the Client. Certifications, Guarantees and Warranties: The Consultant shall not be required to execute any document that would result in the Consultant certifying, guaranteeing or warranting the existence of any conditions. Limitations of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Consultant’s total liability to the Client for any and all injuries, damages, claims, losses, expenses or claim expenses arising out of this agreement from any cause or causes, shall not exceed the Consultant’s total fee for services rendered on this Project. Such causes include, but are not limited to, the Consultant’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Page 3 of 5 TBOT July 14, 2015 62 Schendt Engineering Corporation Ownership of Documents: All documents produced by the Consultant under this Agreement are instruments of the Consultant’s professional service and shall remain the property of the Consultant and may not be used by the Client for any other purpose without the prior written consent of the Consultant. Dispute Resolution: Any claims or disputes between the Client and the Consultant arising out of the services to be provided by the Consultant or out of this Agreement shall be submitted to nonbinding mediation. The Client and the Consultant agree to include a similar mediation agreement with all contractors, sub-consultants, subcontractors, suppliers and fabricators, providing mediation as the primary method for dispute resolution among all parties. Termination of Services: This Agreement may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of terminations for any reason whatsoever, the Client shall pay the Consultant for all services rendered to the date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination. It is agreed the above terms and conditions are incorporated into and made a part of the attached proposal. Page 4 of 5 TBOT July 14, 2015 63 Schendt Engineering Corporation PROJECT COST AND PRICING DATA (EFFECTIVE JANUARY 1, 2014) BASE YEAR HOURLY RATE CATEGORY 1. Project Engineer/Manager $ 145.00 2. Sr. Mechanical Engineer $ 100.00 3. Sr. Mechanical Designer $ 90.00 4. Jr. Mechanical Engineer/Designer $ 80.00 5. Senior CAD Operators $ 70.00 6. Junior CAD Operators $ 55.00 7. Clerical Staff $ 50.00 Miscellaneous Costs: Travel Per Diem Miscellaneous items Payment Terms $ 0.56/Mile 1.1 x Net Cost 1.1 x Net Costs (Reproduction, Air Fares, etc.) Net 30 days. Interest @ 1.00%/month on Unpaid Balance over 45 days Page 5 of 5 TBOT July 14, 2015 64 MINUTES Town Board of Trustees Tuesday, June 23, 2015 6:00 P.M. Public Meeting Room / Eagle Town Hall 200 Broadway Eagle, CO This agenda and the meetings can be viewed at www.townofeagle.org. Meetings are also aired online at https://vimeo.com/channels/townofeagle/. This meeting is recorded and a CD will become part of the permanent record of the minutes. The following is a condensed version of the proceedings as written by Angela Haskins. PRESENT Yuri Kostick – Mayor Anne McKibbin, Mayor Pro Tem Doug Seabury Kevin Brubeck Andy Jessen Luis Benitez STAFF Jon Stavney, Town Manager Tom Boni, Town Planner Tom Gosiorowski, Town Civil Engineer Jenny Ellringer, Town Clerk Ed Sands, Town Attorney Robert Kohrmann, Building Official ABSENT Sarah Baker NO. ITEM CALL TO ORDER – Mayor Kostick called the meeting to order at 6:01 p.m. Mayor Kostick noted to the public that the Town Board has gone paperless for their packets and will have one official paper copy during the meetings. PUBLIC COMMENT Citizens are invited to comment on any item Not on the Agenda subject to a public hearing. Please limit your comments to five (5) minutes per person. Mayor Kostick opened the meeting for public comment. Jan Rosenthal from 531 Green Mountain Drive addressed the Board with her concerns regarding the Eagle Information Center. Jan believes the Eagle Information Center is in direct competition with local businesses with its current set up as a gift store. Additional concerns were brought up regarding Jan’s consignment items and discussions related to that TBOT July 14, 2015 65 Town Board of Trustees June 23, 2015 Page 2 NO. ITEM arrangement with the Information Center Manager. The Board was urged to formally address the goals, mission and purpose of the Eagle Information Center as it relates to promoting and advocating for local business. Jan also outlined her concerns in a detailed memo with attachments that she gave to the Board to review. The Board did comment that the Eagle Information Center was discussed at the budget and was tasked with attempting to break even. With the changes made to sales process and items, it has achieved that task. Additionally, the location is part of the Eagle River Sub Area Plan, which does outline updated planning for that entire area. The Board also agreed to address this topic at a public meeting. Tim Barca 798 Booth Creek Vail. Tim commented that he has worked in Vail for 25 years and would like the Eagle Information Center topic to be addressed from a local business standpoint as Jan had already presented. Donna Meyer stated she was present tonight because she agrees the Eagle Information Center should not be in the business of retail, she would like to see businesses solicited to open stores in Eagle and felt we needed more restaurants. Andre Shy 701 Prince Alley stated his concerns surround the construction in his neighborhood and the debris in the road he believes gave him two flat tires. Andre would like to see code enforcement patrol this area regarding vehicles parking on the roadway because of his concerns regarding children in the neighborhood around these trucks and garbage trucks being able to enter the street to pick up trash. Sandra Rose 214 Brush Creek Terrace. Sandra stated she is here on behalf of Julia Preston who owns Jules retail store on Broadway. In Julia’s letter she outlined her concerns regarding enforcement of two-hour parking for businesses on Broadway and the lack of referrals received from Eagle Information Center to her store. Sandra stated she worked at the Eagle Information Center for one extended season about 5 years ago. Sandra believes the location could serve as a store front for locals who cannot afford a storefront. She also previously worked at the Vail Information Booth and during that time she was trained to exclusively refer travelers and visitors to Vail businesses only. She believes Eagle can and should do the same. Sandra would also like to see cardboard be picked up curbside with the other recycling. Mayor Kostick closed public comment at 6:48 p.m. CONSENT AGENDA (Consent agenda items are routine town business, items which have received clear direction previously from the board, final land use file documents after the public hearing has been closed, or which does not require board deliberation.) 1 Minutes: June 9, 2015 (Town Clerk) TBOT July 14, 2015 66 Town Board of Trustees June 23, 2015 Page 3 NO. 2 ITEM Resolution No. 49 A Resolution Of The Board Of Trustees Of The Town Of Eagle, Colorado, Appointing Scott Turnipseed And Grant Murphy To Fill Two Year Terms On The Eagle Ranch Housing Board (The Eagle Ranch Housing Corporation Bylaws require three appointments from the Town of Eagle. Both Scott Turnipseed and Grant Murphy’s terms expires June 30, 2015. These are twoyear terms. Both have consented and agreed to be reappointed for two more years. Anne McKibbin is currently on the Board as well and her term expires June 2016.) MOTION: Trustee McKibbin motioned to approve the Consent Agenda. Trustee Jessen seconded. The motion PASSED unanimously. PRESENTATIONS Resolution No. 48 Community Impact Award (Amy Cassidy) (The nomination form will be available July 1st- August 15th. Amy Cassidy will be soliciting nomination sources and Town Clerk will be collecting forms.) Amy Cassidy presented this item to the Town Board. This request is to formally adopt the award structure and approve the form for nominations. The Board had questions regarding the timing of the award, the intent was to not compete with other community award events and to help it stand out. Nomination form will be available July 1st. Mayor Kostick noted this award is not just for Eagle residents, but for those that have a positive impact on Eagle itself. MOTION: Trustee McKibbin motioned to approve Resolution 48-2015. Mayor Kostick seconded. Motion PASSED unanimously. Land Use files were requested to go before Joe Staufer presentation as they required less time. LAND USE 1 Project: File #: Applicant: Location: Development Agreement for Village Market at Eagle Ranch DR14-06 Eagle Ranch Village, LLC 787, 785, 795 Sylvan Lake Road (Lot 3, Filing 5, Lot 5 Filing 5, Lot 6, Filing 6, Lot 7 Filing 6 all of Eagle Ranch Subdivision) Staff Contact: Tom Boni (Town Planner) Request: Review of Development Agreement associated with a Development Plan approval to permit the construction of a 15,000 square foot commercial building. (This is Resolution No. 50) Resolution No. 50 Approving A Development Plan For The Construction Of An Approximately 15,000 Square Foot Grocery Store And Appurtenances On Lot 2 And Tract A, Eagle Ranch, Filing No. 30, Subdivision Within The Town Of Eagle; Approving A Development Improvements Agreement, Dated June 23, 2015, Between The Town And Eagle Ranch Village, LLC.; Approving A Site Specific Development Plan Establishing A Vested Property Right Pursuant To Article 68 Of Title 24, C.R.S. And Section 4.17.030 Of The Eagle Municipal Code; And Authorizing The Issuance Of A Major Development Permit For Said Property (Town Planner) TBOT July 14, 2015 67 Town Board of Trustees June 23, 2015 Page 4 NO. ITEM Tom Boni stated this was a re-advertised public hearing and is open to the public for comment. Mayor Kostick opened the item for public comment. There was no public comment. MOTION: Trustee McKibbin motioned to approve Resolution 50-2015. Trustee Jessen seconded. The Motion PASSED unanimously. 2 Project: File #: Applicant: Location: Staff Contact: Request: Second Street Suites Hotel DR15-05 Daniel Ritsch (Wall Street Family Partners, LLC) 120 Second Street & 214 Wall Street Matt Farrar (Assistant Town Planner) Major Development Plan review of a 23-unit boutique hotel. (Applicant requests continuance to July 14, 2015 Meeting) MOTION: Trustee McKibbin motioned to continue File DR15-05 Second Streets Suites Hotel to the July 14, 2015 Board Meeting. Trustee Jessen seconded. Motion PASSED unanimously. 3 Project: File #: Applicant: Location: Staff Contact: Request: Second Street Suites Hotel MS15-02 Daniel Ritsch (Wall Street Family Partners, LLC) 120 Second Street & 214 Wall Street Matt Farrar (Assistant Town Planner) Minor Subdivision to consolidate two tax lots into one larger lot. (Applicant requests continuance to July 14, 2015 Meeting) MOTION: Trustee McKibbin motioned to continue File MS15-02 Second Streets Suites Hotel to the July 14, 2015 Board Meeting. Trustee Jessen seconded. Motion PASSED unanimously. 4 Project: File #: Applicant: Location: Staff Contact: Request: Sign Code Regulations LURA15-02 Town of Eagle N/A Tom Boni (Town Planner) & Matt Farrar (Assistant Town Planner) Comprehensive changes to Section 4.08 of the Town of Eagle Land Use and Development Code – Sign Code. Changes will increase the size allowance for some districts and provide for more varied types of signs. (Staff requests tabling of this item to eliminate continuances. When staff has code language prepared for adoption by Ordinance, it will schedule for a public hearing.) MOTION: Trustee McKibbin motioned to table LURA15-02 until further notice. Trustee Jessen seconded. Motion PASSED unanimously. Eagle Police Department Updates and Discussion on Title 8 of EMC Animals (Joey Staufer and Daniel Ettinger Eagle County Animal Control Services) (Staff is looking for direction on code language related to demonstrable control for Ordinance adoption and feedback on fine structure.) TBOT July 14, 2015 68 Town Board of Trustees June 23, 2015 Page 5 Joe Staufer and Daniel Ettinger presented their thoughts on updates to the animal control section of the Eagle Municipal Code and how to address “demonstrable control” or leash requirements for pets. Currently the code does not address any community or special events regarding pets, nor do we currently have any “pet friendly” areas formally designated. Additionally HOA issues come up for Animal Control officers quite often and we currently do not have jurisdiction to enforce on HOA properties. Additional proposed changes will include modifications to the fine structure to be consistent with areas in Eagle County. Daniel Ettinger stated the purpose of his staff role at Eagle County Animal Control is to provide education and to be proactive. He provided a slide presentation on “demonstrable control” issues he felt the Board needed to consider. Best practices generally do not allow pets at special events, due to health code issues and enforcement/public safety. If we want to curtail pets ate special events, we should provide Amy Cassidy with that information so she can promote Town sanctioned pet friendly events, as our Town Parks currently do not allow dogs. Some considerations were discussed for “pet friendly” or dog park like areas. Town Board debated different areas in town and would like to consider any options at a public hearing. Signage, fencing and separation from children are considerations. The additional topic of having a provision in the new ordinance allowing the Town and Eagle County Animal Control as its contractor to enter onto public right of ways in HOA controlled areas to assist with complaints and calls in those areas. Currently HOA property is considered private and it is difficult to manage in these areas when it comes to animal complaints. It was suggested to get in touch with HOAs prior to this public hearing to gain their input and attendance. Mayor Kostick called a break at 7:47 p.m. Meeting resumed at 7:56 p.m. Joe Staufer continued his presentation with an update on the Eagle Police Department, specifically related to departmental vision, strengths and goals. Community policing and integrated policing will continue to be at the forefront for Eagle PD. The addition of a School Resource Officer will help with educating schools, pre-teens and teens regarding drug awareness, bullying, internet safety and smart phone apps. Cross Training with the Town Clerk on court clerk duties will take place in the near future for backup purposes. DECISIONS, ORDINANCES, RESOLUTIONS & MOTIONS Ordinance No. 08 An Ordinance Of The Town Of Eagle, Colorado Adopting A Municipal Court Surcharge Which Shall be Used Exclusively by the Town of Eagle for Police Officer Training and Equipment (Joey Staufer) TBOT July 14, 2015 69 Town Board of Trustees June 23, 2015 Page 6 Joe Staufer stated that the surcharge would go directly into a separate fund and not the general fund. Funds will be a more reliable stream used only for training and equipment. The Judge cannot change the surcharge, it will be mandatory. All tickets written will have this charge clearly marked with a total due including the surcharge. Ed Sands addressed how surcharges and fees charged by the Town are legal and can be used fund specific departments. They are not considered taxes when used in the manner being proposed. MOTION: Trustee Brubeck motioned to approve Ordinance 08-2015. Trustee McKibbin seconded. Motion PASSED unanimously. Ordinance No. 16 FIRST READING An Ordinance Of The Town Of Eagle, Colorado Adopting By Reference As Primary Codes The National Electrical Code 2014 By The National Fire Protection Association; Amending Certain Sections Of The National Electrical Code; Amending The Electrical Permit Fees And Repealing All Ordinances Of The Town Of Eagle, Colorado, In Conflict Or Inconsistent Herewith; Providing Penalties For Violation Of The Provisions Of These Codes; And Providing For The Effective Date Of This Ordinance And The Codes Adopted Herein By Reference. (Building Official) (On this First Reading, the Board will need to open this item to set the public notice dates and set the second reading date; those dates are: Public Notices June 25 and July 2; Second Reading date: July 14, 2015.) MOTION: Trustee McKibbin motioned to approve Ordinance 16-2015 on First Reading, setting the publication dates of June 25, 2015 and July 2, 2015 and setting the second reading public hearing date of July 14, 2015. Trustee Jessen seconded. Motion PASSED unanimously. Ordinance No. 18 An Ordinance Of The Town Of Eagle, Colorado Amending Certain Provisions Contained In Chapter 4.04 Of The Eagle Municipal Code Concerning Temporary Uses And Certain Provisions Concerning Special Use Permits Contained In Chapter 4.05 Of The Eagle Municipal Code, Also Known As The Town Of Eagle Land Use And Development Code (Town Planner) MOTION: Trustee Benitez motioned to approve Ordinance 18-2015. Trustee McKibbin seconded. Motion PASSED unanimously. Resolution No. 47 Approving a Bicycle and Pedestrian Trail Extension Agreement Between The Town of Eagle and Abrika Properties, LLC. Jon Stavney directed the Board to Tom Boni’s staff memo on this item. MOTION: Trustee McKibbin motioned to approve Resolution 47-2015. Trustee Brubeck seconded. Motion PASSED with the following voting AYE: Jessen, Brubeck, McKibbin, Kostick, and Benitez. ABSTAINED: Seabury. EXECUTIVE SESSION To hold a conference with the Town’s attorney to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b). Executive Session was not necessary. TBOT July 14, 2015 70 Town Board of Trustees June 23, 2015 Page 7 Ordinance No. 17 An Emergency Ordinance Establishing A Moratorium on The Receipt, Processing and Approval of Any New Application For A Permit or License Related to the Operation of A Business that Sells or Produces Recreational or Medical Marijuana Town Clerk Jenny Ellringer stated this moratorium reflects the need for staff to ensure the application process is consistent for applicants. Because there are several layers involved when applicants request these license types, a process needs to be implemented to accept multiple applicants, if that situation arises. The period of time being requested for this moratorium on accepting applications is for 90 days, and if additional time is needed, it will be requested. MOTION: Trustee McKibbin motioned to approve Ordinance 17-2015 and Declaring an Emergency. Trustee Benitez seconded. Motion PASSED unanimously and by majority vote. MANAGER ITEMS Jon Stavney informed the Board that John Staight is working on improved designs of the takeout area at our boat ramp. Some minor adjustments and enhancements are necessary. We can work on the Corps of Engineers permit for two years, it is best to get this done while this permit is active. Numbers will be forthcoming. Jon Stavney stated we are posting our lead wastewater plant operator and will be advertising for that position. We currently have a Class A on staff who can run the plant in the interim. CenturyLink Retail Store – update to the Board in packets regarding closure of the CenturyLink location on Market Street in July. Tom Gosiorowski stated the Highway Six devolution plan is going forward as the transportation commission approved it. The next steps will involve proposing it to be in next year’s budget, preparing a closing for the land transfer and easements. Working with Town of Gypsum and negotiating details on this plan was discussed. There are other considerations outside of this roadway, which include residents who live in the county along this road will have option to annex. There are additional costs for policing and access. Tom stated we will be getting a dollar offer and it is subjective when it comes to your considerations. Tom will also have a detailed report for the Board to review prior to accepting the State’s offer. Intergovernmental Agreement with Eagle County – Parks – Jon Stavney stated that Eagle County ratified the agreement yesterday at their work session with a $25K match. They do not want to fund any additional dollars until they see what the real costs of the water park are. WECMRD Update – Jon Stavney discussed options for providing funding towards design costs of fitness center with WECMRD. Board discussed funding sources, specifically the Open Space Fund. Ultimately they determined it did not meet open space criteria and felt that since the Town did not budget for this expense for 2015, that it may not make sense to sacrifice other priorities to make it available. Additional concerns were raised regarding ultimate funding of the building costs. The Board discussion resulted in request for a Board to Board meeting with WECMRD to resolve. Source Gas Pipeline Reroute – Tom Gosiorowski is assisting John Staight with this item. The Town has a strong interest in this pipeline reroute as it could have major impacts on residents, TBOT July 14, 2015 71 Town Board of Trustees June 23, 2015 Page 8 on our open space and on BLM. Staff has focused on evaluating the construction impacts has the following concerns: 1. How does this gas main run through the Town of Eagle. BLM research has identified a rare plant in the area previously considered for reroute. That puts Town of Eagle in the arena to make strong suggestions to come up with alternate locations to mitigate impacts on residents in Eagle Ranch who are located along the easement of the pipeline that needs to be replaced. The disturbance could be large and inconvenient. Town Board clearly indicated they are interested in the discussion, outcome and progression of this item. Staff was directed to stay involved and report to the Board on progress, information and any assistance that is needed to help with proposing an alternate pipeline route. Focus going forward will be advocate for residents for the best possible outcome and least impactful to the Town. EXTENDING MEETING MOTION: Mayor Kostick motioned to extend the meeting past 10:00 p.m. Trustee Seabury seconded. Motion PASSED unanimously. CLERK ITEMS Administrative Liquor License Approvals OPEN DISCUSSION & BOARD COMMENTS Trustee Jessen – Urban camping idea. Would like to find a way to allow a special permit to residents to allow campers in their yards. Standards would be in the permit. Trustee Jessen – wanted to know why there are not rent controlled apartments like there are deed restricted for sale units. Ed Sands stated the State of Colorado banned rent control. Trustee Jessen – broadband issue. How to address getting businesses to come to Eagle without high speed service/broadband. Jon Stavney stated other communities are spending millions on creating their own utility to provide it. This will be discussed in Bruce’s economic development plan. We would need to allocate resources to this. Trustee Jessen – felt that neighborhoods should be able to “opt-in” on leash less areas. Trustee Brubeck - stated that the Town needs to adhere to agreement with Roger McLaughlin. Jon Stavney stated the Town is fully complying with the agreement. Trustee Brubeck – we need to address the info center at budget season and determine our policy and big picture goals for it. Trustee Benitez –regarding the information center, if we cannot make it profitable and it is a financial burden, we need to consider what our alternatives are for this space. What do we want it to be? Trustee Benitez – will be staying on the Board during transition to Denver position. Every effort will be made to make meetings at least once per month through January. Trustee Seabury – we need to look at the mission of the information center and determine what we want for it. TBOT July 14, 2015 72 Town Board of Trustees June 23, 2015 Page 9 Trustee Seabury – considerations for making capitol a one-way to direct traffic down Broadway. With current closure, businesses are noticing an uptick in sales with the traffic diversion. Further discussion with Tom G. and providing a preliminary plan and cost analysis on Capitol one-way will be forthcoming. Trustee Seabury – we need to look at enforcing the two hour parking limit. Mayor Kostick – we need to reevaluate the information center purpose and costs. ADJOURN MOTION: Trustee McKibbin motioned to adjourn from the regular meeting. Trustee Jessen seconded. Motion PASSED unanimously. _______________ Date _______________________________________________ Yuri Kostick, Mayor ________________________________________________ Jenny Ellringer, Town Clerk TBOT July 14, 2015 73 TOWN OF EAGLE, BILL SCHEDULE JUNE 2015 GENERAL FUND Administration Bruce Batten Desposato Jennifer Hutchinson Laurie O'Connel Colorado State Treasurer Assurant Meritain Health Colorado Department of Revenue Vinci Law Office LLC Pinnacol Meritain Health United States Treasury CBI Online Sandy's Office Supply Fleet Services Jenny Ellringer Amazon The Digital Cabin Pitney Bowes Signature Signs Colorado Mtn News Media Century Link Verizon Wireless Xpress Bill Pay Colorado Mtn News Media Copy Plus Sands Law Office Tom Boni Sands Law Office Hays Maggard & Hood Safebuilt Caselle Microsoft The Digital Cabin Beaver Run Reservation Red Canyon Café Colorado Municipal Clerks Mountain States Employers Council Lewan & Associates Eagle County Historical Society Cirsa Signature Signs Utility Refund Utility Refund Utility Refund Utility Refund Unemployment Tax LTD Insurance Health & Life Insurance Wage Garnishment Wage Garnishment Worker's Compensation Health Insurance ACA Tax-Health Insurance Office Expense Office Supplies Oil & Gas Oil & Gas Supplies-Equipment Supplies-Equipment Communication & Transportation Communication & Transportation Legal Notices Utilities Utilities Credit Card Charges Reimbursable Legal Reimbursable Legal Reimbursable Reimbursable-ABWD Legal Audit Services Inspection Services Computer Support Computer Support Computer Support Travel Expense Meeting Expense Tuition Tuition Contract Payments Misc Expense Pavilion Insurance Contingency:Miller & Powell Apprec. $ 8.30 9.49 68.46 86.20 1,713.80 1,620.05 29,293.76 750.00 2,092.10 91.95 21,938.02 41.60 6.85 158.75 61.24 22.26 89.97 36.00 51.00 340.00 1,756.08 920.99 89.37 684.08 405.36 132.00 3,079.75 10.25 4,458.33 12,000.00 26,439.87 695.67 241.00 2,900.55 172.00 63.50 347.00 355.00 725.10 995.00 599.66 385.00 TBOT July 14, 2015 74 Eagle Flight Days Kolor for Kailyn Signature Signs Speak Up Reach Out Total Administration Streets Pinnacol Meritain Health United States Treasury King Soopers Customer Charges Sandy's Office Supply Airgas Alpine Lumber G&S Tool Clinic Lawson Products Oldcastle SW Group United Rentals Valley Electric Supply Wear Parts Wylaco Supply PST Enterprises Safety Kleen Zep Sales Fleet Services Alpine Lumber The Digital Cabin Honnen Equipment Lawson Products US Post Office Valley Electric Supply Zep Sales Colorado Mtn News Media Century Link Holy Cross Energy Verizon Wireless Microsoft Total Streets Public Safety Pinnacol Meritain Health United States Treasury Ebay Marketplace, Vista Print Sandy's Office Supply Amazon Colorado Dept of Agriculture Community Requests Community Requests Flight Days Banners Community Requests $ Worker's Compensation Health Insurance ACA Tax-Health Insurance Office Supplies Office Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies Vehicle R&M Supplies Vehicle R&M Supplies Vehicle R&M Supplies Oil & Gas Supplies-Equipment Supplies-Equipment Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Legal Notices Utilities Utilties Utilities Computer Support $ $ Worker's Compensation Health Insurance ACA Tax-Health Insurance Office Supplies Office Supplies Operating Expense Operating Expense $ 6,000.00 150.00 106.00 500.00 122,691.36 556.67 19,195.77 31.20 35.16 61.74 128.85 17.97 57.93 374.97 1,409.30 561.85 982.13 254.30 635.51 272.29 37.15 459.05 1,424.95 129.99 2,387.41 800.00 27.56 23.30 127.16 44.90 385.20 777.29 2,270.82 466.99 113.00 34,050.41 908.61 27,422.52 56.16 68.92 76.54 131.43 40.00 TBOT July 14, 2015 75 Berthod Motors Costco Fleet Services Pro-Vision Inc Copy Plus Federal Express Pro-Vision Inc CACP PoliceOne.com Century Link Vail.Net Colorado.Net Verizon Wireless Sands Law Office Berthod Motors Microsoft Carrie Buhlman Hilton Hotel Jay Seckman CACP Eagle County Animal Control High Country Copiers Total Public Safety Building & Grounds Pinnacol Meritain Health United States Treasury Alpine Lumber Eagle Lock & Key EVS Supply Ferguson Enterprises G&S Tool Clinic GH Daniels Grainger Grand Junction Pipe & Supply HD Supply HVAC Supply PST Enterprises Rivendell The Paint Bucket United Rentals Wylaco Supply PST Enterprises Fleet Services Sno-White Linen Supply Works EVS Supply Vehicle R&M Supplies Vehicle R&M Supplies Oil & Gas Supplies-Equipment Communication & Transportation Communication & Transportation Communication & Transportation Annual Dues Dues & Subscriptions Utilities Utilities Utilities Municipal Court Vehicle R&M Labor Computer Support Travel Expense Travel Expense Meeting Expense Training Animal Control Contract Payments $ Worker's Compensation Health Insurance ACA Tax-Health Insurance R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies R&M Supplies Vehicle R&M Supplies Oil & Gas Janitorial Service Janitorial Supplies Communication & Transportation $ 57.29 89.13 957.60 280.25 35.91 66.29 15.00 240.00 840.00 401.01 118.57 719.46 38.00 180.00 70.00 460.00 438.60 17.82 350.00 1,700.00 93.88 35,872.99 375.66 8,226.76 14.56 210.67 42.25 159.00 14.97 68.22 160.00 219.12 1,422.61 292.98 10.97 118.54 790.10 30.73 25.09 25.89 143.19 1,040.40 143.50 1,012.38 42.70 TBOT July 14, 2015 76 Century Link Holy Cross Energy Source Gas Jerrymaster Janitorial Avalanche Property Maintenance Drains 24/7 GH Daniels Superior Alarm Tri-County Carpet Cleaning Tri-County Fire Protection Vail Honeywagon Microsoft Total Buildings & Grounds Information Center Pinnacol Copy Plus Costco Signature Signs Wal-Mart, Lowes Home Depot, Habitat for Humanity Alida's Fruits Cedar Ridge Wholesale Colorado Candy Kitchen Colorado Mountain Club Costco Del Mundo Down to Earth Pottery Eagle Products Ganz USA Gem Guides Book Co Gold Crest Distributing Jilzarah Keller-Charles Left Hand Studios Lemon Tree Lucky in Love Meadow Gold Grand Junction Northwest Laser Design Plushland Red Canyon Spice Salem Minerals Salud Salads Sanborn Sunburst Companies The Lipco Group Woodcutts Inc Utilities Utilties Utilities Janitorial Service R&M Labor R&M Service Flower Contract R&M Service R&M Labor R&M Service R&M Service Computer Support $ Worker's Compensation Office Supplies Operating Supplies Operating Supplies Operating Supplies Supplies-Equipment Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale Supplies for Resale $ 86.34 2,371.62 1,465.76 2,158.00 126.00 820.00 1,660.00 140.00 168.00 45.00 83.55 38.00 23,752.56 4.91 81.79 118.27 192.00 35.55 249.91 581.28 317.00 2,666.41 365.15 392.11 576.00 768.00 2,394.50 834.50 191.40 428.97 243.90 134.40 554.50 287.25 524.75 859.68 399.00 72.00 222.00 900.00 108.00 493.00 281.25 513.00 444.00 TBOT July 14, 2015 77 Becky Iglehart Carol Broere Casa Tinduk Erica Duke Cynthia Lepthien Derived From Nature Eagle County Historical Society Gojan Nikolich Jim Salcke Jubois Company Mickey Fried Nancy Knickerbocker Nature's Details New Song Corporation Pamela Saden Pocadot Rena Horn Rick Olsen Sam Williams Shadey Deals Suzie White Teresa Hauser Colorado Department of Revenue Alida's Fruits Cedar Ridge Wholesale Colorado Candy Kitchen Colorado Mountain Club Del Mundo Down to Earth Pottery Eagle Products Federal Express Ganz USA Gem Guides Book Co Jilzarah Keller-Charles Left Hand Studios Lemon Tree Lucky in Love Northwest Laser Design Plushland Salem Minerals Sanborn Sunburst Companies The Lipco Group Woodcutts Inc Century Link Orkin Total Information Center Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Supplies for Consignment Sales Tax Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Utilities R&M Service $ 21.56 29.40 56.25 75.74 40.79 883.28 21.00 15.00 24.00 144.95 9.00 270.00 84.00 1,003.31 110.50 75.60 39.38 69.75 63.75 33.60 207.00 1,978.00 58.13 12.39 151.35 14.00 12.16 53.94 145.91 11.44 52.71 5.22 10.36 13.42 13.50 11.00 18.75 20.79 13.59 25.64 33.09 21.06 30.34 14.20 304.29 53.00 22,590.62 TBOT July 14, 2015 78 Marketing Pinnacol Meritain Health United States Treasury Jeff Cricco Photography Microsoft Colorado Mtn News Media Mountain Town Magazine Always Mountain Time Colo High School Cycling League Department of the Interior/BLM Town of Avon Uncommon Communications Yoga Off Broadway Total Marketing Worker's Compensation Health Insurance ACA Tax-Health Insurance Promotional Materials Computer Support Media Media Events Home Show Events Events Events Events Events-Zen Project TOTAL ADMINISTRATION WASTEWATER FUND Erik Paulson Pinnacol Meritain Health United States Treasury Zee Medical Alpine Lumber Ferguson Enterprises Grand Junction Pipe & Supply King Soopers Customer Charges PST Enterprises Western Slope Supplies Wylaco Supply Grand Junction Pipe & Supply Water Technology Group PST Enterprises Fleet Services The Digital Cabin Federal Express Grand Junction Pipe & Supply PST Enterprises Century Link Holy Cross Energy Source Gas Veris Environmental B.A. Lawrence Johnson Excavation & Telecomm. Water Technology Group Microsoft Utility Refund Worker's Compensation Health Insurance ACA Tax-Health Insurance Office Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies R&M Supplies R&M Supplies Vehicle R&M Supplies Oil & Gas Supplies-Equipment Communication & Transportation Communication & Transportation Communication & Transportation Utilities Utilties Utilities Sludge Disposal R&M Labor R&M Labor R&M Service Computer Support $ $ 34.90 2,742.25 4.16 2,000.00 17.00 487.20 300.00 1,500.00 4,000.00 105.00 720.00 10,000.00 1,000.00 22,910.51 $ 261,868.45 $ 238.88 159.79 5,484.50 10.40 132.68 75.38 42.40 27.49 11.94 344.26 80.80 41.15 364.81 3,025.97 63.73 323.14 844.93 289.21 25.22 15.68 400.51 9,504.00 3,069.02 2,991.54 1,190.00 855.00 1,598.00 31.00 TBOT July 14, 2015 79 Hatch Mott MacDonald Hatch Mott MacDonald Accuttest Eagle River Water & Sanitation District Seacrest Group OCPO TOTAL WASTEWATER FUND WATER FUND Erik Paulson Pinnacol Meritain Health United States Treasury ChemTrade DPC Industries Kubwater Amazon EmTech Hach Company PST Enterprises Fleet Services Grand Junction Pipe & Supply EmTech Hach Company Kubwater Proforma US Post Office Colorado Mtn News Media Century Link Ferrell Gas Holy Cross Energy Garfield & Hecht Garfield & Hecht Resource Engineering BOR-Great Plains Region EmTech Inland Potable Services Microsoft Eagle River Water & Sanitation District Browns Hill Engineering Lewan & Associates Hatch Mott MacDonald Eagle County Building Department Environmental Solutions Grand Junction Pipe & Supply 360 Civil Inc US Post Office TOTAL WATER FUND WWTP 10 yr Plan Mixing Zone Study Testing Testing Testing & Permits Tuition $ Utility Refund Worker's Compensation Health Insurance ACA Tax-Health Insurance Operating Supplies Operating Supplies Operating Supplies R&M Supplies R&M Supplies R&M Supplies Vehicle R&M Supplies Oil & Gas Supplies for Resale Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Communication & Transportation Legal Notices Utilities Utilities Utilties Legal Reimbursable Legal Engineering Green Mountain Reservoir R&M Service R&M Service Computer Support Testing Computer Support Contract Payments Upper Basin Water Treatment Plant Main Replacement Old Water Plant Main Replacement Main Replacement Water Main Replacement Communication & Transportation $ $ 14,652.50 12,657.50 1,067.00 2,010.00 1,015.00 55.00 62,698.43 61.95 352.64 13,711.26 24.96 5,067.79 114.00 3,944.69 20.82 1,355.00 1,132.00 49.87 197.41 2,358.20 62.40 41.67 266.59 315.00 1,318.16 335.75 1,688.55 4,168.28 6,307.89 105.00 1,358.23 3,071.13 2,345.00 4,270.00 4,720.00 31.00 140.00 4,670.00 198.84 1,750.00 55.00 5,319.81 256.71 121,068.00 2.24 192,255.84 TBOT July 14, 2015 80 REFUSE Vail Honeywagon Copy Plus Grand Junction Pipe & Supply TOTAL REFUSE FUND Contract Services Yardwaste Facility Yardwaste Facility CAPITAL IMPROVEMENT FUND Eagle County Clerk & Recorder Oldcastle SW Group Eagle County Solid Waste & Recycling Eagle Villas LLC Colorado Mtn News Media Signature Signs United Rentals TOTAL CAPITAL IMPROVEMENT FUND License Plates Town Park Improvements ROW Improvements Path Improvements Eby Creek Final Pmt Notice 4x4 pickups Truck-Streets CONSERVATION TRUST FUND Bear Saver TOTAL CONSERVATION TRUST FUND OPEN SPACE FUND Pinnacol Bear Saver Alpine Lumber Bill Johnson Signature Signs Bear Saver Microsoft Mountain Pest Control Metcalf Archaeological Consultants Eagle County Solid Waste & Recycling Brush Creek Landscaping Brush Creek Landscaping TOTAL OPEN SPACE FUND TOTAL BILL SCHEDULE TOTAL PAYROLL TOTAL $ $ $ 87,980.65 9.90 20.15 88,010.70 $ 9.09 13,388.00 1,123.14 10.00 20.40 285.00 749.00 15,584.63 Nogal Park Trash Can $ $ 1,257.95 1,257.95 Worker's Compensation R&M Supplies Trail R&M Supplies R&M Supplies Signage Communication & Transportation Computer Support Weed & Pest Control Surveys/Services Swallow Oil Property Chambers Contingency Contingency $ $ 51.87 1,082.95 22.95 2,500.00 61.00 175.00 17.00 450.00 356.25 918.50 1,965.00 1,985.00 9,585.52 $ $ $ 631,261.52 197,408.27 828,669.79 TBOT July 14, 2015 81 ORDINANCE NO. 19 (SERIES 2015) AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO CORRECTING A CLERICAL ERROR CONTAINED IN ORDINANCE NO. 03, SERIES OF 2015, AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE ANSI/ASME SAFETY CODE FOR ELEVATORS AND ESCALATORS, A17.1 - 2013 EDITION, PROMULGATED BY THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL, AND THE ANSI/ASME SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS A18.1 – 2011 EDITION PROMULGATED BY AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL; AMENDING SUBSECTION (X) OF SECTION 13.03.020 OF THE EAGLE MUNICIPAL CODE; REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. WHEREAS, on March 10, 2015, the Board of Trustees of the Town of Eagle approved Ordinance No. 03, Series of 2015, entitled " AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE ANSI/ASME SAFETY CODE FOR ELEVATORS AND ESCALATORS, A17.1 - 2013 EDITION, PROMULGATED BY THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL, AND THE ANSI/ASME SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS A18.1 –2011 EDITION PROMULGATED BY AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL; AMENDING SUBSECTION (X) OF SECTION 13.03.020 OF THE EAGLE MUNICIPAL CODE; REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE."; and WHEREAS, said Ordinance contained an erroneous reference in Section 1 to amend “Section 13.03.030” due to a clerical error. The correction reference for the amendment is to “Section 13.03.020”; and WHEREAS, by this Ordinance, the Board of Trustees of the Town of Eagle, Colorado desires to correct said clerical error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EAGLE, COLORADO: Section 1. All references to "Section 13.03.030 " contained in Ordinance No. 03, Series of 2015, are hereby amended to read "Section 13.03.020" TBOT July 14, 2015 85 INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Eagle, Colorado, held on July 14, 2015. TOWN OF EAGLE, COLORADO ATTEST: By: ___________________________ Yuri Kostick, Mayor _______________________________ Jenny Ellringer, Town Clerk Publication Date: _______________________________ TBOT July 14, 2015 86 Trustee __________________________ introduced, read and moved the adoption of the ordinance titled, AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO CORRECTING A CLERICAL ERROR CONTAINED IN ORDINANCE NO. 03, SERIES OF 2015, AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE ANSI/ASME SAFETY CODE FOR ELEVATORS AND ESCALATORS, A17.1 - 2013 EDITION, PROMULGATED BY THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL, AND THE ANSI/ASME SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS A18.1 – 2011 EDITION PROMULGATED BY AMERICAN SOCIETY OF MECHANICAL ENGINEERS AND THE INTERNATIONAL CODE COUNCIL; AMENDING SUBSECTION (X) OF SECTION 13.03.020 OF THE EAGLE MUNICIPAL CODE; REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. and upon adoption that it be published pursuant to law and recorded in the Book of Ordinances. Trustee _________________________ seconded the motion. On roll call, the following Trustees voted "Aye": ___________________________________, ____________________________________, ___________________________________, ____________________________________, ___________________________________, ____________________________________. ___________________________________. Trustees voted "Nay": ___________________________________, ____________________________________, ___________________________________. TBOT July 14, 2015 87 ., INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF EAGLE AND EAGLE COUNTY REGARDING DESIGN, LEASE AND USE OF THE FUTURE EAGLE RIVER PARK THIS AGREEMENT is ente red into thi s _ _ day of , 2015 , pursuant to Section 29-1-203, C. R .S ., by and between th e TOWN OF EAGLE, a po litical s ubdivi s ion of the State of Co lorado, acting by and through its Board of Trustees (herei nafter the "Tow n "), a nd EAGLE COU NTY, a body co rpo rate and politic, by and through its Board of Co unt y Com mi ss ioners (hereinafter the "Count y"). Together, the T own and th e County are referred to here in as th e "Pa rti es." WHEREAS , the Cou n ty des ires to ex plore the e nhancement of the 2.4 acre entran ce to the Fairgrounds property in o rd er to serve a variety of users and fu nctions, th ro ug h the deve lop me nt of a professional pa rk design . Said park design to include the 2.4 acres, kn own loca ll y as the tru ck parking, as well as adjacent COOT parcel and easement, and will take into co nsideratio n the important function that truck parking serves for the Fairgrounds and Eagle Co unt y Fair and Rod eo; and WHEREAS, the Tow n desires to explore the enhancement of the 4.6 acre C hamb ers Park , w hi ch c urrently co mbin es a Town information Center with an Eagle Coun ty Historical Socie ty campus, as well as a developed river access point and public restroom s; and WHEREAS , the P arti es recognize th at a coordinated pla nning effort of thei r respec tive properties wi ll lead to enhanced efficiencies and a better overall produ ct; and WHEREAS, the County ex plo re d building a whitewater park as ea rl y as 2005, an effort which stopped partially clue to lack of public property and public access along th e section of the Eagle Ri ver adjacent to the tru ck parking; and WHEREAS , in 2015 the Co unt y acquired the 4 acre COOT propei·ty a nd adj oini ng ease ment, whic h straddles the Eagle River adjacent to the truck parking, for the purpose of deve lop ing a whitewater park; and WHEREAS , the County consented in 2014 to allow th e Town to include the truck par king and othe r, limited County owned lands along the north side of Eagle Riv er within the planning area for the Eagle River Corridor Subarea Plan, which encompasses the approximately 3.4 miles of the Eagle River located within the Town 's Urban Growth Boundary; and WHEREAS , the Eagle Rive r Corridor Subarea Plan was adopted as a co mpon ent of the 2crl O Eagle Area Co mmunity Plan which was adopted by both Town and County Planning Commiss io ns, and these plans contribute positively to the physical, social and economi c well being of residents, pro perty owners and visitors of the T ow n and County , and will help to assu re that fut ure growt h in th e Eagle Area is well planned, thou g htfull y des ig ned and adequ ate ly served by roads, utilities and life safety serv ices ; and TBOT July 14, 2015 88 WHEREAS , the co mmuni ty, through the public planning process for th e Eagle Riv er Co rrid o r Subarea Plan , has identified a goal of co nnecting the Town, and m ore specificall y the Town' s Ce nt ra l Business Di strict, to the Eagle River, and a goal of developing significant instrea m and st ream side a menities along the river that will act as an eco nomic driver for the co mmu nity and be a regio na l attraction; and WHEREAS , th e area that the co mmunity has identified fo r said in-stream and s trea m s ide amenities includes th e truck parking, CDOT parcel and easement, Cham bers Park, the Swallow Oi l property (owned by Town) and certain portions of private property wh ich connect these public land s, and said area has bee n ide ntified as the " Recrea ti o n Core" in the Eagle Ri ver Corridor S ub area Plan ; and WHEREAS , th e Eagle River Corridor Subarea Plan will assure the protect io n a nd ma nagement of natural reso urces, including, but not limited to, water quality, air quality, visua l quality , vegetation, ope n spaces and wildlife habitat on lands within the approxim ate ly 3.4 mil e reach of river with in the planning area; and WHEREAS , the parties seek co llaboration tow ard their separate strategic priorities whi c h a li gn to this mutually beneficial effort; and WHEREAS, Sections 29-1-201 and 29-20-105 , C.R.S., as amended, inter alia, authorize gove rnme nt entiti es to coo perate and s hare costs associated with the implementation of mutually agreed upon m as ter planning projects ; and WHEREAS , the Town agrees to hire a professional design co nsultant to assist in the development of a detailed design for the Recreation Core, which will include in-stream ·'whitewater" featu res; and WHEREAS, the Eagle Rive r Subarea Plan has identifi ed a prefe rred align me nt for the extension of the Co unty's Eagle Valle y Trail ; and WHEREAS , the Tow n and the County believe that it is appropri ate to set forth in wr iting an agree ment rega rding the future pl anning effo rts of th e res pective properti es prior to the Parties emb arking upon the cost of professional park des ign serv ices. Such planning efforts will include, but are not necessa rily limited t:o , the potential for water parks, paths, res troo ms, uti li ty hookups , landscap ing and parking areas . NOW THEREFORE, on behalf of the citizens of Eagle County and the Town of Eagle, the Town and the County s tate the following mutual unders tanding in th e creation of an Eagle Riv er Park plan. In consideration of the obligations and term s expressed herein, the parties agree as fo ll ows: I . The Town, in coo rdination with County staff, will issue an RFP and contract with a professional park design co ns ultant for se rvices and will pay the cons ultant for services rendered . The Co unt y agrees to reimburse 50% of the costs inc urred by the Town for the planning se rvices provided by the professional park design co nsultant, 2 TBOT July 14, 2015 89 in an amount not to exceed $25,000. The Town will provide the County wilh copies of invoices as received from the consultant and the County shall reimburse th e Town the invoiced amounts, in an amount not to exceed $25 ,000, within 60 days of rece ipt. 2. The County and Town will allow their respective properties to be included in th e joint pl anning effort with the goal of achieving a mutually agreeable plan that allows the Co unty to lease its property to the Town as an in-kind contribution for the con s truction of park improvements. 3. The plan may address or result in further agreements identifying such potential items as the potential clean -up of the properties, ditch and river structural improvements to coo rdin a te with park design, potential annexation of portions of the properties, and th e provision of nrnnicipal water and wastewater to the properties . 4. Upon requ est by the Town , the County may provide staff time , GIS mapping, public re lations and outreach , and administrative assistance to the project as in-kind co ntributions. S. It is intended that the professional park design effort will include o utreach to inte rested parties for further feedback on design which at thi s Lime is at a conceptual level (see attachment A) and that ultimately the park design may be adopted by both th e T own and also by the County by Resolution. It is likely th at el e ments of project will be phased in over tim e as funding allows . 6. The parties agree in the future to jointly explore grant fundin g to assist deve lopment of the park . 111 7. The County and the Town will maintain open communications throughout the p rocess . The County will receive monthly updates from the Town regarding planning activities and progress. 8 . Thi s Agreement shall become effective upon signature of an authorized representative of th e governing body of each party, and shall remain in force and effect for one year from th e effective date, unless terminated prior thereto by either of the parties as set forth herein. Either party may terminate this Agreement for any reason, with or without cause, by providing thirty (30) day written notice to the other. 9. Any provi sion of this Agreement may be amended at any tim e prov ided th at pri o r w ritte n approval of the amendment has been obtained from both th e T own Board o f Tru s tees and the Board of County Commissioners. IO. No thing in this Agreement shall prevent either party from entering into specific s tud y agreements with any private party or governmental entity. No thing in thi s Agreement is intended to abrogate, limit, amend or affect the rights, rem edies or equitable positions of the parties in and to any agreements or actions to which th e Town or th e Count y are parties . TBOT July 14, 2015 90 11 . lt is hereby declared to be the intention of the Parties that the sections, paragraphs, sentences, clauses and phrases of this Agreement are severable and, if any phrase, clause , paragraph , sentence, or section shall be declared unconstitutional, invalid or un enforcea bl e by the valid judgment or decree of any court of compe te nt jurisdiction, s uch unconstitu tionality, invalidity or enforceability shall not affect any rema1mng phrases, clauses, sentences, paragraphs and sections of this Agreem e nt. 12. Communications und er this agreement shall be addressed as follows : Eagle County - Eagle County Pl anning, Attention: Bob Narracc i, Managing Director of Land Use, P.O. Box 179, Eagle, CO 81631 ; bob.narracci@ eaglecounty .us. Town of Eagle - Town of Eagle Planning, Attention: Tom Boni, Town Planner, P.O. Box 609, Eagle, CO 81631; tomboni @ townofeagle.org. l 3. Th e Parti es hereto agree that any financial obligations that may arise hereund e r, w he th er direct or contingent, shall only extend to payment of monies duly and lawfull y approp riated by the governing bodies of the parties hereto. Notwithstanding anyt hing to the contrary contained in this Agreement, no payment will be made fo r any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the respective Boards of the parties in compliance with the provisions of Article 25 , Title 30 of the Colo rad o Rev ised S tatutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq .) and th e TABOR Amendment (Colorado Constitution, Article X, Sec. 20) . //remainder of page intentionally left blank// TBOT July 14, 2015 91 14. The Town and the County acknowledge and agree that this Intergovernmental Agreement is for the benefit of the health, safety and welfare of the people of Eagle Cou nty, and is a proper exercise of their respective powers and authorities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written . TOWN OF EAGLE By: Yuri Kostick, Mayor Attest: By: Jenn y Ellringer, Town Clerk COUNTY OF EAGLE, STATE OF COLORADO , By and Through Its BOARD OF COUNTY COMMISSIONERS By: Attest: By: ~~ - c Teak J. Simonton, Clerk to the Board 5 TBOT July 14, 2015 92 The Town of Eagle Meetings: 2nd and 4th Tuesdays Box 609 • Eagle, Colorado 81631 (970) 328-6354 • Fax 328-5203 MEMO To: From: Date: Subject: Mayor and Trustees Kevin Sharkey July 9, 2015 Nogal Park Improvements Contract Recommendation Executive Summary The Town of Eagle received bids for the Nogal Park Improvements Project on July 1st. I am requesting the Town Board to authorize the Town Manager to sign the contract with the lowest qualified bidder: Backyard Irrigation Inc. (bid was $77,083.81). We also received qualified bids from GH Daniels and SHC Nursery and Landscape Co. Background Last fall, the TBOT approved $136,113 towards Nogal Park improvements: • Town Parks Improvements, Nogal Park: $46,613 (Capital Improvements Fund) • Town Parks Improvements, Nogal Park: $89,500 (Conservation Trust Fund) A separate project, the Villas Rec Path Repairs were completed this summer. The work was done by United. United also did work on the Nogal Park while they were on site. Nogal Park is being improved in phases, with the scope of the final phase dependent on the remaining budget (estimated at $40,000). To date, we have added soccer goals and done some earthwork in house, while United removed the asphalt parking area, added a culvert, removed Russian Olive trees, and resurfaced the basketball court. The basketball court will be striped by the end of July. Later this month, we will install a bear-proof three-stream trash/recycle container. Backyard Irrigation, if approved by TBOT, will perform the major landscape improvements including the design and installation of an irrigation system, installation of a split rail fence, and installation of sod. TBOT July 14, 2015 93 ORDINANCE NO. 16 (Series 2015) AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE NATIONAL ELECTRICAL CODE 2014 BY THE NATIONAL FIRE PROTECTION ASSOCIATION; AMENDING CERTAIN SECTIONS OF THE NATIONAL ELECTRICAL CODE; AMENDING THE ELECTRICAL PERMIT FEES AND REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EAGLE, COLORADO: Section 1: That Chapter 13.08 of the Eagle Municipal Code, concerning the National Electrical Code, is hereby repealed and reenacted to read as follows: Chapter 13 .08 NATIONAL ELECTRICAL CODE Sections: 13 .08.010 13.08.020 13.08.030 13 .08.040 Adopted by Reference. Amendments. Copies on File and Available for Sale. Penalties. 13.08 .010 Adopted by Reference, Pursuant to the power and authority conferred by the laws of the State of Colorado, there is hereby adopted by reference thereto, the National Electrical Code, 2014 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MS 02169. The purpose of this Code is the practical safeguarding of persons and property from hazards arising from the use of electricity. The subject matter of this Code includes regulations relating to the installation of electrical conductors and equipment within or on public and private buildings or other structures, including mobile homes, recreational vehicles, floating dwelling units; and other premises such as yards, carnivals, parking and other lots, and industrial substations, installations of conductors that connect to the supply of electricity and installations of other outside conductors on the premises. _1_3.~0_8_.0_2_0_ _Am __ en_dm_e_n_t_s. The National Electrical Code, 2014 Edition, is amended as follows : 1 2015 Adopting Nati onal Electrical Code 2014 June23 , 2015 TBOT July 14, 2015 94 A. sentence: Article 210.8: Article 210.8 1s amended to include the additional following All G.F.C.I. protection shall be resettable in rooms where protection is required including outside receptacles. B. Article 590.3: Article 590.3 is amended to include a new subsection (e) and shall read as follows : ( e) Permanent services on buildings which are energized for construction work will be considered as temporary service equipment until such time as the final inspection is complete. C. paragraph: Article 680. 71: Article 680.71 is amended to include the following additional All G.F.C.I. protection shall be located within the same room. It is to be installed five feet (5') off of finished floor and five feet (5') from hydro massage bathtub. The cord is not to exceed three feet (3 ') from motor to receptacle installed near the access door protected by the resettable G.F.C.I. mounted on wall. (The resettable G.F.C.I. is not to be installed under the tub.) 13.08 .030 Copies on File and Available for Sale. At least one (1) copy of the National Electrical Code, 2014 Edition, together with one copy of the Ordinance codified in this Chapter shall be kept on file in the office of the Town Clerk or the Building Official. Copies of said Code shall be available for sale to the public at a moderate price. 13.08.040 Penalties. The following article of the National Electrical Code, 2014 Edition, Article 90.4 entitled Enforcement, is hereby amended to include the following new Section 90.4.1 , Violations and Penalties, which contains the violation and penalty clause, is herewith set forth in full and hereby adopted as: Article 90.4.1: Article 90.4. l , entitled Violation and Penalties, states: Whenever the authority having jurisdiction determines that there are violations of this Code, a written notice shall be issued to confirm such findings. Any order or notice issued pursuant to this Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. 2 20 15 Adopting National Electrical Code 2014 June23,2015 TBOT July 14, 2015 95 Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. Any person, firm or corporation who shall willfully violate any of the applicable provisions of this Article shall be deemed guilty of a Class A municipal offense. Each separate day, or portion thereof, during which any violation of said Code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, and approval of, any violation of any of the provisions of the National Electrical Code. No permit presuming to give authority to violate or cancel the provisions of said Code shall be valid, except insofar as the work or use, which is authorized, is lawful. Any municipal offense under the National Electric Code, 2014 Edition, shall be deemed one of "strict liability." Section 2. That Table 4 under Section 13 .13 .080 of the Eagle Municipal Code, concemmg electrical permit fees, is hereby amended to read as follows : TABLE 4 ELECTRICAL PERMIT FEES A. Residential - Single Ownership Residence. Under 1,000 square feet : $57.50 1,001 sq. ft. to 1,500 sq. ft. $86.25 1,501 sq. ft. to 2,000 sq. ft. $115.00 More than 2,000 sq. ft. - per 100 sq. ft. $115. 00 plus $5 .7 5 per 100 sq. ft. or fraction thereof over 2,000 sq. ft. Notes: This fee is based on the enclosed living area only and includes construction, remodeling or additions to a single-family home, duplex, condominium or townhouse. Electrical Permit Fees may be adjusted annually and become effective on July 1 of each year. If a service, excluding any actual wiring, is being provided or changed, or for commercial, B. industrial or multi-family fees, the applicant shall pay permit fees as shown in this subsection (B). Total Valuation $1.00 to $2,000.00 $57.50 Fee $2,001.00 and above $57.50 plus $5.75 per $1 ,000.00 or fraction thereof Other Electrical Permit and Inspection Fees 1. M o bil e home and travel trailer parks : $57 .50 per space 3 201 5 Adopting National Electrical Code 2014 Jun e 23, 2015 TBOT July 14, 2015 96 2. Temporary power permits : $57 .50 3. Iss ua nce of each tran sfe r permit : $2 5 .00 4. In s pections outside of normal bu siness hours (minimum charge - 2 hours): $70.50/ hour 5. R e-in spection Fees: 1" Re-in spection $65 .00/hour $110 .00/ hour 2nd or Subsequent Re-in spection 6. In spection s for which no fee is specifically indicated: $65.00/hour - One hour minimum 7. Additional plan review required by changes, additions or revisions to plan s: $65 .00/ hour - One hour minimum Section 3. Repeal. Any Ordinance of the Town of Eagle, or part thereof, whose provisions are in conflict with this Ordinance, is hereby repealed. Provided, however, this Ordinance shall not affect the construction of buildings for which permits were issued prior to the effective date of this Ordinance, and all buildings under construction pursuant to the time of the issuance of said permit; provided further, however, that no construction authorized by an existing permit shall be altered without complying with the newly adopted building codes. The adoption of this Ordinance shall not prevent the prosecution of violations of any prior ordinance prior building codes which occurred prior to the effective date of this Ordinance. Where this Ordinance and the codes adopted herein by reference are in conflict with other regulations or ordinances of the Town of Eagle, the more restrictive provisions shall apply. Section 4. Severability. Each Section of the Ordinance is an independent Section and the holding of any Section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other Section or part thereof. Section 5. Effective Date. Pursuant to Section 31-16-203, C.R.S, as amended, a public notice shall be published twice in a newspaper of general circulation within the Town once at least fifteen ( 15) days preceding a public hearing, and once at least eight (8) days preceding the public hearing. The notice shall state the time and place of the hearing, shall state that the copies of the primary Codes being considered for adoption are on file with the Town Clerk and are open to public inspection, shall contain a description deemed sufficient to give notice to interested persons of the purpose of the primary Codes, the subject matters of said Codes and the name and address of the agency by which it has been enacted. The public hearing on the adoption of this Ordinance shall be set for July 14, 2015. This Ordinance shall be in full force and effect following adoption and approval by the Board of Trustees, thirty (30) days following the publication of the within Ordinance. 4 20 15 Adopting National Electrical Code 2014 Jun e23, 2015 TBOT July 14, 2015 97 INTRODUCED, READ, and PUBLIC NOTICE ORDERED PUBLISHED, at a regular meeting of the Board of Trustees of the Town of Eagle, Colorado, this 23 rd day of June 2015 . Public Notice Publication Dates: June 25 , 2015 July 2, 2015 INTRODUCED A SECOND TIME at a regular meeting of the Board of Trustees of the Town of Eagle, Colorado held on July 14, 2015 , PASSED, ADOPTED AND ORDERED PUBLISHED. TOWN OF EAGLE, COLORADO, a municipal corporation By: Jenny Ellringer, Town Clerk Publication Date: July 16, 2015 5 20 15 Adopting Nati onal El ectrical Code 2014 June 23, 201 S TBOT July 14, 2015 98 FIRST READING Trustee McKibbin introduced, read and moved that the Ordinance titled: AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE NATIONAL ELECTRICAL CODE 2014 BY THE NATIONAL FIRE PROTECTION ASSOCIA TYON ; AMENDING CERTAIN SECTIONS OF THE NATIONAL ELECTRICAL CODE; AMENDING THE ELECTRICAL PERMIT FEES AN D REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO , IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENAL Tl ES FOR VIOL ATION OF THE PROVISIONS OF THESE CODES ; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND TH E CODES ADOPTED HEREIN BY REFERENCE. be passed on first reading, and the public notice be published in Eagle Valley Enterpri se on June 25, 2015 and on July 2, 2015. Trustee Jessen seconded the motion. On roll call, the flowing Trustees voted "Aye" : Kostick Jessen Brubeck McKibbin Seabury Benitez Trustees voted "Nay": None Trustees Absent: Baker 6 2015 Ad opting N ational Electrical Code 201 4 .lu ne23 , 2015 TBOT July 14, 2015 99 SECOND READING Trustee _ _ _ _ _ _ _ _ _ _ introduced, read and moved that the Ordinance titled: AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE NATIONAL ELECTRICAL CODE 2014 BY THE NATIONAL FIRE PROTECTION ASSOCIATION; AMENDING CERTAIN SECTIONS OF THE NATIONAL ELECTRICAL CODE; AMENDING THE ELECTRICAL PERMIT FEES AND REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. be passed on second reading, and ordered published as provided by law. Trustee - - - - - - - -seconded the motion. On roll call, the flowing Trustees voted "Aye": Trustees voted "Nay": 7 2015 Adopting National Electrical Code 20 14 Jun e23,20 15 TBOT July 14, 2015 100 PUBLIC NOTICE Public notice is hereby given that a regular meeting of the Board of Trustees of the Town of Eagle, Colorado, to be held on July 14, 2015 at 6:00 p.m. at Town Hall, 200 Broadway, Eagle, Colorado, the Board will consider the adoption by reference of the Ordinance entitled: AN ORDINANCE OF THE TOWN OF EAGLE, COLORADO ADOPTING BY REFERENCE AS PRIMARY CODES THE NATIONAL ELECTRICAL CODE 2014 BY THE NATIONAL FIRE PROTECTION ASSOCIATION; AMENDING CERTAIN SECTIONS OF THE NATIONAL ELECTRICAL CODE; AMENDING THE ELECTRICAL PERMIT FEES AND REPEALING ALL ORDINANCES OF THE TOWN OF EAGLE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THESE CODES ; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. Said Ordinance proposes to adopt by reference as primary codes, the following: 1. Pursuant to the power and authority conferred by the laws of the State of Colorado, there is hereby adopted by reference thereto, the National Electrical Code, 2014 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MS 02169. The purpose of this Code is the practical safeguarding of persons and property from hazards arising from the use of electricity. The subject matter of this Code includes regulations relating to the installation of electrical conductors and equipment within or on public and private buildings or other structures, including mobile homes, recreational vehicles, floating dwelling units; and other premises such as yards, carnivals, parking and other lots, and industrial substations, installations of conductors that connect to the supply of electricity and installations of other outside conductors on the premises. PLEASE TAKE NOTICE that the Ordinance to be considered at said public hearing also contains proposed amendments to the primary codes to be adopted by reference, provides for penalties for violations of the provisions of the primary codes in said Ordinance, provides for maintenance of official copies of such codes, provides for the sale of copies of such codes, provides for repeal of certain existing Town ordinances, and provides for the effective date of the Ordinance to be considered at said public hearing. PLEASE TAKE FURTHER NOTICE that copies of the primary codes being considered for adoption, and copies of the proposed ordinance adopting said codes, are on file with the Eagle Town Clerk and are available for public inspection during regular business hours at the Eagle Town Hall, 200 Broadway, Eagle, Colorado 81631. Any questions concerning the proposed Ordinance before the Board of Trustees of the Town of Eagle, Colorado, or questions concerning the primary codes being considered for adoption may be directed to the Eagle Town Manager in person or by telephone at (970) 328-6354. 8 2015 Adopting National Electrical Code 2014 Jun e 23 , 2015 TBOT July 14, 2015 101 TOWN OF EAGLE, COLORADO By: Yuri Kostick, Mayor ATTEST: Jenny Ellringer, Town Clerk Published June 25, 2015 and July 2, 2015 , in the Eagle Valley Enterprise. 9 20 15 Adopting National Electrical Code 2014 Jun e 23 , 20 15 TBOT July 14, 2015 102 MEMORANDUM TO: Town Board of Trustees FROM: Jon Stavney, Town Manager SUBJECT: Possible Ballot Questions DATE: 14 July 2015 Board, If the Town intends to put items on the November 2015 ballot, we need to notify the County Clerk of that intent prior to the next town board meeting. I am requesting that we notify of that intent this week. In August, town would then need to propose ballot language. My recommendation is that the board entertain three possible ballot measures: 1. A “SB 152” election (see CML memo attached) which would allow town more flexibility in improving local broadband services 2. A property tax question for funding a “fitness facility” expansion to the Pool and Ice Property (pending work session discussion, materials attached to work session) 3. A property tax question for funding Eagle River Park improvements (see below) Attached is a Proposed Funding and Construction Priority list for Eagle River Park. All costs estimates are extremely preliminary, and intended as illustrative place markers. The point of the attachment is that the development of the recreation core which was identified through Board strategic planning last year and confirmed through the Eagle River Corridor Sub-Area plan will require significant public investment over time. Many of these numbers will not be knowable until we enter into another level of engineering and design which we intend to embark upon currently. Staff is working to issue and RFP for the in-stream portions this summer, and for the Landscape Architecture in early 2016. This pricing will be necessary for budgeting, and for seeking funding partners in the future. TBOT July 14, 2015 103 Also required will be an identified source of funds from the Town to fund more than half of the eventual improvements. To that end, staff is recommending that the board take steps to put a 10 year property tax question on the November ballot that would bring in more than $4,000,000 for river corridor improvements. For instance, a 4.24 mil over 10 years would bring in approximately $400,000 per year. It would cost a $500,000 residential property $169 per year or a $1,000,000 residential property $338 per year. A million dollar commercial property would pay $1,230 per year. Without this dedicated source of funding it is difficult to imagine the town’s ability to set aside enough excess funds to anchor funding for such improvements, or be able to leverage funding from other partners such as Eagle County or others. This funding would allow town to strategize how to achieve construction of the recreation core over a 5 year window. TBOT July 14, 2015 104 To: County Commissioners, Municipal Elected Officials, and Staff From: Geoff Wilson, General Counsel, CML Eric Bergman, Policy Director, CCI Date: July 2, 2015 Re: Materials on SB 152 elections _________________________________________________________________________ Introduction In order to compete in today’s economy, communities across the state have become increasingly dependent on broad bandwidth Internet access (“broadband”) for business development and operations. The availability of broadband also enhances the quality of life and desirability of a community by providing residents access to things like online education and distance learning opportunities, telemedicine and entertainment content (movies, music, etc.). Broadband has become so critical, in fact, that many now regard it as a basic infrastructure need - on par with roads, water systems and energy grids. Unfortunately, numerous communities across Colorado still lack adequate broadband service. The reasons vary, but more often than not these areas are too sparsely populated, too remote or in regions where the topography (mountainous terrain, etc.) makes expanding service difficult and expensive for telecommunication providers. These communities are “upside down” from a business model standpoint, and providers are unable or unwilling to connect these areas, leaving them at an economic disadvantage from their more urbanized neighbors. While local governments often play a direct role in economic development efforts, cities and counties historically have not been directly involved in the delivery of retail telecommunication services. However, the increasing demand for broadband service – often driven by economic development concerns - has forced many local government officials to reexamine their role in the provision of broadband services. In the last few years, a growing number of local governments have started looking at investing public dollars in broadband infrastructure improvements (usually fiber optic cable lines or cell towers) in order to attract Internet providers and enhance economic development efforts in their region. The Department of Local Affairs has also heard these community concerns, and this year expanded its existing broadband planning grant program to include funds for local government investments in “middle mile” broadband infrastructure. TBOT July 14, 2015 105 SB 152 and Statutory Prohibitions on Local Government Broadband Infrastructure One of the biggest impediments to local governments enhancing broadband infrastructure is a law passed in 2005, which has since been commonly referred to as “Senate Bill (SB) 152” (SB05-152, attached to this memorandum and codified at sections 29-27-101-304, C.R.S.). SB 152 prohibits most uses of municipal or county money for infrastructure to improve local broadband service, without first going to a vote of the people. The hurdles put in place by this statute are not insurmountable; indeed, in the past few years ten municipalities and three counties have placed measures on the ballot to override the prohibitions in SB 152. These measures have passed handily in virtually every jurisdiction - with the support of citizens who are frustrated and want timely action on broadband service in their communities. Continued dissatisfaction over a lack of adequate broadband is resulting in more and more jurisdictions considering going to the ballot with SB 152 questions. Late in 2014, CML and CCI began meeting with local government officials, economic development professionals and telecommunication experts from jurisdictions whose voters had approved SB 152 questions at the ballot. One outcome of these conversations is the development of this memorandum and materials designed to help interested local government officials and staff to frame the issue and consider the impacts of preparing their own ballot questions. SB 152 Frequently Asked Questions (FAQ’s) What does a SB 152 election accomplish? SB 152 requires that an election be held before a local government may “engage or offer to engage in providing” various telecommunication services. The term “providing” is given an expansive definition in the statute, which restricts both the direct and “indirect” provision of service (“indirect”, in turn, is given its own, broadly restrictive definition). Fortunately, through a successful SB 152 election, a local community can clear away this legal impediment to a wide variety of local broadband initiatives. It is important to point out that the vast majority of local governments who have passed SB 152 questions (or are considering going to the ballot in the near future) are not interested in hooking up homes and businesses and providing actual broadband services themselves. By and large, these jurisdictions are working to enhance local broadband infrastructure in order to attract service providers who would otherwise be unwilling or unable to serve their communities. The local broadband initiatives in the jurisdictions passing SB 152 questions to date usually involve some form of public-private partnerships between local governments, economic development agencies and the industry. Is referring a SB 152 question to the ballot expensive? No more so than any other referred measure. Most jurisdictions have referred their questions when the municipality or county was already having an election. Accordingly, the addition of the SB 152 issue did not significantly increase costs. In a coordinated election, a particular jurisdiction’s costs would be affected by the terms of the IGA regarding election cost allocation between the county and participating local governments. TBOT July 14, 2015 106 What sort of election specifics does SB 152 require? Not many. SB 152 specifies four requirements for ballot questions in a SB 152 election. (See: C.R.S. § 29-27-201(2)) The ballot: (1) Shall pose the question as a “single subject”, (2) Shall include a description of the “nature of the proposed service,” (3) Shall include a description of “the role that the local government will have in the provision of the service,” and (4) Shall include a description of the “intended subscribers of such service.” How have other jurisdictions addressed these requirements? A review of the ballot questions put forth by local governments so far (included below) shows a clear preference for broad “anything and everything” type authority. Industry representatives have complained from time to time that such local ballot language has lacked the specificity required by the statute. This notion has never been tested in court. One might also argue that a “broad authority” question that describes the nature of the service proposed, along with potential future build-outs or applications, is not fatally flawed by its inclusion of the latter. Furthermore, courts have been traditionally hesitant to reverse the will of the voters, if evident. Obviously, the development of local SB 152 ballot language should be done in close consultation with legal counsel. What about the “single subject” requirement? The term “single subject” is not defined in SB 152. Nonetheless, the ballot questions submitted by local governments thus far seem comfortably within the single subject standard applied to statewide ballot initiatives, in cases such as In the Matter Of The Ballot Title and Submission Clause for 2013-2014 #129, 333 P.3d 101 (Colo. 2014). Local government officials are urged to consult with legal counsel. Are there any additional election requirements that distinguish a SB 152 question from other matters routinely referred to the ballot by a county or municipality? No (but again, please confer with your legal counsel). As always, attention should be paid to the requirements of the Fair Campaign Practices Act (Section 1-45-117, C.R.S.), which forbids use of public funds for advocacy in elections. This restriction is a prudent consideration in planning any campaign for a successful SB 152 election. Does voter approval of a county SB 152 ballot question have the effect of authorizing the provision of such services by municipalities within that county? No. SB 152 requires voter approval by each jurisdiction participating in the provision of covered services. TBOT July 14, 2015 107 Does a jurisdiction need to approve a SB 152 ballot question in order to qualify for broadband infrastructure grant funds from the Department of Local Affairs (DOLA)? It depends. DOLA’s broadband grant program provides funding for regional planning and “middle mile” infrastructure projects (i.e., projects that do not provide “last mile” connections to customers). The guidance in DOLA’s broadband grant policies suggests that each jurisdiction must determine whether it is in compliance with the statutory restrictions set forth in SB 152. DOLA requires any grantee to be in compliance with any applicable laws and regulations. DOLA itself will not make that determination, nor does the awarding of a grant confer any certainty or acknowledgment of compliance on DOLA’s part to the grantee. DOLA’s broadband grant policy guidelines can be found at: http://dola.colorado.gov/demog-cms/content/dola-broadband-program. The broadband landscape in Colorado is changing rapidly, and local government policies regarding broadband and economic development will need to evolve to keep pace with this change. CCI and CML will be providing additional research and guidance over the course of the year on this important policy issue. If your jurisdiction is moving forward on a SB 152 ballot question, please notify either CCI or CML. If you have additional questions or comments, please contact Geoff Wilson at CML at 303.831.6411 (e-mail: gwilson@cml.org) or Eric Bergman at CCI at 303.861.4076 (email:ebergman@ccionline.org). TBOT July 14, 2015 108 Sample Local Government Ballot Language for SB 152 Elections County Questions Rio Blanco County (Passed Fall 2014) “Without increasing taxes, shall the citizens of Rio Blanco County, Colorado, authorize the Board of County Commissioners of Rio Blanco County, Colorado, to provide to potential subscribers including telecommunications service providers, residential and commercial users within Rio Blanco County, all services restricted since 2005 by Title 29, article 27 of the Colorado Revised Statutes, including “telecommunication services,” “cable television services,” and “advanced services” which is defined as high speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream (known as “broadband”) including any new and improved bandwidth services based on future technologies, utilizing the existing community owned fiber optic network and/or developing additional infrastructure, either directly or indirectly with public or private sector partners?” San Miguel County (Passed Fall 2014) “Without increasing taxes, shall San Miguel County, Colorado, have the legal ability to provide any or all services currently restricted by Title 29, article 27, Part 1, of the Colorado Revised Statutes, specifically described as “advanced services,” “telecommunication services,” and “cable television services,” as defined by the statute, including, but not limited to, any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including but not limited to any existing fiber optic network, either directly, or indirectly with public or private sector service providers, to potential subscribers that may include telecommunications service providers, and residential or commercial users within San Miguel County?” Yuma County (Passed Fall 2014) “Without increasing taxes, shall the citizens of Yuma County Colorado re-establish their counties’ right to provide all services and facilities restricted since 2005 by Title 29, Article 27 of the Colorado Revised Statutes, described as “Advanced Services,” “Telecommunication Services,” and “Cable Television Services,” including providing any new and improved broadband services and facilities based on future technologies, utilizing existing or new community owned infrastructure including but not limited to the existing fiber optic network, either directly or indirectly with public or private sector partners, to potential subscribers that may include telecommunications service providers, residential or commercial users within the boundaries of Yuma County?” Municipal Questions SPRING 2015 GRAND JUNCTION CITY OF GRAND JUNCTION REFERRED MEASURE 2A SHALL THE CITY OF GRAND JUNCTION, WITHOUT INCREASING TAXES BY THIS MEASURE, BE AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNER(S), HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICE), TELECOMMUNICATIONS SERVICES ANDIOR CABLE TELEVISION SERVICES AS DEFINED BY § 29-27-101 TO 304 OF THE COLORADO REVISED STATUTES, INCLUDING BUT NOT LIMITED TO ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? TBOT July 14, 2015 109 PASS, 75%22% ESTES PARK WITHOUT INCREASING TAXES, SHALL THE TOWN OF ESTES PARK REESTABLISH THE TOWN'S RIGHT TO PROVIDE ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE TOWN AND THE SERVICE AREA OF THE TOWN'S LIGHT AND POWER ENTERPRISE? PASS, YES: 1652 NO: 136 FALL 2014 BOULDER SHALL THE CITY OF BOULDER BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY §§ 29-27-101 TO 304, “COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES,” OF THE COLORADO REVISED STATUTES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? PASS, 175123551 CHERRY HILLS VILLAGE SHALL THE CITY OF CHERRY HILLS VILLAGE, WITHOUT INCREASING TAXES BY THIS MEASURE, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO LOCAL GOVERNMENTS BY THE COLORADO GENERAL ASSEMBLY AND FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET, INCLUDING IMPROVED HIGH BANDWIDTH SERVICES BASED ON NEW TECHNOLOGIES, TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY ARTICLE 27, TITLE 29 OF THE COLORADO REVISED STATUTES? PASS, 2362613 RED CLIFF SHALL THE TOWN OF RED CLIFF BE AUTHORIZED TO PROVIDE CABLE TELEVISION, TELECOMMUNICATIONS AND/OR HI-SPEED INTERNET SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY THROUGH PUBLIC OR PRIVATE SECTOR PARTNERS? PASS, 56-24 WRAY WITHOUT INCREASING TAXES, SHALL TH CITIZENS OF WRAY, COLORADO REESTABLISH THEIR CITY'S RIGHTS TO PROVIDE ALL SERVICES AND FACILITIES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES,' TELECOMMUNICATIONS SERVICES' AND 'CABLE TELEVISION SERVICES,' INCLUIDNG PROVIDING ANY NEW AND IMPROVED BROADBAND SERVICES AND FACILITIES BASED ON FUTURE TECHONOLOGIES, UTILIZING EXISTING OR NEW COMMUNITIY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERICAL USERS WITHIN THE CITY? PASS 31672461 TBOT July 14, 2015 110 YUMA WITHOUT INCREASING TAXES, SHALL TH CITIZENS OF YUMA, COLORADO REESTABLISH THEIR CITY'S RIGHTS TO PROVIDE ALL SERVICES AND FACILITIES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES,' TELECOMMUNICATIONS SERVICES' AND 'CABLE TELEVISION SERVICES,' INCLUIDNG PROVIDING ANY NEW AND IMPROVED BROADBAND SERVICES AND FACILITIES BASED ON FUTURE TECHONOLOGIES, UTILIZING EXISTING OR NEW COMMUNITIY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERICAL USERS WITHIN THE CITY'S UTILITY SERVICE AREA? PASS, 71%29% REFERRED MEASURE "A" WITHOUT INCREASING TAXES, SHALL THE CITIZENS OFTHE CITY OF MONTROSE, COLORADO, RE-ESTABLISH THEIR CITY'S RIGHT TO PROVIDE ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OFTHE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE CITY? PASS 39691396 SPRING 2014 MONTROSE FALL 2013 BALLOT QUESTION 2G CENTENNIAL SHALL THE CITY OF CENTENNIAL, WITHOUT INCREASING TAXES, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO ALL LOCAL GOVERNMENTS BY THE STATE LEGISLATURE, AND TO FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO INDIRECTLY PROVIDE HIGHSPEED INTERNET (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, THROUGH COMPETITIVE AND NON-EXCLUSIVE PARTNERSHIPS WITH PRIVATE BUSINESSES, AS EXPRESSLY PERMITTED BY ARTICLE 29, TITLE 27 OF THE COLORADO REVISED STATUTES? PASS 76%24% FALL 2011 LONGMONT BALLOT QUESTION 2A: WITHOUT INCREASING TAXES, SHALL THE CITIZENS OF THE CITY OF LONGMONT, COLORADO, RE-ESTABLISH THEIR CITY'S RIGHT TO PROVIDE ALLSERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCES SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO PROTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE CITY AND THE SERVICE AREA OF THE CITY'S ELECTIC UTILITY ENTERPRISE? Y/N TBOT July 14, 2015 111 PASS: YES 60.82% (13238), NO 39.18% (8529) FALL 2009 LONGMONT BALLOT ISSUE 2C-- AUTHORIZATION TO ALLOW THE CITY TO PROVIDE TELECOMMUNICATIONS SERVICES, ADVANCED SERVICES AND CABLE TELEVISION SERVICES TO RESIDENTIAL AND COMMERCIAL USERS WITHIN THE SERVICE AREA OF THE CITY'S ELECTRIC UTILITY ENTERPRISE TBOT July 14, 2015 112 FAIL, YES 44%, NO 56% Proposed Funding and Construction Priority List for Eagle River Park 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Fund In-Stream engineering CD from RFP (w EC) 2015 $150,000 Fund permitting for above 2016 $25,000 Fund Landscape Architecture CD from RFP 2016 $150,000 Fund and Construct In-Stream Features (w GOCO) 2016 partial-2017 $1,500,000 **Above Items will be in revised 2015 budget and proposed 2016 budget** Fund and Construct First step “truck park” (w EC) 2017 $3,000,000??? a. Leave gravel, rough park grading b. Install Transition area, bathroom, utilities, landscaping Construct remainder of park features not funded in 5 2018 ? Fund RFP for new Building at Chambers 2017 $10,000 “Chambers Park” area Improvements 2018 $2,500,000 a. Fund and Construct new building i. Restaurant/ cost share with PP ii. New bathrooms, River Activity Center b. Reconfigure Parking area, and drainage c. Relocation of Historical outbuildings d. Construct Additional Parking / cost share w PP Fund acquisition of Johnson Parcel edges for 2018 Negotiate a. Additional water park features b. Pedestrian Connectivity from Broadway Fund design & construct Pedestrian connection 2018 Negotiate a. From Broadway/ fund with ECO b. Between Truck parking and Chambers Confluence bridge & paths to park across fairgrounds 2019 Negotiate Pave Truck Parking 2020 ? Remainder of Chambers Park to TP in-stream impvmts ? --------------------------Total Less Eagle County GF Less Eagle County ECO Trails Less other Public funding on Water Park Less Bowling/Parking share Less Private Restaurant partner Less Negotiated PUD River parcel Town of Eagle $7,300,000?? ($ ) ($ ) ($ ) ($ ) ($ ) ($ ) $?,???,??? Possible Funding Partners – Eagle River Park (GOCO, Eagle County), Restaurant (private partner), Pedestrian connections (EC ECO Trails, GOCO), Property acquisition and Park improvements (private developer of South Bank parcels). TBOT July 14, 2015 113 , I TEAK P.O. Box 537 500 Broadway Eagle, Colorado 81 63 1-0537 (970) 328-871 0 www.eaglecounty.us/clerk Recording: (970) 328-8723 Fax: (970) 328-87 16 J. SIMONTON Eagle County Clerk & Recorder May 31, 2015 Sarah Braucht Town of Eagle Town of Eagle P.O. Box 609 Eagle, CO 81631-0609 EAG LE COUNTY Dear District Administrator, This year's November Coordinated Mail Ballot Election date is November 3rd. If your district will be coo rdinating questions or candi date ra ces w ith us, we nee d t o make yo u aware of some important date s and deadlines. It is helpful for our planning to know how many entities will be coordinating with us. As soon as possible, and no later than July 24th, please complete the attached form completely and return it to us via email scan, fax or mail. • July 24, 2015 100 days prior - The date by which a political subdivision must notify the clerk' s office of intent to participate in the November 3, 2015 Coordinated Mail Ballot Election . C.R.S . 1-7-116(5) . • August 5, 2015 IGA's will be mailed to participating entities • August 25, 2015 70 Days prior - Political subdivisions participating in the election must return signed Intergovernmental Agreements to the county clerk and recorder. C.R.S. 1-7-116(2) Failure to do so by the deadline will prohibit district from coordinating with Clerk's office . • September 4, 2015 60 Days prior - Last day for the designated election official from each political subdivision to certify the ballot text to the county clerk and recorder . C.R .S. 1-5-203(3)(a) • September 22, 2015 42 Days prior - Political subdivisions shall deliver the full text of any required ballot issue notices (pro/con statements) to the county clerk and recorder in order to be includ ed in the issue mailing. C.R.S . 1-7-904 • October 12 - October 16 First mailing of ballots; continued mailing of ballots through Octob er 26 • November 3, 2015 Election Day- First Tuesday of November in odd-numbered years • February 2, 2016 Last day for Eagle County Clerk and Recorder to mail invoices to districts for their share of election costs . • February 28, 2016 Last day for districts to submit payment for election costs to Clerk's office. Sincerely, Teak J. Simonton Teak J. Simonton Encl. TBOT July 14, 2015 114 The Eagle Valley Land Trust Legacy Festival 2015 Together, we all are making a difference. You are invited to attend the Eagle Valley Land Trust Legacy Festival free of charge! The Eagle Valley Land Trust Legacy Festival brings together our community’s conservation-minded members, local agencies, non-profits, and businesses to celebrate our collective conservation successes in a festival setting featuring the return of the wildly successful cow patty bingo game. By participating in the expo at the Eagle Valley Land Trust Legacy Festival, you can leverage your reputation and showcase your environmental conservation efforts to make a truly memorable impact on our community’s conservation-minded opinion leaders who will be attending the festival. These attendees are people who will reach out to friends and neighbors to spread the news about your work and services. They are more likely to increase your impact and shape people’s attitudes toward you because of your conservation contributions which leave legacy for future generations to enjoy. Unlike running a spot on the radio or placing newspaper ads, this targeted event will reach the people that care about your message the most. Your attendance at this event will leave a lasting impression on the way these people see the role of your organization in our community. When? Saturday, August 8, 2015 Where? Eagle Town Park, 4:00-7:00 pm Cost? Free to non-profits and local agencies that have conservation as part of their mission. For more information, please contact Eagle Valley Land Trust at 970-748-7654 or legacyfestival@evlt.org. TBOT July 14, 2015 115 Yes, we wish to participate in the Eagle Valley Land Trust Legacy Festival 2015! Participate in the Expo: If your organization incorporates conservation into your mission or business plan, please participate. Legacy Festival expo space is limited, so please contact us to reserve your place. Again, this is free of charge to non-profits and public agencies. EVLT will provide a free table for you if you wish. We recommend you bring a pop-up tent for your space. Notice to Expo Participants: The EVLT Legacy Festival is EVLT’s primary fundraiser for 2015, including a silent auction. EVLT respectfully requests that exhibitors limit their activities to providing giveaways and promotional information about their services and programs, but refraining from soliciting donations or purchases or commitments for donations or purchases at the event. All funds raised by the Legacy Festival will benefit the mission of the Eagle Valley Land Trust and will help support the preservation of local scenic vistas, open spaces, historic lands, waterways and wildlife habitats in Eagle County. We thank you in advance for your cooperation. YES! We will participate in the Expo. Do you want a table to be provided by EVLT?: _________________ Tell us a bit about what you’ll showcase (we’ll announce it during the festival): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Signature: ___________________________________________ Date: ___________ Name: _______________________________________ Contact: _______________________________________ Address: _______________________________________ City: __________________ State: _____ Zip: _________ Phone: _____________________________ Email: ________________________________________ Please Return To: Eagle Valley Land Trust Post Office Box 3016 Edwards, CO 81632 Email: legacyfestival@evlt.org Phone: 970-748-7654 Tax ID: 74-2205958 TBOT July 14, 2015 116 OLD TOWN HALL REUSE WORKSHOP W e d n e sd ay, Ju ly 22nd 5:30pm to 7:30pm at O l d T own Hall 1 1 2 W . 2 n d Street Images: Old Town Hall in Eagle, CO. E ag l e, CO GATHERING IDEAS FOR TURNING THE OLD INTO THE NEW You are invited to join the Town of Eagle, in collaboration with the Colorado Brownfields Partnership and the Sonoran Institute, for a Wo rKS ho P to brainstorm ideas for the re-use of the Old Town Hall in Eagle. The W or K S h o P will be held in the Old Town Hall (112 W. 2nd Street) at 5 :3 0 pm on W e d n e s d ay, J u ly 22n d . The W o r K Sh o P will address the following items: •Gathering ideas for the re-use of the building. •Discuss ideas for how the redevelopment of Old Town Hall could serve as a catalyst for other downtown development. •Discuss how hurdles to redevelopment of Old Town Hall, such as asbestos abatement, can be addressed. YOUR PARTICIPATION MATTERS! FOR MORE INFORMATION: Matt Farrar, Assistant Town Planner Town of Eagle 970.328.9651 matt.farrar@townofeagle.org TBOT July 14, 2015 117 Colorado Brownfields Partnership is an Initiative of the Sonoran Institute // Learn More: www.ColoradoBrownfields .org Town of Eagle – “Wooden Park” improvements 1. Replace Pirate Ship Ladder – This is a safety concern—rope covering is worn down exposing cable liner. Town has replacement part from the manufacturer. This is built in and will require some problem solving, deconstruction and reconstruction afterwards. 2. Replace wooden cross member holding short monkey swings: -- Safety concern. Metal parts can be re-used, wood is wearing out. TBOT July 14, 2015 118 3. Replace wooden cross member in high monkey swings: This is less urgent from a safety stand point as this has been reinforced and the chains are not worn in. It will need to be done in coming years. May be better to tackle while on site. 4. Replace Nails in railing above main tube slide with deck screws: Also safety concern anywhere nails were accidentally used by volunteers instead of screws and are now working their way out. 5. Fixes at Tot area Roof: Add 1x soffit where missing. Re-set loose soffit boards. TBOT July 14, 2015 119 6. Protective Fence: On South side, there are a few boards loose or missing. Entire perimeter fence should be walked, screws added or boards replaced as found. 7. Benches – Not yet safety issue, Aesthetic improvement. Bench inside center tower has become very unattractive from heavy use and no UV. This hanging bench at Tot-lot is slowly becoming unstable. Recommend removing bench hung from fence, possibly using decking to replace decking on center tower area, or sanding that area. 8. Various replacement wood parts: Soffit under soft walk should be covered, other locations are only aesthetic. Require finding random parts, oiling and replacing. TBOT July 14, 2015 120 9. Entry Sign and other signs on front façade: Re-painting the lettering on these signs would be a great extra credit item. Entire park is linseed oiled by staff every 3 years or so. Eagle Ranch Association usually buys two 55 gallon barrels. This takes our entire crew about a week. If these entry sign and facades are re-painted, may want to linseed oil this area as well for curb appeal. 10. Protective Bark Surface: Special bark which has been prepared for use in play areas is very expensive. Town occasionally rakes/tills and redistributes. Adding another 6 inches to entire park as recommended by our insurer will cost approximately $30,000 in coming years. Most important areas are exit areas below slides/swings. A small crew of laborers could redistribute where built up in low travel areas and extend life of current bark. TBOT July 14, 2015 121 11. Sand Play Area: Playground Sand is also a special item, non silica play sand is usually sold by the bag. Refilling this play area with sand has not been priced, but would also be a great value added. 12. Chain and Hose balance walk feature: This is also a significant reconstruction item which has been identified as a safety challenge that will emerge in coming years. Chains and protective hose has been ordered. Because of how this is built-in, this is a significant amount of deconstruction and reconstruction and is of lower priority. July 2015 TBOT July 14, 2015 122 SALES TAX REVENUE SUMMARY CATEGORY: RESTAURANT & BARS 2010 JANUARY 39,545.22 FEBRUARY 51,320.54 MARCH 39,527.73 APRIL 38,235.32 MAY 39,836.80 JUNE 47,867.50 JULY 47,999.16 AUGUST 53,005.00 SEPTEMBER 41,373.09 OCTOBER 32,501.80 NOVEMBER 40,422.25 DECEMBER 43,665.51 TOTAL 515,299.92 2011 38,666.00 39,355.61 46,371.98 36,956.07 39,709.11 50,575.12 56,107.45 48,998.02 47,459.55 43,616.99 36,727.27 47,160.38 531,703.55 % 2012 -2.22% 40,261.26 -23.31% 40,245.38 17.32% 51,693.95 -3.35% 39,201.57 -0.32% 43,858.85 5.66% 52,868.74 16.89% 56,069.92 -7.56% 50,976.57 14.71% 46,548.33 34.20% 41,131.95 -9.14% 37,928.55 8.00% 45,539.90 3.18% 546,324.97 % 4.13% 2.26% 11.48% 6.08% 10.45% 4.54% -0.07% 4.04% -1.92% -5.70% 3.27% -3.44% 2.75% 2013 42,853.94 39,694.39 50,562.09 40,984.72 47,178.74 49,160.77 55,838.38 51,954.60 44,720.00 43,867.00 40,454.00 44,095.57 551,364.20 % 6.44% -1.37% -2.19% 4.55% 7.57% -7.01% -0.41% 1.92% -3.93% 6.65% 6.66% -3.17% 0.92% 2014 41,325.58 41,778.34 48,369.23 42,367.35 48,384.60 48,133.29 56,040.13 53,879.04 48,214.11 48,280.35 42,403.05 46,258.22 565,433.29 % -3.57% 5.25% -4.34% 3.37% 2.56% -2.09% 0.36% 3.70% 7.81% 10.06% 4.82% 4.90% 2.55% 2015 % 44,981.44 43,016.74 53,291.00 47,098.38 53,246.00 8.85% 2.96% 10.18% 11.17% 10.05% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 241,633.56 -57.27% TBOT July 14, 2015 123 SALES TAX REVENUE SUMMARY CATEGORY: LIQUOR STORES 2010 JANUARY 7,635.62 FEBRUARY 8,947.00 MARCH 8,614.00 APRIL 9,421.00 MAY 9,932.00 JUNE 10,597.70 JULY 11,582.00 AUGUST 10,481.00 SEPTEMBER 9,694.00 OCTOBER 9,865.83 NOVEMBER 9,038.00 DECEMBER 9,743.00 TOTAL 115,551.15 2011 7,000.00 8,090.52 9,493.00 8,147.00 7,733.00 8,599.52 11,298.52 12,928.00 9,969.67 9,840.19 9,086.66 10,765.50 112,951.58 % 2012 -8.32% 8,306.67 -9.57% 8,537.37 10.20% 9,767.07 -13.52% 8,829.79 -22.14% 9,727.37 -18.85% 10,390.00 -2.45% 11,478.92 23.35% 11,195.00 2.84% 11,426.00 -0.26% 10,730.00 0.54% 10,814.28 10.49% 12,365.00 -2.25% 123,567.47 % 18.67% 5.52% 2.89% 8.38% 25.79% 20.82% 1.60% -13.41% 14.61% 9.04% 19.01% 14.86% 9.40% 2013 9,423.00 9,477.29 10,339.00 8,909.00 10,415.92 11,817.00 13,140.47 12,366.52 11,341.52 14,061.28 10,608.00 12,595.00 134,494.00 % 13.44% 11.01% 5.86% 0.90% 7.08% 13.73% 14.47% 10.46% -0.74% 31.05% -1.91% 1.86% 8.84% 2014 10,585.00 9,652.00 10,441.33 9,268.00 11,026.79 11,987.25 13,095.52 13,025.00 11,931.00 9,751.74 8,975.77 14,276.00 134,015.40 % 12.33% 1.84% 0.99% 4.03% 5.86% 1.44% -0.34% 5.32% 5.20% -30.65% -15.39% 13.35% -0.36% 2015 % 11,275.00 8,806.00 9,656.00 11,022.00 12,272.00 6.52% -8.77% -7.52% 18.93% 11.29% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 53,031.00 -60.43% TBOT July 14, 2015 124 SALES TAX REVENUE SUMMARY CATEGORY: LUMBER/HARDWARE/CONSTRUCTION 2010 JANUARY 7,701.49 FEBRUARY 5,916.09 MARCH 6,106.00 APRIL 9,513.00 MAY 12,783.00 JUNE 15,852.14 JULY 13,935.00 AUGUST 13,391.00 SEPTEMBER 12,727.92 OCTOBER 14,286.36 NOVEMBER 10,468.00 DECEMBER 7,784.72 TOTAL 130,464.72 2011 8,667.23 6,160.23 6,802.91 8,857.11 11,289.81 13,266.30 10,548.15 11,937.08 12,618.66 13,361.32 9,168.91 8,197.45 120,875.16 % 2012 12.54% 7,496.21 4.13% 6,828.02 11.41% 10,145.65 -6.89% 11,420.70 -11.68% 13,078.62 -16.31% 13,212.51 -24.30% 12,886.29 -10.86% 15,793.95 -0.86% 14,086.38 -6.47% 16,572.90 -12.41% 12,918.12 5.30% 9,581.17 -7.35% 144,020.52 % -13.51% 10.84% 49.14% 28.94% 15.84% -0.41% 22.17% 32.31% 11.63% 24.04% 40.89% 16.88% 19.15% 2013 % 9,186.72 22.55% 8,445.05 23.68% 7,905.95 -22.08% 12,582.21 10.17% 18,022.12 37.80% 20,994.27 58.90% 24,794.24 92.41% 18,172.85 15.06% 42,148.28 199.21% 18,822.39 13.57% 17,937.29 38.85% 16,985.72 77.28% 215,997.09 49.98% 2014 10,820.96 8,292.40 13,178.04 17,232.95 17,824.65 21,201.97 20,002.91 19,504.70 24,098.32 19,646.94 16,418.01 14,808.51 203,030.36 % 17.79% -1.81% 66.69% 36.96% -1.10% 0.99% -19.32% 7.33% -42.82% 4.38% -8.47% -12.82% -6.00% 2015 % 14,803.48 12,591.76 11,351.77 21,290.87 14,354.74 36.80% 51.85% -13.86% 23.55% -19.47% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 74,392.62 -63.36% TBOT July 14, 2015 125 SALES TAX REVENUE SUMMARY CATEGORY: MOTELS/HOTELS 2010 JANUARY 16,734.70 FEBRUARY 28,941.00 MARCH 17,083.68 APRIL 11,220.00 MAY 9,424.00 JUNE 12,068.00 JULY 21,868.00 AUGUST 2,576.69 SEPTEMBER 20,425.06 OCTOBER 8,734.26 NOVEMBER 8,576.47 DECEMBER 18,658.30 TOTAL 176,310.16 2011 15,638.59 17,084.13 16,898.15 7,183.67 10,963.00 18,385.00 29,097.20 17,555.28 15,994.47 11,596.00 9,617.00 17,359.00 187,371.49 % 2012 -6.55% 16,409.00 -40.97% 18,454.00 -1.09% 24,722.41 -35.97% 9,461.27 16.33% 11,567.73 52.35% 17,859.75 33.06% 20,480.93 581.31% 21,025.00 -21.69% 17,664.00 32.76% 11,647.00 12.13% 9,554.00 -6.96% 17,923.00 6.27% 196,768.09 % 4.93% 8.02% 46.30% 31.71% 5.52% -2.86% -29.61% 19.76% 10.44% 0.44% -0.66% 3.25% 5.01% 2013 18,182.59 17,381.86 24,386.59 10,013.68 12,381.00 18,673.00 23,758.07 19,850.30 15,435.47 12,169.00 10,223.00 19,267.57 201,722.13 % 10.81% -5.81% -1.36% 5.84% 7.03% 4.55% 16.00% -5.59% -12.62% 4.48% 7.00% 7.50% 2.52% 2014 18,518.00 21,907.00 23,100.47 9,002.19 11,052.05 15,466.82 26,168.00 22,228.00 18,069.23 13,281.24 11,127.00 23,076.00 212,996.00 % 1.84% 26.03% -5.27% -10.10% -10.73% -17.17% 10.14% 11.98% 17.06% 9.14% 8.84% 19.77% 5.59% 2015 % 21,995.00 27,714.00 25,827.00 9,351.00 12,116.00 18.78% 26.51% 11.80% 3.87% 9.63% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 97,003.00 -54.46% TBOT July 14, 2015 126 SALES TAX REVENUE SUMMARY CATEGORY: UTILITIES 2010 JANUARY 60,063.00 FEBRUARY 47,876.00 MARCH 45,241.13 APRIL 39,090.00 MAY 35,622.00 JUNE 29,330.48 JULY 30,282.00 AUGUST 28,746.00 SEPTEMBER 22,996.93 OCTOBER 27,712.32 NOVEMBER 32,405.34 DECEMBER 37,873.71 TOTAL 437,238.91 2011 42,338.45 33,217.95 43,295.26 37,506.36 33,564.73 29,540.60 27,243.04 29,388.74 25,052.07 26,119.33 4,149.71 72,703.88 404,120.12 % 2012 -29.51% 46,572.97 -30.62% 44,489.79 -4.30% 37,467.29 -4.05% 30,402.95 -5.78% 29,757.93 0.72% 27,639.49 -10.04% 27,367.31 2.24% 26,361.87 8.94% 27,688.46 -5.75% 27,311.00 -87.19% 32,155.88 91.96% 36,522.47 -7.57% 393,737.41 % 10.00% 33.93% -13.46% -18.94% -11.34% -6.44% 0.46% -10.30% 10.52% 4.56% 674.89% -49.77% -2.57% 2013 49,162.78 53,514.87 44,654.64 37,527.96 31,920.63 27,078.34 25,957.19 27,692.61 27,424.57 27,527.89 44,130.41 44,085.57 440,677.46 % 5.56% 20.29% 19.18% 23.44% 7.27% -2.03% -5.15% 5.05% -0.95% 0.79% 37.24% 20.71% 11.92% 2014 53,397.73 46,429.49 40,195.79 37,077.21 36,687.13 28,826.22 24,991.54 27,719.96 28,281.47 29,105.81 31,749.14 45,588.74 430,050.23 % 8.61% -13.24% -9.99% -1.20% 14.93% 6.45% -3.72% 0.10% 3.12% 5.73% -28.06% 3.41% -2.41% 2015 % 52619.77 42046.43 41112.08 36734.46 32163.42 -1.46% -9.44% 2.28% -0.92% -12.33% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 204676.16 -52.41% TBOT July 14, 2015 127 SALES TAX REVENUE SUMMARY CATEGORY: AUTOMOTIVE REPAIR AND PARTS 2010 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL 4,676.00 4,398.00 4,139.00 4,866.00 4,651.00 4,562.00 5,018.00 5,222.00 4,880.92 5,785.94 5,053.38 5,406.95 58,659.19 2011 5,478.35 5,136.16 5,292.21 4,992.22 4,806.11 5,745.97 5,740.78 5,870.64 5,534.41 8,079.43 5,874.31 6,096.18 68,646.77 % 17.16% 16.78% 27.86% 2.59% 3.33% 25.95% 14.40% 12.42% 13.39% 39.64% 16.25% 12.75% 17.03% 2012 5,103.62 5,162.25 7,403.38 5,369.36 6,287.93 6,278.37 5,918.83 5,971.01 6,976.57 6,577.68 6,789.49 4,873.97 72,712.46 % -6.84% 0.51% 39.89% 7.55% 30.83% 9.27% 3.10% 1.71% 26.06% -18.59% 15.58% -20.05% 5.92% 2013 4,606.63 6,553.18 7,172.02 5,920.15 5,735.30 6,199.14 6,020.87 5,938.38 6,258.84 7,044.59 6,797.43 6,962.01 75,208.54 % -9.74% 26.94% -3.13% 10.26% -8.79% -1.26% 1.72% -0.55% -10.29% 7.10% 0.12% 42.84% 3.43% 2014 7,416.20 7,132.09 6,483.55 5,591.54 4,049.84 6,801.25 5,206.23 6,585.83 7,105.94 7,803.18 6,718.07 7,306.87 78,200.59 % 60.99% 8.83% -9.60% -5.55% -29.39% 9.71% -13.53% 10.90% 13.53% 10.77% -1.17% 4.95% 3.98% 2015 % 7462.69 6469.85 6651.03 6168.19 6842.16 0.63% -9.29% 2.58% 10.31% 68.95% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 33593.92 -57.04% TBOT July 14, 2015 128 SALES TAX REVENUE SUMMARY CATEGORY: MISCELLANEOUS 2010 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL 3,640.74 4,176.78 5,510.56 4,887.00 3,218.00 5,754.28 4,054.00 3,883.14 5,317.06 7,359.14 5,836.79 19,638.65 73,276.14 2011 8,131.20 6,266.14 5,958.04 4,880.10 3,022.38 9,836.42 5,692.81 4,491.57 9,242.50 2,504.09 4,523.03 5,426.64 69,974.92 % 123.34% 50.02% 8.12% -0.14% -6.08% 70.94% 40.42% 15.67% 73.83% -65.97% -22.51% -72.37% -4.51% 2012 2,298.15 2,268.18 4,021.97 2,642.20 3,716.89 4,445.67 2,058.26 2,436.77 10,643.85 5,832.28 3,576.13 4,797.08 48,737.43 % -71.74% -63.80% -32.50% -45.86% 22.98% -54.80% -63.84% -45.75% 15.16% 132.91% -20.94% -11.60% -30.35% 2013 % 2,039.88 -11.24% 5,640.07 148.66% 4,068.93 1.17% 2,478.23 -6.21% 5,752.80 54.77% 3,739.87 -15.88% 3,464.55 68.32% 3,006.59 23.38% 3,137.32 -70.52% 2,573.41 -55.88% 2,348.15 -34.34% 3,339.13 -30.39% 41,588.24 -14.67% 2014 % 2,334.97 14.47% 2,449.19 -56.58% 2,229.29 -45.21% 2,362.24 -4.68% 2,927.86 -49.11% 3,137.85 -16.10% 2,560.16 -26.10% 4,136.47 37.58% 3,056.85 -2.56% 2,734.33 6.25% 2,239.30 -4.64% 7,605.43 127.77% 37,773.94 -9.17% 2015 % 4,045.40 6,979.86 8,728.31 6,592.12 2,864.00 73.25% 184.99% 291.53% 179.06% -2.18% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 29,209.69 -22.67% TBOT July 14, 2015 129 SALES TAX REVENUE SUMMARY CATEGORY: TOTAL 2010 2011 % 2012 % 2013 % 2014 % 2015 % JANUARY 214,963.06 209,486.05 -2.55% 215,104.54 2.68% 246,792.18 14.73% 236,684.61 -4.10% 269,117.33 13.70% FEBRUARY 235,694.25 450,657.31 201,954.38 411,440.43 -14.32% -8.70% 213,947.18 429,051.72 5.94% 4.28% 232,871.23 479,663.41 8.85% 11.80% 228,733.73 465,418.34 -1.78% -2.97% 251,044.27 520,161.60 9.75% 11.76% MARCH 214,079.29 664,736.60 226,738.44 638,178.87 5.91% -4.00% 250,385.66 679,437.38 10.43% 6.47% 253,774.11 733,437.52 1.35% 7.95% 243,903.20 709,321.54 -3.89% -3.29% 271,915.16 792,076.76 11.48% 11.67% APRIL 202,540.29 867,276.89 192,557.38 830,736.25 -4.93% -4.21% 197,547.37 876,984.75 2.59% 5.57% 208,327.57 941,765.09 5.46% 7.39% 216,485.50 925,807.04 3.92% -1.69% 241,481.85 1,033,558.61 11.55% 11.64% MAY 206,346.81 1,073,623.70 203,014.57 1,033,750.82 -1.61% -3.71% 213,850.13 1,090,834.88 5.34% 5.52% 237,889.42 1,179,654.51 11.24% 8.14% 240,019.89 1,165,826.93 0.90% -1.17% 244,291.91 1,277,850.52 1.78% 9.61% JUNE 230,674.56 1,304,298.26 241,338.19 1,275,089.01 4.62% -2.24% 246,066.74 1,336,901.62 1.96% 4.85% 257,548.97 1,437,203.48 4.67% 7.50% 254,489.99 1,420,316.92 -1.19% -1.17% -100.00% -100.00% JULY 236,300.43 1,540,598.69 250,677.57 1,525,766.58 6.08% -0.96% 237,972.52 1,574,874.14 -5.07% 3.22% 265,497.37 1,702,700.85 11.57% 8.12% 270,077.47 1,690,394.39 1.73% -0.72% -100.00% -100.00% AUGUST 214,654.23 1,755,252.92 224,857.43 1,750,624.01 4.75% -0.26% 234,977.09 1,809,851.23 4.50% 3.38% 247,446.73 1,950,147.58 5.31% 7.75% 257,875.53 1,948,269.92 4.21% -0.10% -100.00% -100.00% SEPTEMBER 213,929.40 1,969,182.32 238,140.48 1,988,764.49 11.32% 0.99% 242,722.32 2,052,573.55 1.92% 3.21% 260,270.35 2,210,417.93 7.23% 7.69% 255,754.67 2,204,024.59 -1.73% -0.29% -100.00% -100.00% OCTOBER 195,480.05 2,164,662.37 214,950.69 2,203,715.18 9.96% 1.80% 214,456.06 2,267,029.61 -0.23% 2.87% 225,151.96 2,435,569.89 4.99% 7.43% 247,123.44 2,451,148.03 9.76% 0.64% -100.00% -100.00% NOVEMBER 198,393.49 2,363,055.86 166,431.44 2,370,146.62 -16.11% 0.30% 204,145.99 2,471,175.60 22.66% 4.26% 228,675.30 2,664,245.19 12.02% 7.81% 230,758.18 2,681,906.21 0.91% 0.66% -100.00% -100.00% DECEMBER 304,791.25 342,428.29 12.35% 311,229.85 -9.11% 327,652.93 5.28% 285,856.44 -12.76% -100.00% TOTAL 2,667,847.11 2,712,574.91 1.68% 2,782,405.45 2.57% 2,991,898.12 7.53% 2,967,762.65 -0.81% 1,277,850.52 -56.94% TBOT July 14, 2015 130 April Sales Tax Collections 2015‐2010 250000 200000 150000 100000 50000 0 2015 2014 2013 2012 2011 2010 April TBOT July 14, 2015 131 May Sales Tax Collections 2015‐2010 300000 250000 200000 150000 100000 50000 0 2015 2014 2013 2012 2011 2010 May TBOT July 14, 2015 132 MEMORANDUM TO: Town Board of Trustees FROM: Jon Stavney, Town Manager SUBJECT: Refuse Services Survey DATE: 14 July 2015 Board, At the March 24, 2015 meeting, the board entered into a one year contract with Vail Honeywagon with the intent to seek citizen input on current services and possible adjustments to services. The term will automatically renew unless town provides an Intent to Review 180 days prior to the end of the term. The Intent to Review date is Oct 3, 2015. Staff has prepared a Survey Monkey survey to get user feedback on quality and scope of services. These questions include possible changes to recycling and to management of the yard waste facility. Based on feedback, staff will decide whether to convene a work group, and then make a recommendation to the board on whether to propose an Intent to Review. Survey will be open for a month, results will be available in late August. Staff requests any input from the board tonight, prior to issuance of the survey, which is attached. Clerk is managing survey and will distribute prizes to random winners. TBOT July 14, 2015 133 2015 Town of Eagle Waste Services Survey Welcome to Our Waste Services Survey Your feedback is important. Please take a moment to complete our brief survey regarding your trash and recycling service for the Town of Eagle. Information submitted will be used in the decision making process regarding these services in the future. Once you have finished, be sure to submit your email address for a chance to win gift certificates from a Town of Eagle business. Addresses will be randomly selected and notified via email. Survey is open and intended for Town of Eagle residents only. Survey ends August 5, 2015. Please contact us if you have any questions 970-328-6354. www.townofeagle.org TBOT July 14, 2015 134 2015 Town of Eagle Waste Services Survey Customer 1. Do you currently pay the Town of Eagle for your Trash Services? Yes No TBOT July 14, 2015 135 2015 Town of Eagle Waste Services Survey Service and Rates 2. How satisfied are you with the following: Very satisfied Somewhat satisfied Neutral Somewhat unsatisfied Very unsatisfied Does not apply Weekly curbside garbage pickup Bi-Weekly curbside recycling pickup Garbage rates/value of service Customer service for trash/recycle services Chambers Avenue recycling drop off site Violet Lane yard waste site Recycling at Town events Spring Clean Up in Town, in Eagle Ranch and along I-70 Twelfth Night Christmas tree burn TBOT July 14, 2015 136 2015 Town of Eagle Waste Services Survey Service and Rates 3. The Town of Eagle bills $24.95/month for trash and recycling service, plus a $1.00/month administrative fee. Do you think this is a good value for these services? Yes No If no, please let us know why 4. Options for Reducing Rates Yes No Would you want trash service EVERY OTHER week for a small reduction in rates? Would elimination of curbside recycling be worth a small reduction in rates? Would elmination of community clean up days be worth a reduction in rates? Other (please specify) TBOT July 14, 2015 137 2015 Town of Eagle Waste Services Survey Service and Rates 5. Would you consider paying more for an increase in any of these services: Yes No Maybe More curbside recycling options Curbside yard waste Curbside compost pickup Yard Waste facility open more often Quarterly clean up days for large items Other (please specify) TBOT July 14, 2015 138 2015 Town of Eagle Waste Services Survey What's Important? 6. Do you support the following statements: Support Neutral Do Not Support The Town should set clear goals towards increasing the diversion rate from trash to recycling The Town should find ways to make it easier to recycle The voluntary recycling program should become mandatory All events in town should be required to have recycling/ zero waste receptacles Curbside recycling service is really important I would still recycle if the Town canceled curbside service and I had to use the drop site Curbside cardboard pickup is an important recycling service My entire neighborhood should be serviced on the same day with same color cans Other (please specify) TBOT July 14, 2015 139 2015 Town of Eagle Waste Services Survey Recycling 7. Do you currently participate in the Town's voluntary curbside recycling program? Yes No Other (please specify) 8. What do you recycle? Yes No Paper Glass Plastic Aluminum cans Electronics Other (please specify) TBOT July 14, 2015 140 2015 Town of Eagle Waste Services Survey Recycling Ideas/Changes 9. Would you like to see cardboard added to the curbside pickup? Yes No Maybe Other (please specify) 10. If adding cardboard meant that glass could not be recycled with everything else, would you still want to add cardboard? Yes No Maybe Other (please specify) TBOT July 14, 2015 141 11. If adding cardboard required another 96 gallon container would you still want cardboard added? Yes No Maybe Other (please specify) 12. Would you have room indoors for a 96 gallon recycling container as well as your 96 gallon trash container? Yes No Maybe 13. Would you prefer to have weekly recycling instead of bi-weekly recycling? Yes No Maybe Other (please specify) TBOT July 14, 2015 142 2015 Town of Eagle Waste Services Survey Recycling Drop Site on Chambers Avenue 14. Do you use the recycling drop site at the Town Shop on Chambers Avenue? Yes No 15. If you use the Chambers Avenue recycling, please answer the following about your use of the site: Yes No Use it for cardboard only For all my recycling For overflow-I have more volume than curb bins Because I do not have curbside bins For my business Not at all Other (please specify) TBOT July 14, 2015 143 2015 Town of Eagle Waste Services Survey Yard Waste Facility 16. Did you know the Town of Eagle provides a yard waste drop off facility for $2 per month to in-town water customers? Yes No 17. Please answer the following questions about the Yard Waste Facility: Yes No I was aware of the $2 charge I was aware of this service and its location on Violet Lane I use this service occasionally I use this service regularly I value having a place for this so people do not dump yard waste around town I would drive and gladly pay at the landfill if the facility in Eagle closed Other (please specify) TBOT July 14, 2015 144 2015 Town of Eagle Waste Services Survey Contact Information Shop Local 18. Please enter your email address if you want to be entered to win a Gift Certificate to a Town of Eagle business! 19. Please complete the following if you want to be contacted further about this survey. Name Address Email Address Phone Number TBOT July 14, 2015 145