HomeMy WebLinkAbout2008-08-05 Support Documentation Town Council Evening Session t
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VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, AUGUST 5, 2008
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
I• ITEM/TOPIC: Citizen Input. (10 min.)
2• ITEM/TOPIC: Town Manager's Report. (10 min.)
? Revenue Update.
? Disadvantaged Business Enterprise Program - The town
receives federal funding for transit, therefore the town "agrees" to a goal of providing up to one percent of the town's
contracted business to "disadvantaged businesses." This
ensures Council is aware of the eligibility guidelines and have
set that goal. This is a requirement to receive funding for the
intermodel transit site.
3• ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 07.01.08 and 07.15.08 Minutes.
4. Linda Hill ITEM/TOPIC: Wildlife Protection Awareness Campaign
Tim Campbell Recognition. (5 min.)
Ryan Millbem
The Town of VaiPs Wildlife Protection regulations, which require
bear-proof and/or bear-resistant containers in residential and
commercial areas, continue to be applauded as a model
program by state wildlife officials. Compliance is estimated to be
as high as 90 percent in the neighborhoods and the number of
human-bear conflicts in Vail has been reduced since the
regulafions became effective in 2007. Now comes word the
campaign used to generate the community awareness has
been recognized for its creativity. Linda Hill, president of Hill 8
Company, which created the "Get a Nicer Can" campaign logo in
collaboration with the town, will present the Intemational Summit
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Creative Award to Vail Police Officer Ryan Millbem, who serves
as the point of contact for the Wildlife Protection program. ,
5. Scot Hunn ITEMITOPIC: An update to the Town Council on progress made in developing and reviewing three (3) site plan options, as well as to
present preliminary, grading and preliminary cost estimates for the
Chamonix Site master plan; and to present a formal
recommendation from the Chamonix Site. Master .Plan Advisory-' Committee regarding: (60 min.) 1. A preferred site plan'option that best meets the planning
goals and design parameters approved for the project;
2. Seeking Leadership in Energy and Environmental. Design
(LEED) certification; and.
3. Pursuing °Off-site, FactoryBuilt" (modular) construction.
ACTION REQUESTED OF COUNCIL:. Staff recommends the
Town Council provide Staff and the design team with direction and
feedback regarding a preferred site plan option for the Chamonix
Site in relation to the.approved master planning goals and design
parameters for the project: Staff also requests the Town Council
provide direction and feedback regarding the pursuit of Leadership
in Energy and Enyironmental Design (LEED) certification and °Off- .
site, Factory BuilY' (modular) construction for the project. BACKGROUND RATIONALE: On March 4, 2008, the Vail Town
Council re-affrmed, with modifications, the planning goals 'and .
design parameters originally, adopted by the Town Council on
Janua ry 22, 2008, for the Chamonix Site Master Plan project. Also
' at the ivlarch 4, 2008, meeting, the Town Council authorized Staff
~ and the consultant team to proceed with conceptual design work
for the Chamonix Site. On May 20, 2008, Staff presented an update to the Town Council
on progress made in developing and reviewing three (3) site plan
options based on comments from the Chamonix Site Master Plan
Advisory. Committee and Chamonix neighbofiood
representatives. Staff reported on the AdvisoryCommittee and
neighborhood meetings held on May 7, 2008, and received '
clarification from the Town Council on the unit mix and the "target
market° for the anticipated for-sale' housing to be built on the site.
On July 17, 2008, the Chamonix Site Master Plan Advisory
Committee held a meeting to review "fnal° revisions to three (3)
site plan options and to forward a recommendation for a preferred
option that best meets the planning goals and. design parameters
approved by the Town Council. As well, the Committee reviewed
information regarding preliminary cost estimates and preliminary
grading and engineering plans for each site plan option. Also; the
Committee voted to forward a recommendation to the Town
_ Council to pursue Leadership in Energy and Environmental
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Design (LEED) certification and to investigate the use of "Off-site
Factory Built" (modular) construction for the project.
STAFF RECOMMENDATION: Staff recommends the Town
Council provide Staff and the design team with direction and
feedback regarding a preferred site plan option for the Chamonix
Site in relation to the approved master planning goals and design
parameters for the project. Staff also recommends the Town
Council authorize Staff to pursue Leadership in Energy and
Environmental (LEED) certification and "Off-site, Factory Built°
(modular) construction for the project. This information will be
incorporated into a memorandum by Staff, to be presented to the
Planning and Environmental Commission for their review and
. action on a final Chamonix Site Master Plan.
6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008,
an ordinance to allow for the rezoning of two unptatted parcels
commonly known as the °Vail Professional Building" and
"Cascade Crossing" from Arterial Business district to LionsHead
Mixed Use-2 district and portions of unplatted and unzoned South
Frontage Road West right-of-way to LionsHead Mixed Use-2
district, and setting forth details in regard thereto. (5 min.)
STAFF RECOMMENDATION: Table the item until September 16,
2008.
7. Rachel Friede ITEMJTOPIC: Second reading of Ordinance 15, Series of 2008,
an ordinance amending Section 10-1-2, Adopted Codes, Vail
Town Code, in order to adopt the 2008 National Electrical Code,
and Section 10-1-9, Electrical Code Amendments, Vail Town
Code, in order to adopt amendments to the 2008 National
Electrical Code. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 15, Series of 2008 on
second reading.
BACKGROUND: Every three years, the administrator of the
National Electrical Code (NEC), the National Fire Protection
Association (NFPA) conducts a public review process to update
the NEC. This year, the NFPA adopted the 2008 NEC, which will
be ofFcially adopted by the State of Colorado on August 1, 2008.
On July 15, 2008, the Vail Town Council unanimously approved
Ordinance No. 15, Series of 2008, on first reading.
STAFF RECOMMENDATION: The Department of Community
Development recommends that the Vail Town Council approve
Ordinance No. 15, Series of 2008, on second reading.
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8. Dwight Henninger ITEMROPIC::.. Resolution No: 15, Series of 2008, a Resolution Approving an Intergovemmental Agreement between the Town of
, Vail and Summit County Government for the Provision ' of
Emergency Dispatch. Services Staffing; and Setting Forth Details
in Regard Thereto: (5 min.)
ACTION REQUESTED OF, AUTHORLTY: Approve, amend or
deny Resolution No. 15, Series of 2008.
- BACKGROUND: The Town of Vail and Summit County
Govemment each maintain and operate radio and communication
systems for the transmission and dispatching of inessages
relating to fire and/or police ,protection and other public safety
services. The County is currently in need of additional emergency
dispatching, staff at the Summit County Communication Center.
By entering into this Intergovemmental Agreement the Town may agree to assign one or more of the Town's dispatch employees to
. provide dispatch senrices for Summit County and the County will
compensate the Town $37.00 per tiour per dispatch employee:
STAFF RECOAflIIAENDATION: Approve; amend. or deny
Resolution No.-16; Series of 2008.
9• - ITEMROPIC: Adjoumment. (7:45 p.m:)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY; AUGUST 5, 2008 IN THE VAIL TOWN COUNCIL
CHAMBERS.
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TOWN OF VAII.
1tEVENUE HIGHLIGHTS
July 31, 2008 Sa1es Tag
When all sales tax retums are received for the month of June, collections for the month
aze expected to be $918,570, down 3.6% from , June, 2007: Yeaz-to-date . sales tax
collections of $12M are up 6.0% from 2007. For comparison, inflation as measured by '
the consumer price index was up 5.0% for the month of June compared prior year.
Use Taz '
Use tax collections,began as of January l, 2008. As of July 31, collections total$429,570
of unbudgeted revenue.
Constrnction Permit Fee Revenue
Construetion permit revenue currently totals $1.6M, down 170/o from this time last year.
The decrease is due to both.-major and non-major redevelopment projects. Major redevelopment projects make up 78% of the total, and construction permit fee revenue
from those projects is down by 14%o from prior year. Revenue from non-major projects is
down 26% from this time last year.
Real estate Transfer Taz fREM RET°T collections through July 17, 2008, total $4.3 million. This amount is a 19%
increase from this time last yeaz primarily due to recent sales of major redevelopment ,
projects. The overall real estate market in Eagle County is down 30% in sales dollars and
down 47% in sales transactions as of May, 2008.
Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and
Vail Plaza account for 55% of year-to-da.te 2008 collections. This is significantly higher
than the 24% from Ju1y 2007, and is the reason Vail's RETT revenue is performing much
better than the rest of the county. -
RETT collections from property transfers not related to major redevelopment projects
dropped by 29% year-to-date as of July, 2008 compared with 2007. This is more in line
with the sales decrease across the county. .
, 080801 Revenue Highlights - 1 -
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TOWN OF VAIL MEMORANDUM
TO: Stan Zemler
Council Members
FROM: Kathleen Halloran
DATE: 2nd Qtr 2008 RE: Investment Report
Enclosed is the investment report with balances as of June 30, 2008.
The estimated average yield for the pooled cash fund was 2.46%. As of
6/30/08, the yield curves for 3 months, 6 months, and 1 year are 1.89%, 2.19%,
and 2.42% respectively. TOV investments performed at or above these yields.
Our investment mix follows the policy objectives of safety, liquidity, and yield in that order.
2008 Investment Mix
$6.1 M
$3 9M Gov't
Cash, 6% Securities, 9%
$1.8M
CD's, 3%
$54.OM
Golorado
Investment
Pool, 82%
Other than transfer of funds for operating uses, the Town did not change banking institutions
or investment products during the 2nd quarter of 2008.
Please call me if you have any questions. '
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Town of Vail, Colorado
Investment Report
Summary ot Accounts ~and Investments
As of 6/30/08
2008
. Balances. Percentage
Cash , 06/30/08 of Total
' Commercial Banks $3,326,922 5.06% ,
Money Market Funds $530,014 0.81 %
Total Cash _ $3,856,937 5.8796
U.S. Govemment Securities (see page 5)
Government Agency Seurities -Piper Jafftay $4,176,369. 6.35%
FNMA'S, GNMA'S, FHLMC'S &SBA'S - Dana $1,932,787 2:94%
Total Govemment Securities $ 6, 7 09,156 9.29%
Certificates of Deposit $1,827,571 2.78%
Colorado Investment Pools $54,015,244 82.08%
Total Portfolio $65,808,908 100.0%
Maturing Within 12 Months - $61,632,539 93.65%
Maturing Within 24 Months $1,908,187 2.90%
Maturing After 24 Months $2,268,182 3.45%
$65,808,908 100.0%
Investments 06302008 2
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Performance Summary
as of 6/30/08
Institution Average Balances
Type of Accounts Return 06/30/08
"CASH"ACCOUNTS
Commercial Bank Accounts:
First Benk.of Vail - Operating Interest 1.400% $3,326,922
Money Market Accounts:
Schwab.lnstitutional Money Market Fund - Dana Investments
Interest.and Balance 2.000% $104,835
Vail Super Now Pu61ic Funds Account - Piper Jaffray
Interest and Balance 1.700% $425,179
Total Money Market Funds $530;014 .
Total "Cash" Accounts $3,856,937
GOVERNMENT SECURITIES (see pg 5)
Govemment Agency Seurities -Piper Jafifray 4.23% 5 4,176,369
FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 4.79% $ 1,932,787
$ 6,109,156
Total Government Securities $ 61109,156_
CERTIFICATES OF DEPOSIT U.S. Bank, Vail Colorado Matures August 31, 2009 3.350% 604,993
Alpine Bank, Vail Colorado (#19750) Matures Sept 7, 2008 3.639% 574,7'16
Alpine Bank, Vail Colorado (#19751) Matures Sept 7, 2008 5.250% 647,863_
1.827,571
Total.Certificates of Deposit $ 1,827,571
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LOCAL GOVERNMENT INVESTMENT POOLS
Colouust General Fund
Interest 2.260% $54,015,244
Total Local Government Investment Pools Accounts $54,015,244
Total All Accounts $65,808,908
Investments 06302008 3
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' Government Securities
as of 6/30/08
Days/Years
Int Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
Federal Agency Discount Notes & Bonds"
FNMA.31398AHS4 Piper Jaffray 4.875% 4.840% 25-Mar-08 15-Oct-09 1.6 $342,230
FHLB 3133XH-FA-5 Piper Jaffray 5.000% 4.970% 26-Dec-06 1 B-Oct-09 2.8 $251,485
FMMA 31358M4X8 Piper Jaffray 5.230% 5.160% 30-Apr-08 29-Jan-10 1.8 $253,283
FFiLMC 3128X7QR8 Piper Jaffray 3.000% 3.000% 21-May-08 22-Feb-10 1.8 $304,594
FFCB 31 S-TD-5 Piper Jaffray 4.650% 4.520% 22-Ju1-05 5-Apr-10 4.7 $256,640
FHLB 3133XR2K5 Piper Jaffray 3.750% 3.150% 29-Apr-08 5-May-10 2.0 $249,765
FHLMC 3128X7PE8 Piper Jaffray 3.250% 3.240% 29-Apr-08 12-May-10 2.0 $250,190
FNMA 3136F9NP4 Piper Jaffray 3.375% 3.370% 2-Aug-08 8-Nov-10 2.3 $250,000
FFCB37331YGD6 PiperJaffray 4.375% 4.340% 10-Dec-07 10-Dec-10 3.0 $201,188
FHLB 3733XK-Z9-9 Piper Jaffray 5.300% 5.240% 27-Jun-07 15-Dec-10 3.5 $252;500
FHLMC 3133F1CV7 . PiperJaffray 4.000% 3.990% 25-Mar-08 15-Mar-11 3.0 $200,022
" FHLB 3133XP3N2 Piper Jaffray 3.875% 3.870% 25-Mar-08 22-Ju1-11 3.3 $150,095
FHLB 3133XHET5 Piper Jaffray 5.250% 5.210% 29-May-08 14-Oct-11 3.4. . $503,125
FHLB 3133XMEF4 Piper Jaffray 5.000% 4.890% 19-Jun-08 1-Oct-12 4.3 $510,470
FHLMC 3128X6RG3 Piper Jaffray 5.000% 4.980% 21-May-08 21-May-13 5.0 , $200,782
1 Average Yield 4.23% ' $4,176,369
Days/Years
Interest Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
"'••FNMA'S, ARM'S & SBA'S"""
` FNMA Dana 5.000°k 4.990 23-Jan-06 23-Jan-09 3.0 ' 121,471
SBA 500463V-Q Pooled - Dana 7.625% 5.1 % 1-Aug-88 25-Jan-13 24.5 $2,978
SBA 502647V-Q Pooled - Dana 8.475% 5.9% 1-Ju1-94 25-Jun-19 25.0 $10,257
SBA 504417V-0 Pooled - Dana 8.000% 5.3% 1-Feb-99 25-Feb-24 25.1 $11,976
SBA 505536V-M Pooled - Dana 7.875% 4.7% 1-Au -01 25-Jun-26 24.9 $35,520
GNMA 8417 Pooled - Dana 5.125% 5.1 % 1-Oct-88 20-Oct-18 30.1 $4,254
GNMA 8703 Pooled - Dana 4.750% 5.6% 1-Sep-95 20-Sep-25 30.1 $1,342
GNMA 8720 Pooled - Dana 5.125% 5.1 % 30-Sep-95 20-Oct-25 30.1 $1,374
GNMA 8788 Pooled - Dana 5.375% 5.3% 1-Jan-96 20-Jan-26 30.1 , $1,151
GNMA 80426 Pooled - Dana 4.500% 5.6% 21-Ju1-00 20-Ju1-30 30.0 $13,105
GNMA 80593 Pooled - Dana 4.375% 6.3% 1-Apr-02 20-Apr-32 30.1 $7,649
GNMA 80710 Pooled - Dana 4.500% 5.6% 1-Ju1-03 20-Ju1-33 30.1 $13,729 -
FNMA 555921 Pooled - Dana 5.456% 4.9% 1-Oct-03 1-Sep-35 31.9 558,236
FNMA 422251 Pooled - Dana 6.124% 6.1 °6 1-Dec-95 1-Jan-21 25.1 $71,395
FNMA 334439 Pooled - Dana 5.630% 6.2% 1-Dec-95 1-Apr-24 28.4 $6,144
FNMA 520790 Pooled - Dana 5.805% 6.1 % 1-Jun-00 1-Apr-28 27.9 $9,282
FNMA 546468 Pooled - Dana 6.389% 6.0% 24-May-00 1-Jun-28 28.0 $5,670
FNMA 535326, Pooled - Dana 6.472R6 5.5% 26-Jun-00 1-Jun-28 28.0 $7,046
FNMA 323798 Pooled - Dana 6.427% 5.7% 1-Dec-99 1-May-29 29.4 $3,126
FNMA 576517 Pooled - Dana 6.069% 6.2%; 1-Mar-01 1-Feb-30 28.9 $2,108
FNMA 567875 Pooled - Dana 5.7350% 6.4% 1-Dec-00 . 1-Sep-30 29.8 $6,552
FNMA 593941 Pooled - Dana 5.328% 6.6% 1-Dec-01 1-Dec-30 29.0 $26,701
FNMA.545057 Pooled - Dana 6.394% 5.9% 1-May-01 1-May-31 30.0 $1,709
FNMA 650970 Pooled - Dana 6.969% 5.1 % 1-Aug-0 1 1-Ju1-32 30.9 $8,459
FNMA 555378 Pooled - Dana 5.307% 5.3% 14May-08 1-Apr-33 24.9 $114,094
FNMA 709092 Pooled - Dana 6.913% 5.0% 1-Jun-03 1-Jun-33 30.0 $13,806
FNMA 723661 Pooled - Dana 5.068% 5.096 1-Ju1-03 1-Ju1-33 30.0 $5,071
FNMA 761737 Pooled - Dana 3.720% 6.496 16-May-05 1-Dec-33 28.6 $21,660
FNMA 725462 Pooled - Dana 5.217% 5.7% 1-Apr-04 1-Jan-34 29.8 $15,619
FNMA 745160 Pooled - Dana 5.592% 6.2% 1-Dec-05 1-Mar-34 28.3 $43,536
FNMA 791573 Pooled - Dana 4.96896 6.8% 1-Ju1-04 1-Aug-34 30.1 $9,417
FNMA 888321. Pooled - Dana 6.000% 5.7% 1-Mar-07 1-Aug-34 27.3 $75,678
FNMA 849207 Pooled - Dana 4.6869'0 6.3% 1-Jan-06 1-Jan-36 30.0 $59,967
Invesfrnents 06302008 4 .
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~ Govemment Securities
as of B/30/08
Days/Years
Int Rate Purchase Maturity to. Maturity Market
Agancy Broker Coupon Yield Date Date at Purchase Value
FNMA 888770 Pooled - Dana 5.675% 5.6% 1-Sep-07 1-Ju1-36 28.9 $79;840
FNMA 893933 Pooled - Dana 7.370% 5.7% 1-Sep-06 1-Oct-36 30.1 $77,260
FIVMA 555624 Pooled - Dana 5.465% 5.7% 1-Jun=03 1-Mar-38 34.8 $10,707
FNMA 735967 Pooled - Dana 3.987% 6.2% 1-Sep-05 1-Mar-38 32.5 $20,416
FNMA 888386 Pooled - Dana 5.601 % 5.8% 1-Apr-07 1-Mar-38 , 30.9 5737,503 .
FNIIAA 888618 Pooled - Dana 5.861 % 6.1 % 1-Ju1-07 1-Mar-38 ` 30.7 $49,007
FNIIAA 557073 Pooled - Dana 5.543% 4.9% 1-Sep-00 1-Jun-40 39.8 $9,786
FNMA 110540 Pooled - Dana 5.282% . 5.2% 1-Nov-90 1-May-20 29.5 $9,957
FNMA 327446 Pooled - Dana 6.143% 6.4% 1-Oct-95 1-Aug-22 26.9 $5,388
FNMA 868877 Pooled - Dana 7.370% 5.7% 1-Apr-06 1-Apr-36 30.0 $61,537
FNMA 701.045 Pooled - Dana 5.292% 4.9% 1-Apr-03 1-Apr-33 30.0 $123,287 "
FHLMC 775572 Pooled - Dana 4.907% 5.9% 1-Sep-94 1-Jun-24 29.8 $31,822
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FHLMC 865469 Pooled - Dana 5.865% 6.4% 1-Dec-95 1-Aug-25 29:7 $1,874
FHLMC 610416 Pooled - Dana 6.615% 5.2% 1-Mar-96 1-Mar-26 • 30.0 $447 .
FHLMC 755344 Pooled - Dana 6.086% 5.1 % 1-May-00 • 1-Mar-28 27.9 S4,069
FHLMC 645235 Pooled - Dana 5.340% 1-Ju1-00 1-Mar-29 28.7 $2,773
FHLMC 846784. Pooled - Dana 6.187% 6.1 % 1-Ju1-00 1-May-29 28.9 $4;027
FHLMC 786867 Pooled - Dana 5.892% 6.1 % 1'=Nov-99 1-Aug-29 29.8 83,558
FHLIVIC 846856 Pooled - Dana 6.31596 6.6% 1-fVov-01 1-Nov-31 30.0 $3,132 •
FHLMG 847166 Pooled - Dana, 4.137% 6.1 % 1-Ju1-03 1-Aug-33 30.1 $9,584
FHLMC 847359 Pooled - Dana 5.202% 6.0% 1-Dec-04 1-Dec-34 30.0 $11,113
FHLMC 782526 Pooled - Dana 4.207% 4.596 1-Apr-05 1-Apr-35 30.0 $136,499
FHLMC 847629 Pooled - Dana 5.535% 6.0% 1-Oct-06 1-Sep-36 29.9 $37,138
FHLMC 865006 Pooled - Dana 6.935% 6.9% 1-Felr89. 1-Aug-18 29.5 $1,568
FHLMC 865127 P,ooled - Dana 6.183% 6.1 °k ' 1-Aug-89 1-Mar-19 29.6 $2,560
FHLMC 865476 Pooled - Dana 5.353% 6.0% 1-Apr-96 , ,1-Feb-36 39.9 $1,866
• FHLMC 865663 Pooled - Dana 5.540% 5.9% 1-Nov-00 1-Feb-30 29.3 0,497
FFiLMC 765114 Pooled - Dana 6.295% 6.8% 1-Mar-99 . 1-Jan-18 18.9 $4,868
FHLMC 847427 Pooled - Dana • 5.782% 6.7% 1-Ju1-05 1-Sep-34 29.2. $9,876
FHLMC 1G1840 Pooled - Dana 5.245% 5.396 1-Feb-06 1-Nov-35 29.8 $89,805
FHLMC 1133063 ' Pooled - Dana 5.552% 5.5% 1-Aug-06' 1-Aug-36 30.0 $133,533
FHLMC 847058 Pooled - Dana 5.552% 6.4°6 1-Aug-02 1-Aug-32 30.0 $39,753
FHLMC 611384 Pooled - Dana 5.941 % 6.9% 11-Feb-05 1-Dec-32 27.8 S 11,470
Accrued interest _ 4.79096 $10,998
Income Receivable $2,786
Average Yield 4.79% 1,932,787
Total $6,109,158
Investments 06302008 5
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Vail Town Councii Meeting Minutes
Tuesday, July 1, 2008
6:00 P.M.
Vail Town Council Chambers
meeting of the Vail Town Council was called to order at
The regular
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members Present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
gtaff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer
The first item on the agenda was Citizen Input. ann Bravo! Vail Valley Music Festival representative John e o°Nn and theocommunity
summer season was off to a great start. He thanked t
for its continued support.
' Market representative Rick Scalpello invite a~~nt increaseCi n'
Vail Farmers market. He then reported
concert at the upcoming
marketing efforts to offset competition and the recent
a d that he as s epped
also announced a new m a r k e t m a n a g e r h a d b een
down. closur Vail Homeowners' Association President Ala ess Son ocal~ees dents eS He
Beaver Dam Road have caused undue du con encouraged Council to do whatever was possibl viatin he prob emst~~'on
progress. He then thanked staff for their efforts in a e 9
ountain Chief Operating Officer Chris Jamot reported a new sculpture, invi "e" has been completed as part of the Front D me ph 1 new publ ct artt
Vail M
The Edg , to attend a ceremony to welco
Council and community on
July 5.
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The second item on the agenda was the Town Manager's Report.
? Summer Parking Update.
Town Manager Stan Zemler explained the town was attempting to preserve
parking 'in the Vail Village parking structure. "It's .estimated 55% of the vehicles
entering the structure are construction-related We are currently conserving 300
spaces-until 10:00 a.m...The town is trying to send as many vehicles as we can
to LionsHead...We think.we have identified some additional spofs outside of the
Village and LionsHead...We are going to rub someone the wrong way no matter
what we do here.° Hall reported the number, of -construction workers has
increased over-the past year. "When we are holding .300 spaces we are holding
our breath." Hall said the Vail Village 'structure held around 200 vehicles ovemight. Zemler explained an additional 300, parking spots could be created by
moving vehicles to the LionsHead ,parking structure. "Maintaining shopper I
parking in LionsHead is the second piece of this." During a.: pause for pubic
comment, Mike Latumo asked if Frontage Road parking could be allowed year-
round. Fiall responded . that both. structures are attempted to be filled before
Frontage Road parking was allowed. Latumo then asked if parking in the Front
Door parking garage was possible. LionsHead business. owner Tommy Neyens
expressed concem the parking problem was being moved to the LionsHead
parking structure. Rick Silverman asked if the town would be liable to damages if
an accident occurred due to Frontage Road. parking. He then urged Council to
create more ` parking. Vail Village shop owner Ghiqui Hoffman said her
customers had complained about the appearance of; trucks in the parking
structures. Hitt said the town had taken several steps to alleviate the problem.
Hall commented, \"We have 1,000 spaces available in the Village parking
structure at 6:00 a.m...How we want to distribute those is.up to us.° Village
restaurant manager Matt Morgan saidhe, was -cautiously optimistic about
voluntary parking compliance. "It's disturbing that we are in this place,° Rogers. -
suggested requiring pick-up trucks to park in the LionsHead parking structure.
Daily said the town must react quickly and effectively to maintain summer sales
tax revenue. Newbury urged caution in regard to filling•the LionsHead, parking
structure with construction workers as they have had limited retail activity due to
construction over the pa"st few years. Foley said, "Who cares where people
park...Let's get this thing managed...lt is a town-wide problem not just: Vail
- Village." Gordon commented, "We did not foresee the success of our
redevelopment." Gordon then proposed building a significant number of..parking
stalls at Ford Park. '"It's important to remain reasonable." Cleveland said Roger's
proposed solution had some merit. Latumo said part of the casual summer
atmosphere was the availability of free parking.
? Response to Audit Report.
, Finance Director Judy Camp explained a recent audit finding reported the town's
parking payment system was inadequate. She explained a recently purchased
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credit card charging system continued to be revamped. Parking and Transit
Manager Mike Rose stated the new system would be tested in an isolated
fashion to identify any further issues.
? Revenue Update.
Budget and Finance Reporting Manager Kathleen Halloran reported when all
sales tax retums are received for the month of May, collections for the month are
expected to be $617,735, up 13% from May, 2007. Year-to-date sales tax
collections of $11 M are up 6.8% from 2007. For comparison, inflation as
measured by the consumer price index was up 4.2% oompared with the prior
year. Use tax collections began as of January 1, 2008. As of June 24, collections
total $303,384 of unbudgeted revenue. Construction permit revenue currently
totals $1.4M, up 1.3% from this time last year. The increase is due to major
redevelopment projects, which make up 80% of the total. Construction permit fee
revenue from non-major projects is down 30% from this time last year. Real
Estate Transfer Tax collections through June 24, 2008, total $3.6 million. This
amount is a 16% increase from this time last year primarily due to recent sales of
major redevelopment projects. The overall real estate market in Eagle County is
down 25% in sales dollars and down 43% in sales transactions as of April, 2008.
Major redevelopment projects such as Arrabelle, Forest Place, One Willow
Bridge and Vail Plaza account for 54% of year-to-date 2008 collections. This is
significantly higher than the 26% from June 2007, and is the reason Vail's RETT
revenue is performing much better than the rest of the oounty. RETT collections
from property transfers not related to major redevelopment projects dropped by
28% year-to-date as of June, 2008 compared with 2007. This is more in line with
the sales decrease across the county. Daly said the increase in RETT collections
was largely attributable to recent closings on residenfial units at the Arrabelle at
Vail Square. Rogers asked if staff was aware of the percentage of sold units in
other large projects.
? CDOT Incident Management Plan.
Police Chief Dwight Henninger provided Council with an update on efforts by the
Colorado Department of Transportation (CDOT) to create an I-70 incident
management plan for Eagle County. °A component of the plan will be the addition
of a tractor-trailer parking lot in the Dotsero area." Henninger also announced
creation of a vehicle access placard for East Vail residents to help with traffic flow
during I-70 closures. A draft of the complete incident management plan will be
released in September. Daly asked if additional funding was available so as to
improve the maintenance of I-70 and avoid closures. Henninger said Colorado
Department of Transportation staffing was at 1980's levels. Zemler said staff was
working on funding to increase the connectivity of fiber-optic camera
transmissions and variable message signage. During a pause for public
comment, Tommy Neyens asked if the town could link the town's web-site for
road closure information and updates.
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The third item on the agenda was the Consent Agenda.
a. Approval of 06.03.07 and 06.17.08 minutes.
Gordon moved to approve the consent agenda with Hitt seconding. The motion
passed unanimously, 7-0.
The fourth item on the agenda was a Betty Ford Alpine Gardens Out-of-Cycle
Contribution Request.
At the June 17"' meeting, Council requested additional information from Betty
Ford Alpine Gardens conceming their request for funding to replace three
bridges in the garden. This agenda item and the attached memo are in response
the request for information. Daly moved to approve the request with Hitt
seconding. The motion passed unanimously, 7-0.
The fifth item on the agenda was an Emergency Generator Bid.
Fleet Manager Todd Scholl asked for approval to award the bid for the
Emergency Generator Project to JL Viele Construction. The town received four
bids and Viele Construction was the low bid at $179,660. The project is budgeted
at $175,000 in capital project; the project requires additional funding from the 911
Authority Board which authorized $25.000, and the Fire Chiefs which endorsed
the use of $50,000 from the Dispatch Fund Balance, for a total project budget of
$250,000. The budget line items are:
? Viele Bid $179,660
? Arch/Engineer $17,500 (so far)
? Generator $33,500
? Contingency $19,340
? Grand Total $250,000
Bringing the municipaUPolice Department building emergency lighting up to code
was an unforeseen cost when the budget was originally put together. Staff also
required contingency money as there may be unforeseen items come up as the
project gets underway. Daily asked if the other participating 911 agencies were
paying their fair share. Communications Manager Joe Ribeiro said the 911
system was paying back the town over a period of time. Daly moved to approve
the bid request with Rogers seconding. The motion passed unanimously, 7-0.
The sixth item on the agenda was the 2008/09 Parking Task Force
Recommendations.
Public Works Director Greg Hall said the 2008109 Parking Task Force
Recommendations include:
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? Temporary use of the town-owned Chamonix property in West Vail, 180
spaces; requires review by the Town of Vail.
? Use of the west side of the North Frontage Road, Wendy's to Chamonix, 35-
60 spaces; requires review by the Colorado Department of Transportation.
? Limited use of Donovan Park lot during non-event days (39 last season), 70
to 90 spaces.
? Park and ride TBD in Avon, 100 spaces.
? Park and ride at U.S. Forest Service office lot in Dowd Junction, 50-75
spaces.
In addition, the following spaces will be available this coming season:
? Vail Front DoorNail Village Club, 200 spaces.
? Amabelle Club parking, 100 spaces.
The Parking Task Force also recommended increases in mass transit to service
the park and ride lots as well as increased bus senrice to accommodate the
suggested expansion of parking in West Vail. Also, six designated bus stops
were recommended to be added along the South Frontage Road during peak
times. Introduction of a privately-managed van pool senrice for commuters is in
the works, as well as a recommendation to allow private parking lots to be used
for peak period public parking. Vail Resorts representative Chris Jamot said he
thought the Task Force provided a good process. Jamot explained Frontage
Road parking did not always correlate with the number of skiers on the mountain.
°It becomes very difficult to pin it down.° Jamot explained private parking spaces
will lessen public parking demand. "We understand this is a serious challenge for
us...lt's the weakest part of the experience our guests encounter in the
wintertime." Rogers asked if Vail Resorts would be amicable to allowing public
parking at the Vail Mountain Club. Jamot said he would examine actual garage
usage when it comes on line. Rogers spoke in support of vanpooling. She then
asked if large employers could sublet parking spaces at Middle Creek. Rogers
also encouraged expanding parking in neighbofioods that received substantial
bus service. Representing the Vail Homeowners Association, Jim Lamont
pledged to assist in making "equitable and good decisions." During a pause for
public comment local restaurateur Matt Morgan said he found it was hard to
believe there was no correlation between parking shortages and skier days.
Tommy Neyens encouraged focusing on getting skiers to use outlying parking
areas. Local restaurateur Brian Nolan said he was excited the town was working
proactively to solve the parking issue. He also encouraged having developers
provide construction parking mitigation plans. Cleveland said it was imperative
Vail Resorts share the financial burden of providing additional parking services.
He also encouraged using the Holy Cross lot for guest parking (as opposed to
Vail Resorts employee parking). Daly said he thought Jamot had done a
meaningful job of working with the town to eradicate the town's parking woes.
"Parking on the frontage road is not a superior guest experience. He then asked
for the Parking Task Force to provide some long term solutions. Newbury
encouraged exhausting all parking possibilities before allowing parking on the
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Frontage Roads. Hitt expressed gcatitude for the cooperation shown by Vail
Resorts. "When it gets down to money time I think everyone will be surprised."
Foley moved to approve the Parking Task Force recommendations with Daly
secondirig. The motion"passed unanimously, 7-0:
The seventh item on the.agenda was a request for frst reading of Ordinance No.
5, Series of 2008, an ordinance approving a major amendment to Special
Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-
10, Amendment Procedures, Vail Town Code, to allow for the development of the
Comerstone Site.
On February 19, 2008, Council held a public hearing to consider Ordinance No.
5, Series of 2008, an ordinance approving a major amendment to SDD No. 4,
Cascade Village, on firsfreading.'At that meeting, the Council voted unanimously
to table the public hearing to'their regulady scheduled meeting of March, 18,
2008, citing concems over the proposed amendments to the SDD, building
height, public benefits, parking and employee housing mitigation. The applicant
submitted subsequent requests to table the hearing to the Council's regularly
scheduled meeting dates of April 1, May 20, and July 1, 2008, to properly
respond to the Council's previously stated concems and to work with staff to fully
analyze previous amending ordinances for SDD No. 4 prior to retuming to the
Council for further consideration of the development plans and first reading of
Ordinance ,No: 5, Sedes of 2008. On January, 28; 2008, the PEC voted
unanimously to-forward a recommendation for approval, with conditions, of an
application for a major amendment to SDD No. 4, Cascade Village, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
development of the Comerstone Site: ' Applicant representative , Rick Pylman
informed Council about the changes made to the projects original application.
Pylman said the project would create the most-accessible skier drop off location
of any of the four portals in Vail. Rogers said she did not consider a new lift
ticket office a public benefit: Newburyasked if the onsite employee housing units
(EHUs) would be located above ground: She also encouraged providing storage
for the onsite EHUs. Applicant legal representative Tom; Ragonnetti explained
there was a miscalculation of Gross Residential Floor Area (GRFA) within Area .
A, Cascade Village. "A project is legally approved but it'can't be built," referring
to the Cascade Residences Project which was. approved in 2007. He then
clarified that allowing for additional GRFA would not set, precedent. Gordon said
he thought an improved skier access portal'would be a public benefit. Liftside
Condominium Association legal representative Beith Aires, representing the
Liitside Condominiums Homeowners Association, expressed concem the eastem ,
portion of the building would be too high. Hitt moved to enter a brief Executive
Session with Rogers seconding. The motion passed'unanimously, 7-0. Newbury
moved to end the executive session. The motion passed. ~Newbury then moved
to approve the ordinance with the condfions listed on page"s 26-28 in.the sfaff
memorandum, dated July 28, with Rogers seconding. Discussion was held,
regarding the motion. Newbury amended her motion and 'Rogers amended her
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second, to inciude additional conditions of approval. The motion passed 6-1,
Foley opposed.
The eighth item on the agenda was a request for first reading of Ordinance No.
12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use
Permits, to allow for the administrative review and approval of specfic conditional
uses.
Planner Bill Gibson explained that on June 23, 2008, the PEC voted 6-0-0 to
forward a recommendation of approval for the prescribed text amendments of
Ordinance No. 12, Series of 2008. "The purpose of the ordinance is to
streamline the development review process...This will create efficiencies for our
customers as well as staff." Rogers said the ordinance would better allow staff to
deliver service. She then moved to approve the ordinance with Gordon
seconding. The motion passed 4-3 with Daly, Foley and Hitt opposed.
The ninth kem on the agenda was Adjoumment.
Newbury moved to adjoum with Hitt seconding at approximately 10:15 p.m. The
motion passed unanimously, 7-0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes ~
Tuesday, July 15; 2008 ' 6:00 R:M.
' Vail Town Council Chamtiers
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The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
, Kevin Foley Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attomey
Pam Brandmeyer .
The first item on the agenda was Citizen Input.
Angela Mueller introduced herself as the new coor+dinator of the Vail Farmers'
Market. Local restaurateur Bully Suarez expressed concem that no hanging flower
baskets had been placed in LionsHead:
LionsHead shop owner Tommy. Neyens said someone had contacted him who
had recently had difFculty finding parking in the LionsHead parking sfructure: He
then said,. the West LionsHead Circle area was difficult to navigate for
pedestrians and bicyclists.
Dick Cleveland noted Councilman Andy Daly's son, Will, would be participating
in the Beijing Olympics (rowing). He also said better signs for the West
LionsHead Circle area should be installed.
The second item on the agenda was the Town Manager's Report. ~
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? Summer Parking Strategies Update.
Parking and Transit Manager Mike Rose updated Council on the progress of
recently impiemented parking strategies. Zemler explained the town had been
working with local contractors to help alleviate the parking shortage. Rogers said
she believed the community's frustration was growing. It was then reported the
recent closure of the Vail Valley Medical Center's parking garage had
exacerbated the lack of parking availability at the LionsHead parking structure.
Efforts are underway to provide additional relief with the opening of a temporary
parking lot near Golden Peak.
? Forest Health Update.
Fire Chief Mark Miller said he was excited about the progress of the town's forest
health work with the U.S. Forest Senrice, Eagle County and other agencies. He
then said the town's firewise assessments are up threefold from a year ago. Vail
Mountain representative Brian McCartney said Vail Resorts was making
arrangements with the Forest Service to cut between 800-1000 trees west of the
Eagle Bahn gondola line. Vail Resorts is also working with the Forest Service to
identify a plan for treatment of other pine beetle infested areas on the mountain.
Miller then reported three firefighters from the Vail Fire Department have joined
national relief efforts in Califomia, where crews there have been battling
hundreds of wildfires throughout the state. Miller said the three firefighters were
called out as part of a National Interagency Cooperation agreement. The three
are awaiting assignment in Chowchita, Calif., located north of Fresno. The men
arrived July 13 and will remain a minimum of 14 days with expenses to be
reimbursed by the Forest Service with funds from the State of Califomia. The
department's wildland fire response vehicle is also in use. In authorizing the
deployment, Miller says the department will benefit greatly from the first-hand
experience. To accommodate the Califomia response, Miller says the
department has adjusted its staffing assignments to ensure Vail maintains its
regular level of service from the department. Other area agencies sending
resources to Califomia include Eagle River Fire Protection District and Greater
Eagle Fire Protection District.
? East Meadow Drive Entry Feature.
Art in Public Places, acting on a recommendation from Town Council, asked
artist James G. Moore to submit a proposal for the Meadow Drive Entry Feature.
Moore, whose bell sculptures are currently on display in Ford Park, provided
AIPP with a written project description and sketches showing finro possible
approaches. The design favored by AIPP is somewhat of an enlarged version of
Moore's Elements sculpture. A single bell is suspended from an approximately
fifteen foot high supporting structure. The bell, cast in bronze, would incorporate
colored glass, thus functioning as a lamp and reminiscent of the Arts and Crafts
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movement. AIPP believes this approach would compliment the surrounding
architecture which often incorporates hand-wrought metal features. The artist
provided the Town of Vail_preliminary concepts:at no charge: On July 7, the Art in
Public Places Board voted unanimously to pay the artist $2,000 to develop the
idea further, identify materials, -compile a budget and provide several good and
accurate illustrations of the sculptures-for presentation to the community in a
public meeting. Assistant'Town Manager Pam, Brandmeyer reported the update
was an opportunity for Council to.call the item up.
? North Day Lot Update.
Town Manager Stan Zemler noted that in approximately two weeks project
architects and engineers would go through the North Day Lot proposal "with a
fine tooth- comb" to develop cost estimates. Finance Ditector Judy Camp said the
town had budgeted $150,000 through tHe Vail Reinvestment Authority to pay for
the pre-planning work.
The third item on the agenda was a presentation of the "Project Plan" for the
LionsHead Parking,-.Structure Redevelopment Project.
Using words such • as "phenomenal": and "genius" to describe the most current
iteration of the proposal to redevelop the LionsHead parking structure, the Vail
Town Council voted 6-1, (Foley opposed) to direct town staff to retum with an
approval . process for the developer's current "project plan° submittal. The topic
will be presented to the Town -Council at its August 5 meeting and will include
pteparation of a resolution to adopt the project plan. In addition, Council directed
staff to prepare any amendments which will be necessary. to address an unmet
provision that has been required of. the developer - to. modify a deed restriction
on the town-owned. property which is held by Vail. Resorts. The deed restriction,
in its, current form, would prohibit . some of - the . uses in the proposed
redevelopmerrt. During earlier negotiations with the town which are contained in
a development improvement agreement, Open Hospitality PartnerS/Hillwood
Capital Partners had agreed to resolve the deed restriction issue prior to
submittal of the project plan. In explaining the delay, developer Mark Masinter
noted Vail Resorts Chief Executive Officer Rob Katz had expressed an interest in
reviewing the project plan submittal and to understand the Town Council's
desires before committing to a discussion on the deed restriction issue. As
submitted, the project plan includes a schematic, architectural intemal and
extemal layout of the project, plus architectural uses 'and massing. It also
describes the vehicular and pedestrian circulation. pattems for the project,
including a valet parking program and loading and delivery operations, and
otherwise depicts ,the final project design for both the town and the developer,.
Masinter and his Tezas-based development team received many accolades from.
the Town Council and 'members of the audience for providing an abundance :of
, community benefits' within the proposed project plan and for making adjustments
and modifications along the way. In particular, Masinter announced a change in. .
the proposed parking structure"sequencing which no longer requires an off-site
interim solution during a three-phased construction process. The project would
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increase _parking from 1,150 spaces to 2,149 spaces; 1:,770 of which would be
available for public use. Another modification announced at-Tuesday's meeting is
a relocation of the proposed conference center that will .integrate more closely
with the hotel _facilities planned for the site. The, conference center: would be
44,000 sq. ft, expanding to 64,000 sq. ft. when,the hotel facilities are in use. The
center ~ would accommodate up to 1,000 people for a. lecture, or, up to- 2,000
people fot a reception. In addition, Masinter announced the addition -of a 200-
seat, sloped floor, fixed-seat auditorium as part of . the; . conference cerrter
-amenities: As proposed,.,the center would be owned by a; metro district and the
town would bear no liabifity for any losses. Other components of the project are
~ largefy unchanged from earlier presentations:
? 240 hotel rooms
? 1Xcondominium residences
- ? 25 fractional fee units
? 77,000 sq. ft. -retail-restaurant space
? Transit center to include space for 5 ECO buses and 3 hotel shuttle buses
6 underground loading and delivery bays ? Visitor Information Center
Improvements to South Frontage Road and East LionsHead Circle.
According to the current developer agreement; approval: of the project plan would
enable the developer to submit a formal developmerrt application to the town for
review by the PEC and DRB. If approved, ttie developer estimates construction
occurring from 2010 to 2014. Councilman Kevin Foley, who cast the ~only vote
against the action, said he'd prefer to hold onto the property to determine if the
current wave of redevelopment is successful and 'to better understand future
transit facility options. Tom Braun of Braun & Associates-outlined and discussed
in. detail the project plan. _He clarified what was presented was not a PEG level
(detailed) design plan. 42/40 Architecture representative Lou Beeker explained, .
"We are envisioning a pedestrian friendly environment "welcoming all visitors-into
town. Applicant representative Ron White explained the staging and - intended .
construction schedule for.the project. In regard :to employee housing, IVlasinter
said his group was confident they could find 25,000 sq'uare ' feet for on-site
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employee housing. Cleveland said the project had a very city center urban feel.
Hitt encouraged the group to pay close attention to roof lines as melting snow
can be_ hazardous. In regard to Vail Resorts removing the deed restriction,
Rogers commented, "I would, suggest you put your best negotiating team on ,
this..:You've got until September 15 to have Vail Resorts remove the deed
cestriction." Daly said, "I don't think we can take tfiis. critical 'piece of properly and
move fonivard with the project plan until we have full assurance Vail Resorts will
lift the deed restriction." Gordon said, "When I talk to my constituents this a
project we want...But we have.a big deal with the-deed restriction:° ` Braun
explained project approval would only allow Open Hillwood to submit a PEC level
application. "Mark isn't going to go through that trouble if the deed~restriction has
not been lifted." During the public comment period; ,Tom Steinberg expressed
concem the transportation center in the proposal did not contemplate potential
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monorail service. Vail Valley Partnership representative Chris Romer said the
lodging community was excited about the potential of the two proposed .hotels
(St. Regis, W). Vail 21 resident Dave Gothenburg spoke in support of the project.
Local hotelier Frank Johnson then spoke in favor of the ptoposal. "You've
(Masinter) been able to . accommodate what the community's needs are." !
. Executive Vice President of Steadman Hawkins Reseatch Mark Prisant said the
. proposed lecture hall was exciting and a great opportunity. Eagle County
-Commissioner Peter Runyon questioned the significant increase in employees
' created by the proposal and where they would be housed. Former Vail Town
Council Member Greg Moffet stated, "The amount of community benefit is
. incalculable." Local hotelier Rob LeVine urged Council to encourage Vail Resorts
to lift the.deed restriction. .'This is the opportunity. for a Iifetime for us...lt would
be a crime if if doesn't happen.° John Neilson, remarked, "I have never seen
such a demonstration in good faith...This is one of the finest public/private
~ projects I have ever seen." Chuck Steers encouraged Council to move. forward
cautiously.. Gordon moved to direct staff to draft an amendment adopting the
project with Newbury seconding. "I feel that this is an opportunity to continue
moving forward as long as staff can craft an iron clad agreement,° commented
Cleveland.
The fourth item on the:agenda was the I-70 Fiber Optic Project introduction.
Information Technology_ Director Ron Braden.asked Council for authorization to
enter, into an Intergovemmental Agreement with the Colorado Department of
Transportation (CDOT) and an agreement with their contractor, TetraTek, for up
to $600,000 to exfend f.ber optic cable from MM 182 to .MM 177. This
expenditure;will be budgeted in the second supplemental appropriation of 2008.
Braden clarified. CDOT did not have funds to expand the fber to: Dowd Junction.
Zemter commented,. "This gets us a lot (communication capability) of what we are
interested in ,regard to managing ~ 1-70 closures." Braden also said there are
numerous. advantages to the town. owning this fiber. During a.pause for public
comment, Vail Homeowners Association representative Jim Lamortt spoke in
support of the projecL Rogers moved to approve the request with Gordon
seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was the First reading of Ordinance 15; Series of
. 2008, an orciinance amending Section 10-1-2, Adopted Codes, Vail Town Code,
in order to adopt the 2008 National Electrical Code, and Section 10-1-9, Electrical Code Amendments, Vail Town Code, in order to adopt amendments to
the 2008 National Electrical Code. . Every three .years, the administrator of the National Electrical Code (NEC), the
National Fire Protection Association (NFPA) conducts a public review process to
update the NEC. This-year, the NFPA adopted the 2008 NEC, which will be.
offcially adoptedby the State of Colorado on August 1, 2008. Gordon moved to
approve the ordinance with Rogers seconding. Daly,said it was in the best
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interest of the community to move forward with the code update. The motion
passed unanimously, 7-0.
The sixth item on the agenda was the First reading of Ordinance No. 16, Series
of 2008, an ordinance to allow for the rezoning of two unplatted parcels
commonly known as the "Vail Professional Building" and "Cascade Crossing"
from Arterial Business district to LionsHead Mixed Use-2 district and portions of
unplatted and unzoned South Frontage Road West right-of-way to LionsHead
Mixed Use-2 district
On October 22, 2007, the PEC voted 5-1-0 (Cleveland opposed) to forward a
recommendation of approval for the rezoning of the properties known as
Cascade Crossing, the Vail Professional Building, and portions of the South
- Frontage Road West right-of-way that would become a part of developable lots
once the Frontage Road were relocated to parallel the interstate. Ruther
encouraged Council to table the item. "This is an eleven acre site and Vail
Resorts is essentially creating a new Village...This will be the largest
development the town will see in the near future in terms of the acreage and the
size of the project...Things will continue to come up through the developmerrt
review process...We are trying to be proactive and address the issues as we go
forward." Newbury moved to table the item to August 5 with Rogers seconding.
Vail Resorts representative Tom Miller said his company wanted to reopen the
lines of communication. Cleveland said the rezoning is probably the biggest
expansion of rights the town could provide. "We need to sit down with our
attorney and determine what is appropriate and what is not appropriate." Mire
explained, "VVe both have the same goal, the least amount of conditions as '
possible." Applicant representative Dominic Mauriello explained, "It is a large
grant, but it doesn't entail the whole property." The motion to table passed
unanimously, 7-0.
The seventh item on the agenda was a request for second reading of Ordinance
No. 5, Series of 2008, an ordinance approving a major amendment to Special
Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-
10, Amendment Procedures, Vail Town Code, to allow for the development of the
Comerstone Site
Planner Scot Hunn recommended Council approve, on second reading,
Ordinance No. 5. Series of 2008, an ordinance approving a major amendment to
SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the development of the Comerstone
Site. On January 28, 2008, the PEC voted unanimously to forward a
recommendation for approval, with conditions, of an application for a major
amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the development of the
Comerstone Site. On July 1, 2008, the Vail Town Council held a public hearing to
consider Ordinance No. 5, Series of 2008, an ordinance approving a major
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, amendment to SDD No. .4, Cascade Village, - on first reading. At that, meeting;
~ Council voted 6-1 (Foley opposed) to approve, with conditions; Ordinance No. 5,
Series of. 2008, on first reading. Rogers I moved `to appr+ove the ordinance with
Newbury seconding. Rogers then withdrew her motion to allow staff the
. opportunity to. clarify a-finding. Later in the evening Newbury moved to approve
. the ordinance pursuant: to. the findings on page four of the staff. memorandum
dated July 15, with Gordon seconding. The motion passed unanimously, 6-1 with
Foley opposed: Foley *stated his. vote was based on 'recent and past
discrepancies in allowable -Gross Residential Floor area on the project site.
Jhe eighth item on the agenda was the seoond reading of prdinance No. '12,
Series of 2008, an ordinance amending Chaptee 12-16, Conditional Use Permits,
to allow for the administrative review, and . approval of specific conditional
usesPEC0801,03) (10 min.) . -
On June . 23,. 2008, the PEC voted 6-0-0 to foiward ~ a recommendation of
approval _ for the prescribed text amendments- of Ordinance No. 12, Series of
200& The : purpose of the proposed amendments : is to streamline the town
development review process, while achieving the same development outcomes.
- At its July 1, 2008, public hearing; the Town Council approved the first reading of
Ordinance No. 12,. 2008, by a vote of 4-3-0 (Foley; Daly, and Hitt opposed).
Since ' the first reading, staff. proposed to delete the word "significantly" from
proposed Section 12-16-10-6 to address some of the -Council Members'
concems about the firsf reading. Daly moved.to approve the ordinance pursuant
to the fndings on page three of the. staff memoranduin dated July 15, with
Rogers seconding. The motion passed unanimously; 7-0. .
The ninth item on the agenda was Resolution No: 14, Series of 2008, a
Resolution Approving an Intergovemmental Golf Course Lease Agreement with
the Vail Park and Recreation District. '
The Town and the Vail Park and Recreation District (the "VRD") entered into a
golf course lease agreement on May 27, 1966. On March 4, 2008 Council authorized the Town Manager to enter into a Master Facilities Lease Agreement
with the VRD expressly - contingent upon the eventual approval of an
intergovemmental lease agreement with the VRD for the Vail Golf Course.
Newbury moved to approve the resolution with Foley seconding. Gordon
emphasized the importance of cooperation between the two entities. The motion
passed unanimously, 7-0.
--Adjoumment..
Newbury moved adjoum with Foley seconding at approximately 10:22 p.m. The
motion passed-unanimously, 7-0. `
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Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
s
49 CFR Part 26 August 2008
TOWN OF VAIL
VAIL TRANSIT
DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM
Submitted August 2008
Contact:
Mike Rose
Transportation Manager
Vail Transit
241 So Frontage Road E, 44
Vail, CO 81657-5245
970-479-2178
mroser~r,!vailzov.com
Town of Vail/dba Vail Transit Page 1 of 61
. i
49 CFR Part 26 August 2008 '
POLICY STATEMENT
Section 26.1, 26.23 Objectives/Policy Statement
The Town of Vail/dba Vail Transit has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the U.S. Department of Transportation (FTA/DOT), 49
CFR Part 26. Town of Vail/dba Vail Transit has receiv.ed Federal financial assistance from the
Departrtient of Transportation, and as a condition of receiving this assistance,,Town of Vail/dba
Vail Transit has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the Town of Vail/dba.Vail Transit to ensure that DBEs are defined in part 26,
have an equal opportunity to receive and participate in FTA/DOT-assisted contracts. It is also
, our policy: '
1. To ensure nondiscrimination in the award and administration of FTA/DOT assisted
contracts; . " 2. To create a level playing filed on which DBEs can compete fairly for FTA/DOT
' assisted contracts; -
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable
law; ' . 4: Jo ensure thatonly firms that fully meet 49 CFR Part 26 eligibilitystandards are
. permitted to participate as DBEs;: _
5. To help"remove 6arrier"s to the participation of DBEs in FTA/DOT assisted contracts; -
6. To assist the development of firms that can compete successfully in the market place
outside the DBE Program. .
Mike Rose, Transportation Manager has been delegated as the DBE Liaison Officer. In that
capacity, Mike Rose is responsible.for implementing all aspects of the DBE program:
Implementation of the DBE program 'is accorded the same priority as compliance with all other
legal obligations incurred by_ the Town of Vail/dba Vail Transit in its:financial assistance -
agreements with the D'epartment of Transportafion. Town of Vail/dba. Vail Transit has disseminated this policy statement to the Town Council and all
of the components of our organization. We will distribute this statement to DBE and non-DBE
business communities that perform work for us on FTA/DOT-assisted contracts by placing ads in.
the local newspaper and on the Town web site.
- - Stan Zemler Date
Town Manager, Town of Vail , , .
Town of Vail/dba Vail Transit Page 2 of 61
~
49 CFR Part 26 August 2008
SUBPART A - GENERAL REQUIREMENTS
Section 26.1 Objectives
The objectives are found in the policy statement on the first page of this program.
Section 26.3 Appiicability
The Town of Vail/dba Vail Transit is not the recipient of any federal airport funds authorized by 49
U.S.C. 47101, etseq.
The Town of Vail/dba Vail Transit is the recipient of federal highway funds authorized under Titles
I and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
of 2005 (SAFETEA-LU), Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub.
L. 102-240, 105 Stat. 1914, Titles I, III, and V of the Transportation Equity Act for the 2155 Century
(TEA-21), Pub. L. 105-178, 112 Stat. 107.
The Town of Vail/dba Vail Transit is the recipient of federal transit funds authorized by Titles I, III,
V, and VI of SAFETEA-LU, ISTEA, Pub. L. 102-240 or by Federal transit laws in Title 49, U.S.
Code, or Titles I, II, and V of the TEA-21, Pub. L. 105-178.
Section 26.5 Definitions
The Town of Vail/dba Vail Transit will adopt the definitions contained in Section 26.5 for this
program.
Section 26.7 Non-discrimination Requirements
The Town of Vail/dba Vail Transit will never exclude any person from participation in, deny any
person the benefits of, or otherwise discriminate against anyone in connection with the award and
performance of any contract covered by 49 CFR part 26 on the basis of race, color, sex, or
national origin.
In administering its DBE program, the Town of Vail/dba Vail Transit will not, directly or through
contractual or other arrangements, use criteria or methods of administration that have the effect
of defeating or substantially impairing accomplishment of the objectives of the DBE program with
respect to individuals of a particular race, color, sex, or national origin.
Section 26.11 Record Keeping Requirements
Reaortin4 to FTA/DOT: 26.11(b)
We will report DBE participation to FTA/DOT as follows:
We will report DBE participation on a semi-annual basis, using the Uniform Report of DBE
Awards or Commitments and Payments form. These reports will reflect payments actually made
to DBEs on FTA/DOT-assisted contracts.
Bidders List: 26.11(c)
The Town of Vail/dba Vail Transit will utilize the Colorado Department of Transportation (CDOT)
Unified Certification Program (UCP) bidders list, consisting of information about all DBE and non-
DBE firms that bid or quote on FTA/DOT-assisted contracts. The purpose of this requirement is
to allow use of the bidder's list approach to calculating overall goals. The bidder list will include
the name, address, DBE non-DBE status, age, and annual gross receipts of firms.
Town of Vail/dba Vail Transit ' Page 3 of 61 •
49 CFR Part 26 August,2008 We will collect this information, in,the following ways: .
A contract clause that requires the bidder to supply information on DBE contractors that provided
quotes.
Section 26.13 Federal Financial Assistance Agreement
Town of Vail/dba Vail Transit has signed the following assurances, applicable to all FTA/DOT
• assisted contracts and their administration:
Assurance: 26.13(a)
Town of-Vail/dba Vail.Transit shall not. discriminate on the basis of race, color,
national origin, or sex in the award and.performance of any FTA/DOT,assisted ,
contract or in the, administration of its DBE Program orthe requirements of.49
CFR part 26. The recipient shall take all necessary and reasonable steps under
' 49 CFR part 26 to ensure nondiscrimination in the award and administration of
FTA/DOT assisted contracts. The recipienYs DBE Program, as required by 49
CFR part 26 and as approved by FTA/DOT,. is incorporated by feference in this
' agreement. Implementation of this program is a legal obligation and failure to carry. out its terms shall be treatecl as a violation of this agreement. Upon
notification to tfie Town of Vail/dba Vail Transit of its failure to carry out its
approved program, the Department may impose sanction as provided for under
part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U:S.C. .
3801 et seq.).
This language will appear in financial assistance agreements with sub-recipients. -
Contract-Assurance:. 26.13b
We will ensure that the following clause is placed in every FTA/DOT-assisted contract and
subcontract: ,
The contractor, sub-recipient, or subcontractor shall not discriminate.on the basis of race,
color, national origin;.or se.x in the performance of this contract. .The contractor shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
FTA/DOT assisted contracts. Failure by the contractor to carryout these requirements is
a material breach of this contract, which may result in the termination of this contract or
such other remedy as the recipient deems appropriate. ' -
SUBPART B - ADMINISTRATIVE REQUIREMENTS :
Section 26.21 DBE Program Updates ,
The Town of Vail/dba Vail Transit has received grants of approximately $2;119;450 with '
$1,685,866. available for contracting.- We will continue to carry out this program until all funds' .
from FTA/DOT financial assistance have been expended. We will provide. to FTA/DOT updates
representing significant changes in the program.
Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this program.
Town of Vail/dba Vail Transit Page 4 of 61 `
49 CFR Part 26 August 2008
Section 26.25 DBE Liaison Officer (DBELO)
We have designated the foliowing individual as our DBE Liaison Officer:
Mike Rose
Transportation Manager
Vail Transit
241 So Frontage Road E, #4
Vail, CO 81657-5245
970-479-2178
mrosei«~vailaav.com
In that capacity, the DBELO is responsible for implementing aii aspects of the DBE program and
ensuring that the Town of Vail/dba Vail Transit complies with all provision of 49 CFR Part 26. The
DBELO has direct, independent access to the City Manager concerning DBE program matters.
An organization chart displaying the DBELO's position in the organization is found in Attachment
1 to this program.
The DBELO is responsible for developing, implementing and monitoring the DBE program, in
coordination with other appropriate officials. The DBELO has staff to assist in the administration
of the program. The duties and responsibilities include the following:
1. Gathers and reports statistical data and other information as required by FTA/DOT.
2. Reviews third party contracts and purchase requisitions for compliance with this
program.
3. Works with all departments to set overall annual goals.
4. Ensures that bid notices and requests for proposals are available to DBEs in a
timely manner.
5. Identifies contracts and procurements so that DBE goals are included in solicitations
(both race-neutral methods and contract specific goals attainment and identifies
ways to improve progress). 6. Analyzes Town of Vail/dba Vail Transit progress toward attainment and identifies
ways to improve progress.
7. Participates in pre-bid meetings.
8. Advises the City Council/goveming body on DBE matters and achievement.
9. Chairs the DBE Advisory Committee.
10. Participates in pre-bid meetings.
11. Provides DBEs with information and assistance in preparing bids, obtaining bonding
and insurance.
12. Plans and participates in DBE training seminars.
13. Acts as liaison to the Uniform Certification Process in Colorado. The Colorado
Department of Transportation will certify the DBEs. '
14. Provides outreach to DBEs and communiry organizations to advise them of
opportunities.
15. Maintains information to access the CDOT UCP Program updated directory on
certified DBEs.
Section 26.27 DBE Financial Institutions
It is the policy of the Town of Vail/dba Vail Transit to investigate the full extent of senrices offered
by financial institutions owned and controlled.by socially and economically disadvantaged
individuals in the community, to make reasonable efforts to use these institutions, and to
encourage prime contractors on FTA/DOT-assisted contract to make use of these institu6ons.
Town of Vail/dba Vail Transit . Page 5 of 61
1 49 CFR Part 26 August 2008
We have made the following efforts to identify and use_such institutions: Consult other larger DBE
programs to see if any exist within the state. The Colorado Department of Transportation DBE
Program Plan, states "CDOT has thoroughly investigated the full extent of services offered by
fnancial institutions owned and controlled by socially and economically disadvantaged individuals
in Colorado". To date CDOT has identified none. If CDOT has not been able to identify these
institutions then we believe there are none.
If any institutions are discovered, the information on the availabilityof such instituti,ons can be
obtained from the DBE Liaiscn Officer.
Section 26.29 Prompt Payment Mechanisms
The Town of Vail/dba Vail Transit will include the following clause in each FTAJDOT assisted
prime contract:
The prime contractor agrees to pay each subcontractor under fhis prime contract
for satisfactory performance of its contract no, later than seven calendar days
from the receipt of each payment the prime contract receives from the Town of
Vail/dba Vail Transit.. The prime contractor agrees further to return retainage
payments to each,subcontractor within seven calendar.days after the
subcontractors' work is satisfactorily completed.. Any delay or postponement of
. payment from the above referenced time frame may occur only for good cause
' following written approval of the Town of Vail/dba Vail Transit. This clause
applies to both DBE and non-DBE subcontracts.
Section 26.31 Directory
The Town of Vail/dba Vail Transit maintains access information for the CDOT UPC directory
.
identifying all firms eligible to participate as DBEs. The directory lists the firm's name, address,
phone number, date of the most recent certification, and the type of work the firm has been
certifed. to perForm as a DBE. This Directory is updated annually.. We make the directory
available by_contacting the CDOT Office Of Certification, 4201. East Arkansas Ave.,.Deriver, CO '
80222; Phone 303-512-4140.br by contacting Mike Rose, DBE Liaison Officer, 241 S. Frontage
Road E., #4, Vail, C0 81657, I?hone 970-479-2178 More information about the Directory may be ,
found in Attachment 2 tb this program document. , .
~
Section 26.33 Over-concentration
Town of VaiUdba. Va,il Transit has not identified that over-concentration exists in the types of work
that. DBEs perform.
Section 26.35 Business Development Programs . . Town of Vail/dba Vail Transit.has not established a business development program.
Section 26.37- Monitoring and Enforcement Mechanisms .
a
Town of,Vail/dba Vail Transit will take the following monitoring and enforcement mechanisms to
ensure compliance with 49 CFR Part 26.
1. We will bring to the attention of the Department of Transportation any false, fraudulent, or
dishonest conduct_ in connectian with.the program, so that FTA/DOT can talie the steps (e.g., referral to.the Department of Justice for.criminal prosecution, referral to,the FTA/DOT '
Inspector General, action under suspension and debarment or Program Fraud and Civil
- Penalties rules) provided in 26.109. _
Town of Vail/dba Vail Transit Page 6 of 61
49 CFR Part 26 August 2008
2. We wili consider similar action under our own legal authorities, including responsibility
determinations in future contracts. Attachment 3 lists the regulation, provisions, and contract
remedies available to us in the events of non-compliance with the DBE regulation by a
participant in our procurement activities.
3. We will also provide a monitoring and enforcement mechanism to verify that work committed
to DBEs at contract award is actually performed by the DBEs. This will be accomplished by
requiring a certification that the designated DBE belongs to a certified DBE program.
4. We will keep a running tally of actual payments to DBE firms for work committed to them at
the time of contract award.
SUBPART C- GOALS, GOOD FAITH EFFORTS. AND COUNTING
Section 26.43 Set-asides or Quotas
The Town of Vail/dba Vail Transit does not use quotas in any way in the administration of this
DBE program.
Section 26.45 Overall Goals
A description of the methodology to calculate the overall goal and the goal calculations can be
found in Attachment 4 to this program. This section of the program will be updated annually.
1) In accordance with Section 26.45(f) the Town of Vail/dba Vail Transit will submit its overall
goal to FTA/DOT on August 1 of each year. Before establishing the overall goal each year,
Town of Vail/dba Vail Transit will consult with the Census Bureau, CDOT, City and Counry of
Denver, Denver Regional Transportation District, minority and women businesses and
Association of General Contractors to obtain information concerning the availability of
disadvantaged and non-disadvantaged businesses, the effects of discrimination on
opportunities for DBEs, and the Town of Vail/dba Vail Transit efforts to establish a level
playing filed for the participation of DBEs.
Following this consultation, we will publish a notice of the proposed overall goals, informing the
public that the proposed goal and its rational are available for inspection during normal business
hours at your principal office for 30 days following the date of the notice, and informing the public
that FTA/DOT will accept comments on the goals for 45 days from the date of the notice. The
Town of Vail/dba Vail Transit will advertise in the Vail Daily newspaper and the Town web site.
Normally, we will issue this notice around June 15th of each year. The notice must include
addresses to which comments may be sent and addresses (including offices and websites) where
the proposal may be reviewed.
Our overall goal submission to FTA/DOT will include a summary of information and comments
received during this public participation process and our responses.
We will begin using our overall goal on October 1 of each year, unless we have received other
instructions from FTA/DOT. If we establish a goal on a project basis, we will begin using our goal
at the time of the first FTA/DOT-assisted contract for the project.
Section 26.49 Transit Vehicle Manufacturers Goals
Town of Vailldba Vail Transit will require each transit vehicle manufacturer (NM), as a condition
of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that
it has complied with the requirements of this section. Altematively, Town of Vail/dba Vail Transit
may, at its discretion and with FTA approval, establish project-specific goals for DBE participation
in the procurement of transit vehicles in lieu of the NM complying with this element of the
program.
Town of Vail/dba Vail Transit Page 7 of 61
49 CFR Part 26 August 2008 .
Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Conscious
Participation
The breakout of estimated race-neutral and race-conscious participation can be found in
Attachment 5 to this program. This section of the program will be updated annually when the
goal calculation is updated.
Section 26.51(d-g) Contract Goals
The Town of Vail/dba Vail Transit will use contract goals to meet any portion of the overall goal
Town of Vail/dba Vail.Transit does not project being able,to meet using race-neutral means.
Contract goals, are established so that, over the period to which the overall goal applies, they will
cumulatively result in meeting any portion of our overall goal that is not projected to be met
through the use of race-neutral means.
We will establish contract goals only on those FTA/DOT-assisted contracts that have
subcontracting possibilities. We need not establish a contract goal on every such contract, and
the size of contract goals will be adapted to the circumstances of each.such contract (e:g., type
and location of work, availability of DBEs to perform the particular type of work.)
We will express our contract goals as a percentage of total amounts of a FTA/DOT assisted
contracts.
Section 26.53 Good.Faith Efforts Procedures ,
Demonstration of aood faith efforts (26.53(a) &(c)) `
The obligation of the bidder/offeror is to make good faith efforts: The bidder/offeror can
demonstrate that it has done so either by meeting the, contract goal or documenting good faith
, efforts. Ezamples of good faith efforts are found in Appendix A to Part 26.
The following personnel are responsible for determining whether a bidder/offeror who has not met
the contract goal has documented sufficient good faith efforts to be regarded as responsive:
DBELO -
We.will ensure that all information is complete and accurate and adequately documents the ,
bidder/offer'srgood faith efforts before we commit to the performance of the contract by the .
bidder/offeror.
Information to be submitted (26.53(b)) •
Town of Vail/dba Vail Transit treats bidder/offers' compliance with good faith efforts' requirements
as a matter of responsiveness.
Each solicitation for which a contract goal has been established will require the bidders/offerors to
submit the following information:
1. The names and addresses of DBE firms that will participate in the contract;
2. A desceiption of the work that each DBE will perform;
3. The dollar amount of the participation of each pBE•firm partic.ipatirig;
4. Written and signed documentation of commitment to use a DBE subcontractor whose
participation it submits to meet a contract goal; •
5. Written and signed confirmation from the DBE that it is participating in the contract as
provided in the prime contractors commitment and '
6. If the contract goal is not met, evidence of good faith efforts. Town of Vail/dba Vail Transit Page 8 of 61
49 CFR Part 26 August 2008
Administrative reconsideration (26.53(d))
Within 5 working days of being informed by Town of Vail/dba Vail Transit that it is not responsive
because it has not documented sufficient good faith efforts, a bidder/offeror may request
administrative reconsideration. Bidder/offerors should make this request in writing to the
following reconsideration official: Town Manager, Town of Vail, 75 Frontage Road, Vail, CO
81657. The reconsideration official will not have played any role in the original determination that
the bidder/offeror did not document sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate
good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our
reconsideration official to discuss the issue of whether it met the goal or made adequate good
faith efforts to do. We will send the bidder/offeror a written decision on reconsideration,
explaining the basis for finding that the bidder did or did not meet the goal or make adequate
good faith efforts to do so. The result of the reconsideration process is not administratively
appealable to the Department of Transportation.
Good Faith Efforts when a DBE is realaced on a contract (26.53(f))
Town of Vail/dba Vail Transit will require a contractor to make good faith efforts to replace a DBE
that is terminated or has otherwise failed to complete its work on a contract with another certified
DBE, to the extent needed to meet the contract goal. We will require the prime contractor to
notify the DBE Liaison officer immediately of the DBE's inability or unwillingness to perForm and
provide reasonable documentation.
In this situation, we will require the prime contractor to obtain our prior approval of the substitute
DBE and to provide copies of new or amended subcontracts, or documentation of good faith
efforts.
If the contractor fails or refuses to comply in the time specified, our contracting office will issue an
order stopping all or part of paymenUwork until satisfactory action has been taken. If the
contractor still fails to comply, the contracting officer may issue a termination for default
proceeding.
Samqle Bid Specification:
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,
apply to this contract. It is the policy of the Town of Vail/dba Vail Transit to practice
nondiscrimination based on race, color, sex, or national origin in the award or performance of
this contract. All firms qualifying under this solicitation are encouraged to submit
bids/proposals. Award of this contract will be condiUoned upon satisfying the requirements of
this bid specification. These requirements apply to all bidders/offerors, including those who
qualify as a DBE. A DBE contract goal of percent has been established for this
contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR
Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of
this contract.
The bidder/offeror will be required to submit the following information: (1) the names and
addresses of DBE firms that will participate in the contract; (2) a description of the work that each
DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4)
Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is
participating in the contract as provided in the commitment made under (4); and (5) if the contract
goal is not met, evidence of good faith efforts.
Town of Vail/dba Vail Transit Page 9 of 61
49 CFR Part 26 August 2008
Section 26.55 Counting DBE Participation
We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55.
SUBPART D = CERTIFICATION. STANDARDS Section 26.61 - 26.73 Certification Process '
Town of Vail/dba Vail Transit will use the certification standards of Subpart D of Part 26 to
determine the eligibility of firms to participate as DBEs in FTA/DOT-assisted contracts. To be
. certifed as a DBE; a, firm must meet all' certification eligibility standards. VNe will rely on the
CDOT DBE certifcation process for making decisions based on the facts as a whole.
For information about the certification process or to appljr for certifcation, firms should contact:
Office of Ceitification
4201 East Arkansas Ave.
Denver, CO 80222..
Phone 303-512-4140 Availability of certifcation application.forms and documentation requirements are found in
Attachment 7 to this program.
' SUBPART E - CERTIFICATION PROCEDURES
Section 26.81 Unified Certification Programs -
Town of Vail/dba Vail Transit is a member of a CDOT UCP at this time.. We will direct all
certification inquiries to the unified certification program that is already established.
Section 26.83 Procedures for. Certification Decisions .
Re-certifications 26.83(a) 8 (c) .
The Town of .Vail/dba Vail Transit will rely on the recertification procedures outlined in 49 CFR
Part 26.83 (a) &(c) for the removal of DBE's eligibility as described in the. CDOT Program Manual ,
available in htto:/lwww.dot.siate.co.us/EEO/CDOT OBEProaramManual.pdf,
~
"No ChanQe" Affidavits'and Notices of Chan4e (26.83(i))
The Town of Vail/dba Vail; Transit will rely on the No Change Affidavits and Notices of Change
procedures outlined in.149 CFR Part 26.83 (j) for notifcation of any change in circumstances as
described,in the CDOT Program Manual available in
http:/lwww.dot.state.co.us/EEO/CDOT DBEProqramManual.pdf,
$ection 26.85 Denials of Initial Requests for Certification
The Town of Vail/dba Vail Transit will rely on the Denial of Initial Requests for Certification '
procedures :outlined in 49 CFR Part 26.85 fot denial of initial requests as descrilied in the CDOT
Program Manual available in htta:l/www.dot.state.co.us/EEO/CDOT DBEFroaramMenual.pdf,
Section 26.87 Removal of a DBE's Eligibility
The Town of Vail/dba Vail Transit will rely on the Removal of DBE's Eligibility procedures outlined
in 49 CFR Part 26.87 for removal of DBE's eligibility as described in the CDOT Program Manual
available in http:/lwww.dot.stete.co.us/EE0/CDOT DBEPro4ramManual.pdf, Town of Vail/dba Vail Transit Page 10 of 61
49 CFR Part 26 August 2008
Section 26.89 Certification Appeals
Any firm or complainant may appeal our decision in a certification matter to FTA/DOT. Such
. appeals may be sent to:
. D.epartment of'rransportation
Office of Civil Rights Certification Appeals Branch
400 7t' Street, SW
Room 2104 .
Washington, D.C. 20590
We will promptly implement any FTA/DOT certification appeal decisions affecting the eligibility of
: DBEs for our FTA/DOT-assisted contracting (e.g., certify a frm if FTA/DOT has determined that
our denial of its application was erroneous).
SUBPART F- COMPLIANCE AND ENFORCEMENT
- Section 26.1091nformation, Confidentiality, Cooperation, -
We will safeguard from discloser to third parties information that may reasonably be regarded as
confidential.business information, consistent with Federal, state, and local law.
Notwithstanding any contrary provisions of state or local law, we will not release personal-
_ financial information submitted in response to the personal net worth requirement to a third party
(other than FTA/DOT) without the written consent of the submitter.
Monitorin4 Pavments to DBEs
We will require prime contractors.to maintain records and documents of payments to DBEs for
three years following the performance of the contract. Any authorized representative of the Town
of Uail/dba Vail Transit or FTA/DOT will make these records available for inspection upon
- request. This reporting requirement also extends to any certified DBE subcontractor.
- We will perform interim audits of contract payments to DBEs. The 8udit will review payments to
DBE subcontractors to ensure that the actual amount paid to' DBE subcontractors equals or
exceeds the dollar amounts states in the schedule of DBE participation. ATTACHMENTS
Attachment 1 Organizational Chart
"
Attachment 2 . DBE Directory
Attachment 3 Monitoring and Enforcement Mechanisms
. Attachment 4 Overall Goal Calculation .
Attachment 5 Breakout of Estimated Race-Neutral & Race-Conscious Participation
Attachment 6 Forrn -1 & 2 for Demonstration of Good Faith Efforts
Attachment 7 Certification Application-Forms
Attachment 8 Procedures for Removal of DBE's Eligibiliry
- Attachment 9 Regulations: 49 CRR part 26
Town of Vail/dba Vail Transit Page 11 of 61
49 CFR Part 26 Augu"st 2008
Attachment 1
Oraanizational Chart
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Town of Vail/dba Vaii Transit Page 12 of 61 ~ -
49 CFR Part 26 August 2008
. Attachment 2
DBE Directorv
Unified Certification Program List of DBE firms. Contact:
Office of Certificafion
4201 East Arkansas Ave.
Denver, CO 80222
Phone 303-512-4140
DBE Program Contact:
Mike Rose
Transportation Manager
Vail Transit
241 So Frontage Road E, #4
Vail, CO 81657-5245
970479-2178
mrose(c4vai I;ov.co m
Town of Vail/dba Vail Transit Page 13 of 61
49 CFR Part 26 August 2008 '
AtfacFiinent 3
Monitorinq and Enfoccement Mechanisms
, The Vail Transit has available several remedies to enforce_the DBE reGuirements contained in its
contracts, including, but not limited to, the following:
1. Breach of contract action, pursuant to the terms of the contract; -
2: B.reach of eontract action, pursuant to ColoYado Revised Statutes Title 4;
In addition, the federal government has available several enforcement.mechanisms that it may
apply to fifms participating in the DBE problem, iricluding, but hot lirriited to,, the following`
. 1. Suspension or debarment proceedings pursuant to 49 CFR part 26
2. Enforcement action pursuant to 49 CFR part 31
3. Prosecution pursuant to 18 USC 1001..
Town of Vail/dba.Vail Transit Page 14 of 61
49 CFR Part 26 August 2008
Attachment 4
Section 26.45: Overall Goal Calculation
Amourrt of Goal
1. Town of Vail/dba Vail Transit overall goal for the project is the following: 1. 0% of the Federal
financial assistance we will expend in FTA/DOT-assisted contracts exclusive of FTA funds to be
used for the purchase of transit vehicles. The 2009 goal is expected to be 1.0%
2. The total Vail Transit 2009 Budget is $5,849,312. $1,166,288 is not available for contracting
leaving $4,683,024 available for contracting. The portion Federally funded is $2,119,450 or 36%
of the total budget. The funds subject to DBE assistance is $4,683,024 x 36% or 1,685,886.
Based on the DBE goal of 1.0%, the Town of Vail/dba Vail Transit has set a goal of expending
$16,589 with DBEs during this project.
Methodolo4v used to Calculate Overall Goal
Step 1: 26.45(c) Determinatiou of Base Figure
Determine the base figure for the relative availability of DBEs.
The base figure for the relative availability of DBE's was calculated as follows:
Ready, willing, and able DBEs (7)
Base figure = • = 1.0%
All firms ready, willing and able (704)
The data source or demonstrable evidence used to derive the numerator was:
The Town evaluated the CDOT On-Line Directory for existing certified DBEs
participating in the Unified Certification Program for all NAICS codes for Eagle,
Garfield, Grand, Lake and Summit Counties.
The data sowce of demonstrable evidence used to derive the denominator was:
• Colorado ES 202 Quarterly Census of Employment and Wages, Third Quarter
2007, LMI Gateway, Colorado Department of Labor and Employment.
• Included all NAICS 236 Ea le, Garfield, Grand, Lake and Summit Counties.
County Constiuction of Buildings
(NAICS 236)
EaQle 272
Garfield 193
Grand 93
Lake 12
Summit 134
Total 704
When we divided the numerator by the denominator we arrived at the base figure for our
overall goal and that number was 1.0%
Town of Vail/dba Vail Transit Page 15 of 61
49 CFR Part 26 August 2008
Step 2: 26.45(d) Adjustmentto Base Figure
After calculating a base figure of the relative availabilityof DBEs, evidence was
examined to determine what adjustment was needed to the base figure in order to arrive
at the overall goal.
The data used to determine the adjustrnent to the base f gure was:,
There is no historical record for the Town of Vail and therefore there is no data to adjust
the base figure. We anticipate that we will,be able to achieve our overall DBE goal using
race-neutral means:
Based on this data, no adjustment will be made and the overall DBE goal for 2009 will be
1.0%. .
. ' Public Particiaation
As part of the public participation process and outreach, we Fiave contacted.local business and
economic developrtient organizations; non-profits, and multi-culture assistance,groups. In
. addition to identif}iing opportunities with Vail Transit, we have provided these organizations
background information and contact iriformation about the DBE program. Information about
these contacts will be kept on file.
We will publish our goal information in this' publication:
Vail Daily
The advertisement virill read as follows:
. Public Notice
Town of VailNail: Transit In accordance,with the requirements of the U.S..Department of Transportation as set
forth: in 49 C.F.R. Part 26, as amended, the.City of VailNail Transit hereby notifes the
public that it is recomrtiending the followirig Disadvantaged BusinesS Enterprise (DBE)
goal for applicable professional services,. constcuction procurementcontract during
Fiscal Year 2009, beginning October 1, 2008 end ending September 30, 2009. The
overall total DBE goal for fiscal year is 1.6%. Information pertaining to this.goal and a
description of how it was selected is'available for inspection from 8:00 A.M. to 5:00 P.M.
(mountain time) at the Vail Transit Office, 241 F. Frontage Road E, #4, Vail, CO, 81657-
- 5245 for 30 days, following the date of this notice. Written commentson this goal will be. ,
accepted for 45 days from the date of this notice. The comments are for_information
purposes only and,may be senf the DBE Office, same address, or to the Regional Civil
- Rights Officer, Federal Transit Administration, Region 8,123.00 1Nest Dakota Avenue,
Suite 310, Lakevirood, Colorado 80228.
Town of Vail/dba Vail Transit Page 16 of 61
49 CFR Part 26 August 2008
Attachment 5
Section 26.51: Breakout of Estimated
Race-Neutral & Race Conscious Participation
Vail Transit will meet the maximum feasible portion of its overali goal by using race-neutral means
of facilitating DBE participation. Vail Transit uses the following race-neutral means to increase
DBE participation:
(1) Arranging solicitations, times for the presentation of bids, quantities, specifications, and
delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g.,
unbundling large contracts to make them more accessible to small businesses, requiring or
encouraging prime contractors to subcontract portions of work that they might otherwise
perform with their own forces);
(2) Providing assistance in overcoming limitations such as inability to obtain bonding or
financing (e.g., by such means as simplifying the bonding process, reducing bonding
requirements, eliminating the impact of surety costs from bids, and providing services to help
DBEs, and other small businesses, obtain bonding and financing);
(3) Providing technical assistance and other services;
(4) Carrying out information and communications programs on contracting procedures and
specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small
businesses, on recipient mailing lists for bidders; ensuring the dissemination to bidders on
prime contracts of lists of potential subcontractors; provision of information in languages other
than English, where appropriate);
(5) Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variery of kinds of work, handle
increasingly significant projects, and achieve eventual self-sufficiency;
(6) Ensuring distribution of your DBE directory, through print and electronic means, to the
widest feasible universe of potential prime contractors; and
(7) Assisting DBEs, and other small businesses, to develop their capability to u6lize
emerging technology and conduct business through electronic media.
We estimate that, in meeting our overall goal of 1.0%, we will obtain 1.0% from race-neutral
participation and 0% through race-conscious measures.
The following is a summary of the basis of our estimated breakout of race-neutral and race-
conscious DBE participation: The overall goal is established based on the percentage of able and
willing contractors that are DBE certified. Over the past three years, the Town of Vail has
achieved the calculated DBE goal. Therefore, we expect to achieve the goals by race neutral
participation.
In order to ensure that our DBE program will be narrowly tailored to overcome the effects of
discrimination, if we use contract goals we will adjust the estimated breakout of race-neutral and
race-conscious participation as needed to reflect actual DBE participation (see 26.51(o) and we
will track and report race-neutral and race conscious participation separately. For reporting
purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following:
DBE participation through a prime contract a DBE obtains through customary competitive
procurement procedures; DBE participation through a subcontract on a prime contract that does
not carry DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE
participation through a subcontract from a prime contractor that did not consider a firm's DBE
status in making the award.
We will maintain data separately on DBE achievements in those contracts with and without
contract goals, respectively.
Town of Vail/dba Vail Transit Page 17 of 61
49 CFR Part 26 August 2008
Attachment 6
Forms 1& 2 for Demonstration of Good Faith Efforts
FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the
foliowing manner (please check the appropriate space):
The bidder/offeror is committed to a minimum of % DBE utilization on this
contract.
The bidder/offeror (if unable to meet the DBE goal of is committed to a
minimum of % DBE utilization on this contract and submits documentation
demonstrating good faith efforts.
Name of bidder/offeror's firm:
State Registration No.
By
(Signature) Title
Town of Vail/dba Vail Transit Page 18 of 61
49 CFR Part 26 August 2008
FORM 2: LETTER OF INTENT
Name of bidder/offeror's firm:
Address:
Ciry: State: Zip:
Name of DBE firm:
Address:
City: State: Zip:
Telephone:
Description of work to be performed by DBE firm:
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described
above. The estimated dollar value of this work is $
Affirmation
The above-named DBE firm affirms that it will perform the portion of the contract for the estimated
dollar value as stated above.
By
(Signature) (Title)
If the bidder/ofFeror does not receive award of the prime contract, any and all
representations in this Letter of Intent and Affirmation shall be null and void.
(Submit this page for each DBE subcontractor.)
Town of Vail/dba Vail Transit Page 19 of 61
~ 49 CFR Part 26 August 2008 ,
Attachment 7
Certification Apalication Forms
Vail Transit will use the same forms as tlie Unifed.Certification Program (UCP) found at the
following web site: http://www.dot.state.co.us%FormsDepositorv/newapol.pdF, or by contacting:
Mike Rose
Transportation Manager
Vail Transit . .
241 So Frontage Road E,, #4
Vail, CO S 1657-5245 ,
970-479-2178 . mrose(j,-va'rl,,~,ov.coni ,
7own of Vail/dba Vail Transit Page 20 of 61
49 CFR Part 26 August 2008
Attachment 8
Procedures for Removal of DBE's Eliaibilitv
Vail Transit will rely on the procedures outlined in 49 CFR Part 26.87 for the removal of DBE's
eligibiliry as described in the CDOT Program Manual, Subpart E, Certification, Section 6,
Procedures for Removing a DBE's Eligibility. These procedures can be found at the following
web site:
httQ://www.dot.state.co.uslEEO/CDOT DBEProQramManual.odf, or by contacting:
Mike Rose
Transportation Manager
Vail Transit
241 So Frontage Road E, 44
Vail, CO 81657-5245
970-479-2178
mrose(~-%?vailgov.com
Town of Vail/dba Vail Transit Page 21 of 61
49 CFR Part26, August 2008
Attachment 9
PART 26 PARTICIPATION BY DISADVANTAGED BUSINESS
EN'TERPRISES IN DEPARTMENT OF TRANSPORTATION
- - -
~ -FINANCIAL ASSIS'i'ANCE PROGRAIVIS
, 2) Subpart A General
Sec:
26.1 What are the objectives of this part? .
26.3 To whom does this part apply?
26.5 What do the terms used in this part mean?26.7 What discriminatory actions are forbidden'?
26.9 How does the Department issue guidance and interpretations under this part?
26.11 What recorcls do recipients keep and report?
26.13. What assurances must recipients and contractors make?. '
26.15 How cari recipients apply for exemptions or waivers?
Subpart B- AdministrativeRequirements for DBE Programs
for Federally-Assisted Contracting
' 26.21 Who must have a DBE program?
26.23 What is the requirement for a policy statement? '
26.25 What is the requirement for a liaison officer?
26.27 What efforts must recipients make conc.erning DBE financial institutions?
26.29 What prompt paymenrmechanisms rriay recipients have?
26.31 What requirements pertain to the DBE directory?
.
26.33 What steps must a recipient take to address.overconcentration of DBEs in certain types of work?
26.35 What role do business development arid mentor-protege programs have•in the DBE program?
26.37 What are a recipient's responsibilities for monitoring the performance of other program
participants?
Subpart C- Goals, Good Faith Efforts, and Counting
26.41 What is the role of the statutory 10 percent goal in this program? .
26.43 Can recipients use set-a.5ides or quotas as part of this program?
26.45 How do recipients set overall goals? .
26.47 Can recipients be penalized for failing to meet overall goals?
26.49 How are overall goals established" for transit vehicle manufacturers?
. 26.51 What means do recipients use to meet overall goals?
26.53 What are the good faith efforts procedures recipients follow in situations where there are
contract goals?
26.55 How is DBE participation counted toward goals?
Subpart D --.Certification Standards 26.61 How are burdens of proof allocated, in the certification process?
26.63 What rules govern group membership determinations?
. 26.65 What rules govem business size determinations?
,
26.67 What rules govem determinations of social and economic disadvantage'?
26.69 What rules govem determinations of ownership?
26.71 What rules govem determinations concerning control?
26.73 What are other rules affecting certitication?
, Town of Vail/dba Vail Transit Page 22 of 61 .
49 CFR Part 26 August 2008
Subpart E - Certification Procedures
26.81 What are the requirements for Unified Certification Programs?
26.83 What procedures do recipients follow in making certification decisions?
26.85 What rules govern recipients' denials of initial requests for certification?
26.87 What procedures does a recipient use to remove a DBE's eligibility?
26.89 What is the process for certification appeals to the Department of Transportation?
26.91 What actions do recipients take following FTA/DOT certification appeal decision.s'?
Subpart F-- Compliance and Enforcement
26.101 What compliance procedures apply to recipients?
26.103 What enforcement actions apply in FHWA and FTA programs?
26.105 What enforcement actions apply in FAA Programs'?
26.107 What enforcement actions apply to firms panicipating in the DBE program?
26.109 What are the rules goveming information, confidentiality, cooperation, and intimidation
or retaliation?
Appendix A to part 26 Guidance Concerning Good Faith Efforts
Appendix B to part 26 Forms [Reserved]
Appendix C to part 26 DBE Business Development Program Guidelines
Appendix D to part 26 Mentor-Protege Program Guidelines
Appendix E to part 26 Individual Determinations of Social and Economic Disadvantage
Authority: 23 U.S.C. 324; 42 U.S.C. 2000d, et seq.); 49 U.S.C 1615, 47107, 47113, 47123Sec.
1101(b), Pub. L. 105-178, 112 Stat. 107,113.
Subpart A - General
§ 26.1 What are the objectives of this part?
This part seeks to achieve several objectives:
(a) To ensure nondiscrimination in the award and administration of FTA/DOT-assisted contracts in
the Department's highway. transit, and airport financial assistance programs;
(b) To create a level playing field on which DBEs can compete fairly for FTA/DOT-assisted
contracts:
(c) To ensure that the Department's DBE program is narrowly tailored in accordance with
applicable law;
(d) To ensure that only firms that fully meet this paR's eligibility standards are permitted to
participate as DBEs;
(e) To help remove barriers to the participation of DBEs in FTA/DOT-assisted contracts;
(f) To assist the development of firms that can compete successfully in the marketplace outside the
DBE program; and
To provide appropriate flexibility to recipients of Federal financial assistance in establishing and
providing opportunities for DBEs.
§ 26 3 To whom does this part apply?
(a) If you are a recipient of any of the following types of funds, this part applies to you:
(1) Federal-aid highway funds authorized under Titles I(other than Part B) and V of the Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, or Titles I,
III, and V of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178, 112 Stat.
107.
Town of Vail/dba Vail Transit Page 23 of 61
49 CFR Part 26 August 2008
(2) Federal transit funds authorized by Titles I. III, V and VI of ISTEA,. Pub. L. 102-240 or by
Federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the TEA-21, Pub. L. 105-178.
(3) Airport funds authorized by 49 U.S.C. 47101, et seq.
(b) [Reserved]
(c) If you are letting a contract, and that contract is to be performed entirely outside the United
States, its temtories and possessions,.Puerto Rico, Guam; or the Northem Marianas Islands, this part
does not apply to the contract. ,
(d) If•you are letting.a contract in which FTA/DOT financial assistance does not participate, this
part does not.apply to the contract.
~ 26.5 What do the terms used in this part mean?
Affiliatioir has the same meaning the term has in the Small Business Administration (SBA) regulations,
I 3 CFR part 121. . (1) Except as otherwise provided in 13 CFR part 121, concerns are affiliates of each other when,
either directly,or indirectly:
(i) One concern controls or has the power to control the other; or
(ii) A third party or parties controls or has the power to control both; or
(iii) An identity of interest between or among parties exists such that affiliation may be found.
(2) In determining whether affiliation exists, it is necessary to consider all appropriate factors,
including common ownership, common management, and contractual relationships. Affiliates must
be considered together in determining whether a concern meets small business size criteria and the
statutory cap on the participation of firms in the DBE program.
Alusku Nutive means a citizen of the United States who is a person of one-fourth degree or more
Alaskan Indian (including Tsimshian Indians not enrolled in the Metlaktla_Indian Community),
ESkimo, or Aleut blood, or a combination of those bloodlines. The term includes, in the absence of
proof of a minimum blood quantum,,any citizen whom a Native viflage or Native group regards as an
Alaska Native if their father or mother is regarded as an Alaska Native.
Alaska Nutive Corporation (ANC) means any Regional Corporation, Village Corporation, Urban
Corporation, or Group Corporation organized under the laws of the State of-Alaska in accordance with -
the Alaska•Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.).
Compliunce means that a recipient has correctly implemented the renuirements of this part.
Cofnract means a legally binding relationship obligating a seller to furnish supplies or services ,
(including, but not limited to, construction and professional services) and the buyer to pay for them.
Contractor means one who participates, through a contract or subcontract (at any tier), in a FTA/DOT-
assisted, highway, transit, or airport program.
Departmeitt or FTA/DOT means the U.S. Department of Transportation, including the Office of the
Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA),
and the Federal Aviation Administration (FAA). • Disadvantaged business errterprise or DBE ineans a for-profit small liusiness concern •
(1) That is at least 51 percent owned by one or.more individuals who are both socially and
economically disadvantaged or, in the case of a corporation, in which 51 percent'of the stock is owned
by one or more such individuals; and .
(2) Whose mariagement and daily business operations are controlled by one or more of the,socially
and economically disadvantaged individuals who own it.
FTA/DOT-assisted contract means any contract between a recipient and a contractor (at any tier)
funded in whole or in part with FTA/DOT financial assistance, including letters of credit or loan
guarantees, except a contract solely for the purchase of land.
. Good faith effons means efforts to achieve a DBE goal or other requirement of this part which, by their
scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program
requirement.
Immediate fanrily member means father, mother, husband, wife, son, daughter, brother, sister,
grandmother, grandfather, grandson, granddaughter, mother-iri-law, or father-in-law. /ndian tribe means any Indian tribe, band, nation, or other organized aroup or community of Indians,
including any ANC, which is recognized as eligible for the special programs and services provided by
Town of Vail/dba Vail Transit Page 24 of 61
49 CFR Part 26 August 2008
the United States to Indians because of their status as Indians, or is recognized as such by the State in
which the tribe, band, nation, group, or community resides. See definition of "tribally-owned
concern" in this section.
Joirtt verrttire means an association of a DBE firm and one or more. other firms to carry out a single,
for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and
knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of
the contract and whose share in the capital contribution, control, management, risks, and profits of the
joint venture are commensurate with its ownership interest.
Native Hawuiiarr means any individual whose ancestors were natives, prior to 1778, of the area which
now comprises the State of Hawaii.
Native Hawaiiuir OrgaiTization means any community service organization serving Native Hawaiians
in the State of Hawaii which is a not-for-profit organization chartered by the State of Hawaii, is
controlled by Native Hawaiians, and whose business activities will principally benefit such Native
Hawaiians.
Noncompliance means that a recipient has not correctly implemented the requirements of this part.
Operating Adnrirtistration or OA means any of the following parts of FTA/DOT: the Federal Aviation
Administration (FAA). Federal Highway Administration (FHWA), and Federal Transit Administration
(FTA). The "Administrator" of an operating administration includes his or her designees.
Per.sonal tief tivorth means the net value of the assets of an individual remaining after total liabilities
are deducted. An individual's personal net worth does not include: The individual's ownership
interest in an applicant or participating DBE firm or the individual's equity in his or her primary place
of residence. An individual's personal net worth includes only his or her own share of assets held
jointly or as community property with the individual's spouse.
Primary• industrv classificatroii means the four digit Standard Industrial Classification (SIC) code
designation which best describes the primary business of a firm. The SIC code designations are
described in the Standard Industry Classification Manual . As the North American Industrial
Classification System (NAICS) replaces the SIC system, references to SIC codes and the SIC Manual
are deemed to refer to the NAICS manual and app(icable codes. The SIC Manual and the NAICS
Manual are available through the National Technical Information Service (NTIS) of the U. S.
Department of Commerce (Springfield, VA, 22261). NTIS also makes materials available through its
web site (www.ntis.gov/naics).
Primury• recipieitt means a recipient which FTA/DOT financial assistance and passes some or all of it
on to another recipient.
Principal pluce of business means the business location where the'individuals who manage the firm's
day-to-day operations spend most working hours and where top management's business records are
kept. If the offices from which management is directed and where business records are kept are in
different locations, the recipient will determine the principal place of business for DBE program
purposes.
Program means any undertaking on a recipient's part to use FTA/DOT financial assistance, authorized
by the laws to which this part applies.
Race-consciotr.s measure or progrunt is one that is focused specifically on assisting only DBEs,
incfuding women-owned DBEs.
Ruce-rieutra! nreasure or progranr is one that is, or can be, used to assist all small businesses. For the
purposes of this part, race-netttral includes gender-neutrality.
Recipient is any entity, public or private, to which FTA/DOT financial assistance is extended, whether
directly or through another recipient, through the programs of the FAA, FHWA, or FTA, or who has
applied for such assistance.
Secretarv means the Secretary of Transportation or his/her designee.
Set-aside means a contracting practice restricting eligibility for the competitive award of a contract
solely to DBE firms.
Small Business Adnrinistration or SBA means the United States Small Business Administration. Sn:al/ bitsiiress cotrcern means, with respect to firms seeking to participate as DBEs in FTA/DOT-
assisted contracts, a small business concern as defined pursuant to section 3 of the Small Business Act
and Small Business Administration regulations implementing it (13 CFR part 121) that also does not
exceed the cap on average annual gross receipts specified in §26.65(b).
Town of Vail/dba Vail Transit Page 25 of 61
49 CFR Part 26 August 2008
Socia!/v and ecaromical/v disadvantaged iirdividual means any individual who is a citizen (or lawfully
. admitted perinanent resident) of the.United States and who is
,(1) Any individual who a recip'ient finds to be a socially and econorimically disadvantaged individual
on a case-by-case basis. " ' • " ' '
(2) A"ny individual in the following groups, members of wfiich are.rebuttabiy presumed to be
socially and economically disadvantaged: •
(i) ,"Black Americans," which includes persons having origins'in"any of the Black racial groups of
Africa; '
(ii) "Hispanic Americans," whicfi'includes persons of Mexican, Puerto'Rican,'Cuban, Dominican,
Central or South American, or other Spanish or Fortuguese culture or origin, regardless of race;
(iii) "Native Americans," which'includes persons•who are American Indians, Eskirrios, Aleuts; or
Native Hawaiians; (iv) "Asian-Pacifc Arriericans;" which includes persons whose origins are from Japan; China, Taiwan, Korea, Burma (Myanmar), Viemam, Laos, Cambodia (Kampuchea),.TNaifand, Malaysia, '
[ndonesia, the Philippines; Brunei, Samoa, Guam, the U.S: `frust Terrifories of the.Pacific Islands
. (Republic of Palau),.the Commonwealth-of the Northern Marianas Islands, Macao, Fiji, Tonga,
Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) "Subcontinent Asian Americans," which includes persons whose origins are from India,
• Pakistan; Bangladesh; Bhutan, the Maldives [slands, Nepal or Sri Lanka;
(vi) Women; - •
(vii) Any additional groups wfiose members are designated as socially and economically
disadvantaged by the..SBA, at such fime as;the SBA designation becomes effective.
Triba(!y-oivired corTCerr: means any concem at least 51 percent owned by an Indian tribe as defined in
this section. ' • • '
Yocr refers to a recipient, unless a statement in the text'of this part,or the.context requires otherwise
(i.e., `You must do XYZ' means that recipients must do XYZ).
§ 26. 7What discriminatory actions are forbidden?
(a) You must never exclude any person from participation in, deny any person the benefits of, or
otherwise discriminate against anyone in connection with the award and performance of any contract
covered by.this par't on the basis of race, color, sex, or national origin.
(b), In administering your DBE program, you must not, directly or through contractual or other -
arrangements, use criteria or methods. of administration that,have the effect of defeating or
substantially impairing accomplishment of the objectives of the proaram with respect to individuals of
a particular race, color, sex, or national origin.
§ 26 9How does the Department issue guidance and interpretations =
under this part?
(a) This part applies instead of subparts A and C through E of 49 CFR part 23 in effect prior to
[insert date 30 days from date of publication in the Federal Register] (See 49 CFR Parts 1 to 99,
revised as of October I, 1998.) Only guidance and interpretations (incluiiing interpretations set forth
in certification appeal decisions) consistent'with this part 26 and issued after [insert date 30 days from
date of publication in the Federal ftegister] have definitive, binding effect in implementing: the
provisions of this part and constitute the official position of the Department of,Transportation.
(b) The Secretary of Transportation, Office of the Secretary of Transportation; FHWA, FTA, and
FAA may issue written interpretations of or written guidance concerning this part._ Written . interpretations and guiciance are valid and binding, and constitiite the official position of the ,
Department of Transportation, only if they are issued over the signature of the Secretary of
Transportation or if they contain the following statement:
' The General Counsel of the Department of Transportation has reviewed thi's document and approved it
as consistent with tlie language and intent of 49 CFR part 26.
Town of Vail/dba Vail Transit Page 26 of 61 '
49 CFR Part 26 August 2008
§ 26.11 What records do recipients keep and report?
(a) [Reserved]
(b) You must continue to provide data about your DBE program to the Department as directed by
FTA/DOT operating administrations.
(c) You must create and maintain a bidders list, consisting of all firms bidding on prime contracts
and bidding or quoting subcontracts on FTA/DOT-assisted projects. For every firm, the following
information must be included:
(1) Firm name;
(2) Firm address;
(3) Firm's status as a DBE or non-DBE;
(4) The age of the firm; and
(5) The annual gross receipts of the firm.
§ 26.13 What assurances must recipients and contractors make?
(a) Each financial assistance ab eement you sign with a FTA/DOT operating administration (or a
primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA/DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49
CFR part 26 to ensure nondiscrimination in the award and administration of FTA/DOT-assisted
contracts. The recipient's DBE prob am, as required by 49 CFR part 26 and as approved by
FTA/DOT, is incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Prooram Fraud Civil Remedies Act of 1986 (31 U.S.C.
3801 et seq.).
(b) Each contract you sign with a contractor (and each subcontract the prime contractor signs with a
subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR part 26 in the award and administration of FTA/DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as the recipient deems appropriate.
§ 26.15 How can recipients apply for exemptions or waivers?
(a) You can apply for an exemption from any provision of this part. To apply, you must request the
exemption in writing from the Office of the Secretary of Transportation, FHWA, FTA, or FAA. The
Secretary will grant the request only if it documents special or exceptional circumstances, not likely to
be generally applicabfe, and not contemplated in connection with the rulemaking that established this
part, that make your compliance with a specific provision of this part impractical. You must agree to
take any steps that the Department specifies to comply with the intent of the provision from which an
exemption is granted. The Secretary will issue a written response to all exemption requests.
(b) You can apply for a waiver of any provision of Subpart B or C of this part including, but not
limited to, any provisions regarding administrative requirements, overall goals, contract goals or good
faith efforts. Program waivers are for the purpose of authorizing you to operate a DBE program that
achieves the objectives of this part by means that may differ from one or more of the requirements of
Subpart B or C of this part. To receive a program waiver, you must follow these procedures:
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(1) You must apply through the concerned operating administration. The application must include
a specific program proposal and address how you will meet the criteria of paraoraph (b)(2) of this
section. Before submitting your application; you must have had public participation in developing
your proposal, incfuding consultation with the DBE community and at least one public hearing. Your
application must include a summary of the public participation process and the information gathered
through it. (2) Your application must show that , ,
(i) There is a reasonable basis to conclude that you could achieve a level of DBE participation
consistent with the objectives of this part using different or innovative means other than those that are
provided in Subpart B or C of this part;
(ii) Conditions in your jurisdiction are appropriate for implementing the proposal;
(iii) Your proposal would prevent discrimination against any individual or group in access to
contracting opportunities or other benefits of the program; and
(iv) Your proposal is consistent with applicable law and program requirements of the concerned
operating administration's financial assistance program.
(3) The Secretary has the authority to approve 'your applicafibn. If the Secretary grants your
application, you may administer your DBE prob am as provided in your proposal, subject to the
following conditions: (i) DBE eligibility is determined as provided in Su6parts D and E of this part, and DBE
participation is counted. as provided in §26.49; `
(ii) Your level of DBE participation continues to be consistent with the objectives of this part;
(iii) There is a reasonable limitation on the duration of the your modified' program; and
(iv) Any other conditions the Secretary makes on tNe grant"of the.waiver.
(4) The Secretary may end a program waiver at any time and require'you to comply with this part's
provisions. The Secretary may also extend the waiver, if he or she determines that.all requirements of
paragrapHs (b)(2) and (3) of this section continue to be met. Any such extension shall,be for no longer
than peribd originally set for the duration of the program:
SUBPAIZT B-- ADMINISTRATIVE REQUIREMENTS FOR DBE
PROGRAMS FOR FEDERALLY-ASSISTED CONTRACTING
, § 26.21 Who must have a DBE program?
(a) If you°are in one of these categories and let FTA/DOT-assisted contracts; you must have a DBE
program meeting the requiremenfs of this part: ~ . "
(1) All FHWA recipients receiving funds authorized by a statute to which this part applies;
(2) FTA recipients that receive $250,000 or more in FTA planning, capital, and/or operating
assistance in a Federal°fiscal year,
, (3) FAA recipients that receive a grant of $250,000 or more, for airport planning or development. ' .
(b)(1) You must submit a DBE program conforming to thispart by [insert date 210 days from date of publication in the Federal Register] to the,concerned operating administration (OA). Once.the OA has .
approved your prob am, the approval counts for alI of your FTA/DOT-assisted programs (except that .
goals are revieweii and appcoved by the particular operating administration that provides funding for
your FTA/DOT-assisted contracts). . ' ' (2) You do not have to submit regular updates of your DBE programs, as lonD as you remain in
compliance. However, you..inust.submit sig"nificant changes in the program for approvaL
(c) You are not eligible to receive FTA/DOT financial assistance unless FTA/DOT has approved
your DBE program and,you are in corripfiance with it and this part. 'You must continue to carry out
your program until all funds from FTA/DOT financial assistance have been expended. '
,
§26.23 What is the requirement for a policy statement?. ,
You must issue a signed and dated policy statement that expresses your commitment to your DBE
program, states its objectives, and outlines responsibilities for its implementation. You must circialate
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the statement throughout your organization and to the DBE and non-DBE business communities that
perform work on your FTA/DOT-assisted contracts.
§ 26.25 What is the requirement for a.lidison officer?
You must have a DBE liaison officer, who shall have direcf, independent access to your Chief
Execufive Officer concerning DBE program matters. The liaison officer shall be responsible"for,
implementing all aspects of your DBE program. You must also have adequate staff to administer the
program in compliance with this part.
§26.27 What efforts must recipients make concerning DBE financial .
institutions? . . . . You must thoroughly investigate the full extent of services offered by firiancial institutions owned and '
' controlled by socially and economically disadvantaged individuals in your community and make
reasonable effoRs to use these institutions. You must also encourage prime contractors to use such
' . institutions.
" § 26.29 What prompt payment mechanisms. must recipients have? .
(a) - You must establish, as part of your DBE program, a, contract clause to require prime contractors
to pay subcontractors for satisfactory performance of their contracts no later than a specific number of
days from receipt of each payment you make to the prime contractor. This clause must also require the
prompt return of retainage payments from the prime contractor to the.subcontractor within a specifc
number of days after the subcontractor's work is satisfactorily completed. (1) This clause may provide for appropriate penalties for failure to comply, the terms and conditions .
- of which you set. ,
(2) This clause may also provide that any delay or postponement of payment among the parties may
take place only for good cause, with your prior written approval.
(b) You may also establish, as part of your DBE program, any.of the following additional
mechanisms to ensure prompt payment: ,
(1).:• A contract clause that requires prime contractors to include in their subcontracts language
providing'that prime contractors and subcontractors will use appropriate alternative dispute resolution
mechanisms to resolve payinent disputes. You may specify the nature of such mechanisms.
(2) A contract clause providing that the prime contractor will not be reimbursed for work.performed
by subcontractors unless and.until the prime contractor ensures that the subcontractors are.promptly
paid for the work they have performed. .
(3) Other mechanisms. consistent with this part and applicable state and local law; to ensure that
. DBEs and other contractors are f'ully and promptly paid. -
§26.31 What requirements pertain to the DBE di'rectory?
'You must maintain and,make available to interested persons a directory identifying all firms.eligible to
' participate as DBEs in your.program. In the listing for each firm, you must include its address, phone
number; and the types of work the frm has been certified to per'form"as a DBE. You must revise your
directory at least annually and make updated information a'vailable to contractors"and the public'on
request. .
§ 26.33 What steps `nust a reeipient take to address overconeentration of
DBEs in certain types of tivork? Town of Vail/dba Vail Transit Page 29 of 61
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(a) If you deterinine that DBE firms are so overconcentrated-in a certain type of work as fo unduly
burden the opportunity of non-DBE firms to participate in this type of work, you must devise
appropriate measures to address this overconcentration. .(b) These measures may include the use of incentives, technical assistance, business development
programs, mentor-protege programs; and other appropri'ate measures designed to assist DBEs in
perforrriing work outside of the specific field in which you have determined that non-DBEs are unduly
burdened: You may also consider varying your use of contract goals, to the extent consistent with ,
§26.51, to unsure that non-DBEs are not unfairly p'revented from competing for subcontracts.
(c) You must o6tain the approval ofxhe concemed FTA/DOT operating administration for your
determination of overconcentration and the measures you devise to address it. Once approved, the
measures become part of your DBE program.
§ 26.35 What role do business development. and mentor protege .
programs have in the DBE program?
(a) You may oc, if an operating administration'directs you to, you must establish a DBE business
development program (BDP) to assist firms in gaining the ability to compete successfu(ly in the
marketplace outside the DBE program. You may require a DBE firm, as a condition of receiving
assistance through the BDP, to agree to terminate its participation in the DBE program after a certain
, time has passed or certain objectives have been reached. See Appendix C of this part for guidance on
administering BDP programs. ,
(b) As part of a BDP or separately, you may establish a"mentor-protege" program, in which
another. DBE or non-DBE firm is the principai source of business development assistance to a DBE
fi rm.
(1) Only firms you have certified as DBEs before they are proposed for participation in a mentor-
protege program are eligible to participate in the mentor-protege program.
(2) During the course of the mentor-proteae relationship, you must:
(i) Not award DBE credit to a non-DBE mentor firm for using its own protege firm for more than
one half of its goal on any contract let by the recipient, and .
(ii) Not award DBE credit to a non-DBE mentor firm for using its own protege firm for more than
every other contract performed by the protege firin. .
(3) For purposes of making determinations of business size under this part, you must not treat
protege frms as aff liates of inentor firrris, when both firms are participating under an approved
mentor-protege program. See Appendix D of this part for guidance conceming the operation of mentor-protege programs. ' •
(c) Your BDPs and menfor-protege programs must be approved by the concerned operating
administration before you implement them. Once approved, they become part of your DBE program.
§26.37 What are a reeipient's responsibilities for monitoring the
performance of other program participants?
(a) You must implement appropriate mechanisms to ensure compliance with the part's requirements
, by all program participants (e.g., applying legal and contract remedies available under Federal, state 'and local law). You must set forth these mechanisms in your DBE proo am. .
(b) Your DBE program must also include a monitoring and enforcement'mechanism to verify that
the work comrriitted to DBEs at contract award is actually performed by the DBEs. This mechanisrri
must provid'e for a running tally of actual DBE attainments (e.g., payments actually made to DBE
firms) and include a provision ensuring that DBE participation is credited toward overall or contract
goals only when payments are actually made to DBE firms.
SUBPART C-- GOALS, GOOD FAITH EFFOR'I'S, AND COUNTING
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§26.41 What is the role of the statutory 10 percent goal in tliis
program ? (a) The statutes authorizing this prooram provide that, except,to the extent the Secretary determines ,
otherivise, not less than 10 percent of the authorized funds are to be expended with DBEs.
(b) This 10 percent goal is an aspirational goal at the national level, which the Department uses as a
tool in evaluating and monitoring DBEs' opportunities to parti'cipate in FTA/DOT-assisted contracts. (c) The national 10 percent goal does not authorize or require reci'pients to set overall or cbntract _
goals at the 10 percent.level, or any other par[icular level, or to take any special administrative steps if
their goals are-above or below 10 percent. .
§26.43 Can recipients use set-asides or quotas as part of_ this
program?
(a) You are not permitted to use quotas for DBEs on FTA/DOT-assisted contracts subject to this
part. -
(b) You may not set-aside contracts for DBEs on FTA/DOT-assisted coritracts subject to this pait,
. except that, in limited and extreme circumstances, you may use set-asides when no other method could
be reasonably expected to redress ea egious instances of discrimination.
§ 26.45 How do recipients set overall.goals? .
(a) You must set an overall goal for DBE participation in your FTA/DOT-assisted cbntracts. (b) Your overall goal must be based on demonstra6le evidence of the, availability•of ready, willing
and able DBEs relative to all businesses ready, willing and able to participate on your, FTA/DOT-
. assisted contracts (hereafter, the "relative availability of DBEs"). The goal must reflect your
' determination of the level of DBE participation you would expect absent the effects of discrimination.
You cannot simply rely on either the 10 percent national goal, your pTevious overall goal or past DBE
participation rates in your program without reference to the relative availability of DBEs in your - ,
market.
(c) _ Step You must 6egin.your goal setting process by determining a base figure for the relative
availability of DBEs. The following are examples of approaches that you may take toward determining a base figure. These examples are provided as a starting point for your goal setting process. Any percentage figure derived from one of these examples should be,considered a basis from
which you begin when examining all, evidence available in your jurisdiction. These examples are not
intended as an exhaustive list. Other methods or, combinations of inethods to determine a base figure
may be used, subject to approval_ by the concemed operating administration.
_(1) U.se DBE Directories and Censeu &rreaer Data. Determine the number of ready, willing and '
able DBEs in your markef from your DBE directory. Using the Census Bureau's County Business
Pattem (CBP) database, determine the number of all ready, willing and: able businesses available in
your_market that perform work in the same SIC codes. (Inforination about the CBP dataliase may be
obtained from,the Census.Bureau at their web site, w.ww. census.gov/epcd/cbp/view/ cbpview.html.)
, Divide the number of DBEs by the number of all busi'nesses to derive a base figure for-the relative
availability of DBEs in your market. .
(2) Use a bidders list., Determine the number of DBEs that have bid or quoted on your FTA/DOT-
assisted prime contracts or subcontracts in the previous year. Determine the number of all businesse"s
that have bid or quoted on prime or subcontracts in the same time period. Divide the num6er of DBE
bidders and quoters by the number for all businesses to derive a base figure for the relative availability
of DBEs in your market. . (3) Use data from a dispurit}- stucfv: Use a percentage figure derived from data in a valid,
applicable disparity study. ,
(4) Use the goal of another FTA/DOT recrpieirt. If another. FTA/DOT recipient in the same, or
substantially similar, market has set an overall goal in compliance with this rule, you may use that goal
as a base figure for your goal. ,
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49 CFR Par t 26 August 2008
(5) Alternative nrethods. Subject to the approyal of the FTA/DOT operating administration, you
may use other methods to determine a base figure.for your overall goal. Any methodology you choose
must be based on demonstrable evidence of local market conditions and be designed to ultimately
attain a goal that is rationally related to the relative availability of DBEs in your market.
(d) Step 2. Once you have calculated a base figure, you must examine all of the evidence available
in your jurisdiction to determine what adjustment, if any, is needed to the base figure in order to amve at your overall goal.
(1) There are many types of evidence that must be considered when adjusting the base figure.
These include:
(i) _ The current capacity of DBEs to perform work in your FTA/DOT-assisted contracting program,
as measured by the volume of work DBEs have performed in recent years;
(ii) Evidence from disparity studies conducted anywhere within your j uri sdiction, to the extent it is
not already accounted for in your base figure; and
(iii) If your base figure is the goal of another recipient, you must adjust itfor differences in your
local market and your contracting program.
(2) You may also consider available evidence from related fields that affect the opportunities for
DBEs to form, grow and compete. These include, but are not limited to:
(i) Statistical disparities in the ability of DBEs to get the financing, bonding and insurance required
to participate in your program;
(ii) Data on employment, self-employment, education, training and union apprenticeship programs;
to the extent you can relate it to the opportunities for DBEs to perform in your program.
(3) If you,attempt to make an adjustment to your base figure to account for the continuing effects of
past discrimination (often called the "but for" factor) or the effects of an ongoing DBE program, the
adjustment must be based on demonstrable evidence that is logically and directly related to the effect '
for which the adjustment is sought.
(e) Once you have determined a percentage figure in accordance with paragraphs (c) and (d) of this
section, you should express your overall goal as follows:
(1) If'you are an FHWA recipient, as a percentage of all Federal-aid hiahway funds you will expend
in FHWA-assisted contracts in the forthcoming tiscal year;
(2) If you are an FTA or FAA recipient, as a percentage of all FTA or FAA funds (exclusive of
FTA funds to be used for the purchase of transit vehicles) that you will expend in FTA or FAA- ,
assisted contracts in the forthcoming fiscal year. In appropriate cases, the FTA or FAA Administrator
may permit you to express your overall goal as a percentage of funds for a particular grant or project or
group of grants and/or projects.
(f)(1) If you set overall goals on a fiscal year basis, you must submit them to the applicable FTA/DOT
operating administration for review on August 1 of each year, unless the Administrator of the
concerned operatirig administration establishes a different submission date.
(2) If you are an FTA or FAA recipient and set your overall goal on a project or grant basis, you
must submit the goaf for review at a time determined by the F1"A or FAA Administrator.
(3) You must include with your overall goal submission a description of the methodology you used
to establish the goal, including your base figure and the evidence with'which it was calcufated, and the
adjustments you made to the base figure and the evidence relied on for the adjustments. You should "
also include a summary listing of the relevant available evidence in your jurisdiction and, where
applicable, an explanation of why you did not use that evidence to adjust your base figure. You must
also include your p'rojection of the portions of the overall goal you expecYto meet through race-neutral
and race-conscious measures, respectively (see §26.51(c)).
(4) You are not required to obtain prior operating administration concurrence with the your overall
goal. However, if tlie operating administration's review suggests that your overall goal has not been
correctly calculated, or thaf your method for calculating goals is inadequate, the operating
administration may, after consulting with you, adjust your overall goal or require'that you do so. The
adjusted overall goal is binding on you.
• (5) If you need additional time to collect data or take other steps to develop an approach to setting .
• overall goals, you may request the approval of the concerned operating administration for an interim
. goal and/or goal=setting mechanism. Such a mechanism must: -
(i) Reflect the refative availability of DBEs in your local market to the maximum extent feasible
given the data available to you; and
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(ii) Avoid imposing undue burden, on non-DBEs.
(g) In establishing an overall goal, you must provide for public participation. This public
participation must include:
(1) Consultation with minority, women's and general contractor groups, community organizations,
and other officials or organizations which could be expected to have information concerning the
availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on
opportunities for DBEs, and your efforts to establish a level playing field for the participation of DBEs.
(2) A published notice announcing your proposed overall goal, informing the public that the
proposed goal and its rationale are available for inspection during normal business hours at the your
principal office for 30 days following the date of the notice, and informing the public that you and the
Department will accept comments on the goals for 45 days from the date of the notice. The notice
must include addresses to which comments may be sent, and you must publish it in general circulation
media and available minori ty-focused media and trade association publications.
(h) Your overall goals must provide for participation by all certified DBEs and must not be
subdivided into group-specific goals.
§26.47 Can reeipients be penalized for failing to meet overall goals?
(a) You cannot be penalized, or treated by the Department as being in noncompliance with this rule,
because your DBE participation falls short of your overall goal, unless you have failed to administer
your program in good faith.
(b) If you do not have an approved DBE program or overall goal, or if you fail to implement your
program in good faith, you are in noncompliance with this part.
§26.49 How are overall goals established for transit vehicle
manufacturers ?
(a) If you are an FTA recipient, you must require in your DBE program that each transit vehicle
manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle
procurements, certify that it has complied with the requirements of this section. You do not include
FTA assistance used in transit vehicle procurements in the base amount from which your overall goal
is calculated.
(b) If you are a transit vehicle manufacturer, you must establish and submit for FT'A's approval an
annual overall percentage goal. In setting your overall goal, you should be guided, to the extent
applicable, by the principles underlying §26.45. The base from which you calculate this goal is the
amount of FTA financial assistance included in transit vehicle contracts you will perform during the
fiscal year in question. You must exclude from this base funds attributabfe to work performed outside
the United States and its territories, possessions, and commonwealths. The requirements and
procedures of this part with respect to submission and approval of overall goals apply to you as they do
to recipients.
(c) As a transit vehicle manufacturer, you may make the certification required by this section if you
have submitted the goal this ,ection requires and FTA has approved it or not disapproved it.
(d) As a recipient, you may, with FTA approval, establish project-specific goals for DBE
participation in the procurement of transit vehicles in lieu of complying through the procedures of this
section.
(e) If you are an FHWA or FAA recipient, you may, with FHWA or FAA approvaf, use the
procedures of this section with respect to procurements of vehicles or specialized equipment. If you
choose to do so, then the manufacturers of this equipment must meet the same requirements (including
goal approval by FHWA or FAA) as transit vehicle manufacturers must meet in FTA-assisted
procurements.
§26.51 What means do recipients use to meet overall goals?
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49 CFR Part 26 August 2008 (a) You must meet the maximum feasible portion of yoLir overall goal by using race-neutral means
of facilitating DBE participation..Race-neutral DBE participation includes any time a DBE wins a
prime contract through customary competitive procurement procedures, is awarded a subcontract on a
prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract froni
a prime contractor tliat did not consider its DBE status in making tfie award (e.g., a prime contractor
that uses a strict low bid system to award subcontracts).
(b) Race-neutral means include, but are not limited to, the following: .
(1) Arranging solicitations; times for the presentation of bids, quantities, specifications, and
delivery schedules in ways tfiat facilitate DBE, and other small businesses, participation (e.g.,
unbundling large contracts'to make them more accessible to small businesses, requiring or encouraging
prirrie contractors to sul5contract portions of work that they might otherwise perform with their own
forces);
(2) Providing assistance in overcoming limitations such as inabifity to obtain bonding or financing
(e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating
the impact of surety costs from bids, and providing services to help DBEs; and other small businesses,
obtain bonding and financing):
(3) Providing technical assistance and other services;
(4) Carrying out information and communications programs on contracting procedures and specific
contract opportunities (e.g., ensurinb the inclusion of DBEs, and other small businesses, on recipient
mailing lists for bidders; ensuring the dissemination to bidders on prime contracts of lists of potential
subcontractors; provision of information in languages other than English, where appropriate);
(5) Implementing a supportive services program to develop and improve immediate and long-term
busines's management, record keeping, and financial and accounting capability for DBEs and other
small businesses;
(6) Providing services to help DBEs, and other small businesses, improve long-term development,
increase.opportunities to participate in a variety of kinds of work, handle increasingly significant
projects, and achieve eventual self-sufficiency;
(7) Establishing a program to assist new, start-up firms, particularly in fields in which DBE
participation has historically been low;
(8) Ensuring distribution of your DBE directory, through print and electronic means; to the widest
feasible universe of potential prime contractors; and
(9) Assisting DBEs, and other small businesses, to develop their capability to utilize emerging
technology and conduct business through electronic_media.
(c) Each time,you submit your overall.goal for review by the concerned operating.administration,
you must also submit your projection of the portion of the goal that you expect to meet through race-
neutral means and your basis for that projection. This projection is subject to approval by the concerned operating administration, in conjunction with its review of your overall goal. '
(d) You must establish contract goals to meet any portion of your overall goal you do not project
being able to meet using race-neutral means. _
(e) The following provisions apply to the use of contract goals:
(1) You may use contract goals only on those FTA/DOT-assisted contracts that have subcontracting
possibilities.
(2) You are not required to set a contract goal on every FTA/DOT-assisted contract. You are not
required to set each contract goal at the same percentage level as the overall gaal... The goal for a specific contract may be higher or lower than that percentage level of the overall goal, depending on
such factors as the type of work involved, the location of the work, and the availability of DBEs for the
work of the particular contract. However, over the period covered by your overall goal, you must set
contract goals so that they will cumulatively result in meeting any portion of your overall goal you do
not proje,ct being able to meet through the use of race-neutral means. ,
(3) Operating administration approval of each contract goal is not necessarily required. However, ,
operating administrations may review and approve or disapprove any contract aoal you establish.
(4) Your contract goals must provide for participation by all certified DBEs and must not be .
subdivided into group-specific goals. ( fl To ensure that your'DBE program continues to be narrowly tailored to overcome the effects of
discrimination, you must adjust your use of contract goals as follows: ,
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49 CFR Part 26 August 2008
If your approved projection under paragraph (c) of this section estimates that you can meet your entire
overall goal for a given year through race-neutral means, you must,implement your program .without .
setting contract goals durina that year. '
Exaniple to paragraph (n(1): Your overall goal for Year I is 12 percent. You estimate that you can obtain 12 percent or more DBE participation through the use of race-neutral measures, without any use
of contract goals.: In this case, you do not set any contract goals for the contracts that will be
performed in Year I.
If, during the course of any year in which you are using contract goals, you determine that you will
exceed youroverall goal, you must reduce or eliminate the use of contract goals to the extent necessary
to ensure that the.use of contract goals does not result in exceeding the ove"rall goal. If you determine
that you will fall short of your overall goal, then you must make.appropriate modifications in your use
' of race-neutral and/or race-conscious measures to allow you to meet the overall goaL
E,rumple to paragraph (n(Z): In Year Il, your overall goal is 12 percent. You have estimated that you .
can obtain 5 percent DBE participation through use of race-neutral measures. You therefore plan to
obtain the remaining 7 percent participation through use of DBE goals. By September, you have
already obtained l l.percent DBE participation for the year. For contracts let during the remainder of
the year, you use.contract goals only to the extent necessary to obtain an additiona4 one percent DBE
participation. However, if you determine in September that your.participation for the year is likely to
be only 8 percent.total, then you would increase your use of race-neutral and/or race-conscious means
, during the remainder of the year in order to achieve your overall goal.
(3) If the DBE participation you have obtained by race-neutral means alone meets or exceeds your •
overall goals for two consecutive years, you are not required to make a projection of the amount of
your goal you can meet using such means in the next year. You do not set contract goals, on any
contracts in the next year. You continue using only race-neutral means to meet your overall goals unless.and until you do not meet your overall goal for a year.
Example to paragraplr 69(3): Your overall goal for Years I and Year II is 10 percent. The DBE
participation you obtain through race-neutral measures alone is•10 percent or more in each year. (For
, this purpose, it does not matter whether you obtained additional DBE participation through using,
contract goals in these years.) In Year III and following years, you do not need to make a projection
under paragraph (c) of this section of the portion of your overal l goal you expect to meet using race-
neutraf ineans. You simply use race-neutral means to achieve your overall goals. However, if in Year
VI your DBE participation falls short of your overall goal, then you must make a paragraph (c) .
.projection for Year V[I and, if necessary, resume use of contract goals in that year.
(4) If you obtain DBE participation that exceeds your overal! goal in two consecutive years through the .
use of contract goals (i.e., not through the use of race-neutral means alone), you must reduce your use
of contract goals proportionately in the foliowing year.
Erample to paragraph (1)(4): In Years I and II, your overall goal is 12 percent, and you obtain 14 and
16 percent DBE participation, respectively. You have exceeded your goals over the two-year period
by an average of 25 percent. In .Year III, your overall goal is again 12 percent, and your paragraph (c)
projection estimates thatyou will.obtain 4 percent DBE participation through race-neutral means and 8
. percent through contract goals. You then reduce the contract goal projection by 25 percent (i.e., from
8 to 6 percent) and set contract goals accordingly during the year. If in,Year III you obtain l l.percent
participation, you do not use this contract goal adjustment mechanism for Year IV, because there,have
not been two consecutive years of exceeding overall goals.
(b) In.anyyear in which you project rrieeting part of your goal tfirough race-neutral means and the
remainder through contract goals, ybu must maintain data separately on DBE achievements in those
contracts with and without contract goals, respectively. You must report this data to the concerned
operating administration as provided in §2611.
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§26. 53 What are the good faith efforts procedures recipients follow in
- situations where there are contract goals?
(a) When you have established a DBE contract goal, you must award the contract only to a
biddedofferor who makes good faith effons to meet it. You must determine that a bidder/offeror has
made good faith efforts if the bidder/offeror does either of the following things:
(1) Documents that it has obtained enough DBE participation to meet the goal; or
(2) Documents that it made adequate good faith efforts to meet the goal, even though it did not
succeed in obtaining enough DBE participation to do so. If,the bidder/offeror does document
adequate good faith efforts, you must not deny award of the coritract on the basis that the
bidder/offeror failed to meet the goal. See Appendix A of this part for guidance in determining the
adequacy of a bidder/offeror's good faith efforts.
(b) In your solicitations for FTA/DOT-assisted contracts for which a contract goal has been
established, you must require the following:
(1) Award of the contract will be conditioned on meeting the requirements of this section;
(2) All bidders/offerors will be required to submit the following information to the recipient, at the
time provided in paragraph (b)(3) of this section:
(i) The names and addresses of DBE firms that will participate in the contract;
(ii) A description of the work that each DBE will perform;
. (iii) The dollar amount of the participation of each DBE firm participating;
(iv) Written documentation of the bidder/offeror's commitment to use a DBE,subcontractor whose
participation it submits to meet a contract goal;
(v) Written confirmation from the DBE that it is participating in the contract as provided in the
prime contractor's commitment; and
(vi) If the.contract goal is not met, evidence of good faith efforts (see Appendix A of this part); and
(3) At your discretion, the bidder/offeror must present the information required by paragraph (b)(2)
of this section
(i) Under.sealed bid procedures, as a matter of responsiveness, or witH initial proposals, under
contract negotiation procedures; or
(ii) At any time before you commit yourself to the performance of the contract by the
bidder/offeror, as a matter of responsibility.
(c) You must make sure all information is complete and accurate and adequately documents the
bidder/offeror's good faith efforts before corrimitting yourself to the.performance of the contract by the
bidder/offeror.
(d) If you determine that the apparent successful bidder/offeror has failed to meet the requirements
of paragraph (a) of this section, you must, before awarding the contract, provide,the bidder/offeror an
opportunity for administrative reconsideration.
(1) As part of this reconsideration, the bidder/offeror must have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate;good
faith efforts to do
(2) Your decision on reconsideration must be made by an official who did not take part in the ,
original determination that the bidder/offeror failed to meet the goal or make adequate good faith
efforts to do so.
(3) The bidder/offeror must have the opportunity to meet in person with your reconsideration
official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so.
(4) You must send the bidder/offeror a written decision on reconsideration, explaining the basis for
finding that the bidder did or did not meet the Doal or make adequate good faith efforts to do so.
(5) The result of the reconsideration process is not administratively appealable to the Department of
Transportation.
(e) In a"design-build" or "turnkey" contracting situation, in which the recipient lets a master
contract to a contractor, who in turn lets subsequent subcontracts for the work of the project, a '
recipient may establish a goal for the project. The master contractor then establishes contract goals, as
appropriate, for the subcontracts it lets. Recipients must maintain oversight of the master contractor's
activities to ensure that they are conducted consistent with the requirements of this part.
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( fl(1) You must require that a prime contractor not terminate fox convenience a DBE subcontractor
listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) and then
perform the work of the terminated subcontract with its own forces or those of an affiliate, without
your prior written consent.
(2) When a DBE subcontractor is terminated; or fails to complete its work on the contract for any
reason, you must require the prime contractor to make good faith efforts to find another DBE
subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding
another DBE to perform at least the same amount of work under the contract as the DBE that was
terminated, to the extent needed to meet the contract goal you established for the procurement.
(3) You must include in each prime contract a provision for appropriate administrative remedies
that you will invoke if the prime contractor fails to comply with the requirements of this section.
(g) You must apply the requirements of this section to DBE bidders/offerors for prime contracts.
In determining whether a DBE bidder/offeror for a prime contract has met a contract goal, you count
the work the DBE has committed to performing with its own forces as well as the work that it has
committed to be performed by DBE subcontractors and DBE suppliers.
§26.55 How is DBE participation counted toward goals?
(a) When a DBE participates in a contract, you count only the value of the work actually performed
by the DBE toward DBE goals.
(1) Count the entire amount of that portion of a construction contract (or other contract not covered
by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of
supplies and materials obtained by the DBE for the work of the contract, including supplies purchased
or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or
leases from the prime contractor or its affiliate).
(2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona
fide service, such as professional, technical, consultant, or managerial services, or for providing bonds
or insurance specifically required for the performance of a FTA/DOT-assisted contract, toward DBE
goals, provided you determine the fee to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
(3) When a DBE subcontracts part of the work of its contract to another firm, the value of the
subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a
DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
(b) When a DBE performs as a participant in ajoint venture, count a portion of the total dollar value
of the contract equal to the distinct, clearly defined ponion of the work of the contract that the DBE
performs with its own forces toward DBE goals.
(c) Count expenditures to a DBE contractor toward DBE goals only if the DBE is perforrning a
commercially useful function on that contract.
(I) A DBE performs a commercially useful function when it is responsible for execution of the
work of the contract and is carrying out its responsibilities by actually performing, managing, and
supervising the work involved. To perform a commercially useful function, the DBE must also be "
responsible, with respect to materials and supplies used on the contract, for negotiating price,
determining quality and quantity, ordering the material, and installing (where applicable) and paying
for the material itself. To determine whether a DBE is performing a commercially useful function, you
must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to
be paid under the contract is commensurate with the work it is actually performing and the DBE credit
claimed for its performance of the work, and other relevant factors.
(2) A DBE does not perform a commercially useful function if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are passed in order to obtain the
appearance of DBE participation. In determining whether a DBE is such an extra participant, you must
examine similar transactions, particularly those in which DBEs do not participate.
(3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract
than would be expected on the basis of normal industry practice for the type of work involved, you
must presume that it is not performing a commercially useful function.
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(4) When a DBE is presumed not to be performing a commercially useful function as provided in
paragraph (cx3) of this section, the DBE: may, present evidence to rebut this presumption. You.may ,
deterniine that the firm is performing a commercially useful functibn given the type of work involved
and normal industry practices. •
(5) Your decisions on commercially useful function matters are subject to review by the concerned
operating administration, buf are not administratively appealable to FTA/DOT: -
(d) Use the following facto"rs in determining whether a DBE trucking company is performing a
commercially useful function: ' ' -
(1) -The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a.particular coritract; and there cannot.be a contrived
arrangement for the purpose of ineeting DBE goals.
(2) The DBE must itself own and operate at least one fully licerised, insured, and operational truck
used on the contract. ~
(3) The DBE receives credit for tlie total value of the 4ransportation services it provides on the
contract using trucks its owns, insures, and operates using drivers ivemploys.
(4) The DBE rriay lease trucks from another DBE firm, including an owner-operator who is
certified as a DBE•. The DBE who leases trucks from another DBE receives credit for the total value of
the transportation services the lessee DBE provides on the contract. :
_ (5) The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE
who.leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a
result of the lease.arrangement. The DBE does not receive credit for the total value of the
transportation services provicled by the lessee, since these s.ervices are not provided by a DBE.
(6) For purposes of this paragraph (d), a lea§e must indicate that the DBE has exclusive use of and
control over the truck. This does not preclude.the leased truck from working for others during the term
of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of
the leased truck.:. Leased trucks, must display the name and identification number of the DBE.
(e) Count expenditures with DBEs for materials.or supplies toward DBE goals as provided in the
- following: . ,
(1)(i) If the materials or supplies are obtained fi•om a DBE manufacturer;.count 100 percent of the cost
of the materials or supplies toward DBE goals. .
(ii) For purposes of this paragraph (e)(1); a manufacturer is a firm that operates or maintains a
, factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment
required under the contract and of the general character described by the speci fications.
(2)(i) If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the
cost of the materials.or supplies toward DBE goals.
, (ii) For purposes of this section, a regular dealer is a'firm that owns, operates, or maintains a store, warehouse, or other estab(ishment,.in which tfi'e materials,,supplies, articles or equipment of the general
character described by the specifications and required under the contract are bought, kept in stock, and .
, regularly. sold or leased to the public in the usual course of business.
(A) To be a regular dealer, the firm must be an established, regular liusiness that engages, as its
principal business and under its own name, in the purcha,e and sale or lease of the products in .
question.
(B) A person may be a regular dealer in such bulk items as petroleurri products,steel, cement,
gravel, stone, or asphaltwithout owning, operating, or maintaining a place of business as provided in this paragraph (e)(2)(ii) if the person both owns and operates distribution equipcnent for the products.
Any sup"plementing of regular dealers' own distribution equipment shall.be by a long-term lease
agreement and not on an ad hoc or contract-by-contract basis. - ~
(C) Packagers, brokers, manufacturers' representatives, or other persons who,arrange or expedite
transactioris are not regular dealers within the meaning of this paragraph (e)(2). • (3) With respect to materials or supplies purchased from a DBE which is rieither a inanufacturer nor'_
. ' a regular dealer, count the entire amount of fees or commissions charged for assistance in the :
procurement of the materials and supplies, or fees or transportation chazges for the delivery of
materials or supplies required on ajob site, toward DBE goals, provided you determine the fees to be
reasonable and not,excessive as compared with fees customarily allowed for similar services.,.Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however. '
' Town of Vail/dba Vail Transit ~ Page 38 of 61
49 CFR Part 26 August 2008
( fl If a firm is not currently certified as a DBE in accordance with the standards of subpart D of this
part at the time of the execution of the contract, do not count the firm's participation toward any DBE
goals, except as provided for in §26.87(i)).
(g) Do not count the dollar value of work pertormed under a contract with a firm after it has ceased
to be certified toward your overall goal.
(h) Do not count the participation of a DBE subcontractor toward the prime contractor's DBE
achievements or your overall goal until the amount being counted toward the goal has been paid to the
DBE.
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49 CFR Part 26 August 2008
SUBPART D - CERTIFICATION STANDARDS ~ 26.61 How are burdens. of proof allocated in, the certification
process?
(a) In determining whether to certify a firm'as eligible to participate as a DBE, you must apply the
standards of this subpart.
~ (b) The firm seeking certification has the burden of demonstrating to you, by a preponderance of
the evidence, that it meets the requirements of this subpart concerning group membership or individual
disadvantage, business size, ownership, and control,
(c) You must rebuttably presume that mem6ers of the designated groups identified in §26.67(a) are
socially and economically disadvantaged. This means that they do not have the burden of proving to
you that they are socially and economically disadvantaged. However, applicants have the obligation to
provide you information concerning their economic disadvantage.(see ti26.67).
(d) Individuals who are not presumed to be socially and economically disadvantaged, and
individuals concerning whom the presumption of disadvantage has lieen rebutted, have the burden of
proving to you, by a preponderance of the evidence, that ttiey are socially and economically
disadvantaged. (See Appendix E of this part.) -
(e) You must make determinations concerning whether individuals and firms have met their burden
of demonstrating group membership, ownership, confrol, and social and economic disadvantage
(where disadvantage must 6e demonstrated on an individual basis) by considering all the facts in the
record, viewed as a whole.
§ 26.63 What rules govern group membership determinations ?
(a) If you have reason to question whether an individual is a member of a group that is presumed to
be socially and economically disadvantaged, you must require the individual to deinonstrate, by a
preponderance of the evidence, that he or she is a member of the group. .
(b) In making such a determination,,you must consider whether the person has held himself out to
be a member of the group over a long period of time prior to application for certification and whether
the person is regarded as a member of the b oup by therelevant community. You may require the
applicant to produce appropriate documentation of grotip membership.
(1) If you determine that an individual claiming to be a member of a group presumed to be
disadvantaged is not a member of a designated disadvantaged group, the individual must demonstrate
social and economic disadvantage on an individual basis. .(2) Your decisions concerning membership in a desib ated group are subject to the certification appeals procedure of §26.89.
§ 26 65 What rules govern business size determinations? :
(a) To be an eligible DBE, a firm (including its affiliates) must be an existing small 6usiness, as
defined by Small Business. Administration (SBA) standards. You must apply current SBA business
- size standard(s) found in 13 CFR part 121 appropriate to the type(s) of work the firm seeks to perform
. ' in FTA/DOT-assisted contracts.
, (b) Even if it meets the requirements of paragraph (a) of this section, a firm is not an eligible DBE
in any Federal fiscal year if.the firm (including its affiliates) has had average annual gross receipts, as ,
defined by SBA regulations (see 13 CFR 121.402), over the firm's previous three fiscal years,"in .
- excess of $16.6 million."The Secretary adjusts this amount for inflation from time to time.
§ 26.67. What rules determine social and economic disadvantage? .
(a) Presrm:prron ofdisadvantage. (1) You must rebuttably presume that citizens of the United
States (or lawfully admitted permanent residents) who are women, Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, or other
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49 CFR Part 26 August 2008
minorities found to be disadvantaged by the SBA, are socially and economically disadvantaged
individuals. You must require applicants to submit a signed, notarized certification that each
presumptively disadvantaged owner is, in fact, socially and economically disadvantaged.
(2)(i) You must require each individual owner of a firm applying to participate as a DBE whose
ownership and control are relied upon for DBE certification to submit a signed, notarized statement of
personal net worth, with appropriate supporting documentation.
(ii) In determining net worth, you must exclude an individual's ownership interest in the applicant
firm and the individual's equity in his or her primary residence (except any portion of such equity that
is attributable to excessive withdrawals from the applicant firm). A contingent liability does not
reduce an individual's net worth. The personal net worth of an individual claiming to be an Alaska
Native will include assets and income from sources other than an Alaska Native Corporation and
exclude any of the following which the individual receives from any Alaska Native Corporation: cash
(including cash dividends on stock received from an ANC) to the extent that it does not, in the
aggregate, exceed $2,000 per individual per annum; stock (including stock issued or distributed by an
ANC as a dividend or distribution on stock); a parmership interest; land or an interest in land
(including land or an interest in land received from an ANC as a dividend or distribution on stock); and
an interest in a settlement trust.
(b) Rebtrttal of presimrptioti of disadvantage. (1) If the statement of personal net worth that an
individual submits under paragraph (a)(2) of this section shows that the individual's personal net worth
exceeds $750,000, the individual's presumption of economic disadvantage is rebutted. You are not
required to have a proceeding under paragraph (b)(2) of this section in order to rebut the presumption
of economic disadvantage in this case.
(2) If you have a reasonable basis to believe that an individual who is a member of one of the
designated groups is not, in fact, socially and/or economically disadvantaged you may, at any time,
start a proceeding to determine whether the presumption should be regarded as rebutted with respect to
that individual. Your proceeding must follow the procedures of §26.87.
(3) In such a proceeding, you have the burden of demonstrating, by a preponderance of the
evidence, that the individual is not socialfy and economically disadvantaged. You may require the
individual to produce information relevant to the determination of his or her disadvantage.
(4) When an individual's presumption of social and/or economic disadvantage has been rebutted,
his or her ownership and control of the firm in question cannot be used for purposes of DBE eligibility
under this subpart unless and until he or she makes an individual showing of social and/or economic
disadvantage. If the basis for rebutting the presumption is a determination that the individual's
personal net worth exceeds $750,000, the individual is no longer eligible for participation in the
program and cannot regain eliaibility by making an individual showing of disadvantage.
(c) 8(a) and SDB Firn:s. If a firm applying for certification has a current, valid certification from or
recognized by the SBA under the 8(a) or small and disadvantaged business (SDB) program (except an
SDB certification based on the firm's self-certification as an SDB), you may accept the firm's 8(a) or
SDB certification in lieu of conductina your own certification proceeding, just as you may accept the
certification of another FTA/DOT recipient for this purpose. You are not required to do so, however.
(d) lndividuul deterniiiratiolis ofsocial atrd ecoflomic disadvantage. Firms owned and controlled by
individuals who are not presumed to be socially and economically disadvantaged (including
individuals whose presumed disadvantage has been rebutted) may apply for DBE certification. You
must make a case-by-case determination of whether each individual whose ownership and control are
relied upon for DBE certification is socially and economically disadvantaged. [n such a proceeding,
the applicant firm has the burden of demonstrating to you, by a preponderance of the evidence, that the
individuals who own and control it are socially and economically disadvantaged. An individual whose
personal net worth exceeds $750,000 shall not be deemed to be economically disadvantaged. In
making these determinations, use the guidance found in Appendix E of this part. You must require
that applicants provide sufficient information to permit determinations under the guidance of Appendix
E of this part.
§ 26.69 What rules govern determinations of ownership?
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_ 49 CFR Part 26 August 2008
(a) In determininb whether the socially and economically disadvantaged participants in a firm own
_ the firm, you must con'sider all the facts in tlie record, viewed as a whol'e.
(b) To be an eligible DBE, a firm inust be at Ieast 51 percent owned by socially and economically
disadvantaged individuals. (1) In the case of a corporatiorr,"such individuals must own at least 51 percent of the each class of
voting stock outstanding and 51 percent of the aggregate of al l stock outstanding.
(2) In the case of a partnership, 51 percent of each class of partnership interest must be owned by
sociafly and economically disadvantaged individuals. Such ownerstiip must be reflected in the firm's
parmership agreement: , %
(3) In the case of a limited liability company, at least 51' percent of each class of inember interest
must be owned by socially and econbrriically disadvantaged individuals.
(c) The firm's ownership by.socially and economically'disadvantaged individuals must be real,
substantial, and continuing; going beyond pro forma ownership of the firm as reflected in'ownership
documents: The disadvantaged owners must enjoy the customary incidents of ownership, and share in
the risks and profits commensurate with their ownership interests, as demonstrated by the substance,
not merely the form, of arranaements.
(d) All securities that constitute ownership of a firm shall be held directly by disadvantaged
persons. Except as provided in this paragraph (d), no securities or-assets held in trust; or by any
guardian for a minor, are considered;as heldtiy disadvantaged persons in determining the ownership of
a firm. Howe.ver; securities' or assets held in trust are regarded as held by a disadvantaged individual
for purposes of determini'ng'ownership of tlie firm; if
(1) The benef cial owner of securities or assets held in trust is a disadvantaged individual, and the
trustee is the same or another such individual: or
(2) The beneficial owner of a trust is a disadvantaged individual who, rather than the trustee, exercises
effective contcol over the mariagement, policy-makiag, and daily operational activitiea of the firm.
Assets held in a revocable living trust may be counted only in the situation'where the same
disadvantaged iridividual is the sole grantor,'beneficiary, and.frustee.
(e) The contributions of capital or expertise by the socially and economically disadvantaged owners
to acquire their ownership interests must be real and substantial. Exarriples of insufficient
contributions include a promise to contribute capital, an unsecured note payable to the firm or an
.
owner who is not a disadvantaged individual, or mere participation in, a'firm's activities as an
employee. Debt instruments from financial iristituti.ons or other organizations that lend funds in the
normal course of their business do not render a firm inelibible, even if the debtor's ownership interest
is security for the loan. - • The following requi "remerits appfy to s,ituations in which expertise is relied upon as'part of a
disadvaritaged owner's contribution 4o acquire ownership:
(1) The owner's expertise must be
(i) In a specialized feld: '
(ii) Of outstanding quality;
(iii) In areas critical to the firm's operations; -
, (iv). Indispensable to the firm'spotential success; •
- , (v) Specific to the type of work tlie firm performs; and
(vi) Documented in the records of the firm. These records must clearly show the contribution of -
_ expertise and its value to the firm.
(2) The individual whose expertise is relied upon must have a significant financial investment in the
fi rm. , .
(g) You must always deem as held by a socially and economically disadvantaged' individual, for .
purposes of determining ownership, all interests in a business or other assets obtained by the individual _
(1) As the result of a final property settlement or court order in a divorc.e or legal separation,
provided that no term or condition of the agreement or divorce decree is inconsistent with this section;
or
(2) Through inheritance, or otherwise because of the death of the former owner. ,
(h)(1) You must presume as not being held by a socially and economically disadvantaged individual, .
for purposes of determining ownership, all interests in a business or other assets obtained by the
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49 CFR Part 26 August 2008
individual as the result of a gift, or transfer without adequate consideration, from any non-
disadvantaged individual or non-DBE firm who is
(i) [nvolved in the same firm for which the individual is seeking certification, or an affiliate of that
firm;
(ii) Involved in the same or a similar line of business; or
(iii) Engaged in an ongoing business relationship with the firm, or an affiliate of the frm, for which
the individual is seeking certification.
(2) To overcome this presumption and permit the interests or assets to be counted, the
disadvantaged individual must demonstrate to you, by clear and convincing evidence, that
(i) The gift or transfer to the disadvantaged individual was made for reasons other than obtaining
certification as a DBE; and
(ii) The disadvantaged individual actually controls the management, policy, and operations of the
firm, notwithstanding the continuing participation of a non-disadvantaged individual who provided the
gift or transfer.
(i) You must apply the following rules in situations in which marital assets form a basis for
ownership of a firm:
(1) When marital assets (other than the assets of the business in question), held jointly or as
community property by both spouses, are used to acquire the ownership interest asserted by one
spouse, you must deem the ownership interest in the firm to have been acquired by that spouse with his
or her own individual resources, provided that the other spouse irrevocably renounces and transfers afl
rights in the ownership interest in the manner sanctioned by the (aws of the state in which either spouse
or the firm is domiciled. You do not count a greater portion of joint or community property assets
toward ownership than state law would recognize as belonging to the socially and economically
disadvantaged owner of the applicant firm.
(2) A copy of the document legally transferring and renouncing the other spouse's rights in the
jointly owned or community assets used to acquire an ownership interest in the firm must be included
as part of the firm's application for DBE certification.
(j) You may consider the following factors in determining the ownership of a firm. However, you
must not regard a contribution of capital as failing to be real and substantial, or find a firm ineligible,
solely because
(1) A socially and economicafly disadvantaged individual acquired his or her ownership interest as
the result of a gift, or transfer without adequate consideration, other than the types set forth in
paragraph (h) of this section;
(2) There is a provision for the co-signature of a spouse who is not a socially and economically
disadvantaged individual on financing agreements, contracts for the purchase or sale of real or personaf
property, bank signature cards, or other documents; or
(3) Ownership of the firm in question or its assets is transferred for adequate consideration from a
spouse who is not a socially and economically disadvantaged individual to a spouse who is such an
individual. In this case, you must give particularly close and careful scrutiny to the ownership and
control of a firm to ensure that it is owned and controlled, in substance as well as in form, by a socially
and economically disadvantaged individual.
§ 26.71 What rules govern determinations concerning control?
(a) In determining whether socially and economically disadvantaged owners control a firm, you
must consider all the facts in the record, viewed as a whole.
(b) Only an independent business may be certified as a DBE. An independent business is one the
viability of which does not depend on its relationship with another firm or firms.
(1) In determining whether a potential DBE is an independent business, you must scrutinize
relationships with non-DBE firms, in such areas ati personnel, facilities, equipment, financial and/or
bonding support, and other resources.
(2) You must consider whether present or recent employer/employee relationships between the
disadvantaged owner(s) of the potential DBE and non-DBE firms or persons associated with non-DBE
firms compromise the independence of the potential DBE firm.
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(3) You must examine the firm's relationships with prime contractors to determine whether a
pattern of exclusive or primary dealings with a prime contractor compromises the independence of the
potential DBE firin. '
(4) In considering factors related to the independence of a potential DBE firm, you must consider
the consistency of relationships between the potential DBE'and non-DBE firms with normal industry
practice.
(c) A DBE firm must not be subject to any formal or inforrimal restrictions which limit the
customary discretion of the socially and economically disadvantaged owners. There can be no
restrictions through corporate charter provisions, by-law provisioris, contracts or any other formal or
informal devices (e.g., cumulative voting rights,, voting powers attached to different classes of stock,
employment contracts, requirements for concurcence by non-disadvantaged partners, conditions
precedent or subsequent, executory agreements, voting trusts, restrictions on or assignments of voting
rights) that prevent the socially and economically disadvantaged owners, without the cboperation or
vote of any non-disadvantaged individual, from making any business decision of the firm. This
paragraph does not preclude a spousal co-signature on documents as provided for in §26.690)(2).
- (d) The socially and economically disadvantaged owners must possess the power to direct or cause ,
the directiomof the management and policies of the firm and to make day-to-day as well as long-term
decisions on matters of management, policy and operations.
(1) A disadvantaged owner must hold the Highest officer position in the company (e.g., chief
executive officer or president).
(2) In a corporation, disadvantaged owners must control the board of directors.
(3) In a partnersfiip, one or more disadvantaged owners must serve as general partners, with control
over all partnership decisions.
(e) Individuals who are not socially and economically disadvantaged may be involved in a DBE
firm as owners; managers, employees, stockholders, officers, and/or directors. Such individuals must
not, however, possess or exercise the power to control the firm, or be disproportionately responsible i
for the operation of the firm.
( fl The socially and economically disadvantaged owners of the firm may delegate various areas of
the management, policymaking, or daily operations of the firm to other p"articipants in the firm,
regardless of whether these participants are socially and economically disadvantaged individuals.
Such delegations of authority must be revocable; and the socially and economically disadvantaged
owners must retain the power to hire and fire any person to whom such authority is delegated. The
managerial role of the sociall'y and economically disadvantaged owners in the firm's overall affairs
must be such that tlie recipient can reasonably conclude that the socially and economically
disadvantaged owners actually exercise control over the firm's operations, management, and policy.
(g) The socially and economically disadvantaged owners must have an overall understanding of,
and managerial and technical competence' and experience directly related to, the type of liusiness in which the firm is engaged and the firm's operations. The socially and ecoriomically_ disadvantaged
owners are_ not required to, have experience or.expertise in every critical area of the firm's operafions,
orto have greater experience or expertise in a given field than managers or'key employees. The
socially and economically disadvantaged owners must have the ability to intelligently arid critically
evaluate information presented by other participants in the firm's activities and to use this information
to make independent decisions conceming the firm's daily operations, management, and policymaking.
Generally, expertise limited to office management, administration, or bookkeeping functions unrelated
to the principal business activities of the firm is insufticient to demonstrate control.
(h) If state or local law requires the persons to have a particular license or other.cred,ential in order .
to own and/or control a certain type of firm, then the socially and economically disadvantaged persons
who own and control a potential DBE firm of that type must possess the required license or credential.
, If state or local law does not require such a person to have_such a license or credential to own and/or
control a firm, you must not deny certification solely on the ground that the person lacks the license or -
credential. However, you may take info account the absence of_the license or credential as one factor
in determining whether the socially and economically disadvantaged owners actually control the firm.
(i)(1) You may consider differences in remuneration between the socially and economically .
disadvantaged owners and other participants in the firm in determining whether to certify a firm as a
DBE. Such consideration shall be in the context of the ciuties of the persons involved, normal industry _
practices, the firm's policy and practice concerning reinvestment of income, and any other
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explanations for the differences proffered by the firm. You may determine that a firm is controlled by
its socially and economically disadvantaged owner although that owner's remuneration is lower than
that of some,other participants in the firm.
, (2) [n a case where a non-disadvantaged individual formerly controlled the firm, and a socially and
economical lydi sadvantaged individual now controls it, you may consider a difference between the
remuneration of the former and current controller of the firm as,a factor in determining who controls
the firm, particularly when the non-disadvantaged individual remains, inyolved with the firm and
continues to receive greater compensation than the disadvantaged individual.
(j) In order to be viewed as controlling a firm, a socially and economically disadvantaged owner
cannot engage in outside employment or other business interests that conflict with the management of
: the firm.or prevent the individual from devoting sufficient time and attention to the affairs of the firm to control its activities. For example, absentee ownership of a business and part-time work in,a full-
time firm are not viewed as constituting control. However, an individual could be viewed as
' . controlling a part-time business that operates only on evenings and/or weeKends, if the individual
controls it all the time it i's operating. '
(k)(1) A socially and economically disadvantaged individual may control a firm even though one or
more of the individual's immediate family members (who themselves are not socially and
economically disadvantaged individuals) participate in the firm as a manager, employee, owner, or in
another capacity. Except as otherwise provided in this paragraph, you must make a judgment about the
control the socially and econoinically disadvantaged owner exercises vis-a-vis other persons involved
in the business as you do in other situations, without regard to whether or not the other persons are
immediate family members.
(2) If you cannot determine that the socially and economically disadvantaged owners as distinct
from the family as a whole control the firm, then the socially and economically disadvantaged .
owners have failed to carry their burden of proof concerning control, even though they may participate
significantly in the firtii's activities.
(I) Where a firm was formerly owned and/or controlled by a non-disadvantaged individual
(whether or not an immediafe family member), ownership and/or control were transferred to a socially
and economically disadvantaged individual, and the non-disadvantaged individual remains involved
with the firm in any capacity, the disadvantaged individual now owni'ng the firm must demonstrate to
you, by clear and convincing evidence, that:
(1) The transfer of ownership and/or control to the disadvantaged individual was made for reasons •
other than obtaining certificatiori as a DBE; and ,(2) The disadvantaged individual actually controls the management, policy, and operations of the
, firm, notwithstanding the continuing participation of a non-disadvantaged individual who formerTy
owned and/or controlled the firm.
(m) In determining whether a firm is controlled by its socially and economically disadvantaged
owners, you may consider whether the firm owns equipment necessary to perform its work. However, '
you must not determine that a firm is not controlled by socially and economically disadvantaged
individuals solely because the firm leases, rather than owns, such`equipment, where leasing equipment
is a normal industry practice and the lease does not involve a relationship with a prime contractor or
other party that compromises the independence of the firm.
(n) You must grant certification to a frm only for,pecific types'of work in which the socially and
economically disadvantaged owners have ihe ability to control the frm. To become certifed in an
additional type of work, the frm nee'd demonstrate to you only that its socially and economically
disadvantaged owners are able to control the firm with respect to that type of work. You may not, in
this situation, require thaf the firm be recertified or submit a new application for certification,.but you
must verify the disadvantaged owner's control.of the firm in tfie additional type of work.
(o) A business operating under a franchise or license ao eement may be certified if it meets the •
standards in this subpart and the franchiser or licenser is not affi(iated with the franchisee or licensee.
In determining whether affiliation exisfs, you:sfiould generally not consider the restraints relating to
standardized quality, advertising; accounting format, and other proyisions imposed on the franchisee or
licensee by the franchise agreement or license;'provided that the francHisee or licensee has the'right to
profit from its efforts and bears the risk of loss commensurate.with ownership. Alternatively, even
thougH a franchisee or licensee may not be controlled by virtue of such provisions in the franchise
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agreement or license, affiliation could arise through other means, such as common management or
excessive restrictions on the sale or transfer of the franchise interest or license.
(p) In order for a partnership,to be controlled by socialiy and economically disadvantaged
individuals, any non-disadvantaged partners must not have the power, without the specific written
concurrence of the socially and economically disadvantaged partner(s), to contractually bind the
partnership or suliject th'e partnership to contract or tort liability.
(q) The socially and econoinically disadvantaged individuals cbntrolling.a firm may use an
employee leasing company. The use of such a corripany does not preclude the socially and '
economically disadvaritaged individuals from controlling'their firm if they continue to maintain an
' employei~-employee relationship with tHe leased employees. This includes being responsible for .
hiring, firing, training, assignirig; and otherwise coritrolling the on=the job activities of the employees,
as welf as'ultimate responsibility for wage and tax obligations related to the employees.
~ 26.73 What are other rules affecting certification?
(a)(1) Consideration of whether a firm performs a commercial ly useful function or is a regular dealer
pertains solely to counting toward DBE goals the participation of firms that have already been certified
as DBEs. .Except as provided in paragraph (a)(2) of this section, you must not consider commercially
useful function issues in any way in making decisions about whether to certify a tirm as a DBE. (2) You may consider, in making certification decisions, whether a firm has exhibited a pattern of
conduct indicating its involvement in attempts to evade or subvert the intent or requirements of the
DBE program: _
(b) You must eyaluate the eligibility of a firm on the basis of present circumstances. You must not
refuse to certify a firm based solely on historical information indicating a lack of ownership or control
of the firm by socially and economically disadvantaged individuals at some time in the past, if the firm
currently meets the ownership and control standards of this part. Nor must you refuse to certify a firm
solely on the basis that it is a newly formed firm. -
(c) DBE firms and firms seeking DBE certification shall cooperate fully with your requests (and
FTA/DOT requests) for information relevant to the certification process. Failure or refusal to provide
such information is a ground for a denial or removal of certification.
(d) Only firms organized for,profit may be eligible DBEs. Not-for-profit organizations, even
though controlled by socially and economically disadvantaged individuals, are not eligible to be
certified as DBEs. '
(e) An eligible DBE firm must be owned by individuals who are socially and economically
disadvantaged. Except as provided in this paragraph, a firm that is not owned 6y such individuals, but
instead is owned by another firm even a DBE firm cannot be an eligible DBE.
(1) If socially, and economically disadvantaged individuals own and control a firm through a parent
or holding compariy, established for tax, capitalization or other purposes consistent with industry
practice, and the parent or holding company in turn owns and controls an operating subsidiary, you
may certify the subsidiary if it othenvise meets all requirements of this subpart. .In, this situation, the
individual owners and controllers of the parent or holding company are deemed to control tlie
subsidiary through the parent or holding company.
(2) You may certify such a subsidiary only if there is cumulatively 51 percent ownership of the
subsidiary by socially and economically disadvantaged individuals. The following examples illustrate
how this cumulative ownership provision works:
Example 1: Socially and economically disadvantaged individuals own 100 percent of a holding
company, which has a wholly-owned subsidiary. The subsidiary may be ceitified, if it meets all other .
requirements.
Example 2: Disadvantaged individuals own 100 percent of the holding company, which owns 51
percent of a subsidiary. The subsidiary may be certified, if all other requirements are met.
E.run:ple 3: Disadvantaged individuals own 80 percent of the holding company, which in turn owns 70
percent of a subsidiary. In this case, the cumulative ownership of the subsidiary by disadvantaged •
individuals is 56 percent (80 percent of the 70 percent). This is more than 51 percent, so you may
certify the subsidiary, if all other requirements are met.
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E.ranrple 4: ;Same as Example 2 or 3, but someone other than the.socially and economically
disadvantaged owners of the parent or holding company confrols the subsidiary. Even though the
subsidiary is owned by disadvantaged individuals, through the holding or parent company, you cannot
certify it because it fails to meet control requirements.
E,rgnrple 5: Disadvantaged individuafs own 60 percent of the holding company, which in turn owns 51
percent of a subsidiary. In this case, the cumulative ownership of the subsidiary by disadvantaged
individuals is about 31 percent. This is less than 51 percent, so you cannot.certify the subsidiary. -
_ Erample 6: The holding company,.in addition to the subsidiary seeking certification, owns several
other companies. The combined gross receipts of the holding companies and its subsidiaries are
greater than the size standard for the subsidiary seeking certif cation and/or the gross receipts cap of
§26.65(li. Under the rules conceming affiliation, the subsidiary fails to meet the size standard and
cannot be certified. , (f) Recognition of a business as a separate entity for tax or corporate purposes is not necessarily
, sufficient to demonstrate that.a firm is an independent business, owned and controlled by socially and
. economically disadvantaged individuals.
(g)' . You must not require a DBE firm to be prequalifed as a condition for certification unless the
, recipient,reguires all firms that participate in its contracts and subcontracts to be prequalified. ,
(h) A firm that is owned by an Indian tribe, Alaska Native Corporation, or Native Hawaiian
organization as an entity, rather than by Indians, Alaska Natives, or Native Hawaiians as individuals,
may be eligible for certification. Such a firm must meet the size standards of §26.65. Such a;firm
. must.be controlled by socially and economically disadvantaged individuals, as provided in §26.71.
, SUBPART E CERTIFICATION PROCEDURES § 26.81 What are the requirements for Unifred Certification . Programs? (a) You and all other FTA/DOT recipients in your state must participate in a Unified Certification .
- Program (UCP). .
(1) Within three.years of [insert date 30 days after date of publication in Federal Register], you and
the other recipients in your state must sign an agreement establishing tfie UCP for that state and submit: .
the agreement to the Secretary for approval. The Secretary may, on the batiis of extenuating _ •
circumstances shown by the recipients in the state, extend this deadline for no more than one additional
year. . .
(2) The agreement must provide for the establishment of a UCP meeting all the requirements of tHis
section. The agreement must specify that the UCP will follow all certification procedures and
standards of.this part, on the same basis as recipients: that the UCP shall cooperafe fully with ~ .
oversight, review, and monitoring activities of FTA/DOT and its operating;administrations; and•that the UCP shall implement FTA/DOT directives and guidance concerning certification..matters. The
agreement shall also commit recipients to ensuring that the UCP has sufficient resources and expertise
to carry out the requirements of this part. The agreement shall include an implementation schedule
ensuring that ttie UCP is fully operational no later than 18 months following the approval of the
agreement by the Secretary. I
(3) Subject to approval by the Secretary, the UCP in each state may:take any form acceptable to the
recipients in that state. '
(4) The Secretary shall review the UCP and approve it, disapprove it, or remand it to the recipients
in the state for revisions. A complete agreement which is not disapproyed or remanded within 180
days of its receipt is deemed to be accepted. (5) If you and the other recipients in your state fail to meet the dead,lines set forth in this paragraph
(a), you shall have the opportunity to make an explanation to the Secretary why a deadline could not be
met and why meeting the deadline was beyond your controL If you.fail fo make such an ezplanation, ,
or the explanation does not justify the faifure to meet the deadline, the Secretary shall direct you to
complete the required action by a date certain. If you and the other-recipients fail fo carry out this
direction in a timely manner, you are collectivefy in noncompliance with this part.
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(b) The UCP shall make all certification decisions on behalf of .all FTA/DOT recipients in the state
with respect to participation in the FTA/DOT DBE Program.
(1) Certification decisions by the UCP shall be binding on afi FTA/DOT recipients within the state.
(2) The UCP shall provide "one-stop shopping" to applicants for certification, such that an
applicant is:required to apply only once for a DBE certification that will be honored by all recipients in
the state. •
(3) All obligations of recipients with respect to certification and nondiscrimination must be carried
out by UCPs, and recipients may use only:UCPs that comply with the certification and
nondiscrimination requirements of this part.
(c) All certifications by UCPsshall be pre-certifications; i.e., certifications that have been made
final before the due date for bids'or offers on a contract on which a firm seeks to participate as.a DBE.
(d) A UCP is not required to process an application for certification from a firm having its principal
place of business outside the state if the frm is not certified by the UCP in the state in which it
maintains its principal place of business. The "home state" UCP shall sHare its information and
documents concerning the firm with other UCPs that are considering the firm's application.
(e) Subject to FTA/DOT approval as provided in this section, the recipients in two or more states may form a regional UCP. UCPs may also enter into written reciprocity ag"reements with other UCPs.
Such an agreement shall outline the specific responsibilities of each participant. A UCP may accept
the cer[ification of any other UCP or FTA/DOT recipient.
( fl Pending the establishment of UCPs meeting the requireinents of this section, you may enter into
agreements with other recipients, on a regional or inter jurisdictional basis; to perform certification
functions required by this part. You may also grant reciprocity to other recipient's certifcation
decisions. "
(g) Each UCP shall maintain a unified DBE directory containing, for all firms certified by the UCP
(including those from other states certified under the provisions of this section), the information
required by §2631. The UCP shall inake the directory available to the public e(ectronically, on the
internet, as well as in print. The UCP shall update the electronic version of the directory by including
additions, deletions, and other changes as soon as they are made.
(h) Except as otherwise specified in this section, all provisions of this subpart and subpart D of this
part pertaining to recipients also apply to UCPs.
§26.83 What procedures do recipients follow in making certifieation
decisions?
(a) You must ensure that only firms certified as eligible DBEs under this section participate as
DBEs in .your program.
(b) You must determine the eligibility of firms as DBEs consistent with the standards of subpart D
of this part. When a UCP is formed, the UCP must meet all the requirements of subpart D of this part
and-this subpart that recipientsare required to meet. . .
(c) You must take all the following steps in determining whether a DBE firm meets the standards of
subpart D of this part: .
(1) Perform an on-site .visit to the offices of the firm. You must interview the principal officers of
the firm and review their resumes and/or work histories. You must also perform an on-site visit to job
sites if there are such sites on which the firm is working at the time of the eligibility investigation in
your jurisdiction or local. area. You may rely upon the site visit report of any other recipient with
respect to a firm applying for certification; _
(2) If the firm is a corporation, anafyze the ownership of stock in the firm;
(3) Analyze the bonding and financial capacity of the firm;
• (4) Determine the work history of the firm, including contracts it has received and work it has
completed;
(5) Obtain a statement from the firm of the type of work it prefers to perform as part of the DBE
program and its prefened locations for performing the work, if any; -
(6) Obtain'or compile a list of the equipment owned by.or available to the firm and the licenses the j
firm and its key personnel possess to perform the work it seeks to do as part of the DBE program;
(7) Require potential DBEs to complete and submit an appropriate application form.
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(i) Uniformform. [Reserved] (ii) You.must make sure that the applicant attests to the accuracy and truthfulness of the information .
on the application form. This shall be done either in the form of an affidavit sworn to by the applicant
before.a person who is authorized by state law to administer oaths or in the form of an unsworn
declaration exec.uted under penalty of perjury of the laws of the United States: '
(iii) You_must review all information on the form prior to making a decision about.the eligibility of
dhe firm.
(d) When another recipient, in connection with its consideration of the eligibility of a firm, makes a :
written request forcertification information you have obtained about that firm (e.g., including `
application material§ or the report of a site visit, if you have made one to the firm), you must promptly
. make'the in'formation available'to the other recipient. -
- (e) When anotherFTA/DOT recipient has certified a firm, you have discretion to take any of the . following actions: = ' .
(1) Certify the firm in reliance on the certification decision of the other recipient;
(2) • Make an independent certitication decision based on documentation provided by the other ' .
recipierit, augmented by any additional information you- require the applicant to provide; or
(3) Require the applicant to go through your application process without regard to the action of the ,
• `other recipient.
' (f) Subject to the approval of the concerned operating administration as part of your DBE program;
you may impose a•reasonable application fee for certification. Fee.waivers,shall be made in '
appropriate cases.
(g) You must safeguard from disclosure to unauthorized persons information gathered as part of the _
certification process that may reasonably be regarded as proprietary or other confidential business
information, consistent with applicable Federal, state, and local law. . •
_ (h) Once you have certified a DBE, it shall remain certified for a period of at least three years
unless and until its certification has been removed through the procedures.of $26,87r You may,not
require DBEs to reapply for certification as a condition of continuing to participate in the program
. during this three-year period, unless the factual basis on which the certification was rriade changes.
(i) If you are a DBE, you must inform the recipient or UGP in writing of any change in .
. circumstances affecting your ability to meet size, disadvantaged status, ownership, or control
requirements of this part or any material change in the information provided in your application form. (1) Changes in management responsibility among members of a limited liability'company are
- covered by this requirement. - •
• (2) You must attach supporting"documentation describing in detail the nature of such changes.' (3) The riotice must take the form of.an affidavit swom to liy the owners of the firm before a person who is authorized by state law to administer oaths or of an unsworn declaration executed under penalty
of perjury of the laws of the iJnited States. You must provide the written notification within 30 days of .
the occurrence of the change. If you fail to make timely notification of such a change, you will be deemed to have failed to cooperate under §26.109(c). .
(j) If ybu are a DBE, you must provide to the recipient, every year on the anniversary of the date of
your certification, an affidavit sworn to by the firm's owners before a person who isauthorized by state .
' law to administer oaths or an unswom declaration executed under penalty of perjury of the laws of the
United States. This affidavit musYaffirm that there have been no changes in the firm's circumstances •
-
affecting its ability to: meet size, disadvantaged status, ownership, or control requirements of this part
or any material changes in the information provided in its application form, except for changes, about.
which you have notified the recipient under paragraph (i) ofthis section: The affidavit shall
specificalfy affirm that your firm continues to meet SBA business size'criteria and the overall gross
• receipts cap of this part, documenting tliis affirmation with suppoitina documentation of your firm's
size and gross receipts. If you fail to provide this affidavit in a timely inanner, you will be deemed to
have failed to cooperate under §26.109(c). ~
(k) If you are a recipient: you must make'decisions on applications for certification within 90 days
of receiving from the applicant firm. all iriforrimation required under ttiis part. You may extend this
time period once; for no rimore than an additional 60 days, upon written notice to the firm, explaining
fully and specifically. the reasons for the extension. You may establish a different time frame in your
DBE program, u}5on a showing that this time frame is not feasible, and subject to the approval of the
concerned operating administration. Your failure to'make a decision by the applicable deaiiline under
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49 CFR Part 26 August 2008
this paragraph is deemed a constructive denial of the application, orr the basis of which the firm may
appeal to FTA/DOT under a26:89. • .
~ 26.85 What"rules govern recipients' denials of initial requests for
certif cation ?
(a) When you deny a request by a firm, which is not cunently certified with you, to be certitied as a
DBE, you must provide the firm a written explanation of the reasons for the denial, specifically
referencing the. evidence in the record that supports each reason for the denial.. All documents and
other information on which the denial is based must be made available to the applicant, on request.
(b) When a firm is. denied certification, you inust establish a time period of no more than twelve
months that must elapse before the firm may reapply to the recipient for certification. You may
provide; in your DBE program, subject to approval'by the concerned operating administration, a
shorter waiting period for reapplication. The time period for reapplication begins to run on the;date the
explanation required by }iaragraph (a) of this section is received by the firm.
(c) When you make an administratively final denial of certification concerning a firm, the firm may
appeal the denial to the Department under §26.89.
§26. 87 What procedures does a recipient use to remove a DBE's
eligibility?
(a) /neligibiliry complaints.
(1) Any person. may file with you a written complainf alfeging that a currently-certified firm is
ineligible and specifying the alleged reasons why the firm is ineligible. You are not required to accept
a general all"egation that a frm is ineligible or an anonymous complaint. The complaint may include
any information or arguments supporting the complainant's assertion that the firm is ineligible and
should not continue to lie certified. Confidentiality of complainants' identities must be protected as
provided in §26.109(b). •
(2) You must review your records concerning the firm, any material provided by the firm and the
complainant, and other available.information. You may request additional information from the firm or
conduct,any other investigation that you deem necessary: ;
(3) If you defermine, based on this review, that there is reasonable cause to believ,e that the firm is
ineligible, you must provide written notice to the,firm that you propose to find the firm ineligible,
setting forth the reasons for the proposed determination. If you determine that such reasonable cause
does not exist,.you must notify the complainant and the firm in writing of this determination and the
reasons for it. All statements of reasbns for findinas on the issue of reasonable cause must specifically
reference the evidence in the record on which each'reason is based.
(b) Recipient-irritiuted proceedings. If, based on notification by the f rm of a change in its
' circumstances o; other information that comes to your attention, you determine that there is reasonable
cause to believe that a currently certifed firm is ineligible, you must provide written notice to the firm
, that you propose to find the firm ineligible, setting forth the reasons for the proposed determination.
The statement of reasons for the finding of reasonable cause must specifically.reference the evidence in
the record on which each reason is based.
(c) FTA/DOT directive to initiate proceeding. (1) If the concerned operating administration
determines that information in your certification records, or other information available to the
concerned operating administration, provides reasonable cause to believe that a firm you certified does
not meet the eligibility criteria of this part, the concerned operating administration may direct y.ou to _
initiate a proceeding to remove the firm's certification.
(2) The concemed operating administration must provide you and the_.firm a notice setting forth the .
reasons for the directive, including any relevant documentation or other inforniation.
(3) You must immediately commence and prosecute a proceeding to remove eligibility as provided
by paragraph (b) of this section. - •
(d) Heariiig. When you notify a firm that there is reasonable cause to remove its eligibility as '
provided in paragraph (a), (b), or (c) of this section, you must give the firm_an opportunity for an
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49 CFR Part 26 August 2008
informal hearing, at which the firm may respond to the reasons for the proposal to remove its eligibility
in person and provide information and arguments concerning why it should remain certified.
(1) In such a proceeding, you bear the burden of proving, by a preponderance of the evidence, that
the firm does not meet the certification standards of this part. .
(2) You must maintain a complete record of the hearing, by any means acceptable under state law
for the retention of a verbatim record of an administrative hearing. If there, is an appeal to FTA/DOT
- under §26.89, you must provide a transcript of the hearing to FTA/DOT and, on request, to the firm. •
, You must retain the original record ofthe hearing. You may charge the frm only for the cost of
copying the record.
(3) The firm may elect to present information and arguments in writing, without going to a hearing. .
In such a situation, you bear the same burden of proving, by a preponderance of the evidence, that the
firm does not meet the certification standards, as you would during a hearing.
(e) Separation qf fitrtctions. ; You must ensure that the decision in a proceeding to remove a firm's
eligibility is made by an office and personnel that did not take part in actions leading to onseeking to '
implemenf the proposal to remove the firm's eligibility and are not subject, with respect to the matter,~
to direction from the office or personnel who did take part in these actions.
' (1) Your method of implementing this requirement must be made part of your DBE program.
(2) The decisionmaker must be an individual who is knowledgeable about the certifcation
requirements of your DBE program and this part.
(3) Before a UCP is operational in its state, a small airport or small transit authority (i.e., an aicport
or transit authority serving an area with less than 250,000 population) is required to meet this
requirement only to the extent feasible.
(f) Grounds for DecisioiT. You must not base a decision to remove eligibility on a reinterpretation
or changed opinion of information available to the recipient at the time of its certification of the firm.
You may base such a decision only on one or more of the following: (1) . Changes in the firm's circumstances since the certification of the firm by the recipient that
° render the firm unable to meet the eligibility standards of this part;
(2) . Information or evidence not available to you at the time the firm was certified;
(3) Information that was concealed or misrepresented by the firm in previous certification actions
' . by a recipient;
- (4) A change in the certification standards or requirements of the Department since you certified the
tirm; or
(5) A documented finding that your determination to certify the firm was factually enoneous.
. ' (g) Notice of decision. Following your decision, you must provide the frm written notice of the decision and the reasons for it, including specific references to the evidence:in the record that supports
each reason for,the decision. The notice must inform the firm of the consequences of your decision and 'of the availability of an appeal to the Department of Transportation under §26.89. You must send
copies, of the'notice to the complainant in an ineligibility complaint or the concerned operating
administration that had directed you to initiate the proceeding. '
(h) Status offirn: durrngproceeding. (1) A firm remains an eligible DBE during the pendancy of • •
your proceeding to remove its eligibility. -
(2) The firm does not become ineligible until the issuance of the notice provided for in paragraph
(g) of this section. ,
(i) Effects of remova( of eligibi/itv. When you remove a firm's eligibility, you must take the
following action:
(1) When a prime contractor has made a commitment to using the ineligible firm, or you have made
a commitment to using a DBE prime contractor, but a.subcontract or contract has not been executed
bef6re you issue the decertification notice provided for in paragraph (g) of this section, the ineligible
firm does not count toward the contract goal or overall goal. You must direct the prime contractor to
meet the contract goal with an eligible DBE firm or demonstrate to you that it has made a good faith
effort to do so.
(2) If a prime contractor has executed a subcontract with the firm before you have notified the firm
of its ineligibility, the prime contractor may continue to use the firm on the contract and may continue
to receive credit toward its DBE goal for the firm's work. In this case, or. in a case where you have let
a prime contract to the DBE that was later ruled ineligible, the portion of the ineligible.firm's
Town of Vail/dba Vail Transit Page 51 of 61 ,
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49 CFR Part 26 August 2008
performance of the contract remaining after you issued the notice of its ineligibility shall not count
toward your overall goaf; but may count toward the contract goaL -
(3) Exceptian`. If the DBE's ineligibifity is caused solely by its having exceeded the size standard
during the performance_ of the contract,' you may continue fo count its participation on that contract
toward overall and contract goals. "
(j) Avuilubilitv of appeul. W}ien you make an administratively fnal rerr?oval of a firm's eligibility
under this section, the firm may appeal the removal,to the Department under §26.89.
§ 26.89 What is the process for certification appeals.to the
Department of Transportation?
(a)(1) If you are a firm which is denied certification or whose eligibility is removed by a recipient, you
may make an administrative appeal to the Department.
(2) If you are a complainant in an ineligibility.complaint,to a recipient (including the concerned
operating administration in the circumstanc.es provided in §26.87(0), you may appeal to the
Department if the recipient does not find reasonable cause to propose removing the f rm's eligibility '
or, following a removal of eligibility proceeding, determines that'the firm is eligible.
(3) Send appeals to the following address: U:S. Department of Transportation, Off ce of Civil
Rights, 400 7th Street, S.W., Room 2401, Washington, D.C. 20590. . (b) Pendirig the Department's decision in the rriatter; the recipient's decision remains irr effecf. The
Department does not stay the effect of the recipient's decision while it i,s considering an appeal.
(c) If you want to file an appeal, you mu'st send a letter to the Department within 90 days of the date
of the recipient's fnal decision, containing information and arguments,concerning why the recipient's
decision should be reversed. The Department may accept an appeal filed later than 90 days after the
date of the decision if the Department determines that there was good cause for the late tiling of the
appeal. .
(1) If you are an appellant who is a firm which has been denied certification, whose certification has
been removed, whose owner_is determined not to be a member of a designated disadvantaged group, or,
.
, concerning whose owner the presumptiorrof disadvantage has been rebutted, ybur letter must state the
name and address of any other recipient which currently certifies the firm, which lias rejected an
application for ceitification from the firm or removed the firm's eligibility within one year prior to the
date of the appeal, or liefore which.an application for certification or a removal of eligibility is
pending. Failure to provide this information may be deemed,a failure to cooperate under §26.109(c).
(2) If you are an appellant other tlian one described in paragaph (c)(1) of this section, the
Department will request, and the tiim whose cerfification has been questioned shall promptly provide,
the information called for in paragraph (c)(1) of this section. Failure to provide this information may
be deemed a failure to cooperate under fi26.109(c). '
(d) When it receives an appeal, the Department requests a copy of the recipient's complete
administrative record in the matter. If you are the recipient, you must provide the administrative .
record, including a hearing transcript, within 20 days of the Department's request. The Department
may extend this time period on the basis of a recipient's showing of good cause. To facilitate the
Department's review of a recipient's decision, you must ensure that such administrative records are
well organized, indexed, and paginateii. Records that do not comport with these requirements are not
acceptable and will be returned to you to be corrected immediately. If an appeal is brought concerning
one recipient's certification decision concerning a firm, and that recipient relied on the decision and/or
administrative record of another recipient, this requirement applies to both recipients involved.
(e) The Department makes its decision based solely on the entire administrative record. The
Department does not make a de noVo review of the matter and does not conduct a hearing. The
Department may supplement the administrative record by adding relevant information made available
by the FTA7DOT Office of Inspector General; Federal, state, or local law enforcement authorities; '
officials of a FTA/DOT operating administration or other appropriate FTA/DOT office; a recipient; or .
a firm or other private party.
(f) As a recipient, when you provide supplementary information to the Department, you shall also
make this information available to,the firm and any.third-party complainant involved, consistent with
_ Federal or applicable state laws concerning freedom of information and privacy. The Department
Town of Vail/dba Vail Transit Page 52 of 61 -
49 CFR Part 26 August 2008 : -
makes available, on.request by the firm and any third-party complainant involved, any supplementary
information it receives from any source. -
(1) The Department affirms your decision unless it determines, based on the entire administrative -
record, that your decision is unsupported by substantial evidence or inconsistent with the substantive or
; procedural provisions of this part concerning certification. . "
(2) If the Department determines, after reviewing the entire administrative record, that your
decision was unsupported by substantial evidence or inconsistent with the substantive or procedural.
provisions of this part concerning certification, the Department reverses your decision and directsyouu
tb certify the firm or remove its eligibility, as appropriate. You must take the action directed by the
' Department's decision immediately upon receiving writfen notice of it.
(3) The Department is not required to reverse your decision if the Department determines that a •
procedural error did not result in fundamental unfairness to the appellant or substantially prejudice the
opportunity of the appellant to present its case.
(4) If it appears that the record is incomplete or unclear with'respect to matters likely to have a
. significant impact on the outcome of the case, the Department may remand the record to you with
instructions seeking clarification or augmentation of the record before making a finding. The Department may also remand a case to you for further proceedings consistenrwith Departrnent -
. instructions concerning the proper application of the provisions of this part.
(5) The Department does not uphold your decision based on grounds not specified in your'decision.
(6) The Department's decision is based on the status and circumstances of the firm as of the date of ; •
the decision being appealed.
(7) The Department provides written notice of its decision to you, the firm, and the complainant in _
an ineligibility complaint. A copy of the notice is also sent to any other recipient whose administrative _
record or decision has been involved in the proceeding (see paragraph (d) of this section). The notice includes the reasons for the Department's decision, including.specific references to, the evidence in the
record that supports each reason for the decision.
(8) The Department's policy is to make its decision within 180 days of receiving the complete
administrative record. If the Department does not make its decision within this period, the Department ;
provides written n'otice to concemed parties, including a statement of the reason for the delay and a' .
date by which the appeal decision will be made.
(g) All decisions under this section are administratively final, and are not subject to petitioris for
reconsideration.
- § 26.91 What actions do recipients take following FTA/DOT
certification appeal decisions?
(a) • If you are the recipient from whose action an appeal under §26.89 is taken, the decision is•
binding: It is not binding on other recipients. • . . ,
(b) . If you are a recipient to which a FTA/DOT determination under §26.89 is applicable, you must
take the following action:
(1) If the Department determines that you erconeously certified a firm, you must remove the firm's
eligibility on receipt of the determination, without further proceedings on your part. Effective.on the
date of your receipt of the Department's determination, the consequences of a removal of eligibility set
forth in §26.87(i) take effect. '
(2) If the Department determines that you erroneously failed to find reasonable cause to remove the
firm's eligibility, you must expeditiously commence a proceeding to determine whether the firm's
eligibility should 6e removed; as provided in 426.87. ~
(3) If the Department determines that you erroneously declined to certify or removed the eligibility
of the firm, you must certify the firm, effective on the date of your receipt of the written notice of
Department's determination.
'(4) If the Department determines that'you erroneously determined that the presumption of social
and economic disadvantage eitNer should or should not be deemed rebutted, you must take appropriate
corrective action as determined by the Department.
(5) If the Department affirms your determination, no further action is necessary.
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: 49 CFR Part 26 August 2008 .
(c). Where FTA/DOT has upheld your denial of certification fo or removal of eligibility from a firm,
or directed the removal of a firm's eligibiliry, other recipients with w}iom the f rni is certified may
comrrience a proceeding to remove the frm's eligibility under, §26.87: Sucti recipients must not
remove the firm's eligibility absent such a proceeding. Where FTA/DOT has reversed your denial of
' cenification to or removal of eligibility from a,firin, othefiecipienfs must take the FTA/DOT action
into account in any certification action involving the firm. However, otfier recipients are not required
to certify the firm based on the FTA/DOT decision.
SUBPART F.- COMPLIANCE AND.ENFORCEMENT
§26.101 What compliance procedures apply to recipients?
(a) If you fail to comply with any requirement of this part, you may be subject to formal
enforcement action under, }26.103 or §26.105 or appropriate program sanctions by the concemed
operating administration, such as the suspension or termination of Federal funds, or, refusal to approve
projects, grants or contracts until deficiencies are remedied. Program sanctions may include, in the
case of the FHWA program, actions provided for under 23 CFR,1.36; iri the case of the FAA proa am.
actions consistent with 49 U.S.C. 47106(d), 47111(d), and 47122; and in the case of the FTA program,
any actions permitted under 49 U.S.C. chapter 53 or applicable FTA program requirements.
(b) As provided in statute, you will not be subject fo compliance actions or.sanctions for failing to
carry out any requirement of this part because you have been prevented from complying because a
Federal court has issued a final order in which the court found that the requirement is unconstitutional.
§ 26.103 What enforcement actions apply in. FHWA and FTA
programs?
The provisions of this section apply to enforcement actions under FHWA and FT'A programs: (a) Noru•ompliartce conip/aitrts. Any person who believes that a recipient has failed to comply with
its obligations under this part may file a written complaint with the concerned operating
administration's Office of Civil Rights. If you want to file a complaint, you must do so no later than
180 days after the date of the alleged violation or the'date on which you learned of a continuing course
of conduct in .violation of this part. In response.to your written request, the Office of Civil Rights may
extend the time for filing in the interest of justice, specifying in writing the reason for so doing. The
Office of Civil Rights may protect the confidentiality of youridentiry as provided in §26.109(b).
Complaints under this part are limited to allegations of violation of the provisions of this part.
(b) Compliance revietir.s. The concerned operating administration may review the recipient's
compliance with this part at any time, including reviews of paperwork and on-site reviews, as
appropriate. The Office of Civil Rights may direct the operating administration to initiate a
compliance review based on complaints received.
(c) Reasonable cause trotrce. If it appears, from the investigation of a complaint or the results of a
compliance review, that you, as a recipient, are in noncompliance with this pact, the appropriate
FTA/DOT office promptly sends you, return receipt requested, a written notice advising you that there
is reasonable cause to find you in noncompliance. The notice states the reasons for this finding and
; directs you to reply within 30 days concerning whether you wish to begin conciliation. ,
(d) Concilration. (1) If you request conciliation, the appropriate FTA/DOT office shall pursue
conciliation for at least 30, but not more than 120, days from the date of your request. The appropriate
FTA/DOT office may extend the conciliation period for up to 30 days for good cause, contiistent with
applicable statutes.
(2) If you and the appropriate FTA/DOT office sign a conciliation agreement, then the matter is
regarded as closed and you are regarded as being in compliance. The.conciliation agreement sets forth
" the measures you have taken or will take to ensure compliance. While a conciliation agreement is in
effect, you remain eligible for FHWA or FTA financial assistance.
Town of Vail/dba Vail Transit Page 54 of 61
' 49 CFR Part 26 August 2008
(3) The concerned operating administration shall monitor your implementation of the conciliation
, agreement and ensure that its terms are complied with. If you fail to carry out the terms of a
- conciliation agreement, you are in noncompliance.
(4) If you do not request conciliation, or a conciliation agreement is not signed within the time
' provided in paragraph (d)(1) of this section, then enforcement proceedings begin.
` ,(e) Enforcenrent actions. (1) Enforcement actions are taken as provided in this subpart.
(2) Applicable findings in enforcement proceedings are bindinD on all FTA/DOT offices.
§ 26.105 What enforcement actions apply in FAA Programs? . (a) Compliance with all requirements of this part by airport sponsors and other recipients of FAA
financial assistance is enforced through the procedures of Title 49 of the United States Code, including 49 U.S.C. 47106(d). 47111(d), and 47122, and regulations implementing.them.
(b) The prbvisions of §26.103 (b) and this section apply to enforcement actions in FAA programs.
.(c)• Any person who knows of a violation of this part by a recipient of FAA funds may file a-
complaint under 14 CFR part 16 with the Federal Aviation Admii?istration Office of Chief Counsel,
- § 26.107 What enforcement actions apply to firms participating in the
- DBE program ? '
(a) If you are a firm that does not meet the eligibility criteria of subpart D of this part and that: '
attempts to participate in a FTA/DOT-assisted proaram as a DBE on the basis of false, fraudulent, or
deceitful statements or representations or under circumstances indicatinga serious lack of business
integrity or.honesty, the Department may initiate suspension or debarment proceedings aaainst you '
• under 49 CFR part 29.
(b) If you are a firm that,, in order to meet DBE contract goals or other DBE program;requirements, .
uses or attempts to use, on the basis of false, fraudulent or deceitful statements or representations or urider circumstances indicating a serious lack ofbusiness inteb ity orhonesty, another firm that does
• not meet the eligibility criteria of subpart D of this' part, the Department may initiate suspension or -
debarment proceedings against you under 49 CFR part 29.
(c) 'In a suspension or.debarment proceeding brought uncler paragraph (a) or (b) of this section, the
concerned operating administration may consider the fact that a purported DBE has been ceRified by. a
recipient. Such certification does not preclude the Department from determining that the purported
DBE, or another firm that has used or attempted to use it to meet DBE goals, should be suspended or •
debarred. '
(d) The Department may take enforcement action under 49 CFR Part 31, Program Fraud and Civil
Remedies,,against any participant in'the DBE program whose conduct is subject to such action urider
49 CFR part 31. (e) The Department may refer to the Department of Justice, for prosecution under 18 U.S.C. 1001
or other applicabfe provisions of law, any person who makes a false or fraudulent statement in
connection with participation of a DBE in any FTA/DOT-assisted program or otherwise violates
applicable Federal statutes.
~ 26.109 What are the rules governing information,, confidentiality,
cooperation, and intimidation or retaliation?
(a) ' Availability of record.s. (1) In responding to requests for information concerning any aspect of
the DBE program, the Department complies with provisions of the Federal Freedom of Information (5
U.S.C. 552) and Privacy Acts (5 U.S.C. 552a). The Department may make available to the public any
information concerning the DBE program release of which is not prohibited by Federal law.
(2) If you are a recipient, you shafl safeguard from disclosure to unauthorized persons information
that may reasonably be considered as confidential business informati'on, consistent with Federal, state,
and local law.
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49 CFR Part 26 August 2008
(b) Coitfrdefuialfry of infornlation on complairrants. Notwithstanding the:provisions of paragraph
(a) of this section, the identity of complainants shall be kept confidential, at their election. If such
' confidentiality will hinder the investigation, proceeding or hearing, or result in a denial of appropriate
administrative due process to other parties, the corriplainant must be advised for the purpose.of waiving
, the privilege. Complainants are advised that, in some circumstances, failure to waive the privilege
may result in the closure of the investigation or dismissal of the proceeding or hearing. FAA follows
the procedures of 14 CFR part 16 with respect to confidentiality of information in complaints:
(c) Cooperatioi:. All participants in the Department's DBE program (including, but not limited to,
recipients, DBE firms and applicants for DBE certification, complainants and appellants, and
contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with
FTA/DOT and recipient corripliance reviews, certification reviews; investigations, and other requests
for information. Failure to do so shall be a ground for appropriate action against the party involved
(e.g., with respect to recipients, a finding ofnoncompliance; with respect to DBE firms, denial of
certification or removal of eligibility and/or suspension and debarment; with respect to a complainant
or appeflant, dismissal of the complaint or appeal; with tespect to a contractor which uses DBE firms
to meet goals, tindings of non-responsibility for future contracts and/or suspension and debarment).
(d) Intimidation uiid retaliation. If you are a recCpient, contractor, or any other participant in the
program, you must not intimidate, threateri; coerce, or discriminate against any individital or firm for
the purpose of interfering with any right, or privilege secured by this part or because the individual or
firm has made a.complaint, testified, assisted, or participated i'ri any manner in an investigation,
proceeding, or hearing under this part. If you violate this prohibition, you are in noncompliance with
this part. . . APPENDIX A TO-PART 26 -.-GUIDANCE CONCERNING
GOOD FAITH EF'FORTS
1. When, as a recipient, you establish a contract goal on a FTA/DOT-assisted contract, a bidder
must, in order to be responsible and%or responsive, riiake good faith efforts fo meet tfie goal. The
bidder can meet this requirement in either of two ways. First, the bidder can meet the goal,
documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if
it doesn't meet the goal, the bidder can document adequate good faitli efforts. This means that the
bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other
requirement of this part which; by their scope, intensity, and appropriateness to the objective; could
reasonably be expected to obtain sufficient DBE participatioi?, even if they were not fully successful.
II. [n any situation in which you have established a contract goal, part 26 requires you to use the
good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable
judgment whether a bidder that did.not meet the goal made adequate good faith efforts. It is important
for you to consider the qua(ity, quantity; and intensity of the different kindsof efforts that the bidder
has made. The efforts employed by the bidder sfiould be those that one could reasonably expect a
bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient
to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE
contract requirements. We emphasize, however, that your determination concerning the sufficiency of
the firm's good faith efforts is a judgment call: meetino quantitative formulas is not required. III. The Department also strongly cautions you against requiring that "a bidder meet a contract goal ,
(i,e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though
the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from
ignoring bona'fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the bidder's good ,
faith efforts to obtain DBE participation. If is not intended to be.a mandatory checklist, nor is it
intended to be exclusive or exhaustive. Other factors or types of'efforts may be relevant in appropriate
cases.
A. Soliciting throuah all reasonable and available means (e.g. attendance at pre-bid meetings,
advertising and/or written notices) the interest of all certified DBEs who have the capability to perform
the work of the contract. -The bidder must solicit this interest within sufficient time to allow the DBEs
Town of Vailldba Vail Transit Page 56 of 61
49 CFR Part 26 August 2008
to respond to.tfie solicitation. The bidder must determine with certainty iEthe DBEs are interested by
taking appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items
into economically feasible units to facilitate DBE participation, even when the.prime contractor might
otherwise prefer to perform these work items with its own forces.
C. Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist ttiem in responding to a solicitation.
D.(1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a. •
portion of t,he work adailable to DBE subcontractors and suppliers and to select those portions of the
work or. material needs consistent with the available DBE subcontractors and suppliers, so as to .
facilifate DBE.participation. Evidence of such negotiation includes the names, addresses, and ~ telephone numbers of DBEs that were considered; a description of the inforniation provided regarding
the plans and specifications for.the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work.
(2) ?i bidder using good businessjudgment would consider a number of factors in negotiating with
subcontractors, including DBE subcontractors, and would take a firrrm's price and capabilities as well as
contract goals into consideration. However, the fact that there may, be some additional costs involved
in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract
DBE goal, as long as:such costs are reasonable. Also, the ability or.desire of a,prime contractor to
perform the work of a contract with its own organization does not relieve the bidder of the
• responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher
quotes from DBEs if the price difference is excessive or unreasonable.
• E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough
, investigation of their capabilities. The contractor's standing within its industry, membership in .
specific groups, organizations, or associations and political or social affiliations (for example union vs.
non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the
contractor's efforts to meet.the project goal. „
F. Ivlaking efforts,to assist.interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary, eyuipment, supplies, materials, •
or related assistance or services. •
H. Effectively using,the services of available minority/women community organizations;
ri?inority/women contractors' groups; locaL state, and Federal minoriry/women business assistance"
ofices; and other organizations as allowed on a case-by-case basis to provide assistance in the
: recruitment and placement of DBEs.
V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful
bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of - , . whether, with additional reasonable efforts, the apparent successful bidder could-have met the goal: If
the apparent successful bidder fails to meet the goal, but meets or.exceeds the average DBE
participation obtained by other.bidders, you may view this, in conjunction with other factors, as
evidence of the apparent successful bidder having made good faith efforts.
APPENDIX B TO PART 26 FORMS
[Reserved]
APPENDIX C TO,PART 26 - DSE BUSINESS DEVELOPIVIENT
PROGRAM GUIDELINES ~
The purpose of this program element is to further the develop"ment:of DBEs; including but not limited
to assisting them to move into non-traditional areas of work and/or compete in'the marketplace outside
the DBE program, via the provision of training and.atisistance from the recipient.
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. 49 CFR Part 26 August'2008
(A) Each firm that participates in a recipient's business development program (BDP) program is
, subject to a program term determined by the recipient. The term should consist of two stages; a
developmenfal stage and a transitional stage.
(B) In order for a frm to remain eligible for program participation, it must contintie to meet all
eligibility criteria contained'in part 26: '
(C) By no later than 6 months of program entry, the participant should develop and submit to the
recipient a comprehensive business plan_ setting forth th'e participant's business targets, objectives and
goals. The participant will not be eligible forprob am benefits until such business plan is submitted
and approved by the recipient. The approved business plan will constitute the participant's short and
long term goals and the strategy for developmental growth to the point of economic viability in non-
traditional areas of work and/or work outside the DBE prog'ram. ,
(D) The business plan should contain at lea'st the followirig: • .
(1) _ An analysis of market potential, competitive environment and otlier business analyses
estimating the program participant's prospects for profitabl'e operation during the term of program
participation and after graduation from the program. . '
(2) An analysis of the firin's strengths and weaknesses, with particular attention paid to the means
of correcting any financial, managerial, technical, or labo"r conditions which could irripede the
participant from receiving coritracts other than those in traditional areas of DBE participation.
(3) Specific targets; objectives, and goals for the business develo}iment of the participant during the
next two years, utilizing the results of the analysis conducted pursuant to paragraphs (C) and (D)(1) of
this appendix;
(4) Estimates of contract awards froin the DBE program and from other sources which are needed
to meet the objectives and goals for the years covered by the business plan; and
(5) Such other information as the recipient may require.
(E) Each participant should annually review its currently approved business plan with"the recipient
and modify the plan as may be appropriate to account for any changes in the firm's structure and
redefined needs. The currently approved plan should be considered the applicable plan for all program
purposes until the recipient approyes in writing a modified plan. The recipient should establish an
anniversary date for review of the participant's liusiness plan and contract forecasts.
(F) Each participant should'annually forecast in writing its need for contract awards for the next
p'rogram year and the succeeding program year during the review of its business plan conducted under
paragraph (E) of this appendix. Such forecast should be included in the participant's business plan.
The forecastshould include: -
(1) The aggregate dollar value of contracts to be sought under the DBE program, reflecting
compliance with the business plan; (2) The aggregate dollar value of contracts to be sought in areas other than traditional areas of DBE
participation; :
(3) The types of contract opportunities being sought, based on the firm's primary line of business;
and _
(4) Such other information as may be requested by the recipient to aid in providing effective
business development assistance to the participant.
(G) Program participation is divided into two stages: (1) a develom
pental stage and (2) a transitional
stage. The developmental stage is designed to assist participants to overcome tFieir social and
economic disadvantage by providing such assistance as may be necessary and appropriate to enable
. them to access releyant markets and strengthen their financial and managerial skilfs: The transitional
stage of program participation follows the developmental stage and is,designed to assist participants to
overcome, insofar as practical, their social and economic disadvantage and to prepare the participant
for leaving the:proo am. '
(H) The length of service in the program term,should not be a pre-set time frame for either the '
developmental or- transitional stages but should be figured on the number of years considered necessary
in normal progression of.achieving the firm's established goals and objectives. The setting of such time could be.factored on such items as, but not limited to, the number of contracts; aggregate amount .
of the contract received, years in business, growth potential, etc.
(I) Beginning in.the first year of the transitional stage of progam participation, each participant
should annually submit for inclusion in its business plan a transition management plan outlining ,
specific steps to promote profitable business operations in areas other than traditional areas of DBE ,
Town of Vail/dba Vail Transit Page 58 of 61
49 CFR Part 26 August 2008
participation after graduation from the program. The transition management plan should be submitted
to the recipient at the same time other modifications are submitted pursuant to the annual review under
paragraph (E) of this section. The plan should set forth the same information as required under
paragraph (F) of steps the participant will take to continue its business development after the expiration
of its prob am term.
(J) When a participant is recognized as successfully completing the program by substantiafly
achieving the targets, objectives and goals set forth in its program term, and has demonstrated the
ability to compete in the marketplace, its further participation within the program may be determined
by the recipient.
(K) In determining whether a concem has substantially achieved the goals and objectives of its
business plan, the following factors, among others, should be considered by the recipient:
(1) Profitability;
(2) Sales, including improved ratio of non-traditional contracts to traditional-type conuacts;
(3) Net worth, financial ratios, working capital, capitalization, access to credit and capital;
(4) Ability to obtain bonding;
(5) A positive comparison of the DBE's business and financial profile with profiles of non-DBE
businesses in the same area or similar business category; and
(6) Good management capacity and capability.
(L) Upon determination by the recipient that the participant should be graduated from the
developmental program, the recipient should notify the participant in writing of its intent to graduate
the firm in a letter of notification. The letter of notification should set forth findings, based on the
facts, for every material issue relating to the basis of the program graduation with specific reasons for
each finding. The letter of notification should also provide the participant 45 days from the date of
service of the letter to submit in writing information that would explain why the proposed basis of
graduation is not warranted.
(M) Participation of a DBE firm in the program may be discontinued by the recipient prior to
expiration of the firm's program term for good cause due to the failure of the firm to engage in
business practices that will promote its competitiveness within a reasonable period of time as
evidenced by, among other indicators, a pattern of inadequate perfotmance or unjustified delinquent
performance. Also, the recipient can discontinue the participation of a firm that does not actively
pursue and bid on contracts, and a firm that, without justification, regularly fails to respond to
solicitations in the type of work it is qualified for and in the geographical areas where it has indicated
availability under its approved business plan. The recipient should take such action if over a 2- year
period a DBE firm exhibits such a pattern.
APPENDIX D TO PART 26 - MENTOR-PROTEGE
PROGRAM GUIDELINES
(A) The purpose of this program element is to further the development of DBEs, including but not
limited to as,isting them to move into non-traditional areas of work and/or compete in the marketplace
outside the DBE program, via the provision of trainina and assistance from other firms. To operate a
mentor-protege program, a recipient must obtain the approval of the concemed operating
administration.
(B)(1) Any mentor-protege relationship shall be based on a written development plan, approved by the
recipient, which clearly sets forth the objectives of the parties and their respective rofes, the duration of
the arrangement and the services and resources to be provided by the mentor to the protege. The
formal mentor-protege agreement may set a fee schedule to cover the direct and indirect cost for such
services rendered by the mentor for specific training and assistance to the protege through the life of
the agreement. Services provided by the mentor may be reimbursable under the FT'A, FHWA, and
FAA programs.
(2) To be eligible for reimbursement, the mentor's services provided and associated costs must be
directfy attributable and properly allowable to specific individual contracts. The recipient may
establish a line item for the mentor to quote the portion of the fee schedule expected to be provided
during the life of the contract. The amount claimed shall be verified by the recipient and paid on an
incremental basis representing the time the protege is working on the contract. The total individual
Town of Vail/dba Vail Transit Page 59 of 61
49 CFR Part 26 August 2008
contract figures accumulated over the life of the agreement shall not exceed the amount stipulated in
the original mentor/protege agreement. '(C) 'DBEs involved in a mentor-,protege agreement must be independent business entities which
meet the requirements for certification as defined in subpart D of this part. A protege firm must be
certified before it begins participation in a mentor=protege arrangement. If the recipient chooses to
recognize mentor/protege agreemenfs, it should establish foimal general program guidelines. These
guidelines must be submitted to the operating administration for approval prior to the recipient
executing an individual contractod subcontractor mentor-protege agreement.
APPENIDIX E.TO PART 26 INDIYIDUAL DETERMINATIONS OF
SOCIAL AND EGONOIVIIC DISADVANTAGE
The following guidance is adapted, with minor modifcations, from SBA regulations concerning social
anii economic disadvantage determinations (see 13 CFR 124.103(c) and 124.104).
Social Disadvantage
1. Socially disadvantaged individuals are those who have been subjected to racial or ethnic
prejudice or:cultural bias witfiin Arrierican society because of their identitiesas members of groups and
_ without regard to their individual qualities. Social disadvantage rimust sfem from circumstances beyond
their controL Evidence of individual social disadvanfage must include the following elements:
(A) At least one objective distinguishing feature that has contributed to social•disadvantage, such as
race, ethnic origin; gender, disability, long-term residence in an environment isolated from the
" mainstream of American society, or other similar causes not common to individuals who are not
socially disadvantaged;
(S) Personal experiences of substantial and chronic social disadvantage in American society, not in
other countries; and
(C) Negative impact on entry into or advancement in the business world because of the
disadvantage. Recipients will consider any relevant evidence in assessing this element. In every case,
however, recipients will consider education, employment and business history, where applicable, to see
if the totality of circumstances shows disadvantage in entering into or advancing in the business world.
(1) - Edircation. Recipients will consider such factors as denial of equal access to institutions of
higher education and'vocational training, exclusion from social and professional association with
students or teachers, denial of edu,cational honors rightfully earned, and social patterns or pressures
which discouraged the individual from pursuing a professional or business education.
(2) Employ-ment. Recipients will consider such factors as unequal treatmenf in hiring, promotions
and other aspects of professional advancemerit, pay and.fringe benefits, and other terms and conditions
of employment; retaliatory or discriminatory behavior by an employer or labor union; and social
patterns or pressures which have channeled the individual into non-professional or non-business f elds.
(3) Baisiness history. The recipient will consider such factors as unequal access to credit or capital,
acquisition of credit or capital under commercially unfavorable circumstances, unequal treatment in
• opportunities for govemment contracts or other work, unequal treatment by potential customers and .
business associates; and exclusion from business or professional organizations.
II. With respect toparagraph L(A) of this appendix, the Department notes that people with
disabilities have disproportionately low incomes and high rates of unemployment. Many physical and
attitudinal barriers remain to their full participation in education, erriployment, and business
opportunities avai,lable to the genera( public. The Americans with Disabilities Act (ADA) was passed
, in recognition of the discrimination faced by people with disabilities. It is plausible that many
. individuals with disabilities - especially persons with severe disabilities (e.g., signifcant mobi,lity,
vision, or hearing impairments) - may be socially and economically disadvantaged.
III. Under the laws concerning social and economic disadvantage, people with disabilities are not a
group presumed to be disadvantaged. Nevertheless, recipients should look carefully at individual
showings of disadvantage by individuals with disabilities, making a case-by-case judgment about
whether such an individual meets the criteria of this appendix. As public entities subject.to Title II of
the ADA, recipients must also ensure their DBE programs are accessible to individuals with
Town of Vail/dba Vail Transit I?age 60 of 61
49 CFR Part 26 August 2008
disabilities. For example, physical barriers or the lack of application and information materials in
accessible formats cannot be permitted to thwart the access of potential applicants to the certification
process or other services made available to DBEs and applicants.
Economic Disadvantage
(A) Getteral. Economically disadvantaged individuals are socially
disadvantaged.individuals whose ability to compete in the free enterprise system has been impaired
due to diminished capital and credit opportunities as compared to others in the same or similar line of
business who are not socially disadvantaged.
(B) Submission of narrative und frnuncia! rnforntation.
(1) Each individual claiming economic disadvantage must describe the conditions which are the
basis for the claim in a narrative statement, and must submit personal financial information.
(2) When married, an individual claiming economic disadvantage also must submit separate
financial information for his or her spouse, unless the individual and the spouse are legally separated.
(C) Fuctors to be considered. In considering diminished capital and credit opportunities, recipients
will examine factors relating to the personal financial condition of any individual claiming
disadvantaged status, including personal income for the past two years (including bonuses and the
value of company stock given in lieu of cash), personal net worth, and the fair market value of all
assets, whether encumbered or not. Recipients will also consider the financial condition of the
applicant compared to the financial profiles of small businesses in the same primary industry
classification, or, if not available, in similar lines of business, which are not owned and controlled by
socially and economically disadvantaged individuals in evaluating the individual's access to credit and
capital. The financial profiles that recipients will compare include total assets, net sales, pre-tax profit,
sales/working capital ratio, and net worth.
(D) Tratrsfers witl7in hvo Vears.
(I) Except as set forth in paragraph (13)(2) of this appendix, recipients will attribute to an individual
claiming disadvantaged status any assets which that individual has transferred to an immediate family
member, or to a trust, a beneficiary of which is an immediate family member, for less than fair market
value, within two years prior to a concern's application for participation in the DBE program, unless
the individual claiming disadvantaged status can demonstrate that the transfer is to or on behalf of an
immediate family member for that individual's education, medical expenses, or some other form of
essential support.
(2) Recipients will not attribute to an individual claiming disadvantaged status any assets
transfened by that individual to an immediate family member that are consistent with the customary
recoanition of special occasions, such as birthdays, graduations, anniversaries, and retirements.
(3) In determining an individual's access to capital and credit, recipients may consider any assets
that the individual transferred within such two-year period described by paragraph (13)(1) of this
appendix that are not considered in evaluating the individual's assets and net worth (e.g., transfers to
charities).
NOTES
1 While it is not statistically necessary to account for 100% of program dollars when performing
this type of weighting, the greater the percentage accounted for, the more accurate the resulting
calculation will be.
2 T'o prevent any confusion, it is important to note that the DBE program does not use the so-
called "benchmarking" system empfoyed in direct Federal procurement. The benchmarking system
relies on a unique database created specifically for use in the federal procurement program.
3 It is important to note that adjusting the goal is only part of the response a recipient should make
to evidence of discriminatory barriers for DBEs. All recipients have a primary responsibility to ensure
non-discrimination in their programs and should act aggressively to remove any discriminatory barriers
in their programs.
Town of Vail/dba Vail Transit Page 61 of 61
FOR IMMEDIATE RELEASE
August 5, 2008
*V0F
Gontact: Suzanne Silverthom, 479-2115 ~i Community Information Office ~l?!1 Linda Hill, 926-6700, ext. 253
Hill & Company
VAIL'S BEAR~AWARENESS CAMPAIGN RECOGNIZED FOR CREATIVITY
(Vail)-Vail's bear awareness campaign has received a top award for creativity in an international marketing
competition. The campaign was launched during the spring of 2007 and includes a caricature of a bear with the .
words, "Get a Nicer Ca"n.n Designed by Hill & Company Integrated Marketing &Advertising of Edwards, the
work is the recipient of a Summit Creative Award in the public senrice announcement logo category. The award
will be presented to the town by agency representatives Linda Hill and Tim Campbell during the Vail Town
Council's Aug. 5 meeting. • The campaign was created following town approval of a wildlife protection ordinance which reguires bear:
resistant and/or bear-proof containers for residential and commercial use. Since the campaign was launched,
the town has seen compliance climb to as high as 90 percent in the neighborhoods. The regulations are
considered to be a model program by state wildlife officials.
"The campaign showed that a sense of humor and a little fun goes a long way toward achieving cornpliancQ.
Even better, the town had no reports of household break-ins by bears, and no euthanizations of bears, while
the campaign was underway," says Suzanne Silverthom, the town's community information officer. "This
, success occurred despite a record number of human-bear'encounters in othec parts of the state rivhich, sadly,
' resulted in the Colorado Division of Wildlife euthanizing 59 problem bears last season."
Based on response to the campaign, the tou~m has teamed with Hill & Company to offer the campaign`s
creative ads to other communities for a nominal charge (www.hilincomqanv.com/nicecan). "As tourism
marketers; what better way is there to protect the wonderful places we market than by giving back to
communities that.can leam from Vail's success?" says Linda Hill, president of Hill & Co.
The Summit Creative Awards recognize and celebrate the creative accomplishments~of small and medium-
sized advertising agencies and other creative groups with annual billings of $30 million or less. Over the past .
14 years,,the campetition has established ifself as the premier arbiter of creative excellence for frms of this
size.
This year, an intemational panel judged entries in 21 creative categories against a stringent set of standards. During the blind.judging.events; the panel searched for innovatiVe and creative concepts, strong executions
and the ability to communicate and persuade, according to Jocelyn Luciano, executive director for the Summit
Intemationa{ Awards. "Winning a Summit Creative Awards is a significant accomplishment;" says Luciano. The
combination of excellent reviewers and tough judging criteria ensures that only desenring entries earn
recognfion." # # #
75 South Frontage Road • Vai4 Colorado 81657 •570-479 21 00 / FfIX 970-479 2157 • www. vailgov. com
~ RBCYGZ&D PAP6R
,
MEMORANDUM
TO: Town Council
FROM: Community Development Department and Chamonix Advisory Committee
DATE: August 5, 2008
SUB:IECT: Chamonix Site Master Plan - Information Update and Final Recommendation
Staff: Chamonix Site Master Plan Advisory Committee
1. PURPOSE '
The piarpose of this information update is to:
, 1. Update 'the Council on progress made to further develop three (3) site plan options
based on direction given by the Vail Town Council on May 20, 2008;.
2. Report on Leadership in Energy and Environmental Design (LEED) certification
process and benefits; and -
3. Report on "off-site, factory built" (modular) construction.
As well', Staff will present final recommendations from the Chamonix Site Master Plan
Advisory Committee with regard to a preferred option that best meets the planning goals
and design parameters approved by the Town Council for the Ghamonix Site project:
- Staff will request direction from the Town Council regarding: A. A preferred site plan (master plan) option;
B. Pursuit of LEED certification; and
C.. Use of "Off-site, Factory Built° (modular) construction.
11. BACKGROUND
On March 4; 2008, the Vail Town Council re-affrmed, with modifications, the Chamonix
- Site Master Planning goals and design parameters (Attachment A) originally adopted on
January 22, 2008. Also at the March 4, 2008, meeting, the Council authorized Staff and
the consultant team to proceed with conceptual design work for the Chamonix Site.
On April 11, 2008, the Chamonix Site Master Plan Advisory Gommittee reviewed three
(3) conceptual "options" for development of the site. At that time, the Committee favored
the medium and high density options, similar to those options now referred to as the
"Neighborhood Block° option which contains a mix of condominium, town home and
duplex dwelling units, and the "Vllage Neighbofiood" option which contains a mix of
condominium flats, town home and duplex units. Also at- tFiat meeting, -the Committee
- expressed concem that the highest density option, which proposed an underground
parlcing garage, may be "too urban and dense" and thaf construction of the parking
garage would be cost prohibitive for an employee housing. development. It was also
noted that a parking garage design would reduce the amount of "impervious° site
1
I
coverage and therefore would add to the sustainability of the project while reducing the
cost of ongoing paving, street maintenance and plowing over time.
On May 7, 2008, Staff hosted an Advisory Committee meeting; followed by an evening
neighborhood meeting, to review the most recent site plan concepts. The intent of these-
meetings was to gain feedback from stakeholder groups regarding , the revised
preliminary site plan "options" prior to _commencing with any. further design work.
Following these meetings, the Advisory Committee asked for clarification from Council
on the issues of desired . housing . mix and "target- market" for this project. At the .
neighborhood meeting, residents of the Chamonix neighborhood expressed general
support for the project as well as coneems, regarding the potential massing of a higher
density component as shown in the Village Neighborhood option, traffic and noise from
the fire station operations. On May 20, 2008, Staff presented an update to the Town Council on progress made in
developing and reviewing three (3) site plan options based: on comments from,the
Chamonix Site Master Plan Advisory - Committee. and Chamonix neighborhood
representatives. Staff reported on the Advisory Committee and neighborhood meetings ,
held on May 7, 2008; and received clarification from the Town Council on the unit mix
and the °target martcet° for.the anticipated 'for-sale' fiousing to be built on the site. At that
meeting, the Town Council directed Staff and the design team to pursue only the
medium and higher density site plan options (ranging frorn 15-22 dwelling units per
acre), and to exclude the lowest density option at approximately 12 dwelling units per
acre. -
On July 17; 2008, the, Chamonix Site,Master Plan Advisory Committee held a meeting to
review "final° revisions to three (3) sife plan options (Attachment D)- each with a
standardized location and layout for the proposed fire station and a minimum of 14
dwelling units per acre - and to forward a recommendation for. a preferred option that
best meets #he planning goals and design. parameters approved by the Town Council.
As well, the Committee reviewed three dimensional massing models for each option, as
well as infoRnation regarding preliminarycost estimates and preliminary grading and
engineering plans for each option. Also, the Committee voted to forvvard a
recommendation fo the Town Council to pursue certification of*the project, using a rating
system such as Leadership in Energy and Environmental Design (LEED) and to '
investigate the use of "Off-site Factory Built° (modular) construction.for the project as a
cast efFective means of.providing the greatest quantify of employee housing on the site.
III. DISCUSSION ITEMS
A. Site Plan Options - Final Review by, Advisory Committee
As described above,in Section 11 of this memorandum, the Chamonix Site Master
Plan Advisory Committee held a, meeting on July 17, 2008; to review "final" revisions to three (3) site plan options. (Attachment D) with the, express purpose
to forward a recommendation for a prefeRed option to the Vail Town Council for
. their consideration on August 5, 2008. In their review and. deliberations, the Commitfee weighed each _ option - against the planning goals and . design
. parameters approved by the Town Council for this project (Attachment A). As
- well, discussion centered on balancing density and neighborhood character, project costs, value over time, sustainability and the potential impacts to the
surrounding neighborhood and existing infrastructure.
2
Since Staff's last update to the Town Council conceming the project on May 20,
2008, the plans have been revised to reflect the following.changes:
• Access to the project site along. Chamonix Road has been relocated to
the north in response to preliminary grading and engineering information
. and to allow for improved lines of site at this new intersection; o A fire station location and layout has been standardized based on input
from the Fire Department Chief, the Advisory Committee, the Town ,
Council and the public - this agreed upon location meets many of the
criteria and concerns discussed during the, planning process (i:e. .
orienting station bays away from the suROUnding neighborhood. and
screening or shielding backing motions and potential noise impacts with
the fire station building, etc.) and has allowed the design team to more '
accurately compare the design, construction and cost implications of
three different site plan options for employee housing ~on the site.
• Density was increased in one option (°Neighborhood Cluster") to a.
minimum of 14 dwelling units per acre,,up from 12.dwelling units per
_ acre; '
• Option No. 1"Alley and Streetp has been renamed to "Neighborhood
Block"; and, • Density was decreased in another option ("Village Neighborhood°), from
22 dwelling,units per acre to 19 dwelling units per acre; a total reduction
of eight (8) units.
In discussing the options presented the Committee considered the following:
Option 1: Neiqhborhood Block fformerlv °Street andAllev
This option features a linear.alignment of fourfeen (14) three bedroom duplex `
units located on the northwestem portion of the site, combined with seven (7)
multifamily buildings containing a mix of finro and three bedroom condominium
and town home-type units, for a.total of.58_dwelling units. This option presents .
the highest quantity (14) of duplex unit types of all three.options, with no one
bedroom units. proposed.. The duplex units are. accessed by a common access road traversing the site from east to west; while the multi farnily buildings are
oriented along what might be considered a"traditional" street and alley
confguration - to create linear alignment of buildings and a more formal
°streetscapeA. Total site coverage, or those areas of.impervious (paved) surface
and building footprint, equals approximately 42% of the total site area.
Overall density for this option is 16 dwelling units per acre.. Building heights are
generally 3 stories along Chamonix Lane, with 4 story buildings located on the
southeastern portion of the site. A minimum of one (1) enclosed vehicle parking
, space is provided for each dwelling unit, with two enclosed spaces provided for
each duplex unit.
3
~
Site layout and preliminary grading plans create areas of `terraced' outdoor living
space between duplex units along Chamonix Lane, while limited areas of
- common and private open or green space are created befinreen and around the
multi=family b"uildings. A side walk is shown around the site, and a dog park has
been maintained on the northeastem comer of:the site.
This option "received four (4) out of ten votes from the Committee.
In voting for this option;.Committee members stressed:
• The appropriateness of the scale of buildings and type of units as most
closely matching or .preserving the character of the adjacent residential
neighborhood;
• The focus of the plan on attracting those buyers seeking a more
traditional, lower deris"ity residential neighborhood with outdooNopen
_ space amenities found in surrounding neighborhoods;
• The ability to drive through the site;
The need to 'revise the design to move certain units, guest parking areas
and create more usable open space on the northeast comer of the site;
and,
• The cost as compared to other options ismore proportional for the
density achieved:
Oation 2:.Neighborhood Cluster This option-features pods or °clusters° of eighf (8) three bedroom duplex units
' located on the northwestem portion of the site; combined with seven (7) multi-
family buildings containing a rinix of one, two and three bedroom condominium
and town home-type units, for a total of 50 dwelling units. The duplex units are
accessed by two common driveways, while the multi-family buildings are oriented
alorig a common access road traversing the site from east to west.
Overall densityfor this option is 14 dwelling units per acre., Building heights are
generally 3 stories and the design preseives,views through the site as a result of
cluster and driveway, locations. A minimum of one (1) enclosed'vehicle parking
space is provided for each dwelling unit, writh fwo enclosed spaces provided for
each duplex unit. Total site coverage, or tho5e areas of impervious (paved)
- surface and building footprint, equals approximately 42% of the total site area.
Site layouf and preliminary grading plans allow for generous private and common
open or green spaces between buildings, a dog park and a side walk system
around and through the site: This option received no votes from the Committee:
Option 3: Villa4e Neighborhood
This option features a unique blend of high density urban design with medium
and low density unit types. Specifically, a parking garage serves as a°plinth" or
platform for high density multi-family development above, while the remainder of
the site also accommodates low to medium density options including ten (10)
three bedroom duplex units generally located on the northeastern portion of the 4
- site, and three (3) multi-family buildings located along the southeastern edge of
the site, and containing a mix of two and three bedcoom condominium and town
home-type units, for a total of 70 dwelling units. This option features the highest
amount of one bedroom units (9) and the second highest quantity of two .
bedroom units (32).
Overall density for this option is 19 dwelling units pec acre. Previous designs
showed a slightly higher density of 22 dwelling units per acre; units were
removed due to parking capacity. Building heights within the high density portion
of the site (over the parking garage) range from 3-5 stories, while building heights
for duplex and multi-family structures located on the northeastem portion of the
site will generally not exceed 3 stories. This option features the lowest overall site
coverage at approximately 39% of the total site area. A"green° or landscaped
plaza or courtyard over large portions of the parking garage also serve to lower
this percentage and aid in achieving a certain level of sustainability on the site. A
minimum of one (1) enclosed vehicle parking.space is provided for each dwelling
, unit, with finro enclosed spaces provided for each duplex unit.
Site layout and preliminary grading plans create areas of `terraced' outdoor living
space between duplex units along Chamonix Lane, while limited areas of ~ .
common and private open or green space are created between and around the
, multi-family buildings along Chamonix Road. A landscaped plaza or courtyard
area is combined with a limited access vehicle tumaround in the centec of the
high density multi-family complex on the southwestem portion of the site. A side
walk is shown around the site, and a dog park has been maintained on the northeastem corner of the site.
This opfion received six (6) out of ten votes from the Committee. In voting for this option, Committee members stressed:
. • The importance of providing more parking, not less, on :the site; ,
• The importance of providing additional density, to optimize.the use of the
site for the greatest amount of employee housing units; . "
• The focus of the plan to provide the greatest variety in unit types for
buyers seek varied unit types and sizes, therefore positiooning the project
to attract a majority of the stated target market (60%-120% + AMI);
m The need to revise the design to ensure ptoper and adequate emergency
vehicle tum-around within the courtyard and to limit vehicular access to the courtyard;
v There is no ability to drive through the site, combined with a large number
of residents entering and exiting the parking garage .through the fire
station location; -
• The cost of.operating (heating and otherwise maintaining) the parking
garage may be less costly to operate over time than maintaining and
replacing typical surface paving, curb and gutter apparent in other
options; and,
• The cost (premium) for constructing a parking garage will be offset
increased density on the site, by reductions in site coverage and by a
coResponding increase in overall sustainability of the design.
5
S
In addition, _ the Advisory Committee reviewed preliminary grading and
engineering ' plans, three dimensional massing models and preliminary cost
estimates (Attachment E). In' reviewing the preliminary cost estimates, a request was made to separate out
the costs, for the fire station construction .from • the costs associated with
construction of employee housing on the sife: Please note that..the cost
estimates are "split ouf" between a traditional °stick-built° construction method
and an "off site, factory built" (modular) method. B. Leadership in Energy and Environmental. Design (LEED)
At the July 17, 2008, Chamonix Site Master Plan Adviso ry Committee meeting,
Staff presenfecl certain . information relative to sustainable design and
construction mettiods and techniques as well as a brief: introduction to the
Leadership in Energy and Environmental Design (LEED) certification. program
deVeloped by..the'U.S. Green Building Council (USGBC). Staff, alsa: provided
information regarding Green Gfobes, a similac certification p"rogram available
through the Green Building Initiative (GBI). Green Globes was not endorsed as a
potential certification program.
Sustainable design and construction can be characterized in the following ways:
s Whole systems approach to design, construction and operation of,,
buildings; . . - ,
• Efficient resource use; - -
o Integrated Design Process (IDP) involving multiple design and
" construction disciplines simultaneously; • Team Approach; and, ,
• "Green Building"
More specifically, green building .focuses on the following areas of sustainable
design: , . . - =
. Site Planning • Wafer (resouirces) Management
o Energy Management ' e Materials Use
• Indoor Environmental Quality
LEED uses 'a 69 point scale to evaluate. and rate certain aspects of the project
based :on the above areas of sustainable, design. Four levels of certification are
possible:'.Certified, Silver, Gold and Platinum ~
,
6
In considering the Town's commitment to designing and constructing a
sustainable fire station and/or employee housing project, . Goal No. 4, as
approved by the Town Council, states:
"Energy-efficient and sustainable design and construction
techniques are important. Certification by a particular program
(LEED, Green G/obes) is to be. investigated, although not
mandatory. "
Given this goal,, and a general commitment to design : and construct a
. "sustainable" project, Staff provided information to the Adviso .ry Committee
regarding the LEED rating system. The Committee discussed, the merits of
seeking certifcation, as opposed to designing and constructing a°sustainable"
" project without pursuing certification. The design team indicated that. on a
project completed regionally (Aspen), the .total premium or cost increase for
registering, documenting and certifying the project (a new school) was
approximately 0.5% of the overall project cost. The Aclvisory Committee
discussed the potential benefits of certifying the Chamonix_ project, including
improved marketing position, a documented and nationally recognizeci
commitment to sustainability and a distinction ,within Eagle County as the first
LEED certified employee housing development to be constructed.
Preliminary cost estimates provided include sustainable construction practices
and site engineering considerations, such as constructing on-site storm wafer
detention ponds - a cost increase, but a requirement of LEED certification and a
potential benefit for the surrounding neighbofiood.
C. Off-Site Factory Built (Modular) Construction . `f At the July 17, 2008, Chamonix Site Master Plan Advisory C,ommittee meeting,
the design team presented certain information :relative to o_ff-site factory built, or
- "modular" construction: Pat Fenton, Fenton Constcuction, informed the Advisory
Committee that, his company has been working on certain projects regionally,
' using.modular units. His report to the Committee indicated that using such units:
. ~ Results in a typically higher standard of construction- quality compared to
more traditional on-site, .stick built strucfures, due in part to the fact that
, units are assembled in a.controlled environment (factory), are built to
meet Intemational Building Code (IBC) standaeds, and are built to
withstand high wind loads during transportation from factory to the site;
• Create less impacts to the environment, through the use of
environmentally friendly materials, a reduction in construction waste and
through the incorporation of energy saying components;
• Allows for units to be manufactured off-site to achieve a certain LEED
certification level; . - ,
• Results in construction cost and/or time savings due to the fact that units
are delivered to the site upon completion of sife work (grading,
infrastructure and foundation), therefore reducing the on-site labor costs; ,
• Typically results in the ability of developers to retire or pay-off
construction loans in a shorter time period; and,
7
o Does not preclude the developer from using "high-end" finishes within the
units, depending on the intended market and price points.
After discussiori, the Advisory Committee voted (unanimously) to recommend
use of off-site, factory built (modular) construction as part of the Chamonix Site
development.
D. Planning Goals and Site Characteristics
The planning goals and design parameters appro'ved by the Council for the
, Chamonix Site Master Plan ptoject aim, to provide the greatest amount of
employee housing on this Town owned site. The goals and parameters were
established and amended''after meetings with the Town Council, the Chamonix
Site Master Plan Advisory Committee, and after, conducting scoping •meetings
with focus groups and the public. Goal No. 5 states:
"Housing developed on the site should- be primarily deed
restricted, `for-sale' employee housing; sliould include a miz of
one, 'two, and three 'bedroom units and shou/d include limited
rental opportunities forTown of Vail employees." _
As well, Goal No. 6 states:
"The site should be optimized to provide the greatest amount of
employee housing." The site, containing approximately 2.43 buildable acres -1.25 acres of which are
identifed as the preferred location for the development of a fire station, fire
department housing and associated parking - is well suited for medium to high
density development. Although there are opportunities to develop limited
amounts of lower density (dupleX) units on the northem portion of the site to
blend the development with the su'rrounding neighborhood and to provide a mix
of housing types to all,income ranges, Staff believes the majority of the site lends
itself to higher densities, and that the site should serve- as a transition befinreen
~ the..existing neighborhood and more intensely developed commercial areas to
the south and east. Staff notes that a secondary design parameter has been
established - to use higher density development on the south eastem portion of
the site as a visual and auditory barrier from I-70: From a design standpoint; this.
has been accomplished to. varied degrees in each site plan option.
On May 20, 2008; the Town Council provided cleat direction to Staff and the
design team to continue to pursue the medium and high density options, with a
majority of the liousing mix being 2 and 3 bedroom dwelling units. Although no
options were eliminated from consideration from a design standpoint, the "Street and Alley° design (15 dwelling units per acre) and the "Village Neighborhood" (22
dwelling units per acre), were endorsed by the Town Council as the two highest
density options.
On July 17, 2008, .the Chamonix Site Master Plan Advisory Committee held a
meeting to review "final° revisions to three (3) site plan options - each with a
, minimum of 14 dwelling units per acre. Based on a consideration of the
8
Chamonix Site Master Plan goals and design parameters approved by the Town
Council, the Committee voted (6 to 4) to recommend'the "Village Neighborhood"
option as the one option that best meets the majority of stated goals -and
parameters. Specifically, the Village Neighborhood option is thoughf to:
o Optimize.the site to create the greatest amount of employee housing,
taking advantage of an appropriate portion of the site to mitigate building
height and massing and respecting and maintaining .views _ from
neighboring properties; ,
Include the greatest variety of unit types, including one, two and three
. bedroom units;
~ Present the greatest variety in potential price points to attract potential
buyers across a broader spectrum of the Area Median Income (AMI);
• Present a potential sustainability advantage by reducing overall site
coverage,, reducing surface runoff (from streefs and surFace parking lots)
and creating a ugreen" roof over the parking garage;
• Limit additional traffic onto Chamonix Lane;, - In making their recommendation, the Committee members who did not vote for
- this.o,ption cited concerns regarding the cost differential between this option and
the "Neighborhood Block° option (formally refeRed to as the Street and Alley
. option), stating that the parking garage proposed with the Villa.ge and '
Neighborhood option presented a substantial increase in construction cost in
return for limited benefits relative to the additional density (12 dwelling .units),
reciuced site coverage and enhanced sustainability (less ' overall site
coverage/more green space). Also, those same Committee members cited
concerns regarding the long term costs of operating and maintaining a parking
structure, ve'rsus the cost implications of maintaining streets, driveways and
alleyways.
IV. STAFF REC.OMMENDATION:
Staff recommends the Town Council provide Staff and the design team with direction
and feedback regarding a preferred site plan option for the Chamonix Site in relation to
the approved master planning goals and design parameters for the, project. Staff also
requests the Town Council provide direction and feedback regarding the pursuit of
" Leadership in Energy and Environmental Design (LEED) eertification and "Off-site,
Factory Built" (modular) construction for the project.
V. ATTACHMENTS:
A. Approved Chamonix Site Master Plan - Planning Goals and Design Parameters
B. Narrative of Site Plan Options by Stan Clauson Associates, Inc.
C. Preliminary LEED NC rating for Site Plan options by Studio B Architects
D. Reduced Site Plan Options 1-3 as presented to the Advisory Committee on July 17,
2008
E. Preliminary Cost Estimates for Options 1-3
F. Advisory Committee meeting notes from July 17, 2008
9 -
4ttachment A Approved Chamonix Site Master Plan
Planning Goals and Design Parameters
(Updafed:following Town Council Final review and approval on March 4, 2008)
1. The site is .to be used for development of a fire station and employee
housing.
2. Housing for fire department employees should be considered in the design of
the fire station.
3. An ambulance substation could be an ancillary use on this site.
4. Energy-efficient and sustainable design and construction techniques are
important. Certifcation by a particular program (LEED, Green Globes) is to
be, investigated, although not mandatory.
5. Housing developed on the site should be primarily deed restricted, `for-sale'
employee fiousing, should include a mix of one, two, and three bedroom units
and should include limited rental opportunities for Town of Vail employees. '
6. The site should be optimized to provide the greatest amount of employee
housing.
, 7. Re-zoning the property to the Housing (H) District is preferred to allow
flexibility in design and development.
8. Additional traffic onto Chamonix Lane should be limited.
, 9. One=sfory of development at grade with Chamonix Lane is acceptable.
10. All financing and phasing options will be considered.
11. New pedestrian circulation and access routes should be provided around the
. site, along Chamonix Road and/or Lane, to ensure connectivity of the
surrounding neighborhood to other areas within West Vail. Existing
. pedestrian paths through the site are to be eliminated.
Attachment B
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STAN.CLAllSON ASSOCIATES imc
landsrape architecture.planning.resort design • - .
"N: , •
4i2 NoRh Mill Street Aspen. Colorado 816ix t-9701925-2323 f.97oJ9zaiB28 '
infoOscaplanning.com wwwstaptanning.com
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' Vail Chcimonix Site Plcnnina Conceats
General Considerations
The proposed d,esign schemes for the Chamonix site is directed by the
stated goals and objectives developed early in the community
participation process. The design team of Stan Clauson Associates, Inc.,
Studio B Architects, and Drexet, Barrell & Co. has identified a variety of
opportunities and constraints from the unique physical characteristics of the
Chamonix site. The inclusion of a fire station and student.dormitory further
complicates the: layout and programmatic elements of the site design. The :
site, generally south facing and sloped, occupies a.highly visible location off
of the west Vail exit (Exit No. 173) from I-70.,. Highway commercial and strip
mall commercial development characterizes the uses off of the frontage
road and Chamonix Road, with residential neighborhoods characteriang
the use patterns off of Chamonix Lane.
The charge made by the Vail Town Council to "optim¢e the site'' required
that the planning concepts developed by the design team be evaluated in
,
the context of adjacent uses. The ultimate goal is to proyide a plan for the
Chamonix site that balances the concepts of density, neighborhood impact, and traffic and parking concerns with aesthetics, sustainability, and
E va.lue, in a way that wfll address the community need for additional
affordable housing in a contextually appropriate way.
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Vail Chamonix Site Planning Concepts
30 July 2008
Page 2
The design concepts developed by the consulting team are explored
through three schemes. The three schemes, titled
k;_1. Neighborhood Block
~ 2. Neighborhood Gluster, and
~ 3. ViIlage Neighborhood,
i contain a range of total unit counts from 50 to 70 units. Optim¢ing the
i density of the site does not mean that the maximum number of units
possible for the site should be sought. Rather, optimization seeks a balance
between number of units and resident population, with quality of the
~ experience of living in and around the development. With this in mind, the
€ Vail Town Council_ has urged the design team to seek a middle path on
I i density, considering internal Views and character of the surrounding
j neighborhoods.
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j The basic goal of the Ctiamonix site,was the creation of a development
(
that would particularfy serve family housing needs. The. target group
income was determined to fall withiri 60-120% of the Aver6ge Median
! Income (AMI) range for Eagle County,-with a possible inclusion of incomes
I up to 140%. In current cfollars, this equates to a family income range of
$47,000 to $94,000, with a possible excursion #o $1 10,000.
i
! To accommodate this family-oriented focus, the schemes concentrate on
~ the creation of fwo and three bedroom units. Units range in s¢e from 768
~ sq. ft for 1-bedroom units; 1,292 sq. ff. for 2-bedroom flats, 1,333 sq. ft. for 2
bedroom loffs, 1,460 sq. ff. for 3-bedroom units to 1,632 sq. ff. for 3 bedroom
I duplex units. Because family housing is the stated focus of the
i development, one bedroom units are incorporated sparingly and generally
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used as "infill." There was some discussion of providing 47bedroom units.
While these have not been included in tlie unit mix, some units do contain
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~ expansion potential, where a fourth bedroom could be finished later.
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30 July 2008
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Various construction methods and site design techniques have been
~ ' ~ discussed for the site which conforms to "green" practices. The residential
~ construction estimates include sustainable construction practices which
~ could be cerfified by a third-party certification program; such as LEED: Both
traditional on-site building methods are considered for the ultimate
i construction of the development as well as the use of offsite, factory built
~
i construction, which offers similar energy efficiencies as well as lower
construction costs. Site design standards which focus on solar orientation,
limits to site disturbance, brown-field development, open space
• preservation, access to transit, and on-site storm water mitigation have
~ been integrated into the three schemes. Particular attention has been
~ giyen. to storm water detention on site, which carries additional site
i development costs but is required for LEED certification and may be
!
; desirable for the town's storm water management program.
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' Certification.of the project using a third-party certification program such as .
LEED standards, has been considered and is includes in the cost estimates.
This certifieation could create potential advantages in the future marketing
of the development, in leveraging these requirements of other private
development, and in community pride.
Advisory Committee Recommendations: The Advisory Committee
i recommended that off-site factory-built construction components continue
~ to be explored as a way to lower construction costs without.compromising
quality. They recommended that the site incorporate on-site storm water
~ detention in order to minimize storm water system impacts ftom
j impermeable surfaces and provide a required certification element. The
! Committee recommended seeking third-party (LEED) certification for
+ project sustainability and green construction.
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Vail Charnonix Site Planning Concepts
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30 July 2008
Page 4
?..o :J.
g~ ~,}q,+':.~b,F^ ye4.
•v, y u. The Three Design Options
Option 1 - Neighborhood'Block
The Neighborhood Block scheme contains 58 units. This option contains the
following proposed unit mix:
~
e No 1-bedroom units; ' -
• twenty, 2-bedroom flats;
o sixteen, 2 bedroom loffs;
; • eight, 3-bedroom units; and
~ • fourteen, 3 bedroom duplexes.
~ This unit mix provides for 81,696 sq. ff. of housing with a density of 16 dwelling
i units per acre. A main access street, which gains access to the site from
Chamonix Road, bisects the site, with 3-bedroom iiuplexes on the north side
and multi-family units on the south side. An alley offers secondary access to
t
the multi-family units. The main street passes through the development to
F the fire station site. While access to the fire station will.be limited, this
configuration allows for dual points of access to the site, thus alleviating
- ~ internal tr6ffic congestion.
( -
The landscape plan locates potential community gathering spots
throughout the scheme. Semi-private, stepped courtyards are located
~ between the duplex units. Turf areas are limited to large open spaces on
~ the east and west ends of the development. The open space on the east
end could be utilized for such uses as a dog park. Landscaping on the easf
~ end is kept away from the street to preserve sightlines at the Chamonix
~ Road/Chamonix Lane intersection. The open space on the west end
provides a viewing area into the fire station operations. However, for safety
~ reasons, the viewing a'rea is segregated from the fire station by a series of
i low, landscaped walls.
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Vail Chamonix Site Planning Concepts
30 July 2008
~ Page 5
The landscape palette utilizes native trees and shrubs. Aspens are situated
along the northern edge of the site and gradually "spill" through the spaces
,..w.;~
created by the structures. In these stands of aspen, a native understory of .
grasses (Thurber's fescue, wheatgrass and blue-wild ry,e) will be punctuated
by forbs stich as columbine, common lupine, golden banner, and
strawberry. Along the southern portion of the site, where retention ponds
hold and treat storm water runoff, more water-oriented plants take over.
' Blue spruce is planted densely to act as a s6een to the commercial uses to
. j the south and I-70 beyond. Shrub thickets of willow and birch will fill in
! among the spruce.
; Advisory Committee Recommendation: Out of the ten Advisory Committee
members voting in the last meeting, four voted in favor of this design
altemative. Oation 2- Neiqhborhood Cluster ~ The Neighborhood Cluster scheme contains 50 units. This design contains:
~ . four, 1-bedroom units;
• eight, 2-bedroom flats; , o sixteen, 2-bedroom lofts;
~ . fourteen, 3-bedroom units; and
;
j o eight, 3-bedroom duplexes.
~ The unit mix provides for 68,232 sq. ft. of housing with a density of 14
~ dwelling units per acre. A main access street, which gains access to the
site from Chamonix Road, passes through the site to the fire station, again
~
! offering dual points of access. Access to the fire station will be limited for
i safety reasons. Multi-family units are situated off the north and south side of
the access road. Drives extend to the north off the mdin street to duplex
` units. ,
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Vail Chamonix Site Planning Concepts
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Page 6 .
The landscape plan, similar to the Neighborhood Block scheme, locates
~
community gathering spots throughout the design. These community spots
~ utilize terraced courtyards which are located off of intemal pedestrian
i circulation routes. As with the Neighborhood Block scheme, turf areas are
~
~ provided on the east and west ends of the development, connected in the
~ ~Neighborhood Cluster,scheme with a pedestrian trail. The turf area on the
I ; eastem portion could be util'rzed for an amenity such as a dog park, while
j the western turf area offers a segregated vantage point of the fire station
operations.
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i The trail passes through zones of turf grass and aspen stands. As before, the
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` aspen stands "spill" through the spaces created by the structures. A native
` understory is employed again. The pedestrian path will provide an ; , . .
~ altemating turf/native transect, adding another layer to the internal
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I, experience of the site. Again, as before, a more wat&-oriented plant
~ palette is util'¢ed along the southern perimeter for screening purposes.
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~ Advisory Commiftee Recommendation: Out of the ten Advisory Committee
members voting in the last meeting, none voted in favor of this design
; alternative. ~
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Oation 3 - ViIlaae Nelahborhood
The Vllage Neighborhood scheme contains 70 units. This scheme offers a
combination of lower density duplex and multifamily units and a multi-story,
multi-family structure. There are:
o nine, 1 bedroom units;
• thirty-two, 2 bedroom flats;
~ • no 2 bedroom lofts;
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Vail Chamonix Site Flanning Concepts ,
30 July 2008
Page 7 -
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~ `z. A~.=~~ "r ~~9:` - • sixteen, 3 bedrooms; and
ten, 3 bedroom duplexes.
'`^HYThis unit mix provides for 87,936 sq. ft. of housing with a density of19
! dwelling units per acre, the highest density of the three schemes. The main
€
access to the site is via Chamonix Road. This entry road offers a traditional
~
neighborhood lane; with duplex units to the north and multi-family units to
~ the south. The lane terminates in the plaza located in the center courtyard
of the multi-story, multi-family structure.
;
` The•plaza is of a more urban character, with paving that allows for
E
pedestrian dnd occasional vehicular access as needed. A raised
j landscaped platform in the center offers a green gathering spot for ,
residents. A parking structure is located below the plaza and provides
; parking for the residents of the multi-storied structure: The parking structure
~ is accessed via a dedicated entrance off of the frontage road. As in the
previous schemes, open space is provided on the eastern and western ends
~ of the site, with similar possibilities for programming. ~
~ The plant palette in this scheme is of a drier, more shnibland nature, picking
i up on the existing presence of sagebrush on the site. The drier landscape
i will be punctuated by gamble oak, pinon and juniper.. Rabbitbrush,
~ -'bitterbrush, and snowberry with grasses such a blue grama, junegrass, and
~ assorted bunchgrasses filling out the understory.' Indian paintbrush,
! introduced into the existing sagebrush, will provide pleasant summer color.
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Advisory Commiftee Recommendalron: Out of the ten.Advisory Committee
! members voting in the last meeting, six voted in favor of this design
~ alternative. Subsequent.discussion, however, tended to suggest that there
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€ was significant concern regarding the additional cost and maintenance
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i needs of sub-grade parking. ;
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Fire Station
A major component to the site plan for the Chamonix site is the inclusion of
a new fire station. The fire station, as previously mentioned; will be
~ segregated from the residential use of the Chamonix development for
i ~ safety and noise reasons: Dedicated access for emergency equipment is
' considered. The fire station will incorporate a community room for
gathering. A recruit dormitory may be located above ttie station, helping
to alleviate the cramped conditions currently experienced by fire
i department recruits. An area for separate ambulance 6ays has been
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allocated for potential future development by the Ambulance District. A
i number of design altematives were also considered for the fire station. The '
~
I current,design shown is the consensus alternative of Fire District staff and the
~
Advisory Committee. It makes use of the building itself to provide retaining
against the steep slopes to the north of the site, and thereby offers the most
~ cost-effective site design.
[
Transit and Vehicular Access I The Ghamonix site is located near to bus stops on both the West Vail Red
E p p y pportunities
~ and Green Loo transit lines.' Commercial and em lo ment o "
; are a located in the commercial areas within walking distance, to the site.
~ .
~ Access to the other side of I-70, as well as I-70, itself is gained by passing :
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E through the West vail rouridabout locateci directly south of the,site. The
several schemes, along with the proposed entries to the site, were generally
~ discussed with .the Town of Vail traffic consultant frm, Felsburg, Holt & C.
; Ullevig. Although a detdiled traffic analysis has not yet been performed, no
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{ significant issues were found by the traffic consultants.
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Attachment C
LEED-NC v2.2, Sustainable Sites Category
Neighborhood Block -
Pto
CREDIT CREDIT NAME Avaf~la le pos b1e QeBCription for Achievement ' - " Construction Activity
'
Prere . 1 Pollution Prevention 0 0 Re uired b LEED for certification.
A site.has beem'seiected that.does not included sensitive site elements and restrictive land
rypes. For example, prime farmland, within a 100 yr. flood plain, or land specificaily Credit 1 Site Selection 1 1 identified as ha6itat for endan ered s ecies:
Development Density From She site's main entrance, there are 10 basic services (laundry, restaurant, bank, ,
& Community grocery, convenience store, dentist, dry cleaning, park) and a residential developmenf (Vail
Credit 2 Connectivi 1 1 Commons with a densi of 10 units/acre within a 1/2 mile radius.
Brownfield The site selected has not been documented as a brownfield by a federal, local, or state
Credit 3 Redevelo ment 1 0 munici ali .
The Project Site is located within 1/4 mile of the West Vail Lodge bus stop and, from one
Alt. Transportation: main entrance, the Chamonix%N. Frontage Road bus stop. Both bus stops service two bus
Credit 4.1 Public Trans. Access 1 1 lines the West Vail RED Loo N-S and the West Vail GREEN Loo S-N .
This scheme has 54 garages, each of which can have a bicycle brought inside for covered
Alt. Transportation: protection, and meet the minimal required covered storage for the full-time residential
Bike Storage & occupancy. Additional exterior, covered bike racks can be located on the site to proyide
Credit 4.2 Chan in Rooms 1 1" additionel stora e if desired. T.B.D. Towri of Vail. Fuel efficient vehicles are to be provided for 3% of the residents with '
- AIt. Transportation: • preferred parking -OR- preferred,parking for ftiel efficienf vehicles,(5% of FTE) shall be.
Low Emitting & Fuel provided for on site. The higher the number of residents, the higher the number of fuel
Credit 4.3 Efficient Vehicles 1 1** efficient vehiclesand referred arkin s aces must'be rovided. T.B.D. Town of.Vail. Parking in this scheme does not exceed the local'zoning requirements,
the LEED requirement for.this credit. _ In our case, the code requirement is.2 spaces per unit
(all units are beiween 500 SF, and 2,000 SF). Also, a demonstrated, permanent program,
Alt. Transportation: including; but not limited to, rideshare programs, shuttle services, and dedicated drop-off
Credit 4.4 Parkin Ca aci 1 1"* locations on site shall be included to achieve oints for this credit.
Design/Construction decision by Owner.
July 30, 2008 Philosophy implementation decision by Owner.
' 50% (less the building footprint) of the site much be restored with native or adaptive
vegetation. This vegetation requires little or no irrigation, and does not require active
maintenance (mowing•or fertilizers). All schemes exceed 50%,open space after accounting
for all paving. With the largest quantity of paving of all three schemes, this will be the most
Site Development: challenging to achieve this point while providing outdoor amenities: Sodded:open spaces for
Protect or Restore play will,be at an absolute minimum or nonexistent for this scheme is this,point were to be
Credit 5.1 Habitat 1 1* achieved.
For the site's zoning district, Housing (H), the site coverage (incl. buildings, pavement, etc.)
mustmot exceed,55% of the project site. This means,that the.open space requirement is
45% of the project site. Forthis LEED credit, the scheme must exceed'the open space
requirement by an additional 25%, totaling an open space requirement of 65%. Due to the
Site Development: densities the Town of Vail would Iike to achieve in this scheme, a 65% open space
Credit 5.2 Max O en S ace 1 0 re uirement cannot be met. All stormwater run=off must be contained on the.project site. The greater the amount of
impervious;materlals (paying.and buildings) on the.site, the more run-off must be collected
and retained on the site. This scheme has an increased area of vehicular circulation and,
. therefore, the:potentfal for increased impervious area. A larger capacity for detention may be
Stormwater Design: required. Impeniious surfaces can be reduced in all schemes by using pervious paving
Credit 6.1 Quanti 1 1' materials a roved for cold weather Gimates.
LEED encourages the use of pervious!paving materials to allow stormwater to infiltrate into
the ground, thus naturally filtering out pollutants and prevent overflow of natural systems.
Using pervious ~ paving materials on all schemes is at the discretion of the Town of Vail.
Stormwater Design: Using proper techniques, detention ponds and vegetated swales will also properly filter
Credit 6.2 Quali 1 1" stormwater. This credit is easily achieved by Iocating 50% of.all parking spaces under a-cover that has a
great ability to reflect:solar heat. Since the great majority of the.site's parking spaces are in
Heat.lsland Effect: enclosed garages or in a tuck-under situation, the roofs of.our building must reflect solar heat
Credit 7.1 Non-Roof 1 1' to LEED standards. 'Li hf colored roofin materials should be s ecified.
The project's roofs shall already comply with the standarcls set forth by Credit 7.1 for Non-
Heat,island. Effect: Roof Heat_Island ,Eff,ect. The Architect and Owner should select a roofing material that also
Credit 7.2 Roof 1 1' meets the standards albeit similar, of this credit to reflect solar heat.
Exteriorlighting will have to be:designed so that it;meets the light trespass standards set
Light Pollution forth by the+LZ2 designation for residential areas. This can easily be achieved in any of the
Credit 8 R1 1' schemes rovided the a ro riate measures are taken b the architects.
_ TOTAL POINTS 14 12
* Design/Construction decision by Owner.
July 30, 2008 Philosophy implementation decision by Owner.
. .r-LEED-NC v2.2, Sustainable Sites Category
Neighborhood Cluster
CREDIT CREDIT NAME AvaPlable pos b1e Description for Achievement
Construction Activity
Prere . 1 Pollution Prevention 0 0 Re uired b LEED for certification:
, A site has been selected that does not included sensitive site elements and restrictive land
types. For example, prime1armland; within a 100 yr. flood plain, or land speciflcally identified
' Credit 1 Site Selection 1 1 las habitat for' endan ered s ecies. ' `
Development Density Frorri tfie site's main entrance; there are 10 basic services (laundry, restaurant, bank,
. Community grocery, convenience store, dentist, dry cleaning, park) and a residential development (Vail
Credit 2 Connectivi 1 1 Commons with a densi of 10 units/acre within a 1/2 mile radius.i
Brownfield The site selected has not been documented as a brownfield by a federal, local, or state
Credit 3 Redevelo ment 1 0 munici ali . -
Alt. Transportation: The Project Site is located within 1/4 mile of the West Vail Lodge bus stop and, from one
Public Transportation main entrance, the Chamonix/N. Frontage Road bus stop. Both bus,stops service two bus
Credit 4.1 Access 1 1 lines the West Vail RED Loo N-S and the West Vail GREEN Loo S-N .
This scheme has 52 garages, each of which can have a bicycle brought inside for covered
Alt. Transportation: protection, and meet the minimal required covered storage for the full-time residential
Bike Storage & occupancy. Additional exterior, covered bike racks can be located on the site to provide
Credit 4.2 Chan in Rooms 1 1* additional stora e if desired. '
T.B.D: Town of.Vail. Fuel efficient vehicles are to be provided for 3% of the residents with
Alt: Transportation: preferred parking -OR- preferred parking forfuel efficient vehicles (5% of FTE) shall be
' Low Emitting & Fuel , provided for on site. Tlie liigherthe number of residents, the higher the number of,fuel,
Credit 4.3 Efficient Vehicles 1 1*' efficient vehicles and referred arkin s aces must be rovided. , Parking in this scheme does not exceed the local zoning requirements, the CEED
; eequirement for this credit. In our case, the code requirement is 2 spaces per unit (all units
ere between 500 SF arid 2,000 SF). Also, a demonstrated, permanent program, including,
' Alt. Transportation: ' but not limited to, rideshare programs, shuttle services, and dedicated drop-off locations on
Credit 4_4 Parkin Ca aci 1 1** site shall be included to achieve oints for this credit. This is T.B.D. Tou4n of Vail.
- * Design/Construction decision by Owner.
July 30, 2008 , Philosophy implementation.decision by Owner.
50% (less the building footprint) of the site must be restored with native or adaptive
vegetation. This vegetation requires little or no irrigation, and does not require active
Site Development: maintenance (mowing or fertilizers). All schemes exceed 50% open space after accounting
Protect or Restore for all paving. But the Town of Vail must balance sodded open spaces for play with areas of
Credit 5.1 Habitat 1 1' netive rasses to achieve the oint.
Forthe site's zoning district, Housing. (H), the site coverage (incl. buildings, pavement, etc.)
must not exceed 55% of the,project site. This.means tfiat the open space requirement is
45% of the project site. For this LEED credit, the'scheme must exceed the open space .
requirement by an additional 25%, totaling, an open space requirement of 65%. Due to the
Site Development: densities the Town of Vail would like to achieve in this scheme, a 65% open space
Credit 5.2 Max O en S ace 1 0 re uirement cannot be met.
• All stormwater run-off must be contained•on the project site. The greater the amount of
impervious:materials (paving and buildings) on the site, the more run-off must be collected
Stormwater Design: and+retained on the site. Impervious:surFaces can be reduced in all schemes by using _
Credit 6.1 Quanti 1 1' enrious, avin materials a roved for cold weather climates: LEED encourages the use of'pervious paving materials to allow stormwater to infiltrate into
the ground, thus naturallyfiltering ouf, pollutants and prevent overflow of natural systems.
Using pervious paving materialston all schemes is at the discretion of the Town of Vail.
Stormwater Design: Using proper techniques, deterition ponds and vegetated swales will also properly fitter
Credit 6.2 Quali 1 1' stormwater. •
. This credit'can easily be achieved by Iocating 50% of all parking space under a cover that
has a great ability to reflect solar heat. Since the great majority of the site's parking spaces
are in enclosed garages or in a tuck-under situation, the roofs of our,building,must reflect
Heat Island Effect: solar heat to the standards'asked for by LEED. Light,colored.roofing~materials should be
Credit 7.1 Non-Roof 1 1' s ecified:
The project's roofs shall already comply with the standards set.forth by Credit.7:1 for Non-
Heat lsland Effect: Roof Heat Island.Effect. Care'should be taken by the Architect and Owner to select a roofing
Credit 7.2 Roof 1 1' material that also meets the standards, albeit-similar, of this credit to reflect solar heat. _ Exteriorlighting .will have to:be designed so that it.meets the light trespass standa`rds set
Light Pollution fortfi by the'LZ2 designation for residential areas. This can easily be achieved in any of the
Credit 8 Reduetion 1 1' ischemes, rovided the a ro riate measures are taken b the architects.
ITOTAL POINTS 14 12
* Design/Construction decision,by Owner.
July 30, 2008 Philosophy implementation decision by Owner. ,
LEED-NC v2.2, Sustainable Sites Categor.y
Village & Neighborhood pts CREDIT CREDIT NAME Aval~lable Pos ble Descrlption_for Achievement _
Construction Activity
Prere . 1 Pollution Prevention 0 0 Re uired b LEED for certification.
A site has been selected that does not included sensitive site elements and'restrictive land .
types. For example, prime farmland, within a 100 yr. flood plain, or land specifically identified
Credit 1 Site Selection 1 1 as habitet for endan ered s ecies. '
Development Densiry From the site's main entrance, there are 10 basic services (laundry, restaurant, bank,
& Community grocery, convenience store, dentist, dry cleaning, park) and a residential development (Vail
Credit 2 Connectivi 1 1 Commons with a densi of 10 units/acre within a 1/2 mile radius.
Brownfield The site selected has not been documented as a brownfield by a federal, local, or state
Credit 3 Redevelo ment 1 0 munici ali . '
The Project Site is located within 1/4 mile of the West Vail Lodge bus stop and, from one
Alt. Transportation: main entrance, the Chamonix/N. Frontage Road bus stop. Both bus stops service two bus
Credit 4.1 Public Trans. Access 1 1 lines the West Vail RED Loo N-S and the West Vail GREEN Loo S-N .
This scheme will need bike storage for 46 bikes, 22 of which can be housed in the enciosed
garages. The difficulty in achieving this point in this scheme lies in the bike storage for
Ait. Transportation: residents of the parking structure housing. The remaining 24 bikes can be carved out of the
Bike Storage & available parking in the parking garage, or located beneath overhangs on the pedestrian
Credit 4.2 Chan in Rooms 1 levelabove. '
T:B.D. Towrrof Vail. Fuel efficient vehicles are to be provided for 3% of the residents with
AIt. Transportation: preferred parking =0R- preferred parking for fuel efficient vehicles,(5% of FTE) shall be
- Low Emitting & Fuel provided for on site. The higher the number of residents, the higher the number of fuel
Credit 4.3 Efficient.Uehicles 1 1*" efficient vehicles and referred, arkin s aces must be rovided.
T:B.D. Town of Vail. Parking in this scheme does not exceed the local zoning requirements,
the LEED requirement for this credit. In our case, the code,requirement is 2 spaces per unit
(all units are befinreen 500 SF and 2,000 SF): Also, a demonstrated, permanent program,
Alt. Transportation: including, but not limited to, rideshare programs, shuttle services,, and dedicated,drop-off
•
Credit 4.4 Parkin Ca aci 1 1** locations'on site §hall be included to achieve oints for this credit.
* Design/Construction decision by Owner.
July 30, 2008 Philosophy implementation decision by Owner.
~ -
50% (less the building footprint) of the site must be restored with native or adaptive _
vegetation. This vegetation:requires little or no irrigation, and does not require active
, maintenance,(mowing or fertilizers). All schemes exceed 50% open space after accounting
Site Development: for all paving. But the Town of Vail must balance sodded open spaces for play with areas of
Frotect or Restore . native grasses to achieve the point. Any open space on the roof.of the parking structure Credit 5.1 19abitat 1 1' does.not count towards restored habitat.
For the site's zoning,disfrict, Housing (H), the site coverage (incl. buildings, paverrient, etc.)
must not exceed 55% of the project site. This means that the open space requirement is
45% of the project site. For this LEED'credit, the scheme must exceed the open space
requirement by~an; additional 25%, totaling an open space requirement of 65%. Due to the
Site Development: densi#ies the Town of Vail'would like to achieve.in this scheme, a 65% open space
Credit 5.2 Max O en S ace 1 0 re uirement cannot be met.
~ AlUstormwater, run-off musti~be contained on the project site. The greater the amount of
impervious materials (paving and!buiidings) on the site, tFie more run-off must:be collected _
' and retained.on the site: This scheme has.the potentiaf for reduced impervious area
depending,on the treatment of the parking structure deck. Impervious surfaces can be
Stormwater Design: reduced in all achemes:by using pervious paving materials approved forcold; weather,
Credit 6.1 (luanti ' 1 1* climates.
LEED encourages,the use of'pervious paving_materials,to allow stormwater to infiltrate into
the ground, thus naturally filtering out pollutants and prevent overflow of natural systems.
Using pervious paving materials on all schemes•is at the discretion of the Town of Vaii.
Stormwater Design: Using proper techniques,.detention ponds and vegetated swales will also properly filter
Credit 6.2 Quali 1 1* stormwater.
This credit can easily be achieved by locating 50% of all parking space under a coverthat
' has a great ability to reflect solarheat. Since the great majority of the site's parking spaces
are'in enclosed garages, tuck-under, or in the parking structure, the roofs of our buildings
and ouc parking garage deck must reflect solar heat to the standards asked for by LEED. On
. the parking, structure, we would be able to reflect solar heat by properly shading the surface
with deciduous.trees, planting sod, using an open-grid paving.system, and using light-colored
- Heat Island,Effect: paving materials. This point cannot:be achieved witfiout these strategies;being usedion,the
Credif 7.1 Non-Roof 1 1* structure deck. '
The projecYs roofs shall already comply with the standards set forth by Credit 7:1 for Non-
Heat Island Effect: Roof Heat Island Effect. Care should be taken by the Architect and Owner to select a roofing
Credit 7.2 Roof 1 1' material that also meets the standards albeit similar, of this credit to reflect soler heat.
* Design/Construction decision by Owner.
July 30, 2008 Philosophy implementation decision by Owner.
Exteriorlighting will,have~to.be designed so,that.itmeets the light trespass standards set
Light Pollution*" ' forth by the LZ2 designation'for residential areas. THis can easily be achieved in any of the
Credit 8 iReduction- 1 1* schemes rovided the a roriate measures are taken b the.architects. .
TOTAL POINTS 14 12
* Design/Construction decision by Owner.
Juty 30, 2008 Philosophy implementation decision by Owner:
B A Attachment D
WEST VAIL FIRE STATION &
MWNOFYAIL ~ AFFORDABLE HOUSING
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NEIGHBORHOOD
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_ 16 dwelling units per acre
- # of SF/ total SF/
unit type units unit unit type
~ q 1 bedroom 0 768 0
~
# of 2 bedroom flat 20 1,292 25,840
parking spaces spaces 2 bedroom loft 16 1,333 21,328
fire station spaces 26 3 bedroom 8 1,460 11,680
1" = 40 feet enclosed garage 68 duplex - 3 bdrm 14 1,632 22,848
open or tuck-under 61 total # of units 58
July 30, 2008 • Preliminary Release total # of spaces 155 total sq ff 81,696
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AIL FIRE STATION &
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14 dwelling units per acre
-
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# of SFJ total SF/
unit type units unit unit type
1 bedroom 4 768 3,072
- # of 2 bedroom flat 8 1,292 10,336
parking spaces spaces 2 bedroom loft 16 1,333 21,328
~
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jJr fre station spaces 26 3 bedroom 14 1,460 20,440
1" = 40 feet enclosed garage 60 duplex - 3 bdrm 8 1,632 13,056
open or tuck-under 57 total # of units 50
July 30, 2008 • Preliminary Release t# of spaces 143 total sq ff 68,232
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VIILAGE &
NEIGHBORHOOD
19 dwelling units per acre
1 - # of SFJ total Sf/
unit type units unit unit type
1 bedroom 9 768 6,912
~ # of 2 bedroom Flat 32 1,292 41,344
parking spaces spaces 2 bedroom loft 0 1,333 0
fire station spaces 27 3 bedroom 16 1,460 23,360
1" = 40 teet enclosed garage 112 duplex - 3 bdrm 10 1,632 16,320
open or tuck-under 36 total # of units 70
July 30, 2008 - Preliminary Release total # of spaces 175 total sq ff 87,936
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Attachment E
VAII, CHAMONIX - AFfORDABlE HOUSING COST SUMMARY
SCHEME 1- ALLEY & STREET
23-Ju1-08
O tton A Stick-Bailt) 00tion B Facto Built)
ENGINEERING COSTS
Mobilizaiion $50,000.00 $50,000.00
Site Preparation $9,480.00 . " $9,480.00
Erosion & Trafftc Control $10,000.00 , $10,000.00 , Earthwork $344,700.00 $344,700.00
Impravement Instailation Site Work $434,148.00 $434,148.00
Engineering Subtotal . $848,328.00 $848,328.00
Englneering Contigency $127,249.20 _ $127,249.28
Engineering Services (S.urvey & Geotech) $59,382.95 - $59,382.96
- CONSTRUCTtON COSTS .
OPTION A
Sttck Built Construct(on $23,283,360.00
OPTIQN B .
Off=Site, Factory Built Construction ' $16,747,680A0
.MyJ-3!».z+5-,w~,,w,s;~ '^'~:~,cx-::;x=_"s,'~".;'e^1:~..,•T:9'" er r;t; v~~rw.-.*.r+ ti yyQ a~~ n
~;^_;'',~'_.''^~=~G_ `4' .s x
~te~:CC~S~~CtiQll'wCf~SL.Y;~~~;:;,~,;:_~:~„z`~.".'o~,~`'•,'«'°'3~-a:,cY:•.• .~~',£~.a?~3`a'~:r':a.«~,'13~.1360:~4 ~;:;it~:z~.:n`;'`.'~1~~`~~'g8~~
LANDSCAPING COSTS
Pedestrian $441,609.29 $441,609.29
, - Retafning Walls $187,684.00 $187,680.00
Fencing $1,864.72 $1,864.72
51Ue Lighting $37,200.00 $97,200.00
Traffic 6ontrols $274.60 $274.60
Site Furnishings $6,527.50 $6,527.50 Irrigation $9,255.65 $9,255.65 . Trees and Shrubs $31,790.40 $31,70.40 , 6round Cover • $6,732.18 . $6,731.18
Forbs 8c Herbaceous $3,545.00 $3,545.00
Tree Pifs . $20,952.00 $20,952.00
La ndscaping Subtotal $747,430.34 $747,430.34
Landscaping Contfgency (1596) $112,114.55 $112,114.55
1 -
LEED CERTIFICATION C05T3
Additlonal Engineering for CerHflcation
Detentfon Pond $60,000.00 $60,000.00
Outlet Structure $51,000.00 $51,000.00
Sustainability Contingency $16,650.00 = $16,650.00 Sustainfability EngMeertng Services $7,770.00, • , $7,770.00
~ al• T ` 8- "~'A '+'+S;~aa:S' a~" e' "s,^5'~y.^.~'k-~' e'+4'e_...-....,'r"4 't,3ri'?:~~ ' ~ m^~.^. ' 4:. N i=:`? ~i~- .r~~-,. {v,s
.i r '9:r ._.L.-y,-,atw ~r.ys°~p~`rs"~K.".3Ee'"~sa"'r ..FA:; '>'i''.::t}= ``r ~r.c ~ S^~:~:;,.'~•-^,.'u. .-.uv:a
C~FF .'rF R~ N ~ _a~,3~+,ti~`-G"r -.~'~-~.,.-:w,~f~<:i CvY;:!:, 'i~' •,.~^';)7's;v'w:~.~'~eti+
Affordable Housing Square footage: 81,696
Cost Per Square Foot: $311:40 $231.00
Affordabie Housing Unit Count: 58
- Average Cost Per Unit: $438,618.13 $325,370.57
i
PROJECT: R1084
- DESCRiPTION: VA1L, CHAMONIX (SCHEME 1. ALIEY & STREET)
DATE: 1-Jui-08
=~r:f~ir~:,d~:.?~_'.~>""?:~±~':~r;:•',;AIY:i~;.~~:~''-~'s:w^~: NI :S3QSTiwT TAl;QQ9
MOBILIZATION 1 LS $50.000.00 $50,000.00
REMOVEASPHAIT 5444 SF - 1.00 - $5.444.00.
REMOVE CURB - 3 LF .$12.00 $36.00
REMOVE.LIGhfCP_OLES 0 EA $1600.00 0.00
' REMQVE TREES 0 EA 175.00 $0.00
REMOVE.ELECTRIC PEDESTAL 2 EA $2.000.0D 54,00100
- EROSION CONTROL - 1 LS 7 OUO.OQ 7 000.00 TRAFFIC COMTROL 1_ LS $3,000.00 $3,000,001
EARTHWORK : ' 17235 CY 20.00 : $344 700.00
CY
~,2i~~"-
ASPHALT--- - ~ 1369 TON 88.00 88 985.00
' -_CURB AtJD GUTTER 1576 LF . 5.00_. $55160.00
8" PVC SAN. 8b5 LF. $42.00 $35,910.00
. SAN, MH. " 10 EA 000.00 _$50 000.00
SAN. SVC. 24 EA 300.00 7 200.00
. CONNECT TO EX SANITARY 0 EA 500.00 0.00
8" PVC AT. 1211 LF 35.00- 385.00
WATER SVC. 24 F.A $850.00 $15 800.00
FH ASSEMBLY 2 _ EA $5,000.00. 10 000.00 FCCTITJGS 17 EA $500.00 $8 500.00
GATE VALVES 5 _ EA_ 51.200.00_ : $6,000.00
CONNECTTO IX_WATER 2 EA 3 S40.OQ" 7,000.00
RETAINING WALL 130 CY $600.00 1578,000.00
TOPSOlL S7'RfP_ - _ - 2811 . _ : CY _ $8.00 $20.888.00
TOPSOIL.REPLACE 1065 . CY 58.00 . 8 620.00
TOTAL: $848,328.00
' COMINGENCY (15%): $127,248.20
• ENGINEERfNG SERVICES (7%):. $69,382.96
(SURVEY AND GEOTECH) - TOTAL: $1.034,860.18
ST ' TMAUrERIME4.'~.J..~f~..a
. DETENTION PONO 3_ EA._ .$20.000.00 $60,000.001
OUTLET STRUCTURE 3 EA- $17.040.00 $61 000.00
, TOTAL: $111,000.00 ' CONTlNGENCY (1B°k): S78,650.00
ENGINEERfNG SERV(CES (7°/b) $7,770.00 _ (SURVEY AND 6EOTECFn
TOTAL OF ALTEFtNATE: $138,420.00
ASSUMP710NS:
1. NO BASE COURSE UNDER PAVEMENT -
2. 7" ASPHALT TMCKNESS
3. WEIGHT OF ASPHALT TO BE 110 LBlSY/IN
4.651 ON EACH WATER AND SANlTARY SERVICE
. 8. A55UME THICK RETAINING,WALLS AND 1' BELOW GRADE
8. PR1CE OF QETEIYTIQN POND lA[CLUDES GRADING
7. PR1CE OF OUTI.ET STRUCTURE INCLUDE3 STRUCNRE AND
AN AS3UMED LENGTH OF 100' OP 38° CMP CULVERT
8. B". DE?TH OF TOPSOIL
- 9.1096 COMPACTION FACTOR FOR FILL
VA14 CHAMONf% I.pNOSCAPING COST ESTINlATE
SCHEINE 1- A[LEY & STNEET 1
33du1-08
Descri Uon qtt. Unlt Maurlal Inst Totai
PEOESTRIAN
Concrete Sldewalk-4° thlcly 4' wfde 15911 S.F. 7.4 11 $292,755.54
Flap,stone • v3/4°, gnvel base, iand bedding 6616 S.F. 13.1 9.4 $148,853.70
Concreh Paver-4'x8'x23/4° 0 S.F. 8.6 4.8 $0.00
SWIrs - castlnPbce,Srtur 0 EA. 223 505 $OAO
PednsKtan SuLtoWl . 1609.29
RETAIMNG WAUS
OrySet-toB,5250/ton,i'6'thldc 0 LF. 199 87S $O,AO
IMortsr Set - !0 6', $250/6on,01ck 6B0 LF. 199 77 5387,680.00
Retalntn WeIlsSubmtal ' . : ; ..::.,v,:•.:.., , . ' , 18760.00
FENCING
WtplCoveradChalnUnk-4' 386 LF. 4.87 1.65 $7,864.72
.
feada Snbtotsl : . . . . , .
SRE 116NTWG
furotlqve, Dark Skles,l4; a•tuminum pOla SO FA 2720, 1000 $37~200.00
hNn "Submu4 . . ;'r"1; r: : . :i . . "r. T 00.00
TRAFHC CONTROLS
ConcreoeHdlards 0 EA. 750 90 $0.00
HIgh-IntensltyTra(fle5lgnaga 4 E.A. 55 19.65 $274.60
TralBctonVOlSubtaiel ' 4.G6
SffE FUIWISFONGS
Benehes • 8', steei hame, br seat 7 EA. 530 87S $4,322.50
TndhRecsp4 de-30qa1. 7 FIL 300 35 $2,201~
SkeFUrnbhha SubWWI ...;Sp
IRRfGAT10N ~
PoP uP SD!?Y-,iw Square 14692 S.F. 0.16 0.47 591255.65
. . , .
I tloe5ubtotal
TREA /WD SFpt{JBS
n+xn (vopuiustremuloldes) 2° co EA. 269 S16,140.00
aamble oak (cprorcus ssmbelll) as o EA. 49 $0.00
Dogwooa (swAea urKea) 9.V 27 EA. s9 W93.00
MouMaln Mahogany (Cercxerpus montama)15 0 FA 37.99 $OAO
Wood s Rose (Rosa woods0) 95 50 EA. 39.99 $1,999.50
Qwkecherry (PadusvYglnfana)2' 0 FA 299 $OAO
MauMain A9aple (Acerglahrum) 68' 10 E0. 199 $1199DA0
NorrowlesfCottonvrood(POpulusapsufiol'u) 2• ia en. 249 53Ase.oo
Alds (Atnus Inanal A35, 4' SO EA. 119.99 $1,199.90
SeMaberry (AmelancMeraWfolia)OS 0 EA. 34.99 $0.00
Summtt Green Ash (fraxlnw pennsylvantea) 2 S/2" 0 EA. 374 $0.00
eluesaruce (vkea pungens) V Ia Pa 299 Ss,ssz.W
Pinyon Plne (Pinus edulls) s' o EA 219 $D.00
Aabbitbrush (Chrysothamnusapp.) 95 o EA. 37.99 $0.00
luniperf5a61rta monoSperma) 5' 0 FA 244 $9.00
TresaandSbrobSobtotal 790A0
GROUNDCOVER
TurF (biuegross) 14692 S.F. 0.45 $6,61L38
Aspen Grass Seed Mbe 15 Ibs. 8 $120.00
lferk 6rass Seed M6c 0 Ihs. 12 $0.00
GronrtdCoverSubtotal . 731.16
FORBS
mcban Pamsbrush (astweH sPp4 a° aed. ioo ¢a 535, $575.00
Goldm Aster (He[erotkieca dtlosa) p1 100 E0. 6.75 $675.00
tuWne (u+Plm+a arienteus)10 ca In. 200 EA. 9.85 $965.00
Gotdenrod (SOAdago appa 10 cu. ln. la0 FA 2.85 S265.60
Rrercrscker Panstemon {Penstemon eaWnil) IOcu. In. 100 EA. 2.85 $28SA0
IiERBACEOVS
Colorado Colvmb)ne (Aqunegia aervlea) so ca In. 100 EA. 2.85 5285.00
Strawberry (Frsgaris virginlarra asp. ovalis) 2.5' 700 EA. 2.95 $285.00
WhluGeranlum(Genntumrhhardsontil)IOcaln. 100 E0. 4.85 $485.00
Shc?iW Datsl! (ErlgerMl specbsus) LOD E0. 265 $285.00
ForbsSHerbateonsSu6tots!
Tree Plts
6-TEVergreen,4k1-9/4', 18 EA. 915 133 $3,68100
74 Deciduous, 2-1/25c1-1/2' 173 E0. 365 64S $17,271.00
ePRSU6tota! . ; . . . : 0 2,00
TOTAL• $747,43039
CONTINGENCY 3596: Sii 114.55
SOTAL• .89 '
I
I
VAIL, CHAMONIX CONSTRUCTION C05T ESTIMATE
SCHEME 17 ALLEY & STREET
21 Jul-08 : Description SF $/SF ' Total
OPTION A .
Stick Bu[It ConstrutEion ~ 81,696 285 $23,283,360.00
oprion? s
OfF Stte, Fa_ctory Bulit Construction 81,696 205 $16,747,680.00
Assumptians:
Affordable Housing Wet Livabte 5F: 81,696
Cost per SF (Sfick Bullt): . $285.00
, . Cost per SF (Factory Built): $205.00
Unit Mix: Number Sq. Ft. - Type
0 768 1-Bedroom
- 20 11292 2-Bedroom Flat
, 16 1,333 2-Bedroom Loft
• 8 1,460 3-Bedroom
14 1,632 3-Bedroom Duplex
Total Unit Count & Square Footage: 58 81,696
Density: 16 du/acre
Site Coverage (Footprint): 45,425 18%
Impervious (Paved) Surface Area: 64,790 26%
Site Coverage (Buildings & Paving): 110,215 44%
VAII, CHAMONIX - TOTAL COST SUMMARY
SCHEME 2 - NE1GHBdRHOOD CLUSTER
23-Ju1-08
O tiori A Sttck-Built) O tion B(Facto Built :
ENGINEERIN6 COSTS . '
Mobilization $50,000.00 $50,000.00
Site Preparation $9,480.60 - $9,480.00
Erosion & Trafflc Control $6,500.00 - -$6,500.00
EarLhwork $430,520A0 $430,520:00
Improvement Installation Site Work $366,202.OU , $366,202:00
Engineering Subtofal $862,702,00 $662,702.00
Engineering Cantigency $129,405.30 $129,405,30
Engineering Services (Survey & Geotech) $60,389.14 $64,389.14 .
20031r ~-°~.9.~.~:~:. ,;,;~:~::.::~-.Y :,r 4..-~:~-~ _ ....~:~<<,,.,w,;;,.-.-.
.9_"_. `~°`=~_'.•ez'~ .:.y'.` r_~;s;;:;i~~:~; •.`3'.~`;~'~rti _ s.~'`„~` 1=p
x:{: ti 'a'~~-4~'' x~--~-- %.%~;~.9.~~±~1
CONSTRUCTtON CO5T5 '
OP110N A
Stick Built Construction $19,446,120.00
OPTION B, ,
Off-Site, Factory Butlt ConsVuctfon $13,987,560.00
.~I~' On S~}.''~~''^~'+r~s'~4~';y°'~r~~`k`',,,K'. ~ _ ,,~,"~,1r ~'~/"~,/a~.6~ ~p ~•~y:y-`~',,«^_,~~~~ ~3 ~r
LANDSCAPI(VG COSTS
Peclestrian $281,335.70 $281,335.70
Retaining Walis $177,192.00 $177,192.00
Fencing $2,237.66 $2,237.66
Site Lighting $37,200.00 $37,200.00
Trafflc Controls $274.64 $274.60 '
Site Furnlshings $6,527:50 . $6,52750
Irrigation $11,088.63 $11,088.63
Trees and Shrubs $32,393.32 $32,393.32
Ground Cover $8,000.45 $8,000.45
Forbs & Herbaceous $3,260.00 $3,260.00
Tree Pits $19,747.50 $19,747.50
Landscaptng Subtotel $579,257:36 $579,257.36 Landscapfng Contigenry (15%) $86,888.60 $86,888.60
y~ L~ ~ t~y~^:ti;i•r>Y"k.^;;;`a.4.i.n `i?:i4-:; ~.Y:~'"o'-*:~: ,~~vy,'~`~,~~~• ..ca{a;'~(°.a, y,' Y~:i+•-};:,F;ip.M 4M1..=', f'"""„
_:>nc,~~'¢~~G'~~(~L ^jn_,a. -,y ....;=..t;- r~ " = "`r.~t ~{4F.-.net.^.vw.;+. m+.-a~r.~- J~ ,~y A.o
T~~~!S' '°$~'ia'5~~..~+~~~r"- Yl'"'i:v",.~ ."r,~'. :':}~'r3:i FPs'~+ i,"",.4.~~. .C::,I~ t%•F' FT•v
7~16~7A1~?
LEED CERTIFICATIOPf COS7S
Additional Eng(neeMng for Certiflcatton , . .
Detentfon Pond $60,000.00 ' $60,000.00
Outlet Structure $51,000.00 . $51,000100 .
Sustainabillty Contingenry $16,650.00 $16,650.00
Sustaina.bitity Engineering Services $7,770.00 $7,770.00
.
.,ro....-. ' • ~1 ~
.~"`~,a•'~`'~ii't ° IB ~ ' ' f
3i~...R)R \ . ~ ~ 5 ' ' ' ~11 t O '~ss'4t`-,,4,.,,^ ~ .r, ..`~5:_'t•'=4~ Q: `7 'j' S' _p~
~ . _ s . '~.,~9.'YSt.i'nr. e.:...•a..~3:.,.... M - `s.a c~r ~
'A7:a•..'`fi'.•J''~^~'",~SS%"vMtiw: y'`~M~~t,.. .,.~y.y,~a w'4'.',.r',',T-^.'"'r (ti•4' n. I.iy ;°-,'Y",'''tr.:~ue..p ,.1.,a,:J N-wM'~F~.p'•p9`~$jyp r:rsra,.., y T.,~;xy .
~~l~~~~ X~1iVl2l~~X+~~ i.'.~(..~:.~Y'.:'~y17:4~:hi:.'~l'.^.,y-1~'"a.+1'~K~i.•. ..YdS~~!l.~"M.1~'n:M!~'±yi•« . ~ 31"4CS" i'Fe':LL~-~^.^~+~'.sY=<'aw.~'.ir;Y1l{S'a'I.1.~~~~~
.1
,2FtrJ' iri6!-`'~°'.w.Se~ ~j IA'i'-" ~,.,~'~~'~.F'~.µ:f+'.")"F_,r, ? Y A~f .,w .
Affordable Housing Square Footage: 68,232
Cost Per Square Poot: $313.73 $233.33
Affordable Housing Untt Count: 50
Average Cost Per Unft: $428,133.67 $318,416.61
PROJECT: R1084
DESCRIPTION: VAIL, CHAMONIX (SCHEME 2. NEIGHBdRH00D CLUSTER)
DATE: 1 tilul-08
'si•,T•r^,~S•El '.~Y+iClVr¦IW,G'~`~Sd.'~s .:V ~".a 1S'x.~V.l~kSwc:3.~~~y~.jY._"+M~~ITAM1\l4iI.VA~:w i:.Y 1? ~ 1YO~1.4.'.`=~' '
- MOBILIZA7'fON-- 1"- LS $50,000.00 :S501000.00 .
REMOVE ASPHALT 5444 SF $7.00 6 444.00 -
REMOVE.CURB. 3 lF $12.00 $38.00
REMOVE LIGHT POLES _ 0- EA $1,500.00 .UO
REMOVE TRFES 0 EA- $175.00 - $0.00
REMOVE ELECTRIC PEDF-STAI _ 2.: EA 000.00 $4,000.00
_ EROSION'CONTROL - '1 . LS $3;50U.40 3 fi00.00
- TRAFFIC C011TROL '1 lS - 3 000.00 $3 000.00
EARTHWORK 21526 CY S20.00 $430520.00
r~:-~.r. p> u;a=~,`-y,,''~`%; . ° ;s,, 3iM::~:3~~ j~ y~•' ,
1.%S 27`, a.. - J~ =:S'i.,.l:.`a#„'1,1 s%a^ dqs::..^x'~-"T'---•.-'~s.1rJ7a;:' .i,,. :~...t;2:'x8a . YJa:
ASPHALT!" " 1265 _ TON _ . $65.00 82 5.00 ,
CURB AND GUTTER 1304 LF ---5.00 $45 840.00
8" PVC SAN. 897 - - -LF .00 7,674.00
SAN. MH S. EA $5,000.00 " $40,000.00
SqN. SVC. 19 EA _3300.00 $5J00.00
- CONNECT TO EX SANRARY 0 EA $3.500.00 0.00
,
g" p1/C qT. 963 LF _ 5.00 $33,705.00,
WATER SVC.. 19 EA $650.00 $12.350.00
FH ASSEMBLY - 3 EA _ $5.000.00 15 000.00 ,
- FITTINGS , 13 EA 5w.00 $6,500.00
GATE VALVES . 2 EA --.S1 200.00 $2 400.00
CONNECT TO EX WATER 2 EA $3.500.00 $7,000.00
0
RETAINING WALL 81 - CY 660.40 $48,600.0
TOPSOIL STRIP 2811 CY. _ 8.00 - $20 888.~0
TOPSOIL REPLACE 1065 " CY $8.40 8 520.00 ,
70TAL: 5882,702.00
CONTINGEIVCY (150/): $128,405.30
ENGiNEFRING SEFti/ICES (79/o}: 560,389.14
(SURVEY AND GEOTECFp _
' TOTAL: $1,052,488.44 -
,
:~.c:',„~.'.ao.,+'~`,~.~~5~;=~::.;;.:~::'.", ^,..:,...`'?>'is'r.$. xil~LZ .'~'x>ws.'t'~~"' '
' DETEMION POND 3 EA 111 000.00 - 80 000.00
OUTLET STRUCTURE ' 3 EA $17 000.00 S51 n00.00
TOTAL: $111.000A0
- CONTINGEIVCY (15%e): $16,650.00
ENGINEERlNG SERVICES (796) $7,770.00 '
, (SURVEY Ar1D GEOTECK)
70TAL OF ALTERNATE: " $136,420.00
ASSUMPTIONS: _ _ . ~
1. NO BASECOURSE UNDER PAVEMENT
2. 7°ASPHAL'f THICKNES3 -
3. WEIGHT OF ASPIiALT TO BE 110 LBISY/(N 4. 65' QN EACH WATER AND SANRARY SERVICE '
5. A8SUME 1' THICK RETAINING WALLS AND 1' BELQW GRADE
8. PftfCE OF DETENTION POND INCLUDES GRADING `
7. PRICE OF. OUTLET STRUCTURE INCLUOES STRUCTURE AND
AN ASSUMED LENOTH OF 100' OF 36" CMP CULVER7
8. 6" DEPTH OF TOPSOIL
8. 10% COMPACTION FAC7OR FOR FlLL .
VA1L, CHAMONIX LANDSCAPING COST ESTIMATE
SCHEME'2 - NEIGHBORFtOOD CLUSTER 21-Ju1-08 ,
Descri-tion SF $/SF Total OPTION A -
Stick Buflt Constructfon 68,232 $285.00 $19,446,120.00 OPTtON B
Off-Site, Facto_ry Built Constructlon 68,232. $205.00 $13,987,560.00
,
Assumptions: Affordabte Housing Net Livable SF: 68,232
Cost per SF (Stick Built): $285.00 , .
Cost per SF (Factory Built): $205.00
Unit Mix: Number Sq. Ft. Type ,
4 768 1-Bedroom
. 8 1,292 2-Bedroom fiat
, 16 1,333 2-Bedroom Loft .
14 1,460 3-Bedrobm
8 1;632 3-Bedroom Duplex -
Total Unit Count & Square Footage: 50 68,232
. Density: 24 duJacre
Site Coverage (Footprint): 39,073 1696 " - Impervious (Paved) Surface Area: 64,546 26%
Site Coverage (Build3ngs & Paving): 103,619
I
VAri, CHAMONOf tJWDSCAPING COST ESTiMATE
SCHEME 2 • NEIGH80AFi00D CWSTER
23-Jul-OS
Descrl tbn QTY. Unlt Materlal 5 inst. $ Total
PEDESTRIAPI
CqncrMe Sldawalk - 4" thldy 4' wlde 8452 S.F. 7.4 11 $135,515.70
FWgstone - v3/4', graval base, sand baddtng 5592 S.F. 13.1 9.4 $125,870.00
Concrete Paver-4°x8'.%d 114' 0 S.F. 8.6 4.8 $0.00
sc.ks - ase In dace, s risa o EA. . 223 sos, So.oo
.
. . . . 281335J0
PedesbianSubtotal - ' .
Hk7AlNING WILLLS
Ory Set-to6',$I50/ton,l'6"thkk 0 LF. 199 87.5 $0.00
MortaiSet-taG,$250/ton,l'6°ihSck 642 LF. 194 77 $177,I92.00
,
. . . . : "t. :i'.'::. ' . . $177192.00
NeWlafnBWaQsSUbWta1 ' • ; ,
FENqNG
Vinyl Cwered Ua1n Unk - 4' 943 4F- 4.87 1.65 $2,237.66
, : 37.66
SubMtal ' • . , . : r
51TE LIGHIING
12G0.00
Eurotique~ Oark_Skies~T14~ alumlm~m Qele 10 EA. 2720 1000 S37
Ushdu .
Su6total 7
TRAFFK GONTROLS
tontrate Bolhrds 0 FA. 750 90 S0.00
Hlgfi•IntensityTrsf8e51gnige. . 4 EA 55 _ 13.65 $274.60
naso
refftc Cattrd SubLOtat
stre FwwuHtNGs
Benehes-B;steelframe,flrxat 7 EA. 590 87.5 $4,32250
TrashReceptack-30CaL 7 EA. 9070 1+ 4Z95.00
;
S1teFnmishln Subtotal : ` >i.
IRRIGATroN
PoP U? SPMY -18~ 54~2 , 17601 S.F. 0.18 0.47 411,088.63
TREES AND SHfWeS
Aspen (Papulus tramukides) 2° 62 EA. 269 $16,678.00
GamWeWk{Queicusgambehi}95 0 EA 49 $4A0 .
pogyood (StMda utkea) 3-4' 0 EA. 59 $0.00
Mmam nAehoganv (carcocarpus monanus)ds o En. 37.99 $0.00
Wood's Rose (ROSS woodsil)AS 50 EA 99.99 $3,99950
Chdkeeherry (Padus virglnlana) 2' o EA. 299 $0.00
Mountain Mapla (Acer glabrum) 6-8' 9 EA. 199 $1,791.00
risrrowleaf Cottomvood (Populus angusttltolla) 2° 34 FA 249 $3,486.00
der (Ak+u Incana) 415, 4' 38 EA. 119.99 S21159.82
Serviceberry (Amelanchlar slnffoiia) 45 o fll 34.99 $fl=
Summ[t Green Ash (Fraxlnus pennsqhranfca) 21/2' 0 EA. 374 $0.00
8tue Spnxe (Plcea pvngem) 6' 23 EA. 299 $G.279.C0
Pinyon Pine (Pinua edulis) 5' 0 EA. 219 $4M
wbbRbrusn (Qursothamnus sPp.) 05 0 EA. 37.99 5OM
lunlper (Sabina monosperma) 0 EA. 249 $O•W
: . . . . . . ! : A . ; 93.92
TreesandShrub~btohl : , ` . `
GROUNDCOVER
Turf (bluegrass) 17601 S.F. 0.45 $7.920.45
Atpen Gtass Seed MiC 10 Ibs. S $80.W
XaAt Grass Seed M6c 0 lbs. 12 $M00
.
GrouadCwierSobtotai ° < ,
FOR85
Indlsn Patntbnuh (CastltleJo spp.) 4' std. 100 EA. 5.75 $575•00
Golden Aster (Heterctheea vflbsa) 81 100 EA. 6.75 $675.00
WP1na (WpMus srpnteus) SO cv. in. I00 EA. 3.85 $SSS.00
Goldemod (SoAdaga app.) 10 cu. in. 100 EA. 285 528S.W
F7rcrcrecker Pensternan (Penstemon eatoniil ID cu. In. 100 FA. 2.85 $265.00
H[ABACEOUS
Cobrado Cv(umbMe (Aqullegla caerulw)10 cu. la 100 EA. 1.85 S265•00
Strawberry (frogarh vL'Sinlana ssp. oralls) 2S° I00 E0. 2.85 5265.W
White Gerantum (Geranlum ridwdsontil} 10 w, In. 100 FA. 4.85 $485.00
Showy DsisY.(F.r16eron speclnus) 100 EA. forbs & Herbaceous Su6tetal .
, . . :.....'i::f.:.':..i:-'..: -53 00
tee Pib
6-1" Ewsreen.4xd-3/4', zi ea ei.s 113 Sa.294.so
7-9' Dedduous, 2-1/2k1-1J2' 153 EA. 36S 66S $35,453.00
19 74750
TreePltSubtotal
70TAL: $579,25736
CONTINIGEPICYUS%I: $86.888-60
TOTAL: $ 145.96
VAIL, CHAMBNIX -TOTAL COST SUMMARY
SCHEME 3 - VILLAGE & NEIGHBORHOOD
23-1u1-08
Option A Stitk-BWIt O tion B Facto Built
. '
ENGINEERING'COSTS
Mob(lization , $50,000.00 $50,000.40 .
Site Preparation - $9,480.00 $9,480.00
Erosion & Traffic Control _ • $6,540.00 " $6,500.00
Earthwork . $318,980.00 $318,980.00
improvement tnsfallation Slte Work $396,806.00 $396,806.00
Engineering Subtoql $781,766.00 $781,766.00
Engfneering CoMigenry $117,264.90 $117,264.90
fngineering Services (Suryey & 6eotech) ' $54,723.62 $54;723.62
• iyi~a„e v 4 r:s +.2. ~s h T'ca ,x-^^'C .:'=4., "rw":a'~3::7.;. ti,~.
p~arE ,`'~n '
n8.
CONSTRUCTfON CO 5.
OPTION A - -
Sttck Built Construction ; $28,139,520.00
OPTiON 8
Off-SRe, FattoryBuilt Construction . $2I;130,141.44
~ ?m ;yq y,5
' :'L .?T" : 4^ C~r~E'Y'luem'K:=3'LjC`4 l.:a„fy;l ~~i;i'~94•^yl:i~:l;~"^N 'l b)? ~^.:`swu..'^r .f_;R'.e.i . _~,~,.y4•~,Cr~>
~
. . wt.:..1WVY„v. v\..._ y~ A'N .~4~.ti',°~T%~.4X' ; ~•.l~i+,'N
T . ta- ~ l~fS~.G~:~t ,,-__=_,~:~~'~s :.R~ uu
LANDscApinis
Pedestrlan $405,565.60 ' $405,565.60
Retatning Walls $207,276.00 $207,276.00
Fencing $2,284.64 $1,284.64
Site Lighting . $37,200.00 $37,200.00
Traffic Controls . $1,954.60 $1,954.60
Site Furnfshtngs $6,527.50 $6,527.50
lrrlgatlon ' $15,912.54 $15,912.54
Trees and Shrubs $30,978.07 1$30,978.07
Ground Cover $11,485.99 $11,485.99
Forbs & Herbaceous $1,337.50 $1,337.50
Tree Pits $31,537.50 $31,537.50
Laedscaping Subtotal $751,059.93 , $751,059.93
Landsceping Conttgency (15%) $112,658.99 $112,658.99
Totat Landsca in Cost $883,718.92 $853;718.92
LEED CERTIFICATION COSTS
AddltionaLEngineering for Certifitatfon
Detention Pond $60,000.00 $60,000.00 . Outlet Structure $51,000.00 $51,000A0
SustalnabilIty Contfngency $16;650.00 - $16,550.40
Sustalnability Engineering Services $7,770.00 ` $7,770.00
~ ~+~''SC.3 - Z. y,.
"~5w'~~::~wTr:3.'v~-.-s ,
o,~a1; : ,
~t~. ` {
"1. ?~'y'•_ . .k: - 'c..T.;1^,~ix:~'~^. t,n.x^,e'.3'.~>~~7: ~,.~..o- q 1..,~!._;.*~S'+~A3`'3-.,•"an~ea++y+n .s'F.v ,.x.• ~',9'S, ,y.+r"`°'fp T..arr.v--n• t 2:^.tE:"G`aCi:[:.'ae .t Yf
a e; _~~rx~.~:~i~~
-OW:=S:::~4Z.:VS7~
Affordable Housing Square Footage: 87,936
Cost Per Squere Foot: $343.92 $263.81 ,
Affordable Housing Un1t Count: 67
Average Cost Per Unit: $451,386.20 $346,245,52
PROJECT: R1064
DEBCRIPTION: VAIL, CHAMONIX (SCHEME 3. VILLAGE NEIGHBORHOOD)
DATE: 1-Jui-08
ESCRI,P•TIUN;= - ~11T1/.~<.::=:~~5'~•~• NLT^;:~U .CO.$TTAL:COST:-
,MOBIUZATtON { 1 LS 50 000.00 50 000.00
REMOVf ASPHALT 5444 SF $7.00 55 444.00
REMOVE CURB _ 3 LF 312:00 $36.U0
REMOVE LIGHT POLES Q EA 1 500.00 0.00
REMOVE TREES 0 FJ\ $176.00 $0.00
REMOVE ELECTRIC PEDESTAL "Z EA 2 000.00 000.00
EROSIOIV CONTRBL 1 LS 3 500.00 $3 600.00
TRAFFIC CQNTROL " 1 LS $3,000.00 • $3,000.00 -
EARTHWORK 15948 CY 20.Q0 318 980.00
. { ~tw%:.iS~CS
~»iaa:'3S~iJL{.~`.~r,'.~','•r"o'.~~-c.tla?`a`i~`s«'~:!i~ti~.71•~b*.'~.a5 `iY. .
ASPWILT " 781 TON 5.00 $50 785.00
CURB AND GUTTER, 1122 - SF $35.00 $38 270AU
SIQEWALK 8168 SF $12.00 $98 018.00
8" PVC SAN. . 951 _ LF $42.00 $39,942.00
SAN. MH 9 EA .000.00 OOO.OD
SAN. SVC. - 21 FA 300.00 $6 900.00
CONNECT TO EX SANITARY 0 EA ` $3,500.00 $0.00
8" PVC AT. 1025 LF - 35.00 35 875.OQ
WATER SYC. 21 EA $650.00 $'E 3 850.00
-FH ASSEMBLY 2 EA $5,000.00 $10 W0.00 '
• FI7TINCiS 18 CY 500.00 $9,000.00
-GATE VAWES . 4- EA $1 00.00 4 800.00 .
• CONNECTTO IX WAIER 1 EA $3,500.00 3 600.00 _ RETAINING WAI:C . 18.8 _ CY _ 600.00 . 11 80AQ ,
TO S014 STRIP_ _ 2S1'1 CY $8.00 $20,888.00
TOPSOIt REPLACE 1065 CY 8.00 ; S8 620.00
TOTAL: $781,766.00
CANTINGENCY: $117,264.90
ENGINEERIIdG S£RVICES: $54,723.82:
, (SURVEY AND GEOTECI~
TOTAI: $863,764.62
;~:ri:.~-~=.~'~~~USTNIVABIGITYrAC:9'ERPG417E?:;:'~,>~:~~, ~<:~?s ~,::~.•ii <~~?v~`~~~:.:~"?
DETEIZTION POND _ 3 EA - $20,000.00 560,000.00
OUTLET STRUCTURE 3 EA _ 17 000.00 51 000.00
TOTAL: $111,040.00
CONTINGENCY (1596): $16,850.00
ENGfNEERfNG SERV(CES (736) $7,770.00
(SURVEY AND GEOTECF)
, TOTAL OF ALTERNATE: S135,420.00
ASSUMPTIONS:
1. NO BASE COURSE UNQER PAVEMENT
2. 7" ASPHAL7 THIGKNESS
3. WEIOHT' OF ASPHALT TO BE 110 LBlSYftN
' 4.60 ON EACH WATER AND SANITARY SERV{CE
6. ASSUME 1' THICK RETAItdING WALLS AND 1' BELOW GRAQE
8. PRICE OF DETENTIDN POND IWCLUDES GRADMG
7. PRtCE OF OUTLET STRUC'fURE INCLUDES STRUCTURE AND '
AN ASSUMED LENGTH OF 106' OF 36' CNiP CUI.VERT
8. 8" DEPTH OF TOPSOIL
9.10% COMFACTION FACTOR FOR FILL . ,
.
VAII, CHAMONIX COST ESTIMATE
SCHEME 3 - VILLAGE & NEtGHBORHOQD
21-1u1-08
Descri tlon SF. $/SF ' Tofal
OM'10N A
Stick Butlt Constniction 87,936 $320.00_ $28,139,520.00
- OPTION B .
Off-Slte, Factory Built Construction 87,436 $240.29 $21,130,141.44 '
Assamptfons: - - Affordabie Housing Net Livable SF: 87,936 Cost per SF (Stick Buflt): $324.00
Cost per SF (Factory Built): $240.29 Unit Mix: Number , Sq. Ft. 'rype 9 768 1-Bedroom 32 1,292 2-Bedroom Flat -
0 1,333 2-Bedroom Loft :
16 1;460 3-Bedroom
. 10 1,632 3-Bedroom Duplex
Total Unit Count & Square Footage: 67 87,936 , Density: 19 du/acre
Site Coverage (Footprint): 48,280 19%
Impeivious (Paved) Surface Area: 49,240 20%
Site Coverage (Bufldings & Paving): 97,520 3996 _
-
) . .
' j •
:
VAI4 CHAMONIX UIHDSCAPING COST ESTIMATE
SCftEME 3- VItUIGE & NEIGH80(tHOOD
]3•1u1-08
pettrl Ton Unlt Makrfal Inst Toial
PED6TRIAN
Concrcte5ldewalk-4'thkk,4'wlde 7663 S.F. 7A 11 $140,999.20
Ragstona - v3/4', gravel base, sand beddtng 3658 S.F. 13.1 9.4 5g7y299•60
ConxrMaPavet-4°x8'M21/4" 13602 S.F. 8.6 4.8 $182,266.80
satr:-wsc tn place,s rtse. o En, 2231 sos $0.00
; ; 65.60
PedestrlanSubWU1
RfT/UNING WALlS
Dry Set -[0 6', $250/tory 1'6' thltk 0 LF. 199 875 $0.00
Mortar5et-tob',S250/ton.I'6`lhkk 751 LF. 199 17 5207,276.00
laetsintn ' VYalb Su6toul ~ . . . .
FfNpNG
Virryt Covercd Chafn IMk -4' 197 LF. . 4.87.,, 1.65 $1,I64.61
:
Fent Su6total . ,
SRE LLGHTING
Eurotlque, Qark-Sk1e;, lA', aluminum pole IO FA. 2720 , 1p0 $37,?00.00
-
: 7
Suhlatai
TRAFFIC CONTROLS
Concrete Bollatds 2 EA. 750 90 $3,680.00
HipMnumityTrafAcSfgnsge 4 E4. 55 13.65 $274.60
TraffteControl5ubtotal
SrtE fUWRLSMNGS
Benches-8', cteel frame, flr seat 7 E0. 530 B7S $4,322.50
Traah Recephcle - 30 gaL 7 EA. 300 15 S2.20SM .
Slte Fumbht Subtotal
IRRIGATION
PapUpSproy-18'Sqwro 25I58 S.f. 0.16 0.47 $15,91254
„
. 15912.54
Ir' atioii 5u6totai i t:.: ;
TREES AND SHRU65
Acpen(PopuUtttremubides)2' 0 EA. 269 $0.00
Gsmble Oalc (Qnercus Bambeffl) 45 30 EA 49 $1,470.00
oogwooa (s.ndo sarua) 3-41 o Fa se #o.oo
Mowtain Mahogany (Cercoarpus mentenus)p5 25 EA. 37.99 $949.75
Wood' s Rose (Rosa woodsll) AS 0 EA. 3999 $0•00
a,oxackarry(r.ausvlrginiona)2" 20 en. zes S5,40.00
MouneaFn Maple (Aar gtsbrum) GB' 15 EA. 199 $2.985.00
NarrowleotCottonwood(PopulusangVStdfoUs)2' 1] FJ1. 249 $2.739.00
tVder (AInYS Irrcsna) p15, 4' 18 EA. 119.99 $2.159B2
Servkeberry (Amelanchkr slnNolia) 15 0 EA. 34.99 $d=
Sumrtfk Grcen Ash (Fnxlnus pemsylvanke) 21/2° 9 EA. 374 $3.966.00
Blue SDruce (Pkes punBens) V 0 EA. 299 $DAO
Pinyon Ptne (P(nus edulb) 5' 26 EA. 219 $5.694.00
imeeiWrah (unvmdw~~ svr,.) as so E+. a7.~ $l,a~so
lunlper l5tbina monoaperma) 5' 15 FA. 249 $3,735.00
.
lYeessnd5hrub5abeoLi . . . . . . • 478.D7
GROVMOCOVER
n,rf (bluegrass) Zszsa S.F. o.as S11,35S.s9
Aspen drass Seed Mbc 0 Ibs. B S4-00
Xetk 6nss Seed Mb 10 Ibs. 12 $120.00
. . ~
W^onnetorusubtotal ; , •
FORBS
Indian Pairtbrush (CastfileJa sPR)4° ud. 300 E0. 5.75 $S75.00
Galden Astar (Meterothew Nlloss) Ni 0 EA 6.75 soxo
Wvine{wpinussrgentevs)loeaIa so EA. 3.85 S1e2.50
Gpidenrod (SoUdago app.) SO cu. In. 0 FA 2.85 $0.01)
Flrercracker Pemtemon (Pmsumon eatoniq 10 w. In. 100 EA. 2.85 $2115.00
$0.00
HERBALEOUS $0.00
Coiorado Columbine (Aqultegla aarulea) lOcu. fa 0 EA. 225 $0.00
Suaw6erry (f»garla vlrglnlana ssp. avaUs) 2.5" 0 EA. 2.85 $0.00 '
WMteGawninm(Gersnlumrbchardsonttl) 20cu.In. 0 EA. 4.85 10•~
ShowY 0*!ry (Efteron spedosus) 100- EA 2.85 $?85.00
< .
Forbs & Heibaceods Sabtotal ' ` ;
Tree Ples
ET Everpeen,4k13/4', 91 EA. 91S 113 $18,609.50
74 Dedduous, 2-1/274•1/2' 128 EA 36S 64S .$12,928.00
Tkii Pltu ...S.
' ' 537.50
btotal . ' . : , . . .
TOTAI: 751059.93
CONTlNOENLY 15% : !1 658.99
TOTAI: 5863.710.92
va4 cHannoNIX -TOTa. cosrsunnnnasr
FIRE STATION PARCEt 23-Ju1-08
Scheme 3, 2Story Schetne 1, 3Story Scheme 2; 2 Story Scheme 2, 3•Story I Schema 3, 2-Story Scheme 3, 3-Story
N INE RIN
Site Preparation 544,309•00 $44,309:00 $94.309.00 544:309.00 $44.309.00 $44,309.00
Earthwork $30,000:00 $30,000.00 $30,000.00 $30,000.00 $30.000.00 $30,000.00
Improvement Installation Site Work $153;094.00 $153,094.00 $153,094.00 . 5153,044.00 $158,301:00 $158,301.00
Engineertrg subtotai 5W.ao3.oo 5227Ao3.a S227AMoo $227,403.00 $732.610.00 $232.610.00
Engineering Contigency 534,110:45 $34;110:45 $34.110.45 $34.110.45 $34,891.50 $34,891.50
Engineering Services (Survey & Geotech) $15;918:27, $15,918.21 $15,918.21 $15,918.21 $16,282.70
..,,w. .
z -w°_s r j vv: •v. ;~°'°+cr~t°"•fi nY"a $16,282.70
~ . j . R..,-,-~ ;;,:,•n
wx X•, n` l P ~'3h2 ,1` rr.
`S"W.... ~6 . 27?~'~ ~r~~" • "~'iy°~ ~ ~
277 . , 9 a
CONMUCrION
Optton A COSTS
,
2 Stories $3.864.000.00 $3.864,000.00 $3,864.000.00
aPTION B
3-Stories (with Dormitory) $5,520,000.00 $5,520,000.00 $5,520,000.00
~i0 ~~~~b11E~.Vii~;4=~~t~3z+•~?.'~k'yi!gPr;'<:?,c,%.~S.i ; tt ' CV°.£.`r3'a,..3e w',' `:Sj"'1'-- t'"",
60
-n.~..... ;
LANDSCAPING
Pedesuian $0.00 $0.00 $0.00 $0.00 $0.00 50.00
She Lightin8 $7,425.00 $7,425.00 $7,425.00 $7,425.00 $7,425.00 . $7,425.00
7rafflcControls 5137.30 S137.30 $137.30 $137.30 $137.30. $137.30
5ite Fumishings $932.50 $932.50 $93250 $93250 $932'S0 $932.50
Irrigation $0.00 $0.00 $0.00 $0.00 $0.00 $0,00
Trees and Shrubs $0.00 $0.00 $0.00 $4.00 $2,244.00 $2,244.00
Ground Cover $8.00 $8.00 $8.00 S12.00 , $1100
Forbs & Herbaceous $O:OQ $0.00 $0.00 , $0.00 $0.00 ' . $0.00
7ree Pits -$0.00 $0.00 $0.00 $0.00 $606.00 $606.00
, LandsqpingSubDOtal $8,502M $81502.80 $8.502.80 $8.502.80 $31.356.80 $11.356.80
Landscaping Contigency (15%) $1,275.42 '$1,275A2 $1,275.42 $1,275A2 $1,70352 $1,703.52
oteiLandscapTnBCost . $9.778.22 '.59,778.12 $9.778.22 $9.778.22 533.060.32 ! $33,06032
. .
-i41?. ,±o,v..~;~. •r.~~:.;,,.r:`~err~a.'M.~'h'.;~i°i ~sia,.z;'~:s~ ~ u:,~;sH` . v w. ;88 ff.~.~in~`:88 iH~':'`'t~~t#~$`4': :~t.;i~•r';~':~55' ~ Q3`.8$'-`;:;;;i.f~~.~fi~~' 60 ` ` 52
c~-. ys ,
_~a_.,.__ , ' r ~ O5 ~'+17 "4'• ~ ~OS' F' > ~ $;'F ~...r..._... 1* r ' E
_`c""'t .i.I.,..J4..L.~ ~ '.iCdrs~~._I?~,~ !_._L __J.~i • « /w.. ~`2......
. S11M~J1~:t:E~ ,F+,~,' '~t ,w~~1i3~fi~3t:J'?i~~~."~ z:s".t u ;7:,~r --y' y c'~
'/~tll mi'.057 ~ HG4TIONr~Fi'sir?'=;±c~~?r 'W'~al: ~f±~ :74
;i.'3; ,~Ti836.
:
PROJECT: R7094 "
DESCRIPTtQN: VAIL, CHAMONIX FlRE STATION EWGINEERfNG ESTIMATE
DATE: 1-Jul-08
SCHEME 1-ALIEY & STREET SCHEME 2- NQGHSORHOOD CWSfFR
IRE ~p +nNv~ cp~pTw}~v/~'R
:~.f,:fl:.2_`i:._]:N:C.I•~~7~ d~u~:~'F ' T n 0 ~4 . (3 ~y4~Y"AL:,1F.:T'1~f'rt~«'+2+~:'Y.u~,{;.~:1~ "d'\:;..iGl1l.YF_PM.IV.II:Y[UAT~. Sfw,-~
- REMOVE ASPHALT 28273 3F 57.00 28 273.00 H. REMOVE ASPHALT' _ 28273 SF $1.00 - $28.273.00
REMOVE CURS 503 LF $12.00 $6,038.00 - REAdOVE CURB 603 LF $12.00 $6.038.00
REMOVE.LIOHT POLES 9 EA. $1,600.00 $4 SOO.OU REMOVE UGHT.POLES S EA 1 600.00 $4.590.00
REMOVE TREES 20 EA $175.00 600.00 REI410VE TREES 20 EA 176.00 $3 500.00
_ REi1AOVE ELECTRIC PEDESTAL 1... EA $2,000.00 $2 OOO.OQ REMOVE ELECTRIC PEDE3TAC" 1' EA' - 2 000.00 52 000.00 ,
-'EARTHUVORK - 1600 _ CY 520.00 $30,000.00 EARTHVYORK - - 1500 ' CY .00 $30,000.00
~
~'._.~.:~x.t
p;Aa,..: u; ~y~«
.C~,~ 000• `.CY.
Y~^~~ ; . . CY
ASPHALT 938 -'TON $65.00 0 840.00 ASPHALT' -..936 TON $65.00 $60 840.00
CURB AND GUTTER 1384 _ LF_ $15.00_ $48,440.0~ CURB M!D QUTTER 1384 LF $35.00 $48,440.00
8' PVC SAN. 237 LF $4200:. _ $9 854.00 8' PVC SAN. 237 LF $42.00 59 •00
3/1N. MH . 2 EA $5 000.00 $1QOD0.00 _ SAN. MH 2 EA, 5 000.40 _--510 000.00 •
--=.ssoo.oo
snrr. svc. 1 en . $300.00 oo.oo _ snte. svc. I EA $300.00-
CONNECT TO IX 3AMTARY 1 EA $3,600.00 $3.500.00 CONtdECT TO EX SFWITARY. t EA $3,500.00 _ $S D.00
8'. PVC AT. 208 lF $35.00 90.00 _ 8' PVC RT. 208 LF ' .OC S7 0.00
WATER SVC. 1 EA 5650.00 5650.00 _ WATER SVC. 1 EA $650.00 $650.00
FITTIN0.S 2 EA $500•00 S1 0•OQ =-FI7TINOS 2 EA S600.00 $1,000.00
_.QATE VAl S_ 1, E11 $1 00.00 1200.00 OATE VALVES 1 EA $1,200.00 $1,200.00
RETAINlNB' ALL 10 CY $600.00 000.00 RETAIN1N0 WALI. 10 CY S800.00 '$6 000.00 ,
TOPSOIL STlZIP- 300 CY S1k00 400.00 TOP&OIL STRIF-- 900 CY S8.00 . $400.00
TOPSOIL REPLACE 200 CY $B-00 $1600.00 TOPSOIL REPLACE 200 CY S8.00 $1,600.00
TOTAL: $227,401.00 70TAL: $227.403.00
CONTINGENCY (1596): $34,110.45 CONTINGENCY (15%): $34,110.46
ENGINEERINO SERVICES (796): $16,91821 ENf3lNEER1NG SERVICES (746): $15,918.21
~8URVEY AND l3EOTECHI , (SURVEY ANO GEOTECH)
- - TOTAL: 5277,431.66 TOTAL: E277,451.66
SCFiEMf 3 - VILSAGE & HElGH80AH00D ,-mas:,t.sfa...« ,r s~+o? ,1 ^
:~'YE:;:•~.`a~ .,L"~'»~{ ,~i"L,..'`~~J.~~^'.~, . ~.~~+'a~X'sti. ~,.ri`~ .
REMOVE A3PH/LLT 28273 SF $1.00 $28 273-00
REMOVE CURB 503 LF 12.00 038.00 ' ASSUMPTIONS:
REMOVE LIGMT POLE S EA $1,500.00 600.00 1. NO BASE COURSE UNDER PAVEMENT
REMOVE TREES ZO EA . 5176.00 600.00 2. T ASPiiAI.T TFOQI(NESS •
REMOVE ELECTRIC PEDE3TAL 1. EA- $2 000.00 $2,000.00 3. WEICiH'f OF ASPHIILT TO BE 110 LBlSYAN
EARTHWORK 1500 CY $20.00 $30,000.00 4: 6S ON EACH. VIIATER AND SANRARY SERVU B. ASSUME 1' THICK RETAINING 1NALLS AND 1' BELOYV G
. r tN, iTn1•''~a~,l,~,+N"u:n. F'C4~.?': . . j.: ~K: '
r~i~ NV~~" S. BRICE OF DETENTION POND INCLUDF.S GRADfNQ
ASPHALT 886 TON $65.00 $62.920.00 7. PRICE OF OUTLET STRUCTURE INCLUDES STRUCTURE AND
CURB'AND O TTER 1280 LF. _ S9b.00 545150.00 AN ASSUMEO I.ENOTH OF 107 OF 36' CMP CULVERT 8" PVC 203 LF 2.00 528.OD S. 8" DEPTH OF TOPSOIL
SADtr H' ' 2- - EA S5 000.00 ' $10,000.00 8.1096 COMPACTION FACTOR FOR Flll
SAN. SVC. 1 EA - .00 S300.00 .
CONNECT_30 IX 3ANITARY 1E/1 800.00 $3 500.00 '
8" PVC AT. _ 233 LF $35A0 S6155.00
WATER SVC. _ 1 EA $060.00 $850.00
FITTIN0.S 4' FJ1 5500.00 000.00
- OATE VALVES 9 EA 31 0.00 S 600.00 -
- CONNEGT SO EX WATEt 1_ EA .00 500.00
RETNNtNG WAIL.:- 10 CY 0.00 000.06
TOPSOIL STRIP_ ' 90D CY .00 400.00 ,
TOPSOf! REPLACE 280 CY .00 $1 800.00 ,
" TOTAL: 5282.810.00
CONT1Nt3ENCY: 594,891.60
ENOINEERINO SERVICES: 518,282.70
(SURVEY AND O£OTECH)
TOTAL: $283.784.20 .
i.
,
VAII, CHAMONiX COIYSTRUCTION COST EST{MATE
FiRE STATION ,
22-! ul-08
Descri tton SF $/SF Total
• Optton A
2-Stories 14,000 $276.00 $3,854,000.00
OPTION B
3-Stories (w(th Dormitory) 20,000 $276.00 $5,520,000.00
Assumptions:
Fire Statfon Square Footage:
2-Story Design: 14,000
3-Story Design (with Dormitory): 20,000
Cost per SF: $276.00
,
+
VAII, CHAMONIX 4ANDSCAPlNG CAST ESTIMATE
flRE STAl10N PAFtCEI
23•Jul-08
qTY. Q7Y_ QTY. Unft Material Inst. TMaI Totai Total
Oescrl tion. SCHEME 1 SGHEME 2 SCHEME 3 SCHEME 1 SCHEME 2 SCHEME 3
PEOESTRIAN _
ConcrMe Sidewaik - 4" thlck, 4' wlde S.F. 7.4 . 11 $040 $0.00 $0.00
Flagstona -v3/4', gravel base, sand bedding S.F. 13.1 9.4 $0.00 $0.00 $0.00
ContretePaver-4'k8•x21/4" S.F.. 8.6 4.8 $0.00 $0.00 $0.00
Staus - cast in ce, 5 rlser EA. . 223 505 50.00 $0.00 $0.00
P~Citrla~tiU 1.?r.:~!~::•.µ"~~`«:`~~r~.4`-a'x;c~-`^'m;?:~;;;r!:;c:i,:.,.°.~~«ti~~: :~:~«-°7~.F -'~;:i''~ ~`~~A'.r?'r'Ia=`~+`c''".~-~i:'e~~ `"s~_~~5:'~~`.'« ~°.S.'> ,-_-r.~•v~,E-+~c- ~ -
SITE 4GftTiNG.
Doubte arm, 20' industdal 3 3 3 EA. 1425 1050 $7,425.00 $7,425.00 $7,425.00
a x?u~.• y.••~~y ~,pC..~ ' ,y'.".i' x ~s1`., rx~:?v -w-r• -v-:~-,^,,C :t-'
vi~5''S°k R~n'~ 'a~Y"'..a',~.~N..•~3~'-. ~-~E~x
TRAFFu coNrnou
Si~.so
Hlgh-IntensltyTrefflcSfgnage 2 2 z . Fa . 55 13.55 5137.30 S137.30
a~ey~'G,w'- ti•;ti;,y~ :a^i~~':%fi:b 4Fi~'." `'.o- St.•~. .
TfA~~' llf.i~OJ Y ; ? ",a.'Y§'a.,~.^".."~'e-+i~:~t.xLax.~+., etl't"e ysc.M '~ia%- w:~., 37~0 ~~c 30 .....c 137:30 .
SfTE FURNL%p1i65
Bertches - B', steef ireme, flr seat i 1 1 EA. 530 87.5 $617.50 $617.50 $617.50 ,
Trash Receptacle - 30 gal. 1 1 1 EA. 300 35 $315.00 $315.00 $313.00
y.~ L• 4c^ px :Cr': '_'a:'~~ ' "1'~s~~W.'Y:' ' ,.~Sfi'.:.:,Y,4i?' ,``.~Y*~x""~.1:.~~Y -•^.`g`_ _ .T~F*T " ~~~`i:'~}j'L;.; ,j?~:a" ':'14~:~ y ~_2l-~a*•..'-`'r,'.q
mRwnnoN rop up s ra r„- square s.F. o.u 0.47 $o:oo $0.00 ~.no
y;
~1:1:^"'.~ »v~-v-
1 6to~1.'4.~T•'l.'.,:'~i'<~;~~rixaa:~ ~~i:~`_i~?.:~i~ ~~,`'a~'.:s~t -•-s~:~.:1 ..k.,:^ :-n ,.,.~."4a~.-..~:.,'Le t~~f'ay~:.f.',~x-,-'t -r??a?' =:u;:~ <a.~~•"~~a,:
TREES pND siRU65
asPen (PoPun,s vemutmaes) 2^ EA. 269 Saoo $0.00 So.oo
Gamble Oak (Quercus gambeltf) 85 EA. 49 $0.00 $0.00 $0.00
Dogwood (Swlda sertcea) 34 EA. 59 $0.00 S0.00 $0.00
MouMahn Mafiogany (Ceroocarpus moManus)q5 EA. 37.99 . $0.00 $O:OQ $0.00
wood' s Rose (Rosa waodsli) MS EA. 39.99 $0.00 $0.00 $o•ao
Chokecherry(Padoivlrgimana)2" E?. 299 $0.00 $0.00 $0.00
Mountafn Maple (Acer glabrum) 6.8' EA. 199 $0.00 $0.00 $0.00
Nanmvleaf Cottonwood (POputus angusttifoila) 2' EA. 249 $0.00 $0.00 $0.00
/Uder (Alnuz incana) 975, 4' E0. 119.99 $0•00 $4-00 $0.00
Servkeberry (AmelancMrs alNfolia) AS EA. 94.99 S0•00 $0.00 $0.00 ~
Summit Green Asli (Frmcinus pennsyHanlw) 2112" 6 EA. 374 $0.00 $M00 $2.244•00 _
elue Spnece (Ptces pungau) 6' EA. 299 $0.00 $0.00 $0,00
vinrn atr,a (ahw: eaun:) s EA. 219 $0.00 S0.00 $0.00
Rabbftbrush (thrysothamnus spA•) 95 EA. 37.99 $0.00 SO.OC $0.00
luni er(Sabina mr~nzn~asgp~e-rma)5' EA. 249+~~-,._ $0.00 $(.D0 $0.00
;k.1c+-.~'~.;:'.~':•'rr~~'.^.~x'p,:'uuT:E~;i y~y~y~.,;is'i'~~'~ ~':'«y".'~^-~~i .~::rC:~S;7.ty1L .0'~'3`5,.i`'*~'3t''T~,",d.'-~.'', tt~.i3.'~t"-.~SaF..-:•i :~~s^di~~~%S':L ~"'iw~'.`::a'< QO i:'+. •
GROUNDCOVER
Turf (biuegrass) S.F. 0.45 $0.00 $0.00 S0.00
' m Grass Seed Mlx 1 1 Ibs. 8 $8.00 $8.00 $0•01)
Xeric Gross Seed Mhc i fba 12 $0.00 So.00 $12.00
.~A1 .~O~t2~,~f1~~.d3~~'~.. ~'~r~~'z~ `rq'a - a.7y,a-~w v: +n '"u`^~'' 4a;rgt~ w ~ r:a.•;,
Sk'~"3C~!%
izaa~~;.P~.'-"s'Lu~-'au'~ • .4s5'!~n c40. ~w~ay"a~ ,~o-n".., ,~.-~'..':i!':: = 127A
FORB$
.
Indian Patntbruih (QastUiela spp.) 4' std. EA. 5.75 $0.00 $0.00 $0•00
Golden Aster {Heterotheca vdlosa} qi EA. 6.75' $0.00 $0.00 $D•OQ .
Wpfne (LUpinus argeoteus) 10 cu. tn. EA. 3.85 S0•00 $0•00 $0.00
Goldenrod (SOpdago app.)10 cu. in. EA. 2.85 $0.00 $0.00 SOn . .
FlreKtBtker PenstemOn (Penstemon CatOnil)10 a. )n. EA. 2.85 50.00 $0.00 $0.00
$0.06 $0.00 $0.00
HERBACEOVS $0.00 $0.00 $0.00 `
tolorado CotumbMe (Aquilegta wetulea) 30 tu. ln. EA. 2.85 $0•00 $0•00 $4•00
SvawDerry (Fragatla vlrgtMana ssp. ovatls) 2.5" EA. 2.85 $0•00 $0.00 $0.00
'
WAtte Geranwm (GeranWm rkbardsontli) 10 cu. In. EA. 4.85 $0.00 $0.00 $0.00
Shoxry Dalsy (Erlgeron spedosus) - EA. 2.85 $0.00 $0.00 $0.00
~ii~8~-llerba°C+~o'~`is'T'31162ti`taiz`,`-;~;~'.~~:,~= - - z„r;;~~~•. y~~....-~.~:~ ,;,x:.:~•~;~r x~,r~~r:,;;7pz;~-~,~ a~+~, sa.c-Y• <.-tyN.~h. .~~ui'~.$+.
Tree Ptu
6-7' Evergrten, 01-3/4, 0 0 0 EA. 91.5 113 $0•00 $U.00 $0.00
70Dedduous, 24/2ki-112' 0 0 6 EA. 365 64.5 $0.00 $0.00 $606.00
«'s_+,.,. -C.,r+ ct:.- 2.FW.-..-
fle8.. ..-.r..` ~.~,~:..xitr..a.''.~~.~'a.4ri~ :r:x..~?-•.{i,;c ~_....~?.'Na:' r'#:~,:•ii:'" 4„ -~Sk ~;'JYp :~a . .
00
TOTAL• Ss.sozso $8,502.80 gii,ssc.so
CONTINGENCY 1596 : $1275.42 Sl 275.42 $3 70352
TOTAL: $9.778.22 $9.778.22 533.060.32 ,
, 4 Attachmenf F
sv
.
sTaN cLausoN AssociaTEs iNc landscape architecture. planning. resort design
A,,
y.
12 North Mill Street Aspen, Colorado Si6ii G970/925-2323 F•970/920-1628
- '
info@scaplanning.com wwwscaplanning.com '
Chomonix Site Affordable Housing Master Plan,
'Advisory Committee Meeting, 17'July 2008
. Meeting Notes
, On 17 July 2008, th"e Chamonix Site Master Plan Advisory Committee met to
hear presentations on sustainable design concepts, factory-built
construction techniques, receive an update of the site plan options, and to
formulate a final set of recommendations to be given to the Town Council
at their 5 August 2008 meeting. Scot Hunn (Town of Vail) gave the .
presentation on sustainable design concepts. Pat Fenton (Fenton
Construction) spoke about factory built construction. Gilbert Sanchez
(Studio B), Stan Clauson, and Patrick Rawley (Stan Clausorn,Associates, Inc.)
spoke to the site plan options. ,
' 1. The presentation on sustainable design concepts outlined three. standards used in certifying a project sustainable: LEED, Green Globe,
and Energy Star. Scot discussed #he kienefits of sustainable design and
spoke of the commitment that the Town of Vail has macie to promoting
sustainability but asked what Vail's current commifinent to sustainability
with this project was. A question was asked concerning sustdinably
cerfified projects in Pitkin County and adclitional cost for cerfification.
Gilbert-used the Aspen Middle School as an example. Gilbert informed
the committee that the project was'submitted for LEED Gold
certification. The added cost for such level of cerfification was $125,000
or less than .5% of the cost of the project. It was discussed whether
'
• a
.
!
Chamonix Site Affordable Housing Master Plan
Advisory Committee Meeting, 17 July 2008 .
Meeting Notes, Page 2
sustainable certification of the project could be applied for by Town of
Vail staff. (Scot is currentl,y working on his LEED accreditation.) There is
also a possibility that a LEED accredited professional has offer their
services to the Town of Vail at cost.
,
2. Off-site factory-built construction, or modular construction, was
discussed in light of the sustainability presentation. Pat informed the
committee of the benefits of off=site construction. Pat described how .
off-site construction uses materials that are less noxious, uses recycled
materials, and incorporate energy saving components: Pat has been
working with a particular manufacturer that has designed and built their
units to LEED silverspecifications. Pat informed the committee that the
maximum width of the off-site constructed units are generally limited to
17 feet.8 inches, as transporfation costs increase substantially in units
wider than this.
3. The target ma,rket identified for the proposed clevelopment is between
60% and 120°6 of AMI, though 140% is not'excluded. This translates to
$155,000 to.$335,000 maximum purchase price of the units.
4. Altemative methods of financing were discussed. The first, the Mineral
Impact Grant, is,a.grant to municipalities and other governmental
entities that are impacted by mineral and rriineral conversion industries.
The second, a Vectra Bamk financing program, is based on 100% pre-
sold units and 100% pre-qualified buyers. .
5. Gilbert reviewed the three schemes, citing number of units, unit mix,
density, site coverage (footprint), impervious surface area, site
coverage (building,and paving), and site sections, as well as . , conceptual landscape schemes.
. ,
. ,
Chamonix Site Affordable Housing Master Plan Advisory Committee Meeting, 17 July 2008
Meeting Notes, Page 3 .
A vote was held on entrance location and design. The southern
entrance scheme shown on Villagel Neighborhood, combining entry
with the service 5tation, was rejected as it would increase congestion
and traffic interference. -
A vote was requested of the committee to identify the favored scheme.
Six voted for the Village Neighborhood, four voted for Alley Street and
none voted for Neighborhood Cluster. The committee'offered additional comments on the iridividual schemes. It was noted that Village Neighborhood needs an emergency
tumaround on the east end. A question arose concerning the necessity
of a water tank. It was also noted that the Village. and Neighborhood
parking structure did not allow for drive through capability and that.the
addition of structured parking may not be worth the additional unit
gain.
It was stated that Alley and Street scheme was.less expensive due to not
: . using structured parking. Alley Street was also recognized as having
more open space amenities for families. Alley Street does have the
preferred drive through capability.
. 6. . Discussion followed on the topic of LEED Certification or other similar cerfification. One comment questioned whether the development ,
could be sustainable without paying for.the certification. Another
comment voiced that cerfification could be an effective marketing
tool. Another comment noted that the development could set the tone
, for development in Vail. Another comment stated that sustainable
design would be a benefit to those living in the development.
A vote was requested of the committee to establish the support for
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Chamonix Site Affordable Housing Master Plan
Advisory Committee Meeting, 17 July 2008 ~ Meeting Notes, Page 4 ' .
certification and sustainability. It was unanimous to seek to create a
sustainable development. The vote was seven to one for cerfification. ~
7. A vote was requested of the committee to support the use of off-site
construction methods. The vote was unanimous in favor of off-site
construcfion.
8. The findl recommendation favored the Village Neighborhood
altemative, but that all three sche.mes should be brought forvvard to the
• Town Council. A new name for the Alley and Street scheme was
requested.
, Chamonix Site Affordable Housing Master Plan
Advisory Committee Meeting, 17 July 2008
Meeting Notes, Page 5
I `
MEMORANDUM
TO: Town Council FROM: Community Development Department DATE: August '5, 2008
SUBJECT: Second Reading of Ordinance No. 15, Series of 2008
(Electrical Code Ordinance)
. Applicant: Town of VaiL .
. Staff: Martin Haeberle, Chief Building Official . L , DESCRIPTIOYd OF°THE REQUEST
The applicant, the Town of Vail, is requesting a second reading of Ordinance No.
15,' Series of 2008; an ordinance amending Section 10-1-2, Adopted Codes, Vail
Town Code, in order to adopt the 2008 National Electrical Code; and Section 10-
1-9, Electrical Code Amendments, Vail Town Code, in order to .adopt
amendments to the 2008 National Electrical Gode, and setting forth details in
regard thereto. . '
The Vail Town Council can approve, approve with : modifications, or deny
Ordinance No. 15, Series of 2008, upon second reading. .
II: BACKGROUND
The National Fire Protection Association,(NFPA) has updated the National Electrical
- Code. and has approved the 2008 edition,: also adopted by the.State of :Colorado as .
of August'1, .2008. While most changes made were insignificant, an amendment requiring increased use of arc fault circuit interrupters will increase the cost of
° building a new residence. The current adopted edition only requires these protection
. devices in sleeping rooms(i.e. bedrooms) while the new 2008 edition` will require
them in more rooms, creating an additional safeguard againsf electrical fires: The
average new residence may require 15 or 20 of the:device at $150 each. While the
change.may seem like a financial burden, the benefit is that.the protection provided by these devices will significantly reduce the fire potentialt in the home from faulty
-
wiring.of home appliances such as lamp cords:
On July 15, 2008, the Vail Town Council unanimously approved Ordinance No. 15, ~
Series of 2008, upon first reading.
III. STAFF RECOMMENDATION
The Community .Development Departmerrt, recommends. that _the Town Council
approves Ordinance. No. 15, Series of 2008, upon second reading.
IV. ATTACHMENTS A. Ordinance No. 15; Series of 2008 _
Attachment A ~s
ORDINANCE NO. 15
SERIES OF 2008
ORDINANCE 15, SERIES OF. 2008, AN ORDINANCE AMENDING
SECTION 10-1-2, ADOPTED CODES, VAIL TOWN CODE, IfV ORDER
TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION
10-1-9, ELECTRICAL CODE AMENDMENTS, VAIL TOWN CODE, IN
ORDER TO ADOPT AMENDMENTS TO THE 2008 NATIONAL
ELECTRICAL CODE, AND SETTING FORTH DETAILS-IN. REGARD .
THERETO.
WHEREAS, the National Fire Protection Association amended NFPA 70,
commonly referred to as.the 2008 edition of the National Electrical Code; and
WHEREAS, the State of Colorado will offcially adopt the 2008 edition of the
National Electrical Code on Augusf 1,,2008; and .
WHEREAS, the Vail Town Gouncil finds that the proposed amendments further
the development objectiyes of the Town of Vail; and
WHEREAS, the ' Vail Town Council finds that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the- coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality. NOW,, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The pu_rpose of this ordinance is to adopt the 2008 National Electrical
Code. (Text that is to be deleted is Sb+skem Text that is to be added is
bold. Sections of text that are not amended may be omitted.)
Section 2. Section 10-1-2 is hereby amended as follows:
10-1-2: ADOPTED CODES:
G.. Electrical Code: The national electrical code, 299~ 2008 edition, is
hereby adopted by referience. The national electrical code is published
by the National Fire Protection Association, lnc., One Batterymarch
Park, Quincy, MA 02269.
Section 3. Section 10-1-9 is hereby amended as follows:
10-1-9: ELECTRICAL CODE AMENDMENTS: The following amendments
are hereby made to the national electrical code, 2405 2008_edition:
' A. Article 110.80 - Multi-Family Dwelling Units. Article 110.80, Multi-
Family DwelJing Units, shall be established as follows:` In multi-family
dwelling units, no electrical wiring or feeder cables shall pass from
one unit to another. Common walls and common spaces shall be
exempt from this requirement
8. Article 230, Part ll - Overhead Service-Drop Conductors. Artide 230,
Part ll, Overhead Service-Drop Conductors is hereby deleted in its
,
,
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entirety and replaced with the following text: Overhead services shall
not be permitted within fhe town of Vail.
C. Article 230.32 - Protection Against Damage. Article 230.32, Protection
Against Damage is hereby amended to add the following text.• (a)
Underground service shall be installed in approved conduit. from the
° utility transformer to the electric meteNdisconnect switch, and to the
- main circuit breaker (service entrance). D. Article 250.52 - Grounding Electrodes. Artide 250.52 sha11. be
amended. to include the following . text: .(C) For- new construction;
electrical services shall be bonded to a concrete encased electrode. -
. Where the water pipe is metal;: it-shall a/so be bonded within five feet
of water entrance. E Aiticle 300.5 - Underground Installations. Arficle 300.5, Underground
lnstallations, is hereby amended to add the following text:, All
underground electrical wiring of 920 volts or more shall be installed in
PVC con'tluit. Minimum depth of 18 inches from the top of the conduit
. and waming tape is required per the-N€~.
F. A?ticle,. 310.5 - Conductors For :General Wiring. Article 310.5, ,
Conductors For General Wiring shall hereby be amended to add fhe
following text: Aluminum wire or copper, clad aluminum wire smaller
than #8 AWG shall not be pemiitted: •
G. Article 334.12 - Uses Not Permifted., Article 334.12, Uses . Not _
Permitted, is hereby amended to add the following text:
c) Type , NM. Type NM cables shall , not be used under the following r
` conditions:
(1) Any buiiding containing occupancy._groups A, B, E, .F; l, M, S, as
-defined in 2003 intemational building code.- .
H. Artide 410.4(D) - Bathtub And Shower areas. Article 410.4, Bathtub
And Shower Areas, is hereby amended to add the following text:
Fixtures in bathtub and shower area shall be rated for the use
(damp/bvet location) and shall have a lens on the fixture trim.
. ,
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Section 4: The adoption of the 2008 National Electrical Code shall be
effective for all permit applications received by the Town of Vail, Department of
Community Development, Building Safety and Inspection Services, on or after August
18, 2008. •
Section 5. 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, su6section, 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 6. The Town 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.
Section 7. The amendment of any provision of the;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 ot 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 8. 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 1e day of Juty,
2008, and a public hearing for second reading of this Ordinance set for the 5t' day of
August, 2008; in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
- ATTEST:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 5t' day of August, 2008.
, - Ricfiard D. Cleveland, Mayor
• ATTEST:
Lorelei Donaldson, Town Clerk
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RESOLUTION NO. 15
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE SUMMIT COUNTY GOVERNMENT FOR
THE PROVI310N OF EMERGENCY DISPATCH SERVICES STAFFING; AND
SETTING FORTH DETAILS 1N REGARD THERETO.
; WHEREAS, the Town-of Vail (the "Town"), in the,County of Eagie and State of
Colorado is a home rule municipal corporation duly organized and existing under. the
laws of the State of Colorado and the Town Charter (the "Charter'); and
,
WHEREAS, the members of the Town Council of the Town (the "Council°) have
6een duly elected and qualified; and
WHEREAS, the Town and Summit County Govemment (the "County") desire to
enter into intergovemmental agreement for the Town's provision of extra-duty `
dispatching staff to the County and subject to the terms set forth in the attached Exhibit
_ A; and -
. WHEREAS, the Town and the County, . each maintain and operate radio_
communications systems for the transmission and dispatching of inessages relating to
. fire and/or police protection and other public safety senrices; and
, WHEREAS, the County is currently in need of additional emergency dispatching staff at the Summit County Communication Centec.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: 1. The Intergovemmental Agreement for the Provision of Emergency Dispatch
Senrice Staffing, attached as Exhibifi A hereto and incorporated herein by this.
reference, is approved by the Council.
2. The Town Manager is hereby authorized to execute and deliver; on behalf of
the Town, the Intergovemmental Agreement in substanfially the same form
as approved by the Council.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 5t' day of August, 2008. Dick Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 15, Series 2008
.
I
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR TIiE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Intergovemmental IGA for the Provision of Emergency Dispatch Services
Staffing (referred to hereafter as the "IGA") is made and entered on this day of
, 2008 by and between the TOWN OF VAIL, a Municipal Corporation (the
"Town") and SUMMIT COUNTY GOVERNMENT, a political subdivision of the State
of Colorado, on behalf of its Summit County Communications Center (the "County").
Town and County shall be referrai to herein together as the Parties.
WITNESSETH
WHEREAS, the Parties each maintain and operate radio communications
systems for the transmission and dispatching of inessages relating to fire andlor police
protection and other public safety services; and
WHEREAS, the County is currendy in need of additional emergency dispatching
staff at the Summit County Communicadon Center; and
WHEREAS, the Parties are authorized to enter into intergovemmental
agreements pursuant to C.R.S. § 29-1-203; and
WHEREAS, the Parties desire to enter into an intergovernmental agreement for
the Town's provision of extra-duty dispatching staff to the County; and
WHEREAS, the interests of the public are best served by the Parties entering into
an intergovernmental agreement for the Town's provision of extra-duty dispatching staff
to the County.
NOW, THEREFORE, in consideration of the mutual benefits that will inure to
the public and the Parties, and the mutual covenants, agreements and promises set forth
hereinafter, the Parties hereto agree as follows:
1. Obligations of Town. Town will assign to County, upon County's request and on
an as-available basis, one or more of Town's qualified dispatch employees to provide
dispatch services for the County at County's Summit County Communications Center.
The sole responsibility of Town employee(s) while assigned to County shall be to
provide usual dispatch services in accordance with all applicable professional standards,
including answering 9-1-1 emergency phone calls, answering non-emergency phone
ca11s, and providing resource assignment and monitoring of law, fire, and medical units.
2. Obligations of Countv. County shall make requests for assignment of Town
dispatch employee(s) at least seventy-two (72) hours in advance of the time of
• 1
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assignment. County requests for assignment of Town dispatch employees sha11 be made
by the County,Commuriications Director to the Town's Communications Director, or
their respective designees. The County may cancel, the assignment of a dispatch
employee only on a minimum of three (3) hours notice. The County is responsible for a
two (2) hour minimum assignment. 3. Comperisatioa. The County will compensate the Town at the rate of $37.00 per
hour per dispatch employee. In addition, should the shift last longer than originally
scheduled, or circumstances require, the dispatch employee to stay "on site later than
originally scheduled, the County is responsible for such additional compensation. Each
Town employee assigned to the County shall maintain a time record in the form of
Exhibit "A", which time record sha11 be completed and initialed by the employee at the
end of the shift, and presented to the Summit County Communica.tions Department
Director ("County Director"), or his designee, for review and monthly billing. The
County Director shall prepare a montlily invoice for Town dispatch employee, hours and
present the invoice to County Finance Department. Invoices shall be paid to Town
within. thirty (30) days of the date they are` received by~ the County Finance Department
and a copy of the invoice shall be included with the monthly payments to Town.
4. Emeraency Availabilitv: Any Town dispatch employee shall, at a11 times while
assigned as provided in Paragraph 1, be available to respond to any incident occurring
within Eagle County which, the Vail Communications Director (or his. designee)
~ determines . in his/her sole discretion, to be an emergency. In the event of such an
emergency response, the dispatch employee sha11, if so requested; promptly return to the
premises of the County after cessation of the emergency.
5. Relationship of EmDloyee. Town dispatch employees assigned to County; as
provided in Paragraph 1, shall at all times remain in the employment of the Town acting
within the performance of his/her duties and the scope 'of his/her employment with the
Town.
6. _ Release of.LiabilitY - Insurance To the extent allowed by law, the County, on
behalf of itself; its officers, and its employees, hereby releases the Town: and its officers
. and employees from and waives any and all liability; claims, and demands for damages of whatsoever nature, including without limitation claims arising from bodiljr injury, -
personal injury, property loss or damage, which arise out of this IGA, or aze in any
manner connected with this IGA. To the extent allowed by law, the County further
' agrees to indemnify; defend, and hold harmless the Town, its officers, and its employees
for any, uninsured or, deductible costs, including without limitation the cost of any
judgment or settlement and the costs of deferise includirig attomey's fees, incurred by ttie.
Town; its officers, or its employees in connection with any claims of third parties against
the Town, its officers, or its employees which arise out of or are in anymanner connected with this IGA. The Town agrees that "so lorig as this IGA is in effect it will maintain
general liability insurance.
' v
7. Term and Termination of IGA. This IGA is effective as of the date first written
above and shall remain in effect until such time as either Party, on ten days notice, has
terminated it.
8. Notice. Notices given and invoices submitted by the parties hereunder shall be in
writing and delivered to the appropriate below stated address by hand, certified or regular
U.S. Mail. Either party may from time to time designate in writing substitute addresses or
persons to whom such nodces shall be sent.
Jack Benson, Director Joe Ribeiro, Director
Summit County Communications Dept. Town of Vail Communications Dept.
P.O. Box 4188 75 S. Frontage Road West
0227 C.R. 1003 Vail, CO. 81657
Frisco, CO 80443
9. General Terms and Pmvisions.
A. Independent Contractor. Town dispatch employees assigned to work for County
hereunder are not employees of the County. Town dispatch employees assigned to
work for County hereunder are not entitled to worker's compensation benefits or
unemployment insurance benefits unless paid for by Town and Town is obligated
to pay federal (including social security) and state income tax on any monies
earned pursuant to this contract relationship. Town is responsible for complying
with all employment laws and insurance laws relating to its own employees.
B. Governmental Immunitv. Nothing in this IGA shall be construed against any
party hereto as a waiver of the limitations on damages, or as a waiver of the
privileges, immunities, or defenses provided to, or enjoyed by, any of the Parties
under common law or pursuant to statue including, but not limited to, the
Colorado Governmental Immunity Act, Section 2410-101, et seq., C.R.S. and
Sections 24-32-2604, et seq., C.R.S. .
C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this IGA, if any personnel of a Town dispatch employee
assigned to work for County hereunder is injured, disabled, or dies outside the
Town's jurisdiction as a result of performing services, said individual shall remain
covered by Town, and eligible for Town workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual
would otherwise be entitled if the injury, disability, or death had occurred with the
Town's jurisdictional boundaries.
D. Prior Agreements. The terms of this IGA sha11 supersede the tenns of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County. This IGA shall not affect or supersede
any other agreements, including mutual aid agreements between SCHMT
members except as such agreements relate to assignment of Town dispatch
employees to work for County.
E. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by a11 the parties to this IGA. No modification or waiver of this IGA
or any covenant, condition or provision contained herein shall be valid unless in
writing and duly executed by all parties.
F. Authorization. The signatories to this IGA affirm and warrant that they are fully
authorized to enter into and execute this IGA.
G. Whole IGA. This IGA embodies the whole agreement between the Parties
regarding assignment of Town dispatch employees to work for County, and there
are no inducements, promises, terms, conditions or other obligations made or
entered into by the Parties other than those contained herein.
H. Successors and Assigo. This IGA shall be binding upon the Parties hereto, their
respecrive successors or assigns. Neither Party may assign, delegate, sublease,
pledge, or otherwise transfer any rights, benefits, or obligations under tlus IGA to
any party without the prior written consent of the non assigning party.
1. Anvronriation of Funds/ Multi -Year Contracts. Payment pursuant to this IGA,
whether in whole or in part, is subject to and contingent upon the continuing
availability of each of the Party's funds for purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by a Party, the Party
may immediately tenninate this IGA. The obligations of the Parties hereunder shall
not constitute a general obligadon indebtedness or multiple year direct or indirect
debt or other financial obligation whatsoever within the meaning of the Constitution
or laws of the State of Colorado.
J. Severabilitv. All agreements, covenants and terms contained herein are severable,
and in the event that any such agreement, covenant, or term is held invalid, by a
court of competent jurisdiction, this IGA shall be interpreted as if such invalid
IGA, covenant, or term were not contained herein.
K. Anvlicable Law. At all times during the performance of this IGA, the Parties
herein shall strictly adhere to a11 applicable federal, state and locallaws, rules, and
regulations that have been or may hereafter be established. All work and services
performed under this IGA shall comply with federal, state and local laws, rules
and regulations. This IGA shall be interpreted in all respects in accordance with
the laws of the State of Colora.do.
L. No Benefit to Inure to Third Parties. This IGA does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or bring any
. lawsuit, action or other proceedings against either Party because of any brea.ch
hereof, or because of any terms, covenants, agreements or conditions contained
herein.
M. Counterparts. This IGA may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instruxnent.
IN WITNESS WHEREOF, this IGA is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY
COMMISSIONERS OF
gy SUM1ViTT COUNTY, COLORADO
Stan Zemler, Town Manager
By
Gary Martinez, County Manager
(AFFIX TOWN SEAL HERE)
AT°TESTS:
Lorelei Donaldson
Town Clerk
i' .
.v -
EXHIBIT "A"
. AGREEMENT FOR THE PROVISION OF
- EMERGENCY DISPATCH SERVICE STAFFING
the County: _
ADDRESS: - -
COIVTACT:
CONTACT -
,
DATE WORKED HOURS WORKED
DISPATCHER:
SIGNATURE.
,
_
,
6QWOTI DEPARTICENT OF TRANSPORTATION
Town of Vail Meeting
July 22, 2008
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~ear oF rnn~vowranoH
The State's Assets
• 9,156 mile highwaY sYstem
• 3,754 on-system bridges
• 1,700 miles of guardrail _
1 . -
• 1,800 signalized intersections ~ • 180,000 signs
• 6,000 miles of ditches
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DEPARTMIENT OF TRAPISPORTATIOIV
Replacing An Aging System
Wood Bridge S.E. State Highway NW 1_25
Colorado Colorado Denver - Wyominn
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betrnreen 2000 and 2006
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DEPARTMENTOFTNANSPORTATIM Poor Roads a n d Bridges,
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SURFACE CONDITION ~GOOD BRIDGES IN POOR CONDITION AND
(CURRENT) ~ F~R Y' REQUIRING REPLACEMENT
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~ Region poiat _ • Ratisg Feet'ns af 4008 "District DistAict
3 170 ELEBKD . . 168.7d2 I US 6, RR; FAGLE RNER 44' SD Welded Gbder Cmdssnsaw, ConVasi 26,501 ; Not Pmloamim - d - 56 OB
~ 3 170 BdL. WBtID 168.723 I US 6. RR; EACLE R1VER - 45 SD SBelded Guda Caad'mwas, Campasi . 26,490 NaR Pogamned . 56 OB ' .
CO . .
a 3 I70 SFRVIICE RD 133,481 I COIARADOR1VER SR 45 3'SD _S teelTlna lhus ° 9,257 - Not PmgramnEd 56 OB
„ 3 US6M[. 150."IEAGLERIVER 469 SD S4elT1au'IIuss . 4,123 OttStip 56 OB
i. a Colorado "Poor" rated bridges 125
YA Poor bridge is one with a sufficiency ra6ng of less than 50, and is designated as Stnicturelly Deficient •A Poor Stiucturally Defrcient (SD) bridge is one that iequires
(SD) or Functionally Obsolete (FO) reacfive maintenance to ensuie it is safe. A,Poor Functionally
•Sufficiency Rating is a scale from 1 to 100 with 100 being ihe best. Obsolete (FO) bridge is one that no longer meets the needs of
the fraft'ic on/or under it
V1 - -
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~Hwy 6, I-70, Hwy 82, Eby Creek, Road, 1-70
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Bridge data 2008, Road data 2007, Congestio» data 2006 (Volume-to-Capaciry =85%)
,
OT
OePART4IENT OF TNANSPORTA110M
Sources of Transportation Funding
~ CDOT Budget ~
~
+ i , . + Other
Fees and
Tickets
Vehicle
22¢/gal. registration
18¢/gal _ fees
, + -SB 1
Excess General Fund
DEPARTMENT OF TRANSPORTATION
F Authorized
Federal Funds Federal fundJ.ng fa"cing same crisis as stateo
. . $529.7 Mil6ion • More fuel effici:ent cairs anO rc ' . ising gas prces
Original TC
res u lt. ~ - i~n less driVing,
Bua9et .
$427.8 9111illoon . •'CDOT's FY'09 Budget is nearoY $
200 m~ill~l~i:o~n
Adopted TC ~ -
less.tha'n Congmss a, h~
Bud9et ut orezed
.
$337 OIAcIBeon ~ Less buying (inflation),
power . .
•
State Gas Tax Rernains S#eady as Prices CBimb
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Fuel Tax Reven,ues
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1990 1991 1992 1993 1994 1995 1996. 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Year
<
~
6abLOMTJ
DEPANIYENT OF 7RANSPORTATION '
Economic Forecast for Transportation
- *Office of State Planning & Budg~et Forecast: June, 2008
General ~
Fund Totals $600
2007-08 $500
$927 Million `
$400
General $300
Fund Totals $200
2009-10
$402 MIllOOfI $100 '•r. : -
$0
General 2007 2008 2009* 2010* 2011* 2012*
Fund Totals Actual Unaudited
2011-12 El S. B. 97-1 ¦ H. B. 02-1310
$176 Million Dollars in Millions
OT
DEPARTMENT OF TRAPISPORTATIOIV
The Cost of Inflation
• CCI has increased an average of 6.4% per year since
1992
0 $1 in 1992 is now worth <40¢ after adjusting for the CCI
$1.00
$0.80
$0.60
$0.40
$0.20
$0.00
.
Colorado Department of Transportation
Estimated FY 2008 - 2009 Financing System - Distribution by Investment Categories
(Io Millions)
Revenue Non-CDOT
ources Distributions CDOT Revenue CDOT :Bu;d $
1,556.0 $558.3) ~S $997.5
~ ~ ~PToI
7HUTF LEGISLATIVELY APPROPRIATED
' ' . l~• PROGRAM DELIVERY
1$100.3 $37.3
44.2% H,UTF Reepichd ' 2.9%
Adroinistration
~~#sGamia Funds
auTB eo cva~ : ~
$98.~
Tic
M~otaFu~iTa~i ' 8I00.7 . $10 .2 asza.a . 12.90A 8.196
67.1ss - Projeda & Educat[oo
UU7'F.to Connqes . HUTF to C!)OT - .Mafnteneuce (sigieg 8t stripin~ .
, ome? z~,s, tbes . $]56.9 $414.6 - . " oqal Prlorities .
m2 •
s6.a . 201% 53.1% ' .
~:.T.C
: i . - ~Iq,~~ - . ~ . s
Federal ResMcNon Federa! ~ •
Funda $101.9 Obli adoo Funda =•'F ~ u ' j
s529.7 19.2% •oo $427.8 $198.1 30.0% $792.6 $337.1 M9B~TI'Y - TC
36.4% 19.4%
Eohancement, Metro, CMAQ
r.
Maintenance (soow & ice),11'S (investmente)
• S63 SafNy Edaeatioo; 521.0 Traueft; St1.2 Aeroowda: Recional PriOr1lil8
odti S161 I.acal Funds: $98.0 HB02-1310 traufkri
_ $0.7 SB, 51.6 TaOiug Colltetlom. SO Bail Ban4. • r
Senate Bili Senate B II
97-001 97-001
$250.9 $250.9
14.2°Yo
$128.7 $129.7 -
8.3°/a ~ ar~s•rF.~~ . ,Qt~sc:,,m~: ` $"2y9
T~ANS' T$AIVS ' Z~SS%
n •li ueea S"Wa Trsnstt FM1em
pebY
nu«.noo m..la~ oot mdaae eooa P.«aaa. s« rawNS ~e~ ~4~are Be~'viee, YAUtnre ~d~qh~lo P'rog.rapro
eooa chart uaPPUUma TC = Transporration Cortunission Appropriated
Totab may vary aue to rouneing
Tatal Plan Costs 2008-2035
INVESTMENT . • SLIStZlill • •
SCENARIO Foiec ist Re Perforiiiaiice Acconiplish •
TOTAL
INVESTMENT $123B $1766 >$2498
(2008 oouars in swions)
ANNUAL
REVENUE NEEDED - 2009 Doilats in BiUlons
Estimated 2035 State Highway System Performance Outcomes
INVESTMENT •
. . SLIStain
. .
ARIO Cut-reiit o Accotiiplish .
TOTAL $1076
INVESTMENT
(2008 Dollars in Bitlions) $646
CDOT Highway Furuis Only $286
Congestlon* TO Corridor Ysion
(Avetage minutes of Improvements / Modai Choices
daily delay per traveler 22 <22
in congested corridors)
' Maintenanoe
Grade F B B
Pavement 25% so% ~ 75%
Condition Good/Fair GoodlFair ~ GoodlFair
Bridge 60% s5°io 100%
Condition GoodlFair Good/Fair GoodlFair
-0
Safety
(FataliryRateper tOOM 1.26 1,10 1,00"'*
vehide miles haveled)
'Congesfion is one component of the mobility rnvestment category
""Fafalrty Rate may decrease with the passage of a primary seat belt faw .
, .
.
y .
MAY 2008 _
VAIL BUSINESS REVIEW
MWW OF VAIL ~7
.
,
July 22, 2008
Overall May sales tax increased 11.4°Io with Retail decreasing 9.4°Io, Lodging increased 34.0%, Food and '
Beverage increased 20.7% and Utilities/Other (which is mainly utilities but also includes taxable services and
rentals) increased 18.7%.
The Colorado Department of Revenue is holding two no-cost sales/use. tax classes at the Vail Library in August.
A Construction Industry,tax class will be held on August 19, 2008 and a Hospitality Industry tax class will be
held on August 20, 2008. For more information about the classes and information about class registration,
which is required, please visit http://www.revenue.state.co.us/TPS_dir/wiap.asp?incl=contractorclasses and
http://www:revenue.state.co.us/TPS_dir/wrap. asp? incl=hospitalityclasses. .
Town of Vail sales tax forms, the Vail Business Review and the sales tax.worksheet are available on the internet
at www.vailgov:com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed
to you automatically from www.vail og v.com.
Please remember when reading the Vail Business Review that it is produced from sales tax collections, as
opposed to actual gross sales. .
If you have ariy questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-
2119.
S incerely,
~ .
Sally Lorton
Sales Tax Administrator
. ~
,
Ma y 2008 Sales Tax
VAIL VILLAGE
May May May
2007 2008 %
Coliections Coliections Chan e
Retaii 370956 350633 -6.1°/a
Lodging 26,831 219339 -20.5%
Food &
Beverage 569257 589607 4.2% Other 249526 11471 -94.0%
Total 1450570 1179050 -19.6%
VONSHEAD
May May May
2007 2008 %
Collections Collections Chan e
Retai I 129045 119988 -0.5%
Lodging 13,632 209440 49.9%
Food & Beverage 12,607 28,165 123.4%
Other 4,526 29861 -36.8%
Totai 42,810 639454 48.2%
I .
Ma y 2008 Sales Tax
CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL
May May May
2007 2008 %
Coliections Collections Chan e
Retail 88,913 899303 0.4%
Lodging 23,087 479477 105.6°/a
Food &
Beverage 30,552 339529 9.7%
Other 41293 59689 32.5%
Total 1469845 1759998 19.9%
ovr oF ro wn?
May May May
2007 2008 %
Collections Collections Chan e
Retail 4G,287 30,831 -33.4%
Lodging 35838 11060 -72.4°l0
Food & .
Beverage 551 371 -32.7%
UtilitieS & 1609074 2199569 37.2%
Other
Total 210,750 251,831 19.5%
Ma y 2048 Sales Tax
TOTAL
May May May
2007 2008 %
Collections Collections Chan e
Retail 185,201 167,755 -9.4%
Lodgi ng 67,388 909316 34.0%
Food &
Beverage 99,967 120,672 20.7%
Utilities & 1939419 2299590 18.7%
Other
Total 5459975 6089333 11.4%
RETAIL SU1VIMARY - ,
,
May May May -
2007 2008. %
Collections Collections Chane
FOOD 64,732 65,058 .5%
LIQUOR 13,317 14,879 11.7%
APPAREL 15,669 14,108 -10.0°Io
SPORT 14,207 13,165 -7.3%
. JEWELRY 6,154 4,731 -23.1 GIF"T 3,381 2,327 . -31.2%
GALI.ERY . 997 3,420 243.0%
OTHER 66,297 50,020 -24.6%
HOME 447 47 -89.5%
OCCUPATION
,
TOTAL 185,201 167,755 -9.4%
" MEMORANDUM
July 30, 2008
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sa11y Lorton
Re: June Sa1es Tax
On the reverse side please find the latest sales tax worksheet. I estimate I'll collect
another $27,000.00 in June sales tax to bring June collections to $918,570.00. If so, we
will be down 3.6% or $34,447.00 from June 2007 and down 6.1% or $59,691.00 from
budget.
Town of Vall
Sales Tax Worksheet
712912008 .
Month x cn.re. % ce.~w
tas~ tsse tass zooo zoot aopp
:ro,• - ~ _ 2002 ~ ~ ~ 2W 2007 e~wr C°IIectfn"' v.~s"w 2ppY ~ar
Jan - - . . . . . , - • ba=.~ ~
2,Ob2 689 2,115,359 2,088,469 2,034,628 2,210,547 2;073,481 1,987;091 2;226,841 ' 2,275,887 2,697,985 2,783,308 2;857,079 ' 2,871,701 114,822 6.77q(, 4.01%
~~a 2.089;873 2,153.121 2.021.486 2.223,870 2,388.321 2.281.833 2;111.183 2.382.826 2:428,377 2.627;130 2.718.643 2.780.702 3.088.310 275.808 12.79% 88%
2,580,992 2,388,077 2;415;202 2,646,673 2,588,871 2,899,664 2,372,842 2,344,178 ' 2,785,101 2,862,964 2,988,446 3,185,808 3,326,886 180,287 11.3796 6.08%
AptO 874,427 1,107,334 952,843 828,771 1,043,431 870,876 871,488 992,157 916,664 1,280,324 1,330,740 1,286,006 1,084,107. (771,8981 ' -17.78% -13.68%
MeY 329,783 382;718 370,884 388,121 448,234 414,248 428,818 411,686 458,770 449;283; 646,874 680,317 826;000 84,883 14.60% 11.54%
CS`~F
June 830,388 833,400 882,811 721,774 761,438 867,707 742,755 732,1,13 834,913 " 806,382 963,017
ss~ ; 978.281 891.670 188;6911 -8.45% -8 011, - .8896
Total . .r . . - ~ ,
8,557,810 8,780,009 g;619,886 8,840,436 8,388;843 8;887;808 8,624,338 9;088;708 9,899,882 10;613,038 11,318,028 11,817;972 11,874;683 ~ 368,811. '
~ 5.80% 3.07%
Ju - - ~ '
1.043.837 1.107;882 1.130.883 1.235.470 1.157.887 1.044,888 1.076 632 1.128.614 1.168.183a 1.266.243 1.285.781 1.288.143 AijBust 1.073.430 1.183:928 1:060.004 1,038,618 1.124.276 1,084.318 1.029.448 994,446
993,985 1;066;814 1,162,748 1,193,373
Ss tember 837,831 736,608 808,800 817;313 747,788 713,574 878,208 767,033 786,807 832,648 808,378 832,237
OMober 472,836 516,631 638,204 647,201 488,670
484,425 608,092 632,637 688,173 814,398 888;619 704,751
Novernher 707,188 868,588 682;280 891,445 571,783 842,283 591,289.
823:848 713.117 798.582. . 747.877 790.281
~
Deeamber 2.2b4,709 2.070.834 1.883.806 2.082,206 1,933,940 2,138,417. 2,17.1.088. - 2.382.096_ 2;649:032 2,77.1.268 2.821'.87,1 2.892.283
~
w
TO~~ 14,747,419 15,030,388 14;609,421 15,232,688 16,411044 16,108,801 14,678,983 15,488,978 18,463,879 17,841,880 .-18,913,138 19,400,000 l
r
,..OS.oS,d$ C-5
.
July 29, 2008
i
Dear Town of Vail Council Members, -
I am writing regarding the path just west of the
Solaris project, which accesses the art galleries -1 . . and shops just above the main street. This path :
_ is the only public right of way which accesses
~~~ted to the galleries and shops behind the shoe store. encouragingthe Due the tree's roots, the pathway hos become
. r.-:.
growtYi and expansion difficult for delivery drivers and hos become
of recreation programs unusoble to people with limited mobility.~°~~ ancl services for people
wd#h disabilites Currently, this path has been blocked off with ,
caution tape for-safety reasons? We would like
to know what the plan is for finding a timely
1202 Crary Horse Circle solution to reinstoting this path. If this is private
Edwards, colorado 81632: property, we hope that the Town of Voil con do
something themselves or encourage the
970-926-3222 office property owner to find a solution to this issue.
During the winter, this path is not kept clear
which limits the public's art & shopping "
experience in this area of Vail ViIlage. We
would like to see this completed by winter.
I assume that once Solaris is built, that a heated path will be
available but to wait until the project is done is unreasonable. We
hope that the town can take some responsibility regardless of who
owns this property.
This is o difficult area to access because no signage exists indicating
an accessible route that has stairs in every direction. I would be I
happy to assist in making that happen. Thank you for your time and
Sarah tAlill commitment to our community. '
Executive Director
.'e
Sincerely,
Sarah Will _ Director
sarah@axsvail.or4
970-390-2096 c
- k . ~
-
(AJS
a
_4lon.n..ap.Mmn gUuctum
_NatPublic Specea +300
Q
v
40 p
~~Q , ~ /i , °p• a `
4
Wat Llon~h ad P~rlchfa j / L Llonchead Re dll
~~r~ne: 1 eo,oao~
~varn+,e~s~. .~oo
rararFuru~: 2e0,000 8f a , .
l
I~C)
/j-~
~v?
L N If
ac Ford PeM
~
~ L'~ ~ ~ U , ~d`-;! ~ ~ Nef puWk Speces: r300
~ 71
Q
u ~Vall Villeue ReWi
Fx,sii'n9' 300,0o0 sf
n
p- Tofef fufure: 350,000 ai
o
0
MulaPurpose
Czi~ io,ooo-zo,ooopeopia
p~ ~
cl? °
,i o o
w..e uonsnad
lltt Acceaa
6cisGng: -0% 2,500 people
~ Future: -B% Elonshead LIRAaesa
Erisfinq: -46% 'z-
/ Fufure: -43'Yo
, 47 l ~
r~n~eak ~oo~e.,
'Fufure: ^7% '
+7 R 1 Ceecada Llft Acceaa
Existing: -c}y,
fulure: -<195
3 q (
~~v
Vail ParkinglRetaiilAccess Distribution
~
O~.D5.0~ t~JS
Frontage Road Car Counts (highest to lowest)
Season 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
1208 910 1420 829 1207 891 1001 1070
957 800 1073 485 950 596 576 812
921 781 893 462 717 590 525 751
787 738 871 459 510 581 442 749
786 641 768 381 461 580 358 675
709 609 681 369 459 493 331 673
707 583 661 320 417 462 295 549
705 520 565 300 386 447 282 479
631 472 564 210 325 418 257 451
10th da 621. 424 513 205 323 404 226 417
615 421 512 181 315 396 214 416
608 406 490 173 287 391 193 410
571 390 410 102 264 349 169 398
558 385 407 69 240 335 168 368
15th day 541 367 381 214 303 132 365
521 364 351 209 299 96 324
500 351 330 200 287 91 324
480 342 321 195 235 82 310
421 308 288 187 235 82 309
418 304 287 169 222 76 294
387 288 275 168 205 70 287
382 280 251 163 184 283
374 277 235 156 183 281
349 259 203 115 183 260
339 249 189 104 164 246
321 246 184 . 158 243
304 229 180 139 238
287 221 168 95 214
282 204 138 54. 213
274 174 70 202
267 165 191
254 134 177
204 114 173
200 113 171
188 98 168
110 50 167
95 163
161
120
120
118
95
92
69
68
8
Total Cars overFlowed 17882 13217 13679 4545 8741 9879 5666 14672
Avg # cars on the road 483 367 456 325 350 341 270 319