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HomeMy WebLinkAbout2015-08-18 Agenda and Supporting Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING AGENDA TOWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., AUGUST 18, 2015 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: Recognition of Vail Police Department's Professional Standards Compliance Accreditation (5 min. ) PRESENTER(S): Bob Ticer, Avon Police Chief and past President of Colorado Association of Chiefs of Police 2. ITEM/TOPIC: Citizen Participation (10 min. ) ITEM/TOPIC: Consent Agenda: 1) Minutes from July 7, 2015 regular meeting 2) Minutes from July 17, 2015 special meeting 3) Minutes from July 21, 2015 regular meeting 4) Resolution No. 24, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Future Maintenance of the 1-70 Vail Underpass; and Setting Forth Details in Regard Thereto 5) Award Architect Services for Vail's Fire Station 1 remodel 6) Town of Vail Wayfinding and Signage Contract Award (5 min. ) 4. ITEM/TOPIC: Any Action as a Result of Executive Session (5 min. ) BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. ITEM/TOPIC: Town Manager's Report (5 min. ) 6. ITEM/TOPIC: The Town Council invites the public to join them at the Crazy Mountain Brewery's Hot Summer Nights free concert at the Gerald R. Ford Amphitheater featuring the Dirty Dozen Brass Band at 6:30 pm. ITEM/TOPIC: Adjournment (6:30 p.m.) Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Recognition of Vail Police Department's Professional Standards Compliance Accreditation PRESENTER(S): Bob Ticer, Avon Police Chief and past President of Colorado Association of Chiefs of Police 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Citizen Participation 8/18/2015 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Consent Agenda: 1) Minutes from July 7, 2015 regular meeting 2) Minutes from July 17, 2015 special meeting 3) Minutes from July 21, 2015 regular meeting 4) Resolution No. 24, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Future Maintenance of the 1-70 Vail Underpass; and Setting Forth Details in Regard Thereto 5) Award Architect Services for Vail's Fire Station 1 remodel 6) Town of Vail Wayfinding and Signage Contract Award ATTACHMENTS: July 7 2015 Town Council Meeting Minutes July 17 2015 Town Council Meeting Minutes July 212015 Town Council Meeting Minutes Resolution No 24 Series of 2015 Vail Fire Station One Contract Award TOV Wayfinding and Signage Contract Award Memorandum 8/18/2015 Vail Town Council Meeting Minutes Tuesday, July 7, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation and several residents were present to speak as follows: Mery Lapin, resident, commented on several items related to the redevelopment of the Vail Valley Medical Center. He suggested the agreement should address 1) what happens if there is a change in ownership of the hospital, would the town have any opportunity to influence what would happen and 2) how the specialty services should always be provided at the hospital. It was noted the current agreement only addresses the public improvements for the west wing remodel. Rick Sackbauer, Eagle River Water & Sanitation District, noted that a joint meeting would be held on July 23 with Upper Eagle Regional Authority to continue discussions about their policies addressing the Rocky Mountain Recreation & Wilderness Preservation Act. Kevin Foley, resident, expressed commendations for a great July 4th America Days weekend. He also noted there are some sprinkler systems along the bike trail that should be buried. It was noted by Public Works Director Greg Hall that the location of the system is temporary and the system would be buried once the vegetation had been reestablished. The second item on the agenda was Kerry Donovan, Colorado State Senator for District 5 whop presented a 2015 State Legislative update and feedback session. Topics discussed included: 1. Why chain law legislation did not get enacted. 2. The urban renewal legislation and confusing impacts to local government. 3. Water rights and ski industry's ability to use water as governed by USFS. 4. CDOT and new director The Town Council expressed support and thanks to Donovan for her work at the legislature. Town Council Meeting Minutes of July 7, 2015 Page 1 8/18/2015 The third item on the agenda was the Consent Agenda: 1) Minutes from June 2, 2015 meeting Moffet moved to approve the June 2, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 2) Minutes from June 16, 2015 meeting Moffet moved to approved the June 16, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 3) Award 2015 Slurry Seal Project Contract Bugby moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal Co. to complete the 2015 Vail Slurry Seal Project in the amount not to exceed $137,480.00. Moffet seconded the motion and it passed unanimously (7-0). 4) Award Ford Park Hillside Re -vegetation Contract Moffet moved to award the contract for the Ford Park Hillside Revegetation Project to SHC Nursery and Landscape in the amount of $59,818.80. Bugby seconded with some comments made related to the cinder removal. Todd Oppenheimer, Town of Vail Capital Project Manager/Landscape Architect, presented information about the comments and suggestions provided from the consultant. The motion passed unanimously (7-0). The fourth item on the agenda was the any action as a result of executive session; no actions were made. The fifth item on the agenda was Town Manager's Report 1) Update about San Miguel de Allende Mexico delegation's July visit and the public meeting to consider the Sisterhood Agreement on Thursday, July 17, 2015. 2) Suggested topics for July 21 meeting with Avon Town Council (Avon's suggested topics: worker housing, transit, and coordination of Special Events ad Festivals) The sixth item on the agenda was a presentation and request to approve final design for Lionshead Skatepark, project budget and award of construction contract. Oppenheimer and Jaxon Statzell, California Skateparks, addressed the town council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. It was noted they were requesting feedback about the following items: 1 Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738. 3. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark Some background was presented about the numerous workshops and council meetings held to discuss the project. Cameron Chaney, resident and avid skateboarder, was acknowledged as having the idea for this location. Final costs for all construction and design were presented and broken down as follows. It was also noted there is an option available to include snowmelt in the skatepark area. This would result in a budget increase of $154,000 to $193,000. The cost of the boiler and modifications to the existing boiler room are not included. Annual operational cost for Town Council Meeting Minutes of July 7, 2015 Page 2 8/18/2015 town -wide snowmelt areas are currently $3.00 per square foot. The cost of snowmelting the skatepark area would be approximately $23,000 per year Skatepark design and public process $ 83,500 Skatepark and general construction complete per design $1,258,738 Integrated Public Art $ 50,000 Engineering and Code Analysis $ 50,840 Landscape and Irrigation per DRB $ 30,000 Contingency $ 145,200 Total $1,618,278 Council input was given and there was generally strong support to proceed. Some members, Rogers and Daly, were not in support of the proposed snowmelt for the project because of the increase with the carbon footprint, and others requested more detailed information about the proposal and costs. There was discussion about the landscaping, drainage, management and maintenance of the park. Vail Recreation District would provide oversight of this park upon completion. Daly asked for public comments at this time. ■ Robert, avid skateboarder, suggested the snow melt idea transforms the park into a true skate park destination. ■ Allison Wadey, local parent, requested that benches for spectators / moms be placed in favorable areas such as the more sunny locations. ■ CJ Poole, Vail Recreation District skateboard park teacher, expressed the need for something for young people to do and this park offers that amenity. ■ Kevin Foley, resident, noted the park was long overdue, kids deserve it, and it should be built to Vail standards. ■ Lou Maslek, resident, supported the great idea and the project; interested in knowing more about the snowmelt proposal. Daly inquired about an operating agreement between the town and VRD, something that would need to be considered very soon. Bugby commented about some of the design components including the vertical drop and request for more viewing and staging area locations. Rogers spoke about the Art in Public Places component noting that there have been application submittals, but there may be a need to increase the budget in light of the challenges faced by the artists with the space (increase of $50K proposed). Moffet moved to approve the following: 1. the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops; 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738; 3. Amend the overall project budget by $1,468,278 for a total budget of $1,618,278 for the skatepark; 4. Direct staff to further investigate installing snowmelt at the park; and 5. add an additional $50K to be committed to art for the project Rogers seconded the motion and it passed unanimously (7-0). Council thanked the group for their extraordinary efforts with the project with a special thanks to Chaney for his work in getting people and kids involved in the process. The seventh item on the agenda was Resolution No. 18, Series of 2015, A resolution of the Vail Town Council directing the Town Manager to sign a development agreement by and between Town Council Meeting Minutes of July 7, 2015 Page 3 8/18/2015 the Town of Vail and the Vail Valley Medical Center; and setting forth details in regard thereto, as presented by George Ruther, Director of Community. Ruther noted the Town must ensure that both the West Wing and the East Wing of the VVMC redevelopment are completed, and that certain obligations of VVMC are addressed. It was noted that after a long public process staff's recommendation is to execute the resolution and authorize the Town Manager to sign the agreement. There was further discussion about the contract as not being revocable if there was a third party agreement. Town Attorney Matt Mire noted some sections that would speak to that concern. There were also some technical corrections raised by Daly as well as a decision about who would conduct the audits required per the contract. Moffet moved to approve Resolution No. 18 with the changes agreed upon in paragraphs 3, 5, and 6; Bugby seconded the motion. Public input was given by Jim Lamont, Vail Homeowners Association, who spoke about his concerns that the roundabout costs and those responsible for those costs are not explicit in the agreement. There was a brief description of the traffic impact fees when imposed would cover these project costs. The motion passed unanimously (7-0). The eighth item on the agenda was the First reading of Ordinance No. 7, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. Kathleen Halloran, Finance Director presented the memo addressing the ordinance which allows for newly identified projects or unforeseen changes to budget and "off cycle request for contributions" to be reviewed by town council. Questions were raised about the following: $100,000 increase to capital street maintenance for an unexpected glycol spill caused by an underground pipe leak that needed immediate attention. The spill was not covered by our insurance. There was information provided by Public Works Director as to what happened and discussion about how to avoid another leak that might potentially spill into the creek. Off cycle contribution request made by: The Eagle Air Alliance is requesting a cash contribution of $25,000 to add a new flight guarantee for Oakland California on Allegiant airline. As of June 26, the Air Alliance notified us that the amount requested will decrease due to Allegiant not being able to start service until February (original request was for December). The VCBA is requesting a cash contribution of $25,000 to help offset the cost of advertising to the business partners who participate in the publication The Vail Valley Trail Connection is requesting a cash contribution of $15,000 to work toward the goal of being designated a Gold Medal Ride Center by the IMBA (International Mountain Bike Assn) and for overall work to improve trails throughout the Vail Valley Bugby requested to amend the supplemental budget requests funding the off cycle businesses; Bruno was in support of the amendment as well. Moffet moved to approve Ordinance No. 7 and incorporate the funding of the off cycle contributions listed, and direction to staff inform them at second reading further information about funding partners for the EGE Air Alliance and the Vail Valley Trail Connection. Rogers seconded the motion. There was further council discussion about the VCBA request with some members (Bruno and Bugby) in support of funding the full amount of $25K and some members (Rogers and Moffet) not seeing the need for government to fund this publication and Chapin who requested more detailed information from the VCBA about the publication and its benefits to the business owners. Daly noted the $8500 funding for VCBA Town Council Meeting Minutes of July 7, 2015 Page 4 8/18/2015 could be increased at second reading. The motion passed unanimously. There was no public input on this topic. The ninth item on the agenda was Ordinance No. 8, Series of 2015, an Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) presented by George Ruther, Director of Community Development. It was noted that on June 16, 2015 the Vail Town Council held a public hearing on the first reading of Ordinance No. 8, Series of 2015. Following discussion and public comment, the Vail Town Council approved Ordinance No. 8 Series of 2015, as presented. Ruther noted the ban was set until October 6, 2015 (60 days). Council commented on the topic with highlights as follows: Chapin expressed concerns, wondered about missed revenues, but questioned if this type of business really fits Vail's brand. He noted the federal government and banking industry still do not recognize the business as legal and legitimate. He expressed possibly extending a ban to 3 years and hold off on a permanent ban. Rogers expressed a need for more information about other communities that have enacted the legislation allowing and regulating marijuana. She preferred to hear from Breckenridge, Aspen, Nederland with feedback about the success and failure of their implementations. Bugby supported the current ordinance and prefers prompt attention to enacting a permanent ban. Daly spoke about Vail's brand and sees more risk with allowing these businesses. He was not interested in hearing from other communities as Vail does not really compare to them. Moffet moved to approve Ordinance No. 8; Rogers seconded the motion. Public input was taken and Bob Armour, resident, encouraged the council to act on the legislation before them now and consider a permanent ban on marijuana with future legislation. The motion passed unanimously (7-0). Both Bugby and Moffet supported drafting the legislation for the next meeting, however, there were differing positions on whether the ban be permanent or include a shorter timeframe. In summary, there was consensus from the group to direct staff to draft legislation banning marijuana for the next council meeting but allow for further consideration and discussion about the timeframe of the ban. Ruther presented public input with an email that was submitted to his office. The tenth item on the agenda was Ordinance No. 9, Series of 2015, First Reading, an Ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015 Regular Town Election. Patty McKenny, Town Clerk, asked for Town Council's consideration of the ordinance which would revise the nomination petition circulation dates from August to September and address the mailing and receipt of ballots from active military or overseas voters. In light of recent Title 31 election law changes from the passage of HB 15-1130 there were changes to the nomination petition circulation dates to August instead of September. This ordinance, if adopted, would set forth the original nomination petition circulation dates which begin on the fiftieth day prior to election day and ending on the thirtieth day before the election (September 14 through October 2). It was confirmed dates were consistent with prior elections Bugby moved to approve Ordinance No. 9; Moffet seconded the motion. Jim Lamont, Vail Homeowners Association, asked what the deadline would be if the council were to set a mail ballot election instead; the clerk noted she would need to check the date. Lamont then asked council to reconsider holding a mail ballot election because Town Council Meeting Minutes of July 7, 2015 Page 5 8/18/2015 participation tends to be higher and a longer electoral period tends to be more beneficial to the voters. The motion passed unanimously (7-0). The eleventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:45 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of July 7, 2015 Page 6 8/18/2015 Vail Town Council Special Meeting Minutes Friday, July 17, 2015 10:00 A.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 10:00 A.M. by Mayor Andy Daly. Members present: Absent member: Staff members present Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Margaret Rogers Greg Moffet Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda were introductions of the San Miguel de Allende Delegation as follows: Mauricio Trejo - Mayor Ricardo Garrido - President of the Tourism Board & Business Council Cecilio Garza - Ex -Ambassador Erwit Reichert - Real Estate Representative Maximino Altamirano - Restaurant Assistant Representative Denise Deanda - Tourism Board Coordinator Yazmin Lopez - Business Council Coordinator Americo Ramblas - Media Eduardo Salas - Media Roberto Lopez - Media Juan Carlos Yamin - Real Estate Developer The second item on the agenda was "Welcome to Vail" Presentation which was presented by Andy Daly. He spoke about the possibilities of a sister city relationship with an internationally renowned heritage city of Mexico, San Miguel de Allende. The third item on the agenda was the City of San Miguel de Allende's "The Heart of Mexico" Presentation presented by Mauricio Trejo, City of San Miguel de Allende Mayor and Ricardo Garrido, President of the Tourism Board and Business Council. The fourth item on the agenda was a brief discussion about the Sisterhood Agreement as proposed by San Miguel de Allende officials. It was noted by Mayor Daly a Vail delegation visited San Miguel de Allende in May to determine what kinds of cooperative relationships and projects might be developed with the city and its officials. It is hoped there can be some sharing of information between the two resort communities related to education, cultural, artistic, Town Council Special Meeting Minutes of July 17, 2015 Page 1 8/18/2015 culinary and student exchanges, promotion of tourism, and sharing of ideas related to environmental sustainability. The fifth item on the agenda was community input. Jim Lamont, Vail Homeowner's Association, encouraged the town council to execute the agreement because much could be shared between the two communities. He spoke highly of his experiences visiting the community of San Miguel de Allende. The sixth item on the agenda was the execution of the Sisterhood Agreement" between the City of San Miguel de Allende and Town of Vail with Mayor Daly and Mayor Trejo signing the document. Both parties expressed optimism about creating the Sisterhood arrangement between the two communities. The seventh item on the agenda was adjournment. There being no further business to come before the council, the meeting adjourned at 11:45 a.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Special Meeting Minutes of July 17, 2015 Page 2 8/18/2015 Vail Town Council Meeting Minutes Tuesday, July 21, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was Citizen Participation. Rick Sackbauer of Eagle River Water & Sanitation District shared with council the joint meeting to discuss wilderness has been postponed until September. The second item on the agenda was the World Fly Fishing Championships Update. The producer of the America Cup Fly Fishing Tournament John Knight spoke about the 36th Annual World Fly Fishing Championships coming to Vail in September 2016. Knight said approximately 25-30 countries will be participating in this week-long event and many of the participants will come a week or two before the World Championships to get acclimated to the elevation and have an opportunity to fish the area. Knight also spoke about the Youth World Championships held in Vail on August 10-16, 2015. Knight asked if a council member would be willing to greet and thank contestants during the opening ceremonies held August 10, 2015 at Eagle's Nest and August 15, 2015 at Mountain Plaza. Daly assured Knight there would be a council member in attendance. The third item on the agenda was any action as a result of Executive Session. Daly stated the executive session was cancelled that afternoon. The fourth item on the agenda was Town Manager's Report. Zemler spoke about a budget retreat to discuss the possibility of acquiring the Dowd Junction property. Zemler stated a meeting would be held in the future involving Eagle County, Minturn, Vail and the US Forest Service. Bugby confirmed with Zemler that this property did not involve Meadow Mountain. Zemler said it did not. The property being discussed is where the forest service facilities are currently located. Town Council Meeting Minutes of July 21, 2015 Page 1 8/18/2015 The fifth item on the agenda was the 1-70 Vail Underpass consultant contract amendment for final design and construction documents. Public Works Engineer Tom Kassmel explained the consultants for the project, Felsburg Holt & Ullevig, have been providing design services for the past two years per their professional service agreement with the town. Kassmel stated since the project was now fully funded the current agreement would need to be amended to include the: 1) final design, 2) preparation of construction plans and specifications, and 3) construction bidding/negation processes. The estimated cost for this work was $343,430.62. Ludwig asked if this would be an additional cost to the project. Kassmel stated this amendment would not increase the total project cost because it was included within the existing total project budget of $30.1 million. Kurz made a motion to approve the design amendment for scope of work to the contract with Felsburg Holt & Ullevig. Rogers second the motion. There was no public comment. The motion passed unanimously (7-0). The sixth item on the agenda was Resolution No. 23 Series of 2015; 1-70 Vail Underpass Construction Intergovernmental Agreement. Kassmel reminded council that over the past two years the 1-70 underpass project went through an extensive design and public process. These processes were generally administered and paid for by the town and reimbursed by the Colorado Department of Transportation (CDOT) through a current Intergovernmental Agreement (IGA). Kassmel added that since the underpass project was at a 90% design level and fully funded for construction, the project would soon move into the construction phase. The construction phase would be administered and paid for by CDOT and reimbursed by the town in accordance with the proposed new IGA. Kassmel said the total contribution of the town would be $8.73 million of which $200,000 would be in-kind services. Kassmel stated CDOT would be responsible for any construction increase. Bugby made a motion to approve Resolution No. 23 and direct the Town Manager to enter into the IGA with CDOT. Rogers second the motion. There was no public input. Daly acknowledged Kassmel for all his efforts and success for securing funding from CDOT. The motion passed unanimously (7-0). The seventh item on the agenda was the second reading of Ordinance No. 7, Series 2015, an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. Finance Director Kathleen Halloran reviewed the changes made to the ordinance per council's direction during first reading on July 7, 2015. Halloran noted an additional $1,468,278 was approved for a permanent skatepark with an additional $50,000 increase for public art. Since council approved a permanent location for a skatepark; the budget would be adjusted for the removal of a $209,000 placeholder to replace the temporary skatepark. Halloran went onto say that Public Works had provided council with information on snowmelt options for the skatepark during the winter months. The estimated cost of $415,000 was not currently included in the budget supplemental, but could be per councils' direction. Rogers felt it was contrary to the town's environmental stand. Bugby asked if solar paneling was researched. Greg Hall, Director of Public Works, responded solar paneling would take a lot. Moffet asked if there were any other options; Hall Town Council Meeting Minutes of July 21, 2015 Page 2 8/18/2015 responded to state that from an efficiency standpoint there are not really any other options. Moffet confirmed with Halloran that the town would need to invest $50,000 to keep the snowmelt a viable option. Bruno stated there were not many activities for youth in the winter months after 3:00 p.m. Moffet made a motion to approve Ordinance No. 7, Series of 2015, as presented with an addition of $50,000 for future snowmelt for the skatepark. The motion was seconded by Kurz. There was no public comment. Bugby requested the motion be amended to include an increase for the Vail Chamber and Business Association (VCBA) from $8,500 to $25,000. Bugby acknowledged the VCBA requested a cash contribution of $25,000 to help off set the advertising to the business partners who participate in the publication. Bugby thought $8,500 was not enough funding for this group to achieve their mission. Moffet amended his motion to include a $25,000 one time contribution to VCBA; Kurz seconded the motion to the amendment. There was no public comment. The amended motion passed 6-1 (Rogers opposed). The eighth item on the agenda was the second reading of Ordinance No. 9, Series of 2015, an ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015, Regular Town Election. The Town Attorney Matt Mire reviewed the ordinance with council and stated there were no changes from the first reading. Moffet made a motion to approve Ordinance No. 9, Series of 2015, as read with a second from Ludwig. The motion passed unanimously (7-0). The ninth item on the agenda was the first reading of Ordinance No. 10, Series of 2015, an ordinance prohibiting marijuana establishments in Town, pursuant to Section 16 of Article XVIII of the Colorado Constitution. Town Attorney Mire reviewed the ordinance with council and explained that though the establishments and facilities listed in the ordinance are not currently outlined in Town of Vail uses; by law they needed to be named in the ordinance. Mire went onto say this ordinance could be reviewed by council every three years. Moffet felt this ordinance was not needed since town code currently prohibited retail marijuana sales. Rogers stated she was personally in favor of retail sales in Vail, but she would vote in support of the ordinance due to the feedback from Vail citizens requesting them to ban the sales of marijuana within town limits. Bugby thought section 3 of the ordinance, which allowed council to review the ordinance every three years, should be stricken. Daly asked for public comments. Bob Armour, Vail resident, applauded council for bringing this ordinance forward. Armour reminded council of the results from the town survey conducted last year stating 58% of the Vail residents opposed the sale of marijuana in Vail town limits. Bugby made a motion to approve Ordinance No. 10, Series of 2015, with Section 3 of the ordinance deleted. There was no second. Kurz made a motion to approve Ordinance No. 10, Series of 2015 as read with a second from Chapin. The motion passed 6-1 (Moffet opposed). Town Council Meeting Minutes of July 21, 2015 Page 3 8/18/2015 The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed unanimously, (7-0) and the meeting adjourned 6:45 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Tammy Nagel, Deputy Town Clerk Town Council Meeting Minutes of July 21, 2015 Page 4 8/18/2015 0) TOWN OF VAIL' Memorandum To: Town Council From: Public Works Department Date: 8-18-15 Subject: 1-70 Vail Underpass Maintenance IGA I. SUMMARY The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. www.vailgov.com/underpass The project will begin major construction in the spring of 2016 and be complete by the end of 2017. The Town and CDOT will be responsible for the long term maintenance of the project once complete. The maintenance responsibilities will be similar to those at the Town Center and the West Vail roundabouts. CDOT will generally maintain all elements along 1-70, all bridge and retaining wall structural elements, and the asphalt pavement along the Frontage Roads, roundabouts, and underpass; whereas the Town will maintain all aesthetic treatments (landscaping, irrigation, stone veneer, lighting, pavers, etc..) as well as sidewalks, drainage and curb and gutter. In order to memorialize this maintenance partnership, the Town must enter into an IGA with CDOT by Resolution. Attached is the Resolution as well as the IGA. 8/18/2015 RESOLUTION NO. 24 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE FUTURE MAINTENANCE OF THE 1-70 VAIL UNDERPASS; 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 will partner with the Colorado Department of Transportation ("CDOT") to construct the 1-70 Vail Underpass (the "Project"); WHEREAS, the Project, located at approximately halfway between the main and west Vail exists, will be maintained by the Town and CDOT; WHEREAS, the Council's approval of Resolution No. 24, Series 2015, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, B E 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 CDOT 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 1815 day of August, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 24, Series of 2015 8/18/2015 CONTRACT THIS CONTRACT is made this day of 20 by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), and the Town of Vail ("Local Agency") 1309 Elkhorn Drive, Vail, CO, 81657 CDOT Vendor #: 2000003, which may also be referred to herein individually, as a "Parry" and collectively as the "Parties." RECITALS 1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 2. The parties desire to enter into this Contract to delineate each ones responsibilities for maintenance of the I-70 Vail Underpass Project detailed in Exhibits; 3. The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 CRS, as amended, and in applicable ordinance or resolution duly passed and adopted by the Local Agency, to enter into this Contract with the Local Agency for the purpose of maintaining a an underpass under I-70 as hereinafter set forth; and 4. The Parties have the resources to perform the desired maintenance for the I-70 Vail Underpass, Project STA 0702-327 (19094) once completed. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The I-70 Vail Underpass project is a partnership with the Town of Vail to study the feasibility of adding an underpass perpendicular to I-70 at approximately mile marker 175. The proposed underpass would connect the north and south Frontage Roads and would potentially improve pedestrian and vehicular circulation west of the main Vail exit. The Local Agency will be responsible for maintaining various improvements and structures associated with the construction of the underpass as detailed in Exhibit A. CDOT will be responsible for maintaining various I-70 structures and pavement as detailed in Exhibit A. 8/18/2015 Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in Section 21 of this Contract 2. This Contract 3. Exhibit A (Scope of Work) Section 3. Term This Contract shall be effective upon approval of the Chief Engineer. The term of this Contract shall run in perpetuity or until it is modified or terminated in writing by one or both parties. Section 4. State and Local Agency Commitments A. CDOT and the Local Agency shall be responsible for "highway maintenance and operations" for specific structure and highway segments described herein. Such responsibilities are detailed in Exhibit A. B. CDOT and the Local Agency shall perform maintenance and operations under this Contract in accordance with State policies and procedures. ("Maintenance" does not include reconstruction of portions of the highways destroyed by major disasters, fires, floods, or Acts of God. Provided, however, that the Local Agency shall give the State immediate notice of the existence of any such conditions on the highways.) C. CDOT and the Local Agency shall perform all maintenance and operations responsibilities on an annual basis. CDOT and the Local Agency's performance of such responsibilities shall comply with the standards that are currently used by the State. Any standards/directions provided by the State's representative to the Local Agency concerning the maintenance and operations services shall be in writing. D. The Local Agency shall perform maintenance and operations projects in accordance with the terms of this Contract. Section 5. Permission to Enter The State grants, bargains and conveys to the Local Agency and its agents permission to enter, occupy, then exit the State's ROW as necessary for the purpose of maintaining the areas, structures and facilities described in Exhibit A to ensure their proper working condition as provided herein. The Local Agency grants, bargains and conveys to CDOT and its agents permission to enter, occupy, then exit the Local Agency's ROW as necessary for the purpose of inspecting and maintaining to ensure their proper working condition as provided herein. 8/18/2015 Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the maintenance and operations plans under this Contract. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit maintenance and operations project records. Section 7. Termination Provisions A. This Contract may be terminated by either party upon written notice thereof sent by registered, prepaid mail and received by the non -terminating party. Notwithstanding the above, this Contract may also be subject to: B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill its obligations under this Contract, or if the Local Agency shall violate any of the covenants, Contracts, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Section 8. Legal Authority Both Parties hereto warrant that they possess the legal authority to enter into this Contract and that they have taken all actions required by their respective procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatories to execute this Contract and to bind their respective entities to its terms. The person(s) executing this Contract on behalf of each Party warrants that such person(s) has full authorization to execute this Contract. Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, 222 South 6th Street, #317 Denver, Grand Junction 81501. Said Region Director will also be responsible for coordinating the State's activities under this Contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Jacob Rivera, EIT III CDOT Region 3 — Eagle Residency 714 Grand Avenue, PO Box 298 Eagle, CO 81631 970-328-9937 jacob.rivera@state.co.us 8/18/2015 If to the Local Agency: Greg Hall, Public Works Director Town of Vail 1309 Elkhorn Drive Vail, CO 81657 970-479-2158g hall@vailgov.com Section 10. Successors Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries The waiver of any breach of a term, provision, or requirement of this Contract 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. Section 12. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, §24-10- 101, et seq., CRS, as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, the Local Agency and their respective departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of §24-10-101, et seq., CRS, as now or hereafter amended and the risk management statutes, §§24-30-1501, et seq., CRS, as now or hereafter amended. Section 13. Severability To the extent that this Contract may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this Contract 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. 8/18/2015 Section 15. Entire Understanding This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved by both parties. Section 16. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to comply by the Local Agency. Section 17. Modification and Amendment A. This Contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless agreed to in writing by both Parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. B. Either party may suggest renegotiation of the terms of this Contract, provided that the Contract shall not be subject to renegotiation more often than annually, and that neither Party shall be required to renegotiate. If the Parties agree to change the provisions of this Contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Section 18. Disputes Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement will 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 the Department of Transportation. 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 the Contract 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 will 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 Contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 8/18/2015 Section 19. Does not supersede other agreements This Contract is not intended to supersede or affect in any way any other contract (if any) that is currently in effect between the State and the Local Agency for other "maintenance and operations services" on State Highway rights-of-way within the jurisdiction of the Local Agency. Section 20. Sub -Local Agencies The Local Agency may enter into a subcontract for any part of the performance required under this Contract, subject to advance written notice to the State. The State understands that the Local Agency may intend to perform some or all of the services required under this Contract through a Sub- contract. The Local Agency agrees not to assign this Contract without the express, written consent of the State which shall not be unreasonably withheld. Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 8/18/2015 Section 21. Colorado Special Provisions apply to all Contracts except where noted in italics 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This Contract shall not be 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 Contract 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 LOCAL AGENCY. Local Agency shall perform its duties hereunder as an independent Local Agency and not as an employee. Neither Local Agency nor any agent or employee of Local Agency shall be deemed to be an agent or employee of the State. 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 Local Agency or any of its agents or employees. Unemployment insurance benefits will be available to Local Agency and its employees and agents only if such coverage is made available by Local Agency or a third party. Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Local Agency shall not have authorization, express or implied, to bind the State to any contract, liability or understanding, except as expressly set forth herein. 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. 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 Contract. 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 Contract, 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 Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Local Agency hereby certifies and warrants that, during the term of this Contract and any extensions, 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 Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF 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 Contract. 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 Local Agency's services and Local Agency shall not employ any person having such known interests. 8/18/2015 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental contracts] 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 contracts relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental contracts, or information technology services or products and services] Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E - Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a Contract with a sub -Local Agency that fails to certify to Local Agency that the sub -Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Local Agency (a) shall not use E -Verb Program or Department program procedures to undertake preemployment screening of job applicants while this Contract is being performed, (b) shall notes the sub -Local Agency and the contracting State agency within three days if Local Agency has actual knowledge that a sub -Local Agency is employing or contracting with an illegal alien for work under this Contract, (c) shall terminate the subcontract if a sub -Local Agency 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 Local Agency participates in the Department program, Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If 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 Contract for breach and, if so terminated, Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. 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 Contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 8/18/2015 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency 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. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: 8/18/2015 THE LOCAL AGENCY STATE OF COLORADO TOWN OF VAIL John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Print: Shailen P. Bhatt, Executive Director Title: By: Joshua Laipply, P.E., Chief Engineer *Signature Date: Date: 2nd Local Agency Signature if needed LEGAL REVIEW Cynthia H. Coffman, Attorney General Print: By: Signature - Assistant Attorney General Date: Title: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency 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. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: 8/18/2015 EXHIBIT A — SCOPE Scope of Work CDOT Region 3 1-70 Vail Underpass - Maintenance CDOT Project No. STA 0702-327 (19094) 11 June 2015 Maintenance Responsibilities Town of Vail to Maintain: Any irrigation systems created by the project in CDOT ROW. Any irrigated landscaping created by the project* All lighting -including lighting for the Underpass attached the bridge structures Sidewalks including curb ramps and detectable warnings— snow removal and maintenance Curb and Gutter maintenance and capital improvements, including curb and gutter adjacent to the roadway, in median islands and the inner circle of the roundabouts. All brick pavers maintenance and replacement Maintenance of the truck aprons and curbs, including truck blisters, at the roundabouts. Any decorative aspects to retaining walls and/or 1-70 EB and WB Bridges including Stone Veneer. Fencing on top of all retaining walls including Town of Vail Pedestrian Railing. Decorative Signing and "Truck Route" signing of North and South Frontage roads and underpass connection. Graffiti removal on the following: 1-70 bridge abutment walls, underneath the 1-70 Bridges, and all retaining walls. *Local Agency shall apply for a landscape and/or special use permit prior to any additional improvements on the project. CDOT to maintain: All 1-70 pavement maintenance and capital improvements, including sweeping. Frontage Road and Underpass long term pavement maintenance including capital improvements (excluding sweeping) Structural components of retaining walls and 1-70 bridges. Guardrail and bridge rail along 1-70 Fence along 1-70 including chain link fence on top of retaining walls. Maintain and mow per Maintenance Level of Service, all un -irrigated landscaping (CDOT approved seed mix only, 3:1 slope or shallower). Upon acceptance of the project the above responsibilities take effect. The above delineations apply only to new construction produced by the project. Existing unaltered appurtenances will continue to be maintained as they are currently. 8/18/2015 EXHIBIT B (NOT APPLICABLE) LOCAL AGENCY ORDINANCE or RESOLUTION 8/18/2015 rowN ofvAi� Memorandum To: Town Council • �� �171f.1�J[•7�:� Date: 08/18/2015 Subject: Fire station 1 (East Vail) Award of Architectural and Engineering services for Sketch, Conceptual and Schematic design. I. ITEM/TOPIC East Vail Fire Station 1 Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Pierce Architects. to complete .Sketch, Conceptual and Schematic design. III. BACKGROUND Four responses to the RFP were received on July 27th. Three of the proposers were selected for interviews. The interview committee consisting of Chief Novak, Greg Hall, George Ruther and John King determined that Pierce Architects would be the best fit for the project and they were also the most cost effective. The cost of this work will be taken from the previously approved budget. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Pierce Architects to complete phases I and II for a cost of $19,000 dollars. Staff will return to the council at the end of the Schematic Design stage with a refined scope and budget to ask for permission to proceed to the Construction Document / Construction Administration phase. 8/18/2015 I(IM VAIL � Memorandum To: From: Date: Subject Town Council Public Works Department 8-18-15 Town of Vail Wayfinding and Signage Contract Award SUMMARY The Town of Vail recently received four bids for outlying bus stop and shelter sings and Ford Park Directional Signs as part of the ongoing Wayfinding and Signage project. The project replaces the existing outlying bus stop and shelter signs and placing permanent directional signs throughout Ford Park. The following bids were received and evaluated; Ad Light & Sign $ 315,450 Art Forms $ 139,158 Arapahoe Sign Arts $ 129,272 Monaco $ 295,843.84 Town staff and the design team have evaluated each bid and recommend that the Town award the contract to Arapahoe Sign Arts. Arapahoe recently successfully completed both parking structures sign package and are located in Colorado. In addition, the town received quotes for the replacement of the outlying street name signs for all street signs in Vail. We will bring this back to the Vail Town council to request direction on whether to replace the signs. RECOMMENDATION Town staff recommends Council direct the Town Manager to enter into a Contract with Arapahoe Sign Arts in an amount not to exceed $129,272. 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Any Action as a Result of Executive Session BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Town Manager's Report 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: The Town Council invites the public to join them at the Crazy Mountain Brewery's Hot Summer Nights free concert at the Gerald R. Ford Amphitheater featuring the Dirty Dozen Brass Band at 6:30 pm. 8/18/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2015 ITEM/TOPIC: Adjournment (6:30 p.m.) 8/18/2015