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2012-02-07 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 7, 2012 TOWN OF AQ9 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM /TOPIC: Citizen Participation (15 min.) 2. ITEM /TOPIC: Consent Agenda: 1) Resolution No. 8, 2012; Subway Agreement - Matt Mire 2) Resolution No. 9, 2012; IGA - Bald Mountain Berm /ERWSD - Chad Salli; 3) Resolution No. 10, 2012; IGA - Underground Electric /ERWSD - Chad Salli; 4) Resolution No. 11, 2012 IGA Amendment - Matterhorn Bridge Replacement /CDOT - Chad Salli; and 5) EHU Exchange Approval - Nina Timm. (5 min.) 3. ITEM /TOPIC: Proclamation No. 2, Series of 2012; "One Book, One Valley" (5 min.) PRESENTER(S): Lori Barnes /Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve Proclamation No. 2, Series of 2012 BACKGROUND: A Valley -wide reading program initiative called One Book, One Valley; sponsored andsupported by the Towns of Vail, Avon, Minturn and Eagle, will encourage literacy and the shared enjoyment of reading throughout Eagle County. 4. ITEM /TOPIC: Town Manager Report: Update on Vail Transporation Center; Shuttle /Taxi /Limousine Services (5 min.) PRESENTER(S): Stan Zemler 5. ITEM /TOPIC: Vail Local Licensing Authority vacancy appointment. (5 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint one member to the VLLA at the evening meeting to complete the term of a vacancy left by a board member who moved out of town. The applicant was interviewed at the work session on February 7, 2012. 2i7/2012 STAFF RECOMMENDATION: Appoint one person the the VLLA board which term ends May 31, 2012. 6. ITEM /TOPIC: Town Council update and request for comments on revised Ford Park Illustrative Plan in preperation for submittal to PEC. (45 minutes) PRESENTER(S): Todd Oppenheimer, Jana McKenzie, Jack Zehren, Tom Braun ACTION REQUESTED OF COUNCIL: Please see attached memorandum. BACKGROUND: Please see attached memorandum. STAFF RECOMMENDATION: Please see attached memorandum 7. ITEM /TOPIC: Vail Golf And Nordic Center Architectural Design Contract Award (20 min) PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into a contract for the rchitectural design of the Vail Golf and Nordic Center Project BACKGROUND: The Vail voters with passage of the conference Center fund question provided funding for the Vail Golf and Nordic Center project. The town requested proposals and evaluated the proposals. See attached memo from Hunn Consulting regarding the selection process. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a contract for architectural design services with Zehern Associates for $273,000. for the Vail Golf and Nordic Center Project. 8. ITEM /TOPIC: First reading of Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto (PEC110067). (45 min.) PRESENTER(S): Rachel Dimond, Tom Braun 4 ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 1, Series of 2012, upon first reading. BACKGROUND: On January 30, 2012, the Planning and Environmental Commission held a public hearing on a proposed rezoning of the Ski and Snowboard Club Vail from Ski Base Recreation District to Ski Base Recreation 2 District and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 4 -2 -1 (Rediker, Pierce opposed, Cartin recused). ITEM /TOPIC: Ever Vail - The Community Development Department 2/7/2012 requests that the following Ever Vail applications be tabled to February 21, 2012. Major Subdivision A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/un platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011) A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 20111 A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011) A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10 -19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) (5 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 21, 2012 public hearing. BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). 2/7/2012 Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 21, 2012 public hearing. 10. ITEM /TOPIC: Adjournment (8:30 p.m.) 2/7/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Citizen Participation 2i7/2012 Lorelei Donaldson From: Andy Daly Sent: Monday, January 23, 2012 5:34 PM To: dave kraft Cc: Council Dist List; Stan Zemler; Dwight Henninger Subject: Re: local transportation report for new Mayor of Vail - A. Daly Susie, I will bring it up during Matters for Mayor and Council since I believe we may not be looking after our guests in a manner that is consistent with our objectives. Your personal experience is a perfect example. Andrew P. Daly ADaly(a)-vailgov.com On Jan 22, 2012, at 12:27 PM, Andy Daly wrote: Dave, Thank you for your comprehensive comments on the current state of the late night Vail transportation situation. I have passed your comments along to the Council and to key town staff so we may schedule a discussion during one of our work sessions to determine if there is a better way to provide reliable, safe late night transportation for our guests. If three offer members agree that we should be looking into it it, we will do SO. Andrew P. Daly ADaly(a)-vailgov.com On Jan 21, 2012, at 4:57 PM, dave kraft wrote: Dear Andy This report could be titled Acrimony and Chaos: The Vail Taxi Mafia War of dirty tricks to sabotage the luxury limo industry. The big losers of the war are the traveling public and Vail's image as "world class ". The late night fight for a taxi is a disgrace to our town. I have solutions and a desire to implement them. I just got a vivid flashback of a TV commercial you did for Copper Mountain when you were the boss over there. You skied up to the camera and had the guts to say if people did not like the skiing there, they could get a refund at the window. I really admired the courage to do that when the conditions were poor at the time. That said integrity to me and much more... Copper Mountain became the standard bearer of standing behind a ski experience. I know you care about the impressions people depart with of their trip here. I certainly do. Visitor memories are only as strong as the weakest link. What if everything about their trip was terrific except for the one night they decided to stay too late for the last bus home? And it turned into a fight for survival of the fittest where the most aggressive and hostile individual succeeds in getting his group home safely. For people who don't enjoy confrontation, it's an incentive to stay home and not spend extra money in town. Is that what we want for our merchants? Our visitors would naturally assume Vail is world class in every aspect of the show including late night travel options. Once they saw the scrum line of cab hailing, why would they ever want to be part of late night again unless they drive themselves? Is that what we want, more Willie Weavers at the wheel? If I was a first time visitor with my wife, I would avoid late night in Vail altogether after seeing the disgraceful scrum line (cab cue). I wish I could make every late night tavern owner understand that. Instead of a pleasant transport interface, your customers are confronted with an angry mob of left behind travelers who would sell their sister for a ride home. I know it's not the impression anyone wants to see people leave with. Yet it happens many nights during ski season. It's been that way a long time and no one but me seems to care about solving it. I was the only one offering a serious solution who saw the freak show of what was going on at VTC and thought it so bush league. I thought fist fights over cabs was bad for Vail's image in a general sense - known for doing things first class. Taxi drivers doing milk runs at rush hour is the greatest detriment to swift travel there is. Milk runs maximize driver profit at the total expense of time efficiency. Milk runs are multiple drop location cab trips where the driver "milks" the passengers for all they are worth and groups that don't know each other are mixed without their approval. High Mountain Taxi tacitly forces shared rides because they don't always ask permission of the first group to load. If the driver asks politely, the first loading party usually grants permission if the other people don't look like insane ax murderers and it does not inconvenience them. Most people don't know the area well enough to assess inconvenience factor. They rely on the driver to be honest about the extra time it will cost their party to help strangers out. That's why in Colorado, the PUC gives first loading party in a cab the right to refuse to be loaded with strangers. Every time High Mountain Taxi does not ask permission, it's a major PUC taxi rules violation. And they do it every busy night after buses stop running. Is the Vail Police harassing them, demanding taxi drivers show ID and running their license and otherwise interfering with their commerce? No, the taxi company does whatever they want as a protected monopoly. That's what monopolies do, because they can. At the same time, the cops are coming up to me and my associates with the third world police state ID checkpoint. When they all know who I am already, it's petty harassment for Jonathan Levine's criminal Taxi Mafia. Levine has a limo license, but operates as a taxi when he takes walk up business. That is technically a PUC limo rule violation. He is the most notorious offender of the violation, yet he calls police and accuses us when we are doing nothing but waiting for customers. Would you ask the Police Chief to stop rousting us at Levine's behest, please? We are PUC licensed luxury limo operators. We have insurance. We have experienced friendly drivers. We drive nice Cadillacs. We are out there trying to make a difference while the Hummers and High Mountain Taxi value money only. If the police continue harassing us, I will file a lawsuit; eventually. But I sure don't want to. Just tell them to stop. Please. I promise the cops they will never receive a petty complaint from me no matter how often Jonathan Levine tries to jam up my gears with fallacious reports. The police must know that while Levine is accusing Black Diamond Cars, somewhere in town his Hummers taxi is committing the very violation he is reporting. It's just an absurd, nutty world when that's allowed to stand. I'm really disappointed the police don't see through Levine's complaints as nothing more than jealous competitor sabotage. The owner of Hummers of Vail - Jonathan Levine is notorious for harassing attractive female customers and taking financial advantage of impaired travelers while his drivers are decent honest people. Sometimes the owner of a company deserves to be fired while keeping his hard working valuable staff. A policeman said that to one of the Hummers drivers on the "down low ". He put it thusly: If his drivers could just find a way to buy out owner Jonathan Levine, they would get their VTC access back. So now Police decide who succeeds in the late night transportation business and who gets targeted for rousting? Taxi Mafia is what that amounts to. I don't cower to it and I never will. It's reached a point of accumulation, where there's no cheek left to turn. It's a pattern of harassment that's gone on years now. I am going to ask you again, please make it stop. Please. Then the High Mountain cab company wants to protect their turf with a vengeance, in spite of seldom supplying the horsepower required at peak demand. The Public Utility Commission frowns on that in a major way and that is the primary justification they use for issuing new cab company permits called "authorities ". The current permit holder does not meet peak demand on a regular basis and does not adequately serve the public need. Everyone knows it. All the locals know it. All the hotels know it, many of which will never call High Mountain again. The limo companies step up to the plate to fill the void left by the cab company's inadequate peak supply. The thanks they get is harassment by police at the VTC. Which brings me to the crux of the biscuit, Andy. I am out there every busy night of the season accounting for 100 impaired visitors safe travel home. The way that I get treated by Vail Police is pretty ungrateful. I got the third world police state ID check point again, last night. I did not appreciate that too much when there was no moving violation involved. My offense was daring to be at the Transportation Center. The audacity of the official car of Vail Resorts being at the transportation center is pretty nervy. We also have a Volvo, the official car of Town of Vail and the Vail Valley Foundation. Black Diamond Cars is the only carrier in the area that uses both Cadillac Escalades and a Volvo, both official cars. Yet in spite of that, we get lumped in with Jonathan Levine and treated like trespassers by Police. The Turtle Rafting Bus gets better consideration at VTC than a luxury limo company. That's a world turned upside down in a place like Vail. Black Diamond has been punished severely for what Levine does and continues to do; creating conflict wherever he goes. He is barred from several hotels in the area because of his attitude. He is an ugly embarrassment to the local limo industry. Levine blocked the entire hotel bus line with his massive vans and refused to move for Cascade and other hotel shuttles. He dared the hotels to do anything about it. The result was getting all limo companies thrown out of the VTC. It was not fair to people like me that try to get along well with all users and have peaceful co- existence. Punishing the entire sector for one operator's abusive behavior is military style justice. Are we in the military, Andy? I thought that now that Dick is no longer mayor, maybe the luxury limo companies that aren't Hummers of Vail could get fair treatment at VTC. Levine is not satisfied with just destroying his company's access to the VTC. He is trying desperately to jam up Black Diamond Cars with Vail Police. He calls up to complain about us all the time. We are just out there trying to make a living and stay clear of Levine. Levine goes looking for trouble and he has manipulated the cops into harassing us for doing nothing but waiting for our customers. It's not right what's going on. It amounts to nothing more than a Taxi Mafia trying to put luxury limos out of business. What does a righteous man do when his accuser is the most notorious offender of the crime and manipulates police into harassing his competition? I guess you write to the Mayor and appeal to his sense of fair dealings. If the Mayor won't do anything than you have gone as high as you can go. I offered solution suggestions in letters to the editor last season as an open forum for public input. But the paper cut off it's online comment section. That was tragic, because the comments to letters to editors is almost as important as the letter itself. The only published response was the cab company owner telling me to shut the hell up. My main suggestion was adopting a more humane attitude toward stranded travelers. The cops heavy presence does nothing but enflame the situation at the scrum line. Give stranded travelers a warm, safe place to wait. Never kick them out in zero degree weather. People that are sitting calmly waiting for a ride tend to get in fewer fights then ones pushing and shoving in a shivering crowd of chaos and acrimony. It is a no man left behind approach. Everyone gets a ride home instead of a ride to jail. Whether they have money or not. I do charity case limo rides when I can to help out someone in need. The generosity of other people allows me to easily accommodate one charity case a night. I know other late night limo drivers do the same on a more limited basis. They don't go looking for a charity case, but if they find one they don't let lack of car fare determine if someone freezes to death in zero degree cold or not. In contrast, High Mountain Taxi does not allow their drivers to do charity cases. In view of that, how is it that limo drivers are treated as trespassers at the VTC and taxis are royalty there? Is it because High Mountain Taxi so perfectly serves the public need for transportation? Obviously not, or there would be no angry mob fighting for cabs and jumping in front of any vehicle that looks like "for hire" transport. Does that sound world class to you Andy? Vail bans their own official cars form the transportation center, what a headline! It's a world turned upside down. Meanwhile, 70 people freeze their asses off without a taxi in sight. It makes perfect sense that I could be rousted by police and fined for taking them home in my Escalade with heated seats and XM radio tuned to their favorite frequency. That's Vail's policy. Does it make any sense at all to you? The taxi company could care less about the frozen masses trapped outside in zero degrees. I care and I want to do something to help them. The other suggestion I had is a late night ride arranger like Denver International has 24 hours a day, 365 days a year. Did Denver International get it wrong? The last time I got a cab at DIA during rush hour, there was zero back log of angry travelers and I could choose my carrier in a peaceful easy line of cars. Contrast that pleasant peak hour experience to Vail after buses stop running. People jumping in front of moving cabs. A man gets arrested for defending his sister who got shoved out of the taxi line by some idiot fighting for a cab. That's so third world, and it's unacceptable to me when it could be so easily corrected. When I was at DIA, I could choose a limo instead of a cab. Or hire a van or charter a bus! With a limo, the traveler gets luxury at a lower price than a taxi in most situations, especially for larger groups. The savvy traveler knows it, the casual traveler does not. If they did, would they still want a mini van experience over a Cadillac Escalade flagship car? Why should any Vail visitor be refused a luxury choice in late night rides? That's just what the Town of Vail has done by outlawing limos at VTC with their policy of police harassment to put us out of business. If one more Vail Policeman comes up to me and treats me like an unwelcome trespasser, I will sue the Town. I don't want to, but if the police harassment continues, I promise you I will. I am asking you nicely to make it stop, Andy. I have been driving for a living here since 1981 and I don't deserve how I have been treated. I am not Jonathan Levine, I have a soul. He sold his long ago, or he never had one to begin with. I am out there trying to make a difference, not just a living. Every year they make it harder for me to survive. No wonder so many old time locals don't live in Vail anymore. It's deals like this that make you wonder if it's worth the price you pay just to be here. I still want to be here. I have a plan for a Taxi Coop of restored semi - antique Mercedes Benz fry oil burning cars. They would exude class and would all be painted a distinctive green color and green light. There is a core of 30 professional cab drivers that would jump at the chance to reduce their gasoline bill to zero. Guess what the emissions reduction would be? 99% reduction in deadly carbon monoxide, arguably the most nasty by- product of transportation. Compare that to buying wind energy carbon off set credits by the ski company. The taxi coop will be proposed to the town and PUC in the near future. The Late Night Ride Arranger Process... The primary mission of the rides coordinator dubbed "LNRA" for late night Ride Arranger is to orchestrate away the angry back log of travelers before it can form. How would that benefit every traveler, every driver and even the police? We could have most every policeman in Vail home a half hour earlier as a side benefit. What if every taxi and limo that left the VTC was packed to the gills with people all going the same place? It would allow almost every driver to return for a second or third load, all going the same place, again. That's a driver's dream run and a chance to double, even triple their last run money over one milk run and serve two or three times the amount of people. In place of a carefully orchestrated travel plan we could just cling to the random chaos of pushing and shoving and conflicts with police. What's your take Andy? Should we embrace a move toward humanity and harmony or stay with the acrimony and chaos of people jumping in front of moving cars and our sisters being roughed up just hailing a cab? I am offering to donate my expertise to getting a ride arranger system going. The late night taverns should help fund the program because they benefit the most from late night visitors. It won't cost much. All participating transport companies would donate one mercy trip a night to help out the poor, the stranded and the lost. That's what real communities do. A late night ride arranger is the solution that could turn an angry nest of hornets into tranquil groups of migrating geese. Eliminate the back log before it even starts. The cops would rarely need to show up there with their entire night force. That allows for peaceful and effective travel interfaces without conflict or police state presence. No carrier should be favored, it should be all about serving the public in the most efficient way possible. That's the way DIA does it and they got it right. All transport companies can prosper under DIA's system of fair competition. The traveler benefits the most with a real choice of rides and priced to suit their group. Convincing the taxi company that the program will benefit them will take some doing. Don't forget the owner does not care how long the frozen mob of stranded travelers waits outside. I care, don't you Andy? LNRA Prime Directive: Serve the traveling public's best interest of timely safe travel and preventing passenger back log. Operating Principles: 1) Maximize total seat capacity available and never send two cars to the same destination half filled 2) Never allow one company to dominate the line (Hummers especially), it is always first come, first served with travelers and drivers alike. 3) Always No Travelers Left Behind, regardless of missing car fare but charity gets served last to keep moochers at bay 4) Never favor one transport company at the expense of another, promote fair competition 5) Line jumping is prohibited and promotes tranquility because every one knows their fair turn is coming This community has the resources to do extraordinary things like the tricked out water effects fountain near Red Lion. I think it's beautiful and adds value especially at night. If we can justify that level of luxury, can't we find the resources to get the bar crowd home fast, before they become an angry mob locked outside in sub zero degrees? Closing the transportation center before the last traveler goes home is just plain mean. It should be open until we pick up the last charity case. We could call it the Ride Angel Program. Maybe it would be more effective if no one knew about it so it would not be a beacon to the moochers. It would help those truly in need. Best Regards Dave Kraft Contractor for Black Diamond Cars a Luxury Limo Operator Lorelei Donaldson From: Karl F. <kfauland @msn.com> Sent: Friday, February 03, 2012 10:37 AM To: Council Dist List Subject: Concern about awarding town projects Dear Vail Council Member, I would like to thank you for your continued effort in the progressing Vail, which is also valid for your staff of all branches of town government! One personal concern I would like to raise are 2 very recent recommendations to you for architectural services on town projects being awarded to Zehren and Associates, a company out of Avon. Knowing for a fact that Pierce Architects has put a lot out of pocket work in these projects to the benefit of us voters liking them, I am wondering if there are very good reasons for these recommendations. If there are not, I would hope you also see their long standing commitment to the community and make your own informed decision in keeping some of the business in Vail. 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K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Consent Agenda: 1) Resolution No. 8, 2012; Subway Agreement - Matt Mire 2) Resolution No. 9, 2012; IGA - Bald Mountain Berm /ERWSD - Chad Salli; 3) Resolution No. 10, 2012; IGA - Underground Electric /ERWSD - Chad Salli; 4) Resolution No. 11, 2012 IGA Amendment - Matterhorn Bridge Replacement /CDOT - Chad Salli; and 5) EHU Exchange Approval - Nina Timm. ATTACHMENTS: Resolution No. 8 Series of 2012 Resolution No. 9 Series of 2012 Resolution No. 10, Series of 2012 Resolution No. 11, Series of 2012 Corrigan EHU Exchange Request EHU Exchange Request Bundled 2i7/2012 RESOLUTION NO. 8 Series of 2012 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND SUBWAY REAL ESTATE CORPORATION; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town "), in the County of Eagle 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 "); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Council wishes to settle a lease dispute with a former tenant and Subway restaurant franchisee; and WHEREAS, the Council's approval of Resolution No. 8, Series 2012, is required to enter into a settlement agreement (the "Agreement "). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves Agreement and authorizes the Town Manager to enter into the Agreement on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7 th day of February, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 8, 2012 2/7/2012 2 -1 -I EXHIBIT A SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement ") is made and entered into this day of , 2012 ( "Effective Date "), by and between Subway Vail Valley, Inc., a corporation with an address of P.O. Box 2342, Edwards, CO 81632 ( "Franchisee "), Subway Real Estate Corp., a corporation with an address of 325 Bic Drive, Milford, CT 06461 ( "Lessee "), and the Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town ") (each individually a "Party" and collectively the "Parties "), WHEREAS, on November 20, 1991, Lessee and the Town entered into an agreement whereby Lessee leased from the Town premises located in the former Lionshead Parking Structure (the "Lease "); WHEREAS, Lessee vacated the premises on or about April 26, 2011; WHEREAS, the former Lionshead Parking Structure was demolished on our about April 27, 2011; WHEREAS, Franchisee and Lessee have each, at various times since April 2011, asserted that they suffered damages as a result of the Town's breach of the Lease (the "Claims "); WHEREAS, the Town disputes that any of the Claims are valid; WHEREAS, the Parties have agreed that, to avoid additional expense and the uncertainty of litigation, it is in their respective best interests to enter into this Agreement to settle and resolve the dispute among the Parties, by way of compromise and without any admission of liability by any Party. NOW, THEREFORE, based upon the foregoing recitals and the consideration set forth herein, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Payment Without admitting liability on any of the Claims, the Town shall pay Franchisee Fifty Thousand Dollars ($50,000). Such payment shall be made within ten business days of the Effective Date. 2. Release In consideration for the payment described in Section 1 hereof, Lessee and Franchisee, on behalf of themselves and their respective officers, directors, employees, attorneys, agents, representatives, parents, successors, subsidiaries and affiliated entities, hereby release and forever discharge the Town and its officers, directors, employees, attorneys, agents, representatives, parents, successors, subsidiaries, and affiliated entities from any and all liability, claims, demands, obligations, actions, Resolution No, 8, 2012 2/7/2012 2 -1 -2 causes of action, and damages, of any nature whatsoever, known or unknown, whether at law or equity, that they ever had or may now have resulting from, arising out of, or related in any way to the Claims or the Lease. 3. Fees and Costs. Each Party shall bear its own attorney fees, costs, and expenses incurred in connection with this Agreement. 4. Representations Each Party represents, warrants, and agrees as follows: a. Legal Advice Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement. b. Authorization Each Party has full power and authority to execute, deliver, and perform this Agreement, and each of them has taken all necessary steps for the execution and delivery of this Agreement. C. No Assignment No Party has previously assigned, transferred, granted, or purported to assign, transfer, or grant any of the Claims. 5. Miscellaneous a. No Admission This Agreement effects the settlement of claims that are denied and contested, and nothing in this Agreement shall constitute an admission of liability or wrongdoing by any Party. b. No Construction Against Drafter Each Party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party. C. Counterparts This Agreement may be executed in counterparts and shall be fully effective when executed by all Parties. d. Governing Law and Venue This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. Integration This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. f Third Parties There are no intended third -party beneficiaries to this Agreement. g. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. h. Modification This Agreement may only be modified upon written agreement of the Parties. Resolution No, 8, 2012 2/7/2012 2 -1 -3 i. Assignment Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by any Party without the written consent of the other Parties. j. Governmental Immunity The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended, or otherwise available to the Town and its officers or employees. k. Subject to Annual Appropriation Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date. TOWN OF VAIL, COLORADO Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney Resolution No, 8, 2012 2/7/2012 2 -1 -4 SUBWAY VAIL VALLEY, INC. By: Its: STATE OF COLORADO COUNTY OF ss. The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2012, by as of Subway Vail Valley, Inc. My commission expires: (S E A L) Notary Public Resolution No, 8, 2012 2/7/2012 2 -1 -5 RESOLUTION NO. 9 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle 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"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD ") is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the ERWSD may decide; WHEREAS, the Town and the District wish to enter into an intergovernmental agreement (the "IGA ") to cooperate in the relocation of an ERWSD water main in the Bald Mountain neighborhood, to allow for deposit of traction sand removed from Vail Pass; and WHEREAS, the Council's approval of Resolution No. 9, Series 2012, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7 th day of February, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 9, Series of 2012 2/7/2012 2 -2 -1 EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR THE BALD MOUNTAIN WATER LINE RELOCATION THIS AGREEMENT is made and entered into this day of 2012, by the TOWN OF VAIL, a political subdivision of the State of Colorado (the "Town "), and the EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado, (the "District "). Collectively these entities are also referred to as the "Parties ". RECITALS WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; WHEREAS, Section 18(2xa) and (b), Article XIV of the Colorado Constitution, Section 29 -1 -203, C.R.S., and Section 32 -1 -1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water, sewer and storm drainage services; WHEREAS, the Town wishes relocate a District water main in the Bald Mountain Neighborhood, to allow for deposit of traction sand removed from Vail Pass; WHEREAS, the District has agreed to contribute up to $10,000.00 (Ten Thousand Dollars) towards the relocation of the water main; Resolution No. 9, Series of 2012 2/7/2012 2 -2 -2 WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project, and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: Cooperation. The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing administration and warrantee phases of the Proj ect referenced in this Agreement and to cooperate and facilitate the combined efforts including but not limited to the execution of any additional agreements, easements, and rights -0f - -way necessary to implement the purposes of this Agreement. Release from Liability. The Parties are affecting this undertaking to achieve mutual benefit, and, accordingly, hold each other harmless pursuant to Section 15 from all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. Enforcement. The Parties agree that this Agreement maybe enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereofwhich results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. Governing Law. This Agreement shall be govemed and construed in accordance with the laws of the State of Colorado. 5. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the Eagle County court, State of Colorado, pursuant to the appropriate rules of civil procedures. 6. Ca ions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. Binding Agreement upon Successors and Assigns. This Agreement shall nun with the land, and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Resolution No. 9, Series of 2012 2/7/2012 2 -2 -3 8. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 9. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand - delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228 -1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 10. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 11. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any Resolution No. 9, Series of 2012 2/7/2012 2 -2 -4 parry, shall not constitute a continuing waiver of any subsequent breach by that parry, either of the same, or of another provision of this Agreement. 12. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 13. Duplicate Originals. This Agreement may be executed in counterparts, each ofwhich shall be an original, but all of which together, shall constitute one and the same agreement. 14. Separate Entity Status. In no event shall either parry, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 15. Indemnification. Each party, to the extent permitted by law and subj ect to all ofthe immunities, defenses and protections afforded to that parry by the Colorado Govemmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 16. Force Maj eure. No parry shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that parry or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alterative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate thi s Agreement and shall not affect this Agreement except as provided in this Section. 17. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. [Remainder of page intentionally left blank] Resolution No. 9, Series of 2012 2/7/2012 2 -2 -5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER AND SANITATION DISTRICT Lo Linn Brooks ATTEST: TOWN OF VAIL Lo Stan Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attomey Resolution No. 9, Series 2012 2/7/2012 2 -2 -6 RESOLUTION NO. 10 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT FOR THE BURIAL OF HOLE 7 OVERHEAD ELECTRICAL LINES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle 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"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD ") is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the ERWSD may decide; WHEREAS, the Town wishes to bury the existing overhead electric lines near the Vail Golf Course Hole #7 ( "Town Project "); WHEREAS, the ERWSD wishes to make improvements to its infrastructure in the same work area as Town Project; WHEREAS, the Town and ERWSD wish to enter into an intergovernmental agreement (the "IGA ") to combine their constructions efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence; and WHEREAS, the Council's approval of Resolution No. 10, Series 2012, is required to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7 th day of February, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 10, Scrics 2012 2/7/2012 2 -3 -1 INTERGOVERNMENTAL AGREEMENT FOR THE HOLE #7 ELECTRIC LINE BURIAL THIS AGREEMENT is made and entered into this day of 2011, by the TOWN OF VAIL, a political subdivision of the State of Colorado ( "Town ") and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ( "District "). Collectively these entities are also referred to as the "Parties ". RECITALS WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29 -1 -203, C.R.S., and Section 32 -1 -1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water, sewer and storm drainage services; and WHEREAS, the Town wishes to undergr-etmd - existing overhead electric lines near the Vail Golf Course Hole #7 ( "Hole #7 Electric Line Burial Project" or "Town Project"); and WHEREAS, the District wishes to make improvements to ' its infrastructure in the same work area as the "Town Project.; and 2/7/2012 2 -3 -2 WHEREAS, the Parties wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the Town's Hole #7 Electric Line Burial Project and the District's infrastructure improvements to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project "); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: Cooperation The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights -of- way necessary to implement the purposes of this Agreement. 2. Design Costs The Town has an agreement with Peak Land Consultants (PLC) Inc. of Vail, Colorado for the project design work. The District agrees to reimburse the Town for the District's portion of the Project design costs per the Cost Sharing Breakdown (a4a4ifflei4 Exhibit A). 3. Proiect Management The Town will provide a construction management representative ( "Town Construction Manager ") to coordinate the construction work, provide clarifications to the Contractor and review and approve proposed field changes, cost changes and time changes in a timely manner. The District will provide a construction management representative ( "District Construction Manager") to coordinate execution of the District's portion of the Project with the Town Construction Manager as required herein. With respect to communications with Project Contractor, suppliers and consultants, the District Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the Town. 4. Construction Contact The Town administered a competitive bid process for the construction of this Project under the title "Hole #7 2/7/2012 2 -3 -3 Electric Line Burial ". The bid documents included items designed for and approved by the District. Icon, Inc ( "Icon") was the lowest responsive, responsible bidder, and the Town has entered into a contract with Icon (`Contractor"). A copy of Icon's bid tabulation dated July 19, 2011 is included as ^tt°�Exhibit B. The Town will coordinate and supervise the Project, and will be the Owner as defined in the construction contract The Town will coordinate the pennitting, construction work, provide clarifications to the Contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the District outside of the construction contract will 1 without approval by the District Construction Manager. 5. Construction Inspection The Town Construction Manager will be responsible for construction inspection of its portion of the Project. The District Construction Manager will be responsible for construction inspection and of its portion of the project; all commur ication between the District Construction Manager and the Contractor shall be via the Town Construction Manager. 6. Geotechnical Testing The Town will pay for geotechnical testing costs associated with its portion of the Project. The District will either reimburse the Town for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. 7. Cost Sharing The Town agrees to pay all costs to the Contractor for the Project. The Town will invoice the District on a monthly basis for the District's portion of the work based on work accomplished per the Contractor's invoices and the value of the work listed in "mot A Exhibit B . The District will reimburse the Town for the invoiced work within 30 days. The District represents that it has appropriated sufficient funds to pay in full its obligations hexet order and it has adequate present cash reserves pledged irrevocably and held for payments in this and, if necessary, in any future years. Refer to Exhibit B bid items #6 -13 for District's costs to th is Proiect. Bid Item #14 was deleted per the District request. Costs to the District will not exceed this amount unless the District improves a change order. 8. Change Orders Any change orders that arise during construction related to the Town portion of the Project will be negotiated between the Town and the Contractor. Any change ordm that arise during construction related to District's portion of the Project will be reviewed by the Town and District Construction Manager prior to approval. Change order work will be 2/7/2012 2 -3 -4 completed by the Contractor at contracted unit costs, lump sum costs agreed to in advance, on a cost -plus basis or as otherwise set forth in the construction contract. Additionally, the District Construction Manager will review plans and approve change orders in a timely manner. Neither the Town nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the District without the prior approval of the District's Construction Manager. 9. Project Meetings The Town will make a good faith effort to invite a Wusartative of the District to meetings concerning the Project, and otherwise provide open communications throughout the Project. 10. Warranties For any work that the District determines does not conform to the Project or District specifications, or needs to be completed under warranty conditions (where the applicable warranty has not been transferred to the District), the District shall notify the Town and the Town will notify the Contractor under the terms of the Town's agreement with the Contractor. 11. Transfer of Warranties and Enforcement Powers Town will use its beast efforts to obtain, in writing, requisite warranties of at least a TWO -YEAR period from Contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. The Town will make its best effort to transfer warranties for the District's portion of Project facilities, infrastructure, and appurtenances to the District. If the Town is not able to transfer warranties to the District, the Town will retain the warranties and cooperate with the District to enforce such warranties at no cost to the Town. 12. Release from Liability The Parties are affecting this undertaking to achieve mutual benefit; and, accardingly, hold each other harmless pursuant to Section 25 from all but gross negligence in executing the terrns of this Agreement and completing the Project. The Parties agree to utilize their best efforts in perfori ninmg all terms of this Agreement. 13. Enforcement The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the party not in breach hereof. 2/7/2012 2 -3 -5 14. Governing _Law This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 15. Venue Venue for the trial of any action arising out of any dispute hounder shall be in the District Covet for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 16. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 17. Binding Agreement upon Successors and Assigns This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 18. Interested Persons Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and the District, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 19. Notices All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand - delivered or seat by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Stan Z,emler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 2/7/2012 2 -3 -6 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 8022$ -1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 20. Severability If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 21. Waiver The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 22. Amendment This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 23. Duplicate Originals This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 24. Separate Entity Status In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 25. Indemnification Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 2/7 /2012 2 -3 -7 26. Force Mai'eure No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible altemative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not temunate this Agreement and shall not affect this Agreement except as provided in this Section. 27. Entire Agreement of the Parties This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. 2/7/2012 2 -3 -8 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER AND SANITATION DISTRICT 2 Linn Brooks,General Mans er Key, re M.11 Stan Zemler, Town Manager Attest: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney 2/7/2012 2 -3 -9 Becky Peterson From: Romeo Baylosis [Romeo @peakland.net] Sent: Tuesday, December 13, 2011 11:45 AM To: Becky Peterson Cc: Chad Salli Subject: FW: #7 Hole Electric Line Burial - ERWSD design services Becky, In response to your email regarding the #7 Hole Electric Line Burial, PLC's design fees related to District items were a total of $1080. Please see the correspondence below for the District's scope of design services. Are you interested in the design fees for the entire project? If so, I can provide those. Feel free to contact me with any questions. Thanks, Romeo Romeo A. Baylosis, P.F. Peak Land Consultants, Inc. 1000 Lions Ridge Loop Vail, CO 81657 Office: 970.476.8644 Fax: 970.476.8616 0 www.neakland. net From: Chad Salli [mailto:CSalli vail ov.com] Sent: Wednesday, August 24, 2011 11:53 AM To: Romeo Baylosis Subject: RE: #7 Hole Electric Line Burial - ERWSD design services thanks From: Romeo Baylosis [Romeo @peakland.net] Sent: Wednesday, August 24, 2011 11:50 AM To: Chad Salli Subject: #7 Hole Electric Line Burial - ERWSD design services Chad, I have estimated that we've spent 12 hours on District related items for this project. At our hourly rate of $90/hr, the fees are $1080. This includes civil sheet C6.0 (Water Service), C2.0 (Demolition), meetings, coordination and bid documents. Please let me know if you have any questions. Thanks. Romeo A. Baylosis, P. E. Peak Land Consultants, Inc. 1000 Lions Ridge Loop Vail, CO 81657 Office: 970.476.8644 Fax: 970.476.8616 24 www.,Peakland.net 2/7/2012 2-3-10 SECTION 00300 BID FORM 13ASE BID ITEMS #7 Hole Electric Line 13ttrial General: Work required in this section shall include all materials and labor to complete I lle i nd iVidUal hid Items. The 1'61k kvinll hid Items shall be bid and paid under this agreement as oullincd. Items of cquipntertt. permits, overhead, materials. and all other items of work required for the complete construction as specified on Drawings. 'I echnical Specifications and as outlined here shall be included in the bid items. Any items or like item not specifically mentioned as a hid item is considered incidental to Ilse pr(�Ject and all costs associated with these items shall he included in the bid items listed. These descriptions are to he used as a guide onk for the hidder and reference to the Technical Specifications and Drakk ings should he made for the complete requirements. Additions to base hid ma% or nta% not be awarded. Mobilization: 1 LS 2 u �`5����r_sZ ��Ll• �u���� ($ $�00) /LS (Words) Traffic Control: I LS a O r1 k�ns�►r$,�„rrd .,...S.j Q & .. 1 A k&,n a4 e� (S L — I S ( Words) Construction Staking and Surveying: I IS 6. a m t V L wS r A S�.k�lny,.�l ' ( 782 --) LS ( Words) Clearing and Grubbing: 1.825 SY a J t,,_ �o�lac5 Se.1t� � � i e` } Ct„�S ($ �., IT ) /SY ( W'ords ) Strip and Replace Topsoil: 1.825 SY u,� �n�4ki5 S:X•4�r_f�a� � an�'S (S 5.6 3 )!SY (Words) s I — • s ® -2 7y 7s Eagle Riker eater and Sanitation District (I.:RWSD) Pump Vault Abandon: I FA s&-fj 4'cs 1 *117A $ I Fo p --° (Words) EXHIBIT B 2,7,2012 2.3 -11 LRkVSD Vaf-c Abandon; 4! A 8 10- I' m c } e if - iw/1) uti !'mA Cie �U r[ �j�i15 (� o�$� )'LA (W ord s) I[M SD Concrete Fleadwall Abandon: 1 FA )!I A (11 ords) l= S1) Sanimr\ Sewer Nhinhole Abandon: I FA ti.Jr« k,ji (S A � f .TA (Words) I.-.R ". 12" DI 1' Perforated Pipe Nedr Greek Removal: 175 11- (Words) GRWSD 10" DIP Under Cart Path Abandon: I LS (S 1!p 500 )• LS (Words) FRWSD l=ire HNdrarn Abandow 1 FA u p yt� nrir P_�, (S t c7 ) (Words) I RN'5D Water Ser\ ice Abandon Ior Lot I Residence: I LS u W wAS L 2500 ) I s (Words) s• . # F RWSD Water Service Install: 220 LF I • L I-r . ords) {~ Silt f=ence: 708 1 F U� it 7LO0 (S 2 " ) T r (Words) np ob 21 S ;,300 (Do k) o s a5ao S 1 �UL EXHIBIT B 2/7/2012 2 -3- 12 (: Frosion Control Inge: 338 1 r o� C, (Words) Stabilized Const Entrance: 3 EA rr �'l y e ha A�le-& AA in 5 ($ Sao )CFA (" orris) I: 1I\c1romulc11 Revegetation (Uplands Seed tifix): 550 SY Ch [r A o L is C ( `6 — )!S Y (Words) I ? illo.� Clump Save and Replace: I LS LQ & &5 (S Goan )/I-S (Words) Frosion Control Blanket and Revegetation (Wetlands Seed Mix): 392 SY ( Words) I . Switch Gear Vault: 2 EA N tA.nnf. A _ ($ Sco r)`I:A (Words) _ -. (=1) -8" PE Pipe Installation and "french: 185 LF ( Words) S S ! vtv P� S IVia. a� $ lax 060 -- 4 7 2 - � � M S qoo no M -8" PI. pipe. Irrigation Conduit and Pipe Ballast Installation and Trench: 135 LF fl . — A& c6l ca 5 ($ 15o ( Words) 2 1. 11CL Conduits and Trenching for Install of (0-6 Conduits: CEO LF �(1nrds� s 230 —� EXHIBIT B 2,7,2012 2 -3 -13 1-ICE Conduits and Wrenching for Install of (2) -5' Conduit: 15 LF e a 0" S _ (S SS VLf S BA ° (Words) 10, Creek Crossing: I LS (Attach means and methods narratiNe to bid tab) Vq L..s.�- (� b — ")!L S ` S 7006 b o (Words) - Erosion Control Blanket and Revegetation (Uplands Seed ivtiq 883 SY (Words) -�-� -= �-- =1'01'AL `fie t &16 S 2 S (Words) ����� �`4ao CO � 4 i"�+��(td �w�c�� �il/+� ^"�rdf4� S•wla, r� }tJa aa��� � r� too EXHIBIT B 2/7/2012 2 -3- 14 RESOLUTION NO. 11 Series of 2012 A RESOLUTION APPROVING AMENDMENT NO. 1 OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE MATTERHORN BRIDGE REPLACEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle 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"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Town and the Colorado Department of Transportation (the "CDOT ") entered into an Intergovernmental Agreement (the "IGA ") dated December 30, 2010 to remove and replace the Vail Matterhorn Bridge (the "Project ") attached hereto as Exhibit A ; WHEREAS, the IGA encumbered the design phase funding in the amount of $118,733.00; WHEREAS, the Town and CDOT wishes to enter into Amendment No. 1 (the "Amendment ") to the original IGA to include the construction phase of the project in the amount of $908,767.00, increasing the total contract to $1,027,500.00; and WHEREAS, the Council's approval of Resolution No. 11, Series 2012, is required to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Amendment with CDOT on behalf of the Town in substantially the same form as attached hereto as Exhibit B and in a form approved by the Town Attorney. Section 2. 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 7 day of February, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk RCS0lntlon No. 11, Scrics 2012 2/7/2012 2 -4 -1 (FMLAWRK) PROJECT BRO M306 -005 (18033) REGION 3/(DAW) Contract Routing # 11 HA3 25016 ID # 33100375 STATE OF COLORADO Department of Transportation Interagency Agreement (IGA) with the Town of Vail CDOT Vendor # 2000003 MATTERHORN BRIDGE REPLACEMENT Project # BR M306 -005 (18033) TABLE OF CONTENTS 1. PARTIES ........................................................................................................... ..............................2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ...................................... ............ 2 3. RECITALS ......................................................................................................... ..............................2 4. DEFINITIONS .................................................................................................... ..............................2 5. TERM and EARLY TERMINATION ................................................................... ..............................3 6. SCOPE OF WORK ........................................................................................... ............................... 3 7. OPTION LETTER MODIFICATION .................................................................... ..............................7 8. PAYMENTS ....................................................................................................... ..............................8 9. ACCOUNTING ................................................................................................. .............................10 10. REPORTING - NOTIFICATION ...................................................................... .............................10 11. LOCAL AGENCY RECORDS ......................................................................... .............................11 12. CONFIDENTIAL INFORMATION -STATE RECORDS ..................................... .............................12 13. CONFLICT OF INTEREST ............................................................................. .............................12 14. REPRESENTATIONS AND WARRANTIES .................................................... .............................12 15. INSURANCE .................................................................................................. .............................13 16. DEFAULT - BREACH ....................................................................................... .............................14 17. REMEDIES ..................................................................................................... .............................14 18. NOTICES and REPRESENTATIVES .............................................................. .............................16 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............... .............................17 20. GOVERNMENTAL IMMUNITY ....................................................................... .............................17 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................... .............................17 22. FEDERAL REQUIREMENTS .......................................................................... .............................18 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) .................................... .............................18 24. DISPUTES ...................................................................................................... .............................18 25. GENERAL PROVISIONS ............................................................................... .............................18 26. COLORADO SPECIAL PROVISIONS .......................................................... ............................... 21 27. SIGNATURE PAGE ........................................................................................ .............................23 28. EXHIBIT A - SCOPE OF WORK ..................................................................... ..............................1 29. EXHIBIT B - LOCAL AGENCY RESOLUTION ................................................ ..............................1 30. EXHIBIT C - FUNDING PROVISIONS ............................................................ ..............................1 31. EXHIBIT D -OPTION LETTER ....................................................................... ..............................1 32. EXHIBIT E - LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST .............................1 33. EXHIBIT F -CERTIFICATION FOR FEDERAL -AID CONTRACTS ................. ..............................1 34. EXHIBIT G - DISADVANTAGED BUSINESS ENTERPRISE .......................... ..............................1 35. EXHIBIT H - LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES ........................ 2 36. EXHIBIT I - FEDERAL -AID CONTRACT PROVISIONS .................................. ..............................1 37. EXHIBIT J - FEDERAL REQUIREMENTS ...................................................... ..............................1 r 2/7/2012 2 -4 -2 1. PARTIES THIS AGREEMENT is entered into by and between, the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the "State" or "CDOT") and the Town of Vail (hereinafter called the "Local Agency"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. i. Federal Authority Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21'" Century" of 1998 (TEA -21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA -LU) of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions "), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by the Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ( "FHWA "). Ii. State Authority Pursuant to CRS §43 -1 -223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS § §29 -1 -203, 43 -1- 110; 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -14. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Purpose The purpose of this Agreement is for the distribution of federal funds for the design and construction of the Matterhorn Bridge replacemnet Project # BRO M306 -005 (18033) Fed $ LA Match with the town of Vail performing the work. D. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Agreement or Contract "Agreement" or "Contract" means this Agreement, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to Colroado State Fiscal Rules and Policies. Page 2 of 23 2/7/2012 2 -4 -3 B. Agreement Funds "Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement. C. Budget "Budget" means the budget for the Work as contained in Exhibit C. D. Consultant and Contractor "Consultant" means a professional engineer or designer hired by Local Agency to design the Work and "Contractor" means the general construction contractor hired by Local Agency to construct the Work. E. Evaluation "Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria established in §6 and Exhibits A and E. F. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal -Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal - Aid Contract Provisions) and Exhibit J (Federal Requirements). G. Goods "Goods" means tangible material acquired, produced, or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. H. Oversight "Oversight" means the term as it is defined in the Stewardship Agreement between CDOT and the Federal Highway Administration ( "FHWA ") and as it is defined in the Local Agency Manual. I. Party or Parties "Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency J. Work Budget Work Budget means the budget as contained in Exhibit C. K. Services "Services" means the required services to be performed by the Local Agency pursuant to this Contract. L. Work "Work" means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of the Local Agency's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. The Parties' respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate 5years from Effective date, unless sooner terminated or completed as demonstrated by final payment and final audit. 6. SCOPE OF WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in the Exhibit A Scope of Work or Form 463. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. Page 3 of 23' 2/7/2012 2 -4 -4 B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractor shall be considered the Local Agencys', Consultants' or Contractors' employee(s) for all purposes and shall not be employees of the State for any purpose. D. State and Local Agency Committments 1. Design If the Work includes preliminary design or final design or design work sheets, or special provisions and estimates (collectively referred to as the "Plans', the Local Agency shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c) Prepare provisions and estimates in accordance with the most current version of the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d) Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e) Stamp the Plans produced by a Colorado Registered Professional Engineer. f) Provide final assembly of Plans and all other necessary documents. g) Be responsible for the Plans' accuracy and completness. h) Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT and when final they shall be incorporated herein. II. Local Agency Work a) The Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects ". b) The Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c) The Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or of construction administration. Provided, however, if federal -aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance /provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with a Consultant for the Work: (1) The Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State's approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract. (2) The Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. Page 4 of 23 2/7/2012 2 -4 -5 (3) The Local Agency shall require that all billings under the consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) The Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. (5) The Local Agency may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the Local Agency's attorney /authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). (6) The Local Agency shall ensure that the Consultant agreement complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third -party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the Construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction in connection with this work. d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. iii. Construction a) If the Work includes construction, the Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in accordance with the Exhibit G. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing Construction Contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. b) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. c) The Local Agency shall be responsible for the following: (1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. Page 5 of 23 2/7/2012 2 -4 -6 (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24 -92 -101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit 1) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 C.F.R. 633.102(e). (b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within three (3) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation, necessary to complete the Work if no additional federal -aid funds are available. (3) The requirements of this §6(1))(iii)(c)(2) also apply to any advertising and awards made by the State. (4) If all or part of the Work is to be accomplished by the Local Agency's personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.R.F. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (b) An alternative to the preceeding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31. (c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State's Standard Specifications for Road and Bridge Construction §109.04. (d) All Work being paid under force account shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. Iv. State's Commitments a) of the Work as a quality control /assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any major structures designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E. v. ROW and Acquistion /Relocation a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Page 6 of 23 2/7/2012 2 -4 -7 b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. c) The Parties' respective compliance responsibilities depend on the level of federal participation; provided however, that the State always retains Oversight responsibilities. d) The Parties' respective responsibilities under each level in CDOT's Right of Way Manual (located at http: / /www.dot.state.co.us/ROW Manuals and reimbursement for the levels will be under the following categories: (1) Right of way acquisition (3111) for federal participation and non - participation; (2) Relocation activities, if applicable (3109); (3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way — 3114). vi. Utilities If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained. vil. Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by railroad company, the Local Agency shall make timely application to the Public Utilities commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities and: a) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. b) Obtain the railroad's detailed estimate of the cost of the Work. c) Establish future maintenance responsibilities for the proposed installation. d) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. e) Establish future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation.. viii. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Ix. Maintenance Obligations The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. 7. OPTION LETTER MODIFICATION Option Letters may be used to extend Agreement term, change the level of service within the current term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of funding. These options are limited to the specific scenarios listed below. Page 7 of 23 2/7/2012 2 -4 -8 The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Following are the applications for the individual options under the Option Letter form: A. Option 1- Level of service change within current term due to unexpected overmatch in an In the event the State has contracted all project funding and the Local Agency's construction bid is higher than expected, this option allows for additional Local Overmatch dollars to be provided by the Local Agency to be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall not be intended for any other Local Overmatch funding. The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter (Exhibit D), which will bringthe maximum amount payable under this contract tothe amount indicated in Exhibit C-1 attached to the executed Option Letter (future changes to Exhibit C shall be labeled as C-2, C-3, etc, as applicable). Performance of the services shall continue under the same terms as established in the contract. The State will use the Financial Statement submitted by the Local Agency for "Concurrence to Advertise" as evidence of the Local Agency's intent to award and it will also provide the additional amount required to exercise this option. If the State exercises this option, the contract will be considered to include this option provision. B. Option 2 — Option to add overlapping phase without increasing contract dollars. The State may require the contractor to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original contract with the contract dollars remaining the same. The State may exercise this option by providing a fully executed option to the contractor within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the contract will be considered to include this option provision. C. Option 3 - To update funding (increases and/or decreases) with a new Exhibit C. This option can be used to increase and/or decrease the overall contract dollars (state, federal, local match, local agency overmatch) to date, by replacing the original funding exhibit (Exhibit C) in the Original Contract with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State may have a need to update changes to state, federal, local match and local agency overmatch funds as outlined in Exhibit C-1, which will be attached to the option form. The State may exercise this option by providing a fully executed option to the contractor within thirty (30) days after the State has received notice of funding changes, in a form substantially equivalent to Exhibit D. If the State exercises this option, the contract will be considered to include this option provision. 8. PAYMENTS The State shall, in accordance with the provisions of this §7, pay the Local Agency in the amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable to the Local Agency under this contract shall be $94,986.00 unless modified by Option Letter or Formal Amendment. The maximum amount payable is set forth in Exhibit C as determined by the State from available funds. Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate ordinance /resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this Agreement and to expend its match share of the Work. A copy of such ordinance /resolution or authority letter is attached hereto as Exhibit B. B. Payment 1. Interim and Final Payments Any payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall initiate any payment requests by submitting invoices to the State in the form and manner set forth in approved by the State. Page 8 of 23 2/7/2012 2 -4 -9 ii. interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds - Contingency - Termination The State is prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State's performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate this Contract immediately, in whole or in part, without further liability in accordance with the provisions hereof. Iv. Erroneous Payments At the State's sole discretion, payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Contract or other contracts, Agreements or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any parry other than the State. C. Use of Funds Contract Funds shall be used only for eligible costs identified herein. D. Matching Funds The Local Agency shall provide matching funds as provided in §7.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. The Local Agency's obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple- fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency's laws or policies. E. Reimbursement of Local Agency Costs The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount described in Exhibit C and §7. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the State's obligation to reimburse all costs incurred by the Local Agency and submitted to the State for reimubursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal -aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof. Costs shall be: i. Reasonable and Necessary Resonable and necessary to accomplish the Work and for the Goods and Services provided. Page 9 of 23 ? -4- 10 ii. Net Cost Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local Agency that reduce the cost actually incurred); 9. ACCOUNTING The Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Local Agency Performing the Work If Local Agency is performing the Work, all allowable costs, including any approved services contributed by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers, and other applicable records. B. Local Agency- Checks or Draws Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency ,clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other Work documents. C. State - Administrative Services The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local Agency's sole expense. D. Local Agency- Invoices The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Local Agency, for which it seeks reimbursement; the dates such costs were incurred; and the amounts thereof, and shall not be submitted more often than monthly. E. Invoicing Within 60 Days The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices within 60 days after the date for which payment is requested, including final invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any payments due from the State to the Local Agency. F. Reimbursement of State Costs CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment within 60 days, at CDOT's request, the State is authorized to withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to CDOT. Interim funds, shall be payable from the State Highway Supplementary Fund (400) until CDOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT's invoices shall describe in detail the reimbursable costs incurred, the dates incurred; and the amounts thereof, and shall not be submitted more often than monthly. 10. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency's performance and the final status of the Local Agency's obligations hereunder. Page 10 of 23 2 -4- 11 B. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State or its principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Agreement. D. Documents Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts, in its possession related to the Work. 11. LOCAL AGENCY RECORDS A. Maintenance The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the last to occur of the following: (1) a period of three years after the date this Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever is later, or (Ili) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period "). B. Inspection The Local Agency shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and exercise the remedies available under this Agreement, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency's performance hereunder. D. Final Audit Report If an audit is performed on the Local Agency's records for any fiscal year covering a portion of the term of this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. Page 11 of 23 2 -4- 12 12. CONFIDENTIAL INFORMATION -STATE RECORDS The Local Agency shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality The Local Agency shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of the Local Agency shall be immediately forwarded to the State's principal representative. B. Notification The Local Agency shall notify its agents, employees and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved by the State. D. Disclosure- Liabilky Disclosure of State records or other confidential information by the Local Agency for any reason may be cause for legal action by third parties against the Local Agency, the State or their respective agents. The Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees pursuant to this §10. 13. CONFLICT OF INTEREST The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Local Agency's obligations hereunder. The Local Agency acknowledges that with respect to this Agreement, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Agency's obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Agreement. 14. REPRESENTATIONS AND WARRANTIES The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. A. Standard and Manner of Performance The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement. B. Legal Authority — The Local Agency and the Local Agency's Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind the Local Agency to its terms. Page 12 of 23 2 -4- 13 If requested by the State, the Local Agency shall provide the State with proof of the Local Agency's authority to enter into this Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc. The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. 15. INSURANCE The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State. A. The Local Agency 1. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA', then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. If. Non - Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub - contractors that are not "public entities ". B. Contractors The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: 1. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of the Local Agency's Contractors, Subcontractors, or Consultant's employees acting within the course and scope of their employment. If. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent the Local Agencys, products and completed operations, blanket Agreementual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. Page 13 of 23 2 -4- 14 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain additional insurance to restore the full aggregate limit and fumish to the Local Agency a certificate or other document satisfactory to the Local Agency showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Iv. Additional Insured The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 201011/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the Consultants or Contractorsshall be primary over any insurance or self- insurance program carried by the Local Agency or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Local Agency and the State by certified mail. Al. Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency's Consultants or Contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any sub- contract, the Local Agency and each contractor, subcontractor, or consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 16. DEFAULT - BREACH A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis.. 17. REMEDIES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Page 14 of 23 2/7/2012 2 -4- 15 Agreement following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State may notify the Local Agency of such non - performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if any. 1. Obligations and Rights To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub - Agreements with third parties. However, the Local Agency shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the State, the Local Agency shall assign to the State all of the Local Agencys right, title, and interest under such terminated orders or sub - Agreements. Upon termination, the Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State's property. II. Payments The State shall reimburse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agencys action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Agreement had been terminated in the public interest, as described herein. Iii. Damages and Witholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or breach by the Local Agency, which shall be governed by §15(A) or as otherwise specifically provided for herein. 1. Method and Content Page 15 of 23 2/7/2012 2 -4- 16 The State shall notify the Local Agency of the termination in accordance with §16, specifying the effective date of the termination and whether it affects all or a portion of this Agreement. If. Obligations and Rights Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same obligations and rights set forth in §15(A)(1). Ill. Payments If this Agreement is terminated by the State pursuant to this §15(B), the Local Agency shall be paid an amount which bears the same ratio to the total reimbursement under this Agreement as the Services satisfactorily performed bear to the total Services covered by this Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Agency for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local Agency's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Agency hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: I. Suspend Performance Suspend the Local Agency's performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in pricelcost or performance schedule. The Local Agency shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under this provision. If. Withold Payment Withhold payment to the Local Agency until corrections in the Local Agency's performance are satisfactorily made and completed. Ill. Deny Payment Deny payment for those obligations not performed, that due to the Local Agency's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Iv. Removal Demand removal of any of the Local Agency's employees, agents, or contractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Agency shall, at the State's option (a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or Page 16 of 23 2/7/2012 2 -4- 17 persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Martha Miller CDOT Reaion 3 Resident Engineer 714 Grand Avenue Eagle, CO 81631 970 328 -6385 B. Local Agency: Chad Salli Town of Vail Project Engineer 1309 Elkhorn Drive Vail CO 81657 970 479 -2100 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and, all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agencys's obligations hereunder without the prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Agreements and inclusion of Agreement performance information in a statewide Agreement management system. The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency's performance shall be part of the normal Agreement administration process and the Local Agency's performance will be systematically recorded in the statewide Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of the Local Agency's obligations under this Agreement shall be Page 17 of 23 2/7/2012 2 -4- 18 determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Local Agency's obligations. Such performance information shall be entered into the statewide Agreement Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT, and showing of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon showing of good cause. 22. FEDERAL REQUIREMENTS The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of certain federal and state laws that may be applicable are described in Exhibit J. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must submit a copy of its program's requirements to the State for review and approval before the execution of this Agreement. If the Local Agency uses any State - approved DBE program for this Agreement, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for use of its program. 24. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement, shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 25. GENERAL PROVISIONS A. Assignment The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State. Any attempt at Page 18 of 23 2/7/2012 2 -4- 19 assignment, transfer, subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification - General If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omision by the Local Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq. G. Jurisdctlon and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily limited to, limitations on (1) the types of liabilities, (ii) the types of damages, (111) the amount of damages, and (iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF AGREEMENTS - TOOLS AND FORMS. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and Page 19 of 23 2/7/2012 2 -4 -20 attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, II. The provisions of the main body of this Agreement, iii. Exhibit A (Scope of Work), Iv. Exhibit B (Local Agency Resolution), v. Exhibit C (Funding Provisions), A. Exhibit D (Option Letter), vii. Exhibit E (Local Agency Contract Administration Checklist), viii. Other exhibits in descending order of their attachment. K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if the Local Agency fails to perform or comply as required. M. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them. N. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. O. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 23 2/7/2012 2 -4 -21 26. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Agreements except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30 -202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS §§24.18.201 and 24-50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Page 21 of 23 U / /LU 1L 2-4 -22 The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency's services and The Local Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24 -30 -202 (1) and 24-30- 202.4. [Not Applicable to Intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8 -17.5 -101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E- Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shall not use E- Verify Program or State program procedures to undertake pre - employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24.76.5 -101. The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Agreement. S Ps Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 23 2/7/2012 2 -4 -23 27. SIGNATURE PAGE Agmen»nt Routing Number 11 HA3 26016 • Persons signing for The Local A wM hereby swear and affirm that they are admired to act on The Aosnov's behalf and acknowledge that the 91M Is mlyNq on the* repressnpolons tD that effect. THE LOCAL AGENCY WN OF VAIL By: <A - � � e - v r l &'✓ (Name Printed) TRIO: TO STATE OF COLORADO Bill Ritter, Jr. GOVERNOR Colorado Department of Transportation Z RuellGeorge, Executive Director 0 By: Pam Hutton — CDOT Chief Engineer by *Signature SEAL LEGAL REVIEW W. Suthers, Attorney General CRS f244M2 requ ires the Shb Controller to ap pro ve all Sta te Agreeme Thi Agrow Is not wild until signed and dated poi anos until such time The Local Agency boons performing prior thsnlo, dw State Colorado Is not oblkiohd to pay The Local Agency for such performance or for any goods mWor services provkled hereunder, STATE CONTROLLER David J. McDermott, CPA By 21W Lk Colorado Department of Transporation Dots Page 23 of 23 2/7/2012 2 -4 -24 EXHIBIT A - SCOPE OF WORK COUM OONP R1TAIMor gu :CMiDM:07rnR010 DESIGN DATA R�YiNn t 0 Pop i to d A 10 r. 03 - - -- Aoisdoomeo":18M aT/a8Rw71 project 9. Boo MM-M vE Postiod Cods: Pwlwt Oosdpdso: MsRwllden Brldpd - Town of Val _ slaw: ® Pieb h NY ❑ Rnal ❑ RdNsdd - soiidllsd y PM: KR.LYINB App arrd b AoOow r 40� Ddb: Cwgr :037 VAN Cetse IrPiof tdt Fsderd�Nd RMwd k am 1hr 04" Dow: 1 O000*slc Locssnc MATTERHORN RD. TOWN OF VAIL sfTwlaM: Mourdsinwo Dosedpdm of Nspeyd a" sM bein) REPAACElENT OF DEF1f3ENT BRIDGE STRUCTURE Z dCt CharieAdAftl6f �as4 Mod- (TWO ❑ �d ❑ Palsied ❑ Robed ❑ Nww Ca" rst Qw11r C1ri clAf 1d44901 8N0 0 Csnadaww ssidds■ tMdM n imoeewnft rl Ridel4ows INA. Pemba LWNV&dlp n Down Csrsratra n Psnrnd ❑ Loebes piN wquiwrrds (a.sepMn): ❑ 011w (dooaipdwnk M MvM -fww nods. Ect t Row Liar Pwm. Eosowsnl RpiW No Rsbedlon Rpiisd No Tonpwry Easwnsnt RpAwd: NO CHwgn in Aowsc NO C1w4n b Cowlwwr Rods: No tRRwtd Old suss dMnwn� +rb ssn�wioq Rd1YOdd Crosslrtpd tdaowr¢ Rswnorw�OdNno bMAlonm.Ndal Typo: N-CE Non mnNe Ppprorod On: Pwlsrt Cdst Ctswwundr: PraodtClsorodUdw: Codwsnk: COOMM M O Mtdlen Vkh No ❑ VVM hm Lamb Fowe sRw. Rwwwia RL) Cho wed dream pons[ SUM or p tents, fdw r: ewOis d BaldNOcMmsa WesMoRy VN ❑ IlssrTnMRD**" dwso Rs[i ❑ MdN Sd CMOs: Catldttadtl. also" AMoAsd fAr WW 11e11t Roswo: faty f y Cdstsd Nona PQand t 0d* CalsM raSsm Prywt under OWN" FROM avow smarts: No . ❑ VW Wso in Yidnrn Owlp 81 L] Juoddeodon AsrAod ❑ Roa+r r M manta SM RsswAs U SwlM pnivot lid i doosdnds odaoosd 8R plssls Page 1 of 3 Ll l /LU 1L 2 -4 -25 0ldpg 'N I st W E n ■ mmmm ■ mmmm ■=rTmMmmm mmmm mmmm mmmm mmmm m mmmm m mmmm m mmmm m mmmm m mmmm r W ftuaffN a• Y dy. M w M nwom" W �d "W Ra ios . P" P.aras bbnneAd Wft Cl-- Tmonsm N a i19 aa to ®soak b Pb*odiau b1dp ati. aMdl. sad alawalb a�atesip WebnsN: R"awks TM Taw sf VM om b comes and M Val ablahaa MdSk ~ b bedsd wMb M Tom Mia ofM Taws of VIM. Thb pq" wi awmm Mend rrmNl a1M adetal *Woo and a m b dba. TMa bdosbMMdp rm"endsewbwssfsMWb"adrb0stt Wo.TMnwWfts "M WsbmsWaMwhit aaaeana aid To M a cww" am and of bldg "& TM sOPMew dfarndam we 400 W46 ad asp wlda and aM aeaaws , /s I I will • 060". Page 3of3 2/7/2 12 2 -4 -27 29. EXHIBIT B - LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION Page 1 of 1 2/7/2012 2 -4 -28 RESOLUTION NO. 29 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING MATTERNHORN BRIDGE REPLACEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the 'Town "), in the County of Eagle and Slue of Colorado is a home rule municipal corporation duly organized and existing under the taws 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 boon duly elected and qualified; and WHEREAS, the Town currently has budgeted the required local thatch; and WHEREAS, the Federal Highway Administration (the "FHWA') a cica m funds for local transportation projects; and WHEREAS, the Town is requesting FHWA funds for the design of the Matterhorn Bridge mplacement (the "Project"); and WHEREAS, the Colorado Departrnem of Transportation ("CDOT") is responsible for the general administration and supervision of performance by the Town for the Pre o= and WHEREAS, the Town and CDOT wish to ever into an Intergovernmental Agreement (the "IGA") authorizing the design of the Project; and WHEREAS, the Council finds and determines that IOA is necessary and will promote rho be" safety, morals, and general wet fare of the Town; and IGA. WHEREAS, the Council's approval of Resolution No. 28. Sena 2010, Is required to attar into an NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: ,; 2wo 1 The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with COOT, in substantially the tune form as attachod hemto as j;XWb" and in a form approved by the Town Attorney. Secti2a 2. This Resolution shall Ww effect Immediately upon Its pasuge. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Taws Council of dk Town of Vail held this 16 day of November, 2010. Richard L t i Dona on, Town Clerk Rewhtion No. 29, Series of 2010 '. . 2/7/2012 2 -4 -29 30. EXHIBIT C — FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $118.733.00 which is to be fl inaea as tonows: 1 BUDGETED FUNDS a. Federal Funds $94, (80% of Participating Costs) b. Local Agency Matching Funds $23,747 (20% of Participating Costs) d. Local Agency Matching for CDOT - Incurred Non - Participating Costs [AND /OR] Overmatch $0.00 Includin Non-Participating indirects OTAL BUDGETED FUNDS $118,733.00 12 ESTIMATED CDOT - INCURRED COSTS a. Federal Share (_ of Participating Costs) b. Local Agency Local Agency Share of Participating Costs $0.00 Non - Participating Costs (Including Non - Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $94 b. Less Estimated Federal Share of CDOT - Incurred Costs (2a) [TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $94.986.001 FOR CDOT ENCUMBRANCE PURPOSES Estimated Encumbrance Amount 'Note — Federal Funds are currently not available at this time. Funds will be encumbered at a later date by formal amendment or option letter.* $118,733 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0 Net to be encumbered as follows: _tn WBS Element 18033.10.301 Design 13020 WBS Element 18033.20.101 Const 13301 Page 1 of 2 2/7/2012 2 -4 -30 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds (CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies only to the $118,733.00 that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $118,733.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $118,733.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $94,986.00 (For CDOT accounting purposes, the federal funds of $94,986.00 and Local Agency matching funds of $23,747.00 will be encumbered for a total encumbrance of $118,733.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. *Note — Federal Funds are currently not available at this time. Funds will be encumbered at a later date by formal amendment or option letter.* It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non - profit organization Sub -The Local Agencys receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A- 133 (Audits of States, Local Governments and Non - Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub -The Local Agencys receiving federal funds are as follows: I. Expenditure less than $500,000 If the Sub -The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. II. Expenditure exceeding than $500,000- Highway Funds Only If the Sub -The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding than $500,000- Multiple Funding Sources If the Sub -The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. Iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Page 2of2 2/7/2012 2 -4 -31 31. EXHIBIT D — OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for CDOT use only) NOTE. This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Vendor name: A. SUBJECT: (Choose applicable options listed below AND in section Band delete the rest) 1. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY; 2. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads); 3. Option to update funding (a new Exhibit C must be attached with the option letter and shall be labeled C -1 (future changes for this option shall be labeled as follows: C -2, C -3, C-4, etc.) B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: (Insert the followina lanauaae for use with Option #1): In accordance with the terms of the original Agreement (insert FY. Agency code & CLIN routing # of Basic Contract) between the State of Colorado, Department of Transportation and (insert the Local Aaencv's name here) the State hereby exercises the option to record a level of service change due to unexpected overmatch dollars due to an overbid situation. The Agreement is now increased by (indicate additional dollars here) specified in Paragraph/Section/Provision of the original Agreement. (insert the followina lanauaae for use with Option #2): In accordance with the terms of the original Agreement (insert FY. Agency code & CLIN routing # Basic Contract) between the State of Colorado, Department of Transportation and jinsert the Local A_aencv's name here) the State hereby exercises the option to add an overlapping phase in findica to Fiscal Year here) that will include (describe which phase will be added and include all that awly — Desian. Construction. Environmental, Utilities ROW incidentals or Miscellaneous) Total funds for this Agreement remain the same (indicate total dollars here) as referenced in Paragraph /Section/Provision/Exhibit of the original Agreement. (Insert the followina lanauaae for use with Option #3): In accordance with the terms of the original Agreement (insert FY. Agency code & CLIN routing # of Basic Contract) between the State of Colorado, Department of Transportation and (insert the Local Aaencv's name here) the State hereby exercises the option to update funding based on changes from state, federal, local match and/or local agency overmatch funds. The Agreement is now se/ec one: increased and/or decreased) by ( insert dollars here) specified in Paragraph/-Section/- Provision/Exhibit of the original Agreement. A new Exhibit C -1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when Page 1 of 2 2/7/2012 2 -4 -32 using this option: future changes for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.) (The followina language must be included on ALL options): The amount of the current Fiscal Year contract value is (increased/decreasedf by ($ amount of change to a new Agreement value of ($ ) to satisfy services/goods ordered under the Agreement for the current fiscal year ( indicate Fiscal Year) The first sentence in Paragraph /Section/Provision is hereby modified accordingly. The total Agreement value to include all previous amendments, option letters, etc. is The effective date of this Option Letter is upon approval of the State Controller or delegate. APPROVALS: For the The Local Aaencv: Legal Name of the Local Agency By: Print Name of Authorized Individual Signature: Date: Title: Official Title of Authorized Individual State of Colorado: Bill Ritter, Jr., Governor By: Executive Director, Colorado Department of Transportation Date: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §2430 -202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado Is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. Form Updated: June 12, 2008 State Controller David J. McDermott, CPA By: Date: Page 2 of 2 2/7/2012 2 -4 -33 32. EXHIBIT E — LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following died st has been developed b er"M that all required aspects of a Prof approved for Federal funding have been addressed and a responsible party assigned for each task After a project has been approved for Federal Improvement Program, the Colorado Department of Transportation (COOT) OT) P Protect Manager, Local Agency Project manager, and CDOT Resident Engineer prepare the cheddis . it beoomes a part of the contractual agreement between the Local Agency and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed dwx*1119 . it will be reviewed at the Final Offloe Review meeting to ensure that all parties remain in agreement as to who is resporW* for performing Individual tasks. xvi Page 1 of 5 2/7/2012 2 -4 -34 COLORADO oEPARTMO(T OF TPANS MXT10N LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST � sTIP No. Od TBD 16033 3 Project LOCWWon OM M9N!NM Bembe - Town of VON 6/16100 Project Oeeu"m Replacenant of ol( syslsm brides on Mallerhom Rd Local Aqe1icy Local Agency Prapa Mansger Town of VON Chad earl COOT Resasnt Ergkreer � . Marta War This dw l aheM be ulMxsd to estdAw go conbad admtristr.Yon respa sl),M s of" bwNvauOl par0 b MAs The daddiM Oeoorrres an aMadwnsnt b Mrs Local Agency a0rssnw t Section mmft re oonapgrd So the sweemalt of is COOTLoW AWncy A wX W S1013110" cimplars The drscl4M *" be Prep.nd by Phb* g .n -r under Mrs rssF m 'his Pony, cPPalte each of Ma tall. The 9C dww" Mw Pw m I for =CulbV � 0* � �� b ua tw dw be OeNclsd. When nWw COOT nor oonour or approve. e1*11 M (NA) shah be rr I In aA m a or %* ii gig Mat COOT nwM Tab MM %* be Psrbread by limftWbm WO will be Indtcalsd. Ths Ro*M In socorderm wit afabNshed policies and PmmhmW U4 dsbrnri» who wo psrfom► ad agar bsb Mat are Mw r1 s0 m Wb Nty of COOT. The dackNst 01011 be prspmW by Mrs COOT Reeasnt Engirwrer or is COOT Project Manage►, In eoopwwon wNh"Local Agerw p � lWINUMN arW sub ditd o P Progr+wn Enpbaer. N ct cw*v admbUslraMon rsrporw Yee darpe. Male wig and dObibrAe • rovlaed daddisL hwlosw w we an d COOT foyer 1241 " M PWI of 4 mrgr sot M nest! Page 2of5 2/7/2012 2 -4 -35 COOT Ferrw 1241 OM ►qet of 4 pwrloaa adNlone ars ebmo % and wiry not be aaad Page 3 of 5 2/7/2012 2 -4 -36 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 0.1 Set Un sculiliaed DMsdwfdoped Bushtsss SEE* prise (l1BDE) Goats for Corrsrdrant and x x 8.2 Dawnrkw oon of Devis -e. Act x T� pr*d ® Is 0 is not eoonnpt from Dawb4k oon mpk nwwts as dalem�ined by On kxmd W dassMicmdon of era project bcaMon (Projects locabd on local roads and rural mirror corecbrs maybe ersrrrpt ) Mau srlilflo CDOT on Fre Deb t;.3 EEO/CM Tninirrg (coal is zero K lobl oarMtnrcron k Mm than 1 moon (COOT R min X S -4 TM VI Assuranow x Ensue vw oornct adwm Wage DeoWon. a1 re41 0 Obeftw toped Business Trak ft spsc M provlsiorrs and FHWA Form 127 an inckided h fre Contract RabsrK ADVER BID AND AWARD x 7.1 obtfif Approval for Advwftw t Period Lees Than Three Wasks x 7 br gift 7.3 I1dvwYnnw Set' Plans and Spodkpillons I x 7.4 Review WorkWb and Plan Dsts1s with Prospastive Bidden While Project is Under X 7.5 Open x 7 Proosss for Check CDOT FoZ715-CwMcsbofPi oposad tkdwuMizsd DBE i i Ed jtlon v*m ow low bidder end x Eveksab CDOT udkmd DBE Good Fabr Effort Doawmdmfon and dNsrnrne MOW de a good hM ~ when Ow bw bidder does not meat X COOT awasd oonawrsrroe x 7.7 Caranerros fiom COOT to Award 7A of Low Bidder 7.9 Amm Co" x 710 and Sets at Plans and Spealkstim I x CONSTRUCTION MANAGEMENT 8.1 NoilOa b Procaad b Iln CorNnabr 92 P. saw X 8 VMSSrrstrrs AM t onbrence Owwrift fJ x PR"urvey • Conobrrcdm x • Momrm.nr ilon x Shudural Cmw; ob � is in COOTCamhobn Aftnuag x Concnb Pwelrwxrt Is in COOT owwwom Afty" X HM0k • el CDDTGbnshm lien $A and dhhbub Pub10 Notfoe of PNnrnd =Conskucgon to nredla and boas addab e.6 O Conshuclion (PE) n91 e in Colorado, who will Win rssporrebb ctfnge of Chad Barr PE g70 37tt23rti CDO Residak~ or .......am LX COOT Ferrw 1241 OM ►qet of 4 pwrloaa adNlone ars ebmo % and wiry not be aaad Page 3 of 5 2/7/2012 2 -4 -36 Pmviehe edaiose We elheebeb &W COOT Fero 1le3 aaas H8e3 ah 4 areF not M wed Page 4of5 2/7/2012 2 -4 -37 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT Provide corpsbnt, ro euperised alMf who wil ensure t e Conked work le coratructad in accordance with the plane and x Construmn and docunmutbn ore Shoo Drawinas x &7 Perform TnafJfe Control 8.8 Perform Consiructlon 8.9 Monument gklhl�"sy 8.10 Rspen and Approve Interim and Final Contractor Pay Eslbmtrlss x x Provide the name and phone number of the person authorized for this task. Chad SMti 270-376 Loch Phone number 8.11 hAwk. and Final and Rwoad X 8.12 Local Raimbueement x 8.13 and Aulhodze Orden x &14 N &15 tAonhfior a.le and snbnrt x 8.17 Resolve Contractor Claims and ompuses x 8.18 Conduct Rux/ne and Random Protect Reviews Provide the name and phone number of the person responsible for this ink. COOT PAddent Enalneer Phan number x MATERIALS 9.1 Conduct Mabrtab Pro-Conttmahon x 92 Complete COW Form 250 - 1Aatedda OoaunenlMlm Rawd • Gennnate bun, which WkWas dawnrbhihp the a*dmuum number of rsghuined tesb and x applicable molsrfal subrillals for al rhatsrtab pbeed on tha project • Update the form ss w rk Pnognsess x • Complabonddlebtuftfimmallgirwo*bw knial X 9.3 gamples and Teals x 9.4 Parforrrh VerlBcaron Tarts 9.5 Accept Menufictured Phodhrcb Inapeclic d struckaal componmAr • Fabric ation of dnx*xM steal and pre-Mnaasd oonorals sYucrurah corm>ixwmits X • devices (0' b W or greMar) Bridgeton • of X 9.8 Sobacea d Mrdsrisla X X 9.7 Independent Ase urance Tee ft (IAT) Local Agency Procedurss 0 COOT Procedures • Generate IAT schedule x • Schedule and provide notification x • C lAT x 9.8 Approve mbr designs ' Cor relp • m& X X X X 9.9 Check Materials Dociumenfatlon 9.10 1 Complete and Disbbute Fkhsi Materials Documentation Pmviehe edaiose We elheebeb &W COOT Fero 1le3 aaas H8e3 ah 4 areF not M wed Page 4of5 2/7/2012 2 -4 -37 Pmvlmn edN mie am c l , - 4 and wiper n o be w.d COOT Fowa 1343 ON" P"04 014 Page 5 of 5 2/ 2 -4 -38 WMPAOm EEOIMAMWft sped@" c�co* �sb MW M ern I ocal AQWW M olea w age 33. EXHIBIT F — CERTIFICATION FOR FEDERAL -AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Page 1 of 1 2/7/2012 2 -4 -39 34. EXHIBIT G — DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Police. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub - recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222 -3400 Phone: (303) 757 -9234 revised 1/22/98 Required by 49 CFR Part 23.41 Page 1 of 1 2/7/2012 2 -4 -40 35. EXHIBIT H — LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states "The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost" and according to 23 CFR 172.5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services ". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24 -30 -1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOTs Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24 -30 -1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24 -30 -1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of 10% for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24 -30- 1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre - qualified prime consultants and their team. It also shows which criteria are used to short- list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Page 2 of 1 2/7/2012 2 -4 -41 Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre - negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS § §24 -30 -1401 through 24 -30 -1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the preceeding eight (8) steps. Page 1 of 2 Ll l /LU 1L 2 -4 -42 36. EXHIBIT I — FEDERAL -AID CONTRACT PROVISIONS FHWA Form 1273 FMA -1273 Electronic version - March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CAN-QTRIIr%Tit%u r%narrownTr_ I. General 1 II. Nondiscrimination ..................................................... ............................... 111. Non - segregated Facilities ........................................ ............................... IV. Payment of Predetermined Minimum Wage ............ ............................... V.Statements and Payrolls ................................... ............................... VI.Racord of Materials, Supplies, and Labor ................ ............................... VII. Subletting or Assigning the Contract ..... ............................... VIII. Safety: Accident Prevention .................. ............................... IX. False Statements Concerning Highway Projects ..... ............................... X. Implementation of Clean Air Act and Federal Water Pollution Control Act ...................................... ............................... XI.Certlicaton Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ........................ ............................... XII. Csrtiftcation Regarding Use of Contract Funds for Lobbying.................................................... ............................... . ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) L GENERAL 1. These contract Provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contrac,Ws immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their Inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for tertNnation of the contract 4. A breach of the following daises of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Sedion 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards Provisions of Section IV (except Paragraph 5) and Section V of these Required Contiact Provisions Shall not be subject to the general disputes clause of this Agreement. Such disputes shall be resolved in accordance with the procedures of the U.S. Department Of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and the corntmctkV agency, the DOL, or the contraCtors employees or their representatives. 6. Selection of Labor: During the performance of this Agreement the contractor shall not: a discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b employ convict labor for any purpose within the limits of the Project unless it is labor performed by convicts who are on parole, supervised release, or probation. (Applicable to all Federal -aid constriction contracts and to all related subcontracts of $10,000 or more.) , 1. Equal Employment Opportunky. Equal employment opportunity ( EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the oontractoes project activities under this Agreement. The Equal Opportunity Construction Contract Specifications sat forth under 41 CFR 604.3 and fire Provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 21 Ii$y.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this Agreement. In the execution of this Agreement, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHIA) and the Federal Government in carrying out EEO obligations and in their review of histher activities under the contract b. The contractor will accept as his operating policy the following statement: 'it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fors of compensation: and selection for training, including apprenticeship, pre opp ondoeship, and/or on -dwjob training." 2. EEO Officers The contractor wwifi designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dlseemination of Poky. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, o who recommend such action, or who are substantially involved in such action, Will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its Implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily aocessible to employees, applicants for employment and potential employees, e. The contractors EEO policy and the Procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. N. NONDISCRIMINATION 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Page 1 of 8 REQUIRED BY 23 CFR 633.102 — 1WHI IM 2 -4 -43 Opportunity Employer • NI such advertisements will be placed in from whi having Publications h Wp circulation among mkority groups in the area project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority Group applicants. To most this requirement, the contractor will identify sotross of potential minority group employees, and establish with such Identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the evert the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he Is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's Compliance with EEO contact provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) C. The contractor will encourage his present employees to refer minority group applicants for employment. Intormadon and procedures with regard to referring minority group applicants will be discussed with employees. 5 . Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, inducing hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contactor will Conduct periodic inspections of Project sites to insure that woridng conditions and employee facilities do not indicate discriminatory treatme of project site personnel. b. The contactor will periodk:aily evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrirrni nation. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate an complaints of alleged discrimination made to the contractor in connection with his obligations under this Agreement, will attempt to resolve such complaints, and will take appropriate Corrective action within a. reasonable tint. if the investigation indicates that the d wriminatlon may affect persons other than the complainant, such oorrec ive action shall include such other Parsons. Upon completion of each investigation, the contactor wit inform every complainant of all of his avenues of appeal. S. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shat make full use of training program, i.e., apprenticeship, and on- the-job training program for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training Is provided under this Agreement, this subparagraph will bs superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will Periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor REQUIRED BY 23 CFR 633.102 — either directly or through a contractor's association acting as agent will include the procedures set forth below. a. The contractor will use beat efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and woman so that they may quality for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union wit be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information Is within the exclusive possession of the labor union and such labor union refuses to hrnish such intonation to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such Information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit sat forth in the collective bargaining g agreement, the contractor will, through independent reuvibment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or dmsabiW, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral tailed to refer minority employees.) In the event the union referral practice prevents the contractor from meting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materlob and Leasing of Equipment: The contractor shad not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, inducing procurement of materials and leases of equipment. a. The contactor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this Agreement. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to oompete for and perform subcontracts which the contractor enters into pursuant to this Agreement. The contractor will use his beat efforts to solicit bids from and to utilize DBE subcontractors or subcodmtrectors with meaninghrl minority group and female representation among their employees. Contractors shall obtain lists of DBE construddon firm from SHA personnel. C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contactor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the oontrm work and shall be available at reasonable times and Places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and woman employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The Progress and efforts being made in securing the services of DBE suboontragors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to e2of8 2/7/2012 2 -4 -44 be reported on Form FHWA-1391. H on-the job training is being required by special provision, the contractor will be required to collect and report training data UL NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a By submission of this bid, the execution of this Agreement or subcontract, or the consummation of this material supply agreement or Purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for Na employees any segregated facilities at any of its establishments, and that the firm does riot permit Its employees to perform their services at any location, under Its control. where segregated facilities are maintained. The firth agrees that a breach of this oerfiftation Is a violation of the EEO provisions of this Agreement. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term 'segregated faci lik" means any waiting rooms, work areas, restrocme and washrooms, restaurants and other eating areas, timedodcs, locker rooms, and other storage or dressing areas. Parking lots. drinking fountains, recreation or entertainment areas. transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, odor, religion, national origin, age or disability. because of habit, local dwstom, or otherwise. The only exception will be for the disabled when the demands for ac essuffty override (e.g. disabled parking). C. The contractor agrees that it has obtained or will obtain identical award of su boontrac or consummation io ommaterial suppliers prior t of $10,000 or more and that it will retain such certifications In agreements flee. IV. PAYMENT OF PREDETERMINED MH ULN WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor Collectors, which are exempt.) 1. General: a All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 2760)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thersol) due at time of payment. The payment shall be computed at wage rates rot less than those contained in the wage determination of the Secretary of Labor (hereinafter 'the wage determi- nation') which is attached hereto and made a part haled, regardless of any oonvwwal relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (I ncludng any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be Posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276x) on behalf of laborers or mechanics are oonsidered wages paid to such laborers or mechanics, subject to the previsions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the daliaclition of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for tie time actually worked therein, provided, that the employer's Payroll records accurately set forth the time spent in each classification in which work is performed 4. Apprentices and TnsMess (Programs of the U.S. DOL) and Ipem: a Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed 3 of 8 REQUIRED BY 23 CFR 633.102 - 2/7/2012 2 -4 -45 C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this Agreement. 2. Classification: a The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not bated in the wage determination, shelf be classified in conformance with the wage determination. b. The contracting officer shall approve an additional dassificatlon, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested Is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the constriction industry; (3) the Proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (If known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (Including the amount designated for fringe bwwfts where appropriate), a report of the action taken shall be sent by the con tracting officer to the DOL, Administrator of the Wage and Hour 20210. T W age y�x Standards Administration, Washington, D.C. e and Hour Administrator, or an authorized representa- tive, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or "AN notify the time s time officer within the 30-day period that additional d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the Pn�ed and wage rate (inducing the amount designated appropriate), the contracting officer stab refer the questions, inducing the views of all interested parties and the recorrrmerdation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary s. The wage rate (Inducing fringe benefits where appropriate) detsrtmked Pursuant to paragraph 2c or 2d of this Section N shall be Paid to all workers Performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe BenMts: a Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an houuly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. ff the contractor or subcontractor, as appropriate, does not make Payments to a trustee or other third person, he/she may consider as a Part of the wages of any taborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. provided, that the Secretary of Labor has found, upon the written request of the contractor, that the appboable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Pursuant fo and individually registered in a bona fide apprenticeship Program registered with the DOL, Employment and Training Administration, Bureau of Apprenticesh and Training, or with a State aPPM*CmhiP agency employed f �reo�ogrzed o by the Bureau, or I a person is da probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of APprentiosship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work aoluallY Performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in Percentage$ of the )oumeyman -level hourly rate) specified In the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at rat less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage d the joumeymen4evel hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefhs in accordance with the provisions of it* apprenticeship program. I the apprenticeship program does rat specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. I the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable Predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to Joumsyman4evei employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the Payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the Classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered Program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the Journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. I the trainee program does not mention fringe benefits, trainees shall be paid the full amount of binge benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determina- tion or is approved pursuant to the conformance procedure set forth in Section N.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprenticss and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary d Transportation as Prorating EEO in connection with Federal -aid highway oonstruodon programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to Journeymen shall not be greater than permitted by the terms of the particular prograrn. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this Agreement or any other Federal contract with the same prime contractor, or any other Federally - assisted Contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued Payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the fuA amount of wages required by the contract. In the evert of failure to pay any laborer or mechanic, Inducing any apprentice, trainee, or helper, employed or working on the 840 of the work, all or part of the wages required by the contract, the SHA Contracting officer may after written notice to the contractor, take such action as may be necessary to cause the suspension of any further PaYrrent, advance, or guarantee of funds until such violations have ceased. 7.Overtim Requhsmertb: No contractor or subcontractor oontractirg for any pan of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (Including apprentices, trainees, and helpers described in Paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and-one -heI times hialher basic rats of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Uquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor small be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shat be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 tours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Whhholdk* for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- = 81319 d contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities d such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. 'age 4 Of 8 REQUIRED BY 23 CFR 633.102 — 2 -4 -46 V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance whh Copeland Regulatbra (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for an laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct dassificallon; hourly rates of wages paid (including rates of contributions or costa anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section i(b)(2)(B) of the Davis Baoon Act); dally and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, nommaily reside in the labor area as defined in Attachment A, paragraph I. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic Include the amount of any coats reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each Subcontractor shall maintain records which show that the commitment to provide Such benefits is enforceable, that the plan or program Is financially responsible, that the Plan or Pro9r= has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost Incurred in providing benafib. Contractors or subcontractors empioying apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed In the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a Payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly Payroll period). The payroll submitted shall set out accurately and completely all of the infonnatbn required to be maintained under Paragraph 2b of this Section V. This information may be Submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029d005- 0014 -1), U.S. Government Printing Office, Washington. D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a 'Statement Of Compliance; signed by the contractor or subcontractor or his /her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contras during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 2d of this Section V. REQUIRED BY 23 CFR 633.102 — f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 1 a U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying. or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shah permit such representatives to interview employees during working tours on the job. If the contractor or subcontractor falls to submit the required records or to make them available. the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for dsbarmsrrt action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a 101`09 account or direct labor basis, highway beautification contracts, and contracts for which the total final constnxxion cost for roadway and bridge is less than $1,000,000 (23 CFR 835) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FKWA47, 'Statement' of materials and Labor Used by Contractor of Highway Construction Involving Federal Funds; prior to the commencement of work under this Agreement. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in 'the work, and also of the quantities of fhoee specific materials and supplies listed on Form FHWA- 47, and In the units shown on Form FHWA -47. c. Furnish, upon the completion of the oontract, to the SHA resident engineer on Form FHWA -47 together with the data required in Paragraph 1 b relative to materials and Supplies, a final labor summary of all contras work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT I. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsew in the contract) of th e total original cont ract price, excluding y be performed by items Kom subcontran nt d the amou of any such sp specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. 'Ills own organization' shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without Operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. 'SPeciaty items' Shall be construed to be limited to worts that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contras as a whole and in general are to be limited to minor components of the overall contras. 2. The contras amount upon which the requirements Set forth in Paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall famish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct Performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources ( Supervision, managemsnt, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No Portion of the contras shall be sublet, assigned or otherwise Page 5 of 8 2/7/2012 2 -4 -47 disposed of except with the written consent of the SHA contracting Officer. or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all Pertinent provisions and requirements of the prime contract VW. SAFETY: ACCIDENT PREVENTION with 1 . In the performance of this Agreeme th e contractor shall comply I health, and�sanitation 23 CFR at635) and The for governing i � all safeguards, safety devices and Protective equip roM and take any other needed actions as it deterrdnes, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect Property in connection with the performance of the work covered by the contract. 2. it is a condition of this Agreement, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this Agreement, that the contractor and any subcontractor shall not permit any employee, in Performance Of the contract, to work in surtoundirgs or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under oorshI Lion Safety and health standards (29 CFR 1926) promulgated by the Secretary of labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this Agreement that the Secretary of Labor or authorized representative thereof, shag have right of entry to any site of contract Performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable Constriction In conformity, with approved Plans and specificatlons and a high degree of reliability on statement and representations made by engineers, contractors, suppli- ers, and workers on Federal-aid highway project, 4 is essential that all persons concerned with the Project Perform their functions as carefully, thoroughly, and honestly as Possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project Is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar act, the following notice shall be Posted on each Federal -aid highway project (23 CFR 635) In one or more Places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HMHWAY PROJECTS 16 U.S.C. 1020 reads as follows: '"09Vsr, being an ofTios, Agent, or employee of the united Stma, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statsmsn4 /ales repressWation, or false report as to the character, quafft, quarhtily, or cost of the material used or to be used, or the quantity or quality of the wok P940msd Of to be perklmod, or ti-* cost thereof in connection mvith the submission ofplans, mom, speolkatior►s, oontracis, or costa of Construction on any MDbwaie or related pojsct sub,~ for approvat to the secretary of Transportation; or Whoever ugly mattes any fats@ staterrrsrry false represm ation, false report or false dam with respect to time character, quaditl, quantity, Of twat of any work Poformod or to be performed, or malwisk lunishhed Or to be fuirsirsd, in connection with the construction of any highway or related Pn:OW approved by the Secretary of Transportation, or Whoever knowingly makes any /alas statsmsrht or false rspressmation as to material fact In any shonwn4 certllicate, or report submitted Pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and supplemented, - Shad be fined not more that $10,000 or imprisorhed not more than 5 years or both. ' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contract and to all related subcontract of 51 00,000 or more.) By submission of this bid or the execution of this Agreement, or subcontract, as appropriate, the bidder, Federal -aid construction contractor. or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this Agreement, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 41 all., as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 gj NN., as amended by Pub.L. 92 -500), Executive Order 11736, and regulations in implementation thereof (40 CFR 15) is riot listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firth agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 306 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firth shall promptly notify. the SHA of the rec a pt ol communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of Paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the goverment may direct as a means of enforcing such requirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. instructlww for Certification - Primary Covered Trarmeactiorm: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective P PWWPant IS Providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered wh y it cannot Pfd rtilt am out l bebw The cqWmaijon or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective Primary participant to furnish a certification or an explanation shall disqualify such a person from Participation in We transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. 0 it is later determined that the Prospective Primary participant knowingly rendered an erronewam certifi cation, in addition to other remedies available to the Federal for cause mnlw dafaudepa�t o agency may terminate this transaction d. The prospective primary participant shall Provide immediate written notice to the department or agency to whom this proposal is submitted if any tin the prospective primary participant barns that its certification was erroneous when submitted or has become erroneous by reason of charged circumstances. e. The terms "covered transaction; -debarred 'ineligible,' "lower tier covered transaction; 'participant,' 'person; 'Primary covered transaction; •principal; - Proposal; and 'voluntarily excluded,' as used in this clause, have the meanings set out in the Definitions and Coverage sections of rubs implementing ExerntNs Order 12549. You may contact the department or agency to which this Proposal is submitted for assistance in obtaining a copy of those regulations. I, The Prospective primary participant agrees by submitting this Proposal that, should the Proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a Person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g• The p Primary ParticiPaM further agrees by submitting this Proposal that it will include the clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and voluntary Exclusion- Lower Tier Covered Transaction; Wovided by the department or agency 6of8 1 P7/ )011 REQUIRED BY 23 CFR 633.102 — 2 -4 -48 entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a kmer tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non - procurement portion of the 'Lists of Parties Excluded From Federal Procurement or Non - procurement Programs' (Non - procurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and intornnation of participant is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of time instructions, 9 a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Insligibilky and Voluntary Exclusion— Prinary Covered Transactbrm 1. The prospective pricey participant certifies to the best of Its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period precedxg this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of charged circumstances. d. The terms 'covered transaction; 'debarred,' - suspended: "ineligible: 'primary covered transaction," 'participant," 'person: "Principal,' 'proposal: and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of time regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall rat knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The prospective barer tier participant further agrees by submitting this proposal that it will include this clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction; without modification, in all lower tier covered transactions and in all solkttations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non- procurerne t List h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these Instructions, It a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, inducing suspension andvor debarment c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3 -year period preceding this appficati proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Inapt ctions for Certification - Lower Tier Covered Tranaao- dons: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exduabn —Lower Tier Covered Transact ons: 1. The prospective lower tier participant certifies. by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. K it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, inducing suspension andlor debarment. XL CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYWO (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of 7of8 REQUIRED BY 23 CFR 633.102 - 2/7/2012 2 -4 -49 any Federal contract, the making of any Federal grant, the making of any Federal ban, the entering into of any cooperative agreement, and the extension, continuation, renewal, amwdmem, or modification of any Federal contract, grant, ban, or cooperative agreement. b. K any funds other than Federal appropriated funds have been paid or WO be paid to any person for influenclng or attempting to Influence an officer or employes of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying; in accordance with Its instructions. tge8of8 ttttas�t� nr�inn,n 2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 2. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required csditation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective par" dpant also agrees by submitting his or her bid or Proposal that he or she shall require that the language of this certificaton be included in all lower tier subcontracts, which Ms exceed $100,000 and that all such redpie shall certify and discoed accordingly REQUIRED BY 23 CFR 633.102 — 2 -4 -50 37. EXHIBIT J — FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: I. the Local Agency /Contractor shall follow applicable procurement procedures, as required by section 18.36(d); If. the Local Agency /Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; ill. the Local Agency /Contractor shall comply with section 18.37 concerning any sub - Agreements; Iv. to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency /Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub - Agreement procedures, as applicable; v. the Local Agency /Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencys and their contractors or sub -the Local Agencys). C. Copeland "Anti- Kickback" Act The Copeland "Anti - Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub - Agreements for construction or repair). D. Davis -Bacon Act The Davis -Bacon Act (40 U.S.C. 276a to a -7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencys and sub -the Local Agencys when required by Federal Agreement program legislation. This act requires that all laborers and mechanics employed by contractors or sub - contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the Local Agencys and sub -the Local Agencys in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub - Agreements of amounts in excess of $100,000). G. Energy Policy and Conservation Act Page 1 of 3 2/7/2012 2 -4 -51 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163). H. OMB Circulars Office of Management and Budget Circulars A -87, A -21 or A -122, and A -102 or A -110, whichever is applicable. I. Hatch Act The Hatch Act (5 USC 1501 -1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally- assisted programs. J. Nondiscrimination 42 USC 6101 eta 42 USC 20004, 29 USC 794, and implementing regulation, 45 C.F.R. Pa 80 et. sea. These acts require that no person shall, on the grounds of r rt ace, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. K. ADA The Americans with Disabilities Act (Public Law 101 -336; 42 USC 12101, 12102, 12111 - 12117, 12131- 12134, 12141- 12150, 12161- 12165, 12181- 12189, 12201 -12213 47 USC 225 and 47 USC 611. L. Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91 -646, as amended and Public Law 100 -17, 101 Stat. 246 -256). (If the contractor is acquiring real property and displacing households or businesses in the performance of the Agreement). M. Drug -Free Workplace Act The Drug -Free Workplace Act (Public Law 100 -690 Title V, subtitle D, 41 USC 701 et sea. . N. Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 0.23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts ". P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts ". 0.23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions ". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. S. Nondiscrimination Provisions: S. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal agree as follows: Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, I. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this Agreement. Page 2 of 3 ')/7 / ')( 1 l) 2 -4 -52 ii. Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. Iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed - under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. Iv. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. v. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. T. Incorporation of Provisions §22 The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. Page 3of3 2/7/2012 2 -4 -53 DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch David A. Wells Contracting Officer 4201 East Arkansas Avenue, 4` Floor West Denver, Colorado 80222 Telephone: (303) 757 -9480 January 27, 2011 Town of Vail Chad Salli Project Engineer 1309 Elkhorn Drive Vail, CO 81657 IGA Option Letter to Encumber Funds Fully Executed Subject: Matterhorn BR Replacement Project # BRO M306 -005 (18033) Option ! Routing # 11 HA3 28140 PO# 271001343 Original Contract Routing # 11HA3 25016 ID # 331000375 Dear Chad, OT D®ARTM@!r OF TRANOD[rATN]N Enclosed please find one fully executed copy of the above referenced Option Letter #1 between Town of Vail and the Colorado Department of Transportation for the Design and Construction of the Matterhorn Bridge replacement project. Federal Funds for Design are now available and encumbered via this Option Letter. Thank you for your assistance in the execution of this IGA. Please call me at (303) 757 -9480 if you have any questions or if I can be of further assistance. Best Regards, David . D Wells Contracting Officer Cc: Brian Killian CDOT R3 2/7/2012 2 -4 -54 r OPTION 1 BRO M306 -005 (18033) IGA OPTION LETTER # 1 ) ( te: State Fiscal Op l tion Letter No. CLIN Routing # 11 HA3 28140 2011 Year: 2011 PO # 271001343 Local Agency Name: TOWN OF VAIL CDOT Vendor #2000003 Project # BRO M306 -005 (18033) Matterhorn Bridge Replacement Original Contract # 11 HA3 25016 A. SUBJECT: Adding Design Phase Funding The state hereby exercises the Option to add phasing to include Design & Construction per the Section 7 OPTION LETTER MODIFICATION clause of the original basic contract. B. REQUIRED PROVISIONS In accordance with the terms of the original IGA Contract # 11 HA3 25016; ID # 331000375 between the State of Colorado, Department of Transportation and The Town of Vail, the State hereby exercises the option to add an overlapping phase in FY 2011 that will include the Design Phase to encumber the $118,733.00 in design funds of Project # BRO M306 -005 (18033), the Matterhorn Bridge Replacement Project. Total funds for this contract remain unchanged at $118,733.00 as referenced in Exhibit C of the original contract. The Contract Encumbrance Amount #1 of Contract 11 HA3 25016 as contained in the Original Exhibit C is hereby modified to read $118,733.00. Exhibit C -1 is attached hereto and incorporated herein by this reference to the original basic contract, and replaces the original Exhibit C in its entirety. The total contract value to include all previous amendments, option letters, etc. remains unchanged at $118,733.00. The effective date of this Option Letter is the approval date of the State Controller or delegate. Page 1 of 2 2/7/2012 2 -4 -55 U OPTION 1 BRO M306 -005 (18033) APPROVALS: STATE OF COLORADO: JOHN W. HICKENLOOPER, GOVERNOR BY: j a- , ij � FOR THE EXECUTIVE DIRECTOR COLORADO DEPARTMENT OF TRANSPORTATION ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER DAVID J. MCDE OTT, CPA By: Date: Issuance date: Controller Signature 2fW� of 2 z -4 -50 t OPTION 1 BRO M306 -005 (18033) EXHIBIT C —1 FUNDING PROVISIONS The Local Agency has estimated the total cost the Work to be $118,733.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds (80% of Participating Costs) b. Local Agency Matching Funds (20% of Participating Costs) d. Local Agency Overmatch (Including Non - Participating Indirect costs) $94,986. $23,747. $0. [TOTAL BUDGETED FUNDS $118,733.00 2 ESTIMATED CDOT - INCURRED COSTS a. Federal Share (_ of Participating Costs) b. Local Agency Local Agency Share of Participating Costs Non - Participating Costs Estimated to be Billed to Local Agency $0.00 $0.00 $0. I TOTAL ESTIMATED CD OT - INCURRED COSTS , tn nn 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (la) $94,986.00 b. Less Estimated Federal Share of CDOT - Incurred Costs 2a $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY S94 -9M on FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount * Note — Note —There are $118,733.00 in Design Phase Funds currently available. construction funds will be encumbered by Option Letter or Formal Amendment Less ROW Acquisition 3111 and/or ROW Relocation 3109 Net to be encumbered as follows: VMS Element 18033.10.30 Desi WBS Element 1 8033.20. 10 Const Exhibit C -1 Page 1 of 2 2/7/2012 3020 3301 $0 2 -4 -57 EXHIBIT C —1 FUNDING PROVISIONS B. Matching Funds OPTION 1 BRO M306 -005 (18033) The matching ratio for the federal participating funds for this Work is 80% federal -aid funds to 20% Local Agency funds, it being understood that such ratio applies only to the $118,733.00 that is eligible for federal participation, it being further understood that all non - participating costs are bome by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $118,733.00, and additional federal funds are made available for the Work, the Local Agency shall pay 17.19% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $118,733.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $94,986.00 (For CDOT accounting purposes, the federal funds of $94,986.00 and the Local Agency matching funds of $23,747.00 will be encumbered for a total encumbrance of $118,733.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. — * Note —There are $118,733.00 in Design Phase Funds currently available. construction funds will be encumbered by Option Letter or Formal Amendment. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non - profit organization Sub -The Local Agencys receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A -133 (Audits of States, Local Governments and Non - Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub -The Local Agencys receiving federal funds are as follows: i. Expenditure less than $500,000 If the Sub -The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $500,000- Highway Funds Only If the Sub -The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding than $500,000- Multiple Funding Sources If the Sub -The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization /entity. IV Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C -1 Page 2 of 2 2/7/2012 2 -4 -58 CONTRACT AMENDMENT Amendment #1 Original Contract CMS #11 HA3 25096 CMS # 12 HA3 40720 Project #BRO M306 -005 (18033) OIL# 33100375 1) PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between the TOWN OF VAIL, (hereinafter called "The Local Agency "), and the STATE OF COLORADO (hereinafter called the "State ") acting by and through the Department of Transportation, (hereinafter called "CDOT "). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Original Basic Contract #11 HA3 25016, dated December 30, 2010, to remove and replace the Vail Matterhorn Bridge, which is located within the Town of Vail. The Design Phase funding in amount of $118,733.00 was encumbered in Exhibit C -1, Option Letter #1 dated January 26, 2011.The parties now desire to add the Construction Phase funds in amount of $908,767.00, increasing the total contract to a new contract value of $1,027,500.00. 4) CONSIDERATION- COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference herein. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Amendment and all prior amendments thereto, if any, are modified as follows: a. Exhibit C 7 2 Exhibit C and C -1 to the Basic Contract shall be removed and replaced in its entirety by Exhibit C -2 attached hereto and incorporated herein by this reference. All references in the Basic Contract to Exhibit C shall be removed and replaced by Exhibit C -2. Also, this Amendment #1 will correct Exhibit C -1 Design Encumbrance in Option Letter #1 dated January 26, 2011. The amount encumbered was incorrectly stated as $94,986.00 and should be $118,733.00. b. Section 22 and Exhibit K Supplemental Federal Provisions will be added by deleting Section 22 of the Basic Contract in its entirety and replacing it with the following: Section 22 Federal Requirements The Local Agency and /or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement strictly adhere to, and comply with, all applicable federal and state 2/7/2012 laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of certain federal and state laws that may be applicable are described in Exhibit J (Section 37) and Exhibit K (Section 38 — FFATA- Supplemental Federal Provisions). Exhibit K — FFATA FFATA Federal Provisions attached hereto and incorporated herein by this reference are hereby added to the Basic Contract. 7) START DATE This Amendment shall take effect upon the date of the State Controller's Signature. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. The Remainder of this Page left Intentionally Blank 2/7/2012 -4- THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. Local Agency City of Fort Collins By: Title: STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Transportation Timothy J. Harris - CDOT Chief Engineer Signature Date Date LEGAL REVIEW John W. Suthers, Attorney General By: Signature - Attorney General's Office ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts, This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Department of Transportation Date: 7 2012 30. EXHIBIT C -2 — FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $908,767.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $727,01400 {80% of Participating Costs} b. Local Agency Matching Funds $181,753.00 (20% of Participating Costs) c. State Matching Funds $0.00 (_% of Participating Costs) d. Local Agency Matching for CDOT - Incurred Non - Participating Costs [AND /OR] Overmatch $0.00 (Including Non - Participating Endirects) I TOTAL BUDGETED FUNDS $908,767.00 2 ESTIMATED CDOT- INCURRED COSTS i a. Federal Share $0.00 (^ of Participating Casts) b. Local Agency Local Agency Share of Participating Costs $0.00 Non- Participating Costs (Including Non- Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $.00 b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $727,014.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount ($0.00 divided by __.. ° /a) $0.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 7, _Rg9e 1 of 2 w w B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds (CFDA #20.205) to 20% Local Agency funds, it being understood that such ratio applies only to the $908,767.00 that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $908,767.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $908,767.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $727,014.00 (For CDOT accounting purposes, the federal funds of $727,014.00 and the Local Agency matching funds of $181,753.00will be encumbered for a total encumbrance of $908,767.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred.* *Nate - $0.00 is currently available. Additional funds or Local Agency Overmatch will be added in the future by Option Letter or Amendment. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non - profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A -133 (Audits of States, Local Governments and Non - Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: L Expenditure less than $500,000 The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. n. Expenditure exceeding than $500,000- Highway Funds Only The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. Ill. Expenditure exceeding than $500,000 - Multiple Funding Sources The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization /entity. iv, Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. zi7i_RAge 2 of 2 -4- Net to be encumbered as follows: $0 Note: $0.00 is currently available. Additional Funds will be added in the future by Option Letter or Amendment WBS Element 18462.10.30 Design 3020 $0.00 WBS Element 18462.20.10 Const 1 3301 $0.00 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds (CFDA #20.205) to 20% Local Agency funds, it being understood that such ratio applies only to the $908,767.00 that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $908,767.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $908,767.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $727,014.00 (For CDOT accounting purposes, the federal funds of $727,014.00 and the Local Agency matching funds of $181,753.00will be encumbered for a total encumbrance of $908,767.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred.* *Nate - $0.00 is currently available. Additional funds or Local Agency Overmatch will be added in the future by Option Letter or Amendment. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non - profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A -133 (Audits of States, Local Governments and Non - Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: L Expenditure less than $500,000 The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. n. Expenditure exceeding than $500,000- Highway Funds Only The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. Ill. Expenditure exceeding than $500,000 - Multiple Funding Sources The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization /entity. iv, Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. zi7i_RAge 2 of 2 -4- Exhibit K State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended As of 1015 -10 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non- Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.1 Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 US.C. 3710); 1.1 A. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111.5). 1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http:l/www.bpn.gov/cc . 1.3. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 2/7/284IIe 1 of 4 2 -4 -64 1.5. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http: / /fedgov.dnb.com/webform 1.6. "Entity" means all of the following as defined at 2 CFR 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.6.2. A foreign public entity; 1.6.3. A domestic or foreign non- profit organization; 1.6.4. A domestic or foreign for - profit organization; and 1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.7. "Executive" means an officer, managing partner or any other employee in a management position. 1.8. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to as the "Transparency Act." 1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.11. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12, "Subrecipient" means a non - Federal Entity (or a Federal agency under an Award or Subaward to a non - Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipienfs Central Contractor Registration (CCR) profile, if applicable. 1.14. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non - equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above - market earnings on deferred compensation which is not tax - qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the 2/7/2 IF 2 o14 2 -4 -65 employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR information at least annually after the initial registration, and more frequently if required by changes in its information. 3.1 DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more, and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. S. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/scolFFATA,htm 6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental 2/7/AT 3 ' 4 2 -4 -66 provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.8 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in CCR. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non - profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at.the OMB Web site, Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. 2/7/20 ir 2 -4 -67 0 TOWN OF VAIL � To: Vail Town Council From: Community Development Department Date: February 7, 2012 Memorandum Subject: 12 -13 -5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit I. 12 -13 -5: EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM, VAIL TOWN CODE On June 21, 2011 the Vail Town Council unanimously approved the passage of Ordinance No. 10, Series of 2011. Vail Town Code identifies the purpose of the amended regulations as follows: Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. II. DESCRIPTION OF REQUEST The owner of Lot 8, Vail Village Second Filing /252 W. Meadow Drive that has a 500 square foot Employee Housing unit, has demonstrated the property complies with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. The owner is requesting the exchange of the employee housing unit deed restriction and will provide a new deed restricted employee housing unit and a fee -in -lieu payment for three times the square feet of the existing deed restricted employee housing unit. The exchange unit has been identified and approved by staff. 2/7/2012 2 -s -i III. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot 8, Vail Village Second Filing /252 W. Meadow Drive, in exchange for new deed restricted employee housing at Pitkin Creek Park Unit 11- 1/4051 Bighorn Road Unit 11 -1 (1,210 square feet) and a fee in lieu payment of $69,788.50 (290 square feet x $240.65). IV. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot 8, Vail Village Second Filing /252 W. Meadow Drive, in exchange for new deed restricted employee housing at Pitkin Creek Park Unit 11- 1/4051 Bighorn Road Unit 11 -1 (1,210 square feet) and a fee in lieu payment of $69,788.50 (290 square feet x $240.65). Staff recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of employee housing units, pursuant to Section 12 -13 -5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 8, Vail Village Second Filing, in exchange for new deed restricted employee housing at Pitkin Creek Park Unit 11- 114051 Bighorn Road Unit 114 (1,210 square feet) and a fee in lieu payment of $69,788.50 (290 square feet x $240.65), and setting forth details in regard thereto. " V. ATTACHMENT A. Staff Memorandum dated January 24, 2012 Town of Vail Page 2 2i7i2oi2 2 -5 -2 0 ) TOWN OF VAIL ` TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 24, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 8, Vail Village Second Filing /252 W. Meadow Drive in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Pitkin Creek Park Unit 11- 1/4051 Bighorn Road Unit 11 -1 and a fee in lieu payment of $69,788.50 (290 square feet x $240.65), pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Glenda and Fredric Corrigan represented by Matt Blake Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicants, Glenda and Fredric Corrigan, are proposing to exchange a deed restriction from an existing employee housing unit located at 252 W. Meadow Drive in exchange for the placement of an employee housing deed restriction on another dwelling unit located at 4051 Bighorn Road Unit 11 -1 and a fee in lieu payment of $69,788.50. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and This proposed EHU is located 4051 Bighorn Road, which is located in East Vail and has good proximity to Town of Vail bus stops and to the commercial job core. The East Vail location also adds to the distribution of EHUs throughout Vail. Therefore, Staff believes the proposed EHU conforms to this criterion. Town of Vail 2/7/2012 2 -5 -3 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12 -23 -3 of this title; and The proposed EHU is a three - bedroom, two - bathroom unit in 1,210 square feet. This is less than the three - bedroom minimum unit size of 1,225 square feet. As the unit is meeting square feet requirements and not employee requirements staff believes this is an acceptable deviation. Additionally, the applicants will pay a fee -in -lieu for the remaining square feet. Therefore, Staff believes this proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The monthly homeowners' association fees are $407. Pitkin Creek Park has a strong association and the fees are commensurate with the size of the unit and the amenities provided. Therefore, Staff believes the proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and Pitkin Creek Park has a strong association and the fees are commensurate with the amenities provided. On site amenities include an outdoor pool, hot tub, volley ball court, and a small park. Therefore, Staff believes the proposed EHU conforms to this criterion. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed EHU has proximity to public transportation and the commercial job core. Therefore, the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed EHU is currently an employee occupied unit. The exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. Town of Vail 2/7/2012 Page 2 2 -5 -4 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations, and is therefore consistent with this criterion. III. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 5, Block 7, Vail Village First Filing /126 Forest Road, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Pitkin Creek Park Unit 11- 1/4051 Bighorn Road Unit 11 -1 and a fee in lieu payment of $69,788.50, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. " Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: 'Based upon the review of the criteria outlined in Section 11 of the January 24, 2012, staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12 -1 -2, Vail Town Code, and the employee housing regulations of Section 12 -13 -1, Vail Town Code; and, Town of Vail 2/7/2012 Page 3 2 -5 -5 4. The application promotes the health, safety, morals, and general welfare of the town and promotes 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. " Town of Vail 2/7/2012 Page 4 2 -5 -6 rowN of vain I • �k11i •II<In1it�111l II From: Community Development Department Date: February 7, 2012 Memorandum Subject: 12 -13 -5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of four deed restrictions from existing employee housing units I. 12 -13 -5: EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM, VAIL TOWN CODE On June 21, 2011 the Vail Town Council unanimously approved the passage of Ordinance No. 10, Series of 2011. Vail Town Code identifies the purpose of the amended regulations as follows: Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. II. DESCRIPTION OF REQUEST The owners of the following four Employee Housing Units (EHU): • Crossview at Vail /1460 Buffehr Creek Road (433 sq ft EHU) • Lot 10, Dauphinais Mosely Subdivision /1420 Moraine Drive (796 sq ft EHU) • Lot 6, Block 1, Gore Creek Subdivision /5114 Grouse Lane (1,302 sq ft EHU) • Lot 5, Block 7, Vail Village First Filing /126 Forest Road (490 sq ft EHU) have demonstrated the properties comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. 2/7/2012 2 -6 -1 The owners are requesting the exchange of employee housing unit deed restrictions and will provide four new deed restricted employee housing units for two and three (as required) times the square feet of the existing deed restricted employee housing unit. The exchange units have been identified and approved by staff. The four exchanges proposed require at least 6,532 square feet and the applicants are proposing to deed restrict 6,622 square feet, per the regulations no credit will be given for the additional 90 square feet. The distribution of the square feet in the proposed EHUs does not align with the four exchange EHUs, consequently the exchanges are being proposed as a "bundle ". Exchange EHU Required Square Feet 1460 Buffehr Creek Rd 866 sq ft 1420 Moraine Drive 1,592 sq ft 5114 Grouse Lane 2,604 sq ft 126 Forest Road 1,470 sq ft 6,532 sq ft III. HOUSING AUTHORITY RECOMMENDATION Proposed EHU Square Feet 2111 N. Frontage Rd 1,330 sq ft 2700 Larkspur Ct #1 1,832 sq ft 2700 Larkspur Ct #3 1,832 sq ft 2510 Kinnickinick 1,628 sq ft 6,622 sq ft The Vail Local Housing Authority (VLHA) recommends the Vail Town Council deny the proposed exchange of employee housing units located at Crossview at Vail /1460 Buffehr Creek Road, Lot 10, Dauphinais Mosely Subdivision, Lot 6, Block 1, Gore Creek Subdivision /5114 Grouse Lane and Lot 5, Block 7, Vail Village First Filing /126 Forest Road. The VLHA believes this type of transaction is not currently authorized by the regulations. The VLHA believes the proposed exchanges meet the spirit and intent of the regulations. The VLHA believes acceptance of the proposed bundle and any future such bundling proposals is a policy decision for the Vail Town Council. The VLHA believes Town Council should consider whether to amend the regulation to allow bundling. If so, the VLHA recommends the Town Council consider the following policy objectives when considering an amendment: • Does bundling exchanges meet the spirit and intent of the regulations? • How bundling may impact the collection of fee -in -lieu payments? • If bundling occurs, should there be no net loss in the number of EHUs? • How bundling may impact the rate of owner occupied and renter occupied EHUs? • How bundling may affect the concentration of EHUs in certain complexes? Town of Vail Page 2 2i7i2oi2 2 -6 -2 IV. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council approve the proposed exchange of employee housing units located at Crossview at Vail /1460 Buffehr Creek Road, Lot 10, Dauphinais Mosely Subdivision, Lot 6, Block 1, Gore Creek Subdivision /5114 Grouse Lane and Lot 5, Block 7, Vail Village First Filing /126 Forest Road. Staff believes the proposed exchanges are compliant with the regulations. Staff believes the bundled exchange proposed meets the purpose of the Employee Housing Unit Exchange Program "to provide occupied livable, affordable employee housing units within the Town of Vail "The Town of Vail adopted the exchange program to increase the quantity and quality of occupied EHUs. The proposed exchanges meet the expectations of the EHU Exchange Program. If the exchanges were proposed individually, the Town would have an expectation of four EHUs totaling 6,532 square feet. The applicants are proposing to provide the Town with four EHUs, 6,622 square feet and no credit for the additional 90 square feet. Based on the proposed number of EHUs, total square feet of the proposed EHUs and no future credit, Staff believes this is in compliance with the regulations. Staff recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute deed restriction releases and approves the request for exchanges of employee housing units, pursuant to Section 12 -13 -5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Crossview at Vai111460 Buffehr Creek Road, Lot 10, Dauphinais Mosely Subdivision, Lot 6, Block 1, Gore Creek Subdivision 15114 Grouse Lane and Lot 5, Block 7, Vail Village First Filing /126 Forest Road, in exchange for new deed restricted employee housing units at Vail das Schone Condo A- 24/2111 N. Frontage Road A- 24, Vail Wilderness Townhouses, Unit 112700 Larkspur Court No. 1, Vail Wilderness Townhouses, Unit 112700 Larkspur Court No. 3 and Meadow Creek Condominiums L- 312510 Kinnickinick L -3 in Vail, and setting forth details in regard thereto. " V. ATTACHMENTS A. Applicant's letter dated December 28, 2011 B. Applicant's letter dated January 17, 2012 C. Staff Memorandum to the Vail Local Housing Authority dated January 11, 2012 Town of Vail Page 3 2i7i2oi2 2 -6 -3 0 ) TOWN OF VAIL ` TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 11, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Dauphinais- Mosely Subdivision Lot 10/1420 Moraine Drive, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Meadow Creek Condominiums L- 3/2510 Kinnickinick L -3, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: William and Pamela Bailey, represented by Mauriello Planning Group Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicants, William and Pamela Bailey, are proposing to exchange a deed restriction from an existing employee housing unit located at 1420 Moraine Drive in exchange for the placement of an employee housing deed restriction on another dwelling unit located at 2510 Kinnickinick L -3. Ordinance No. 22, Series of 2011, amended Special Development District No. 22 on January 3, 2012. The amendment facilitates this exchange. The applicant's request (Attachment A) has been attached for review. For exchange purposes this request has been bundled with three other requests, the Cohn's, Read's and Merten's. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and Town of Vail 2/7/2012 2 -6 -4 The proposed EHU is located at 2510 Kinnickinick L -3 and has proximity to all of the services in West Vail, access to multiple Town of Vail and ECO bus stops and to the commercial job core. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12 -23 -3 of this title; and The proposed EHU is a three - bedroom, two and one -half bathroom unit in 1,628 square feet. This is in excess of the three - bedroom minimum unit size of 1,225 square feet. Therefore, Staff believes the proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The fees imposed by the homeowners' association are generally commensurate with the services provided and included in the fees and are comparable to those charged in Vail. Therefore, Staff believes the proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and The fees imposed by the homeowners' association are generally commensurate with the services provided and included in the fees. Therefore, Staff believes the proposed EHU conforms to this criterion. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed EHU is located adjacent to the services in West Vail and has proximity to public transportation. Therefore the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed EHU is currently an employee occupied unit. The exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Town of Vail 2/7/2012 Page 2 2 -6 -s 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's Zoning Regulations, and is therefore consistent with this criterion. III. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Dauphinais- Mosely Subdivision Lot 1011420 Moraine Drive, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Meadow Creek Condominiums L- 312510 Kinnickinick L -3, pursuant to Section 12- 13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. " Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: 'Based upon the review of the criteria outlined in Section 11 of the January 11, 2012, staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12 -1 -2, Vail Town Code, and the employee housing regulations of Section 12 -13 -1, Vail Town Code; and, Town of Vail 2/7/2012 Page 3 2 -6 -6 4. The application promotes the health, safety, morals, and general welfare of the town and promotes 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. " IV. ATTACHMENTS A. Applicant's Request Town of Vail 2/7/2012 Page 4 2 -6 -7 0 ) TOWN OF VAIL ` TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 11, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Crossview at Vail /1460 Buffehr Creek Road, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail das Schone Condo A- 24/2111 N. Frontage Road A -24, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Craig and Sharon Cohn, represented by Mauriello Planning Group Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicants, Craig and Sharon Cohn, are proposing to exchange a deed restriction from an existing employee housing unit located at 1460 Buffehr Creek Road in exchange for the placement of an employee housing deed restriction on another dwelling unit located at 2111 N. Frontage Road A -24. Ordinance No. 19, Series of 2011, amended Special Development District No. 29 on October 18, 2011. The amendment facilitates this exchange. The applicant's request (Attachment A) has been attached for review. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and The proposed EHU is located at 2111 N. Frontage Road and has proximity to all of the services in West Vail, access to multiple Town of Vail and ECO bus stops and to the Town of Vail 2/7/2012 2 -6 -8 commercial job core. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12 -23 -3 of this title; and The proposed EHU is a two - bedroom, two - bathroom unit in 1,330 square feet. This is in excess of the two - bedroom minimum unit size of 788 square feet. Therefore, Staff believes the proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The fees imposed by the homeowners' association are generally commensurate with the services provided and included in the fees and are comparable to those charged in Vail. Therefore, Staff believes the proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and The fees imposed by the homeowners' association are generally commensurate with the services provided and included in the fees. Therefore, Staff believes the proposed EHU conforms to this criterion. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed EHU is located adjacent to the services in West Vail and has proximity to public transportation. The existing EHU does not have proximity to public transportation, therefore the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed EHU is currently an employee occupied unit. The exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Town of Vail 2/7/2012 Page 2 2 -6 -9 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's Zoning Regulations, and is therefore consistent with this criterion. III. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Crossview at Vail/ 1460 Buffehr Creek Road, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail das Schone Condo A- 24/2111 N. Frontage Road A -24, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. " Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: 'Based upon the review of the criteria outlined in Section 11 of the January 11, 2012, staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12 -1 -2, Vail Town Code, and the employee housing regulations of Section 12 -13 -1, Vail Town Code; and, Town of Vail 2/7/2012 Page 3 2 -6- 10 4. The application promotes the health, safety, morals, and general welfare of the town and promotes 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. " IV. ATTACHMENTS A. Applicant's Request Town of Vail 2/7/2012 Page 4 2 -6- 11 0 ) TOWN OF VAIL ` TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 11, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 6, Block 1, Gore Creek Subdivision /5114 Grouse Lane, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail Wilderness Townhouses, Unit 1/2700 Larkspur Court No. 1, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: David and Jill Mertens, represented by Mauriello Planning Group Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicants, David and Jill Mertens, are proposing to exchange a deed restriction from an existing employee housing unit located at 5114 Grouse Lane in exchange for the placement of an employee housing deed restriction on another dwelling unit located at 2700 Larkspur Court No. 1. As requested, the applicant's have had the size of the existing EHU verified by a surveyor. The existing EHU is 1,302 square feet and not the 1,833 square feet in the recorded deed restriction. The applicant's request (Attachment A) has been attached for review. For exchange purposes this request has been bundled with three other requests, the Cohn's, Read's and Bailey's. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and Town of Vail 2/7/2012 2 -6 -12 This proposed EHU is located 2700 Larkspur Court No. 1, which is located in Intermountain and has good proximity to all of the services in West Vail, Town of Vail bus stops and to the commercial job core. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12 -23 -3 of this title; and The proposed EHU is a three - bedroom, two - bathroom unit in 1,832 square feet. This is in excess of the three - bedroom minimum unit size of 1,225 square feet. Therefore, Staff believes this proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and There is no homeowners' association fees associated with this unit. It is part of a triplex that has a single owner. Therefore, Staff believes the proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and There is no homeowners' association fees associated with this unit. It is part of a triplex that has a single owner. Therefore, Staff believes the proposed EHU conforms to this criterion. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed EHU is located near the services of West Vail and has proximity to public transportation. Therefore, the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed EHU is currently an employee occupied unit. The exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. Town of Vail 2/7/2012 Page 2 2 -6- 13 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations, and is therefore consistent with this criterion. III. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 6, Block 1, Gore Creek Subdivision/ 5114 Grouse Lane, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail Wilderness Townhouses, Unit 112700 Larkspur Court No. 1, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto." Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: 'Based upon the review of the criteria outlined in Section 11 of the January 11, 2012, staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12 -1 -2, Vail Town Code, and the employee housing regulations of Section 12 -13 -1, Vail Town Code; and, Town of Vail 2/7/2012 Page 3 2 -6- 14 4. The application promotes the health, safety, morals, and general welfare of the town and promotes 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. " IV. ATTACHMENTS A. Applicant's Request Town of Vail 2/7/2012 Page 4 2 -6- 15 0 ) TOWN OF VAIL ` TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 11, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 5, Block 7, Vail Village First Filing /126 Forest Road in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail Wilderness Townhouses Unit 3/2700 Larkspur Court No. 3, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Steve and Mary Read, represented by Mauriello Planning Group Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicants, Steve and Mary Read, are proposing to exchange a deed restriction from an existing employee housing unit located at 126 Forest Road in exchange for the placement of an employee housing deed restriction on another dwelling unit located at 2700 Larkspur Court No. 3. The applicant's request (Attachment A) has been attached for review. For exchange purposes this request has been bundled with three other requests, the Cohn's, Merten's and Bailey's. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and This proposed EHU is located 2700 Larkspur Court No. 3, which is located in Intermountain and has good proximity to all of the services in West Vail, Town of Vail Town of Vail 2/7/2012 2 -6 -16 bus stops and to the commercial job core. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12 -23 -3 of this title; and The proposed EHU is a three - bedroom, two - bathroom unit in 1,832 square feet. This is in excess of the three - bedroom minimum unit size of 1,225 square feet. Therefore, Staff believes this proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and There is no homeowners' association fees associated with this unit. It is part of a triplex that has a single owner. Therefore, Staff believes the proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and There is no homeowners' association fees associated with this unit. It is part of a triplex that has a single owner. Therefore, Staff believes the proposed EHU conforms to this criterion. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed EHU is located near the services of West Vail and has proximity to public transportation. Therefore, the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed EHU is currently an employee occupied unit. The exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Town of Vail 2/7/2012 Page 2 2 -6- 17 Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations, and is therefore consistent with this criterion. IHN00 T�d�] - h I iMAZT711 -11X0 The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 5, Block 7, Vail Village First Filing 1126 Forest Road, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Vail Wilderness Townhouses Unit 312700 Larkspur Court No. 3, pursuant to Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto." Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: 'Based upon the review of the criteria outlined in Section 11 of the January 11, 2012, staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12 -1 -2, Vail Town Code, and the employee housing regulations of Section 12 -13 -1, Vail Town Code; and, 4. The application promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in Town of Vail 2/7/2012 Page 3 2 -6- 18 a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS A. Applicant's Request Town of Vail 2/7/2012 Page 4 2 -6- 19 u January 17, 2012 Mauriello Planning Group Vail Local Housing Authority c/o Nina Timm Housing Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Bundled Exchange Proposal Dear Housing Authority Members: appreciate the opportunity to meet with you on January 24, 2012 to obtain your final recommendation on the proposed exchanges for four properties in Vail. I think we all recognize that that the concept of "bundling" or packaging requests together as a single transaction was not discussed or even thought about during the process of amending the Employee Housing Exchange Program that occurred last year. I think the concept of bundling is a solution developed by the market place to effectively implement the spirit and intent of the program, which is to "provide occupied livable, affordable employee housing units within the town of Vail." When this program was being amended last year, the general understanding of what existed as eligible restricted units within the Town was in the 500 to 800 sq. ft. range. The doubling or even tripling of square footage for units in this range is fairly manageable as most of the Town supply of dwelling units is in the 900 to 1,800 sq. ft. range. I am not sure anyone really anticipated units requiring 2,600 sq. ft. or in the case of the Town's Library unit, over 5,000 sq. ft. The goal of the amended program is to see generally larger, more livable units (thus the increase ratio on sq. ft.) and we believe the bundling of units does exactly that. In the case of the bundle we are proposing the Town gets more square footage than the program requires, obtains the the same number of total units, and overall provides larger, three and four bedroom units, capable of housing families in Vail. On January 17, the Town Council reviewed the staff recommendation for an exchange of a Town owned unit located in the Library. Based on the requirements of the exchange program, the exchange unit is required to be over 5,000 sq. ft. Because there is not a reasonable supply of product within the Town of units over 2,000 sq. ft., the Town Council preliminarily approved restricting multiple smaller units to satisfy the requirement in a "bundle" with a total sq. ft. in excess of the square footage required. 2/7/2012 2 -6 -20 We believe this direction indicates that the Town Council is willing to operate in a reasonable fashion and is willing to consider some of the unintended circumstances of the program. Additionally, this action clearly sets a reasonable precedent. We don't believe that by packaging our four requests together that we are doing anything negative or controversial. The Town is realizing four well located and sized dwelling units that will be occupied by local workers and residents at a total square footage that is in excess of the program requirements (6,532 sq. ft. required /6,622 sq. ft. provided). We believe that this proposal is a reasonable application of the rules and does not carry forward any future credit or involve any mitigation banking. We hope that the Authority will agree and recommend this bundled exchange request to the Town Council even though it might be a slightly different approach than was discussed when the program was going through the original process. Sincerely, Dominic Mauriello, AICP Principal 2 2/7/2012 2 -6 -21 a u Mauriello Planning Group December 28, 2011 Nina Timm Housing Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81620 RE: Employee Housing Exchange Program Summary Dear Nina: Mauriello Planning Group is working with the following owners who are participating in the Employee Housing Exchange Program. The table below indicate their location, GRFA of the EHU, and the total GRFA required for the exchange: Owner Address EHU Deed Total GRFA of EHU 4 Beds/ 3 Baths 1,832 Restriction Required for Exchange Cohn 1460 Buffehr Creek Road /Crossview at Vail 433 866 Read 126 Forest Road /Lot 5, Block 7, Vail Village 490 1,470 TOTAL First Filing Mertens 5114 Grouse Lane /Lot 6, Block 1, Gore 1,302 2,604 Creek Subdivision Bailey 1420 Morain Drive /Lot 10, Dauphinais- 796 1,592 Mosely Sub F1 TOTAL 6,532 The owners have been coordinating with Peter Knobel and will be using the following units to be deed restricted by him to fulfill the total EHU requirements for the above - listed units: EHU Address Unit Type EHU Sq. Ft. 2700 Larkspur Court #1 4 Beds/ 3 Baths 1,832 2510 Kinnickinick L -3 3 Beds / 2.5 Baths 1,628 2700 Larkspur Court #3 4 Beds / 3 Baths 1,832 2111 N. Frontage A -24 3 Beds / 2 Baths 1,330 TOTAL 6,622 2/7/2012 2.6.22 Should you have any questions, please do not hesitate to contact me at 970.376.3318. Thank you for your time and consideration on this matter. Sincerely, Dominic Mauriello, AICP Principal 2/7/2012 2 -6 -23 a u Mauriello Planning Group December 28, 2011 Nina Timm Housing Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81620 RE: Employee Housing Exchange Program Summary Dear Nina: Mauriello Planning Group is working with the following owners who are participating in the Employee Housing Exchange Program. The table below indicate their location, GRFA of the EHU, and the total GRFA required for the exchange: Owner Address EHU Deed Total GRFA of EHU 4 Beds/ 3 Baths 1,832 Restriction Required for Exchange Cohn 1460 Buffehr Creek Road /Crossview at Vail 433 866 Read 126 Forest Road /Lot 5, Block 7, Vail Village 490 1,470 TOTAL First Filing Mertens 5114 Grouse Lane /Lot 6, Block 1, Gore 1,302 2,604 Creek Subdivision Bailey 1420 Morain Drive /Lot 10, Dauphinais- 796 1,592 Mosely Sub F1 TOTAL 6,532 The owners have been coordinating with Peter Knobel and will be using the following units to be deed restricted by him to fulfill the total EHU requirements for the above - listed units: EHU Address Unit Type EHU Sq. Ft. 2700 Larkspur Court #1 4 Beds/ 3 Baths 1,832 2510 Kinnickinick L -3 3 Beds / 2.5 Baths 1,628 2700 Larkspur Court #3 4 Beds / 3 Baths 1,832 2111 N. Frontage A -24 3 Beds / 2 Baths 1,330 TOTAL 6,622 2/7/2012 2 -6 -24 Should you have any questions, please do not hesitate to contact me at 970.376.3318. Thank you for your time and consideration on this matter. Sincerely, Dominic Mauriello, AICP Principal 2/7/2012 2 -6 -25 Lorelei Donaldson From: Mertens family <mmertens @comcast.net> Sent: Tuesday, January 31, 2012 10:02 PM To: Council Dist List Subject Employee Exchange Program Dear Town Council: We are writing to express our support for the employee exchange program and to encourage you to approve our proposed exchange that is included in a package with three other exchanges. When the Town modified the program last year to make participation a little more flexible we were very excited and we began working on a proposal with Dominic Mauriello and the Housing Department at the Town. The Town staff, namely Nina Timm, has been very helpful and supportive. We believe the packaging of these exchanges into one single transaction avoids the concerns expressed last year over the warehousing or banking of square footage. As a single transaction, no tracking or additional burden is placed on the Town staff. We encourage you to approve our exchange along with the others that have been packaged together and allow us to use our home for our evolving and growing family. Thank you for your consideration of our request. Sincerely, Jill and Dave Mertens 5114 Grouse Lane Lorelei Donaldson From: Steven Read < sread@readinvestments.com > Sent: Tuesday, February 07, 2012 1:03 PM To: Council Dist List Subject: EHU Exchange Program Dear Town Council, Thank you for your consideration of our application for your EHU Exchange Program. We have been visitors to Vail for thirty years, and homeowners for twelve. We have been very active in your community. I have been on the Steadman Philippon Institute Board for 15 years, and I currently chair our building committee to build our new clinic and institute building adjacent to your offices. Mary and I have also been long time supporters and contributors to the Vail Valley Foundation. I have been very impressed working with your community development staff. Last year you made changes to the employee housing exchange program and the changes you made were again creative and forward thinking. The changes appropriately balanced the desire of the Town and the community to have larger, more livable employee units and while at the same time recognizing the changing needs and desires of homeowners. Thank you for your favorable consideration of a consolidated approach with three other property owners. Once again, thank you for your efforts to enhance an already outstanding community and town. Regards, Steven Read K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Proclamation No. 2, Series of 2012; "One Book, One Valley" PRESENTER(S): Lori Barnes /Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve Proclamation No. 2, Series of 2012 BACKGROUND: A Valley -wide reading program initiative called One Book, One Valley; sponsored andsupported by the Towns of Vail, Avon, Minturn and Eagle, will encourage literacy and the shared enjoyment of reading throughout Eagle County. ATTACHMENTS: Proclamation No. 2, 2012 - One Book One Valley 2i7/2012 TOWN OF VAIL Proclamation No. 2, Series of 2012 A Valley -wide reading program initiative called One Book, One Valley; sponsored and supported by the Towns of Vail, Avon, Minturn and Eagle, will encourage literacy and the shared enjoyment of reading throughout Eagle County. WHEREAS, One Book, One Valley programs have united and uplifted hundreds of cities and principalities throughout the United States of America; and, WHEREAS, the novel Doc by Mary Doria Russell is a riveting tale of historical fiction that tells of the unlikely friendship of Doc Holliday and Wyatt Earp that begins before the infamous gunfight at the O.K. Corral links their names forever in American frontier mythology; and WHEREAS, this reading program will feature book talks & discussions throughout the Eagle Valley, film showings and a special evening of historical presentations about Doc's era; and WHEREAS, the Town of Vail Public Library in collaboration with the Eagle Valley Library District, Colorado Mountain College and The Bookworm of Edwards have resolved to bring this valley -wide reading project to the citizens of Eagle County; and NOW, Therefore Be It Resolved, this 7th day of February, 2012, the Vail Town Council proclaims and hereby promotes the One Book, One Valley initiative and the reading of this excellent book to all Eagle County Residents. Andrew P. Daly, Mayor Attest: Lorelei Donaldson, Town Clerk K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Town Manager Report: Update on Vail Transporation Center; Shuttle /Taxi /Limousine Services PRESENTER(S): Stan Zemler 2i7/2012 ufto, 42t 6 - - 72� - xi - 16 • 4th d. n.1 �- �� • Vail Town Council - Feb 7",2012 (J Table of Contents 1. Chief of Police Ethics Statement - see published standard for Chief of Police 'simo"Unk must also act ethically." 2. Police Officer Ethics Statement - see published standard for Police Officers a. "safeguard lives and property" and "I will never .. personal feelings .. friendships to influence decisions." 3. Chief of Police in DENIAL of problem - "those in attendance were a little unclear as to your requests" - see Chief of Police email - clearly he did not review minutes or video. 4. Chief of Police Refusal to Work on issues - see email responses to detail list of current issues. 5. Chief of Police Ethics Violation - In order to deny me prosecution of stolen monies and damaged property he placed the Community at risk and atJJWd the "BRIDGE STREET BANDIT " - Eric Calahan to continue his reign of thefts for almost a year. 6. Chief of Police Ethics Violation - "Don't threaten me with the Town Council.." - see email 7. Chief of Police Ethics Violation - Friend's bogus name on LIMO sign - see pictures, emails, PUC company filing "Shawn Darling dba Mountain Limousine" and webpage "Mountain Limousine" and request to VOID $150.00 bill. 8. Chief of Police Ethics Violation - Lie about can't install 2 nd STOP SIGN - see pictures and email a. First he says the Staff says it is unsafe to install a 2 nd STOP SIGN, then a 2 nd sign appears! 9. Chief of Police Ethics Violation - Violating Handicap rights and access - see warning ticket, email response and TAXI & LIMOUSINE REGULATIONS Document. a. TAXI & LIMOUSINE REGULATIONS clearly states "unless a special circumstance exists such as assisting an injured or handicapped passenger." The Vail Police Officer even after confirmation of Handicap Passenger REFUSED to Walk away or apologize for the situation - very very poor customer service and respect! 10. Chief of Police Ethics Violation - Failure to display signs for proper Trial period - see email and How can we expect people to know where to go if we DO NOT have SIGNS to show them and other limo company's where to load /unload and find Phone Numbers while waiting for TAXIS THAT ARE NOT AVAILABLE and limos are hidden in the far corner - Seed to install phone numbers on Taxi Poles! 11.n - e tom -up on safety is ' nt on Vail Transportation Center r&es���ures of people waiting at VTC at tam 12. Proposed New Limo and Taxi signs - see professionally created replacement signs 13. Proposed New Limo and Taxi signs proper locations - see pictures of current sign locations 14. FINAL EMAIL to Chief of Police Dwight Henninger offering my expertise and assistance to resolve these SAFETY and CUSTOMER SERVICE ISSUES! Is it too much to ask the Chief of Police to PERSONALLY see what is happening at tam ?? • Police Chief Magazine - View Article Current Issue Archives Past Issues Web -Only Articles About Police Chief Advertising Editorial Subscribe! Renew I Update Law Enforcement Jobs Buyers' Guide .aWOMON — Back to Archives I Back to November send fo a friend r'�71 2006 Contents printer-friendly .� Ethics Training for Police By Tag Gleason, Captain, Seattle Police Department, Seattle, Washington The IACP Lauuotian and Training Committee, IACP Poly;,; inwytt ano Ethics Committee, and the IACPTraining Unit have recommended th.. ethics and integrity training be integrated into every training module. Although it is important for officers to attend specific courses on ethics and integrity, it is equally vital that consideration of relevant ethical is- sues be incorporated into each training program. E Every day, police professionals decide and act while balancing competing and conflicting values and interests, frequently with incomplete or inaccurate information, often in highly emotional and dynamic circumstances, and typically under pressure. Police officers are held to a higher standard of behavior by society, because they are stewards of the public trust and are empowered to apply force and remove constitutional privileges when lawfully justified. They take an oath of office, are expected to comply with professional codes of ethics, and are subject to various laws, rules, and regulations. An officer develops his or her moral compass, character, or ethical base, from interacting with other individuals and studying ethics. Ethics training for police professionals helps them do the following: • Readily recognize an ethical problem or dilemma • Identify various options to address the particular issue involved • Make a rational and ethically sound choice of which option to choose • Take prompt action based upon that choice • Accept responsibfity for the outcome Police professionals cannot simply think etl**Hy; they must also act ethically. Ethics training provides tools for addressing ethical problems, but the police professional must have the courage to act. Responding to a particular situation has two components: reaction (emotions and thought) and action. The law typically focuses on the action, that is, so long as the action complies with the law, the reason is generally irrelevant. Page 1 of 4 A Serving those who serve others for more than 40 years. EK1 l )111 it ?: TOTAL R EIAti rearenprlen http : / /www.policechiefmagazine.org /magazine/ index. cfm? fuseaction= display_arch &articl... 1/28/2012 January 2012 NOME SITEAW CoNUCTUS PAOS SUBSCR18E)RENEW11UPOATE IACP Code of Ethics Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality and justice. will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self - restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminal, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement. Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Sunday, January 22, 2012 6:05 AM • To: sales @hummersofvail. corn Subject: Town Council Meetings Jonathan I understand you have been at the last two Town Council meetings to give input during the public comment section. Other then your concern with the new sign with the other taxi /limo company phone number, those in attendance were a little unclear as to your requests. The Council did discuss the taxi /limo rules at the last work session and did not want to make any changes at this time. If you have issues that were not addressed by this response please email them to me. We are currently working on your public records request. Dwight Dwight Henninger Chief of Police Vail, Colorado 970 479 -2218 Sent from my iPad • 1 Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Tuesday, January 24, 2012 7:41 PM To: 'sales @hummersofvai1.com' Subject: RE: Town Council Meetings Jonathan See my reply below in capitals. Dwight Dwight Henninger Chief of Police Vail Police Department 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov (W - - - -- Original Message---- - From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, January 24, 2012 11:26 AM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Town Council Meetings Good morning. Please review the video tapes from the previous two town council meetings if you have any questions. I will be attending the next meeting on Tuesday Jan 31st. The issue here is SAFETY of the GUESTS and CITIZENS of the VAIL COMMUNITY! I would hope that the enclosed Limo -taxi phone number signs would be installed on the poles That designate the TAXI AREA, that the LIMO ARROW and updated LIMO LOADING AREA signs will be installed and that the current LIMO -TAXI sign will be removed (Contains misspelling, bogus limo company name and poor location). THE PHONE NUMBER SIGN HAS BEEN INSTALLED IN THE LOCATION, I TOLD YOU ABOUT IN JULY DURING A PHONE CALL, THAT SITE WAS SELECTED BY THE PUBLIC WORKS STAFF. YOUR COMPLAINT ABOUT HAVING ANOTHER LIMO COMPANY ON THE SIGN OTHER THEN YOUR TWO COMPANIES (HUMMERS OF VAIL AND ECO LIMO) IS WITHOUT FACTS TO PROVE THEY ARE A BOGUS COMPANY. THE SIGNS DIRECTING GUESTS TO THE BUSES AND LIMOS ON THE MUSEUM LEVEL OF THE TRANSPORTATION CENTER IS DOCUMENTED IN AN EMAIL THAT YOU MADE NO COMPLAINTS ABOUT IN JULY. I DO NOT PLAN TO CHANGE THE SIGN THE HAS A DIAGRAM OF THE TOP DECK UNTIL THE END OF THE TRIAL PERIOD FOR THE OVERSIZED VEHICLES, WHICH WILL BE THE END OF THE SKI SEASON. 1 If you have any questions, please call or email. In addition, as requested a summary of outstanding issues: 1. Handicap Access issues A. Strict CLARIFICATION of the handicap access rules on Bridge St. TAXI /LIMOS ARE ALOWED ON BRIDGE STREET WITH HANDICAP RIDERS, BUT U TURNS ON GORE CREEK DRIVE AND DRIVING ON BRIDGE STREET BETWEEN THE COVERED BRIDGE AND GORE CREEK DRIVE ARE NOT PERMIT FOR ANY REASON AS IT IS A VERY UNSAFE ACTIONS WITH NUMEROUS PEDESTRIANS ON THE STREET B. Strict CONSISTENT enforcement of these rules by the Vail Police Department. WE ARE DOING OUR BEST WITH THE LIMITED RESOURCES WE HAVE FOR A LOW PRIORITY TYPE VIOLATION IE PUC CASES. IT IS MY OPINION THAT IT IS THE PUC'S RESPONSIBILITY TO ENFORCE THEIR RULES. C. Strict ENFORCEMENT of Handicap Parking Spots - they ARE NOT TAXI -LIMO Drop- off /Pick -up areas. I DO NOT KNOW WHAT HANDICAPPED SPOTS YOU ARE TALKING ABOUT, THIS IS A NEW ISSUE AND THAT TYPE OF VIOLATION IS NOT A HIGH PRIORITY DURING THE LATE NIGHT HOURS AS THERE ARE PLENTY OF HANDICAPPED PARKING AVAILABLE. D. A formal apology for the Vail Officer misconduct in the previous altercation on Bridge St. I DON'T EXPECT THE OFFICER TO APOLOGIZE TO YOU FOR YOUR POOR DRIVING ACTIONS IN OCTOBER 2011, AS NOTED IN THE RESPONSE TO 1A. ADDITIONALLY YOU RECEIVED A WARNING AT THE TIME, WHY DON'T YOU MOVE ON? 2. Excessive speeding on the Frontage Rd especially between Lionshead and Golden Peak where it is 25mph. THIS IS A NEW ISSUE YOU HAVE NOT BROUGHT UP IN THE PAST, I GUESS IF WE WERE NOT BABY SITTING THE LIMO OPERATORS OR RESPONDING TO NUMEROUS COMPLAINTS FROM YOU WE MIGHT HAVE MORE TIME FOR SPEED ENFORCEMENT. A. Suggest focusing on SHUTTLES, TAXIS, LIMOS and especially ESCALADES with MICHIGAN Plates. WE ARE NOT GOING TO BE USED AS TOOLS TO GET BACK AT YOUR COMPETITORS. 3. Amendment to the LIMO Drop -off rules for the Pepi's Core area THE TOWN COUNCIL AT THEIR DEC 20TH WORK SESSION DECIDED NOT TO CHANGE THE CURRENT RULES. A. Allow 1 -2 minute max staging in -order to open doors and allow proper customer service And /or assistance to visiting guests with completed charter sheet in hand prior to staging. PUC REGULATIONS PROHIBIT STAGING AT ANY TIME WITHIN A 100 FEET OF A HOTEL /MOTEL OR TAXI STAND WITHOUT A CHARTER ORDER. BONIFIED CHARTER ORDERS MUST BE COMPLETED PRIOR TO A PICK UP AND CAN NOT OCCUR AT THE TIME OR PLACE OF A PICK UP. I CAN NOT, NOR CAN THE TOWN COUNCIL CHANGE PUC RULES. OBIVOUSLY DROPPING OFF OR PICKING UP WITH A PREARANGED RIDER IS FINE, JUST NO STAGING. 3. Amendments to Transportation Center Taxi -Limo access rules, especially: z A. Re- locate the Vail Police vehicles under non - emergency situations to the inner lane(Taxi Lane) to prevent congestion /blockage of VTC while loading /unloading passengers, especially at or around 2am. THAT IS OUR POLICY AND I WILL REMIND OFFICERS, BUT DURING EMERGENCIES THEY MAY PARK IN OTHER LOCATIONS. B. Add additional requirement that LIMOS staging in the staging area must be RUNNING, Lights on and Manned at all times (to prevent solicitation) with completed charter sheet In hand as required prior to staging. THIS WOULD BE INCONFLICT WITH OUR TOWN ENVIRONMENTALLY FRIENDLY MISSION. C. Strict ENFORCEMENT of the LIMO STAGGING AREA as stated in the LIMO -TAXI Rules - NO MORE WARNINGS. SEE OTHER RESPONSES 4. Verify all Transportation company's that utilize the VAIL TRANSPORTATION CENTER on a monthly /quarterly basis: this includes LIMOS, TAXIS, HOTEL SHUTTLES and the TURTLE BUS. (This is TOWN PROPERTY and is the TOWN's responsibility, not DOT or STATE POLICE!) A. Verify they have valid PUC stickers B. Verify they not only have insurance cards, but ACTUAL INSURANCE - make the call! B. Verify they not only have DOT reports, but most importantly Child seats, non -bald tires, Working headlights, etc. THIS IS FOR THE SAFETY of the VAIL VALLEY CITIZENS! 4 W I SEE THIS AS THE PUC'S RESPONSIBILITY AND WE HAVE TO HAVE A LEGAL RIGHT TO STOP A VEHICLE FOR AN EQUIPMENT CHECK. WE WOULD HAVE TO ENACT A NEW ORDINANCE TO GIVE US PERMISSION TO DO THESE TYPES OF REGULAR INSPECTIONS, PART OF THAT TYPE OF ORDINANCE WOULD INCLUDE FEES TO PAY FOR THE TIME TO DO INSPECTIONS AND REGULATE A BUSINESS THAT IS CURRENTLY NOT REGULATED IN VAIL. JONATHAN, I SHOULD WARN YOU THAT COUNCIL HAS RECEIVED COMPLAINTS ABOUT YOU FROM OTHER COMPANIES FOR YOUR HARASSING BEHAVIOR AND COMPLAINTS YOU HAVE MADE TO THE POLICE DEPARTMENT, WHICH HAVE RESULTED IN CONTACTS BETWEEN THEM AND OFFICERS. YOU SHOULD BE VERY CAREFUL ON COMPLAINING ABOUT ACTIVITIES THAT YOU AND YOUR EMPLOYEES ALSO DO THAT ARE VIOLATIONS OF STATE LAWS AND RULES. DWIGHT Thank You as always Jonathan L. Levine - - - -- Original Message---- - From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Sunday, January 22, 2012 6:05 AM 3 To: sales @hummersofvail. com Subject: Town Council Meetings Jonathan I understand you have been at the last two Town Council meetings to give input during the public comment section. Other then your concern with the new sign with the other taxi /limo company phone number, those in attendance were a little unclear as to your requests. The Council did discuss the taxi /limo rules at the last work session and did not want to make any changes at this time. If you have issues that were not addressed by this response please email them to me. We are currently working on your public records request. Dwight Dwight Henninger Chief of Police Vail, Colorado 970 479 -2218 Sent from my iPad 4 • f v Eric Callaghan faces up to 66 years in prison for r Callaghan charges e allegedly ebbing ATMs in ` Eric Callaghan has been charged with seven felonies for allegedly robbing 25 Eagle and t counties ATMs in Eagle and Summit counties, and Grand unction 22 more in Grand unction. • Two charges of Class 3 felony theft. = • Two charges of Class 3 felony s By Randy Wyrick criminal mischief. RWYRICK @VAILDAILY.COM • Three charges of Class 4 felony second degree burglary. EAGLE - A man accused of robbing' If convicted on all counts, he faces up ATMs made his first court appearance. to 66 years in prison ; Eric Callaghan faces up to 4 in prison on seven felony I charges. He is accused of breaking into 25 ATMs in gating a burglary in Avon and did an excel - Eagle and Summit coup- lent job;' Daly said. "She checked the down ties and 22 more in Grand stairs and found some physical evidence" Junction. With that physical evidence, police were He's being charged:;in able to track the tool back to Callaghan, connection with 36 sepa- Daly said. rate cases, said Lt: Greg art helped track down Callaghan ERIC 1Daly, with the Avon Police through the store's accounting and securi- CALLAGHAN Department. t surveillance systems, Daly said. Callaghan was arrested Callaghan left Walmart in a taxi, and the after what District Attorney Mark Htixlbert t xnpa ! elped investigators come up said was outstanding police work by offi- with a phoub number. That helped them cers in Avon, Vail and the eagle County pinpoint 6ffaghan, Daly said. Sheriff's Office. "With the help of Vail and the Eagle Coun- ty Sheriff's Office, we were able to conclude HOW he got Ca ught this year- and -a -half investigation," Daly said. Callaghan allegedly used a grinder to gaghan'remains in the Eagle County break into an ATM in Avoii during his last jail bn $100,000 bond. His public defender burglary; Daly said. He alieged�y-coxnm, - said Tuesday that she'll ask for that bond to ted the burglary Nov 19, bel oen -2 : rii. - be ' reduced - when he new appears in court and 6 a.m:_ at 1 p.m. Jan. 10. Callaghan had purchased the tool earlier His 'alleged burglary spree cost more in the day at Walmart, Hurlbert said. He than $100,000 in lost cash and damages, allegedly used it to break into the ATM and Daly said: then threw it into the trash behind the Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Tuesday, December 13, 2011 8:33 PM To: 'sales @hummersofvail.com' Subject: RE: status on limo and Taxi phone number signs Don't threaten me with the Town Council if you want me to continue to assist you. Dwight Henninger Chief of Police Vail Police Department rowN of MVA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninaerO)vailoov.com vailgov.com twitter.com /vailgov From: Sales@Hummersofvail.com fmailto :sales(abhummersofvail.com1 Sent: Tuesday, December 13, 20114:30 PM To: Dwight Henninger Cc: sales@hummersofvail.com Subject: RE: status on limo and Taxi phone number signs Ps. What about the pepi's situation. Please 1 -2min waiting period is very fair and reasonable for all concerned. Also For some reason the Vail officer's think that the TAXI can be there for 5 minutes. Please I do not want to bring video to the next Tuesday council meeting on the 20 To show the justification for the request. Thank You again for your assistance Jonathan L. Levine From: Dwight Henninger jmailto:DHenninger vailgov.com1 Sent: Tuesday, December 13, 20114:20 PM To: 'sales @hummersofvail.com' Subject: RE: status on limo and Taxi phone number signs I am following up with the other limo companies you left some out Dwight Henninger Chief of Police Vail Police Department Sales @Hummersofvail.com From: Sales @Hummersofvail.com Sent: Saturday, January 28, 2012 10:22 AM To: 'Sales @hummersofvail.com' Cc: 'Dwight Henninger' Subject: FW: LL -779 mountain limousine bogus name issue Good morning. 2 nd request. Please remove the TAXI -LIMO sign installed at the Vail Transportation Center immediately. It contains a BOGUS company name and a mis- spelling of "ECOLimoOfVail ". Sincerely Yours Jonathan L. Levine From: Sales@hummersofvail,com [ mailto:sales @hummersofvail.com] Sent: Wednesday, January 25, 2012 9:19 AM To: d henninger @vailgov.com Subject: Fwd: LL -779 mountain limousine bogus name issue Good morning Please see registered name below as provided by the PL?C showing THAT "A MOUNTAIN LIMO" is a bogus name. Please remove post limo -taxi sign immediately. Sincerely yours Jonathan Levine Sent from Jonathan's ipad Begin forwarded message: From: "Poley, Jonell" < Ioncll .Polc% Date: January 25, 2012 8:42:59 AM MST To: " s�ilcs�Thu m ,i nc r�<� fc ail.com < salcs n ?hunirncrsof-, Subject: FW: LL -779 (W 970- 470 -5503 "LUXURY TRANSPORTATION TO ALL COLORADO DESTINATIONS" ❑> Vails Only 14 Passenger Party Limo Bus ❑> Dinner Company Parties Bachelor & Bachelorette Parties C7 12 Years serving the Vail valley" 0 Shop and compare our service and prices! They cant be beat! C?7 Real Estate Tours Golfing Sightseeing D Proms Anniversaries [57 5 million dollar liabilty coverage and spotless safety records! - This Vehicle from Vail /BedverCreek to /from Eagle Airport $199.00 plus gratuity and airport fee one way! Call for special rates! ! l (A cvde# snoavr ,:-- Drorrro , on er ,, _ 4- Licensed , Insured and Registered with the Colorado Public Utilities Commission. Subject to availability and if your plane is late we reserve the right to change vehicles to keep schedules!!! TAXI AND LIMO NUMBEim C^7 ( AMOUNTAIN LIMOUSINE ECOLrmOFVML ,HIGH MOUN'rAINTA)a HUMMERS OF VAIL VANS TO VAIN VALLEY 970 - 47o 970 - K. 970 - 524_ 970 = 4" 970 -.gM NUMB kxi ANiD Limo Their phone number is: 970- 470 -5503. Jonell Poley Technician IV Public Utilities Commission Transportation & Telecom Section(Custoiuer Care) 1560 Broadway, Suite 250 Denver, CO 80202 P 303.894.2866 1 F 303.894.2071 www.dora.state.co.us Consumer Protection _ From: Poley, Jonell Sent: Wednesday, January 25, 2012 8:40 AM To: sales @hummersofvail. Subject: LL -779 The above permit is in the name of: Shawn Darling dba Mountain Limousine afPO Box 2921 Vail CO 81658. Jonell Poley Technician IV Public Utilities Commission Transportation & Telecom Section(Customer Care) 1560 Broadway, Suite 250 Denver, CO 80202 P 303.894.2866 1 F 303.894.2071 www.dora.state.co.us Consumer Protection • • L L -w Date: Feb 7 2012 From: HummersofVail, Inc. 2121 North Frontage Rod Suite #212 Vail, CO 81657 To: Town Of Vail Attn: Town Manager Attn: Chief of Police, Dwight Henninger Attn: Town Counsel Please find enclosed said bill for production of Limo -Taxi Phone Number Sign. Please reference the enclosed email trail which clearly shows that I authorized a production of a sign containing 4 primary numbers of 4 primary taxi -Limo company's ordered alphabetically by their official company names. Please void this bill immediately. Thank You onathan L. Levine President HummersOfVail, Inc. U IAVV1l=rl �TOWN oFynrL . Town of Vail Accounts Receivable 75 S. Frontage Road Vail, CO 81657 (970) 479 -2342 TO: Hummers of Vail INVOICE NO: 10034 Attn: Jonathan Levine DATE: 12/29/11 2121 North Frontage Road ##212 i VAIL, CO 81657 CUSTOMER NO: 3013/3024 TY MS - Mi sc ell aneous Accounts ------------------------ QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE -------- - - - - -- -------- - - - - -- --------- - - - - -- 1.00 Production of the Limo/ 150.00 Taxi phone number sign for Vail Transporation Center C. M6te `- - 1: 5% Interest charged if not paid 1 - - n --- 3 - 0 days TOTAL DUE: PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 12/29/11 DUE DATE: 1/30/12 CUSTOMER NO: 3013/3024 REMIT AND MAKE CHECK PAYABLE TO: Town of Vail Accounts Receivable 75 S. Frontage Road c r Vail CO 81657 INVOICE NO: 10034 TERMS: NET 30 DAYS 150.00 $150.00 NAME: Hummers of Vail TYPE: MS - Miscellaneous Accounts AMOUNT: $150.00 3. Thank You for the STOP sign but it is not in the correct place — needs to be in the middle of the two lanes with a SHITE LINE on the ground to be legally enforceable and so the TAXIS (who ignore at this time) will yield. OUR TOWN STAFF FEEL THAT IT IS UNSAFE TO PUT A THIRD SIGN ON THE POLE IN THE MIDDLE AS IT MAY NOT BE STRONG ENOUGH TO HOLD IN A BIG WIND SITUATION. PLEASE LET ME KNOW IF THIS CONTINUES TO BE A PROBLEM WITH THE NEW SIGN AND I WILL CONTACT THE TAXI COMPANIES DIRECTLY. Still no LIMO Waiting area sign at the far east end of the VTC. NOT SURE WHAT YOU ARE REQUESTING HERE? Still no LIMO Arrow sign showing people that the LIMO waiting area is at the East End. THE SIGNS SHOULD BE UP BY FRIDAY, THE SIGN STAFF HAD SOMETHING LIKE 50 NEW SIGNS FOR THE NEW BUS ROUTES... 6. Still no sign with authorized company names and phone numbers as discussed at the meeting and in the Limo rules letter. THAT WAS UP TO THE LIMO COMPANIES TO ACCOMPLISH PAYING FOR A SIGN AND GIVING US THE PHONE NUMBERS AND COMPANY NAMES, THE TOWN WILL MAKE AND POST THE SIGN WHEN THE COMPANIES GIVE US THE INFORMATION, IF YOU NEED ME TO GET A COST ESTIMATE I WILL DO SO. I THOUGH THE LIMO COMPANIES AS A GROUP WERE NOT INTERESTED IN THIS OFFER. 7. At our meeting I talked about how Cmd Wrights directive helped all of us see things that we did not expect or anticipate. a. I believe we should allow a max of TWO TAXIS before Midnight and then allow max to fit in a single line b. I believe we should allow a max of TWO LIMOS before Midnight infront of the TAXIS where we waited before since the other areas are very busy during the regular hours and the old limo area is EMPTY! I CAN'T SUPPORT THIS RECOMMENDATION c. I believe after midnight the PEPIS Village area should become a LIMO ONLY AREA — no TAXIS — t prevent trolling! I DON'T THINK I CAN PREVENT THE TAXIS FROM THE AREA, THEY HAVE MORE RIGHT TO BE IN THAT AREA THEN THE LIMOS BY PUC STATUE AS I UNDERSTAND IT. d. I believe after 1:30am the PEPIS Village area should be more flexible (more then 5mins) with charter sheet for scheduled pickups to minimize conflict and constant trolling and also most important wasting the Vail Police's time to enforce. I HAVE NOT HEARD THAT THIS IS A PROBLEM, CAN YOU GIVE ME MORE DETAILS ON SPECIFIC ISSUES. JTHAN SORRY THIS TOOK SO LONG TO FORMULATE A RESPONSE. PLEASE LET ME KNOW IF YOU HAVE ADDITIONAL IONS. SORRY I LOST THE DOCUMENT YOU GAVE MEAT OUR MEETING. IF YOU FIND IT PLEASE RESEND ITTO ME. DWIGHT From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Monday, June 06, 2011 1:38 PM To: 'sales @hummersofvail.com' Subject: Taxi & Limousine Regulations Jonathan I got your voice mail and I am sorry to not have gotten back to you sooner. I seem to have misplaced the document you gave me at the meeting, you're your recommendations, would you please resend it to me. Additionally, it would be helpful to me, if you identified the top priorities to rectify before July 4th Thanks Dwight Dwight Henninger Chief of Police Vail Police Department E 0 TOWN OF VAII' Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Wednesday, June 29, 2011 3:45 PM To: 'sales @hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Jonathan See my comments below (IN CAPITALS) on each of your items, I am sorry that I have been so busy and not able to respond to you as quickly as I would have liked to. Dwight Dwight Henninger Chief of Police Vail Police Department rowN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Monday, June 06, 2011 1:51 PM To: Dwight Henninger Cc: 'Sales @Hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Thank You for getting back to me. I am not sure with that summary is either. Things have changed again as always. Summary of current situation which I also believe is very very similar to what we discussed. If you would like I can return to the town counsel and suggest this if it would help. As always we at HUmmersofvail, Inc. want to work with not against the Vail Police Department. 0 During last weekend of season, black diamond made it very clear ( I have video) that if the police are busy they will do what ever they want! It was very very difficult not to do the same thing!! But we did resist. According to the Legal community, without signs the enforcement is very questionable. I WILL ASK THE OFFICERS TO DO A BETTER JOB OF ENFORCING THE REGULATIONS AT THE START OF THE SEASON, YOU CAN CALL US OR LET ME KNOW AT THE TIME WHEN THERE IS A PROBLEM STARTING UP. As of the Ski Season closing, the two problem limo companies seemed to have disappeared as expected. a. MadMarx — think he is gone? — I know that the police are looking for the owner Mark? b. Black Diamond — lost his house to bank and his 3 vehicles have been parked in EagleVail since April 21" SAME ANSWER AS NUMBER #1 Yid . i • � � ... „ s,. P C ~m �r ppp- sIOW , 1' ..s i C 1 � Rne Amounts of luggage or personal items do not comprise a special circumstance." The client was very disturbed. Furthermore, even when the officer was able to confirm that The client was handicapped. He refused to leave, but insisted that he had to delay us and write A warning since he put his lights on. Plee help. THIS CAN NOT HAPPEN AGAIN. CUSTOMER SERVICE!!!! Please help Thank You again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 29, 20113:50 PM To: 'sales @hummersofvail.com' Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Your welcome, I think the cards should be the same as the signs draft you sent me with the phone numbers you listed. Dwight Henninger Chief of Police Vail Police Department c 0 row,u of vain 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(5vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 2011 12:17 PM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Thank You I would like to have the phone number cards printed. Ca ou forward me an update to your research. Thank You again for your assistance and modifications to the above rules. Sincerely Yours Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Wednesday, November 30, 2011 11:22 AM To: 'sales @hummersofvail.com' Subject: RE: sorry forgot to attach the ticket This happened in October.... Dwight Henninger Chief of Police Vail Police Department TOWN of va�ii"� 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:12 PM To: Dwight Henninger Subject: sorry forgot to attach the ticket From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:08 PM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Good morning. I am sorry but the print quality is still poor. Can you please forward the original document in word like last time. Thank You again Please also examine the enclosed warning ticket that I received from one of your officers When I was dropping off a wedding party (in the wedding gown) with her relative that was disabled With a handicapped card on her possession. I have read the new rules and they still state the exact same rules as before: "2 — Taxis /limos may not drive on Bridge Street to pick up or drop passengers unless a special Circumstance exists such as assisting an injured or handicapped passenger. Clients with large � TOWN OF I VAIL ` y POj" 9RTI�� 75 South Frontage Road West Police Department Vail, Colorado 81657 970.479.2210 vailgov.com /police 970.479.2216 fax TAXI & LIMOUSINE REGULATIONS EFFECTIVE DATE: December 21, 2010, updated November 23, 2011 1- Taxis /limos may not pick up /drop off clients beyond Checkpoint Charlie prior to 5 pm unless clients are residing in hotels /condos in the Village core area. 2- Taxis /limos may not drive on Bridge Street to pick up or drop off passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. Clients with large amounts of luggage or personal items do not comprise a special circumstance. 3- Taxis /limos may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers who have called to arrange a pick up and are waiting at the intersection, limos must have a completed charter order. 4- Taxis may not stage in the Village core area prior to 10 pm. Limos are not authorized to stage in the Village core area. 5- After 10 pm, taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. 6- After 10 pm, each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #5 as space becomes available. 7- When citizens request police officers summon a taxi for them, officers /dispatchers will make an effort to equally distribute these requests among the taxi companies. 8- Taxis /limos are not authorized to enter the Lionshead Mall area, or the bus lane and delivery zone on East Lionshead Circle. Taxis /limos should use the shuttle area on the north side of East Lionshead Circle for pick -up and drop -off or the skier drop off area inside the Lionshead parking structure (Northwest corner). The mall area is a designated fire lane. 9- Taxis /limos must adhere to skier drop -off signage instructions. 10- Taxis may use the north designated lane (west end) at the Village Transportation Center to wait for passengers and must adhere to posted signs. This is a recognized taxicab stand. 11- Town of Vail vehicles will endeavor to park at the east end of the taxi lane. If you should have any questions regarding these regulations, please contact Vail Police the on- duty patrol supervisor at 479 -2201. 0 rowN of vain C 9RTO 75 South Frontage Road West Police Department Vail, Colorado 81657 970.479.2210 vailgov.com /police 970.479.2216 fax ADDITIONAL LIMOUSINE SERVICES RULES Effective February 18, 2011, limousines will no longer be allowed to loiter for extended periods at the Vail Transportation Center (TRC). A staging area has been approved for the area east of the Village Information Center to pick up or drop off clients from 8 PM to 4 AM daily. This area is the eight parking spaces marked for 15 minute skier drop off east of the building and near the east end stairs from the Colorado Ski Museum. Limos without clients should use the east entrance /exit driveway nearest these parking spaces to access the area. An area on the south through lane on the east side of the Village Information Center, currently marked for Authorized Vehicles (more then 100 feet from the taxicab stand) has been temporarily authorized for drop off of clients 24 hours a day, as test if it can be used responsibly. This is also an approved staging area for very large (oversized) limousines, one per company from 8 PM to 4 AM daily. In all cases, though, limousine carriers must be able to present a completed charter order or manifest upon request whether dropping clients, or when about to provide service to a newly pre- arranged party or clientele. Any limo stopped east of this location without a valid charter order is subject to a class 2 misdemeanor, or PUC fines. Additionally, limousines using this space must have proper PUC and Colorado registration documentation. The Colorado Public Utilities Commission (the regulating authority for limousines) regulations state: "No person shall provide luxury limousine service except on a prearranged basis. For purposes of this rule, prearranged basis' means that the luxury limousine service has been arranged or reserved before the luxury limousine service... is provided. No person shall provide luxury limousine service... if that person arranges provision of the service with the chartering party at or near the point of departure." The PUC has said that arranging any limo service at the TRC would be a violation of this rule. Further: Commission rules expressly prohibit the stationing of luxury limousine vehicles in front of or across the street from a hotel or motel, or within 100 feet of a recognized taxicab stand at any time without a completed charter order in the vehicle. A charter order must consist of the name, telephone number, pickup time, and pickup address of the chartering party who has arranged for the service. A luxury limousine carrier shall provide the charter order immediately upon request by any enforcement official or airport authority. Continued conflicts between limousine companies, while utilizing this TRC area, may necessitate additional restrictions or enforcement actions. If the limousine companies can agree on a cost share plan, the police department would be willing to distribute business cards with all limousine contact numbers, at the expense of the limousine companies. Updated November 23, 2011 • Vail Police Department 75 So. Frontage Rd. W. Vail, Colorado 81657 970 - 479 -2200 v I A Call # Last Name: First Name: Address: Cfty, State, Zip: } Driver's License: State: { ,J Date of Birth: Race: Sex: Height: Weight: Hair: Eyes: i Vehicle License No.: State: Make(Year: Date and Time of Violation: Location. Street and City: WARNING FOR: • Speeding; 4 -1; MPH in a MPH zone • Stop Sign Violation; 2 -2(A) ❑ Failed to Obey Yield Sign; 2 -2(B) 7 Other: Statute /Description: ❑ EQUIPMENT REPAIR ORDER Defect: You are required to correct - IMMEDIATELY - the faulty or illegal equipment indicated. If equipment is not repaired, the vehicle will not be operated. Driver's Signature: Officer's Signature: THIS WARNING IS ISSUED TO YOU AS A COURTESY AND TO REMIND YOU TO DO YOUR PART IN PROMOTING SAFETY ON 4 W OUR HIGHWAYS AND STREETS BY CLOSELY FOLLOWING OUR TRAFFIC LAWS. VAIL, COLORADO POLICE DEPARTMENT The Town of Vail Vision is to be the Premier Mountain Resort Community! The Mission of the Vail Police Department is to provide a sense of safety and security through high quality police service. Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Tuesday, January 24, 2012 7:41 PM To: 'sales @hummersofvail.com' Subject: RE: Town Council Meetings Jonathan See my reply below in capitals. Dwight Dwight Henninger Chief of Police Vail Police Department 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov - - - -- Original Message---- - From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, January 24, 2012 11:26 AM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Town Council Meetings Good morning. Please review the video tapes from the previous two town council meetings if you have any questions. I will be attending the next meeting on Tuesday Jan 31st. The issue here is SAFETY of the GUESTS and CITIZENS of the VAIL COMMUNITY! I would hope that the enclosed Limo -taxi phone number signs would be installed on the poles That designate the TAXI AREA, that the LIMO ARROW and updated LIMO LOADING AREA signs will be installed and that the current LIMO -TAXI sign will be removed (Contains misspelling, bogus limo company name and poor location). THE PHONE NUMBER SIGN HAS BEEN INSTALLED IN THE LOCATION, I TOLD YOU ABOUT IN JULY DURING A PHONE CALL, THAT SITE WAS SELECTED BY THE PUBLIC WORKS STAFF. YOUR COMPLAINT ABOUT HAVING ANOTHER LIMO COMPANY ON THE SIGN OTHER THEN YOUR TWO COMPANIES (HUMMERS OF VAIL AND ECO LIMO) IS WITHOUT FACTS TO PROVE THEY ARE A BOGUS COMPANY. THE SIGNS DIRECTING GUESTS TO THE BUSES AND LIMOS ON THE MUSEUM LEVEL OF THE TRANSPORTATION CENTER IS DOCUMENTED IN AN EMAIL THAT YOU MADE NO COMPLAINTS ABOUT IN JULY. I DO NOT PLAN TO CHANGE THE SIGN THE HAS A DIAGRAM OF THE TOP DECK UNTIL THE END OF THE TRIAL PERIOD FOR THE OVERSIZED VEHICLES, WHICH WILL BE THE END OF THE SKI SEASON. 1 r L� of# Mj law- )L 11 aw Yd: . . . . . . . . . . . dp x qy , ! � tom►' ,� �k uy ` f b i 1 _ Ilk 0 0 r � 71 .: •+ 4 �•i I r SO r 7 :{ . - %> y '!'. : ♦ a : f ps +' f �r� l f .* r .. 4 . ti ' t ° r 4 .,•...+ .,f.;. 5..,.Y .:1. a `yam .•� y. . ',fi _.+L. �;. � .1 y.: ,a �'N', ii". µ if/. „f �� .+c. r -� t }. '•r +. �+., ,k;;.� .v 'f '�q, :.: 1.. '•P,n,. l: "'�...�. r� v ...,,.. ,. d - . ��,•'!.� r a ft+� Fd• .• ..�- _ti )" ,.1. t. ddyy,; ... ;SF �•�`r.' ',a ..1,. �, f.. .1 , r v�. ,�.. !� '�'� 'kv �'.. +,. x�v,.. a¢• 4 . t�v .i�w: Yt y." -+'f ..1 '. � ° y �.., 7."L _ s.:y� ,. >,. }: ;q •;� �7%'��� C - 1C- r.ifca r.y „i ..a.� .+,�.. w ' n ' �,,s• : ^ f M "'. i$' .4� ' - 'a. Y, a � 7.� - . ,� Y�,a�< . 'W.+ : '�M�". .+1.,. �1 ����1� � t �-• f 0 ';1r.. i•a :f F •in ,R � . } '11��r. 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'�, ,... �. , *;- ,.., - .....:` ,. ., ' '.:f: - • : h. a��k` bad; d xS• c.c ^�'•�' 1. :i+> - +! rh `� _ �, .. ,. _ - '.✓ • � .... ,.. . f _ ;n.. , .:. .; '. ; � k ^Y :" s a � . ? ' - - � ...-.. v.� E:•� X.•"`•'�, t - a }e` >..f^'� ap Y - .` , r}'.. S.:e. ...,•1.'R .,:. .. _rrt..., >•.�.. '... -__.., . ,. � .._ .�, .. ,,....::.: 1 ,,.. �,. .� ...wKL -a.:,. . R. w,.. a>� -�+ r� .:732.. 5 ^..'wd•4�i. .. _ a.... rt ...�... -.a.. .. .,, 4�i. �.' '.L......:ti'��•e ..w„ «�..'� �� ... i:l . a.., is�[ r.�i£�a;sL.a.'s..A4-�.'F'Y.Y',2 a.:.a... �x =w'r2 TAXI AND LIMO NUMBERS ECOLimoOFVAIL HIGH MOUNTAIN TAXI HUMMERSOFVAIL VANsToVAILVALLEY 970.331.3135 970.524.5555 I I 1 11 1 970.401.0825 HOTEL SHUTTLES BUSES 9 ,.., Limos TRANSPORTATION Taxi CME i SHUTTLE j WIPM AUTHORIZED VEHICLES AUTHORIZED VEHICLES rAXIS • J I f 1 �� Imos KI N. 7 i m 524-5555 HIG8 MaoU,\r IX TAX! 1 a ,, \., , ` F a IF. � ,, Ifi'i1,F1 • ' * ,l# . t ',�'' t.14 k "'1�. I '�• rj� ;ts� �, a r r . t 1 y! F Al 4 r N 11 a ixi 77 s— ` - - - IL 0 / , 9 a 1, 5 I Sales(&Hummersofvail.com From: Sales @hummersofvail.com Sent: Tuesday, January 24, 2012 7:57 PM To: Dwight Henninger Subject: Re: Town Council Meetings Unfortunately it is clear that you Really do not understand these issues. Please talk to your officers and come out at tam and witness for yourself Or is that too much to ask from the chief of police? I again offer my time and expertise to help you see these safety issues. Please call for clarification Or I will attend every town council And address each one of these items in great detail with pictures and any other Evidence necessary to show the TRUTH! I have never had anything to hide and still have nothing to hide. "A mountain limousine" is not registered with the PUC AND THE NUMBER LISTED DOES NOT ANSWER AT 2 -3am for the past 3 days and counting. The sign must be moved PERIOD? Hummersofvail follows these rules Too the letter, and if you posted proper Signage and enforced the violations we would not be where we are. I will be waiting for your call. Sent from my iPhone On Jan 24, 2012, at 7:40 PM, Dwight Henninger <DHenninger @vailgov.com> wrote: > Jonathan > See my reply below in capitals. > Dwight > Dwight Henninger > Chief of Police > Vail Police Department > 970.479.2218 direct > 970.479.2210 main > 970.479.2216 fax > dhenninger @vailgov.com > vailgov.com > twitter.com /vailgov > - - - -- Original Message - - - -- 1 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Vail Local Licensing Authority vacancy appointment. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint one member to the VLLA at the evening meeting to complete the term of a vacancy left by a board member who moved out of town. The applicant was interviewed at the work session on February 7, 2012. STAFF RECOMMENDATION: Appoint one person the the VLLA board which term ends May 31, 2012. 2i7/2012 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Town Council update and request for comments on revised Ford Park Illustrative Plan in preperation for submittal to PEC. PRESENTER(S): Todd Oppenheimer, Jana McKenzie, Jack Zehren, Tom Braun ACTION REQUESTED OF COUNCIL: Please see attached memorandum. BACKGROUND: Please see attached memorandum. STAFF RECOMMENDATION: Please see attached memorandum ATTACHMENTS: Ford Park update memo Ford Park Presentation 020712 2/7/2012 ININ V K ) AIL " To: Vail Town Council From: Public Works Department Date: February 7, 2012 Subject: Ford Park Planning Process SUMMARY Memorandum The Town Council is requested to provide staff with their comments relative to the updated Ford Park Illustrative Plan document in preparation for submittal to the PEC and DRB for review and approval. II. BACKGROUND On January 9 and 10, 2012, a design workshop for Ford Park was attended by members of the various Ford Park Stakeholders, Town Council member and VRD and VVF board of director members, staff and design consultants. The Council was provided with a list of 23 design directives as an outcome of the 2 -day workshop in a memorandum dated January 17, 2012. A full summary of the attendance, presentations and outcomes of the 2 -day workshop will be posted on the www.vailgov.com website for your review. Staff and design consultants have utilized the design directives to update and enhance the Ford Park Illustrative Plan, dated June 7, 2011. It was the Illustrative Plan that was presented to the Council and the Vail voters prior to the approval of the ballot question regarding the Conference Center Fund dollars. Once the updated Illustrative Plan is submitted to the PEC it will be referred to as the Ford Park Management Plan Update document. At this point we are discussing design concepts generated during the 2 -day workshop. The concepts include elements that are part of the Conference Center Fund ballot question and additional ideas derived from a comprehensive look at Ford Park and from Stakeholders identifying their long -term needs and desires for the facilities they operate within the park. Comprehensive cost estimates have not been completed but the scope of those elements included in the Conference Center Fund discussion and subsequent budgets have remained consistent. III. FORD PARK ILLUSTRATIVE PLAN MAKE -UP The various elements of the Ford Park Illustrative Plan include those items which are being funded by a combination of Conference Center Fund, RETT funds, and 2/7/2012 6 -1 -i Stakeholder contributions. These are referred to as the Phase 1 elements and include the following items: 1. Realignment of the athletic fields to allow increased flexibility and enhanced attractiveness to athletic event promoters. 2. Replacement of the athletic field restroom and concessions building. 3. Construction of a new maintenance /storage building with additional restrooms to replace displaced storage areas and improved park aesthetics. 4. Improvements to the north (upper bench) entry to the Betty Ford Alpine Gardens. 5. Improvements to the internal circulation pathways to enhance accessibility and way finding for park users. 6. Modifications and improvements to the bus drop off, passenger vehicle drop off and west parking lot to enhance the arrival sequence to Ford Park. 7. Construction of a new social courtyard at the main entrance to the Gerald R. Ford Amphitheater. 8. Enhancements to the existing restrooms and construction of new restrooms at the east entry to the Gerald R. Ford Amphitheater. 9. Improvements to the lawn seating area within the Gerald R. Ford Amphitheater. The Ford Park Illustrative Plan document also includes several elements that are identified in the outcome of the 2 -day workshop that are not currently funded but may become funded by various means at a later date. These are referred to as Phase 2 elements and include the following items: 1. A covered, outdoor terrace area for existing programs and events that occur in Ford Park. 2. A Welcome Center for the Betty Ford Alpine Gardens to include offices and space for educational programs. 3. Streetscape enhancements to Betty Ford Way between the Manor Vail Bridge and the entrance to the Gerald R. Ford Amphitheater. 4. A tribute to the Ford Family as an iconic entry feature to the park at the Manor Vail Bridge. 5. Improvements to the eastern portion of Betty Ford Way between the Amphitheater loading dock and east parking lot to allow semi trucks and trailers to access the loading dock without conflicting with or crossing the public park space. 6. Improvements to the existing Streamwalk to enhance usability, safety and comfort of users and additional pedestrian pathway options to access the park. 7. Expansion of the Art in Public Places temporary summer art program into additional areas of the park including the Alpine Gardens and Amphitheater. Town of Vail Page 2 2i7i2oi2 6 -1 -2 8. Landscape enhancements throughout Ford Park to extend the character and quality of the Alpine Gardens to the entire park area. 9. Upgrade the Lower Bench Restrooms near the playground. 10. Expand the existing restroom /concession building at the Soccer Field on Vail Valley Drive to accommodate the majority of the maintenance equipment and supplies for Ford Park. The outcome of the 2 -day Ford Park workshop includes Design Directions that are more programmatic and operational in nature than relative to physical modifications to the park. Some of these elements involve increased operational costs and require further study and discussions. These items will be addressed through continued dialogue and coordination amongst the Ford Park Stakeholder Groups and include the following: 1. Continued and enhanced transit service to Ford Park for convenient use of parking spaces within the Village and Lionshead structures. 2. Implementation of an internal park shuttle system to ferry people to various park destinations and allow restrictions on or elimination of vehicular intrusions to the lower bench. 3. Maintain the integrity of the lower bench lawn area (Lower Commons). Avoid the introduction of any new features that would compromise its current form and function as an open turf play area and special event venue. 4. Develop an inter - agency joint maintenance and operations program for non - athletic associated landscape and amenities. IV. FORD PARK PLANNING PROCESS The planning and design process for Ford Park has reached the point where the staff and the design consultants are seeking reactions to the Ford Park Illustrative Plan and desire to garner comments regarding the perceived appropriateness of the elements and the arrangement of those elements within the park. Acknowledging the Ford Park Illustrative Plan document has not been publicly reviewed, the Council is being asked to provide their initial reactions and comments to staff at this time. PUBLIC PROCESS Additional public reviews of the Ford Park Illustrative Plan are scheduled or are being scheduled at this time. These additional public reviews include the following events: 1. Ford Park Design /Stakeholder Team review meeting on February 7 at Community Development to discuss the updated plans and images. 2. Public Open House on February 7 prior to the regular council session in the Municipal Building hallway to allow the public an opportunity to engage the design team and review the updated plans and images. 3. PEC work session on February 27, 2012. A PEC application has been submitted to allow notification of adjacent property owners to be made for this public review session. Town of Vail Page 3 zi7izolz 6 -1 -3 4. Presentations and discussions will be requested and scheduled with the adjacent property owners during or around the President's Day holiday weekend. 5. Presentations and discussions will be requested and scheduled with the major Ford Park user groups including Bravo, Dance Festival and various sports clubs and special event coordinators. 6. Links to the Ford Park Illustrative Plan document will be posted on the Town of Vail website. A request will be made to post the Vail Recreation District, Betty Ford Alpine Gardens and Vail Valley Foundation websites as well. On March 20, 2012, the Town Council will be presented with the reactions and comments received at the above listed review opportunities and will be asked, as elected stewards of the publicly owned park property, to modify or approve the Ford Park Management Plan Update document for formal submission of the plan to the PEC and DRB for review and approval. Preliminary cost estimates and budget verification will be presented. The submittal, review and subsequent approval of the Ford Park Management Plan Update will occur in 2 concurrent steps. The first will be the submittal of the overall Management Plan document to the PEC as an amendment or update to the 1997 Ford Park Management Plan. The amendment or update will include the replacement of existing plan graphics with the current plan and sketch graphic representations and the replacement of select text within the 1997 document to reflect the current elements included in the Ford Park Illustrative Plan document. The Ford Park Management Plan Update will include the Phase I and Phase 2 park elements as well as the programmatic and operational design directives. The amendment or update to the 1997 Ford Park Management Plan, following PEC approval, will require adoption by the Town Council by resolution. The second part of the review and approval process will be the submittal of a Development Plan for Ford Park to the PEC which will include only the Phase 1 elements. The Phase 1 elements are presented and reviewed by the PEC at a high level of design development. Following the approval of the Management Plan Update and Development Plan by the PEC and Town Council, the various projects will be separated into individual packages and will proceed through the DRB process by the respective managing agencies. Preparation of construction documents, bidding and construction management will remain on separate but coordinated tracks. Staff will continue to provide updates to the Council in regard to construction activities and schedules. The overriding goal of the construction sequence is to have minimal or no loss of programming capability of the athletic fields and Gerald R. Ford Amphitheater. SCHEDULE Following is an outline anticipated approval process for the Ford Park Management Plan Update document including the significant milestone dates and requests. Town of Vail Page 4 zi7izoiz 6 -1 -4 LTA Date Session or meeting Feb. 7 Stakeholder review meeting May 14 Public Open House May 16 Town Council regular session Feb. 8 -24 Neighbor associations and user groups Feb. 13 PEC submittal- Management Plan Amendment Feb. 27 PEC work Session March 12 PEC regular meeting March 20 Town Council work session April 16 Submit Development Plan to PEC April 18 DRB work session May 14 PEC review session May 16 DRB review session June 5 Town Council work session June 29 TOV/VRD projects to bidders July 26 Bid opening TOV /VRD projects Aug. 7 Town Council regular session Aug. 20 Projected start of construction ACTION REQUESTED BY COUNCIL Town Council regular session uest Provide comments to staff Provide comments to staff Review Management Plan Amendment Approve PEC submittal Management Plan amendment /Resolution Approve Development Plan Approve submittal Update as needed Contract Award Staff is asking the Town Council to provide comments in reaction to the submitted Ford Park Illustrative Plan document and specific elements included in the plan. Staff is requesting direction from council to add, delete or otherwise modify the current Ford Park Illustrative Plan document in preparation for the PEC work session of February 27. Town of Vail 2/7/2012 Page 5 6 -1 -5 Z (D V) V) w V) O tY_ Q CL C� C� Q 2/7/2012 6 -2 -1 V) V) w V) i 2/7/20 12 6 -2 -2 DESIGN DIRECTIVES: • Ford Park Image • Improved Athletic Fields • Transit Service • West Restrooms and Maintenance • Pedestrian Experience • Soccer Field Maintenance • Enhance AIPP Program • Inter - agency Management • Intuitive Way Finding • Amphitheater Lawn Seating • Vertical Circulation • Ford Family Tribute • East Road Service Access • Improve Walking Routes • Eliminate Private Vehicles • Ford Park "Trolley" • Amphitheater Entry Courtyard • Lower Commons Integrity • Covered Terrace • Upgrade Playground Restrooms • Betty Ford Garden Center • Park Center Restrooms and Concessions Z E H R E NAND ASSOCIATES, INC. ARCHITK'[ CLA 1 IWMIQr IA T.- AI'EARCHITEf. 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ITA:.n, C�lora,io WVh4 }uW3'F,14�1Y 1 IEY www.uhre.n.�Tm � Ga�ri�er� FfA u � 7C1WN�F VpfL I Z E H R E NAND ASSOCIATES, INC ��y I s C $ ARCHITEC[LRG CLANNIN INPQiIIrRt LANIFt AI'E ARCHITff.TUML 61r cw Ll\ ACOM v �Q R.r. ITA:.n, C�lora,io WVh4 }uW3'F,14�1Y 1 ILY www.uhre.n.�Tm C LPI I Fr XTlM 7C1}VN�FV1fI 2/7/2012 C 6 -2 -31 V) :tl) w V7 IWIP 2 I', V) V) w V� RIP v R r Z E H R E NAND ASSOCIATES, INC. ARCHITU —[ CLA 1 IWMIQr L T-AI'EARCHITEf. HE �R Rm ITA:.n, Colo.aJO 9i119R }4W3]F,14�lY 1 lWN www. J�ren�Tm — C IM 2/7/2012 O v F M znwxol 6 -2 -32 :Z V) V) w v� C� C� Q LL Z E H R E NAND ASSOCIATES, INC. ARCHITK'[ CLA 1 IWMIQr IA T.- AI'EARCHITEf. HE �R Rm IT A:.n, Colo.aJO 9i119R }4W3]F,14�lY 1 lWN www. J�ren�Tm 2/7/2012 A- COM F � v C LPI V% uTlor, TUWNOF�914✓ i 6 -2 -33 OPERATIONAL DESIGN DIRECTIVES: un un w K4 1. CONTINUE AND ENHANCE TRANSIT SERVICE 2. FORD PARK "TROLLEY" SYSTEM TO RESTRICT VEHICULAR ACCESS 3. INTEGRITY OF LOWER COMMONS 4. INTER - AGENCY MANAGEMENT Z E H R E NAND ASSOCIATES, INC. ARCHITE'[ CLANNIN IWMIQr L TN AI'EARCHITff KL �R Rm ITA:.n, Colo.aJO 9;IhR }gyya; F,14�lY 1 lWN www.zehren.Tm A-E - COM 2/7/2012 6 -2 -34 � v C LPI I Fr XTlM 7C1}VN�F a w cn AMA N 2/7/2012 6 -2 -35 FORD PARK SCHEDULE: February Stakeholder review meeting Public Open House Town Council update Neighbor associations and user groups PEC submittal- Management Plan Amendment PEC Work Session March PEC Review Management Plan Amendment Town Council Update /approve PEC submittal Town Council review of Resolution /Management Plan amendment April Submit Development Plan to PEC DRB work session May PEC review of Development Plan DRB review of Project June Town Council work session TOV/VRD projects to bidders July Bid opening TOV/VRD projects August Town Council Contract Award August 20 Projected start of construction Z E H K E N AND I C A 5 I-T A TES, INC. � _ - F B A RCHITEf'[LRE LANNIN NPQiIIrRt LANIFtA E ARI'CHITEf.T11RE T /ice VI,i V V Evl R.r. ITA:.n, C�lora,io WVh4 }uW3'F,144Y 1 ILY www.uhre.n.,Tm C LP �+I� t FfA7 7C1WN�FVpfI 2/7/2012 6 -2 -36 W i PROCESS FOR FORD PARK IMPROVEMENT PLAN: C O Define Program /Prepare Conceptual Plans V) V) w Community Input/TC Input Ford Park Management Plan Amendments • Illustrative Site Plan • Minor refinements to policies a PEC /Conditional Use Permit Review • Development Plan DRB Review Construction Documents Bid Project A E E K ENAND A55C1ClATA , ARCHITEf'[LRG CLANNIN INPQiIIrRt LANIFt AI'E ARCHITLCTUML A— OM �R Rm ITA:.n, Colo.aJO 9;IhR }gyya; F,14�lY 1 lWN www.zehren.Tm 's I Fr XTlM 7C1}VN�FV1fI 2/7/2012 C 6 -2 -37 COMMENTS AND QUESTIONS? Z E H R E NAND ASSOCIATES, INC. ARCHITK'[ CLA 1 IWMIQr IA T.- AI'EARCHITEf. HE �R Rm ITA:.n, Colo.aJO 9i119R }4W3]F,14�lY 1 lWN www. J�ren�Tm 2/7/2012 a-rOM NO v C LPI I Fr XTlM 7C1}VN�F V) V) w 7" W, R 6 -2 -38 V) V) w 7" v R CL. THANK a YOU o l A E E K E N AND A 5 1-f A TES, INC. _ " F g v ARCHITEf'[LRE CLANNIN INPQiI IrRt LANIFtAI'E ARCHITEf.T11RE �R Rm ITA:.n, Colo.aJO 9i119R }4W3]F,1- 1 lWN C LPI I Fr uTlm 7C1} .r 2/7/2012 6 -2 -39 K � TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Vail Golf And Nordic Center Architectural Design Contract Award PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into a contract for the rchitectural design of the Vail Golf and Nordic Center Project BACKGROUND: The Vail voters with passage of the conference Center fund question provided funding for the Vail Golf and Nordic Center project. The town requested proposals and evaluated the proposals. See attached memo from Hunn Consulting regarding the selection process. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a contract for architectural design services with Zehern Associates for $273,000. for the Vail Golf and Nordic Center Project. ATTACHMENTS: Hunn Consulting Letter 2/7/2012 MEMORANDUM TO: Greg Hall Cc: Stan Zemler FM: Jack Hunn, Hunn Consulting DATE: January 31, 2012 RE: Vail Nordic/ Golf Club House Renovation Selection process — Architectural Design Services The Architectural Design Team selection committee, (consisting of members of the TOV staff, VRD staff, the Recreation Sub - Committee and Jack Hunn as a consultant to the TOV), has completed their evaluation of the proposals received and are hereby submitting their recommendation to the Vail Town Council for consideration. THE PROCESS • An RFP with public notice was distributed in late — December, 2011. • Thirteen (13) proposals were received on January 16, 2012. • The short list selection committee met to evaluate all 13 proposals on January 19th. Four firms were short - listed and invited to an interview with the Sub - Committee. Questions were distributed to each prior to the interviews. • Three (3) firms were interviewed by the sub - committee on January 24th. One of the finalists excused themselves from consideration and did not attend the interview. • The selection committee was unanimous in their decision to eliminate one of the firms from further consideration. The two remaining finalists were Bill Pierce Architects and Zehren & Associates. • The selection committee was unanimous in their preference that Zehren & Associates be selected; conditional upon further clarification of the sub - consultant proposals which all assumed would reduce the difference between the two remaining finalists. • Greg Hall and Jack Hunn met with Bill Pierce Architects on January 27th to clarify the roles of their sub - consultant team, their strategy to engage a Club House expert as a resource and their comfort level with their fee. As a result, Bill Pierce Architects Fee was reduced by $1,500 and stands at $240,500. • Greg Hall, Jack Hunn and Scott O'Connell met with Zehren & Associates on January 30th to conduct interviews of two Civil Engineering firms and two Mechanical / Electrical Engineering firms to ensure that all had a clear understanding of the scope. By selecting the sub - consultants with the most competitive fees and through other discounts offer by Zehren & Associates as well as their preferred Structural Engineering sub - consultant, Zehren & Associates fee was reduced by $71,522 and stands at $272,283, which is $31,783 higher than the proposal from Bill Pierce Architects. CONSIDERATIONS • Bill Pierce Architects donated Conceptual Design Services which became the basis of the Ballot question regarding the funding of the project. Based on their efforts to date, they believe they have a "head start" on the project, perhaps allowing their fee and hours to be lower. • Bill Pierce Architects are committed to performing a full range of services for their proposed fee, even though they have a significantly lower number included for their sub - consultant team. They propose to "absorb" any overruns from their sub - consultants in order to maintain the limit of their total fee. • Both firms have extensive experience with remodeling projects, restaurant projects, doing projects within the Town of Vail, and for Government entities. • Both firms would place a high priority on this project and would do an excellent job for the TOV / VRD. 2/7/2012 7 -1 -I DIFFERENTIATING FACTORS • Zehren & Associates have considerably more experience in the design of Golf Club House facilities with over twenty (20) similar facilities to their credit. • Zehren & Associates have done three (3) Club House projects with a combined use of Nordic and Golf. • Zehren & Associates include 28% more architectural hours in their proposal than Bill Pierce Architects. The effective hourly rate of Zehren & Associates is 9% lower than that of Pierce Architects. • The Zehren & Associates proposal allocated a larger percentage (20 %) of their total fee to the Bidding and Construction Administration Phase of the project, which will be important to the success of the project. CONCLUSION / RECOMMENDATION The selection committee was unanimous in their preference that a contract would be awarded to Zehren & Associates, conditional upon further clarification of the sub - consultant proposals by each of the two finalists. Through a series of meetings with each of the finalists and some of the sub - consultants, the differential between the two firms has been narrowed to $31,783. While it is a difficult decision, the committee believes that the 13% premium in proposed fee can be justified by the additional experience and hours provided by Zehren & Associates. The Committee recommends that a contract for Architectural Design Services be awarded to Zehren & Associates for the Vail Nordic / Golf Club House project. f4LI 101 2/7/2012 7 -1 -2 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: First reading of Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto (PEC110067). PRESENTER(S): Rachel Dimond, Tom Braun ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 1, Series of 2012, upon first reading. BACKGROUND: On January 30, 2012, the Planning and Environmental Commission held a public hearing on a proposed rezoning of the Ski and Snowboard Club Vail from Ski Base Recreation District to Ski Base Recreation 2 District and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 4 -2 -1 (Rediker, Pierce opposed, Cartin recused). ATTACHMENTS: Ordinance No 1 Series of 2012 Staff Memorandum Ordinance No. 1, Series of 2012 SSCV rezoning- PEC memo 013012 SSCV rezoning Powerpoint 020712 2i7/2012 TOWN OF VAIL � TO: Vail Town Council FROM: Community Development Department DATE: February 7, 2012 Memorandum SUBJECT: First reading of Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto (PEC110067). Applicant: Ski and Snowboard Club Vail, represented by Tom Braun Planner: Rachel Dimond SUMMARY The applicant, Ski and Snowboard Club Vail, is requesting a rezoning of the subject property, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, from the Ski Base Recreation District to the Ski Base Recreation 2 District. Staff requests the Vail Town Council approve, approve with recommendations, or deny Ordinance No. 1, Series of 2012, upon first reading. II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On January 30, 2012, the Planning and Environmental Commission recommended the Vail Town Council approve Ordinance No. 1, Series of 2012, upon first reading, with a vote of 4 -2 -1 (Rediker, Pierce opposed; Cartin recused). This recommendation was based upon the review of the criteria outlined in the January 30, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. III. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 1, Series of 2012, upon first reading, the Community Development Department recommends the Council passes the following motion: 2/7/2012 s -1 -i "The Vail Town Council approves Ordinance No. 11, Series Of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 1, Series of 2012, the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the January 30, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds. 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. 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. " IV. ATTACHMENTS A. Ordinance No. 1, Series of 2012 B. PEC memorandum dated January 30, 2012 C. Powerpoint dated February 7, 2012 Town of Vail Page 2 2i7i2oi2 8 -1 -2 ORDINANCE NO. 1 SERIES OF 2012 AN ORDINANCE APPROVING A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 598 VAIL VALLEY DRIVE /PART OF TRACT B, VAIL VILLAGE FILING 7, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, zone district boundaries may be amended pursuant to the provisions of Section 12 -3 -7, Amendment, Vail Town Code; and WHEREAS, the subject property was annexed into the Town of Vail as part of the original Town boundaries on August 26, 1966 and was zoned Agriculture and Open Space District; and WHEREAS, the subject property was rezoned to Ski Base Recreation District from the Agriculture and Open Space District on February 15, 2000, to facilitate redevelopment as part of the larger Golden Peak development site; and and WHEREAS, redevelopment of the subject property anticipated in 2000 never occurred; WHEREAS, the subject property owner would like to redevelop the subject property and is requesting a rezoning to facilitate said redevelopment separate from the Golden Peak development site; and WHEREAS, on January 30, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 4 -2 -1 (Pratt, Rediker opposed, Cartin recused); and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town of Vail Planning and Environmental Commission and 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: Ordinance No. 1, Series of 2012 1 2/7/2012 8 -2 -1 Section 1. This ordinance adopts the following zone district boundary amendment: A rezoning from the Ski Base Recreation District to the Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, as further described in Exhibit A of this ordinance. This zone district boundary amendment shall be effective upon the adoption of this ordinance. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 4. 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 or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 7 th day of February, 2012 and a public hearing for second reading of this Ordinance set for the 21S day of February, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2012 2 2/7/2012 8 -2 -2 Exhibit A N N � W N Vail Village Filing 7 Part of Tract B (598 Vail Valley Drive - Ski Club Vail) Milk eS. IF I ---q Existing Zoning - Hqn DensOy M W ipb FemN B00M[ Q SM Base Re[rvMMn (SBR) - 0-1.1—W V) Feet 150 150 300 r , �- - -ak r te m. ms •.. n.M[a ww ro.nm..loa r..x. u. Ms. � sx.1Me. a q.n.M ww...em rn. rw.rMw de.em.�ws. m�.[- emn.��m�.MmmM.n.an[..n n�Me MM.n.o.od Meal. nsno..nm1 Last Wchied. Jawary 16. 2012 TOWN 0 VA11; Proposed Z.M.0 - - . >ny Mpnple Family (HDMF) S+. Ba;e Recro Man (SBR) Base RBCreMwn 2 (SBR 2) - General Use (GU) Ordinance No. 1, Series of 2012 3 0 TOWN OF VAIL TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 30, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Ski Base /Recreation District to Ski Base /Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC110067) Applicant: Ski and Snowboard Club Vail, represented by Tom Braun Planner: Rachel Dimond SUMMARY The applicant, Ski and Snowboard Club Vail (SSCV), is requesting a zone district boundary amendment to rezone the SSCV property, located at 598 Vail Valley Drive, from Ski Base /Recreation District to Ski Base /Recreation 2 District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the request, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The purpose of this request is to rezone the Ski and Snowboard Club Vail (SSCV) facility from the Ski Base Recreation (SBR) District to the Ski Base Recreation 2 (SBR2) District. A vicinity map (Attachment A), a zone district amendment map (Attachment B), the applicant's request (Attachment C), letters from neighbors (Attachment D) and the Golden Peak Operational Management Plan (Attachment E) are attached for review. Upon approval of a rezoning, the applicant will submit a development plan that includes details on site plan, height and all other development parameters. The Vail Town Code does not require development plans to be viewed concurrently with rezoning applications. If rezoned, all impacts of redevelopment of the site will be reviewed and addressed with the development plan, pursuant to 12- 8E -17, Mitigation of Development 2/7/2012 a -3 -i Impacts, Vail Town Code. Generally, development plans and rezoning requests are heard together for larger projects or when part of a larger development. III. BACKGROUND SSCV was founded in 1962 as a ski and snowboard youth development program. The existing SSCV structure was constructed in 1976 after the Planning and Environmental Commission approved a conditional use permit for a structure in the Agriculture and Open Space District. At the time, the PEC did not require any parking, stating that "additional parking in this location is not appropriate." At the time, Ski Club Vail served 75 users. On March 24, 1986, the PEC granted a front setback variance to allow a drop off area that also encroached into the Vail Valley Drive street right -of -way. The proposal also included the addition of the second floor of the club facility. At the time, Ski Club Vail leased parking spaces from the Rams -Horn Condominium Association to alleviate the on -site parking shortage. In January, 1998, the Town of Vail, Vail Associates and Ski Club Vail drafted a memorandum of understanding (MOU) regarding parking management for the Golden Peak Ski Base area facilities. Under this MOU, the Town Manager agreed to discuss Ski Club Vail's parking situation with the Town Council. At their October 13, 1998 hearing, the Vail Town Council directed Ski Club Vail personnel to submit an application to fix the parking and drop -off issues on site. In November 1999, the PEC approved a variance request for expanded parking and drop -off in the right -of -way in anticipation of an approved development plan. On December 13, 1999, the PEC recommended approval to the Vail Town Council for a rezoning of the property to the SBR District from the Agriculture and Open Space District. Contingent upon the rezoning, the PEC also approved a development plan and a conditional use permit for a "quasi- public club." The proposed redevelopment scheme included a 24,000 square foot commercial building for use by SSCV that included encroachments onto the adjacent Vail Resorts property, with half of the building located on Vail Resorts property. The development plan added SSCV to the Golden Peak development site. Figure 1 shows the proposed site plan as part of the approved development plan. On February 15, 2000, the Vail Town Council adopted Ordinance No. 2, Series of 2000, which rezoned the subject property from the Agriculture and Open Space District to the Ski Base/ Recreation District. The SSCV building was legally nonconforming in this district, and did not have the ability to expand under its existing zoning. According to the Staff memorandum dated February 1, 2000, "due to the encroachment onto Vail Associates' property, it is necessary to apply a consistent zoning among the parcels." A rezoning was implemented in anticipation of a redevelopment that never occurred. Town of Vail Page 2 2i7i2oi2 8 -3 -2 w� KD Fenrx f ' Esun :.Gm. �.� nt.xvEn ww SKI CLUB VAIL V A I L, COLORADO Figure 1: Ski Club Vail proposed site plan from 1999 4 0 L -L SUILMATIC SITE PLAN SSCV now serves over 500 members in a variety of alpine racing, free - skiing, freestyle, Nordic and snowboarding programs. The Club is a 501(c)3 non - profit charitable organization. The club would like to redevelop the club facility, which is too small for current programming. According to the applicant's request in Attachment C, "The need to expand and update these facilities is acute. Creating a club facility that will be commensurate with its training facilities on Vail Mountain is the driving factor behind this redevelopment proposal." SSCV envisions a 16,000 square foot club facility with an entry/lobby area, a community room, lockers and other space for athletes in the Club's various programs, administration and coach's space, conditioning /training space and storage. Structured parking is planned in the lowest level of the building. In order to finance the project during this economic downturn, the club anticipates the inclusion of dwelling units on the site as part of any future development plan. The subject property was rezoned to the SBR District and had an approved development plan, as part of the larger Tract B development site. The language in the SBR District is very specific to the Golden Peak Lodge, and does not accommodate the stand alone development of the SSCV facility as a mixed use building. Upon initial discussion with the Town of Vail Staff regarding redevelopment scenarios, there were numerous options discussed regarding potential process routes SSCV could take to achieve a redevelopment scenario: Town of Vail Page 3 ai7i2oi2 8 -3 -3 • Amend the SBR District to include mixed use club facility as a land use (still non- conforming minimum lot size) • Special Development District (underlying zone district dictates allowable land uses) • Create a new zone district (results in an additional ski base area zone district) • Rezone the property to an existing zone district (SBR2 District meets the applicant's needs of the proposed redevelopment) After reviewing the issues related to each option, the Town Staff and the applicant agreed that rezoning to the SBR2 District would be the best option to peruse the redevelopment goals of the SSCV. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.2 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. Chapter VI — Proposed Land Use (in part) SB Ski Base: Ski base areas are designated at the main mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically - pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Town of Vail Page 4 zi7izoiz 8 -3 -4 Vail Village Master Plan (in part) GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Town of Vail Page 5 zi7izoiz a -3 -5 Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. LAND USE PLAN: There is a well- defined overall pattern of land use throughout the Village that establishes one of its more pleasant characteristics. The greatest variety and intensity of uses are found within the Village Core Area and along the pedestrian ways of East Meadow Drive. The mixed use character of these areas make significant contributions to the vitality of the pedestrian experience in the Village. Land uses surrounding these areas are predominantly residential with a mixture of lodging, condominium, and low density residential development. Other land use designations in the Village include heavy service, public facility /parking, and ski base /recreation. Ski Base /Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically - pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base /Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural /art events and sports venue, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. GOLDEN PEAK SKI BASE SUB -AREA ( #10 "VA. r EAST G RE CREEK `�� � �a� \ • �i � �, h _ rte_ — r The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number Town of Vail Page 6 zi7izoiz 8 -3 -6 ' • �. _ fM4Yl �'� —" 1 � ce "' vAk illy OiVh_ .• _. GOLDEN PEAK `�� � �a� \ • �i � �, h _ rte_ — r The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number Town of Vail Page 6 zi7izoiz 8 -3 -6 of the Town's recreation programs during the summer. In 1983, Vail Associates received approval for the redevelopment of this facility and in 1988, completed the Children's Ski Center. The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 6 and 7. tj � -4 3 5 34 34 45 2.3 3'4 K �w 3 4 3.4 2 -3. 1 -2,3 v t CONCEPTUAL. BUILDING LEGEND =- _�� � ���.,. � , H EIGH T PLAN 3.4 NAXIM M NM E OF BIfMMNG HE GHT IN S O E5 �4 , VL ML AGE PLAN WItlYg Laylo d,NneH eeAfeel of hegNl .i, -H ��� \; no IMJ� ® ®. Evec Iglu VariW reMre' NMO b/ leg, cool Mgglo �Ni e w�um r,.y, SDeellod it deo =nd la esvT WiAlirg -. A. e E , ^�( DENOTES EI(ISTIlG @i h PNOVFL BIInLINLS WHILH W NDT COt&gPM TO THE C�n'CE>'TUU6 BUiIUING HEGHT A.PN 9uENMG E{ yiES p1✓Ep5 OF SIMILM HE/3Hi �\ �1� .... ^• Title 12, Zonin_p Re_pulations, Vail Town Code (in part) Chapter 12 -1: Title, Purpose And Applicability 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 7 2/7/2012 8 -3 -7 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Article 12 -8D. Ski Base /Recreation (SBR) District 12 -8D -1: Purpose: The ski base /recreation district is intended to provide for the base facilities necessary to operate the ski mountain and to allow multi - family residential dwellings as a secondary use if certain criteria are met. In addition, summer recreational uses and facilities are encouraged to achieve multiseasonal use of some of the facilities and provide for efficient use of the facilities. 12 -8D -2: Permitted Uses: A. Within Main Lodge: The following uses shall be permitted within the main base lodge building in the ski base /recreation district: Basket rental. Injury prevention and rehabilitation facilities for owners' use. Lift ticket sales. Meeting rooms for owner use and community oriented organizations. Restaurant /bar /snack bar /candy sales. Ski lockers /employee locker rooms. Ski repair, rental, sales and accessories. Ski school and ski patrol facilities. Special community events. Summer seasonal recreational, cultural and educational programs and offices. Tennis pro shop. B. Retail And Meeting Room Space Limitation: a. Retail sales space in the first two (2) floors shall be limited to a maximum of fifteen percent (15 %) of the nonresidential gross square footage of the main base lodge building. Under this section "retail" shall be defined as tennis pro shop, candy sales, ski repair /rental sales, accessories and clothing, basket rental, ski lockers and storage for the public. Town of Vail Page 8 zi7izoiz 8 -3 -8 b. Meeting rooms shall be limited to a maximum of ten percent (10 %) of the nonresidential gross square footage of the main building. C. Dwelling Units: Multi- family dwelling units within the main base lodge building if the following requirements are met: 1. The dwelling units shall be a secondary use within the main base lodge building if they meet the following criteria: a. No residential use on ground level. b. Visual impacts such as surface parking for the dwelling units shall be minimized by providing at least forty percent (40 %) of the required parking within the main base lodge building or in an attached parking structure. c. The maximum gross residential floor area (GRFA) devoted to dwelling units shall not exceed thirty percent (30 %) of the total gross square footage of the main base lodge building. 2. Before acting on multi - family dwelling units, the planning and environmental commission shall consider the following factors in regard thereto: a. Relationship and impacts of the use on development objectives of the town. b. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks, and recreational facilities, and other public facilities and public facilities needs. c. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. d. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 3. The planning and environmental commission shall make the findings set forth in subsection 12 -16 -6B of this title before permitting multi - family units within the main base lodge building. D. Children's Ski School Building: Permitted uses within the children's ski school building: Children's ski school services and programs. Community events and programs. Summer recreational, cultural and educational programs. Year round childcare and children's ski school and appurtenant recreational facilities and programs. E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned ski base /recreation district: Bus and skier drop off. Food and beverage service. Indoor and outdoor ski storage. Mountain storage buildings. Private unstructured parking. Public parks, tennis and volleyball courts, and playing fields, playgrounds. Ski racing facilities. Town of Vail Page 9 zi7izoiz 8 -3 -9 Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. Special community events. Water treatment and storage facilities buildings. F. Employee Housing Units: Employee housing units, as further regulated by chapter 13 of this title. 12 -8D -3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base /recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. Public, private or quasi - public clubs. Recreation room /minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. The following accessory uses shall be permitted in the ski base /recreation district: Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. Home occupations, subject to the issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. 12 -8D -5: LOCATION OF BUSINESS ACTIVITY. All offices and retail sales conducted in the ski base /recreation district shall be operated and conducted entirely within a building except for approved special events and food and beverage vending. 12 -8D -6: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the ski base /recreation district will meet the intent of the zone district, a development plan shall be required. Town of Vail Page 10 2/7/2012 8 -3 -10 B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12 -8D -7 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. A report of the planning and environmental commission stating its findings and recommendations shall be transmitted to the town council for approval in accordance with the applicable provisions of section 12 -16 -6 of this title. C. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the ski base /recreation district. D. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12 -9A -10 of this title. E. DRB Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12 -8D -7: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and /or modified by the administrator and /or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and /or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12 -8D -8: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. Town of Vail Page 11 zi7izoiz s -3- 11 D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. 12 -8D -9: LOT AREA: The minimum lot or site area shall be forty (40) acres of site area, at least one acre of which shall be buildable area. 12- 8D -10: SETBACKS: In the ski base /recreation district, front, side, rear and stream setbacks shall be as indicated on the approved development plan. 12- 8D -11: HEIGHT: Up to sixty percent (60 %) of the building (building coverage area) may be built to a height of thirty five feet (35'), or less. No more than forty percent (40 %) of the building (building coverage area) may be higher than thirty five feet (35'), but not higher than forty feet (40). Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as gross residential floor area may extend above the height limit a distance of not more than twenty five percent (25 %) of the height limit nor more than fifteen feet (15). 12- 8D -12: DENSITY CONTROL: Total density shall not exceed one dwelling unit per eight (8) acres of site area. A dwelling unit in a multiple - family building may include one attached accommodation unit no larger than one -third ( 1 13) of the total floor area of the dwelling 12- 8D -13: SITE COVERAGE: Site coverage shall be as shown on the approved development plan. 12- 8D -14: LANDSCAPING AND SITE DEVELOPMENT. Landscaping requirements shall be as shown on the approved development plan. All areas within the area(s) of disturbance in the landscape plan not occupied by building, ground level decks or patios, or parking shall be landscaped. 12- 8D -15: PARKING PLAN AND PROGRAM: Parking plan and management program shall be as shown on and described in the approved development plan. ARTICLE 12 -8E. SKI BASE /RECREATION 2 (SBR2) DISTRICT 12 -8E -1: PURPOSE: The ski base /recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The ski base /recreation 2 district is intended to ensure adequate light, air, open space Town of Vail Page 12 2/7/2012 8 -3 -12 and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. 12 -8E -2: PERMITTED USES: The following uses shall be permitted within the ski base /recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi - family residential dwelling units. Single- family residential dwelling units. Two - family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information /activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements /facilities, subject to the issuance of a special events license. 12 -8E -3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base /recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of Town of Vail Page 13 2/7/2012 8 -3 -13 chapter 16 of this title: Brewpubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12 -3 -4 of this title. 12 -8E -4: ACCESSORY USES: The following accessory uses shall be permitted in the ski base /recreation 2 district: Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. Ski patrol offices. Ski school offices, sales, and activities. Skier and guest service employee offices, locker rooms, and meeting rooms. Swimming pools, patios or other recreation facilities customarily incidental to permitted uses. 12 -8E -5: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the ski base /recreation 2 (SBR2) district shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12 -8E -6: DEVELOPMENT PLAN: A. Development Plan Required: Prior to site preparation, building construction, or other improvements to land within the ski base /recreation 2 district, there shall be an approved development plan for said district or portion thereof. An approved development plan shall be the principal document in guiding the development, uses and activities of land within the zone district. A development plan shall be approved by the planning and environmental commission. Development standards including setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the planning and environmental commission as part of the approved development plan. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in section 12 -8E -9 of this article. B. Application: An application for approval of a development plan may be filed by any owner of property within the ski base /recreation 2 district or his /her agent or authorized representative. The application shall be made on a form provided by the department of community development and shall include a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the development plan, or Town of Vail Page 14 2/7/2012 8 -3 -14 their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in subsection 12 -8E -8A of this article and a development plan as outlined in subsection C of this section. C. Contents: The development plan shall be comprised of materials submitted in accordance with subsection 12 -8E -8A of this article. The development plan shall contain all relevant material and information necessary to establish the parameters within which land in the district may be developed. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, off street parking /loading plan, off site improvements plan, preliminary open space /landscape plan, densities and permitted, conditional and accessory uses. 12 -8E -7: DEVELOPMENT REVIEW PROCEDURES: A. Preapplication Conference: Prior to submittal of a formal application for a development plan, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail comprehensive plan, and the review procedure that will be followed for the application. B. PEC Conducts Final Review: The final review of a proposed development plan shall be by the planning and environmental commission at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss the development plan. A report of the department of community development staff's findings and recommendations shall be presented at a public hearing before the planning and environmental commission. The planning and environmental commission shall review the development plan in accordance with the provisions of section 12 -8E -9 of this article. 12 -8E -8: SUBMITTAL REQUIREMENTS: A. Information And Materials Required: The administrator shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the administrator or the planning and environmental commission if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the Vail comprehensive plan. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: Town of Vail Page 15 2/7/2012 8 -3 -15 A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. D. Comprehensive Plan: Conformity with the Vail comprehensive plan, town policies and urban design plans. E. Natural And /Or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the development plan is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the development plan. J. Annexed Lands: Conformity with the terms of an annexation agreement and demonstration of a compelling public benefit which furthers the public interest. 12- 8E -10: LOT AREA: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable site area. 12- 8E -11: SETBACKS: In the ski base /recreation 2 district, front, side and rear setbacks shall be as indicated on the approved development plan. 12- 8E -12: HEIGHT. In the ski base /recreation 2 district buildings shall range in height from zero feet (0) to forty three feet (43) and be indicated on the approved development plan. All development shall comply with the building height guidelines found in the Vail village master plan conceptual building height plan. In no instance, however, shall the maximum building height exceed forty three feet (43). 12- 8E -13: DENSITY CONTROL (DWELLING UNITS PER ACRE /GRFA): Total density shall not exceed eight (8) dwelling units per acre of buildable site area. The total Town of Vail Page 16 zi7izoiz s -3 -16 allowable gross residential floor area (GRFA) shall be as indicated on the approved development plan. 12- 8E -14: SITE COVERAGE: In the ski base /recreation 2 district, site coverage shall be as indicated on the approved development plan. 12- 8E -15: LANDSCAPING AND SITE DEVELOPMENT: In the ski base /recreation 2 district, landscaping requirements shall be as indicated on the approved development plan. 12- 8E -16: PARKING /LOADING PLAN AND PROGRAM: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least ninety five percent (95 %) of the required parking shall be located within the main building or buildings, and as approved by the planning and environmental commission in review of the development plan. The off street parking and loading plan shall be indicated on and described in the approved development plan. 12- 8E -17: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading /delivery, streetscape improvements, stream tract /bank improvements, public art improvements, parking, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment /development projects which produce substantial off site impacts. 12- 8E -18: AMENDMENT PROCEDURES: A. Minor Amendments: 1. "Minor amendments" are modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved development plan, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and /or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the development site; or changes to gross floor area of not more than five percent (5%) of the approved square footage of residential floor area or retail, office, common areas and other nonresidential floor area. 2. Minor amendments consistent with the design criteria outlined in section 12 -8E -9 of this article may be approved by the department of community development. All minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the department of community development. Town of Vail Page 17 2/7/2012 8 -3 -17 3. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the zone district that may be affected by the amendment. Affected properties shall be as determined by the department of community development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the planning and environmental commission will be informed of the administrative action. In all cases the report to the planning and environmental commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 4. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the zone district, the applicant, planning and environmental commission members or members of the town council as outlined in section 12 -3 -3 of this title. B. Major Amendments: 1. "Major amendments" are any proposal to change uses; increases to residential floor area greater than five percent (5%) of the approved square footage; increases to retail, office, or common floor area greater than five percent (5%) of the approved square footage; increases or decreases to the number of dwelling, accommodation, or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the administrator and defined in this article. 2. Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in section 12 -8E -7 of this article. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the department of community development. 3. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this title. 12- 8E -19: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the development plan within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided: If the developer does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding subsection, the approval of said development plan shall be void. The planning and environmental commission shall review the Town of Vail Page 18 2/7/2012 8 -3 -18 development plan upon submittal of an application to reestablish the development plan following the procedures outlined in section 12 -8E -7 of this article. V. SITE ANALYSIS Existing Zoning: Ski Base /Recreation District Proposed Zoning: Ski Base /Recreation 2 District Existing Land Use Designation: Ski Base Proposed Land Use Designation: Ski Base (no change) Mapped Geological Hazards: None Lot Area: Approximately 0.265 acres/ 11,543 square feet Development Standard Ski Base /Recreation Ski Base /Recreation 2 Land Use Designation District District Minimum Lot Size 40 acres with 10,000 square feet of Recreational 1 acre buildable area buildable area Minimum Setbacks Per the approved Per the approved Ski Base development plan development plan Maximum Height 60% max 35 feet 43 feet and per the Vail 40% max 40 feet Village Master Plan Maximum Dwelling 1 DU/ 8 acres 8 DU/ acre units /acre (2 DU on subject property) GRFA 30% of gross floor area Per the approved in lodge development plan Site coverage Per the approved Per the approved development plan development plan Minimum Landscaping Per the approved Per the approved development plan, all development plan; 95% disturbed areas without of required parking shall structure, parking or be within the building patios must be landscaped Required Parking Per parking and In accordance with management plan Chapter 12 -10 Development Review PEC review of PEC review of Process development plan development plan VI. SURROUNDING LAND USES AND ZONING Town of Vail Page 19 zi7izolz 8 -3 -19 Existing Use Zone District Land Use Designation North: Mixed Use Residential Cluster Village Master Plan South: Recreational Ski Base /Recreation Ski Base West: Recreational Ski Base /Recreation Ski Base East: Recreational Ski Base /Recreation Ski Base Town of Vail Page 19 zi7izolz 8 -3 -19 VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff believes a rezoning of the subject property to the SBR2 District is consistent with all applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and Section IV of this memorandum. The SBR2 District will allow for a coordinated and predictable development review process and will allow for the development vision anticipated by the Club. • Vail Land Use Plan: This zone district boundary amendment meets the goals and objectives of the Vail Land Use Plan, including: o Goal 1.1, which states that "Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. " • Vail Village Master Plan: The applicable goals, objectives and policies of the Vail Village Master Plan will be met by rezoning to SBR2 District, including: • Objective 1.2, which states that the Town should "encourage the upgrading and redevelopment of residential and commercial facilities." • Objective 2.2, which calls for recognition of "the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. " • Objective 2.3, which states the Town should "increase the number of residential units available for short term overnight accommodations. " Should dwelling units be approved on the subject property as part of a development plan once SBR2 zoning is in place, these dwelling units will most likely not be occupied by full -time residents, and thus, could become available for short -term rental. Therefore, Staff believes the applicant's proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The rezoning of the subject property to the SBR2 District will be in line with the recommendations for the designation of Ski Base in the Vail Land Use Plan, and the Vail Village Master Plan's Golden Peak subarea #10. The Vail Land Use Plan Ski Base designation of the subject property states that "uses and activities for these areas are intended to encourage a safe, convenient and aesthetically - pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort Town of Vail Page 20 2i7i2oi2 8 -3 -20 services, base facilities, public restrooms, clubs, parking and loading /delivery facilities, and residential..." This is directly in line with the SSVC rezoning request and their vision to redevelop with a mix of uses not achievable in the SBR District. Staff finds the proposed rezoning also meets the recommendations of the Vail Village Master Plan's Golden Peak subarea #10, which states that "the further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community. " Therefore, Staff believes this proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the rezoning of the subject property to the SBR2 District will allow for more harmonious, convenient and workable development of the subject property by providing a more harmonious and workable zone district. This is due to the broader nature of the SBR2 District versus the prescriptive and restrictive nature of the Ski Base Recreation District, which was established to facilitate the development of Golden Peak without any consideration of the SSCV property. Further, the proposed zone district is very similar in purpose to the existing zone district, as both purpose statements ultimately result in the shared outcome of ski base land uses and structures that interact with the adjacent ski mountain. There are many issues that need to be addressed with the development plan application that are not addressed through a rezoning application. In some cases, impacts of development must be mitigated, as outlined in Section 12- 8E -17, Mitigation of Development Impacts. The impacts that will be addressed during the development plan review include deed restricted employee housing, roadway improvements, traffic mitigation, pedestrian walkway improvements, loading /delivery, streetscape improvement, parking, landscaping, public art, and similar issues. There is also a Golden Peak Operational Management Plan (see Attachment E) that will need to be updated to further address traffic impacts, parking, and loading and delivery. The Vail Town Code does not require development plans to be viewed concurrently with rezoning applications, and Staff believes these impacts will be adequately addressed with the development plan. Therefore, Staff believes the applicant's proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff finds the proposed rezoning of the subject property to SBR2 District will help facilitate the redevelopment of an aging building that needs to be updated. This will provide for the growth of an orderly viable community, and does not constitute spot Town of Vail Page 21 zi7izolz 8 -3 -21 zoning as the amendment serves the best interests of the community as a whole by facilitating the redevelopment of this aging property and complying with the Vail Comprehensive Plan. Land use decisions in various courts have determined that if the amendment serves the best interests of the community as a whole, the rezoning is not spot zoning. Further, the SBR2 District is only one parcel away from the subject property and the districts are compatible because of the similarities in their purpose statements. Therefore, Staff believes the proposal meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds the proposed rezoning of the subject property to SBR2 from Ski Base Recreation will not adversely impact the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features, as the difference in allowable bulk and mass between the already development property and a potential redevelopment scenario is marginal, and the site is small enough and removed enough from the hillside that none of the above elements will be adversely impacted. Further, when specific details are provided in the development plan, these elements will be reviewed again during the development plan review. Therefore, Staff believes the proposal meets this review criterion. 6. The extent to which the zone district amendment is cons istent with the purpose statement of the proposed zone district. Staff finds the proposed rezoning of the subject property is consistent with the purpose statement of the proposed zone district. The purpose statement of the SBR2 District states: "the District is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential.. and semipublic uses.. associated with a vibrant resort community are also permitted within the zone district. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. " The SSCV facility rezoning and subsequent redevelopment furthers the purpose of the zone district by providing a semipublic use that works in conjunction with Vail Mountain Town of Vail Page 22 2i7i2oi2 8 -3 -22 to provide world -class ski and snowboard development programs that provide a public benefit. The permitted residential land uses that are anticipated to finance the project are also consistent with the purpose statement's inclusion of residential uses. Therefore, Staff believes the proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. When the subject property was rezoned to the Ski Base Recreation District, it was rezoned to facilitate redevelopment of the subject property with encroachments onto the adjacent Vail Mountain property. In order to allow the development site to encompass all of Tract B, including Golden Peak, a consistent zoning needed to apply to the entire development site that shared one development plan. The current strategy of SSCV is to redevelop within the confines of their own property, and with a separate development plan and development potential from Vail Mountain and Golden Peak. As a result, they are legally non - conforming in terms of lot size, and thus, have difficulty in redeveloping the property. The proposed rezoning allows for the development of dwelling units, which could be integral to financing, as was the case in most of the redevelopment projects that occurred during Vail's "Billion Dollar Renewal." Therefore, Staff believes the proposal meets this review criterion. 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Ski Base /Recreation District to Ski Base /Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Ski Base /Recreation District to Ski Base /Recreation 2 District, located at Town of Vail Page 23 2i7i2oi2 8 -3 -23 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated January 30, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. 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. " IX. ATTACHMENTS A. Vicinity Map B. Proposed Zoning Map Amendment C. Applicant's request D. Letters from neighbors E. Golden Peak Operational Management Plan Town of Vail Page 24 2i7i2oi2 8 -3 -24 Attachment A Vail Village Filing 7 Parr of Tract B (598 Vail Valley Drive - Ski Club Vail) A&Nk P r # e ' 1 M ------------ ms meo.�ees wetea q me raw, wwiois re.n. uae n e.a w: a. aim -+e� waer+r. rro rmw oe w deee Fv wnene oneame me �nermsim mri��ee ���N� Feet ,�� 0 25 50 75 150 FUN OF VAIL" Last Mo65ed. ,3arxtary 16. 2012 8 -3 -25 Attachment B Vail Village Filing Part of Tract 6 (598 Vail Valley Drive - Ski Clux ® F Feet miem•a wu cre.re•prrn•ro-rn mrvricisrwm, uu•tnremw awue•Ar s•�wsiw••e•s•mr m•rmn•rvwi a•• :eat venrnm••cw.may orm•imsmaian comwrea n•r•in. 0 150 30€7 cn•b.nwT.w�rai ime m.x �ao•�im•te� Last Modified: January 16, 2012 TOWN OF SP 2/7/20 8 -3 -26 A oMPBRAUN 11SSC7CIA I CS, INC. LAND PLANNING & COMMUNITY DEVELOPMENT December 27, 2011 Mr. Warren Campbell Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81632 RE: Proposed Rc- zoning of SSCV Clubhouse Site Dear Warren: Attached you will find an application to re -zone the Ski and Snowboard Club Vail property from Ski Base /Recreation to Ski Base/Recreation 2. Material provided herein includes: 1. Written description of the request, 2. Diagrams graphically depicting the area to be re -zoned 3. Application form 4. Filing fee I think you will find the material submitted to be very consistent with what we have discussed over the past few weeks. Thank you for your time and efforts to date. Please do not hesitate to contact me with any questions you may have. I look forward to working with you on this exciting project. Regards, Thomas A. Braun CC: Aldo Radamus Phil Hoversten David Viele Glen Davis Opal Building - 225 Main Street - Suite G -002 • Edwards, Colorado • 81632 970 - 926 -7575 - 970 -926 -7576 fax • www.braunassociates.com 2/7/2012 8 -3 -27 SKI Al D SI OWBOARD CLUB VAIL Re- zoning Request, December 27, 2011 The purpose of this report is to provide background information and rationale for the proposed re- zoning of the Ski and Snowboard Club Vail (the Club, or SSCV) property located within the Golden Peak neighborhood of Vail. This request is to re -zone the subject property from Ski Base /Recreation to Ski Base /Recreation 2. The purpose of the re- zoning is to establish zoning on the property that could facilitate the redevelopment of existing Club facilities. The following information is provided below: • a brief summary of SSCV, a description of existing club facilities and goals for and need for upgrading Club facilities, • an assessment of re- zoning alternatives and the rationale for the proposed re- zoning, and • a statement regarding how the proposed re- zoning is consistent with applicable review criteria. This application is submitted by and on behalf of Ski and Snowboard Club Vail. Due to the projects proximity to Vail Mountain the Club will be coordinating with Vail Resorts (and with other neighbors) on any future redevelopment plans for their property. However, this project is not a Vail Resorts or Vail Resorts Development Company project. Ski and Snowboard Club Vail Founded in 1962, the mission of the Club is to provide youth the opportunity for character growth and excellence through athletics. The Club is widely recognized as one of the premier ski and snowboard clubs in the Country and is highly respected throughout the Valley as a leader in youth development. Ski and Snowboard Club Vail serves over 500 members in a variety of alpine racing, free - skiing, freestyle, Nordic and snowboarding programs. The Club is a 501(c)3 non -profit charitable organization. Originally a small club dedicated to ski racing, SSCV has evolved into one of our community's largest organizations dedicated to serving our youth. In doing so the influence of the Club has grown to cover a wide range of topics, all making significant contributions to our community. The Kids The Club has had amazing success in developing snow -sport athletes who have gone on to excel on an international stage. The most recognizable among these is of course Lindsey Vonn, but not to be overlooked are the achievements of Toby Dawson, Chris Del Bosco, Sarah Schleper and many others. Over the course of the past two years four athletes have been named to the U.S. Ski Team, notable among them are two local, "home grown" athletes born and raised here in Eagle County. 2i7/2oi2 8 -3 -28 Athletic achievements are an important goal, however the underlying purpose of the Club in serving our youth is to use athletics to instill the "3 C's" of courage, character and commitment, to help kids development life lessons that will help them in the years to come. The Community The Club utilizes its staff and athletes to volunteer in a variety of community events throughout the year. Most notable among these is the Birds of Prey at Beaver Creek. Each year the Club provides on average 4,000 hours of volunteer help to this event. The presence of Club volunteers is also found at the Community Fund Rummage Sale, the Copper Triangle and other community events. The Academy In the fall of 2007 Ski and Snowboard Club Vail partnered with the Eagle County School District to establish the Vail Ski and Snowboard Academy. The Academy is a fully accredited and certified public school with the goal of providing its students with a rigorous academic curriculum while supporting a world class training and competition schedule. From 31 students in its first year, the Academy grown to 141 students in 2011. While most students are from Eagle County, this past year a total of 17 families re- located to Eagle County in order for there kids to attend the Academy. The economic impact of these new families is significant. Economic Impact The Club's programs and visitors drawn to Vail are instrumental in generating significant economic activity for the community. Foremost among these is the early season training at Golden Peak. Snowmaking improvements made a few years ago have made Golden Peak a prime location for early season race training. This past year, for a five week period 20 ski clubs, 10 colleges and 20 national ski teams came to Vail to train. This resulted in the Club issuing approximately 7,600 tickets to visitors who on average spent a week in Vail. This resulting in literally millions of dollars spent on lodging, meals and shopping. By way of example, Manor Vail alone had 2,200 "group nights" during this period, at a time of year when the facility is typically very quiet. Throughout the winter the Club hosts a number of races and other events. This year 42 race days are planned and most of them are multi -day events. This year Vail will host a Junior Olympic event for 13 and 14 year olds that will involve 160 athletes, coaches and families over an eight day period. The economic impact of this and other events is quite considerable. Existing Club Facilities The Club currently operates from a building located at the base of Vail Mountain at Golden Peak that is approximately 6,000 square feet in size. This building was originally constructed in the 2i7/2oi2 8 -3 -29 mid -70's and a second floor was added in the mid -80's. At that time the Club was serving just over 100 athletes. With a current membership of over 500 athletes the space constraints within the existing facility are severe and the building is certainly showing its age. The need to expand and update these facilities is acute. Creating a club facility that will be commensurate with its training facilities on Vail Mountain is the driving factor behind this redevelopment proposal. Goals of the Club Re- development The goal of the Club is to re- develop their building to provide the space and facilities necessary to serve its membership — be they five year olds in the Future Stars program or world class athletes competing in Olympic or World Cup events. Conceptual plans for the building envision approximately 16,000SF of Club space that would include an entry /lobby area, a community room, lockers and other space for athletes in the Club's various programs, administration and coach's space, conditioning /training space and storage. Structured parking is planned in the lowest level of the building. As a non - profit organization financing a building of this size is extremely challenging. The "economic engine" for the redevelopment would be two for -sale residential condominiums on the upper floors of the building. Additional information on existing club facilities, the need for the project and specifics on the proposed re- development would be provided as an element of the Development Plan to be provided in subsequent steps in the Town's development review process. The Problem Statement — Existing Zoning The property is .265 acres in size and is currently zoned Ski Base /Recreation. This zone district was created in the early 80's and was written with the specific intention of facilitating the re- development of the Golden Peak Base Lodge. The degree of specificity with which the zone district was written (in order to facilitate the base lodge redevelopment) is extreme. For example, allowable GRFA is based on a percentage of the square footage of the "base lodge ". As such GRFA ratio cannot reasonably be applied to the Club's parcel (or any other parcel for that matter). Another complication is that the minimum lot size in the Ski Base /Recreation District is 40 acres, making the SSCV parcel a non - conforming lot. In summary, the Ski Base /Recreation zoning currently applied to the Club's parcel does not provide a "workable process" for the review of redevelopment plans for the Club's land. 2i7/2012 8 -3 -30 The problem statement, or question is - what zoning and development review process is most appropriate for this project. Alternative Review Processes There would appear to be four possible zoning alternatives for how this project could be handled. The goals of this review process would be two -fold — to provide a process that would allow SSCV to propose a building consistent with its redevelopment goals and to provide the Town with the tools necessary to review the proposal. The following summarizes each of these. Amend the Ski Base /Recreation Zone District In theory the "problematic" sections of the Ski Base /Recreation district could be amended such that the zone district could be used on other properties. However, given the specificity with which this zone district was written relative to the Golden Peak Base Lodge, any amendments would create other complications and could raise questions relative to the larger, +/ -40 acre Ski Base /Recreation parcel. Amending this district is not considered a viable alternative. 2. SDD Overlay An SDD could provide a zoning process for the Club to propose their redevelopment plans and an SDD would also provide the town with the tools to review the proposal. However, an SDD is an overlay district and the underlying zone district would still come into play, i.e. the inherent complications with the Ski Base /Recreation District would remain a problem. An SDD is not considered a viable alternative. Create a new zone district A new zone district could be drafted and applied to the SSCV property. However, drafting a new zone district is an extensive effort and begs the questions — how many different zone districts does the town really need and as an alternative is there an existing zone district that could "work "? 4. Re -zone with existing zone district In 2006 the Town established the Ski Base /Recreation 2 (SB/R2) district in order to facilitate the development of Vail's Front Door. The underlying purpose of the Ski Base /Recreation 2 district is to "provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain ". A ski and snowboard club would certainly seem to be consistent with this purpose. Proposed Zoning Amendment 2i7/2012 8 -3 -31 While the Ski Base /Recreation 2 district was created to facilitate the development of Vail's Front Door, this zone district was not written with the same degree of specific attention to one building (Golden Peak Base Lodge) as was done with the Ski Base /Recreation District. As such, the land uses, development standards and review procedures outlined in SB /R2 could reasonably be applied to other properties. From a technical standpoint the permitted and conditional uses, allowable densities and other development standards would all "work" for the project envisioned by the Club. Any development approval is subject to the Town's review and approval of a development plan so the town would have the tools necessary to ensure the project is consistent with Town goals. The SB /R 2 zone district is a viable alternative for the Club to use in pursuing their redevelopment plans and the zone district amendment is to apply SB /R2 to the SSCV property. The proposed amendment is in many ways a housekeeping item necessary to correct the complications created by the specificity with which the SB /R2 district was written. Consider the following comparisons: • Density (8 units per acre) is the same in both districts, • Most development standards are the same in both districts, • Allowable land uses (oriented toward ski mountain /base area uses) are very similar in both districts, and • The requirement for a Development Plan and the review processes are very similar in both districts. Diagrams depicting the subject property are found on the following two pages. 2i7/2oi2 8 -3 -32 Rezoning Request x N w N c w N Ski and $nowloard Club ;Tail Context Map Town of Vail, Colorado Criteria for Reviewing the Proposed Re- zoning Request In accordance with the Town Code, the following factors are to be considered by the PEC and Town Council with respect to the requested zone district amendment. (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The property has been zoned Ski Base /Recreation since 2000. This zone district was deemed to be consistent with "all applicable elements of the goals, objectives and policies of the Vail Comprehensive Plan" when the property was originally zoned SB/R and it is reasonable to assume that the SB /R zoning remains consistent with these goals, policies and objectives. As described in earlier sections of this report, rezoning to Ski Base /Recreation 2 will not significantly change the underlying purpose of the zone district, the allowable uses, density provisions, review processes or the majority of development standards. For these reasons it is reasonable to conclude the proposed zone district amendment is consistent with the Town's comprehensive plan. The Vail Village Master Plan and the Vail Land Use Plan are the two most relevant master plan documents to consider relative to the proposed re- zoning. Each of these documents includes a wide array of goals, objectives and policies along with other elements to be considered in reviewing a re- zoning proposal. The following is a brief summary of these two plans: Vail Village Master Plan (adopted 1990, updated 2006 and 2009) The SSCV club facility is located just outside of the boundary of the Vail Village Plan boundary and as such is also located outside the Land Use Plan and other Illustrative Plans found in the document. For example, the subject property is located immediately outside the Ski Base Recreation land use category which reads: Ski Base /Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically- pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base /Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural /art events and sports venue, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Given the subject property was zoned Ski Base /Recreation prior to the adoption of the VVMP, it is a reasonable assumption to consider this land use category relative to the proposed re- zoning. 2i7/2012 8 -3 -35 A major element of the VVMP is the "Action Plan ". The Action Plan provides graphic and narrative descriptions of opportunities, constraints and other considerations relative to future land uses for ten unique "sub areas" throughout the Village area. These sub area concepts are intended to provide "advisory guidelines for future land use decisions to be used by the Planning and Environmental Commission and the Town Council. The Action Plan for the "Golden Peak Sub Area" does include the SSCV property. This element of the Plan states: The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number of the Town's recreation programs during the summer. In 1983, Vail Associates received approval for the redevelopment of this facility and in 1988, completed the Children's Ski Center. The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 6 and 7. This element of the VVMP would clearly support the proposed zoning for the SSCV property. Vail Land Use Plan (adopted 1986, updated 2009) The most pertinent goal from this Plan is 1.3 — "the quality of development should be maintained and upgraded whenever possible ". The underlying purpose of this request is to establish a "workable" zoning and development review process that will allow the Club to propose the upgrading of existing facilities. The subject property is designated "SB Ski Base" on the Land Use Map. This category is described as: Ski base areas are designated at the main mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. The proposed re- zoning to Ski Base /Recreation 2 is consistent with this land use category. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and 2i7/2012 8 -3 -36 The proposed zoning is suitable for both the existing use of the subject property and the potential future use of the property, and both existing and future uses are compatible with surrounding land uses. This finding is clearly evident when considering the very minor changes in proposed zoning when compared to the properties existing zoning. Potential future uses are also consistent with the town's adopted master plans. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The existing Ski Base /Recreation zoning has been in place on the property for many years. Based on the fact that the Town zoned the property Ski Base /Recreation in 2000, one can reasonably assume the existing zoning was deemed to provide a "harmonious, convenient, workable relationship among land uses ". Given the fact that proposed zoning to Ski Base /Recreation 2 would result in very few material changes as compared to the existing zoning, it is concluded that the proposed re- zoning is consistent with this criteria. Purpose of district is to ensure compatibility and that compatibility is ensured by requirement of development plan review as requisite of any development. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and One of the stated purposes of the SB /R 2 district is ". . . to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article ". The requirement for all development within the SB /R 2 district to obtain approval of a development plan would inherently provide a system to ensure "orderly growth of our community ". "Spot zoning" is generally considered applying zoning to a single (often small - sized) property without consideration the community's broader context. By the same token, courts have upheld re- zoning of single properties (regardless of size) if the re- zoning is consistent with a communities land use objectives and relevant community plans. Given the proposed re- zonings conformance with applicable community plans, this request would not be considered "spot zoning ". (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed re- zoning would not result in an adverse impact on any of the considerations listed above. 2/7/2012 8 -3 -37 (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and The stated purpose of the Ski Base /Recreation 2 district is: The Ski Base /Recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The ski base /recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. (Ord. 29(2005) § 25: Ord. 4(2003) § 1) The existing and planned uses of the subject site are consistent with "uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community" (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and This is not necessarily a case where "conditions have changed" so much as it is a situation where the existing Ski Base /Recreation District was drafted in such a manner as to be exceedingly specific to the Golden Peak Base Lodge development. The degree of specificity is such that the SB /R district does not provide a "workable" zone district for the subject property. (8) Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. To be determined by the Planning and Environmental Commission and /or Town Council. 2i7/2012 8 -3 -38 Rachel Friede Dimond From: Shelley Bellm Sent: Tuesday, January 24, 2012 8:42 AM To: Rachel Friede Dimond Subject: FW: Ski Club Follow Up Flag: Follow up Flag Status: Flagged FYI From: DeiahanOne(&aol.com Finailto:DeiahanOne(�aol.coml Sent: Tuesday, January 24, 2012 8:42 AM To: Shelley Bellm Subject: Ski Club I live full time in the Vail Golf Course neighborhood and I am in favor of this project. However, I would like to see some form of speed control measures implemented along Vail Valley Drive to slow the traffic down. It is a race course on the weekend and the police do not cite speeders. Thanks, Kevin Deighan Timberline Commercial Real Estate 1163 Cabin Circle Vail, CO 81657 970 - 476 -3436 970 - 476 -1986 Fax 213 - 347 -6428 Los Angeles Phone www.timberlinere.com DRE #00983852 2/7/2012 1 8 -3 -39 From: Carrie Walker f mailto :carrieswalker(cDgmall.comI Sent: Tuesday, January 24, 2012 9:02 PM To: Shelley Bellm Subject: SSCV Re -Zone To Whom it May Concern: As a resident of the Rams Horn Lodge and member of the VHA, I would like to ask some questions regarding the proposed re- zoning of the Ski and Snowboard Club Vail. No doubt, the club is an important asset to Vail mountain and the people to whom it serves. As an owner in Vail I am concerned by a few things..... 1. 1 have not yet seen any development plans proposed by the SSCV - Can that be provided before the vote on zoning assessment? 2. What parking measures has the SSCV taken to alleviate any parking issues that will result from its expansion? 3. To what degree is the zoning changing as it pertains to having residential and business use mixed? 4. What is the length of time for construction? 5. What is the parking consideration during construction? To date, no information has been circulated to neighbors in the area. Any information the development team has would be greatly appreciated in order to vote in a more educated manner on this issue. Regards, Carrie Walker 2/7/2012 8 -3 -40 January 24, 2012 Town of Vail Planning Commission 75 S. Frontage Road Vail, CO 81657 Dear Members of the Planning Commission The following is sent on behalf of the Rams -Horn Lodge Condominium Association in reference to the Ski and Snowboard Club Vail potential rezone and redevelopment of their current facilities. The facility is old and most likely in need of update. Prior to any approvals, however, we would like to see the plans and elevations for the proposed facility. Additionally, and perhaps of equal importance is a traffic impact study. As an Association, we have voiced our concerns on a number of occasions regarding the traffic, congestion, and safety of pedestrians on Vail Valley Drive. There also are issues regarding drop off, pick up and parking. Our concern at this point is that the potential re- development will lead to even greater issues of safety. As to whether the redevelopment including potential residential additions is within the realm of what is permitted in this area will most likely require significant discussions and meetings. We will participate in the public hearing process. We are also willing to be involved in a neighborhood study committee if that is found to be of any benefit to the Town of Vail. Sincerely John and Diane L. Milligan Association Managers and Owners Representatives 2/7/2012 8 -3 -41 All Seasons Condominium Association, Inc. C/O Lin Grubbs, President 2080 Meadow Brook Drive Vail, CO 81657 January 24, 2012 Town of Vail Planning Commission Vail, Colorado Re: The Ski and Snowboard Club Vail (SSCV) Rezoning Proposal To Whom It May Concern: The Board of All Seasons Condominium Association, Inc. has recently learned of a proposal by SSCV to rezone its present site on Golden Peak for the redevelopment of the existing building and the expansion of its services and facilities. The proposed rezoning application suggests the possibility of allowing residential use of some portion of the existing site. In addition to this request, we have learned of plans to redevelop the current Vista Mahn area for the construction of a Vail Village Gondola. All Seasons residents are concerned about the impact of both of these proposed projects, not only in connection with the residential usage of the site on Golden Peak, but also as to the likely increase in vehicular traffic and congestion near Golden Peak, particularly on weekends during the winter ski season. When the Golden Peak Ski Base was redeveloped, the rezoning and redevelopment plans proceeded simultaneously. We feel strongly that this should be the case with these proposed developments, thereby allowing affected neighborhoods to better understand the possible impact on safety and traffic along Vail Valley Drive. While we all welcome improvements to the Town of Vail, the safety of pedestrians should be of paramount concern. While crosswalks for skiers apparently exist, there are no signs requiring vehicles to stop for pedestrians and most cars do not stop or cannot see the crosswalks on the pavement when they are covered by snow.. A building design for SSCV should be required prior to any rezoning application, as well as a proposal for traffic and congestion mitigation along Vail Valley Drive and the Skier Drop Off area. We are confident that with the input of affected neighborhoods, improvements to the Town of Vail will proceed in a thoughtful manner, mindful of the needs of pedestrians, skiers, and vehicles alike. All Seasons Condominium Association, Inc. Lin Grubbs, President J r y 2/ 8 -3 -42 Barbara Bruecker, Board President Vail Trails East Condominium Association bbruecker(aaol.com 303 - 324 -5223 January 25 2012 Town of Vail RE: Plan to redevelop the Ski and Snowboard Club and add the new Gondola, Dear Town of Vail, On behalf of the Board of the Vail Trails East Homeowners Association, I wish to express our concern for the redevelopment of the Ski and Snowboard Club. Specifically, the Vail Trails East Board is very concerned about the increase in the traffic in the area that this could bring. In addition, the traffic flow itself is of concern to the owners of the Vail Trails East Association. We ask that the Town engage in an impact study and rezoning meeting and include the neighboring condominium associations and if approved to carry out this project is a manner that minimizes the impact on the residence owners at Vail Trails East and other neighboring homeowners. Very truly yours, Barbara Bruecker Board President, Vail Trails East Homeowners Association 2i7/2012 8 -3 -43 ma.n ®r Vail 595 East Vail Valley Drive Vail, Colorado 81657 970.476.5000 800.950.VAIL (8245) 970.476.5683 manorvail.com LODGE January 26, 2012 George Ruther TOV Community Development Department 75 South Frontage Road Vail, CO 81657 Dear George, Manor Vail Condominium Association understands that the Ski and Snow Club Vail (SSCV) have submitted an application for rezoning from Ski Base Recreation to Ski Base Recreation II. We further understand that this is the precursor to a proposed redevelopment. Without knowing the specifics of the redevelopment, Manor Vail Condominium Association Board of Managers wants to go on record as expressing some potential concerns. Currently, traffic is often an issue around Manor Vail; a lot of it a result of drop -offs and pick -up's at Ski Club Vail. This is not only a significant pedestrian safety concern, but it impedes traffic into and out of the property. Therefore, there are concerns about impacts to traffic. We understand that the proposal calls for significantly increasing the size of the building. Increasing the mass and the height are of significant concern, as are the aesthetics. Additionally, there's concern about the impacts of increased pedestrian traffic, noise, lighting, and general building appearance. The current situation is often an eye -sore with trash and other debris scattered around the building. What will be done to improve this? Manor Vail enjoys a good business relationship with SSCV. The lack of information on the potential redevelopment is troubling. Thank you, I leary ral Manager MV Board of Ma agers th A distinctive experience kdhifii la by Destination Hotels & Resorts desthA4 i%gbotels.com Vail Homeowners Association Correspondence: RE - Ski Club Vail and Vail Village Gondola Issues TOV /PEC Hearing 01/30/2012 - - - -- Original Message---- - From: Morton, Bill (NYC -JMW) [mailto:Bill_Morton @jackmorton.com] Sent: Monday, January 23, 2012 10:45 AM To: Dwight Henninger Cc: Stan Zemler Subject: RE: Enforcement Dwight, Many thanks for your note, and apologies for my delay in responding. My wife and I have been traveling internationally since January 4 and just returned. I and all of my neighbors on Hanson Ranch Road, the row houses, etc., appreciate all of your efforts to address and hopefully resolve these traffic issues. Certainly we're all aware of the issues during the "busiest" times, and more are ahead with Presidents' weekend and Spring break. I believe the problems will continue until summonses are issued on a regular basis. There needs to be signage and perhaps even barriers preventing these vehicles from Hanson Ranch Road during these periods. Again, my thanks for your note and consideration in continuing to address and support the situation. ... and a Happy New Year to you. Bill William Morton / Jack Morton Worldwide / + 1.212.401.7330 / mob: +1.917.864.2372 / http: / /www.jackmorton.com / blog at http://blog.jackmorton.com Follow us on: Twitter / Facebook / LinkedIn / YouTube / Flickr From: Dwight Henninger [mailto:DHenningerkvailgov.coml Sent: Friday, January 06, 2012 2:28 PM To: Morton, Bill (NYC -JMW) Cc: Stan Zemler Subject: Enforcement Bill Stan forwarded me you email, I'm the Police Chief here in Vail. 2i7/2012 8 -3 -45 I am aware of the problems on Hanson Ranch Road and I spent a half day out there last week working to keep the Shuttle vehicles and skier drop -off private vehicles from blocking the roadway. I have talked with the Shuttle service managers and hope the situation will improve in the coming weeks and months. Clearly last week is our busiest of the year and we had numerous issues all over town with parking and traffic. This made it impossible to have an officer, or CEO at every problem spot, but we are aware of the problems on Hanson Ranch road and will continue to do our best to enforce the rules in that area, while trying to balance the guest service component. Thanks for bring the concerns to us. Happy New Year! Dwight From: Morton, Bill (NYC -JMW) fmailto:Bill_Morton(c jackmorton.coml Sent: Tuesday, January 03, 2012 12:06 PM To: Stan Zemler Cc: Andy Daly Subject: ENFORCEMENT Good morning, Stan. It was good to see you again at the Vail Village Homeowners Association Annual Meeting the other day. From my 21 years of being a Board member (now Emeritus,) I felt that this was truly one of the best. Kay and I have had a wonderful two weeks in Vail, and as I'm about to leave (yet returning again in February and March,) I thought I'd drop you a quick note around the subject of enforcement. The issue is the skier drop off and pick up on Hanson Ranch Road just past the Christiania. In short, between 8:30am and 10:30am and 2:30pm and 4pm every day, the traffic sometimes backs up beyond the Christiania. When this happens even the open lane gets blocked, and traffic doesn't move. It's obvious that the various hotels and "clubs" use that as their primary drop off and pick up. Is there some way to control that or find another location? While there has been a significant improvement in the trucks not using Hanson Ranch Road or unloading in the Village, it's too bad that there's not more enforcement of these trucks using the underground pickup and delivery. A stricter enforcement of this would enhance the functioning and ambiance of the Village. 2i7/2012 8 -3 -46 In any case, I drop you this note with continued appreciation for all that you and the Village leadership continue to provide to this very special community. Thanks, Bill William Morton / Jack Morton Worldwide / + 1.212.401.7330 / mob: +1.917.864.2372 / http: / /www.jackmorton.com / blo at t http: / /blogjackmorton.com Follow us on: Twitter / Facebook / LinkedIn / YouTube / Flickr Dwight Henninger Chief of Police Vail Police Department 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger a,vailgov.com vailgov.com twitter. com/vailgov 2/7/2012 8 -3 -47 ACHMENT 14 1 C L IED GOLDEN PEAK OPERATIONAL MANAGEMENT PLAN I. INTRODUCTION Vail Associates, Inc. ( "VA ") has filed an application to amend the Approved Development Plan for the Golden Peak Base Facility. The amendments include revisions to vehicular parking on the site, the design and function of both public skier and Children's Center drop off, as well as alterations to employee parking, lift capacity, and ski base operations In the course of the submittal, VA has made certain representations regarding the physical site plan and the operations of the portal. The Town of Vail Department of Community Development has requested elaboration. This plan expands upon and supplements the application and, to the extent it is inconsistent with the application, supplants it. This Golden Peak Management Plan is intended to enhance the experiences of guests to Vail and of the residents of the Golden Peak neighborhood in a manner consistent with the goals and objectives of the agreement between the Town of Vail ( "TOV ") and' Vail Associates to manage peak periods in this resort community. In effect, the measures proposed in this plan are means of managing or controlling the demands upon the Golden Peak portal and the impacts upon its surrounding infrastructure. The concepts and principles of the Program To Manage Peak Periods Agreement (the "Agreement ") between TOV and VA are therefore incorporated by reference into this management plan. 2/7/2012 8 -3 -48 2 A reality that must be recognized in examining the creation of infrastructure and operational systems for Golden Peak or Vail at large is that both the ski company and the greater Vail community are engaged in the winter and summer resort business. For reasons beyond the complete control of the community the demands for and use of resort goods and services will always be subject to specific or isolated events such as the Christmas holiday or a world class competitive or cultural event. Events such as these will by necessity mean that Vail will experience surges or peaks of visitor use that may be mitigated, but will not be entirely overcome or eliminated by investment in hard assets. To the extent that such high demand events tax the capacity of our systems and our collective patience, we must also acknowledge that these events, if well managed, are also what give us life, vitality, excitement and special appeal. It is the effort to "manage well" that leads to the creation of this plan. In its application VA has proposed significant physical improvements to the Golden Peak portal. These include: - doubling the skier drop off zone capacities; - improving drop off flow and function; - giving locational primacy to public transit; - structuring and landscaping private auto parking; - improving lift access to balance portal use across the Village; and - improving base lodge facilities for the guest and local alike. 2/7/2012 8 -3 -49 A reality that must be recognized in examining the creation of infrastructure and operational systems for Golden Peak or Vail at large is that both the ski company and the greater Vail community are engaged in the winter and summer resort business. For reasons beyond the complete control of the community the demands for and use of resort goods and services will always be subject to specific or isolated events such as the Christmas holiday or a world class competitive or cultural event. Events such as these will by necessity mean that Vail will experience surges or peaks of visitor use that may be mitigated, but will not be entirely overcome or eliminated by investment in hard assets. To the extent that such high demand events tax the capacity of our systems and our collective patience, we must also acknowledge that these events, if well managed, are also what give us life, vitality, excitement and special appeal. It is the effort to "manage well" that leads to the creation of this plan. In its application VA has proposed significant physical improvements to the Golden Peak portal. These include: - doubling the skier drop off zone capacities; - improving drop off flow and function; - giving locational primacy to public transit; - structuring and landscaping private auto parking; - improving lift access to balance portal use across the Village; and - improving base lodge facilities for the guest and local alike. 2/7/2012 8 -3 -49 3 This major investment in hard assets satisfies to the highest degree possible the programmatic requirements of the Golden Peak project's planning professionals. The proposed management techniques which follow are meant to be flexible guidelines and dynamic tools which may be altered, revised, enhanced, or even eliminated over time as needs require to "manage well ". And, while these techniques are described in terms of VA or TOV responsibilities, it must be noted that others, the greater Vail community and each and every Golden Peak neighbor, must likewise contribute, act responsibly and treat others equitably in managing or mitigating the impacts of use, growth and congestion during peak periods within our community. For their parts, pursuant to the Agreement, both VA and TOV have immediate responsibilities to undertake growth management measures. Section III (pages 11 -16) of the Agreement outlines these immediate responsibilities under Tier I of the Plan. VA's obligations include measures which might mitigate impacts at Golden Peak such as providing bus passes to appropriate employees for use on the Town of Vail system, encouraging carpooling, and pursuing Park and Ride sites for employees. TOV's obligations, set forth in the Agreement, include controlling peak traffic and parking issues, productive management of traffic circulation and parking systems, creative allocation of the bus service, effective utilization of law enforcement personnel, and better distribution of skiers to different base area facilities. 2/7/2012 8 -3 -50 4 For these purposes it is pertinent to note that in the Agreement "Peak Periods" are defined as: Christmas Peak: That period which extends between December 26 and December 31; and High Season: That period which includes Presidents' Weekend and each weekend beginning the third weekend in February through the end of March. "Nonpeak Periods" are defined as: Those periods falling outside of the Christmas Peak and High Season and which normally include the early ski season, Thanksgiving, the pre - Christmas Period, the January to mid - February period, and the late ski season. Another pertinent concept in the Managed Growth Agreement is the benchmark capacity of the mountain which has been defined as 19,900 skiers at one time ( "SAOT "). The theory behind the Managed Growth Agreement is to implement tiers of management techniques to control infrastructure demands and operations at or below the 19,900 SAOT threshold. An additional factor for consideration is the design day standard for Golden Peak planning studies and infrastructure assessment which is 15,000 SAOT, a typical skier day count for the 2/7/2012 8 -3 -51 E current Christmas Peak. The physical infrastructure of Golden Peak is designed to accommodate the portal demands of a 15,000 SAOT event. The Assessment Committee, described in S entity charged with monito is the evaluating, and refining the operations of th community management lan. For the purposes of this Agreement, the Assessment Committee is likewise with t his responsibility, but it is underst that for loses the Asses sment Committee ma its review Vail Transportation Task Force or other designee and shall include representatives of the affected Golden Peak neighborhood in the review process. The project components or elements which might be considered for tiered management techniques at Golden Peak include the following: (a) Managed Parking Structure; (b) Public Skier and Children's Center Drop -off Areas; (c) Employee Parking; (d) Mountain Operations; (e) Local and Community Programs, such as DEVO; (fl Ski Club Vail Activities; (g) Adult and Children's Ski School; (h) Loading, Delivery and Trash Removal; (i) Snow Management; 0) Ticketing; and (k) these Special Events. II. MANAGED PARKING STRUCTURE The Approved Development Plan of 1984 depicted 130 surface parking spaces, primarily located on the north side of Tract F along Vail Valley Drive for all varieties of users of this particular portal and 6 interior parking spaces for the residential condominiums. The Children's Center plan of 1988 required 12 spaces. 2/7/2012 4 8 -3 -52 6 Taken together these total 148 spaces for drop off and parking. Presently the surface lot existing at Golden Peak holds approximately 150 automobiles or less depending on the a of snow storage on the lot and the efficiencies of car storage: Of these 150 spaces roughly 18 -20 are used by employees; p raddle Creek Property reserve and utilize 8 spaces; 4 spaces are used for Cross Country a:nd dro off;_ and approximately 118 spaces are available for use Ski Van pic�i =up P by the skiing - public fora fee.. ' requirements _for ,the - Ski Base/Recreation District are i in Section 18.39.2230 o#'the.uail.Ordinances which reads: "Off- street parking shall be provided in accordance with "Chaptier 18.52 and /or as specified on the Approved Development Plan. "(emphasis supplied) The language of this section permits and contemplates a parking function and design unique to this district and its development plan. In response to this unique environment the parking structure proposed in this plan consists of 148 parking spaces (including 5 handicapped or ADA spaces) located at or below the street elevation and landscaped across the top to provide an aesthetic benefit to the development and the surrounding neighborhood.. The fundamental concept of the organization and management of these parking spaces, the equivalent of a Tier I management technique, is to create a managed or reserved "right to park" mechanism designed to control the availability and use of the spaces and hence cut down on indiscriminate traffic flows while providing for and paying for the aesthetic 2/7/2012 8 -3 -53 7 benefits of the landscaped structure. The mechanism formulated to provide this managed parking product to the public is a non - equity club or association of up to 500 members who would have the right to park in this structure for a fee. Two tiers of membership in the association are contemplated. The first tier would consist of up to 50 members who would have a right to park in an identified reserved parking space. The second tier of members would be up to 450 people who have a right to park in the structure based upon a monitored and computer controlled reservations system. It is the intent of the applicant to initially offer 50 first tier and 200 second tier memberships to the public. Parking memberships would be sold in the fall of 1995 contingent upon final approval of the Golden Peak Base Facility Project by the Town of Vail and sufficient subscriptions to commence construction of the parking structure in the spring of 1996, but no later than spring of 1997. In the event that the necessary subscriptions are not forthcoming to commence construction in 1997, VAI will initiate discussions with the Town Council concerning payment in lieu of parking alternatives. The first tier member would secure a right to use a particular parking space on a y ear-round basis. Hence, the ratio of first tier members to parking spaces reserved for their use would be 1 to 1. The second tier members would have a year- round right to use a parking space based upon availability and prior reservation, monitored by a computerized rotation system to insure equitable and optimized use. The initial offering of second tier memberships would constitute a ratio of zrriz0lz 8 -3 -54 8 approximately 2 members to every parking space. These members would call the parking arkin manager more than 24 -hours in advance to reserve their use of available spaces. A reservation list from among the members would be compiled daily for the management of entry access by personnel stationed in the attendant booth at the entry to the structure. Access into the structure would be permitted upon presentation of a photo I.D. identifying the bearer as a member and a confirmation of a reserved parking space on the parking availability list. In the event that all parking spaces are not fully reserved and utilized by the club members, VA, as operator of the facility, reserves the right at any time of the year to utilize unreserved spaces for other guests, members of the skiing public, employees or other persons who likewise must call and reserve a space less than 24- hours in advance. This short- notice use by non - members would be permitted only on a daily basis by reservation. However, this managed operational feature would expand the available user groups and increase the utilization of the structure in non- peak periods without adding appreciable, unwanted traffic. Further, if the utility of the structure can be maximized by offering additional memberships for sale, VA will do so after the first year of operation establishes typical occupancies. III. SKIER DROP OFF Skier drop off occurs presently on the east side of the existing Golden Peak structure and immediately to the north of the Children's Center. Existing conditions provide for 21 head -in spaces adjacent to the Children's Center and 10 2/7/2012 8 -3 -55 9 parallel, or active parking spaces, in a loop drop -off area for the general public, totaling 31 spaces currently dedicated to all drop -off functions. The proposed plan nearly doubles this capacity by providing for 30 head -in spaces dedicated to Children's Center drop off and 29 spaces for general skier drop off north of the proposed building, totaling 59 spaces for skier drop off at this portal. (A.) Ti= Management measures to be undertaken in a sequential fashion concurrently with redevelopment include: 1. During the Christmas Peak period and Presidents' Weekend VA will staff the General Skier and Children's Center drop off zones with 4 to 6 people, split between the drop off zones as traffic needs demand, during peak arrival and departure hours or approximately from 8:30 to 10 a.m. and 3 p. to 4:30 p.m. These traffic managers will direct traffic, assist and expedite the loading and unloading of passengers and equipment, encourage the timely and swift departure of vehicles, and enforce restrictions against unauthorized parking by calling for the removal or towing of offending vehicles. 2. During the High Season period VA will staff the General Skier and Children's drop off zones with 2 to 4 people, split between the zones as traffic needs demand during peak arrival and departure hours. 3. During non -peak periods and during evening or night hours the drop off zones would be staffed or managed upon the operational discretion of VA as 2/7/2012 8 -3 -56 10 may b e needed to prevent congestion or vehicle stacking into Vail Valley these periods and times, except for special Drive or the bus lane. During events, VA will permit parking by the general public in the drop -off zone surface spaces consistent with the practice and use of other VA parking lots such as North Day lot. 4. Permanent, static, �signage at the top of Blue Cow Chute will be installed by TOV indicating that there is no public parking at Golden Peak and that only Children's Center and skier drop off is permitted. 5. In Section V (page 25) of the Agreement additional skier drop off zones have been identified as "pressing current transportation and circulation needs ". VA will therefore cooperate with the TOV in identifying additional skier drop off zones elsewhere in the town including Ford Park, the Main Parking Structure, Lionshead, and other locations which will be formalized and improved by the Town of Vail. Initially TOV will develop and implement a plan for general skier drop on the upper deck of the Transportation Center utilizing existing physical improvements and facilities. 6. Upon the conclusion of each Peak Period and ski season the Assessment Committee or its designee, will specifically assess access to and egress from the mountain at Golden Peak, together with traffic and drop off impacts associated with the skier movements and will make recommendations for 2/7/2012 8 -3 -57 11 adjustments or improvements to the Tier I management techniques described above. (B.) Tier H . In the event that some or all of the Tier I management techniques above have been implemented and traffic congestion in the drop off zones still results in vehicle stacking into the street or bus lanes to a degree detrimental to the ordinary operation of the infrastructure, then the following successive management efforts will be undertaken in the neat succeeding ski season: 1. VA and /or TOV will implement additional Tier I techniques which have not yet been employed or will enhance those Tier I techniques already in use according to the recommendations of the Assessment Committee. � 2. TOV pursuant to its general obligations in the Agreement to implement pro- active management efforts in coordination with VA to control traffic, will increase utilization of law enforcement personnel during peak periods in the management of traffic at Golden Peak (Section M. A. 2. a., page 13). 3. Based upon the impacts of traffic congestion and as transportation needs demand, TOV will implement an electronic signage program which would display messages on the town arterials regarding traffic conditions within the town parking garages, drop off zone traffic status conditions and lift maze conditions at the base portals. 2/7/2012 8 -3 -58 12 IV: EMPLOYEE PARKING Presently 18 to 20 VA employees park at Golden Peak of the approximately 500 employees who are based there in Peak Periods. Another 25 to 30 spaces are seasonally easonall leased by VA from third parties for employee parking. The remaining 90% of Golden Peak based employees park in public lots, use public transit, or use other private parking spots. (A.) Tier I . The following management techniques will be implemented sequentially upon redevelopment to mitigate employee transportation impacts and serve the needs of the community's employees: 1. VA, together with TOV, will enter into negotiations with the Colorado Department of Transportation to secure, if possible, an employee park and ride intercept lot on Highway 6 in Eagle -Vail. This lot would be used for VA and TOV employees to park their vehicles in Eagle -Vail and utilize established public transportation routes to continue on to their job locations in Vail. In the event the CDOT site is not available or unsuitable, other sites will be located and secured for a park and ride lot. 2. To the extent space availability exists during non -peak periods, V. A. will permit managed employee parking by reservation in the parking structure at Golden Peak. 2/7/2012 8 -3 -59 13 3. During Peak Periods VA employees will carpool to the soccer field lot pursuant to the Holiday Traffic and Parking Plan as managed and operated by TOV or alternatively as managed by VA. 4. During the Christmas peak period and, in fact, extending beyond it from December 24 until January 1 in any given year, VA will implement its Holiday Traffic and Parking Plan. During this period VA will provide free bus tickets for the Avon/Beaver Creek bus system to all Golden Peak based staff. Parking in VA lots such as West Day Lot and North Day Lot, will be available for free to employees who carpool. Employees not carpooling will be charged a fee. 5. VA will add the Holy Cross Lot to its parking inventory for peak - period employee carpooling. 6. As necessary, VA will assign employees carpooling locations in particular lots among the West Day, North Day and Holy Cross properties and manage entry access into these properties. 7. VA will lease 20 parking spaces from a third party or, alternatively, purchase 20 "blue" parking passes from the TOV for parking in the town structures. 8. Upon the conclusion of each Peak Period and the ski season, the Assessment Committee or its designee will monitor the Tier I techniques 2/7/2012 8 -3 -(0 14 described above, assess the operational results, and make recommendations for alterations or enhancements to the plan. (B.) Tier H . In the event that some or all of the Tier I management techniques have been implemented and employee parking and transit is still a concern, additional methods of employee transit and parking will be undertaken at the recommendation of the Assessment Committee or its designee. V. MOUNTAIN OPERATIONS (A.) Tier I. Management measures to be undertaken during peak periods in a sequential fashion concurrently with redevelopment include: 1. VA will extend its periods of mountain operations later into the day (e.g. until 4:00 p.m.) to spread out the departure times of skiers from the mountain. 2. Employee passes will be restricted during the Christmas Peak and Presidents' weekend. 3. Improvements to the food and beverage offering at the base facility restaurant, including apres ski and dinner offerings, will be designed to attract the skiing public and stagger the public's departure from the portal . 4. VA will cooperate and coordinate with TOV and the Colorado Department of Transportation regarding the installation of signage at base facilities, including Golden Peak, advising departing skiers of road conditions 2/7/2012 8 -3 -61 • 15 and, if conditions are adverse, inviting or advising departing skiers to stay later in the village and draw out their departure times. 5. Upon the conclusion of each Peak Period and the ski season the Assessment Committee or its designee will assess mountain operation impacts and make recommendations for adjustments or improvements to the Tier I management techniques described above. (B,) Tier H . In the event that some or all of the Tier I management techniques have been implemented and congestion still exists in the portal during peak periods, then the following successive management efforts will be undertaken in the next succeeding ski season or Peak Period: 1. VA and /or TOV will implement additional Tier I measures which have not Y et been employed or will enhance those Tier I techniques already in use according to the recommendations of the Assessment Committee or its designee. 2. VA will continue to take operational measures to balance the functionality and use of its portals, as well as on- mountain circulation. V1, DEVO/LOCAL AND COMMUNITY PROGRAMS "DEVO" is an abbreviation for the Vail Development Team, a Children's Ski School Program consisting of 300 children which offers specialized ski school classes to the children of locals and front range skiers. The high concentration of locals 2/7/2012 8 -3 -62 16 participating in the program results in an inordinately high drop oft' impact on non- peak Saturdays which mimics peak conditions throughout the season. ,A, Tier I - Measures to be sequentially undertaken concurrently with redevelopment include: 1. The DEVO program does not run during the Christmas Peak or over Presidents' Weekend. The program will continue to be limited in this fashion. 2. Arrivals for the DEVO program will be staggered in advance of the typical ski school or mountain opening times. DEVO arrival will be scheduled for 8:30 a.m., one -half hour prior to lift opening. Pick up will likewise be scheduled earlier than regular mountain closure. 3. Drop oft' for DEVO will be formalized and managed by DEVO instructors in the Golden Peak skier drop off zones to prevent stacking into the streets. 4. VA will investigate splitting the DEVO program further and basing some portion of the program in Lionshead or staging it at other drop off zones. For example, moving the Freestyle Program, approximately 15% of the DEVO skiers, to another drop off zone such as the TOV structure will be explored and implemented if alternate drop offs are created. Staging DEVO out of the Lionshead Teen Center will also be explored with TOV, including the creation of short -term, 30 minute, drop -oft' and pick -up parking spaces in the Lionshead Parking Structure. 2/7/2012 8 -3 -63 17 5. DEVO race events will be moved in whole or in part to other local courses. 6. Upon the conclusion of each ski season the Assessment Committee or its designee will assess the impacts caused by the DEVO program and make recommendations for adjustment or improvement to the Tier I techniques described above. (B.) Tier II . In the event that some or all of the Tier I techniques have been implemented and DEVO still adversely impacts portal congestion then the following successive management efforts will be undertaken in the neat ski season or Peak Period: 1. DEVO will be relocated in part or in whole to other portals, including down - valley portals accessing Beaver Creek Mountain. 2. DEVO and other such local programs will be terminated. VII. SKI CLUB VAIL Ski Club Vail is a private, non - profit ski club which is not owned, operated, or managed by VA. VA, however, provides on- mountain access for training and racing events for Ski Club Vail. Ski Club Vail training accounts for approximately 60,000 gate starts per year and Ski Club Vail racing activities account for an additional 15,000 gate starts per year. Generally racing activity, including Ski Club Vail, runs from 8:30 a.m. until 4:30 p.m. and frequently occurs seven days per week during the ski season. 2/7/2012 8 -3 -(4 18 ' (A.) Tier I . Management measures to be taken concurrently with redevelopment include: 1. Ski Club Vail programs will be coordinated with other special events, as was done during the 1994/1995 season, to prevent overcrowding of groups in the portal at any one time. 2. Start times for Ski Club Vail during peak periods and high season will be coordinated so that Ski Club Vail arrival times will occur before the 9 a.m. peak hour rush and will be terminated later in the afternoon to spread the departure from the ski mountain. 3. VA will allow and encourage Ski Club Vail users to arrive and depart using the General Skier Drop -off Zone. 4. Upon the conclusion of the ski season, the Assessment Committee or its designee will monitor the Tier I techniques described above, assess the impact of Ski Club Vail on the use and efficiencies of the portal and make recommendations for alterations or enhancements to the plan. (B.) Tier H . In the event that some or all of the Tier I measures have been implemented and Ski Club Vail still poses logistical problems for the optimized use of the portal, the recommendations of the Assessment Committee or its designee will be implemented. 1. Ski Club Vail will be terminated in whole or in part in its use of the Golden Peak race courses and base facility. 2/7/20 12 8 -3 -65 19 VIII. ADULT AND CHILDREN'S SKI SCHOOLS The Golden Peak portal is somewhat unique in that it supports a full children's ski school, including nursery, as well as the adult ski school. Approximately 37,000 ski school students per season, or an average 264 per day, are serviced at this portal.. The size and scope of ski school activities in the portal are naturally constrained by the size of the base area facilities. The Children'.s Ski School in particular is functionally limited by the building size and the ski yard available for introductory children's classes. (A.) Tier I . Management measures to be undertaken in a sequential fashion concurrently with redevelopment include: j 1. Ski school classes will be coordinated with morning arrivals of other special user groups so that ski school classes will sequentially follow the arrival times of other groups and activities and spread out portal arrivals. 2. VA will emphasize a "one stop shop" of lessons and equipment, including overnight storage, which will reduce the need for arrival by private automobile as well as reduce dwell times of automobiles which do arrive for drop off. 3. VA will promote in its marketing materials the convenience of public transit which services the area. 4. VA will explore the implementation of telephone or electronic preregistration in ski school, including the Children's Ski School, in an effort 2/7/2012 8 -3 -66 20 to cut down the dwell times of automobiles dropping skiers off for ski school registration. 5. Upon the conclusion of each Peak Period and the ski season, the Assessment Committee or its designee will assess congestion in the portal related to ski school activities and make recommendations for adjustments or improvements to the Tier I management techniques discussed above. (B.) Tier II . In the event that some or all of the Tier I management techniques have been implemented and congestion associated with the ski schools still results in crowding in the portal then the following additional management steps will be sequentially implemented: 1. The recommendations for improvements or adjustments made by the Assessment Committee or its designee will be instituted in the following season or Peak Period. 2. VA will make improvements to its Lionshead Ski School facilities upon the redevelopment of that portal taking pressure off of the Golden Peak portal. IX. LOADING, DELIVERY AND TRASH REMOVAL The Golden Peak Base Facility requires the delivery of food and liquor for its restaurant operations and trash and recycling pick -up for all functions located at Golden Peak. Currently, food and liquor delivery takes place daily between 6:00 a.m. and 7:00 a.m. and again between 5:00 p.m. and 6:00 p.m. The majority of 2/7/2012 8 -3 -(7 21 food and liquor deliveries are first sorted out at the Gondola Building in Lionshead, then delivered to Golden Peak by VA employees. Currently, there is no formal loading dock at Golden Peak which results in the need for two (2) daily food and liquor delivery trips. In addition, there is a trash compactor at Golden Peak currently which results in the need for daily trash collection at 7:00 a.m.. Recycling pick -up is done by VA and occurs as needed concurrently with food and liquor drop -off. It is estimated that current delivery times will remain the same to avoid interference with skier traffic, though the addition of a formal loading area and storage may reduce the number of daily delivery trips by VA from two (2) to one (1). The addition of a trash compactor at Golden Peak should reduce the frequency of daily trips required for trash pick -up. (A.) Tier I . Measures to be undertaken concurrently with redevelopment include: 1. Delivery times will be managed so that no delivery or trash pick -up will occur during the hours of 8:30 a.m. to 10:30 a.m. and 3:00 p.m. to 5:00 p.m. 2. The Assessment Committee will review and assess truck deliveries and service at the conclusion of each ski season and make recommendations for alterations or improvements as necessary. (B.) Tier H . In the event that some or all of the above measures have been implemented and if loading, delivery and /or trash removal results in 2/7/2012 8 -3 -(8 22 , operational inefficiencies in the portal then the following management techniques will be implemented in the neat succeeding ski season: 1. The recommendations of the Assessment Committee will be implemented. 2. VA will endeavor to deliver larger loads directly to Golden Peak and store additional food and beverage on site thus reducing the number of trips or will arrange night delivery to avoid traffic congestion. X. SNOW MANAGEMENT Snow management at Golden Peak will be conducted in a manner similar to that in other VA portals. Snow storage zones have been depicted upon the revised snow storage map prepared and submitted with the Application. (A.) Tier I . The following management efforts will be undertaken with respect to snow storage and management during the ski season, including peak and high season periods. 1. VA will by contract with third parties or through its own forces plow all areas of vehicular circulation as depicted on the Snow Management Plan by 6 a.m. every morning upon a snowfall of 4 or more inches. 2. VA, through its own forces, will remove snow from sidewalks and plaza areas depicted upon the Snow Management Plan by means of a bobcat, an ATV and /or by hand between the hours of 7 and 8:30 on all mornings following a snowfall of 4 inches or more. 2/7/2012 8 -3 -69 23 3. VA will store snow in temporary snow storage areas within the drop off zones and within two to seven days of a 4" snowfall will use loaders and trucks to remove the snow stored there and transport it from the site. Impacts on traffic congestion will determine the speed and frequency of removal of snow from the temporary snow storage areas. VA will remove snow immediately if snow storage results in congestion in the drop -off zones causing auto stacking into the street. 4. At the end of each Peak Period and the ski season the Assessment Committee or its designee will review snow removal performance during the season and, as necessary, make recommendations for adjustments or improvements to the Tier I techniques described above. (B.) Tier H . In the event that some or all of the Tier I techniques designed to manage snow have not effectively cleared the snow from the drop off zones or other public areas and /or have impacted circulation on the public streets, then VA will implement recommendations made by the Assessment Committee or its designee. XI. SPECIAL EVENTS AND SKI RACING Golden Peak is the site of many ski races and special events during the course of a ski season. Typically the racing season begins in mid- December and runs through early April. Training for ski racing can be broken down as follows: Ski Club Vail generates 60,000 gate starts per year; high school programs add 7,500 2/7/2012 8 -3 -70 24 . gate starts per year; and corporate /club training events add 7,500 more starts per year. Actual racing starts for these three user groups are approximately 15,000 gate starts per year for Ski Club Vail, with an additional 2,000 starts per year for local high school programs, and 10,000 starts per year for corporate and club racing. These total roughly 102,000 gate starts per year and average 4.5 ski racing events per week. Daily activity for ski racing typically commences at 8:30 a.m. and continues until 4:30 p.m. Of these race events two or three major televised events occur each year, not all of which are headquartered out of the Golden Peak course. These include the Pro Tour, FIS World Cup and North American Trophy Series races. In 1999 the World Championships will be held at Vail and opening ceremonies are scheduled for Golden Peak. Race starts and demand for training space have been growing steadily for the past decade. Special Events.which occur at Golden Peak, in addition to the routine racing programs, include various snowboarding events which draw typically 100 to 250 people, the U.S. Pro Tour.which draws about 500 people, and Hot Winter Nights events which draw 500 to 1000 people typically in February and March and up to 3000 people during the Christmas holiday. (A.) Tier I . Management techniques already utilized and in place at Golden Peak or which will be implement with redevelopment include: 2/7/2012 8 -3 -71 - • 1.0 25 1. Snowboarding events typically held in non -peak periods are usually small with minimal impact on portal arrivals or use. Arrivals and staging of event participants will be managed with VA personnel on an "as needed" basis. 2. Hot Winter Nights events are held during off hours and do not interfere with other portal arrivals or demands on infrastructure. These will be managed with VA personnel on an "as needed" basis. 3. Major events, such as televised FIS racing events, the World Championships, major bicycle race events, and summer fireworks will be managed through the standard special event permitting process of the TOV. 4. At the end of each Peak Period and ski season the Assessment Committee or its designee will review and make recommendations concerning Special Events and racing activities at Golden Peak and their impacts on the portal and congestion in the surrounding infrastructure. (B.) Tier U . In the event some or all of the Tier I techniques have been implemented and congestion has still resulted at the portal which adversely effects traffic or surrounding town infrastructure then VA will implement the recommendations of the Assessment Committee or its designee in the following ski season or Peak Period. In addition the following successive management techniques will be implemented: 1. Special events will be moved in part from this portal to down valley locations. 2/7/2012 8 -3 -72 Ordinance No. 1, Series of 2012 Ski and Snowboard Club Vail Rezoning Request Vail Town Council Hearing s t* Comm y Development Department February 7, 2012 8 -4 -1 rowN of VAIL Vail Village Filing 7 Part of Tract B (598 Vail Valley Drive - Ski Clux L F ree 150 300 �kd by the Tau- Oft GISTeem. Utt If rh{s m *9 tGe tryen WK-6y. Tf Tm mWl etesrut rwrenr hrc m:aerxv ortheiMameelan ca dtl herein. (Wre�e ahvxn, psml Gna Work is ypmximety) Last Modifiod January 16, 2012 TE N 6F VA Why rezone? • SSCV was rezoned SBR District because the proposed redevelopment encroached onto Golden Peak • Ski Base Recreation District is specific to Golden Peak development plan • SSCV is not part of Golden Peak development plan area • Other processes (SDD, text amendment) have drawbacks �a TOM OF VAI Comm�uni y Development Department February 7, 2012 8 -4 -3 3 1999 approved site plan Per the approved development plan 60% max 35 feet 40% max 40 feet 1 DU/ 8 acres 30% of gross floor area in lodge Per the approved development plan Per the approved development plan, all disturbed areas without structure, parking or patios must be landscaped Per parking and management plan PEC review of development plan 0 2/7/2012 TOWN OF VAIL 8 -4 -4 10,000 square feet of buildable area Per the approved development plan 43 feet and per the Vail Village Master Plan 8 DU/ acre (2 DU on subject property) Per the approved development plan Per the approved development plan Per the approved development plan; 95% of required parking shall be within the building In accordance with Chapter 12 -10 PEC review of development plan il Minimum Lot Size 40 acres with 1 acre buildable area Vail Village Master Plan L, t ► '�.f�Ris �rt k s f 5 � l y dpw EAST GO RE CREEK r� - - r _ 40 s p - i GO LDEN PEAK �° a t� -YIl TOWS' OF VAI Comm�uni y Development Department February 7, 2012 8 -4 -5 5 Vail Village Master Plan GOLDEN PEAK SKI BASE SUB -AREA ( #10) The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number of the Town's recreation programs during the summer... The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub Areas 6 and 7. TOWN OF VAIL Comm�uni y Development Department February 7, 2012 8 -4 -6 Ski Base Recreation 2 District Purpose • Provide sites for facilities for the operation of a ski mountain • A variety of other.. uses and activities, including.. residential, public and semipublic uses.. associated with a vibrant resort community • Subject to approval of a comprehensive development plan • Development within this district shall be evaluated based upon its ability to meet the specific purposes of this title • Provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner TOWN OF VAIL Comm y Development Department February 7, 2012 8 -4 -7 PEC Recommendation • On January 30, 2012, the PEC recommended approval of the rezoning application to the Vail Town Council • Vote: 4 -2 -1 (Rediker, Pierce opposed; Cartin recused) JAA I TOWN OF VAIL 1 Comm�uni y Development Department February 7, 2012 8 -4 -8 Town Council Action • Does the Town Council want to approve, approve with modifications, or deny Ordinance No. 1, Series of 2012? N i TOM OF VAI S a At Y a a, Comm y Development Department February 7, 2012 8 -4 -9 ��I Ordinance No. 1, Series of 2012 Ski and Snowboard Club Vail Rezoning Request Vail Town Council Hearing s t* Comm y Development Department February 7, 2012 8 -4 -10 rowN of VAIL Lorelei Donaldson From: McCleary, Bob < bmccleary@destinationhotels.com > Sent: Monday, February 06, 2012 7:36 PM To: Council Dist List Subject: Ski and Snowboard Club Vail rezoning request The Manor Vail Condominium Association respects what SSCV does for local athletes, the exposure they bring to the town and very much appreciates the business opportunities the organization provides. That said, the association's Board of Managers have expressed some concerns about the anticipated redevelopment that drives the requested zoning change. The concerns include traffic impacts, building size, height and scale, site aesthetics and upkeep. Through management, they have requested information, at least at the conceptual level, that might help them better understand what is being considered. Apparently no conceptual design exists so the concerns persist. Traffic concerns include both volume and pedestrian safety. At times long waits are necessary to get to and from Manor Vail. Pedestrians, people getting dropped off /picked up from the various venues and vehicles all share the same space often in a state of chaos. A number of factors contribute and certainly not all SSCV. However, with no development plan there is no way to ascertain if their project will make the situation worse, or if there is an opportunity to improve the current condition. The proposed new zoning allows for a substantially larger building than currently exists. At the PEC hearing a question about the height of the existing building was asked. No one could answer it, but the proposed zoning would allow for a building 43 feet in height. That would seem to equate to approximately 4 stories, the current building is 2 stories. This is a substantial increase which could be detrimental to MVCA homeowners. Understanding there is a need for more space for the athletes and a desire for residential units leads to an assumption the building size will increase but to what extent? Again, with no development plan MVCA can only assume the worst. It would seem appropriate that a development plan be submitted to support a rezoning request before such a request be approved. This was required of Manor Vail when this association proposed its redevelopment and that allowed for a productive planning process and final product. Thank you for your consideration. Bob McCleary, CHA ( General Manager Manor Vail Lodge ( 595 East Vail Valley Drive I Vail, CO 81657 Office 970-343-61011 Fax 970 -476 -5683 1 Email: bmccleary @destinationhotels.com Visit www.manorvaii.com and stay connected with us on: mi6 Work on your New Year's Resolutions with winter specials from Manor Vail Lodge Join us for signature events such as Winter Teva Mountain Games & Street Beat Concert Series Don't forget to check out The Fitz Lounge for Apres specials, live music 5 nights a week and dinner in Lord Gore Restaurant for mouth watering views and fireside cuisine. Lorelei Donaldson From: B Bruecker < bbruecker @aol.com> Sent: Monday, February 06, 2012 3:48 PM To: Council Dist List Cc: Lamont Jim Subject: Ski and Snowboard Club redevelopment Dear Town Council, I am writing on behalf of Vail Trail EastCondominium Association and as a homeowner in the Golden Peak area. I find it very concerning that the Town of Vail would move forward without a development plan in place for the Ski and Snowboard Club redevelopment. I would request that you please wait on any approval for this redevelopment. The neighboring communities should be allowed input and the proper development plan should be in order. Best Regards, Barbara Bruecker President of Vail Trails East bbruecker @aol.com Sent from my Whone 1 Barbara Bruecker, Board President Vail Trails East Condominium Association bbruecker(oD,aol.com 303 - 324 -5223 January 25 2012 Town of Vail RE: Plan to redevelop the Ski and Snowboard Club and add the new Gondola, Dear Town of Vail, On behalf of the Board of the Vail Trails East Homeowners Association, I wish to express our concern for the redevelopment of the Ski and Snowboard Club. Specifically, the Vail Trails East Board is very concerned about the increase in the traffic in the area that this could bring. In addition, the traffic flow itself is of concern to the owners of the Vail Trails East Association. We ask that the Town engage in an impact study and rezoning meeting and include the neighboring condominium associations and if approved to carry out this project is a manner that minimizes the impact on the residence owners at Vail Trails East and other neighboring homeowners. Very truly yours, Barbara Bruecker Board President, Vail Trails East Homeowners Association Lorelei Donaldson From: Diane Milligan <diane @mountainmax.net> Sent: Sunday, February 05, 2012 9:56 AM To: Council Dist List Subject: Ski and Snowboard Club Vail We encourage the Town Council to delay any decision on the Ski and Snowboard Club Vail request for rezoning. The Rams -Horn Condominium Association firmly believes that a development plan should first be in place and there be a reasonable time for neighborhood input. We would like the review process to include a re -visit of agreements that were put into place when the current Golden Peak Ski Base was constructed. There were numerous discussions regarding traffic and pedestrian safety and a plan was developed to help address those issues. We are not certain that the plan is currently being followed and whether it may also need some revisions. Although we are supportive of the efforts of Ski and Snowboard Club Vail and its importance to the community, it should not be excused from presenting a development plan prior to any decision on rezoning. Thank you for your consideration John and Diane L. Milligan Rams -Horn Managers and Owners Representatives Lorelei Donaldson From: Foxhall A. Parker <foxp @optonline.net> Sent: Monday, February 06, 2012 8:58 AM To: Council Dist List Subject: Ski and Snowboard Club Vail Rezoning Gentlemen: We are owners of Unit #1, Texas Town Houses, 483 Gore Creek Drive. Vail. We are writing to endorse the content of the Vail Homeowners Association's letter to you on this subject dated February 4, 2012. Please do not approve any zoning changes until a development plan has been made available for for study and comment by neighborhood property owners and other affected parties. Sincerely, Foxhall and Helen Parker Lorelei Donaldson From: James Franklin Lamont <jflamont @vail.net> Sent: Sunday, February 05, 2012 10:55 AM To: Council Dist List Subject: VHA /JFL/Vail Town Council - Ski and Snowboard Club Vail Rezoning........ Attachments: Ski Club Vail Rezoning Memo to TOV 0204121.pdf Please review within the context of the PEC decision and 1st reading a rezoning ordinance. Thank you. Jim Lamont VAIL HOMEOWNERS ASSOCIATION, INC. President - Gail Ellis Secretary - Judith Berkowitz Treasurer - Rob Ford Executive Director - Jim Lamont Directors: John Gorsuch - Alan Kosloff - Kent Logan - John Lohre - Trygve Myhren Larry Stewart - Miguel Jauregui Rojas - Doug Tansill Emeritus: Dolph Bridgewater - Ellie Caulkins - Richard Conn - Patrick Gramm - Eugene Mercy - Bill Morton - Gre In Memoriam: Bob Galvin February 4, 2012 Town of Vail Mayor and Town Council 75 South Frontage Road West Vail, Colorado 81657 RE: Ski and Snowboard Club Vail Rezoning. The Vail Homeowners Association has received communications from its membership that indicate there are apparent traffic congestion issues in the Golden Peak thru Golf Course neighborhoods which have continued unabated since the adoption of the Golden Peak Ski Base Plan. Now with the proposal to redevelop the Ski and Snowboard Club Vail (SSCV) site it seems appropriate to revisit the traffic flow issues for this area. The resolution of the neighborhoods' traffic congestion is not the SSCV's sole responsibility. However, while it is their responsibility to resolve any traffic problems their development causes, it would be a welcome benefit to this redevelopment effort to see wider participation on the resolution of these challenges. Manor Vail has redeveloped recently and the traffic control at the Golden Peak Ski Base has not held up to the promises made. The Town of Vail review process in practice requires that a development plan be provided by any property owner seeking rezoning. The purpose of the plan is to demonstrate that the supporting infrastructure for any substantive increase in density or change -in -use can be provided on the site, without recourse to special treatment or variances. It seems appropriate at this stage to make sure that all the traffic problems are addressed throughout the neighborhoods involved so that they also work well with the SSCV's development plan. The Association is disappointed that the Planning and Environmental Commission did not require such a development plan at its public hearing for a rezoning, as has been required in practice. If the development plan had been presented, neighbors could have commented specifically on where the traffic problems seem to start and make some suggestions as to how to alleviate them. It is disappointing that the Town of Vail seems to be rather arbitrary in its enforcement of their own development and review criteria. The Association observes that the neighborhood worked with both the Town of Vail and Vail Resorts to create a unified zone district for the Golden Peak Ski Base Area, which includes the SSCV site. This was done, so that there would be a harmonious neighborhood plan to address building massing, on -site uses and infrastructure functionality. Increasing traffic congestion in the Golden Peak neighborhood, particular on Vail Valley Drive and on some of its tributary streets is the consequence of growth and the changes approved by the Town. Therefore, as part of any rezoning and redevelopment effort which could further aggravate ski base related traffic congestion, we would hope a development plan for the capacity of the intended uses be provided prior to any approval, rezoning or otherwise. The development plan should address the functionality of onsite traffic circulation, parking, loading & delivery and drop- off/pick -up requirement needed to service the size of the development and uses proposed. The process should include all adjacent and affected property owners in drafting such a plan as it would be a huge step towards its eventual success. In this regard the Association, if requested would be pleased to help coordinate this effort. The Homeowners Association wishes to reiterate its disappointment that the Planning and Environmental Commission (PEC) did not follow its own requirements in demanding a development plan before any zoning changes are acted upon. It is difficult for affected parties to participate in the process if such process is arbitrarily altered by the Commission. It is requested that the Town Council reverse the PEC's decision and table the rezoning ordinance until a development plan is forthcoming from the applicant. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827 -5680 FAX: (970) 827 -5856 E -mail: vha(a vail.net Web Site: www.vailhomeowners.com Lorelei Donaldson From: mcguppie @aol.com Sent: Monday, February 06, 2012 6:33 PM To: Council Dist List Subject: Development Plan To the Town Council; Please do not make a huge mistake! It is important to have a development plan in place before approving the rezoning. DO NOT MAKE AN EXCEPTION, since you require everyone else to provide one. Thank you. Peggy Fuller Vail Homeowner 303 - 902 -6416 RAUN ASSOCIATES, INC:. LAND PLANNING & COMMUNITY DEVELOPMENT February 7, 2012 Mr. George Ruther, Director Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81632 Ms. Rachel Friede Dimond, Town Planner Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81632 RE: Proposed Re- zoning of SSCV Clubhouse Site Good Day: The purpose of this letter is to formally request a continuance of the Town Council's review of the proposed re- zoning of the Ski and Snowboard Vail property. As per our discussion yesterday, we would ask that the item be scheduled for a work session discussion on February 21 and for consideration of the ordinance that evening. I will be at tonight's meeting in the event any discussion takes place but will assume that the item will be continued. Thank you both for your ongoing assistance with this project. Regards, Thomas A. Braun CC: Aldo Radamus Phil Hoversten David Viele Glen Davis Opal Building • 225 Main Street • Suite G -002 • Edwards, Colorado • 81632 970 - 926 -7575 970- 926 -7576 fax www.braunassociates.com { S,. Lorelei Donaldson From: Ahgramm @aol.com Sent: Sunday, February 05, 2012 11:12 AM To: Council Dist List Subject: Re: lack of plan A complete, thorough, and detailed plan MUST be presented before any action can take place. The entire character of Vail on this, the east side of Bridge Street could be affected. What has been traditionally a residential and 'old town" could now face extinction. Has any research been done to see if the area could be accessed from the east? - - -- rather than using Vail Valley Drive ? Annemie Gramm (413 Gore Creek Drive) Lorelei Donaldson From: tlowrey753 @aol.com Sent: Sunday, February 05, 2012 4:09 AM To: Council Dist List Subject: redevelopment Please consider the impact of traffic congestion before approving the re- zoning of ski snowboard club Vail. It is hard to envision anything short of a nightmare at 3pm in the afternoon when cars already line Vail Valley Drive for miles. Thank you, Tracy Lenehan Manor Vail owner Lorelei Donaldson From: bbruecker @aol.com Sent: Monday, February 06, 2012 12:38 PM To: Council Dist List Cc: jim @butterwoth.net; fhp911 @yahoo.com; terencebritton @comcast.net; stephwhitt @comcast.net; Ibarnes @vailhomerentals.net; vha @vail.net; bbruecker @aol.com Subject: Request forDevelopmet Plan for Ski & Snowboard Club Proposal Attachments: VTE ski school letter.doc Dear Town Council, As the Board President from Vail Trails East, I am writing to request that a Development Plan of the Ski and Snowboard Club be presented to the citizens of Vail and the residents affected by the proposed redevelopment. I attah herewith a copy of our initial letter of January 25th on this subject. We believe a number of the residences will be affected by the proposed redevelopment. We respectfully request that a Develoment Plan be in place before th rezoning is approved. Among the numerous concerns are traffic congestion, parking, and the aesthetics of the neighborhood. We believe that as elected representatives, you should follow the rezoning process. Thank you for your consideration of this matter. Very truly yours, Barbara Bruecker Board President, Vail Trails East Homeowners Association Barbara Bruecker, Board President Vail Trails East Condominium Association bbrueckera,aol.com 303 - 324 -5223 January 25` 2012 Town of Vail RE: Plan to redevelop the Ski and Snowboard Club and add the new Gondola, Dear Town of Vail, On behalf of the Board of the Vail Trails East Homeowners Association, I wish to express our concern for the redevelopment of the Ski and Snowboard Club. Specifically, the Vail Trails East Board is very concerned about the increase in the traffic in the area that this could bring. In addition, the traffic flow itself is of concern to the owners of the Vail Trails East Association. We ask that the Town engage in an impact study and rezoning meeting and include the neighboring condominium associations and if approved to carry out this project is a manner that minimizes the impact on the residence owners at Vail Trails East and other neighboring homeowners. Very truly yours, Barbara Bruecker Board President, Vail Trails East Homeowners Association TOWN OF VAIL REVENUE HIGHLIGHTS January 31, 2012 Sales Tax Upon receipt of all sales tax returns, December collections are estimated to be $3,175,655 up 7.2% from last year and 24.3% up compared to budget. Year to date collections of $19.6 million are up 10.7% from prior year, and essentially back to the record level of 2008. Year to date revenue is up 9.9% from the amended budget. Inflation as measured by the consumer price index was up 3.2% for the year. Use Tax Use tax collections as of December 31, 2011 totaled $739,892 compared with $1,112,973 at this time last year, down 33 %. The annual budget of $731,000 has been met. January collections are currently $4,544. Real Estate Transfer Tax (RETT) RETT collections through December 31 total $4,403,707 down 37% from this time last year, but a 3.1 % increase from budget. Of current collections, approximately $1,678,373 or 38% is from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections not related to major redevelopment projects currently total $2,730,026, nearly flat with the prior year. January collections currently total $73,412. Pa rkinq Revenue 2011 Total parking revenue of $3,990,286 was down 20.8% from full year 2011 and down 9.5% from budget. This revenue consists of both revenue from pass sales and daily sales from the parking structures: Pass sales for 2011 total $709,243, a 5.3% decrease from full year 2010, and an 8.0% decrease (or $62,500) from the 2011 budget. Daily sales from the parking structures total $3.3 million for 2011, down 23.5% from full year 2010, and down 9.9% from budget. Season year -to -date (Nov '11 — Jan 1 12) Pass sales for November - January total $562,592, down 13% compared to prior season. Daily sales for the same time period total $1,118,691, down 35% compared to prior season. -1- Although sales were lean the early part of the month, this past weekend showed improvement with an 9% increase over the same weekend last year. Summary Across all funds, total revenue for 2011 of $53.1 million is up 2.4% from budget and down 5.0% from prior year mainly due to a decrease in RETT collections and parking revenue. Ira 0 ) TOWN OF VAIL' To: Vail Town Council Memorandum From: Ron Branden, Director of Information Technology Date: February 7, 2012 Subject: Cell Tower Update The Town of Vail IT Department has been in on -going negotiations with Crown Castle North America since the summer of 2011 to build and maintain a carrier neutral 4G DAS based cellular network within the Town of Vail. The Town currently plays host to several 3G macro cellular sites for all four major carriers, AT &T, Sprint, TMobile and Verizon. In order to properly deploy 4G, we require a macro cell type installation, better known as a Distributed Antenna System (DAS). This carrier neutral system will not only provide 4G data services, but also solve the capacity issue that we currently experience during peak usage. To further enhance the DAS infrastructure, Crown Castle will also be replacing the existing CenturyLink WiFi network with a new state of the art system. Once operational, the Town will be providing a much needed service to the community. The Town will provide space and fiber optic facilities for the DAS system while Crown Castle will bear the entire cost for installation and maintenance of the system. In exchange, we will receive cellular coverage in our Village Parking Structure, free use of the network, an updated WiFi network, and the option of being a carrier on the system for the recently ratified public safety spectrum. Crown Castle was founded in 1994 and is one of the country's largest independent owners and operators of shared wireless infrastructure, with over 23,500 towers nation wide. They own, operate, build, and lease towers, rooftops, and Distributed Antenna Systems (DAS) in prime markets for wireless communications. As the owners and operators of the infrastructure, the focus is on safety, reliability and regulatory compliance through regular inspections, utilizing state -of -the -art processes and tools, and a 24/7 Network Operations Center (NOC). Publicly traded, Crown Castle (NYSE: CCI) offers financial strength and long -term stability. We currently have a contract in draft form and will be bringing this agreement to council for approval in the next 30 days. Construction of the system is anticipated to begin in May of 2012 with 4G service available to users by the fall of 2012. mountai �•.... etDDl■ —AUEW Winter Teva Mountain Games Schedule of Events February 10 -12, 2012 (A# events subject to change) Thursday. February 9 8:00 am to 6:00 pm: Registration open — Lionshead Community room (LH parking structure) Friday February 10 11 8:00 am to 6:00 pm: Registration open — Lionshead Community room (LH parking structure) 10:00 am: Gear Town opens - Solaris 10:00 am: Mixed /Ice Climbing Practice (Men/Women Qualifiers) — Golden Peak 10:00 am: Mountain Click Photo Comp - Start 10:00 am: 10:30 5K Nordic Freestyle Ski — Mass start — (UMC Amatuer) Vail Nordic Center (Vail golf course) am: 12:00 pm 10K Nordic Freestyle Ski — Mass start (UMC Pro) - Vail Nordic Center (Vail golf course) Mixed /Ice Climbing Qualifying Round (Men/Women Qualifiers) — Golden 3:00 pm: Peak Eddie Bauer Kickoff Party with 40 oz. of Freedom— Solaris 4:00 pm: Mixed /Ice Climbing Quarterfinal Round (Men /Women Qualifiers) — Golden Peak 5:00 pm: Gear Town closes 5:00 pm: Ski Mo Athlete meeting — Uonshead Community room (LH parking structure) 5:15 pm: Avalanche Dog Demos — Golden Peak 6:00 pm: 7:00pm Mixed /Ice Climbing Semi- Final and Final Rounds (Men/Women Finals) — Golden Peak 6:30 pm: Outdoor Reels presented by Bud Light —Lodge at Vail, Intemadona /Room 8:00 pm: Free Concert: Spazmatics — Checkpoint Charlie Vail Village 10:00 pm: Teva After Party: Totally 80's— Vendettas Saturday, February 11 6:00 am to 6:00 pm: Registration open — Lionshead Community room (LH parking structure) 7:30 am: Ski Mountaineering (Ultimate Mountain Challenge Event) All categories start 9:00 am: Gear Town opens - Solaris 10:00 am: Telemark Big Air Practice — Golden Peak 11:30 am: Telemark Big Air Qualifying Round — Golden Peak 1:00 pm: Best Trick Bike Practice — Golden Peak 3:30 pm: Dual Slalom Bike — Golden Peak 4:30 pm: Boot Run (Boot Leggers Division & Family Fun) — Golden Peak 5:00 pm: On — snow Mountain Bike- Crit (pro /expert) — Golden Peak 5:00 pm: Gear Town closes 6:30 pm: X- Country Snowshoe Race 10k - Golden Peak 6:30 pm: X- Country Snowshoe Race 5k & dog friendly - Golden Peak 6:30 pm: Telemark Big Air — Golden Peak 6:30 pm: Best Trick Bike — Golden Peak 7:30 pm: Free Concert: Theophilus London - Golden Peak 10:00 pm: Teva After Party: White Out -- Vendetta's Sunday, February 12 6:00 am to 12:00 pm: Registration open — Lionshead Community room (LH parking structure) 7:00 am: Vail Uphill (Ultimate Mountain Challenge Event) All categories start 9:00 am: Gear Town opens - Solaris 9:00 am: Seven Wonders of Vail 2:00 pm Wonders post -race apres party at Mountain Plaza - Vail Village (registrants only) 5:00 pm: Gear Town closes X a 4001' f rowN of vain To: Vail Town Council Memorandum From: Public Works Department Date: February 7, 2012 Subject: Ford Park Planning Process I. SUMMARY The Town Council is requested to provide staff with their comments relative to the updated Ford Park Illustrative Plan document in preparation for submittal to the PEC and DRB for review and approval. II. BACKGROUND On January 9 and 10, 2012, a design workshop for Ford Park was attended by members of the various Ford Park Stakeholders, Town Council member and VRD and VVF board of director members, staff and design consultants. The Council was provided with a list of 23 design directives as an outcome of the 2-day workshop in a memorandum dated January 17, 2012. A full summary of the attendance, presentations and outcomes of the 2-day workshop will be posted on the www.vailaov.com website for your review. Staff and design consultants have utilized the design directives to update and enhance the Ford Park Illustrative Plan, dated June 7, 2011. It was the Illustrative Plan that was presented to the Council and the Vail voters prior to the approval of the ballot question regarding the Conference Center Fund dollars. Once the updated Illustrative Plan is submitted to the PEC it will be referred to as the Ford Park Management Plan Update document. At this point we are discussing design concepts generated during the 2-day workshop. The concepts include elements that are part of the Conference Center Fund ballot question and additional ideas derived from a comprehensive look at Fond Park and from Stakeholders identifying their long -term needs and desires for the facilities they operate within the park. Comprehensive cost estimates have not been completed but the scope of those elements included in the Conference Center Fund discussion and subsequent budgets have remained consistent. III. FORD PARK ILLUSTRATIVE PLAN MAKE -UP The various elements of the Ford Park Illustrative Plan include those items which are being funded by a combination of Conference Center Fund, RETT funds, and 8. Landscape enhancements throughout Ford Park to extend the character and quality of the Alpine Gardens to the entire park area. 9. Upgrade the Lower Bench Restrooms near the playground. 10. Expand the existing restroom /concession building at the Soccer Field on Vail Valley Drive to accommodate the majority of the maintenance equipment and supplies for Ford Park. The outcome of the 2 -day Ford Park workshop includes Design Directions that are more programmatic and operational in nature than relative to physical modifications to the park. Some of these elements involve increased operational costs and require further study and discussions. These items will be addressed through continued dialogue and coordination amongst the Ford Park Stakeholder Groups and include the following: 1. Continued and enhanced transit service to Ford Park for convenient use of parking spaces within the Village and Lionshead structures. 2. Implementation of an internal park shuttle system to ferry people to various park destinations and allow restrictions on or elimination of vehicular intrusions to the lower bench. 3. Maintain the integrity of the lower bench lawn area (Lower Commons). Avoid the introduction of any new features that would compromise its current form and function as an open turf play area and special event venue. 4. Develop an inter - agency joint maintenance and operations program for non - athletic associated landscape and amenities. IV. FORD PARK PLANNING PROCESS The planning and design process for Ford Park has reached the point where the staff and the design consultants are seeking reactions to the Ford Park Illustrative Plan and desire to gamer comments regarding the perceived appropriateness of the elements and the arrangement of those elements within the park. Acknowledging the Ford Park Illustrative Plan document has not been publicly reviewed, the Council is being asked to provide their initial reactions and comments to staff at this time. PUBLIC PROCESS Additional public reviews of the Ford Park Illustrative Plan are scheduled or are being scheduled at this time. These additional public reviews include the following events: 1. Ford Park Design /Stakeholder Team review meeting on February 7 at Community Development to discuss the updated plans and images. 2. Public Open House on February 7 prior to the regular council session in the Municipal Building hallway to allow the public an opportunity to engage the design team and review the updated plans and images. 3. PEC work session on February 27, 2012. A PEC application has been submitted to allow notification of adjacent property owners to be made for this public review session. Town of Vail Page 3 /' Date Session or meetina Reauest Feb. 7 Stakeholder review meeting Public Open House Town Council regular session Provide comments to staff Feb. 8-24 Neighbor associations and user groups Feb. 13 PEC submittal- Management Plan Amendment Feb. 27 PEC work Session Provide comments to staff March 12 PEC regular meeting Review Management Plan Amendment March 20 Town Council work session Approve PEC submittal Town Council regular session Management Plan amendment/Resolution April 16 Submit Development Plan to PEC April 18 DRB work session May 14 PEC review session Approve Development Plan May 16 DRB review session Approve submittal June 5 Town Council work session Update as needed June 29 TOVNRD projects to bidders July 26 Bid opening TOVNRD projects Aug. 7 Town Council regular session Contract Award Aug. 20 Projected start of construction V. ACTION REQUESTED BY COUNCIL Staff is asking the Town Council to provide comments in reaction to the submitted Ford Park Illustrative Plan document and specific elements included in the plan. Staff is requesting direction from council to add, delete or otherwise modify the current Ford Park Illustrative Plan document in preparation for the PEC work session of February 27. Town of Vail Page 5 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 7, 2012 ITEM /TOPIC: Ever Vail - The Community Development Department requests that the following Ever Vail applications be tabled to February 21, 2012. Major Subdivision A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -of- way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 20111 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011) A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011) A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 21, 2012 public hearing. 2i7/2012 BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 21, 2012 public hearing. 2/7/2012