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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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