HomeMy WebLinkAbout2024-05-21 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Recognitions (10 min.)
2.1 Colorado Grand Scholarship Award Winners
Recognize Perla Chaves from Battle Mountain High School
and Micah Robinson from Eagle Valley High as the Colorado
Grand Scholarship recipients for 2024.
Presenter(s): Mayor Travis Coggin
Background: The Colorado Grand offers an annual scholarship
program to students attending local schools in Eagle County.
Edward O'Brien, representing Colorado Grand, will recognize
the recipients and highlight the upcoming summer Colorado
Grand Program, an event that has been in Vail for over 30
years.
2.2 Town of Vail Scholarship Award
Award Magdalina Goranova and Victoria Carty, both from
Battle Mountain High School as as the recipients for the Town
of Vail Scholarship for 2024.
Presenter(s): Mayor Travis Coggin
Background: The Town of Vail has offered a financial
scholarship program for Vail Seniors who have achieved
academic excellence and leadership success and commitment
to the Vail community. The scholarship is to help fund students
who are pursuing their next chapter in live at either a college,
university, or trade school.
3.Citizen Participation (10 min.)
3.1 Citizen Participation
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
The Grandview, 395 S. Frontage Road W. Vail, CO 81657
and virtually by Zoom: https://vail.zoom.us/webinar/register/WN_cJ1VceKaTryWCk6cUI4dIA
6:00 PM, May 21, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
1
4.Any action as a result of Executive Session
5.Appointments of Boards, Commissions and Authorities (5 min.)
5.1 Vail Local Housing District (VLHA) Appointment
Motion to appoint one member to service on the VLHA for a
five-year term ending on May 31, 2029.
Presenter(s): Travis Coggin, Mayor
6.Consent Agenda
6.1 Resolution No. 23, Series of 2024, A Resolution Approving
a Lease Agreement between the Town of Vail, and the
Colorado Department of Transportation ("CDOT")
Regarding Parking Along the Non-Travel Lanes of the
Interstate 70 Frontage Roads Located within the Limits of
the Town
Approve, approve with amendments or deny Resolution No.
23, Series of 2024.
Background: The Town currently allows oversize vehicle
parking, with permit fee, along a section of the North Frontage
Road west of the West Vail Roundabout. Per Federal
regulations, the Town is not allowed to generate income, after
expenses, from the use interstate Right-of-Way. The Town and
CDOT wish to enter into a lease agreement through April 30,
2029 to continue permitted parking.
6.2 Resolution No.24, Series of 2024, A Resolution Agreement
between the Town of Vail, and the Colorado Department of
Transportation ("CDOT") Regarding Parking Along the
Non-Travel Lanes of the Interstate 70 Frontage Roads
Located within the Limits of the Town
Approve, approve with amendments or deny Resolution No.
24, Series of 2024.
Background: CDOT currently leases to the Town certain
sections of the I-70 Frontage Road within the Town of Vail for
use as public parking and for general peak period public
overflow parking at times the Town's off-street parking facilities
are anticipated to or have reached full capacity. The Town and
CDOT wish to renew said lease through April 30, 2029.
6.3 Resolution No. 25, Series of 2024, A Resolution of the Vail
Town Council Approving the First Amendment to
Construction Contract with ViaOne Services, and Waiving
the 80% Colorado Labor Requirement
Approve, approve with amendments, or deny Resolution No.
25, Series of 2024.
Citizen Participation
Resolution No. 23 Series 2024 CDOT FRONTAGE RD Permit Parking Lease
Vail Overnight and Oversized Parking
Resolution No. 24 Series 2024 CDOT FRONTAGE RD Parking 5 Year Lease
Vail NW Frontage Road Lease
2
Background: Staff is requesting to waive the Keep Jobs in
Colorado Act for the Fiber Construction Project.
6.4 Contract Award to Wall Coating Systems Inc. for I-70
Pedestrian Bridge Rehabilitation Project
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Wall Coating Systems
Inc. to complete the I-70 Pedestrian Bridge Rehabilitation
project, in the amount not to exceed $87,500.00.
Background: Work includes concrete spall repair, bridge
handrail repair, bridge joint and concrete sidewalk repair and
the project is scheduled to be completed by August 30, 2024.
7.Adjournment 6:25pm (estimate)
Fiber Construction Resolution Memo
Resolution No. 25 for ViaOne Fiber Construction
ViaOne Agreement 1st Amendment
I-70 Pedestrian Bridge Council Memo
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
3
AGENDA ITEM NO. 2.1
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Worksession
AGENDA SECTION:Recognitions (10 min.)
SUBJECT:Colorado Grand Scholarship Award Winners
SUGGESTED ACTION:Recognize Perla Chaves from Battle Mountain High School and Micah
Robinson from Eagle Valley High as the Colorado Grand Scholarship
recipients for 2024.
PRESENTER(S):Mayor Travis Coggin
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
4
AGENDA ITEM NO. 2.2
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Worksession
AGENDA SECTION:Recognitions (10 min.)
SUBJECT:Town of Vail Scholarship Award
SUGGESTED ACTION:Award Magdalina Goranova and Victoria Carty, both from Battle
Mountain High School as as the recipients for the Town of Vail
Scholarship for 2024.
PRESENTER(S):Mayor Travis Coggin
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
5
AGENDA ITEM NO. 3.1
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation
6
From:Michael Boland
To:PublicInputTownCouncil
Subject:Public input 5/20/2024
Date:Monday, May 20, 2024 11:05:41 AM
Good Morning dream team,
My top thoughts and curiosities are:
1. Compost at Residences @ Main Vail.
2. Recreation center in old cascade hotel gym and spa area. If we can condemn a property for the sake of
unpredictable wildlife habitat can we condemn one for the sake of community prosperity, physical health and mental
health?
3. The tennis courts that are deteriorating and basically abandoned bike path, by cascade/Grand hyatt. What are our
options with these? They are an eye sore and the community deserves more.
Sent from my iPhone
7
From:Kari Mohr
To:Stephanie Kauffman
Subject:Public input for tomorrow
Date:Monday, May 20, 2024 1:51:42 PM
I received a phone call from a community member:
Ryan – chose not to provide last name
Lives in Vail, CO
I think it’s very alarming that we live in a city that was stolen from the Ute population and
now we are silencing Native American artists that make a living through art. Not
appropriate that rich people in the community can silence artists especially in the midst
of a genocide. I think it’s really inappropriate to silence a Native American artists about
genocide especially when Americans committed genocide against Native Americans.
8
From:Bobby L"Heureux
To:PublicInputTownCouncil
Cc:Kim Fuller
Subject:Re: Concern with current TOV Housing Lottery application process
Date:Tuesday, May 21, 2024 5:27:14 PM
Hello All,
Thank you for bringing this up today. George is missing the point of probability. Every one
person who enters into the lottery who are not qualified dramatically changes the probability
of those who can actual get the house. For the housing authority to say that these are all
qualified candidates is totally false. This new process is not a fair process at all for those who
are able to actually purchase the home.
To think that people will not enter the lottery knowing they can not afford is wrong. People
will enter regardless.
I urge you to take deeper look at this. Just asking for due diligence.
Thank you,
Bobby
_
Bobby L’Heureux
Owner + Director of Partnerships
Jaunt Media Collective
WELL Magazine
YOGA+life
SPOKE+BLOSSOM
COVERED BRIDGE
860.230.8650
On May 21, 2024, at 9:38 AM, Kim Fuller <kim@jauntmediacollective.com>
wrote:
May 21, 2024
Good morning Vail Town Council Members,
To address today’s agenda item no. 5.3 and in response to the memorandum from
the Vail Housing Department sent on May 21, 2024:
The memorandum from Vail Housing Department states lottery application
“improvements” were made in September 2022. Also stated but proven to be not
factual is improved “access to the Town’s housing programs and initiatives
through a clear, equitable, and easy to administer process for housing selection.”
The memo does inform how the current process has proven to be clear and easy,
but it is not equitable, as it does not ensure every candidate who enters to be
9
qualified.
I have suggested that a pre-qualification letter be uploaded as a part of application
process, along with the applicant's identification, to ensure applicants are
qualified. It’s a process required in the home buying process always, and should
be required to prove financial qualification to enter a Town of Vail housing
lottery. This will ensure the goals of an application process that is clear, equitable,
and easy.
A candidate is not qualified until they have a pre-qualification letter. The town is
currently allowing people to enter a housing lottery that may not be qualified.
In response to the memo citing “increased staff time” and “challenges from
lenders,” proven qualification to buy a home is a necessary step in every real
estate buying process. Lenders are in the business of lending, so that challenge
seems to not be relevant, and the Housing Department can review one more
upload from each applicant, a pre-qual from a lender, without adding too much
time to the due diligence that should be required in this process.
Thank you for considering adjusting the Town of Vail housing application
lottery process to include a pre-qualification from a lender as a requirement
to enter the lottery.
Thank you for your time.
Best,
Kim
—
KIM FULLER
Owner + Publisher
“Enjoy the journey.”
jauntmediacollective.com
YOGA + Life - Well - Spoke+Blossom - Covered Bridge
<Jaunt Logos -04 copy.jpg>
On Apr 17, 2024, at 6:57PM, Kim Fuller
<kim@jauntmediacollective.com> wrote:
To Vail Town Council Members:
I had sent a version of this to the previous Vail Town Council in the
early fall of 2023, but sending again now because we have new
council members, and the most recent (today) TOV housing lottery
make this ever-more apparent …
The requirements to enter the housing lottery in the Town of Vail was
changed in 2023.
10
Are you aware that applicants for all the housing lottery
opportunities, like the one that was just announced, do not have to
prove pre-qualification of any kind until they are picked top 5 in any
of those lotteries? All that is required to enter the lotteries is to
upload an I.D.
So rather than getting a pre-approval from the bank that you can, in
fact, qualify for a $313,000 or $654,269, or any priced mortgage with
current interest rates, you can simply upload an I.D. and then prove
this and all the other qualification steps once you get randomly
picked in the lottery.
Today’s lottery had 234 applicants (564 tickets), and it reads “234
qualified applicants eligible for the lottery” in the TOV communication
channels. What makes these applicants qualified if all they do is upload an
ID and check some boxes?
My concern is the significant decrease in lottery probability with this
process. Even without hard math, it’s quite obvious that many more
individuals will be able to simply upload an I.D. than prove
qualification through even just one or two due diligence steps.
Please consider urging the Town of Vail Housing Department to
require at least a pre-qualification letter from the bank, in addition to
the I.D. upload, in order to enter a TOV housing lottery.
I have expressed this to Missy and Martha in-person. Let me know if
it would help to show up at a meeting to put this on verbal record.
Thank you for your time.
Best,
Kim
—
KIM FULLER
Owner + Publisher
“Enjoy the journey.”
jauntmediacollective.com
YOGA + Life - Well - Spoke+Blossom - Covered Bridge
<Jaunt Logos -04 copy.jpg>
11
From:Kim Fuller
To:PublicInputTownCouncil
Subject:Re: Concern with current TOV Housing Lottery application process
Date:Tuesday, May 21, 2024 9:39:04 AM
May 21, 2024
Good morning Vail Town Council Members,
To address today’s agenda item no. 5.3 and in response to the memorandum from the Vail
Housing Department sent on May 21, 2024:
The memorandum from Vail Housing Department states lottery application “improvements”
were made in September 2022. Also stated but proven to be not factual is improved “access to
the Town’s housing programs and initiatives through a clear, equitable, and easy to administer
process for housing selection.”
The memo does inform how the current process has proven to be clear and easy, but it is not
equitable, as it does not ensure every candidate who enters to be qualified.
I have suggested that a pre-qualification letter be uploaded as a part of application process,
along with the applicant's identification, to ensure applicants are qualified. It’s a process
required in the home buying process always, and should be required to prove financial
qualification to enter a Town of Vail housing lottery. This will ensure the goals of an
application process that is clear, equitable, and easy.
A candidate is not qualified until they have a pre-qualification letter. The town is currently
allowing people to enter a housing lottery that may not be qualified.
In response to the memo citing “increased staff time” and “challenges from lenders,” proven
qualification to buy a home is a necessary step in every real estate buying process. Lenders are
in the business of lending, so that challenge seems to not be relevant, and the Housing
Department can review one more upload from each applicant, a pre-qual from a lender,
without adding too much time to the due diligence that should be required in this process.
Thank you for considering adjusting the Town of Vail housing application lottery
process to include a pre-qualification from a lender as a requirement to enter the lottery.
Thank you for your time.
Best,
Kim
—
KIM FULLER
Owner + Publisher
“Enjoy the journey.”
jauntmediacollective.com
YOGA + Life - Well - Spoke+Blossom - Covered Bridge
12
On Apr 17, 2024, at 6:57PM, Kim Fuller <kim@jauntmediacollective.com>
wrote:
To Vail Town Council Members:
I had sent a version of this to the previous Vail Town Council in the early fall of
2023, but sending again now because we have new council members, and the
most recent (today) TOV housing lottery make this ever-more apparent …
The requirements to enter the housing lottery in the Town of Vail was changed in
2023.
Are you aware that applicants for all the housing lottery opportunities, like the
one that was just announced, do not have to prove pre-qualification of any kind
until they are picked top 5 in any of those lotteries? All that is required to enter
the lotteries is to upload an I.D.
So rather than getting a pre-approval from the bank that you can, in fact, qualify
for a $313,000 or $654,269, or any priced mortgage with current interest rates,
you can simply upload an I.D. and then prove this and all the other qualification
steps once you get randomly picked in the lottery.
Today’s lottery had 234 applicants (564 tickets), and it reads “234 qualified
applicants eligible for the lottery” in the TOV communication channels. What makes
these applicants qualified if all they do is upload an ID and check some boxes?
My concern is the significant decrease in lottery probability with this process.
Even without hard math, it’s quite obvious that many more individuals will be
able to simply upload an I.D. than prove qualification through even just one or
two due diligence steps.
Please consider urging the Town of Vail Housing Department to require at least a
pre-qualification letter from the bank, in addition to the I.D. upload, in order to
enter a TOV housing lottery.
I have expressed this to Missy and Martha in-person. Let me know if it would
help to show up at a meeting to put this on verbal record.
Thank you for your time.
Best,
Kim
—
KIM FULLER
Owner + Publisher
13
“Enjoy the journey.”
jauntmediacollective.com
YOGA + Life - Well - Spoke+Blossom - Covered Bridge
<Jaunt Logos -04 copy.jpg>
14
From:Kevin
To:Council Dist List
Subject:Support for Your Rejection of Danielle Seewalker
Date:Monday, May 20, 2024 12:06:16 PM
Dear Councilmembers:
I’m a local resident from Castle Pines and I wanted to let you know that I stand with the town
of Vail in deciding against displaying Danielle Seewalkers art due to her support of the
terrorist state of Palestine.
Although not all Palestinians are terrorists, there is a reason their Muslim neighbors don’t
want them as refugees; and their continued presence is not at all like the Native presence from
our American past, since Israelis are native to their region too.
I have written her urging her to stay in touch with her culture and history but stay in her own
lane: the Native people lost a war with Europe and the US in a quite valid way and the way
that that war was waged has little to nothing to do with what is happening between Muslim
terrorists and Israelis in the Middle East.
The Jews might not like most of us, but they would not harm us. The Palestinians would not
tolerate any of us at all, ironically, least of all someone like Danielle Seewalker.
Don’t be dissuaded by these ignorant protesters.
Sincerely,
Kevin Bauer
720.883.5374
KevinBau49@gmail.com
7057 Hyland Hills St. 80108
15
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:New Business
AGENDA SECTION:Appointments of Boards, Commissions and Authorities (5 min.)
SUBJECT:Vail Local Housing District (VLHA) Appointment
SUGGESTED ACTION:Motion to appoint one member to service on the VLHA for a five-year
term ending on May 31, 2029.
PRESENTER(S):Travis Coggin, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
16
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 23, Series of 2024, A Resolution Approving a
Lease Agreement between the Town of Vail, and the Colorado
Department of Transportation ("CDOT") Regarding Parking
Along the Non-Travel Lanes of the Interstate 70 Frontage Roads
Located within the Limits of the Town
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 23,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 23 Series 2024 CDOT FRONTAGE RD Permit Parking Lease
Vail Overnight and Oversized Parking
17
Resolution No. 32, Series 2012
RESOLUTION NO. 23
Series of 2024
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION (“CDOT”) REGARDING PARKING ALONG THE NON-
TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED
WITHIN THE LIMITS OF THE TOWN
WHEREAS, the Town and CDOT wish to enter into a lease agreement
pursuant to the terms set forth in Exhibit A, attached hereto and incorporated
herein by this reference (the “Lease”), which includes a parking program utilizing
the Vail Frontage Roads.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1.The Council hereby approves the Lease and authorizes the Town
Manager to execute the Lease on behalf of the Town in substantially the same
form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of May, 2024.
_________________________
Travis Coggin
Mayor, Town of Vail
ATTEST:
_____________________________
Stephanie Kauffman,
Town Clerk
18
Rev.10/2023
Page 1 of 7
PROPERTY MGMT.NO. __________________
NO: PROJECT I70-2(7) 183
LOCATION: I-70 frontage roads w/in the
limits of the Town of Vail
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this 1st day of May , 2024 by and between the State
of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter
referred to as "Lessor", and The Town of Vail thereinafter referred to as "Lessee".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located along the non-travel lanes of the Interstate 70 (I-70) frontage roads located
within the limits of The Town of Vail in Eagle County, Colorado at the following mile marker:
• West Vail North MP 172.98-173.32 Exhibit A
2. TERM The term of this lease shall begin on May 1, 2024 and end on April 30, 2029, subject to
the cancellation and termination provisions herein.
3. RENT. Lessee shall pay $250.00, per year as rent on the first of each annual period during the
term hereof. Payments shall be made payable to the Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
2829 W. Howard Pl., 5th Floor
Denver, CO 80204
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of
the month when due, a late charge of five percent (5%) of the total installment will be assessed to the
Lessee for that month and each succeeding month the payment is not received on or before the 10th day
of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to
Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars
($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not
waive Lessor's right to declare Lessee in default of this Lease Agreement.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public
parking for overnight and oversized vehicles. The Premises may not be used for any other purpose
without the specific written prior permission of the Lessor. Any other use of the Premises shall constitute
material breach of this Lease and may cause this lease to terminate immediately at the Lessor’s option.
5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
19
Rev.10/2023
Page 2 of 7
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and FHWA
for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the
Premises.
7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee
30-day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day
written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
20
Rev.10/2023
Page 3 of 7
14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo. Dept. of Transportation The Town of Vail
Property Management Manager Attn: Town Manager
2829 W. Howard Pl., 4th Floor 75 S. Frontage Road
Denver, Colorado 80204 Vail, Colorado 81657
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty (30) days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the
soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee’s expense.
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20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy
the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's
default or of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the property beyond its present condition.
(d) Upon the Lessee's failure to remove its personal property from the Premises after the
expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon
Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives
all claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
them on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
(b) Workers’ Compensation Insurance as required by State statute, and Employer’s Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
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2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an
extended reporting period of at least two-years following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
(j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall
provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or
Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or
Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance
with the provisions of this section. Insurance coverage must be in effect, or this lease is in default.
(k) Notwithstanding subsection (a.) of this section, if the Lessee is a “public entity” within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
(l) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
their Commercial General Liability, and Umbrella or Excess Liability policies.
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23. ADDITIONAL PROVISIONS.
No parking shall be allowed in any area within the 1-70 clear zone. Additionally,
no parking shall be allowed in any area that lacks sufficient shoulder width to
allow a parked vehicle to be located completely out of any adjacent travel lane
and which does not provide adequate protections to pedestrians from moving
vehicles. Lessee shall, at no cost or expense to Lessor, cause any vehicle parked
within any clear zone area to be immediately towed.
Lessee shall not use the Premises nor allow any other party to use the Premises
for any purpose not specifically authorized by this Lease nor for any purpose
prohibited by the State of Colorado and/or the FHWA.
Lessee shall ensure that parking upon the Premises shall not interfere with any
portion of the adjoining 1-70 and with the 1-70 frontage road travel lanes. Lessee
shall further ensure that parking upon the Premises shall not interfere with
Lessor's or Lessor's approved installation, operation. maintenance and repair of
any utilities or drainage facilities located on, above, over, under, through, across
or adjacent to the Premises.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSEE:
______________________________________
(Print Full Legal Name)
By ___________________________________
(Signature)
Title___________________________________
______________________________________
Federal Tax Identification Number
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LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
_____________________________________
Hope Wright Date Keith Stefanik, P.E. Date
Chief Clerk – Property Management Chief Engineer
25
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Stephanie Bibbens, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No.24, Series of 2024, A Resolution Agreement
between the Town of Vail, and the Colorado Department of
Transportation ("CDOT") Regarding Parking Along the Non-
Travel Lanes of the Interstate 70 Frontage Roads Located within
the Limits of the Town
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 24,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 24 Series 2024 CDOT FRONTAGE RD Parking 5 Year Lease
Vail NW Frontage Road Lease
26
RESOLUTION NO. 24
Series of 2024
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION (“CDOT”) REGARDING PARKING ALONG THE NON-
TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED
WITHIN THE LIMITS OF THE TOWN
WHEREAS, the Town and CDOT wish to enter into a lease agreement
pursuant to the terms set forth in Exhibit A, attached hereto and incorporated
herein by this reference (the “Lease”), which includes a parking program utilizing
the Vail Frontage Roads.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1.The Council hereby approves the Lease and authorizes the Town
Manager to execute the Lease on behalf of the Town in substantially the same
form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of May, 2024.
_________________________
Travis Coggin
Mayor, Town of Vail
ATTEST:
_____________________________
Stephanie Kauffman,
Town Clerk
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PROPERTY MGMT.NO. __________________
NO: PROJECT I70-2(7) 183
LOCATION: I-70 frontage roads w/in the
limits of the Town of Vail
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this 1st day of May , 2024 by and between the State
of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter
referred to as "Lessor", and The Town of Vail thereinafter referred to as "Lessee".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1.PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located along the non-travel lanes of the Interstate 70 (I-70) frontage roads located
within the limits of The Town of Vail in Eagle County, Colorado at the following mile markers:
Vail Village MP 176.15-176.5 Exhibit A.1
Public Works MP 176.5-177.35 Exhibit A.1
PW-Aspen Lane MP 177.4-178.8 Exhibit A.2
North Frontage Rd. MP 173.5-173.8 Exhibit A.3
South Frontage Rd. MP 173.5-174.2 Exhibit A.3
Cascade Village MP 174.43-174.72 Exhibit A.4
Lionshead MP 175.31-175.81 Exhibit A.4
2. TERM The term of this lease shall begin on May 1, 2024 and end on April 30, 2029, subject to
the cancellation and termination provisions herein.
3.RENT. Lessee shall pay $250.00, per year as rent on the first of each annual period during the
term hereof. Payments shall be made payable to the Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
2829 W. Howard Pl., 5th Floor
Denver, CO 80204
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of
the month when due, a late charge of five percent (5%) of the total installment will be assessed to the
Lessee for that month and each succeeding month the payment is not received on or before the 10th day
of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to
Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars
($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not
waive Lessor's right to declare Lessee in default of this Lease Agreement.
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4.USE. It is understood and agreed that the Lessee intends to use the Premises only for public
parking for general peak period public overflow parking at times Lessee’s off-street parking
facilities are anticipated to or have reached full capacity. The Premises may not be used for any
other purpose without the specific written prior permission of the Lessor. Any other use of the Premises
shall constitute material breach of this Lease and may cause this lease to terminate immediately at the
Lessor’s option.
5.TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6.HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and FHWA
for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the
Premises.
7.OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8.LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor.
9.APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10.CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee
30-day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day
written notice of their intent to do so.
11.COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
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12.CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13.NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14.NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15.NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo. Dept. of Transportation The Town of Vail
Property Management Manager Attn: Town Manager
2829 W. Howard Pl., 4th Floor 75 S. Frontage Road
Denver, Colorado 80204 Vail, Colorado 81657
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16.HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty (30) days written notice prior to termination of this holdover tenancy.
17.CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18.HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the
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soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19.NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee’s expense.
20.BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21.DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy
the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's
default or of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the property beyond its present condition.
(d) Upon the Lessee's failure to remove its personal property from the Premises after the
expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon
Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives
all claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a)The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
them on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
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(b)Workers’ Compensation Insurance as required by State statute, and Employer’s Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c)Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
1.$1,000,000 each occurrence;
2.$2,000,000 general aggregate;
3.$50,000 any one fire.
If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d)If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an
extended reporting period of at least two-years following finalization of the Lease.
(e)Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f)CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g)The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h)The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i)All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
(j)In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall
provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or
Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or
Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance
with the provisions of this section. Insurance coverage must be in effect, or this lease is in default.
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(k)Notwithstanding subsection (a.) of this section, if the Lessee is a “public entity” within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
(l) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
their Commercial General Liability, and Umbrella or Excess Liability policies.
23. ADDITIONAL PROVISIONS.
This Lease Agreement shall replace previous Lease #101380, executed on June
21, 2023.
No parking shall be allowed in any area within the 1-70 clear zone. Additionally,
no parking shall be allowed in any area that lacks sufficient shoulder width to
allow a parked vehicle to be located completely out of any adjacent travel lane
and which does not provide adequate protections to pedestrians from moving
vehicles. Lessee shall, at no cost or expense to Lessor, cause any vehicle parked
within any clear zone area to be immediately towed.
Lessee shall not use the Premises nor allow any other party to use the Premises
for any purpose not specifically authorized by this Lease nor for any purpose
prohibited by the State of Colorado and/or the FHWA.
Lessee shall ensure that parking upon the Premises shall not interfere with any
portion of the adjoining 1-70 and with the 1-70 frontage road travel lanes. Lessee
shall further ensure that parking upon the Premises shall not interfere with
Lessor's or Lessor's approved installation, operation. maintenance and repair of
any utilities or drainage facilities located on, above, over, under, through, across
or adjacent to the Premises.
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IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSEE:
______________________________________
(Print Full Legal Name)
By ___________________________________
(Signature)
Title___________________________________
______________________________________
Federal Tax Identification Number
LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
_____________________________________
Hope Wright Date Keith Stefanik, P.E. Date
Chief Clerk – Property Management Chief Engineer
34
EXHIBIT A.1
35
EXHIBIT A.2
36
EXHIBIT A.3
37
EXHIBIT A.4
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AGENDA ITEM NO. 6.3
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:TJ Johnson, Information Technology
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 25, Series of 2024, A Resolution of the Vail Town
Council Approving the First Amendment to Construction
Contract with ViaOne Services, and Waiving the 80% Colorado
Labor Requirement
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 25,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Fiber Construction Resolution Memo
Resolution No. 25 for ViaOne Fiber Construction
ViaOne Agreement 1st Amendment
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To: Vail Town Council
From: IT Department
Date: May 21, 2024
Subject: Resolution to Waive Keep Jobs in CO Act for Fiber Construction Project
I. SUMMARY
Provide Council information on our Fiber Loop construction project, the RFP process we
followed, and the reasons we are requesting an amendment to the existing agreement.
Specifically, we are requesting that Council waive the 80% Colorado labor requirement found in
the Keep Jobs in Colorado Act, which states that 80% of labor for public projects that will cost
more than $500,000 be based in CO. If the Council does choose to approve the Resolution and
corresponding First Amendment to the Agreement, the Town will post notice of the waiver and a
justification for the waiver on our website.
II. BACKGROUND
In July 2023, the Town entered into an agreement with ViaOne Services (V1) to complete our
fiber loop project. This project will build an additional path of fiber through the Town, ensuring
our network connectivity will be maintained in the event of a failure with the existing fiber path
infrastructure. By completing this project, the town will be well positioned to continue the
excellent services we have today, set us up for future connectivity to additional areas of the
town, and potentially work with local partners to improve their broadband services, as well.
The IT department put out an RFP for the construction services for this project in May 2023 and
received two proposals in response. V1 put in a bid of $400,000 for the work, and the only other
bid was from Trace, LLC (which is a Colorado-based company), and it came in at over $1.8
million. After due consideration of the two proposals, we decided to move forward with V1 as
our partner for this project. Due to the potential premium costs required for the boring, we
entered into an agreement with V1 for a cost not to exceed $770,000, rather than just at the
$400,00 bid price. At the time, V1 accepted all of the terms in the agreement, including the 80%
labor requirement.
This project was originally slated to be completed in the fall of 2023, but due to additional
permitting requirements from CDOT (much of the work will be in the CDOT right of way), the
project has been delayed to the spring/summer of 2024. We now have all permitting in place
and are ready to begin construction.
During the interim time since the agreement was originally signed, V1 determined that they
would be sub-contracting this work to a company that will not be able to comply with the Keep
Jobs in CO Act. The act does allow a municipality to waive this requirement of the law, if
"reasonable evidence" exists that there is insufficient Colorado labor available to perform the
work and the labor requirement would create an undue burden that substantially prevents the
project from being completed. In this case, since there were only two bids, and the one from the
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CO-based company was more than 1 million dollars higher, the IT department submits these
facts as the evidence that adhering to the law constitutes an undue burden to the Town to get
this work completed.
One other issue is addressed in the amendment, related to the payment terms in the
agreement. There will be no increase in the cost of the project, but there is a change in that we
will be paying more money up front than previously agreed. Specifically, we will pay $200,000
to V1 upon mobilization of resources for the project, and then pay invoices as received on a
monthly basis.
III. ACTION REQUESTED OF COUNCIL
Approve, approve with modifications, or deny Resolution 25 Series 2024, as well as the
corresponding first amendment to our existing agreement with ViaOne Services for the fiber
loop construction project.
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FOR VIAONE FIBER CONSTRUCTION-R050624.DOCX
RESOLUTION NO. 25
SERIES 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE
FIRST AMENDMENT TO CONSTRUCTION CONTRACT WITH VIAONE
SERVICES, AND WAIVING THE 80% COLORADO LABOR
REQUIREMENT
WHEREAS, the Keep Jobs in Colorado Act (the "Act") was enacted into law in
2013 and codified in C.R.S. Article 17 of Title 8;
WHEREAS, pursuant to C.R.S. § 8-17-101(1), when a local government finances
a public works project, at least 80% of the work on the project must be performed by
Colorado labor;
WHEREAS, on July 26, 2023, the Town executed a Construction Contract with
ViaOne Services for the Town's Fiber Loop Project, which included a requirement of
compliance with the Act;
WHEREAS, pursuant to C.R.S. § 8-17-101(1), if "reasonable evidence" exists that
there is insufficient Colorado labor available to perform the work and the labor
requirement would create an undue burden that substantially prevents the project from
being completed, the Town may waive the 80% requirement;
WHEREAS, the Town Council finds that waiving the 80% Colorado labor
requirement for the Construction Contract with ViaOne Services is in the best interests of
the Town, that there is reasonable evidence to support this waiver, and that without this
waiver, the Colorado labor requirement would create an undue burden that would
substantially prevent this project from being completed ; and
WHEREAS, the Town Council finds it in the best interest of the public health, safety
and welfare to approve the attached First Amendment to Construction Contract.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. The Town Council hereby waives the 80% Colorado labor
requirement for the Construction Contract with ViaOne Services.
Section 2. The Town Council hereby approves the First Amendment to the
Construction Contract with ViaOne Services in substantially the form attached hereto,
subject to final approval by the Town Attorney. Upon such approval, the Town Manager
is authorized to execute the Construction Contract on behalf of the Town.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY of May.
2024.
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FOR VIAONE FIBER CONSTRUCTION-R050624.DOCX
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
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AGREEMENT 1ST AMENDMENT.DOCX
FIRST AMENDMENT TO CONSTRUCTION CONTRACT
THIS FIRST AMENDMENT TO CONSTRUCTION CONTRACT (the "First
Amendment") is made and entered into this 21st day of May, 2024 (the "Effective Date"),
by and between the Town of Vail, a Colorado home rule municipality with an address of
75 South Frontage Road, Vail, CO 80657 (the "Town"), and ViaOne Services, an
independent contractor with a principal place of business at 2711 LBJ Freeway, Suite
#1065, Dallas, TX 75234 ("Contractor") (each a "Party" and collectively the "Parties").
WHEREAS, the Parties entered into a Construction Contract on July 26, 2023; and
WHEREAS, the Parties wish to amend the Construction Contract.
For the consideration hereinafter set forth, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Section III of the Construction Contract is hereby amended to read as
follows:
For completion of the Scope of Work in compliance with this Contract, the Town
shall pay Contractor an amount not to exceed $770,000 (the "Contract Price"),
subject to the requirements of C.R.S. § 38-26-107. The Town shall pay Contractor
$200,000 initially, and thereafter shall pay invoices for work completed in
compliance with this Agreement, up to the Contract Price, subject to C.R.S. § 38-
26-107.
2. Section IX of the Construction Contract is hereby amended to read as
follows:
Pursuant to the Keep Jobs in Colorado Act, C.R.S. § 8-17-101, et seq. (the "Act"),
and the rules adopted by the Division of Labor of the Colorado Department of Labor
and Employment implementing the Act (the "Rules"), the Town finds that there
exists "reasonable evidence" that there is insufficient Colorado labor available to
perform the Scope of Work and the labor requirement would create an undue
burden that substantially prevents the Scope of Work from being completed.
Therefore, the Town agrees to waive the 80% Colorado labor requirement.
3. Exhibit A Scope of Work of the Construction Contract is hereby amended
and replaced with Exhibit A-1, attached hereto and incorporated herein by this reference.
4. Except as amended herein, all other terms and conditions of the
Construction Contract shall remain in full force and effect as written.
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AGREEMENT 1ST AMENDMENT.DOCX
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
__________________________________
Stephanie Kauffman, Town Clerk
CONTRACTOR
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of __________, 2024, by _______________________ as
_________________ of ViaOne Services.
My commission expires:
(S E A L) ________________________________
Notary Public
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EXHIBIT A-1
SCOPE OF WORK
Contractor shall complete the following: (1) the Town Fiber Loop Project conduit
installation, including approximately 23,600 feet of conduit via directional bore and/or
vibratory plow; (2) 24 handholes; (3) installation of approximately 32,000 feet of fiber
optic cables either in blown into new conduit or pulled through existing conduits ; and (4)
312 fusion splices at nine locations. The conduit shall include: (1) FuturePath 7 Cell
HDPE installed via directional boring, and (2) Microduct HDPE installed via vibratory plow
per the drawings and specifications included with the Contract.
The approach and pricing details that were provided by Contractor to the Town
have been included in this Exhibit A. The unit pricing included in this Exhibit A will be
used to determine final costs.
Construction specifications and the proposed map for fiber locations have also
been included in this Exhibit A. This will ensure clear expectations for the Parties.
I. Instructions to Contractor
A. Initial Project Meeting – Contractor and the Town's Informational
Technology ("IT") Department shall meet to coordinate and schedule the Scope of Work.
Contractor shall complete all work in accordance with the approved schedule.
B. Authorization to Proceed – work shall not commence until a written notice
to proceed is received by Contractor and the work shall be completed in the time
specified.
C. Routine Billing and Reporting – Contractor shall provide to the Town the
following on a regular basis:
1. Monthly billing formats, acceptable to the Town, for all Contract activities.
2. Monthly Contract status update.
3. Supporting documentation for all direct costs.
4. A retainer in the amount of 5% of the work billed and completed each month
shall be withheld until the project is completed in full.
D. Status of the Contract – Contractor shall monitor the fiscal status of the
Contract and advise the Town's IT Director of any potential for supplementing the
Contract or negotiating an additional task order. Failure to monitor the status of the
Contract and provide timely notification to the Town may result in termination of the
Contract.
E. Project Standards – Contractor's proposed work procedures shall be
coordinated with the Town's IT Department prior to the start of work.
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F. Labor, Materials, Vehicles and Equipment – Contractor shall furnish all
personnel, equipment and transportation required to perform the work. Contractor
personnel shall have appropriate vehicles, cell phones, computers, scanner/color
printers, digital cameras, calculators, manuals, office supplies and personal protective
equipment ("PPE") required for performing the work.
G. Progress meetings with Town staff as needed.
II. Completion Date
A. All work on the project must be substantially completed (pipe and fiber
installed) on or before November 15, 2024, and fully completed by Contractor no later
than December 1, 2024.
B. Liquidated damages shall not be assessed on this project.
III. Contractor-Furnished Material
Contractor shall furnish all of the materials required to complete the Scope of Work.
The Parties shall refer to the attached material list for specific material information.
IV. Permitting
A. All permits required to complete the Scope of Work, with the exception of
traffic control, shall be completed by Contractor.
B. Contractor shall follow all requirements as required by the permits needed
to successfully complete the Scope of Work.
C. Contractor shall be responsible for following all Miss-Dig/Call 811
procedures.
V. Traffic Control
Contractor shall be responsible for all traffic control, road, lane and shoulder
closures required to complete the project, including flaggers. All required traffic control
signage shall be utilized and shall be in accordance with the latest edition of the Colorado
Manual of Uniform Traffic Control Devices. All traffic control along State controlled
highways shall meet Colorado Department of Transportation ("CDOT") standards,
regulations and requirements.
VI. Directional Boring
A. All conduits for directional boring or vibratory plowing shall be either HDPE
FuturePath or HDPE Microduct. All conduits shall be supplied by Contractor.
B. Contractor shall refer to the following reference standards and guidelines:
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1. CDOT STANDARD. Overview and Introduction of Trenchless Installation
within CDOT Right-of-Way.
2. CDOT STANDARD. Special Conditions for Horizontal Directional Drilling
("HDD").
3. HDD Good Practices Guidelines.
C. Contractor shall place silt fences between all drilling operations and any
drainage wetlands, waterways, or other areas designated for such protection by the
Contract, State, Federal, and local regulations. Contractor shall adhere to all applicable
environmental regulations.
D. Contractor shall set all equipment in upland areas and maintain a ten-foot
clearance from the conduit to the bottom of all wetlands, streams, rivers and creeks.
E. All conduits installed via directional boring shall be installed to a minimum
depth of 36 inches measured from the top of the pipe in most areas. When the boring is
conducted adjacent to or under the frontage roads, the minimum depth shall be 48 inches
when outside of the frontage road asphalt and 60 inches when under the frontage roads.
All conduits installed via vibratory plows shall be installed to a minimum depth of 18 inches
measured from the top of the pipe.
F. The directional drilling equipment shall consist of: (1) a directional drilling
rig of sufficient capacity to perform the bore and pullback of the pipe; (2) a drilling fluid
mixing and delivery system of sufficient capacity to successfully complete the crossing;
(3) a guidance system to accurately guide boring operations; and (4) trained and
competent personnel to operate the system.
G. The directional drilling machine shall consist of a hydraulically powered
system to rotate, push and pull a hollow drill pipe into the ground at a variable angle while
delivering a pressurized fluid mixture to a guideable drill (bore) head. The machine shall
be anchored to the ground to withstand the pulling, pushing, and rotating pressure
required to complete the crossing. The hydraulic power system will be self-contained with
sufficient pressure and volume to power drilling operations. The hydraulic system shall
be free of leaks. The drilling rig shall have a system to monitor and record maximum pull-
back pressure during pull-back operations.
H. The drill head shall be adequately steerable by changing its rotation and
shall provide necessary cutting surfaces and drilling fluid jets.
I. The drill pipe shall be constructed of high quality 4130 seamless tubing,
grade D or better, with threaded box and pins. Tool joints shall be hardened to 32-36 RC.
The drill pipe shall meet the bend radii required for the proposed installation.
J. A self-contained closed drilling fluid mixing system shall be of sufficient size
to mix and deliver drilling fluid composed of bentonite clay, potable water and appropriate
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additives. The mixing system shall be able to molecularly shear individual bentonite
particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling
fluid reservoir tank shall be sized for adequate storage of the mud. The mixing system
shall continually agitate the drilling fluid during drilling operations.
K. Drilling fluids shall be composed of clean water and an appropriate additive.
Water shall be from a clean source with a pH of 8.5 -10 and as per mixing requirements
from the manufacturer. Water of lower pH or with excessive calcium shall be treated with
the appropriate amount of sodium carbonate or an equivalent compound. The water and
additives shall be mixed thoroughly and be absent of any clumps or clods. No hazardous
additives shall be used. Drilling fluid shall be maintained at a viscosity sufficient to
suspend cuttings and maintain the integrity of the bore wall. Contractor shall be
responsible for supplying all water required for the drilling operation.
L. Determination of appropriate drilling fluid shall take into account hole
diameters, depth, groundwater elevation, soil density, cohesion, and head losses
between measurement point (drilling rig) and injection point (drill head).
M. The drilling fluid pumping system shall have a minimum capacity to supply
drilling fluid in accordance with the drilling equipment pull back rating at a constant
required pressure. The delivery system shall have filters in-line to prevent solids from
being pumped into the drill pipe. Corrections between the pump and drill pipe will be
relatively leak free. Used drilling fluid and drilling fluid spilled during drilling operations
shall be contained and vacuumed up immediately following each drilling operation.
N. Following drilling operations, Contractor shall demobilize equipment and
restore the work area, as noted on the drawings, to original conditions or to satisfy
requirements of permits, whichever has stricter standards. All excavations shall be fully
backfilled and compacted to existing grade. Where drilling fluid is not allowed to be
disposed of on the project site, it shall be removed by a vacuum truck and disposed of by
Contractor. If the drawings or permits do not clearly specify where drilling fluid is to be
disposed of, Contractor shall remove it per the methods noted herein.
O. Contractor shall clean out all conduits/pipe following complete installation
of each conduit/pipe section between equipment, handholes, or box pads with an
appropriately sized brush and Contractor shall install a pull tape. Contractor shall secure
the pull tape at each conduit/pipe end to insure it does not fall back into the pipe.
Contractor shall also cap all conduits/pipes stubbed above grade to keep water and debris
from entering the conduit/pipe.
P. Contractor shall make sure tracer wire is included in the HDPE FuturePath
or HDPE Microduct. Contractor shall install separate tracer wire alongside the Microduct
conduit.
Q. All pipe connections shall be fused where tension is placed on the pipe.
Mechanical or glued couplings shall be permitted for connections of sweeps/elbows at
equipment locations. Mechanical couplings shall be rated for use on HDPE pipe. Glued
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couplings shall use adhesive strictly listed for use on HDPE pipe and shall create a fully
watertight seal.
R. Contractor shall provide an as-built log or drawing of the pipe installation,
including horizontal position to fixed reference points such as center of roadway, distance
off ROW line, and depth below grade, water, bottom of stream, river and lake. Horizontal
and vertical positions shall be noted a minimum of every 20 feet along the route.
VII. Site Restoration and Damage Repair
A. Contractor shall restore all disturbed areas to its original conditions. This
includes topsoil, seeding and mulch in lawn areas, and patching of paved areas with in -
kind materials.
B. Contractor shall be responsible for repair costs related to all utilities
damages as a result of the directional boring process.
C. Contractor shall be responsible for repairing all irrigation lines, buried fence
wires, and similar "non-locatable" items damaged as a result of the directional boring
process. Contractor shall be compensated for each repair at the rate listed in the bid unit
list.
D. Contractor shall be responsible for all charges related to obtaining water
from the Town's water system, including meter and usage charges.
VIII. Safety Rules
Contractor shall have a written safety program in place to adequately protect their
employees from workplace hazards. Written documentation of the safety program and
employee trainings shall be made available to the Town upon request. Contractor is
ultimately responsible for the safety of all Contractor employees while completing the
Scope of Work.
IX. Leaving the Project for Extended Time Periods
A. Following commencement on the project, Contractor shall not abandon the
project for an extended length of time, unless the Town provides written permission. The
Town shall review the project schedule to verify that Contractor has provided sufficient
crews and equipment to keep the project on schedule prior to granting permission to leave
for an extended period of time. It is the Town's intent to ensure Contractor is progressing
throughout the duration of the project.
B. If Contractor abandons the project for more than 5 working days, Contractor
shall leave the project in a safe and reliable state. This includes without limitation:
1. All excavations shall be backfilled and compacted to grade.
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2. All pavement removals shall be backfilled and temporarily patched with
gravel, "cold-patch" or concrete in compliance with CDOT standards.
3. All equipment box pads shall be covered and all material shall be moved to
a secure area.
4. All Contractor owned vehicles and equipment shall be removed from the
project site and move to an area approved by the Town.
C. If Contractor leaves the project and does not comply with Section IX(B),
then the Town shall retain the right to complete those items and charge Contractor for all
labor, equipment time and material utilized. This includes payment to outside contractors
to complete the required work.
Fiber Loop Unit List
UNIT ITEM
DESCRIPTION
UNIT BID
QUANTITY
LABOR &
MATERIAL
EXTENDED
TOTAL
Directional Bore
FuturePath Conduit
Linear Feet 19,172
Vibratory Plow
Microduct + Tracer
Wire
Linear Feet 4,428
Fiber Blow-In
Installation
Incrementals 23,600
1" EMT Conduit
Installation on Rooftop
Linear Feet 720
Fiber Pull-Through-
Existing
Incrementals 5,495
Handhole Installation Each 24
Fiber Fusion Splice Each 312
TOTAL CONTRACTOR BASE BID
PRICE:
1. Note: Allowance for repair of irrigation lines, buried pet fences and similar "non -
locatable" items shall be utilized for payment of each repair required at the stated cost.
2. All quantities are estimates and shall be paid for based on final field
measurements.
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AGENDA ITEM NO. 6.4
Item Cover Page
DATE:May 21, 2024
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Wall Coating Systems Inc. for I-70 Pedestrian
Bridge Rehabilitation Project
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Wall Coating Systems Inc. to
complete the I-70 Pedestrian Bridge Rehabilitation project, in the
amount not to exceed $87,500.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
I-70 Pedestrian Bridge Council Memo
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To:Town Council
From:Public Works
Date:05/21/2024
Subject:I-70 Pedestrian Bridge Rehabilitation Contract Award
I.ITEM/TOPIC
I-70 Pedestrian Bridge Rehabilitation Contract Award
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Wall Coating Systems,
Inc. to complete the I-70 Pedestrian Bridge Rehabilitation Contract Award Project.
III.BACKGROUND
Staff received 4 bids for the I-70 Pedestrian Bridge Rehabilitation Project from Wall
Coating Systems, Inc, Legacy General Contracting, Hallmark, Inc and Meridian
Contracting, Inc. The project is budgeted with the RETT Pedestrian Bridge Projects
budget. Work includes concrete spall repair, bridge handrail repair, bridge joint and
concrete sidewalk repair. The project is scheduled to be completed by August 30,
2024.
IV.STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, with Wall Coating Systems, Inc to complete the I-70 Pedestrian Bridge
Rehabilitation Contract Award Project in the amount not to exceed $87,500.00.
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