HomeMy WebLinkAbout2024-09-17 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order (6:00pm)
2.Public Participation (6:00pm)
2.1 Public Participation (10 min.)
3.Any action as a result of Executive Session
4.Consent Agenda (6:10pm)
4.1 Resolution No. 42, Series of 2024, A Resolution Approving
a Grant Agreement between the Town of Vail and the
Colorado Department of Transportation for Design Work
Related to Expansion of the Vail Transportation Center
Approve, approve with amendments, or deny Resolution No.
42, Series of 2024.
Background: In the fall of 2022, the Town of Vail was awarded
two Multimodal Transportation and Mitigation Options Fund
(MMOF) grants with the State of Colorado. This grant
provides funding opportunities for multimodal and transit
capital projects and greenhouse gas mitigation projects that
decrease vehicle miles traveled.
4.2 Change Order with 360 Paving for 2024 Vail Overlay
Project
Authorize the Town Manager to enter a change order
agreement, in a form authorize by the Town Attorney, with 360
Paving LLC to complete the 2024 Vail Overlay project in an
amount not to exceed $117,012.00.
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually by Zoom.
Zoom Meeting Link: https://vail.zoom.us/webinar/register/WN_fykIW_CkTXOg5MWQk3JgPA
6:00 PM, September 17, 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.
Public 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.
CouncilMemo9-10-24__1
Resolution__CDOT_Grant_Agmt__1
Envelope_Created_Town_of_Vail_PO491003710
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Background: This change order is to include quantity overruns
of asphalt placed due to surface irregularities.
4.3 Contract Award with AVI-SPL to Replace the Donovan
Pavilion Audio/Visual Systems
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with AVI-SPL to replace
the Donovan Pavilion audio/visual system, in an amount not to
exceed $125,000.00.
Background: Donovan Pavilion is one of the Town's premier
locations for hosting events. As the world has become more
connected through technology, it is important to keep our
facilities up-to-date on all technologies to ensure we remain
competitive and attractive to our customers.
4.4 Contract Award to Wright Water Engineers for Completion
of Golf Course Vegetation and Riparian Enhancement
Master Plan
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Wright Water
Engineers for completion of a Golf Course Vegetation and
Riparian Enhancement Master Plan, in an amount not to
exceed $105,000.00.
Background: As part of the effort to achieve Town Council's
strategic goal of restoring aquatic insect populations in Gore
Creek and removing Gore Creek from the 303 (d) list of
impaired waterways by 2029, the Environmental Sustainability
Department put out an RFP for firms to complete a study of
riparian habitat, vegetation, chemical use, and floodplain
connectivity on the Vail Golf Course.
5.Action Items (6:10pm)
5.1 Contract Award to MW Golden Constructors for the Artist
in Residence Studio Construction (6:10pm)
15 min.
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with MW Golden
Constructors for the Artist in Residency Studio construction,
not to exceed $1,214,904.00.
Presenter(s): Greg Hall, Director of Public Works and
Transportation
Background: The purpose of this item is to award a contract for
the construction of the Artist in Residence Studio to the lowest
bid, which came in within the current budget for the project.
6.Public Hearings (6:25pm)
Council Memo - Overlay Change Order
AVI-SPL Donovan Pavilion Agreement
GolfCourse Contract TC Memo
Design of Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
Proposal - Wright Water Engineers_Update
Artist in Residence Studio council Memo 091724
Artist in Residency Studio Presentation and Public Comment
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6.1 Ordinance No. 11, Series of 2024, Second Reading, An
Ordinance Amending Chapter 10 of Title 7 of the Vail
Town Code Regarding Commercial Transportation
(6:25pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
11, Series of 2024 upon second reading.
Presenter(s): Commander Lachlan Crawford, Vail Police
Department
Background: The Vail Police Department is requesting Town
Council adopt the recommended changes to Chapter 10 Title 7
of the Town of Vail Municipal Code regarding Commercial
Transportation.
6.2 Ordinance No. 12, Series of 2024, Second Reading, An
Ordinance Approving the Conveyance of Real Property
Owned by the Town of Vail, Described as Lot 2, Timber
Ridge Subdivision to Lion's Ridge Apartment Homes, LLC
(6:30pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
12, Series of 2024, upon second reading.
Presenter(s): Jason Dietz, Housing Director
Background: This agenda item advances the critical actions
identified in the Vail Town Council Action Plan, furthers the
adopted housing goal of the Town of Vail , and aids Vail in
realizing its vision to be the premier international mountain
resort community and as a national leader in the delivery of
housing solutions for its community residents.
7.Adjournment 6:35pm (estimate)
Town Council Memo - Commercial Transportation
Commercial Transportation-O082624
220903 Council Ord memo
Ordinance No. 12 Series of 2024 Lot 2 Timber Ridge Property Conveyance 09032024
Lions Ridge Apartment Homes LLC Ground Lease 9102014
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vail.gov. 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.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (6:00pm)
SUBJECT:Public Participation (10 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 42, Series of 2024, A Resolution Approving a
Grant Agreement between the Town of Vail and the Colorado
Department of Transportation for Design Work Related to
Expansion of the Vail Transportation Center
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 42,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CouncilMemo9-10-24__1
Resolution__CDOT_Grant_Agmt__1
Envelope_Created_Town_of_Vail_PO491003710
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To:Vail Town Council
From:Public Works Department
Date:September 17, 2024
Subject:Resolution No. 42, Series of 2024 - Multimodal Transportation and Mitigation
Options Fund Grant Contract
I.SUMMARY
In the fall of 2022, the Town of Vail was awarded two Multimodal Transportation and
Mitigation Options Fund (MMOF) grants with the state of Colorado. The grant provides
funding opportunities for multimodal and transit capital projects and greenhouse gas
mitigation projects that decrease vehicle miles traveled.
The Town received matching grants of up to $250,000 for the Vail E-Courier Program
Expansion and up to $750,000 for the Vail Intermodal/Mobility Hub Site Modernization &
Expansion Design.
The Vail E-Courier Program grant agreement was executed in 2023 and is in progress;
the Vail Intermodal/Mobility Hub Site Modernization & Expansion grant agreement was
delayed but has now been drafted and is ready for approval by Resolution.
II.BACKGROUND
This Vail Intermodal/Mobility Hub Site Modernization & Expansion Design project is
intended to modernize and expand the existing Vail Transportation Center to
accommodate existing needs and plan for future growth. The project’s goal is to
accommodate emerging technologies, like opportunity charging for electric
buses/vehicles, and increase capacity for buses and vehicles. The Go Vail 2045 Master
Plan process provided a preliminary needs assessment and initial draft concepts for this
project. The next step is to hire a consultant team to confirm the needs assessment,
complete a feasibility study, develop design options and complete the design
development process.
The cost of the project’s planning and design development efforts is anticipated to be
approximately $1.5M; funded 50% by the MMOF grant and 50% by the Town of Vail.
This amount has already been budgeted in the 2024 budget.
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III.RECOMMENDATION
Town staff recommends that the Town Council approve Resolution No. 42, Series of
2024, and allow the Town Manager to enter into a Contract with CDOT in a form
approved by the Town Attorney, in order to receive up to $750,000 of MMOF grant
funding.
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RESOLUTION NO.42
Series of 2024
A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE TOWN
OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
DESIGN WORK RELATED TO EXPANSION OF THE VAIL TRANSPORTATION
CENTER
WHEREAS, the Town and the Colorado Department of Transportation wish to
enter into a agreement, in the form attached hereto as Exhibit A and incorporated
herein by this reference (the “Grant Agreement”), to disburse Multi-Modal Option
Program Funds to enable the Town to complete certain design work related to the
expansion of the Vail Transportation Center.
NOW THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Grant Agreement in
substantially the same form as attached hereto as Exhibit A,and in a form
approved by the Town Attorney, and authorizes the Town Manager to execute the
Agreement on behalf of the Town
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of
Vail Town Council held this 17th day of September 2024.
_________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
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Contract Number: 25-HTR-ZL-00036/ 491003710
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STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
25-HTR-ZL-00036/ 491003710
Grantee
TOWN OF VAIL
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2026 Grant Agreement Amount
STATE MMOF Funds Maximum Amount Fund Expenditure End Date
December 31, 2026
Total for all State Fiscal Years
$750,000.00
$750,000.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB18-001, SB17-228 and
SB17-267.
Agreement Purpose
The purpose of this Grant is for CDOT to disburse Multi-Modal Option Program Funds (MMOF-State) to
Grantee to conduct work within the provisions of this Grant.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work and Budget.
2. Exhibit B, Sample Option Letter.
3. Exhibit C, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C, Title VI-Civil Rights.
2. Colorado Special Provisions in §17 of the main body of this Agreement.
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
2829 W. Howard Place
Denver, CO 80204
Erin.kelican@state.co.us
For Grantee:
Chris Southwick
Town of Vail
75 South Frontage Road
Vail, CO 81657-5096
csouthwick@vailgov.com
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF VAIL
By:_______________________
Russell Forrest, Town Manager
Date: _________________________
GRANTEE
TOWN OF VAIL
By:_______________________
Stephanie Bibbens, Town Clerk
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
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TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK ...................................................................................................................... 6
5. PAYMENTS TO GRANTEE ................................................................................................................. 6
6. REPORTING - NOTIFICATION ........................................................................................................... 7
7. GRANTEE RECORDS ........................................................................................................................... 8
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 10
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 13
14. NOTICES and REPRESENTATIVES .................................................................................................. 13
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 14
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Eff ective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases, the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect when such notice is gi ven shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement .
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E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a terminatio n of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Gra ntee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out -of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F. Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be per formed prior to the effective
date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed withi n 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A.
D. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24 -11-101(1),
C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
H. “End of Term Extension” means the time period defined in §2.D.
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I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of d ata; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24 -72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub -grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
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any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “MMOF Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State determines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24 -30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Grant
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Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
of such Grant Funds. If State, federal or other funds ar e not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Gr antee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies .
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State .
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
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to the State not later than five Business Days following the end of each calendar quarter o r at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extensio n Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 332 1, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and o ther written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grant ee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have b een resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requ irements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
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8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance wit h all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement .
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such S tate Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are not the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, includ ing
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspections, and audits.
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Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of h is or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the ful l performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State employee, any former State employee
within six months following such employee’s termination of employment wi th the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment .
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
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D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows :
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self -insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liabilit y insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
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term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of c ompliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further ob ligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurr ed by the
State in procuring from third parties replacement Work as cover .
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
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a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State .
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24 -101-301(30), C.R.S., for resolution
following the same resolution of controversies process as desc ribed in §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover P age for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
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any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product .
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Recor ds, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case o f open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. Grantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. A ll subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
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C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns .
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized .
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references t o sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted .
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein .
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference .
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller .
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other auth ority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provi ded
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termina tion or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84 -730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
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98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Grantee s hall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege .
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents an d
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
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interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor a nd not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENU E.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used fo r the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
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under any other contracts, grants or agreements between the State a nd Grantee, or by any other appropriate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that
fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Grantee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department prog ram, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8 -17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and, if so terminated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under p enalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2022-MMOF-S: Intermodal/Mobility Hub Site Expansion Design
Project End Date December 31, 2026
Subrecipient Vail, Town of UEID # R17RS3JCQZ68
Contact Name Tom Kassmel Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (970) 479-2235
Email tkassmel@vailgov.com Indirect Rate N/A
WBS* 25809.10.30 ALI N/A
Total Project Budget $1,500,000.00
State MMOF Funds (at 50% or less) $750,000.00
Local Funds (at 50% or more) $750,000.00
Total Project Amount Encumbered via this Grant Agreement $750,000.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Vail shall use 2022 MMOF funds, along with local matching funds, to complete the Intermodal/Mobility
Hub Site Expansion Design (Capital Facility D/E Services) project as more fully described below. The project will
support the goals of the Statewide Transit Plan.
Town of Vail will retain a qualified firm (contractor) to complete design, including environmental work, for the
expansion of the existing Vail Village Transit Center, to accommodate additional transit vehicle capacity, emerging
technologies, electric bus/vehicle charging, future autonomous vehicles, rider amenities, and allow for future
expansion for an AGS station. In accordance with Chapter III of FTA Circular 4702.1B, a Title VI equity analysis
will also be completed.
Project Address: 241 East Meadow Drive, Vail, CO
National Environmental Policy Act (NEPA):
Town of Vail must ensure that the environmental consequences of its transportation project have been adequately
considered and that required mitigation measures can be completed within the time frame and budget desc ribed in
this Grant Agreement. An environmental clearance is required before final design, right -of-way acquisition, and/or
construction funds are authorized. Town of Vail is working with CDOT and FTA on CatEX approval in order to
meet the environmental requirements. Among those requirements, Environmental Justice considerations should
be analyzed and documented, if applicable. For more information see Chapter 9.15 of the CDOT NEPA Manual,
found at: https://www.codot.gov/programs/environmental/nepa-program/nepa-manual.
Key Tasks/Deliverables:
Unless instructed otherwise herein, Town of Estes Park shall provide electronic copies of the following to the CDOT
Project Manager:
● Title VI equity analysis
● Preliminary design drawings/plans
● NEPA Approval from FTA Region 8
● Final design (construction) drawings/plans
B. Performance Standards
1. Project Milestones
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Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) in COTRAMS for Project
Manager Approval 9/30/2024
Submit Procurement Authorization (PA) and solicitation docs in COTRAMS for
Project Manager Approval 10/31/2024
Submit Initial Reimbursement Request in COTRAMS 12/15/2024
Submit Initial Progress Report to Project Manager 12/15/2024
Take Delivery of (First) Project Deliverable(s) 9/30/2025
Take Delivery of and Accept All Project Deliverable(s) 9/30/2026
Submit Final Reimbursement Request in COTRAMS 10/31/2026
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must
be completed no later than the expiration date of this Grant Agreement: December 31, 2026.
2. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Vail
shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Town of Vail will be responsible for performing and adhering to the following design
requirements:
a. Prepare and provide preliminary and final design (Construction Plans) inclu ding
drawings, plans, plats, descriptive or supportive material or special provisions and
estimates (collectively known as “Plans”), as required to communicate the design intent
and to achieve all required local and state approvals, including planning approvals as
required by the Local Authority Having Jurisdiction (LAHJ), adopted County or Town
Codes, and applicable federal and state requirements.
b. If applicable, conduct and complete a Title VI Equity Analysis comparing the impact on
minority and low-income persons of siting the facility at each potential location. Submit
the Equity Analysis to CDOT for review and approval.
c. Ensure all stages of design are in compliance with the requirements of the Americans
with Disabilities Act (ADA), FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations, as well as the standards contained in the document “ADA
Accessibility Requirements in CDOT Transportation Projects” and CDOT Procedural
Directive 605.1, “ADA Accessibility Requirements.
d. Upon reaching 30% design, work with CDOT and FTA (Region 8) on CatEX approval in
order to meet NEPA environmental requirements prior to finalizing design work.
e. Prepare special provisions and estimates in accordance with any specifications as
approved by CDOT.
f. Include details of any required detours in the Plans, in order to prevent any interference in
the construction work and to protect the traveling public.
g. Afford CDOT ample opportunity to review and comment on the Plans and make changes
to the Plans as directed by CDOT to comply with federal and state requirements.
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h. Ensure the Plans produced are stamped by Colorado Registered Professional Engineers
and Architects. Plans must be reviewed and approved in accordance with all Town or
LAHJ requirements and be permitted through the LAHJ.
i. Prepare final design construction plans in accordance with the requirements of the latest
editions of the American Association of State Highway Transportation Officials
(AASHTO) manual and the International Building Code, and as adopted by Town of
Vail, as applicable.
j. Maintain final assembly of Plans and contract documents for the purpose of bidding the
project for construction.
4. Progress Reports
a. Town of Vail shall submit to CDOT on a quarterly basis, or more frequently as request ed
by CDOT, a report describing the progress and expenditures made regarding the Work.
Progress reports may include but are not limited to:
i. Description of project component(s) completed to date,
ii. Total project expenditures made to date,
iii. Total MMOF expenditures made to date, and/or
iv. Anticipated completion date of the remaining, incomplete project component(s).
b. Town of Vail shall submit progress reports via email to the CDOT Project Manager,
unless otherwise agreed to between them, as follows:
Brian Saller at brian.saller@state.co.us.
C. Project Budget
1. The Total MMOF Project Budget is $1,500,000.00. CDOT will pay no more than 50% of the
eligible, actual project costs, up to the maximum amount of $750,000.00. CDOT will retain any
remaining balance of the state share of MMOF Funds. Town of Vail shall be solely responsible for
all costs incurred in the project in excess of the amount paid by CDOT from MMOF Funds for the
state share of eligible, actual costs. For CDOT accounting purposes, the MMOF Funds of
$750,000.00 will be encumbered for this Grant Agreement.
2. No refund or reduction of the amount of Town of Vail’s share to be provided for the project will
be allowed unless there is at the same time a refund or reduction of the state share of a
proportionate amount.
3. Town of Vail may use eligible federal funds for the Local Funds share. Town of Vail’s share,
together with the State MMOF Funds share, must be enough to ensure payment of the Total
Project Budget.
4. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer MMOF funds for this project under the terms of this
Grant Agreement, provided that the state share of MMOF funds to be administered by CDOT are
made available and remain available. Town of Vail shall initiate and prosecute to completion all
actions necessary to enable Town of Vail to provide its share of the Total Project Budget at or
prior to the time that such funds are needed to meet the Total Project Budget.
D. Procurement
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Procurement of the Capital Facility D/E Services will comply with state procurement procedures and the DTR
Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for design must be
followed and will be outlined prior to procurement.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. The third step, and prior to entering into a purchasing agreement or contract with the selected
contractor, will be to obtain Purchase Authorization (PA) approval from the CDOT Project
Manager through COTRAMS. The request for PA approval must include a copy of the solici tation
documents. Per state guidelines, Town of Vail shall enter into a professional services contract with
an architect/engineer or construction design manager and should use an industry approved
contract. At CDOT’s discretion, CDOT may request review of the draft contract to ensure that the
terms and conditions of the contract meet the requirements set forth in this Statement of Work and
all federal and state requirements.
4. Town of Vail shall ensure, prior to the effective date of its contract with its cho sen contractor that
(a) its contractor has secured all licenses, certifications, permits, and other authorizations required
to perform their obligations under such contract, and (b) shall ensure that all employees, agents,
and subcontractors secure and maintain at all times during the term of their employment, agency,
or subcontract, all licenses, certifications, permits, and other authorizations required to perform
their obligations in relation to any subcontracts, and (c) all contractors and subcontractor s agree to
indemnify, save, and hold harmless CDOT, its employees, agents, and assignees (Indemnified
Parties), against any and all costs, expenses, claims, damages, liabilities, court awards, and other
amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in
relation to any act or omission by such contractor or its employees, agents, subcontractors, or
assignees in connection with any contract or subcontract.
5. Town of Vail shall be responsible for reimbursing the selected contractor within forty-five (45)
calendar days after acceptance of the Capital Facility D/E Services.
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Vail upon submission of a complete
reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement effective dates.
Accepted reimbursement packets will include the following completed documents:
● Independent Cost Estimate (ICE) (with the first reimbursement request)
● Procurement Concurrence Request (PCR) (with the first reimbursement request)
● Purchase Authorization (PA) (with the first reimbursement request)
● Environmental Clearance (with the final reimbursement request)
● Final Design Plans (with the final reimbursement request)
● Invoice
● Proof of Payment
Town of Vail must submit the final invoice within sixty (60) calendar days of payment of the final invoice to the
contractor, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar
days of issuance of the final reimbursement payment.
F. Training
In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith
effort to ensure that appropriate training of agency and contracted personne l is occurring and that personnel are up to
date in appropriate certifications.
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Training must also be developed and delivered for new or updated plans, procedures, or rules applicable to facilities.
Training programs should be developed to support the effective and safe implementation of revenue service through
standard operation and maintenance practices. Training programs for critical safety and security practices should
include qualification components, such as an exam or field practical to verify parti cipants have retained and can
skillfully executive the tasks assigned. Training documentation must be maintained to ensure all employees have
met and continue to meet training requirements while employed by Town of Vail.
G. Safety Data
Town of Vail and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries o r claims, and the number and extent of employee accidents,
injuries and incidents.
H. Restrictions on Lobbying
Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Grant Agreement.
I. Special Conditions
1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the
state award is used in accordance with state statutes, regulations, and the terms and conditions of
the state award.
2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and
financial statements as necessary, with reasonable advance notice.
3. Except as provided in this Grant Agreement, Town of Vail shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to the execu tion of this Grant
Agreement.
4. Town of Vail shall document any loss, damage, or theft of FTA- or state-funded property,
equipment, or rolling stock in COTRAMS.
5. Town of Vail shall ensure that it does not exclude from participation in, deny the benefits of, o r
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
6. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles
of environmental justice in planning, project development and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
7. Town of Vail will provide transportation services to persons with disabilities, in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
9. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
Docusign Envelope ID: 96FB0C9E-5BD6-4C06-9A77-DE20F444BB69
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Contract Number: 25-HTR-ZL-00036/ 491003710
Page 24 of 26 Version 10/30/19
10. Town of Vail shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
Docusign Envelope ID: 96FB0C9E-5BD6-4C06-9A77-DE20F444BB69
32
Contract Number: 25-HTR-ZL-00036/ 491003710
Page 25 of 26 Version 10/30/19
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Contract
Current Agreement Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
OPTIONS:
A. Option to extend for an Extension Term
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on
the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as
amended.
OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Option Effective Date:_____________________
Docusign Envelope ID: 96FB0C9E-5BD6-4C06-9A77-DE20F444BB69
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Contract Number: 25-HTR-ZL-00036/ 491003710
Page 26 of 26 Version 10/30/19
EXHIBIT C, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
Docusign Envelope ID: 96FB0C9E-5BD6-4C06-9A77-DE20F444BB69
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Change Order with 360 Paving for 2024 Vail Overlay Project
SUGGESTED ACTION:Authorize the Town Manager to enter a change order agreement, in a
form authorize by the Town Attorney, with 360 Paving LLC to
complete the 2024 Vail Overlay project in an amount not to exceed
$117,012.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Overlay Change Order
35
To:Town Council
From:Public Works
Date:09/17/2024
Subject:2024 Vail Overlay Change Order
I.ITEM/TOPIC
2024 Vail Overlay Change Order
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to execute a change order with 360 Paving, LLC to
complete the 2024 Vail Overlay project.
III.BACKGROUND
Asphalt milling and overlay of Snowshoe Lane is to be included in the scope of work.
The resurfacing of Snowshoe Lane is to be completed with drainage improvement work
separately contracted. The asphalt resurfacing will complete improvements to
Snowshoe Lane and eliminate the need to have a second construction season
impacting the residents on Snowshoe Lane to resurface the roadway at a future date.
This change order is to include quantity overruns of asphalt placed due surface
irregularities. The existing pavement section of Spruce Way from Spruce Drive to
Columbine Drive and Columbine Drive from Bighorn Road to I-70 was less than 3”
depth. When milling the existing asphalt to a depth of 2”, large areas of the existing
asphalt broke loose to the roadbase depth requiring placement of additional asphalt
thickness in the planned 2” overlay to match existing elevations and provide a
consistent and smooth roadway surface.
Staff originally received 3 bids for the 2024 Vail Overlay project from $464,000.00 -
$540,000.00. No additional funding is being requested with this change order.
IV.STAFF RECOMMENDATION
Authorize the Town Manager to execute a change order, in a form approved by the
Town Attorney, with 360 Paving, LLC to complete the 2024 Vail Overlay project in the
amount not to exceed $117,012.00.
36
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:TJ Johnson, Information Technology
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award with AVI-SPL to Replace the Donovan Pavilion
Audio/Visual Systems
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with AVI-SPL to replace the Donovan
Pavilion audio/visual system, in an amount not to exceed
$125,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
AVI-SPL Donovan Pavilion Agreement
37
To: Vail Town Council
From: IT Department
Date: September 17, 2024
Subject: Donovan Pavilion AV Agreement with AVI-SPL
I. PURPOSE
Request that the Council approve entering into an agreement with AVI-SPL to replace
Audio/Visual (AV) equipment at Donovan Pavilion.
II. BACKGROUND
Donovan Pavilion is one of the Town’s premier locations for hosting events. It is regularly used
for community gatherings, and as described on the website, “is the perfect year-round resource
for weddings, receptions, board retreats, banquets, fundraisers and conferences.” As the world
has become more connected through technology, it’s important that we keep our facilities up-to-
date on all technologies to ensure we remain competitive and attractive to our customers.
III. DETAIL
The last AV review and upgrade was completed in 2018, and the system installed at that time
was supported by an outside company. It has been a good system and has performed well
through the advent of ‘hybrid’ events, which support in-person and remote participation.
However, the company that did the installation has since gone out of business, and the
hardware and software used are no longer supported by their respective providers. Town IT
personnel have been able to troubleshoot and resolve some issues, but others can only be
handled by working around the problem. This presents challenges for both our guests and the
Donovan Pavilion staff. A full replacement is the best solution to move forward and ensure that
the AV technology used at Donovan matches the premier quality of the facility. The anticipated
costs for this project are already included in the approved budget for this year – no additional
monies are being requested.
In assessing and planning this project, the IT department chose not to put it out as an RFP, but
rather to work with our known and trusted partner AVI-SPL. The IT department has worked with
AVI-SPL on other Town projects, including the revamp of AV in the Council Chambers, the
Grandview room, and a couple of smaller conference rooms. They have consistently provided
excellent pricing, timely support, and strong project management and implementation skills.
Further, the scope and scale of the project is large, and local AV vendors have indicated they do
not have the capacity to tackle work of this magnitude. Because of these past experiences with
AVI-SPL, as well as the limited availability of other nearby options, we are confident that using
them for this project is the right approach.
IV. ACTION REQUESTED OF COUNCIL
Direct the Town Manger to enter into an agreement, in a form approved by the Town Attorney,
with AVI-SPL, LLC to replace the town’s audio/visual systems at Donovan Pavilion for an
amount not to exceed $125,000.
38
AGENDA ITEM NO. 4.4
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Pete Wadden, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award to Wright Water Engineers for Completion of
Golf Course Vegetation and Riparian Enhancement Master Plan
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Wright Water Engineers for
completion of a Golf Course Vegetation and Riparian Enhancement
Master Plan, in an amount not to exceed $105,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
GolfCourse Contract TC Memo
Design of Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course Proposal - Wright
Water Engineers_Update
39
To: Town Council
From: Department of Environmental Sustainability
Date: September 3, 2024
Subject: Contract Award to Wright Water Engineers for Completion of Golf Course Riparian
Enhancement and Vegetation Master Plan
I. Purpose:
Staff seek approval from Council to enter into a contract with Wright Water Engineers
for the completion of a Golf Course Riparian Enhancement and Vegetation Master
Plan with a not to-exceed amount of $105,000.
II. Background:
As part of the effort to achieve Town Council's strategic goal of restoring aquatic
insect populations in Gore Creek and removing Gore Creek from the 303 (d) list of
impaired waterways by 2029, Town of Vail and Vail Recreation District plan to begin a
master planning process to identify and partially design enhancements to riparian
vegetation, floodplain restoration projects, and assess and modify landscape chemical
use patterns on the Vail Golf Course. The Environmental Sustainability Department
put out an RFP for firms to complete a study of riparian habitat, vegetation, chemical
use, and floodplain connectivity on the Vail Golf Course and recommend projects to
achieve those goals.
III. Funding
The master planning process is a collaboration between Town of Vail and Va il
Recreation District. Town of Vail budgeted $75,000 toward this project in 2024 and
VRD has contributed another $30,000.
IV. Action Requested of Town Council
Staff requests the Town Council to authorize the Town Manager to a contract with
Wright Water Engineers for the completion of a Golf Course Riparian Enhancement
and Vegetation Master Plan with a not to-exceed amount of $105,000.
40
Wright Water Engineers, Inc.
818 Colorado Avenue www.wrightwater.com
Glenwood Springs, Colorado 81602 e-mail:sschreiber@wrightwater.com
(970) 945-7755 TEL
(970) 945-9210 FAX
Design of Riparian, Floodplain, and
Pond Enhancements on the Vail Golf
Course
Town of Vail
Submitted by:
Wright Water Engineers, Inc.
Scott Schreiber, P.E., CFM
sschreiber@wrightwater.com
(970) 945-7755
DHM, GEI, Atkinson Design Group, SŌLitude Lake
Management, and Topographic
August 7, 2024
PROPOSAL
41
Wright Water Engineers, Inc.
818 Colorado Avenue www.wrightwater.com
Glenwood Springs, Colorado 81602 e-mail:sschreiber@wrightwater.com
(970) 945-7755 TEL
(970) 945-9210 FAX
August 7, 2024 – Updated August 26, 2024
Via Email: pwadden@vail.gov
Town of Vail
Environmental Sustainability Department
1309 Elkhorn Drive
Vail, CO 81657
Attn: Pete Wadden, Watershed Specialist
Re: Proposal to Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course for the Town
of Vail
Dear Mr. Wadden:
Wright Water Engineers, Inc. (WWE) is pleased to provide the Town of Vail (Town) with this proposal to design
riparian, floodplain, and pond enhancements on the Vail Golf Course for the Town of Vail. We look forward to
working with you to find win-win solutions to enhance the health and sustainability of the golf course and the
entire watershed. WWE has assembled a talented team that is targeted toward the precise services required to
achieve this goal effectively: WWE will address the overall creek hydraulics, hydrology, and geomorphology;
DHM will address revegetation; GEI will address aquatic habitat health; Atkinson Design Group will provide
expertise on golf course architecture; SŌLitude Lake Management will provide guidance on pond restoration
and maintenance; and Topographic will perform necessary survey work.
While this team is large, it consists of professionals who have successfully collaborated on many projects in
the past and work together seamlessly, which is required for a project that must balance the needs of the
environment, aesthetics, and playability of a golf course. And is likely most members will have smaller roles
during concept development and increase involvement in future phases. Our team members have overlapping
abilities and skills achieved via differing professional disciplines and perspectives. Integrating our findings
through these various lenses will facilitate a holistic, ecological design approach to golf course improvements.
We look forward to contributing to successful golf course restoration by being knowledgeable, responsive,
accountable, and adaptive.
You have worked with WWE before, and I hope you consider us well-qualified and attentive engineers who
understand the “big picture.” WWE has followed the development of the sustainability program at Vail since its
onset and is excited to work to enhance the fishery. I have worked on over 20 golf courses worldwide, managing
water resources to protect the environment. My master's thesis at Georgia Tech was on the Nutrient
Management from Golf Course and Athletic Field Runoff. I am a licensed engineer in Colorado and will be the
Project Manager responsible for this assignment. At the same time, Dr. Chris Olson, P.E., will serve as Senior
Advisor focused on water quality. WWE has previously supported the town with water rights, stormwater
management, water quality analysis, sampling and reporting, and scour analysis, along with supporting many
environmentally centric non-profits. Scott also supported the town through stream setback regulation
development as Chair of the Glenwood Springs River Commission.
Our team sincerely appreciates your consideration of this proposal and hopes to have the opportunity to work
with you on this project.
Sincerely,
WRIGHT WATER ENGINEERS, INC.
By _____________________________________
Scott D. Schreiber, P.E., CFM
Project Manager
42
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
i
Table of Contents
Statement of Qualifications .................................................................................................................. 1
The Team ......................................................................................................................................... 1
Project Manager and Personnel ........................................................................................................ 3
Relevant Work Experience .................................................................................................................... 7
Stone Creek Master Plan and Restoration (WWE, Atkinson, and SŌLitude) ......................................... 7
East Vail Stormwater Master Plan ..................................................................................................... 8
Three Mile Creek Restoration (WWE) ................................................................................................. 9
Beaver Dam Pond Design for Vail Pond Owner Association (WWE & SŌLitude) ................................. 10
Pre- and Post-Fire Evaluations (WWE) ............................................................................................. 10
Roaring Fork River Restoration (DHM) ............................................................................................. 11
Golf Course Experience (DHM) ....................................................................................................... 12
Boulder Country Club Boulder, Colorado Storm Water Mitigation, Holes #2 and #17 (Atkinson) ........ 13
Approach to Scope of Work ................................................................................................................. 14
Project Management ...................................................................................................................... 14
Assessment of Existing Conditions ................................................................................................. 15
50% Designs .................................................................................................................................. 23
References ......................................................................................................................................... 25
Project Cost ....................................................................................................................................... 26
Attachment A: Resumes
Attachment B: Rate Sheets
43
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
1
Statement of Qualifications
To improve the health of Gore Creek and its native riparian vegetation, Wright Water Engineers, Inc. (WWE)
proposes designing streambank, floodplain, and pond enhancements on the Vail Golf Course for the Town
of Vail. WWE has assembled a talented team that is targeted toward the precise services required to
achieve this goal effectively: WWE will address the overall creek hydraulics, hydrology, and
geomorphology; DHM will address revegetation; GEI will address aquatic habitat health; Atkinson Design
Group will provide expertise on golf course architecture; SŌLitude Lake Management will provide guidance
on pond restoration and maintenance; and Topographic will perform necessary survey work. The team we
have developed has a unique skill set from the engineering and revegetation aspects to golf course design
and pond management. We have incorporated all legs of the stool. Some of the team’s roles will evolve as
the project progresses and could be more important now or later in the design process. The firms possess
the precise expertise needed for this project along with peripheral skills that will help provide a “big
picture” perspective and allow for the proper integration of this project into the surrounding environment.
Our team has a great working relationship and has worked together seamlessly on several projects.
WWE will act as the main point of contact for the entire project team to provide efficiency.
The firm’s qualifications are summarized on the following pages, including descriptions of the personnel
assigned to this project.
The Team
Wright Water Engineers (WWE) is an employee-owned and operated, full-service water
resource, environmental, and civil engineering firm with offices in Glenwood Springs,
Denver, and Durango, Colorado. WWE was incorporated in 1961 and has a staff of
approximately 45 people who work as senior-level engineers, hydrologists, scientists,
biologists, chemists, geologists, and hydrogeologists. WWE is the premier water resource engineering firm
in the valley and has worked on numerous projects for the Town as well as other entities. WWE’s Stream
and Watershed Services team specializes in watershed health and stream restoration. They have worked
on numerous golf courses that interact with waterways. WWE combines detailed planning with excellent
customer service and project management in the field of water resources engineering. Areas of service
include stream restoration, floodplain, stormwater and drainage engineering, water rights, water and
wastewater system planning and design, wetlands, and water supply. Other project services provided by
WWE included designing and developing two diversion structures from the pond to downstream creeks,
providing fish food, and stocking fish, plus pre-and post-wildfire evaluations. WWE has approximately 150
current clients, including many municipalities. Additional information on WWE’s background, experience,
activities, and presentations can be found on WWE’s website: www.wrightwater.com.
DHM is a landscape architecture firm that designs places to balance human presence
with nature, honoring the enduring spirit of the land. Since DHM’s founding in Denver in
1975, the employee-owned Corporation has expanded with offices in Carbondale, Durango, and Bozeman.
DHM’s roster includes professionals in landscape architecture, natural resource management, land use
planning, graphic design, and visualization. DHM plans and designs recreational spaces, National Parks,
residential communities, resorts and hospitality, cultural landscapes, civic spaces, tribal lands, legacy
ranches, high-end residences and land trusts. The firm is especially proud that a considerable part of its
portfolio has been work for the National Park Service. This connection has instilled in DHM staff a deep
sensitivity to the necessary balance between protecting nature and revealing how it can be enjoyed.
44
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
2
GEI is an employee-owned firm established in Boston in the 1970s to provide
geotechnical engineering services. Since then, the company has grown organically to
include over 1,000 employees, some of whom live on the Western Slope. GEI offers a wide
array of services ranging from structural engineering to environmental remediation to
ecology; its ecology and engineering sections have over 30 years of experience and a passion for
developing innovative solutions for complex ecological issues. GEI’s work includes stream restoration/fish
passage, structural and geotechnical engineering in support of water resources projects, and
environmental permitting. GEI has performed extensive fishery/aquatics work in six U.S. states, with most
of this work occurring in Colorado. GEI excels at working on multidisciplinary teams and has a long-term
working relationship with WWE.
The Atkinson Design Group (Atkinson) is a golf course architecture firm based in
Morrison, Colorado. Formed in 2011, Atkinson’s planning process is based on nearly 30
years of experience with projects in multiple countries, ranging from new builds, historic
restorations, master plans, and major renovations. Atkinson is committed to
environmental stewardship, creative excellence, and financial success. The group has
won national awards from every major golf publication in the country, and Atkinson’s courses continue to
be listed on the “Best Places to Play” in their respective states. Atkinson has demonstrated innovation and
economic value by being a national leader in sustainable golf, including water and energy efficiency.
SŌLitude Lake Management (SŌLitude) is dedicated to providing clients with the
most complete and cost-effective solutions for the management of their lakes, ponds,
wetlands, and stormwater facilities. SŌLitude is a licensed pesticide company, and
its services are all performed by highly educated and trained biologists, ecologists, environmental
scientists, and aquatic resource specialists. SŌLitude’s goal is to restore and preserve ecological balance
while enhancing the natural beauty of aquatic ecosystems. Algae and lake weed control is significant to
the health and quality of any aquatic ecosystem. SŌLitude is a Steward of Water and SePRO Preferred
Applicator, and the company has participated in field trials and testing of many new herbicides and other
products used to treat aquatic weeds and algae. SŌLitude’s algae testing and monitoring also allows
identification and quantification of the presence of toxic algae that, if left untreated, could pose human
and animal health concerns.
Topographic has provided civil engineering, environmental, and land surveying services
for federal, state, local, and tribal governmental entities for more than 60 years. With
Topographic’s commitment to utilizing the latest technology and employee training, they can provide
innovative, efficient, and accurate services on all types of projects. Topographic is headquartered in Fort
Worth, Texas, and has six additional locations, including Colorado offices in Lafayette and Lakewood, and
has served the Rocky Mountain Region since 1989. The local offices are fully staffed with highly
experienced project managers, survey and scanning technicians, drafters, field crews, and other support
staff. Topographic strives to provide clients with the highest level of land surveying services in a timely and
cost-effective manner. With a commitment to utilizing the latest technology and employee training, the
team provides innovative, efficient, and accurate surveying services on all types of projects.
45
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
3
Project Manager and Personnel
WWE staff for this assignment will be Scott Schreiber, P.E., CFM, Dr. Chris Olson, P.E., Drake Ludwig, P.E.,
and Brianna Trotter, E.I. Scott, Drake, and Brianna are based in WWE’s Glenwood Springs office. Chris
Olson is based in Fort Collins. Our team is currently supporting many projects in the Vail area, which will
allow for efficient site visits and meetings on this project. Scott Schreiber will be available for meetings in
person or via conference calls as needed. Scott Schreiber, Chris Olson, and Drake Ludwig are all licensed
professional engineers in Colorado.
Figure 1 shows team organization. Brief biographies of the team members are provided after Figure 1, and
short resumes are included in Attachment A.
Figure 1. Team Organization Chart
Scott Schreiber, P.E., CFM (WWE) Scott Schreiber is WWE’s Executive Vice President
and lead for stream and watershed health at WWE. He is a senior water resources
engineer with 17 years of experience in water resource engineering planning and design
work. Scott has worked on over 20 golf courses across the world, managing their water
resources to protect the environment. His master's thesis at Georgia Tech was on the Nutrient
Management from Golf Course and Athletic Field Runoff. He just recently finished the third
major river restoration project for the EagleVail Metro District Golf Course along Stone Creek and has been
involved in multiple pond design and maintenance projects throughout the valley. He has a keen sense of
balancing the needs of the environment with the aesthetic and playability aspects of a golf course. He was the
project manager for the Town of Vail Stormwater Master Plan and Stormwater Quality Research, EagleVail
Pond Maintenance, WQ, and Expansion Design, Colorado River Ranch Recreational Fishing Lake Design,
Beaver Dam Pond Association Pond Maintenance Consulting, and Eagle River Diversion Structure Design.
Scott has also assisted clients with several successful applications for grant funding for their projects and
is a skilled coordinator of multi-faceted projects and teams. He is a board member or supporter of many
46
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
4
water-centric organizations across the state, such as the Colorado Water Conservation Board, Glenwood
Springs River Commission, and Trout Unlimited. Scott has worked for WWE for nine years and has
projected availability for the project duration of about 20% per month.
Dr. Chris Olson, P.E. (WWE) is a senior water resources engineer with two decades of
experience in hydrologic, hydraulic, and water quality modeling; life-cycle cost analysis;
stormwater best management practice (BMP)/low impact development (LID)/green
infrastructure (GI) design; and water resource planning. His stormwater management
expertise is widely recognized throughout Colorado through his pre-WWE work as the
Program Manager for the Colorado Stormwater Center at Colorado State University
(CSU), teaching courses on stormwater management for the Urban Watersheds Research Institute and
CSU and developing stormwater modeling/cost estimating software for the Mile High Flood District. Chris
has been the Senior Water Resources Engineer working on East Vail Water Quality Monitoring for the Town
of Vail. Chris is based in Fort Collins and has projected availability for the project duration of about 20%
per month.
Drake Ludwig, P.E. (WWE) is a water resources engineer with ten years of professional
experience in planning, modeling, and design. Drake will serve as the project engineer on
this project. He has worked on numerous watershed planning studies and drainage
design projects throughout Colorado, including the East Vail Stormwater Master Plan,
and several waterway design projects through golf multiple golf courses. He has also
worked on numerous river restoration and fish passage projects throughout the West
Slope, including multiple projects on Core Creek through the Town of Vail. Drake has completed multiple
projects involving geomorphic assessments and the design of natural in-stream structures, including
riffles, and step-pools. He has extensive experience in the design and construction of waterway crossings
and diversion structures. Drake has also completed floodplain evaluations and obtained the necessary
floodplain permits for his projects. His projected availability for the project duration is an average of 30%
per month, he has been with WWE for five years, and he works in WWE’s Glenwood Springs office.
Brianna Trotter, EI, (WWE) is a water resources engineer with three years of experience
who focuses on urban stormwater modeling, water quality analysis, nutrient transport
modeling, and agricultural conservation practice analysis. She will serve as a junior
engineer on the project. Brianna is proficient with SWMM software, HEC-HMS software,
ArcGIS software, Python Programming, JMP Software, and MODFLOW. She also has
experience in technical writing, multi-disciplinary communication, and water rights
engineering. Brianna has conducted special research on reducing nutrient runoff and leaching to water
sources from agricultural fields using conservation practices. She has worked for WWE for three years. Her
projected availability for the project duration is an average of 50% per month.
Jason Jaynes, PLA (DHM) is a Professional Landscape Architect (PLA) who boasts a
broadly diverse portfolio of work, including parks and trails planning, single-family and
private ranch planning and design, transportation facility and streetscape design,
affordable housing outreach and design, public process facilitation, and public agency
and land trust projects. Jason has been directly involved in numerous LEED Certified and
sustainably focused projects in the region. He believes that the components of
environmental stewardship, functionality, and human comfort are inextricable from the design process
and the ultimate, lasting quality of a built project. He is based in Carbondale and has projected availability
for the project duration of about 20% per month.
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Jeremy Allinson (DHM) is a natural resource programs manager with extensive
experience in environmental project planning; NEPA compliance; natural resource
investigations; aquatic and hydrological assessments; Impact assessment and analysis;
permitting compliance; restoration design; mitigation planning and construction
administration. His experience involves managing a wide range of planning and
development projects both in the public and private sectors across the Western U.S. and
Alaska. He works to find a balance between environmentally responsible development and protection of
natural resources. Jeremy is based in Montrose and his projected availability for the project duration is an
average of 30% per month.
Dr. Ashley Ficke (GEI) is a fisheries ecologist with 24 years of field and research
experience and an understanding of basic geomorphic and hydraulic principles. Much of
her graduate-level research and subsequent work has focused on integrating fish habitat
improvements (including fish passage) into water resources rehabilitation projects. She
has worked extensively with engineers to develop stream rehabilitation and fish passage
designs that are compatible with the biological and ecological needs of the native fish
community. She has performed fisheries work in seventeen U.S. states, with approximately 80% of that
work occurring in the Rocky Mountain Region. She is proficient in fisheries field sampling, technical writing,
and data analysis and has ten years of experience in stakeholder engagement. Ashley is based in
Phippsburg and her projected availability for the project duration is an average of 25% per month.
Kevin Atkinson, ASGCA (Atkinson) has his bachelor’s degree in architecture, is a
licensed landscape architect, and has been a golf course architect for 30 years. His skill
set in the golf industry covers all facets. Starting at the age of 15, Kevin worked in the back
room at a local country club and hasn’t left the industry since. He has worked in a pro
shop, on a golf course maintenance team, on a golf construction crew, and of course, as
a golf course architect. He is a member of the American Society of Golf Course Architects
(ASGCA) and has served on the education committee for the past five years. He has also worked on
projects with the past four presidents of the ASGCA. Kevin has overseen work that has been completed in
the United States, Mexico, Canada and Australia. Kevin is based in Morrison, Colorado, and his availability
averages 20% per month.
Scott Laffin, PLA (Atkinson) joined Atkinson in 2020 and is an integral part of the design
team. Scott manages the setup of projects from a technical side and is responsible for
many of the deliverables during the design process. He has a background as a licensed
landscape architect, as well as course construction and golf irrigation. Scott was elected
into the first ASGCA Tartan Program class in 2021. He is based in Cincinnati, Ohio, and
his availability averages 20% per month.
Austin Hogan (SŌLitude) is the Colorado field operations manager for SŌLitude Lake
Management. Austin has four years of experience in aquatic ecosystems development
and restoration, including fish production, aquatic plant management, and water quality.
The Colorado Department of Agriculture licenses him as a Qualified Supervisor and
Certified Operator to apply pesticides to aquatic ecosystems. He joined SŌLitude in June
2020, working in North Texas, where he was responsible for the growth and servicing of
current and new customers in the Dallas/Fort Worth Metroplex. After two and a half years in Texas, Austin
was promoted to his current role of field operations manager for SŌLitude’s Colorado office. He is based
in Wheat Ridge and has projected availability for the project duration of about 20% per month.
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Eric Purcell, PLS (Topographic), will serve as survey project manager on this project and
will be the liaison for survey-related, day-to-day communications between Topographic,
the Town of Vail, and WWE staff. He is supported by a team of field and office survey
professionals with decades of experience on similar projects. Eric has been a project
manager on numerous projects requiring the coordination of multi-discipline teams and
stakeholders. As issues are encountered, he will quickly update the project status with
all stakeholders and revise work plans as needed. His project oversight will include strict compliance with
company and client quality (QA/QC) and safety procedures throughout assigned teams, as well as
reviewing/approving the final delivery of survey products. His projected availability for the project duration
is an average of 30% per month. Eric has 11 years of experience, all spent working for Topographic. He
works in Topographic’s Lafayette office.
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Relevant Work Experience
Stone Creek Master Plan and Restoration (WWE, Atkinson, and
SŌLitude)
The EagleVail Metro District brought in WWE’s
Scott Schreiber to help restore over 2,000 linear
feet of three distinct reaches of Stone Creek, a
mountain stream nestled between an 18-hole
golf course and a residential community. Scott
initially worked with EagleVail to assess
priorities and create a project plan. Scott
developed a stream restoration Master Plan for
the development of a healthy, sustainable creek
with increased habitat and stable channel form
parameters while reducing the need for ongoing
maintenance through natural design
techniques. The Master Plan evaluated existing
site conditions and deficiencies and provided a
field survey to develop prioritization areas. The
Plan addressed variable impacts such as
diversions, floodplain reconnection,
homeowners’ access, and golf course
maintenance and playability. It also included a
toolbox of conceptual designs, grant funding
opportunities, and permitting requirements to
direct capital improvement projects in the
future. LOMR documents and construction
design documents were submitted for a bypass
floodway channel to remove multiple homes
and structures from the 100-year floodplain of Stone Creek through a Federal Emergency Management
Agency (FEMA) Flood Mitigation grant.
Phase One of the project was designed by Scott and Drake and completed in 2019. Priorities included
creating a single thread channel through aggrading and shallow ponds separated by fish barriers with
natural geomorphic and channel design elements. The intent was to increase water quality, reconnect the
floodplain, revegetate the area, improve fish passage, and remove man-made structures. Additionally, the
brown trout that reside in this stream will flourish with the creation of new pools for spawning as well as
the removal of the obstructions preventing them from reaching these areas before. A time-lapse video of
Phase One is available at:https://www.youtube.com/watch?v=eKaIpTd6bEw.
WWE recently completed construction for Phase Two, which developed a single-thread channel with riffle-
pool sequences through more ponds and fish barriers with habitat development, revegetation, and
floodplain connection. The riffle-pool system will provide a great opportunity for trout to thrive and spawn
throughout the creek while also increasing bug production and riparian health.
WWE worked with Atkinson to modify the golf course to address playability concerns. WWE has been
working with SŌLitude on the management of the many ponds throughout the EagleVail area with extreme
success due to aeration, fountains, biological alga control, and stocking.
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East Vail Stormwater Master Plan
Over a period of one year, WWE completed a
detailed hydrologic and hydraulic evaluation of
the significant drainageways in East Vail using
the EPA SWMM (model). Scott Schreiber and
Drake Ludwig designed this Stormwater Master
Plan to study, evaluate, and document East
Vail’s current stormwater infrastructure and
perform modeling of the 2-, 5-, 10-, 25-, 50- and
100-year storm events. These analyses
simultaneously accounted for rainfall and
snowmelt, the two processes that generate
runoff in the Town of Vail. Modeled subbasins were discretized to evaluate field-surveyed private driveways
and smaller culvert crossings, which comprise most of the drainage infrastructure, conveying local flows
through roadside swales before their outfall into Gore Creek. Rainfall, streamflow, and snow telemetry
gage data were utilized to calibrate and verify the model. Ultimately, WWE used these hydrologic and
hydraulic analyses to identify deficiencies, recommend improvements, and work with the Town to
prioritize drainage infrastructure upgrades in critical locations.
WWE is a national leader in GI and LID and used this expertise to make recommendations. Ultimately,
WWE will prepare construction plans, specifications, and costs for the necessary drainage upgrades
through a second phase. A goal of the East Vail Stormwater Master Plan is to support the Restore the Gore
action plan to provide a healthier, more resilient stream system. The ultimate goal of this project is to
develop a holistic, robust, and living documentation and mapping of the stormwater infrastructure,
hydrology, hydraulics, and deficiencies to help plan for future capital improvements. All data created has
been provided in spatially developed GIS databases that the Town can build upon in the future.
As a follow-on to the master plan, WWE’s Scott Schreiber and Chris Olson have worked with the Town of
Vail from 2020 to the present on several stormwater quality projects. WWE has assisted with setting up
automatic samplers at multiple locations to evaluate stormwater quality and the performance of various
stormwater control measures. As part of that work, WWE advised on the acquisition of samples at
specified intervals and amounts, developed, reviewed, and edited the water quality sampling report
needed for the grant, and provided lab coordination, equipment procurement, selection of monitoring
locations, sampler deployment, training, and monthly support.
WWE is also providing data analysis and quality control for Vail’s stormwater inlet control project. This
project involves installing over 200 stormwater inlet bins to capture sediment, trash/debris, and other
stormwater pollutants. WWE wrote the Sampling and Analysis Plan for the project and analyzed the data
collected by field staff to quantify the mass of pollutants removed.
Finally, WWE conducted a feasibility study for treating stormwater runoff generated in West Vail. WWE
computed runoff volumes, rates, and pollutant loads for the contributing area and evaluated the cost and
performance of various stormwater control measures.
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Three Mile Creek Restoration (WWE)
In 2019, WWE joined forces with Chinook
Landscape Architects and ecologists with
Ramboll Group to plan and design a more
sustainable and resilient community space at
the confluence of Three Mile Creek and Roaring
Fork River. The popular area is currently used
by a multitude of community members for a
wide variety of uses. The City of Glenwood
Springs required a holistic and resilient plan
that addresses current and future impacts
from the use of the area while providing
ecologically diverse and naturally sustainable
habitats, improved water quality, trail
connectivity, recreational access, and water
education.
The project team led community outreach
efforts (two public meetings and two surveys)
to determine the community’s most desired outcomes. WWE also collaborated with Colorado Parks and
Wildlife (CPW) to determine the most appropriate courses of action for this sensitive and environmentally
important area. This coordination had a special focus on the fish spawning and habitat values of the Three
Mile Creek Confluence area. Based on knowledge of river restoration hydrology, hydraulics, and design,
WWE used this input to develop final recommendations for the project site, including vegetation
management and design and construction cost estimates.
Maroon Creek Golf Course (WWE)
The Maroon Creek Golf Course covers 160
acres of prime Pitkin County land adjacent to
the city of Aspen, Colorado. The golf course is
a community landmark and was a high-profile
project for all partners concerned. Designing
with environmental sensitivity was the highest
priority. The Maroon Creek Golf Course is
located at the base of Buttermilk Mountain
alongside Maroon Creek. The design worked
around and integrated protections for sensitive
alpine meadow and wetland habitats.
WWE’s services included the planning, design,
and construction-phase engineering for
various natural and manmade staircase channels. Channels for this project were designed and
constructed to replicate natural streams. The channels were striking in their appearance and were well-
received by the community. WWE designed and supervised the construction of four reservoirs. These
reservoirs serve as storage for winter snowmaking efforts and provide water quality, wildlife, and
recreational benefits during the summer.
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Other services of WWE for the Maroon Creek Club in Aspen included complex hydraulic structures,
reservoir outlet works, open channel flow design and construction, storm drainage outfalls and detention
storage, hydraulic engineering, groundwater hydrology, recreational engineering, water rights engineering
and an integrated pest management plan for the golf course.
Beaver Dam Pond Design for Vail Pond Owner Association (WWE &
SŌLitude)
In 2019, WWE was brought in by a Vail homeowners'
association to provide overall ecological and biological
support for a half-acre private pond. The main goal of the
work was to enhance the pond's water quality, which was
degraded due to increased algal growth and nutrients, while
also providing additional habitat. The work included
coordinating with SŌLitude Lake Management to acquire
data to evaluate water quality routinely. Using this
information, WWE and SŌLitude developed an aeration and
biological control plan to address the algal and nutrient
fluxes and provide a healthy ecosystem for aquatic
organisms. WWE also developed conceptual wetland water
quality treatment areas to handle nutrient runoff from
receiving waters and developed riparian and wetland
enhancement plans for the pond.
Pre- and Post-Fire Evaluations (WWE)
WWE has more than 20 years of
experience with pre- and post-fire
watershed planning, restoration, and
recovery. This work has included
hazard assessments and
identification of Values at Risk (VARs);
risk analysis; identification of
mitigation measures and restoration
strategies to reduce risk; hydrologic,
hydraulic and debris flow modeling;
and creation of technical memoranda,
cost estimates for restoration
alternatives; and development and/or
review of plans for a variety of
watershed restoration and debris flow
mitigation measures.
WWE also assisted Colorado Water
Conservation Board (CWCB) staff and
technical consultants with a statewide
analysis to determine the
susceptibility of Colorado’s water
resources, communities, and critical infrastructure to post-wildfire impacts. This effort has resulted in new
mapping showing statewide post-wildfire susceptibility for life and property, water infrastructure, and
The image is an example of statewide post-wildfire
susceptibility mapping showing increased post-wildfire
debris flow hazard magnitudes across Colorado, with red
representing the greatest presence of both (1) hazards and
(2) values at risk.
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overall susceptibility. The Wildfire Ready website also provides interactive tools to determine post-wildfire
susceptibility using different variables and Statewide Susceptibility Mapping Fact Sheets. All this
information and more can be found at: wildfirereadywatersheds.com.
Roaring Fork River Restoration (DHM)
Over the course of three years, DHM worked with a multi-disciplinary team of engineers, hydrologists,
planners, and the Town of Basalt to plan, design, permit, and oversee the restoration of the Roaring Fork
River through an important reach within the community. The goals of this project included restoration of a
natural alignment of the Roaring Fork River, the restoration of an active and vital floodplain, the
establishment and restoration of diverse and native riparian habitat and vegetation, and the connectivity
of multiple raw water and ditch systems. DHM’s efforts extended beyond the river’s edge to the restoration
of side channels, critical fish spawning habitat, and the adjacent wetland system. Located within the heart
of downtown Basalt, the goal of this project was not only to restore the river systems and riparian systems,
but also to more closely integrate the river into the lives of the Basalt residents and visitors. DHM created
a passive recreation experience in these areas, allowing visitors to observe the wildlife supported by these
ecosystems. The team led significant federal, state, and local permitting for the project and completed all
the site planning, restoration design, and habitat planning. DHM conducted investigations into the
baseline conditions of the natural
resources and site which informed
the design and permitting approach.
A more active riverfront park and
event space is in the planning stage
and will include created elements
within the floodplain zone to be
designed and constructed to
withstand and recover from flood
events.
Ditch Created
Irrigation Plan
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Golf Course Experience (DHM)
DHM has worked on more than 20 golf course projects, including design and planning for nearby amenities
like Copper Mountain, Eagle Ranch, and Keystone. DHM’s extensive experience in golf course design
spans all aspects, from community planning and master planning to detailed clubhouse designs and resort
golf clubs. DHM considers critical factors such as natural landscape, topography, sustainability, and
integration with surrounding communities. This ensures their courses sit lightly on the land, preserving
natural features while enhancing playability and aesthetic appeal. DHM’s clubhouse designs focus on
creating welcoming, functional spaces that serve as the social and operational hub of the golf course. They
pay attention to architectural style, amenities, and seamless integration with both the course and
surrounding landscape. In community planning and resort golf clubs, DHM emphasizes connectivity,
accessibility, and the overall experience for residents and visitors. DHM designs foster community
engagement and provide high-quality recreational opportunities.
Throughout DHM’s projects, they blend traditional golf course aesthetics with innovative design principles,
ensuring our work meets the highest standards of excellence and sustainability. DHM’s approach
balances human presence with nature, honoring the spirit of the land and enhancing the overall golfing
experience.
Wetland Mitigation Plan
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EagleVail Golf Club (Atkinson)
Working for the EagleVail Metro District, Atkinson provided
guidance on stream relocation around Holes #6 and #11 at the
EagleVail Golf Club. Coordinating seamlessly with WWE, Atkinson
developed a plan to both improve the playability of the two golf
holes, as well as improving the course’s relationship to the
adjacent Stone Creek. These were both completed while
improving the overall health of the creek and preserving the
natural habitat around the golf corridor.
Boulder Country Club Boulder, Colorado Storm Water Mitigation, Holes
#2 and #17 (Atkinson)
Working with Course Superintendent Tim Palko, Atkinson
was brought in to help mitigate upstream flooding issues in
the neighborhood surrounding the Boulder Country Club.
The Atkinson team worked with local engineers to develop a
plan to store additional runoff from the neighborhood as well
as create/reroute and revegetate on-course creeks. The
Atkinson team redesigned the two holes to accommodate
the added storage and new creeks, creating a new, practical
set of golf holes
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Approach to Scope of Work
Our team is extremely excited about the opportunity to work with the Town of Vail on this project. We have
developed a robust team that is environmentally centric while also taking into account golf course
playability. We applaud the work the Town has done over the past 10+ years to bring Gore Creek back to its
glory days, which we all remember. We look forward to the opportunity to work with the Town to implement
the Gore Creek Strategic Action Plan. Our team has supported many golf-related projects and has learned
many lessons from those endeavors over the past 20+ years. We plan to work alongside the Sustainability
group as well as the recreation district to develop win-win solutions that not only provide ecological and
biological uplift to the creek but might provide an added facelift to the golf course. Creeks can enhance
golf courses if done correctly.
The following pages break out “tasks” as our team evaluated the RFP. These tasks are all very much
intertwined as our water resources and the environment are. The turning of one dial will affect others and
therefore must be evaluated holistic and will be, but the areas have been broken out as part of this proposal
process.
Project Management
Project manager Scott Schreiber is well-versed in project
management and looks forward to the opportunity to lead the
design team through this process. Scott is able to address
complex problems and convey technical information in a
manner all project participants can understand. Scott has led
projects ranging from simple ones with very limited budgets to
complex multi-team endeavors. Scott enjoys his profession and
strives to create a positive atmosphere on all his projects. Scott
has been involved with and led many leadership training classes
across the state.
Scott will lead all correspondence and meetings between the
consultants and the Town. He will be available through face-to-
face meetings, online meeting platforms, and phone calls. Due
to Scott's proximity to the Vail area and overall devotion to our area's water resources, they will be available
for various meetings along with public education and outreach that might be necessary. Scott will leverage
the other resources at his fingertips as needed to provide responses to the Town. He will also utilize his
administrative assistant as much as possible to provide overall savings on the project.
The budget agreed upon by WWE and the Town will be adhered to throughout the project. It is understood
that unknown issues will arise, and Scott will work with the Town to address those issues on a project
management level as efficiently as possible. Scott will also ensure that the schedule developed is adhered
to and that any modifications are presented to the Town.
Scott will initiate the project with a kick-off meeting. Prior to the kick-off meeting, Scott will look for
opportunities to hit the ground running. This will include reviewing available data and developing
background mapping so that the kick-off meeting can be efficient and fruitful. Due to our previous
experience in the area, we have a great working relationship with many Vail staff, have already developed
drone aerials of the project area, and have evaluated the readily available topographic data to develop a
Relative Elevation Model to understand floodplain connectivity issues and opportunities.
Figure 1. Very Straight Section of
Gore Creek
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Coordination meetings will be held monthly or more frequently as necessary throughout the design
process. Scott will have an open line of communication with the Town staff as needed. During the project,
continual coordination and communication will take place so the Town staff can become as immersed in
the study as they would like to be and can provide feedback on the approach.
As part of this initial step WWE along with DHM and Atkinson will be available for stakeholder engagement.
This initial stakeholder engagement will allow us to introduce the project to a select group of stakeholders
so that they understand the intent and goals of the project. This will also allow us to gain feedback from the
stakeholders on the project, but also provide an opportunity to educate the stakeholders on why a certain
approach might be followed or measure emplaced. Our team will provide mapping and boards for markup
as part of this initial engagement process. We understand future stakeholder engagement will also be
completed under future phases to then present our findings and ultimately concepts to enhance the golf
course as well as Gore Creek.
Assessment of Existing Conditions
At the onset of the project, our team will compile all readily
available information. This includes an in-depth review of the Gore
Strategic Action Plan, Vail Native Planting Guide, and Vail Guide
for Landscape Architects. We have already compiled readily
available hydrology and hydraulic data, including floodplain
information and digital elevation models. We have also toured the
problem areas noted in the RFP and developed drone aerials of the
areas. This information will be reviewed in depth prior to meeting
with the town and other stakeholders to familiarize ourselves
better with the project. We then welcome a robust kick-off
meeting with all our team and all the Town of Vail stakeholders,
including the Sustainability Group and Engineering and
Recreation District, to name a few. The goal is to gather as much
information as possible to develop a robust understanding of the current conditions of the creek.
As part of this assessment of existing conditions, a two-dimensional hydraulic model will be developed for
the creek through the golf course. This model will be developed from readily available LiDAR data and
supplemented with surveys where needed to provide a more realistic understanding of the creek’s
hydraulics. As mentioned, a Relative Elevation Model has already been developed that can be utilized to
understand floodplain connectivity. This information, along with the hydraulic model, can help us better
understand the fluvial constraints and hazards of the system. Our team has also downloaded historical
Figure 2. Relative Elevation Model
Figure 3. Bank Erosion Along Hole 11
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aerial imagery of the golf course area prior to development to better understand the pre-existing
conditions.
Our team will also complete an in-depth site walk of the entire reach of Gore Creek through the golf course
and up and downstream of the golf course in search of reference reach areas. We will also evaluate
previous restoration projects to understand lessons learned. It would be great to perform a site visit to the
creek at various times of the year to better understand hydraulics and vegetation. These site visits will allow
us to understand the problem areas better and what is working. We will perform the site visits with GPS-
enabled tablets to document conditions ranging from bank erosion to types of vegetation and golf course
constraints.
As part of the kick-off for this project WWE will evaluate various hydrologic data points along Gore Creek
to determine low flow, bankfull and floodplain hydrology. This information will be used for any hydraulic
modeling completed for design or floodplain permitting. This could include an evaluation of historical gage
records and performing a Bulletin 17B analysis to evaluate flows on a recurrence interval as well as daily
basis. Utilizing field data such as bankfull indicators and high water marks will also be evaluated in the
field. The FEMA hydrologic data will also be used as part of this process.
During this assessment phase WWE will work with Atkinson to understand previous master planning
documents developed and how those relate to the current status of the golf course. Atkinson will also help
to provide constraints and criteria of the existing golf course as it relates to the inter-relations of course
and creek.
Bank Stabilization
Our team understands that bank erosion and the stabilization of the
banks are key concerns of the towns, especially along the 11th
fairway. From our site visit and the photo included, it can be seen
the banks are steep and in poor condition, with rocky soils and
minimal vegetation. The 11th fairway is located on the outside of the
bend with limited floodplain connectivity to reduce erosive
velocities during high flows. Then, the bank is elevated above the
base flow and, therefore, does not receive inundation throughout
the majority of the year. There are other areas along the golf course
that also experience bank erosion and lack of vegetation. The
concepts developed for bank stabilization and vegetation
enhancement can be utilized at many locations along the creek.
Figure 4. 1956 Aerial of Gore Creek
Figure 5. Eroded Bank Along Hole 7
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Bank stabilization can come in many forms depending on its
intent. The first criterion that must be understood is whether the
creek is allowed to shift/move or not. In areas with extensive
floodplains and limited infrastructure, bank stabilization should
be developed to allow the creek to morph, avulse, and change
locations. In a situation like Gore Creek through a golf course,
the ability to allow the creek to move might not be an option,
and therefore, the bank stabilization measures developed must
be resilient and holistic but also constructed in a way to sort of
“lock the creek” in place. This type of bank stabilization can be
the hardest to implement, but we have proven time and time
again that this can be completed.
The goal is to provide soft bank stabilization measures (bioengineering) utilizing vegetation that is resilient
and can ‘bounce’ back but then supplement it with harder measures such as cobble and boulders in other
areas, typically in areas where the intent is to limit the creek movement we like to address bank
stabilization in a layered technique. We want to provide the aesthetics and biological uplift of vegetative
bank stabilization, as well as the structural integrity of buried boulders. Bank stabilization in these areas
will include the use of native vegetation with biodegradable blankets as necessary.
In areas where bank stabilization must be achieved, we will
look at protecting as is, in place, and then what opportunities
there might be to establish a terraced channel section with re-
connected floodplain and banks with reduced slope. If the
slopes are too steep, then we must find ‘room’ to lay slopes
back or step up grade. There also could be options to encroach
into the creek a bit to build the terrace and provide additional
space. This also could be advantageous to increase overall
channel depth and reduce width to depth ratio to provide
additional cover and depth during low flow conditions,
especially with climate change conditions. Utilization of
stepped koir blankets could also be an option. To not leave any
alternative un-evaluated more structural measures such as
boulders in combination with geotextiles and turf
reinforcement could be utilized that allows soil and stream
substrate medium to be placed within ‘cells’ and then
revegetated, but elements are plastic and designed not to biodegrade.
Our team will use the two-dimensional modeling to evaluate existing and proposed erosive velocities to
design the proposed bank stabilization method. It will also be key to develop an adaptive management plan
to evaluate the stabilization methods over a period of time and adjust as we need. The use of the golf course
as temporary irrigation for vegetation establishment will also be useful.
Our team will work with Atkinson to understand how various bank stabilization measures could affect,
enhance the golf course playability, while also providing ecological uplift for the creek.
Figure 6. Soft Bank Stabilization with
Boulder Toe
Figure 7. Koir-Blanket Lifts (Eubanks
and Meadows 2002)
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Increase Floodplain Connectivity but Reduce Flooding
The idea to increase floodplain connectivity and reduce floodplain is where our team excels. We
understand the importance of inundating native wetlands and riparian corridors to provide ecological uplift
but can also balance that with the recreational needs of a golf course to reduce flooding. Utilization of the
two-dimensional hydraulic model and relative elevation model
will be key to this being successfully evaluated and implemented.
Understanding what areas can easily be reconnected with
minimal grading will help prioritize work. These areas where the
floodplain is lowered can also still be incorporated into golf play if
requested. Utilizing hydrology evaluated and the hydraulic models
our team will develop an effective terraced channel cross-section
to understand low flows and bankfull flows to help size the optimal
channel configuration, but also at what flow rate and what time of
year that flow is prevalent to help size these features.
Utilizing the two-dimensional modeling, along with interviews of
golf course staff we will look to understand what areas are
flooding hazards and how those effects can be alleviated. We will also work with Atkinson to understand
how modifications might affect the playability. As part of holistic stream restoration, the intent is to re-
connect floodplains and we might find that reconnection of the floodplain inundates the golf course,
therefore an iterative approach will be established. It might be that certain areas of the golf course could
be elevated and then an optimal terraced channel with inset floodplain could be developed to have the
best of both worlds.
As seen in the picture in this section the green area of Hole 7 is relatively close to even base flow conditions.
In this situation we might be able to open up the lower terrace of the channel to provide additional capacity
and then ‘step-up’ to the golf course.
Consider Opportunities to Adjust the Alignment of Creek
As part of the proposal development process, WWE has evaluated the historical aerials of the project area
to understand where Gore Creek was prior to golf course development and I-70. As part of I-70
construction and the development of the golf course, the creek was re-aligned. The creek is quite sinuous
in the upstream portions of the golf course but was straightened and aligned again with I-70 and the
frontage road for a long extent. As part of this project, we will look for opportunities to realign the creek, but
realignment of the creek must account for golf course playability and existing infrastructure. We will work
with the Town to develop alignments that work with existing infrastructure but also develop “perfect”
scenarios where existing infrastructure and the golf course are not a criterion. We understand that
modification to the existing golf course and the infrastructure will increase costs, but understanding what
could be done as a comparison for alternatives is necessary.
This process will be done in concert with the golf course architects on our team but also with the golf
course staff with the Town. We look forward to developing multiple scenarios to realign the creek that not
only benefits the creek, but potentially includes the creek as more of an element of the playability as well
as the aesthetics.
Figure 8. Flooding Along Hole 7
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
19
It is critical to ensure that any re-alignment of the creek is an enhancement and does not negatively affect
the playability of the course. The proper selection of vegetation related to sight lines on the course should
not obstruct any clear views of the golfer's intended line of play. This will help to maintain pace of play, as
well as promoting the safety of all golfers on the course. In addition to the vegetation selection, the golf
architecture team will provide input as to maintaining a fair routing of the golf course for all levels of skill.
We will also study each hole's safety corridor and ensure that the proper width is still available for each
type of golf shot, from tee to green.
Enhance Riparian Vegetation
Healthy riparian vegetation can improve water quality, stabilize erosive banks, and provide critical habitat
for terrestrial and aquatic species alike. Vegetated buffers slow the speed of runoff as it moves across the
landscape. This effect, in turn, increases infiltration to the subsurface soil and promotes chemical
transformation or biological uptake of pollutants that would otherwise find their way to the stream. Healthy
riparian communities also physically stabilize streambanks and reduce the damaging effects that flood
events may have on aquatic habitat. Once vegetated buffers are removed or altered, aquatic life damaging
pollutants like sediment, nutrients, pesticides, and fertilizers can more easily and quickly reach the
stream, the quality of food sources for aquatic ecosystems degrades, and the water-cooling shade and
habitat complexity are lost.
Figure 9. Before and After Realignment
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
20
The current riparian vegetation
along Gore Creek and the ponds
within the project reach varies in
ecological health and function.
There are high functioning areas
with good species and structural
diversity and areas that are low
functioning with high densities of
noxious and nuisance vegetation
or void of vegetation entirely. Our
project approach to riparian
vegetation enhancement would
include a comprehensive
assessment to evaluate existing
function and health of riparian
vegetation and identify
opportunities and constraints
for vegetation interventions
including enhancement (willow/emergent wetland treatments, noxious vegetation control), creation (new
plantings, wetland benching) and preservation of high-quality existing vegetation. We will evaluate
recommended interventions as a team to assure that vegetation enhancement recommendations will
align with the overall project goals of resiliency, work within the golf course setting and take into
consideration future maintenance and management.
Fisheries Enhancement
From a fisheries standpoint, the goal of this project would be to maximize improvements to aquatic habitat
while minimizing impacts to the quality of play on the golf course. Once limiting factors to habitat quality
are identified, recommendations for lessening or removing them will be developed. In close coordination
with the remainder of the team, these recommendations will be incorporated into conceptual alternatives
that will not reduce the quality of the course. The aquatic habitat improvements associated with each
conceptual design alternative will be evaluated, and the fisheries benefits will be used to help rank
conceptual alternatives in terms of how well they meet all the project goals. Once a concept is selected
Figure 11. Example of Revegetation and Floodplain Connection at Stone Creek
Figure 10. Example for Floodplain Reconnection and Revegetation
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
21
for advancement to final design, specifications for aquatic habitat improvement will be provided to the
hydraulics team for incorporation into design.
Our team typically works in an iterative or stepwise fashion to create a design that meets the needs of the
aquatic biological community. Habitat and fish passage specifications are synthesized and used to create
an initial design and a 2D hydraulic model. The 2D hydraulic models developed for existing and proposed
conditions in Gore Creek would then be evaluated for fish habitat suitability, to show the predicted
fisheries improvements associated with the project. Preferred depth-velocity combinations are well-
documented for trout and have been incorporated into Habitat Suitability Curves. Because 2D hydraulic
model outputs include depth and velocity for each “cell” in the model, each individual cell in the model
can be rated for its suitability. The sum of suitable cells provides a total area of suitable habitat in a given
design, and the location of these cells can be clearly shown as model output so that the spatial
arrangement of suitable habitat can be clearly seen. These powerful analyses allow the validation of
fisheries uplift for a design prior to construction.
Reduce Algae Growth in Ponds
Our team includes pond health specialist Solitude to help with algae concerns at ponds throughout the
golf course. In order to protect the ponds from algae growth various steps can be completed to manage
nutrient runoff, increase aeration to pond, increase flow through of the ponds, biological treatments, and
‘tinting’ to reduce UV light penetration. Options to increase the depths of the ponds will also be evaluated
to reduce algae growth. Incorporation of wetland areas could also be employed to provide a water quality
mechanism that uptake nutrients from the pond at a single area that can be better maintained.
To monitor the current state of the water quality health, water
quality testing is recommended to gather baseline data on the
following parameters: phosphorus, including total phosphorus
(TP) and free reactive phosphorus (FRP); nitrogen including
total nitrogen, nitrates, and nitrites; chlorophyll a, conductivity;
pH; alkalinity; hardness; turbidity; and total suspended solids
(TSS). Based on the nutrient data in the water quality results,
we can determine if there are elevated levels of nitrogen and
phosphorus. If that is the case, it is highly recommended that
the implementation of a nutrient remediation program is
considered to inactivate the excess nitrogen and phosphorus.
Phosphorus and nitrogen are the food sources and building
blocks for algae and aquatic vegetation. The erosion of soil particles from steep slopes, disturbed ground,
and streambeds is the primary source of phosphorus in aquatic ecosystems. Surface runoff containing
orthophosphates from fertilizers and decaying organic matter will also contribute to biologically available
phosphorus enrichment. Algae and plankton, in moderation, serve as a great source of food for aquatic
life, while suspended soil particles and detritus materials can clog fish gills and impair respiration, smother
spawning areas, negatively affect egg and larval development, and reduce growth rates in fish. Since high
turbidity attenuates light, photosynthesis and dissolved oxygen production may be dangerously reduced.
To maintain the aquatic vegetation in and around the pond, an initial reset will be recommended to knock
down the overgrowth and get the vegetation density to a manageable level. This will be accomplished using
selective treatments focusing only on the nuisance species deemed to be of too high a density for the
ecosystem to function properly. In all applications, we prioritize fish and human health by using the safest
Environmental Protection Agency (EPA)-registered products for the specific vegetation species and only
Figure 12. Algae Growth in Ponds
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
22
treating one-quarter to one-third of the pond volume per application. Maintenance and slow reduction of
the organic material on the pond bottom can be achieved by utilizing beneficial bacteria products. These
beneficial bacteria are probiotics that saturate the sediment layer with rare earth stimulants and a broad
spectrum of natural bacterial cultures. This establishes a healthy microbiota at the water-to-sediment
interface that accelerates the digestion of organic matter.
In addition to promoting beneficial bacteria, aeration is a vital part of water quality management in closed
systems. When done properly, the addition of an aeration
system will ensure thorough mixing of the water column,
maintaining consistent temperatures and levels of dissolved
oxygen throughout. This is important to prevent the
development of a thermocline during the hot summer months,
which can lead to the increased likelihood of a fish kill in the
event of a significant rain event. In addition to these benefits,
aeration is also helpful in the management of algae and
nuisance vegetation. Algae and nuisance vegetation thrive in
stagnant water, and implementing an aeration system will
reduce the ability of vegetation to take hold or for algae to
thrive.
Reduce Fuel/Dead Vegetation
We understand that susceptibility of our mountain watersheds to fire hazards and risks. Mitigation of these
risks can take many forms, but vegetation management is key. Our approach to vegetation management
will not only look for opportunities to enhance the native riparian communities, but also manage vegetation
through the site to minimize wildfire fuels. Our team has been involved in many of the Watershed Ready
Action Plans evaluating areas under pre-fire scenarios and susceptibility of these areas. As part of our
initial assessment of existing conditions we will not areas of fuel for removal and potentially even
incorporation into stream bank stabilization measures.
Reduce Impacts of Landscape Chemicals
To maintain the golf course, fertilizers, and nutrients are typically added. Scott’s thesis for his master’s
degree was to evaluate managing nutrient runoff from golf courses and athletic fields. He determined that
creeks and golf courses can live in harmony. He was able to implement his work on many of the golf
courses he has worked on throughout the world. The approaches to managing chemicals being applied to
golf courses are multi-faceted, and there is no ‘one-fits-all solution.’ Utilizing a combination of fertilizer
and chemical management along with environmental best management practices is paramount. It should
also be understood that these chemicals affect not only the creeks but also the ponds. Therefore,
treatment options for the ponds and the creek will be evaluated. Our team appreciates the “Buffer – 3 Zone
Framework” outlined in the Restore the Gore plan.
Figure 13. Utilization of Fountain and
Aeration in EagleVail Pond
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
23
At the onset of the project,
our team will meet with the
golf course superintendent
to better understand the
chemical application
process currently being
completed. It is important
to understand what
chemicals are being
applied, when, and at what
rate. We will work with the
superintendent to evaluate
the chemicals being used to
see if there are more
environmentally conscious fertilizers that can be applied. We will
leverage our resources of agronomists and other golf course
superintendents to understand what they are doing and what works.
We will also coordinate calls with industry leaders such as Scott Turf
Grass to look for more sustainable solutions. It is key to balance the
needs of the golf course with the waterways so as not to apply more
chemicals than what is needed. We can also work with staff to ensure
they are properly trained on fertilizer applications. Working with
Atkinson will be key to this.
Once the chemicals being applied are better understood, we will look
for opportunities to treat the runoff, leaving these treated areas
through various best management practices. One of the best
practices that can be implemented is buffers with healthy riparian
corridors that can utilize the extra nutrients before entering the
waterways. Specific plant palettes can be produced to provide better
uptake of those chemicals while also providing ecological uplift to the
system.
50% Designs
As part of this process one of the ultimate outcomes will be the
development of 50% designs. This work will include the development of a plan, profile and detailed views
of measures to be developed along Gore Creek, especially in priority areas. A big component of this will be
to develop the most optimal cross section of Gore Creek based on hydrology, hydraulics, geomorphology
and the golf course.
WWE will use LiDAR provided supplemented with ground survey by our team where needed to develop a
corridor grading plan for Gore Creek. This template will be used to understand the impacts of proposed
grading and bank stabilization measures. As part of the 50% design package, we will develop a series of
various bank stabilization measures that can be used holistically through the entire alignment. The intent
to provide multiple bank stabilization options is to provide biodiversity but also adaptively manage the
measures and evaluate what works best. The designs will also be developed in a way that they can be
constructed together or separately over time.
Also, as part of the design will be a basis of design report that includes various narratives to address
concerns that cannot be included directly in a plan set such as nutrient management, fuels reduction and
Figure 14. Example of Vegetative
Buffer
• Schedule fertilizer
applications to avoid
rainstorms
• Do not apply fertilizer on
dormant turf or too early or
late in the growing season
• Apply phosphorous-
containing fertilizers in
small amounts based on
soil-test recommendations
• Use controlled-release
products to potentially
reduce nitrogen leaching
and runoff
• Establish turfgrass to
attain lower fertilization
requirements
• Use vegetative buffer
strips around surface water
• Use constructed wetlands
or filters to remove
nutrients from runoff or
drainage water
Seven Practices to
Reduce Nutrient Runoff
from Golf Courses
(U.S. Golf Association)
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
24
algae control. The report will also include areas where public education can take place to inform golfers of
the projects and the effort the town is making to revitalize this section of Gore Creek.
Grant Support
Our team also prides itself on the ability to navigate and apply for grants to support this work and we look
forward to the opportunity to support the town with these efforts. IF as part of the project an additional
budget still remains, we will look for opportunities to use this budget for a grant match.
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
25
References
Three references for each firm on our team are provided in Table 1.
Table 1. Team Member References
Firm Reference #1 Reference #2 Reference #3
WWE EagleVail Metro District
Steve Barber
District Manager
(970) 790-1219
sbarber@eaglevail.org
Town of Vail
Chad Salli, P.E., Project
Engineer
(970) 479-2169
csalli@vail.gov.com
Town of Glenwood Springs
Ryan Johnson,
Engineer
(970) 925-1936
ryan.gordon@cogs.us
DHM Town of Basalt
Trevor LaLonde, Parks and
Irrigation Technician
(970) 279-439
trevor.lalonde@basalt.net
Town of Carbondale
Eric Brendlinger,
Carbondale Parks Director
(970) 963-2733
ebrendlinger@carbondale
co.net
Roaring Fork Conservancy
Heather Tattersall Lewin,
Director of Watershed
Science & Policy
(970) 927-1290
heather@roaringfork.
org
GEI Grand County Learning by
Doing Kayli Foulk,
Water Quality Specialist
(970) 725-3750
kfoulk@co.grand.co.
us
City of Steamboat Springs
Julie Baxter,
Water Resources Manager
(970) 871-8267
jbaxter@steamboatspring
s.net
Trout Unlimited Richard
van Gytenbeek,
Colorado River Basin
Outreach Coordinator
(307) 690-1267
Richard.Gytenbeek@
tu.org
Atkinson EagleVail Metro District
Steve Barber
District Manager
(970) 790-1219
sbarber@eaglevail.org
The Club at Ravenna
Steve Datwyler
Course Superintendent
(303) 898-1504
sdatwyler@ravenna
golf.com
The Club at Rolling Hills
Aaron Fankhauser
Course Superintendent
(303) 810-7540
afankhauser@theclubatrol
linghills.org
SŌLitude Wendy R. St. Charles PC
(303) 947-4514
wstcharles@icloud.
com
EagleVail Metropolitan
District
Brent Barnum,
Superintendent of Golf
Course & Parks,
bbarnum@eaglevail.org
(970) 688-0818
Eagle Ranch Golf Course
Derek Rose,
Superintendent,
drose@eagleranchgolf.co
m
(970) 977-0103
Topographic Muller Engineering
Company (Prime)
John Yager,
Sr. Project Manager (303)
988-4939
jyager@mullereng.
com
OTAK Engineering (Prime)
Tracy Emmanuel, Manager
(303) 444-2073
Tracy.Emmanuel@OTAK.c
om
Valerian LLC (Prime)
Cassie Kaslon, Principal
(303) 865-4918
Cassie@valerianllc.
com
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Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
26
Project Cost
Our fee proposal to design the riparian, floodplain, and pond enhancements is provided as Table 2. This
fee proposal is based on WWE’s understanding of the data available, and the work required. This fee
proposal can be adjusted to remove undesired work components or to accommodate additional tasks.
The budget of approximately $105,000 was used for understanding the level of effort required. This budget
could be adjusted or modified based on coordination with the town.
69
Design Riparian, Floodplain, and Pond Enhancements on the Vail Golf Course
27
Table 2. Fee Proposal
GEI Solitude Topographic
S. Schreiber C. Olson D. Ludwig B Trotter J. Allinson K. Atkinson A. Ficke A. Hogan E.Purcell
Project Manager Senior Engineer Project Engineer Project Engineer Ecologist Golf Course
Design Fishery Ecologist Pond Management Survey
$250 $225 $185 $142 $150 $150 $150 $150 $150
Task 1 Project Management 16 0 8 0 20 14 4 4 2 $12,740
Project Management 6 4 4 2 2 2 $3,810
Internal Meetings 4 8 8 2 2 2 $4,790
Initial Stakeholder Engagement 6 8 8 $4,140
Task 2 Assessment of Existing Conditions 5 16 8 16 8 8 0 4 30 $16,852
Site Visit 4 8 8 8 8 4 $7,580
Hydrology 8 4 $2,368
Hydraulics 12 $1,704
Survey 1 30 $5,200
Task 3 Bank Stabilization Concepts 5 8 40 20 16 4 0 0 0 $16,590
Concept Development 5 8 40 20 16 4 $16,590
Task 4 Floodplain Reconnection 12 8 40 20 16 4 0 0 0 $18,340
Concept Development 12 8 40 20 16 4 $18,340
Task 5 Alignment of Creek 6 0 8 1 0 16 0 0 0 $5,762
Alignment of Creek 6 8 1 16 $5,762
Task 6 Algae Growth in Pond 4 0 0 0 0 0 0 24 0 $4,960
Algae Growth in Pond 4 24 $4,960
Task 7 Reduce Impacts of Landscape Chemicals 4 0 0 0 16 8 0 4 0 $5,620
Reduce Impacts of Landscape Chemicals 4 16 8 4 $5,620
Task 8 50% Designs 12 0 40 80 0 14 0 0 0 $24,070
50% Designs 12 40 80 14 $24,070
64 32 144 137 76 68 4 36 32 593
$16,000 $7,200 $26,640 $19,454 $11,400 $10,200 $600 $5,400 $4,800 $104,934
Design Riparian, Floodplain, and Pond
Enhancements on the Vail Golf Course Subtotal Costs
Hour Subtotals
Labor Subtotals
WWE DHM Atkinson
70
71
DENVER GLENWOOD SPRINGS DURANGO
2490 W. 26th Ave., Ste. 100A 818 Colorado Ave., Ste 307 1666 N. Main Ave., Ste. C Denver, CO 80211 Glenwood Springs, CO 81601 Durango, CO 81301 Phone: 303.480.1700 Phone: 970.945.7755 Phone: 970.259.7411 Fax: 303.480.1020 Fax: 970.9458.9210 Fax: 970.259.8758
Wright Water Engineers, Inc. www.wrightwater.com
Wright Water Engineers has captured videos of some of our projects. Below please find links
to two videos of fish passage construcƟon and a river restoraƟon project, and a few others
that might be of interest.
Please click on the image and the video will start.
King Heatherly Fish Passage Canyon Creek Fish Passage
Stone Creek RestoraƟon, Phase I
WWE’s 60 Years of Sustainable SoluƟons
April—Low Head Dam
Public Safety Awareness Month
2D Hydraulic Modeling in HEC-RAS —
Informal WWE Webinar
Our Projects on YouTube
72
Wright Water Engineers, Inc. www.wrightwater.com
If the link in the image doesn’t work, here are the YouTube sites:
Canyon Creek Fish Passage:
hƩps://www.youtube.com/watch?v=PxynHvflZmA
King Heatherly Fish Passage:
hƩps://www.youtube.com/watch?v=kd1TARohx0s
2D Hydraulic Modeling in HEC-RAS —Informal WWE Webinar:
hƩps://www.youtube.com/watch?v=C1Z3r3C5Hwg
Stone Creek RestoraƟon, Phase I
hƩps://www.youtube.com/watch?v=eKaIpTd6bEw
WWE’s 60 Years of Sustainable SoluƟons
hƩps://www.youtube.com/watch?v=IJLGyiLjmTQ
April—Low Head Dam Public Safety Awareness Month
hƩps://www.youtube.com/watch?v=BVwmNuelOnY
DENVER GLENWOOD SPRINGS DURANGO
2490 W. 26th Ave., Ste. 100A 818 Colorado Ave., Ste 307 1666 N. Main Ave., Ste. C Denver, CO 80211 Glenwood Springs, CO 81601 Durango, CO 81301 Phone: 303.480.1700 Phone: 970.945.7755 Phone: 970.259.7411 Fax: 303.480.1020 Fax: 970.9458.9210 Fax: 970.259.8758
73
ATTACHMENT A
Resumes
74
Scott D. Schreiber, P.E., CFM
Project Manager
August 2024 Page 1 of 2
Experience Overview
Scott is WWE’s Executive Vice President with 17 years of experience in hydrology
and hydraulics; watershed health; stream restoration; pond, channel, and outlet
design; mud and debris analysis, stormwater management design, floodplains;
Clean Water Act permitting; trail design; corridor planning studies; land
development; groundwater studies; athletic field design; LID and LEED designs;
and drainage infrastructure design. He is experienced in the preservation and
development of fish habitat and spawning areas through low-disturbance design.
Scott is proficient with HEC-RAS, SWMM, Civil 3D, RiverCAD, StormCAD, CUHP,
and HY-8.
Ponds/Hydrology & Hydraulics/Watershed Health
EagleVail Golf Club Stone Creek Master Plan. As the project
manager, performed a stream restoration master plan on a 1.6-mile
stretch of Stone Creek for development of a healthy, sustainable
creek with increased habitat and stable channel form parameters,
using natural design techniques to reduce the need for ongoing
maintenance. The master plan evaluated existing site conditions and
deficiencies and provided a field survey to develop prioritization
areas. The plan addressed variable impacts to diversions,
homeowners, golf course maintenance, and other considerations.
The plan included a tool box of conceptual designs, grant funding
opportunities, and permitting requirements to direct capital
improvement projects in the future. Also submitted Letter of Map
Revision documents and construction design documents for a
bypass floodway channel to remove multiple homes and structures
from the 100-year floodplain of Stone Creek through a Federal
Emergency Management Agency (FEMA) Flood Mitigation grant.
(Work performed at previous firm.) At WWE, work on this project
continued, with design, permitting, and construction observation of
two phases of stream restoration to improve aquatic and riparian
health and minimize maintenance. Developed natural channel design
to provide fish habitat and fish passage.
Marriott Streamside Bridge Scour Evaluation and
Countermeasures Design. Retained by the Town of Vail to evaluate
scour at a bridge to the Marriott Streamside Hotel that is considered
scour critical based on CDOT review of the bridge abutments.
Designing countermeasures and performing permitting and
construction support.
Main Gore Drive Scour Evaluation and Countermeasures
Design. Retained by the Town of Vail to evaluate scour at the bridge
along Main Gore Drive and design scour countermeasures. The work
includes hydraulic modeling and scour calculations to support design
work. Designs are being developed to implement scour protection
countermeasures alongside the north and south abutment of the
bridge. Work also includes permit support for wetlands, floodplains,
and grading.
East Vail Stormwater Master Plan. Served as project manager in
evaluation of stormwater planning for the Town. Developed
strategies and solutions to address deficiencies. Work also included
updating manual and design guidelines.
Relevant
Credentials/Specialties
❖ Registered Professional
Engineer
❖ 17 Years Consulting
Experience
❖ Hydrology & Hydraulics
❖ Pond Design
❖ Stormwater Modeling
❖ Stream Restoration
❖ Channel Stability
❖ Watershed Health
❖ Fish Passage
Education
• M.E., Water Resource
Engineering and
Management, 2010
Georgia Institute of
Technology (Georgia Tech)
• B.S., Civil Engineering, 2005
Virginia Polytechnic Institute
and State University
(Virginia Tech)
Registrations/Affiliations
• Registered Professional
Engineer in Colorado
#46577 and Connecticut
#35469 Thesis: Removal of
Nutrients from Golf Courses
and Athletic Field Runoff.
• Certified Floodplain Manager
• Natural Resources
Conservation Service
Technical Services Provider
on canals and diversions,
stream habitat improvement,
ponds, stormwater and
drainage, wetlands, riparian
areas, and recreation land
• Wells
• Irrigation
• Recreation land
improvement
• .
75
Scott D. Schreiber, P.E., CFM
Project Manager
August 2024 Page 2 of 2
West Vail I-70 Exit 173 Water Quality Improvements. Served as project manager and design engineer in
evaluation and recommendation of best management practices (BMPs) for water quality improvements for
the I-70 West Vail Exit 173 interchange. The goal was to provide better stormwater management for the
receiving waters of Gore Creek to align with the Restore the Gore vision. Developed strategies to increase
water quality treatment effectiveness in the study area utilizing various techniques including hydrodynamic
separators and filtration units. Work culminated in water quality treatment option memo that looked at many
different treatment techniques. Evaluated, recommended, and designed water quality control measures.
Golf Course and Athletic Field Water Resource Engineer, Williamsburg Environmental Group.
Working with a previous employer, responsibilities included modeling of hydrology and hydraulics, water
budget analysis, BMP design, Low Impact Development implementation, drainage design, erosion and
sediment control plan development, EPA permitting, and dam design and safety.
Three Mile Creek Confluence Planning and Design. Served as Project Manager developing concepts and
details for open space at the confluence of Three Mile Creek and the Roaring Fork River in Glenwood
Springs. The work included public outreach to determine what was desired at the open space as well as
graphical renderings to gain input from the public and educate them on proposed techniques. The project
included special consideration of sensitive spawning grounds at the confluence. The work also included
designs and cost estimates for the chosen alternative. Helped acquire funding for the project through local
grants.
EagleVail Pavilion Pond Expansion Design. Developed concepts, plans, and designs for EagleVail
Metropolitan District (EVMD) capital improvement project to expand the Pavilion Pond from 0.75 acres to
1.4 acres. Other goals of the project were to: expand the Pavilion Pond beach, create shallow area for winter
ice skating, provide fishing dock for children, improve landscaping around site, aerate pond to improve water
quality, and line pond to maximize use of water rights. Work included design of a channel from the Eagle
River for diversion to the pond, and completion of construction-ready documents, designs, and
specifications.
Beaver Dam Pond Design. Worked with private client to design a 2-surface-acre pond that was 15 feet
deep along the Colorado River. Work included development of hydrologic model and coordination with the
State Engineers Office. Considerations included water rights, permitting, fire suppression storage, and
geothermal conditions. Designed and monitored installation of two rectangular weirs to control the outflow
from two outfall locations.
Big Thompson River Corridor Master Plan. Worked on a master plan that outlines a detailed vision for
nine miles of the Big Thompson River through Loveland, Colorado, including improvements to reduce flood
hazards and provide multiple benefits to people and wildlife along the corridor. Working in conjunction with
THK and Matrix.
Big Dry Creek Floodplain Restoration and Open Space Master Plan Pilot Project. Working with THK
Associates to develop the Floodplain Restoration and Open Space Master Plan for Big Dry Creek in
Thornton. The Pilot Project includes stream restoration to address erosion and improvements to enhance
public access and use of the open space.
Weaver Ditch Efficiency Analysis. Serving as the Project Manager supporting American Rivers and
Roaring Fork Conservancy, worked with Sopris Engineering to evaluate the Weaver Ditch through the Town
of Carbondale to look for areas of ditch improvements to allow more water to stay in the Crystal River. Work
included surveying and drafting of the entire ditch alignment, identifying locations of proposed gage stations,
and installing gages. WWE also evaluated flow within the ditch during different seasons to calibrate the newly
installed stream gages.
South St. Vrain Stream Restoration at Hall Ranch, Boulder County, Colorado. Served as project
manager and stream restoration engineer for the 3.2-mile study of the South St. Vrain Creek following the
2013 flood. Developed stream restoration designs that incorporated flood mitigation measures to reduce the
impact of future flooding, provide public safety, protect public and private infrastructure, maintain or re-
establish floodplain connectivity, and restore the creek channel and surrounding areas to stable, resilient,
and ecologically-rich habitats. A broad range of stakeholders were engaged to foster a consensus-driven
and technically sound solution. Work was the basis for project funding and implementation.
76
Christopher Olson, Ph.D., P.E.
Senior Water Resources Engineer
August 2024 Page 1 of 2
Experience Overview
Dr. Olson has 20 years of experience working in program/project management,
client service management, project engineering, and training/teaching. He is
skilled in water quality, hydrologic, and hydraulic modeling; life cycle cost analysis;
stormwater design; and water resource planning. Dr. Olson is the former Program
Director of the Colorado Stormwater Center at Colorado State University.
Water Quality/Watershed
Health/BMPs
Town of Vail Stormwater Quality Assistance. Served as project
manager and lead engineer on several stormwater quality projects
including conceptual analysis and design of stormwater control
measures in highly urbanized settings and development and
implementation of a stormwater monitoring program to characterize
urban stormwater quality and the performance of stormwater control
measures.
Town of Vail Stormwater Quality Treatment Analysis. As lead
engineer, performed a detailed hydrologic and cost-benefit analysis
of various stormwater control measures to reduce stormwater
pollutant loads contributing to Gore Creek.
West Vail I-70 Exit 173 Water Quality Improvements. Project
engineer in evaluation and recommendation of best management
practices (BMPs) for water quality improvements for the I-70 West
Vail Exit 173 interchange. Developed strategies to increase water
quality treatment effectiveness in the study area. Evaluated,
recommended, and designed water quality control measures.
Denver Department of Public Health and Environment
Stormwater BMP Monitoring and Evaluation. Project manager
and engineer for studies to evaluate the effectiveness of various
stormwater quality BMPs to remove pollutants and reduce runoff
discharge to surface waters.
City of Fort Collins E. coli Investigation. As lead technical
engineer, investigating potential sources of E. coli in urbanized
streams by conducting water quality monitoring as well as analysis of
stream flows, land use characteristics, and other factors that may
correlate with E. coli concentrations in those streams.
River Mile Low Impact development (LID) Conceptual Design
and Modeling. Project engineer to provide conceptual design and
modeling analysis of stormwater water quality BMPs to be used on
the River Mile development corridor in Denver.
Salt Creek Flood Resiliency Study. Provided quality
assurance/quality control for a comprehensive flood mitigation study
for the Salt Creek watershed in Lincoln, Nebraska, as a sub to
Olsson, Inc. Study addressed how flood resiliency can be enhanced
through structural and non-structural measures and included quality
assurance/quality control (QA/QC) of the project teams’ approach to
analyzing future extreme weather events, review of national and local
best practices, and public education plan.
Relevant
Credentials/Specialties
❖ Registered Professional
Engineer
❖ 20 Years of Experience
❖ Stormwater Infrastructure
Inspection/Maintenance and
Cost Estimation
❖ Hydrologic/Hydraulic/Water
Quality Data Analysis and
Modeling
❖ Water Resources
Engineering
Education
• Ph.D. Civil Engineering,
Colorado State University,
2017
Dissertation: Stormwater
Best Management Practice
Performance Modeling and
Uncertainty Analysis for
TMDL Compliance
• M.S., Civil Engineering,
Colorado State University,
2010
Thesis: A Model for
Evaluating the Effectiveness
and Life Cycle Costs of
Stormwater Best
Management Practices
• B.S., Environmental
Engineering, University of
Wisconsin–Platteville, 2004
Registrations/Affiliations
• Registered Professional
Engineer
o Colorado #44543
77
Christopher Olson, Ph.D., P.E.
Senior Water Resources Engineer
August 2024 Page 2 of 2
Confidential Riverine Flooding Investigation. Served as a lead technical engineer on a large, multi-state
and multi-plaintiff litigation case involving riverine flooding. Evaluated and analyzed hydraulic models (HEC-
RAS), performed hydrologic stream analysis, and other engineering analysis. Case is ongoing as of January
2023.
Stafford Site Geomorphic Stream Study. Performed hydrologic modeling using Colorado Urban
Hydrograph (CUHP) and Environmental Protection Agency (EPA) Stormwater Management Model (SWMM)
to determine stream flows for multiple return period storm events (1-year up to 100-year). Also provided a
conceptual detention basin design based on two different design criteria.
Big Thompson River Stream Management Plan. Provided hydrologic analysis of “naturalized” and existing
stream flows to support development of the stream management plan. Summarized results of the analysis
using a series of fact sheets developed for public outreach.
Oak Gulch Watershed Master Planning. Project team member for Mile High Flood District (MHFD)
conceptual master planning of Oak Gulch watershed near Parker, Colorado. WWE has worked on evaluating
hydrology and hydraulics of traditional and green infrastructure (GI) approaches to development in the
watershed. This project has provided significant insights into how master planning can better integrate GI
concepts for watersheds and streams.
Majestic CommerCenter Offline Detention Basin Design. Project Engineer to design an offline detention
basin to reduce the hydrologic impacts of a commercial development in the Denver Metro area.
401 Certification Modeling Review. Assisted the Colorado Department of Public Health and Environment
(CDPHE) Water Quality Control Division with technical review of analysis and modeling in support of 401
Water Quality Certification for major water development projects in Colorado.
University of Colorado–Boulder MS4 Permit and E. coli Total Maximum Daily Load (TMDL)
Compliance. Developing an implementation plan pertaining to the TMDL for Boulder Creek. Creating storm
sewer cleaning program plan and dry weather outfall inspection and monitoring plan, including worksheets.
EPA CLASIC Project. Participating on a national team involved in cutting-edge research and tool
development related to whole life-cycle cost analysis of green and grey infrastructure (“CLASIC” project). The
project is part of a $2.5 million effort led by the Water Environment Research Foundation (WRF), largely
funded by the Environmental Protection Agency (EPA).
City of Aurora Development Reviews and Consulting. Review preliminary and final drainage reports and
drainage master plans for the City of Aurora. Learned City’s system for reviews and assisted with multiple
reviews for subdivisions and road projects. WWE also is in the process of updating the City’s storm drainage
criteria manual and conducting these reviews has provided excellent insight into criteria that have been
developed since the manual was last updated approximately 20 years ago.
Renew Jordan Creek Water Quality. Provided technical and conceptual design support for incorporating
stormwater control measures into the Jordan Creek daylighting project in Springfield, Missouri. Stormwater
control measures included bioswales, rain gardens (bioretention) and permeable pavement incorporated
within future pedestrian areas.
BMP-REALCOST.* Developer of the BMP-REALCOST model for the Urban Drainage Flood Control District
(now MHFD). The model calculates water quality effectiveness and life cycle costs for various water quality
BMPs.
Colorado Stormwater Center at Colorado State University.* Worked on a variety of LID/GI projects since
Center’s inception in 2012. Developed and taught several training courses on proper planning, design,
construction, and maintenance of LID/GI. In addition, assisted the City of Fort Collins Stormwater Utility with
planning and design of several LID/GI pilot projects. Helped plan the LID/GI Design Competition that was
held as part of the Midwest LID Conference at CSU in the summer of 2019.
*Work performed by Dr. Olson during his graduate studies and as a Research Associate at Colorado State
University
78
Drake Ludwig, P.E.
Project Engineer
August 2024 Page 1 of 2
Experience Overview
Drake is a water resources engineer in WWE’s Glenwood Springs office with 10
years of professional experience in planning, modeling, and design. He has worked
on numerous stream restoration projects and has been a part of watershed planning
studies throughout Colorado. He has extensive experience managing, permitting,
designing, and constructing stream projects utilizing both conventional and natural
channel principles. Drake is proficient in hydrologic as well as 1D and 2D hydraulic
modeling. He has extensive experience using ArcGIS and AutoCAD Civil 3D to
develop complex watershed models and detailed stream designs.
Town of Vail / Riparian / Floodplains / Restoration
Gore Valley Trail Safety Improvements for Town of Vail. On a team
with Alta Design reviewing the condition of the existing bank along the
adjacent reach of Gore Creek and making recommendations for
improvements, including permitting considerations. Providing input on
both stream stabilization techniques and considerations for trail
realignment.
Marriott Streamside Bridge Scour Evaluation and
Countermeasures Design. Retained by the Town of Vail to evaluate
scour at a bridge to the Marriott Streamside Hotel that is considered
scour critical based on Colorado Department of Transportation
(CDOT) review of the bridge abutments. Designing countermeasures
and performing permitting and construction support.
Main Gore Drive Scour Evaluation and Countermeasures
Design. Retained by the Town of Vail to evaluate scour at the bridge
along Main Gore Drive and design scour countermeasures. The work
includes hydraulic modeling and scour calculations to support design
work. Designs are being developed to implement scour protection
countermeasures alongside the north and south abutment of the
bridge. Work also includes permit support for wetlands, floodplains,
and grading.
West Vail I-70 Exit 173 Water Quality Improvements. Served as
project engineer in evaluation and recommendation of best
management practices (BMPs) for water quality improvements for the
I-70 West Vail Exit 173 interchange. Developed strategies to increase
water quality treatment effectiveness in the study area. Evaluated,
recommended, and designed water quality control measures.
East Vail Stormwater Master Plan. Performed detailed hydrologic
and hydraulic analyses for the assessment of stormwater infrastructure
throughout East Vail. Snowmelt hydrology and the latest NOAA Atlas
14 precipitation depths and distributions were used for runoff
calculations. This effort included an analysis of the capacity of over one
hundred culverts and roadway crossings, and nearly 28 miles of
streams and open channel drainageways. A prioritized list of
stormwater improvement projects was developed from the identified
deficiencies in the Town’s existing stormwater infrastructure, including
opportunities to improve stormwater quality throughout the community.
Beaver Dam Pond. Performed a preliminary assessment of the
existing pond inflow and outlet configuration. Assisted in the design
and installation of two rectangular weirs to control the outflow from two
outfall locations. Assisted in pond maintenance, including aquatic
vegetation removal.
Relevant
Credentials/Specialties
❖ Ten Years of Experience
❖ Natural Channel Design
❖ Stream Restoration and
Stabilization
❖ Pond Design
❖ Hydrologic Modeling
❖ 1D and 2D Hydraulic
Modeling
❖ Watershed Planning and
Stormwater Management
❖ Floodplain and Stream
Corridor Mapping
Education
• B.S., Environmental
Engineering, 2015,
Colorado State University
Training/Certifications
• Professional Engineer
o CO #56922
Available Time to Commit
35%
Experience Working with
Town of Vail
• East Vail Stormwater
Master Plan
• Analysis and Design of
Drainage Appurtenances
along Snowshoe Lane to
Main Gore Drive
• Scour Evaluation and
Countermeasure Design at
Main Gore Drive and
Mariott Streamside
79
Drake Ludwig, P.E.
Project Engineer
August 2024 Page 2 of 2
EagleVail Golf Course Stone Creek Stream Restoration and Fish Passage. Designed and permitted this
fast-track stream restoration project aimed at improving aquatic and riparian health of a golf course while
minimizing maintenance along Stone Creek in EagleVail. Developed a natural channel design to replace two
four-foot boulder structures while providing habitat in the form of deep pools and woody structures, and fish
passage through cobble riffles. Provided construction observation on the project, which needed to be
completed quickly to allow the creek to be open for spawning brown trout.
Three Mile Creek Confluence Planning and Design. Supported the development of concepts and
construction drawings for open space improvements at the confluence of Three Mile Creek and the Roaring
Fork River in Glenwood Springs. Helped facilitate public outreach to determine what was desired at the open
space and educate them on proposed techniques and opportunities for improvement. Assisted in the selection
of the preferred alternative based upon public input and site constraints. Developed cost estimates and design
support for bank stabilization improvements and revegetation of the site.
Green Valley Ranch Tributary T High-functioning, Low-maintenance Stream Design. Developed a
natural channel design for a tributary to First Creek in the City of Aurora near the Denver International Airport.
Performed hydrologic and hydraulic analysis to determine the range of flows applicable to this reach
including low flows, bankfull flows, minor event flows, and major event flows. Conducted hydraulic modeling
of the floodplain to aid in developing the design and floodplain permitting, including the submittal of a CLOMR
application. The constructed improvements include a geomorphic design that provides a naturally functioning
stream corridor, minimizes maintenance needs, and provides an amenity to the developing community.
Big Dry Creek Floodplain Restoration and Open Space Master Plan Pilot Project (Previous Firm). Led
the stream restoration design and modeling efforts on Big Dry Creek. To the maximum extent possible, the
project design utilizes natural channel approaches to create a resilient stream with a high functioning riparian
corridor. Setting a precedent for future restoration work along Big Dry Creek, the pilot project aims to marry
stream and habitat enhancement with passive recreation improvements to create an amenity for the City of
Thornton. To restore the eroding banks of Big Dry Creek and protect adjacent habitat and infrastructure,
developed alternatives, a comprehensive stream design, and provided permitting support to ensure the
success of each project objective.
Todd Creek Channel Design. Serving as the design engineer on restoring an existing degraded channel
through a major development outside Denver. The restored channel will function naturally to convey
baseflows and flood flows alike. This work includes an evaluation and development of stable channel
sections, planform, and profile for almost a mile of stream corridor. The river restoration will re-connect the
channel to its floodplain through use of natural in stream structures and channel grading. The design will
provide an amenity to the neighboring development. Supported 404 and floodplain permitting.
Mitchell Creek Post-Fire Analysis. WWE re-evaluated hydrology for a hydrologic conditional letter of map
revision (CLOMR) to reduce the effective 100-year peak flows that were established following a 2002 fire.
WWE’s modeling showed actual peak flows to be about 30 percent lower than were estimated by the
previous LOMR.
Monument Creek Watershed Restoration Master Plan. As a component of the Monument Creek
Watershed Restoration Master Plan, completed extensive analyses for 237 square miles of watershed
hydrology and 100 miles of hydraulic modeling in Colorado Springs, Colorado. Over 250 potential projects
were identified and ranked to compose a prioritized list of actionable projects within the Monument Creek
watershed. The planning process integrated technical and socio-economic evaluations as well as
stakeholder and community input to provide a holistic Restoration Plan that provided updated floodplain
extents throughout the watershed.
California Post-wildfire Hydrology and Debris Flow Analyses. Studied the post-wildfire risks associated
with the Thomas and Woolsey Wildfires in Santa Barbara, Ventura, and Los Angeles Counties, California.
Analyzed post-fire debris flows through two-dimensional hydraulic modeling and utilizing GIS mapping to
compare the heightened risk to that of pre-burn conditions. Complimentary to the risk assessment, Drake
identified potential mitigation measures to minimize debris flow risk.
Big Dry Creek Floodplain Restoration and Open Space Master Plan Pilot Project. Led the stream
restoration design and modeling efforts on Big Dry Creek. To the maximum extent possible, the project
design utilizes natural channel approaches to create a resilient stream with a high functioning riparian
corridor.
80
Brianna Trotter, EI
Water Resources Engineer
August 2024
Experience Overview
Brianna Trotter is a water resources engineer who focuses on water quality
analysis, nutrient transport modeling, agricultural conservation practice analysis,
and urban stormwater modeling. Brianna is proficient with SWMM software, HEC-
HMS software, ArcGIS software, Python Programming, and JMP Software. She
also has experience in technical writing, multi-disciplinary communication, and
water rights engineering. Brianna has conducted special research on modeling
nutrient reductions in runoff and leaching to water sources from agricultural fields
using conservation practices.
Water Resources Engineering
Three Mile Creek Confluence Planning and Design. Used ArcGIS
software to develop mapping for the wetland and ordinary high water
mark delineation of the study area; Used ArcGIS to delineate the land
use types for the area to be used in the hydrologic model for the
creek confluence with the Roaring Fork River.
Confidential Hydrologic Project. Geospatial data collection from
various public data sources and subsequent organization within
framework of file geodatabase to provide multiple exhibits for
litigation case. Geospatial processing of various data types including
shapefiles and rasters of land use, soils information, rainfall patterns,
and important hydrologic characteristics. Developed modeling to
evaluate hydrologic budget for area of interest.
Red Tail Ranch Water Management Plan. Evaluated hydrologic
characteristics of the property to assist with development of a water
management plan. Analyzed historical diversion records and
hydrologic data via U.S. Geological Survey (USGS) stream gages to
understand water availability on the property. Performed site visit to
collect field data and incorporated data into mapping and figures of
the property, including the mapping of the soils characteristics,
historically irrigated areas, and hydrologic attributes of the area.
Mount Werner Water and Sanitation District Water Rights.
Geospatial data collection and evaluation of CDSS datasets for the
district to support water rights applications. Performed calculations of
current and projected water demand to support water rights issues.
Evaluated potential impacts of proposed diversion structure on
streamflow in the Yampa River to inform environmental analysis.
Silt River Preserve Water Rights. Calculated monthly pond
evaporation amounts for existing and proposed pond surface areas.
Assisted with general geospatial data collection and mapping of
current versus proposed conditions to inform strategy for water rights
application.
Paradise Mesa Water Rights. Performed the engineering
calculations to quantify the water demands and depletions for water
rights application, along with quantification of the available historical
consumptive use credits and exchange rate for the water rights
application. Utilized geologic mapping to determine input parameters
for and perform a glover analysis to determine the lagged depletions
of irrigation water to determine historical return flows. Developed
exhibits using ArcGIS to support the application.
Relevant
Credentials/Specialties
❖ Modeling
❖ Nutrient Runoff Reduction
❖ Conservation Practices
❖ Technical Writing
❖ Data Management
❖ Field Research
❖ 1D and 2D Hydraulic
Modeling
Education
• M.S., Civil and
Environmental Engineering,
Colorado State University
Thesis: Modeled impacts of
agricultural conservation
practices on edge-of-field
nutrient runoff across
Colorado
• B.S., Agronomy,
Environmental Studies, and
Global Health, University of
Wisconsin–Madison
Registration
• Professional Engineer
Intern, CO
81
2 | Gore Creek | Vail, Colorado
DHM Design
ABOUT
EDUCATION
B.S. in Landscape Architecture
Kansas State University, 2000
CERTIFICATIONS
Professional Landscape Architect: Colorado,
Montana, Nevada, Oregon, Wyoming
CLARB
SPEAKING ENGAGEMENTS
Downtown Colorado, Inc. Challenge Studio
Eagle, Colorado, 2019
AREAS OF EXPERTISE
Riparian Restoration Design
Public Process
Land Use Planning
Streetscape Design
Affordable Housing and Residential Design
Trails and Greenways
Visualization
Alignment Review
Amenity Design & Detailing
Civic & Municipal
Project Management
RECENT EXPERIENCE
Dry Woody Creek Restoration; Woody Creek, CO
Colorado Collins Creek Restoration; Pitkin
County, CO
Colorado Private Ranch Ag Irrigation Storage
Ponds; Woody Creek, CO
USFS Land Evaluation; Eagle County, CO
Colorado River House Site Programming;
Edwards, CO
West Eagle Housing; Eagle, CO
Red Cliff Streetscape Master Plan; Red Cliff, CO
EVTA ISTP; Eagle County, CO
JASON JAYNES
Managing Principal | Professional Landscape Architect (CO, MT, NV, OR, WY)
Jason embraces a broadly diverse portfolio of work, including parks
and trails planning, single-family and private ranch planning and
design, transportation facility and streetscape design, affordable
housing outreach and design, public process facilitation, and public
agency and land trust projects. Jason has been directly involved
in numerous LEED Certified and sustainably focused projects in
the region. He believes that the components of environmental
stewardship, functionality and human comfort are inextricable from
the design process and the ultimate, lasting quality of a built project.
NOTABLE WORK
Basalt River Restoration | Basalt, CO
Goals for this three-year long project included restoration of a natural
alignment of the Roaring Fork River, the restoration of an active and vital
floodplain, the establishment and restoration of diverse and native riparian
habitat and vegetation, and the connectivity of multiple raw water and ditch
systems. DHM’s efforts extended beyond the river’s edge to the restoration
of side channels, critical fish spawning habitat, and the adjacent wetland
system. DHM created a passive recreation experience in these areas, allowing
visitors to observe the wildlife supported by these ecosystems. The team led
significant federal, state, and local permitting for the project and completed all
of the site planning, restoration design, and habitat planning. DHM conducted
investigations into the baseline conditions of the natural resources and site
which informed the design and permitting approach.
Blue River Restoration | Breckenridge, Colorado
DHM worked closely with the Town of Breckenridge, and a team of engineers to
design and implement a riverine and riparian restoration along a ½ mile stretch
of the Blue River in Breckenridge, CO. The landscape restoration included
establishing a native floodplain vegetation matrix with restoration of river
banks and bends, as well as an upland restoration where a multi-use recreation
path exists. The restoration was carefully planned and implemented using
species appropriate for microclimate and hydrological conditions. The planting
design was also installed with many varying plant sizes to mimic a natural
system in terms of age class diversity. Plant species were strategically selected
and placed to armor and reinforces areas of the river banks that could be prone
to flooding. Three informal interpretive riverside gathering areas were sited and
designed to fit within the restoration to allow visitors to interact with the river
and be immersed with in the naturalized restoration.
Crystal River Restoration | Garfield County, Colorado
The Crystal River was recently named America’s 8th “Most Endangered River”
by the American Rivers organization due to water diversions, water storage
projects, degradation, and loss of aquatic and riparian habitats. Aspen Valley
Land Trust, along with the Town of Carbondale, hired DHM Design as part of a
team to complete comprehensive river restoration for a 1.5 mile stretch of river.
DHM Design helped acquire grant funding for the project to be implemented.
The project will restore the ecological integrity of the riparian zone by
reconnecting the floodplain and reestablishing native vegetation and instream
habitat; develop a long term, self-sustaining solution to improve river channel
stability and habitat; create a self-sustaining diversion and head gate structure
for the Weaver Ditch to improve delivery, function and efficiencies and finally;
enhance passive user experiences of Riverfront Park through interpretive signs,
trails, gathering spaces, universal access and educational programs.
.82
DHM Design | 3
DHM Design
ABOUT
EDUCATION
B. of Science in Land Use - Environmental
Resources, Metropolitan State University,
Denver, 2009
REGISTRATIONS & AFFILIATIONS
Safeland USA/PEC
Western Association of Fish & Wildlife Agencies
Certified Technical Service Provider
AREAS OF EXPERTISE
Environmental Permitting & Planning
Project Siting & Resource Avoidance
Mitigation & Restoration Planning
National Environmental Policy Act (NEPA)
Biological Resource Investigations
Site Planning & Resource Avoidance
Environmental Compliance Monitoring
Clean Water Act Section 404 Permitting
Wetland Delineation & Restoration
Stream Habitat Assessments & Restoration
Fisheries & Natural Resource Management
Threatened, Endangered and Sensitive Species
(T&E ) Surveys
RECENT PROJECTS
Crystal River Restoration; Carbondale, CO
Pagosa Gateway Project; Pagosa Springs, CO
Warm Springs Wetland Mitigation Bank;
Warm Springs, CO
Aspen Riparian Plan; Aspen, CO
Walden Hollow Colorado River Habitat
Improvement Project; Granby, CO
Bear Wallow Ranch; New Castle, CO
Stagecoach Reservoir Wetland Mitigation;
Routt County, CO
JEREMY ALLINSON
Senior Associate | Natural Resource Programs Manager
Jeremy has extensive experience in environmental project planning;
NEPA compliance; natural resource investigations; aquatic and
hydrological assessments; Impact assessment and analysis;
permitting compliance; restoration design; mitigation planning and
construction administration. His experience involves managing a
wide range of planning and development projects both in the public
and private sectors across the Western US and Alaska. A native to
Colorado and living in Montrose, Jeremy gets his inspiration from
being outdoors, hunting and fishing. Professionally, he works to find
a balance between environmentally responsible development and
protection of natural resources.
NOTABLE WORK
Crystal River Stabilization | Garfield County, Colorado
Sustained high water in 2019 caused massive erosion along a steep bank of
the Crystal River, threatening the stability of the Crystal Valley Trail and an
important agricultural ditch. DHM collaborated with a team of engineers,
hydrologists, county staff, and contractors to implement a hybrid restoration
strategy. The restoration design utilized traditional engineering methods
and bioengineered stabilization solutions, such as willow fascines, woody
plantings and seeding. In-stream work was undertaken to route the force
of the river away from the bank requiring heavy machinery in the river and
careful timing to not disrupt fish spawning. Thousands of cubic yards of fill
was placed on the river bench and upland portions of the project. DHM’s
ecological team developed unique strategies to plant and install plant
material on the river bench and upland portions of the project providing
stability, habitat and ecological function. DHM detailed specialty erosion
control measures, designs for planting pockets on slopes as steep at 1.75:1
and incorporated willow and cottonwood stakes and fascines throughout
the river bench and upland areas. The team facilitated plant layout, install,
germination and willow intervention monitoring.
Services
• Site Inventory & Assessment Design
• Wetland Design/Construction and River Restoration
• Ersoson Control
• Environmental Monitoring
Basalt River Restoration | Basalt, CO
CCASLA Merit Award for Design 2017
CASFM Honor Award for Outstanding Achievement 2015
The Basalt River Restoration Project involved working with a multi-disciplinary
team of engineers, hydrologists, planners, and the Town of Basalt to plan,
design, permit, and oversee the restoration of the Roaring Fork River. Located
within the heart of downtown Basalt, the goal of this project was not only to
restore the river systems and riparian systems, but also to integrate the river
into the lives of the Basalt residents and visitors. DHM led the significant
federal, state, and local permitting for the project and completed all of the site
planning, restoration design, and
habitat planning.
Services
• Compensatory Mitigation and Monitoring Reporting & Permit Close Out
• US Army Corps Reporting, and Coordination with USACOE
• Wetland Design/Construction and Stream Restoration
• Local and Federal Floodplain Permitting
83
Ashley A. Ficke, Ph.D.
Fisheries Ecologist
Ashley Ficke is a fisheries ecologist with 23 years of field and research
experience and an understanding of basic geomorphic and hydraulic
principles. Ashley began her fisheries career performing habitat suitability
surveys for native Cutthroat Trout for the US Forest Service. Much of
her graduate level research and subsequent work has focused on the
relationship between hydraulics and fish habitat and fish demographic
rates (i.e., movement, reproduction, etc.) at multiple scales. She has
worked extensively with engineers to develop stream rehabilitation and
fish passage designs that are compatible with the biological and ecological
needs of the native fish community. She also has experience with NEPA
work and with permitting and has worked to increase the understanding
of the effects of flow changes and stream morphology changes on fish
habitat through modeling and model interpretation. She has performed
fisheries work in seventeen US States, with approximately 80% of that work occurring in the Rocky Mountain
Region. She is proficient in fisheries field sampling, technical writing, and data analysis, and has 10 years of
experience in stakeholder engagement.
PROJECT EXPERIENCE
Wines Ditch Diversion Rehabilitation and Fish Passage, The Nature Conservancy, Gateway, CO.
Fisheries Lead (with WWE and Biohabitats). Provided fisheries expertise for the redesign of a diversion with
senior water rights on the Dolores River. The new diversion will consist of a set of structures designed to allow
upstream fish passage and safe boat passage. The fish passage structures can be isolated (thus preventing
upstream movement) in the event that nonnative species invade the system. The structures will also contain
infrastructure for antennae to monitor fish movement through the structures and a “sorting pool” that will allow
natural resource agencies to capture, sort and manage fish.
South Boulder Creek Stream Management Plan, Biohabitats, Denver, Colorado. Fisheries Lead (with
WWE and Biohabitats). Provided fisheries expertise for a stream management plan on a small urban stream in
Boulder, CO. Developed a Multi-Criteria Decision Analysis (MCDA) matrix to help prioritize the modification or
removal of 13 fish barriers in the nine-mile foothills and plains reaches of South Boulder Creek. Supported a
Colorado School of Mines senior design project that entailed developing a 30% design for one of the high-priority
structures on South Boulder Creek. Provided fisheries recommendations for the redesign of four diversions to
allow fish passage for multiple species. Performed performing high-level habitat quality surveys to identify future
priority structures for fish passage work and reaches in need of stream restoration.
Left Hand Creek Canyon Restoration, Lefthand Watershed Oversight Group, Niwot, CO. Fisheries (with
WWE and Biohabitats). Lead. Provided ecological design support and an adaptive management monitoring plan
for the restoration of the canyon reaches of Left Hand Creek. Provided recommendations for trout habitat
improvement and for development of refuge habitats for two species of rare, nongame native fishes and established
a monitoring program as a before-after-control-treatment experiment. Performed a fish passage assessment and
subsequent alternatives analysis to assist LWOG in prioritizing fish barriers for modification. Construction
oversight was also provided.
Craig Diversion Park Fish Passage and Whitewater Park, Riverwise Engineering, Craig, CO. Fisheries
Lead. Developed concepts for a fish-friendly whitewater park/municipal diversion in the Yampa River in Craig,
CO. Currently providing design specifications to ensure that the fish passage portion of the park (a constructed
riffle) is passable by the USFWS-listed fish species present in the river, as well as the more common small-bodied
native species. The park will also be designed to eliminate the existing habitat features that are favored by invasive
fishes that threaten native aquatic species.
EDUCATION
Ph.D., Fishery Biology, Colorado State
University
MS, Fish, Wildlife, & Conservation, Colorado
State University
BS, Fish & Wildlife Biology, University of
California Davis
EXPERIENCE IN THE INDUSTRY
23 years
EXPERIENCE WITH GEI
16 years
84
Ashley A. Ficke, Page 2
On-call Restoration Services, Ayres Associates, Fort Collins, CO. Fisheries Lead. Provided baseline data for
aquatic habitat, macroinvertebrates, and fish populations on two small urban streams slated for restoration.
Provided recommendations for engineering design so that the completed project will provide high-quality habitat
for the resident fish assemblage, in addition to several fish species that were formerly present and will be
reintroduced to the system after construction is complete. Currently working with the City of Fort Collins and
Colorado Parks and Wildlife to determine appropriate fish species for reintroduction to the system, given the
limiting factors that could not be addressed with reach-scale restoration activities. Also worked with an
interdisciplinary team to develop concept-level designs for the restoration of the Cache la Poudre River in the
Arapahoe Bends Natural Area.
Bordeaux Creek Aquatic Habitat Rehabilitation, WaterVation, Chadron, NE. Fisheries Lead. Provided
ecological support for the rehabilitation of a heavily incised stream in Northwest Nebraska. Used habitat
suitability information for fishes that were formerly present and could be reintroduced to the system to develop
specifications for pools and riffles to be incorporated into engineering designs. Designed concepts for several
pool types to meet habitat needs for the diverse resident fish community and to avoid creating an overabundance
of undesirable species that could compete with resident, naturalized trout populations. Assisted Nebraska Game,
Fish, and Parks with developing an adaptive management plan for the stream, to ensure that the habitat
improvements had the intended effects on the fishery.
City of San Bernardino Clean Water Factory EIR, City of San Bernardino, CA. Fisheries ecologist.
Reviewed and revised the aquatics portion of the California Environmental Impact Report for a water re-use
facility on the Santa Ana River. Provided a supporting study of the effects of flow reductions on the habitat of the
federally threatened Santa Ana Sucker and worked to instigate an adaptive management plan for the operation of
the facility. Prepared all federally-required permits for continued operation of the City’s wastewater treatment
facility on the Santa Ana River.
Sunlight Creek Restoration, Wyoming Game and Fish, Cody, WY. Fisheries Lead. Provided ecological
support for the restoration of a two-mile reach of Sunlight Creek in northwest Wyoming. Synthesized assessment
data and used them to develop recommendations for improvement of aquatic habitat in an unstable,
overmeandered reach. Recommendations were incorporated into design to improve trout overwintering and
spawning habitat, both of which were rare in Sunlight Creek and absent from the Project Area. Pools and
backwaters were specifically designed to provide high-quality wintering habitat and refuges from ice scour, a
significant cause of overwinter mortality for fishes in high-elevation streams.
South Platte Fish Passage and Stream Restoration Feasibility Study, Merrick and Company, Denver,
Colorado. Project Manager, Lead Fisheries Ecologist. Provided fisheries expertise for an alternatives analysis
concerning a major reconstruction of a three-mile section of the South Platte River in downtown Denver.
Surveyed multiple grade control and diversion structures, assessed aquatic habitat quality, and worked with a team
of engineers and whitewater recreation experts to create a set of alternatives to meet a diverse set of project goals
ranging from flood protection to fish passage to aesthetics.
Fountain Creek Bank Stabilization, WaterVation, Fountain, Colorado. Fisheries Lead. Provided ecological
support and permitting services for the stabilization of a 1.5-mile reach of Fountain Creek, which has been
impacted by urbanization and imported water. Managed the aquatics portion of the alternatives analysis that led
to the 30% design. Provided design support and integrated refuge habitats for the state-threatened Flathead Chub
into the restoration design.
Columbus Riverfront Fish Passage and Whitewater Park, Core Planning Strategies, Columbus, Indiana.
Fisheries Lead. Provided fish passage specifications for a hybrid fish ladder and whitewater park for the White
River in Indiana. The fish ladder is being designed so that it mimics local geomorphic conditions, and it will
replace a defunct low-head dam. The completed fish ladder will allow passage of the entire resident fish
community for the first time in 100 years, and the whitewater park will create economic opportunities for the City
of Columbus.
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OUR TEAM
Kevin has his Bachelor’s degree in architecture, is
a licensed landscape architect and has been a golf
course architect for 30 years. His skill set in the golf
industry covers all backgrounds. Starting at the age of
15, Kevin worked in the back room at a local country
club and hasn’t left the industry since. He has worked
in a pro shop, on a golf course maintenance team,
on a golf construction crew, and of course, as a golf
course architect.
He is a member of the American Society of Golf
Course Architects (ASGCA) and has served on the
education committee for the past five years. He has
also worked on projects with the past four presidents
of the ASGCA. Kevin has overseen work that has
been completed in the United States, Mexico, Canada
and Australia.
Golf Architect Rate: $200/hr
Kevin Atkinson, ASGCA
Scott joined ADG in 2020 and is an integral
part of the design team. Scott manages the
set up of projects from a technical side, and is
responsible for many of the deliverables during
the design process. He has a background as a
licensed landscape architect, as well as in course
construction and golf irrigation. His knowledge
of these sides of the industry is a great asset to
ADG. Scott was elected into the first ASGCA
Tartan Program class in 2021.
Senior Design Associate Rate: $95/hr
Scott Laffin, PLA
ASGCA Tartan Program Member
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Serving Clients Nationwide | 888.480.LAKE | solitudelakemanagement.com
COMPANY OVERVIEW AND QUALIFICATIONS
Services and Qualifications
SOLitude Lake Management is dedicated to providing clients with the most complete and
cost-effective solutions for the management of their lakes, ponds, wetlands and stormwater
facilities. We are a licensed pesticide company and the services we offer are all performed by
highly educated and trained biologists, ecologists, environmental scientists and aquatic
resource specialists. Our goal is to restore and preserve ecological balance while enhancing
the natural beauty of aquatic ecosystems.
Algae and lake weed control is particularly important to the health and quality of any aquatic
ecosystem. SOLitude is a Steward of Water and SePRO Preferred Applicator, and we have
participated in the field trials and testing of many new herbicides and other products used for
the treatment of aquatic weeds and algae. Our algae testing and monitoring also allows us to
identify and quantify the presence of toxic algae that, if left untreated, could pose human and
animal health concerns.
SOLitude is one of the preeminent experts in lake and pond aeration. For several years, our
company has been recognized as one of the top three distributors of AquaMaster fountains
and aeration systems in the world. SOLitude is a factory service center, accredited repair
facility, and distributor for AquaMaster, Vertex, Otterbine, Kasco and AquaControl fountains
and aerators.
Water quality monitoring, testing, and restoration are the backbone of any long term
integrated lake or pond management program. Our firm is a leader in the testing and
implementation of biological augmentation as a means to improve water quality and remove
organic sludge and other biodegradable wastes that accumulate on the bottom of a pond.
We are also an experienced distributor and applicator of the latest in phosphorus remediation
products, such as Phoslock and Alum, designed to remove or sequester available phosphorus
from the water column, thus restoring water quality and improving clarity.
For area-selective removal of nuisance, floating and rooted aquatic vegetation, hydro-
raking and mechanical harvesting services are offered. In addition to being an economical
alternative to dredging, hydro-raking and harvesting are valued for their ecological benefits to
aquatic ecosystems. Should maintenance dredging be required, SOLitude can coordinate a
multi-faceted dredging effort.
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RESUME
Eric Purcell, PLS | Survey Project Manager
Eric will serve as Survey Project Manager on this contract and will be the liaison for
survey-related, day-to-day communications between Topographic, the Town, and
consultant staff. He is supported by a team of field and office survey professionals with
decades of experience on similar projects.
With 10 years of survey experience, Eric brings extensive experience in boundary
surveys required to facilitate public improvement projects as well as SUE utility surveys,
ALTA/NSPS surveys, land survey plats, subdivision plats, topographic design surveys,
control surveys, 3D scanning, deed research and analysis, field data collection, control
monumentation, construction staking, as-builts, boundary calculations and CAD
drafting.
Eric has been a Project Manager on numerous projects requiring the coordination of
multi-discipline teams and stakeholders. As issues are encountered, he will quickly
update the project status with all stakeholders and revise work plans as needed. His
project oversight will include strict compliance with company and client quality (QA/QC)
and safety procedures throughout assigned teams and review/approve the final
delivery of survey products.
He has completed public improvement projects for numerous agencies including the
Cities of Arvada, Broomfield, Denver, Lafayette, Lakewood, Longmont, Lyons &
Thornton, the Counties of Adams, Arapahoe, Boulder, Denver, Douglas, Grand,
Jefferson, and Weld, as well as Adams 12 5-Star Schools, South Adams County Water
and Sanitation District and North Washington Street Water and Sanitation District.
Software Proficiency: AutoCAD (Map/Carlson), Trimble Access, and Trimble Business
Center
Education: Colorado Mesa University – Post-Baccalaureate Certificate Land Surveying
and Geomatics; Beloit College - Bachelor of Science - Geology
Registrations: Colorado Professional Land Surveyor – PLS# 38850
Years of Experience: 10 Years with the Firm: 10
Office Location: 520 Stacy Court, Unit B, Lafayette, CO 80026
88
ATTACHMENT B
Rate Sheets
89
WRIGHT WATER ENGINEERS, INC. 2024
SCHEDULE OF HOURLY RATES
SCHEDULE A
PERSONNEL RATE PER HOUR
SENIOR PRINCIPAL/CONSULTANT
PRINCIPAL/CONSULTANT
SENIOR PROJECT ENGINEER/CONSULTANT
SENIOR ENGINEER/SCIENTIST CONSULTANT
ENGINEERING/SCIENTIST PROFESSIONAL I
ENGINEERING SPECIALIST/CONSULTANT
ENGINEERING/SCIENTIST PROFESSIONAL II
ENGINEERING DESIGNER/PROFESSIONAL III
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN II
ENGINEERING TECHNICIAN III
♦Automobile at 60 cents per mile ♦Four-wheel drive/Pick-up truck at 70
cents per mile
Ten percent (10%) will be added to all reimbursable expenses to cover administration for
special consultants, independent laboratory tests, direct printing costs, telephone,
supplies, lodging and subsistence, and all in-house computer, auto, postage, fax, and
travel.
TERMS OF PAYMENT: It is agreed that this account will be billed every month. Unless
otherwise approved by the Company, payment is due upon receipt of the invoice. Mail
payment to the main office of the Company at 2490 West 26th Avenue, Suite 100A,
Denver, Colorado 80211. If payment is not received, the client agrees to pay interest at the
rate of 1.5 percent per month on the outstanding balance. This does not constitute a
credit arrangement, and in no case, shall the minimum payment be less than 33 percent of
the amount billed. If the account is placed with an attorney for collection, the client agrees
to pay court costs and reasonable attorney fees. The liability of Wright Water Engineers,
Inc. for losses or damages arising out of the errors, omissions, or negligence of Wright
Water Engineers, Inc. while providing professional services shall be limited to the total fee
due to Wright Water Engineers, Inc. pursuant to this agreement.
$262
$250
$225
$200
$185
$172
$155
$142
$126
$109
$106
90
DENVER CARBONDALE DURANGO BOZEMAN MISSOULA WWW.DHMDESIGN.COM
225 Main Street, Suite 201, Carbondale, CO 81623 p: 970.963.6520 f: 303.892.4984
FEE STRUCTURE
DHM Design Corporation
Effective January 1, 2024
Hourly Rates
Principal $220.00
Assoc Principal $180.00
Senior Associate $155.00
Natural Resource Program Manager $155.00
Senior Ecologist $145.00
Senior Environmental Planner $145.00
Visualization/3D $140.00
Associate $140.00
Senior Designer/Planner $130.00
Natural Resource Coordinator $125.00
Ecologist $125.00
Designer $120.00
Graphic Designer $110.00
Clerical/Word Processing $ 85.00
Reimbursable Expenses
Xerox Copies $ 0.12 per copy
Color Copies $ 1.50 per copy
In-House Computer Plots
- Mylar $ 3.50 per square foot
- Vellum $ 2.30 per square foot
- Bond $ 0.45 per square foot
Color Computer Plots $ 2.80 per square foot
Auto Mileage Mileage billed at the federal standard rate
Standardized field equipment $80/day
- GNSS receiver, GPS, iPad
Specialized field equipment $120/day
- RTK survey grade equipment, GNSS receiver
iPad (cellular connection), Drone
All outside reimbursable expenses such as printing, copying, postage and deliveries are billed at our
direct costs.
Bills are rendered and due payable monthly. Terms: Due and payable within 30 days upon receipt of
statements. 1.5% per month interest charged on all past due accounts.
Proposal price quotes shall remain in effect for a period of six months with renegotiation of hourly rates
and reimbursable expenses at that time.
91
FEE SCHEDULE AND PAYMENT TERMS – ECO/ENG 2024
Life Sciences Fee Schedule 2023
FEE SCHEDULE
Hourly Billing Rate
Personnel Category $ per hour
Technician 1 $ 69
Technician 2 $ 87
Technician 3 $ 93
Technician 4 $ 113
Life Science Professional – Grade 1 $ 93
Life Science Professional – Grade 2 $ 108
Life Science Professional – Grade 3 $ 118
Life Science Professional – Grade 4 $ 124
Life Science Professional – Grade 5 $ 129
Life Science Professional – Grade 6 $ 155
Life Science Professional – Grade 7 $ 190
Life Science Senior Consultant – Grade 8 $ 218
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Intern $ 82
Drafter $ 106
GIS $ 114
Admin $ 103
Engineering Professional Grade 1 $ 124
Engineering Professional Grade 2 $ 140
Engineering Professional Grade 3 $ 144
Engineering Professional Grade 4 $ 152
Engineering Professional Grade 5 $ 175
Engineering Professional Grade 6 $ 194
Engineering Professional Grade 7 $ 231
Engineering Senior Consultant, Grade 8 $ 257
These rates are billed for both regular and overtime hours in all categories.
Rates will increase up to 5% annually, at GEI’s option, for all contracts that extend beyond twelve (12) months after the date of
the contract. Rates for Deposition and Testimony are increased 1.5 times.
OTHER PROJECT COSTS
Third Party Project Charges – All third party project charges will be billed at cost plus a 5% service charge. Examples of
such charges include chemical laboratory charges; rented or leased equipment; printing and communication costs; shipping and
mailing costs; sample disposal costs; transportation costs, project permits, and licenses.
Field Equipment Charges – GEI-owned field equipment will be billed at the following rates:
Backpack and shoreline electro-fishers $ 191/day Invertebrate equipment package $ 66/day
Boat electro-fisher $ 494/day Flow meter $ 99/day
Boat only $ 309/day Multi-probe $ 187/day
IFIM equipment package $ 99/day
Transportation Charges - Automobile expenses for GEI or employee owned cars will be charged at the rate per mile set by
the Internal Revenue Service for tax purposes plus tolls and parking charges or at a rate negotiated for each project. When
required for a project, four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for
those vehicles. Travel costs including airfare, rental vehicles, taxis, parking, tolls, and other transportation charges will be billed
at cost plus 5% service charge.
Subsistence – Lodging and meal costs at job sites, and in transit to and from job sites, will be billed at cost plus 5% service
charge.
PAYMENT TERMS
Invoices will be submitted monthly or upon completion of a specified scope of service, as described in the accom panying
contract (proposal, project, or agreement document that is signed and dated by GEI and CLIENT). Payment is due upon receipt
of the invoice. Interest will accrue at the rate of 1% of the invoice amount per month, for amounts that remain unpaid more than
30 days after the invoice date. All payments will be made by either check or electronic transfer to the address specified by GEI
and will include reference to GEI’s invoice number.
92
RATES
Kevin Atkinson, ASGCA
Golf Architect Rate: $200/hr
Scott Laffin, PLA
Senior Design Associate Rate: $95/hr
CONTACT INFORMATION:
Kevin Atkinson
Atkinson Design Group
5438 Willow Springs Road
Morrison, Colorado 80465
(720) 530-5484
kevin@atkinsondesigngroup.com
93
TOPOGRAPHIC.COM
520 Stacy Court, Unit B | Lafayette, CO 80026 | T 303.666.0379 | F 817.744.7554
12265 W Bayaud Ave, Ste 130 | Lakewood, CO 80228 | T 303.989.1461 | F 817.744.7554
SCHEDULE OF COLORADO SURVEYING FEES - 2024/2025
The following rates are effective January 1, 2024 through December 31, 2025 and subject to re-negotiation at the
beginning of each calendar year. Overtime Rate for all personnel will be computed at 1.0 times the hourly rate for
excess over 40 hours per week.
FIELD SURVEY*
PERSONNEL SERVICES HOURLY
Field Supervisor $100.00
One-Person Survey Crew $165.00
Two-Person Survey Crew $190.00
Three-Person Survey Crew $235.00
DRAFTING/MAPPING/CALCULATIONS*
PERSONNEL SERVICES HOURLY
Team Lead $200.00
Sr. Project Manager (PLS) $175.00
Lead Project Manager (PLS) $145.00
Project Manager II $130.00
Project Manager I $120.00
Sr. Project Surveyor (PLS) $175.00
Lead Project Surveyor (PLS) $145.00
Project Surveyor II $130.00
Project Surveyor I $120.00
Survey Technician $110.00
Scanning Technician $110.00
Drafter $95.00
GIS Mapping Services $95.00
Clerical $75.00
Contract Administrator $158.00
*Inclusive of the established rates: all survey equipment, standard tools, field consumables and insurance
coverage on all employees and equipment.
OTHER REIMBURSABLE EXPENSES:
Mileage (travel to and from jobsite) $0.85/mi
4-Wheeler/UTV and trailer $100.00/day
Reproduction (Bond)$0.50/sf
Reproduction (Mylar)$2.75/sf
Per Diem Current govt rate
Lodging Current govt rate
3rd Party materials & services Cost
94
Prepared by
Wright Water Engineers, Inc.
818 Colorado Ave., Suite 307
Glenwood Springs, CO 81601
Scott Schreiber, P.E., CFM
(970) 945-7755
sschreiber@wrightwater.com
www.wrightwater.com
DHM, GEI, Atkinson Design Group, SŌLitude
Lake Management, and Topographic
August 7, 2024
Proposal to Design Riparian,
Floodplain, and Pond
Enhancements on the Vail Golf
Course for the Town of Vail
95
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:September 17, 2024
TIME:15 min.
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:10pm)
SUBJECT:Contract Award to MW Golden Constructors for the Artist in
Residence Studio Construction (6:10pm)
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with MW Golden Constructors for the
Artist in Residency Studio construction, not to exceed $1,214,904.00.
PRESENTER(S):Greg Hall, Director of Public Works and Transportation
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Artist in Residence Studio council Memo 091724
Artist in Residency Studio Presentation and Public Comment
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1
TO:Vail Town Council
FROM:Greg Hall, Director of Public Works, and Transportation
Molly Eppard, Art in Public Places Coordinator
DATE:September 17,2024
SUBJECT:Art in Public Places Artist in Residence Studio Construction Contract Award
I.SUMMARY
The purpose of this item is to award a contract for the construction of the Artist in
Residence Studio to the lowest bid, which came in within current budget for the project.
II.BACKGROUND
Historical timeline for the Ford Park Artist in Residence Studio:
June 2003 – Conditional Use Permit approved by PEC for the proposed use of an
Artist in Residence Studio at the site on lower bench of Ford Park.
December 2016 - $50,000 received from East West Partners for mitigation of the
Manor Vail development to re-explore benefits of a dedicated visual arts space and
to pursue design development of the existing structure as defined by the 2013 Ford
Park Master Plan:
o The Creekside area is a narrow strip of land south of Betty Ford Way and
north of Gore Creek. A few small structures (i.e. the “art shack”, an open-air
picnic shelter) are located in this area. Art in Public Places (AIPP) may
pursue remodeling or enhancing the art shack at some point in the future.
AIPP had placed permanent art installations in this area and also runs
summer art programs in this part of the Park. Art programs may include
activities such as interactive events, educational and participatory activities,
and temporary art installations. The passive use and the limited number of
permanent improvements within this area make it an excellent transition to
the more natural, undisturbed Gore Creek Preservation Sub-area.
December 17, 2019 – Informational update to Town Council on the findings, report
and structural evaluation by Harry Teague Architects.
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2
May 4, 2021 – Council directs AIPP to pursue design development as
recommended by staff after review of post structural evaluation with Harry Teague
Architects:
o Given the expense of working within and modifying an imperfect existing
structure, with pretty much no useful components, it makes by far the most
sense from an economic standpoint to build a new structure from scratch. In
addition, a new somewhat larger building could be designed within the site
parameters and accommodate the anticipated arts uses.
October 19, 2021 – Informational update to Town Council on further design
development.
February 15, 2022 – Informational update to Town Council on further design and
program development.
August of 2022, the Art in Public Places Board revised the program and design
intent to reflect an Artist in Residence Studio and have the building reflect the
artistic nature of the building. Building size was reduced from an approximately
1000 SF space to a 700 SF space.
January 3, 2023 – Presentation of the proposed studio space design as approved
by AIPP Board for the purposes of a year-round multi-disciplinary Artist in
Residence Studio by principal architect Harry Teague of Harry Teague Architects,
Basalt, CO. Received Council’s permission to proceed through the entitlement
process for the building.
February 21, 2023 - Planning and Environmental Commission approval of
Conditional Use permit.
October 4, 2023 – Design Review Board Approval for the studio.
December 2024 – Conceptual Pricing package released to contractor for pricing.
January 10, 2024 - Conceptual pricing received from contractors.
February 20,2024 - Revised pricing based on Value Engineering process.
March 5, 2024 - Town Council reviewed the building and revised the budget to
ensure the project would continue to move forward.
July 17, 2024 - Town Council directed staff to seek competitive bids for the
construction of Artist in Residence Studio building.
98
3
Construction Contract Procurement and Bid Results
The town prepared an Invitation to Bid for the Artist in Residence Studio based on Town
Council direction. The invitation was issued on August 7, 2024. Four construction firms
expressed interest in the project and downloaded the construction plans and bid
documents. A nonmandatory pre-proposal site walk was conducted August 9
th. Proposers
were required to submit questions to the Town which were due August 16
th. The Town
responded to the questions and provided additional direction on August 22
nd
through two addenda. The proposals were due September 4th. Two firms submitted
proposals. R A Nelson and MW Golden Constructors. The town reviewed the proposals
and issued a follow up inquiry requesting additional information and clarification on
September 6th and the two firms were required to respond on September 11th, both firms
met the conditions of the invitation to bid and follow up response.
After review and clarifications, MW Golden is the low responsive bidder. The contract can
be awarded within the budget of the overall project. The contract award is for $1,214,904.
The project is scheduled for substantial completion by May 23, 2025.
VI.ACTION REQUESTED
Staff requests that Town Council authorize the Town Manager to enter into a construction
contract to MW Golden Constructors in a form approved by the Town Attorney in an
amount not to exceed $1,214,904.
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:September 17, 2024
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings (6:25pm)
SUBJECT:Ordinance No. 11, Series of 2024, Second Reading, An Ordinance
Amending Chapter 10 of Title 7 of the Vail Town Code Regarding
Commercial Transportation (6:25pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 11,
Series of 2024 upon second reading.
PRESENTER(S):Commander Lachlan Crawford, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Council Memo - Commercial Transportation
Commercial Transportation-O082624
111
August 27, 2024
To:Vail Town Council
Through:Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
From:Justin Liffick
Deputy Chief of Police
Subject:Ordinance No. 11, Series of 2024, Amending Ordinance Chapter 10 of Title 7
Town of Vail Municipal Code Regarding Commercial Transportation
The Vail Police Department is requesting that Town Council adopt the recommended changes to
Chapter 10 Title 7 of the Town of Vail Municipal Code regarding Commercial Transportation.
The amendments recommended cover the definition of “Bus Operators” and “Loading and
Unloading Areas.”
The amended Town Ordinance also updates the “Commercial Operator” conduct and
requirement for “Identification” requiring each company to “conspicuously display the name of
the company to which the permit applies on each vehicle.”
The adoption of these amendments to this ordinance will provide more efficient traffic
movement and protect pedestrian safety through the restriction of Commercial Operators in
certain areas of the Town of Vail.
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ORDINANCE NO. 11
Series of 2024
AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING COMMERCIAL TRANSPORTATION
WHEREAS, the Town desires to clarify various provisions regarding commercial
transportation permits in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.The definition of "Bus Operators" and "Loading and Unloading
Areas" in Section 7-10-2 of the Vail Town Code are hereby amended as follows:
BUS OPERATORS. Commercial operators engaged in the business of
providing passenger transportation in motor vehicles having a capacity of
26 or more persons, or as otherwise defined by the Colorado Public Utilities
Commission, except for vehicles operated by the Town and commercial
operators regulated by the federal government, such as Greyhound.
LOADING AND UNLOADING AREAS. Those areas authorized for
passenger loading and unloading as shown on the Loading and Unloading
Areas map on the Town website. on file with the Town Manager and
available for inspection during regular business hours.
Section 2.Section 7-10-2 of the Vail Town Code is hereby amended by the
deletion of the following definitions: "Infrequent User" and "Oversized Vehicle".
Section 3.Section 7-10-3(A) of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
7-10-3 PERMIT REQUIRED.
(A)Every commercial operator shall register with the Town and obtain a
permit for each vehicle in the commercial operator's fleet at least 30 days
prior to each transportation year. The Town shall issue a permit to the
vehicles of any commercial operator who agrees to continuously satisfy the
terms and conditions of this Chapter.
(B)A permit fee, in an amount set annually by the Town Manager, shall
be required with every application.
(C)The permit shall be permanently affixed to the vehicle front
windshield on the lower passenger’s side window for each permit and visible
to the public.
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(D)If a permit is damaged, a new permit will be issued only when the
remains of the damaged permit are returned to the Town.
Section 4.Section 7-10-7 of the Vail Town Code is hereby amended as follows:
§ 7-10-7 CONDUCT.
Commercial operators shall abide by the following rules of conduct.
***
(H)Oversized vehicles Commercial Operator. To ensure efficient traffic
movement and protect pedestrian safety, the Town may restrict oversized
vehicles Commercial Operators from certain areas of the Town as detailed
on the Loading and Unloading Areas map on the Town Website., and such
restrictions shall be indicated by appropriate signage.
(I)Identification. Commercial Operators shall conspicuously display the
name of the company to which the permit applies on each vehicle.
Section 5.Section 7-10-9 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§ 7-10-9 VIOLATION; PENALTY.
(A)Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B)Civil Enforcement:
(1)If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2)Civil violations shall be subject to the following fines and
penalties:
(a)First violation in any twelve (12) month period: $500 fine.
(b)Second violation in any twelve (12) month period: $750 fine.
(c)Third violation in any twelve (12) month period: $1,000 fine.
(d)Fourth violation in any twelve (12) month period: $1,000 fine
and permit revocation for one (1) year from the date of the violation.
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(3)All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4)If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(D)Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(E)Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance, and injunctive relief.
Section 6.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 7.The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 8.The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 9.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of September, 2024 and
a public hearing for second reading of this Ordinance set for the 17th day of September,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of September, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:September 17, 2024
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings (6:25pm)
SUBJECT:Ordinance No. 12, Series of 2024, Second Reading, An Ordinance
Approving the Conveyance of Real Property Owned by the Town
of Vail, Described as Lot 2, Timber Ridge Subdivision to Lion's
Ridge Apartment Homes, LLC (6:30pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 12,
Series of 2024, upon second reading.
PRESENTER(S):Jason Dietz, Housing Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
220903 Council Ord memo
Ordinance No. 12 Series of 2024 Lot 2 Timber Ridge Property Conveyance 09032024
Lions Ridge Apartment Homes LLC Ground Lease 9102014
117
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To: Vail Town Council
From: Jason Dietz, Housing Director
Russ Forrest, Town Manager
Matt Mire, Town Attorney
Date: September 17, 2024
Re:Ordinance No. 12, Series of 2024 – An Ordinance Authorizing the Conveyance of Real
Property Owned by the Town of Vail, Described as Lot 2, Timber Ridge Subdivision
I.Purpose
The purpose of this agenda item is to hold a public hearing on an ordinance approving the
conveyance of real property owned by the Town of Vail to Lion’s Ridge Apartment Homes, LLC
pursuant to the terms of a recorded Ground Lease Agreement.
A copy of Ordinance No. 12, Series of 2024 and a copy of the Ground Lease Agreement are
attached for reference.
This agenda items advances the critical actions identified in the Vail Town Council Action Plan,
furthers the adopted housing goal of the Town of Vail, and aids Vail in realizing its vision to be
the premier international mountain resort community and as a national leader in the delivery of
housing solutions for its community residents.
II.Background
In 2014, the Town of Vail and Lion’s Ridge Apartment Homes, LLC entered into a ground lease
agreement to facilitate the development of the Lion’s Ridge Apartments. Of significance, the
ground lease agreement contained a provision granting Lion’s Ridge Apartment Homes, LLC an
option to purchase the leaseholder area governed by the ground lease agreement. In doing so,
the terms (i.e. purchase price, notice provisions, title insurance requirements, closing period,
118
Town of Vail Page 2
conveyance provisions) for the option were previously negotiated and documented in the
agreement. On August 19, 2024, the Town of Vail received written notice of the intent to
exercise the option to purchase.
III.Ordinance No. 12, Series of 2024
Pursuant to the Vail Town Charter, the conveyance of real property owned by the Town of Vail
shall be subject to an approving ordinance of the Vail Town Council.
IV.Recommendation
There were no changes to the ordinance during first reading. The Town Manager’s office
requests that the Vail Town Council approves Ordinance No. 12, Series of 2024, as presented
and read.
119
ORDINANCE NO.12
Series of 2024
AN ORDINANCE APPROVING THE CONVEYANCE OF REAL PROPERTY
OWNED BY THE TOWN OF VAIL,DESCRIBED AS LOT 2, TIMBER RIDGE
SUBDIVISION TO LION’S RIDGE APARTMENT HOMES, LLC
WHEREAS, the Town of Vail (“Town”) and Lion’s Ridge Apartment Homes,
LLC (“Purchaser”) are parties to a certain Ground Lease Agreement, dated September
10, 2014 (the “Agreement) which sets forth in Section 27 of the Agreement the terms
for the option to purchase Lot 2, Timber Ridge Subdivision;
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to convey the Property to Purchaser pursuant to the
terms of the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The sale of the Property is hereby authorized and approved by the Town
Council pursuant to the terms of the Agreement. The Town Manager is hereby authorized
to execute and deliver, on behalf of the Town, a special warranty deed for the sale of the
Property and to take whatever steps are necessary to complete the sale of the Property
to meet the Town's obligation pursuant to the Agreement.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
120
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _____________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
121
EXHIBIT A
Legal Description
Final Plat, Timber Ridge Subdivision, Lot 2, Town of Vail, County of Eagle, State of
Colorado
122
GROUND LEASE
This GROUND LEASE (the "Lease ") is entered into as of September , 2014 (the
Effective Date ") by and between the Town of Vail, a Colorado home rule municipality (the
Town "), and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company
Tenant ") (each individually a "Party" and collectively the "Parties ").
WHEREAS, the Town is the owner of certain real property more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property ");
WHEREAS, the Parties desire to allow for the redevelopment of the Property for
employee housing;
WHEREAS, to accomplish the redevelopment of the Property for employee housing, the
Town will retain fee ownership of the Property, but the Town will provide Tenant with a long-
term ground lease of the Property; and
WHEREAS, the Parties wish to establish terms of the long -term ground lease.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as
follows:
1. Lease. The Town, in consideration of the rents, covenants, agreements, and conditions
herein set forth which Tenant hereby agrees shall be paid, kept, and performed, does hereby lease
unto Tenant, and Tenant does hereby lease from the Town, the Property together with all of the
Town's rights, interests, estates, and appurtenances thereto.
2. Term. This Lease shall commence on the Effective Date and unless earlier terminated as
provided herein, shall terminate on September 30, 2064.
3. Rent and Security Deposit. The total rent for the period from the Effective Date through
December 31, 2024 is the sum of $10. Tenant has paid such sum to the Town on the date hereof,
the receipt of which is hereby acknowledged. Commencing on January 1, 2025 and each year
thereafter during the term of this Lease, Tenant shall pay to the Town annual rent in the amounts
set forth below.
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Period Annual Rent
January 1, 2025 through December 31, 2029 125,000
January 1, 2030 through December 31, 2034 140,625
January 1, 2035 through December 31, 2039 158,200
January 1, 2040 through December 31, 2044 177,975
January 1, 2045 through December 31, 2049 200,220
January 1, 2050 through December 31, 2054 225,250
January 1, 2055 through December 31, 2059 253,400
January 1, 2060 through September 30, 2064 285,075
The annual rent shall be paid in twelve equal monthly installments on the first day of each
month. There shall be no security deposit.
4. Permitted Uses. Subject to the terms and provisions hereof, Tenant shall use and enjoy
the Property to construct and operate 112 dwelling units (the "Improvements "), at least 70% of
which shall be employee housing units in full compliance with the deed restriction attached
hereto as Exhibit B and incorporated herein (the "Deed Restriction "), the Development
Agreement between the Town and Tenant and applicable law, including without limitation the
Vail Town Code, as amended. Tenant will not do, or permit to be done, anything on the Property
which is contrary to any legal or insurable requirement or which constitutes a nuisance.
5. Taxation.
a. The Parties acknowledge their intent that the Property is to be exempt from ad
valorem property taxes pursuant to C.R.S. § 29 -4 -227, by virtue of a 0.01% ownership interest in
Tenant held by the Town.
b. Tenant may, at its sole cost and expense, contest the validity or amount of any
taxes imposed against the Property.
6. Utilities. Tenant shall pay all charges for gas, electricity, telephone and other
communication services, and all other utilities and similar services rendered or supplied to the
Property, and all water, sewer and other similar charges levied or charged against, or in
connection with, the Property.
7. Net Lease. This Lease shall be a net lease, and throughout the Term, all payments and
other obligations or liabilities of any kind regarding the Property shall be solely the responsibility
of Tenant, and not the responsibility of the Town.
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8. Existing Conditions. As of the Effective Date, Tenant has inspected the physical
condition of the Property and receives the Property in "as is" condition, with all faults. The
Town makes no representations or warranties with respect to the condition of the Property or its
fitness or availability for any particular use, and the Town shall not be liable to Tenant for any
latent or patent defect on the Property. The Town owns all the improvements existing on the
Property as of the date of the Lease, which existing improvements may be removed by Tenant
prior to the construction of the Improvements.
9. Hazardous Materials.
a. Though the Town has no actual knowledge of the presence of any hazardous
materials or other adverse environmental conditions on the Property, the Town makes no
warranty regarding such materials or conditions.
b. Tenant shall keep and maintain the Property in compliance with, and shall not
cause or permit the Property to be in violation of, any federal, state, or local laws, ordinances or
regulations relating to industrial hygiene or to the environmental conditions ( "Hazardous
Materials Laws ") on, under, about, or affecting the Property. Tenant shall not use, generate,
manufacture, store, or dispose of on, under or about the Property or transport to or from the
Property any flammable explosives, radioactive materials, hazardous wastes, asbestos, lead -
based paints, toxic substances, or related materials, including without limitation any substances
defined as or included in the definition of hazardous substances, hazardous wastes, hazardous
materials, or toxic substances under any applicable federal or state laws or regulations
collectively referred to hereinafter as "Hazardous Materials ").
C. Notwithstanding the above, the Parties understand and agree that Tenant, in the
course of construction of the Improvements, may generate biohazardous waste materials due to
procedures performed within the primary structure. Tenant shall be solely responsible for the
proper storage and removal of these biohazardous waste materials from the property. Tenant
shall be solely responsible for, and shall indemnify and hold harmless the Town, its directors,
officers, employees, agents, successors, and assigns from and against, any loss, damage, cost,
expense, or liability directly or indirectly arising out of or attributable to Tenant's use,
generation, storage, release, threatened release, discharge, disposal, or presence of biohazardous
Materials on, under or about the Property.
10. Construction of Improvements. The Improvements shall be constructed in accordance
with the Development Agreement.
11. Ownership of Improvements.
a. During the Term, all Improvements shall be solely the property of Tenant, and
Tenant shall be entitled to take tax depreciation thereon, to the extent permitted by law.
b. Upon termination of this Lease, except as otherwise provided in Section 27,
Tenant shall surrender to the Town, free and clear of all debt and other encumbrances, all
improvements, inclusions, fixtures, equipment and other appurtenances on the Property in good
condition and repair. During the Term, the Town shall have a right to inspect the Property on an
annual basis to review the condition of the improvements.
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12. Maintenance and Repairs.
a. Tenant agrees to maintain the Property throughout the Term of this Lease, at
Tenant's own expense, in good working order, in a clean and safe manner. Such maintenance
shall include all work necessary to maintain the Property in a first -class condition consistent with
similar projects in the Town, including both interior and exterior repairs.
b. Throughout the Term of this Lease, Tenant shall, at its own expense, provide all
janitorial, landscaping, trash removal, snow removal and other services required for the proper
maintenance of the Property.
C. Should Tenant fail to perform the required maintenance or repairs after 30 days
written notice from the Town, the Town may, but has no obligation to, perform such
maintenance or repairs and invoice Tenant for the costs of such maintenance, plus 8% interest.
Tenant shall pay such invoice within 30 days of receipt thereof, and Tenant's failure to do so
shall constitute a Tenant Default.
13. Prope , Management. Throughout the Term of this Lease, Tenant shall provide for
professional management of the ongoing use and operation of the Property (either through an
independent third party or an affiliate or agent of Tenant).
14. Insurance. Tenant shall maintain the following insurance, and certificates of such
insurance shall be furnished to the Town prior to the commencement of this Lease and at each
subsequent policy renewal date:
a. Commercial general liability insurance, including contractual liability, with limits
of not less than $2,000,000 per occurrence for bodily injury, personal injury and property
damage, naming the Town as an additional insured.
b. Fire and extended coverage insurance covering the Property for injury or damage
by the elements, or through any other cause, in an amount not less than the full actual
replacement cost of the Property, common areas, and appurtenances, and sufficient to prevent the
Town or Tenant from becoming a co- insurer of any partial loss.
C. During the course of any construction or repair of Improvements, Builders' Risk
Insurance.
15. Indemnification. Tenant agrees to indemnify, defend, and hold the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns harmless from and against
any and all claims, liability, damages, losses, expenses and demands, including reasonable attorney
fees, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss
of any kind whatsoever, which arise out of or are in any manner connected with this Lease or
Tenant's use of the Property; provided however, that Tenant shall not indemnify, defend or hold
the Town harmless for the Town's own negligence or willful acts or omissions.
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16. Restoration. Should any Improvements be wholly or partially destroyed or damaged by
fire or other casualty, Tenant shall promptly repair, replace, restore, and reconstruct the same, all
in compliance with the provisions of this Lease.
17. Condemnation.
a. Full taking. Should the entire Property be taken by eminent domain,
condemnation or similar proceedings or conveyed in avoidance or settlement of eminent domain,
condemnation, or other similar proceedings, then Tenant's right of possession under this Lease
shall terminate as of the date of taking possession by the condemnor, and the award therefor will
be distributed as follows: first, to the payment of all reasonable fees and expenses incurred in
collecting the award; and next, the balance of the award shall be equitably apportioned between
the Town and Tenant based on the then respective fair market values of the Town's interest in the
Property and Tenant's interest in the Property. All rent shall be prorated through the date of
termination.
b. Partial Taking. Should a portion of the Property be taken by eminent domain,
condemnation or similar proceedings, this Lease shall continue in effect as to the remainder of
the Property unless, in Tenant's reasonable judgment, the taking makes it economically unsound
to use the remainder, whereupon this Lease shall terminate as of the date of taking of possession
by the condemnor in the same manner as if the whole of the Property had been taken, and the
award therefor shall be distributed as provided in subsection (a) hereof. If this Lease is not
terminated, all rent shall be equitably adjusted based on the portion of the Property taken. If this
Lease is terminated, all rent shall be prorated through the date of termination.
C. Temporary Taking. If any portion of the Property is taken for temporary use or
occupancy, the Term shall not be reduced or affected. Except to the extent Tenant is prevented
from so doing pursuant to the terms of the order of the condemning authority, Tenant shall
continue to perform and observe all of the other covenants, agreements, terms, and provisions of
this Lease. If Tenant continues to perform its obligations under this Lease throughout the term of
the temporary taking, Tenant shall be entitled to the full award for a temporary taking.
18. Assignment. Tenant may assign its rights under this Lease if the new tenant assumes in
writing all covenants and obligations of Tenant under this Lease, including without limitation all
obligations of Tenant under the Deed Restriction. Tenant shall thereupon be released and
discharged from all obligations under this Lease, but such obligations shall be binding upon the
new tenant. Notwithstanding the foregoing, Tenant may not assign its rights hereunder prior to
the issuance of final certificates of occupancy for all units in the Improvements, and Tenant may
not assign its rights hereunder if Tenant is in default of this Lease.
19. Subleasing.
a. Tenant may freely execute subleases in compliance with this Lease, the Deed
Restriction and applicable law, provided that the term of each such sublease (including all
renewal and extension rights) shall not extend past the expiration date of the Term.
b. Each sublease shall specifically provide that the sublessee's rights are subject to
the Town's rights under this Lease and the Deed Restriction, and shall provide that upon a
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termination of this Lease or of Tenant's right to possession of the Property such sublease, at the
Town's option, shall continue in effect as a lease directly between the Town and the sublessee
thereunder, provided that the sublessee attorns to the Town, the Town shall not be responsible for
the return or repayment of any security or other deposits made by such sublessee with Tenant
unless Tenant has turned the same over to the Town, and the Town shall not be liable or
responsible for the cure or remedy of any breach, violation, or default on the part of Tenant under
subleases occurring prior to termination of this Lease or of Tenant's right to possession of the
Property. Tenant shall give a copy of each sublease to the Town upon request.
20. Tenant's Right to Encumber.
a. Leasehold. Tenant may, at any time, without the Town's consent or joinder,
encumber its interest in this Lease and the leasehold estate hereby created with one or more
deeds of trust, mortgages, or other lien instruments to secure any borrowings or obligations of
Tenant. No lien of Tenant upon its interest in this Lease and the leasehold estate hereby created
shall encumber or affect in any way the interest of the Town in the Property.
b. No Merger. In no event shall the leasehold interest, estate, or rights of Tenant
hereunder, or of the holder of any mortgage upon the Lease, merge with any interest, estate, or
rights of the Town in or to the Property, it being understood that such leasehold interest, estate,
and rights of Tenant hereunder, and of the holder of any mortgage upon this Lease, shall be
deemed to be separate and distinct from the Town's interest, estate, and rights in or to the
Property, notwithstanding that any such interests, estates, or rights shall at any time or times be
held by or vested in the same person, corporation, or other entity.
21. Quiet Enjoyment. The Town covenants that Tenant, on paying the Rent and performing
and observing the obligations of this Lease, shall peaceably and quietly have, hold, occupy, use,
and enjoy the Property during the Term, and may exercise all of its rights hereunder, subject only
to the provisions of this Lease, the Deed Restriction and applicable law.
22. Access.
a. The Town shall have access to the Property at all times following reasonable prior
notice to Tenant to inspect the Property, provided that the Town shall use reasonable efforts not
to disturb Tenant's use of the Property or the occupants of the Improvements.
b. At no time shall Tenant eliminate access to or the ability to safely occupy or
operate the Timber Ridge housing units currently existing on the real property adjacent to the
Property, as more particularly described on Exhibit C, attached hereto and incorporated herein
by this reference (the "Adjacent Property "). The Town shall have unrestricted access to the
Adjacent Property at all times.
23. Tenant Default and Remedies.
a. Each of the following is a Tenant default of this Lease:
i. If Tenant fails to perform any of its obligations under this Lease or the
Deed Restriction and Tenant fails to commence and take such steps as are necessary to
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remedy the same within 30 days after Tenant is given a written notice specifying the
same; provided, however, that if the violation is a violation of this Lease and not a
violation of the Deed Restriction, and the nature of the violation is such that it cannot
reasonably be remedied within 30 days, and Tenant provides evidence to the Town that
the violation cannot reasonably be remedied within 30 days, then the violation shall be
remedied as soon as reasonably practicable, but in any case, within 180 days of the
original notice of violation.
ii. If an involuntary petition is filed against Tenant under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a receiver of
Tenant, or of all or substantially all of the property of Tenant, is appointed without
acquiescence, and such petition or appointment is not discharged or stayed within 120
days after the happening of such event.
iii. If Tenant makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under
any other law for the benefit of debtors.
b. If a Tenant default occurs, the Town may, without waiving any other rights
hereunder or available to the Town at law or in equity (the Town's rights being cumulative),
terminate this Lease, in which event this Lease and the leasehold estate hereby created and all
interest of Tenant and all parties claiming by, through, or under Tenant shall automatically
terminate upon the effective date of such notice; and the Town, its agents or representatives, may,
without further demand or notice, reenter and take possession of the Property and remove all
persons and property from the Property with or without process of law, without being deemed
guilty of any manner of trespass and without prejudice to any remedies for existing breaches
hereof.
C. In addition to the specific remedies set forth herein, the Town shall have all other
remedies available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy.
24. Town Default and Remedies.
a. The following is a Town default of this Lease: if the Town fails to perform any of
Us covenants or obligations under this Lease and fails to commence and take such steps as are
necessary to remedy the same within 30 days after written notice is given specifying the same;
provided, however, that if the nature of the violation is such that it cannot reasonably be
remedied within 30 days, and the Town provides evidence to Tenant that the violation cannot
reasonably be remedied within 30 days, then the violation shall be remedied as soon as
reasonably practicable, but in any case, within 180 days of the original notice of violation.
b. If a Town default occurs, Tenant may terminate this Lease.
C. In addition to the specific remedy set forth herein, Tenant shall have all other
remedies available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy, provided that the remedy of specific performance shall not be
available against the Town.
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25. Notices. Any notice under this Lease shall be in writing and may be given by United
States Mail, postage prepaid, addressed as set forth herein; or hand - delivery. Notice shall be
effective three days after mailing or immediately upon hand - delivery. The addresses of the
Parties shall, unless changed in writing, be as follows:
The Town: Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Tenant: Lion's Ridge Apartment Homes, LLC
200 North Main Street
Oregon, WI 53575
Attn: Gary J. Gorman
With a copy to: Jen Wright
Wright and Company, Inc.
P.O. Box 7270
Avon, CO 81620
26. Surrender. On the last day of the term of this Lease or upon any termination of this
Lease, except as otherwise provided for in Section 27, Tenant shall surrender the Property, with
the Improvements then located thereon, into the possession and use of the Town, without fraud
or delay and in good order, condition, and repair, free and clear of all occupancies, liens and
encumbrances, without any payment or allowance whatever by the Town for any buildings or
improvements erected or maintained on the Property at the time of the surrender, or for the
contents thereof or appurtenances thereto.
27. Option to Purchase.
a. The Town hereby grants to Tenant an option to purchase the Property in
accordance with the terms set forth below (the "Option "). Tenant may exercise this option by
providing written notice thereof to the Town at any time following the Town's issuance of final
Certificates of Occupancy for all units in the Improvements, and prior to December 31, 2024, as
long as Tenant is not in default of this Lease.
b. If Tenant exercises the Option, the closing of such purchase shall occur on a date
selected by Tenant not more than 90 days after Tenant has delivered the written notice exercising
the Option. If Tenant has not delivered to the Town written notice of it exercise of the option by
December 31, 2024, the Option shall terminate and be of no further force or effect.
C. The purchase price to be paid by Tenant for the Property shall be the sum of
5 million. The Town shall, at closing, upon payment of the purchase price, convey the Property
as is" to Tenant by special warranty deed, subject to the Deed Restriction and any subleases
executed by Tenant pursuant to Section 19, but free and clear of all other liens, mortgages or
encumbrance of any kind and nature other than recorded easements, matters arising by or as a
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result of the action of Tenant during the term of the Lease and matters to which Tenant has
consented in writing during the term of the Lease.
d. The Town shall provide to Tenant, at least 30 days prior to the date of closing, a
commitment for an owner's title insurance policy, in the amount of purchase price, from Chicago
Title Insurance Company (or another title insurance company reasonably acceptable to Tenant),
naming Tenant as the insured. The Town shall, at its expense, cause the title insurance company
to issue the title insurance policy at closing.
e. In the event Tenant exercises the Option, the Lease shall terminate at the closing
of Tenant's purchase of the Property and all rent shall be prorated through such date, provided
that the indemnification provisions of Section 15 shall survive termination of the Lease.
28. Miscellaneous.
a. Modification. This Lease may only be modified by subsequent written agreement
of the Parties.
b. Integration. This Lease and any attached exhibits constitute the entire agreement
between Tenant and the Town, superseding all prior oral or written communications.
C. Binding Effect. This Lease shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors and assigns.
d. Severability. If any provision of this Lease is determined to be void by a court of
competent jurisdiction, such determination shall not affect any other provision hereof, and all of
the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Lease shall be governed by the laws of the State
of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle
County, Colorado.
f. Third Parties. There are no intended third -party beneficiaries to this Lease.
g. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be
a joint venture in any private entity or activity which participates in this Lease, and the Town
shall never be liable or responsible for any debt or obligation of any participant in this Lease.
h. Governmental Immunity. The Town and its officers, attorneys and employees,
are relying on, and do not waive or intend to waive by any provision of this Lease, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended, or otherwise available to
the Town or its officers, attorneys or employees.
i. Time of the Essence. Time is of the essence for all provisions of this Lease.
j. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution,
any financial obligations of the Town under this Lease are specifically contingent upon annual
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appropriation of funds sufficient to perform such obligations. This Lease shall never constitute a
debt or obligation of the Town within any statutory or constitutional provision.
WHEREFORE, the Parties have executed this Lease on the Effective Date.
STATE OF
ss.
COUNTY OF )
TOWN OF VAIL, COLORADO
C
Stan emler, Town Manager
TENANT
LION'S RIDGE APARTMENT HOMES, LLC
BY GORMAN ENOYEE COUP LION'S
RIDGE, LLC alter / I
BY GOKMA1 & C(IMPANY, INC.,
IMAIMI iVPM
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this 3 0
day of September, 2014, by Gary J. Gorman, the President of Gorman & Company,
Inc., the Manager of Gorman Employee Group Lion's Ridge, LLC, the Manager of Lion's Ridge
Apartment Homes, LLC.
My commission expires: 1 Z - 13- k S
SEAL) (.
11
sAd i X.
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A
Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado
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EXHIBIT B
DEED RESTRICTION
FOR THE OCCUPANCY OF RESTRICTED UNITS
AT LION'S RIDGE APARTMENT HOMES
THIS DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT
LION'S RIDGE APARTMENT HOMES (the "Deed Restriction ") is made and entered into this
day of September, 2014 (the "Effective Date "), by and between the Town of Vail, a
Colorado home rule municipality (the "Town "), and Lion's Ridge Apartment Homes, LLC, a
Colorado limited liability company ( "Master Lessee ") (individually a "Party" and collectively the
Parties ").
WHEREAS, the Town is the owner of certain real property generally described as the
eastern half of the Timber Ridge property and more particularly described in Exhibit 1 attached
hereto and incorporated herein by this reference (the "Property ");
WHEREAS, the Parties desire to allow for the redevelopment of the Property for
employee housing; and
WHEREAS, the Town, as landlord, and Master Lessee as tenant, have entered into a
Ground Lease for the Property (the "Ground Lease ").
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. Defined Terms. For purposes of this Deed Restriction, the following terms shall
have the following meanings:
Principal place of residence" means the dwelling in which one's habitation is
fixed and to which a person, whenever he or she is absent, has a present intention of
returning after an absence therefrom. In determining what is a principal place of
residence, the Town and Master Lessee may consider, without limitation: location of
business pursuits; employment and income sources; residence for tax purposes; residence
of parents, spouse and children, if any; location of personal property; motor vehicle
registration; and voter registration.
Qualified Household" means one Qualified Resident or a group of persons that
contains at least one Qualified Resident (who must sign the Unit lease as a tenant). A
Qualified Household may have occupants that are not Qualified Residents (and who may
also sign the Unit lease as tenants) as long as at least one occupant who has signed the
lease is a Qualified Resident.
Qualified Resident" means a natural person who works an average of 30 hours or
more per week at a business in Eagle County, Colorado that holds a valid and current
business license, or pays sales taxes, or is otherwise generally recognized as a legitimate
business. For example, if a person worked 60 hours per week for one half of the year at
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such a business in Eagle County, Colorado, and worked elsewhere for the other half of
the year, such person would constitute a Qualified Resident.
Rental Guidelines" means the guidelines attached as Exhibit 2 hereto and
incorporated herein by this reference.
Restricted Unit" means a Unit that is rented to a Qualified Household pursuant to
the terms of this Deed Restriction.
Unit" means each of the residential dwelling units constructed on the Property.
2. Binding Effect. This Deed Restriction shall constitute a covenant running with
the Property as a burden thereon, for the benefit of, and enforceable by the Town and the Master
Lessee. This Deed Restriction shall bind the Master Lessee and all occupants of the Restricted
Units. Each and every occupant of a Restricted Unit shall be personally obligated hereunder for
the full and complete performance and observance of all covenants, conditions and restrictions
contained herein that are applicable to such occupant during such occupant's respective period of
occupancy of a Restricted Unit. Each and every conveyance of the Property or a portion thereof,
or interest therein, for all purposes, shall be deemed to include and incorporate by this reference,
the covenants contained in this Deed Restriction, even without reference to this Deed Restriction
in any document of conveyance.
3. Occupancy.
a. The Master Lessee covenants that at least 70% of the total Units in the
Property shall be Restricted Units. The Parties acknowledge that the Restricted Units are
not fixed and may float so long as at least 70% of the total Units are Restricted Units.
For example, assume that the Property contains 100 Units. If 75 of the Units are rented
to Qualified Households, and one of such Units becomes vacant, such Unit may
thereafter be rented to occupants who are not a Qualified Household, because at least 70
of the Units remain occupied by Qualified Households.
b. The Property may contain two additional common areas that shall not
qualify as Units, one area to be used by property management personnel, maintenance
personnel or security personnel, and one area to be used as a leasing or marketing office.
Because such common areas are not considered Units under this Deed Restriction, they
shall not be included in the calculation of Restricted Units; provided however, that if such
common areas are ever converted into Units, they shall be included in the calculation of
Restricted Units.
C. A Qualified Resident must occupy the Restricted Unit as his or her
principal place of residence. If other occupants of the Restricted Unit are not Qualified
Residents, the Restricted Unit need not be their principal place of residence.
d. At any time that the number of Restricted Units falls below 70% of the
total Units, Master Lessee shall promptly take commercially reasonable efforts in
accordance with applicable law and the Rental Guidelines to lease the next Units coming
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available for rent to Qualified Households in accordance with this Deed Restriction and
the Rental Guidelines, until at least 70% of the total Units are Restricted Units.
4. Unit Lease. No Unit shall be leased or occupied without a Unit lease. Each Unit
shall have only one Unit lease at any one time. Each Restricted Unit lease shall include a clear
reference to this Deed Restriction and a brief summary of this Deed Restriction, including the
remedies upon a violation or breach of the terms of this Deed Restriction, and shall incorporate
the terms and conditions of this Deed Restriction.
5. Right To Terminate Lease. Nothing herein shall prevent the Master Lessee from
terminating the lease of a Qualified Household, or taking any other legal action against the
Qualified Household based upon any tenant's breach of the terms of the lease; provided that if a
tenant misrepresents his or her status as a Qualified Resident, Master Lessee shall terminate the
Unit lease in addition to any other available remedies.
6. Inspection. In a non - emergency situation, if the Town or Master Lessee has
reasonable cause to believe that an occupant of a Restricted Unit is violating any provision of
this Deed Restriction, the Town or Master Lessee may inspect the Restricted Unit between the
hours of 8:00 am and 5:00 pm, Monday through Friday, after providing the occupant with no less
than 24 hours written notice, which notice to tenant may be given by posting on the front door of
the applicable Restricted Unit. Nothing herein shall preclude the Town or Master Lessee from
accessing a Restricted Unit in an emergency situation where there is an imminent threat to
person(s) or property.
7. Annual Verification. No later than February I' of each year, beginning in the
year following the first year of occupancy of the Property, Master Lessee shall submit a written
statement to the Town including the following information and stating that such information is
true and correct to the best of Master Lessee's knowledge and belief-
a. Evidence to establish that 70% of the Units were Restricted Units (i.e.,
occupied by Qualified Households) during the prior calendar year;
b. A list of tenants who occupied the Restricted Units in the prior calendar
year and the evidence submitted by such tenants to establish that they were Qualified
Residents and/or Qualified Households;
C. A copy of the lease form currently used for the Restricted Units; and
d. Copies (which may be electronic) of all application information submitted
by Qualified Residents actually occupying Restricted Units; provided that such copies
will only be provided for one Qualified Resident per Restricted Unit, even if more than
one Qualified Resident occupies such Restricted Unit.
8. Violations.
a. If Master Lessee discovers a violation of this Deed Restriction by an
occupant, or if the Town notifies Master Lessee in writing that there is a violation of this
Deed Restriction by an occupant, Master Lessee shall send a notice of violation to the
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occupant detailing the nature of the violation and allowing the occupant 10 days from the
date of the notice to cure said violation to the reasonable satisfaction of Master Lessee
and the Town. Notice may be given by posting on the front door of the applicable Unit
or by other lawful means. If the violation is not cured within such time, the violation
shall be considered a violation of this Deed Restriction by the Unit occupant.
b. If the Town discovers a violation of this Deed Restriction by Master
Lessee, the Town shall send a notice of the violation to Master Lessee, detailing the
nature of the violation and allowing Master Lessee 30 days from the date the notice is
given to cure said violation to the reasonable satisfaction of the Town. If a forcible entry
and detainer is necessary to resolve the violation, the forcible entry and detainer shall be
commenced within such 30 -day period and diligently prosecuted to completion. If the
violation if not cured within such time, the violation shall be considered a violation of
this Deed Restriction by Master Lessee.
9. Remedies.
a. The Town and Master Lessee shall have any and all remedies provided by
law and in equity for a violation of this Deed Restriction, including without limitation:
i) damages, including but not limited to damages resulting from the leasing of a
Restricted Unit in violation of this Deed Restriction; (ii) specific performance; and (iii)
injunction, including without limitation an injunction requiring eviction of the
occupant(s) and an injunction to prohibit the occupancy of a Restricted Unit in violation
of this Deed Restriction. All remedies shall be cumulative.
b. In addition to any other available remedies, if Master Lessee is found to be
in violation this Deed Restriction (after expiration of any cure period), Master Lessee
shall be subject to a penalty of $100 per violation as determined by the Town in each
instance. Each occurrence is hereby deemed to be a separate violation of this Deed
Restriction, and the penalty may be imposed for each and every day during any portion of
which a violation is found to have been committed, continued or permitted by Master
Lessee. This penalty shall not apply if it is discovered that an occupant provided false
information to Master Lessee, Master Lessee reasonably relied on such false information,
and the false information caused the violation.
C. If addition to any other available remedies, if an occupant of a Restricted
Unit is found to be in violation of this Deed Restriction (after expiration of any cure
period), the occupant shall be subject to a penalty of $100 per violation as determined by
the Town in each instance. Each occurrence is hereby deemed to be a separate violation
of this Deed Restriction, and the penalty may be imposed for each and every day during
any portion of which a violation is found to have been committed or continued by an
occupant.
d. The cost to the Town of any activity taken in response to any violation of
this Deed Restriction by the Master Lessee, including reasonable attorney fees, shall be
paid promptly by Master Lessee; provided that, if the Town or a court of competent
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jurisdiction finds that Master Lessee was not in violation of this Deed Restriction, Master
Lessee shall not be liable for such payment.
10. Term. This Deed Restriction shall commence on the Effective Date and shall run
with the Property in perpetuity.
11. Modification. This Deed Restriction may only be modified by subsequent written
agreement of the Parties.
12. Assi nment. Neither this Deed Restriction nor any of the rights or obligations of
the Parties hereto shall be assigned by either Party without the written consent of the other.
13. Severability. If any provision of this Deed Restriction is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision hereof,
and all of the other provisions shall remain in full force and effect.
14. Governing Law and Venue. This Deed Restriction shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
15. Third Parties. There are no intended third -party beneficiaries to this Deed
Restriction.
16. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be
in a joint venture with the Master Lessee, and the Town shall never be liable or responsible for
any debt or obligation of the Master Lessee.
17. No Indemnity. Nothing herein shall be construed to require the Town to protect
or indemnify Master Lessee against any losses attributable to the rental of a Restricted Unit, nor
to require the Town to locate a Qualified Resident for any Restricted Unit.
18. Governmental Immunity. The Town and its officers, attorneys and employees,
are relying on, and do not waive or intend to waive by any provision of this Deed Restriction, the
monetary limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended, or otherwise available to
the Town or its officers, attorneys or employees.
IN WITNESS WHEREOF, the Parties have executed this Deed Restriction on the
Effective Date.
ATTEST:
Patty McKenney, Town Clerk
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
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MASTER LESSEE
LION'S RIDGE APARTMENT HOMES, LLC
BY GORW
RIDGE,
Im
STATE OF
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this day of September, 2014, by Gary J. Gorman, the President of Gorman & Company,
Inc., the Manager of Gorman Employee Group Lion's Ridge, LLC, the Manager of Lion's Ridge
Apartment Homes, LLC.
My commission expires: 12I 1 j' 15
SEAL) v
Notary Public
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EXHIBIT 1
LEGAL DESCRIPTION
Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A
Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado
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EXHIBIT 2
RENTAL GUIDELINES
1. Purpose. The purpose of these Rental Guidelines is to set forth the occupancy
eligibility requirements for the employee housing rental units (the "Restricted Units ") located in
Lion's Ridge Apartment Homes, pursuant to the Deed Restriction.
2. Definitions. All capitalized terms herein shall have the meanings set forth in the
Deed Restriction.
3. Administration. In accordance with the Deed Restriction, Master Lessee shall
administer these Rental Guidelines, including but not limited to, making determinations
regarding the eligibility of applicants to rent and occupy a Restricted Unit as a Qualified
Resident as set forth herein. Prior to leasing or renewing a lease for a Restricted Unit, the
occupant must sign an individual acknowledgement of acceptance of the terms of these Rental
Guidelines and the Deed Restriction.
4. Qualified Households and Residents. Except as otherwise provided herein or in
the Deed Restriction, to be eligible for consideration to rent a Restricted Unit, the occupants
must first be certified as a Qualified Household. Notwithstanding anything herein to the
contrary, Master Lessee shall not be obligated to rent any Unit to a tenant that does not meet
Master Lessee's rental guidelines, which rental guidelines shall be subject to review and approval
by the Town, in its reasonable discretion.
5. Application. To become a Qualified Resident, a person must first provide the
following information on an application to be provided by Master Lessee, and applications and
all accompanying documentation shall become the property of the Master Lessee and will not be
returned to the applicant:
a. Verification (e.g., wage stubs, employer name, address, telephone number
and other appropriate documentation as requested by Master Lessee) of applicant's
current employment with a business in Eagle County that holds a valid and current
business license, or pays sales taxes, or is otherwise generally recognized as a legitimate
business;
b. Evidence that the applicant has worked, or will work, an average of 30
hours per week or more per year for one or more of such businesses and that such level
of employment is expected to be maintained for as long as the applicant lives in the
Restricted Unit;
C. A valid form of identification, such as a driver's license, state - issued
identification, passport or military identification.
d. Any other documentation which the Master Lessee deems necessary to
make a determination of eligibility; and
e. A signed statement certifying and acknowledging: that all information
submitted in such application is true to applicant's best knowledge; that the applicant
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understands that he /she may not sublet the Restricted Unit; that the applicant authorizes
Master Lessee to verify any and all past or present employment and residency
information and all other information submitted by an applicant; and that applicant
understands that, as set forth in the Deed Restriction, the Master Lessee reserves the right
to review any applications and take any appropriate action regarding such application.
6. Lease Term. The Restricted Units shall be leased to Qualified Households, and
may be renewed to Qualified Households, on a month -to -month basis or for periods no greater
than 12 months in duration.
7. Interpretation. In evaluating a potential application to lease a Restricted Unit, the
Master Lessee shall be guided by the following:
a. An applicant's physical place of employment is controlling, not the
mailing address of such place.
b. Claims of employment by an applicant that are unable to be verified by
Master Lessee will not be utilized in determining an applicant's eligibility.
C. Seasonal work and part time work alone may not be adequate to meet the
minimum 30 hours per week average annual requirement, but may augment other
employment to meet the minimum eligibility requirements.
8. Leasing of Units to Non - Qualified Households.
a. If at least 70% of the Units in the Property are Restricted Units, other
Units may be freely leased by Master Lessee to occupants who are not Qualified
Residents or Qualified Households.
b. If there are no eligible Qualified Households available to rent a particular
Unit, Master Lessee may rent such Unit to occupants other than a Qualified Household.
However, at any time that the number of Restricted Units falls below 70% of the total
Units, Master Lessee shall thereafter use commercially reasonable efforts to lease the
next available Unit(s) to Qualified Households until the 70% threshold is again met.
C. In no event may Master Lessee lease a Restricted Unit to a Qualified
Resident who will not occupy the Restricted Unit as his or her principal place of
residence, unless first expressly approved in writing by the Town after making findings
that extraordinary circumstances and hardship exist to justify such arrangement. Such
tenancy shall be on a month -to -month basis only.
9. Misrepresentation. Any misrepresentation by an applicant in any submittal shall
disqualify such applicant from being eligible to lease a Restricted Unit, and shall be grounds for
eviction if such misrepresentation is revealed after such applicant's occupancy.
10. Inspection of Documents. The Town may inspect any documents submitted with
any application for Qualified Resident status pursuant to Section 5 hereof, at any time during
normal business hours, upon reasonable notice. In addition, upon inspection, if the Town
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reasonably determines that additional documents are necessary to verify Qualified Resident or
Qualified Household status, the Town may request additional documents. Notwithstanding the
foregoing, Master Lessee shall not be required to retain any documents submitted by applicants
who do not sign leases with Master Lessee; provided, however, that if the number of Restricted
Units falls below 70% of the total Units, then Master Lessee shall retain documents submitted by
applicants to verify its commercially reasonable efforts to lease the next Unit becoming available
for rent to a Qualified Household in accordance with the requirements of the Deed Restriction
and the Rental Guidelines, until at least 70% of the total Units are once again Restricted Units.
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EXHIBIT C
LEGAL DESCRIPTION OF ADJACENT PROPERTY
Lot 1, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A
Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado
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