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HomeMy WebLinkAbout2022-08-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, August 16, 2022 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il 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 conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.Resolution No. 37, Series of 2022 a Resolution Approving an I ntergovernmental Agreement between the Town of Vail and the Eagle County Clerk and Recorder Concerning a Coordinated Election on November 8, 2022. Background: The town is considering calling a special election and adopting a ballot question for the November 8, 2022 general election; if said ballot measure is approved the Town intends to hold a coordinated election with Eagle County; and the Town and the Eagle County Clerk and Recorder wish to enter into an agreement with regard to the coordinated election. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 37, Series of 2022. 3.2.Resolution No. 38, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, C O 81657 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F TE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution No. 38, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Columbine W est Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, C O 81657 in the August 16, 2022 - Page 1 of 159 amount of, and not to exceed, $580,000 plus closing costs. 3.3.Resolution 39, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Bufferhr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, C O. 81657. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F TE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution 39, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Bufferhr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, C O. 81657 in the amount of, and not to exceed, $520,000 plus closing costs. 3.4.Resolution No. 40, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Buffehr Creek Condominium, Unit A9 1860 Meadow Ridge Road, Vail Colorado 81657. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F TE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution No. 40, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Buffehr Creek Condominium, Unit A9 1860 Meadow Ridge Road, Vail Colorado 81657, in the amount of, and not to exceed, $745,000 plus closing costs. 3.5.Contract Award to River Restoration to to perform Lidar and ground surveys of 2-year and 100-year floodplains and update Vail Ground Control Monuments. Background: The Vail Town Council adopted the Stream Corridor Protection Ordinance on May 17,2022. The ordinance established new stream setbacks within Vail town boundaries which are based on the Two- Year Flood Line (TY F L) along Gore Creek and its named tributaries. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with River Restoration, a business specializing in river engineering, for the completion of Lidar and ground surveys in the amount of, and not to exceed $184,000. 3.6.Contract Award to Phoenix I ndustries LTD for Children's Garden of Learning East Slope Background: The east slope of the Children’s Garden of Learning has historically been an eyesore, and with the completion of the Children’s Garden of Learning there have now been continued erosion issues. Town staff has bid out a slope restoration project that will resolve the erosion and enhance the boulder slope with landscape and irrigation. August 16, 2022 - Page 2 of 159 Staff Recommendation: Staff recommends that the Town Council direct the Town Manager to enter into a construction contract with Phoenix I ndustries, LTD in a form approved by the Town Attorney in an amount not to exceed $161,000.00 4.Town Manager Report (10 min.) 5.Action Items 5.1.Update on Parking and Mobility Task Force recommended winter 2022- 2023 parking program 40 min. Presenter(s): Greg Hall, Director of Public W orks and Transportation Action Requested of Council: Background: The purpose of this item is to provide Town Council with an update on the Parking and Mobility Task Force (PA MTF) discussions regarding mobility and winter parking, provide recommendations for winter 2022-2023 and request Town Council direction regarding next steps. Staff Recommendation: Provide direction to the staff and the PA MTF on the information presented as well as provide feedback on the issues regarding any additional information which would be useful from the Task Force as the Town Council will be asked to decide on the winter 2022-2023 parking and mobility program in September. 6.Public Hearings 6.1.Ordinance 15, Series of 2022, second reading Amending Title 7 of the Vail Town Code by the Addition of New Regulations for Pedestrian Mall Areas in the Town 10 min. Presenter(s): Commander Ryan Kenney, Vail Police Action Requested of Council: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Background: The Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; as well as reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; provide a higher-quality experience for all businesses and customers located in the Village Core; and the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. Staff Recommendation: Approve, approve with amendments or deny Ordinance 15, Series of 2022. 7.Adjournment 7.1.Adjournment 7:15 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. August 16, 2022 - Page 3 of 159 P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. August 16, 2022 - Page 4 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 37, S eries of 2022 a Resolution A pproving an I ntergovernmental A greement between the Town of Vail and the E agle County Clerk and Recorder Concerning a Coordinated E lection on November 8, 2022. B AC K G RO UND: The town is considering calling a special election and adopting a ballot question for the November 8, 2022 general election; if said ballot measure is approved the Town intends to hold a coordinated election with E agle County; and the Town and the Eagle County Clerk and Recorder wish to enter into an agreement with regard to the coordinated election. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 37, S eries of 2022. AT TAC H ME N TS: Description Resolution 37, Series 2022 August 16, 2022 - Page 5 of 159 RESOLUTION NO. 37 Series of 2022 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY CLERK AND RECORDER CONCERNING A COORDINATED ELECTION ON NOVEMBER 8, 2022 WHEREAS, the Town is considering calling a special election and adopting a ballot question for the November 8, 2022 general election; WHEREAS, if said ballot measure is approved the Town intends to hold a coordinated election with Eagle County; and WHEREAS, the Town and the Eagle County Clerk and Recorder wish to enter into an agreement with regard to the coordinated election (the "IGA"), attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. 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 16th day of August 2022. ____________________________ Kim Langmaid, Town Mayor ATTEST: _________________________________ Town Clerk August 16, 2022 - Page 6 of 159 Eagle County 2022 General Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and ______________________ Concerning the Tuesday, November 8, 2022 General Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and ____________________________________ concerning the Tuesday, November 8, 2022 General Election is made on _______________________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the General Election, and in accordance with state law, will conduct the General Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the General Election to enter into an agreement with the Clerk concerning the conduct of the General Election, to be signed no later than seventy (70) days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate race(s) at the General Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the General Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A.Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. August 16, 2022 - Page 7 of 159 Eagle County 2022 General Election IGA Page 2 B.The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. C.Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D.Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II.Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by the Colorado Secretary of State, as may be amended from time to time; and any then-current policy directives of the Colorado Secretary of State, if applicable. A.Preparation for Election 1.The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2.The Clerk shall manage all voter registration records and correspondence. 3.The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to conduct the Election. 4.The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5.The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). August 16, 2022 - Page 8 of 159 Eagle County 2022 General Election IGA Page 3 6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later than twenty (20) days prior to the Election. 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of voter service and polling centers. All voting locations will be accessible to voters with disabilities. 2. The Clerk shall provide for the security and processing of all mail ballots and for the verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes. 3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronic transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 4. The Clerk shall conduct the required post-election risk limiting audit. 5. The Clerk shall conduct any mandatory or permissive recount. 6. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. 7. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 8. The Clerk shall preserve all election records relating to the Election for at least twenty-five months pursuant to 1-7-802 C.R.S. 9. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice (“TABOR Notice”) August 16, 2022 - Page 9 of 159 Eagle County 2022 General Election IGA Page 4 1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, text message, or any other communication from the Clerk/Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within four (4) hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence within four (4) hours shall constitute approval allowing the Clerk to move forward. 1. The Political Subdivision has designated _________________________________________ whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names actually situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. August 16, 2022 - Page 10 of 159 Eagle County 2022 General Election IGA Page 5 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. If the certification is not provided by the date specified herein, the Political Subdivision may not participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by the seventy (70) days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday August 30, 2022. Address changes will not be allowed after this date. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR “Ballot issue” means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-103(4), respectively. b. “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203: a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty words (inclusive of the title) unless the Clerk provides written consent in advance. b. Notwithstanding any other provision of this Agreement, the Political Subdivision shall not certify any single ballot issue or ballot question title in excess of ten (10) words unless the Clerk provides written consent in advance. c. Such certified ballot content and the signed resolution which authorizes the ballot content shall be delivered to the Clerk as an email attachment in Word format (see August 16, 2022 - Page 11 of 159 Eagle County 2022 General Election IGA Page 6 section C.2.g on pg. 6 for full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday, September 9, 2022 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the Political Subdivision whose designated election official issued the incorrect certification. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. e. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order, title, capitalization, spelling, spacing, and punctuation. i. For candidates, specify exact titles of offices, the order of the names to appear for each office, and the order of offices. ii. For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk determines specific numbering on the ballot). iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be typed in all uppercase as is dictated by law (e.g. TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot, the question must be typed in mixed case. v. Bullet points may be used, but sub-bullet points may not; spacing is at the discretion of the Clerk to accommodate proper ballot layout. vi. Ballot Issues or Questions Vote Choice must be formatted as follows: _____YES/FOR _____NO/AGAINST It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this requested format or if the formatting results in the ballot increasing in length, multiple sides, or multiple page numbers. f. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize printing of the ballots. From the time the Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to August 16, 2022 - Page 12 of 159 Eagle County 2022 General Election IGA Page 7 any errors within the text of their issue, question, or contest on the printed ballots. g. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions and determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting guidelines: i. Software: Microsoft Word '03 or later (not as a PDF) ii. Spacing: Single iii. Font Type: Arial Narrow iv. Font Size: 12 point v. Justification: Left vi. All Margins: 0.5 inches vii. Language: English viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements may be rejected by the Clerk. i. Spanish language translation of the ballot content must be submitted by the Political Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 9, 2022. Spanish translation of TABOR Notice content is also required. j. The Political Subdivision must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 9, 2022 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S. 2. The Political Subdivision shall transmit via email the summaries, fiscal information, and all other required material to the Clerk no later than forty-three (43) days, Monday, September 26, 2022 (Appendix A) before the Election in final written form in accordance with the formatting guidelines for ballot certification (see formatting bullet points listed in section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk. August 16, 2022 - Page 13 of 159 Eagle County 2022 General Election IGA Page 8 3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. E. Cancellation of Election 1. In the event that the Political Subdivision resolves not to hold the Election, notice of such cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 14, 2022 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the timely cancellation of the Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities August 16, 2022 - Page 14 of 159 Eagle County 2022 General Election IGA Page 9 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing these services to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non-resident property owners may be eligible to vote as set forth in Appendix D hereto. IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, printing, labeling, postage, and mailing for the ballot issue notice. Said expenses shall be prorated among all Political Subdivisions participating in the ballot issue notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether the Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by August 16, 2022 - Page 15 of 159 Eagle County 2022 General Election IGA Page 10 the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot and any other challenges, both pre- and post-election, relating to the question of the Political Subdivision. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election (Appendix A). 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 28, 2023 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers and employees, from any and all losses, costs, demands, or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or August 16, 2022 - Page 16 of 159 Eagle County 2022 General Election IGA Page 11 ● immediately upon hand delivery to Regina O’Brien, Clerk; or ● immediately upon receipt of confirmation that a fax or e-mail was received. To Clerk: Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 970-328-8716 Email: regina.obrien@eaglecounty.us Time is of the Essence Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 30, 2022 (Appendix A). The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ___________ (Date) ________________________________________ Designated Election Official Date For _____________________________________ (Political Subdivision) ________________________________________ Regina O’Brien Date Eagle County Clerk and Recorder August 16, 2022 - Page 17 of 159 Eagle County 2022 General Election IGA Page 12 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates double underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 29, 2022 – 100 days prior - If by 100 days before the election, a Political Subdivision has taken formal action to participate in an election that will be coordinated by the Clerk, the Political Subdivision shall notify the Clerk in writing. 1-7-116(5), 1-1-106(5) C.R.S. ● July 25 – 29, 2021 – IGAs will be mailed to participating entities. IGA will include address ranges that need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 30, 2022 @ 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. 1-7-116(2) C.R.S. Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Address changes will not be made after this date. Please submit sooner if possible. ● Friday, September 9, 2022 @ 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify the ballot text in English and Spanish and provide audio recordings of candidate names to the Clerk; deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S. ● Monday, September 12, 2022 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 19, 2022 – Equipment and Logic and Accuracy Testing ● Monday, September 19, 2022 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Saturday, September 24, 2022 – No later than 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S. ● Monday, September 26, 2022 – 43 days prior - Political Subdivisions shall deliver the full text of any required ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries in English and Spanish to the Clerk in order to be included in the issue mailing. 1-7-904 C.R.S. ● Friday, October 7, 2022 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. ● Friday, October 14, 2022 – 25 days prior - Last date for Political Subdivision to cancel election or withdraw ballot issue or question. 1-5-208(2) C.R.S. Appendix A continued on page 2 August 16, 2022 - Page 18 of 159 Eagle County 2022 General Election IGA Page 13 Appendix A – Continued (page 2) CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION ● Week of Monday, October 17, 2022 – Ballots may begin to be mailed, except for UOCAVA voters. 1-7.5- 107(3)(a)(I) C.R.S. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. ● Wednesday, October 19, 2022 – Property Owner Ballot Entities Only - Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office ● Friday, October 21, 2022 - Property Owner Ballot Entities Only -Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit sooner if possible. ● Monday, October 24, 2022 – Vote Centers open. 1-5-102.9(2) C.R.S. ● Monday, October 31, 2022 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date voters may pick up ballots in person at any Vote Center. 1-2-201(3)(b)(III) C.R.S. ● Tuesday, November 8, 2022 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted. ● Wednesday, November 30, 2022 – Deadline to certify election results. Official results will be forwarded to Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S. ● Monday, February 6, 2023 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of election as well as any recount costs. ● Tuesday, February 28, 2023 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. August 16, 2022 - Page 19 of 159 Eagle County 2022 General Election IGA Page 14 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION August 16, 2022 - Page 20 of 159 Eagle County 2022 General Election IGA Page 15 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION I, ___________________________________, as Designated Election Official for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Signature Date for _____________________________________ (Name of Political Subdivision) August 16, 2022 - Page 21 of 159 Eagle County 2022 General Election IGA Page 16 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property owners. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath, the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report August 16, 2022 - Page 22 of 159 Eagle County 2022 General Election IGA Page 17 1. Review the Street Locator Report provided from the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 30, 2022, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Overseas and Military Voter List 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. Property Owner List 1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list. 3. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 12, 2022. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any Political Subdivision property owners on the UOCAVA list. It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Monday, September 19, 2022, to ensure statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 24, 2022 (1-8.3-110(1) C.R.S.)). 5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 19, 2022 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 17, 2022 (22 days prior to the election). 6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Friday, October 21, 2022. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the August 16, 2022 - Page 23 of 159 Eagle County 2022 General Election IGA Page 18 supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1-13.5-202, C.R.S and 32-1-103(5), C.R.S.). 3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered voter in the State of Colorado but does not reside in the Political Subdivision. 4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self- affirmation (32-1-806, C.R.S.). 5. Record each property owner ballot returned and signature verified. 6. Process ballots in the counting room. 7. Tabulate and certify results. August 16, 2022 - Page 24 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 38, S eries of 2022, A Resolution Approving the P urchase of the Residential P roperty K nown as Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, C O 81657 B AC K G RO UND: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F T E count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. S TAF F RE C O M M E ND AT IO N: Approve Resolution No. 38, S eries of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, C O 81657 in the amount of, and not to exceed, $580,000 plus closing costs. AT TAC H ME N TS: Description Resolution No. 38, Series of 2022. August 16, 2022 - Page 25 of 159 RESOLUTION NO. 38 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS COLUMBINE WEST CONDOMINIUM, UNIT 1, 2833 KINNIKINNICK ROAD VAIL, COLORADO 81657 WHEREAS, Jeffery R. Schneider (“Owner”) is the owner of certain real property described as Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail Colorado 81657 (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner subject to the terms of the Contract to Buy and Sell Real Estate, attached here to as Exhibit A and made a part hereof by this reference (the “Contract”). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney and authorizes the appropriations of the funds necessary to complete the real estate transaction. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of August, 2022. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Acting Town Clerk August 16, 2022 - Page 26 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution 39, Series of 2022, A Resolution A pproving the Purchase of the Residential P roperty known as Bufferhr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, C O. 81657. B AC K G RO UND: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F T E count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. S TAF F RE C O M M E ND AT IO N: Approve Resolution 39, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of B ufferhr Creek Condominium, Unit A 7, 1860 Meadow Ridge Road, Vail, C O. 81657 in the amount of, and not to exceed, $520,000 plus closing costs. AT TAC H ME N TS: Description resolution No. 39, Series 2022 August 16, 2022 - Page 27 of 159 Resolution No. 36, Series of 2022 RESOLUTION NO. 39 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS BUFFEHR CREEK CONDOMINIUM, UNIT A7, 1860 MEADOW RIDGE ROAD, VAIL, COLORADO 81657 WHEREAS, Derek Byron (“Owner”) is the owner of certain the real property described as Buffehr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, Colorado 81657 (the "Property"); and WHEREAS, the Town wishes to purchase the Property from Owner subject to the terms of the Contract to Buy and Sell Real Estate attached hereto as Exhibit A and made a part hereof by this reference (the “Contract”). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney and authorizes the appropriations of the funds necessary to complete the real estate transaction. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of August, 2022. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Acting Town Clerk August 16, 2022 - Page 28 of 159 Resolution No. 36, Series of 2022 August 16, 2022 - Page 29 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 40, S eries of 2022, A Resolution Approving the P urchase of the Residential P roperty known as Buffehr Creek Condominium, Unit A9 1860 Meadow Ridge Road, Vail Colorado 81657. B AC K G RO UND: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the F T E count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 40, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of B uffehr Creek Condominium, Unit A 9 1860 Meadow Ridge Road, Vail Colorado 81657, in the amount of, and not to exceed, $745,000 plus closing costs. AT TAC H ME N TS: Description resolution no 40, series 2022 August 16, 2022 - Page 30 of 159 Resolution No. 36, Series of 2022 RESOLUTION NO. 40 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS BUFFEHR CREEK CONDOMINIUM, UNIT A9, 1860 MEADOW RIDGE ROAD, VAIL, COLORADO 81657 WHEREAS, William Scott Innis and Betsy Anna Innis (“Owner”) is the owner of certain the real property described as Buffehr Creek Condominium, Unit A9, 1860 Meadow Ridge Road, Vail, Colorado 81657 (the "Property"); and WHEREAS, the Town wishes to purchase the Property from Owner subject to the terms of the Contract to Buy and Sell Real Estate attached hereto as Exhibit A and made a part hereof by this reference (the “Contract”). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney and authorizes the appropriations of the funds necessary to complete the real estate transaction. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of August, 2022. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Acting Town Clerk August 16, 2022 - Page 31 of 159 Resolution No. 36, Series of 2022 August 16, 2022 - Page 32 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Contract Award to River Restoration to to perform L idar and ground surveys of 2- year and 100-year floodplains and update Vail Ground Control Monuments. B AC K G RO UND: The Vail Town Council adopted the Stream Corridor Protection Ordinance on May 17,2022. T he ordinance established new stream setbacks within Vail town boundaries which are based on the Two-Year Flood L ine (T YF L ) along Gore Creek and its named tributaries. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a form approved by the Town A ttorney with River Restoration, a business specializing in river engineering, for the completion of L idar and ground surveys in the amount of, and not to exceed $184,000. AT TAC H ME N TS: Description Staff Memo Lidar Study R FP River Restoration Proposal August 16, 2022 - Page 33 of 159 TO: Vail Town Council FROM: Environmental Sustainability Department DATE: August 16, 2022 SUBJECT: Award contract to perform Lidar and ground surveys of 2 -year and 100-year floodplains and update Vail Ground Control Monuments I. PURPOSE The purpose of this item is to award a contract for the completion of the following tasks: A. Update the TOV Ground Control Network on up to twelve existing monuments and establish up to four new monuments. B. Aerial LIDAR data capture of the area outlined in green above in Figure 1. C. Provide Lidar las; DEM; and 6 inch contour maps in GIS compatible format. D. Create a 2D HEC RAS model of the TYFL and produce TYFL maps for Gore Creek and its named tributaries within the area delineated in green in Figure 1 above. E. Create a 2D HEC RAS model of the FEMA 100 year floodplain and produce maps the 100 year floodplain for Gore Creek and its named tributaries within the area delineated in green in Figure 1 above. II. BACKGROUND The Vail Town Council adopted the Stream Corridor Protection Ordinance on May 17, 2022. The ordinance established new stream setbacks within Vail town boundaries which are based on the Two-Year Flood Line (TYFL) along Gore Creek and its named tributaries. The accuracy of the TYFL throughout the Town of Vail should b e improved in order to make it easier for a surveyor to determine the TYFL and associated setbacks on a specific stream front property. It has also been documented that the FEMA 100 year floodplain in Vail is inaccurate and outdated in a number of locatio ns due to the use of data collected in the 1990s and changes to the stream channel since that data was collected more than 20 years ago. The goal of this project is to model and map the August 16, 2022 - Page 34 of 159 Town of Vail Page 2 TYFL and the FEMA 100 year floodplain using aerial LIDAR survey and analysis, and to update and improve the accuracy of Town of Vail Ground Control Network. III. ACTION REQUESTED OF THE TOWN COUNCIL Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with River Restoration, a business specializing in river engineering, for the completion of Lidar and ground surveys in the amount of, and not to exceed $184,000. VI. ATTACHMENTS A. RFP posted by Town of Vail on July 20, 2022 B. Proposal from River Restoration August 16, 2022 - Page 35 of 159 REQUEST FOR PROPOSALS For 100 Year Floodplain Modeling and Mapping July 20, 2022 The Town of Vail is seeking a qualified firm to perform aerial LIDAR surveys and map the Two-Year Flood Line and FEMA 100 year floodplain on Gore Creek and its tributaries with the boundaries of the town and a portion of unincorporated Eagle County in the Gore Creek Valley. Response information: Proposals are due by 5:00pm MDT on August 1, 2022 Delivered via E-mail to pwadden@vailgov.com One (1) electronic copy (PDF) is required to be submitted by 5:00 pm (MDT), Monday August 1, 2022 (the “Deadline”). Any proposal received after the Deadline will not be considered . Proposals due by 5:00 pm MDT.……..……..………………………..…….…..…...………….August 5, 2022 RFP Questions deadline at 5:00 pm MDT……...……………………………….……………..August 1, 2022 Selection Committee review………………………..…………….………………………..…August 8-10, 2022 Notice of Award………………………………………………….…..………………………...…August 16, 2022 Project Start………………………………………………………………....…….….…………..August 22, 2022 PROJECT GENERAL DESCRIPTION The Vail Town Council adopted the Stream Corridor Protection Ordinance on May 17, 2022. The ordinance established new stream setbacks within Vail town boundaries which are based on the Two- Year Flood Line (TYFL) along Gore Creek and its named tributaries. The goal of this project is to update and improve the precision of the Town of Vail’s existing TYFL and the FEMA 100 year floodplain maps and models using new aerial LIDAR survey and 2D HEC RAS analysis, and to update and improve the accuracy of Town of Vail’s Ground Control Network. PROJECT SCOPE The Town of Vail wishes to collect aerial LIDAR data for the purpose of updating maps and models of the 100 year floodplain and TYFL on Gore Creek and its tributaries within the Town of Vail boundaries and a portion of unincorporated Eagle County (locally known as “Intermountain”) within the Gore Creek watershed. The approximate extent of the area to be captured in the aerial LIDAR data collection is outlined in green in Figure 1 below. More detailed maps of the area can be found at maps.vailgov.com. August 16, 2022 - Page 36 of 159 Town of Vail Page 2 Figure 1. Extent of project area Tasks to be completed by the selected firm: A. Update the TOV Ground Control Network on up to twelve existing monuments and establish up to four new monuments. B. Aerial LIDAR data capture of the area outlined in green above in Figure 1. C. Provide Lidar las; DEM; and 6 inch contour maps in GIS compatible format. D. Create a 2D HEC RAS model of the TYFL and produce TYFL maps for Gore Creek and its named tributaries within the area delineated in green in Figure 1 above. E. Create a 2D HEC RAS model of the FEMA 100 year floodplain and produce maps the 100 year floodplain for Gore Creek and its named tributaries within the area delineated in green in Figure 1 above. F. Compare the new updated FEMA 100 year floodplain maps and model with the existing adopted 100 year floodplain maps and model and identify any significant discrepancies in order to determine if the town should begin the process to update the adopted FEMA 100 year floodplain. Submittal Requirements In addition to being able to provide the services described above, the submittal must include the following requirements: August 16, 2022 - Page 37 of 159 Town of Vail Page 3 A. Cover letter describing the interest the Proposer has in working on the project and what uniquely sets them apart from other equally qualified Proposers. B. Professional background information about the Proposer including an indication of who is the project lead and the firm or entity responsible for execution on behalf of the team. C. Description of relevant experience. Please provide at least three (3) references from relevant project experience including name, contact information, project date, and brief project description. D. Description of the firms/teams approach to the project, noting project understanding, unique challenges, assessments and project interpretation, and strengths that the individual, firm or team bring to this project. Please be clear and concise when describing the approach. E. Specify personnel to be assigned by name, position, specific office location, and commitment of time to the project. Attach resumes of assigned personnel. Please note the local preference for this project. F. Provide a fee proposal for the scope of services of the project, with a breakdown of that fee by task. The fee proposal breakdown shall include a complete line item budget for the work with explanations as necessary. G. Provide a project schedule. H. The Proposer shall obtain and maintain in force for the term of an agreement the following insurance coverages. Certificates of insurance evidencing such coverages shall be furnished to the Town of Vail at the time of signing of an agreement. Prior to cancellation of, or material change in, any requisite policy, thirty (30) days written notice shall be given to the Town of Vail through its risk manager. All automobile liability and general liability policies shall include the Town of Vail as an additional named insured by policy endorsement. 1. Automobile Liability (including owned, non-owned, and hired) in an amount not less than one million dollars ($1,000,000) each occurrence and not less than two million dollars ($2,000,000) general aggregate. 2. Worker's compensation and employer liability in accordance with the Worker's Compensation Act of the State of Colorado for employees doing work in Colorado in accordance with this Agreement and with limits in an amount not less than five hundred thousand dollars ($500,000) each accident and not less than one million dollars disease- policy limit and not less than one million dollars disease- each employee. 3. Comprehensive General Liability (including personal injury) in an amount not less than one million dollars ($1,000,000) per each occurrence and not less than two million dollars ($2,000,000) in the aggregate. 4. Professional errors and admission liability insurance in an amount not less than one million dollars ($1,000,000) each claim and not less than two million dollars ($2,000,000) in the aggregate. I. A written statement identifying any reservations, conditions or constraints related to the request for proposals. J. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail acknowledging that all design work, including but not limited to plans, photographs, documents, reports, engineered drawings and Project work shall be completed in a professional and workmanship-like manner and that the Project work shall fully comply with all applicable Town of Vail regulations and ordinances and State and Federal laws and requirements. K. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail acknowledging that all design work, including but not limited to plans, photographs, documents, reports, engineered drawings and other work produced for the Project shall August 16, 2022 - Page 38 of 159 Town of Vail Page 4 become property of the Town of Vail, and may be used or reproduced by the Town of Vail without approval from or additional compensation to the Proposer. The Town of Vail reserves all rights to investigate the qualifications of any and all individuals and firms under consideration, to perform a financial audit of one or more firms, to confirm any part of the information furnished in a proposal, and to require further evidence of managerial, financial or professional capabilities which are considered necessary for the successful performance of work described in this RFP. The Town of Vail reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. All proposals and supporting documents, except such information that discloses proprietary or financial information submitted in response to qualification statements, becomes public information held in custody of the Town of Vail after the proposal submittal date given in this RFP. The Town of Vail assumes no liability for the use or disclosure of technical or cost data submitted by any Proposer. Selection Criteria Proposals will be reviewed and selected based upon the following criteria: • A firm’s proven track record to successfully complete similar projects of accurate hydraulic modeling and mapping in mountain regions • The ability of the selected firm to complete updates to survey monuments and LIDAR data collection before October 15, 2022 • Value and long-term viability of data to be collected and resulting models of TYFL and 100 year floodplain Proposals will be reviewed by a selection committee comprising representatives from the following departments: Environmental Sustainability, and Public Works. General Conditions Limitations and Award This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred, in the submission of proposals in anticipation of a contract. The Town of Vail reserves the right to reject reparation of all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements. Equal Employment Opportunity The selected consultant team will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contract Phasing Proposed tasks within this RFP may be eliminated or expanded by the Town of Vail at any time due to the progression and sequencing of the scope of work. Prohibition Against Employing Workers Without Authorization A. Certification. Contractor hereby certifies that, as of the Effective Date, it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and August 16, 2022 - Page 39 of 159 Town of Vail Page 5 that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish t hat the subcontractor has not knowingly employed or contracted with a worker without authorization who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. Insurance A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Co ntractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary August 16, 2022 - Page 40 of 159 Town of Vail Page 6 retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. APPENDIX: Example Town of Vail Professional Services Agreement AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this ____ day of _____, 2022 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and ______, an independent contractor with an address of __________, ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. August 16, 2022 - Page 41 of 159 Town of Vail Page 7 III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $__________. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes o f the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or d angerous waste, substance or material, in effect now or anytime hereafter. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereb y August 16, 2022 - Page 42 of 159 Town of Vail Page 8 transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contracto r; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. August 16, 2022 - Page 43 of 159 Town of Vail Page 9 VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. WORKERS WITHOUT AUTHORIZATION A. Certification. Contractor hereby certifies that, as of the Effective Date, it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization who is performing work under August 16, 2022 - Page 44 of 159 Town of Vail Page 10 this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. August 16, 2022 - Page 45 of 159 Town of Vail Page 11 J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. August 16, 2022 - Page 46 of 159 Town of Vail Page 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Kristen Bertuglia, Environmental Sustainability Director ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2022, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public August 16, 2022 - Page 47 of 159 Town of Vail Page 13 August 16, 2022 - Page 48 of 159 Headquarters: POC: Jason Carey, P.E. PO Box 248, Carbondale, CO 81623 Office: (970)947-9568 E-mail: jason.carey@riverrestoration.org Utah Branch: POC: Jack Dahlquist 1234 S 900 E, Salt Lake City, UT 84105 Office: (970) 947-9568 E-mail: jack.dahlquist@riverrestoration.org RiverRestoration Office Locations and Primary Contacts: STATEMENT OF QUALIFICATIONS STATEMENT OF QUALIFICATIONS Town of Vail | Two Year Flood Line and 100 Year Floodplain Modeling and Mapping August 16, 2022 - Page 49 of 159 Scope of Services – Town of Vail – TYFL & 100-yr Modeling and Mapping update 1 R IVERR ESTORATION August 1, 2022 Peter Wadden Watershed Education Coordinator Town of Vail Environmental Department 970-479-2144 pwadden@vailgov.com RE: Proposal | Town of Vail | Two Year Flood Line and 100 Year Floodplain Modeling and Mapping Dear Mr. Wadden: Thanks for your dedication to the river. RiverRestoration is innovating river design and management by applying the state of the art technology. In this response we are bringing in subconsultants Quantum Spatial, Inc (NV5) for aerial data acquisition and Survey Systems, Inc (SSI) for the survey control network to create the RiverRestoration (RRO) Team. The materials below present RRO Team’s: Proven track record of accurate hydraulic modeling and mapping in mountain regions The ability of the selected firm to complete updates to survey monuments and LIDAR data collection before October 15, 2022 Value and long-term viability of data to be collected and resulting models of TYFL and 100 year floodplain We are pleased to submit the enclosed proposal for mapping and modeling the Two-Year Flood Line and the 100-year Floodplain along Gore Creek and the tributaries in the Town of Vail. We also will assist you in developing a strategy for implementing and regulating the offsets in a fair, uncomplicated and balanced way. Sincerely, Jason Carey, P.E. Principal River Engineer RiverRestoration ORG LLC PO Box 248 818 Industry Pl. Carbondale, CO 81623 office: (970) 947-9568 email: jason.carey@riverrestoration.org P.O. BOX 248 CARBONDALE, CO 81623 | 970.947.9568 August 16, 2022 - Page 50 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 1 Making Rivers Better Places TEAM INTRODUCTION RiverRestoration is a small business specialty river engineering firm in our 18th year of business. We work on projects nationwide and regularly team with other firms, both large and small, as required to meet our clients’ needs. We are comfortable and effective in the prime consultant role. Our objective is always the same – meeting our clients’ needs and exceeding their expectations. Our work in the river engineering field has gained us a national reputation for our unique solutions, and we bring that spirit of innovation to this contract. We have assembled a highly qualified team for the Two Year Flood Line and 100 Year Floodplain Modeling and Mapping to support the Town of Vail. Included on the team are subcontractors:  NV5 Geospatial (NV5): Aerial Data Acquisition and Mapping  Survey Systems, Inc (SSI): Geodetics and Survey Control Network RiverRestoration selected NV5 because of their extensive aerial bathymetry and LiDAR work in challenging mountain terrain, their 1,800 successful projects, and their existing relationships and work success with Team members RiverRestoration and Survey Systems of the Lower Colorado River Assessment Project. RiverRestoration selected Survey Systems because of their extensive geodetic knowledge, their work in challenging mountain terrain, their experience in establishing large control networks, and their existing relationships and work success with Team members RiverRestoration and NV5 on the Lower Colorado River Assessment Project. RIVER RESTORATION Established in 2004, RiverRestoration is a specialty river engineering firm with the mission to make rivers better places. We have the insight to enhance the social, economic, and environmental values flowing in the river every day. Our team of 12, including river engineers, environmental scientists, and passionate river stewards, has developed numerous innovative solutions for our rivers. RiverRestoration provides the creative planning, engineering, and technical support required for a successful river project. Our goal is for whole system design that includes restoration, preservation, enhancement, and beneficial use of river and riparian ecosystems. We employ a collaborative approach that balances the functional needs of water users, recreation, and the environment, while creating sustainable solutions. Our applied philosophy is that healthy rivers can exist as an integral part of our human environment. Our track record includes implementation of more than 100 river-centric projects to date, many of which have proven design through performance in multiple flood and drought events. At RiverRestoration, we apply state-of-the-art technology and science as an analytical approach to the assessment, evaluation and design of natural channels. This results in reliable predictions of channel response that leads to sustainable riparian and aquatic habitat regeneration. We examine projects on broad time and spatial scales. Long-term function of geomorphology and sediment transport are central to our design. We connect communities to their rivers by including river interaction as a central design theme. These plans take into account habitat function, recreational use, non-point source pollution reduction, and water rights. We establish a vision with clients and guide strategies and alternatives evaluations to implement that vision. August 16, 2022 - Page 51 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 2 Making Rivers Better Places RiverRestoration regularly practices hydraulic engineering, including hydrographic surveys, multi-dimensional hydraulic modeling, sediment modeling, and flood hazard remapping to solve river issues. RiverRestoration has implemented over 20 projects in Vail and Eagle County, and over 80 projects in similar mountain regions, that have been based on our hydraulic modeling expertise. Every project we design includes detailed hydraulics as well as flood plain modeling. Our projects surviving repeated droughts and flood events proves our track record of accurate hydraulic modeling. NV5 GEOSPATIAL NV5 Geospatial is a full-service geospatial firm with over four decades of experience in spatial data acquisition and generation, integration, and analysis for clients worldwide. Their talented staff of over 600 employees includes licensed photogrammetrists, image processing analysts, lidar specialists, professional engineers, GIS specialists, licensed state land surveyors, land mapping specialists, programmers, CADD designers, and IT specialists. They are an industry leader in the acquisition and processing of lidar (topographic and topobathymetric) and orthoimagery across a diversity of landscapes. NV5 Geospatial has provided high-resolution airborne data (imagery and lidar), geospatial products, and land survey data to clients throughout Colorado. These clients have included the Colorado Water Conservation Board (CWCB), Denver Water, FEMA, USGS, USBR, NOAA, regional airports, utility companies, local governments, and numerous private clients throughout Colorado. Data collection has included over 95,000 square miles of imagery data and over 40,000 square miles of Lidar. SURVEY SYSTEMS, INC. Survey Systems (SSI) is a Service-Disabled Veteran-Owned Small Business, certified through the Center for Veterans Enterprise, and an SBE with the City and County of Denver and RTD FasTracks. Incorporated in 2001, Survey Systems is an established leader in the surveying industry. We are qualified to provide expert survey services in the following areas: • Research & Computations • Easement Descriptions • Topographic, Design & Boundary Surveys • Geodetic Control Surveys • Horizontal & Vertical Control Networks • R.O.W. Retracement & Reseach Surveys • Subsurface Utility Engineering (SUE) Surveys • Hydrographic Surveying August 16, 2022 - Page 52 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 3 Making Rivers Better Places PROPOSAL Introduction The following Scope of Services is for improving the accuracy and repeatability of the Two-Year Flood Line (TYFL) and the 100-yr Floodplain elevations and delineations for the mainstem and tributaries of Gore Creek through the Town of Vail with the best available technology and data. The TYFL elevation has been adopted by TOV for regulating and protecting the riparian corridor. Elevations could be better defined for each property allowing a surveyor to determine the setback line on a specific property. NGS has downgraded the control of the Vail Valley and local surveyors are currently having a repeatability problem with surveying the TYFL or the 100-yr Floodplain. We propose to collect high resolution LIDAR and ground survey of the stream channels and create a HEC- RAS 2d model for continuous water surface predictions along the streams. We propose to establish ground control points to orient local surveyors to the specific elevations and datums used in the modeling and Lidar updates. Mapping of the delineated water surface elevations are proposed to be updated with the new ground data and would be provided in GIS format for the TOV to host and publish. To collect high resolution LIDAR and make it useable and repeatable on the ground, a reliable ground control network needs to be established. Establishing a control network for the TOV to rely on the repeatability in locating the TYFL and the 100-yr requires a Geodesist that understands: 1) projection errors at high altitude, 2) the continental plates are constantly moving, and 3) how satellite based datums are the future of survey control. Matt Nichols of SSI is that Geodesist and recognizes that this project warrants the use of National Geodetic Survey (NGS) Online Positioning User Service (OPUS) “Projects”. Matt and his crew are uniquely qualified to publish with NGS thereby making the control network established in the proposal nationally recognizable, published and maintained by NGS, and updatable to future datums (the 1988 NAVD expected to be superseded in 2023). By using the OPUS Projects platform it would allow us to utilize their platform for multiple control point observations in a campaign based work flow to observe the network and manage the required accuracies. Our plan is to observe multiple observations over the same points in a “Hub Design” manner that would ensure that we could meet and or exceed the following. Matt’s team has experience in planning for the "Project” and submitting the "Project” to the NGS for review and accept as a published OPUS Project. The proposed multiple observations of the same control points in a campaign manner to achieve <= 1.0 CM accuracy and this will be tied to the time “Epoch” observing the points. The Epoch is critical for translating the Control Network to future satellite based datums. This approach is critical to making any future adjustments to the data to assure value and long-term viability for the flood modeling. SSI will document all of the control points as required by NGS and analyze the project. SSI will upload all of the data to the NGS for the use of the OPUS Projects platform and perform Network adjustments and finalize the results. SSI would also deliver the results of the project to the TOV and record the Project Control Diagram at the county for all to use. This plan would allow the network to be documented in a manner consistent with the datum modernization efforts of the NGS and allow the control points to be utilized moving forward. By utilizing this approach anyone needing access to the control points will have multiple ways of accessing the data and ensure that everyone working within the network will all be utilizing the same control points and reduce the errors currently experienced by local surveyors. SSI is prepared to complete the ground control network by September 15, 2022. August 16, 2022 - Page 53 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 4 Making Rivers Better Places NV5 will collect LiDAR data using a high pulse rate linear-mode LiDAR system to produce a highly accurate (5cm), high resolution (>20 pulses/m2 ) LiDAR dataset with no gaps and ample buffers around project boundaries. Data will be collected with at least 30% overlap among swaths to minimize gaps and laser shadowing. The LiDAR system records up to four range measurements (returns) per pulse (first, second, third, and last). All overlapping flight lines will be flown in opposing directions to maximize detection of swath to swath inconsistencies and used to resolve system misalignments. Using a combination of automated and manual techniques that are tailored to the particular land cover and terrain of the study area, LiDAR processing will include kinematic corrections, calculation of laser point position, relative accuracy testing and calibrations, classification of ground and non-ground points, assessments of statistical absolute accuracy, and creation of ground surface models. Digital Orthophotography will be collected with a medium format Phase One digital mapping camera in 3 bands (R, G, B) with 40% along-track overlap, and 30% sidelap. The sensor is integrated on the same plane as the LiDAR sensor. Flight parameters will be adjusted to collect imagery with a native pixel size (ground sample distance) of 9cm. Due to the late date of the flight (October 2022) sun angles may be lower than optimal and priority will be given to conditions required for lidar collections. The resulting data product is geo-rectified 8-bit true color imagery of the study area provided as tiled, color- ortho-mosaic. Spatial accuracies (RMSE) will meet. 18 cm RMSE Horizontal accuracy Orthorectification will be accomplished using the LiDAR DEM of the study area.). Individual ortho-rectified TIFFs will be mosaicked ensuring that any radiometric differences between images are corrected. Color balancing and detailed mosaic edits will target best visual appearance of the bands. Mosaic lines will be non-apparent by carefully blending and editing seam locations. The NV5 and SSI subconsultant detailed proposals are attached hereto for reference. RiverRestoration hydrographic survey crews would also ground truth hydraulic controls and crossings with GNSS survey on the established control network. With the highly accurate mapping a 2-D HEC RAS model can be developed and calibrated to the survey conditions. The model will be run in steady state for each the TYFL and the 100-yr hydrograph. GIS-database compatible delineations and elevations of each flood profile will be provided for easy integration into the TOV GIS database. The scope of services and opinion of service efforts were developed assuming a Time and Materials reporting and payment format. Table 1 has our budget estimate $181,788.54 detail. Subconsultant proposals are attached. Task 1.0 – Data Collection Description – The purpose of this task is to produce 6 inch accurate or better data in the mainstem and tributaries of Gore Creek. We propose to acquire 15.5 square miles of data at 5 cm accuracy with 20ppm. In addition, Aerial Imagery will be collected at 9cm per pixel which creates ASPRS class 2 standard accuracy of 18 cm. The Lidar will be processed for bare earth ground and utilized in the hydraulic modeling. The aerial imagery will be orthorectified. The aerial data collected will be available for future additional post processing that could detail structures, sidewalks, light poles, roads and drainages, etc.. August 16, 2022 - Page 54 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 5 Making Rivers Better Places The improved data will allow property owners and surveyors and other professionals to more accurately locate the published TYFL and 100-yr Flood elevations and extents on each property both physically, and in GIS or other mapping platforms. The current mapping data (lidar and orthophotos) is only accurate to 2 feet. Furthermore, there is confusion as to how to recover the data elevation and horizontal datums with ground survey and published benchmark elevations. In addition, the standard NAVD 1988 datum is currently being superseded by the NATRF2022 vertical datum moving forward. The datum conversion and newly acquired data will be recoverable in the future with the proposed control network making this data collection effort viable in the future. Tasks will include the following: - Update the TOV Ground Control Network on upto 12 existing commonly used monuments and upto 4 new monuments. This task will include information on converting the benchmarks to historical datums and to the NATRF2022 - Aerial data acquisition Deliverables: - Up to 12 updated Ground Control Data Sheets - Upto 4 new ground control monuments - Published NGS/Opus Project - Explanation of project datum and data conversions to satellite based datums expected in the near future. - Lidar las; DEM; and 6 inch contour maps in GIS compatible format - 9cm GSD Orthophotos Assumptions: - Aerial data acquisition will be scheduled for low water and dry leaf conditions October 1-15, 2022 to maximize exposed channel detail. - Bathymetric Lidar is not feasible due to the high flight elevations and water aeration. - Lidar returns may be limited where the ground is significantly obstructed and require interpolation - All deliverables will be in electronic format and compatible with GIS or PDF Task 2.0– 2D Hydraulic Modeling and Mapping TYFL Description – The current hydraulic models that the TYFL and the 100-yr Flood elevations are based on are one dimensional (1D) hydraulic modeling and may include interpolations over long areas which could lead to on the ground errors. With the new data collected in Task 1, the model resolution would be greatly resolved to 2 feet by 2 feet grids. The purpose of this task is to create a 2D HEC RAS model of the TYFL and 100-yr Flood and produce maps for the entire mainstem of Gore Creek and the tributaries within the Special Hazard Flood Area (SHFA). Tasks will include the following: - Convert the existing 1D HEC RAS model to a 2D HEC RAS model. - Limited ground survey of crossings. - Make calibration adjustments to model based on low flow. The 100-yr geometry will have the same Manning’s n assumptions as the TYFL. - Produce TYFL and 100-yr Flood elevation and delineation maps for the mainstem & tributaries. Deliverables: - TYFL elevation delineation maps (electronic format, GIS compatible) for mainstem of Gore Creek and mapped SFHA tributaries August 16, 2022 - Page 55 of 159 TOWN OF VAIL | TWO YEAR FLOOD LINE AND 100 YEAR FLOODPLAIN MODELING AND MAPPING 6 Making Rivers Better Places - 100-yr Flood elevation delineation maps (electronic format, GIS compatible) for mainstem of Gore Creek and mapped SFHA tributaries - 2D HEC RAS model calibrated to ground survey - Comparison of the 2021 TYFL to the TYFL based on updated data. Assumptions: - 2D model will be limited to the extents of the 1D model plus a small buffer. - Less than 20 crossings will require updated survey in the field - The crossing geometries in the existing FEMA 1D HEC RAS will be used (43 Gore Creek; 4 Big Horn Cr; 3 Booth Creek; 4 Buffehr Creek; 3 E Mill Cr; 5 W Mill Cr; 3 Middle Cr; 3 Pitkin Cr; 5 Red Sandstone Cr; 2 Spraddle Cr) - Tributaries may be modeled with a combination of 1D and 2D hydraulics depending on Lidar returns and interpolations. - All deliverables will be in electronic format and compatible with GIS or PDF Table A. Proposal Budget RiverRestoration.org, LLC Standard Rates* 2022 POSITION RATE Task 1 Task 2 Total Budget Principal Engineer II $245.52 8 20 $6,874.65 Engineer I P.E. $160.08 32 $5,122.46 Engineer EIT III $134.12 4 248 $33,797.84 Hydrographic Survey + Instrument $270.40 30 $8,112.00 Survey Systems, Inc (Subconsultant) $1.12 28,500 $31,920.00 Quantum Spatial, Inc (Subconsultant) $1.12 85,680 $95,961.60 TOTAL $130,382.26 $51,406.28 $181,788.54 *Rates may increase upto 5% for upon each subsequent anniversary of the Subconsultant Agreement Reimbursable Expenses and Sub-consultant fees may include 12% markup. Table B. Implementation Schedule MILESTONE PARTY Start Date End Date Critical Date Notice to Proceeded (NTP) TOV 8/1/22 8/16/22 8/16/22 Survey Control Network SSI 8/17/22 9/15/22 9/15/22 Aerial Data Acquisition NV5 10/1/22 10/15/22 10/30/22 Hydrographic Survey RRO 10/1/22 10/15/22 10/30/22 Publish OPUS Project SSI 9/16/22 12/31/22 12/31/22 Aerial Data Reduction NV5 10/15/22 12/31/22 12/31/22 Hydraulic Model Development RRO 11/15/22 2/15/23 2/15/23 Draft Deliverables RRO 2/15/23 2/15/23 2/15/23 TOV Draft Deliverable Review TOV 2/15/23 3/1/23 3/1/23 Final Deliverables RRO 3/1/23 3/15/23 3/15/23 August 16, 2022 - Page 56 of 159 FIRM INTRODUCTIONFIRM INTRODUCTION August 16, 2022 - Page 57 of 159 At RiverRestoration, our team of river engineers and watershed scientists are passionate stewards of the river. We incorporate 18 years of implementing successful projects, elevating ideas into innovations, and enhancing the social, economic, and ecologic values carried by rivers. We are committed to connecting and transforming rivers, and the communities they flow through. RIVERRESTORATION.ORG, LLC  PO BOX 248 Carbondale, CO 81623 www.riverrestoration.org OFFICE LOCATIONS:  Headquarters: 818 Industry Pl., Carbondale, CO Utah Branch: 1234 South 900 East, Ste 200, Salt Lake City, UT BUSINESS TYPE:  Certified SBA SAM UNIQUE ENTITY ID:  LG7NG4GT74K6 CAGE CODE:  61F81    NAICS:  541330: Engineering Services   541620: Environmental Consulting 541360: Geophysical Surveying 541370: Surveying and Mapping  541490: Other Specialized Design Services TECHNOLOGY | SOFTWARE • 1D, 2D & 3D hydraulic modeling • Auto Cad Civil 3D • Arc GIS SURVEY EQUIPMENT DETAILS • Survey-grade GNSS & total station equipment • Motorized & non-motorized shallow draft watercraft • Boat mounted GNSS integrated echo sounders River System Analysis River Stability Analyses Fluvial Geomorphic Evaluation Sediment and Erosion Analyses Instream Flow Analyses Channel Maintenance Flow Analyses Reservoir Capacity Analyses Bridge Scour Analyses Floodplain Analyses Recreational Water Rights Expert Witness Testimony Hydraulic Modeling Computational Fluid Dynamics Sediment Transport Modeling Morphodynamic Modeling Aquatic Habitat Suitability Modeling Recreation Hydraulic Modeling Fish Passage/Barrier Evaluation Natural Channel Engineering/Design Dam Removal Design Sediment and Erosion Control Environmentally Sensitive Diversions Aquatic Habitat Design Whitewater Park Design Boat Passage Design Aquatic Organism Passage Design Aquatic Invasive Species Barrier Design Bank Stabilization Design Boat Ramp Design Hydrographic Survey Bathymetric Survey Hydrographic Survey Sediment Sampling Ecological Services Riparian Habitat Assessment Wetland Delineation Identification of Degradations Non-point Source Pollution Reduction Habitat Function Evaluation Native Riparian Restoration Plans Soil and Planting Specifications Project Planning & Management Recreation Use Evaluation Community Planning Assistance with Grants and Fundraising On-site Construction Oversight Construction Stakeout Survey Operation & Maintenance Planning Partner Competencies Reservoir Operations Geotechnical Investigation RiverWare Modeling Heavy Civil Engineering Permitting Process Permit Coordination CWA 401/404 FEMA Map Revisions Alternatives Analysis Permit Application Preparation Partnering for Success: We partner with clients to bring their vision to reality in a real and tangible way. We establish a stratigic vision, coordinate with regulatory agencies and stakeholder groups, develop fundraising strategies, and assist with permit and grant applications to create multi-faceted partnerships.    Our focus is on sustainable benefits and long term natural functions that can serve as a legacy for future generations to cherish. Connecting River Systems: Our whole system approach focuses on connecting aquatic and riparian ecosystems, regenerating natural biodiversity, and building ecological resilience. Building biodiversity is key in ecological resilience; enabling natural systems to respond to disturbances by resisting damage and facilitating quick recovery.  Full functioning ecosystems allow for fish and wildlife to thrive and human communities to benefit from the natural capital. Connecting the human element results in a tangible economic impact and the generation of a stewardship ethic.    Innovative Design: We solve dynamic river issues through our innovative design and engineering process and the application of state-of-the-art technology. Our design process includes detailed data collection, technical analytics, and integration of multi-dimensional hydraulic models. Our river engineering is flood and drought proven, technically sound, environmentally balanced and tailored to each site’s unique and specific needs. Transforming Communities: We enhance rivers to support place-based community development and revitalization by uncovering a site’s unrealized potential and unique attributes. Riverfronts in need of revitalization and new thinking are nearly ubiquitous in our urban cores. Our services help communities expand their recreation opportunities, environmental health, social equity, economic vitality, public safety, cultural identity, and river stewardship. CAPABILITY STATEMENT POC: Jason Carey | Principal River Engineer | jason.carey@riverrestoration.org | (970) 947-9568 VALUE BEYOND TECHNICAL EXCELLENCE COMPANY INFO CORE COMPETENCIES August 16, 2022 - Page 58 of 159 MAIN MARKET SECTORS: • Federal Government • State and Local Governments • River Advocacy Groups Innovative Design Highlight: The success of our innovative Adjustable Hydraulic Structures in Bend, OR and Vail, CO prepared us for a nationwide competitive search by the Michigan Governor’s office for technology to stop aquatic invasive species migration. Our winning idea applies patented technology, is being designed in Michigan, Illinois and Wisconsin, and is a solution for problems worldwide. Transforming Communities Highlight: RiverRestoration led the Ogden River Restoration Project to restore and regenerate the river and transform the community with vibrant greenspaces and reconnected urban landscapes. The community has enjoyed real transformation and economic revitalization symbolized by the Ogden River Restoration. Connecting River Systems Highlight: The Helper City River Revitalization Project is a six-phase environmental infrastructure project on the Price River. The project includes connection of 41 acres of floodplain habitat, removal of 8 fish passage barriers, and connecting the community to the river with four river parks and improved 3 miles of pedestrian pathways. “RiverRestoration was the subconsultant to OTAK Engineering for the design of the Bend Whitewater Park. RiverRestoration performed all work as required by the contract, often going above and beyond to complete the project…RiverRestoration was also extremely helpful in the public outreach and stakeholder group design efforts. Being well versed in how the sport was perceived helped create a seamless effort between the design engineer and local user groups. I would not hesitate to use RiverRestoration again on any future projects.” -Brian Hudspeth, Development Manager, Bend Park and Recreation District “On behalf of Trout Unlimited, I write in support of RiverRestoration... I have worked directly with RiverRestoration on a number of restoration projects throughout the Weber River Basin…RiverRestoration staff have provided unparalleled expertise on river processes and have a thorough understanding of rivers and design. They have provided professional consultation and knowledgeable construction oversight during project execution, with an understanding of project costs and sequencing. All project deadlines have been met, and project communication and consultation has been excellent. Most importantly, RiverRestoration brings a strong river ethic to their restoration designs, which is above and beyond that of a standard civil engineering consultant firm. - Paul Burnett, Utah Water and Habitat Program Lead, Trout Unlimited “On behalf of Helper City, Utah, I am pleased to recommend RiverRestoration to revitalize your local waterway. Helper City has worked with RiverRestoration for over five years now to design, permit and oversee implementation of the multi-phased, comprehensive river restoration on the Price River. In addition to the design and implementation of the in-channel improvements, RiverRestoration guided the City in tackling a number of complex planning issues, including extensive fundraising through local, regional, and national funding opportunities and obtaining approvals and permits from the Utah Department of Natural Resources and the US Army Corps of Engineers. Helper City already recognizes the economic and social growth from the project.” - Lenise Peterman, Helper City Mayor Partnering for Success Highlight: The Big Bend project is a collaborative restoration and recreation project in the City of West Jordan, UT. This project combines outdoor recreational opportunities with a restored wildlife island on the Jordan River. Partners and collaborators on the Big Bend Project include the City, the Utah Reclamation Mitigation and Conservation Commission, the U.S. Fish & Wildlife Service, the National Park Service, Forestry, Fire and State Lands, the Utah Departments of Natural Resources and Environmental Quality, and other public and private entities. RiverRestoration helped secure $5M of funding from a wide variety of agencies and organizations. • National “Facility or Park Design Award” by the National Recreation and Park Association | Colorado Dam Paddle Trail Improvements FEDERAL GOVERNMENT AGENCIES: • US Bureau of Reclamation • US Army Corps of Engineers   • Bureau of Land Management • US Forest Service • National Park Service STATE & LOCAL GOVERNMENTS: • Utah Department of Natural Resources   • New York Power Authority • Genesee County Parks & Recreation, MI • Ogden City, UT   • Helper City, UT  • West Jordan City, UT   • Pitkin County, CO • Town of Vail, CO • City of Aspen, CO • City of Ames, IA • City of Menasha, WI • Others RIVER ADVOCACY GROUPS: • Trout Unlimited • Grand Rapids Whitewater • Jordan River Commission • Middle Colorado Watershed Council • Others • Award of Merit for Best Water/ Environment Project from the Engineering News-Record 2016 Best Projects | Colorado Dam Paddle Trail Improvements • Utah’s 46th Blue Ribbon fishery | Ogden River Restoration • American Fisheries Society Utah Chapter Conservationist of the Year Award to Ogden City 2011 | Ogden River Restoration • Utah DEQ Water Quality Board Sudweeks Award 2012 | Ogden River Restoration CLIENT RELATIONSHIPS AWARDS REFERRALS PAST PERFORMANCE HIGHLIGHTS August 16, 2022 - Page 59 of 159 MEET OUR TEAMMEET OUR TEAM August 16, 2022 - Page 60 of 159 Jack is a watershed scientist, focusing on restoration practices in fluvial geomorphology and ecohydrology. He utilizes his skill set in habitat analysis, geomorphic assessments, sediment transport, and in creating monitoring protocols for restoration projects. Jack is originally from San Antonio, Texas, earning his bachelor’s degree in Environmental Geoscience with a focus in water resources from Texas A&M University. Jack’s past experiences have including working for a federal agency, county government, and a private firm. He currently serves River Restoration’s technical needs performing field data collection, hydrographic surveys, wetland delineations, geomorphic assessments, technical report writing, permitting, and GIS analyses. He has a passion for holistic restoration, focusing on improving the complex habitat that encourage fish productivity. When Jack isn’t in the office or in rivers collecting data, he can be found in the surrounding mountains rock climbing, trail running, skiing, and fishing. Jason Carey, P.E., Principal River Engineer of RiverRestoration, has over 24 years of experience in river planning and design. Jason is a leading innovator in the river engineering field, continually developing new solutions and higher function for our rivers. He has managed over 100 major river engineering projects. His insightful approach is based on analytical assessment of natural channel function. Jason’s experience encompasses analytical river restoration design, river recreation enhancement, and non-point source pollution prevention control. His skills include geomorphic assessments, wetlands restoration, river stability analysis, bio-stabilization, sediment transport analysis, morphodynamic modeling, floodplain determination, flood damage assessment, reservoir capacity analysis, dam break analysis, hydraulic design of structures in the river environment, design of fish and boat passage, design of irrigation canals, hydraulic bridge design, diversion structure design, design of habitat for specific fish species, and whitewater park design. He has experience in every phase of river centric planning and design including preliminary and final design, cost estimates, plans and specifications, surveying and mapping and services during construction. He has a M.S. Degree in Civil and Environmental Engineering from the University of Utah and a B.S. Degree in Physics from Fort Lewis College. Jason was born and raised in Colorado as an avid kayaker and angler. JACK DAHLQUIST WATERSHED SCIENTIST 6 Rio Grande In-Stream Flow Study, Ute Mountain, NM Aquatic habitat element on the Ogden River Restoration Project in Ogden, UT JASON CAREY, M.S., P.E. PRINCIPAL ENGINEER WHO WE ARE August 16, 2022 - Page 61 of 159 Quinn Donnelly, P.E. is a project manager and river engineer with 18 years of experience working on a broad range of water resource projects. For the past five years he has been working on restoration projects on Rocky Mountain streams with RiverRestoration focused on fish passage and barrier assessment and design. Quinn’s areas of expertise include open channel hydraulics and modeling, fish passage design, stream restoration and bank stabilization design. His technical skills include site assessment and hydrographic survey, hydrologic and hydraulic modeling in SRH-2D and HEC- RAS, designing and drafting in AutoCAD Civil 3D, and analyzing and mapping in ArcGIS. Quinn has led and managed consultant teams on complex, multi-faceted projects, including recent projects in Colorado, Oregon and Utah. Prior to his engineering career, Quinn served as an aircraft maintenance officer in the U.S. Air Force, serving in South Carolina, Germany and the Middle East. Quinn has a bachelor’s degree in Civil Engineering from the University of Virginia, a master’s degree in Civil Engineering with a Water Resources emphasis from the University of Washington, and a professional certification in River Restoration from Portland State University. Quinn works out of the Carbondale office and is a registered Professional Engineer in the states of Colorado and Utah. Scott Prins, P.E. has been working as a river engineer for over 12 years and has experience in-stream restoration and river mechanics, habitat design and morphodynamic modeling. After obtaining a Bachelor of Science in Engineering Degree from Calvin College in Grand Rapids, MI, where he worked for the engineering department for the City of Wyoming, MI, Scott moved to Fort Collins, CO to study stream restoration at Colorado State University. He received a Master of Engineering Degree in stream restoration and river mechanics and took a job as a hydraulic engineer for Knight Piesold and Co. in Denver, CO. Scott has been part of the RiverRestoration team for nine years now where he has done extensive 1D and 2D hydraulic modeling in addition to planning, design and hydrographic and topographic surveying. His analytical and applied skills include hydrologic and hydraulic surveying and modeling, floodplain analysis, sediment transport, riparian zone assessment, and CAD drafting. He is particularly interested restoring natural function to degraded river systems as well as using his understanding of river mechanics to design recreational features that function properly in the river environment. QUINN DONNELLY, M.S., P.E. RIVER ENGINEER Elk Creek fish passage channel project in New Castle, CO 7 Los Colonias Slough on the Colorado River in Grand Junction, CO SCOTT PRINS, M.S, P.E. RIVER ENGINEER August 16, 2022 - Page 62 of 159 François is a river engineer from Lyon, France, with 10+ years experience in engineering and planning. He’s a graduated engineer from the French department of environment’s engineering school ENGEES, which stands for National School of Water and Environmental Engineering of Strasbourg. He worked on diverse river hydraulic projects, combining skills in hydraulic modeling (HEC RAS 1D- 2D, and SRH-2D), hydrology (HEC HMS, rational method...), floodplain studies and assessment , sediment transport, whitewater parks and fish passages design, modeling, and construction, as well as CAD drafting in various countries: from Spain to France, and the United States. As an avid kayaker, he worked early in the whitewater parks design and modeling field where he learned his skills from all major actors, blending them with his own approach. He recently completed the update of the Pilastra Whitewater Park in Salt, Catalunya, Spain, where he combined whitewater enhancements with fish passage, using movable obstacles from the French company Hydrostadium and under the close review from kayak freestyle world champion Joaquim Fontane i Maso. Francois’s kayaking background led him into the field of river restoration, so that his respect for the outdoors and their preservation is being reflected through his everyday work. Russell is an engineer-in-training, hydrologist, and geomorphologist. He combines these skill sets in the context of river engineering; sediment transport; and hydraulic, hydrologic, and habitat analysis. Russell earned a bachelor’s degree in Biological Engineering at the University of Arkansas where courses on watershed management and ecology found common ground with his interest in rivers. He then went on to earn a master’s degree in Water Resources Engineering at Oregon State University focusing on habitat restoration for wild salmon. Russell has a multidisciplinary background having previously worked in several federal agencies including the National Park Service and National Forest Service as well as private firms. These experiences working on a variety of field data collection, design, and monitoring projects have given him a wide range of experiences on issues surrounding rivers. He has received advanced training in hydrographic data collection and analysis methods. His technical skills include hydrographic surveying, stream gauging and monitoring, geomorphic assessments, and habitat assessments. Russell has experience in hydraulic and hydrologic modeling as well as GIS and CAD. FRANCOIS ESCORIHUELA RIVER ENGINEER Pentz Smith Diversion modification and habitat elements on the Weber River in Morgan, UT 8 RUSSELL BAIR, M.S., EIT RIVER ENGINEER Sacco Diversion modification on the Price River in Helper, UT August 16, 2022 - Page 63 of 159 Alex is a water resources engineer with 7 years of experience in channel design, bank stabilization treatment, floodplain evaluation, and municipal stormwater design. She brings to the team a solid foundation in hydrologic and hydraulic analysis, 3D surface modeling, scour geometry calculations, plan production, project management, and construction inspection. She has a passion for the outdoors and strives to put forth realistic designs that benefit not only humans, but animals and the environment as well. Alex earned her Bachelor’s degree in Civil Engineering from Colorado State University in Fort Collins, CO, where she spent one summer constructing scaled flume models and assisting in data collection at the Engineering Research Center’s Hydraulics Laboratory. After completing her undergrad she worked in Denver for several years until finally deciding to move back to the mountains to focus on river design. Outside of work, Alex enjoys backpacking, climbing, snowboarding, road biking, cooking, and traveling. She is also a volunteer River Steward with the Roaring Fork Conservancy. Recently completed bank stabilization and public access project on the Jordan River in West Jordan, Utah 9 ALEXANDRA HELLER, P.E., RIVER ENGINEER August 16, 2022 - Page 64 of 159 PROJECT HIGHLIGHTSPROJECT HIGHLIGHTS August 16, 2022 - Page 65 of 159 POC: Jason Carey | Principal River Engineer | jason.carey@riverrestoration.org | (970) 947-9568 A significant flood event occurred within the Town of Vail in June of 2010. RiverRestoration calculated that flows, greater than the 100-year event occured on the main channel and flows exceeded the 500-year event on a number of tributaries. This flooding significantly damaged property, infrastructure and the channel. Town of Vail requested a damage assessment and a prioritized river engineering and restoration plan. The Town is highly sensitive to the environment and aesthetics and requested a restoration plan that could enhance the natural function of the channel while stabilizing the urban infrastructure. RiverRestoration identified, categorized and prioritized 64 projects for repair and restoration. Cost opinions and concepts for sustainable designs were scoped. RiverRestoration designed and engineered four top priority projects guided them through construction within 6 months. Twenty Seven additional descrete projects have been designed by RiverRestoration and implemented since 2011. Improved flood conveyance, bank stability and infrastructure protection has been achieved at each project. These designs have accommodated habitat, morphology, and recreation while being aesthetically pleasing. As a part of this effort 12 parcels of Town stream tract have benn reclaimed and restored with native riparian vegetation designed by RiverRestoration. The riverfront property values are a close second to the slopeside valuations as the Gold Medal fishing and world class kayaking are creating year round recreation demand in this mountain resort town. TOWN OF VAIL FLOOD DAMAGE REPAIR RiverRestoration assessed over 12 miles of Gore Creek and its tributaries. A total of 64 specific projects were identified and prioritized as shown below. August 16, 2022 - Page 66 of 159 POC: Jason Carey | Principal River Engineer | jason.carey@riverrestoration.org | (970) 947-9568 Stephens Park Bank Stabilization and Access: Sixty feet of flood erosion at this river bank threatened collapse of 150 foot tall conifer trees and the capture of historic channels pictured here. RiverRestoration stabilized the eroding bank with a combination of stone terracing and dense riparian vegetation. The main channel was trained with a number of rock barbs. The toe of the banks supporting the conifers was stabilized with stone toe protection and significant revegetation of the understory. The project fronts the Stephen’s Park dog park and is now the best place to cool off in Vail. Stephen’s Park bank stabilization and access Upper Middle Creek Avulsion Repair: In the 2010 Flood Event Middel Creek cut a new channel and eroded 100 feet of bank. RiverRestoration designed a stable repair for the bank and realigned the channel with improved convayance and 9 boulder step pool sequences. Middle Creek Confluence Bank Bio-Stabilization: A live crib bank with native riparian species designed by RiverRestoration to stabilize an activley eroding bank and provide safe access to a popular overlook. August 16, 2022 - Page 67 of 159 POC: Jason Carey | Principal River Engineer | jason.carey@riverrestoration.org | (970) 947-9568 Chriostopher Sewell Bridge Stabilization: Flood erosion of a river bank completely scoured the bridge abutment and the bridge was structurally unsound. The bank was rebuilt and trained and the abutment was stabilized in place to save the bridge and defer the more significant costs of replacing the bridge. No. 7 Tee Bank Stabilization: The south bank of Gore Creek near the Number 7 tee box after 100-year flooding threatened collapse of the adjacent path. The bank was rebuilt to provide ample buffer between the path and top of the bank. Live willow staking and ample riparian restoration were installed to help stabilize the bank. RiverRestoration hydraulically designed a bridge realignment and stabilized a channel head cut on Middle Creek behind the Vail Public Library. Aspen Court Bridge Channel Realignment: 100-year flooding caused 50 lateral feet of channel migration and the collapse of Aspen Court bridge. RiverRestoration realigned the river and stabilized the bank with a combination of stone toe protection and a live crib bank. The live crib design allowed for the mass of channel deposits to be cost effectively disposed onsite into the rebuilt bank. The floodway conveyance was restored with this project. Dense riparian vegetation was planted in the face of the crib as well on the overbank. The channel was designed for the continued transport of cobble materials and to accommodate potential future channel migration. August 16, 2022 - Page 68 of 159 POC: Jason Carey | Principal River Engineer | jason.carey@riverrestoration.org | (970) 947-9568 Columbine Drive Culvert Replacement: A 500-year flood event passed 3 feet diameter boulders through a CMP culvert, tearing the bed of the culvert and creating piping of the road embankment and sink holes in the road grade. In addition a 10 feet vertical head cut formed downstream. RiverRestoration designed a 8’x5’ concrete box culvert with groundwater cutoff collars and stabilized the head cut with a massive boulder waterfall on the downstream channel. Booth Creek Avulsion Repair: Booth Creek experienced 500- year flood event in 2010. A culvert occluded with large cobble debris and the upstream creek avulsed creating a new channel and flooding. RiverRestoration modified the culvert for improved sediment transport, repaired the avulsion, designed stable grade control for USGS 09066200 gage and a new rating curve adn indesigned native riparian restoration. Ford Park Amphitheater Bridge Stormwater Swale: The eroding stormwater outlet was designed by RiverRestoration to be rerouted through a constructed and vegetated swale and into the riparian buffer. The rerouting paths for the low flow were routed with large log and boulder structures with overflow channels. Native riparian vegetation was installed throughout the new swale. Bighorn Pond Avulsion Repair: 100 year flooding of Gore Creek captured a side channel flow through pond and initiated a head cut through the outlet. RiverRestoration designed a 7.3 feet vertical concrete cutoff wall to stabilize the head cut and control the pond level through a range of flows. In addition the inlet works to the pond were wiped out with 50 feet of bank erosion. RiverRestoration designed the realignment of the main channel, diversion head gate, crib bank and bio- stabilization structure, and a boulder vane in the channel for headding the diversion works. August 16, 2022 - Page 69 of 159 STANDARD FORM 330 (REV. 8/2016) PAGE 1 F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20. EXAMPLE PROJECT KEY NUMBER 1 21. TITLE AND LOCATION (City and State) 22. YEAR COMPLETED Albuquerque Metropolitan Arroyo Flood Control Authority (NM) PROFESSIONAL SERVICES CONSTRUCTION (if applicable) Ongoing N/A 23. PROJECT OWNER’S INFORMATION a.PROJECT OWNER b.POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER AMAFCA Nichole Friedt, P.E., CFM (505) 884-2215 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (include scope size, and cost) Professional Fee: $66,986.16 RiverRestoration was awarded a IDIQ contract with the Albuquerque Metropolitan Arroyo Flood Control District (AMAFCA) to provide river engineering including hydraulic modeling and flood hazard mapping. To date, three task orders have been awarded for HEC-RAS Two- Dimensional hydraulic modeling and routing of flood flows through complex Arroyo’s and concrete lined channels. Task Order #1: NAA HYDRAULIC ANALYSIS BERNALILLO COUNTY, NEW MEXICO was scoped as a flood hazard evaluation of three natural Arroyos that confluence in a residential development. AMAFCA staff provided various types of topographic information that was used to create the hydraulic models. This included LiDAR data, detailed topographic survey of the arroyo channels, and high resolution aerials of the study area. The aerials were used to place structures and walls when this information was not included in the survey data. An AutoCAD Civil 3D surface was developed, and this information was then imported in ArcGIS as a raster based digital elevation model (DEM) with a cell size of 2 feet by 2 feet. The 2D HEC-RAS models were developed by RiverRestoration and run using selected modeling parameters for three configurations to represent existing conditions. The 2D HEC-RAS results of velocities and depths for the 100- year event, and 50% of the 100-year event, were imported as raster images into ArcGIS for mapping. Task Order #2: NAA HYDRAULIC DESIGN OF HYDRAULIC CROSSINGS was scoped as an evaluation of two conceptual alternatives to improve flood conveyance of Arroyos confluence in a residential development. The 2D HEC-RAS models were developed by RiverRestoration and run using selected modeling parameters based on proposed design of Arroyo Lining and crossings to represent proposed flood hazard conditions. The 2D HEC-RAS results of velocities and depths for the 100- year event, and 50% of the 100-year event, were imported as raster images into ArcGIS for mapping. Task Order #3: NORTH PINO ARROYO HYDRAULIC ANALYSIS was scoped as an evaluation existing concrete lined channel capacity and flood hazard area due to overbanking. AMAFCA provided high resolution Lidar (5cm 20ppm) for basemapping input. RiverRestoration field surveyed hydraulic controls. The 2D HEC-RAS models were developed by RiverRestoration and run using selected modeling inputs. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT a.(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE RIVERRESTORATION.ORG, LLC Carbondale, CO Prime Consultant August 16, 2022 - Page 70 of 159 9/14/2018 STANDARD FORM 330 (REV. 8/2016) | PAGE F4 SOLICITATION #140R40-18-R-0013 7/15/22 HYDROGRAPHIC DATA COLLECTION SERVICES FOR THE USBR’S MRG Ranegline Collection Upper -Lyden to San Felipe– Specified Areas SECTION F: PROJECTS F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20.EXAMPLE PROJECT KEY NUMBER 2 21. TITLE AND LOCATION (City and State)22.YEAR COMPLETED Colorado River Assessment, Bathymetry and Sediment Data, No. 140R3021C0012 (Lower Colorado Region, AZ, CA, NV) PROFESSIONAL SERVICES CONSTRUCTION (if applicable) 2021-2022 N/A 23. PROJECT OWNER’S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER US Bureau of Reclamation Jay Nemeth (928) 343-8137 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (include scope size and cost) PROJECT RELEVANCE 342 River Miles of Hydrographic Survey 339 Sediment Samples Tribal Coordination and Access Safety Plan QAQC Plan OTHER HIGHLIGHTS Reservoir Capacity Calculations Green Lidar Bathymetry Multi-Beam Echo Sounder Survey Survey Control Network Monumentation RTX GNSS Positioning CONTRACT DETAILS Professional Fee: $3,599,649 Construction Cost: N/A The Lower Colorado River Assessment (Project) is a significant effort to perform bathymetric survey and obtain bed sediment data of the Colorado River (River) between Hoover Dam south to the Southerly International Boundary (SIB) with Mexico. The Project area is 90 square miles over more than 342 miles of River channel. Much of the area is extremely remote in the Mohave and Sonoran Desert wildernesses. The Dams named Hoover, Davis and Parker, have tamed the River here and helped establish the West; but the deep gorges of Black Canyon, Topock and Picacho mark the story of a wild and raging River. RiverRestoration (www.RiverRestoration.org) was awarded the contract to perform the work for the U.S. Bureau of Reclamation (Reclamation) Lower Colorado Region. The RiverRestoration Team included: NV5 Geospatial (www.nv5.com ) to acquire aerial topo-bathy lidar data; Precision Surveys, Inc. (www.precisionsurveysinc.com) to establish a ground control network and support aerial surveys; Survey Systems, Inc (surveysystems.net) for bathymetric survey, and; Tetra Tech, Inc. (www.tetratech.com) for bathymetric survey and sediment sampling support. The survey strategy was to first establish the ground control (October 2021) that could be accessed for survey check in, aerial ground control, and for RTK base set up if needed. Pairs of control monuments were established every 10 miles. The control network was established with static methods and post processing on the precise ephemeris. The second step in the survey strategy was to acquire aerial lidar (November 2021) including “green” lidar that has the ability to aerially acquire bathymetric data. Aerial bathymetry is limited by depth, but it was anticipated that a majority of the survey area could be completed with the aerial lidar with depth penetrations upto 30 feet. This would allow the vessel surveys to focus on bathymetric surveys in the limited areas where lidar data were not collected. Aerial bathymetry requires ground control, water surface elevations and water quality data for calibration. The Precision Surveys had just received their quiver of new RTX enabled Trimble R12 receivers curtesy of the supplier Frontier Precision (frontierprecision.com) in time to support the aerial survey. This was the first test of RTX reliability for the survey area and initial results were promising with checks on the established control better than 0.1 feet and good precisions August 16, 2022 - Page 71 of 159 9/14/2018 STANDARD FORM 330 (REV. 8/2016) | PAGE F5 SOLICITATION #140R40-18-R-0013 7/15/22 HYDROGRAPHIC DATA COLLECTION SERVICES FOR THE USBR’S MRG Ranegline Collection Upper -Lyden to San Felipe– Specified Areas F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20.EXAMPLE PROJECT KEY NUMBER 2 (cont'd) 21. TITLE AND LOCATION (City and State)22.YEAR COMPLETED Colorado River Assessment, Bathymetry and Sediment Data, No. 140R3021C0012 (Lower Colorado Region, AZ, CA, NV) PROFESSIONAL SERVICES CONSTRUCTION (if applicable) 2021-2022 N/A in canyon areas without loosing initialization. Lidar acquisition did not include real time GNSS corrections, but with the ground control verified with RTX, lidar was post processed with RTX corrections. With the corrected lidar data, an aerial “voids” map developed for areas where lidar returns were not accurate. The vessel based bathymetric survey areas were defined and planned for deployment (February 2022) based on the voids map. The Multi-Beam Echo Sounder (MBES) equipment requires dual GNSS receiver heads to determine heading in the positioning solution. In order to survey the lidar void areas, and avoid shoals, real time corrections were required to safely and efficiently pull off the vessel based surveys. However, the real time RTX service had not yet been released as mobilization was imminent to stay within the tight schedule of the Project. The supplier Seafloor Systems (www. seafloorsystems.com) worked directly with Applanix (a Trimble company) to release the first beta version of real time RTX corrections for their Wavemaster II. The vessel Ducky was set up with the Wavemaster II for real time positioning of a Reson T-50 MBES. A redundant Trimble R10 with real time RTX enabled was also set up to allow for control checks and positioning verification. The vessel Perseverance was set up similarly with an Applanix Wavemaster, a beta version of real time RTX corrections, and a Reson T-20. The vessel David Humes was similarly equipped. With all of the vessels capable of real time RTX the survey areas could be efficiently divided, overlapped and merged. Sonar survey proceeded between February 15 and June 8 2022. Sediment sampling of 339 bed sediments were collected throughout the Project area. Sediments samples were gathered using various techniques. The main sampling method was composed of using a Ponar, we also used the BM54, grab sample when shallow enough as well as field sieve and wolman count when more appropriate. Coordination with Tribal entities was required for acces to lands. QAQC and Safety Plans were prepared in acordance with USBR standards. No significant injuries occured during the effort. MBES Survey in Black Canyon below Hoover Dam Sediment Sampling and SBES survey Lower Colorado River August 16, 2022 - Page 72 of 159 Jason Carey, P.E. Principal River Engineer PO Box 248, Carbondale, CO 81623 Office: (970)947-9568 x800 E-mail: jason.carey@riverrestoration.org August 16, 2022 - Page 73 of 159 Vail, Colorado Lidar 1   1.0 Executive Summary Quantum Spatial (DBA NV5 Geospatial) is a full-service geospatial firm with over four decades of experience in spatial data acquisition and generation, integration, and analysis for clients worldwide. Their talented staff of over 600 employees includes licensed photogrammetrists, image processing analysts, lidar specialists, professional engineers, GIS specialists, licensed state land surveyors, land mapping specialists, programmers, CADD designers, and IT specialists. They are an industry leader in the acquisition and processing of lidar (topographic and topobathymetric) and orthoimagery across a diversity of landscapes. For the Vail, Colorado Project, lidar data will be collected over a total 15.5 sq miles. Data will be collected at 20 points per meter with an absolute accuracy requirement of 5 cm RMSE. Additionally, we have provided an option for aerial imagery collection to support digital orthophotography and future planimetric mapping should the Town require these products. 2.0 Lidar Methods The following provides a summary of the methodologies and practices we will employ to meet and the project standards. NV5 Geospatial has developed a unique repertoire of collection, processing, and product validation protocols and tools to provide assurance that all specifications standards and requirements are met. These ensure a high level of execution compliance and product uniformity. Methodologies to ensure delivery of high-quality products and services to required standards include the following: 1. Sensor Calibration – Sensor calibration test flights are performed frequently to verify computation of lever arms and ultimately the relative and absolute accuracy of the system. Periodic calibrations are conducted at our calibration facility in which flights over a permanent boresight location are conducted using orthogonal flight lines at two different altitudes. The calibration site includes a total of 26 control points established with precise survey methods. Comprehensive calibration is routinely undertaken when hardware changes to the system have occurred; environmental conditions are believed to have affected the current calibration; or after the maximum period of three months from the previous comprehensive calibration. Project specific boresight calibration is also locally conducted on each sensor at project commencement and completion. 2. Acquisition –Operational procedures include detailed flight planning and parameter settings to guarantee executing the nominal pulse density with 100% coverage. These include careful determination of scan angle and flight altitude configurations to meet pulse density specifications; >30% overlap of flight lines to minimize gaps over terrain, and ensure multi-angle laser penetration and characterization of features; terrain following; coordination of flight headings with terrain contours; and GPS/IMU/boresighting coordination to result in indiscernible line-to-line differences in point locations. Lidar data will be acquired at ≥ 20 pulses/m2 using a state-of-the-art lidar system comprised of a roll- compensated sensor with GPS (≥ 2 Hz sampling frequency)/IMU and capable of emitting ≥150,000 laser pulses per second (up to 500KHz) with multi-pulse in air (MPIA) capabilities. Departures from planarity will not exceed 10 cm for the project as a whole (typical laser noise evaluated over multiple NV5 GEOSPATIAL projects - 2 cm). August 16, 2022 - Page 74 of 159 Vail, Colorado Lidar 2   3. Survey Control – Thorough survey and ground control procedures are critical to enabling corrections for aircraft position, calibrating flight lines, and verification of accuracies. We will execute a comprehensive ground survey control and verification plan to ensure data accuracy according to specifications. These include collecting calibration checkpoints, and validation checkpoints across land cover types to assess vertical accuracy. To verify lidar point calibration and enable accuracy assessment, our field crew will collect ground survey points (GSPs) using traditional GNSS-based real time kinematic (RTK) or post-processed kinematic (PPK) survey techniques. For flight line calibration, we will distribute a suitable number of hard, bare earth ground check points (GCPs) on level slope throughout project areas. GCPs will span multiple flight lines and where possible, span at least 20% of the flight lines of larger study areas. In addition, our ground crew will collect at least ASPRS- recommended minimum number of non-vegetated (NVA) and vegetated (VVA) control points to be used for assessing vertical accuracy. 4. Pre-Calibration - The base station data, ground check points, executed flight plans, and daily field reports are transferred to the production office nightly and evaluated within a day of acquisition. NV5 GEOSPATIAL survey and acquisition staff will evaluate acquired data using QA/QC tools for near real- time detection of any system issues. Automated methods check for coverage and density prior to initiating calibration, allowing the acquisition team to respond quickly to any data gaps or sensor issues before the flight team has relocated to the next targeted area. Mission GPS/IMU data are run through Leica IPAS Pro to look for gaps in data collection. Any areas with voids are reviewed by NV5 GEOSPATIAL’s technical lead and a decision is made on whether a re-flight is necessary. 5. Flight Line Calibration - NV5 GEOSPATIAL has been uniquely adamant in its position that calibration procedures are of utmost importance in achieving accurate topographic modeling. They are known within the industry for providing datasets with tight line-to-line calibrations and exceptionally high relative accuracy. We follow a stringent protocol for collection of GCPs to evaluate and correct flight line offsets. Relative accuracy is assessed, and slight system pitch/roll/yaw misalignments are corrected, through automated sampling and calibration routines comparing elevation, slope, and intensity values for the same area within two or more overlapping flight lines. Calibration of flight lines is important both to ensure high relative and absolute accuracy, and to facilitate data consistency among missions. 6. Point Cloud –Lidar point data go through multiple inspections throughout the workflow to ensure the most representative models of the project area terrain and above ground features are ultimately delivered. NV5 Geospatial utilizes TerraScan and TerraModeler for automated class assignments, manual editing/artifact removal, and bare earth generation. NV5 Geospatial has developed customized (to landscape) variable macros for initial ground modeling. Key project-specific variables such as point characteristics and classification maximums (terrain and iteration angles) are established in this phase. Automated generation of ground points is not solely relied upon to create a final surface, however - NV5 GEOSPATIAL point editors are trained to look for any anomalies in the point cloud including line-offsets, artifacts, abnormal noise, etc. We have established communication protocols for editors to identify potential issues to the Project Manager and Technical Lead. There will be no avoidable misclassification of returns contained in the lidar data deliverables (no more than 2% error per square kilometer). After calibration, manual filtering of error points, and ground classification is complete, the native (first return) and ground classified densities are verified they meet the nominal specification. August 16, 2022 - Page 75 of 159 Vail, Colorado Lidar 3   7. Surface Model Generation - For most lidar applications, the quality and accuracy of the ground model and associated topographic products is of paramount importance for effective planning, mitigation, and an understanding of earth processes. The ability to derive sound accurate topographic products hinges on strategic acquisition approaches, rigorous calibration of flight lines, and high-level point cloud processing. We have developed robust methodologies for generating final culminating topographic products that are accurate, comprehensive, user-friendly, and manageable. Processing methodologies for DEM generation include creating a triangulated surface between ground-classified points, exporting TINs as ArcGIS ASCII grids at the specified pixel resolution and then mosaicking the grid into a delineation/tiling system specified by the client. In the mosaicking process, we use protocols to ensure there are no tile edge artifacts. 8. Proprietary software ensure consistent model output criteria are met for each project. A significant step in the bare earth DEM workflow for includes proper treatment and surface representation of bridge crossings. Our methodology involves digitizing breaklines that represent the terrain elevations underneath the bridge deck, and draping to the ground surface for integration in the final DEM. The terrain breaklines will effectively force the DEM to triangulate down to the ground beneath the bridge rather than straight across at bridge deck level. 9. Hydroflattened DEM - Hydroflattening is a standard product to which NV5 GEOSPATIAL has become accustomed and for which we have developed unique proprietary tools. The hydro flattening process involves generating hydro breaklines, assigning elevation values, applying the breaklines to the DEM, and assuring proper topology and drainage monotonicity (downward flow of water). Inland ponds, lakes, streams and rivers meeting USGS criteria (impoundments, natural or man-made greater than ~2 acres in area; all streams that are nominally wider than 100 ft) are identified, and hydro-breaklines for these are digitized within the project boundary. Breaklines are developed using an algorithm which weighs lidar -derived slopes, intensities, and return densities to detect the water’s edge. Edges are then manually reviewed and edited as necessary. Once hydrolines are developed, water body elevations are computed from the filtered lidar returns. Water’s edge breaklines are then incorporated into the final terrain model and enforced. The initial ground classified points (class 2) falling within polygon or polyline breaklines are then re-classified as water (class 9). 10. Accuracy Analysis and Reporting - Absolute accuracy assessments will compare the x, y, z locations of known ground survey points to the triangulated ground surface generated from the lidar points. Accuracies are described as the mean and standard deviation (sigma~) of divergence from ground survey point coordinates. VVA points should have survey areas sized with a minimum homogeneous area of (NPSx5)2, with less than one-third of the required RMSEz deviation from a low-slope (less than 10 degrees) plane. The following vertical accuracies will be met or exceeded lidar compliance: o RMSEZ ≤ 5 cm (non-vegetated Swath, DEM) o NVA ≤ 9.8 cm 95% Confidence Level (Swath, DEM) o VVA ≤ 14.7 cm 95th Percentile (DEM) All accuracy statistics (RMSEz, Accuracyz - 1.96 , skewness/distribution, and percentile deviations) are reported in the project report. August 16, 2022 - Page 76 of 159 Vail, Colorado Lidar 4   3.0 Lidar Technical Approach Acquisition and Survey Control NV5 Geospatial will collect airborne topographic lidar data using a Riegl 1560ii model (or equivalent) system at 20 pulses/m2 or greater with no gaps and ample buffers around project boundaries. Data will be collected at ≤ 60° field of view (± 30° from nadir; this is standard FOV for the newer 1560ii), with at least 30% overlap among swaths to minimize gaps and laser shadowing. All overlapping flight lines will be flown in opposing directions to maximize detection of swath-to-swath inconsistencies and resolve system misalignments. Vertical accuracy – relative and absolute – will meet or exceed requirements as per the RFP. To enable geospatial correction of aircraft positional coordinate data, NV5 Geospatial will use Trimble® CenterPoint™ Post- Processed Real-Time Extended (‘PP-RTX’) and/or TerraPos® Precise Point Positioning (‘PPP’). To calibrate the data and enable accuracy assessments, field crews will collect ground check points (GCPs) using GPS-based real-time kinematic (RTK) survey techniques. For an RTK survey, the ground crew uses a roving unit to receive radio-relayed corrected positional coordinates for all ground points from a GPS base unit set up over a survey control monument. Our team will distribute a suitable number of ground check points (GCPs) on level slope throughout the project area, as feasible given road access and GPS conditions. Ground survey points will be collected on open, bare earth surfaces (Calibration and Non- vegetated Vertical Accuracy - NVA) and within prominent land cover types (Vegetated Vertical Accuracy - VVA). Vertical accuracy requirements will meet or exceed the specification levels for NVA and VVA (see above table). The techniques for establishing all ground check points will be outlined in the Report of Survey, including the identity, locations, and position residuals of all GCPs used to evaluate survey accuracy. Processing Using a combination of automated and manual techniques that are tailored to the particular land cover and terrain of the study area, lidar processing will include kinematic corrections, calculation of laser point position, relative accuracy testing and calibrations, classification of ground and non-ground points, assessments of statistical absolute accuracy, and creation of ground surface models. The hydro flattening process involves generating hydro breaklines, assigning elevation values, applying the breaklines to the DEM, and assuring proper topology and drainage monotonicity (downward flow of water). Breaklines are developed using an algorithm which weighs lidar-derived slopes, intensities, and return densities to detect the water’s edge. Hydro breaklines for inland ponds, lakes, streams and rivers meeting USGS criteria (impoundments, natural or man-made greater than ~2 acres in area; all streams that are LiDAR Specifications Summary  Multi‐Swath Pulse Density ≥ 20 pulses/m2  Returns Collected Per Laser Pulse Up to 4  Intensity Range 1‐255  Swath Overlap  30% side‐lap   Accuracy  (1.96 ), slope <20o < 20 cm   Vertical Accuracy (), slope <20o ≤ 5 cm  Horizontal Accuracy () ≤ 30 cm     August 16, 2022 - Page 77 of 159 Vail, Colorado Lidar 5   nominally wider than 100 ft) will be digitized. Water body elevations are computed from the filtered lidar returns, and water’s edge breaklines are then incorporated into the final terrain model and enforced [initial ground classified points (class 2) falling within polygon or polyline breaklines are then re-classified as water (class 9). Absolute accuracy assessments will compare known RTK ground survey points to derived lidar points. Accuracies are described as the mean and standard deviation (RMSE) of divergence from RTK ground survey point coordinates. All accuracy statistics (RMSEz, Accuracyz - 1.96 * RMSE, skewness/ distribution, and percentile deviations) will be reported in the final report. Statements of statistical accuracy will apply to fixed terrestrial surfaces only. 0.5’ ft contours will be generated. Contours are produced by interpolating between the model key points at even elevation increments. Generation of model key points eliminates redundant detail in terrain representation (particularly in areas of low relief) and provides for a more manageable dataset. NV5 Geospatial will also delineate any “low confidence” regions within the project area where ground return densities (i.e. areas of thick vegetation) preclude contours at the specified interval. Index contours will be clearly distinguishable and attributed with elevations in full feet. Contours will be continuous, with no breaks in the areas of dense tree cover or where contours are too close. 4.0 Digital Orthophotography - Optional If required, imagery will be collected with a large format mapping camera with 60% along-track overlap, and 30% sidelap. Flight parameters will be adjusted to collect imagery with a native pixel size (ground sample distance) of 9cm. The resulting data product is geo-rectified 8-bit true color imagery of the study area provided as tiled, color- ortho-mosaic. Spatial accuracies (RMSE) will meet. 18cm RMSE Horizontal accuracy Orthorectification will be accomplished using the LiDAR DEM of the study area. Individual ortho-rectified TIFFs will be mosaicked ensuring that any radiometric differences between images are corrected. Color balancing and detailed mosaic edits will target best visual appearance of the bands. Mosaic lines will be non-apparent by carefully blending and editing seam locations. It should be noted that the proposed imagery can also be used in the future to collect planimetric information for updating the Town’s GIS base mapping. 5.0 Deliverables All specifications and deliverables will be in accordance with the latest USGS Lidar Base Specification (currently Version 2021 Rev. A). These include the following: Point Cloud: Aerial Photography Summary Spectral Bands Red, Green, Blue Pixel Resolution 9cm GSD Horizontal Overlap 60% Side Overlap 30% Delivery Format 8-bit, Tiled Geo-Tiff, ECW August 16, 2022 - Page 78 of 159 Vail, Colorado Lidar 6    All returns, Las 1.4 format Point files will include the following fields: X,Y,Z, Return Intensity, Return Number, Point Classification (ground, default), Scan Angle, GPS Time Surface Models  Bare Earth DEM, 1.5-ft resolution, ESRI Grid format or another requested format Reports.  Survey Report, detailing the collection of control and reference points used for calibration and accuracy assessment  Accuracy Reports, detailing the analysis, accuracy assessment and validation of: o The point data (absolute, within swath, and between swath) o The bare-earth surface (absolute) Vectors  Six inch Contours DWG and/or shapefile format  AOI Boundary, DWG and/or shapefile format  Tile delineation, DWG and/or shapefile format  Control points and check points: All control and check points used to calibrate, control, process, and validate the Lidar point data or any derivative products are to be delivered. Digital Orthophotos - Optional Raster  Orthophoto tiles, 9cm GSD/resolution, GeoTIFF and ECW format Vectors  Survey Boundaries, shapefile format  Orthophoto Index, shapefile format 5.0 Experience/Qualifications With over 2 million square miles of topographic lidar data (≥ 2 pulses/m2 or greater) collected in North America, NV5 Geospatial has a breadth and diversity of lidar acquisition experience for Federal, August 16, 2022 - Page 79 of 159 Vail, Colorado Lidar 7   State/Regional, and Private entities that is unparalleled in the U.S. We have been at the forefront of the collection and processing of high resolution lidar data for over two decades and are intimately familiar and experienced with all possible applications of topographic lidar mapping for any landscape (mountainous, lowland, coastal, urban, remote). Our project experience has varied from small, 100-acre design sites to irregular narrow corridors (river, transportation) to wide-area million-acre multi-jurisdictional counties, watersheds, and forests. Our acquisition best practices result in achieved accuracies that support follow- on analyses, and critical engineering or mitigation decisions made by our clients. We are familiar with collecting lidar during any season and time of day, during a diversity of ground conditions (leaf on/off, tidal) and in coordination with various airspace and flight considerations (metropolitan areas, restricted airspace, remote localities). We regularly provide our expertise and consultation on lidar work orders and tailor the collection technology (sensor, specifications and settings, accuracy, and data resolution requirements) to guarantee meeting specific project objectives appropriate for the characteristics of the study area. An understanding of the application and geographic setting is always our starting point for best determining the equipment and resources that will be required to meet the contract specifications. We have a robust experience portfolio in collecting high resolution data in the West and Alaska, where vegetation is structurally complex, land cover is highly diverse, terrain is most variable, and where elevation updates are often needed most. Colorado Experience NV5 Geospatial has provided high-resolution airborne data (imagery and lidar), geospatial products, and land survey data to clients throughout Colorado. These clients have included the Colorado Water Conservation Board (CWCB), Denver Water, FEMA, USGS, USBR, NOAA, regional airports, utility companies, local governments, and numerous private clients throughout Colorado. Data collection has included over 95,000 square miles of imagery data and over 40,000 square miles of Lidar. Imagery collection (blue); Lidar collection (Red)  August 16, 2022 - Page 80 of 159 Vail, Colorado Lidar 8   WESTERN COLORADO  USGS QL2 High Resolution Lidar     NV5 Geospatial  collected high  resolution lidar  (8 pulses/m2 for  106K acres and 4  pulses/m2 for  1.1M acres) for a  large project  area in western  Colorado  (Gunnison, Delta,  Montrose Counties), to provide multiple stakeholders  with lidar for  risk (flood, landslide) mapping for the region. Data are being used to  inform land managers on terrain features including geophysical  hazards, and to contribute to state‐wide 3DEP coverage. Data and  products exceeded specifications with achieved density of 15 pts/m2  (for QL1 data) and 6 pts/m2 (QL2), relative accuracy (RMSE) of 5.5 cm,  and absolute accuracy (RMSE) of 3.6 cm    COLORADO WATER CONSERVATION BOARD – MULTIPLE  TASK ORDERS  QL2 High Resolution Lidar  NV5 Geospatial held a ,ulti‐year  Master Service Agreement with the  Colorado Water Conservation Board  (CWCB). Projects completed projects  for CWCB include lidar collects for  Gunnison, Montrose and Lake  Counties, CO and Park, Fremont,  Custer Counties   NV5 GEOSPATIAL collected  3,539 mi² of QL2 (>2ppsm)  lidar using our Riegl 1560i  sensor in Gunnison, Montrose  and Lake Counties, CO.  Deliverables provided were  QL2 classified lidar point cloud, DTM, breaklines, swath data and  metadata. These data were also used to support NASA’s Airborne Snow  Observatory (ASO) program. NV5 Geospatial also collected 4,717 mi² of  QL2 (>2ppsm) lidar using our Riegl 1560i sensor in Park, Fremont, Custer Counties, CO. Deliverables provided were  QL2 classified lidar point cloud, DTM, breaklines, swath data and metadata.          Project Specifications  PROJECT SIZE: 1915 Square Miles  CUSTOMER:  US Geological Survey   DELIVERABLES:   All Returns (LAS)   Bare Earth Model (1m ESRI Grid)   Hydroflattened Bare Earth DEM (1  m ESRI GRID)   Highest Hit DSM (1 m ESRI GRID)   Intensity Images (0.5 m GeoTIFF)   1‐ft and 2‐ft Contours (shp)  Image Caption: Lidar derived bare  earth DEM colored by elevation,  Black Canyon of the Gunnison River,  CO.  Project Specifications  PROJECT SIZE: 8,256  CUSTOMER:    Colorado Water  Conservation Board/USGS  DELIVERABLES:   All Returns (LAS)   Bare Earth DEM (3ft IMG)   Highest Hit DSM (3ft IMG)   Intensity Images (1.5ft GeoTIFF)   Waters Edge Breaklines (shp)  Image Caption: Project area maps  CWCB  August 16, 2022 - Page 81 of 159 Vail, Colorado Lidar 9   TAYLOR RIVER, CO  QL1 High Resolution Lidar  NV5 Geospatial  collected high  resolution lidar  along the Taylor  River as part of  USBR’s Dam  Safety Program  to aid in paleo‐ channel  morphology and  flood hydrology  studies, 2D hydraulic modeling, flood risk assessment, and volumetric  analysis along the river southwest of the Taylor Park Dam. Data were  collected at high resolution (8 ppms) and in accordance with FEMA  specifications for accuracy assessment (NVA and VVA checkpoints) with  normalized vegetation height model an additional deliverable of  interest for vegetation assessments. Data and products exceeded  specifications with achieved density of 11 pts/m2, relative accuracy  (RMSE) of 7.4 cm, and absolute accuracy (RMSE) of 2.4 cm      EAST RIVER WATERSHED/WASHINGTON GULCH, CO  USGS v1.2 QL1 High Resolution Lidar    NV5 Geospatial  collected high  resolution lidar  for the East River  Watershed and  Washington  Gulch areas in  west‐central  Colorado near  Crested Butte, in  support of  carbon and nutrient cycling investigations and the development of a  large‐scale hydrological and biochemical model for Lawrence Berkeley  National Laboratory’s (LBNL’s) Climate Change Program.  Data were  collected at QL1 (8 pulses/m2) with hydroflattened bare earth DEM a  focal product. Data and products exceeded specifications with achieved  density of 12 pts/m2, relative accuracy (RMSE) of 5.8 cm, and absolute  accuracy (RMSE) of 2.6 cm.  The LBNL coordinated on a cost share with  the CWCB on overlapping areas with the Western Colorado area of  interest, using savings to increase lidar resolution from QL2 to QL1.        Project Specifications  PROJECT SIZE: 1993 acres; ~10 river  miles  CUSTOMER:   U.S. Bureau of  Reclamation Technical Service  Center (TSC), Denver  DELIVERABLES:   All Returns (LAS)   Bare Earth DEM (3ft IMG)   Highest Hit DEM (3ft IMG)   Normalized Vegetation Height  Model (3ft IMG)   Intensity Images (1.5ft GeoTIFF)   Waters Edge Breaklines (shp)  Image Caption: Lidar‐derived bare  earth DEM colored by elevation,  Taylor River, CO  Project Specifications  PROJECT SIZE: 44,085 acres  CUSTOMER:  Lawrence Berkeley  National Laboratory  DELIVERABLES:   All Returns (LAS)   Bare Earth Model (1/2m ESRI  Grid)   Hydroflattened Bare Earth Model  (1/2m ESRI Grid)   Highest Hit DEM (1/2m  ESRI Grid)   Intensity Images (1/2m  GeoTIFF)   Water’s Edge Breaklines  (shapefile)   Contours (1/2m shapefile)    August 16, 2022 - Page 82 of 159 303.679.8122 | Fax: 303.679.8123 | PO Box 2168 | Evergreen, Colorado 80437 | www.SurveySystemsInc.com CENTER LINE SURVEYING, INC. DBA SURVEY SYSTEMS Date: July 25th, 2022 To: Mr. Jason, Carey, P.E. River Restoration RE: Town of Vail Control Network Dear Mr. Carey, Survey Systems (SSI) is providing this letter in an effort to describe our approach to the project for the control network for the Town of Vail. (TOV). It’s purpose is to describe broadly how we would approach the project to provide a control network for the TOV and incorporate that control for the town to move forward in resolving the issues they are encountering. SSI believes that this project warrants the use of National Geodetic Survey (NGS) Online Positioning User Service (OPUS) “Projects”. By using the OPUS Projects platform it would allow us to utilize their platform for multiple control point observations in a campaign based work flow to observe the network and manage the required accuracies. Our plan is to observe multiple observations over the same points in a “Hub Design” manner that would ensure that we could meet and or exceed the following. ·Planning for the project and submitting the project to the NGS to review and accept as an OPUS Project ·Multiple observations of the same control points in a campaign manner to achieve <= 1.0 CM accuracy and this will be tied to the time observing the points. ·Document all of the control points as required by NGS and analyze the project. ·Upload all of the data to the NGS for the use of the OPUS Projects platform and perform Network adjustments and finalize the results. ·Deliver the results of the project to the TOV and record the Project Control Diagram at the county for all to use. This plan would allow the network to be documented in a manner consistent with the datum modernization efforts of the NGS and allow the control points to be utilized moving forward. We also believe that by utilizing this plan anyone needing access to the control points will have multiple ways of accessing the data and ensure that everyone working within the network will all be utilizing the same control points and reduce the work load of the county to tie all of the work in the TOV to one network. The description of our proposed plan above is broad in scope and does not get into the details of the project so I am available to discuss any details of the plan if you need further clarifications. Regards, Matt Nichols, PLS, CFEDS August 16, 2022 - Page 83 of 159 Date Prepared:7/25/2022 Property Address / Legal Description: Project specifications/scope of work: DISCIPLINE Hourly / Unit Rate Est. Hours / Units TOTAL Pricipal Surveyor PLS $145.00 12 $1,740.00 Expert Witness $225.00 0 $0.00 Project Manager/PC $135.00 24 $3,240.00 Survey Technician/HDS Technician $110.00 24 $2,640.00 AutoCAD Technician $100.00 0 $0.00 Clerical $60.00 2 $120.00 One-Man Crew (OMC)$135.00 100 $13,500.00 Two-Man Crew (TMC)$185.00 0 $0.00 GPS (Additional Receiver)$80.00 6 $480.00 High-Definition Surveying (HDS)$225.00 0 $0.00 Travel Rate (Over 200 Miles)$1.10 0 $0.00 Per Diem (Per Person)$250.00 10 $2,500.00 Printing and Reproduction $20.00 4 $80.00 Information Binder (in lieu of Title)$500.00 0 $0.00 Utility Locates TBD 0 TBD Control Point Monumentation $350.00 12 $4,200.00 Estimate approved by: Print Name (Client)Title Signature Date Gerald Matt Nichols, PLS, CFeds SURVEY SYSTEMS , President Client Billing Address:7/25/2022 This Estimate will expire in 30 days. If accepted, this signed and returned document will be considered a Contract and will expire in one (1) calendar year from date executed. Prices are in accordance with the above rates as noted. This Estimate is for the work as described above only, any additions or changes to the scope of work will require an updated contract and pricing agreement for the additional work. Terms of any existing contract may be extended as needed in such case. Change requests must be recieved in writing. If during the term of this Contract, the client relationship becomes incompatible, Survey Systems reserves the right to terminate said Contract. If Survey Systems wishes to terminate the contract, the Client will be notified in writing and have 5 business days to correct any outstanding issues, or the contract will terminate upon end of business on the 5 th day. Client may terminate this Contract by providing written Notice of Termination to Survey Systems. If Client chooses to terminate the contract, any and all work already completed by Survey Systems to-date will be due within 3 days of written Contract Termination Notice. By signing and executing the above Contract, Client agrees to all terms and conditions as noted. Terms and Conditions *This Contract requires a Retainer of 50% of the above quoted price to be paid in-full to Survey Systems prior to the start of any work. If contract is terminated before completion of the project, any remaining retainer will be returned to Client. Client: Jason Carey - River Restoration $28,500.00 Budgetary Project Estimate/Contract Agreement Vail Control Network set up monumented control network for Town of Vail, updatae NGS control, migrate to 2022 Datums, recover FEMA datum, tie into TOV points TOTAL: SURVEY SYSTEMS | T: 303-679-8122 | F: 303-679-8123 | PO Box 2168 | Evergreen, CO 80439 August 16, 2022 - Page 84 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Contract Award to P hoenix I ndustries LT D for Children's Garden of L earning E ast S lope B AC K G RO UND: The east slope of the Children’s Garden of L earning has historically been an eyesore, and with the completion of the Children’s Garden of L earning there have now been continued erosion issues. Town staff has bid out a slope restoration project that will resolve the erosion and enhance the boulder slope with landscape and irrigation. S TAF F RE C O M M E ND AT IO N: Staff recommends that the Town Council direct the Town Manager to enter into a construction contract with P hoenix I ndustries, LT D in a form approved by the Town A ttorney in an amount not to exceed $161,000.00 AT TAC H ME N TS: Description Memo August 16, 2022 - Page 85 of 159 To: Vail Town Council From: Public Works Department Date: August 16, 2022 Subject: Children’s Garden of Learning East Slope Construction Contract Award I. SUMMARY The east slope of the Children’s Garden of Learning has historically been an eyesore, and with the completion of the Children’s Garden of Learning there have now been continued erosion issues. Town staff has bid out a slope restoration project that will resolve the erosion and enhance the boulder slope with landscape and irrigation. The town received two bids for this work, with the low bid being within budget. Phoenix Industries, LTD $ 160,841.33 Hallmark $ 206,975.06 II. STAFF RECOMMENDATION Staff recommends that the Town Council directs the Town Manager to enter into a construction contract with Phoenix Industries, LTD in a form approved by the Town attorney in an amount not to exceed $161,000. August 16, 2022 - Page 86 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Update on P arking and Mobility Task F orce recommended winter 2022-2023 parking program P RE S E NT E R(S ): Greg Hall, Director of P ublic Works and Transportation AC T IO N RE Q UE S T E D O F C O UNC I L: B AC K G RO UND: The purpose of this item is to provide Town Council with an update on the P arking and Mobility Task F orce (PA MT F) discussions regarding mobility and winter parking, provide recommendations for winter 2022-2023 and request Town Council direction regarding next steps. S TAF F RE C O M M E ND AT IO N: Provide direction to the staff and the PA MT F on the information presented as well as provide feedback on the issues regarding any additional information which would be useful from the Task F orce as the Town Council will be asked to decide on the winter 2022-2023 parking and mobility program in September. AT TAC H ME N TS: Description Staff Memo Agenda binders Powerpoint August 16, 2022 - Page 87 of 159 1 TO: Vail Town Council FROM: Parking and Mobility Task Force Greg Hall, Director of Public Works and Transportation Stephanie Kashiwa, Parking Operations Manger DATE: August 16, 2022 SUBJECT: Update on Parking and Mobility Task Force recommended winter 2022-2023 parking program I. PURPOSE The purpose of this item is to:  Provide Town Council with an update on the Parking and Mobility Task Force (PAMTF) discussions regarding mobility and winter parking  Provide recommendations for winter 2022-2023  Request Town Council direction regarding next steps II. BACKGROUND The Parking & Mobility Task Force or a previous version was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 11-member group is to provide advisory input and recommendations on parking, transit and mobility services and operations. Representatives are as follows:  Representing the retail community – Hilary Magner  Representing the restaurant community -- Mike Dunlap and Brian Butts  Representing the lodging community – Chad Stephens  Representing the community-at-large – Mike Griffin, and Ross Sappenfield  Representing Sustainability Community – Kira Koppel  Representing Vail Resorts – Beth Howard and Jeff Babb  Representing the Vail Town Council - Jonathan Staufer and Jen Mason The Task Force is supported by various departments and agencies to assist with technical expertise. III. TASK FORCE ISSUE DISCUSSIONS The PAMTF convened a total of five times over the summer meeting 5/24, 7/1, 7/14, 7/26, and 8/5. Discussions began with the how the parking experience of last season was perceived. It was August 16, 2022 - Page 88 of 159 2 agreed this is not an experience to be repeated in future years. The task force began with the concept of mobility verses focusing on driving private vehicles which require parking. Focusing on mobility and our future in general, as well as broader goals and Town specific goals and action areas of focus identified by the council of which mobility is a part of. The task force performed a detailed review of parking and transit statistics for Vail and other identified jurisdictions similar to Vail and discussed various management techniques or approaches to address the opportunities, constraints issues and concerns and how mobility should be viewed for not only the upcoming 2022-2023 winter season but also where the town should strive for in the future. (Agendas attached) An overview of some of the discussion topics is presented below: Initial Mobility Discussion and how Mobility relates to each of the Town Council four areas of focus.  Economy  Environment  Experience  Community Discussion regarding a paradigm shift in how Mobility is viewed going forward and some opportunities to think in a bigger context as an overall management strategy  Mobility choices are a part of everyday decisions and the impact on our community from our mobility choices.  Ability to drive new mobility markets and choices  Discuss the future and what opportunities are here and coming, should we lead where we can or slowly roll out change Goals, Policies and Guidelines The topics discussed included reviewing the town’s parking management, goals and objectives (as well as the Town’s Sustainability Goal regarding greenhouse gas reductions. 2021-2022 Winter Season Review The winter of 2021-2022 was a record year over the previous 22 seasons with respect to overflow days on the South Frontage Road  35 overflow days – 2018-2019  25 overflow days – 2019-2020  35 overflow days – 2020-2021  53 overflow days – 2021-2022 15 overflow days – Town Council Goal It was established we would need to reduce demand during the peak hours of the peak days, by 300-400 cars parking to reach the Town’s frontage road goals (less than 5 % of transaction demand). In addition to meet our Greenhouse Gas reduction goal of 25% by 2025 we would need to reduce overall use by up to another 10% of all transactions, not only peak periods. The Town of Vail provides parking for 90% of our demand days and manages the remaining 10% of overflow. Mobility Management Approaches and Techniques to manage mobility choices reviewed  Optimization/utilization/utilization of available parking  Restrictions  Reservations or Caps  Behavior Modification August 16, 2022 - Page 89 of 159 3  Incentives and Disincentives  Dynamic Management  Availability of alternative modes of Mobility over single occupant vehicles  Pricing The Task Force also recognized the need to assess data on user patterns regarding generic user groups around time of use, location, as well as duration to be able to better monitor the results of change and inform future decisions. The work began with review of the overall use data and identified daily data based on demand. An initial philosophy to investigate a pay as you use verses our previous upfront pass system was thought to keep front and center the cost of use and what alternatives should one consider verses signing up for one mode for the entire season. Review of various Recent Survey Results The following were reviewed 2022 Vail Community Survey results, VRI guest experience survey for the last ski season, the TOV 2017 Parking intercept survey conducted by RRC, the Eagle County Climate Action Collaborative Transportation Survey of Spring 2020, the regional transit authority working group employee commuter survey of early winter of 2021 and the I-70 Coalition and CDOT Bustang/Snowstang survey as well as I-70 User Focus Group survey conducted this last winter. Peer Resort Review Pricing and Parking Products The Task Force reviewed peer resort pricing from last winter and found that Vail’s pricing actually lags some of the other resorts. We looked at pricing of the first 0 to 2 hours and for the full day. Vail Free Parking and Outlying Parking The majority of winter parking transactions in Vail’s parking structures are free. Of the 532,000 ticketed transactions occurring during a winter season, 210,088 are for 2 hours or less with 57 % occurring during the paid period and 43 % during the free period after 3 p.m. town has recorded an additional 81,201 of transactions of more than 2 hours which occur during the free after 3 program. Regarding both the close in lots which had restriction on users and the parking in West Vail, it was determined that this inventory of over 400 close in spots 150 were available on almost all of the peak days of the 265 western spaces besides the two largest overflow days they never filled on the other peak or overflow days during last season There is a desire by the Task Force to have these areas utilized more often, thus freeing up spaces in the structures, which, in turn, reduces the number of cars potentially parked on the South Frontage Road during overflow days. CDOT Frontage Road parking The current rules of the frontage road parking leases were discussed, as well as the possibility to have charged parking on the frontage roads. Initial conversations with CDOT would allow this to happen with the Town required to reimburse CDOT revenues in excess of our operating costs. Paid parking would be a tool to change behavior to utilize available parking. Rates and Passes Discussions Rates were reviewed in up to four different demand scenarios along with various mobility pass users offset of the retail rate. The initial 0- 2 hour free period and the free after 3 PM program were discussed and if these should be altered to address issues that were identified. It was discussed if “Free after 3” should be “Arrive after 5” as well as including an evening rate. Lessoning the 0-2 hour period was also reviewed as a step to decrease demand. The discussion revolved around being proactive, seeking an overall approach to the issues and being cognizant to the overwhelming demand that resulted last year and the overarching goals we set for both parking and sustainability. August 16, 2022 - Page 90 of 159 4 The overall framework for the pricing starts with the retail price of the most desirable parking, then setting other areas at a price to encourage demand from the higher priced area to move to the lowest priced area. A desire to fill the least priced areas first and the highest priced areas last based on how the market is priced Charge for overflow parking on all days. It had become common knowledge arriving a little later on our busiest days almost guaranteed free parking and drove additional parking demand. In addition, consider paid evening parking on the frontage road at a rate higher than the structures to discourage users to continue to park out on the road when there is more secure parking available. Paid parking at parks and trailheads to manage these areas for unattended consequences during peak periods Carpool Implementation There was quite a bit of discussion concerning carpools and how carpools are managed. There was a strong desire that carpool incentives are part of the overall solution and be implemented this year. The discussion revolved about some of the logistical issues but at the same time the need to implement during our peak periods. Timing Our ability to move forward with the many areas discussed. The Town of Vail has rolled out a new parking system. Some of the features will allow us to provide some various ways to manage our systems better. However, there is still some significant due diligence and proofing the actual outcome beyond initial discussions with our vendor Comprehensive Communication and Media It is paramount a comprehensive communication, branding and media plan is part of the rollout including:  Information is easy to understand  Translates to all platforms both graphically and text  Print, Web page, mobile devices and easy to connect IP address links for others to use  Initial marketing which includes significant outreach to partners  Ability for users to have information to plan ahead  Ability to receive alerts, notices, provide real time information  Clear and concise messaging at the point of entry and payment  Clear messaging and wayfinding to direct parkers to their best option  Possible one stop app for all mobility needs It is constant communication not only at the beginning but throughout the season and we ask our partners to assist in spreading the message on the changes. In the past we may have only updated our information and communicated it at the beginning of the season. Incentives for Preferred Travel Behavior and other Mobility Enhancements • Discounts for parking at lower demand facilities and on off-peak days • Reduced/Free ECO bus fares on peak days, still researching • Carpool incentives however there is a lack of automated management options • E-bike share access/discounts for next summer, possible winter • Increased TOV bus service on peak days o East Vail increase frequency from 15 minutes to 8-10 minutes daytime o Includes Ford Park as well o West Vail South increase frequency to 15 minutes peak direction daytime o Explore other route peak and evening frequencies including Red Sandstone August 16, 2022 - Page 91 of 159 5 • Convert Town of Vail transit bike racks to carry fat tire bikes • Secure e-bike parking in garages with charging capability • Guaranteed Ride Home programs if a bus rider/carpooler fare to get home covered with receipt limit number by season • Increased Pegasus 7 days a week this winter • Increased Bustang routes to 5 this winter IV. RECOMMENDED WINTER 2022-2023 PARKING PROGRAM The task force recommended a combined management focus on behavior modification to optimize the resources available, and to reduce the demand on parking through dynamic pricing while providing alternative mobility choices for users. The task force felt that the dynamic pricing should look at our peak periods. However, the need to be simple and easily communicated this first year was critical and therefore, even though the data may have suggested up to 4 distinct periods that could be managed differently, it was agreed to have 2 periods this first year. The most important part was to have the days identified upfront and well communicated to allow individuals to plan. In addition, it was important to recognize all users are not the same and have different mobility needs and potential impacts from revised management techniques. The overall parking supply was divided into 5 distinct areas. The Vail Village and Lionshead structures, the close in managed lots of Vail Athletic Field, Ford Park and Red Sandstone School in addition to the Vail Municipal lot which has been available on weekends and holidays. The western parking options of Donovan Park, Frontage Road parking across from the West Vail commercial area and the parking near the Chamonix bus stop west of the Fire Station 3. Frontage overflow parking and finally trailhead and park parking. The town manages all these areas in some fashion. It should be noted that the town sets the parking market, not only for public parking but influences pricing for private parking spaces as well. In addition, the town can influence the market for shuttles, transit as well as private rideshare opportunities. Retail or drive-up rates were established for all of these scenarios. From the retail rates, specific rates were then established for our defined user groups. The rates also maintained some of the features most local’s care about during off peak times, while shifting away from such a strong message of free parking, to a message of emphasizing choices and costs of coming to Vail during peak days by car. Enhancing and providing alternatives to the message of no free parking regarding the general public. The Task Force makes the following recommendations when considering all the variables, policies and dynamics of mobility and the Vail parking program: reducing demand, the desire to encourage transit and carpooling use, discourage driving and have parking policies more aligned with our environmental policies, while recognizing the need to cover costs of increased parking operations and transit services and providing other enhancements. and continued Travel Demand Management messages and programs, while considering the impact on our economic drivers In reviewing various rate structures as they related to the upcoming ski season, colors were used to distinguish between the different severity of the day, similar to the Fire Danger rating scale for forests. Red days were the peak and green days are the non-peak days once we settled on two rates. August 16, 2022 - Page 92 of 159 6 Recommended Retail Rate Structures: Vail Village and Lionshead  RED  Retail  Green      Retail  Day rate 0‐30 min 0 0   30 min ‐1hr 5 2   1hr‐2hr 10 5   2hr‐3hr 20 10   3hr‐4hr 30 20   4hr‐5hr 40 30            Evening 0‐3hr 0 0   3hr ‐ 5hr 5 2   5 hr ‐10 hr 10 5            Overnight 4 AM ‐5 AM 60 50       Recommended Retail Rate Close in Lots: Red Sandstone Ford  Soccer Municipal   RED  Retail  Green      Retail  Day rate 0‐1hr 0 0   1hr‐12hr 20 10          Evening 0‐3hr 0 0   3hr ‐ 10hr 5 0          Overnight  4 AM ‐5  AM N/A N/A  RSS  Overnight  4 AM ‐5  AM 35 25  Recommended Retail Rate Western Areas: Donovan, Safeway, West  Vail  RED  Retail  Green      Retail  Day rate 0‐2hr 0 0   2hr‐12hr 15 5          Evening 0‐10hr 0 0          August 16, 2022 - Page 93 of 159 7 Overnight  N/A N/A  RV  Overnight  4 AM ‐5  AM 25 25  Recommended Retail Rate Frontage Road Overflow: Frontage Road Overflow  RED  Retail  Green      Retail  Day rate 0‐1 hr  0 0   1hr‐2hr 10 10   2hr‐12hr 20 20          Evening 0‐3 hr 10 10   3hr ‐ 5hr 20 20          Overnight  N/A N/A  Recommended Retail Rate Trailheads and Parks: Trailheads Parks  RED  Retail  Green      Retail  Day rate 0‐3hr  0 0  3hr‐12hr 10 5        Overnight  N/A N/A  Current 0 to 30 0 30 to 1 0 1 to 1.5 0 1.5 to 2 0 2 to 3 $10 3 to4 $20 4 to 15 $30 Overnight $50 Recommended Parking Pass Prices Mobility Passes Existing Proposed Premium $3300 $4125 Business Premium $2000 $2750 Employee $350 $500 Local $25 $50 Eagle County $25 $50 Colorado N/A $10 Passes are important to allow additional flexibility in rates and programs and target key stakeholders. Additional detail is provided in the PowerPoint presentation. It is in the Town’s best interest to have a significant number of pass holders as users of our system. August 16, 2022 - Page 94 of 159 8 IV. RECOMMENDED NEXT STEPS It is recognized we have discussed many changes that could be implemented. Some will require a much deeper dive and actual demonstration beyond a reasonable doubt the concepts as initially discussed with our technology providers can be successfully implemented. In addition to that, even though we had representation of the various users, and demographics of those users, the public has not weighted in yet and we expect to go seek out input on the recommendations that have been discussed by the Vail Parking and Mobility Task Force. In addition, there are costs as well as resources and actual execution of improvements which need to be completed prior to the start of the season. Our ability and limitations of which plan and program components that we are able to execute this year and which we are not able to successfully demonstrate we will be able to carry out as planned needs to be fully pursued and finalized. All of above will be taken into account as we review all the input, logistics, and execution to ensure success in the final programs offered. Staff will provide cost and budget projections on the final recommended plan. If there are items the council would like included, please provide those items and staff can work on bringing back the necessary information. The task force will convene at least once more prior to returning to the council at its September evening meeting regarding a final program for this year. . VI. ACTION REQUESTED Provide direction to the staff and the PAMTF on the information presented as well as provide feedback on the issues regarding any additional information which would be useful from the Task Force as the Town Council will be asked to decide on the winter 2022-2023 parking and mobility program in September. VII. STAFF RECOMMENDATION Staff recommends the Town Council provide input, direction and issues the council would like the Parking and Mobility Task Force to address in order to make a final recommendation to the Vail Town Council to adopt at a regular evening meeting in September for the upcoming winter 2022- 2023 ski season. VII. ATTACHMENTS Task Force Agendas PowerPoint Presentation August 16, 2022 - Page 95 of 159 Agenda Parking and Mobility Task Force May 24, 2022 1:00 PM – 2:30 PM Vail Town Council Chambers Call to Order Welcome Introductions Background Parking Goals Environmental Sustainability Plan Update  Transportation Goal Review of Parking Policies, Objectives and Guidelines Parking and Mobility Discussion Brief Review Summer 2021 statistics Brief Review Winter 2021-2022 statistics New parking Equipment Installation Summer 2022 Operations Other items regarding Mobility Public Comment Next Meeting Adjournment August 16, 2022 - Page 96 of 159 Agenda Parking and Mobility Task Force July 1, 2022 8:30 AM – 10:00 AM Vail Town Council Chambers Call to Order Introductions Further Detailed Review Winter 2021-2022 statistics Parking and Mobility Goals, Outcomes 2022-2023 Discussion Various approaches and management techniques to manage mobility choices to reach goals Pricing Discussion Next Meeting Review how more preferred management techniques may be implemented Discuss Sample Rate Structures User issues and concerns Preferred method to further research and refine Set Meeting Date for End of July Public Comment Next Meeting July 14 9:00 - 10:30 Adjournment August 16, 2022 - Page 97 of 159 Agenda Parking and Mobility Task Force July 14, 2022 9:00 AM – 10:30 AM Community Room Vail Public Library Call to Order Introductions Capacity utilization for last year Report on CDOT Discussion on Frontage Road Parking Discuss the Various approaches and management techniques to manage mobility choices to reach goals Preferred Management Method for upcoming season Further Discussion of Free Periods Free Parking Preferences Discuss potential retail pricing of the Preferred Method For Whom, When and Where should there be any parking discounts Next Meeting Items Set Meeting Date for End of July Public Comment Adjournment August 16, 2022 - Page 98 of 159 Agenda Parking and Mobility Task Force July 26, 2022 8:30 AM – 10:30 AM Vail Town Council Chambers Call to Order Optimization/Behavior Modification Dynamic Pricing and Incentive Strategy Summary Parking Rates Structures in Similar Communities Sample Rate Structures Review (Locations & User Groups) Rationale for Creating a Large Base of Pass Holders 21-22 Usage Patterns Rate Discussion Incentives for Preferred Travel Behavior Public Comment Next Meeting Friday August 5 8:30-10:30 Adjournment   August 16, 2022 - Page 99 of 159 Parking and Mobility Task Force August 5, 2022 8:30 AM – 10:30 AM Vail Library Community Room Call to Order Optimization/Behavior Modification Dynamic Pricing and Incentive Strategy Summary Parking Calendar Parking Rates Structures Rate Structures Review (Locations & User Groups) 21-22 Usage Patterns Pass Rate Discussion Carpool Ideas Free and Evening Period Next Steps Public Comment Next Meeting TBD Adjournment  August 16, 2022 - Page 100 of 159 Vail Town Council MeetingWinter 2022 -2023 Parking and Mobility Recommendations | Parking and Mobility Task Force August 16.2022August 16, 2022 - Page 101 of 159 2Parking and Mobility | July 26, 2022Town of Vail | Pub Works/Trans |7/26/202221‐22 Usage Patterns (Fill Days+ Close Days)SuMo Tu We Th FrSa1234567 8 9 1011121314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30SuMo Tu We Th FrSa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31SuMo Tu We Th FrSa123456789 10111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31November 2021December 2021January 2022SuMo Tu We Th FrSa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28SuMo Tu We Th FrSa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31SuMo Tu We Th FrSa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 301Road overflowVV filledClose overflowVV nearly FilledApril 2022February 2022March 2022August 16, 2022 - Page 102 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022The Town of Vail has chosen not to provide a supply of parking spaces for every day. In a 150 day or as this year a 171 day ski season we strive for managing the parking so we supply parking for 90% of the time. In the past all but 15 days.August 16, 2022 - Page 103 of 159 2Parking and Mobility |May 25, 2022Town of Vail | Pub Works/Trans |5/24/2022Climate Action Plan for Eagle County also adopted by Town of Vail Overarching goals: 25% reduction in GHG emissions by 2025 from 2014 baseline 50% by 203080% by 2050 2009 Town of Vail Sustainability PlanTransportation Goal•decrease per capita Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020August 16, 2022 - Page 104 of 159 2Town of Vail | Pub Works/Trans |5/24/2022Parking Plan Policy ObjectivesService Core Markets •Recreational and Cultural Visitors,•Village Business patrons,•EmployeesManage the YieldSimplify the ProductDesign Products so we are Revenue NeutralIncrease SafetyParking and Mobility | May 25, 2022August 16, 2022 - Page 105 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Optimization Strategy SummaryDynamic Pricing‐> Optimizes Utilization of Existing Parking Capacity and Reduces Parking Demand Remove Barriers to Alternative Modes‐> Increases Utilization of Alternative Modes and Reduces Parking DemandAugust 16, 2022 - Page 106 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Parking Calendars (2 Category)SuMo Tu We Th FrSa1234567891011121314 15 16 17 18192021 22 232425262728 29 30SuMo Tu We Th FrSa123456789101112 13 14 15 16171819 20 21 22 23242526 27 28 29 3031SuMo Tu We Th FrSa123456789 101112131415 1617 18 19 20212223 24 25 26 27282930 31November 2022December 2022January 2023SuMo Tu We Th FrSa12345678910111213 14 15 16 171819 2021 22 23 24252627 28SuMo Tu We Th FrSa12345678910111213 14 15 16 17181920 21 22 23 24252627 28 29 30 31SuMo Tu We Th FrSa12345678910 11 12 13 14151617 18 19 20 21222324 25 26 27 282930April 2023February 2023March 202350 Peak Days 114 Non PeakAugust 16, 2022 - Page 107 of 159 2Parking and Mobility | July 26, 2022Town of Vail | Pub Works/Trans |7/26/2022Segmented User Groups•Employee‐Defined same as today (Employed within Village Core Map)•Vail local‐Defined same as today•Eagle County local‐Defined same as today•Colorado local‐Must provide proof of residency in ColoradoAugust 16, 2022 - Page 108 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Potential Daily Rates Vail Village/LionsheadRED RetailRed EmployeeRed LocalRed Eagle CountyRed ColoradoGreen RetailGreen EmployeeGreen LocalGreen Eagle CountyGreen ColoradoDay rate 0‐30 min0 00000 0 00030 min ‐1hr5 55552 0 0001hr‐2hr1010 101010 5 0 0 0 02hr‐3hr2020 20202010 5 5 5 103hr‐4hr303025303020 10 1015204hr‐12hr402535404030 15 152025Arrrive after 50‐3hr0 00000 0 0003hr ‐ 5hr5 00005 0 0005 hr ‐10 hr100555100 055Overnight 4 AM ‐5 AM 60 60 60 60 60 50 50 50 50 50Vail Village and LionsheadAugust 16, 2022 - Page 109 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Potential Daily Rates Close in LotsRED RetailRed EmployeeRed LocalRed Eagle CountyRed ColoradoGreen RetailGreen EmployeeGreen LocalGreen Eagle CountyGreen ColoradoDay rate 0‐1 hr 0 0 0 Limited Limited 0 0 0 0 01hr‐12hr 20 0 10 Limited Limited 10 0 5 5 10Evening 0‐3hr000000 0 0003hr ‐ 10hr 10 0 0 10 10 0 0 0 0 0Overnight 4 AM ‐5 AM N/A N/A N/A N/A N/A N/A N/A N/A N/A N/ARSS ovenight 4 AM ‐5 AM 35 35 35 35 35 25 25 25 25 25Potential Carpool Lots 8AM‐11AM 4 or more Free on Peak Days Need to woik detailsRed Sandstone Ford Soccer Municipal August 16, 2022 - Page 110 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Potential Daily Rates Western LotsMay be Phased inRED RetailRed EmployeeRed LocalRed Eagle CountyRed ColoradoGreen RetailGreen EmployeeGreen LocalGreen Eagle CountyGreen ColoradoDay rate 0‐2 hr 0 00000 0 0002hr‐12hr*1005101050005Evening 0‐10hr0 00000 0 000Overnight N/A N/A N/A N/A N/A N/A N/A N/A N/A N/ARV Overnight WV 35 35 35 35 35 35 35 35 35 35*Donovan would be limited to end two hours before an event. Also another potential carpool lotDonnovan, Safeway, West VailAugust 16, 2022 - Page 111 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Potential Daily Rates Frontage Road OverflowHigher priority than Western areas but harder to implementRED RetailRed EmployeeRed LocalRed Eagle CountyRed ColoradoGreen RetailGreen EmployeeGreen LocalGreen Eagle CountyGreen ColoradoDay rate 0min ‐1hr 0 0 0 0 0 0 0 0 0 01hr‐2hr10 0 10101010 0 0 0 102hr‐8hr20 0 20202020 0 1515200‐3hr10 0 10101010 0 0 0 10Evening 3hr ‐ 6hr20 0 20202020 0 151520Overnight N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AFrontage Road OverflowAugust 16, 2022 - Page 112 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Potential Daily Rates Trails and Park LotsGoal to keep from being uncontrolled on peak daysTrailheads ParksRED RetailRed EmployeeRed LocalRed Eagle CountyRed ColoradoGreen RetailGreen EmployeeGreen LocalGreen Eagle CountyGreen ColoradoDay rate 0‐3 hr 0 00000 0 0003hr‐12hr 10 0 5 10 10 5 0 0 0 0Evening 0‐3hr0 00000 0 0003hr ‐ 6hr0 00000 0 000Overnight N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AAugust 16, 2022 - Page 113 of 159 2Parking and Mobility | August 5, 2022Town of Vail | Pub Works/Trans |8/5/2022Rate Discussion OutcomePotential Number of Rates/Season   Recommendation 2Preferred Retail Day Rates Vail Village and Lionshead$40 Peak and $30 non Peak0 to 2 hour period  Recommended 0‐30 min with  pass holder discounts on all but peak days for 2 hours free      Potential Evening Rate    Two Points if change entry time and if a modest evening rate with free for most on all but peak daysRates for other Locations Recommend charge for all locations on peak days. There is no free parking in Vail on peak days except for carpol, Free or modest rate for most identified user groups but peak daysDiscounts for user groups and Employee concernEmpolyee pass $500Frontage Road Overflow  Recommend charge and also an evening charge Simple Calendar Days or More Strategic Days    Simple Calendar Days 50 Peak DaysAugust 16, 2022 - Page 114 of 159 2Parking and Mobility | July 26, 2022Town of Vail | Pub Works/Trans |7/26/2022Premium Pass(old Gold)Rule of thumb was 75% of retail last time raised retail was 150 days at $30 or $4500. $3300 Our new retail rate is $5500 so this should be $ 4125. Premium Business Pass(old Silver)Rule of thumb was 50% of retail last time raised retail was 150 days at $30 or $4500.  $2000 was not raised all the way. Our new retail rate is $5500 so this should be $ $2750August 16, 2022 - Page 115 of 159 2Parking and Mobility | July 26, 2022Town of Vail | Pub Works/Trans |7/26/2022$50 Fee Vail Local Eagle County Old Non‐Peak and Peak $15     $24 $18 $26New Non‐Peak and Peak $15     $35 $15 $40Colorado Pass would be a nominal fee as the benefits are mostly just $5 off on non‐peak days will be implanted when we are ready with after first phase implementationEmployee pass was first discussed as a low initial fee and then pay for use daily rates in the different locations. Further discussion resulted in first a larger lump sum entry fee for the outlying lots with a possible pay for use on peak days, the final recommendation came down to an increased lump sum of $500 for unlimited use of outlying lots and discounted rates in the other locations.August 16, 2022 - Page 116 of 159 2Parking and Mobility | July 26 , 2022Town of Vail | Pub Works/Trans |7/26/2022Carpool Program We have looked at if one of the close in lots were managed as a carpool lot from 8AM‐11Am on peak days and some additional Saturdays. This would either be Ford Park, one level of Red Sandstone or the Municipal Lot. If an employee came in with two adults no peak charge would take place. If local or Eagle County came in with 4 or more then $ 10 off FREE . Determining if this is possible to manage with a part time employee or volunteers. May Incentivize also on number of times carpooled for additional prize or recognitionCarpool Program Support and Incentives Ride Matching ServicesCost Sharing Payment Options Park n Ride either formal or informalGuaranteed Ride Home programsAdditional Incentives, Prizes, Value adds, premium space locationsAugust 16, 2022 - Page 117 of 159 2Parking and Mobility | July 26 , 2022Town of Vail | Pub Works/Trans |7/26/2022Town Council Plan Next StepsGo on a public road show VEAC, VLMDAC, VCBA, and other groups gather feedback, employee groups etc.Flush out our technology issues, test parameters, adjust if needed Determine Feasibility of execution, timing, resources, availability of services, etc.Task Force will reconvene to tweak the plan and rates based on all ofthe aboveTown Council Final Recommended  Plan  9/16Begin Market, Communications roll out October 1 and throughout the seasonFinalize preparations in the field for winter operationsPass sales begin In OctoberPaid Parking begins 11/11August 16, 2022 - Page 118 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance 15, S eries of 2022, second reading A mending Title 7 of the Vail Town Code by the A ddition of New Regulations for P edestrian Mall Areas in the Town P RE S E NT E R(S ): Commander Ryan K enney, Vail Police AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance 15, Series of 2022. B AC K G RO UND: The Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and L ionshead; as well as reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; provide a higher-quality experience for all businesses and customers located in the Village Core; and the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance 15, S eries of 2022. AT TAC H ME N TS: Description Memo Ordinance 15, Series of 2022 Presentation Vail Village Core Map PedestrainMalls_Village PedestrainMalls_L H Village Proposed changes Lionshead Proposed changes Loading Dock Approval Application Draft August 16, 2022 - Page 119 of 159 TO: Town Council FROM: Ryan Kenney, Police Commander DATE: July 28, 2022 SUBJECT: E- Delivery Program Full Implementation I. SUMMARY The purpose of this memorandum is to codify the Town’s E-Vail Courier delivery pilot program and transition its full implementation, as recommended by the Loading and Delivery Work Group. This includes its funding, and updates to regulations related to dismount zones and the pedestrian mall. II. BACKGROUND At the direction of Town Council, a Loading and Delivery Work Group was created in 2019. It includes the following members and departments: Town Manager, Deputy Town Manager, Town Clerk, Police, Fire, Finance, Public Works, Environmental, Transportation, Communications, Community Development, and Vail Resorts. It launched the E-Vail Courier delivery pilot program that has been in operation since November of 2021. The program is now operating with 1 dockmaster, 4 delivery drivers and 2 low speed electric vehicles (LSEV’s). The program is servicing 40 businesses which is a total of 18 trucks. The program has expanded to include deliveries to businesses on E. Meadow Dr. including La Bottega and La Nonna. Christmas week had the highest volume of goods when the program delivered 26,000 pounds of goods and 90 kegs in one day. Currently the program is averaging between 30,000 and 40,000 pounds a day with busy days topping 60,000. On Thursdays alone, the program delivers 20,000 pounds of kegs into the village. The pounds of goods translate into $30,000 to $50,000 worth of products with heavy days topping $70,000. The staffing and infrastructure have proven sufficient to handle the current volume. The E-delivery pilot program will end September 30th. With the data that has been collected and the success of the current operational plan, the Work Group feels confident that the full implementation of the pilot program will become a permanent success. Based on the current volume of goods coming into the Village, a budget of $1.3 million per year is projected for full implementation. The budget includes additional manpower and infrastructure to process all deliveries to Vail Village. August 16, 2022 - Page 120 of 159 Town of Vail Page 2 III. FUNDING The annual budget includes start-up capital expenditures of $100K for the purchase of equipment needed to expand the program to cover Vail Village. Removing those expenses along with expenses tied to infrastructure, bring an annual operational budget closer to $1.2 million per year. To fund full implementation, the Work Group suggests the following funding: 1. Loading Dock Fee A proposed loading dock fee would be charged for delivery businesses that will access any loading dock in the Village or Lionshead. The loading dock fee would be charged on an annual basis through a permit process managed by the police department. The proposed fee is a tiered system based on several factors such as number of delivery days/week, number of delivery locations in Lionshead/Vail Village, time for delivery (at the dock), and size (per axle) of truck. The tier system ensures that businesses would not be overburdened, and the dock permit fees are representative of the business. Assigning each tier would be based on the following point system: • Number of days per week: 1 day = 1 point, 2 - 3 days = 2 points, and 3 or more days = 3 points. • Number of delivery locations: 0 - 12 = 1 point, and 12+ = 2 points • Amount of time spent making deliveries (at the dock): 0 - 1/2 hour = 1 point, and 1/2 hour or longer = 2 points. • Size of trucks (per axel): Van = 1 point, less than 3 axles = 2 points, and 3 or more axles = 3 points. Points earned Tier Annual Fee 10 or greater 1 $27,000 ($2,250/mo) 8-9 2 $18,000 ($1,500/mo) 6-7 3 $12,000 ($1,000/mo) Less than 6 4 $3,000 ($250/mo) Businesses wanting a dock permit would fill out an application determining the tier each business is in. The information would be verified by the police department and the Town- approved contractor or sent back to the business for more information. When the application is approved, the Town would send the business an invoice that can be paid directly to the Finance Department. As proposed, the above fee schedule is estimated to generate approximately $600,000/year. August 16, 2022 - Page 121 of 159 Town of Vail Page 3 2. Town Subsidy In addition to the $100,000 start-up capital needs, the Town would also subsidize annual operations by approximately $600,000 from the General Fund. This is in addition to the town’s investment of $620,000 to cover the full cost of the 12-month pilot program. IV. LOAD AND DELIVERY CHANGES 1. Vail Town Code Amendments The Work Group prepared updates to the Vail Town Code to amend Title 7, Chapter 4, and create new Chapters 11 and 12. The changes are summarized below. • 7-4-4, prohibits EPAMDs (Electronic Personal Assistive Mobility Device) from certain areas. • 7-11, codifies the Pedestrian Mall Act including defining the pedestrian malls and outlining exceptions to vehicular traffic. • 7-12, codifies loading and delivery maps, operation, and funding of last mile delivery. This includes permitting of delivery companies and implementation of loading dock permit fee as well as an annual loading and delivery fee from businesses. 2. Maps The load and delivery maps have been changed to reflect proposed changes to the regulations identified by the Work Group. The changes are listed below. • A vehicle direction of travel has been established. • Additional parking for service vehicles has been identified. • High volume commercial carrier zones are defined. • No delivery vehicle access on Bridge St. • Business owners or employees will have close-in vehicle access to designated areas from 09:00AM to 11:00AM when actively loading or unloading. • Ski/snowboard tuning will have access twice daily 05:00AM to 8:00AM and again from 5:00PM to 6:00PM. V. ACTION REQUESTED OF COUNCIL The Loading and Delivery Work Group is asking Council to approve the budget, ordinance and maps for full implementation in October. August 16, 2022 - Page 122 of 159 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX ORDINANCE NO. 15 SERIES 2022 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF NEW REGULATIONS FOR PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; WHEREAS, the Town desires to reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; WHEREAS, the Town wishes to provide a higher-quality experience for all businesses and customers located in the Village Core; and WHEREAS, the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-4(C) of the Vail Town Code is hereby amended as follows: 7-4-4: EPAMDS: * * * C.Prohibited Areas: EPAMDs are prohibited in or on the following: 1.Vail Nature Center; 2.Betty Ford Alpine Garden; 3.Village Streamwalk; 4.Children's playgrounds; 5.Turf areas or soft-surface trails; 6.Natural/unimproved areas; and 7.Streets and highways that are parts of the State highway system.; 8.Bridge Street; and 9.Gore Creek Drive. August 16, 2022 - Page 123 of 159 2 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Section 2. Ordinance No. 14, Series 1978, is hereby repealed in its entirety. Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 11, to read as follows: CHAPTER 11 VEHICULAR TRAFFIC IN PEDESTRIAN MALL AREAS 7-11-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic in pedestrian mall areas, improve the guest experience, and reduce environmental impacts caused by vehicular traffic in pedestrian mall areas. 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall on the Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map, both on file with the Town Clerk. 7-11-3: VEHICULAR TRAFFIC: A.Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B.All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map, both on file with the Town Clerk. 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A.Public transportation vehicles operated by the Town; B.Emergency vehicles; C.Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E.Armored money vehicles; F.Waste and recycling collection vehicles; G.Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H.Property owners and their guests actively loading or unloading when there is no other means of vehicular access; I.Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and August 16, 2022 - Page 124 of 159 3 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX J.High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 4. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 12 to read as follows: CHAPTER 12 LOADING AND DELIVERY IN PEDESTRIAN MALL AREAS 7-12-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for a coordinated process for the delivery of goods in pedestrian mall areas. 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that, on more than five (5) days per week, delivers a high volume and variety of commercial goods, excluding food and beverage, to multiple recipients in the Town. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core on the Village Core Map, on file with the Town Clerk 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1.A Town-approved contractor; 2.A high-volume commercial carrier; or 3.Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. August 16, 2022 - Page 125 of 159 4 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX 7-12-4: SELECTION OF TOWN-APPROVED CONTRACTORS: The Town shall select one or more Town-approved contractors following advertisement and a request for proposals. In the selection process, the Town Council shall consider cost, responsibility, professionalism, prior experience and any other factors deemed relevant by the Town Council. The selection of a Town-approved contractor shall be memorialized in a written agreement in a form approved by the Town. 7-12-5: LOADING DOCK PERMIT REQUIRED: A. Any person or business delivering commercial goods to a loading dock serving a pedestrian mall area shall obtain a loading dock permit from the Town. B.An application for a loading dock permit shall be submitted to the Vail Police Department, on forms provided by the Vail Police Department. Permits shall only be issued upon receipt of payment of the applicable permit fee as established by this Chapter. Permit fees are calculated on an annual basis beginning in October of each year and shall be prorated on a monthly basis. C.The Vail Police Department shall issue a loading dock permit if the application meets all of the requirements of this Code and other applicable law. D.Issuance of a loading dock permit authorizes a Town-approved contractor to deliver the permittee's commercial goods from the applicable loading dock to the designated delivery location. 7-12-6: LOADING DOCK PERMIT FEE: A.The applicable permit fee shall be calculated based on peak season intensity, when deliveries are generally at their highest frequency for the particular business. Each application for a permit shall include the applicant's truthful and accurate estimate of peak season intensity. At any time, should the Town determine that the estimate contained in the application is inaccurate, the Town reserves the right to adjust the permit fee accordingly. B.The Town shall use the estimate to calculate the total number of points assessed to the applicant, as follows: Activity Intensity Points Assessed Total number of delivery days per week 1 day 1 2 – 3 days 2 More than 3 days 3 Total number of delivery locations within the pedestrian mall area per week 1 – 12 locations 1 More than 12 locations 2 Less than 30 minutes 1 August 16, 2022 - Page 126 of 159 5 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Total time using loading docks per week 30 minutes or more 2 Type of delivery vehicle(s) Van 1 Truck with less than 3 axles 2 Truck with 3 or more axles 3 C.The total points assessed per person or entity shall be the basis for the calculation of the permit fee, as follows: Tier Points Assessed Monthly Permit Fee 1 Less than 6 $250 2 6-7 $1,000 3 8-9 $1,500 4 10 or more $2,250 7-12-7: VIOLATION; PENALTY: A.Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. B.Civil Enforcement: 1.If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. 2.Civil violations shall be subject to the following fines and penalties: First violation in any twelve (12) month period: $500 Second violation in any twelve (12) month period: $1,500 Third and subsequent violations in any twelve (12) month period: $2,500 3.All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. 4.If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. D.Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. August 16, 2022 - Page 127 of 159 6 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX E.Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2022 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 16, 2022 - Page 128 of 159 7 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of August, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 16, 2022 - Page 129 of 159 PRESENTATION BY Ryan Kenney VAIL VILLAGE LOADING AND DELIVERY UPDATE August 16, 2022 - Page 130 of 159 CHANGES TO MAPS Town of Vail | Loading & Delivery Update | vailgov.com •The maps were removed from the ordinance and will be kept on file with the Town Clerk. •The boundary maps for the Pedestrian Mall Area (PMA) and Village Core remain unchanged. August 16, 2022 - Page 131 of 159 VILLAGE PMA MAP Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 132 of 159 LIONSHEAD PMA MAP Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 133 of 159 VILLAGE CORE MAP Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 134 of 159 CHANGES TO MAPS Town of Vail | Loading & Delivery Update | vailgov.com •The Village Loading and Delivery map has the following changes; •Close in, on street parking is available from 9:00 to 11:00AM each day for local business owners and their employees. •Ski tuning was changed to 5:00 to 8:00AM along with 5:00 to 6:00PM each day. •E-Vail courier was changed to Town Approved Contractor. •Courier Zone was changed to High Volume Commercial Carrier (HVCC) Zone. •Original information section was added back to the left side of the map. •Lionshead Loading and Delivery map original information section was added back to the left side of the map. August 16, 2022 - Page 135 of 159 VILLAGE L&D MAP Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 136 of 159 LIONSHEAD L&D MAP Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 137 of 159 CHANGES TO ORDINANCE Town of Vail | Loading & Delivery Update | vailgov.com •The definition of High Volume Commercial Carrier (HVCC) changed to add “and a variety of commercial goods”. •The Load and Delivery billing section was removed. •The words “and subsequent violations” were added to the penalty section to cover any violations after a third violation. August 16, 2022 - Page 138 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com •Fed Ex, UPS, DHL and USPS (High Volume Commercial Carriers) are exempted from this ordinance/program and will continue to delivery to the Village and Lionshead as they have for years. August 16, 2022 - Page 139 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com •Trach and recycling collection will not be affected by this ordinance/program. August 16, 2022 - Page 140 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com •Cold storage of delivered goods. •We have spoken to Eagle County Health Department. •Primary concern is that perishable food is delivered at a temperature below 45 degrees. •Goods are delivered as soon as they come off the truck. •Food and beverage cannot be left outside. •Bailment agreement in place to address any spoiled goods. •Large cold storage is being ordered. •Vast improvement over current delivery system. August 16, 2022 - Page 141 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 142 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com •Loading Dock fee calculation; •Most vendors are in Vail 5/6 days a week (most tier 4 are 6 days) •Average time savings according to our data is a minimum of 4 hours per day for a tier 4 vendor •Minimum driver pay is $25 per hour •$100 per day, $600 per week, $2,580 per month and $30,960 per year for a tier 4 vendor. •Remaining tiers were adjusted based on these figures •We have spoken to a vendor in each tier. Each vendor said they will have no additional expense or a small profit •Based on that information, additional charges passed on to businesses are unlikely August 16, 2022 - Page 143 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com •Why are we doing this? August 16, 2022 - Page 144 of 159 Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 145 of 159 Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 146 of 159 Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 147 of 159 Town of Vail | Loading & Delivery Update | vailgov.com August 16, 2022 - Page 148 of 159 ADDRESSING CONCERNS Town of Vail | Loading & Delivery Update | vailgov.com The concept for E-Vail Courier has its roots in a Town of Vail planning document dated August 1973. Excerpts from The Vail Plan identify the ongoing problem and a revolutionary solution for its time: “The obvious problem as one attempts to walk within the town is, with the exception of a portion of Bridge Street in the Village and the plaza area of Lionshead, that it is literally impossible to walk without conflict with moving autos, parked autos, or unloading trucks… “Service trucks entering into pedestrian areas to deliver materials to stores and restaurants is not a desirable process for the pedestrian areas will suffer in quality by the presence of large trucks. It is recommended that a fleet of small electric vehicles be used as the eventual replacement for the trucks.” --The Vail Plan, 1973 August 16, 2022 - Page 149 of 159 Thank you August 16, 2022 - Page 150 of 159 WFOREST RD VAIL RDE FOREST RDBEAVERDAMRDWMEADOWDR E MEADOW DR SPRADDLE CREEK RD VA ILLN BEAVER DAM RD RIVA GLEN PO TAT O PAT C H D R CHALET RDW LIONSHEAD CIRI 70 ON-RAMP (WESTBOUND) M IL L CREEKCIRHANSONRANCHRDI 70 ON-RAMP (EASTBOUND) S A N D Y L N I 70 OFF-RAMP I 70 OFF-RAMP GORE CR E EKDRROCKLEDGE RD W I L L O W RD WILLOWBRI DGERDWIL L OWPLBEAVERDAMCIR WALL STVILLAGE CENTER RDR E DSANDST O N ECIR LION SH E AD MA LL S P R U C ECT SPRADDLECREEKRD VAIL VA LLEYDRFORESTRD VAIL VALLEYDRE L IO N S H E A D C IR BRIDGESTE M EADOW DRLIONSHEADPL W LION S H E A D C IR W MEADOWDR G O R E C R E E K D R BRI DGE STGORE CREEK DR (E) B L U E C O W C H U T E S FRONTAGE RD E S FRONTAGE RD WSFRONTAGERDWN FRONTAGE RD WLionshead V a i l V i l l a g e I Subject Property 0 1,000 2,000500Feet V i l l a g e C o r e M a pVillage C o r e M a p This map was crea te d b y th e Town of Vail GIS Team. Use of this map should be for general purposes only.The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 13, 2022August 16, 2022 - Page 151 of 159 VAILRD E M EADOWDR VAILLN GORE CREEKDR EFORESTRD BRIDGESTS FRONTAGE RD E WILLOWRD I 70 Eastbound WI LLOWBRI DGERDM IL L C R E E K C IR HANSONRANCHRD WMEADOW D R BEAVERDAMRD W IL L OWPL WALL STV A IL V A L L E Y D R I 70 Westbound VILLAGE CENTER RDV A ILRDI Subject Property 0 100 20050Feet P e d e s t r i a n M a l l - V a i l V i l l a g ePedestrian M a l l - V a i l V i l l a g e This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 12, 2022August 16, 2022 - Page 152 of 159 L I O NS HEADMALLS F R O N T A G E R D W W L IO N S H E A D CIRE L IO N S H E A D C I RI 7 0 E a s tb o u n d LIONSHEAD PLI 70 W estb o u n dI Subject Property 0 100 20050Feet P e d e s t r i a n M a l l - L i o n s h e a dPedestrian M a l l - L i o n s h e a d This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 12, 2022August 16, 2022 - Page 153 of 159 VA I L V I L L A G ELOADING & D E L I V E R Y Village ParkingStructure CHECKPOINTCHARLIE !e MOUNTAIN PLAZALOADING DOCK4 a.m. to 10 p.m., daily TUNNEL ACCESS TOMOUNTAIN PLAZALOADING DOCK Loading DockStatus Message Board S F R O N T A G E RD W ToMOUNTAINPLAZAandCHECKPOINTCHARLIEkElevator MountainPlaza 297 288 286 263 352 292 227-231 281 225278 302 291244254 223242 193 174 200 1 5 8 -1 9 8 201 183 120-126 1 20 100 12 Vail Rd.Loading Zone(in driveway) 12 16 141 1 Æô Æô Æô Æô !_ ICERINK Æô 356 386 298 !_ Æô Æô G O R E C R E E K D RHANSON RANCH RDBRI D GE S T 17 Vail Rd.15 minute loading zone- No permit needed –- Additional restrictions apply - 292 E. Meadow Dr.15 minute loading zone- No permit needed –- Available 24/7 tooversized vehicles - P 386 Hanson Ranch Rd.Loading Zone(in driveway) 242 E. Meadow Dr.Loading Zone(in driveway)_Tunnel Æô 122 62 133 17 P P Except: private vehicles for120-126, 122, 1 and 62 Except: privatevehicles for 62 Æô ÆôWILLOW PLMILLCREEKCHUTEVILLAGECENTER RD311 228-232 227392 304 16 S. Frontage Rd. E.Loading Dock 1 Willow Bridge Rd.Loading Dock 141 S. Frontage Rd. E.Loading Dock 1 Vail Rd.Loading Dock Checkpoint Service Vehicle Zone- Service Vehicles Only -- 2hr. max. between 8am - 8pm -- Paid Permit Required -- No oversize vehicles - Checkpoint Multi-Use Zone- Additional Restrictions Apply -- Permit Required - 68 S. Frontage Rd. E.15 minute loading zone- No permit needed –- Available 24/7 tooversized vehicles - §¨¦70 §¨¦70 68 Except: privatevehicles for 311 VAIL RDS FRONTAGE RD E E MEADOW DR GORE CREEK DR BRIDGE STVAI LVAL L E Y D R E FOREST RD W I L L O W R D WI LLOW BRI DGE RDH A N S O N R A N C H R D BEAVER DAM RD W MEA D O W D RWALL STI0 100 200Feet vailgov.com/loadinganddelivery * NO OVERSIZED VEHICLESALLOWED IN THE VILLAGE * (other than HVCC)Oversized Vehicles are anyvehicle 22' or longer in lengthor 83" or wider, at any time;or, meets or exceeds thecombination of both more than8' in height and 7' in width andincludes: box trucks, box trailers,tractor-trailers, and/or semis. P Æô Town-Approved Contractor Service Coverage Zone: Identified by heated pavers and its boundaries are generallycontained within: E. Meadow Dr. (Vail Rd. to Vail Valley Dr.); Willow Bridge Rd. (E. Meadow Dr. to Vail Rd.);Gore Creek Dr. (Checkpoint Charlie to east end of Gorsuch / Clock Tower); and, Bridge St. (Slifer Square throughSeibert Circle to Hanson Ranch Rd.) Restricted Village Zone - (09:00 - 11:00 AM, daily): On-street, close-in delivery available exclusively to localbusiness owners and their employees in passenger vehicles. (no oversized vehicles and/or delivery companies) Checkpoint Multi-Use Zone:Ski/Snowboard Tuning - (05:00 - 08:00 AM and 05:00 - 06:00 PM, daily): On-street, close-in delivery availableexclusively to snow-sports tuning equipment business owners and their employees actively loading and delivering inpassenger vehicles, picking-up and delivering snow-sports equipment, to include alpine and touring equipment but notsnow-sports clothing, merchandise, and products other than skis and snowboards. Local Business - (09:00 - 11:00 AM, daily): See description above.HVCC - (08:00 - 10:00 AM, 11:00 AM - 05:00 PM, and 06:00 - 08:00 PM, daily): See description below. High-Volume Commercial Carrier (HVCC) Zone - (08:00 AM - 08:00 PM, daily): 2 spaces, on-street,close-in delivery available to HVCCs. Do Not Enter: Restricted to emergency services and Town of Vail vehicles, with some exceptions as indicated. Arrows indicate direction of vehicular travel, Town-Approved Contractor Service exempt. Town-Approved Contractor Service/Code of Conduct for All Loading Docks  Available exclusively for commercial goods deliveries  No truck chains in town streets or loading dock  Turn off engine (refrigerated trucks exempt)  Keep conversations civil and polite  All scheduling through opendock.com  Vail Village Dock Master: 970-754-3625 (DOCK) | dockmaster@106west.com Vail Village Code of Conduct  Available exclusively to local business owners and their employees actively loading and delivering in passenger vehicles (no delivery companies); 09:00-11:00 AM, daily  Always come-in through Checkpoint Charlie  Park your passenger vehicle close-in to your business  Try not to block your neighbor’s window displays and maintain emergency vehicle access  No chains allowed on personal vehicles  Vehicles idling in excess of 5 minutes prohibited Checkpoint Charlie (CPC)  Hours: 07:30 AM – 06:30 PM, daily  Phone: 970-476-7603 (after hours, contact Vail Police Dispatch non-emergency: 970-479-2201)  Look for special events loading restrictions posted on window ahead of time Special Circumstance Delivery Variances All deliveries deviating from regulations require a permit issued 48 hours in advance by Vail PD – permit obtained by contacting Dispatch non-emergency: 970-479-2201. Delivery Variances may include:  Businesses receiving large items (sculptures, furniture, gallery pieces, etc.) and/or large volume deliveries (seasonal inventory transfers)  Oversized Deliveries  Hazardous Materials  Moving Vans  Special Events Service Vehicles Only marked service vehicles (plumbers, electricians, carpet cleaners, etc.) will be allowed into the Service Vehicle Staging Area on a first come first serve basis. Additional rules and guidelines apply. Inquire at Checkpoint Charlie and obtain paid parking permit from Parking Department by scanning QR code or calling the phone number on sign. Public Access to Pedestrian Mall At Checkpoint Charlie, owners and their guests shall be given close-in access 24/7 to drop off guests with luggage and/or groceries, and will otherwise be dropped-off in designated passenger drop-off areas. Owners of parking spaces within Pedestrian Area shall be given access 24/7 to enter and leave their parked positions. Refer to Vail Town Code: Title 7, Chapters 11 & 12, for further details. August 16, 2022 - Page 154 of 159 Lionshead Parking Structure Bldg. B E LIONSHEAD CIR S FRONTAGE RD W N FRONTAGE RD W LIONSHEAD PL W LIONSHEAD CIRS F R O N TA G E R D W LI O N S H EA D M A L L k680 720 684 610 616 548508 521 452 520 531 555 Bldg. A Bldg. C Bldg. D ICERINK 600 675 !_ !_ !_úLionsheadWeclomeCenter LionsheadTransit Center 635 660 380 720 W. Lionshead Cir.15 minute loading zone 616 W. Lionshead Cir.15 minute loading zone 395 E. Lionshead Cir.15 minute loading zone(along sidewalk)4 a.m. to 8 a.m.- Restricted to truckswith wheel base < 40' - ARRABELLELOADING DOCK Æô Æô ShuttleParking SkierDrop Off(entrance) Elevator #6 §¨¦70 §¨¦70 390 395 450 675 675675 350 L I O N S H E A DLOADING &D E L I V E R Y 0 100 200Feet ICode of Conduct for Delivery Drivers  Turn off engine, unless the vehicle is refrigerated and transporting perishables .  Keep conversations quiet.  Take care to be as quiet as possible, especially with movement of ramps.  Turn radios and cell phones down.  Use rubber tires on your two-wheelers, where possible.  Use common sense - people are sleeping in the early morning hours. Reminders  Loading & Delivery map and info: o www.vailgov.com/loadingdelivery Questions about deliveries or special circumstances?  Contact the Lionshead Pedestrian Mall Loading Dock Master: 970-754-7765  Contact the Vail Village Pedestrian Mall Loading Dock Master: 970-754-3625  Contact Checkpoint Charlie  Hours: 7:30 AM – 6:30 PM, daily  Phone: 970-476-7603 (after hours, contact Vail Police non-emergency: 970-479-2201) Lionshead Pedestrian Mall Access  All commercial goods to be del ivered to the Lionshead Pedestrian Mall from the Arrabelle Loading Dock .  All high-volume commercial carriers to access Lionshead Pedestrian Mall from the Arrabelle Loading Dock. vailgov.com/loadinganddelivery Æô Town-Approved Contractor Service Coverage Zone boundaries. Do Not Enter: Restricted to emergency services and Town of Vail vehicles, with some exceptions as indicated. August 16, 2022 - Page 155 of 159 Vail Loading Dock Permit Application Contact Information Company Name Company Owner’s Name Company Contact Mailing Address Work Phone Fax Number E-Mail Address Website URL Approval Process Once this application has been turned in, it will go through a multi-approval process as follows: 1) Approval with the Vail Police Department 2) Approval with 106 West 3) Applicant will be Invoiced based on Tiered Pricing Model Described Below 4) Upon Payment being Received, Permit is Issued Permits pricing is based upon a point system based on the following factors: Tally the points according to your need to find your individual permit pricing. Weekly loading dock access days:1 Day = 1 Point 2-3 Days = 2 Points 3+ Days = 3 Points Number of Delivery Locations Required:1-12 Locations = 1 Point 12+ Locations = 2 Points Delivery time needed at Dock Location:0 - 1/2 Hour = 1 Point 1/2 Hour or Longer = 2 Points Type of Delivery Vehicle:Van = 1 Point Truck: Less Than 3 Axles = 2 Points 3+ Axles = 3 Points Permit Pricing Points Earned 10+ Tier 8-9 6-7 Fewer Than 6 4 3 2 1 Annual Fee $27,000 ($2,250/mo) $18,000 ($1,500/mo) $12,000 ($1,000/mo) $3,000 ($250/mo) Points Earned: Signature Certifying Above is Correct: Printed Name of Certifying Representative: Date: August 16, 2022 - Page 156 of 159 Documents required to process application: 1) ADD REQS HERE ONCE KNOWN For Vail Police Administration & 106 West Use Only Vail Police Administration Approval Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name ______________________________ Date _____________________________ Print Name ______________________________ Date 106 West Approval: Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name _____________________________ Date _____________________________ Reason for Denial Vail Police Administration Approval Denied by: _____________________________ Signature, Vail Police Representative 106 West Approval: Denied by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name _____________________________ Date _____________________________ Reason for Denial August 16, 2022 - Page 157 of 159 Indemnity Agreement By registering with the Town, each Commercial Operator agrees to indemnify, defend and save the Town and its respective agents, officers, representatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney fees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of the Commercial Operator, Permitee, its agents, employees or servants, or through any injury or casualty occurring in the Town as a result of said loss. Signature of Authorized Representative: Printed Name of Authorized Representative: Company Name: Date: Acknowledgement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand that if I am issued a Vail Loading Dock Permit, any false statements, omissions, or other misrepresentations made by me on this application may result in immediate cancellation of permits issued. Furthermore, I acknowledge that I have received a copy of the Town of Vail Loading Dock Ordinance and that I have read, understand and agree to abide by the regulations set forth in said ordinance. Additionally, I agree to ensure that each of this company’s driver’s reads and abides by said regulations. Signature: Name (printed): Date: For Vail Police Administration Use Only Approved for Nov 1, 2021 – Oct 31, 2022 Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name ______________________________ Date Denied for Nov 1, 2021– Oct 31, 2022 Denied by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name/Date ______________________________ Reason ______________________________ August 16, 2022 - Page 158 of 159 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Adjournment 7:15 pm (estimate) August 16, 2022 - Page 159 of 159