HomeMy WebLinkAbout2017-01-03 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, January 3, 2017
TOM Of UAJt
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Consent Agenda
2.1. Minutes from December 6, 2016 meeting
2.2. Resolution No. 1, Series of 2017, A Resolution Approving an Amendment to
Intergovernmental Agreement Between The Town Of Vail And The Colorado
Department Of Transportation Regarding 1-70 MP 180-182 - Vail Water
Quality— Town Of Vail; and Setting Forth Details in Regard Thereto
Background: The Town and CDOTwish to enter into an Intergovernmental
Agreement (the "IGA") authorizing the construction of water quality
improvements at 1-70 Exit 180 and two locations at 1-70 MP 182. The Town
has received $700,000 from Transportation Alternatives Program funding
grant for the construction of the project.
5 min.
3. Town Manager Report
3.1. Retreat for Town Council (Set Date) 5 min.
4. Action Items
4.1. Recommendation for the lottery selection process for the future
development of the Chamonix Neighborhood at West Vail.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Does the Vail Town Council support the
recommendation for the lottery selection process? If not, what specific
changes to the lottery selection process are required?
Background: Demand for purchasing a new home in the Chamonix
Neighborhood at West Vail development is high. Presently, hundreds of
people have expressed an interest in the 32 new homes slated for
60 min.
January 3, 2017 - Page 1 of 459
development. With current demand exceeding the available supply, it is
recommended that the Town of Vail conduct a lottery process for selecting
the future buyers of the new homes at the Chamonix Neighborhood.
Staff Recommendation: See Section III of the staff memorandum dated
January 3, 2017.
4.2. Selection of Executive Search Firm for Town Manager Recruitment.
Presenter(s): Krista Miller, Human Resource Director
Action Requested of Council: Select an Executive Search Firm and direct
the Town Manager to sign and enter into an agreement with the Executive
Search Firm in a form approved by the Town Attorney.
Background: Town Council interviewed four firms during the afternoon
meeting at The Grand View with the Town Council.
5. Public Hearings
5.1. Ordinance No. 35, Series of 2016, First Reading, An Ordinance
establishing Special Development District No. 41 (Marriott Residence Inn),
pursuant to Section 12-9(A), Special Development Districts, Vail Town
Code, to allow for the development of a limited service lodge and deed
restricted employee housing units and a conditional use permit for public or
commercial parking facilities or structures, located at 1783 North Frontage
Road West/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details
in regard thereto. (PEC16-0030)
Presenter(s): George Ruther, Director of Community Development and Matt
Panfil, Town Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 35, Series of 2016, upon first
reading.
Background: The purpose of the proposed Special Development District
(SDD), is to facilitate the redevelopment of the former Roost Lodge site with
a 170 unit Marriott Residence Inn limited service lodge (LSLU), 107 Type 111
deed -restricted employee housing units (EHUs), six (6) unrestricted rental
dwelling units, and a commercial parking facility, located at 1783 North
Frontage Road West.
Staff Recommendation: The Town of Vail Planning and Environmental
Commission recommends that the Vail Town Council approves, with
conditions, Ordinance No. 35, Series of 2016 on first reading, to allow for
the establishment of Special Development District No. 41, Marriott
Residence Inn, and set the date of the second reading of this ordinance for
January 3, 2017.
6. Adjournment
6.1. Adjourn at 9:30 pm
30 min.
90 min.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for
public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media
website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
January 3, 2017 - Page 2 of 459
48 hour notification dial 711.
January 3, 2017 - Page 3 of 459
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from December 6, 2016 meeting
ATTACHMENTS:
Description
Minutes from Dec 6, 2016 meeting
TOWN Of9
January 3, 2017 - Page 4 of 459
Vail Town Council Meeting Minutes
Tuesday, December 6, 2016
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 Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Andy Daly, resident and former Vail Council member and Mayor, presented his ideas about
housing with a request to develop a "strategic housing plan, more information that would clarify
the council's position about open lands and housing, and a very public process if the town would
proceed with USFS land trades.
Paul Rondeau, resident, spoke about workforce housing, his recent letter to Vail Town Council
members, and his workforce site selection decision table, outlined with the acronym FACETS.
He encouraged the Council to be sure to have defined objectives and guidelines for housing
decisions and requested more opportunities for public involvement and transparency.
Mayor Chapin responded with some comments about the open lands planning process which is
just beginning. He noted there have been no final decisions made about using open lands for
development. He commented that this is a time to review ideas and get public input; he spoke
about the town's public discussions taking place at multiple open houses for many topics as well
as the regular scheduled public meetings. He apologized for his emotional comments but
thought the public comments circulating were over the top and unfair to the elected officials.
Local resident Ann, expressed disappointment about the Chamonix project noting the proposed
price points as too high; she wants to live in Vail and not down valley but could not afford a unit
in the project with the proposed sale prices.
2. Proclamations
2.1. Proclamation No. 8, Series of 2016, Declaring December 9, 2016 as "WhoVail Day"
Presenter(s): Dave Chapin, Mayor
Background: The Four Season Resort and Residences Vail hosts a holiday celebration annually
with a Whoville-inspired gingerbread house and holiday music from Vail Mountain School
Town Council Meeting Minutes of December 6, 2016 Page 1
January 3, 2017 - Page 5 of 459
chorus for all of Vail's guests and community to enjoy. This year's festivities are taking place on
December 9.
Moffet moved to approve Proclamation No. 8; Bruno seconded the motion and it passed (7-0).
3. Consent Agenda
3.1. Minutes from November 1, 2016 meeting
3.2.1 Minutes from November 15, 2016 meeting
3.2.2 Resolution No. 36, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Regarding Animal Services;
and Setting Forth Details in Regards Thereto.
Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0).
4. Town Manager Report
4.1. Propose Annual Community Meeting Date as March 14, 2017
The date of March 14, 2017 was confirmed for the annual community meeting.
5. Presentations / Discussion
5.1. Update on the Chamonix Neighborhood at West Vail Development Plan
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: To effectively and efficiently move forward with the Chamonix
Neighborhood development a number of key decisions must be addressed before moving
forward with any next steps. The key decisions include:
• Are there any significant changes that need to be made to the floor plan designs before
continuing forward with design development drawings and construction budgeting process?
• Does the Vail Town Council authorize the Team to move forward with the unit mix as
presented?
The project team was present as follows: George Ruther, Town of Vail, Will Hentschel, 359
Design, Michael O'Conner, Triumph Development, Mike Cuthbertson, RA Nelson. Ruther and
the team reviewed the following:
BACKGROUND of the project.
DEVELOPMENT SCHEDULE as follows:
• December 12th — Work session with the Planning & Environmental Commission
• December 12th — 16th - Small Focus Group Meetings
• December 20th — Vail Town Council sign off to proceed (unit mix and floor plans)
• December 21st - Conceptual review with the Design Review Board
• January 9th — Final review by the Planning & Environmental Commission
• January 9th — Launch marketing and reservation campaign
• January 9th — 13th — Community Open Houses
• December 6, 2016 - Page 31 of
• January 10th — Release Development Team to begin preparing construction documents
• January 18th — Final review by the Design Review Board
• February 7th — Vail Town Council final phasing sign off
• May 2017 — Complete lottery selection process
• October 2017 — First homes ready for occupancy
Town Council Meeting Minutes of December 6, 2016 Page 2
January 3, 2017 - Page 6 of 459
NEW HOME UNIT MIX AND FLOOR PLAN DESIGN
The Development Team has prepared unit mix and floor plan designs for the Chamonix
Neighborhood at West Vail development. A total of ten buildings (Building 1 thru 10) are
proposed on the site. The ten buildings are an assemblage of five different building types
(Building Type A thru E).
The five building types are comprised of five different floor plans (Type 1 thru 5) varying in size
from approximately 1,130 square feet (GRFA) to 2,676 square feet, including garage area. The
garage areas varying in size from a one -car garage at 300 square feet to a two -car garage at
600 square feet. Two, two-bedroom, two bath, floor plan designs are proposed (Type 1 & 2) and
three, three-bedroom, floor plan designs are proposed (Type 3, 4, & 5).
There was some discussion about which unit types might be more desirable by the public,
design with one car garages?
Michael O'Connor presented the MARKETING AND RESERVATIONS CAMPAIGN which
includes some of the following tasks:
- Project Design
• Site plan with community amenities
• Colored architectural plans/elevations for marketing package
• Renderings
• Unit amenity and specifications
- Home sales price
- Project website
- Chamonix Neighborhood at West Vail Sales Center at Community Development to meet with
prospective buyers. This will include floor plans, material specifications, finish boards, digital
presentations, site plans, HOA documents, etc.
- Qualified Buyer questionnaire
- List of Frequently Asked Questions
• Lottery process and qualification requirements
• Financing options and local buyer assistance programs
• Buyer assistance classes and information
• Deed restriction and price escalation cap terms
• Advantages of systems -built construction
Additional tasks will also include:
• Finalize marketing materials, website & questionnaire
• Host community focus groups
There was a comment about the need to better understand the proposed purchase price
compared with the prequalified income levels of interested purchasers. Additionally, the topic of
further subsidizing the units would need some discussion. Chapin invited public input at this
time.
Allie Katz, Eagle County resident, expressed her hopes that those living in Vail Commons and
Miller Ranch might see Chamonix as the next step in housing; if this were the case she would
then have a chance to afford the entry level housing offered in Vail.
Tim Beall, Vail Commons resident, shared that he would prefer more space to a garage and
noted the project is too high priced. He also submitted a letter expressing his concerns about
the project and that the units are not affordable.
Town Council Meeting Minutes of December 6, 2016 Page 3
January 3, 2017 - Page 7 of 459
Andrew Benedict, Bellflower Drive resident of 20 years, in lottery for 2 years and asked
questions about how the lottery will work, why the units are not more affordable, doesn't agree
with the current lottery system.
Kim Bell Williams, Valley Home Store, provided some facts about the prequalified buyers for
Miller Ranch homes, with price points between $225K and $450K. She spoke about some of
their deed restricted guidelines.
There was no further public input given at this time. Chapin noted again the questions that need
to be answered:
• Are there any significant changes that need to be made to the floor plan designs before
continuing forward with design development drawings and construction budgeting process?
• Does the Vail Town Council authorize the Team to move forward with the unit mix as
presented?
There were some comments about the need to decide the unit mix and whether further
subsidies would be given. There was a request to review construction costs as well; Ruther
reviewed price estimates for Plans B & C. Chapin noted the item would be scheduled for
discussion again on Dec 20, with further review of costs, subsidy levels and public input. Ruther
noted this would delay the proposed timeline for the completion of tasks.
6. Action Items
6.1. Resolution No 34, Series of 2016, A Resolution of the Vail Town Council Appointing the
Vail Local Housing Authority as the Town's Agent to Negotiate and Purchase Deed Restrictions
in the Town.
Presenter(s): George Ruther, Director of Community Development
Background: The Vail Town Council is being asked to support the amended recommendation
for the process and procedures for determining deed restriction acquisitions as adopted by the
Vail Housing 2027 Strategic Plan
Ruther shared the new decision making structure which the resolution adopts (diagram below);
the decision-making authority would be transferred to the Vail Local Housing Authority rather
than the Town Council. It was noted the resolution outlines criteria in which to follow when
making the decisions about purchasing deed restrictions, outlined in Section 3.
A New Decision - Making Structure
lorip..-
Vail Town Ccuneil
(Po 1icy)
Vail Local Housing
Authority
(Implementation)
TownStaff
i,dministrdtier'�
Town Council Meeting Minutes of December 6, 2016 Page 4
January 3, 2017 - Page 8 of 459
The following criteria and findings shall be used by the VLHA when determining whether to
acquire a deed restriction:
• Supports and maintains a permanent year-round resident population that grows a diverse
community where a wide range of demographics, economics, occupations and family
household sizes are served.
• Furthers the goal adopted in the Vail Housing 2027 Strategic Plan
• Consistent with the housing policies adopted by the Vail Town Council for the acquisition of
deed restrictions for resident housing
• Demonstrated demand exists within the resident housing market for the type of residential
product (studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted
• Fulfills a demonstrated need within a defined segment (i.e. for rent, for sale, owner
occupied, etc.) of the residential property market.
• Demonstrates a quantifiable return on investment based upon the conclusions of the
Economic Value of the Town's Investment in Employee Housing Report, prepared by BBC,
dated March 12, 2012
• The market value of the deed restriction is comparable in value to other existing deed
restrictions within the community as demonstrated by a licensed real estate appraiser
• Most cost effective and efficient use of the Town's limited supply of financial resources
• Fair market value is paid for the deed restriction relative to current market conditions (i.e.
supply & demand)
• A transaction cap of $200,000 per dwelling unit to be deed restricted
There were several council comments related to:
✓ Request for more frequent reports at six month intervals on acquisitions, the need for
internal auditing and second signature on documents requirement
✓ Transition cap of $200K per dwelling unit to be deed restricted
✓ The ability to revoke the designation at any time
It was noted that Finance would continue to work this the implementation of the resolution with
the Town Manager and VLHA. Moffet moved to approve Resolution No 34, Series of 2016, A
Resolution of the Vail Town Council Appointing the Vail Local Housing Authority as the Town's
Agent to Negotiate and Purchase Deed Restrictions in the Town; Langmaid seconded the
motion. Chapin invited public input and no input was given. The motion passed (7-0).
6.2. Ordinance No. 33, Series of 2016, First Reading, An Ordinance Making Adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch
Services Fund, and Heavy Equipment Fund
Presenter(s): Carlie Smith, Senior Budget Analyst
Several highlights were presented for each of the funds, summaries follow:
General Fund:
✓ Staff requested an overall increase in budgeted expenditures of $131,790, which includes a
$50,000 decrease in budgeted expenses as a result of the withdrawal of America's Winter
Opening events by the Vail Valley Foundation and $158,290 relating to expenditures
corresponding to the reimbursements.
✓ The remaining $23,500 of expenditures includes $8,500 for a police evidence system to
manage and track evidence inventory; and $15,000 of additional contract audit fees that
resulted in sales tax collections of $150,000.
Town Council Meeting Minutes of December 6, 2016 Page 5
January 3, 2017 - Page 9 of 459
✓ These adjustments to the General Fund 2016 budget result in a net increase of $53.7K, with
a resulting fund balance of $23.6 million by the end of 2016, or 64% of annual revenues.
Capital Fund:
✓ Budgeted revenue will be decreased by a total of $9,686. This includes a decrease in rent
collections of $38,160 from the Vail Commons homeowners association that will instead be
managed by the HOA to fund capital improvements in the general common elements of the
property.
✓ Staff is requesting to supplement 2016 expenditures by a total of $388,474.
✓ Other than the expenditures corresponding to the reimbursements mentioned above, staff is
requesting to bring forward $210,000 from the 2017 budget to place an order for a plow
truck (for delivery and payment in 2017). The dollars should be appropriated in the year the
town is under contract. The Capital Projects Fund will be reduced by this amount during the
first supplemental of 2017.
✓ The Slifer Fountain and Plaza project was intentionally moved into the Capital Projects Fund
budget rather than the RETT Fund for estimated 2017 expenditures based on available fund
balances and the amount of sewer line and infrastructure work involved. The initial project
expenditures of $150,000 budgeted in 2016 now also need to be included in the Capital
Fund, but will be reduced in the RETT Fund. The proposed budget adjustments will result in
an estimated fund balance of $15.8 million by the end of 2016
Real Estate Transfer Tax (RETT) Fund
✓ Budgeted revenues will be increased by $180,000. This includes $10,000 of bag fee
revenue to be offset by a corresponding expenditure of $10,000 for E -Waste Collection Day.
✓ The remaining $170,000 is a reimbursement from the Vail Recreation District that will
partially offset additional expenditures of $620,000 to complete the Vail Golf and Nordic
Clubhouse. The project encountered several unanticipated circumstances as well as design
changes and decisions on "finishes" that resulted in a final projected cost of $11.0 million.
✓ Staff is requesting to supplement 2016 expenditures by a total of $480,000. This includes
the expenditures corresponding to the reimbursements mentioned above offset by the
$150,000 reduction of the 2016 Slifer Fountain and Plaza budget.
✓ The proposed budget adjustments will result in an estimated fund balance of $4.4 million by
the end of 2016.
Cleveland moved to approve Ordinance No. 33, Series of 2016, First Reading, An Ordinance
Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund. Moffet seconded the
motion. No one submitted any public input. The motion passed (7-0).
7. Public Hearings
7.1. Ordinance No. 32, Series of 2016, Second Reading, An Ordinance Providing for the
Levy Assessment and Collection of the Town Property Taxes Due for the 2016 Tax Year and
Payable in the 2017 Fiscal Year
Presenter(s): Kathleen Halloran, Finance Director
Background: The town is required by Colorado state law to certify the mill levy by December 25
each year.
Town Council Meeting Minutes of December 6, 2016 Page 6
January 3, 2017 - Page 10 of 45
Moffet moved to approve Ordinance No. 32, Series of 2016, Second Reading, An Ordinance
Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2016
Tax Year and Payable in the 2017 Fiscal Year. Foley seconded the motion. No pubic input was
given. The motion passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at
8:10 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of December 6, 2016 Page 7
January 3, 2017 - Page 11 of 45
TOWN Of UAJL
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 1, Series of 2017, A Resolution Approving an Amendment to
Intergovernmental Agreement Between The Town Of Vail And The Colorado Department Of
Transportation Regarding 1-70 MP 180-182 - Vail Water Quality— Town Of Vail; and Setting Forth
Details in Regard Thereto
BACKGROUND: The Town and CDOT wish to enter into an Intergovernmental Agreement (the
"IGA") authorizing the construction of water quality improvements at 1-70 Exit 180 and two locations
at 1-70 MP 182. The Town has received $700,000 from Transportation Alternatives Program
funding grant for the construction of the project.
ATTACHMENTS:
Description
Resolution No. 1 Series of 2017
IGA
January 3, 2017 - Page 12 of 45
RESOLUTION NO. 1
Series of 2017
A RESOLUTION APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION
REGARDING 1-70 MP 180-182 — VAIL WATER QUALITY— TOWN OF VAIL; 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 "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified; and
WHEREAS, the Town currently has budgeted the required local match; and
WHEREAS, the Federal Highway Administration (the "FHWA ") allocates funds for local
transportation projects; and
WHEREAS, the Town is requesting FHWA funds for the construction of the 1-70 MP 180-182 -
Vail Water Quality— Town of Vail (the "Project "); and
WHEREAS, the Colorado Department of Transportation ("CDOT ") is responsible for the general
administration and supervision of performance by the Town for the Project: and
WHEREAS, the Town and CDOT wish to enter into an Intergovernmental Agreement (the "IGA ")
authorizing the construction of the Project; and
WHEREAS, the Council finds and determines that IGA is necessary and will promote the health,
safety, morals, and general welfare of the Town; and
WHEREAS, the Council's approval of Resolution No. 1, Series 2017, is required to enter into an
IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager to
enter into the IGA with CDOT, 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 3rd day of January, 2017.
Dave Chapin, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
January 3, 2017 - Page 13 of 45
[Project:I-70 MP 180 - 182 PWQ TAP 0702-376 (21752)
Region: 3 (JH)
OLA #: 331001569
Routing #: 17-HA3-XC-00064
(FMLAWRK) Rev. 7/8/09
STATE OF COLORADO
Department of Transportation
Agreement
with
TOWN OF VAIL
TABLE OF CONTENTS
1. PARTIES 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2
3. RECITALS 2
4. DEFINITIONS 2
5. TERM AND EARLY TERMINATION 3
6. SCOPE OF WORK 3
7. OPTION LETTER MODIFICATION 6
8. PAYMENTS 7
9. ACCOUNTING 9
10. REPORTING - NOTIFICATION 9
11. LOCAL AGENCY RECORDS 10
12. CONFIDENTIAL INFORMATION -STATE RECORDS 10
13. CONFLICT OF INTEREST 11
14. REPRESENTATIONS AND WARRANTIES 11
15. INSURANCE 12
16. DEFAULT -BREACH 13
17. REMEDIES 13
18. NOTICES and REPRESENTATIVES 15
19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 15
20. GOVERNMENTAL IMMUNITY 15
21. STATEWIDE CONTRACT MANAGEMENT SYSTEM 15
22. FEDERAL REQUIREMENTS 16
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 16
24. DISPUTES 16
25. GENERAL PROVISIONS 16
26. COLORADO SPECIAL PROVISIONS 19
27. SIGNATURE PAGE 21
28. EXHIBIT A - SCOPE OF WORK
29. EXHIBIT B - LOCAL AGENCY RESOLUTION
30. EXHIBIT C - FUNDING PROVISIONS
31. EXHIBIT D - OPTION LETTER
32. EXHIBIT E - LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
33. EXHIBIT F - CERTIFICATION FOR FEDERAL -AID CONTRACTS
34. EXHIBIT G - DISADVANTAGED BUSINESS ENTERPRISE
35. EXHIBIT H - LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
36. EXHIBIT I - FEDERAL -AID CONTRACT PROVISIONS
37. EXHIBIT J - FEDERAL REQUIREMENTS
38. EXHIBIT K - SUPPLEMENTAL FEDERAL PROVISIONS
Document Builder Generated Page 1 of 21
Rev. 12/09/2016
January 3, 2017 - Page 14 of 45
OLA #: 331001569
Routing #: 17-HA3-XC-00064
1. PARTIES
THIS AGREEMENT is entered into by and between TOWN OF VAIL (hereinafter called the "Local Agency"),
and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the
"State" or "CDOT").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or their designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or
reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment and the required approval, clearance
and coordination have been accomplished from and with appropriate agencies.
i. Federal Authority
Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21st Century" of
1998 (TEA -21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users" (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United States Code
and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended,
(collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have been and are
expected to continue to be allocated for transportation projects requested by the Local Agency and
eligible under the Surface Transportation Improvement Program that has been proposed by the State and
approved by the Federal Highway Administration ("FHWA").
ii. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible
for the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract
with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116,
43-2-101(4)(c) and 43-2-104.5.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Agreement.
C. Purpose
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT's
Stewardship Agreement with the FHWA.
D. References
All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments contained herein
or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Agreement or Contract
"Agreement" or "Contract" means this Agreement, its terms and conditions, attached exhibits, documents
incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits,
attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and Policies.
B. Agreement Funds
"Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement.
C. Budget
"Budget" means the budget for the Work described in Exhibit C.
D. Consultant and Contractor
"Consultant" means a professional engineer or designer hired by Local Agency to design the Work and
"Contractor" means the general construction contractor hired by Local Agency to construct the Work.
Document Builder Generated Page 2 of 21
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January 3, 2017 - Page 15 of 45
OLA #: 331001569
Routing #: 17-HA3-XC-00064
E Evaluation
"Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria
established in §6 and Exhibits A and E.
F. Exhibits and Other Attachments
The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of
Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E
(Checklist), Exhibit F (Certification for Federal -Aid Funds), Exhibit G (Disadvantaged Business
Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal -Aid Contract Provisions), Exhibit J
(Federal Requirements) and Exhibit K (Supplemental Federal Provisions).
G. Goods
"Goods" means tangible material acquired, produced, or delivered by the Local Agency either separately or
in conjunction with the Services the Local Agency renders hereunder.
H. Oversight
"Oversight" means the term as it is defined in the Stewardship Agreement between CDOT and the Federal
Highway Administration ("FHWA") and as it is defined in the Local Agency Manual.
I. Party or Parties
"Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency
J. Work Budget
Work Budget means the budget described in Exhibit C.
K. Services
"Services" means the required services to be performed by the Local Agency pursuant to this Contract.
L. Work
"Work" means the tasks and activities the Local Agency is required to perform to fulfill its obligations under
this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods.
M. Work Product
"Work Product" means the tangible or intangible results of the Local Agency's Work, including, but not
limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM AND EARLY TERMINATION
The Parties' respective performances under this Agreement shall commence on the Effective Date. This
Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated
or completed as demonstrated by final payment and final audit.
6. SCOPE OF WORK
A. Completion
The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work
performed prior to the Effective Date or after final acceptance shall not be considered part of the Work.
B. Goods and Services
The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement
shall be accomplished using the Contract Funds and shall not increase the maximum amount payable
hereunder by the State.
C. Employees
All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be considered
the Local Agency's, Consultants', or Contractors' employee(s) for all purposes and shall not be employees
of the State for any purpose.
D. State and Local Agency Commitments
i. Design
If the Work includes preliminary design or final design or design work sheets, or special provisions and
estimates (collectively referred to as the "Plans"), the Local Agency shall comply with and be responsible
for satisfying the following requirements:
a) Perform or provide the Plans to the extent required by the nature of the Work.
b) Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
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c) Prepare provisions and estimates in accordance with the most current version of the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d) Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e) Stamp the Plans produced by a Colorado Registered Professional Engineer.
f) Provide final assembly of Plans and all other necessary documents.
g) Be responsible for the Plans' accuracy and completeness.
h) Make no further changes in the Plans following the award of the construction contract to contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT and when final they shall be incorporated herein.
ii. Local Agency Work
a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document "ADA Accessibility
Requirements in CDOT Transportation Projects".
b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes
in the Plans that are directed by the State to comply with FHWA requirements.
c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or of construction administration. Provided, however, if federal -aid funds are involved in the
cost of such Work to be done by such Consultant, such Consultant contract (and the
performance/provision of the Plans under the contract) must comply with all applicable
requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as
provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with
a Consultant for the Work:
(1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State's approval. If not approved by the State, the Local Agency shall not enter
into such Consultant contract.
(2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
(3) Local Agency shall require that all billings under the Consultant contract comply with the
State's standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
(4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
(5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from the Local Agency's attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
(6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between the Local Agency and the State (which is incorporated herein by this
reference) for the design/construction of the project. The State is an intended third -party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the Construction Contractor's shop drawings for conformance
with the contract documents and compliance with the provisions of the State's publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require the Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
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iii. Construction
If the Work includes construction, the Local Agency shall perform the construction in accordance with
the approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing Construction Contractor claims;
construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT
Stewardship Agreement, as described in the Local Agency Contract Administration Checklist.
a) If the Local Agency is performing the Work, the State may, after providing written notice of the
reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the
failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or
for such periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed
by the State to be in the public interest.
b) The Local Agency shall be responsible for the following:
(1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures.
(2) For the construction of the Work, advertising the call for bids upon approval by the State and
awarding the construction contract(s) to the low responsible bidder(s).
(a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall
comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635
and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the
Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety
verbatim into any subcontract(s) for those services as terms and conditions therefore, as
required by 23 C.F.R. 633.102(e).
(b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work
on which competitive bids have been received. The Local Agency must accept or reject
such bid within three (3) working days after they are publicly opened.
(c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject
to their availability and appropriation, necessary to complete the Work if no additional
federal -aid funds are available.
(3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by the
State.
(4) If all or part of the Work is to be accomplished by the Local Agency's personnel (i.e. by force
account) rather than by a competitive bidding process, the Local Agency shall perform such
work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635,
Subpart B, Force Account Construction.
(a) Such Work will normally be based upon estimated quantities and firm unit prices agreed
to between the Local Agency, the State and FHWA in advance of the Work, as provided
for in 23 C.F.R. 635.204(c). Such agreed unit prices shall constitute a commitment as to
the value of the Work to be performed.
(b) An alternative to the preceding subsection is that the Local Agency may agree to participate
in the Work based on actual costs of labor, equipment rental, materials supplies and
supervision necessary to complete the Work. Where actual costs are used, eligibility of cost
items shall be evaluated for compliance with 48 C.F.R. Part 31.
(c) If the State provides matching funds under this Agreement, rental rates for publicly owned
equipment shall be determined in accordance with the State's Standard Specifications for
Road and Bridge Construction § 109.04.
(d) All Work being paid under force account shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written notice to proceed.
E. State's Commitments
a) The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
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b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any major structures
designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract
Administration Checklist, Exhibit E.
F. ROW and Acquisition/Relocation
a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local
Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains
title.
b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and
regulations, including but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24),
CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives.
c) The Parties' respective compliance responsibilities depend on the level of federal participation; provided
however, that the State always retains Oversight responsibilities.
d) The Parties' respective responsibilities under each level in CDOT's Right of Way Manual (located at
http://www.dot.state.co.us/ROW_Manual/) and reimbursement for the levels will be under the following
categories:
(1) Right of way acquisition (3111) for federal participation and non -participation;
(2) Relocation activities, if applicable (3109);
(3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way
— 3114).
G. Utilities
If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company which may become involved in the Work. Prior to the Work being advertised for bids, the
Local Agency shall certify in writing to the State that all such clearances have been obtained.
a) Railroads
If the Work involves modification of a railroad company's facilities and such modification will be
accomplished by the railroad company, the Local Agency shall make timely application to the Public
Utilities commission requesting its order providing for the installation of the proposed improvements
and not proceed with that part of the Work without compliance. The Local Agency shall also establish
contact with the railroad company involved for the purpose of complying with applicable provisions of
23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities and:
b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which
costs shall be eligible for federal participation.
c) Obtain the railroad's detailed estimate of the cost of the Work.
d) Establish future maintenance responsibilities for the proposed installation.
e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
H. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and
state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
I. Maintenance Obligations
The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall
provide for such maintenance and operations obligations each year. Such maintenance and operations shall
be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining
such improvements. The State and FHWA may make periodic inspections to verify that such improvements
are being adequately maintained.
7. OPTION LETTER MODIFICATION
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An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the
encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter
modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until
signed by the State Controller or an authorized delegate.
A. Option to add a phase and/or increase or decrease the total encumbrance amount.
The State may require the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation
or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement,
with the total budgeted funds remaining the same. The State may simultaneously increase and/or decrease
the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the original Agreement
with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State
may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days
before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State
exercises this option, the Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state,
federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced
with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached
to the option letter. The funds transferred from one phase to another are subject to the same terms and
conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may
unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30)
days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Any
transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original
dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer
exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease.
C. Option to do both Options A and B.
The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer
funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.)
and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject
to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining
the same. The State may unilaterally exercise this option by providing a fully executed option to the Local
Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially
equivalent to Exhibit D.
8. PAYMENTS
The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable is set forth in Exhibit C as determined by the State from available funds.
Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in
Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate
ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to
enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution or
authority letter is attached hereto as Exhibit B.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall
initiate any payment requests by submitting invoices to the State in the form and manner approved by
the State.
ii. Interest
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The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents
performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by
the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not
to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on
unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State
separately for accrued interest on delinquent amounts. The billing shall reference the delinquent
payment, the number of days interest to be paid and the interest rate.
iii. Available Funds -Contingency -Termination
The State is prohibited by law from making commitments beyond the term of the State's current fiscal
year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent
upon the continuing availability of State appropriations as provided in the Colorado Special Provisions.
The State's performance hereunder is also contingent upon the continuing availability of federal funds.
Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract
and the State's liability for such payments shall be limited to the amount remaining of such encumbered
funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this
Contract, the State may terminate this Contract immediately, in whole or in part, without further liability
in accordance with the provisions hereof.
iv. Erroneous Payments
At the State's sole discretion, payments made to the Local Agency in error for any reason, including, but
not limited to overpayments or improper payments, and unexpended or excess funds received by the
Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under
this Contract or other contracts, Agreements or agreements between the State and the Local Agency or
by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to
any party other than the State.
C. Use of Funds
Contract Funds shall be used only for eligible costs identified herein.
D. Matching Funds
The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall
have raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. The Local Agency's obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local
Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency
Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its
authorized representatives and paid into its treasury. The Local Agency does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple -fiscal year debt of the Local Agency. The Local Agency shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the
Local Agency's laws or policies.
E. Reimbursement of Local Agency Costs
The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount
described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R.
18.22 shall govern the State's obligation to reimburse all costs incurred by the Local Agency and submitted
to the State for reimbursement hereunder, and the Local Agency shall comply with all such principles. The
State shall reimburse the Local Agency for the federal -aid share of properly documented costs related to the
Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However,
any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to
the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof.
Costs shall be:
i. Reasonable and Necessary
Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Net Cost
Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local
Agency that reduce the cost actually incurred).
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9. ACCOUNTING
The Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
A. Local Agency Performing the Work
If Local Agency is performing the Work, all allowable costs, including any approved services contributed by
the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers,
and other applicable records.
B. Local Agency -Checks or Draws
Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting
documents shall be on file in the office of the Local Agency, clearly identified, readily accessible, and to the
extent feasible, kept separate and apart from all other Work documents.
C. State -Administrative Services
The State may perform any necessary administrative support services required hereunder. The Local Agency
shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If
FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to
the Work being approved or completed, then all actual incurred costs of such services and assistance provided
by the State shall be the Local Agency's sole expense.
D. Local Agency -Invoices
The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Local Agency
for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not
be submitted more often than monthly.
E. Invoicing Within 60 Days
The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices
within 60 days after the date for which payment is requested, including final invoicing. Final payment to the
Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred
by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or
the State may offset them against any payments due from the State to the Local Agency.
F. Reimbursement of State Costs
CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The Local
Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment
within 60 days, at CDOT's request, the State is authorized to withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
CDOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until CDOT is
reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a
rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT's invoices
shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall
not be submitted more often than monthly.
10. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §18, if applicable.
A. Performance, Progress, Personnel, and Funds
The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement,
containing an Evaluation and Review of the Local Agency's performance and the final status of the Local
Agency's obligations hereunder.
B. Litigation Reporting
Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a
court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of
such pleadings to the State's principal representative as identified herein. If the State or its principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of
CDOT.
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C. Noncompliance
The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this
§10 may result in the delay of payment of funds and/or termination as provided under this Agreement.
D. Documents
Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies
of all documents, including contracts and subcontracts, in its possession related to the Work.
11. LOCAL AGENCY RECORDS
A. Maintenance
The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the
last to occur of the following: (i) a period of three years after the date this Agreement is completed or
terminated, or (ii) three years after final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the
Local Agency has received notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (collectively, the "Record Retention Period").
B. Inspection
The Local Agency shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records
related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or
to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all
reasonable times and places during the term of this Agreement, including any extension. If the Work fails to
conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring
the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work
cannot be brought into conformance by re -performance or other corrective measures, the State may require
the Local Agency to take necessary action to ensure that future performance conforms to Agreement
requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or
in conjunction with such corrective measures.
C. Monitoring
The Local Agency also shall permit the State, the federal government or any other duly authorized agent of
a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency
pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal
evaluation procedures, examination of program data, special analyses, on-site checking, formal audit
examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not
unduly interfere with the Local Agency's performance hereunder.
D. Final Audit Report
If an audit is performed on the Local Agency's records for any fiscal year covering a portion of the term of
this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal
representative at the address specified herein.
12. CONFIDENTIAL INFORMATION -STATE RECORDS
The Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records, personnel records, and information concerning individuals. Nothing in this §12 shall be construed
to require the Local Agency to violate the Colorado Open Records Act, C.R.S. § 24-72-101 et seq.
A. Confidentiality
The Local Agency shall keep all State records and information confidential at all times and to comply with
all laws and regulations concerning confidentiality of information. Any request or demand by a third party
for State records and information in the possession of the Local Agency shall be immediately forwarded to
the State's principal representative.
B. Notification
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The Local Agency shall notify its agents, employees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by the Local
Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The
Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be retained
in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved
by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by the Local Agency for any reason may be
cause for legal action by third parties against the Local Agency, the State or their respective agents. The
Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the
State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees
pursuant to this §12.
13. CONFLICT OF INTEREST
The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of the Local Agency's obligations hereunder. The Local
Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmful
to the State's interests. Absent the State's prior written approval, the Local Agency shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local
Agency's obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain
whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a
disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a
disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of
this Agreement.
14. REPRESENTATIONS AND WARRANTIES
The Local Agency makes the following specific representations and warranties, each of which was relied on by
the State in entering into this Agreement.
A. Standard and Manner of Performance
The Local Agency shall perform its obligations hereunder, including in accordance with the highest
professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement.
B. Legal Authority — The Local Agency and the Local Agency's Signatory
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has
taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind the
Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of
the Local Agency's authority to enter into this Agreement within 15 days of receiving such request.
C. Licenses, Permits, Etc.
The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the
term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and
other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it
shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations
required to properly perform this Agreement, without reimbursement by the State or other adjustment in
Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under
this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The
Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
further warrants that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered agent in Colorado to accept service
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of process. Any revocation, withdrawal or non -renewal of licenses, certifications, approvals, insurance,
permits or any such similar requirements necessary for the Local Agency to properly perform the terms of
this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for
termination of this Agreement.
15. INSURANCE
The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to the Local Agency and the State.
A. The Local Agency
i. Public Entities
If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, CRS §24-10-101, et seq., as amended (the "GIA"), then the Local Agency shall maintain at all times
during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance
satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with
their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance
requirements necessary to meet Consultant or Contractor liabilities under the GIA.
ii. Non -Public Entities
If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the
Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and
policies meeting the same requirements set forth in § 15(B) with respect to sub -contractors that are not
"public entities".
B. Contractors
The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than
those that are public entities, providing Goods or Services in connection with this Agreement, to include
insurance requirements substantially similar to the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of the Local Agency's Contractors, Subcontractors, or Consultant's employees acting within
the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket liability, personal injury, and advertising liability with minimum limits as follows: (a)
$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed
operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000
because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain
additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or
other document satisfactory to the Local Agency showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
The Local Agency and the State shall be named as additional insured on the Commercial General
Liability policies (leases and construction contracts require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of the Consultants or Contractors shall be primary over any insurance or self-
insurance program carried by the Local Agency or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal without at
least 45 days prior notice to the Local Agency and the State by certified mail.
vii. Subrogation Waiver
All insurance policies in any way related to this Agreement and secured and maintained by the Local
Agency's Consultants or Contractors as required herein shall include clauses stating that each carrier
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shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State,
its agencies, institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing
insurance coverage required hereunder to the State within seven business days of the Effective Date of this
Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and
each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of
insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the
term of this Agreement or any sub -contract, the Local Agency and each contractor, subcontractor, or
consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of
compliance with the provisions of this §15.
16. DEFAULT -BREACH
A. Defined
In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner constitutes
a breach.
B Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §18. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to
the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may
immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
17. REMEDIES
If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies
listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice
and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to
ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State
may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local
Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at its option,
may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a
failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if
any.
i. Obligations and Rights
To the extent specified in any termination notice, the Local Agency shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and sub -Agreements with third parties. However, the Local Agency shall complete
and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may
incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the
State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under
such terminated orders or sub -Agreements. Upon termination, the Local Agency shall take timely,
reasonable and necessary action to protect and preserve property in the possession of the Local Agency
in which the State has an interest. All materials owned by the State in the possession of the Local Agency
shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered
by the Local Agency to the State and shall become the State's property.
ii. Payments
The State shall reimburse the Local Agency only for accepted performance received up to the date of
termination. If, after termination by the State, it is determined that the Local Agency was not in default
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or that the Local Agency's action or inaction was excusable, such termination shall be treated as a
termination in the public interest and the rights and obligations of the Parties shall be the same as if this
Agreement had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Agreement by the Local
Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the
State's damages, until such time as the exact amount of damages due to the State from the Local Agency
is determined. The State may withhold any amount that may be due to the Local Agency as the State
deems necessary to protect the State, including loss as a result of outstanding liens or claims of former
lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services.
The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties
replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Agreement for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder.
This subsection shall not apply to a termination of this Agreement by the State for cause or breach by the
Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify the Local Agency of the termination in accordance with §18, specifying the
effective date of the termination and whether it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same
obligations and rights set forth in § 17(A)(i).
iii. Payments
If this Agreement is terminated by the State pursuant to this § 17(B), the Local Agency shall be paid an
amount which bears the same ratio to the total reimbursement under this Agreement as the Services
satisfactorily performed bear to the total Services covered by this Agreement, less payments previously
made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local
Agency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement)
incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local
Agency's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed
the maximum amount payable to the Local Agency hereunder.
C. Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend the Local Agency's performance with respect to all or any portion of this Agreement pending
necessary corrective action as specified by the State without entitling the Local Agency to an adjustment
in price/cost or performance schedule. The Local Agency shall promptly cease performance and
incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred
by the Local Agency after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to the Local Agency until corrections in the Local Agency's performance are
satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed that due to the Local Agency's actions or inactions
cannot be performed or, if performed, would be of no value to the State; provided that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of the Local Agency's employees, agents, or contractors whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation
to this Agreement is deemed to be contrary to the public interest or not in the State's best interest.
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v. Intellectual Property
If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property
right while performing its obligations under this Agreement, the Local Agency shall, at the State's option
(a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non -infringing products or modify them so that they
become non -infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove
any infringing Goods, Services, or products and refund the price paid therefore to the State.
18. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to but not in lieu of a hard -copy notice,
notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to
time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless
otherwise provided herein, all notices shall be effective upon receipt.
A. If to State:
CDOT Region: 3
Jason Huddle
Project Manager
222 S. 6th Street, Room 317
Grand Junction, CO 81501
970-683-6253
B. If to the Local Agency:
Town of Vail
Chad Salli
Project Engineer
75 South Frontage Road W
Vail, CO 81657
970-479-2253
19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its
obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be
delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights
in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used
for any purpose other than the performance of the Local Agency's obligations hereunder without the prior written
consent of the State.
20. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from
the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees
and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the
risk management statutes, CRS §24-30-1501, et seq., as amended.
21. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §21 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206,
§24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state
agreements/contracts and inclusion of agreement/contract performance information in a statewide contract
management system.
The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of the Local Agency's performance shall be part of the normal Agreement
administration process and the Local Agency's performance will be systematically recorded in the statewide
Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality,
cost and timeliness. Collection of information relevant to the performance of the Local Agency's obligations
under this Agreement shall be determined by the specific requirements of such obligations and shall include
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factors tailored to match the requirements of the Local Agency's obligations. Such performance information shall
be entered into the statewide Contract Management System at intervals established herein and a final Evaluation,
Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall
be notified following each performance Evaluation and Review, and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross
failure to meet the performance measures established hereunder, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by CDOT, and showing of good
cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local
Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result
in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6),
exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may
result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon
showing of good cause.
22. FEDERAL REQUIREMENTS
The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution
of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing
regulations, as they currently exist and may hereafter be amended.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration
Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE
program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must
submit a copy of its program's requirements to the State for review and approval before the execution of this
Agreement. If the Local Agency uses any State- approved DBE program for this Agreement, the Local Agency
shall be solely responsible to defend that DBE program and its use of that program against all legal and other
challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not
waive or modify the sole responsibility of the Local Agency for use of its program.
24. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of
Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days
after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the
State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support
of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of this Agreement in accordance with the Chief Engineer's decision. The decision of the Executive
Director or his duly authorized representative for the determination of such appeals shall be final and conclusive
and serve as final agency action. This dispute clause does not preclude consideration of questions of law in
connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making
final the decision of any administrative official, representative, or board on a question of law.
25. GENERAL PROVISIONS
A. Assignment
The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or
subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or
subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local
Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible
for all aspects of subcontracting arrangements and performance.
B. Binding Effect
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Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and burdens,
shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and
assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition,
deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein.
F. Indemnification - General
If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees
and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its
employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not
applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Limitations of Liability
Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document
attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit,
attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily
limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages,
and (iv) the source of payment for damages.
I. Modification
i. By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective
unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and
approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State
Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF
AGREEMENTS - TOOLS AND FORMS.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth
herein
J. Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the
event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Agreement,
iii. Exhibit A (Scope of Work),
iv. Exhibit B (Local Agency Resolution),
v. Exhibit C (Funding Provisions),
vi. Exhibit D (Option Letter),
vii. Exhibit E (Local Agency Contract Administration Checklist),
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viii. Other exhibits in descending order of their attachment.
K. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
L. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if the Local Agency fails to perform or comply as required.
M. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State
and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply
when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as
the State is prohibited from paying for or reimbursing the Local Agency for them
N. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
O. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
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26. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Agreements except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 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.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR.
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee.
Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent
or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance
benefits shall be available to The Local Agency and its employees and agents only if such coverage is made
available by The Local Agency or a third party. The Local Agency shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local
Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or
understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not
be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise.
Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of
this Agreement, to the extent capable of execution.
G. 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.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions,
The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper
use of public funds. If the State determines that The Local Agency is in violation of this provision, the State
may exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
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Routing #: 17-HA3-XC-00064
I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. The Local Agency has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of The Local Agency's services and The Local Agency shall not employ any person having
such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not Applicable to intergovernmental agreements]. Subject to CRS §24-30-202.4 (3.5), the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:
(a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or
other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund;
and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or information
technology services or products and services]. The Local Agency certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and
shall confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Agreement, through participation in the E -Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), The Local Agency shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shall not use E -
Verify Program or State program procedures to undertake pre-employment screening of job applicants while
this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with
an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the
State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form
of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement.
SPs Effective 1/1/09
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Routing #: 17-HA3-XC-00064
27. 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.
THE LOCAL AGENCY
TOWN OF VAIL
Name:
By
STATE OF COLORADO
John W. Hickenlooper
Department of Transportation
(print name)
Title:
Date:
Joshua Laipply, P.E., Chief Engineer
(For) Shailen P. Bhatt, Executive Director
(print title)
*Signature
Date:
2nd Local Agency Signature if needed
Name:
By
STATE OF COLORADO
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
(print name)
Title:
(print title)
Date:
Signature Assistant Attorney General
*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 OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Colorado Department of Transportation
Date:
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28. EXHIBIT A — SCOPE OF WORK
21752 - 1-70 MP 180-182 - Vail Water Quality— Town of Vail
TAP Project —0702-376
SCOPE OF WORK
The project consists water quality ponds and structures at MP 180 at the East Vail 1-70 Frontage Road
and East Vail 1-70 Interchange and at MP 182 along 1-70. The purpose of the project is to improve
water quality from the surface runoff of 1-70 and 1-70 Frontage Roads in East Vail as recommended by
the Gore Creek Water Quality Improvement Plan (2013) and to provide and enhancement to the on-
going Vail Pass Sediment Actions Control Plan (SCAP) (2002).
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Exhibit A - Page 1 of 1
January 3, 2017 - Page 35 of 45
29. EXHIBIT B — LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit B
January 3, 2017 - Page 36 of 45
30. EXHIBIT C — FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $875,000.00, which is to be
funded as follows:
TAP 0702-376 (21752)
1
BUDGETED FUNDS
a. Federal Funds
$700,000.00
(80% of Participating Costs)
b. Local Agency Matching Funds
$175,000.00
(20% of Participating Costs)
TOTAL BUDGETED FUNDS
$875,000.00
2
ESTIMATED CDOT-INCURRED COSTS
a. Federal Share
$0.00
(0% of Participating Costs)
b.
Local Agency
$0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS
$0.00
3
ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a)
$700,000.00
b.
Less Estimated Federal Share of CDOT-Incurred Costs (2a)
$0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
$700,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $875,000.00
Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows:
$875,000.00
NOTE: Construction funds are currently not available. The Construction funds
will become available after the federal authorization and execution of an
Option Letter (Exhibit D) or Amendment.
WBS Element ««<»»>
Design
3020 $0.00
WBS Element 21752.20.10
Const
3301 $0.00
Exhibit C - Page 1 of 2
January 3, 2017 - Page 37 of 45
B. Matching Funds
The matching ratio for the federal participating funds of this Work is 80% federal -aid funds
(CFDA #20.205) to 20% Local Agency funds, it being understood that such ratio applies only to
the $875,000.00 that is eligible for federal participation, it being further understood that all
non -participating costs are borne by the Local Agency at 100%. If the total participating cost of
performance of the Work exceeds $875,000.00, and additional federal funds are made available
for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation
and 100% of all non -participating costs; if additional federal funds are not made available, the
Local Agency shall pay all such excess costs. If the total participating cost of performance of the
Work is less than $875,000.00, then the amounts of Local Agency and federal -aid funds will be
decreased in accordance with the funding ratio described herein. The performance of the Work
shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $700,000.00
(For CDOT accounting purposes, the federal funds of $700,000.00 and the Local Agency
matching funds of $175,000.00 will be encumbered for a total encumbrance of $875,000.00),
unless such amount is decreased as described in Sections B. and C. 1. of this Exhibit C, or
increased by an appropriate written modification to this Agreement executed before any
increased cost is incurred. NOTE: Construction funds are currently not available. The
Construction funds will become available after the federal authorization and execution of
an Option Letter (Exhibit D) or Amendment. It is understood and agreed by the parties hereto
that the total cost of the Work stated hereinbefore is the best estimate available, based on the
design data as approved at the time of execution of this Agreement, and that such cost is
subject to revisions (in accord with the procedure in the previous sentence) agreeable to the
parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of
the local agency's awarded contract is less than the budgeted total of the federal participating
funds and the local agency matching funds. The maximum amount payable shall be reduced
through the execution of an Option Letter as described in Section 7. A. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 from
all funding sources defined as federal financial assistance for Single Audit Act Amendment
purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States,
Local Governments and Non -Profit Organizations). The Single Audit Act Amendment
requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not
just Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure exceeding more than $750,000 -Highway Funds Only
If the Local Agency expends more than $750,000 in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program
specific audit shall be performed. This audit will examine the "financial" procedures and
processes for this program area.
iii. Expenditure exceeding more than $750,000 -Multiple Funding Sources
If the Local Agency expends more than $750,000 in Federal funds, and the Federal funds
are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is
an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
Exhibit C - Page 2 of 2
January 3, 2017 - Page 38 of 45
31. EXHIBIT D — OPTION LETTER
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND may be used in place of exercising a formal amendment.
Date:
State Fiscal Year:
Option Letter No.
Option Letter CMS Routing #
Option Letter SAP #
Original Contract CMS #
Original Contract SAP #
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to
Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and
shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
REQUIRED PROVISIONS:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a
phase that will include (describe which phase will be added and include all that apply — Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously
budgeted funds for the phase based upon changes in funding availability and authorization. The
encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)
is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces
Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for
this option for Exhibit C shall be tabled as follows: C-2, C-3, C-4, etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency's name
here), the State hereby exercises the option to transfer funds from (describe phase from which funds
will be moved) to (describe phase to which funds will be moved) based on variance in actual phase
costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and
replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future
changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than
24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be
Exhibit D - Page 1 of 2
January 3, 2017 - Page 39 of 45
made using a formal amendment)..
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency's name
here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will
include (describe which phase will be added and include all that apply — Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase
based upon changes in funding availability and authorization; and 3) to transfer funds from (describe
phase from which funds will be moved) to (describe phase to which funds will be moved) based on
variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when
using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-
4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer
greater than 24.99% must be made using a formal amendment).
(The following language must be included on ALL options):
The total encumbrance as a result of this option and all previous options and/or amendments is now
(insert total encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total
budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate
total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original
Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado
is not obligated to pay the Local Agency for such performance or for any goods and/or services
provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By:
Date:
Form Updated: December 19, 2012
Exhibit D - Page 2 of 2
January 3, 2017 - Page 40 of 45
32. EXHIBIT E — LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party
assigned for each task.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (CDOT) Project
Manager, Local Agency Project Manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement
without this completed checklist. It will be reviewed at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks.
xvii
Exhibit E - Page 1 of 5
January 3, 2017 - Page 41 of 45
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
TAP 0702-376
STIP No.
Project Code
21752
Region
3
Project Location
East Vail and 1-70 Frontage Road Water Quality Structures (1-70 MM 180 & MM 182)
Date
03-26-15
Project Description
Water quality facilities at the I-70 East Vail (MM 180) interchange and along Gore Creek at 1-70 (MM 182) near Gore Creek
campground overpass.
Local Agency
Town of Vail
Dept. of Public Works
Local Agency Project Manager
Mr. Chad Salli, Project Engineer
(cSalligvailgov.cern) / 970-479-2169
CDOT Resident Engineer
Martha Miller 1970-683-9933
CDOT Project Manager
Joe Carter 1970-683-6253
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The 'X' denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor
the Local Agency is responsible fora task, not applicable (NA) shall be noted. In addition, a "#" will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who WIl perterm all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
funding.
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP 1 STIP AND LONG-RANGE PLANS
2.1 1 Review Project to ensure itis consist with STIP and amendments thereto I 1 X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1
Authorize funding by phases (CDOT Form 418- Federal -aid Program Data. Requires FHWA
con cu rren cell nvolvement )
X
PROJECT DEVELOPMENT
5.1
Prepare Design Data - CDOT Form 463
X
5.2
Prepare Local Agency/CDOT Inter -Governmental Agreement (see also Chapter 3)
X
5.3
Conduct Consultant Selection/Execute Consultant Agreement
X
5.4
Conduct Design Scoping Review Meeting
X
5.5
Conduct Public Involvement
X
5.6
Conduct Field Inspection Review (FIR)
X
5.7
Conduct Environmental Processes (may require FHWA concurrencelnvolvement)
X
5.8
Acquire Right -of -Way (may require FHWA concurrence/involvement)
X
5.9
Obtain Utility and Railroad Agreements
X
5.10
Conduct Final Office Review (FOR)
X
CDOT Form 1243 REVISION DATE: DEC 2014 Page/ of 4
Previous editions are obsolete and may not be used.
Exhibit E - Page 2 of 5
January 3, 2017 - Page 42 of 45
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
5.11
Justify Force Account Work by the Local Agency
X
5.12
Justify Proprietary, Sole Source, er Local Agency Furnished Items
X
5.13
Document Design Exceptions - CDOT Form 464
X
5.14
Prepare Plans, Specifications and Construction Cost Estimates
X
5.15
Ensure Authorization of Funds for Construction
X
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
8.1
Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and
Construction Contracts (COOT Region EEO/Civil Rights Specialist)
X
6.2
Determine Applicability of Davis -Bacon Act
This project ❑ is Kis not exempt from Davis -Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt)
Martha Miller P E 03-26-2015
X
CDOT Resident Engineer (Signature en File) Date
6.3
Set On -the -Job Training Goals. Goal is zero if total construction is less than $1 million (COOT
Region EEO/Civil Rights Specialist)
X
6.4
Title VI Assurances
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
EnterprisetOn-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (COOT Resident Engineer)
X
ADVERTISE, BID AND AWARD
7.1
Obtain Approval for Advertisement Period of Less Than Three Weeks
X
7.2
Advertise for Bids
X
7.3
Distribute "Advertisement Set' of Plans and Specifications
X
7.4
Review Worksite and Plan Details with Prospective Bidders While Project Is Under
Advertisement
X
7.5
Open Bids
X
7.6
Process Bids for Compliance
Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals
X
Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet
DBE goals
X
Submit required documentation for COOT award concurrence
X
7.7
Concurrence from CDOT to Award
X
7.8
Approve Rejection of Low Bidder
X
7.9
Award Contract
X
7.10
Provide "Award' and "Record' Sets of Plans and Specifications
X
CONSTRUCTION MANAGEMENT
8.1
Issue Notice to Proceed to the Contractor
X
8.2
Project Safety
X
X
8.3
Conduct Conferences:
Pre -Construction Conference (Appendix By
X
Pre -survey
• Construction staking
• Monumentation
X
X
Partnering (Optional)
X
Structural Concrete Pre -Pour (Agenda is in COOT Construction Manua*
X
Concrete Pavement Pre -Paving (Agenda is in COOT Construction Manua0
X
HMA Pre -Paving (Agenda is in COOT ConstructionManuat)
X
8.4
Develop and distribute Public Notice of Planned Construction to media and local residents
X
8.5
Supervise Construction
COOT Form 1243 REVISION DATE: DEC 2014 Page 2 of 4
Previous editions are obsolete and may not be used.
Exhibit E - Page 3 of 5
January 3, 2017 - Page 43 of 45
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of
construction supervision."
Mr. Chad Salli, Town of Vail 970-479-2169
X
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
X
Construction inspection and documentation
X
8.6
Approve Shop Drawings
X
8.7
Perform Traffic Control Inspections
X
8.8
Perform Construction Surveying
X
8.9
Monument Right -of --Way
X
8.10
Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Mr. Chad Salt, Town of Vail 970-479-2169
X
Local Agency Representative Phone number
8.11
Prepare and Approve Interim and Final Utility and Railroad Billings
X
8.12
Prepare and Authorize Change Orders
X
8.13
Submit Change Order Package to CDOT
X
8.14
Prepare Local Agency Reimbursement Requests
X
8.15
Monitor Project Financial Status
X
8.16
Prepare and Submit Monthly Progress Reports
X
8.17
Resolve Contractor Claims and Disputes
X
8.18
Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Martha Miller, P. E. 970-683-9933
X
CDOT Resident Engineer Phone number
MATERIALS
9.1
Discuss Materials at Pre -Construction Meeting
• Buy America documentation required prior to installation of steel
X
9.2
Complete CDOT Form 250 - Materials Documentation Record
• Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
• Update the form as v ork progresses
• Complete and distribute form after work is completed
X
9.3
Perform Project Acceptance Samples and Tests
X
9.4
Perform Laboratory Verification Tests
X
9.5
Accept Manufactured Products
Inspection of structural components:
• Fabrication of structural steel and pre -stressed concrete structural components
• Bridge modular expansion devices (Cr to 6" or greater)
• Fabrication of bearing devices
X
X
X
X
9.6
Approve Sources of Materials
X
9.7
Independent Assurance Testing {IAT), Local Agency Procedures 0 CDOT Procedures
• Generate IAT schedule
• Schedule and provide notification
• Conduct IAT
X
X
X
9.8
Approve mix designs
• Concrete
• Hot mux asphalt
X
X
X
X
9.9
Check Final Materials Documentation
X
9.10
Complete and Distribute Final Materials Documentation
X
X
COOT Form 1243 REVISION DATE: DEC 2014 Page 3 of 4
Previous editions are obsolete and may not be used.
Exhibit E - Page 4 of 5
January 3, 2017 - Page 44 of 45
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1
Fulfill Project Bulletin Board and Pre -Construction Packet Requirements
X
16.2
Process CDOT Form 205 - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
X
X
10.3
Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
X
10.4
Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
"Commercially Useful Function" Requirements
X
10.5
Conduct Interviews When Project Utilizes On -the -Job Trainees. Complete CDOT Form 200 -
OJT Training Questionnaire
X
10.6
Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.)
X
10.7
Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report
X
FINALS
11.1
Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X
11.2
Write Final Project Acceptance Letter
X
11.3
Advertise for Final Settlement
X
11.4
Prepare and Distribute Final As -Constructed Plans
X
11.5
Prepare EEO Certification
X
11.6
Check Final Quantities, Plans, and Pay Estimate, Check Project Documentation; and submit
Final Certifications
X
117
Check Material Documentation and Accept Final Material Certification (See Chapter 9)
X
11.8
Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer
X
NfA
11.10
Complete and Submit COOT Form 1212 — Final Acceptance Report (by CDOT)
X
11.11
Process Final Payment
X
11.12
Complete and Submit CDOT Form 950 - Project Closure
X
11.13
Retain Project Records for Six Years from Date of Project Closure
X
11.14
Retain Final Version of Local Agency Contract Administration Checklist
X
x
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
COOT Farm 1243 REVISION DATE: DEC 2014 Page 4 of 4
Previous editions are obsolete and may not be used.
Exhibit E - Page 5 of 5
January 3, 2017 - Page 45 of 45
33. EXHIBIT F — CERTIFICATION FOR FEDERAL -AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement,
loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer of Congress, or an employee of a Member of Congress
in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
Exhibit F - Page 1 of 1
January 3, 2017 - Page 46 of 45
34. EXHIBIT G — DISADVANTAGED BUSINESS ENTERPRISE
1. Program Objective and Assurance:
It is the objective of the State to create a level playing field upon which Disadvantaged Business
Enterprises (DBEs) can compete fairly for DOT -assisted contracts. By entering into this Agreement,
the Local Agency hereby agrees to the following:
The Local Agency shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any DOT -assisted contract or in the administration of the DBE program
or the requirements of 49 CFR part 26. The Local Agency shall take all necessary and reasonable
steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -
assisted contracts. The State's DBE program, as required by 49 CFR part 26 and as approved by
DOT, is incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.).
Each contract the Local Agency signs with a subcontractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient deems
appropriate.
2. DBE Contract Goals:
Each scope of work prepared to procure consultant services or construction of the Work shall be
evaluated by the CDOT Regional Civil Rights Office to determine a contract goal. The Local Agency
shall be responsible for ensuring that the contract goal is incorporated into the procurement
advertisement and accompanied by either:
a. For consultant services, CDOT's then current process for evaluating the Consultant's
proposed DBE participation; or an alternative proposed by the local agency and approved by
CDOT.
b. For construction, the CDOT DBE Standard Special Provision and all related forms.
The Local Agency shall submit the Statement of Interest (consultants) and/or DBE Forms
(Construction) to the CDOT Civil Rights and Business Resource Center for review and concurrence
prior to award.
3. Compliance:
With the assistance of the Local Agency, the CDOT Regional Civil Rights Office shall oversee the
subcontractor's performance toward the contract goal.
Revised 11/2013
Exhibit G - Page 1 of 1
January 3, 2017 - Page 47 of 45
35. EXHIBIT H — LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project
agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1
states "The policies and procedures involve federally funded contracts for engineering and design
related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure
that a qualified consultant is obtained through an equitable selection process, that prescribed work is
properly accomplished in a timely manner, and at fair and reasonable cost" and according to 23 CFR
172.5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local
agencies must comply with these CFR requirements when obtaining professional consultant services
under a federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations
guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook
incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-
30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from
CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own
written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite
lengthy, the subsequent steps serve as a short -hand guide to CDOT procedures that a local agency
must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR
172. The steps are:
1. The contracting local agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed
scope of work and a list of evaluation factors and their relative importance. The evaluation
factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be
prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of
C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15
days prior to the selection of the three most qualified firms and the advertising should be done
in one or more daily newspapers of general circulation.
4. The request for consultant services should include the scope of work, the evaluation factors
and their relative importance, the method of payment, and the goal of 10% for Disadvantaged
Business Enterprise (DBE) participation as a minimum for the project.
5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-
1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT
pre -qualified prime consultants and their team. It also shows which criteria are used to short-list
and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
Exhibit H - Page 1 of 2
January 3, 2017 - Page 48 of 45
Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
6. Once a consultant is selected, the local agency enters into negotiations with the consultant to
obtain a fair and reasonable price for the anticipated work. Pre -negotiation audits are prepared
for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited
to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are
determined with consideration given to size, complexity, duration, and degree of risk involved
in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs.
7. A qualified local agency employee shall be responsible and in charge of the Work to ensure
that the work being pursued is complete, accurate, and consistent with the terms, conditions,
and specifications of the contract. At the end of Work, the local agency prepares a performance
evaluation (a CDOT form is available) on the consultant.
CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional
details for complying with the preceeding eight (8) steps.
Exhibit H - Page 2 of 2
January 3, 2017 - Page 49 of 45
36. EXHIBIT I — FEDERAL -AID CONTRACT PROVISIONS
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work flours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety Accident Prevention
VIII. False Statements Concerning Highway Projects
Ix. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Govemmentwide Suspension and
Debarment Requirements
XL Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Fomu FHWA-1273 must be physically incorporated in each
construction contract funded under Titre 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this torn in each
subcontract and further require its inclusion in all lower Fier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form Fl IWA-1273 are
incorporated by reference for work done under any purchase
order. rental agreement or agreement for other services. The
prime contractor shall be responsible far compliance by any
subcontractor, lower -tier subcontractor or service provider.
Fnrrn FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders. rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may raferenca Form FHWA-1273 in bid
proposal or request for proposal documents, however. the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -ter
subcorilra is (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject lathe applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
1
FI-IWA-1273 -- Revised May 1. 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withhotdi;ng of progress payments, withholding of final
payment termination of the contract. suspension / debarment
or any other action deterrnined to be appropriate by the
contracting agency and FI IWA.
4. Selection of Labor. During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless itis labor performed by convicts who are on
parole. supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classifred as
local roads or rural minor collectors.
Ii. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of 510,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246.41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Tile VI
of the Civil Rights Act of 1964. as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200. 236, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(1) and, for all construction contracts exceeding 510,000.
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60.4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60. and 29
CFR 1625-1627. Tha contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140. the Rehabilitation Act of 1973, as
amended (29 USG 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21.26 and 27: and 23 CFR Parts 200, 230. and 633.
The following provision is adopted from 23 CFR 230, Appendix
A. with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws. executive orders. rules. regulations (26 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
Exhibit 1- Page 1 of 12
January 3, 2017 - Page 50 of 45
this contract. The provisions of the Americans with Disabilities
Act of 1900 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. in the execution of this contract, the contractor
agrees to complywith the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contactor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation: and selection for training.
including apprenticeship, pre -apprenticeship, andfor on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
SO.
3. Dissemination of Pat1cy: All members of the contrac:tors
staff who are authorized to hire, supervise. promote, and
discharge employees, or who recommend such action. or who
are substantially involved in such action, will be made fully
cognizant of. and will implement. the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractors EEC obligations within
thirty days following their reporting for duty with the contractor.
c. Ali personnel who are engaged to direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings. employee handbooks. or
other appropriate means.
2
4. Recruttrnent: When advertising for employees. the
contractor will include in all advertisements for employees the
notation "An Equal opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will. unless preluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement. the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractorto do the same. such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading.
promotion, transfer, demotion. layoff. and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each class fication to determine any
evidence of discriminatory wage practices.
o. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed. such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract wit] attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. if the investigation indicates that the
discrimination may affect persons other Than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
Exhibit 1- Page 2 of 12
January 3, 2017 - Page 51 of 45
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade arjob classification involved.
b. Consistent with the contractors work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship. and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in acrxordanrs with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion patential of employees who are minorities and
women and will encourage eligible employees toapply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees. the contractor will use gond
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent. will include the procedures set
forth below
a. The contractor will use gond faith efforts to develop. in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that lathe
extent such information is within the exclusive possession of
the labor union and such tabor union refuses to furnish such
Information to the contractor. the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, till the employment
vacancies without regard to race, color. retlgion, sex. national
origin, age or disability; making full efforts to obtain qualified
endlor qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the temps of a collective
bargaining agreement) does not relieve the contractor form the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended. and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
3
with the requirements for and comply with The Amencans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contactor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b1_
a. The requirements of 49 CFR Part 26 and the State
DOTs U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race. color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained fora period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating. hiring,
trairsng, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women. and
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FI IWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision. the contractor
Exhibit 1 - Page 3 of 12
January 3, 2017 - Page 52 of 45
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
111. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractormust ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the rontraCtoes control, where
the facilities are segregated. The term'facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas. transportation. and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure phvary between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FI WA -
1273 format and FI IWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and wthout subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3D, the full amount of
wages and bona tide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(bX2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
4
of paragraph 1.d. of this section; also. regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly} under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred duririg such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(aX4). Laborers or
mechanics performing work in more than one ctassificaticn
may be compensated at the rate spedited for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in earn classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers. which is not listed in
the Wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the fdloning criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination: and
(ii) The classification is utilized in the area by the
rnrstruction industry: and
(iii) The proposed wage rate, including any bona fide
fringe benefits. bears a reasonable relationship to the
wage rates contained in the wage determination.
{2} If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate). a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, L.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits. where appropriate}, the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative. will issue a determination within
30 days of receipt and so advise the contracting officer or
Exhibit 1 - Page 4 of 12
January 3, 2017 - Page 53 of 45
will notify the contracting officer within the 30 -day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) nr
1.b.(3) of this section, shall be paid to all workers performing
work in the dassfFiration under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. if the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer ar mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program. Provided. That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Baron Ad have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor. withhold or cause to be withheld from
the contractor under this contract. or any other Federal
contract with the same prime contractor. or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements. which is held by the same prime contractor. sa
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees. and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic. including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance. or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the cause of the work and
preserved fora period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name. address. and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act). daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under e
plan or program described in section 1(b)(2X13) of the Davis -
5
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs. the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.{1 } The contractor shall submit weekly for each week in
which any contract work is performed a ropy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3){i}, except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include en individually identifying number for each employee (
e.g.. the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form W11-347 is
available for this purpose from the Wage and I lour Division
Web site et httpi/www.dol.govlesalwhdiformsfwh347instr.htrn
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractor.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker.
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
[lour Division of the Department of Labor for purposes of an
investigation re audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by e
"Statement of Compliance." signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (aX3)(ii)of
Regulations, 29 CFR part 5. the appropriate information is
being maintained under§5.5 {a)(3)() of Regulations, 29
CFR part 5, and that such information is correct and
complete:
(it} That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the fuel weekly
wages earned, without rebate, either directly or indirectly.
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3:
(111) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
Exhibit 1 - Page 5 of 12
January 3, 2017 - Page 54 of 45
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WI 1-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.{2) of
this section.
(4) The falsification of any of the above certifications may
subject The contractor or subcontractor to civil or criminal
prosecution under section 1001 of titre 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a of this section available for
inspection, copying. or transcription by authorized
representatives of the contracting agency, the State DOT. the
FI [WA. or the Department of Labor. and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available. the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment. advance. or
guarantee of funds. Furthermore, failure to submit the required
records upon request onto make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration. Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office. or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, +afro is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate. who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition. any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
Fess than the applicable wage rate an the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered. the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at nat less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
6
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. if the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that detemiination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services. or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to wods at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The Patio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the dassifiration of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program. the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and joumeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
Exhibit 1 - Page 6 of 12
January 3, 2017 - Page 55 of 45
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 cards Section N.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
}oumeymen shall not be greater than pemhitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Foram FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcori acts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all The contract clauses in 29 CFR 5.5.
7. Contract termination debarment A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the ranted, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12_
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1. 3, and 5
are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shaft be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6. and
7. Disputes within the meaning of this clause include disputes
between the contractor {or any of its subcontractors} and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1}.
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of e Government contract by virtue
of section 3(a) of the Davis -Baron Act or 29 CFR 5.12(X(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code. 18 U.S.C. 1001.
7
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work I lours and Safety
Standards Act. These clauses shaft be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, The terms laborers and mechanics
include watchmen and guards.
1. Overtima requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require ar permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not lass
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.} of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed rth respect to each
individual laborer or mechanic. including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1. ) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) &Pthis section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon mitten request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor. or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act. which is held by the same
prime contractor, such sums as may be detemtined to be
necessary Meat sfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the dame set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include These clauses in any lower tier
subcontracts. The prime contractor shall he responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
Exhibit 1 - Page 7 of 12
January 3, 2017 - Page 56 of 45
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all FederaE-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
The total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be perfomled by the contractor's own organization
(23 CFR 635.116).
a. The term "perform Work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the Costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditinns7
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees:
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to acceptor
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages. the
submission of payrolls. statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in genera€ are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1 ) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the time, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all rbnstruction operations
(regardless of who perforins The work) and (b) such other of its
own organizational resources (supervision. management, and
engineering seneices) as the contracting offcerdetemn€nes is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet. assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative. and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
8
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1 } is
not applicable to design -build contracts: however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T his pr o v i s i on is applicable to all FederaE-aid
construction contracts and to all related subcontracts.
1. In the perromiance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety. health, and sanitation (23 CFR 635) The
contractor shat[ pnavide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety (Atha public and to
protect properly in connection with the performance of the
work covered by The contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract. that the contractor and any
subcontractor shall not permit any employee. n performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to hisiher
health or safety, as determined under construction safety and
health standards (22 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Flours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to cavy
out the duties of the Secretary, under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T hi s p r o v i 510 n is applicable to all Federat-aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, itis essential that all persons concerned
with the project perform their functions es carefully, Thoroughly.
and honestly as possible. Willful falsification, distortion. or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Fomn FI IWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
16 U.S.C. 1020 reads as follows:
Exhibit 1 - Page 8 of 12
January 3, 2017 - Page 57 of 45
"Whoever, being an officer. agent. or employee of the United
States. or of any State or Territory, or whoever, whether a
person, association, firm. or corporation. knowingly makes any
false statement, false representation, or false repot as to the
character, quality, quantity, or cost of the material used or to
be used. or the quarrtity or quality of the work performed or to
be performed, or the cast thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any Nghway or related project submitted for
approval to the Secretary of Transportation: or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character. quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bidlproposal or the execution of this
contract. or subcontract. as appropriate, the bidder. proposer.
Federal -aid construction contractor. or subcontractor. as
appropriate. will be deemed to have stipulated as follows:
1, That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1 ) of this Section X in
everysubcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements. consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR farts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
9
covered transaction. The prospective first ter participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whetter to enter into this transaction. However.
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred."
"suspended," "ineligible," "participant." "person;' "principal;'
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions' refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). `Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
1. The prospective first tier participant agrees by submitting
this proposal that. should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred.
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,'
provided by the department or contracting agency, entering
into this covered transaction, without modifirntion, in all lower
tier rxwered transactions and in at solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification ofa prospective participant in a lower tier covered
transaction that is not debarred. suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended.
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals. as well as
the eligibility of any lower tier prospective participants, each
participant may. but is not required to, check the Excluded
Parties List System website (httos;llwww.enls.govf), which is
compiled by the General Services Administration.
Exhibit 1 - Page 9 of 12
January 3, 2017 - Page 58 of 45
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowringly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment. Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment. declared ineligible, or voluntarily excluded km
n
participating in covered transactions by any Federal
depart hent or agency:
(2) I lave not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal nffense in
connection with obtaining. attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement. theft, forgery,
bribery. falsification or destruction of records, making false
statements. or receiving stolen properly;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal. State or
local) with commission of any of the offenses enumerated in
paragraph (aX2) of this certification; and
(4) Have not within a three-year period preceding this
applicationfproposal had one or more public transactions
(Federal. State or local) terminated for cause or default.
h. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants_
(Applicable to ati subcontracts, purchase orders and other
lower tier transactions requiring prior Fr EWA approval or
estimated to cost $25,000 or more - 2 CFFt Parts 180 and
1200)
a. By signing and submitting this proposal, the pmspective
lower her is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon whiohi reliance was placed when this transaction
was entered into. if it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government. this department. or agency with which
10
this transaction originated may pursue available remedies.
including suspension andlor debarment.
o. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier partapant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terns "covered transaction," "debarred."
"suspended," "ineligible,"'participant," "person." "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant Ma has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). 'Lower Tier
Participant' refers any participant who has entered into a
covered transaction with a First Ter Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred. suspended. declared ineligible. or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the 525,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals. as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, cited( the Excluded
Parties List System website (httns'flwww.eols.00w1}, which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification requited by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended. debarred, ineligible. or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government. the
Exhibit! - Page 10 of 12
January 3, 2017 - Page 59 of 45
department or agency with which this transaction originated
may pursue available remedies. including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
InellglbIIlty and Voluntary Exclusion—Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarity excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, Such
prospective participant shall attach an explanation to this
proposal.
XI_ CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies. by signing and
submitting this bid or proposal. to the best of his or her
knowledge and belief. that:
a. No Federal appropriated funds have been paid or will be
paid. by or on behalf of the undersigned. to any person for
influencing or attempting to influence an officer or employee of
any Federal agency. a Member of Congress, an officer or
employee of Congress. or an employee of a Member of
Congress rn connection with the awarding of any Federal
contract, the making of any Federal grant, the malting of any
Federal loan, the entering into of any cooperative agreement.
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant. loan. or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid nr will be paid to any person for influencing nr
attempting to influence an officer or employee of any Federal
agency, a Member of Congress. an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Farm to Report
Lobbying," in acl:ordance with its instructions.
2. This Certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty nt not less than
$10.000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11
Exhibit 1 - Page 11 of 12
January 3, 2017 - Page 60 of 45
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
I. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein The contract work is situated. or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated. except
a To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract. pmvided that the number of nonresident
persons employed under this subparagraph (1C) shaft not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall piece a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required. and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
anyjnb applicants who, in his opinion, are not qualified to
perform the dassr cation of work required.
4. If, within one week following the placing of a job order by
the contractor with The State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, nr less Mantilla number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
rontrart rs permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by tie
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be. done as on-site work.
Exhibit I - Page 12 of 12
January 3, 2017 - Page 61 of 45
37. EXHIBIT J — FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department
of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by the Local Agencys and their contractors or the Local Agencys).
Copeland "Anti -Kickback" Act
The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and sub -Agreements for construction or repair).
Davis -Bacon Act
The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local
Agencys and the Local Agencys when required by Federal Agreement program legislation. This
act requires that all laborers and mechanics employed by contractors or sub -contractors to work
on construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency's in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers).
Clear Air Act
Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub -Agreements of amounts in excess of $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163).
OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally -assisted programs.
Nondiscrimination
42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part
80 et. seq. These acts require that no person shall, on the grounds of race, color, national
origin, age, or handicap, be excluded from participation in or be subjected to discrimination in
any program or activity funded, in whole or part, by federal funds.
ADA
The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117,
12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47
USC 611.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor
Exhibit J - Page 1 of 3
January 3, 2017 - Page 62 of 45
is acquiring real property and displacing households or businesses in the performance of the
Agreement).
Drug -Free Workplace Act
The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing
regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as
amended, and implementing regulation 45 C.F.R. Part 84.
23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction
Contracts".
23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The
requirements for which are shown in the Nondiscrimination Provisions, which are attached
hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal
Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest,
agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative
to nondiscrimination in Federally assisted programs of the Department of Transportation
(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and made a part of this
Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion
of the contract work, will not discriminate on the ground of race, color, sex, mental or
physical handicap or national origin in the selection and retention of Subcontractors,
including procurement of materials and leases of equipment. The Contractor will not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program
set forth in Appendix C of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurement of materials or
equipment, each potential Subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or
national origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders
and instructions issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information and its facilities as may be determined by the
State or the FHWA to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of the Contractor is in the
Exhibit J - Page 2 of 3
January 3, 2017 - Page 63 of 45
exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth
what efforts have been made to obtain the information.
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine
to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor
under the contract until the Contractor complies, and/or b. Cancellation, termination or
suspension of the contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, orders,
or instructions issued pursuant thereto. The Contractor will take such action with respect to any
subcontract or procurement as the State or the FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance; provided, however, that, in the event the
Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier
as a result of such direction, the Contractor may request the State to enter into such litigation to
protect the interest of the State and in addition, the Contractor may request the FHWA to enter
into such litigation to protect the interests of the United States.
Exhibit J - Page 3 of 3
January 3, 2017 - Page 64 of 45
38. EXHIBIT K — SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded,
in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into
and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non -Federal Entity receives or
administers in the form of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710);
1.1.4.Loans;
1.1.5.Loan Guarantees;
1.1.6.Subsidies;
1.1.7.Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non -Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award
is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all
Award types in §1.1.1 through 1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not
include Vendors.
1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established
and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's
website may be found at: http://fedgov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2.A foreign public entity;
Exhibit K - Page 1 of 4
January 3, 2017 - Page 65 of 45
1.5.3.A domestic or foreign non-profit organization;
1.5.4.A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non -Federal
entity.
1.6. "Executive" means an officer, managing partner or any other employee in a management position.
1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the
"Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an
Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the
performance of all or any portion of the substantive project or program for which the Award was
granted.
1.11. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a
non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including program compliance
requirements. The term "Subrecipient" includes and may be referred to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award
Management (SAM) profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of
2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institution of higher education.
1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the
Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non -equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above -market earnings on deferred compensation which is not tax -qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the Executive exceeds $10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred
to as FFATA.
Exhibit K - Page 2 of 4
January 3, 2017 - Page 66 of 45
1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required
for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
is not subject to the terms and conditions of the Federal award. Program compliance requirements do
not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor's information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7
below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment
shall be made to Contractor for providing any reports required under these Supplemental Provisions and the
cost of producing such reports shall be included in the Contract price. The reporting requirements in §7
below are based on guidance from the US Office of Management and Budget (OMB), and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated into this
Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above.
The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements
at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions
apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of
October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent
Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding
is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue
to be subject to the reporting requirements.
Exhibit K - Page 3 of 4
January 3, 2017 - Page 67 of 45
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth
below.
7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number no later than the end of the month following the month in which
the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his or
her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may
include other items to be specified by OMB in policy memoranda available at the OMB Web site;
Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law
or in equity.
Exhibit K - Page 4 of 4
January 3, 2017 - Page 68 of 45
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Retreat for Town Council (Set Date)
TOWN Of UAJL
January 3, 2017 - Page 69 of 45
TOWN IfO
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Recommendation for the lottery selection process for the future development of
the Chamonix Neighborhood at West Vail.
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Does the Vail Town Council support the recommendation
for the lottery selection process? If not, what specific changes to the lottery selection process are
required?
BACKGROUND: Demand for purchasing a new home in the Chamonix Neighborhood at West
Vail development is high. Presently, hundreds of people have expressed an interest in the 32 new
homes slated for development. With current demand exceeding the available supply, it is
recommended that the Town of Vail conduct a lottery process for selecting the future buyers of the
new homes at the Chamonix Neighborhood.
STAFF RECOMMENDATION: See Section III of the staff memorandum dated January 3, 2017.
ATTACHMENTS:
Description
Chamonix Deed Restriction and Lottery Selection Process Recommendation Memorandum
January 3, 2017 - Page 70 of 45
Memorandum
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: January 3, 2017
Subject: Chamonix Neighborhood at West Vail — Lottery Selection Process
Recommendation
Purpose of this Public Hearing
The purpose of this public hearing is to present the recommendation for the lottery selection
process for the future development of the Chamonix Neighborhood at West Vail. At the
conclusion of the presentation, the Vail Town Council will be asked to make a final
determination on the lottery selection process. A determination on this matter is needed to
continue forward with the Chamonix Neighborhood marketing and reservation processes. The
market and reservation campaign is on schedule to launch the week of January 9t"
The Chamonix Neighborhood development helps the Vail Town Council achieve its adopted
goal of "growing a thriving and balanced community'.
II. Project Goals and Objectives
A list of project goals and objectives has been adopted for the future development on the
Chamonix site. The project team has continually relied upon these goals and objectives for
direction throughout the planning process. On April 15, 2014, the Vail Town Council affirmed
and adopted the following project goals and objectives:
• Optimize the use of the site for affordable for -sale housing (15 - 25 DU's per acre)
• Design a context sensitive design solution (design review guidelines)
• Ability to be phased over time (min. two phases)
• Deliver desirable, marketable and diverse types of housing products (duplexes; one,
two & three bedroom flats; townhomes, etc.)
• Maximize the town's limited financial resources
• Build responsibly given the existing site configuration, topography and natural features
of the site
• Develop a diversified cost/sales structure to respond to a wider range of buyers
(i.e. pricing structure based upon income)
1
January 3, 2017 - Page 71 of 45
III. Lottery Selection Process
Demand for purchasing a new home in the Chamonix Neighborhood at West Vail development
is high. Presently, hundreds of people have expressed an interest in the 32 new homes slated
for development. With current demand exceeding the available supply, it is recommended that
the Town of Vail conduct a lottery process for selecting the future buyers of the new homes at
the Chamonix Neighborhood.
The objective of the Chamonix Neighborhood at West Vail is to create, maintain and sustain
community by constructing a for -sale, deed restricted housing development that provides home
purchase opportunities for persons and families employed in Eagle County and committed to
making Vail their permanent and primary place of residence. Given the stated objective, it is
recommended that the selection process not include weighted preference towards place or
longevity of residency or place or longevity of employment. Instead, a true lottery selection
process whereby each qualifying home buyer shares an equal chance of being drawn is
recommended. A true lottery selection process:
• is the most equitable means of selecting future home owners
• helps to achieve the Town's objective
• minimizes the Town's risk
• increases opportunity for participation
• avoids the perception of social engineering
• demonstrates an evolution of improvement to other lottery processes
To that end, it is recommended that the lottery selection process include the following
requirements for participation and is conducted using the following procedures:
Requirements for participation:
• Completion of a Chamonix Neighborhood Home Buyer Qualifying Application. The
Application shall include:
o Demonstrated ability to comply with the terms of the deed restriction if drawn for
home purchase.
o Demonstrated ability to secure financing for the home(s) desired.
o Signed acknowledgement of acceptance of the terms of the Chamonix
Neighborhood Pre -sale Agreement and Purchase/Sale Agreement.
o Demonstrated participation and successful completion of a Town of Vail or Valley
Home Store sponsored Homebuyer Education Class within the previous 6
months.
o The unit number(s) (i.e.1-32) of the home(s) interested in purchasing.
• One chance in the lottery selection process per Qualifying Application.
Lottery Selection Procedures:
• Each qualified home buyer shares an equal chance of being selected.
2
January 3, 2017 - Page 72 of 45
• In an instance of multiple home buyers within a household (i.e. marital spouses/joint
tenancy) each individual home buyer may have a separate chance of selection provided
each individual is capable of qualifying independently.
• Qualified home buyers shall select the home(s) for which they are interested in
purchasing by placing their name into the hat for said home(s). A certified list of all
names within the 32 hats will be created prior to commencing the drawing.
• One qualifying home buyer's name will be drawn at random for each of the 32 homes
beginning with Home #1 and continuing in order to Home #32.
• The selected home buyer for each of the homes will have the option to execute a pre
sale agreement, on its terms, for the home which they were selected. If the selected
home buyer declines the option, a new qualifying home buyer's name will be drawn, and
so on, until a pre sale agreement is executed for the home. This process will be
repeated for each of the 32 homes.
• A selected home buyer shall have 48 hours to execute a pre sale agreement. If a
selected home buyer fails to execute said agreement within the 48 hour time frame a
new name shall be drawn.
• In an instance where a qualified home buyer is drawn for more than one home, they
shall be limited to executing a pre sale agreement for only one home. Once the desired
home is chosen by the home buyer and a pre sale agreement is executed, the qualified
home buyer's name shall be removed from the lottery selection process.
• If a home buyer declines acceptance of a home, or otherwise fails to execute a pre sale
agreement within the established timeframe, the home buyer shall forfeit their position
and 1) request to have their name placed back into the selection for possible future
drawing, or 2) be removed from the lottery selection process for said home entirely.
• A lottery drawing schedule, including time, date and location shall be established.
Qualified homebuyers, or a duly authorized representative, shall be present to be drawn.
IV. Next Steps
The four most commonly asked questions regarding the Chamonix Neighborhood at West Vail
development include:
• How much will the new homes cost?
• What are the deed restriction obligations?
• What is the lottery selection process?
• When will the new homes be completed?
The Development Team is working to provide answers to these questions and many others.
The final sales price of the new homes can not be accurately stated until the Chamonix
Neighborhood development applications are reviewed and approved by the Town's Planning &
Environmental Commission and Design Review Board. The Development Team is pursuing a
development schedule that has the new home construction beginning in the Spring of 2017 with
the first homes completed before the end of the year. A marketing and reservations campaign
is set to launch after the first of the year. It is anticipated the Town will conduct a lottery
selection process and begin to accept pre sale agreements during the second quarter of 2017.
3
January 3, 2017 - Page 73 of 45
V. Vail Town Council Instruction
The Development Team is prepared to move forward on the next steps of outlining the specific
procedures for a lottery selection process for the Chamonix Neighborhood at West Vail
development. At this time, the Team is seeking instruction from the Vail Town Council.
Does the Vail Town Council support the recommendation for the lottery selection
process? If so, the Team will take the steps necessary to implement the lottery selection
process and diligently pursue a marketing and reservations campaign. If not, what specific
changes to the lottery selection process are required?
4
January 3, 2017 - Page 74 of 45
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Selection of Executive Search Firm for Town Manager Recruitment.
PRESENTER(S): Krista Miller, Human Resource Director
ACTION REQUESTED OF COUNCIL: Select an Executive Search Firm and direct the Town
Manager to sign and enter into an agreement with the Executive Search Firm in a form approved by
the Town Attorney.
BACKGROUND: Town Council interviewed four firms during the afternoon meeting at The Grand
View with the Town Council.
January 3, 2017 - Page 75 of 45
TOWN IfO
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 35, Series of 2016, First Reading, An Ordinance establishing
Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special
Development Districts, Vail Town Code, to allow for the development of a limited service lodge and
deed restricted employee housing units and a conditional use permit for public or commercial
parking facilities or structures, located at 1783 North Frontage Road West/Lots 9-12, Buffehr
Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030)
PRESENTER(S): George Ruther, Director of Community Development and Matt Panfil, Town
Planner
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 35, Series of 2016, upon first reading.
BACKGROUND: The purpose of the proposed Special Development District (SDD), is to
facilitate the redevelopment of the former Roost Lodge site with a 170 unit Marriott Residence Inn
limited service lodge (LSLU), 107 Type III deed -restricted employee housing units (EHUs), six (6)
unrestricted rental dwelling units, and a commercial parking facility, located at 1783 North Frontage
Road West.
STAFF RECOMMENDATION: The Town of Vail Planning and Environmental Commission
recommends that the Vail Town Council approves, with conditions, Ordinance No. 35, Series of
2016 on first reading, to allow for the establishment of Special Development District No. 41,
Marriott Residence Inn, and set the date of the second reading of this ordinance for January 3,
2017.
ATTACHMENTS:
Description
Staff Memo Ordinance No. 35, Series of 2016, SDD No. 41, Marriott Residence Inn, Points of Clarification
Staff Memo for Ordinance No. 35, Series of 2016, SDD No. 41, Marriott Residence Inn First Reading
122016
Attachment A - Rezoning Map
Attachment B - Ordinance No. 35, Series of 2016, SDD No. 41, Marriott Residence Inn First Reading
122016
Attachment C - PEC Memo w/ Attachments
Attachment D - Nov 28, 2016 PEC Results
Attachment E - Project Narrative 11-2-16
Attachment F - Plan Set (1 of 6)
Attachment F - Plan Set (2 of 6)
January 3, 2017 - Page 76 of 45
Attachment F - Plan Set (3 of 6)
Attachment F - Plan Set (4 of 6)
Attachment F - Plan Set (5 of 6)
Attachment F - Plan Set (6 of 6)
Attachment G - Transportation Impact Study
Attachment H - Public Comment as of 11-23-16
PEC16-0030 Staff Presentation
MRI PowerPoint
MRI Council Correspondance
January 3, 2017 - Page 77 of 45
TOWN OF VAIL'
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: January 3, 2017
SUBJECT: First reading of Ordinance No. 35, Series of 2016, an ordinance
establishing Special Development District No. 41 (Marriott Residence Inn),
pursuant to Section 12-9(A), Special Development Districts, Vail Town
Code, to allow for the development of a limited service lodge and deed
restricted employee housing units and a conditional use permit for public
or commercial parking facilities or structures, located at 1783 North
Frontage Road West/Lots 9-12, Buffehr Creek Resubdivision, and setting
forth details in regard thereto. (PEC16-0030)
Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello
Planning Group
Planner: Matt Panfil
As the first reading of Ordinance No. 35, Series of 2016, was continued to the
January 3, 2017 Town Council meeting, please note that the staff memorandum
and attachments have not changed. However, based upon comments received
during the December 20, 2016 public hearing, staff offers points of clarification on
the following:
1. Parking Requirement:
Public comment suggested that the amount of parking spaces proposed was
insufficient for the development.
Section 12-10-10-B, Vail Town Code, states that multiple -family dwelling units
between 500 to 2,000 square feet shall provide two (2) parking spaces per unit.
There are 113 proposed dwelling units, each between 500 to 2,000 square feet,
which requires a minimum of 226 parking spaces for the residential rental
component of the proposal.
Limited service lodge units (LSLUs) require 0.7 parking spaces per LSLU.
Based on the proposed 170 LSLUs, 119 parking spaces are required. The
combined total of parking required for the proposal is 345 parking spaces.
January 3, 2017 - Page 78 of 45
However, Section 12-10-12, Vail Town Code, allows for a 7.5% reduction in the
number of required parking spaces for multiple use parking facilities.
Therefore, and as indicated on the December 20, 2016 staff memorandum, the
total number of parking spaces required for the proposal is 320, which is 40
parking spaces fewer than the amount proposed by the applicant.
2. Spot Zoning:
Public comment suggested that the requested special development district was
an example of "spot zoning."
According to King's Mill Homeowners Association v. City of Westminster, 192
Colo. 305, 557 P.2d 1186 (1976), the test for determining whether a particular
action constitutes spot zoning is whether the change is "made with the purpose
of furthering a comprehensive zoning plan or merely to relieve a particular
property from the restrictions of the zoning regulations."
Criterion 4 of Section VII of the staff memorandum cites the multiple goals and
objectives in the various documents that make up the Town Comprehensive
Plan, which support the proposed land uses. Also, the proposed land uses are
consistent with the permitted and conditional uses in the Public
Accommodation -2 zone district.
3. Employee Housing Units (EHUs), LSLUs, Density, and GRFA
Various comments were made suggesting the number of EHUs and LSLUs
should be included in the Town's calculation of density and that EHUs should
also be included in the Town's calculation of GRFA.
As a reminder, Section 12-7J-8, Density Control, Vail Town Code, specifies that
for the purposes of calculating density, "employee housing units, limited service
lodge units, accommodation units and fractional fee club units shall not be
counted towards density (dwelling units per acre)." EHUs and LSLUs do not
count towards density because the community chose to incentivize their
construction in this zone district to advance community goals.
The deduction of floor area of EHUs from the total GRFA is permitted in
multiple zone districts throughout the Town. As is the case with density
calculations, the intent of excluding EHU floor area is to incentivize their
construction.
No special privilege is granted to the applicant for additional density or GRFA
that is not otherwise available to similar uses in this zone district.
Town of Vail Page 2
January 3, 2017 - Page 79 of 45
TOWN OF VAIL
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: December 20, 2016
SUBJECT: First reading of Ordinance No. 35, Series of 2016, an ordinance
establishing Special Development District No. 41 (Marriott Residence Inn),
pursuant to Section 12-9(A), Special Development Districts, Vail Town
Code, to allow for the development of a limited service lodge and deed
restricted employee housing units and a conditional use permit for public
or commercial parking facilities or structures, located at 1783 North
Frontage Road West/Lots 9-12, Buffehr Creek Resubdivision, and setting
forth details in regard thereto. (PEC16-0030)
Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello
Planning Group
Planner: Matt Panfil
I. SUMMARY
The applicant, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning
Group, is requesting a first reading of Ordinance No. 35, Series of 2016, an
ordinance establishing Special Development District No. 41, Marriott Residence
Inn, and setting forth details in regard thereto. The purpose of the proposed
Special Development District (SDD), is to facilitate the redevelopment of the former
Roost Lodge site with a 170 unit Marriott Residence Inn limited service lodge
(LSLU), 107 Type III deed -restricted employee housing units (EHUs), six (6)
unrestricted rental dwelling units, and a conditional use permit for a commercial
parking facility, located at 1783 North Frontage Road West.
On November 28, 2016, the Town of Vail Planning and Environmental Commission
(PEC) held a public hearing on the request to establish SDD No. 41, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the
public hearing, the PEC voted 5-2 (Pratt and Rediker opposed) to forward a
recommendation that the Vail Town Council approves, with conditions,
Ordinance No. 35, Series of 2016, as presented, upon first reading.
January 3, 2017 - Page 80 of 45
II. DESCRIPTION OF REQUEST
The applicant is proposing the following as part of this SDD:
• 170 limited service lodge units (LSLUs) within the west side of the
structure;
• 107 Type 111 deed -restricted employee housing units (EHUs) within the
east side of the structure;
• Six (6) rental dwelling units within the east side of the structure; and
• A two-story, below grade, 360 space parking facility, of which there are 40
surplus parking spaces available for public use.
Per page three (3) of the applicant's project narrative (Attachment E), the six (6)
dwelling units will be rental units and not available for sale, nor will they be
converted into condominium units.
Attached for review are the following documents:
A. Rezoning Map
B. Ordinance No. 35, Series of 2016 (SDD No. 41, Marriott Residence Inn)
C. PEC Memorandum, with attachments, dated November 28, 2016
D. Record of approved PEC meeting minutes, dated November 28, 2016
E. Project Narrative, dated November 2, 2016
F. Development Plan Set, dated November 28, 2016
G. Transportation Impact Study, prepared by McDowell Engineering LLC,
dated August 5, 2016
H. Public Comments received as of November 23, 2016
III. ACTION REQUESTED OF THE VAIL TOWN COUNCIL
The Vail Town Council is asked to consider the proposed development plan in
relation to the SDD criteria established in Section 12-9A-8, Design Criteria and
Necessary Findings, Vail Town Code. The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 35, Series of 2016, upon first
reading. These three (3) options can be viewed as the following discussion items:
• Does the Vail Town Council support the PEC's recommendation of
approval, with conditions?
• If not, what modifications, if any, are requested by the Vail Town Council
to ensure that the Approved Development Plan for SDD No. 41, Marriott
Residence Inn is in compliance with the design criteria established in
Section 12-9A-8, Vail Town Code?
Town of Vail Page 2
January 3, 2017 - Page 81 of 45
• If the Vail Town Council does not support the PEC's recommendation of
approval, with conditions, and cannot identify modifications to the
proposal which ensure compliance with the design criteria, the application
shall be denied.
IV. BACKGROUND
The site is the former location of The Roost Lodge, which was built in the early
1970s. The Roost Lodge featured 72 accommodation units, one (1) dwelling unit,
and a paved surface parking lot. All structures and improvements associated with
The Roost Lodge were demolished in 2015. The site has since been revegetated.
Dating back to 2006, several different redevelopment scenarios have been
proposed or approved for this location. The most recent approval in 2013 included
a similar development plan with 176 LSLUs and two (2) EHUs, but the approval
expired on November 12, 2015.
V. PLANNING AND ENVIRONMENTAL COMMISSION SUMMARY
The Planning and Environmental Commission (PEC) held three (3) public hearings
on this application on September 12, October 10, and November 28, 2016. At the
November 28, 2016 public hearing the PEC voted 5-2 (Pratt and Rediker opposed)
to recommend that the Vail Town Council approve, with conditions, the proposed
SDD with the following deviations:
1. Deviations from the minimum required 20 foot front, side, and rear
setbacks to allow for zero foot (0') setbacks;
2. Deviation from the 48 foot maximum allowable building height to allow for
a 59.7 foot maximum building height;
3. Deviation from the 65% maximum allowable site coverage to allow for
95% site coverage;
4. Deviation from the 14 foot minimum loading berth height to allow for two
(2) loading berths ten feet (10') in height; and
5. Deviation from the six foot (6') maximum retaining wall height to allow up
to 20'-8" tall retaining walls.
The recommendation of approval, with conditions, was made on the following
motion:
Town of Vail Page 3
January 3, 2017 - Page 82 of 45
"The Planning and Environmental Commission forwards to the Vail Town
Council a recommendation of approval for an application to establish Special
Development District No. 41, Marriott Residence Inn, pursuant to Section 12-
9(A), Vail Town Code, to allow for the development of a limited service lodge
and deed restricted employee housing units, located at 1783 North Frontage
Road West / Lots 9-12, Buffehr Creek Resubdivision, and setting forth details
in regard thereto."
The PEC's recommendation of approval includes ten (10) conditions as follow:
1. Approval of Special Development District No. 41, Marriott Residence Inn,
is contingent upon the applicant obtaining Town of Vail approval of an
associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the structure within one (1) year of
issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to the
Planning and Environmental Commission and/or Town Council for an
evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall
identify the six (6) unrestricted, rental dwelling units and provide
documentation that the units shall have the right -of -use to the lodge's
service and facilities under the same rules and regulations as the lodge
guests.;
4. Prior to submitting any building permit application, the applicant shall
submit revised plans relocating the proposed retaining walls at least two
feet (2') from adjacent property lines;
5. Should the Colorado Department of Transportation (CDOT) not approve
the proposed landscaping in the North Frontage Road right-of-way, the
applicant shall submit a revised landscape plan, for review and approval,
prior to submitting any building permit application, subject to Design
Review;
6. Prior to submitting any building permit application, the applicant shall
submit revised plans that clearly illustrate signage and striping of the fire
staging area;
7. Prior to submitting any building permit application, the applicant shall
submit revised plans that illustrate the continuation of the proposed
sidewalk to the intersection with Buffehr Creek Road;
Town of Vail Page 4
January 3, 2017 - Page 83 of 45
8. Prior to submitting any building permit application, the applicant shall
submit approval from CDOT related to all proposed work within the CDOT
right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts
through the payment of a Transportation Impact Fee that shall not be
offset by the project level improvements. This payment shall be made prior
to requesting any Certificate of Occupancy for the project. The fee shall be
determined through the ongoing update and codification to the Impact Fee
as approved by the Town Council. In the event that the updated fee is not
adopted by the Town Council prior to July 1, 2017, the applicant shall
provide a payment, prior to requesting any Certificate of Occupancy,
based upon net new PM Peak Hour vehicle trips generated by the
development. The amount per trip shall be assessed at the established
rate as of July 1, 2017; and
10. Prior to submitting any building permit application, the applicant shall
provide roadway and snow storage easements for the portion of Meadow
Ridge Road that encroaches onto the subject property in a format
acceptable to the Town's Attorney.
The PEC's recommendation of approval includes the following findings:
1. The SDD complies with the standards listed in Section VIII of this
memorandum, or the applicant has demonstrated that one or more of
the standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. The SDD promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development
of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality."
VI. ZONING / SDD NO. 41 ANALYSIS
Address: 1783 North Frontage Road West
Legal Description: Buffehr Creek Resubdivision Lots 9-12
Existing Zoning: Public Accommodation -2 (PA -2)
Town of Vail Page 5
January 3, 2017 - Page 84 of 45
Existing Land Use Designation: Medium Density Residential
Mapped Geological Hazards: Steep Slope > 40% (Man -Made)
Underlying Standard
Allowed / Required
Proposed
(Bold Text — Identified Deviation)
Site Area
Min. 10,000 sq. ft.
86,597 sq. ft. (1.98 acres)
Setbacks
Front — 20'
Side — 20'
Rear — 20'
Front — 0'*
Side — 0'
Rear — 0'
Height
Flat or Mansard Roof — 45'
Sloping Roof — 48'
Sloping Roof — 59.7' (Max.)
Density
25 DUs/ per acre of
buildable site area
170 LSLUs
107 EHUs
6 DUs (3 DUs / Acre)
GRFA**
Max. 129,896 sq. ft.
89,466 sq. ft.
Site Coverage
Max. 65% of total site area
(56,288 sq. ft.)
95%*** (81,834 sq. ft.)
Landscaping
Min. 30% of total site area
(25,979 sq. ft.)
31% (26,726 sq. ft.)
Parking & Loading
320 parking spaces required
338 single spaces
14 tandem spaces
+ 8 ADA spaces
360 total spaces
Loading Berth Height
Min. 14'
10'
Retaining Wall Height
Max. 6'
20'-8"
* The above grade setbacks are all at least 20 feet; the setbacks for the below grade parking
facility are zero feet (0).
** The LSLUs account for 84,466 square feet of GRFA and the six (6) multi -family dwelling units will
account for no more than 4,000 square feet of GRFA for a maximum total of 89,466 square feet.
The applicant has not yet identified the specific six (6) multi -family dwelling units, but once
identified they shall not exceed a combined GRFA of 4,000 square feet. The EHUs account for
94,410 square feet, but they do not count towards GRFA or density per Vail Town Code.
*** The site coverage is 55%; the site coverage including the below grade parking facility is 95%.
VII. DESIGN CRITERIA
Before acting on an SDD application, the Planning and Environmental Commission
and Town Council shall consider the following factors with respect to the proposed
SDD:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Each series of revisions to the development plan have brought the proposal
more in line with the character of the neighborhood and Vail in general. The
mass, scale, and bulk of the building is larger than that of the surrounding
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structures; however, the newly proposed architectural treatments such as a
variety of roof forms and increased horizontal and vertical articulation serve to
visually break up the mass, bulk, and scale of the building. The proposed
building material and color palettes are consistent with the identity and
character of Vail as a mountain community. As a result, the structure now
appears as an assemblage of buildings, often seen throughout the Town.
Staff finds that the changes to the building elevations and materials are a
significant improvement from the previous plans.
The subject property is located in the PA -2 zone district, which allows for a
maximum 48 foot building height, but it is surrounded by residential zone
districts where 33 feet is the maximum building height. Therefore, based
upon the zoning of the subject property, there is expected to be a difference
in building height between the subject property and surrounding area. Many
of the Town's taller buildings are located along the frontage roads as they
buffer surrounding areas from the noise and aesthetics of the 1-70 corridor.
Though the proposed building height is greater than those in the surrounding
area, the applicant has demonstrated that the height of the majority of
habitable area is consistent with the 48 foot height limitation of the underlying
zone district.
During the review process, the building was lowered and the floor to floor
dimension was reduced in order to minimize the requested deviation from the
maximum building height of 48 feet. Other design considerations regarding
the bulk, mass, and scale of the building include:
• The entry to the garage was lowered by ten feet (10') and is now
located below grade;
• The height of the tower at the east end of the building was reduced by
13'-9" to a height of 59.7'. Per Section 14-10-4-F, such architectural
projections are permitted to extend above the height limit of the
underlying zone district by not more than 25% nor more than 15 feet.
Based on this formula, 60 feet is the maximum height for architectural
features within the PA -2 zone district;
• The height of the tower at the west end of the building was reduced by
approximately 13'-6";
• An increase in depth of architectural relief from two feet (2') to between
six feet (6') to ten feet (10');
• The use of four (4) building material and color palettes to break up the
visual mass, scale, and bulk of the structure and create a rhythm of
different building fagades; and
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• The addition of a shed roof porte-cochere.
The use of building material and color palettes addresses staff concerns with
bulk, mass, and scale. Rather than one (1) relatively monolithic facade, the
structure has been broken up into multiple facades, all of which are balanced
to be unique individually, but complementary as a whole. The rhythm of
facade changes is maintained on all sides of the structure. As a result, the
proposed building materials and color palettes are characteristic of Vail's
mountain resort character.
The rectilinear shape of the existing platted lots is conducive to a
predominantly east -west building orientation. The shape of the subject
property also leaves little room for a buffer zone between the structure and
adjacent properties. Therefore staff encouraged the use of high quality
landscape materials suitable to the environment and root space available.
On-site there is minimal existing mature vegetation, no stream course, and no
unique natural features such as rock outcroppings or similar natural features
that will interfere with the proposed development.
Staff finds the proposal meets this criterion.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
The PA -2 zone district is specifically intended to provide sites for lodges,
LSLUs, and residential accommodations outside of the periphery of the Vail
Village and Lionshead commercial core areas. The proposed LSLUs, EHUs,
DUs, and commercial parking facility are either permitted by right or
conditional uses within the underlying PA -2 zone district. Per Town Code, up
to 150 square feet of GRFA may be permitted for each 100 square feet of
buildable site area, though final determination of allowable GRFA shall be
made by the PEC. The total density (DUs / Acre) allowed by the underlying
PA -2 zone district is not to exceed 25 dwelling units per acre of buildable site
area, although LSLUs and EHUs do not count toward density within the PA -2
zone district. This is due to the fact that the PA -2 zone district is specifically
intended to accommodate higher densities that contribute to a critical mass
where a population is able to access transit and services and incent the
development of LSLUs, which are a form of public accommodations, and
deed restricted EHUs, which are a form of residential dwellings only available
for occupancy by persons whom identify Vail as their primary and permanent
place of residency.
This site is situated to take advantage of commercial services located in the
nearby West Vail Mall commercial area, offering a variety of services from
groceries to restaurants and dry cleaning that are typically used by residents.
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There is a strong relationship between the establishment of the uses located
in the Commercial Core 3 (CC3) zone of the West Vail area and the original
intent of the subject site being zoned PA -2 so that the commercial services
could be easily accessed. The site also offers immediate access to the North
Frontage Road bicycle and pedestrian trail and the nearby transit stop to
allow residents and guests the opportunity to move about Vail without the use
of a private vehicle, which is a public benefit by alleviating traffic congestion
and reducing negative environmental impacts such as noise and air pollution.
The new 1-70 underpass is less than one (1) mile away from the proposed
project and, upon completion in 2017, will facilitate direct bicycle and
pedestrian access to Lionshead and Vail Village, which is another benefit of
allowing additional density at this location. As the site is immediately adjacent
to the 1-70 corridor, the site is also ideally located as a place to transition
residential density from higher density to lower as you move further from the
1-70 corridor. Higher density projects are typically located adjacent to higher -
volume roadways to help provide a visual and noise buffer for lower density
properties located further from those roadways.
The proposed project is residential in nature, similar to surrounding uses.
The residential properties adjacent to the site range from low density single
family homes and duplexes in the Grand Traverse SDD north of the subject
property to as much as 29 dwelling units per acre in the Buffehr Creek
Condos adjacent to the west side of the subject property. As a result of the
proposed residential use, there should be less land use conflict from what
could otherwise result from more intense uses.
The location of the access points on North Frontage Road West keeps traffic
from this project off of Meadow Ridge Road, and thus will ensure that the
surrounding residential uses on Meadow Ridge Road will be less impacted by
traffic.
Staff finds that the proposal meets this criterion.
3. Parking and Loading: Compliance with parking and loading
requirements as outlined in chapter 10 of this title.
The parking dimensions and number of parking spaces proposed comply with
Vail Town Code. Parking provides a critical function in Vail and opportunities
to increase the number of parking spaces available should be regarded
favorably. The 40 parking spaces in excess of Vail Town Code requirements
may be made available to the general public for a fee or may be leased in
aggregate to a single entity; however a parking club is not listed as a
permitted or conditional use in the underlying PA -2 zone district and would
therefore not be allowed. As proposed in the applicant's narrative, the
parking spaces will be leased on a monthly or annual basis. The excess
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parking provides a public benefit by absorbing additional parking demand in
the proposed facility that could otherwise impact parking availability in town
parking facilities.
While the height of the loading berths within the garage facility does not meet
code, there is an opportunity for temporary loading within the area of the drive
aisle that is 26 feet wide, thereby meeting the intent of the code.
Staff finds the proposal meets this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff has reviewed the Vail Comprehensive Plan and found the following
documents and associated goals, objectives, statements applicable to this
proposal:
Vail Land Use Plan (in part)
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3.1 The hotel bed base should be preserved and used more efficiently.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
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5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Vail 20/20 Strategic Action Plan (in part)
Land Use and Development:
Goal #4: Provide for enough deed -restricted housing for at least 30
percent of the workforce through policies, regulations and public
initiated development.
Housing:
Goal: The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs and
keeps more employees living in the town, and will provide for enough
deed -restricted housing for at least 30 percent of the workforce through
policies, regulations and publicly initiated development.
Actions / Strategies:
• Research parking requirements for employee housing and
consider reducing requirements for employee housing
developments.
• Expand the number of employee beds in the Town of Vail.
o Consider increasing incentives in performance zoning for
property owners who build EHUs.
Vail Economic Development Strategic Plan (in part)
Policies:
Goal #4: Provide support for a quality workforce delivering world-class
service to positively impact Vail's economy.
Objective 4.1: Work with the business community, Eagle County
and other municipalities to address future workforce housing needs.
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Objective 4.3: Work with the business community and Eagle
County to address parking and transportation issues for workers
and guests.
Chapter VII. Evaluation and Analysis, Weaknesses:
Inefficient Facilities: Older lodging accommodations
Vail Housing 2027 (in part)
Mission:
We create, provide, and retain high quality, affordable, and diverse
housing opportunities for Vail residents to support a sustainable year
round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our
residents have a place to live in Vail.
Policy Statement:
We acknowledge that the acquisition of deed restrictions on homes for
Vail residents is critical to maintaining community. Therefore, we
ensure an adequate supply and availability of homes for residents and
recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems,
fire, police, and other services of the municipal government.
Ten Year Goal:
The Town of Vail will acquire 1,000 additional resident housing unit
deed restrictions by the year 2027. These new deed restrictions will be
acquired for both existing homes as well as for homes that are newly
constructed by both the Town of Vail and private sector developers.
LSLUs provide an important product in Vail's lodging industry by offering short
term accommodations in the mid -price range that is more attainable to the
middle class demographic. There are limited locations within Vail where this
accommodation type may be located and the subject site was specifically
zoned PA -2 to accommodate this type of use. Close proximity to the services
available in West Vail was a key consideration of the zoning of this site since
it allows easy access to those businesses by residents and guests.
Per the Vail Town Code, Limited Service Lodge Units (LSLUs) are defined as:
Any room or group of rooms with "kitchen facilities", as defined herein, in a
limited service lodge which are designed for temporary occupancy by
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visitors, guests, individuals, or families on a short term rental basis, and
accessible from common corridors, walks, or balconies without passing
through another accommodation unit, limited service lodge unit, fractional
fee club unit or dwelling unit. A limited service lodge unit is not intended
for permanent residency and shall not be subdivided into an individual
condominium unit, pursuant to title 13, "Subdivision Regulations", of this
code.
As such, LSLUs differ from other accommodation units (AUs) in that they
provide kitchen facilities within individual units for the use of guests. LSLUs
are an important component to the overall mix of lodging options within the
Town of Vail and assist in positioning Vail competitively with other resort
communities. The construction of LSLUs, due to their existing scarcity but
vital importance, is a community benefit.
The proposed development of EHUs realizes several community goals,
especially the Vail Housing 2027 Ten Year Goal of acquiring 1,000 additional
deed restrictions. It is important to note that the requirements of inclusionary
zoning and commercial linkage alone are not sufficient to close the gap in the
employee housing deficit in Vail. Inclusionary zoning and commercial linkage
are regulatory tools that can only be used to help keep up with the current
deficit. Opportunities to catch up with the deficit must be pursued if the Town
is to make progress towards addressing the availability of housing for Vail
residents.
The proposal to add 107 Type III deed -restricted EHUs will make a significant
contribution toward the goal of providing housing for residents in the town.
This project directly addresses Goal 5.3 in the Vail Land Use Plan, "affordable
employee housing should be made available through private efforts, assisted
by limited incentives, provided by the Town of Vail, with appropriate
restrictions."
The significance of providing resident housing is critical to reduce the number
of employees driving to and parking in town as well as adding to the fabric of
the resort community and adding to the critical mass that helps support the
business community. By doing so, numerous policies of the Vail Economic
Development Strategic Plan are realized, such as Goal Number 4, "Provide
support for a quality workforce delivering world-class service to positively
impact Vail's economy."
The proposal specifically advances Goals 1.1, 1.3, 1.12, 3.3, 5.4, and 5.5 in
the Vail Land Use Plan in that they speak to the importance of maintaining a
balance between residential, commercial, and recreational uses, upgrading of
the quality of development within the Town, the importance of infill
redevelopment, and meeting the variety of visitor and employee lodging and
housing demands. The applicant has mitigated potential negative impacts of
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additional residential growth by locating the proposal in an existing, platted
area as encouraged by Goal 5.1 in the Vail Land Use Plan. Not only is the
proposed residential growth located in an existing platted area, but the
additional residential growth is in close proximity to commercial services and
pedestrian and public transportation.
The proposal also speaks to the Vail 20/20 Strategic Action Plan, which
recognizes the need for resident housing as infrastructure that promotes
community, reduces transit needs, and keeps more people living year-round
in the town.
The proposal is representative of a rare infill development opportunity in Vail
that will accommodate two critical uses, LSLUs and EHUs, which are in high
demand and would otherwise be relegated to a location outside the town
boundary. The infill site provides a public benefit by allowing these high
demand uses in a location within Vail that would minimize car -dependency
and contribute economically to businesses in the West Vail commercial area.
Staff finds that the proposal meets this criterion.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
The northeast portion of the site is located in a steep slope zone. The
applicant has provided a subsurface conditions report, geotechnical report,
and bedrock evaluation letter for review by the Public Works Department.
The steep slope area of the site is not naturally occurring and is not
considered undisturbed land surface as referenced in Section 12-21-12, Vail
Town Code. According to the geotechnical report, the slope is approximately
54% in grade from the north end of the site ending abruptly where The Roost
Lodge was located. It is likely that this area was previously disturbed by
activities including construction of 1-70 and The Roost Lodge site. The
remainder of the site is generally flat and devoid of impediments to
development.
Staff finds that the proposal meets this criterion.
6. Design Features: Site plan, building design and location and open
space provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
The revisions to the architectural design contribute positively to the overall
aesthetic quality of the community. While open space is minimal, the
applicant is proposing creative solutions such as the green roof amenity to
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address this issue. The applicant has provided a high quality design in
regards to the site plan and building appearance, via the appearance of an
assemblage of high-quality buildings similar to other development in the Town
Villages, and has attempted to balance elements such as open space and
landscaping with other important community goals that would help improve
the overall quality of the community.
The LEED certification of the structure is a public benefit in that it raises the
bar for future construction in the Town and is generally more water and
energy efficient, which is better for the environment. LEED certification also
encourages density and presents methods to mitigate impacts through
walkability, location, access to public transit, shopping, and schools as well as
construction practices to reduce urban heat island effects and stress on public
infrastructure and resources. These tools improve efficiency and allow for
development to manage resource consumption, thus allowing a community to
best leverage available resources for development while adding less, or
reducing, strain on existing public infrastructure.
Staff finds the proposal meets this criterion.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
A circulation system has been designed to address the on-site and off-site
needs of both pedestrians and vehicles. Staff finds that the addition of a
second access point separates vehicles using the garage from those vehicles
associated with hotel check-in, EHU pick-up/drop-off, and other assorted
deliveries. The expansion of the drive aisle to 26 feet in width near the hotel
entrance ensures vehicles can circulate along the drive aisle without being
blocked by guests checking into the hotel. The sidewalk connections and
crosswalks mitigate vehicle -pedestrian conflicts.
For improved vehicular circulation, the applicant could provide EHU garage
access via Meadow Ridge Road, but is providing access via the North
Frontage Road to minimize the negative impact to the existing residents living
in the homes on Meadow Ridge Road.
The Traffic Impact Study anticipates a maximum of 238 Saturday peak hour
trips, 178 morning peak hour trips, and 207 evening peak hour trips, including
all modes of travel. The Traffic Impact Study also anticipates an even 50/50
split between trips traveling from the east and west on the North Frontage
Road under short-term conditions. The proposed traffic circulation design
accommodates the multi -modal needs identified in the Traffic Impact Study.
The Vail Transportation Master Plan Update (2009) recommends connecting
the existing north recreation trail with a grade separated path, which the
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applicant is proposing. The applicant is also proposing to maintain the
existing shared bike lane / road shoulders along the North Frontage Road that
were recommended by the Vail Transportation Master Plan Update. The
addition of a left turn lane at the intersection of North Frontage Road West
and Buffehr Creek Road is also recommended by the Vail Transportation
Master Plan Update, but the applicant is not required to complete this feature
as part of their proposal.
Staff finds the proposal meets this criterion.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
The proposed landscape plan for SDD No. 41, Marriott Residence Inn,
complies with the minimum 30% landscape area requirement for the
underlying PA -2 zone district. The final landscape design requires Design
Review Board approval for the location, sizes, quantities, and type of plan
materials to be provided. The applicant has provided creative landscaping
solutions by landscaping the retaining wall terraces and planting trees along
the North Frontage Road. As indicated in Item 6 above, the applicant has
proposed a creative solution to the limited amount of on-site open space area
by providing a green roof area with amenities available to both hotel guests
and EHU residents. The Design Review Board is encouraged to consider the
size, scale, and massing of the building when determining the
appropriateness of the proposed landscape plan. For instance, minimum
coniferous tree sizes of six feet (6') may not be appropriate for the proposed
building or its location. Larger, more established landscape materials may be
necessary to ensure compliance with the above described criteria.
Staff finds the proposal meets this criterion.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the
development of the special development district.
The proposal is intended to be constructed in one phase. Staging for any
construction related activity will be reviewed by staff to ensure impacts to
public rights-of-way and adjacent properties are minimized. It is anticipated
that the use of the North Frontage Road West right-of-way will be necessary.
This right-of-way is controlled by the Colorado Department of Transportation
(CDOT) and will require all appropriate review and permits from CDOT prior
to the start of construction.
Staff finds the proposal meets this criterion.
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VIII. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Town of Vail Planning and Environmental Commission recommends that the
Vail Town Council approves, with conditions, Ordinance No. 35, Series of 2016
on first reading, to allow for the establishment of Special Development District No.
41, Marriott Residence Inn, and set the date of the second reading of this
ordinance for January 3, 2017.
Should the Vail Town Council choose to approve, with conditions, Ordinance No.
35, Series of 2016, to allow for the establishment of SDD No. 41, Marriott
Residence Inn, the Town of Vail Planning and Environmental Commission
recommends the Vail Town Council passes the following motion:
"The Vail Town Council approves on first reading the application to establish
Special Development District No. 41, Marriott Residence Inn, pursuant to
Section 12-9(A), Vail Town Code, to allow for the development of a limited
service lodge and deed restricted employee housing units, located at 1783
North Frontage Road West / Lots 9-12, Buffehr Creek Resubdivision, and
setting forth details in regard thereto, and sets the date of the second reading
of this ordinance for January 3, 2017"
Should the Vail Town Council choose to approve, with conditions, Ordinance No.
35, Series of 2016, to allow for the establishment of SDD No. 41, Marriott
Residence Inn, the Planning and Environmental Commission recommends the
following conditions:
1. "Approval of Special Development District No. 41, Marriott Residence Inn,
is contingent upon the applicant obtaining Town of Vail approval of an
associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the structure within one (1) year of
issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to the
Planning and Environmental Commission and/or Town Council for an
evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall
identify the six (6) unrestricted, rental dwelling units and provide
documentation that the units shall have the right -of -use to the lodge's
service and facilities under the same rules and regulations as the lodge
guests.;
4. Prior to submitting any building permit application, the applicant shall
submit revised plans relocating the proposed retaining walls at least two
feet (2') from adjacent property lines;
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5. Should the Colorado Department of Transportation (CDOT) not approve
the proposed landscaping in the North Frontage Road right-of-way, the
applicant shall submit a revised landscape plan, for review and approval,
prior to submitting any building permit application, subject to Design
Review;
6. Prior to submitting any building permit application, the applicant shall
submit revised plans that clearly illustrate signage and striping of the fire
staging area;
7. Prior to submitting any building permit application, the applicant shall
submit revised plans that illustrate the continuation of the proposed
sidewalk to the intersection with Buffehr Creek Road;
8. Prior to submitting any building permit application, the applicant shall
submit approval from CDOT related to all proposed work within the CDOT
right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts
through the payment of a Transportation Impact Fee that shall not be
offset by the project level improvements. This payment shall be made prior
to requesting any Certificate of Occupancy for the project. The fee shall be
determined through the ongoing update and codification to the Impact Fee
as approved by the Town Council. In the event that the updated fee is not
adopted by the Town Council prior to July 1, 2017, the applicant shall
provide a payment, prior to requesting any Certificate of Occupancy,
based upon net new PM Peak Hour vehicle trips generated by the
development. The amount per trip shall be assessed at the established
rate as of July 1, 2017; and
10. Prior to submitting any building permit application, the applicant shall
provide roadway and snow storage easements for the portion of Meadow
Ridge Road that encroaches onto the subject property in a format
acceptable to the Town's Attorney."
Should the Vail Town Council choose to approve, with conditions, Ordinance No.
35, Series of 2016, to allow for the establishment of SDD No. 41, Marriott
Residence Inn, the Planning and Environmental Commission recommends the Vail
Town Council makes the following findings:
1. "The SDD complies with the standards listed in Section VII of this
memorandum, or the applicant has demonstrated that one or more of the
standards is not applicable;
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2. The SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. The SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the
highest quality."
IX. ATTACHMENTS
A. Rezoning Map
B. Ordinance No. 35, Series of 2016 (SDD No. 41, Marriott Residence Inn)
C. PEC Memorandum, with attachments, dated November 28, 2016
D. Record of approved PEC meeting minutes, dated November 28, 2016
E. Project Narrative, dated November 2, 2016
F. Development Plan Set, dated November 28, 2016
G. Transportation Impact Study, prepared by McDowell Engineering LLC, dated
August 5, 2016
H. Public Comments received as of November 23, 2016
Town of Vail Page 19
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Establishment of Special Development District No. 41
Marriott Residence Inn
Lots 9-12, Buffehr Creek Resubdivision
1783 North Frontage Road West
' MEADOW RIDGE RD
X
1 •
1
\ � \
I
i
-1b
Zoning - Existing
Single -Family Residential (SFR)
Two -Family Primary/Secondary Residential (PS)
Residential Cluster (RC)
Low Density Multiple -Family (LDMF)
Medium Density Multiple -Family (MDMF)
- Public Accommodation -2 (PA -2)
- General Use (GU)
Not Designated
I I
J
I I
e
0
125
I Feet
250
/
5--
-
Zoning - Proposed
Single -Family Residential (SFR)
Two -Family Primary/Secondary Residential (PS)
Residential Cluster (RC)
EN Low Density Multiple -Family (LDMF)
▪ Medium Density Multiple -Family (MDMF)
L® Special Development District No. 47
Outdoor Recreation (OR)
General Use (GU)
Not Designated
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work Is approximate)
January 3, 2017 - Page 99 of 459st Modified: December 20, 2016
TOWN OF VAIL'
ORDINANCE NO. 35
SERIES OF 2016
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41,
MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A, SPECIAL
DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS,
VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 12, Zoning Regulations, Chapter 9, Article A, Special
Development (SDD) District, Vail Town Code outlines the procedure for establishing
special development districts; and
WHEREAS, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning
Group, has submitted an application to the Town of Vail Community Development
Department to establish Special Development District No. 41, Marriott Residence Inn, to
facilitate the development of a limited service lodge, deed restricted employee housing
units, and a conditional use permit for public or commercial parking facilities or
structures; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on November 28, 2016, on the application to establish Special
Development District No. 41, Marriott Residence Inn, in accordance with the provisions
of the Vail Town Code; and
WHEREAS, upon due consideration, the Planning and Environmental
Commission of the Town of Vail found that the request complies with the design criteria
prescribed in Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and furthers the
development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has forwarded a recommendation of approval, with conditions, by a vote of 5-2-0 of this
request to establish Special Development District No. 41, Marriott Residence Inn, to the
Vail Town Council; and
WHEREAS, the Vail Town Council finds that the request to establish Special
Development District No. 41, Marriott Residence Inn, complies with the nine design
criteria prescribed in Title 12, Zoning Regulations, Chapter 9, Article A, Special
Development Districts, Vail Town Code; that the applicant has demonstrated that any
adverse effects of the requested deviations from the development standards of the
underlying zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of Special Development District No. 41, Marriott
Residence Inn, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
January 3, 2017 - Page 100 of 4
WHEREAS, all notices required by the Vail Town Code have been sent to the
appropriate parties; and
WHEREAS, the Vail Town Council considers it in the interest of the public health,
safety, and welfare to adopt Ordinance No. 35, Series of 2016, and establish a new
special development district in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, Marriott Residence Inn, is established for
development on four (4) parcels of land, legally described as Lots 9, 10, 11, and
12, Buffehr Creek Resubdivision, which comprises a total of 86,597 square feet
(1.98 acres) in the Public Accommodation -2 (PA -2) zone district in the Town of
Vail. Said parcels may be referred to as "SDD No. 41". Special Development
District No. 41 shall be reflected as such on the Official Zoning Map of the Town
of Vail. The underlying zoning for Special Development District No. 41, Marriott
Residence Inn, shall be Public Accommodation -2 (PA -2) District.
Section 2. Special Development District No. 41, Marriott Residence Inn,
Approved Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district. The Vail
Town Council finds that the Approved Development Plan for Special
Development District No. 41, Marriott Residence Inn, complies with each of the
requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code.
The Approved Development Plan for Special Development District No. 41,
Marriott Residence Inn, shall be comprised of materials submitted in accordance
with Section 12-9A-5 of the Vail Town Code and those plans prepared by Wright
Heerema Architects, entitled "Proposed Residential Development", dated
November 28, 2016, and stamped approved November 28, 2016, and as further
described in Section 3 herein.
Section 3. Special Development District No. 41, Marriott Residence Inn,
Approved Development Plan Set
The following plan sheets prepared by Wright Heerema Architects, entitled
"Proposed Residential Development", dated November 28, 2016 and stamped
approved November 28, 2016, shall constitute the Approved Development Plan
set:
Ordinance No. 35, Series of 2016 2
January 3, 2017 - Page 101 of 4
Sheet #: Title:
Map Rezoning Map of Special Development District Boundary
Untitled Cover Sheet
A010 Proposed Site Plan
A011 Proposed Site Plan W/ Contours
A100 Floor Plan — Lower Level 2
A101 Floor Plan — Lower Level 1
A102 Floor Plan — Hotel 1st Floor / Apartments LL -1 Parking
A103 Floor Plan — Hotel 2nd Floor / Apartments 1st Floor
A104 Floor Plan — Hotel 3rd Floor / Apartments 2nd Floor
A105 Floor Plan — Hotel 4th Floor / Apartments 3rd Floor
A106 Floor Plan — Hotel 5th Floor / Apartments 4th Floor
A107 Floor Plan — Hotel Roof Deck / Apartments 5th Floor
A108 Floor Plan — Hotel Roof Deck / Apartments 6th Floor
A109 Floor Plan — Roof Plan
A110 Enlarged Unit Plans — Hotel
A111 Enlarged Unit Plans — Apartments
A200 Elevations — Partial North and East
A201 Elevations — Partial North and East
A202 Elevations — Partial North, Partial South, and West
A301 Sections — Building Section North-South
A302 Sections — Building Section North-South
A303 Sections — Building Section East-West
A304 Sections — Building Section East-West
A305 Sections — Building Section North-South
A401 Sections Along Frontage Road (00')
A402 Sections Along Frontage Road (25')
A403 Sections Along Frontage Road (50')
A404 Sections Along Frontage Road (100')
A405 Sections Along Frontage Road (150')
A406 Sections Along Frontage Road (200')
A407 Sections Along Frontage Road (250')
A408 Sections Along Frontage Road (300')
A409 Sections Along Frontage Road (400')
AR-Oc Rendering — Proposed Design
AR -1 Rendering — Proposed Design
AR -2 Rendering — Proposed Design
AR -2s Rendering — Proposed Design — Section
AR -3 Rendering — Proposed Design
AR -3s Rendering — Proposed Design — Section
AR -4 Rendering — Proposed Design
AR -4s Rendering — Proposed Design — Section
AR -5 Rendering — Proposed Design
AR -5s Rendering — Proposed Design — Section
AR -6 Rendering — Proposed Design
AR -6s Rendering — Proposed Design — Section
Ordinance No. 35, Series of 2016 3
January 3, 2017 - Page 102 of 4
Sheet #: Title:
AR -7 Rendering — Proposed Design
AR -7s Rendering — Proposed Design — Section
AR -8 Rendering — Proposed Design — Exterior Wall Profile
C01.1 Cover Sheet
C01.2 Cover Sheet
CO3.1 Grading Plan — West
CO3.2 Grading Plan
CO3.3 Grading Plan — East
C04.1 Driveway Profiles
C05.1 Storm Sewer Plan
C06.1 Utility Plan
C07.1 Overall Frontage Road Improvements
C07.2 Turning Movements
C08.1 Construction Details
C08.2 Construction Details
C08.3 Utility Details
C08.4 Shallow Details
L1.1 Landscape Plan
L1.2 Plant Legend Notes/Details
M1 Exterior Materials
M2 Exterior Materials
M3 Exterior Materials — South Elevation
M4 Exterior Materials — South Elevation — A/B
M5 Exterior Materials — South Elevation — C/D
M6 Exterior Materials — South Elevation — A
M7 Exterior Materials — South Elevation — C
M8 Exterior Materials — Perspective — A/B/C/D/A
M9 Exterior Materials — Perspective — A/B
M9 Exterior Materials — Perspective — A/B/C
M10 Exterior Materials — Perspective — A/B/C/D/A
M11 Exterior Materials — Perspective — A/B/C/D/A
R1 a Historic Grade Diagram — 48'
R1 b Historic Grade Diagram — 48'
R2a Historic Grade Diagram — 50'
R2b Historic Grade Diagram — 50'
R3a Historic Grade Diagram — 52'
R3b Historic Grade Diagram — 52'
R4a Historic Grade Diagram — 54'
R4b Historic Grade Diagram — 54'
R5a Historic Grade Diagram — 56'
R5b Historic Grade Diagram — 56'
R6a Historic Grade Diagram — Previous Concept / New Concept
R6b Historic Grade Diagram — Previous Concept / New Concept
R7a Condo View Looking East
R8a Condo View Looking Southeast
Ordinance No. 35, Series of 2016 4
January 3, 2017 - Page 103 of 4
Sheet #: Title:
R9 Grade Elevation Plan
R11 Area Plan — Lower Level 2
R12 Area Plan — Lower Level 1
R13 Area Plan — Site Plan
R14 Area Plan — Roof Plan
R15 Detailed Area Plans
R16 Lighting Plan
Topographic Survey Sheets 1-4, prepared by Peak Land Consultants,
Inc., dated 6/1/2016
In the event of a conflict between the sheets listed above and the zoning analysis
table in Section 4 below, the zoning analysis table shall prevail. The subsequent
Design Review Board (DRB) review and approval of this project may alter the
final development plan; however, such review shall not alter the development
standards in Section 4 of this ordinance.
Sheets of the Approved Development Plan pertaining to the location of the
proposed retaining walls may also be altered per Section 5, Condition 4, of this
ordinance.
Section 4. Development Standards
In conjunction with the Approved Development Plan described in Section 2
herein, the following development standards are hereby approved by the Vail
Town Council. These standards are incorporated in the Approved Development
Plan to protect the integrity of the development of Special Development District
No. 41, Marriott Residence Inn. The development standards for Special
Development District No. 41, Marriott Residence Inn, are described below:
Underlying Standard
Approved Development Plan
Lot Area & Site Dimensions
Per Section 12-7J-5, Vail Town Code, as may
be amended from time to time.
Setbacks
Front — 0'
Side — 0'
Rear — 0'
Height
Sloping Roof — 59.7' (Max.)
Density Control
Per Section 12-7J-8, Vail Town Code, as may
be amended from time to time.
Site Coverage
95% (81,834 sq. ft.)
Landscaping & Site Development
Per Section 12-7J-10, Vail Town Code, as may
be amended from time to time.
Ordinance No. 35, Series of 2016
5
January 3, 2017 - Page 104 of 4
Parking & Loading
Per Section 12-7J-11, Vail Town Code, as may
be amended from time to time.
Loading Berth Height
10'
Retaining Wall Height
20' 8"
A. Permitted, Conditional, and Accessory Uses: The permitted,
conditional, and accessory uses allowed in Special Development
District No. 41, Marriott Residence Inn, shall be those uses listed in
Title 12, Chapter 7, Article J, Public Accommodation -2 (PA -2) zone
district, Vail Town Code, as may be amended from time to time.
B. Lot Area: The total lot area for Special Development District No. 41,
Marriott Residence Inn, shall be 86,597 square feet (1.98 acres).
C. Setbacks: The setbacks for Special Development District No. 41,
Marriott Residence Inn, shall be as indicated on the Marriott Residence
Inn Approved Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special
Development District No. 41, Marriott Residence Inn, shall be 59.7
feet, as indicated on Sheet R9 of the Marriott Residence Inn Approved
Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable gross residential floor area
(GRFA) for Special Development District No. 41, Marriott Residence
Inn, shall be 89,466 square feet as indicated on the Marriott Residence
Inn Approved Development Plan and the maximum allowable unit
count shall be 170 limited service lodge units (LSLUs), 107 Type -III
rental deed -restricted employee housing units (EHUs), and six (6)
rental dwelling units, as indicated on the Marriott Residence Inn
Approved Development Plan, described in Section 2 herein.
F. Site Coverage: The maximum allowable site coverage shall be ninety-
five percent (95%) or 81,834 square feet of the total lot area, and as
indicated on the Marriott Residence Inn Approved Development Plan,
described in Section 2 herein.
G. Landscaping and Site Development: At least 31 % of the total lot area
shall be landscaped. The landscaping plan and site development shall
be as indicated on the Marriott Residence Inn Approved Development
Plan, described in Section 2 herein.
H. Parking and Loading: Off-street parking and loading shall be provided
as indicated on the Marriott Residence Inn Approved Development
Ordinance No. 35, Series of 2016 6
January 3, 2017 - Page 105 of 4
Plan, described in Section 2 herein. There is allowed temporary
parking and loading in the front setback as indicated on the Approved
Development Plan.
The number of parking spaces between limited service lodge guests,
employee housing units, dwelling units, and the general public is as
follows:
Section 5. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of
the establishment of Special Development District No. 41, Marriott Residence
Inn:
1. Approval of Special Development District No. 41, Marriott Residence
Inn, is contingent upon the applicant obtaining Town of Vail approval of
an associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the structure within one (1) year of
issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to
the Planning and Environmental Commission and/or Town Council for
an evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall
identify the six (6) unrestricted, rental dwelling units and provide
documentation that the units shall have the right -of -use to the services
and facilities of the lodge under the same rules and regulations as the
lodge guests;
4. Prior to submitting any building permit application, the applicant shall
submit revised plans relocating the proposed retaining walls at least
two feet (2') from adjacent property lines;
Ordinance No. 35, Series of 2016 7
January 3, 2017 - Page 106 of 4
LSLU
EHU / DU
Public
Lower Level
Single
0
154
18
Tandem
0
14
0
Upper Level
Single
110
42
0
Tandem
0
0
0
Ramp
Single
0
0
22
Tandem
0
0
0
Totals
110
210
40
Section 5. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of
the establishment of Special Development District No. 41, Marriott Residence
Inn:
1. Approval of Special Development District No. 41, Marriott Residence
Inn, is contingent upon the applicant obtaining Town of Vail approval of
an associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the structure within one (1) year of
issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to
the Planning and Environmental Commission and/or Town Council for
an evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall
identify the six (6) unrestricted, rental dwelling units and provide
documentation that the units shall have the right -of -use to the services
and facilities of the lodge under the same rules and regulations as the
lodge guests;
4. Prior to submitting any building permit application, the applicant shall
submit revised plans relocating the proposed retaining walls at least
two feet (2') from adjacent property lines;
Ordinance No. 35, Series of 2016 7
January 3, 2017 - Page 106 of 4
5. Should the Colorado Department of Transportation (CDOT) not
approve the proposed landscaping in the North Frontage Road right-of-
way, the applicant shall submit a Design Review application for a
revised landscape plan, for review and approval, prior to submitting
any building permit application, subject to Design Review;
6. Prior to submitting any building permit application, the applicant shall
submit revised plans that clearly illustrate signage and striping of the
fire staging area;
7. Prior to submitting any building permit application, the applicant shall
submit revised plans that illustrate the continuation of the proposed
sidewalk to the intersection with Buffehr Creek Road;
8. Prior to submitting any building permit application, the applicant shall
submit an application for approval from CDOT related to all proposed
work within the CDOT right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts
through the payment of a Transportation Impact Fee that shall not be
offset by the project level improvements. This payment shall be made
prior to requesting any Certificate of Occupancy for the project. The fee
shall be determined through the ongoing update and codification to the
Impact Fee as approved by the Town Council. In the event that the
updated fee is not adopted by the Town Council prior to July 1, 2017,
the applicant shall provide a payment, prior to requesting any
Certificate of Occupancy, based upon net new PM Peak Hour vehicle
trips generated by the development. The amount per trip shall be
assessed at the established rate as of July 1, 2017;
10. Prior to submitting any building permit application, the applicant shall
provide roadway and snow storage easements for the portion of
Meadow Ridge Road that encroaches onto the subject property in a
format acceptable to the Town's Attorney;
11. Prior to the issuance of any Certificate of Occupancy for the limited
service lodge, the owner shall submit to the Town of Vail fourteen (14)
deed restriction agreements for the occupancy and rental of Type III
Employee Housing Units, as defined on the effective date of this
ordinance, and said agreements shall be reviewed, approved, and
recorded with the Eagle County Clerk and Recorder. The fourteen (14)
deed restricted units are intended to meet the limited service lodge's
minimum commercial linkage requirements established in Title 12,
Chapter 23, Vail Town Code; and
Ordinance No. 35, Series of 2016 8
January 3, 2017 - Page 107 of 4
12. Prior to issuance of a building permit, the Developer shall enter into a
Development Agreement with the Town of Vail to document provisions
related to off-site public improvements, easements, employee housing
deed restrictions, timing and payment of fees, and similar provisions
related to the development project.
Section 6.
The Developer shall commence initial construction of the Marriott Residence Inn
improvements within three (3) years from the time of its final approval at second
reading of the ordinance establishing Special Development District No. 41,
Marriott Residence Inn, and continue diligently toward the completion of the
project. If the developer does not begin and diligently work toward the
completion of the special development district or any stage of the special
development district within the time limits imposed, the approval of said special
development district shall be void. The Planning and Environmental Commission
and Town Council shall review the special development district upon submittal of
an application to reestablish the special development district following the
procedures outlined in Section 12-9A-4, Vail Town Code.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Vail Town Council hereby declares
it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases by declared invalid.
Section 8.
The Vail Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination, and declaration are
based upon the review of the criteria prescribed by the Vail Town Code and the
evidence and testimony presented in consideration of this ordinance.
Section 9.
The amendment of any provision of the Vail Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by
virtue of the provision amended. The amendment of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Ordinance No. 35, Series of 2016 9
January 3, 2017 - Page 108 of 4
Section 10.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part
thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of
December, 2016 and a public hearing for second reading of this Ordinance set
for the 3rd day of January, 2017, at 6:00 PM in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 35, Series of 2016 10
January 3, 2017 - Page 109 of 4
TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 28, 2016
SUBJECT: A request for a recommendation to the Vail Town Council of an application
to establish Special Development District No. 41 (Marriott Residence Inn),
pursuant to Section 12-9(A), Special Development Districts, Vail Town
Code, to allow for the development of a limited service lodge and deed
restricted employee housing units and a conditional use permit for public
or commercial parking facilities or structures, located at 1783 North
Frontage Road West/Lots 9-12, Buffehr Creek Resubdivision, and setting
forth details in regard thereto. (PEC16-0030)
Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello
Planning Group
Planner: Matt Panfil
I. SUMMARY
The applicant, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group,
is requesting a recommendation to the Vail Town Council to establish Special
Development District No. 41, pursuant to Section 12-9(A), Special Development
Districts, Vail Town Code, to allow for the development of a 170 unit limited service
lodge (LSLU) Marriott Residence Inn, 107 Type III deed -restricted employee housing
units (EHUs), six (6) unrestricted rental dwelling units, and a conditional use permit for a
public commercial parking facility at 1783 North Frontage Road West.
This item was first heard by the Planning and Environmental Commission (PEC) on
September 12, 2016. In order to allow the applicant time to respond to questions and
comments from the Commissioners and public the item was continued to the October
10, 2016 meeting.
At the October 10, 2016 meeting, the PEC and members of the public provided
additional comments on the proposal. The comments were generally related to the
following topics:
• Neighborhood Compatibility in regards to Building Height, Bulk, and Mass
January 3, 2017 - Page 110 of 4
• Parking Management
• Drive Aisle Usage and Conflicts
• Pedestrian Connectivity
• Employee Housing Deed Restriction Language
• Location of Mechanical Equipment and Venting
• Traffic on North Frontage Road
The applicant is requesting a final recommendation from the PEC to the Town Council
at this meeting. The PEC may recommend the Town Council approve, approve with
modifications, or deny the applicant's request.
Per Section 12-9A-1, Vail Town Code, the purpose of an SDD is:
To encourage flexibility and creativity in the development of land in order to promote
its most appropriate use; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space areas;
and to further the overall goals of the community as stated in the Vail comprehensive
plan.
The PEC shall review the proposed application and plans, and evaluate the merits of
the proposed Special Development District (SDD) based on the criteria in Section VIII of
this memo, the impact of the proposal, and the public benefits in regards to furthering
overall goals of the community.
Based upon staff's review of the revised plans and the criteria outlined in Section VIII
and Section IX of this memorandum and the evidence and testimony presented, the
Community Development Department recommends the PEC forward a recommendation
of approval, with conditions, of this application subject to the findings in Section X of
this memorandum. Staff also recommends the PEC approve, with one condition, the
request for a conditional use permit to allow for a commercial parking facility.
II. DESCRIPTION OF REQUEST
The applicant, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group,
is proposing the following as part of this SDD:
• 170 limited service lodge units (LSLUs) within the west side of the structure;
• 107 Type 111 deed -restricted employee housing units (EHUs) within the east side
of the structure;
• Six (6) unrestricted rental dwelling units within the east side of the structure; and
• A two-story, below grade, 360 space parking facility, of which there are 40
surplus parking spaces available for public use.
Town of Vail Page 2
January 3, 2017 - Page 111 of 4
A vicinity map (Attachment A), revised project narrative (Attachment B), transportation
impact study (Attachment C), revised plan set dated November 28, 2016 (Attachment
D), summary of changes to the previous plans (Attachment E), all public comments
received prior to November 23, 2016 (Attachment F), an appendix of related planning
documents (Attachment G), a draft Conditional Use Permit (Attachment H), and
information about Lion's Ridge parking (Attachment I) are attached for review.
III. BACKGROUND
The site is the former location of The Roost Lodge, which was built in the early 1970s.
The Roost Lodge featured 72 hotel rooms, one (1) dwelling unit, and a paved surface
parking lot. All structures associated with The Roost Lodge were demolished in 2015.
Dating back to 2006, several different redevelopment scenarios have been proposed or
approved for this location. Using the table provided by the applicant on page nine (9) of
the project narrative, the different redevelopment scenarios are summarized as follows:
PA -2 Standard
2006 Approval
2012 Approval
2013 Proposal
2016 Proposal
Density
49 DUs
28 DUs
0 DUs
6 DUs
LSLUs
101
152
176
170
GRFA
75,842 sq. ft.
75,031 sq. ft.
82,485 sq. ft.
89,466*
Building Height
48'
48'
48'
59.5'
Site Coverage
51%
51%
51%
95%**
Landscape
44%
44%
44%
31%
Setbacks
Front
Side (East)
Side (West)
Rear
20'
15'
20'
20'
20'
20'
20'
20'
20'
20'
20'
20'
0'***
0'
0'
0'
Parking
128 spaces
169 spaces
165 spaces
360 spaces
Loading
1 berth
1 berth
1 berth
3 berths
EHUs
3 Type III
1 Type IV 2BR,
1 Type IV Dorm,
and off-site
housing for 4.95
employees
2 Type IV Dorm,
and off-site
housing for 6.56
employees
107 Type III
**
***
The LSLUs account for 84,466 square feet of GRFA and the six (6) multi -family dwelling units will
account for no more than 4,000 square feet of GRFA for a maximum total of 89,466 square feet.
The applicant has not yet identified the specific six (6) multi -family dwelling units, but once
identified they will not exceed a combined GRFA of 4,000 square feet. The EHUs account for
94,410 square feet, but they do not count towards GRFA or density per Vail Town Code.
The site coverage is 55%; the site coverage including the below grade parking facility is 95%.
The above grade setbacks are all at least 20 feet; the setbacks for the below grade parking
facility are zero feet (0).
Town of Vail
Page 3
January 3, 2017 - Page 112 of 4
IV. APPLICABLE PLANNING DOCUMENTS
For applicable planning documents please refer to Attachment G. In regards to this
memorandum, specific references to sections of Vail Town Code have been made when
necessary.
V. SURROUNDING LAND USES AND ZONING
Existing Land Use
North: Medium Density Residential
East: Interstate -70
South: Interstate -70 / Med. Dens. Res.
West: Medium Density Residential
Zoning District
Two -Family Primary/Secondary Res. & SDD
No. 22, Grand Traverse
General Use
General Use, Res. Cluster, & Two -Family
Primary / Secondary Res.
Res. Cluster & Two -Family Primary /
Secondary Res.
VI. ZONING ANALYSIS / SDD NO. 41, MARRIOTT RESIDENCE INN
Address:
Legal Description:
Existing Zoning:
Existing Land Use Designation:
Mapped Geological Hazards:
1783 N Frontage Road W
Buffehr Creek Resubdivision Lots 9-12
Public Accommodation -2 (PA -2)
Medium Density Residential
Steep Slope > 40%
Underlying Standard
Allowed / Required
Proposed
Site Area
Min. 10,000 sq. ft.
86,597 sq. ft. (1.98 acres)
Setbacks
Front — 20'
Side — 20'
Rear — 20'
Front — 0'*
Side — 0'
Rear — 0'
Height
Flat or Mansard Roof — 45'
Sloping Roof — 48'
Sloping Roof — 59.7' (Max.)
Density
25 DUs/ per acre of
buildable site area, but
LSLUs and EHUs are not
counted towards density.
170 LSLUs
107 EHUs
6 Unrestricted DUs
GRFA**
Max. 129,896 sq. ft.
89,466 sq. ft.
Site Coverage
Max. 65% of total site area
(56,288 sq. ft.)
95%*** (81,834 sq. ft.)
Landscaping
Min. 30% of total site area
(25,979 sq. ft.)
31% (26,726 sq. ft.)
Parking & Loading
Min. 320 parking spaces
338 single spaces
14 tandem spaces
+ 8 ADA spaces
360 total spaces
Town of Vail
Page 4
January 3, 2017 - Page 113 of 4
**
***
The above grade setbacks are all at least 20 feet; the setbacks for the below grade parking facility
are zero feet (0).
The LSLUs account for 84,466 square feet of GRFA and the six (6) multi -family dwelling units will
account for no more than 4,000 square feet of GRFA for a maximum total of 89,466 square feet.
The applicant has not yet identified the specific six (6) multi -family dwelling units, but once identified
they will not exceed a combined GRFA of 4,000 square feet. The EHUs account for 94,410 square
feet, but they do not count towards GRFA or density per Vail Town Code.
The site coverage is 55%; the site coverage including the below grade parking facility is 95%.
Deviations from the Underlying PA -2 Zoning District:
1. Setbacks:
Section 12-7J-6, Vail Town Code, requires minimum front, side, and rear
setbacks of 20 feet within the PA -2 zone district. Above grade the proposal
meets these criteria; however, the below grade parking results in zero foot (0')
front, side, and rear setbacks. Section 12-7J-6, Vail Town Code, allows the PEC
to approve variations to the setback standards subject to applicant demonstrating
the proposed setbacks will result in creative design solutions or other public
benefits that could not otherwise be achieved by conformance with the
prescribed standards.
There are no changes to the proposed setbacks since the October 10, 2016 PEC
meeting. The proposed setbacks are zero feet (0'). Therefore, due to the below
grade parking facility, the proposed deviation for the front, side, and rear
setbacks is 20 feet.
2. Building Height:
Section 12-7J-7, Vail Town Code, establishes a maximum height of 48 feet for
buildings with sloping roofs located within the PA -2 zoning district.
The applicant has reduced the building height from the previously submitted
maximum building height of 72 feet to a maximum building height of 59.5 feet.
Therefore, the proposed deviation is 11.5 feet.
3. Site Coverage:
Section 12-7J-9, Vail Town Code, allows a maximum of 65% site coverage. At
the request of staff, the applicant recalculated the site coverage which resulted in
an increase from 87% to 95% due to the below grade parking facility having zero
foot (0') setbacks. Therefore, the proposed deviation is 30%. The above grade
site coverage is 55%.
4. Loading and Deliveries:
Section 12-10-9-B, Vail Town Code, requires that enclosed and/or covered
loading berths be a minimum of 14 feet high. The proposed height of the two (2)
loading berths within the garage facility is ten feet (10'), including the slope of the
driveway. Therefore, the proposed deviation is four feet (4').
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Section 12-10-9-(B) allows the PEC to grant variations to the minimum loading
berth dimension when they are deemed necessary to prevent negative impact on
to the public right of way.
5. Retaining Walls:
Section 14-6-7, Vail Town Code, states that retaining walls shall not exceed an
exposed face height of six feet (6'). There are multiple sections of the proposed
retaining walls that exceed six feet (6') and range up to approximately 20' 8" in
height. Therefore, the proposed maximum deviation is approximately 14' 8".
Section 14-6-7, Vail Town Code, requires retaining walls to be located a
minimum of two feet (2') from adjacent private property boundaries. As
proposed, there is only eight inches (8") between the proposed retaining wall and
the property line. Therefore, the proposed deviation is 1' 4".
VII. DISCUSSION ITEMS
Due to its complexity, the request has been broken down into categories. Where a
category is associated with an identified deviation, additional discussion regarding the
merits of the deviation is provided:
1. Building Height, Bulk, Mass, and Architectural Design:
Significant changes have been made to the building height and the architectural
design. The building was lowered and the floor to floor dimension was reduced
in order to minimize the requested deviation from the maximum building height of
48 feet, the maximum building height allowed by the underlying Public
Accommodation -2 (PA -2) zoning district. Specific changes include:
• The entry to the garage was lowered by ten feet (10') and is now located
below grade;
• The height of the tower at the east end of the building was reduced by 13'
9" to a height of 59.7'. Per Section 14-10-4-F, such architectural
projections are permitted to extend above the height limit of the underlying
zone district by not more than 25% nor more than 15 feet. Based on this
formula, 60 feet is the maximum height for architectural features within the
PA -2 zone district.
• The height of the tower at the west end of the building was reduced by
approximately 13' 6";
• An increase in depth of architectural relief from two feet (2') to between six
feet (6') to ten feet (10');
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• The use of four (4) building material and color palettes to break up the
visual mass, scale, and bulk of the structure and create a rhythm of
different building facades;
• The addition of a shed roof porte-cochere; and
• The applicant intends to pursue Leadership in Energy and Environmental
Design (LEED) certification for the structure.
Staff commends the applicant for their revisions, especially in attempting to
address concerns regarding building height and the scale, mass, and bulk of the
structure. Sheets R1 a and R1 b depict that the great majority of living area is
below the 48 foot maximum allowed by the underlying PA -2 zone district. The
tallest parts of the structure are architectural projections that do not have
habitable floor area (GRFA).
The use of building material and color palettes significantly addresses staff
concerns with bulk, mass, and scale. Rather than one (1) relatively monolithic
facade, the structure has been broken up into multiple facades, all of which are
balanced to be unique individually, but complementary as a whole. The rhythm
of facade changes is maintained on all sides of the structure. As a result, the
proposed building materials and color palettes are more characteristic of Vail's
mountain resort character than previous proposals.
Building Height Deviation:
Based on the plan revisions that place a majority of habitable area below 48 feet
in height, as seen through Sheets A401 through A409, Sections along the North
Frontage Road, and Sheets R1a through R8b, Historic Grade Diagrams, staff
supports the requested building height deviation.
2. Setbacks:
In order to maximize the availability of parking, the below grade parking facility
extends to the property lines.
Setback Deviation:
Staff supports the requested zero foot (0') setbacks as the encroachments are
located below grade, but the portion of the building above grade respects the 20
foot minimum setbacks.
3. Site Coverage:
The definition of site coverage includes any building area constructed at, below,
or above grade. As the below grade parking facility extends to the property lines,
as discussed in Item 2 — Setbacks above, the proposed site coverage is 95%.
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Site Coverage Deviation:
Staff supports the requested site coverage. The additional site coverage is
driven largely by the additional below grade parking. The Vail 20/20 Strategic
Action Plan identifies the need for additional parking options. Creative parking
solutions are encouraged within the Town and the below grade facility meets this
goal.
4. Employee Housing Units:
Of the 113 rental dwelling units, 107 are proposed as deed -restricted Type 111
EHUs, as defined in Section 12-13-4, Vail Town Code. A Type III EHU deed -
restriction requires the unit be rented to residents working at least thirty (30)
hours per week in Eagle County. The remaining six (6) units, which are intended
to be unrestricted rental dwelling units, are considered multiple -family dwellings,
which are permitted in the PA -2 zoning district, provided that LSLUs,
accommodation units, and/or fractional fee units are equal to or greater than 70%
of the total GRFA on the site and the dwelling units are operated under a single
management and provided with customary lodge services and facilities.
In order to fulfill all of the above criteria to allow multi -family dwelling units as part
of the proposal, the six (6) proposed dwelling units will require deed language, or
another regulatory tool, to the effect that said units, although located within the
EHU section of the structure, will have the right to use the services and facilities
with the limited service lodge.
5. Parking & Loading:
The parking spaces, shuttle parking, and loading berths are as follows:
• 338 single -loaded standard parking spaces;
• Eight (8) Americans with Disabilities Act (ADA) accessible parking spaces;
• 14 tandem parking spaces;
• Four (4) shuttle parking spaces;
• A dedicated hotel loading area; and
• A dedicated EHU loading area.
Updated parking plans (Sheets LL -1 and LL -2) depict significant changes,
including a reconfiguration of the parking facility from one-way angled parking to
two-way ninety degree (90°) parking. Most notably, the change allowed for a
decrease in proposed tandem parking spaces and an overall increase in the
number of parking spaces. The table below depicts the specific changes
associated with the updated parking plans:
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The application of the 7.5% credit for multiple use parking facilities established in
Section 12-10-12, Vail Town Code, would result in a reduction of parking demand
from 360 parking spaces to 320 parking spaces. If the reduction is allowed, there
would be forty (40) surplus parking spaces available for lease by the general
public. A conditional use permit is required for "public or commercial parking
facilities or structures." The criteria for a conditional use permit are discussed in
Section IX of this memo.
While staff has previously expressed concerns that the proposal is not a true
multiple use project as LSLUs and EHUs do not have different peak parking
periods, Section 12-10-12, Vail Town Code, does not regulate the use of the
credit by shared or unshared peak parking hours. LSLUs and EHUs are listed as
separate and distinct uses in Section 12-7J-2, Permitted Uses, Vail Town Code
and as such qualify for the 7.5% credit.
The number of parking spaces between hotel guests, EHU residents, multiple -
family dwelling units, and the general public is as follows:
October 4, 2016 Plans
November 28, 2016 Plans
Lower Level
Single
98
172
Tandem
82
14
Upper Level
Single
83
152
Tandem
34
0
Ramp
Single
24
22
ADA Accessible
Single
8
8
Total
329
360
The application of the 7.5% credit for multiple use parking facilities established in
Section 12-10-12, Vail Town Code, would result in a reduction of parking demand
from 360 parking spaces to 320 parking spaces. If the reduction is allowed, there
would be forty (40) surplus parking spaces available for lease by the general
public. A conditional use permit is required for "public or commercial parking
facilities or structures." The criteria for a conditional use permit are discussed in
Section IX of this memo.
While staff has previously expressed concerns that the proposal is not a true
multiple use project as LSLUs and EHUs do not have different peak parking
periods, Section 12-10-12, Vail Town Code, does not regulate the use of the
credit by shared or unshared peak parking hours. LSLUs and EHUs are listed as
separate and distinct uses in Section 12-7J-2, Permitted Uses, Vail Town Code
and as such qualify for the 7.5% credit.
The number of parking spaces between hotel guests, EHU residents, multiple -
family dwelling units, and the general public is as follows:
There are four (4) ADA accessible parking spaces closest to the LSLU elevator
and four (4) ADA parking spaces closest to the EHU elevator.
Town of Vail
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LSLU
EHU / Multi -Family DU
Parking Club
Lower Level
Single
0
154
18
Tandem
0
14
0
Upper Level
Single
110
42
0
Tandem
0
0
0
Ramp
Single
0
0
22
Tandem
0
0
0
Totals
110
210
40
There are four (4) ADA accessible parking spaces closest to the LSLU elevator
and four (4) ADA parking spaces closest to the EHU elevator.
Town of Vail
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As proposed, with the 7.5% reduction, the updated parking demand is as follows:
Loading Berth Clearance Deviation:
Staff supports the requested deviation to the minimum 14 foot loading berth
height based on the availability of a temporary loading area in the drive aisle with
a sufficient width of 26 feet that allows for a delivery truck greater than ten feet
(10') in height without impeding other vehicles.
6. Access & Vehicular Circulation:
The revised site plan depicts several changes to site access and vehicular
circulation. These changes include a second full access driveway just west of
the hotel entry. This access point provides a separation between vehicles
entering or exiting the garage at the west end of the drive aisle and vehicles
using the eastern portion of the drive aisle for temporary loading, resident pick-
up/drop-off, and guest check-in.
At the hotel entrance, the drive aisle has been widened from 20 feet to 26 feet to
allow for temporary parking and loading during guest check-in.
In compliance with the Fire Department's fire staging requirement, Sheet A010 —
Proposed Site Plan depicts a 20' x 40' dedicated fire staging area at the east end
of the drive aisle. The Fire Department will require direct access from the fire
staging area to the building's fire command center.
7. Retaining Walls:
The retaining walls located behind the building have been revised to allow for
wider planting areas for trees and shrubs. In order to ensure that no easements
would be required from adjacent properties for the construction of the retaining
walls, staff requested, and received, stamped preliminary engineering plans for
the retaining walls.
Retaining Wall Height Deviation:
Staff supports the requested deviation to the maximum six foot (6') retaining wall
height as there are several projects in the surrounding area with similar
topographical conditions that required retaining walls in excess of six feet (6') in
height.
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Minimum Required by Code
Nov. 28, 2016 Plans
LSLU
0.7 spaces per unit (9 space deduction) = 110
110
EHU
2.0 spaces per unit (16 space deduction) = 198
210
DUs
2.0 spaces per unit (0 space deduction) = 12
Identified w/ EHUs
Total
320
360
Loading Berth Clearance Deviation:
Staff supports the requested deviation to the minimum 14 foot loading berth
height based on the availability of a temporary loading area in the drive aisle with
a sufficient width of 26 feet that allows for a delivery truck greater than ten feet
(10') in height without impeding other vehicles.
6. Access & Vehicular Circulation:
The revised site plan depicts several changes to site access and vehicular
circulation. These changes include a second full access driveway just west of
the hotel entry. This access point provides a separation between vehicles
entering or exiting the garage at the west end of the drive aisle and vehicles
using the eastern portion of the drive aisle for temporary loading, resident pick-
up/drop-off, and guest check-in.
At the hotel entrance, the drive aisle has been widened from 20 feet to 26 feet to
allow for temporary parking and loading during guest check-in.
In compliance with the Fire Department's fire staging requirement, Sheet A010 —
Proposed Site Plan depicts a 20' x 40' dedicated fire staging area at the east end
of the drive aisle. The Fire Department will require direct access from the fire
staging area to the building's fire command center.
7. Retaining Walls:
The retaining walls located behind the building have been revised to allow for
wider planting areas for trees and shrubs. In order to ensure that no easements
would be required from adjacent properties for the construction of the retaining
walls, staff requested, and received, stamped preliminary engineering plans for
the retaining walls.
Retaining Wall Height Deviation:
Staff supports the requested deviation to the maximum six foot (6') retaining wall
height as there are several projects in the surrounding area with similar
topographical conditions that required retaining walls in excess of six feet (6') in
height.
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Retaining Wall Location Deviation:
As the applicant has not indicated any hardship that would prevent the retaining
walls from being constructed the minimum two feet (2') from adjacent property
lines, staff does not support the requested deviation.
8. Landscaping:
Along the property frontage, the proposed landscaping includes shade trees
between the sidewalk and front drive aisle and foundation plantings between the
drive aisle and structure. Toward the rear of the building, the landscape plan
transitions to native vegetation and grasses as the slope connects to Meadow
Ridge Road. Trees and other plantings are depicted in the terraced areas of the
retaining walls.
The applicant is working with the Colorado Department of Transportation (CDOT)
to secure permits for planting the proposed trees in the North Frontage Road
right-of-way. The applicant has indicated that it will be possible to plant the trees
in the right-of-way and avoid the existing sewer line.
Sheet L1.1 was updated to identify the existing trees that the applicant will try to
preserve. However, the applicant has indicated preservation may not be
possible. It shall be presumed that the trees will be removed. All other existing
trees will be removed.
Per the request of staff and the PEC, Sheet L1.1 and L1.2 now include a full
plant schedule, including the specific species of evergreen and shade trees
proposed.
Also per the request of staff, Sheet L1.1 depicts the incorporation of Saskatoon
serviceberry, tall western sage, and Shubert chokecherry into this area of the
site.
Gregg Barrie, Senior Landscape Architect with the Town of Vail, is generally
receptive of the proposed landscape plan. Mr. Barrie's comments include:
1. Due to the site's elevation exceeding 7,500 feet, consider replacing the
White Spruce with Blue Spruce and finding a suitable replacement for the
Red Barron Crabapple; and
2. Lanceleaf Cottonwoods require more than six feet (6') of planting area
width and may eventually lead to buckling of the sidewalk. A BioBarrier
system along the north edge of the sidewalk may help protect the sidewalk
from the root system.
Also, the applicant has attempted to address the provision of additional
landscaping and open space through the green roof, though it does not meet the
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definition of landscaping or open space. The outdoor space and plantings on the
roof provide guests and residents an opportunity for fresh air and recreation.
9. Pedestrian & Transit:
At the request of Public Works, Sheet A010 — Proposed Site Plan shows that the
sidewalk has been adjusted to provide opportunities for snow storage from Town
plowing operations. Sheet A010 — Proposed Site Plan also depicts sidewalk
connections from the main sidewalk to crosswalks at the building's two (2)
entrances.
Due to the addition of the second access point, the bus stop has been relocated
from the center of the site to the west end of the site. Similar to the previously
approved project for the site, the applicant proposes a bus stop enclosure that
will be designed to meet any public art requirement. A shuttle system for guests
and residents is also proposed that will help alleviate demand on the bus system.
10. Mechanical Equipment:
In response to PEC and neighbor concerns, the garage venting has been
relocated from the west side of the building to the north side of the building
(below the elevation of the existing roadway) and the southeast corner of the
building. There is no HVAC equipment proposed on the roof. Laundry and other
mechanical equipment have been relocated to the lowest level of the structure.
11. Lot Configuration:
The applicant will plat the property as a single parcel. No condominium plat is
proposed. Several easements will be vacated and several utility easements will
need to be relocated. All easements will be vacated or established on the plat or
by separate legal instrument.
12. Rooftop:
The applicant is proposing a change from a simple green roof to an amenity
complete with seating areas, swimming pool, and hot tubs for hotel guests and a
grade -separated rooftop area for EHU residents with seating areas and hot tubs.
13. Sun -Shade Analysis:
The applicant has provided an updated sun -shade analysis, Sheets R5 and R6,
which depict the shadow caused by the building on an hourly basis on the winter
solstice and the spring and fall equinoxes. The sun -shade analysis indicates
some shadow on Meadow Ridge Road until 1:00 PM on the winter solstice and
until 11:00 AM on the spring equinox.
14. Exterior Lighting:
The applicant has provided a lighting plan featuring dark sky compliant bollards.
There are no other outdoor light fixtures proposed on the site.
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15. Signage:
There is no specific signage included with this application. Signage, including
signage for the parking facility, will be reviewed under a separate permit
subsequent to approval of zoning and design review of the structure.
16. Water Service:
While approval from the Eagle River Water and Sanitation District (ERWSD) is
not specifically required by the SDD application, the ERWSD has informed staff
of their concern of the increased density on their ability to adequately service the
site. Given the existing water and sewer service lines and infrastructure, the
ERWSD encourages the applicant to submit plans sufficient to allow a water
rights and capacity analysis.
VIII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA
Before acting on an SDD application, the Planning and Environmental Commission and
Town Council shall consider the following factors with respect to the proposed SDD:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Each series of revisions have brought the proposal more in line with the
character of the neighborhood and Vail in general. The mass, scale, and bulk of
the structure is larger than that of the surrounding structures; however, the newly
proposed architectural treatments such as a variety of roof forms and increased
horizontal and vertical articulation serve to visually break up the mass, bulk, and
scale of the building. The proposed building material and color palettes are
consistent with the identity and character of Vail as a mountain community. As a
result, the structure now appears as an assemblage of buildings, often seen
throughout the Town. Staff finds that the changes to the building elevations and
materials are a significant improvement from the previous plan.
The subject property is located on a development site in the PA -2 zone district,
which allows for a maximum 48 foot building height, but it is surrounded by
residential zone districts where 33 feet is the maximum building height.
Therefore, based upon the zoning of the subject property, there is to be a
difference in building height between the subject property and surrounding area.
Many of the Town's taller buildings are located along the frontage road as they
buffer surrounding area from the noise and aesthetics of the highway. Though
the proposed building height is greater than those in the surrounding area, the
applicant has demonstrated that the majority of habitable area is consistent with
the underlying zone district.
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The shape of the subject property leaves little room for a buffer zone between the
structure and adjacent properties. Therefore staff encourages the use of high
quality landscape materials suitable to the environment and root space available.
Staff finds the proposal meets this criterion.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
The PA -2 zone district is intended to provide sites for lodges, LSLUs, and
residential accommodations outside of the periphery of the Vail Village and
Lionshead commercial core areas. The proposed LSLUs, EHUs, and
commercial parking facility are either permitted by right or conditional uses within
the underlying PA -2 zone district. Per Town Code, up to 150 square feet of
GRFA may be permitted for each 100 square feet of buildable site area, though
final determination of allowable GRFA shall be made by the PEC. The total
density allowed by the underlying PA -2 zone district is not to exceed 25 dwelling
units per acre of buildable site area, although LSLUs and EHUs do not count
toward density within the PA -2 zone district. This is due to the fact that the PA -2
zone district is specifically intended to accommodate higher densities that
contribute to a critical mass where a population is able to access transit and
services.
This site is situated to take advantage of commercial services located in the
nearby West Vail Mall commercial area, offering a variety of services from
groceries to restaurants and drying cleaning that are typically used by residents.
There is a strong relationship between the establishment of the uses located in
the Commercial Core 3 (CC3) zone of the West Vail area and the original intent
of the subject site being zoned PA -2 so that the commercial services could be
easily accessed. The site also offers immediate access to the North Frontage
Road bicycle and pedestrian trail to allow residents and guests the opportunity to
move about Vail without a vehicle, which is a public benefit. The new 1-70
underpass is less than a mile away from the proposed project and, upon
completion in 2017, will facilitate direct bicycle and pedestrian access to
Lionshead and Vail Villages, which is another benefit of allowing additional
density at this location. As the site is immediately adjacent to the 1-70 corridor,
the site is also ideally located as a place to transition residential density from
higher density to lower as you move further from the 1-70 corridor. Higher density
projects are typically located adjacent to higher -volume roadways to help provide
a visual and noise buffer for lower density properties located further from those
roadways.
The proposed project is primarily residential in nature, similar to surrounding
uses which are also residential. The residential properties adjacent to the site
range from low density single family homes and duplexes in the Grand Traverse
SDD north of the subject property to as much as 29 dwelling units per acre in the
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Buffehr Creek Condos adjacent to the west side of the subject property. As a
result of the proposed residential use, there should be less land use conflict from
what could otherwise be impacted by traffic, noise and light that would result from
more intense uses.
Staff finds that the proposal meets this criterion.
3. Parking and Loading: Compliance with parking and loading requirements
as outlined in chapter 10 of this title.
The parking dimensions and number of parking spaces provided comply with Vail
Town Code. Parking provides a critical function in Vail and opportunities to
increase the number of parking spaces available should be regarded favorably.
As the applicant is proposing parking in excess of the minimum requirements,
public parking with direct access to transit will be made available, taking some
pressure off the frontage road parking, which is a public benefit.
While the height of the loading berths within the garage facility does not meet
code, there is an opportunity for temporary loading within the area of the drive
aisle that is 26 feet wide, thereby meeting the intent of the code.
Staff finds the proposal meets this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff has reviewed the Vail Comprehensive Plan and found the following
documents and associated goals, objectives, statements applicable to this
proposal:
Vail Land Use Plan (in part)
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
3.1 The hotel bed base should be preserved and used more efficiently.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
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3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Vail 20/20 Strategic Action Plan (in part)
Land Use and Development:
Goal #4: Provide for enough deed -restricted housing for at least 30
percent of the workforce through policies, regulations and public
initiated development.
Housing:
Goal: The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs and
keeps more employees living in the town, and will provide for enough
deed -restricted housing for at least 30 percent of the workforce through
policies, regulations and publicly initiated development.
Actions / Strategies:
• Research parking requirements for employee housing and
consider reducing requirements for employee housing
developments.
• Expand the number of employee beds in the Town of Vail.
o Consider increasing incentives in performance zoning for
property owners who build EHUs.
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Vail Economic Development Strategic Plan (in part)
Policies:
Goal #4: Provide support for a quality workforce delivering world-class
service to positively impact Vail's economy.
Objective 4.1: Work with the business community, Eagle County
and other municipalities to address future workforce housing needs.
Objective 4.3: Work with the business community and Eagle
County to address parking and transportation issues for workers
and guests.
Chapter VII. Evaluation and Analysis, Weaknesses:
Inefficient Facilities: Older lodging accommodations
Vail Housing 2027 (in part)
Mission:
We create, provide, and retain high quality, affordable, and diverse
housing opportunities for Vail residents to support a sustainable year
round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our
residents have a place to live in Vail.
Policy Statement:
We acknowledge that the acquisition of deed restrictions on homes for
Vail residents is critical to maintaining community. Therefore, we
ensure an adequate supply and availability of homes for residents and
recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems,
fire, police, and other services of the municipal government.
Ten Year Goal:
The Town of Vail will acquire 1,000 additional resident housing unit
deed restrictions by the year 2027. These new deed restrictions will be
acquired for both existing homes as well as for homes that are newly
constructed by both the Town of Vail and private sector developers.
LSLUs provide an important Zink in Vail's lodging industry by offering short term
accommodations in the mid -price range that is more attainable to the middle
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class demographic. There are limited locations within Vail where this
accommodation type may be located and the subject site was specifically zoned
PA -2 to accommodate this type of use. Close proximity to the services available
in West Vail was a key consideration of the zoning of this site since it allows easy
access to those businesses by residents and guests.
The proposed development of EHUs realizes several community goals,
especially the Vail Housing 2027 Ten Year Goal of acquiring 1,000 deed
restrictions. It is important to note that the requirements of inclusionary zoning
and commercial linkage are not enough to close the gap in the employee housing
deficit in Vail. The proposal to add 107 Type III deed -restricted EHUs will make a
significant contribution toward the goals of providing workforce housing in the
town. The significance of providing local workforce housing is critical to reduce
the number of employees driving to and parking in town as well as adding to the
fabric of the resort community and adding to the critical mass that helps support
the West Vail business community. By doing so, numerous policies of the Vail
Economic Development Strategic Plan are realized, such as Goal Number 4,
"Provide support for a quality workforce delivering world-class service to
positively impact Vail's economy."
The proposal specifically addresses Goals 1.1, 1.12, 3.3, 5.4, and 5.5 in the Vail
Land Use Plan in that they speak to the importance of infill redevelopment and
meeting visitor and employee lodging and housing demands.
The proposal also speaks to the Vail 20/20 Strategic Action Plan's statement that
the Town recognizes the need for housing as infrastructure that promotes
community, reduces transit needs and keeps more employees living in the town.
The proposal is representative of a rare infill -development opportunity in Vail that
will accommodate two critical uses in high demand that would otherwise be
relegated to a location outside the town boundary. The infill site provides a
public benefit by allowing these high demand uses in a location within Vail that
would minimize car -dependency and contribute economically to businesses in
the West Vail commercial district.
Staff finds that the proposal meets this criterion.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
The northeast portion of the site is located in a steep slope zone. The applicant
has provided a subsurface conditions report, geotechnical report, and bedrock
evaluation letter for review by the Public Works Department.
Staff finds that the proposal meets this criterion.
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6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The revisions to the architectural design contribute positively to the overall
aesthetic quality of the community. While open space is minimal, the applicant
has attempted to provide creative solutions such as the green roof amenity to
help address this issue. The applicant has provided a high quality design in
regards to the site plan and building appearance and has attempted to balance
elements such as open space and landscaping with other important community
goals that would help improve the overall quality of the community.
LEED certification also helps mitigate some of the impact on the natural features
and landscaping on site. Also, LEED certification of such a structure is a public
benefit in that it raises the bar for future construction in the Town.
Staff finds the proposal meets this criterion.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Staff finds that the addition of a second access point will help separate vehicles
using the garage from those vehicles associated with hotel check-in, EHU pick-
up/drop-off, and other assorted deliveries. The expansion of the drive aisle to 26
feet in width near the hotel entrance will help ensure vehicles can circulate along
the drive aisle without being blocked by guests checking into the hotel. The
sidewalk connections and crosswalks will help mitigate vehicle -pedestrian
conflicts.
For improved vehicular circulation, the applicant could provide EHU access via
Meadow Ridge Road, but is providing access via the North Frontage Road to
minimize the impact to the residences on Meadow Ridge Road.
The Traffic Impact Study anticipates a maximum of 238 Saturday peak hour trips,
178 morning peak hour trips, and 207 evening peak hour trips, including all
modes of travel. The Traffic Impact study also anticipates an even 50/50 split
between trips traveling from the east and west on the North Frontage Road under
short-term conditions.
Staff finds the proposal meets this criterion.
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8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
The applicant has attempted to provide creative landscaping solutions by
landscaping the retaining wall terraces and planting trees along North Frontage
Road. As indicated in Item 6, the applicant has attempted to provide a creative
solution to the lack of open space by providing a green roof area with amenities
available to both hotel guests and EHU residents.
Staff finds the proposal meets this criterion.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development
of the special development district.
The proposal is intended to be constructed in one phase. Staging for any
construction related activity will be reviewed by staff to ensure impacts to public
rights-of-way and adjacent properties are minimized. It is anticipated that the use
of the North Frontage Road West right-of-way will be necessary. This right-of-
way is controlled by the Colorado Department of Transportation (CDOT) and will
require all appropriate review and permits from CDOT prior to the start of
construction.
Staff finds the proposal meets this criterion.
IX. CRITERIA FOR A CONDITIONAL USE PERMIT
A conditional use permit is requested for a commercial parking facility in this zone
district. The following criteria are specific to the commercial parking facility:
1. Relationship and impact of the use on development objectives of the town.
The Vail Land Use Plan identifies the need for parking and access that should be
accommodated through creative solutions and a stated goal that surface parking
should be reduced and provided underground where possible. The Vail Land
Use Plan also expresses a goal that parking be improved and adequate parking
should be provided to accommodate day skier growth. The addition of the
commercial parking facility will reduce some of the demand for parking within the
town parking structures or along the North Frontage Road.
Staff finds the proposal meets this criterion.
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January 3, 2017 - Page 129 of 4
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
As the commercial parking facility will be located below grade there should be
minimal, if any, impact on light and air. The parking spaces will remove some
demand from the town's parking facilities and may lesson the traffic on streets
that serve and the demand for parking at parks and recreation facilities due to
their frequent use as overflow skier parking. The proposal will have no impact on
the distribution of population, utilities, schools and other public facilities and
public facilities needs. The proximity to a bus stop will also lessen the demand
for parking in the Town's garages and remove more vehicles from congested
roads.
Staff finds the proposal meets this criterion.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas
The proposed commercial parking facility will result in increased traffic along the
North Frontage Road, but the applicant has submitted a Transportation Impact
Study that demonstrates the impact from the commercial parking facility portion
of the project will be minimal. The Traffic Impact Study was completed when the
applicant anticipated 100 surplus parking spaces. While the specific number of
trips generated is no longer valid, the overall percent of total trips generated by
the surplus parking spaces accounted for 21 % of Saturday peak hour trips, 20%
of morning peak hour trips, and 23% of evening peak hour trips.
As the commercial parking facility is located below grade, the proposed facility
will not impact the removal of snow from the streets and parking area.
Staff finds the proposal meets this criterion.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
As the proposed commercial parking facility will be incorporated into the new
structure and located below grade the scale and bulk of the facility will have no
impact on the character of the area or its surrounding uses.
Staff finds the proposal meets this criterion.
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January 3, 2017 - Page 130 of 4
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this title.
An environmental impact report was not required for the proposed commercial
parking facility.
X. STAFF RECOMMENDATION
SDDs are an opportunity to allow flexibility in design to a property owner while
advancing the goals and objectives of the Town comprehensive plan. Balancing the
impact of the development on the surrounding area with benefits to the broader
community through the achievement of said goals and objectives is an extremely
difficult task. Based on the most recent revisions, staff finds that the proposal has
successfully balanced these oftentimes competing interests and that the public benefit
outweighs the deviations.
Based upon the review of the criteria outlined in Section VIII and Section IX of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends the Planning and Environmental Commission forwards a
recommendation of approval, with conditions, to the Town Council for the applicant's
request to establish Special Development District No. 41, Marriott Residence Inn and
associated conditional use permit for a commercial parking facility.
A separate motion is required for the request to establish the SDD and to grant a
conditional use permit for a commercial parking facility.
Motion for Approval — Special Development District:
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, to the Vail Town Council for the
establishment of Special Development District No. 41, Marriott Residence Inn, the
Community Development Department recommends the Commission passes the
following motion:
"The Planning and Environmental Commission forwards the Vail Town Council a
recommendation of approval for an application to establish Special Development
District No. 41, Marriott Residence Inn, pursuant to Section 12-9(A), Vail Town
Code, to allow for the development of a limited service lodge and deed restricted
employee housing units, located at 1783 North Frontage Road West/Lots 9-12,
Buffehr Creek Resubdivision, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, to the Vail Town Council for the
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January 3, 2017 - Page 131 of 4
establishment of Special Development District No. 41, Marriott Residence Inn, the
Community Development Department recommends the following conditions:
1. Approval of Special Development District No. 41, Marriott Residence Inn, is
contingent upon the applicant obtaining Town of Vail approval of an
associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental Design
(LEED) certification for the structure within one (1) year of issuance of the first
Certificate of Occupancy. Failure to obtain the certification within the identified
time -frame will necessitate a return to the Planning and Environmental
Commission and/or Town Council for an evaluation of a suitable,
replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall identify
the six (6) unrestricted, rental dwelling units and provide documentation that
the units shall have the right -of -use to the lodge's service and facilities under
the same rules and regulations as the lodge guests.;
4. Prior to submitting any building permit application, the applicant shall submit
revised plans relocating the proposed retaining walls at least two feet (2')
from adjacent property lines;
5. Should the Colorado Department of Transportation (CDOT) not approve the
proposed landscaping in the North Frontage Road right-of-way, the applicant
shall submit a revised landscape plan, for review and approval, prior to
submitting any building permit application, subject to Design Review;
6. Prior to submitting any building permit application, the applicant shall submit
revised plans that clearly illustrate signage and striping of the fire staging
area;
7. Prior to submitting any building permit application, the applicant shall submit
revised plans that illustrate the continuation of the proposed sidewalk to the
intersection with Buffehr Creek Road;
8. Prior to submitting any building permit application, the applicant shall submit
approval from CDOT related to all proposed work within the CDOT right -of
way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts
through the payment of a Transportation Impact Fee that shall not be offset
by the project level improvements. This payment shall be made prior to
requesting any Certificate of Occupancy for the project. The fee shall be
determined through the ongoing update and codification to the Impact Fee as
approved by the Town Council. In the event that the updated fee is not
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January 3, 2017 - Page 132 of 4
adopted by the Town Council prior to July 1, 2017, the applicant shall provide
a payment, prior to requesting any Certificate of Occupancy, based upon net
new PM Peak Hour vehicle trips generated by the development. The amount
per trip shall be assessed at the established rate as of July 1, 2017; and
10. Prior to submitting any building permit application, the applicant shall provide
roadway and snow storage easements for the portion of Meadow Ridge Road
that encroaches onto the subject property in a format acceptable to the
Town's Attorney.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, to the Vail Town Council for the
establishment of Special Development District No. 41, Marriott Residence Inn, the
Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section VIII of the Staff
memorandum to the Planning and Environmental Commission dated November
28, 2016, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The SDD complies with the standards listed in Section VIII of this
memorandum, or the applicant has demonstrated that one or more of the
standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. The SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the
highest quality.
Motion for Approval — Commercial Parking Facility Conditional Use Permit
Should the Planning and Environmental Commission choose to approve, with one
condition, the request for a conditional use permit for a commercial parking facility, the
Community Development Department recommends the Commission passes the
following motion:
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January 3, 2017 - Page 133 of 4
"The Planning and Environmental approves this request for a conditional use
permit, pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, to allow
for a commercial parking facility, located at 1783 North Frontage Road West/Lots
9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with one
condition, the request for a conditional use permit for a commercial parking facility, the
Community Development Department recommends the Commission recommends the
following condition:
1. "The conditional use permit for a commercial parking facility shall lapse and
become void if a building permit is not obtained and diligently pursued toward
completion or the approved use has not commenced within two (2) years from
the date of approval. Any conditional use which is discontinued for a period of
two (2) years, regardless of any intent to resume operation, shall not be
resumed thereafter; any future use of the site or structures thereon shall
conform to the provisions of Title 12, Vail Town Code."
Should the Planning and Environmental Commission choose to approve, with one
condition, the request for a conditional use permit for a commercial parking facility, the
Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section IX of the Staff
memorandum to the Planning and Environmental Commission dated November
28, 2016, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed location of the use is in accordance with the purposes of
this title and the purposes of the Public Accommodation -2 (PA -2) zone
district;
2. The proposed location of the use and the conditions under which it would
be operated or maintained will not be detrimental to the public health,
safety, and welfare, or materially injurious to the properties or
improvements in the vicinity; and
3. The proposed use complies with each of the applicable provisions of this
title."
XI. ATTACHMENTS
A. Vicinity Map
B. Project Narrative, dated November 2, 2016
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January 3, 2017 - Page 134 of 4
C. Transportation Impact Study, prepared by McDowell Engineering LLC and dated
August 5, 2016
D. Plan Set, dated November 28, 2016
E. Summary of Changes to Previously Submitted Plans, dated November 2, 2016
F. Public Comments received by November 23, 2016
G. Relevant Planning Documents
H. Draft Conditional Use Permit
I. Information about Lion's Ridge parking
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January 3, 2017 - Page 135 of 4
Mauriello Planning Group
November 2, 2016
Planning and Environmental Commission
Matt Panfil , AICP
Town Planner
Town of Vail
Community Development Department
Re: Marriott Residence Inn and Employee Apartments
Dear Matt and PEC Members:
This letter is intended to provide you with a summary of the changes we have made to the
plan based on comments we received from staff, heard from the PEC and the public at the
hearing held on October 10, input we received at the open house we held on October 17
with the neighbors and public, and comments we received from CDOT staff regarding our
access. A revised submittal document has been provided reflecting the changes.
We requested this application be tabled from the October 24 PEC hearing date and
rescheduled to the November 14 hearing date in order to afford our team more time to
appropriately address comments and revise the plans.
We believe that the revised plans address all of the comments we heard in a meaningful and
significant manner and hope that you will agree. We did this without losing any apartments
or hotel rooms.
Building Height, Mass, and Architecture
You will note some dramatic changes to the proposal. The building was lowered and the
floor to floor dimension was reduced in order to significantly reduce the height of the building
much closer to 48' in height. The garage level was lowered 10' to assist in the reduction of
building height. The tower on the west west of the building was also lowered resulting in a
reduction in height of 13' - 9" on the west end of the building. The reduction in overall
building height on the west side of the building is equal to approximately one story of the
building. The building was essentially pushed down into the ground. Some of the areas that
Mauriello Planning Group
P.O. Box 4777
Eagle, CO 81631
MPG
Mauriello Planning Group
MPGVail.com
dominic@mpgvail.com
970-376-3318
January 3, 2017 - Page 136 of 4
exceed 48' in height tend to be architectural elements which in many cases code allows to
exceed building height up to 15'.
The bulk and mass and the facade of the building have been broken up significantly with 6',
8' and 10' changes in the facade. The roof forms have been revised to also lessens the scale
of the building. Additionally, a more formal porte cochere has been provided at the hotel
entrance to enhance the architecture of the building and improve the arrival experience. We
believe these efforts have addressed the comments we received from the PEC and the public
in a genuine and significant way.
Vehicular Access and Fire Staging
You will also notice changes to the vehicular access to the site as well as the front driveway
and entrance to the garage. These changes are the result of three considerations: the need
to provide the Vail Fire Department with a dedicated fire staging area (20' x 40'), the
lowering of the building height which lowered the elevation of the garage floor level, and
based on comments provided to us by CDOT and the neighbors regarding the location of the
western access to the property. The west access has been relocated to the east and a new
ramp is provided to the below grade parking and loading facility.
Fire staging will now occur on the far east end of the driveway with direct access to a fire
command center for the building. With this dedicated staging area, the remainder of the
driveway is no longer designated as a fire lane.
Parking and Loading
The parking garage has been modified as to provide 360 parking spaces, 14 of which are
tandem spaces (7 spaces used by 14 cars). One of the concerns of the PEC was how the
tandem parking would operate. We have addressed this concern by eliminating the bulk of
the tandem parking. The 14 spaces are designated as apartment spaces.
While the applicant believes that the apartment parking will be over parked using the Town's
codified formula for parking requirements, the applicant is proposing parking in strict
compliance with Town Code including the non -discretionary multiple use credit of 7.5%.
As a result of using the Town's parking formula and credit the parking will be utilized as
follows:
• Apartments - 210 spaces (for 113 units)
• Hotel - 110 spaces (for 170 hotel rooms)
• Leased Parking/Surplus - 40 spaces
Level one of the parking garage will have a clear height of 10' minimum as will the entrance
with consideration for the slope of the driveway. Provided are four shuttle bus parking
spaces as well as two generous loading spaces: one for the hotel and one for the
apartments. There will remain a loading space for larger delivery trucks in the front
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January 3, 2017 - Page 137 of 4
driveway. This project will have very limited need for day to day loading and delivery given
the limited food and beverage services or lack of retail uses provided onsite.
Apartment Deed Restrictions
The proposed deed restriction for workforce housing has been modified to simplify the
process and enforcement. Originally, the applicant was proposing to mirror the deed
restriction for the Lion's Ridge project. However, that restriction only provides that 70% of
the units be deed restricted and allows the operator to dip below the 70% limit under certain
circumstances. The Lion's Ridge deed restriction does not translate well to this project.
Instead, the applicant is now proposing that 107 of the 113 units be deed restricted as a Type
3 EHU using the Town's standard deed restriction without modifications. That leaves only 6
apartments that will be unrestricted yet they will still limited as rental units (i.e., not
condominium units for sale). The 107 units to be restricted will be indicated in a final plan at
building permit. This puts the percentage of deed restricted units at 95% of the apartments
available. The applicant believes this approach to be the cleanest approach and allows 6
units to be leased to non -locals or those working less than 30 hours a week should the need
arise. None of these deed restricted units are being "banked" to sell to other developers. A
type 3 deed restriction has been provided by staff.
Venting and Mechanical
The venting and mechanical facilities have been modified based upon PEC and neighbor
concerns. The garage venting previously located on the west side of the building has been
relocated. That venting is now located on the north side (well below the elevation of the
roadway) and the south side of the building at the far east end of the building. The HVAC
mechanical equipment and laundry has been relocated to the lowest level of the garage and
there is no HVAC equipment proposed for the roof of the structure.
Landscape Plan and Retaining Walls
The retaining walls located behind the building have been revised to provide larger planting
zones for trees and shrubs. The landscape plan has been updated to provide specific plant
species and the detail desired by staff and the PEC. It should be noted that modifications to
the landscape plan could occur during formal DRB process after the SDD approval occurs.
CDOT allows trees to be planted in the right-of-way subject to approval of a special use
permit (staff approval). This is not uncommon along the frontage roads as evidenced by the
existing trees located in the right-of-way on the subject property. A similar approval was
given by CDOT for the West Day Lot parking lot in Lionshead. There is an existing sewer line
in this area that can easily be avoided with the planting of trees.
Stamped preliminary engineering designs for the retaining walls and shoring have been
included in the submittal.
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January 3, 2017 - Page 138 of 4
Platting and Easements
The applicant intends to plat the property as a single parcel of land. There is no
condominium map proposed. There are several easements that will be vacated and several
utilities that will be relocated. We don't expect any issues with utility providers in this regard
and they are aware of our plans. All easements will be vacated or established on the plat or
by separate legal instrument.
The project is located within the area served ERWSD. The District has a process that requires
payment of connection fees and payments for water rights that will occur prior to a building
permit being issued for the project, no different than all other redevelopment projects within
the Town.
Exterior Lighting
An exterior lighting plan has been provided. All light Fixtures are proposed to be dark sky
compliant bollards and there is no proposed light fixtures on the exterior building facades.
Public Art
As was the case with the previous project, the applicant proposes a bus stop enclosure that
will be designed to meet any public art requirement.
Site Coverage
The site coverage calculation has been verified by the applicant. The below grade site
coverage (parking structure) is 94.5% and the above grade site coverage is 55.4%.
Sun Shade Analysis
A revised sun shade analysis has been provided showing the shadow caused by this building
on an hourly basis throughout the day on the winter solstice and the spring/fall equinoxes.
The analysis shows very little impact to neighboring properties or Meadow Ridge Road
throughout the course of the day. By 1:00 pm during the winter solstice, the most extreme
day of the year for shadows, there is no shadows on Meadow Ridge Road. During the
equinoxes, by 11:00 am there is little to no shadow on Meadow Ridge Road.
Sidewalks
The sidewalk along the North Frontage Road has been adjusted to provided opportunities for
snow storage from community plowing. All of the internal sidewalks and the driveway on the
subject property will be heated. Crosswalks and sidewalk connectors have been provided as
suggested by staff.
Vail Local Housing Authority Endorsement
The Vail Local Housing Authority formally voted to endorsed the project (see endorsement
letter). The Authority made the following findings in its motion:
• The proposed project meets the strategic goals of the adopted housing plan; and
• It furthers the policy objectives of the Deed Restriction Purchase Program; and
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January 3, 2017 - Page 139 of 4
• The development of this project will add at least 107 employee housing rental units to
the inventory of EHUs in the Town of Vail.
We hope that you will recognize the substantial efforts taken to address the comments of the
PEC and the neighbors. We are hopeful for a recommendation of approval to the Town
Council. If the PEC has some element it wishes to disagree with (we hope there are none) we
suggest that be handled with a condition of the approval.
Sincerely,
kaiz,,AficL
Dominic F. Mauriello, AICP
Principal
5
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January 3, 2017 - Page 140 of 4
ATTACHMENT G — APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 11 — Sign Regulations, Vail Town Code
Chapter 8 — Sign Programs (in part)
11-8-2: CRITERIA:
Sign programs shall be required for all new or demolished/rebuilt multi -family
residential projects and for new or demolished/rebuilt commercial projects.
Title 12 — Zoning Regulations, Vail Town Code
Chapter 1 — Title, Purpose, and Applicability (in part)
12-1-2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the town, and to
promote the coordinated and harmonious development of the town in a
manner that will conserve and enhance its natural environment and its
established character as a resort and residential community of high
quality.
B. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and
public facilities.
2. To secure safety from fire, panic, flood, avalanche,
accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street
parking and loading facilities.
5. To conserve and maintain established community qualities and
economic values.
January 3, 2017 - Page 141 of 4
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with municipal development
objectives.
7. To prevent excessive population densities and overcrowding of
the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and
other desirable natural features.
10. To assure adequate open space, recreation opportunities, and
other amenities and facilities conducive to desired living
quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
Chapter 2, Definitions (in part)
EMPLOYEE HOUSING UNIT (EHU):
A dwelling unit which shall not be leased or rented for any period less than
thirty (30) consecutive days, and shall be occupied by at least one person
who is an employee. For the purposes of this definition "employee" shall
mean a person who works an average of thirty (30) hours per week or more
on a year round basis in Eagle County, Colorado.
LODGE UNIT, LIMITED SERVICE:
Any room or group of rooms with "kitchen facilities", as defined herein, in a
limited service lodge which are designed for temporary occupancy by visitors,
guests, individuals, or families on a short term rental basis, and accessible
from common corridors, walks, or balconies without passing through another
accommodation unit, limited service lodge unit, fractional fee club unit or
dwelling unit. A limited service lodge unit is not intended for permanent
residency and shall not be subdivided into an individual condominium unit,
pursuant to title 13, "Subdivision Regulations", of this code.
RESIDENTIAL DEVELOPMENT:
A development that includes at least one dwelling unit, including single-family
dwellings, two-family dwellings, multiple -family dwellings, fractional fee club
units, lodge dwellings units, attached accommodation units, and timeshare
units.
Chapter 7, Commercial and Business Districts, Article J. Public Accommodation -
2 (PA -2) District (in part)
Town of Vail Page 2
January 3, 2017 - Page 142 of 4
12-7J-1: PURPOSE
The public accommodation -2 district is intended to provide sites for lodges,
limited service lodges, and residential accommodations on a short term basis,
for visitors and guests, together with such public and semipublic facilities and
commercial/retail and related visitor oriented uses as may be appropriately
located within the same zone district and compatible with adjacent land uses.
This district is intended to provide for lodging sites located outside the
periphery of the town's Vail Village and Lionshead commercial core areas.
The public accommodation -2 district is intended to ensure adequate light, air,
open space, and other amenities commensurate with lodge uses, and to
maintain the desirable resort qualities of the zone district by establishing
appropriate site development standards. Additional nonresidential uses are
allowed as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly
with the high density lodging character of the zone district.
12-7J-2: PERMITTED USES:
The following uses shall be permitted in the PA -2 district:
Employee housing units, as further regulated by chapter 12 of this title.
Limited service lodge, including accessory eating, drinking, or retail
establishments located within the principal use and not occupying more than
ten percent (10%) of the total gross residential floor area of the main structure
or structures on the site; additional accessory dining areas may be located on
an outdoor deck, porch, or terrace.
12-7J-3: CONDITIONAL USES:
Public or commercial parking facilities or structures.
12-7J-6: SETBACKS:
In the PA -2 district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be twenty feet (20), and the minimum rear
setback shall be twenty feet (20). At the discretion of the planning and
environmental commission and/or the design review board, variations to the
setback standards outlined above may be approved during the review of
exterior alterations or modifications (section 12-7J-12 of this article) subject to
the applicant demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
Town of Vail Page 3
January 3, 2017 - Page 143 of 4
B. The proposed building setbacks will provide adequate availability of
light, air and open space.
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
12-7J-7: HEIGHT:
For a flat or mansard roof, the height of buildings shall not exceed forty five
feet (45). For a sloping roof, the height of buildings shall not exceed forty
eight feet (48).
12-7J-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (65%) of the total site area.
Final determination of allowable site coverage shall be made by the planning
and environmental commission and/or the design review board in accordance
with section 12-7J-12 of this article. Specifically, in determining allowable site
coverage the planning and environmental commission and/or the design
review board shall make a finding that proposed site coverage is in
conformance with applicable elements of the Vail comprehensive plan.
12-7J-11: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter
10 of this title. At least seventy five percent (75%) of the required parking
shall be located within the main building or buildings and hidden from public
view. No at grade or above grade surface parking or loading area shall be
located in any required front setback area. Below grade underground
structured parking and short term guest loading and drop off shall be
permitted in the required front setback subject to the approval of the planning
and environmental commission and/or the design review board.
12-7J-14: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct
impacts of their development on public infrastructure and in all cases
mitigation shall bear a reasonable relation to the development impacts.
Impacts may be determined based on reports prepared by qualified
consultants. The extent of mitigation and public amenity improvements shall
be balanced with the goals of redevelopment and will be determined by the
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planning and environmental commission in review of development projects
and conditional use permits. Substantial off site impacts may include, but are
not limited to, the following: deed restricted employee housing, roadway
improvements, pedestrian walkway improvements, streetscape
improvements, stream tract/bank restoration, loading/delivery, public art
improvements, and similar improvements. The intent of this section is to only
require mitigation for large scale redevelopment / development projects which
produce substantial off site impacts.
Chapter 9 — Special and Miscellaneous Districts (in part)
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to
encourage flexibility and creativity in the development of land in order
to promote its most appropriate use; to improve the design character
and quality of the new development with the town; to facilitate the
adequate and economical provision of streets and utilities; to preserve
the natural and scenic features of open space areas; and to further the
overall goals of the community as stated in the Vail comprehensive
plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall
establish the requirements for guiding development and uses of
property included in the special development district.
12-9A-4: DEVELOPMENT REVIEW PROCEDURES:
A. Approval Of Plan Required: Prior to site preparation, building
construction, or other improvements to land within a special
development district, there shall be an approved development plan for
said district. The approved development plan shall establish
requirements regulating development, uses and activity within a
special development district.
B. Preapplication Conference: Prior to submittal of a formal application
for a special development district, the applicant shall hold a
preapplication conference with the department of community
development. The purpose of this meeting shall be to discuss the
goals of the proposed special development district, the relationship of
the proposal to applicable elements of the town's comprehensive plan,
and the review procedure that will be followed for the application.
C. PEC Conducts Initial Review: The initial review of a proposed special
development district shall be held by the planning and environmental
commission at a regularly scheduled meeting. Prior to this meeting,
and at the discretion of the administrator, a work session may be held
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with the applicant, staff and the planning and environmental
commission to discuss special development district. A report of the
department of community development staff's findings and
recommendations shall be made at the initial formal hearing before the
planning and environmental commission. Within twenty (20) days of
the closing of a public hearing on a proposed amendment, the planning
and environmental commission shall act on the petition or proposal.
The commission may recommend approval of the petition or proposal
as initiated, may recommend approval with such modifications as it
deems necessary to accomplish the purposes of this title, or may
recommend denial of the petition or rejection of the proposal. The
commission shall transmit its recommendation, together with a report
on the public hearing and its deliberations and findings, to the town
council.
D. Town Council Review: A report of the planning and environmental
commission stating its findings and recommendations, and the staff
report shall then be transmitted to the town council. Upon receipt of
the report and recommendation of the planning and environmental
commission, the town council shall set a date for hearing within the
following thirty (30) days. Within twenty (20) days of the closing of a
public hearing on a proposed SDD, the town council shall act on the
petition or proposal. The town council shall consider but shall not be
bound by the recommendation of the planning and environmental
commission. The town council may cause an ordinance to be
introduced to create or amend a special development district, either in
accordance with the recommendation of the planning and
environmental commission or in modified form, or the council may
deny the petition. If the council elects to proceed with an ordinance
adopting an SDD, the ordinance shall be considered as prescribed by
the Vail town charter.
12-9A-6: DEVELOPMENT PLAN:
An approved development plan is the principal document in guiding the
development, uses and activities of special development districts. A
development plan shall be approved by ordinance by the town council in
conjunction with the review and approval of any special development district.
The development plan shall be comprised of materials submitted in
accordance with section 12-9A-5 of this article. The development plan shall
contain all relevant material and information necessary to establish the
parameters with which the special development district shall develop. The
development plan may consist of, but not be limited to, the approved site
plan, floor plans, building sections and elevations, vicinity plan, parking plan,
preliminary open space/landscape plan, densities and permitted, conditional
and accessory uses.
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January 3, 2017 - Page 146 of 4
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height,
density control, site coverage, landscaping and parking shall be determined
by the town council as part of the approved development plan with
consideration of the recommendations of the planning and environmental
commission. Before the town council approves development standards that
deviate from the underlying zone district, it should be determined that such
deviation provides benefits to the town that outweigh the adverse effects of
such deviation. This determination is to be made based on evaluation of the
proposed special development district's compliance with the design criteria
outlined in section 12-9A-8 of this article.
12-9A-11: RECREATION AMENITIES TAX:
A recreation amenities tax shall be assessed on all special development
districts in accordance with title 2, chapter 5 of this code at a rate to be
determined by the town council. This rate shall be based on the rate of the
underlying zone district or the rate which most closely resembles the density
plan for the zone district, whichever is greater.
Chapter 10 — Off Street Parking and Loading (in part)
12-10-1: PURPOSE:
In order to alleviate progressively or to prevent traffic congestion and
shortage of on street parking areas, off street parking and loading facilities
shall be provided incidental to new structures, enlargements of existing
structures or a conversion to a new use which requires additional parking
under this chapter. The number of parking spaces and loading berths
prescribed in this chapter shall be in proportion to the need for such facilities
created by the particular type of use. Off street parking and loading areas are
to be designed, maintained and operated in a manner that will ensure their
usefulness, protect the public safety, and, where appropriate, insulate
surrounding land uses from their impact. In certain districts, all or a portion of
the parking spaces prescribed by this chapter are required to be within the
main building in order to avoid or to minimize the adverse visual impact of
large concentrations or exposed parking and of separate garage or carport
structures.
12-10-2: APPLICABILITY:
Off street parking and loading space shall be provided for any new building,
for any addition or enlargement of an existing building or for any conversion of
uses which requires additional parking under this chapter.
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12-10-9: LOADING STANDARDS:
Standards for off street loading shall be as follows:
A. Location: All off street loading berths shall be located on the same lot
as the use served, but not in the required front setback. Off street
loading berths shall be provided in addition to required off street
parking and shall not be located within accessways.
B. Size: Each required loading berth shall be not less than twelve feet
(12') wide, thirty five feet (35') long, and if enclosed and/or covered,
fourteen feet (14') high. Adequate turning and maneuvering space
shall be provided within the lot lines. At the planning and
environmental commission's discretion, variations to the minimum
loading berth dimension standards outlined above may be approved or
required, subject to the planning and environmental commission
finding that such variation is necessary to prevent negative impacts to
the public right of way.
12-10-10: PARKING REQUIREMENTS SCHEDULES:
Off street parking requirements shall be determined in accordance with the
following schedules:
B. Schedule B applies to all properties outside Vail's "commercial core
areas" (as defined in the town of Vail core area parking maps I and 11,
incorporated by reference and available for inspection in the office of
the town clerk):
Limited service lodge unit 0.7 spaces per limited service lodge unit
Multiple -family dwellings
If a dwelling unit's gross residential floor
area is more than 500 square feet, but
less than 2,000 square feet: 2 spaces
12-10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES:
Where a single parking facility serves more than one use, the total parking
requirement for all uses may be reduced in accordance with the following
schedule:
301-400 spaces 7.5 percent
Chapter 13 — Employee Housing (in part)
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12-13-1: PURPOSE:
The town's economy is largely tourist based and the health of this economy is
premised on exemplary service for Vail's guests. Vail's ability to provide such
service is dependent upon a strong, high quality and consistently available
work force. To achieve such a work force, the community must work to
provide quality living and working conditions. Availability and affordability of
housing plays a critical role in creating quality living and working conditions
for the community's work force. The town recognizes a permanent, year
round population plays an important role in sustaining a healthy, viable
community. Further, the town recognizes its role in conjunction with the
private sector in ensuring housing is available.
12-13-3: GENERAL REQUIREMENTS:
A. Deed Restriction, Occupancy Limitations, And Reporting Requirements
- Types 1, 11, Ill, And V:
1. No EHU shall be subdivided or divided into any form of
timeshare, interval ownerships, or fractional fee.
2. For EHUs which are required to be leased, they shall only be
leased to and occupied by tenants who are full time employees
who work in Eagle County. An EHU shall not be leased for a
period less than thirty (30) consecutive days. An EHU shall be
continuously rented and shall not remain vacant for a period to
exceed three (3) consecutive months.
3. Thirty (30) days prior to the transfer of a deed for an EHU, the
prospective purchaser shall submit an application to the
administrator documenting that the prospective purchaser
meets the criteria set forth herein and shall include an affidavit
affirming that he/she meets these criteria.
4. No later than February 1 of each year, the owner of an EHU
shall submit a sworn affidavit on a form provided by the town to
the community development department containing the
following information:
a. Evidence to establish that the EHU has been occupied
throughout the year by an employee;
b. The rental rate;
c. The employer; and
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d. Evidence to demonstrate that at least one tenant residing
in the EHU is an employee.
5. The deed restriction setting forth the provisions of this
subsection A shall be provided by the town. Said deed
restriction shall run with the land and shall not be amended or
terminated without the written approval of the Vail town council.
Said restriction shall be recorded by the town at the Eagle
County clerk and recorder's office prior to the issuance of a
certificate of occupancy.
B. Development Standards:
1. No structure containing an EHU shall exceed the maximum
GRFA permitted in this title except as specifically provided
herein.
2. All trash facilities shall be enclosed.
3. All surface parking shall comply with chapter 11 of this title.
4. Each EHU shall have its own entrance. There shall be no
interior access from any EHU to any dwelling unit it may be
attached to.
5. An EHU may be located in, or attached to, an existing garage
(existing on or before April 18, 2000, and whether located in a
required setback or not), provided that no existing parking
required by this code is reduced or eliminated. A type 1 EHU of
five hundred (500) square feet or less of GRFA may be
considered for physical separation from the primary unit, if it is
constructed in conjunction with a two (2) car garage and is
otherwise compatible with the surrounding properties, does not
have an adverse impact on vegetation, and does not dominate
the street. The design review board shall review such requests
for separation.
6. All EHUs must contain a kitchen or kitchenette and a bathroom.
7. Occupancy of an EHU shall be limited to the maximum of two
(2) persons per bedroom.
Chapter 23 — Commercial Linkage (in part)
12-23-1: PURPOSE AND APPLICABILITY:
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January 3, 2017 - Page 150 of 4
A. The purpose of this chapter is to ensure that new commercial
development and redevelopment in the town provide for a reasonable
amount of employee housing to mitigate the impact on employee
housing caused by such commercial development and redevelopment.
B. Except as provided in section 12-23-5 of this chapter, this chapter shall
apply to all new commercial development and redevelopment located
within the following zone districts:
3. Public Accommodation 2 (PA -2)
12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in table 23-1, "Employee
Generation Rates By Type Of Commercial Use", of this section, shall
be applied to each type of use in a commercial development. For any
use not listed, the administrator shall determine the applicable
employee generation rate by consulting the town's current nexus study.
TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF
COMMERCIAL USE
Type of Use
Accommodation unit /
limited service lodge unit
Employee Generation Rate
0.7 employee per net new units
C. Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs for twenty percent
(20%) of the employees generated, pursuant to table 23-1 of this
section, or the nexus study, in accordance with the requirements of this
chapter.
12-23-3: SIZE AND BUILDING REQUIREMENTS:
Town of Vail
A. Table 23-2, "Size of Employee Housing Units", of this section,
establishes the minimum size of EHUs and the number of employees
that can be housed in each. All EHUs shall meet or exceed the
minimum size requirements.
TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size (GRFA) # of Employees Housed
1 bedroom 613 1.75
2 bedroom 788 2.25
D. Parking shall be provided in accordance with chapter 10 of this title.
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January 3, 2017 - Page 151 of 4
1. Exception For On Site Units: At the discretion of the applicable
governing body, variations to the parking standards outlined in
chapter 10 of this title may be approved during the review of an
employee housing plan subject to a parking management plan.
The parking management plan may be approved by the
applicable governing body and may provide for a reduction in
the parking requirements for on site units based on a
demonstrated need for fewer parking spaces than chapter 10 of
this title would require. For example, a demonstrated need for a
reduction in the required parking could include:
a. Proximity or availability of alternative modes of
transportation including, but not limited to, public transit
or shuttle services.
b. A limitation placed in the deed restrictions limiting the
number of cars for each unit.
c. A demonstrated permanent program including, but not
limited to, rideshare programs, car share programs,
shuttle service, or staggered work shifts.
12-23-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare unit
or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30) consecutive
days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously occupied by an employee and shall not
remain vacant for a period in excess of three (3) consecutive months
unless, despite reasonable and documented efforts to occupy the
EHU, efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an EHU shall
submit a sworn affidavit on a form provided by the town to the town of
Vail community development department containing the following
information:
1. Evidence to establish that the EHU has been occupied
throughout the year by an employee;
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January 3, 2017 - Page 152 of 4
2. The rental rate (unless owner occupied);
3. The employee's employer; and
4. Evidence to demonstrate that at least one person residing in the
EHU is an employee.
Chapter 25— Public Art (in part)
12-25-1: PURPOSE:
The purpose of this chapter is to establish guidelines, procedures and
standards for the integration of public art into development projects in the
town. The enhancement of public places by integrating the creative work of
artists improves the pedestrian experience and promotes vibrancy, creativity
and livelihood in the community. The presence of and access to public art
enlivens the public areas of buildings and their grounds and makes them
more welcoming. It creates a deeper interaction with the places where we
live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future. A wealth of art and
culture in the public realm will foster the economic development of the
community.
12-25-2: APPLICABILITY:
This chapter shall apply to projects that have a public art component in the
approved development plan, as part of a special development district or an
exterior alteration or modification in the public accommodation (PA), public
accommodation -2 (PA -2), Lionshead mixed use 1 (LMU-1), Lionshead mixed
use 2 (LMU-2) and ski base/recreation 2 (SBR2) districts.
Title 14 — Development Standards, Vail Town Code
Chapter 3 — Residential and Commercial Access, Driveway and Parking
Standards (in part)
14-3-2: OTHER REQUIREMENTS:
A. Vehicular Maneuverability: Parking required for each dwelling unit
must be independently accessible (i.e., required parking for 1 unit
cannot block access for parking for another unit on site).
Chapter 10 — Design Review Standards (in part)
14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS,
BAY WINDOWS, ETC.:
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January 3, 2017 - Page 153 of 4
1. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural
features not usable as habitable floor area may extend above the height
limit a distance of not more than twenty five percent (25%) of the height
limit nor more than fifteen feet (15).
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January 3, 2017 - Page 154 of 4
TOWN OF SI)
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 14, 2016
SUBJECT: Lion's Ridge Parking Information
In response to the request for information regarding parking at the Lion's Ridge development,
staff has identified the following:
Unit Type
Number of Units
Parking Ratio per Unit
Parking Spaces Required
One Bedroom
29
1
29
Two Bedroom
84
1.47
123
Total
113
---
153
January 3, 2017 - Page 155 of 4
TOWN Ore)
PLANNING AND ENVIRONMENTAL COMMISSION
November28, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Members Present: Brian Gillette, Kirk Hansen, Ludwig Kurz, Henry Pratt, John
Rediker, John Ryan Lockman and Brian Stockmar
Absent: None
2. Site Visits - 30 min.
1. Marriott Residence Inn - 1783 North Frontage Road West
3. A request for recommendation to the Vail Town Council of an application to
establish Special Development District No. 41 (Marriott Residence Inn),
pursuant to Section 12-9(A), Special Development Districts, Vail Town Code,
to allow for the development of a limited service lodge and deed restricted
employee housing units and a conditional use permit for public or commercial
parking facilities or structures, located at 1783 North Frontage Road West/Lot
9, Buffehr Creek Resubdivision, and setting forth details in regard thereto.
(PEC16-0030).
Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group
Planner: Matt Panfil
Chairman Rediker opened the item.
Matt Panfil, Planner, introduced the project. Matt ran through a list of terms that are used
both in the staff report and staff's presentation. He discussed the objective of Special
Development Districts and how they are reviewed. Matt added emphasis that at times
there may be competing public interests.
Panfil summarized the application, including its components and the relationship of these
components to the town code. He presented the changes to the plans that have occurred
over the three meetings and plan sets.
Commissioner Hansen asked about the color coding shown for parking.
Commissioner Gillette asked about the parking requirement and allowable deductions for
multi—use facilities.
Panfil provided answers to these two questions. Matt stated that staff has concerns
about the multi -use parking credit but the code does not provide further clarification
January 3, 2017 - Page 156 of 4
regarding the parking reduction.
Commissioner Stockmar asked about parking requirements and the possibility that the
demand will be lower.
Panfil discussed the possibility of more spaces being available for public parking if future
demand from the residential uses does not meet the spaces provided. He closed out his
presentation with a discussion of the proposed deviations from the underlying zone
district.
Chairman Rediker requested that staff discuss the proposed conditions of approval.
Panfil provided the Commission with the proposed conditions of approval.
Chairman Rediker opened up for Commissioner's question.
Chairman Rediker asked about the acceptability of the conditions to the applicant and a
greater explanation of the LEED condition.
Chairman Rediker asked about the location of the retaining walls and the need to move
them 2' from the property line.
Commissioner Hansen asked about the needed easement for Meadow Ridge Road.
Commissioner Hansen asked about the shading of the road and if a plan for this was
needed.
Panfil provided greater details on what was being requested and indicated that no
mitigation for the shading is proposed.
Commissioner Kurz asked for clarification related to building height and how the building
height was able to be reduced by more than 12 feet without removing any floors to the
building.
Panfil discussed the changes in the building height.
Chairman Rediker asked about the height allowances over the limit.
Panfil discussed architectural projections and their allowance.
Commissioner Lockman asked about site coverage and how it is calculated.
Commissioner Lockman also asked about the availability of water service.
Panfil discussed these items and how the water service comment was meant as an
advisory alert to the applicant.
Commissioner Lockman asked about the applicability of an Environmental Impact Report
for this project.
Panfil stated that it had been discussed but had not been requested for previous projects.
January 3, 2017 - Page 157 of 4
Commissioner Hansen expressed concern with the traffic flow on the frontage road.
Commissioner Kurz asked if any of the technical aspects will result in a return to either
the PEC or Town Council.
Panfil stated that with the exception of CDOT technical issues, other items have been
addressed or are conditioned to do so.
Applicant presentation.
Dominic Mauriello made a PowerPoint presentation on behalf of the applicant.
Chairman Rediker asked the Commission if they have questions for the applicant.
Chairman Rediker asked about the step between the apartment units and the lodging
units.
Mauriello responded that it is partially due to a change in grade and also in response to
comments received that height is more acceptable along the eastern end.
Panfil and Mauriello reviewed some building sections that help to illustrate the proposed
height.
Chairman Rediker asked for clarification regarding the landscape plan at the rear of the
building (north side).
Mauriello responded that is was principally evergreen trees with some aspens.
Chairman Rediker asked if there was sufficient sunlight for the landscaping proposed.
Mauriello responded that the plan has been prepared by a landscape architect and
reviewed by the Town's landscape architect.
Public Comment
Randy Guerriero — Stated that the third plan is an improvement. Expressed concern with
the evergreens along the north side. He asked about improvements to the frontage road
such as deceleration or turn lanes. He asked a question about the deed restrictions. He
expressed concern with snow storage.
Ted Steers — Supportive of the proposed underground component. Rooftop landscaping
will require attention for detail. He expressed concern that Marriott would co-opt all of the
employee housing units for its own employee use. He is also concerned with the size of
the building and wondered why it is not broken into two or three buildings.
Molly Murphy — Vail Valley Medical Center (WMC) fully supports the project. No public
money subsidy is being requested. In her experience, the rent would be ok. The lodge
units help serve a demand that is not being met. WMC currently send people to
Hawthorne Suites in Eagle.
January 3, 2017 - Page 158 of 4
Chris Burns — He believes the revised plan is much better. He is concerned with possible
effects on the sanitary sewer system, the removal of existing old growth trees, the
proposed zero setback construction and the effects of the zero setback construction on
existing buildings. He is also concerned with the rooftop proposal and potential noise
affecting nearby properties. He expressed concern with the level of public amenities, and
that a bus shelter is not public art. He concluded by stating that the project is just too big
for the neighborhood and 150 units per acre is inconsistent with the area.
Steve Lindstrom — Vail Local Housing Authority (VLHA) supports the project. Vail is
landlocked and does not have room to sprawl in order to grow. Vail has to look inward at
what we have to solve our problems. Density is the solution, not the problem. The
1970's and 80's way of solving problems will not work. Lion's Ridge is a missed
opportunity. This project is a project that works towards a solution. There is not a better
site or a better project. We need private sector help to solve our housing problems.
Jason Cowles — Eagle River Water and Sanitation District (ERWSD) is working with the
applicant and looking at capacity issues. No answers at this time but the existing water
and sewer infrastructure will need to be upsized and loop up to Buffehr Creek Road.
Mike Brumbaugh — He is strongly in favor of this. Project addresses three important
issues in community: housing, lodging and parking. He is unable to expand business
opportunities because of employee housing issues. Vail Valley Partnership is also
supportive of the proposal. This project is part of the solution.
Jill Klosterman, Eagle County Housing — Addressed the county needs assessment and
how the need is growing. She spoke to the limited supply of land and how this may be
part of the solution.
Mary McDougall, VLHA — She supports the project as a board member and as a citizen.
The project is a great compromise between staff and developer.
Lori Johnson — Spoke to change in Vail, and Vail will continue to change. People who
are opposed are concerned about views. The Town needs to look at the sustainability
and growth of the community. Families with children are moving down valley. If we don't
figure out these community issues we won't have a community. We need to think about
solutions.
Greg Bemis — Stated that it is a massive, very tall building; twice the size of Vail Run.
Employee housing may be supportive but what about the effects on the character of West
Vail. Zoning is there for a reason. There are a lot of places to put this type of housing
that will have fewer effects on the character of the area. As a resident of West Vail, this
may not be what we are looking for. Asked where is the West Vail plan? Asked the PEC
to consider the massiveness of this building. Questioned the project's sense of scale.
Commissioner Comments
Commissioner Stockmar — Stated that this is a challenging decision. This is a proposal
that solves a lot of problems, but it is not perfect. He is concerned about the loss of mid-
level lodging in town. There are downsides but there are upsides to solving our needs.
We need to use the land we have well. Overall, with the conditions and constraints
placed, he is supportive.
January 3, 2017 - Page 159 of 4
Commissioner Gillette — Stated his support. This is a massive building but the
architectural treatment breaking it into different fagades helps. He feels that this project is
on the right track. He is concerned the project will run into budget constraints, and there
is an expectation that the level of architectural detail will not be compromised. He is
concerned that some of the conditions placed may affect the architectural details.
Commissioner Pratt — Supports the overall project, but feels that this proposal is 13
pounds in a 10 pound bag and is just too much for the site.
Commissioner Kurz — Supports the project. Our needs speak to our previous successes
and our future success is dependent upon employees. He feels the project meets the
criteria for SDD approval, but recognizes that this is 12 pounds in the 10 pound bag. He
is not concerned with height. He feels the technical aspects will be taken care of and the
building will be a positive mark on the neighborhood. The benefits outweigh the
negatives.
Commissioner Hansen — Supports the project. It is time for larger steps. He has never
seen a presentation that so well covered all the bases. This is a private sector project
with significant public benefits.
Commissioner Lockman — Concurs with the quality of the presentation by staff and the
applicant, and thankful for the public comment. In thinking about competing interests he
feels the benefits outweigh the possible negatives. He still struggles with the proposed
density of use and he still questions why an EIS was not required.
Chairman Rediker — Asked about the impact on groundwater drainage with the proposed
lot line to lot line development.
Mauriello — Prior to building permit application, a groundwater study will be necessary.
Chairman Rediker — Asked if the applicant will be required to install drainage.
Tom Kassmel, Town Engineer — A drainage study will be required and an analysis will be
needed. Water flows to the southwest corner of site. A de -watering system will be
needed.
Chairman Rediker — Echoed Commissioner Pratt's comments. This was a well prepared
application and presentation. He is thankful for the public comment. This is a very
difficult decision if not the hardest decision with his time on the PEC. He is supportive of
the hot beds and the affordable housing, which are big pluses for the project. He stated
that unfortunately he does not feel the criteria are met, specifically concerning
compatibility, relationship and design features. The lack of a master plan needs to be
looked at.
Commissioner Gillette — This project meets one-tenth of the Town's housing goal. If the
frontage road location does not work, the housing plan will not work.
Closed commissioner comments.
January 3, 2017 - Page 160 of 4
Special Development District Motion
Action: Approve with Conditions on page 23-24 of packet, and Findings on
page 24
Conditions:
1. Approval of Special Development District No. 41, Marriott Residence Inn, is
contingent upon the applicant obtaining Town of Vail approval of an associated
design review application;
2. The applicant shall obtain Leadership in Energy and Environmental Design (LEED)
certification for the structure within one (1) year of issuance of the first Certificate
of Occupancy. Failure to obtain the certification within the identified time -frame
will necessitate a return to the Planning and Environmental Commission and/or
Town Council for an evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall identify the
six (6) unrestricted, rental dwelling units and provide documentation that the units
shall have the right -of -use to the lodge's service and facilities under the same
rules and regulations as the lodge guests.;
4. Prior to submitting any building permit application, the applicant shall submit
revised plans relocating the proposed retaining walls at least two feet (2') from
adjacent property lines;
5. Should the Colorado Department of Transportation (CDOT) not approve the
proposed landscaping in the North Frontage Road right-of-way, the applicant shall
submit a revised landscape plan, for review and approval, prior to submitting any
building permit application, subject to Design Review;
6. Prior to submitting any building permit application, the applicant shall submit
revised plans that clearly illustrate signage and striping of the fire staging area;
7. Prior to submitting any building permit application, the applicant shall submit
revised plans that illustrate the continuation of the proposed sidewalk to the
intersection with Buffehr Creek Road;
8. Prior to submitting any building permit application, the applicant shall submit
approval from CDOT related to all proposed work within the CDOT right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts through
the payment of a Transportation Impact Fee that shall not be offset by the project
level improvements. This payment shall be made prior to requesting any
Certificate of Occupancy for the project. The fee shall be determined through the
ongoing update and codification to the Impact Fee as approved by the Town
Council. In the event that the updated fee is not adopted by the Town Council
prior to July 1, 2017, the applicant shall provide a payment, prior to requesting any
Certificate of Occupancy, based upon net new PM Peak Hour vehicle trips
generated by the development. The amount per trip shall be assessed at the
established rate as of July 1, 2017; and
January 3, 2017 - Page 161 of 4
10. Prior to submitting any building permit application, the applicant shall provide
roadway and snow storage easements for the portion of Meadow Ridge Road that
encroaches onto the subject property in a format acceptable to the Town's
Attorney.
Findings:
Based upon the review of the criteria outlined in Section Vlll of the Staff
memorandum to the Planning and Environmental Commission dated November
28, 2016, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The SDD complies with the standards listed in Section VIII of this
memorandum, or the applicant has demonstrated that one or more of the
standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. The SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the
highest quality.
Motion: Stockmar Second: Hansen Vote: 5-2-0 (Pratt
and Rediker opposed)
Conditional Use Permit Motion
Action: Approve with Condition as listed on page 25 of packet
Motion: Stockmar Second: Kurz Vote: 6-1-0
(Rediker opposed)
Condition
1. The conditional use permit for a commercial parking facility shall lapse and become
void if a building permit is not obtained and diligently pursued toward completion
or the approved use has not commenced within two (2) years from the date of
approval. Any conditional use which is discontinued for a period of two (2) years,
regardless of any intent to resume operation, shall not be resumed thereafter; any
future use of the site or structures thereon shall conform to the provisions of Title
12 Vail Town Code.
January 3, 2017 - Page 162 of 4
Findings
Based upon the review of the criteria outlined in Section IX of the Staff
memorandum to the Planning and Environmental Commission dated November 28,
2016, and the evidence and testimony presented, the Planning and Environmental
Commission finds:
1. The proposed location of the use is in accordance with the purposes of this title
and the purposes of the Public Accommodation -2 (PA -2) zone district;
2. The proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, and
welfare, or materially injurious to the properties or improvements in the vicinity;
and
3. The proposed use complies with each of the applicable provisions of this title.
4. A report to the Planning and Environmental Commission of an administrative
action approving a request for a minor amendment to Special Development
District No. 6 (Vail Village Inn), pursuant to section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the construction of an approximately
sixty (60) square foot addition (glass display case) located at 100 East
Meadow Drive, Units 7A, 8, 21 and 22 (Vail Village Plaza Condos)/Lot 0,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC16-0035)
Applicant: AJW Properties II, LLC, represented by Current Architects
Planner: Matt Panfil
Matt Panfil stated that the applicant is proposing to build a glass display case underneath
a building overhang at the southeast corner of the structure that will help bring attention
to the structure from pedestrians on Meadow Drive. The glass display case counts as
commercial floor area and therefore requires a minor amendment to the Special
Development District (SDD).
Commissioner Gillette asked about the purpose of the display case.
Michael Current of Current Architects, representing the applicant, stated that the display
case is part of other improvements that will help connect the structure to the plaza area
and bring attention to an unidentified future business.
There were no other questions or comments from the Commissioners.
Action: None
5. A request for a variance from Section 14-6-7, Vail Town Code, pursuant to
Section 14-1-5, Variances, Vail Town Code, and in accordance with Section
12-17, Variances, Vail Town Code, to allow for retaining walls with an exposed
face height greater than three feet (3') in the front setback, located at 1255
Westhaven Circle/Lot 45, Glen Lyon Subdivision and setting forth details in
regard thereto. (PEC16-0036)
January 3, 2017 - Page 163 of 4
Table to December 12, 2016
Applicant: Westhaven LLC and Jamie Lipnick, represented by KH Webb Architects
Planner: Matt Panfil
Action: Table to December 12, 2016
Motion: Hansen Second: Kurz Vote: 7-0-0
6. A request for final review of a Development Plan, pursuant to Section 12-61-
11, Vail Town Code, to allow for the future development of Employee Housing
Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B,
Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in
regard thereto. (PEC150019)
Table to December 12, 2016
Applicant: Town of Vail
Planner: Jonathan Spence
Action: Table to December 12, 2016
Motion: Hansen Second: Kurz Vote: 7-0-0
7. Approval of Minutes
November 14, 2016 PEC Meeting Results
Action: Approve
Motion: Kurz Second: Stockmar Vote: 7-0-0
8. Informational Update
Environmental Sustainability- Storm Water Education
To be heard at a later date.
9. Adjournment
Action: Adjourn
Motion: Stockmar Second: Kurz Vote: 6-0-0
The applications and information about the proposals are available for public
inspection during regular office hours at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to
attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Times and
order of items are approximate, subject to change, and cannot be relied upon
to determine at what time the Planning and Environmental Commission will
consider an item. 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.
Community Development Department
January 3, 2017 - Page 164 of 4
MARRIOTT RESIDENCE INN
CREATION OF A NEW
SPECIAL DEVELOPMENT DISTRICT
APARTMENTS + HOTEL
To allow for the construction of a limited service
lodge and rental apartments
Mauriello Planning Group
WRIGHT HEEREMA I ARCHITECTS
312 A1,1[1111 Rill A1111417
Submitted to the Town of Vail:
August 15, 2016
Revised August 31, 2016
Revised November 2, 2016
the harp group
January 3, 2017 - Page 165 of 4
I. Consultant Directory
Owner and Applicant
Peter Dumon, President
The Harp Group
601 Oakmont Lane, Suite 420
Westmont, IL 60559
pgdumon@theharpgroup.com
630-366-2010
Planning and Entitlements
Dominic Mauriello, Principal
Mauriello Planning Group
PO Box 4777
Eagle, CO 81631
dominic@mpgvail.com
970-376-3318
Architecture
Richard Fawell
Wright Heerema Architects
140 S. Dearborn St.
Chicago, IL 60603
312.913.1010
Landscape Architecture
Jamie McCluskie
MacDesign
PO Box 6446
Avon, CO 81620
970.977.0016
Civil Engineering
Gary Brooks
Alpine Engineering
34510 US 6 No. 9
Edwards, CO 81632
970.926.3373
Traffic Engineering
Kari J. McDowell Schroeder, PE, PTOE
McDowell Engineering
P.O. Box 4259
Eagle, CO 81631
kari@mcdowelleng.com
970.623.0788
Fire Protection
Deborah Shaner
Shaner Life Safety
PO Box 1073
Frisco, CO 80443
shanerls@comcast.net
970.409.9082
2
January 3, 2017 - Page 166 of 4
11. Introduction
The applicant, The Harp Group, represented by Mauriello Planning Group, is requesting the
establishment of a new Special Development District, to allow for a Marriott Residence Inn and rental
housing project, located at 1783 N. Frontage Road West / Lots 9-12, Buffehr Creek Subdivision.
This submittal has been revised and updated following input from the community, town staff, the
Planning and Environmental Commission, and the Design Review Board. Changes include a significant
reduction in height, changes to the vehicular access and circulation, clarification of the deed restriction,
modifications to the landscape plan and retaining walls, and other modifications.
The Town of Vail has approved a Marriott
Residence Inn at the site in various forms
in the past. The most recent approval
consisted of 176 limited service lodge units
and 2 employee housing units. This
approval has since lapsed because the
applicant was encouraged to bring forward
a significant employee housing project. The
applicant had intended to submit for
building permit in March of this year. In
2016, the Town of Vail Housing Authority
members approached the current owners
of the property, looking for opportunities
for employee housing to be incorporated
into the project. As a result of these
discussions and meetings with the Town of Vail staff, the current
Marriott Residence Inn and a substantial employee apartment
project was conceived, combining the
project. As currently proposed, the
project consists of 170 limited service lodge units and 113 rental units. Of the 113 rental units, 107
units will be deed -restricted as Type 3 Employee Housing Units. The remaining 6 units will be still be
rental units and are NOT available for sale and they will not be condominiumized. The project is served
by 360 parking spaces in an underground parking structure. A hotel shuttle program will also be
provided to improve guest and resident access to the Town Core and Beaver Creek Resort.
The project is generally a five story building, with the rental units on the eastern end of the property,
and the limited service lodge units (LSLU) on the western portion of the property, with a flag of the
Marriott Residence Inn. A smaller portion of the building is 6 stories placed against the hillside and
away from the primary views of neighbors.
The Marriott Residence Inn consists of 170 LSLU. A LSLU is generally a hotel room with kitchen
facilities, or more specifically, it is defined by Chapter 12-2 of theVail Town Code as follows:
LODGE UNIT LIMITED SERVICE:Any room or group of rooms with "kitchen facilities", as defined herein,
in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or
families on a short term rental basis, and accessible from common corridors, walks, or balconies without
passing through another accommodation unit, limited service lodge unit, fractional fee club unit or
dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be
3
January 3, 2017 - Page 167 of 4
subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this
code.
The hotel rooms range from
495 sq. ft. to 641 sq. ft., for a
total of approximately 91,000
sq. ft. of LSLU on-site. The
Marriott Residence Inn will
include a fitness center, hot
tub, and pool thus providing
recreational amenities onsite.
There is also a breakfast room
and a small meeting room/
overflow breakfast room. The business model for this type of units does not include a full-service
restaurant. Marriott Residence Inn is known for the extended stay lodging category, which recognizes
the need and are designed for longer stays with separate living, working, and sleeping areas, making it
appealing for family leisure travelers as well as business travelers. There are over 700 locations and
over 85,000 rooms of Marriott Residence Inns worldwide. They average an occupancy rate of 79.7%
and are one of the more affordable upscale offerings of the Marriott portfolio.
RECENT OPENINGS
Residence Inn Miami Beach South Beach, FL Residence Inn Seattle University District, WA
Opened Mardi 2016 Opened January 2016
The project also includes 113 rental apartment units, with 107 units deed restricted as Type 3 EHUs,
generally occupying the eastern half of the building. The developer was approached by the Vail Local
Housing Authority members and members of town staff with the idea of encouraging private
developers to work with both the Town of Vail and the Vail Local Housing Authority to construct
employee housing on sites that may be appropriate for additional development. At the time of being
approached The Harp Group was in the process of submitting building permit plans to the Town to
construct the approved Marriott Residence Inn. The developer recognized the opportunity and the
previously approved plans were modified to maximize the potential for rental employee housing. The
113 rental units (with 107 deed restricted units) will be the third largest employee housing
development in the Town of Vail, behind only Middle Creek and Timber Ridge. The units are a mix of
one -bedroom and two-bedroom units, ranging in size from 602 sq. ft. to 1,173 sq. ft., with a total of
approximately 95,000 sq. ft. of rental units. The units include a full kitchen, dining area, living room, and
washer/dryer, and each bedroom has its own bathroom. Amenities include a fitness room, theater,
lounge area, outdoor courtyard, and great room for use of the residents, separate from the facilities
offered to hotel guests.
The project is served by an underground parking structure with 360 parking spaces. The project
maximizes use of the site, with the two levels of underground parking occurring beyond the setbacks.
This allows the project to have 14 tandem parking spaces and 346 single -loaded parking spaces. This
meets the parking requirements of Chapter 10-12. The parking structure is served by two elevator
towers, one serving the hotel uses, and the other serving the apartments. In the earlier submittal, the
applicant was seeking a reduced parking requirement (one space for a one bedroom and two spaces for
a two bedroom) but based on concerns of the PEC the applicant is now proposing parking that
complies with codified standards. Excess parking will be available to public or area employers for lease,
similar to the Town's program of selling seasonal passes for parking such as that in front of Safeway and
theWestVail Mall. There are 40 excess spaces available for this leasing program.
4
January 3, 2017 - Page 168 of 4
The design of the project was inspired by the existing architecture of Vail, the predominant picturesque
nature ofVail, and its immediate environment. The design of the building is predominantly five stories in
height, with a smaller area of six stories, and nestled into the sloping landscape of the neighborhood so
that from the South Frontage Road it appears to be stepping downhill. The roof has been designed as a
green roof to fit into the landscape and provide visual relief for those looking down on the roof. The
design of the facade has been broken down both horizontally and vertically stepping up and down as
well as in and out with roof forms developed to give the impression that the building is not one
structure but a series of smaller scaled building forms that have grown and been built more organically.
The height of the building is broken down with steps in roof design, balconies, materials, along with
shifts in the elevation as it ascends. This creates an identity and visual character that is not an imposing
straight facade but a rich woven tapestry of movement along the facade.
The proposed project has two site access points. The western access point is a full movement access,
with two out -bound lanes and one in -bound lane. The access and drive are similar to the previously
approved design. The structure is shared between both uses with the separation of parking for each
use occurring within the structure. The eastern access is in -bound only and is used to access the front
doors for both uses. Generally, the employee housing units will not use the eastern access, as they will
access the parking structure via the western access. Arriving guests of the hotel can check in, valet
their cars or self park without returning onto the Frontage Road. This allows the primary circulation
for the uses to occur on-site.
The site design provides for all required turn lanes, a transit stop, the continuation of the 10 ft. bike
path which is now separated from the road when possible, then separated by a landscape area before
the internal 20 ft. drive aisle occurs. There is additional landscape area between the drive aisle and the
building. The project maintains the previously approved sidewalk connection from Meadow Ridge Road
through the property along the western property line allowing for easy transit access to those in the
neighborhood. There is an internal courtyard with outdoor planting area within the apartment building.
Because the site is steep along the north and western property lines, there is a significant retaining wall
needed. These walls, though taller than the 6 ft. allowed by the Town, are similar to those that were
constructed at the new Lion's Ridge project. The retaining walls are screened from the view of the
public by the apartment building itself, those only visually impacting the sites residents.
5
January 3, 2017 - Page 169 of 4
III. Zoning
The project is proposed as a Special Development District (SDD), with the existing underlying zoning
of Public Accommodation - 2 (PA -2). The PA -2 zone district purpose statement states (12-7J-1):
The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and
residential accommodations on a short term basis, for visitors and guests, together with such public and
semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately
located within the same zone district and compatible with adjacent land uses. This district is intended to
provide for lodging sites located outside the periphery of the town's Vail Village and Lionshead
commercial core areas. The public accommodation -2 district is intended to ensure adequate light, air,
open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort
qualities of the zone district by establishing appropriate site development standards. Additional
nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly with the high density lodging
character of the zone district.
The PA -2 zone district allows for the following permitted and conditional uses:
I 2-7J-2: PERMITTED USES:
The following uses shall be permitted in the PA -2 district:
Employee housing units, as further regulated by chapter 13 of this title.
Limited service lodge, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional accessory dining
areas may be located on an outdoor deck, porch, or terrace.
Lodges, including accessory eating, drinking, or retail establishments located within the principal
use and not occupying more than ten percent (10%) of the total gross residential floor area of
the main structure or structures on the site; additional accessory dining areas may be located on
an outdoor deck, porch, or terrace.
12-7J-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA -2 district, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title.
Lodges, including accessory eating, drinking, or retail establishments located within the principal
use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross
residential floor area of the buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public transportation terminals.
6
January 3, 2017 - Page 170 of 4
Public utility and public service uses.
Religious institutions.
Theaters and convention facilities.
SDDs allow for flexibility from the underlying zoning. The purpose of the SDD is provided as follows
(12-9A-1):
The purpose of the special development district is to encourage flexibility and creativity in the
development of land in order to promote its most appropriate use; to improve the design character and
quality of the new development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space areas; and to further the
overall goals of the community as stated in the Vail comprehensive plan. An approved development plan
for a special development district, in conjunction with the property's underlying zone district, shall
establish the requirements for guiding development and uses of property included in the special
development district.
Uses within an SDD are determined by the Planning and Environmental Commission and Town Council
as part of the review of the development plan, but are limited to those listed as permitted, conditional
and accessory uses of the underlying zone district. The uses included in the proposal include a limited
service lodge and employee housing units.
The following section provides a general overview of the development plan by providing a zoning
analysis and summary of the project. Development standards that deviate from the underlying zoning
have been high -lighted in yellow. For reference, a comparison of the previous approvals on the
property have been provided.
7
January 3, 2017 - Page 171 of 4
1
IV. Development Standards
Address/Legal Description:
Existing Zoning:
Proposed Zoning:
Land Use Designation:
1783 North Frontage Road / Lots 9-12, Buffehr Creek Sub
PA -2
SDD with underlying zoning of PA -2
Medium Density Residential
Table 1: Analysis of Proposed Development Plan
Standard Allowed/Required _Mg111
Proposed
Lot Area
Density
LSLU
EHU
GRFA
LSLU
DU
EHU
(EHUs do not count as GRFA)
10,000 sq. ft. min
49 DU
unlimited
unlimited
129,896 sq. ft.
86,597 sq. ft. / 1.98 acres
O DU
170 LSLU
113 EHU
95,198 sq. ft.
91,198 sq. ft.
4,000 sq. ft.
(95,784 sq. ft.)
Building Height
Site Coverage
45 ft. for flat / 48 ft. for sloping
56,288 sq. ft. (65%)
58.4 ft. max
81,834 sq. ft. (94.5%) -
underground
47,974 sq. ft. (55.4%) -
above grade
1
Landscape Area
Softscape
Hardscape
Setbacks*
North
West
East
South
Loading
Employee Housing
25,979 sq. ft. (30%)
min of 20,783 sq. ft.
max of 5,196 sq. ft. / up to 20% of softscape
0 ft. - 20 ft.
0 ft. - 20 ft.
0 ft. - 20 ft.
0 ft. - 20 ft.
2 berths
Housing for 13.72 employees+350 sq. ft.
inclusionary requirement
26,726 sq. ft.
24,510 sq. ft.
2,216 sq. ft.
0 ft. (underground)
20 ft.
0 ft. (underground)
0 ft. (underground)
Above grade 20 ft.
setbacks maintained
2 berths
107 EHUs
Retaining Walls
1
6 ft. max height
24 ft. (at road easement)
*Variations to setbacks are permitted in the PA -2 zone district
8
January 3, 2017 - Page 172 of 4
Table 2: Analysis of Previous Approvals for Site
Standard
Allowed/
Required
2006 Approval 2012 Approval
2013 Proposal
Lot Area
10,000 sq. ft.
min
86,597 sq. ft.
86,597 sq. ft.
86,597 sq. ft.
Density
49 DU
28 du
0 du
0 du
Limited Service
Lodge Units
(LSLU)
GRFA
Building Height
Site Coverage
Landscape Area
Setbacks*
North
West
East
South
Parking
Unlimited
129,896 sq. ft.
48 ft.
56,288 sq. ft.
(65%)
25,979 sq. ft.
(30%)
0 ft. - 20 ft.
Oft. -20 ft.
0 ft. - 20 ft.
Oft. -20 ft.
128 spaces
101 LSLU
75,842 sq. ft.
48 ft.
44,376 sq. ft.
(51%)
38,698 sq. ft.
(44%)
20 ft.
15 ft.
20 ft.
20 ft.
169 spaces
152 LSLU
176 LSLU
75,031 sq. ft. 82,485 sq. ft.
48 ft. 48 ft.
44,376 sq. ft. (51%) 44,376 sq. ft. (51%)
38,698 sq. ft. (44%) 38,698 sq. ft. (44%)
20 ft. (above -grade)
20 ft. (above -grade)
20 ft. (above -grade)
20 ft. (above -grade)
165 spaces
20 ft. (above -grade)
20 ft. (above -grade)
20 ft. (above -grade)
20 ft. (above -grade)
165 spaces
Loading
1 berth
1 berth
1 berth
1 berth
Employee
Housing
Housing for
14.56
employees
3 Type 111 EHU
1 Type IV CL 2 -
bedroom unit = 2.25
employees
!Type IV CL dorm
unit = 4 employees
Housing for 4.95
additional employees
off-site
2 Type IV CL dorm
units = 8 employees.
Housing for 6.56
additional employees
off-site
9
January 3, 2017 - Page 173 of 4
V. Employee Housing Plan
Section 12-23-8: Administration, of the Vail Town Code requires the submittal of an Employee Housing
Plan for all projects subject to development review. This application is unique in that a significant
portion of the project is employee housing. However, for the purposes of meeting the requirement of
an Employee Housing Plan, it is provided below:
A. Calculation Method: The calculation of employee generation, including credits if applicable, and the
mitigation method by which the applicant proposes to meet the requirements of this chapter;
Applicant Analysis: The existing Roost Lodge consists of 72 accommodation units and 1 dwelling
unit. The proposed Marriott Residence Inn includes 170 limited service lodge units, for a total
of 98 net new limited service lodge units (accommodation units and limited service lodge units
are treated the same for employee generation rates). There are 6 free-market rental dwelling
units proposed (not for -sale condos), which have an inclusionary zoning requirement.
Table 3a: Commercial Linkage Calculation
Use
Calculation Total Employees Generated
98 net new limited service lodge units
0.7 employees per new unit
Mitigation Rate
Total Commercial Linkage Requirement
Table 3b: Inclusionary Zoning Calculation
68.6
20%
13.72
Use
Credit for Existing DU Calculation Total EHU Sq. Ft.
Required
6 dwelling units at 4,000 sq. ft.
*equates to approximately I employee
500 sq. ft. 3,500 * 10% 350*
Therefore, the proposed project will need to provide employee housing for 14.72 employees. The
entire requirement will be met on-site. The applicant is proposing a total of 107 employee housing
units, far in excess of requirements.
Table 4: Employees Housed
Use
Size (Typ) Number Formula from Table 23-2 Number of
Employees Housed
One -bedroom Units
Two-bedroom Units
Total Employees Housed
Requirement of Project
600 sq. ft.
950 sq. ft.
67 1.75 employees per unit
40 2.25 employees per unit
117.25
90
207.25
14.72
January 3, 2017 - Page 174 of 4
Use
Size (Typ) Number Formula from Table 23-2 Number of
Employees Housed
Excess of Requirements
192.53
B. Plans: A dimensioned site plan and architectural floor plan that demonstrates compliance with section
12-23-3, "Size And Building Requirements", of this chapter;
Applicant Analysis: A dimensioned site plan and architectural floor plan has been provided with
this submittal. The employee housing units are provided as follows:
0,4
T
C. Lot Size: The average lot size of the proposed EHUs and the average lot size of other dwelling units in the
commercial development or redevelopment, if any;
January 3, 2017 - Page 175 of 4
Applicant Analysis: This is not applicable to this application.
D. Schedules: A time line for the provision of any off site EHUs;
Applicant Analysis: This is not applicable to this application.
E. Off Site Units: A proposal for the provision of any off site EHUs shall include a brief statement explaining
the basis of the proposal;
Applicant Analysis: This is no applicable to this application.
F. Off Site Conveyance Request: A request for an off site conveyance shall include a brief statement explaining
the basis for the request;
Applicant Analysis: This is not applicable to this application.
G. Fees In Lieu: A proposal to pay fees in lieu shall include a brief statement explaining the basis of the
proposal; and
Applicant Analysis: This is not applicable to this application.
H. Written Narrative:A written narrative explaining how the employee housing plan meets the purposes of this
chapter and complies with the town's comprehensive plan.
Applicant Analysis: Section 12-23-1: Purpose and Applicability, of the Vail Town Code provides
the purpose of the Commercial Linkage Requirements:
The purpose of this chapter is to ensure that new commercial development and redevelopment
in the town provide for a reasonable amount of employee housing to mitigate the impact on
employee housing caused by such commercial development and redevelopment.
The mitigation rates were established by the Town of Vail Employee Housing Nexus study.
These rates are based on a survey of various properties in mountain communities.
The Town Vail Land Use Plan offers the following goals with regard to employee housing:
5.3 Affordable employee housing should be made available through private efforts, assisted by
limited incentives, provided by the Town o f Vail, with appropriate restrictions.
5.5 The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the community.
In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought
together all of the Town's goals on employee housing into a single plan. It provides the
following:
12
January 3, 2017 - Page 176 of 4
In 2006, through the Vail 20/20 Focus on the Future process the community established a
housing goal. It is as follows:
"The Town of Vail recognizes the need for housing as infrastructure that promotes
community, reduces transit needs and keeps more employees living in the town, and will
provide enough deed -restricted housing for at least 30 percent of the workforce through
policies, regulations and publicly initiated development."
Based upon the community's work, the Vail Town Council has confirmed the Town of Vail
recognizes deed restricted employee housing as basic infrastructure. This type of housing allows
employees to live within the town, promoting community, and improving the quality of our local
workforce, thereby supporting the local economy, and reducing regional transit needs. The
Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the
community and confirmed by the Town Council and provide enough deed -restricted housing for
at least 30 percent of the community's workforce to live in the Town o f Vail through a variety of
policies, regulations and publicly initiated development projects.
The Employee Housing Strategic Plan then outlines the various objectives and policies for
implementing the plan. It provides a list of Town Initiatives, one of which is specifically applicable
to this project:
Incentive Zoning and Density Bonuses
The Town will consider workforce housing objectives in all review processes that permit
discretion. This means that the Town will work actively with developers as a part of the Housing
District, Special Development District review processes and requested changes in zoning to not
only meet the requirements of existing code, but to look for opportunities to go beyond code
requirements to encourage additional workforce housing to be created. As a part of these
review processes the Town will work actively with developers to create incentives to develop
housing that exceeds the minimal requirements contained in the code. Additional density may
be granted in selected locations through the appropriate review processes, and fee waivers and
subsidies may be considered. The Incentives Zoning and Density Bonuses help Vail to
"catch up" with existing deficiencies and add to the overall percent of employees living within
the Town o f Vail.
As indicated in this submittal, the proposal complies with and furthers the purposes and goals of
the Town's employee housing requirements and master plans. The project provides housing for
206 employees beyond the requirements.
13
January 3, 2017 - Page 177 of 4
VI. Criteria for Review
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS,Vail Town Code, then provides the
criteria for review of the establishment of a Special Development District. These criteria have been
provided below, along with an analysis of how this proposal complies with these criteria:
I. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Applicant Response: The design of the project was inspired by the existing architecture of Vail
and the predominant picturesque nature of Vail and its immediate environment. The design of
the building is predominantly five stories in height, with smaller areas of six stories, and nestled
into the sloping landscape of the neighborhood so that from the Frontage Road it appears to be
stepping downhill. The roof has been designed as a green roof to fit into the landscape. The
building is nestled into the site and serves to block significant traffic noise and the view of the
frontage road and 1-70. Because of its lower elevation and separation from adjacent
condominium units, the views to the mountain are not blocked. With the changes to the plans,
the height of the project has been reduced dramatically, as indicated in the following height
diagram:
R1 - Historic Grade Diagram - 48'
NORmber 2 2016
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
vo,I Colorado
14
January 3, 2017 - Page 178 of 4
The design of the facade has been broken down both horizontally and vertically stepping up and
down as well as in and out with roof forms developed to give the impression that the building is
not one structure but a series of smaller scaled buildings that have grown and built more
organically. The height of the building is broken down with steps in roof design, balconies,
materials, along with shifts in the elevation as it ascends. This creates an identity and visual
character that is not an imposing straight facade but a rich woven tapestry of movement along
the facade.
The entry to the employee housing units is more restrained but easy to access from the same
entry drive, though it is likely that residents will access their units from the garage.
2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship
with surrounding uses and activity.
Applicant Response: The site is surrounded by residential uses to the east, west and north, and
1-70 right-of-way to the south. Buffehr Creek Condominiums are located directly to the west.
Hillside Condominiums and Mustang Condominiums are located directly to the north. The
Grand Traverse neighborhood is located to the east, with Tract A (Open Space Parcel) directly
adjacent to the property. Across 1-70 is Donovan Park, along with a single-family and duplex
home.
\, L 3
Multi -Family Residential: c
6 units on 1.04 acres
Single Family and Duplex
Open Space parcel of
Grand Traverse
Multi -Family Residential:
8 units on .73 acres
Multi -Family Residential: 20 units
on .69 acres
Multi -Family Residential:
3 units on .27 acres
15
January 3, 2017 - Page 179 of 4
The character of the neighborhood should be viewed in the context of what is currently
present on and around the subject site. The Roost Lodge has been in existence since the early
1970s and proven to be compatible with adjacent land uses. Considering the various multi-
family buildings in the immediate vicinity of the previous Roost Lodge property, to the west and
north, a structure which accommodates multiple -family and limited service lodge units is in
keeping with the existing surrounding uses. The size of the proposed building is in direct
proportion with the size of the development site, which encompasses approximately two acres.
Considering the physical state of the previous Roost Lodge, the proposal will have a significant,
positive effect on the character of the neighborhood because it will be a new, state of the art
(metal and concrete structural system) aesthetically pleasing structure placed on a well
landscaped site.
3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
Applicant Response: The Marriott Residence Inn complies with the parking requirements of
Chapter 12-10. The parking analysis is provided in the tables below:
Use
Table 5: Parking as Required by Chapter 12-10
Requirement Formula Parking
Required
Limited Service Lodge
Units
Dwelling Units
Total Requirement
With Multiple Use
Parking Reduction
Total Parking
Proposed
Tandem Spaces
Single Spaces
In excess of
requirements
.7 spaces per unit
If a dwelling unit's gross residential
floor area is more than 500 square
feet, but less than 2,000 square feet:
2 spaces
.7 spaces * 170 units =
2 spaces * 113 units =
119
226
345
301-400 spaces is 319.125
7.5%
360
14
346
40.875
The applicant is proposing the excess spaces be available to the public, local employers, and
tenants for either annual or monthly parking passes. Users of the parking can then utilize the
hotel shuttle or the Town's transit system to access other areas of town. The applicant is
proposing that a maximum of 40 spaces be available to the public for this use. Because the
operator will have control over this use, if parking is ever problematic for either the hotel or
the apartments, they can adjust this number to meet the demand. The applicant reserves the
right to apply for right to lease additional parking spaces should the applicant be able to show
there is a greater surplus of parking spaces available.
16
January 3, 2017 - Page 180 of 4
Loading for the project will primarily occur in the 20 ft. access in front of the building. There is
adequate room for two loading areas. Because the hotel does not have a full service restaurant,
there is a limited need for loading facilities. This is consistent with the three previous approvals
for the hotel project.
Table 6: Loading Analysis
Use Loading Requirement Loading
Requirement
LS LU s
DUs
Total
Credit for Multiple
Use
Total Requirement
1 loading berth for uses up to 75,000 square feet total
floor area, plus 1 additional berth for each 25,000 square
feet total floor area in excess of 75,000 square feet
2
1 loading berth for uses up to 100,000 square feet gross
residential floor area, plus 1 additional berth for each
50,000 square feet gross residential floor area in excess
of 100,000 square feet
I
3
Reduction from 3 to 2 berth
2
As proposed, the project complies with the Loading Requirements outlined in Chapter 12-10.
There is a requirement that loading and delivery not occur within the front setback. However,
due to the limited need for loading and delivery for the project, the applicant is requesting a
deviation from this requirement. Due to the linear nature of the site and the large turning radii
needed for large vehicles, it is least impactful to the site to utilize the 20 ft. wide driveway for
this use.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies
and urban design plans.
Applicant Response: According to the Official Land Use Plan for the Town of Vail, the
development site has a land use designation of Medium Density Residential. Pursuant to the Vail
Land Use Plan:
The Medium Density Residential land use designation includes sites for housing which would
typically be designed as attached units with common walls. Densities in this category would
range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category
would include private recreation facilities, private parking facilities and institutional/public uses
such as churches, fire stations, and parks and open space facilities.
The project also complies with the relevant elements of the Vail Comprehensive Plan including
the following policies:
1.1 - Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the permanent
resident.
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January 3, 2017 - Page 181 of 4
1.3 -The quality of development should be maintained and upgraded whenever possible.
1.12 - Vail should accommodate most of the additional growth in existing developed areas (infill
areas).
3.1 - The hotel bed base should be preserved and use more efficiently.
3.3 - Hotels are important to the continued success of the Town ofVail, there fore conversion to
condominiums should be discouraged.
3.4 - Commercial growth should be concentrated in existing commercial areas to accommodate
both local and visitor needs.
5.1 - Additional residential growth should continue to occur primarily in existing, platted areas
and as appropriate in new areas where high hazards do not exist.
5.3 - Affordable employee housing should be made available through private efforts, assisted by
limited incentives, provided by the Town ofVail, with appropriate restrictions.
5.4 - Residential growth should keep pace with the market place demands for a full range of
housing types.
5.5. - The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the community.
The project is consistent with the Town's stated goal of increasing hotel beds and the provision
of employee housing within the Town.
The Town of Vail Community Survey of 2016 noted that when asked to list the top two
priorities, the most frequently mentioned actions were:
Focus on housing for middle income and service worker households in vital support roles
• Economic vitality
• Budget and capital management
• Actions to protect and enhance Gore Creek
• Environmental sustainability
Respondents identified housing as their top priority among all of the community issues and also
allocated the most funding towards it in a monetary exercise designed to determine top
financial priorities. Housing emerged prominently from the open-ended comments as well; many
respondents are concerned about the issue and feel it needs to be addressed by the Town.
The 2016 Community Survey also states the following with regard to employee housing:
Affordable and adequate housing for employees in the Town ofVail was one of the top issues
that came up repeatedly throughout the survey results. Respondents identified housing as their
top priority among all of the community issues and also allocated the most funding towards it in
a monetary exercise designed to determine top financial priorities (discussed below). Housing
emerged prominently from the open-ended comments as well; many respondents are concerned
about the issue and feel it needs to be addressed by the Town.
Techniques to expand workforce housing opportunities were examined thoroughly this year in a
new series of questions. Respondents are highly supportive of various techniques to address the
18
January 3, 2017 - Page 182 of 4
housing problems present in Vail. On a scale from 1 to 4 where 1 is "not at all supportive" and 4
is "very supportive," respondents rated four proposed techniques to expand workforce housing.
Increasing the requirement for contributing to workforce housing among developers (77 percent
gave ratings of 3 or 4), permitting required housing to be built down -valley (75 percent),
requiring a contribution to workforce housing for residential development (68 percent), and
permitting increased density in limited locations or circumstances (57 percent) all received
larger shares of supportive respondents than unsupportive respondents.
Respondents prioritized employee housing and parking, as further explained by the 2016
Community Survey:
Financial Prioritization. A new question this year had respondents prioritize five improvements
for the Vail community relative to one another by allocating $100 across the various categories
to best reflect their priorities. Housing emerged at the top of the list, with respondents allocating
the most on average towards expanded housing opportunities for middle income and service
worker households ($27). Parking improvements to add capacity at peak times, actions to
protect and enhance Gore Creek (each $20), and transportation improvements ($18) followed
closely. The creation of a sizable enclosed space to support cultural and community activities
and events was the lowest priority, with an average allocation of $ 11. The dominance of housing,
parking, and the environment in this financial exercise is consistent with top priorities noted
throughout the survey.
The 2007Vail 20/20 Strategic Action Plan was adopted with the goal to create a clear vision for
Vail. It provides the following vision statement:
We are the "Premier Mountain Resort Community" by providing high quality of life and
experiences for both residents and visitors. This is achieved through environmental stewardship,
world-class recreational, cultural and educational opportunities, a strong year-round economy,
diversity of housing, and superior infrastructure. The town actively seeks input and cooperation
from the community and its neighbors to ensure fulfillment of its vision.
It specifically provides goals and action strategies specific to employee housing, with the
following:
Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes
community, reduces transit needs and keeps more employees living in the town, and will provide
for enough deed -restricted housing for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
• Research parking requirements for employee housing and consider reducing requirements
for employee housing developments.
• Expand the number of employee beds in the Town ofVail.
As indicated in the above analysis, the Town ofVail has continually identified increasing the hotel
bed base, the provision of employee housing, and additional parking as top priorities in the Town.
These are reoccurring themes throughout various master planning documents, Town surveys,
and strategic plans. It is a unique project that can bring all three to the table. As a result, the
proposed project complies with the comprehensive plans and Town policies.
19
January 3, 2017 - Page 183 of 4
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is proposed.
Applicant Response: The proposed amendment has has no effect on the above criterion. There
are no natural or geologic hazards that affect the property. Soils and geotechnical reports have
been included with the submittal.
6. Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Applicant Response: The site design provides for all required turn lanes, a transit stop, the
continuation of the 10 ft. bike path, then a landscape area before the internal 20 ft. drive aisle.
There is additional landscape area between the drive aisle and the building. The project
maintains the previously approved sidewalk connection from Meadow Ridge Road through the
property along the western property line. There is an internal courtyard with outdoor planting
area. Because the site is steep along the north and western property lines, there is significant
retaining walls needed. This has been sensitively designed area between each wall to allow for
landscaping. These walls, though taller than the 6 ft. allowed by the Town, are similar to those
that were constructed at the new Lion's Ridge project. The walls are not largely visible to the
general public being hidden by the apartment building itself.
The building has been broken down both horizontally and vertically stepping up and down as
well as in and out with roof forms developed to give the impression that the building is not one
structure but a series of smaller buildings constructed over time. The building steps down with
the natural grade, creating movement of the roof forms along with the slope. The project has
been designed to create a functional development, that is responsive to the site, and is sensitive
to the natural features of the site.
7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic
j is
circulation.
Applicant Response: The proposed project has two site access points: western access and
eastern access. The western access point is a full movement access, with two out -bound lanes
and one in -bound lane. The structure is shared between both uses (hotel and employee housing
units) with the separation of parking for each use occurring within the structure. The eastern
access is in -bound only, and is used to access the front doors for both uses. Generally, the
employee housing units will not use the eastern access, as they will access the parking structure
via the western access. Arriving guests of the hotel can check in, valet their cars or self park
without returning onto the Frontage Road. This allows the primary circulation for the uses to
occur on-site.
A Traffic Study, prepared by McDowell Engineering has been included with this submittal. Using
the information provided by the Traffic Study,Alpine Engineering provided the civil plans showing
the necessary improvements to the North Frontage Road.
20
January 3, 2017 - Page 184 of 4
The circulation system has been design to the
Town's specifications and addresses all modes
of transportation.
8. Landscaping: Functional and aesthetic landscaping
and open space in order to optimize and preserve
natural features, recreation, views and function.
Applicant Response: The site is generally flat
along, with the steeper slopes along the north
and east property lines. Because it was a
previous development site, there is not
significant vegetation on the site following the
demolition of the Roost Lodge. The current
design maximizes the site, with the
underground parking structure abutting the
property lines. The structure was designed to
allow adequate depth and soil for plantings to
occur along the building. This creates a design
opportunity for the landscape architect,
MacDesign.
The landscape has been designed to
compliment the structure, creating a building
that sits within the landscape. Shade trees are
shown between the bike path and the access
drive, creating a natural landscape buffer
between these uses. Shrubs and ornamental
grasses are shown adjacent to the building, creating the more formal landscape along the entries
to the building. The following photos show the general concept for the landscaping adjacent to
the building:
The sidewalk shown from the rear of the building and connecting to the sidewalk connection
from Meadow Ridge Road is landscaped with native species and continues some of the more
formal landscape from the front entries. The landscape transitions to more native vegetation
21
January 3, 2017 - Page 185 of 4
and grasses as the slope connects to Meadow Ridge Road. Where the property is adjacent to
the Grand Traverse open space, the retaining walls are softened with plantings, creating a visually
pleasing view for the residents, as these walls are are largely invisible to the general public.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the special development district.
Applicant Response: The proposed amendment has no effect on the above criterion. The
project will be constructed in one phase. Construction is estimated to take 18 months to
complete.
22
January 3, 2017 - Page 186 of 4
VII. Adjacent Addresses
BUFFER CREEK CONDOMINIUM
ASSOCIATION, INC.
1860 MEADOW RIDGE ROAD UNIT 8,
VAIL, CO 81658
PICKING, HOWARD M., III & ADELLE
100 LONGVIEW LN
JOHNSTOWN, PA 15905
CAPSTONE TOWNHOUSE ASSOCIATION
VISTAR REAL ESTATE
635 N FRONTAGE RD STE 3,
VAIL, CO 81657
TONKIN, ADAM D. & ALYSON L. CARNEY, JOHN M. GRAND TRAVERSE AT VAIL
1920 S GILPIN ST 2001 CROCKER RD STE 420 ASSOCIATION
DENVER, CO 80210-3308 WESTLAKE, OH 44145-6967 1412A MORAINE DR
VAIL, CO 81657-4981
BUFFER CREEK WEST CONDO ASSOC
MARKA W. MOSER
BOX 902
VAIL, CO 81658
FARQUHAR, JERRY L. & DEBORAH R.
1879 MEADOW RIDGE RD
VAIL, CO 81657-4948
SEOANE, JENNIFER
3650 UTICA ST UNIT 8
DENVER, CO 80212-1560
GUERRIERO, RANDALL
1859 MEADOW RIDGE RD UNIT C
VAIL, CO 81657-3905
MERRIMAN, DANNY, JANE & ADAM
1859 MEADOW RIDGE RD A
VAIL, CO 81657-3905
ERB, WENDY ELAINE
1819 MEADOW RIDGE RD G
VAIL, CO 81657-3903
GUNION, JOHN & MARGARET M.A.
4999 MAIN GORE DR S UNIT A
VAIL, CO 81657-5777
Buffer Creek Condo Association Inc.
3162 S. Gaylord St
Englewood, CO 80113
MEADOWRIDGE A LLC
1434 SARRIA AVE
MIAMI, FL 33146-1053
KARP, KAREN L.
PO BOX 2174
VAIL, CO 81658
GRAND TRAVERSE AT VAIL ASSOCIATION
KAREN NULLE & ASSOCIATES
P.O. BOX 839,
EDWARDS, CO 81632
GRAND TRAVERSE AT VAIL ASSOCIATION
MOUUNTAIN STREAM MANAGEMENT
PO BOX 2636
VAIL, CO 81658
HAGERMAN, PHILIP R. & JOCELYN K.
601 S SAGINAW ST STE 500
FLINT, MI 48502-1513
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
MAURIELLO PLANNING GROUP, LLC
POST OFFICE BOX 4777
EAGLE, CO 81631
BEMIS, GREGORY
PO BOX 3438
VAIL, CO 81658
LAVIN, LOUISE MILLER
2166 RIDGEWOOD RD
AKRON, OH 44313
K. DAVID FITE TRUST - ETAL
17 MOCKINGBIRD LN
ENGLEWOOD, CO 80113-4813
WILLARD, SCOTT E. - REAP, MARILYN
17 WHITE OAK LN
WESTON, CT 06883-1527
TOWN OF VAIL
75 S FRONTAGE RD W
VAIL, CO 81657-5096
HELMUT REISS TRUST
1401 LAVENDER LN
LAGUNA BEACH, CA 92651
TURNIPSEED, JASON & COLETTE
455 DETROIT ST
DENVER , CO 80206-4311
23
January 3, 2017 - Page 187 of 4
PROPOSED RESIDENTIAL DEVELOPMENT
Vail, Colorado
November 28, 2016
WRIGHT HEEREMA ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
-A17 Q1'l 1(11(1 Fax WM 1Q17
the harp group
A Crescendo Company
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January 3, 2017 - Page 188 of 459
BUS
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PROPERTY LINE
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November 28, 2016
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January 3, 2017 - Page 189 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Scale: 1" = 20'
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November 28, 2016
the harp group
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January 3, 2017 - Page 190 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Scale: 1" = 20'-1
3 •
2'-0"
//
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N
STORAGE
22'-8"
0
0
0
OIL SEPERATOR
SUMP PUMPS
ii
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ROOM
STORAGE
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17'-6%2"
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APARTMENT PARKING 110 TOTAL
HOTEL PARKING 210 TOTAL
LEASED PARKING 40 TOTAL
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603'-7%"
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STORAGE
607'-9%4"
A100 - Floor Plan - Lower Level 2
LL -2 GARAGE FLOOR PLAN
GROSS AREA: 81,882 SF
APARTMENT PARKING: 186 SPACES
November 28, 2016
the harp group
A Crus,:rn do C pu riy
January 3, 2017 - Page 191 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Scale: 1" = 20'-
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2'-0"
290'-2"
BICYCLE
STORAGE
AND
MAINTENANCE
STORAGE
LOWER LEVEL:
RAMP:
UPPER LEVEL:
TOTAL:
APARTMENT PARKING 110 TOTAL
HOTEL PARKING 210 TOTAL
LEASED PARKING 40 TOTAL
14 TANDEM:
14 (APARTMENT)
172 SINGLE
154 (APARTMENT)
18 ( LEASED PARKING)
22 SINGLE (LEASED)
152 SINGLE:
110 (HOTEL INCLUDING 4 HANDICAP)
42 (APARTMENT INCLUDING 4 HANDICAP)
00 (LEASED PARKING)
360 PARKING
0
42
32'-2%Z"
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RECYCLE /
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14'-8" 28'-0"
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A101 - Floor Plan - Lower Level 1
LL -1 GARAGE FLOOR PLAN
GROSS AREA: 77,467 SF
HOTEL PARKING: 174 SPACES
November 28, 2016
the harp group
A Crus,:rn to C, in Wuriy
January 3, 2017 - Page 192 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Scale: 1" = 20'-
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A102 - Floor Plan
Apartments - LL -1 Parking (Z1
November 28, 2016
the harp group
A cruscan da C pu r
January 3, 2017 - Page 193 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
L
HOUSEKEEPING / LINEN
FITNESS
CENTER
Hotel - 2nd FIoor(ZN
A103 - Floor Plan
N
Apartments - 1st Floor
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 194 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
L
HOUSEKEEPING / LINEN
Hotel - 3rd Floor
A104 - Floor Plan
Apartments - 2nd FIoor5
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 195 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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Hotel - 4th Floor (�
A105 - Floor Plan
Apartments - 3rd FIoor5
November 28, 2016
the harp group
A Cus,:rn do C r
January 3, 2017 - Page 196 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
L
HOUSEKEEPING / LINEN
Hotel - 5th Floor (�
A106 - Floor Plan
N
Apartments - 4th Floor
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 197 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
L
Hotel - Roof Deck
A107 - Floor Plan
Apartments - 5th FIoor5
November 28, 2016
the harp group
A Cus,:rn do C r
January 3, 2017 - Page 198 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
L
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A108 - Floor Plan
U
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FC Apartments - 6th Floor
November 28, 2016
the harp group
A Cus,:rn do C r
January 3, 2017 - Page 199 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Co,
A109 - Roof Plan
ROOF PLAN
November 28, 2016
the harp group
A Cus,:rn do C r
January 3, 2017 - Page 200 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Scale: 1" = 20'-0"
P1
y
ILII ILII ILII
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1139 SF Scale: 1/4" = 1'-0"
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DOUBLE KING STUDIO HOTEL ROOM TYP.
563 SF
Scale: 1/4" = 1'-0"
A110 - Enlarged Unit Plans - Hotel
0
r
KING STUDIO HOTEL ROOM TYP.
508 SF
Scale: 1/4" = 1'-0"
November 28, 2016
the harp group
A C rusr:rn do C pu riy
January 3, 2017 - Page 201 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
2 BEDROOM CORNER APARTMENT TYP.
1173 SF
Scale: 1/4" = 1'-0"
T
—r
T
1 / \L „ )J1
(2) 2 BEDROOM APARTMENT TYP.
1136 SF
Scale: 1/4" = 1'-0"
A111 - Enlarged Unit Plans - Apartments
010
O
(1) 1 BEDROOM APARTMENT TYPE A TYP.
623 SF Scale: 1/4" = 1'-0"
November 28, 2016
the harp group
A C ri:Sc IP) C r
January 3, 2017 - Page 202 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
M1 - Exterior Materials
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 203 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
A
M2 - Exterior Materials
B
D
November 28, 2016
the harp group
A C rt.:Scan IP) C r y
January 3, 2017 - Page 204 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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M3 - Exterior Materials
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 205 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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M4 - Exterior Materials
November 28, 2016
the harp group
A Cruscundu Company
January 3, 2017 - Page 206 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
South Elevation - C / D
M5 - Exterior Materials
November 28, 2016
the harp group
A Cus,:rn do C r
January 3, 2017 - Page 207 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
South Elevation - A
M6 - Exterior Materials
November 28, 2016
the harp group
A Cruscundu Company
January 3, 2017 - Page 208 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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November 28, 2016
the harp group
A Crus,:rn do C pu r
January 3, 2017 - Page 209 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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November 28, 2016
the harp group
A Crus,:rn do C r
January 3, 2017 - Page 210 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 211 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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M9 - Exterior Materials
November 28, 2016
the harp group
A Lrus,:rn do C r
January 3, 2017 - Page 212 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Perspective -A/ B/C/ D/A
M10 - Exterior Materials
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 213 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Perspective -A/ B/C/ D/A
M11 - Exterior Materials
November 28, 2016
the harp group
A C rt.:Scan IP) C r y
January 3, 2017 - Page 214 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AR -Oa Rendering - Previous Design
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 215 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AR -Ob Rendering - Revised Design
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 216 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AR-Oc Rendering - Proposed Design
November 28, 2016
the harp group
A C rt.:Scan IP) C r y
January 3, 2017 - Page 217 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ROOF LINE (PREVIOUS CONCEPT)
ROOF LINE (REVISED CONCEPT)
ROOF LINE (PROPOSED CONCEPT)
AR-Od Rendering - Design Progression
November 28, 2016
the harp group
A C rt.:Scan IP) C r y
January 3, 2017 - Page 218 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -1 Rendering
November 28, 2016
the harp group
A Cruscrn do C }{J 1
January 3, 2017 - Page 219 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -2 Rendering
November 28, 2016
the harp group
A CR:Scan EP) Cy
January 3, 2017 - Page 220 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -2s Rendering
November 28, 2016
the harp group
A C rt.:Sc IP) C (11r1F,1,1 r y
January 3, 2017 - Page 221 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design
AR -3 Rendering
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 222 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design - Section
AR -3s Rendering
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 223 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -4 Rendering
November 28, 2016
the harp group
A C ri:Sc IP) C ri y
January 3, 2017 - Page 224 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -4s Rendering
November 28, 2016
the harp group
A C ri.:Sc IP) C r y
January 3, 2017 - Page 225 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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AR -5 Rendering
November 28, 2016
the harp group
ACKIScarlOOCOMpurly
January 3, 2017 - Page 226 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design - Section
AR -5s Rendering
November 28, 2016
the harp group
A Cruscrn do Company
January 3, 2017 - Page 227 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design
AR -6 Rendering
November 28, 2016
the harp group
January 3, 2017 - Page 228 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design - Section
AR -6s Rendering
November 28, 2016
the harp group
January 3, 2017 - Page 229 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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Proposed Design
AR -7 Rendering
November 28, 2016
the harp group
January 3, 2017 - Page 230 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Proposed Design - Section
AR -7s Rendering
November 28, 2016
the harp group
January 3, 2017 - Page 231 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AR -8 Rendering
EXTERIOR WALL PROFILE
(PROPOSED CONCEPT)
EXTERIOR WALL PROFILE
(PREVIOUS CONCEPT)
November 28, 2016
III
the harp group
January 3, 2017 - Page 232 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
• -.
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ARI-01Rendering - Apartment Kitchen / Living Room
November 28, 2016
the harp group
January 3, 2017 - Page 233 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ARI -02 Rendering - Apartment Kitchen / Living Room
November 28, 2016
the harp group
January 3, 2017 - Page 234 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ARI -03 Rendering - Apartment Kitchen / Living Room
November 28, 2016
the harp group
January 3, 2017 - Page 235 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ARI -04 Rendering - Apartment Kitchen / Living Room
November 28, 2016
the harp group
January 3, 2017 - Page 236 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ARI -05 Rendering - Apartment Bedroom
November 28, 2016
the harp group
January 3, 2017 - Page 237 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
ARI -06 Rendering - Apartment Bedroom
November 28, 2016
the harp group
January 3, 2017 - Page 238 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AL6TH FLOOR
EL: +59"-0"
AL5TH FLOOR
EL: +49"-0"
*4TH FLOOR
EL: +39"-0"
11_3RD FLOOR
EL: +29'-0"
AL2ND FLOOR
EL: +19'-0"
1ST FLOOR
EL: +9'-0" (8002)
-1 LEVEL PARKING DECK
EL: -14'-0" (7979)
-2 LEVEL PARKING DECK
EL: -25'-0"
PARTIAL NORTH ELEVATION
*6TH FLOOR
EL: +59"-0"
*5TH FLOOR
EL: +49"-0"
A. 4TH FLOOR
EL: +39"-0"
Abik _3RD FLOOR
EL: +29'-0"
Abik _2ND FLOOR
EL: +19'-0"
*1ST FLOOR
EL: +9'-0" (8002')
-1 LEVEL PARKING DECK
EL: -14'-0" (7979')
-2 LEVEL PARKING DECK
EL: -25'-0"
Scale: 1/16"=1:-0"
A. 6TH FLOOR
EL: +59"-0"
A. 5TH FLOOR
EL: +49"-0"
A. 4TH FLOOR
EL: +39"-0"
AL3RD FLOOR
-11, EL: +29'-0"
Abik _2ND FLOOR
EL: +19'-0"
*1ST FLOOR
EL: +9'-0" (8002')
Alki -1 LEVEL PARKING DECK
EL: -14'-0" (7979')
Alk_k -2 LEVEL PARKING DECK
EL: -25'-0"
(3D
EAST ELEVATION
Scale: 1/16"=1-0"
A A A A•AIL • I
A200 - Elevafions
November 28, 2016
the harp group
January 3, 2017 - Page 239 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AL 6TH FLOOR
EL_ +59"-0"
5TH FLOOR
EL: +49"-0"
4TH FLOOR
EL: +39"-0"
3R0 FLOOR
EL +291_0'
Ati 2ND FLOOR
EL: +19`-0"
�
1 ST FLOOR
EL: +9'-0' (8002')
Alba 1 LEVEL PARKING DECK
EL: -14'-0" (7979')
40 -2 LEVEL PARKING DECK
EL; -25`-0`
Atli 6TH FLOOR
EL: +59"-0"
•
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-
PARTIAL NORTH ELEVATION
At 5TH FLOOR
EL: +49"-0"
AL 4TH FLOOR
EL: +39"-0"
IS3RD FLOOR
EL: +29'-0"
2ND FLOOR
EL: +19'-0"
AbbrrIST FLOOR
EL: +9'-0" (8002')
AL -1 LEVEL PARKING DECK
EL: -14'-0" (7979')
-2 LEVEL PARKING DECK
EL: -25._0"
Scale: 1116"--1'-01'
6TH FLOOR
E L: +59,._0"
5TH FLOOR
E L: +49"-0"
4TH FLOOR
El.. +39%0"
Ai 3RD FLOOR
EL: +29'-0"
Ai 2ND FLOOR
EL: +19'-0"
1ST FLOOR
EL: +9'41(8002')
$.1
LEVEL PARKING DECK
EL: -14'-0" (79794)
4-2LEVELFARKINDECK
EL: -25'-0"
7-3-) EAST ELEVATION
Scale: 1/15' 1'-0n
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A201 - Elevations
November 28, 2016
the harp group
January 3, 2017 - Page 240 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
,5TH FLOOR
EL: +40"-0"
,4TH FLOOR
EL: +30"-0"
,3RD FLOOR
EL: +20'-0"
,2ND FLOOR
EL: +10'-0"
,1ST FLOOR
EL: 0'-0" (7993')
,-1
LEVEL PARKING DECK
EL: -14'-0" (7979')
4-2
LEVEL PARKING DECK
EL: -25-0"
,6TH FLOOR
EL: +59"-0"
,5TH FLOOR
EL: +49"-0"
11_4TH FLOOR
EL: +39"-0"
,3RD FLOOR
EL: +29'-0"
,2ND FLOOR
EL: +19'-0"
11_1ST FLOOR
EL: +9'-0" (8002')
*5TH FLOOR
EL: +40"-0"
PARTIAL NORTH ELEVATION
Scale: 1/16"=1'-0"
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,3RD FLOOR
EL: +20'-0"
*2ND FLOOR
EL: +10'-0"
,1 ST FLOOR
EL: 0'-0" (7993')
,-1
LEVEL PARKING DECK
EL: -14'-0" (7979')
*-2 LEVEL PARKING DECK
EL: -25'-0"
PARTIAL SOUTH ELEVATION
Scale: 1/16"=1'-0"
,5TH FLOOR
EL: +40"-0"
4TH FLOOR
EL: +30"-0"
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A202 - Elevations
November 28, 2016
the harp group
January 3, 2017 - Page 241 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
IL 6TH FLOOR
EL: +59"-0"
5TH FLOOR
EL: +49"-0"
AL 4TH FLOOR
EL: +39"-0"
AL 3RD FLOOR
EL: +29'-0"
,2ND FLOOR
EL: +19'-0"
.IST FLOOR
EL: +9'-0" (8002')
4-1
LEVEL PARKING DECK
EL: -14'-0" (7979')
4-2
LEVEL PARKING DECK
EL: -25'-0"
APARTMENTS GREEN ROOF
MECHANICAL
LOUVERS
MECHANICAL
PARKING RAMP
BUILDING SECTION NORTH -SOUTH
Scale: 1-8"=1'-0"
LL -2 PARKING
A301 - Sections
November 28, 2016
the harp group
January 3, 2017 - Page 242 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
EXISTING
TOWNHOMES
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HOTEL POOL DECK
HOTEL GREEN ROOF
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A302 - Sections
Scale: 1"=10'-0"
5TH FLOOR Lk
EL: +40"-0"
4TH FLOOR jik
EL: +30'-0"
3RD FLOOR jik
EL: +20'-0"
2ND FLOOR
EL: +10'-0"
1ST FLOOR
EL: 0'-0" (7993')
- 1 LEVEL PARKING DECK
EL: -14'-0" (7979')
- 2 LEVEL PARKING DECK
EL: -25'-0"
November 28, 2016
the harp group
January 3, 2017 - Page 243 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
.5TH FLOOR
EL: +40"-0"
.4TH FLOOR
EL: +30"-0"
3RD FLOOR
EL: +20'-0"
42ND FLOOR
EL: +10'-0"
.1ST FLOOR
EL: 0'-0" (7993')
4-1 LEVEL PARKING DECK
EL: -14'-0" (7979')
-2 LEVEL PARKING DECK
EL: -25'-0"
TOWNHOMES BEHIND
HOTEL GREEN ROOF
HOTEL I APARTMENTS
APARTMENT GREEN ROOF
LL -2 PARKING
BUILDING SECTION EAST -WEST
Scale: 1"=20'
A303 - Sections
November 28, 2016
the harp group
January 3, 2017 - Page 244 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Si 5TH FLOOR
EL: +40"-0"
Si 4TH FLOOR
EL: +30"-0"
3RD FLOOR
EL: +20'-0"
00 2ND FLOOR
EL: +10'-0"
001ST FLOOR
EL: 0'-0" (7993')
00 1 LEVEL PARKING DECK
EL: -14'-0" (7979')
2 LEVEL PARKING DECK
EL: -25'-0"
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Scale: 1"=10'-0"
A304 - Sections
November 28, 2016
the harp group
January 3, 2017 - Page 245 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
AL 5TH FLOOR
EL: +40"-0"
ak 4TH FLOOR
EL: +30"-0"
AL 3RD FLOOR
EL: +20'-0"
2ND FLOOR
EL: +10'-0"
ak IST FLOOR
EL: 0'-0" (7993')
ak -1 LEVEL PARKING DECK
EL: -14'-0" (7979')
AL -2 LEVEL PARKING DECK
EL: -25'-0"
HOTEL GREEN ROOF
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BUILDING SECTION NORTH -SOUTH
Scale: 1/8"=1'-0"
A305 - Sections
November 28, 2016
the harp group
January 3, 2017 - Page 246 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA I ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
043/45
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A401 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 247 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A402 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 248 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R04J45
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A403 - Sctions Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 249 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A404 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 250 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A405 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 251 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A406 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 252 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A407 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 253 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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A408 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 254 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
A409 - Sections Along Frontage Road
November 28, 2016
the harp group
January 3, 2017 - Page 255 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
Ria - Historic Grade Diagram - 48'
November 28, 2016
the harp group
January 3, 2017 - Page 256 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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November 28, 2016
the harp group
January 3, 2017 - Page 257 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R2a - Historic Grade Diagram - 50'
November 28, 2016
the harp group
January 3, 2017 - Page 258 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
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R2b - Historic Grade Diagram - 50'
1I
November 28, 2016
the harp group
January 3, 2017 - Page 259 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R3a - Historic Grade Diagram - 52'
November 28, 2016
the harp group
January 3, 2017 - Page 260 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R3b - Historic Grade Diagram - 52'
November 28, 2016
IlIt
the harp group
January 3, 2017 - Page 261 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R4a - Historic Grade Diagram - 54'
November 28, 2016
Ill
the harp group
January 3, 2017 - Page 262 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R4b - Historic Grade Diagram - 54'
November 28, 2016
the harp group
January 3, 2017 - Page 263 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R5a - Historic Grade Diagram - 56'
November 28, 2016
III
the harp group
January 3, 2017 - Page 264 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 6 0 6 0 3
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com
R5b - Historic Grade Diagram - 56'
November 28, 2016
IlIt
the harp group
January 3, 2017 - Page 265 of 459
PROPOSED RESIDENTIAL DEVELOPMENT
APARTMENTS AND ATTACHED PARKING STRUCTURE
Vail, Colorado
WRIGHT HEEREMA 1 ARCHITECTS
140 S. Dearborn St. Suite 200
Chicago, Illinois 60603
312.913.1010 Fax 913.1917
www.wrightheeremaarchitects.com