HomeMy WebLinkAboutPACKET Town Board 2018-10-23The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, October 23, 2018
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated October 9, 2018 and Town Board Study Session Minutes
dated October 9, 2018.
3. Estes Valley Planning Commission minutes dated September 18, 2018 and Estes
Valley Planning Commission Study Session minutes dated September 18, 2018
(acknowledgment only).
4. Parks Advisory Board Minutes dated September 20, 2018 (acknowledgment only).
5. Transportation Advisory Board Minutes dated September 19, 2018 (acknowledgment
only).
6. Revised Board Policy 101, Board Assignments.
7. Revised Board Policy 102, Town Committees.
8. Resolution #23-18 Continuance of Board Audit Committee.
9. Acceptance of CDOT Grant Agreement for a Battery-Electric Trolley.
10. Letter of Support for the 2019 Colorado Safe Routes to School Grant Application.
11. Resolution #22-18 Support of Grant Application with GOCO for Big Thompson River
Picnic Shelter.
12. Appointments to the Estes Valley Public Library District Board of Trustees.
Liz Zornes for a 4-year term beginning January 1, 2019 and expiring on December 1,
2022.
Kay Weston to complete the term of Kaye Orten beginning January 1, 2019 and
expiring December 31, 2019.
Prepared 10-12-2018
*Revised 10-17-2018
**Revised 10-19-2018
*
**
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #14-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT
CODE TO ADD "SIGHTSEEING/TOUR VEHICLE FACILITY" AS A SPECIAL
REVIEW USE IN CERTAIN ZONING DISTRICTS. Planner Woeber.
To allow "Sightseeing/Tour Vehicle Facility" as an S2 Special Review use in the A,
CD, and CO Zone Districts and add definition of the same. (Continued from the
October 9, 2018 Town Board Meeting).
B. SPECIAL REVIEW, "SIGHTSEEING/TOUR VEHICLE FACILITY," 1340 BIG
THOMPSON AVENUE, ESTES PARK TROLLEYS/APPLICANT. Planner
Woeber.
ACTION ITEMS:
1. INTERGOVERNMENTAL AGREEMENT WITH UPPER THOMPSON SANITATION
DISTRICT FOR WATER MAIN EXTENSION. Superintendent Eshelman or Director
Bergsten.
Extension of a 12" water main across Hwy 36 at Mall Road.
REQUEST TO ENTER EXECUTIVE SESSION.
For a conference with an attorney for the Board for the purposes of receiving legal
advice on specific legal questions regarding the Estes Valley Comprehensive Plan –
Section 24-6-402(4)(b), C.R.S.
ADJOURN.
2
Town of Estes Park, Larimer County, Colorado, October 9, 2018
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 9th day October, 2018.
Present: Todd Jirsa, Mayor
Cody Walker, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Greg White, Town Attorney
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Kimberly Disney, Recording Secretary
Absent: None
Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Walker/Zornes) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Charlie Dickey/Town Citizen spoke regarding noise issues with businesses providing
outdoor music. He mentioned business relationships with neighborhoods, the Police
efforts with noise complaints, and a decibel limitation would not make the reduce the
volume.
Marcia Groome/Town Citizen spoke regarding her issues with the consistency of loud
music played at The Barrel. She stated she has called the police multiple times and
would be prepared to take the matter to court should it continue.
Mike Lemley/Town Citizen spoke in support of Marcia Groome’s statements. He
asserted the number of complaints the police have received would be higher if the two
properties next to his home were occupied full-time. He questioned if the police use the
acoustic stipulation of the ordinance as an ambiguity to not issue tickets.
Lew Larek/Town Citizen spoke about the revenue possibilities of allowing legalized
gambling. He stated additional revenue would allow the Town to provide support for
police and their families.
Jim Swaney/County Citizen spoke in support of Ordinance 15-18 to allow for more
public input on developments, and Ordinance 17-18 providing a moratorium on park and
recreation applications in residential zones. He stated he moved to Estes Park to enjoy
the peace and quiet, the quiet should be protected.
John Meissner/Town Citizen spoke in support of using a timer for public comment.
TOWN BOARD COMMENTS
Trustee Norris stated the Estes Valley Planning Commission would meet on October
16, 2018. The Family Advisory Board would be conducting public outreach on childcare
and housing. The Comprehensive Plan Advisory Committee has begun conducting a DRAFT
Board of Trustees – October 9, 2018 – Page 2
survey with valley residents. He stated October as Conflict Resolution month, and
requested citizens use constructive discussion to resolve issues.
Mayor Jirsa stated Northern Colorado Regional Tourism Authority met and discussed
the Stanley Film project, which continues to progress. The Town can expect $430,000
to be used for future projects. He stated he was elected Chairman of the Board for
Platte River Power Authority (PRPA). PRPA’s integrated resource plan will be brought
back to the Town Board for discussion.
Trustee Bangs attended a viewing of “Dawn Wall” a film supporting local climber
Tommy Caldwell. She attended the Family Advisory Board on October 4, 2018 on
behalf of Trustee Norris.
Trustee Cenac attended the CML District meeting where ballot issues were discussed.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 25, 2018.
3. Board of Adjustment Minutes dated September 11, 2018 (acknowledgment only).
4. Family Advisory Board Minutes dated September 6, 2018 (acknowledgment
only).
It was moved and seconded (Cenac/Walker) to approve the Consent Agenda,
and it passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED PLAT, 920 DUNRAVEN ST., MARK NEWENDORP DBA AGA
DEVELOPMENT LLC/OWNER. It was moved and seconded
(Martchink/Walker) to approve the Planning Commission Consent
Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE #14-18 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE (EVDC) TO ADD "SIGHTSEEING/TOUR VEHICLE
FACILITY" AS A SPECIAL REVIEW USE IN CERTAIN ZONING
DISTRICTS. Mayor Jirsa opened the public hearing and Planner Woeber
presented Ordinance 14-18 to amend the EVDC to clearly define the use of
sightseeing, tour, and wedding charters in the Estes Valley. The amendment
would allow for a S2 special review process in the A (Accommodations), CD
(Downtown Commercial) and CO (Outlying Commercial) zoning districts.
Various companies offer such services in town and staff has encountered
issues in allowing such business because they are not addressed in the
code. The Trustees discussed the broad definition and unintended
consequences that could arise. Mayor Jirsa stated if the facility does not
have on-site ticket sales and customer parking it would become a vehicle
storage site.
Marcia Groome/Town Citizen spoke in support of the ordinance stating she
previously owned Estes Park Trolleys. She asked how bus storage is
currently defined in the EVDC and stated that Green Jeep Tours a similar
business in the CD has not been required to store vehicles off site. DRAFT
Board of Trustees – October 9, 2018 – Page 3
Charley Dickey/Town Citizen stated it would be unfair to require customer
parking in one zoning district and not in others. Currently the CD does not
require customer parking.
John Meissner/Town Citizen questioned why the definition specified 6 or
more seats in the vehicle. Planner Woeber stated this was to exclude taxi
companies from being included in the definition.
Mayor Jirsa closed the public meeting and Attorney White read the
ordinance into the public record. It was moved and seconded
(Martchink/Walker) to table Ordinance 14-18 to October 23, 2018 to allow
staff time to redefine the use classification definition, and it passed
unanimously.
B. ORDINANCE #15-18 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TO REQUIRE NEIGHBORHOOD/COMMUNITY
MEETINGS PRIOR TO APPLICATION. Mayor Jirsa opened the public
hearing and Planner Becker presented Ordinance 15-18 which would
provide an opportunity for the local community to become aware of proposed
projects in the community. This would include input opportunities, provide
clear interpretation of project locations, and open communication to the
public. Trustees discussed other communities use of similar processes, staff
involvement in the meetings, tracking community interest, and the
community members who would receive notifications of the meetings.
Greg Cenac/County Citizen questioned who the notifications would be sent
to and why variances and minor subdivisions were not included. He also
stated the ordinance affects both the Town and County and the requirement
should be necessary for all development requireing a review.
Director Hunt stated notifications would be sent to the same community
members as the public notification list. Those that share a property line with
the development and 100 feet beyond. He suggested the ordinance be
reviewed in a year to determine its effect.
Kent smith/Town Citizen suggested a posted notification sign of public
meetings be displayed on the property applying for development similar to
the signs already being used.
Johanna Darden/Town Citizen questioned if the meetings would be open to
the public.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance
into the public record. It was moved and seconded (Norris/Martchink) to
approve Ordinance 15-18 with the inclusion of minor subdivisions and
review of the effects within one year, and it passed with Mayor Pro Tem
Walker voting “no”.
ACTION ITEMS:
1. ORDINANCE #16-18 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE
§9.08.090 PANHANDLING. Mayor Jirsa opened the public hearing and Town
Attorney White presented Ordinance 16-18 to remove subsection (5) of
§9.08.090 (b) of the Municipal Code which prohibits panhandling on a public
transportation vehicle. A letter dated August 28, 2018 from American Civil
Liberties Union (ACLU) requested the Town repeal the prohibition of panhandling
on public transportation vehicles, citing recent U.S. District Court and U.S.
Supreme Court cases which addressed the constitutionality of such a prohibition
as a restriction of free speech. After review of the Town’s laws prohibiting
panhandling on public transportation it was determined the law may not be
legally sustainable. With the repeal of subsection 5, the Town may still prohibit DRAFT
Board of Trustees – October 9, 2018 – Page 4
aggressive, intimidating, threatening, or coercive panhandling on public
transportation.
Charley Dickey/Town Citizen questioned if the ordinance prohibited the ability of
people to play for tips.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance into
the public record. It was moved and seconded (Martchink/Cenac) to approve
Ordinance 16-18, and it passed unanimously.
2. ORDINANCE #17-18 IMPOSING A TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Mayor Jirsa opened the public hearing and
Town Attorney White presented Ordinance 17-18 imposing a temporary
moratorium on the receival and review of applications for park and recreational
facilities in residential zoning district. The ordinance is a result of public concern
of the review process for the Estes Mountain Coaster. Staff has been formulating
amendments to the EVDC to address these concerns. The moratorium would
allow sufficient time for the EVDC amendments to be reviewed. Trustees
discussed how the moratorium was limited to applications within town limits, and
if Larimer County planned to impose a similar moratorium.
Joanna Darden/Town Citizen spoke in favor of the ordinance and requested the
words non-commercial be placed in the EVDC.
Greg Cenac/County Citizen requested the term mountain coaster be stricken
from the ordinance.
Doug Sacarto/County Citizen spoke in favor of the ordinance as a counter to
current conflicts and he requested the county adopt a similar ordinance.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance into
the public record. It was moved and seconded (Martchink/Zornes) to approve
Ordinance 17-18, and it passed with Mayor Pro Tem Walker voting “no”.
REPORTS AND DISCUSSION ITEMS:
1. 2018 CITIZEN SURVEY RESULTS. Public Information Officer Rusch presented
the results of the 2018 Citizen Survey. The survey is used to monitor trends in
resident opinions, measure performance, communications and inform decisions
on budget, land use and strategic planning. The Trustees discussed the number
of surveyed citizens, surveys conducted in Spanish, and the ability to analyze
individual question statistics and demographics.
John Meissner/Town Citizen stated the 40% response rate was low and asked if
the same citizens receive the survey each time and if the demographics can be
analyzed for surveys that are not completed.
Whereupon Mayor Jirsa adjourned the meeting at 9:12 p.m.
Todd Jirsa, Mayor
Kimberly Disney, Recording Secretary DRAFT
Town of Estes Park, Larimer County, Colorado October 9, 2018
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 9
th day of October, 2018.
Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, Police Chief Kufeld, and
Recording Secretary Beers
Absent: None
Mayor Jirsa called the meeting to order at 5:30 p.m.
2019 VISIT ESTES PARK OPERATING PLAN.
Mayor Jirsa and Trustee Cenac met with two members of VEP on October 3, 2018 and
discussed the operating plan, budget and strategic plan. The Board discussed the
timeline for approving the operating plan which would require approval by December 5,
2018 and the ramifications if the Board does not meet this deadline.
Board discussion followed and has been summarized: Concerns over the distribution of
a different budget than was presented in the operating plan; discrepancies in the
actuals; the operating plan is not clear and does not state the focus, and the need for an
operating plan which meets the needs of both boards. The Board directed Mayor Jirsa
and Trustee Cenac to share concerns with VEP regarding the operating plan revisions
prior to the review at the November 27, 2018 Town Board meeting.
NOISE ORDINANCE.
Attorney White presented a memo dated October 7, 2017 which provided a history of
the noise ordinance modeled off the state statue and decibel based. The noise
ordinance was established to address neighborhood noise for properties adjacent to
vacation homes. He stated the State of Colorado does not enforce noise ordinance
violations in court utilizing decibel meters, deeming them not reliable instrument in
measuring noise. He further stated municipalities have moved away from decibel-based
readings to utilizing a common man noise ordinance as a method for determining
unreasonable noise. The Town added an amplified music standard of 82 decibels to
determine unreasonable noise for outdoor music. Chief Kufeld reviewed the process for
issuing a citation for a noise violation which requires the reporting party to testify in court
stating the noise was disrupting their quality of life. A reporting party has yet to agree to
testify as such. He recommended removing the amplified music standard of 82 decibels
and rely on the unreasonable standard. Additionally, he recommended an expansion of
the unreasonable noise definition to include: any excessive or unusually loud
sound/noise which disrupts the peace, quiet, health, comfort or repose of a reasonable
person of normal sensitivities with an addition of intensity and duration of noise; or loud,
unreasonable, unusual, penetrating or boisterous noise, disturbance or condition which
annoys, disturbs or injures or endangers the comfort, repose, health, peace and quiet
within Town limits. Town Attorney White recommended changing outdoor amplified
music to outdoor amplified sound. He added violations can be considered during the
renewal process for liquor licenses.
Board discussion followed and has been summarized: Concerns regarding the ability to
enforce the ordinance; the established allowance of amplified outdoor music based on a
time parameter of 11:00 pm may need to be revised to an earlier time; and the benefits DRAFTmbers of VEPmber on OctoberOctob
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Town Board Study Session – October 9, 2018 – Page 2
of establishing a number of noise violations which the Board would address during the
renewal for a liquor license.
The Board requested staff change the noise ordinance by strengthen the sound
language, removing the decibel reading under amplified music standard, change the
language to read outdoor amplified sound, and review the compliance standards.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
Mayor Jirsa received a recommendation from a local contractor requesting to meet with
the Building division staff to discuss streamlining the permit process and simplify
procedures. The Board directed staff to consult with the contractor and discuss process
options.
Town Administrator Lancaster requested Board feedback on the support of two
initiatives on the November 6, 2018 ballot. After further discussion, the Board agreed to
proceed with individual or multiple Board member support for each initiative rather than
through a resolution of support by the Board as a whole. Additionally, in the future the
Board would consider support for items which directly affect the Town.
FUTURE STUDY SESSION AGENDA ITEMS.
The Board agreed to schedule the Introduction to Water Rates Study Process for
discussion at the December 11, 2018 study session. The Presentation of the Stanley
Park Master Plan was scheduled for the January 8, 2019 study session. Social Media
Archiving and the Stormwater Management Program and Utility – Results from Public
Outreach discussions would be held at the January 22, 2019 study session. The Street
Improvement Plan was scheduled for the February 12, 2019 study session.
There being no further business, Mayor Jirsa adjourned the meeting at 6:50 p.m.
Bunny Victoria Beers, Recording Secretary
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
September 18, 2018
Board Room, Estes Park Town Hall
1
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Russ Schneider, Robert Foster, Frank Theis, Steve Murphree
Attending: Chair Leavitt, Commissioners, White, Foster, Murphree. Smith and Theis
Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff
Woeber, Town Board Liaison Ron Norris, County Staff Liaison Michael
Whitley, Recording Secretary Karin Swanlund
Absent: Commissioner Schneider
Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 5 people in
attendance.
1. OPEN MEETING
Planning Commission/Staff Introductions
Chair Levitt introduced new Commissioner Nick Smith, replacing Betty Hull. He thanked
Commissioner Hull for her years of service and reminded the commission of the
circumstances regarding her dismissal, that being use of personal email instead of town
email.
2. APPROVAL OF AGENDA
It was moved and seconded (Foster/Leavitt) to approve the agenda as presented and
the motion passed 6-0.
3. CONSENT AGENDA
Approval of August 21, 2018 Planning Commission meeting minutes.
It was moved and seconded (White/Foster) to approve the consent agenda as
presented and the motion passed 5-0 with Smith abstaining.
4. ESTES PARK TROLLEYS S-2 SPECIAL REVIEW
The applicant requested approval of an S2 Special Review for the use,
“Sightseeing/Tour Vehicle Facility” in the A, Accommodations Zoning District.
Senior Planner Woeber stated that the Special Review was contingent upon approval of
the related Code Amendment which recommended for approval by the Planning
Commission on August 21. He then reviewed the staff report. Staff found that this use
has been established at this location, 1340 Big Thompson Avenue, for approximately one
year, operating on their second and final temporary use permit. Impacts have been
minimal and public comment has been low. Staff recommends that Planning Commission
forward a recommendation of approval of the Special Review Use for a Sightseeing/Tour
Vehicle Facility in an A, Accommodations Zoning District with the following conditions:
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
September 18, 2018
Board Room, Estes Park Town Hall
2
1. The approved use shall generally be consistent with the materials submitted by the
applicant, and shall specifically include the applicant’s proposed use of the facility
only as a sales office and point of dispatch for tours, and the limitation on the
number of vehicles in the fleet.
2. Within 30 days of Special Review approval, applicant shall submit a Landscaping
Plan to the Community Development Department, providing an effective screening
with trees and shrubs from adjacent roads. The Landscaping Plan shall be
reviewed and approve by staff, and the landscaping shall be established by the
applicant within 60 days after staff approval of the Landscaping Plan.
3. Any outdoor lighting installed shall comply with all applicable standards and
requirements within the Estes Valley Development Code Section 7.9 Exterior
Lighting.
Staff/Commission Comments:
Comments included: limited landscaping area, sight-line for turning at that intersection,
Statement Of Intent states desire for more public visibility; however, landscaping does the
opposite. There are two entrances to the property, both will be continued to be used.
Code Amendment will be going to the Town Board on October 9 and the County
Commissioners on October 15.
Owner/Applicant Discussion:
Owners Nick Cassatt, Brandon McGowan explained the reasons for the Special Review
request. Most of their business is conducted by phone, not at the physical office. Low
customer impact on site, with no long term customer parking taking place. Right hand
turns onto Big Thompson, and left hand turns off Lakefront are planned. Office will likely
be closed October-May but business will remain open year round for wedding charters.
Landscaping will be figured out once CDOT has responded. The only signage will be on
the building. Current lighting on the property is inside the building and a motion sensor
light for the parking lot, proposing a soffit light under existing awning. If business grows,
they would probably look for an auxiliary lot as they are planning on long term occupancy
at this location.
Public Comment:
Bob Berman, 1442 Raven Circle #C, stated concerns with that a bus barn without the
barn is not a nice greeting on one of the major roads entering our town, a nonexistent
landscaping plan due to there being nowhere to put landscaping. Numerous businesses
in town park vehicles in less obtrusive places, why give this company an advantage. He
strongly urged a no vote.
Millicent Cozzie, 450 Lakefront St, finds this tenant to be very quiet and tactful compared
to previous tenants, noting that landscaping would block visibility on Lakefront Street.
Commission Comments:
o Concerns with right of way, line of sight and awaiting response from CDOT have
complicated the landscaping plan
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
September 18, 2018
Board Room, Estes Park Town Hall
3
o Property has been a problem for years being commercial use on accommodations
zone. Could be more appropriate to plat it out as a separate lot. Hunt stated that
although he agrees, there is no instrument or requirement for doing this and can’t
be compelled by our regulations right now
o A full time tenant is more desirable than a Temporary Use tenant
o Trolley Company will be limited to what is being approved in this Special Review
o Sightseeing/Tours at this location fits in with the number of motels
o Having something on the property is better than having it sit empty
o Don’t let the perfect be an enemy of the good
It was moved and seconded (Murphree/Foster) to approve the Special Review Use
for a Sightseeing/Tour Vehicle Facility with findings and conditions recommended
by Staff. The motion passed 6-0.
5. REPORTS: Director Hunt
o Explanation of Current Projects sheet in packets and on line for reference
o Building department to assign property address prior to building permit applications
o Special Board of Adjustment Meeting directly following the October 16 Planning
Commission meeting
o Neighborhood/Community Meeting Code Amendment going to Town Board on
October 9
o Updated Code Amendment for Parks and Recreation uses in Residential
Properties update adding a Special Review requirement planned for October PC
meeting
o Code Amendment for a public review of Development Plans with a threshold of 10
or more parking spaces to be updated to 3 or more parking spaces.
o Readoption of the 1999 official zoning map, removing crosshatched open space
designations
o Chair Leavitt requested archiving meeting packets on the website
o Commissioners thanked Director Hunt for his perseverance
o Director Hunt will be out of the office for the month of November
There being no further business, Chair Leavitt adjourned the meeting at 2:46 p.m.
_________________________________
Bob Leavitt, Chair
__________________________________
Karin Swanlund, Recording Secretary
7
Town of Estes Park, Larimer County, Colorado September 18, 2018
Minutes of a Study Session meeting of the PLANNING COMMISSION of the Town of
Estes Park, Larimer County, Colorado. Meeting held Rooms 202/203 of Town Hall.
Commission: Chair Leavitt, Vice Chair White, Commissioners Schneider, Foster,
Murphree, Smith, Theis
Attending: Leavitt, Foster, White, Theis, Murphree, Smith
Also Attending: Town Attorney White, Director Hunt, Senior Planner Woeber, County
Liaison Whitley, Town Board Liaison Norris, and Recording Secretary
Swanlund
Absent: Commissioner Schneider
Chair Leavitt called the meeting to order at 11:00 a.m.
There were approximately 5 people in attendance. This study session was streamed and recorded
on the Town of Estes Park YouTube channel.
Introduction of PC Members and staff
Chair Leavitt announced that Betty Hull has been removed from the Commission as of this morning
by the Board of County Commissioners. He thanked Betty for her many years of service. The
conditions of her removal relate to personal email use for Planning Commission business. Nick
Smith, local businessman and County resident, has been appointed to take Commissioner Hull's
place.
Code Amendments: Director Hunt
A) Neighbor/Community Meetings
This item was approved at the August meeting, and will be on the October 9 Town Board
agenda, the October 15 BOCC agenda and adopted 30 days after that. Materials
documenting the applicant’s meeting are a requirement of the development application
process for projects requiring a public hearing.
B) Zoning Standards for parks and recreation in residential districts
The origin of this comes from a Code Amendment in May, 2017 removing the word
noncommercial from the definition of Parks and Recreation uses. The idea is to put more
“guard rails” around park and recreation uses. Director Hunt commented that the
Amendment was his proposal, not Planner Becker, as has been assumed, and was
perhaps incomplete and simplistic. All questions should be directed to him. Hunt proposed
an S2, Special Review Amendment with criteria for reviewing all proposed uses, public,
private or commercial, with a public hearing for all uses in residential districts. An
amendment restoring the word noncommercial is not supported by staff. Commissioner
Foster noted that questions arise from the definition of recreational use (Chapter 13.3, 197)
making them permitted by right in residential areas in table 4.1. Hunt answered that
changing table 4.1 from P-Permitted to S2 Special Review for residential vs nonresidential,
rather than changing the definition, is a better way to go. Commissioner Theis asked if
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Planning Commission Study Session September 18, 2018 – Page 2
rezoning would be an easier process than a Special Review. Hunt answered with three
responses:
• It is not easy to distinguish commercial and noncommercial projects
• Rezoning puts all CO uses on the table for a given property
• When you create a situation where property is rendered nonconforming, it should be
assumed it will eventually become a conforming use/structure.
Trustee Norris stated that there was interest from Town Trustees to expedite this rather
than waiting for the completion of the new Comprehensive Plan. Hunt replied that this
Code Amendment can be (in part) ready for the October meeting. Chair Leavitt suggested
not rushing to judgement with deliberate discussions and an understanding of the
consequences.
C) Development Plan Exemptions/parking spaces
Commercial development plans are not required, per EVDC Chapter 3, with 9 or fewer
parking spaces. Amending the parking space threshold to 3 or more is the solution.
Changing the number in code balances appropriate levels of review. Timing on this will be
later in the year.
D) Readoption of Official Zoning Map
Realistically, it will be early 2019 before we have this complete. In short, this will involve
the removal of cross hatches falsely declaring lots as open space as there is no zoning
district for open space. Attorney White pointed out that from a legal perspective, the cross
hatching is meaningless. The Town-owned Dry Gulch property is a short-term concern for
this item. An independent audit of the zoning Ordinances adopted since November 1999
will take place.
Development Standards for Density Bonus (parking, et al)
In 2002 the 1.5 density bonus was introduced and in 2016 the current double density was
passed. Neither of these looked at the whole picture. Landscaping, parking, setbacks,
impervious surface…all need to be considered for adjustment in code where the bonus is
employed. A reciprocal study is needed with the help of consultants, likely taking place in early
2019. Parking specifically needs to be looked at considering the recent projects that have
come through the Planning Commission. Factual knowledge from housing projects around the
valley would be helpful. Clarifying private drive vs private road also needs to be addressed.
Dark Sky Update:
Commissioner White has a mid-October meeting scheduled with the RMNP representative.
Education is first step in the process. Street lighting is one of biggest producers of light. The next
steps would be to touch base with “major players” (School District, Stanley Hotel…), focusing on
setting standards and evolving from there. This is likely to be a one to two year process.
Discussion on Appeals/BOA Appeals/Mountain Coaster
The process for the Mountain Coaster appeal was discussed, referencing the flow chart created by
Director Hunt. Three key public meetings will be held: BOCC, October 2, hearing on the use
classification; BOA, October 16, reviewing who should review the development plan; and PC, October
30, to review the development plan. All meetings are subject to change, depending on extenuating
circumstances. A reminder was given that these are all quasi-judicial and ex-parte communication
banis in effect.
9
Planning Commission Study Session September 18, 2018 – Page 3
Lunch break 12:15
Large Vacation Home Parking
Discussion was had on the number of vehicles parked at Vacation Rentals and vehicles at homes in
general. Large vacation homes have more occupants, but aren’t allowed extra cars. Hunt mentioned
that the Town’s parking regulations date back to the 1980’s, and new standards are desperately
needed.
Findings in Motions discussion
Chair Leavitt explained his desire to discuss findings to accompany PC decisions. Attorney White
explained that legally, when no findings are made, the door is open for the legal appeal for the next
hearing body. Lack of findings doesn’t narrow the focus of the appeal, however appeals tend to be
reviewed completely anyway. He advised coming up with a consensus among the Commission prior
to the motion, arguing that in a sense, the Planning Commission hasn’t spoken if no findings are
given. Minutes should show minority as well as majority comments. The Chair can make the extra
effort to get a consensus. Clarity in the findings helps all involved.
EVCPAC18 Update
Commissioner Foster recapped the last meeting of the Comp Plan Action Committee. Jeffery Boring,
Estes Valley Land Trust, presented an open space and outdoor recreation plan. Recommendation of
proposed table of contents in the RFP is the current goal of the Committee. In addition, identifying
who is a stakeholder and making sure all are represented, informed and have input. Next meeting is
Sept 19, 10:00, Chiquita Room at Community Center. Chair Leavitt noted that the Comp Plan is a
positive way to bring the community together.
Commissioner Comments/Questions
Possibility of archiving meeting packets online
Commissioner Theis conveyed that he had no plans to build an amusement park (Elkhorn Lodge), the
story had its origins in a nonprofit plan with the Mayor and others years ago
Director Hunt stated he will be out of office the month of November for a medical procedure.
Future Study Session Items
Vacation Home Regulations
Dark Skies Initiative
Parking: density bonus, general, vacation home
There being no further business, Chair Leavitt adjourned the meeting at 1:20 p.m.
_____________________________________
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
10
Town of Estes Park, Larimer County, Colorado, September 20, 2018
Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Conference Room of the Estes Park
Museum on the 20th day of September, 2018.
Present Merle Moore
Vicki Papineau
Wade Johnston
Dewain Lockwood
Geoffrey Elliot
Also
Present: Brian Berg, Parks Supervisor
Tricia Morales-Diaz, Parks Maintenance Worker
Megan Van Hoozer, Public Works Administrative Assistant
Absent: Patrick Martchink, Town Board Liaison
Chair Merle Moore called the meeting to order at 8:30 a.m.
PUBLIC COMMENT
No public in attendance.
GENERAL BUSINESS
A motion was made and seconded (Lockwood/Papineau) to approve the August
meeting minutes with minor corrections and all were in favor.
MRS WALSH’S GARDEN (MWG) UPDATE
Chair Moore reported that Parks staff have been working at MWG to remove any non-
native plant materials not in accordance with scientific garden.
MWG needs additional plant identification labels. MWGAC members requested more
clarification on how funds for MWG are allocated. Supervisor Berg explained that the
Town has two line items – maintenance and education. Supervisor Berg has already
sent out line item costs to date. MWGAC is also interested in understanding budget for
the potential purchase of additional land near MWG. Eventually they’d like to purchase
11
Parks Advisory Board – September 20, 2018 – Page 2
land all the way to Elkhorn Lodge & Guest Ranch. The question was brought up about
whether each year’s remaining funds are rolled over or if the funds are placed back into
the endowment. The MWGAC is interested in future land purchases. Manager
McEachern will confirm with the Town’s Finance Director what occurs with those funds.
Trustee Liaison Martchink stated the importance of the MWGAC verifying whether land
purchases are allowed with the education and maintenance restriction.
Last Friday, committee members and Supervisor Berg were at MWG planting. Concerns
arose about the noxious weeds growing up to the property line and MWGAC members
pulled many of them.
The recent Open House at MWG was successful and the hope is to make it an annual
event. Glad to have supporting organizations in attendance.
PARKS DIVISION UPDATE
Parks crews:
have completed the last fertilization,
have been pulling pots, barrels, and select flower beds while elk are getting into a
lot of the surrounding planters
Sidewalk washing occurred recently
Knoll Willows got hit hard from recent rain events. Staff need to get in and redo
the work done the prior year.
Museum received a grant to repair the ruins and extend its outside platform. The
Museum also received a $5K donation which will purchase a dual binocular set.
Staff is planning strategic placement to enable great views.
Supervisor Berg is working on a grant application for the greenhouse expansion.
There will be a couple contractors coming to view what is needed
Supervisor Berg is also working on a Great Outdoors Colorado (GOCO) grant,
due November 30 for a new picnic shelter near the parking structure which will
replicate the aesthetics of the parking structure and allow space for two tables.
Member Papineau invited Supervisor Berg to view the RMNP greenhouse to see its
amenities and what a larger greenhouse could look like. She also feels it would be
beneficial to go over lessons learned from the layout of a larger greenhouse.
12
Parks Advisory Board – September 20, 2018 – Page 3
OTHER BUSINESS
Sensory Garden – Tricia Morales-Diaz
Proposing Sensory Garden at George Hix Riverside Plaza (sight, hearing, touch and
smell). Planning to install garden in the lower tier of the plaza. Morales-Diaz walked
through with the PAB the plan of implementation, layout, activities, sitting areas, and
entrance appeal. The garden should be fun, interactive and colorful. Morales-Diaz
shared plant ideas with the PAB and requested feedback. She’s gathering information
from multiple parties/municipalities for lessons learned.
Chair Moore proposed putting Morales-Diaz in touch with someone from the
Horticultural Therapy Institute to learn more about sensory gardens. Moore suggested
this initiative be made even bigger than the plan to bring more attendance. He also
suggested that the Sensory Garden be investigated further to see if Samaritan Village
might consider working with the Parks Division to have such a therapy/demonstration
garden developed on their property where it could be used by residents and be
accessible to the public.
Wayfinding planning – Engineering Mgr., David Hook
Town is working on a wayfinding program based from the adopted Downtown Plan.
Discussion about the advantages of program development. Public Works and
Community Development are working together on the early stages of a plan.
Hook mentioned that this information was also shared with the Transportation Advisory
Board and is meeting with the PAB in preparation of the public meeting to be held
October 11. Hook is gathering feedback from the citizen boards in order to make the
best information available to the public. A news release will be issued soon and
simultaneously the public information will be posted to the Town website. Public
comment period will be allowed through the end of October. Ultimately a staff proposal
will be brought before the Town Board on December 11. If approved, the
implementation will occur in 2019.
The key elements of feedback requested are regarding sign/kiosk locations, messaging
types, and sign architecture. Hook provided handouts for review and discussion. A map
with the potential pedestrian sign locations, parking signs and maps/kiosks was handed
out to PAB members. He then provided sign samples for review and discussion.
13
Parks Advisory Board – September 20, 2018 – Page 4
Chair Moore asked if these will be lighted signs. Hook stated this has not yet been
discussed but will be incorporated into feedback. Moore also asked if the distance to
each destination would be provided. He expressed his concern about potential over-
design of the signs in this community.
Hook stated this has been discussed and will be further evaluated. Other feedback
received is that we shouldn’t go cheap. Materials are being discussed and will be
opened up to the public during outreach. Hook is hoping to provide costs of materials to
help the public make a more informed decision. Moore and Papineau both agree this is
overkill. Moore likes the idea of lighted kiosks. Trustee Liaison Martchink stated the
importance of there being a balance between utilitarian need and aesthetics. Member
Elliott feels the signs in Concept 1 are great but there have been too many locations
identified.
Berg reminded Hook that, while planning, to be thoughtful of the lack of space existing
on the sidewalks. Elliot requested a mock-up of a combination sign suggested by the
TAB be provided for review.
AIPP Funding - Chair Moore
Chair Moore handed out to the PAB, a draft of a recommended proposal regarding
AIPP Funding that could potentially be provided to the Town Board. Moore asked that
members review the draft and provide feedback at the October meeting. Moore used
other communities as sample. One question is whether or not this is practical or if we
should work with the Estes Arts District for sculpture art. Member Elliott wonders how to
proceed if that is what is decided. Moore stated there are multiple ways to implement,
with one of those ways being contractual. Co-Chair Johnston reviewed other
communities that use transient taxes (hotel/motel, etc.) to fund public art. More research
is needed but this topic will be next month’s focus.
AIPP Application: Yarn Bombing
The PAB reviewed an AIPP Application for 2019 Yarn Bombing. Supervisor Berg stated
that last year yarn bombs were placed in annual beds although it was agreed this would
not occur; the upkeep was poor and the yarn became tacky with complaints being
reported. If this event is considered the applicant needs invited to the next meeting for
discussion of the issues. Berg spoke to coordinator to relay issues but will send the list
again and invite them for discussion. Member Elliott stated that attendance is required
for consideration of approval.
14
Parks Advisory Board – September 20, 2018 – Page 5
Chair Moore inquired as to the status of PAB openings. Megan Van Hoozer will find out
and provided the information to PAB members. Moore is wondering if a review of the
Bylaws is needed due to the stipulations placed on applicants: specifically the two-year
residency and the boundary area.
With no further business to discuss, a motion was made and seconded
(Moore/Johnston) to adjourn the meeting at 10:03 a.m. and all were in favor.
15
16
Town of Estes Park, Larimer County, Colorado, September 19, 2018
Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall on the 19 th
day of September, 2018.
Present: Gordon Slack
Tom Street
Belle Morris
Stan Black
Ann Finley
Janice Crow
Ron Wilcocks
Linda Hanick
Also Present: Trustee Carlie Bangs, Town Board Liaison
Greg Muhonen, Public Works Director
David Hook, Engineering Manager
Bunny Victoria Beers, Recording Secretary
Absent: Amy Hamrick
Chair Morris called the meeting to order at 12:04 p.m.
PUBLIC COMMENT:
Mike Malloy, a citizen, provided feedback on the operation and classification of e-bikes.
He stated the primary difference between a Class 1 and 2 e-bike is the throttle assist
option which is available for the Class 2 e-bikes. He encouraged the TAB to consider e-
bikes on trails as a benefit to citizens and visitors.
APPROVAL OF MINUTES:
A motion was made and seconded (Street/Crow) to approve the August meeting minutes
with minor edits and all were in favor.
COMPLETE STREET POLICY DRAFT:
Chair Morris stated the updated draft policy would be distributed to the TAB including a
cover letter to the Town Board of Trustees. TAB comments ensued regarding the
importance of keeping the information in the policy concise and add ing “grade separated
crossings” language in the safe crossings for pedestrians section of the p olicy. A motion
was made and seconded (Wilcocks/Black) to approve the Complete Streets Policy draft
with recommended changes and the motion passed with Slack abstaining.
Chair Morris presented a report by the League of American Bicyclists on the Building
Blocks of a Bicycle Friendly Community. The program collected data on community efforts
to improve bicycling and available resources.
The Board discussed Amendment 110 – Transportation Funding which would increase
taxes for transportation funds. Director Muhonen stated the funds would be allocated as
a proration to agencies based on street mileage. The Board was in agreement to direct
Trustee Liaison Bangs to present the TAB support of Amendment 110 to the Board of
Trustees and requested staff investigate the benefits of recommending Town Board
support through a resolution.
WAYFINDING PROGRAM:
Manager Hook reviewed the schedule for the Wayfinding Program which included a
news release and posting of final documents to the project webpage which would
then be taken to the public for comment at the October 11, 2018 public meeting. A
final draft of the plan and related graphics would be presented to the Board of
17
Transportation Advisory Board – September 19, 2018 – Page 2
Trustees at the December 11, 2018 study session. He requested guidance on sign
locations, labels, and architecture. Director Muhonen provided parking wayfinding
sign options which have been provided as options for the Downtown Estes Loop
project. Discussion ensued and has been summarized: size; materials used; the
benefit in including “nearest” or “more” in reference to shopping and parking;
removing “George Hix Memorial Park” and leaving “Riverside Plaza” to avoid
confusion; adding the words “Estes Park” in front of “Visitor Center” to avoid
confusion with the National Park Visitor Center; the benefits of removing park names
and stating “public park” with the name of the park appearing on the kiosk only; the
use of brown on street signs which is commonly used as recreation directions and
potentially merging multiple concepts together for a unique and easy to reference
sign. The Board requested the type of material used, cost and feedback be
presented during public outreach.
E-BIKE POLICY REVIEW UPDATE:
Motorized vehicles are currently prohibited on trails. Public interest in e-bikes and
scooters has increased across the nation. The majority of purchased e-bikes are Class
2 with throttle assist. Director Muhonen stressed the importance of addressing the use
of scooters and e-bikes in the same ordinance. Concerns were voiced regarding
scooters which are used in other municipalities as a use for entertainment versus travel
and can potentially become a nuisance when they are discarded in spaces which are
not designated for scooters. A motion was recommended (Street/Hanick) to amend the
previous resolution on e-bikes to include Class 1 and 2 limited to a 20mph threshold,
and to permit e-scooters limited to 15mph and the motion passed with Black voting no.
GRANT APPLICATIONS: Continued to the October 17, 2018 meeting.
2019 BUDGET: Continued to the October 17, 2018 meeting.
SHUTTLE UPDATES:
Manager Wells stated dropping stops outside of Town limits would be discussed
September 20, 2018 in the Visitor Center meeting room, then presented to the Town
Board at the November 13, 2018 Town Board Study Session meeting. Additionally, he
requested an Estes Park Transit discussion at the regular TAB meeting scheduled for
October 17, 2018.
OTHER BUSINESS
Director Muhonen stated the Complete Streets Policy, E-bike Policy and a presentation
on the Parking Utilization Study would be presented at the November 27, 2018 Town
Board study session meeting.
With no other business to discuss, Chair Morris adjourned the meeting at 2:04 p.m.
Bunny Victoria Beers Recording Secretary
18
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Lancaster
Date: October 23rd, 2018
RE: Revised policies 101 – Board of Trustees Division of Responsibilities and
102 – Town Committees
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION x OTHER___Policy_____
QUASI-JUDICIAL YES x NO
Objective:
Updates to policies 101 and 102 following up on Board actions taken earlier this year
Present Situation:
At previous Board Meetings, the Town Board took action to sunset the CD/CS
committee and the PUP Committee. The Board also modified the procedure for
reviewing Community Grants, doing away with the need for the Community Grant
Review Committee. At the last Board meeting, the Board appointed two members of
the Town Board to the VEP Board of Directors, also eliminating the need for a Board
Liaison to the VEP Board.
Proposal:
Revise policy 101 and policy 102 to reflect the changes expressed above.
Advantages:
Maintains the current applicability of Town Policies
Disadvantages:
none
Action Recommended:
Approve the revisions to Policies 101 and 102
Finance/Resource Impact:
none
Level of Public Interest
none
19
Sample Motion:
On consent agenda
Attachments:
Revised Policy 101 – Town Committees
Revised Policy 102 – Board of Trustees Division of Responsibilities
20
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: October 24th, 2018
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 10/23/2018
1. Purpose The Board of Trustees has many varied responsibilities. In order to effectively use
their time, the Board finds it necessary to divide duties and responsibilities among the Board
members.
2. Assignments To Ongoing Committees: At the first regular meeting following the certification of
the results of each biennial election, the Board of Trustees determines each Board and
Commission Primary Liaison assignments and responsibilities for the remainder of the term of
the current standing Town Board.
a. Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in 101.2,
the Board may do so at any regular meeting of the Board.
3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of
members of the Board of Trustees)
a) Assignments to Audit Committee:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint two (2) Trustees to the Audit committee with the
Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1,
2014; Ord. 13-15, § 1, 9-22-2015)
b) Assignment to Special Committees:
Special committees may be established by the Board of Trustees. The Mayor shall
appoint all members of any special committee subject to the approval of the Board of
Trustees. (Estes Park Municipal Code 2.08.020)
4. Appointment of Mayor Pro‐ Tem: “At its first meeting following the certification of the
results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as
Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees,
or during the Mayor's absence from the Town or his or her inability to act, shall perform his or
her duties.” (Estes Park Municipal Code 2.16.010)
21
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: October 24th, 2018
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 10/23/2018
5. Special Assignments to Ad‐Hoc and Temporary Committees: The Mayor may nominate
trustees to serve on committees, community groups, or in some other capacities as a
representative of the Town, except in cases where a Board Liaison has been approved by the
Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such
appointments to the Board for approval at a regular town board meeting. The Mayor will
make every effort to distribute special assignments equitably among the members of the
Board.
6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102,
Town Committees, “Applicants for all committees will be interviewed by the Town Board, or
its designees. Any designees will be appointed by the full Town Board.”
7. Outside Committees – Outside committees are committees or boards where the Town is
represented by a member of the Board of Trustees and/or staff. These are not committees of
the Town of Estes Park and therefore the rules and guidelines for membership are those of
the outside entity not the Town. At times, they may request that the Trustees assign an
individual(s) to represent the Town, however they may also request a specific individual or
position as the Town’s representative to the committee.
8. Liaison Assignments ‐ The Mayor may nominate trustees to serve as a Board Liaison. The
Mayor shall present the nomination of any such appointments to the Board for approval at a
regular town board meeting. The Mayor will make every effort to distribute special
assignments equitably among the members of the Board.
22
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: October 24th, 2018
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 10/23/2018
Board Assignments
Mayor Pro‐Tem ‐ __ Trustee Walker______________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Valley Planning Commission Trustee Norris Randy Hunt Advisory/ Decision
Making
Estes Valley Board of Adjustment Randy Hunt Decision Making
Western Heritage Inc Trustee Cenac n/a Outside
Estes Park Museum Friends and Foundation
Inc.
Derek Fortini Outside
Ambassadors Teri Salerno Outside
Police Auxiliary Wes Kufeld Working Group
Parks Advisory Board Trustee Martchink Brian Berg Advisory
Transportation Advisory Board Trustee Bangs Greg Muhonen Advisory
Estes Valley Restorative Justice Melissa Westover Working Group
Estes Park Board of Appeals Randy Hunt Advisory/Decision
Making
Sister Cities Trustee Bangs n/a Working Group
Family Advisory Board Trustee Norris Travis Machalek Advisory
23
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: October 24th, 2018
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 10/23/2018
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Jirsa
Mayor Pro Tem
Walker, Trustee
Cenac
Frank Lancaster
Duane Hudson
Advisory
Colorado Association of Ski Towns (CAST) Voting Designee
– Mayor Jirsa
Alt Designee TA
Lancaster
n/a Outside
Platte River Power Authority Board of
Directors
Mayor Jirsa Reuben Bergsten Outside
Larimer County Open Lands Board Trustee Zornes n/a Outside
Estes Park Economic Development
Corporation Board of Directors
Mayor Pro Tem
Walker
n/a Outside
Larimer County Wasteshed Policy Group Trustee Zornes
Local Marketing District (Visit Estes Park) Mayor Jirsa,
Trustee Cenac
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
Martchink
___________________________________
Todd Jirsa
Mayor
24
Town Committees 102
Revisions: 7/25/201710/23/2018 Town of Estes Park, Town Board Policies
Effective Period: Until Superseded
Review Schedule: Annual - January
Effective Date: July 26th, 2017October 24th, 2018
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD GOVERNANCE POLICIES
102
Town Committees
1. PURPOSE
To establish a uniform Policy and Procedure process for Town of Estes Park committees
and to provide reference for cross training and training new personnel.
2. SCOPE
This Policy and Procedure applies to all Town citizen volunteer boards, commissions and
task forces, herein collectively referred to as “committees” and the appropriate staff who
support the functions of these entities. This Policy and Procedure does not apply to
internal staff committees, committees not appointed by the Town Board or outside
independent committees.
3. RESPONSIBILITY
The Town Administrator and Town staff shall be responsible for the implementation of
this Policy and Procedure.
25
Town Committees 102
Revisions: 7/25/201710/23/2018 Town of Estes Park, Town Board Policies
TABLE OF CONTENTS
1.PURPOSE ........................................................................................................................................................................ 1
2.SCOPE .............................................................................................................................................................................. 1
3.RESPONSIBILITY .......................................................................................................................................................... 1
4.PROCEDURE ................................................................................................................................................................ 43
a. Definitions ............................................................................................................................................................... 43
i. Committee Types ................................................................................................................................................................ 43
ii. Town Board Liaison .......................................................................................................................................................... 54
iii. Staff Liaison ........................................................................................................................................................................ 54
b.Terms ........................................................................................................................................................................ 65
c.Recruitment ............................................................................................................................................................ 65
i. Recruitment ........................................................................................................................................................................... 65
ii. Applications ......................................................................................................................................................................... 65
iii. Eligibility .............................................................................................................................................................................. 65
d.Selection Process .................................................................................................................................................. 76
e.Notification ............................................................................................................................................................. 87
f.Vacancies .................................................................................................................................................................. 87
g.Committee Alternatives ..................................................................................................................................... 87
h.Staff Support .......................................................................................................................................................... 87
i.Trustees Liaison ....................................................................................................................................................... 8
j.Orientation and Training .................................................................................................................................... 98
k.Bylaws ...................................................................................................................................................................... 98
l.Recognition .............................................................................................................................................................. 98
m. Ownership of Intellectual Property .......................................................................................................... 109
n.Open Meetings .................................................................................................................................................... 109
o.Decision Making ................................................................................................................................................. 109
p.Compensation and Reimbursement .............................................................................................................. 10
i.Compensation ....................................................................................................................................................................... 10
ii. Mileage ............................................................................................................................................................................. 1110
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Revisions: 7/25/201710/23/2018 Town of Estes Park, Town Board Policies
iii. Meals ................................................................................................................................................................................ 1110
iv. Expenses ........................................................................................................................................................................ 1110
q.Insurance Coverage ....................................................................................................................................... 1110
r.Conflict of Interest ................................................................................................................................................ 11
s.Gifts ...................................................................................................................................................................... 1211
t.Minutes................................................................................................................................................................ 1211
u.Agendas .............................................................................................................................................................. 1211
v.Waivers .............................................................................................................................................................. 1211
27
Town Committees 102
Revisions: 7/25/201710/23/2018 Town of Estes Park, Town Board Policies
4. PROCEDURE
NOTE: In instances where federal or state regulations and laws differ from this
policy/procedure, the federal and state laws and regulations will be followed.
a. Definitions
i. Committee Types
Committees serve many different roles within the Town. It is important that staff
and committee members fully understand the role of each committee and the
authority and responsibility for the committee and its members. To help define
these roles, each committee will be designated as to type, as defined below:
(1) Advisory Committees
An advisory committee serves a forum of citizens to advise and assist the Town
Board and/or a requesting Town department, providing them with technical and
non-technical advice on issues. Advisory committees are not authorized to
make decisions on behalf of the Town. The Town Board will consider the input
of advisory committees, as well as other community members, in making
decisions on issues. The Town Board may or may not take action that is in
agreement with the advice of a Town advisory committee. Advisory
committees may not speak for the Town or take independent positions on
issues with the public or the press. Its purpose is to advise the Town Board or
the requesting department only.
Constituent Advisory Committee: This type of advisory committee is used
as a polling type committee used to develop a sampling of community reaction
and opinion on an issue or program(s). The membership on this type of
committee should be broad based and accurately reflect the total diversity of
the larger public. Example: The Transportation Advisory Board
Content –Advice-giving Committee: This type of advisory committee is
created to give advice to the Town Board or appropriate department to aid with
decision making processes. Varied interests and opinions are encouraged, and
the advisory committee may be asked to develop specific proposals and
products for Town Board or department consideration. Membership is selected
to encourage a wide variety of input from respected individuals from the
community with specialized expertise. This advisory committee may or may not
be a demographic reflection of the community as a whole. Example – The
Parks Advisory Board
Working Group: This type of advisory committee may reflect both the content
or advisory type of committee, but is further charged with implementation of a
project or program. Example – The Police Auxiliary
(2) Quasi-judicial Committees
Some committees and commissions are defined in state statute and have
certain statutory responsibilities and authorities, as designated by statute.
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Town Committees 102
Revisions: 7/25/201710/23/2018 Town of Estes Park, Town Board Policies
Often these committees have the authority to hold formal hearings, accept
testimony, and make decisions which have some level of legal standing. These
decisions may or may not be subject to review by the Town Board. Members
of these committees must be cognizant of protecting the unbiased quasi-judicial
nature of the committee and its formal hearings. Activities of these committees
are limited to those authorities granted in statute or specifically by the Town
Board. Example – The Planning Commission
(3) Decision-Making Committees
Decision-making committees are bodies that either statutorily or as granted by
the Town Board have authority to make decisions which may include some of
the following: approving citizen requests and applications, allocating resources,
hiring or firing employees or adopting regulations. The specific authority of each
decision-making committee is defined in statute or in the bylaws as approved
by the Town Board. Examples – The Board of Adjustment, Board of Appeals
(4) Ad-Hoc Task Forces
Task forces are special ad-hoc panels created by the Town Board for a specific
project or task. Task forces are limited in duration and are not ongoing entities.
The responsibilities of the task force shall be designated by resolution by the
Town Board at the time the Town Board authorizes the formation of the task
force. The Town Board will consider the input of task forces, as well as other
community members, in making decisions on issues. The Town Board may or
may not take action that is in agreement with the advice of a Town task force.
Task forces may not speak for the Town, and are to advise the Town Board or
the appropriate department only, and are not to take independent positions on
issues with the public or the press. Examples – Bond Park Committee,
Transportation Visioning Committee
(5) Outside and Independent Committees
These are committees that may or may not be appointed wholly or partially by
the Town Board, but are independent autonomous committees, often serving
a governance role for another entity. This includes, but is not limited to the
Estes Valley Library Board, the Local Marketing District, the Estes Park
Housing Authority, and Western Heritage Inc.
ii. Town Board Liaison
The Town Trustee assigned to the committee pursuant to Governing Policy 1.7
iii. Staff Liaison
A staff position responsible for the coordination and communication with the
assigned committee and the day-to-day support for the committee.
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b. Terms
The term for committee membership shall be defined in the bylaws of each committee.
Terms for outside committees are the responsibility of the specific committee and not
the Town of Estes Park.
Terms for all committee members will be staggered with the exception of ad-hoc or
temporary committees, which may have a finite sunset.
Mid-term appointments to positions that become vacant may be made at any time or
may be postponed to the regular term period, at the discretion of the Town Board.
Unless otherwise specified by statute, members of a committee serve at the pleasure
of the Town Board, have no property interest or entitlement in their membership or
office and may be removed at any time for any reason by the Town Board.
c. Recruitment
The Town Clerk will publicize and advertise committee vacancies each year, and on
an as-needed basis throughout the year, utilizing paid advertising, press releases to
electronic and print media, the Town website, and other produced materials that might
engage interested residents. Applications shall be available on the Town website, at
Town Hall and at the Estes Valley Library.
i. Recruitment
Current committee members are encouraged to help recruit potential committee
members, especially when specific targeted populations or expertise is required.
Staff and Trustees may encourage individuals to apply for any open committee
position, however they must be clear that the authority to appoint to a committee
is solely the responsibility of the Board of Trustees, and there is no implied promise
or guarantee of appointment.
ii. Applications
All citizens interested in serving on a committee shall complete an official Town
application. These applications will be available from the Town Clerk’s office and
on the Town website. Applications must be returned by the deadline to the Town
Clerk’s office. Online applications are accepted from the Town website.
Citizens may apply for up to three committees at a time. When applying for more
than one committee, applicants should prioritize their requests on the committee
application form.
iii. Eligibility
Eligibility for any committee shall be defined in the bylaws of each committee.
However, except by special circumstance as approved by the Town Board, all
members of any Town committee shall be residents of the Town of Estes Park.
No individual who is currently serving a sentence after being convicted of a felony
may serve on any Town board. Due to the time commitment involved, and to allow
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as many citizens the chance to participate in Town committees, serving on more
than one Town committee at a time is discouraged. However, the Town Board
reserves the right to appoint individuals to multiple committees when, in the opinion
of the Town Board, it is in the best interest of the Town.
d. Selection Process
The Town Board will seek the most qualified diverse applicants with applicable special
interest and expertise. In general, only the Town Board will select appointments to a
Town committee. Existing committee members may assist with the recruitment of new
members, but should not screen, interview or make recommendations for
appointments, unless specifically requested to do so by the Town Board.
Selection to the committees will be carried out as follows:
1. The Town Board or its designee(s) will review the applications.
2. The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
3. The Trustees or their designee may conduct reference checks or background
checks on applicants when, in the opinion of the Town Board or its designee(s),
it is in the best interest of the citizens of the Town of Estes Park. No such
checks will be completed without the informed consent of the applicant.
4. Applicants for all committees will be interviewed by the Town Board, or its
designees. Any designees will be appointed by the full Town Board.
a. Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
b. Prior to candidate interviews, the Town Board or its designee(s)
assigned to conduct the interviews shall develop selection and
evaluation criteria for review of the candidates.
5. The Trustees may request assistance from the staff liaison and other
committee members.
6. Recommendations from the interview team will be made to the Town Board,
which will make the appointment(s).
Incumbent committee members who are eligible for reappointment will be contacted
by the Town Clerk’s office to assess their interest in being reappointed. Members who
desire reappointment will be considered along with all other applicants. Incumbents
may be interviewed by the Town Board or its designee, at the discretion of the Town
Board.
By agreeing to serve on a Town committee, the member agrees to abide by this policy
of the Town Board. Any committee member who violates the terms of this Policy and
Procedure or the bylaws of the committee may be asked to resign or be removed from
the committee by the Town Board.
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e. Notification
The Town Clerk’s office will notify applicants of scheduled interviews. The Town
Clerk’s office will promptly notify applicants and incumbents requesting
reappointment, of appointments and the status of their applications.
f. Vacancies
The Town Clerk’s office will keep all applications on file for one year. If vacancies
occur during the year, the position may be filled from the current list of applicants using
the selection process delineated or through advertising for interested volunteers. For
difficult to recruit committees, applications may be kept on file for two years.
Resignations from any committee should be addressed in writing to the Town Board
or Town Administrator.
g. Committee Alternatives
No Town committee will have members designated as alternates. All members, other
than those designated as ex-officio or associate, shall have full membership and
voting privileges on all Town committees.
Where federal or state laws or municipal ordinances require alternates Section
102.3.7.1 is waived.
Alternate/non-voting members who wish to become regular members must complete
an application for the appropriate committee.
h. Staff Support
Staff support is available to committees through the staff liaison assigned to support
each committee.
It is the responsibility of the Town Board, in coordination with the staff liaison to provide
the necessary budget and other resources for any committee to perform its assigned
duties.
It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
Staff support and staff liaisons will not be members of the committee to which they are
assigned.
It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
i. Trustees Liaison
Individual Trustees may be assigned as liaisons to a committee by the Town Board.
The role of the Trustee liaison is:
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To serve as the primary two-way communication channel between the Town
Board and the committee.
If so designated by the Town Board, to review applications, interview
candidates and make recommendations to the Town Board for approval.
Serve as the primary Town Board contact with the committee.
Attend assigned committee meetings when requested or whenever
appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not
expected to attend every meeting of the committee.
Any Trustee may attend the meeting of any committee; however they should
notify the official Town Board liaison in advance of attending. This notification
will allow the liaison to know when a quorum of the Town Board may be
attending the committee meeting and to notify the Town Clerk so the
appropriate public notifications can be made, in compliance with the Colorado
Open Meetings Act.
The liaison is not a member of the committee and when in attendance at a
committee meeting, shall be there as an observer for the Town Board.
Participation in committee discussions should be minimal and restricted to
clarification of Town Board positions or collection of information to bring back
to the full Town Board.
j. Orientation and Training
Staff liaisons should provide new committee members with pertinent materials that will
assist new members in becoming fully functioning members of the committee,
including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly
inform all new members of the role of the committee and the responsibilities and
authority of the committee. Established committee members are encouraged to share
their experience and knowledge with new members. New members are encouraged
to attend meetings before their term begins. All new committee members shall receive
and acknowledge the receipt of the Town of Estes Park Volunteer Manual.
k. Bylaws
Each committee shall adopt bylaws that are consistent with these policies. A copy of
the bylaws shall be sent to the Clerk’s office prior to adoption, for staff and Town Board
review. This Policy and Procedure shall be incorporated, by reference, into the bylaws
of all Town committees, The bylaws shall include a description of the objectives and
duties or tasks of the committee, as set by the Town Board or the appropriate
department.
l. Recognition
The Town Board shall recognize the Town’s volunteers annually, in a manner
determined by the Town Board.
The Town Board will send a letter of appreciation to all outgoing committee members
in good standing.
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m. Ownership of Intellectual Property
Any documents, articles, reports or correspondence, recommendations or other
products produced by a Town committee shall be the sole property of the Town of
Estes Park.
No committee or member of a committee may copyright or in any other way take
ownership for any documents, articles, recommendations or other products produced
as a function of the Town committee.
All documents and correspondence produced as part of the regular business of any
committee shall be subject to the same open records policies applicable to all Town
documents and correspondence.
All documents and publications of any Town committee must be clearly identified as
belonging to or originating from the Town of Estes Park.
n. Open Meetings
All meetings and actions of any committee shall be in full compliance with state
statutes governing open meetings. It is the responsibility of the staff liaison to be
familiar with these statutes and regulations.
o. Decision Making
Any actions, recommendations or discussions of any committee shall be limited to the
defined objectives of the body as described in the approved bylaws.
A common point of misunderstanding with committees and citizens is the role of the
committee in decision making and the type of decision making to be employed by the
committee for a particular issue. The Town Board realizes that not one method of
decision making fits all situations; however it is important that the type of decision be
declared early in the process of public discourse. The type of decision process is
dependent on the issue involved, the time frame available and the amount of public
participation desired.
It is the responsibility of the staff liaison to assist the committee in its decision-making
process and to train new and existing members in the appropriate responsibilities and
authorities of the committee and its members. Staff liaisons are not to exert undue
influence during the decision-making process, but only to keep the decision making of
the committee in agreement with the objectives set by the Town Board.
p. Compensation and Reimbursement
i. Compensation
Citizens who serve on Town committees do so as volunteers. There will be no
financial compensation or reimbursement of expenses, except as noted below, for
any volunteers on any committee.
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ii. Mileage
Committee members may request reimbursement for mileage to attend any
committee function if the member must travel greater than 10 miles from their
residence. Mileage will be reimbursed at the rate currently adopted for Town travel
by the Town Board. The staff liaison is responsible for approving mileage
reimbursements for committees within the budget provided by the Town Board.
iii. Meals
Meals may be provided by the Town as part of regular meetings of the committee,
as budgeted.
iv. Expenses
Members of committees may be reimbursed for out-of-pocket costs associated
with the business of the committee provided the expenditures have been
previously budgeted by the Town Board and authorized in advance by the
assigned staff liaison or Town Administrator. (For example, office supplies, copies,
printing, etc.) Other expenses may be reimbursed if, in the judgment of the staff
liaison, such reimbursement is in the best interest of the Town.
q. Insurance Coverage
General liability (liability other than auto, including general, law enforcement and
professional) is provided to all volunteers.
Volunteers are not covered by the Town’s workers’ compensation coverage. Any
injuries incurred while volunteering is the responsibility of the individual volunteer.
Specific to automobile insurance, both physical damage and legal liability for bodily
injury or death is covered for all volunteers driving town vehicles, subject to coverage
limits pursuant to the Town’s coverage. In addition, liability is covered for all volunteers
driving their personal vehicles on Town business; however the following claims are
excluded from coverage.
Bodily injury or death to passengers (including friends and family) who are not
on official town business.
Physical damage to non-Town owned vehicles used on Town business.
Property insurance is not provided to any personal property of the volunteer.
r. Conflict of Interest
A conflict of interest occurs when a person’s private, personal relationships or interests
conflict so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
Members of committees shall not use their membership for private gain, and shall act
impartially and not give preferential treatment to any private organization or individual.
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A member of any committee who has a personal or private interest in a matter
proposed or pending shall disclose such interest to the committee; shall not vote on
the item; and shall not attempt to influence the decisions of other members voting on
the matter.
s. Gifts
Acceptance of or giving of any gifts by a committee member, which could lead to a
conflict of interest, is prohibited. In particular, no member of any committee may
accept or give a gift in excess of the value specified in Article XXIX of the Colorado
State Constitution, from any individual, organization, contractor, or any other entity
which does business with the Town or has any control of or interest in Town business
related to the activities of his or her particular committee.
t. Minutes
Minutes shall be recorded of all meetings of any Town committee that are subject to
the Colorado Open Meetings Act. Approved or draft minutes should be posted as
soon as practicable after the meeting in question. Committees are strongly
encouraged to post draft minutes prior to the final approval of the minutes at the next
meeting of the committee. At a minimum, minutes shall be published on the Town
website within seven days of approval by the committee.
Minutes should record any formal actions taken by the committee. Minutes are not
intended to be verbatim transcripts of the meeting. The amount of detail included in
the minutes beyond the recording of actions is left to the discretion of each committee.
u. Agendas
Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
v. Waivers
Any section of this policy can be waived by a majority vote of the Town Board.
w. Sunset Review
In accordance with Governing Policy 1.6.1.8, all committees will undergo a regular
sunset review, at least once every five years, unless otherwise provided for more
frequently and according to a staggered schedule to be adopted separately by the
Board of Trustees. This applies only to non-statutorily required boards/commissions.
Board/Committee Initial Sunset review (then every five years
thereafter)
Parks Advisory Board October 2017
Transportation Advisory Board October 2017
Family Advisory Board April 2019
Pup Committee March 2018
CD/CS Committee March 2018
Community Grant Review Committee October 2018
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Audit Committee October 2018
Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
37
38
RESOLUTION #23-18
CONTINUANCE OF BOARD AUDIT COMMITTEE
WHEREAS, The Board of Trustees of the Town of Estes Park has formed an
Audit Committee to supervise and review the annual financial audits of the Town, and
WHEREAS, Board policy 102 calls for a sunset review of all discretionary
boards, commissions and committees on a scheduled basis to ensure that all existing
boards, commissions and boards still serve a viable purpose for the Town; and
WHEREAS, the Audit Committee is scheduled for sunset review in October of
2018
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That there is an ongoing need for the Board Audit Committee and said committee
should remain active until the next scheduled sunset review in 2023
DATED this ____ day of _________________, 2018.
TOWN OF ESTES PARK
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
39
40
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brian Wells, Transit Program Manager
Greg Muhonen, Public Works Director
Date: October 23, 2018
RE: Approval of CDOT Grant Agreement for One Battery-Electric Trolley
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Approve Grant
Agreement
QUASI-JUDICIAL YES NO
Objective:
Staff seeks approval of the Colorado Department of Transportation (CDOT) grant
agreement to purchase one battery-electric trolley.
Present Situation:
Estes Transit (Transportation Division) has served 81,496 riders (to date) in 2018.
26,872 passengers rode the existing trolley.
Through the 2018 shuttle season, the Town has served 793,492 riders.
The public is increasingly aware of the positive environmental impact of no emission
vehicles.
The Town’s free trolley service downtown is a popular amenity, attracting double the
ridership of a regular shuttle bus.
Proposal:
The 2017 Federal Transportation Administration (FTA) 5339b (capital funds for bus
replacement) grant application was approved by FTA in early 2018. The federal grant
funds are pass-through funds administered by CDOT on behalf of the FTA. The
agreement allows the Town to move forward with acquisition of a new replacement
trolley, authorizing the matching funds to be administered by CDOT, which the Town will
utilize as reimbursement for the new replacement trolley following delivery of the trolley
in 2019.
The 2017 FTA 5339b grant will fund $360,044.00 (80% of total costs--maximum award
amount). The funds are to be expended no later than December 31, 2020. The Town is
41
responsible for $90,111.00 (20% of the total cost), to complete the purchase. These
local funds were budgeted in 2018 with savings from the parking structure project. The
total project cost is $450,056.00.
Advantages:
The new replacement trolley will allow the Town the opportunity to take advantage of
renewable, clean electricity as the power source with zero emissions.
The Town’s existing trolley will move to spare status.
The Town’s continued effort to enhance guest experiences will be realized as more
people continue to use the outlying parking at the parking structure at the Estes Park
Visitor Center then use the trolley to access the downtown area.
Disadvantages:
Not accepting the grant could negatively impact future grant opportunities.
Continued regular use of the Town’s existing trolley will result in higher costs related
to fuel consumption, maintenance (the trolley was out of service for 20 days in
2018), and higher emission levels.
Action Recommended:
Staff recommends the Town of Estes Park accept the agreement to purchase the
battery-electric trolley.
Finance/Resource Impact:
The 2018 and 2019 Transit budget information is attached, showing the purchase
expense and grant reimbursement.
Transit Budget #101-5600-456-##-##
Level of Public Interest
Strong ridership demonstrates the public interest in our transit program is high.
Sample Motion:
I move for approval/denial of the agreement with CDOT to provide grant funding to
purchase a battery-electric trolley for the Town of Estes Park as specified in the
Agreement.
Attachments:
CDOT Grant Agreement with the Town of Estes Park.
2018 Town of Estes Park Transportation Division Budget
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CDOT – Division of Transit and Rail
SAP PO #: 491001765
Routing #: 19-HTR-ZL-00073
DUNS #: 078355450
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FTA5339(B.) Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11
Page 1 of 46
STATE OF COLORADO
Colorado Department of Transportation
Division of Transit and Rail
FTA Section 5339(b.) Grant Agreement
with
TOWN OF ESTES PARK
TABLE OF CONTENTS
1. PARTIES ............................................................................................................................................... 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .................................................................. 1
3. RECITALS ............................................................................................................................................ 2
4. DEFINITIONS ....................................................................................................................................... 2
5. TERM .................................................................................................................................................... 4
6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN ........................................................... 4
7. PAYMENTS TO GRANTEE ................................................................................................................ 5
8. REPORTING - NOTIFICATION .......................................................................................................... 6
9. GRANTEE RECORDS .......................................................................................................................... 7
10. CONFIDENTIAL INFORMATION-STATE RECORDS..................................................................... 8
11. CONFLICTS OF INTEREST ................................................................................................................ 8
12. REPRESENTATIONS AND WARRANTIES ...................................................................................... 9
13. INSURANCE ......................................................................................................................................... 9
14. BREACH ............................................................................................................................................. 10
15. REMEDIES.......................................................................................................................................... 11
16. NOTICES and REPRESENTATIVES ................................................................................................ 13
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................ 13
18. GOVERNMENTAL IMMUNITY ....................................................................................................... 13
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................. 13
20. GENERAL PROVISIONS .................................................................................................................. 14
21. COLORADO SPECIAL PROVISIONS .............................................................................................. 15
22. SIGNATURE PAGE............................................................................................................................ 18
23. EXHIBIT A .......................................................................................................................................... 19
24. EXHIBIT B .......................................................................................................................................... 24
25. EXHIBIT C .......................................................................................................................................... 25
26. EXHIBIT D .......................................................................................................................................... 29
27. EXHIBIT E .......................................................................................................................................... 34
1. PARTIES
This Grant (“Grant”) is entered into by and between TOWN OF ESTES PARK (“Grantee”), and the STATE OF
COLORADO acting by and through the Colorado Department of Transportation, Division of Transit and Rail
(“State” or “CDOT”). Grantee and the State hereby agree to the following terms and conditions.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (“Effective Date”). Except as provided in Section 7(B)(ii), the State shall not be liable to pay or
reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or
be bound by any provision hereof prior to the Effective Date.
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CDOT – Division of Transit and Rail
SAP PO #: 491001765
Routing #: 19-HTR-ZL-00073
DUNS #:078355450
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3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1-702 and
43-2-101(4)(c) as amended, and funds have been budgeted, appropriated and otherwise made available
pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149 and a sufficient
unencumbered balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
In accordance with 49 USC §5339(b), the purpose of this Grant is to provide capital funding to improve the
condition of the nation’s public transportation bus fleets, expand transportation access to employment,
educational, and healthcare facilities, and to improve mobility options in rural and urban areas throughout
the country. The work to be completed under this Grant by the Grantee is more specifically described in
Exhibit A.
D. References
All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or
other attachments, are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
“Budget” means the budget for the Work described in Exhibit A.
B. Evaluation
“Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in
§6 and Exhibits A, B, C, D, and E.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work and
Budget), Exhibit B (Verification of Payment), Exhibit C (Supplemental Federal Provisions for Federally
Funded Contracts, Grants, and Purchase Orders-FFATA), Exhibit D (Supplemental Federal Provisions for
Federal Awards) and Exhibit E (Required Third Party Contract/Agreement Clauses).
D. Federal Funds
“Federal Funds” means the funds provided by the Federal Transit Administration (“FTA”) to fund
performance of the work.
E. Goods
“Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
F. Grant
“Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein.
G. Grant Funds
“Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant.
H. Grantee
“Grantee” for the purposes of this Grant means the Grantee named in Section 1.
I. Local Funds
“Local Funds” means funds provided by any city, county, or entity (public or private) for performance of
the Work and includes in-kind contribution.
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CDOT – Division of Transit and Rail
SAP PO #: 491001765
Routing #: 19-HTR-ZL-00073
DUNS #:078355450
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J. Master Agreement
“Master Agreement” means the FTA document incorporated by reference and made part of FTA’s standard
terms and conditions governing the administration of a project supported with federal assistance awarded
by FTA.
K. Other than Urbanized (Non-urbanized) Area
“Other than Urbanized (Nonurbanized) Area” means any area outside of an urbanized area. The term
“nonurbanized area” includes Rural Areas and urban areas under 50,000 in population not included in an
Urbanized Area.
L. Party or Parties
“Party” means the State or Grantee and “Parties” means both the State and Grantee.
M. Project
“Project” means Work identified in Exhibit A.
N. Public Transportation
“Public Transportation” for purposes of the federal transit program, has the same meaning as “transit,” and
“mass transportation,” and:
(1) Includes transportation by a conveyance that provides regular and continuing:
a. General transportation to the public, or
b. Special transportation to the public, but
(2) Does not include:
a. School bus transportation,
b. Charter transportation
c. Sightseeing transportation,
d. Intercity bus transportation, or
e. Intercity passenger rail transportation provided by Amtrak or a successor to the entity
described in 49 USC chapter 243 (Amtrak).
O. Review
“Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6, §19 and Exhibit A.
P. Rural Area
“Rural Area” means an area with low population and density outside the boundaries of an urban area.
However, the term “rural” is commonly used to refer to all areas other than urbanized areas and is so used
in this Grant.
Q. Services
“Services” means the required services to be performed by Grantee pursuant to this Grant.
R. Subgrantee
“Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
S. Third Party Participant
“Third Party Participant” means, unless FTA determines otherwise in writing, all participants in the
Grantee’s Project that are not CDOT or FTA, such as:
1. Subgrantees,
2. Lessees,
3. Third party contractors,
4. Third party subcontractors, and
5. Other participants in the Grantee’s Project.
T. Urban Area
“Urban Area” means an area that includes a municipality or other built-up place that the Secretary of
Commerce, after considering local patterns and trends of urban growth, decides is appropriate for a local
public transportation system to serve individuals in a locality.
U. Urbanized Area
“Urbanized Area” means an area encompassing a population of not less than 50,000 people that has been
defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of
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CDOT – Division of Transit and Rail
SAP PO #: 491001765
Routing #: 19-HTR-ZL-00073
DUNS #:078355450
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Commerce. “Small urbanized areas” as used in the context of FTA formula grant programs are urbanized
areas with a population of at least 50,000 but less than 200,000.
V. Work
“Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
W. Work Product/Deliverable
“Work Product” or “Deliverable” means the tangible or intangible results of Grantee’s Work, including, but
not limited to, software, research, reports, studies, data, photographs, negatives or other finished or
unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including
drafts.
5. TERM
A. Initial Term-Work Commencement
This Agreement shall commence on the Effective Date, and funds shall be expended by December 31,
2020 (the “End Date”) as detailed under the Project Schedule in Exhibit: A. If the Work shall be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit A. This Grant shall terminate on December 31, 2020 unless sooner
terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant (and not merely seeking a term extension) at or near the end of any intial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before December 31, 2020. Except as provided in §7(B)(ii), the State shall not be liable to compensate
Grantee for any Work performed prior to the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantee(s) shall be considered Grantee’s or Subgrantee’s
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
D. Federal Laws, Rules and Regulations
If the Grant Funds involves federal funding, Grantee understands and agrees that federal laws, rules and
regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee
agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to
all State requirements.
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7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using
the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $360,044.00, as determined by
the State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as
set forth in Exhibit A.
B. Payment
i. Matching Funds
The Subrecipient shall provide matching funds as provided in §7 and Exhibit A. Subrecipient shall
have raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. The Subrecipient’s obligation to pay all or any part
of any matching funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Agreement by the authorized representatives of the
Subrecipient and paid into the Subrecipient’s treasury or bank account.
The Subrecipient represents to the State that the amount designated “Subrecipient’s Matching
Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its
authorized representatives and paid into its treasury or bank account. The Subrecipient does not by
this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this
Agreement is not intended to create a multiple-fiscal year debt of the Subrecipient. The Subrecipient
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature,
except as required by the Local Agency’s laws or policies.
ii. Retroactive Payments
The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the
Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and
regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such
retroactive payments shall comply with State Fiscal Rules and be made in accordance with the
provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting
invoices to the State in the form and manner set forth and approved by the State. As authorized by
the FTA, such Grantee share (local funds) may include costs or expenses incurred or performance by
the Grantee prior to the Effective Date.
iii. Reimbursement of Subrecipient Costs
The State shall reimburse the Subrecipient’s allowable costs, not exceeding the maximum total
amount described in Exhibit A and §7. The State shall reimburse the Subrecipient for the federal
share of properly documented allowable costs related to the Work after review and approval thereof,
subject to the provisions of this Agreement and Exhibit A. However, any costs incurred by the
Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of
preaward costs and indication that the Federal Award funding is retroactive. Allowable costs shall
be:
a) Reasonable and Necessary
Reasonable and necessary to accomplish the Work and for the Goods and
Services provided.
b) Net Cost
Actual net cost to the Subrecipient (i.e. the price paid minus any items of
value received by the Subrecipient that reduce the cost actually incurred).
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State’s
current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability
of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal
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funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent
upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only
from available funds encumbered for this Grant and the State’s liability for such payments shall be
limited to the amount remaining of such encumbered funds. If State or federal funds are not
appropriated, or otherwise become unavailable to fund this Grant, the State may immediately
terminate this Grant in whole or in part without further liability in accordance with the provisions
herein.
v. Invoicing
Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Grant. Grantee shall initiate any payment requests by
submitting invoices to the State in the form and manner set forth and approved by the State.
vi. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid
by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided,
however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute.
Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing
shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate.
vii. Closeout
The Subrecipient shall close out this Grant within 90 days after the End Date. Grant close out entails
submission to the State by the Subrecipient of all documentation defined as a Deliverable in this
Agreement, and Subrecipient’s final reimbursement request. The State shall withhold 5% of the
allowable costs until all final project documentation has been submitted and accepted by State as
substantially complete. If the project has not been closed by [Federal awarding agency] within 1
year and 90 days after the End Date due to Subrecipient’s failure to submit required documentation
that the State has requested from the Subrecipient, then the Subrecipient may be prohibited from
applying for new Federal Awards through the State until such documentation has been submitted and
accepted.
viii. Erroneous Payments
The closeout of a federal award does not affect the right of [Federal Awarding Agency] or [PTE] to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the record retention period.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State, if applicable.
A. Performance, Progress, Personnel, and Funds
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual and/or
Exhibits A, C, D, and E.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal
representative as identified herein. If the State’s principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of CDOT.
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C. Noncompliance
Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
D. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
State laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
E. Performance and Final Status
Party shall submit, all financial, performance, and other reports to State no later than 90 calendar days after
the End Date or sooner termination of this Agreement containing an Evaluation and Review of
Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
F. Violations Reporting
Subrecipient must disclose, in a timely manner, in writing to the State and to the Federal Awarding Agency
responsible for issuance of the Federal Award, all violations of Federal or State criminal law involving
fraud, bribery, or gratuity violations potentially affecting the Grant. Penalties for noncompliance may
include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
Retention Period) for a period of three years following the date of submission to the State of the final
expenditure report, or if this Grant is renewed quarterly or annually, from the date of the submission of
each quarterly or annual report, respectively. If any litigation, claim, or audit related to the Grant starts
before expiration of the Record Retention Period, the Record Retention Period shall extend until all
litigation, claims, or audit findings have been resolved and final action taken by the State or Federal
Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect
costs, and the State may notify Grantee in writing that the Record Retention Period shall be extended. For
records for real property and equipment, the Record Retention Period shall extend three years following
final disposition of such property.
B. Inspection
Grantee shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with
Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re-
performance or other corrective measures, the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or in equity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
examination of program data, special analyses, on-site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee’s performance hereunder.
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D. Final Audit Report
If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the
address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
any State records, personnel records, and information concerning individuals. Such information shall not
include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101 et
seq.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State’s
principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. To the extent permitted by
law, the Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any
and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or
assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Subrecipient shall not engage in any business or personal activities or practices or maintain any relationships
that conflict in any way with the full performance of Subrecipient’s obligations hereunder. Such a conflict of
interest would arise when a Subrecipient’s employee, officer or agent, or any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or receives a tangible personal benefit from Subrecipient’s receipt of
the Federal Award and/or entry into this Grant Agreement. Officers, employees and agents of the Subrecipient
may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
Subrecipient acknowledges that with respect to this Grant Agreement, even the appearance of a conflict of
interest is harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full performance
of Subrecipient’s obligations to the State hereunder. If a conflict or the appearance of a conflict exists, or if
Subrecipient is uncertain whether a conflict or the appearance of a conflict of interest exists, Subrecipient shall
submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure
to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict
constitutes a breach of this Grant Agreement.
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12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State
in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority – Grantee and Grantee’s Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet
Subgrantee’s liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar to
the following:
i. Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
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ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
Insurance policy (leases and construction Grants require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such
notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
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15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period
set forth in §14(B), provided however, that the State may terminate this Grant pursuant to §15(B) without a
breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or
consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver
to the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders
or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect
and preserve property in the possession of Grantee in which the State has an interest. All materials
owned by the State in the possession of Grantee shall be immediately returned to the State. All Work
Product, at the option of the State, shall be delivered by Grantee to the State and shall become the
State’s property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If,
after termination by the State, it is determined that Grantee was not in breach or that Grantee's action
or inaction was excusable, such termination shall be treated as a termination in the public interest
and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in
the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State
may withhold any amount that may be due to Grantee as the State deems necessary to protect the
State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse
the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable
for excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which
shall be governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Grant.
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ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same
obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount
which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable
to Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State’s directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and
completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while
performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or
Grantee the right to use such products and services; (b) replace any Goods, Services, or other product
involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither
of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products
and refund the price paid therefore to the State.
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16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Jane Hickey
Division of Transit and Rail
2829 W. Howard Place
Denver, CO 80204
303-757-9237
jane.hickey@state.co.us
B. Grantee:
Brian Wells
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO, 80517
970-577-3963
bwells@estes.org
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Grantee agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish
or otherwise use and to authorize others to use the Work Product described herein, for the Federal Government
and State purposes. All Work Product shall be delivered to the State by Grantee upon completion or termination
hereof.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for
claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA
and the risk management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at anytime thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Contract Management System.
Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions
of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.
Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and
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Grantee’s performance will be systematically recorded in the statewide Contract Management System. Areas of
Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of
information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the
specific requirements of such obligations and shall include factors tailored to match the requirements of
Grantee’s obligations. Such performance information shall be entered into the statewide Contract Management
System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30
days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review,
and shall address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause, may
debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation,
Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the
evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the
debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in federal or Colorado State
law, or their implementing regulations. Any such required modification automatically shall be
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incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
H. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Exhibit E (Supplemental Federal Provisions),
ii. Exhibit D (Grantee Certification and Assurances),
iii. Colorado Special Provisions,
iv. The provisions, of the main body of this Grant,
v. Exhibit A (Contract Objective Plan),
vi. Exhibit B (Contract Evaluation Data and Contract Financial Budget), and
vii. Exhibit C (Any executed Grant Funding Change Letter).
I. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
J. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
K. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
L. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not create any rights for such third parties.
M. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
N. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-101, et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5)
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
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C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any
of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability
or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b) provide
proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW
Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
Grant, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and
24-50-507
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4
[Not applicable to intergovernmental agreements]
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor
offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et
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seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)
amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing
to the State as a result of final agency determination or judicial action.
K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or
information technology services or products and services]
Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien
who will perform work under this Grant and will confirm the employment eligibility of all employees who
are newly hired for employment in the United States to perform work under this Grant, through
participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),
Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or
enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly
employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-
Verify Program or State program procedures to undertake pre-employment screening of job applicants
while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within
three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal
alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by
the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee
shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and
shall comply with all of the other requirements of the State program. If Grantee fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher
education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall
be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
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22.SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and
acknowledge that the State is relying on their representations to that effect.
GRANTEE
TOWN OF ESTES PARK
By:
_______________________________________________________________________________________________________________
Print Name of Authorized Individual
Title:
______________________________________________________________________________________________________________
Print Title of Authorized Individual
____________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Transportation
Michael P. Lewis– Executive Director
_______________________________________
By:
Signatory avers to the State Controller or delegate that, except as
specified herein, Grantee has not begun performance or that a
Statutory Violation waiver has been requested under Fiscal Rules
Date: _________________________
2nd Grantee Signature if Needed
By:
_______________________________________________________________________________________________________________
Print Name of Authorized Individual
Title:
______________________________________________________________________________________________________________
Print Title of Authorized Individual
____________________________________________
*Signature
Date: _________________________
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and
dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If
Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Colorado Department of Transportation
Date:_____________________
Todd A. Jirsa
Mayor
Frank Lancaster
Town Administrator
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23. EXHIBIT A - SCOPE OF WORK AND BUDGET
Project
Description* One Replacement Electric Bus (Trolley) ALI 11.12.09
Federal Award
Date September 10, 2018
Subrecipient Estes Park, Town of DUNS 078355450
Contact Name Brian Wells Vendor
Number 2000306
Address PO Box 1200
Estes Park, Colorado 80517 Phone
(970) 577-3963
Email bwells@estes.org Indirect
Rate N/A
FAIN CO-2018-019 CFDA 20.526
Project Budget **WBS:
17-39-0013.ESTE.111
Federal (FTA) Funds Encumbered (at 80% or less) $360,044.00
Local Funds (at 20% or more) $ 90,011.00
Total Project Budget Amount $450,055.00
Total Project Amount Budgeted via this Grant
Agreement $450,055.00
*This is not a research and development grant.
**The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT’s
discretion.
A. Project Description
Town of Estes Park shall use 2017 FTA-5339(b), along with local matching funds, to purchase One Replacement
Electric Bus (Trolley) as more fully described below. The purchase will fulfill the goals of the Statewide Transit
Plan.
Town of Estes Park shall use capital funds to purchase:
Options may include but are not limited to, the following:
● ADA equipped wheel chair lift
● Air conditioning (front/back)
● Passenger area windows that open at least partially
The vehicles being purchased are to replace existing vehicles in the fleet, as listed below:
VIN# COTRAMS
Inventory Number Year Model Make
5B4LPC8G153398665 INV-00017900 2005 Villager Trolley –
GMC Workhorse
Double K – Hometown
Trolley
ALI Name QTY Fuel Type Description FTA Amount ADA Compliance
11.12.09 1 Electric Trolley $360,044 ADA Compliant
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B. Performance Standards
1. Project Milestones
2. Town of Estes Park shall use the Capital Asset(s) purchased in its transit operations and shall perform regularly
recurring maintenance with specific performance measures tied to the Town of Estes Park written maintenance
plans, including manufacturer’s recommendations and warranty program(s). Town of Estes Park will measure
whether this project is successful and improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the grant agreement. Town of Estes Park shall report to the CDOT
Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes.
b. Milestone or completion dates were not met.
c. Identification of problem areas and how the problems will be resolved.
d. Expected impacts and the efforts to recover from delays.
4. Town of Estes Park must comply and submit all reimbursements and reports associated, including the
assignment of “Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition
of project closeout.
C. Project Budget
1. The Total Project Budget is $450,055.00. The State will pay no more than 80% of the Total Project Budget
costs up to the maximum federal amount of $360,044.00. In the event the final, actual Project cost is less than
the maximum allowable cost the State is not obligated to provide any more than 80% of the Total Project
Budget costs. The State will retain any remaining balance of the federal share. Town of Estes Park shall be
solely responsible for all costs incurred in the Project in excess of the amount paid by the state from federal
funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of
$360,044.00 (80%), and matching Local Funds of $90,011.00 (20%), will be encumbered for this Grant
Agreement.
2. No refund or reduction of the amount of Town of Estes Park’s share to be provided will be allowed unless there
is at the same time a refund or reduction of the federal share of a proportionate amount.
3. Town of Estes Park may use eligible federal funds for the local share, but those funds cannot be from other
Federal Department of Transportation (DOT) programs. Town of Estes Park’s share together with the federal
share must be enough to ensure payment of Total Project Budget.
4. The State shall have no obligation to provide State funds for use on this Project. The State will administer
federal funds for this Project under the terms of this Grant Agreement, provided that the federal share of FTA
funds to be administered by the State are made available and remain available. In no event shall the State have
any obligation to provide State funds or provide federal FTA funds for Town of Estes Park’s share of the
Project. Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of
Estes Park to provide its share of the total project budget at or prior to the time that such funds are needed to
meet the total project budget.
Milestone Description Original Est.
Complete Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 10/31/2018
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager for
Approval 10/31/2018
Take Delivery of (First) Vehicle/Equipment/Project Property 04/01/2019
Submit Reimbursement Request in COTRAMS 04/15/2019
Take Delivery of and Accept All Vehicles/Equipment/Project Property 05/13/2019
IMPORTANT NOTE: All milestones (except for the final reimbursement requests) in this scope of work must be completed
no later than the contract expiration date of 12/31/2020.
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D. Procurement
Procurement of this Capital Asset will comply with State procurement procedures, DTR Procurement Guidebook, as
well as the FTA’s requirements, and 2 CFR 200.320.
In addition to the State requirements outlined below, State and FTA procedures (where applicable) for purchase of
this Capital Asset must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project
Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Estes Park shall request a
Purchase Authorization (PA), and submit a vendor quote for the Capital Asset in COTRAMS. The PA must
identify a manufacturer found on the FTA's certified transit vehicle manufacturer (TVM) list. Only those
TVM’s listed on FTA's TVM list, or that have submitted a goal methodology to FTA that has been approved or
has not been disapproved, at the time of solicitation are eligible to bid on FTA funded vehicle procurements.
4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Capital Asset is
ordered, the CDOT Project Manager shall be notified in COTRAMS by Town of Estes Park of the agreed upon
delivery date.
5. Upon delivery, the Town of Estes Park shall be responsible for having the Capital Asset inspected and accepted
within fifteen (15) working days of delivery. If defects prevent acceptance of the Capital Asset, Town of Estes
Park will contact the vendor to resolve any defects and notify CDOT.
6. Town of Estes Park shall be responsible for reimbursing the selected vendor within forty-five (45) calendar
days after acceptance of the Capital Asset.
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Estes Park upon submission of a
complete reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement
effective dates.
Accepted reimbursement packets will include the following completed documents:
1. Procurement Concurrence Request (PCR) - To include an Independent Cost Estimate
2. Purchase Authorization (PA) - To include the Vendor Quote
3. Signed Notice of Acceptance (NA) form - To include an inspection checklist (your own or the one provided)
4. Signed Security Agreement (SA)
5. Application for Title showing “Colorado Department of Transportation” as the lienholder
6. Invoice from vendor
7. Proof of payment to vendor
8. Post Delivery Certifications
9. Any other pertinent documents
F. Federal Interest-Service Life
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated do not excuse minimum useful
life requirements.
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FTA maintains its share of the remaining federal interest upon disposition of federally assisted property before the
end of its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions
of FTA C 5010.E1 Chapter IV(4)(o)(1).
Minimum useful life is determined by years of service or accumulation of miles whichever comes first, in
accordance with FTA C. 5010.E1 Chapter IV(4)(f)(2).
Town of Estes Park shall not dispose or otherwise release the Capital Asset to any other party while there is Federal
Interest in the Capital Asset without approval from the CDOT Project Manager.
The Town of Estes Park is responsible to make the request to the CDOT Project Manager in a timely manner
providing appropriate documentation if indicated when a lien release is being requested in order to allow CDOT to
process the release of a lien.
CDOT and the Town of Estes Park will work in conjunction with Department of Revenue (DOR) to assure the lien
is released according to state rules.
G. Training
In an effort to enhance transit safety, Town of Estes Park and any subrecipients and subcontractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that
personnel are up to date in appropriate certifications. In particular, Town of Estes Park shall ensure that driving
personnel are provided professional training in defensive driving and training on the handling of mobility devices
and transporting older adults and individuals with disabilities.
H. Safety Data
Town of Estes Park and any subrecipients shall maintain and submit, as requested, data related to bus safety. This
may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth
by the State, the number and extent of passenger injuries or claims, and the number and extent of employee
accidents, injuries and incidents.
I. Restrictions on Lobbying
Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Grant Agreement.
J. Special Conditions
1. Town of Estes Park will comply with all requirements imposed by CDOT on the Town of Estes Park so that the
Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the
Federal award.
2. Town of Estes Park must permit CDOT and their auditors to have access to the Town of Estes Park’s records
and financial statements as necessary, with reasonable advance notice.
3. Town of Estes Park will ensure subcontractors and subrecipients comply with the Federal Transit
Administration Drug and Alcohol Regulations, if receiving FTA Part 5311 or 5339 Funding.
4. Town of Estes Park cannot request reimbursement for cost on this project from more than one Federal
Awarding Agency, or other Federal awards. (i.e., no duplicate billing).
5. If receiving FTA Part 5311 Funding, Town of Estes Park shall maintain and report annually all information
required by the National Transit Database (NTD) and any other financial, fleet or service data.
6. Except as provided in §7(B)(ii), Town of Estes Park shall not be reimbursed for any purchase, issued purchase
order, or leased capital equipment prior to the execution of the Grant Agreement.
7. Town of Estes Park must obtain State approval in writing, if FTA funds are intended to be used for payment of
a lease or for third-party contracts.
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8. Town of Estes Park shall advertise its fixed route and/or rural based service as available to the general public
and service will not be explicitly limited by trip purpose or client type; if receiving FTA 5311 funding.
9. Town of Estes Park shall ensure that it does not exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability
in accordance with Title VI of the Civil Rights Act of 1964.
10. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and
maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title
VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines
for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT
Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and
public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal
Transit Administration Recipients.”
11. Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act, FTA guidance, and any other Federal, State, and/or local laws, rules and/or regulations. In
any contract utilizing federal funds, land, or other federal aid, the Town of Estes Park shall require its federal-
aid recipients and/or contractors to provide a statement of written assurance that they will comply with Section
504 and not discriminate on the basis of disability.
12. Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1,
and any additional requirements established by CDOT for FTA subrecipients.
13. Town of Estes Park shall agree to produce and maintain documentation that supports compliance with the
Americans with Disabilities Act to CDOT upon request.
14. Town of Estes Park shall provide CDOT with an equity analysis if the project involves choosing a site or
location of a facility in accordance to FTA Circular 4702.1B.
15. Town of Estes Park shall update its COTRAMS agency profile of any alterations to existing construction or any
new construction in accordance with FTA Circular 4710.1.
16. Town of Estes Park will provide transportation services to persons with disabilities, in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
17. Town of Estes Park will adopt a Transit Asset Management Plan that complies with regulations implementing
49 U.S.C. § 5326(d).
18. Meal delivery must not conflict with providing public transportation service or reduce service to public
transportation passengers.
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24. EXHIBIT B - VERIFICATION OF PAYMENT
This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is provided as
guidance and is subject to change by CDOT. CDOT shall provide notice of any such changes to Grantee. All
items may not apply to your particular entity. CDOT’s goal is to reimburse Grantees as quickly as possible and a
well organized and complete billing packet helps to expedite payment.
□ Verification of Payment –
General Ledger Report must have the following:
○ Identify check number or EFT number
○ If no check number is available, submit Accounts Payable Distribution report with the General
Ledger
○ In-Kind (must be pre-approved by CDOT) and/or cash match
○ Date of the report
○ Accounting period
○ Current period transactions
○ Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable:
○ copies of checks
○ check registers
○ paycheck stub showing payment number
○ showing the amount paid, the check number or electronic funds transfer (EFT) and the date paid.
CDOT needs to ensure that expenditures incurred by the local agencies have been paid by the local
agency before CDOT is invoiced by the local agency.
Payment amounts should match the amount requested on the reimbursement. Additional explanation
and documentation is required for any variances.
□ In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by
CDOT prior to any work taking place.
If in-kind or cash match is being used for the local match, the in-kind or cash match portion of the
project must be included in the project application and the scope of work attached to the contract or
purchase order. FTA does not require pre-approval of in-kind or cash match, but CDOT does.
General ledger must also show the in-kind and/or cash match.
□ Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by CDOT prior to
applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from CDOT or your cognizant agency
must be provided. The letter must state what indirect costs are allowed, the approved rate and the time
period for the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
□ Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior
to including these costs in the reimbursements.
Submit an approval letter from cognizant agency that verifies fringe benefit or
Submit the following fringe benefit rate proposal package to CDOT Audit Division:
○ Copy of Financial Statement
○ Personnel Cost Worksheet
○ State of Employee Benefits
○ Cost Policy Statement
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25. EXHIBIT C - SUPPLEMENTAL FEDERAL PROVISIONS FOR FEDERALLY FUNDED
CONTRACTS, GRANTS, and PURCHASE ORDERS-FFATA
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
As of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached may be funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into
and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all
Award types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not
include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and
Bradstreet’s website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
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1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal
entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as
the “Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the
performance of all or any portion of the substantive project or program for which the Award was
granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject
to the terms and conditions of the Federal Award to the Prime Recipient, including program
compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of
2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is
referred to as FFATA.
1.17. “Vendor” means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
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Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS)
Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits
the final financial report required under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually after the initial registration,
and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub-awards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7
below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment
shall be made to Contractor for providing any reports required under these Supplemental Provisions and the
cost of producing such reports shall be included in the Contract price. The reporting requirements in §7
below are based on guidance from the US Office of Management and Budget (OMB), and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated into this
Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above.
The Colorado Office of the State Controller will provide summaries of revised OMB reporting
requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions
apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as
of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but
subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the
reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more,
but funding is subsequently de-obligated such that the total award amount falls below $25,000, the Award
shall continue to be subject to the reporting requirements.
7. Sub-recipient Reporting Requirements. If Contractor is a Sub-recipient, Contractor shall report as set
forth below.
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7.1. To SAM. A Sub-recipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Subaward was made:
7.1.1. Sub-recipient DUNS Number;
7.1.2. Sub-recipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3. Sub-recipient Parent DUNS Number;
7.1.4. Sub-recipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5. Sub-recipient’s top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6. Sub-recipient’s Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Contract, the following data elements:
7.2.1. Sub-recipient’s DUNS Number as registered in SAM.
7.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country,
Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his or
her name.
8.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
8.3. Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may
include other items to be specified by OMB in policy memoranda available at the OMB Web site;
Award also will include other types of Awards subject to the Transparency Act.
8.4. There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice
if the default remains uncured five calendar days following the termination of the 30 day notice period.
This remedy will be in addition to any other remedy available to the State of Colorado under the Contract,
at law or in equity.
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26. EXHIBIT D - SUPPLIMENTAL FEDERAL PROVISIONS FOR FEDERAL AWARDS
Supplemental Provisions for Federal Awards
Subject to
The Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”),
Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole
or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part
of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a
conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the
FFATA Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1 “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and
conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2 “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract
under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal
Award” also means an agreement setting forth the terms and conditions of the Federal Award. The
term does not include payments to a contractor or payments to an individual that is a beneficiary of a
Federal program.
1.3 “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2
CFR §200.37
1.4 “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), as amended by §6202 of Public Law 110-252.
1.5 “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an
Award. The term does not include an agreement that provides only direct Federal cash assistance to an
individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct
benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51.
1.6 “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7 “Recipient” means a Colorado State department, agency or institution of higher education that
receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal
program. The term does not include Subrecipients. 2 CFR §200.86
1.8 “State” means the State of Colorado, acting by and through its departments, agencies and institutions
of higher education.
1.9 “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part of a
Federal program. The term does not include an individual who is a beneficiary of such program.
1.10 “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and
A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of
the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the
terms and conditions of the Federal Award specifically indicate otherwise.
1.11 “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal
Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from
relevant Federal agencies or the Colorado State Controller.
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2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including
but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions
automatically shall become a part of these Supplemental Provisions, without the necessity of either party
executing any further instrument. The State of Colorado may provide written notification to Subrecipient
of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3. Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which
reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform
to applicable Federal law and the standards identified in the Uniform Guidance, including without
limitation, §§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political
subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)
at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass-through entities), §§200.300 (Statutory and national policy requirements) through
200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR
§200.331(a)(5).
5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform
Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 75017507). 2 CFR
§200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a program-
specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the terms and conditions
of the Federal award do not require a financial statement audit of Recipient. A program-specific audit
may not be elected for research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR
§200.503 (Relation to other audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the
audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted
when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial
statements, including the schedule of expenditures of Federal awards in accordance with Uniform
Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for the auditor to perform
the audit required by Uniform Guidance Part F Audit Requirements.
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6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of
the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”.
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as may be directed by the Secretary of
Labor as a means of enforcing such provisions including sanctions for noncompliance:
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Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United
States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a week. The non-
Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding
agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non-Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
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7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an annual basis. 2
CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of
the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of
activity or effort was not carried out, the amount of the Award must be adjusted.
8. Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate
the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the
termination of the 30 day notice period. This remedy will be in addition to any other remedy available to
the State of Colorado under the Grant, at law or in equity.
9. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The
procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-
Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
10. Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard
information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award
Performance Goals that awarding Federal agencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the
Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and
milestones (200.210). Also, must require the recipient to relate financial data to performance
accomplishments of the Federal award.
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27. EXHIBIT E - REQUIRED THIRD PARTY CONTRACT/AGREEMENT CLAUSES
All FTA-Assisted Third Party Contracts and Subcontracts from the Current FTA Master Agreement [FTA
MA(23)]
Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer
l. No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Grantee agrees that:
(1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the
Agreement, to any Third Party Participant at any tier, or to any other person or entity that is not a party
(FTA, CDOT or the Grantee) to the Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any
Solicitation or Third Party Agreement at any tier that may affect the Agreement, the Federal Government
and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other
entity or person that is not a party (FTA, CDOT, or the Grantee) to the Agreement.
Section 4.f. – Program fraud and false or fraudulent statements and related acts
f. False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Grantee acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 C.F.R. part 31.
(b) By executing the Agreement, the Grantee certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Grantee provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Grantee presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Grantee acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government
to impose the penalties under 18 U.S.C. § 1001 if the Grantee provides a false, fictitious, or fraudulent
claim, statement, submission, certification, assurance, or representation in connection with a federal public
transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
a. Types of Records. The Grantee agrees that it will retain, and will require its Third Party Participants to retain,
complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements,
other third party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Grantee agrees that it will comply with the record retention requirements in the
applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any
Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State
official through the course of the Award, the accompanying Agreement, and any Amendments thereto until
three years after the Grantee has submitted its last or final expenditure report, and other pending matters are
closed.
c. Access to Recipient and Third Party Participant Records. The Grantee agrees and assures that each Subgrantee,
if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and
audit records and information related to its Award, the accompanying Agreement, and any Amendments
thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the
Comptroller General of the United States, and the Comptroller General’s duly authorized representatives,
and to the Grantee and each of its Subgrantee,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Grantee or Third Party Participant within books,
records, accounts, or other locations, and
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(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
d. Access to the Sites of Performance. The Grantee agrees to permit, and to require its Third Party Participants to
permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of the
Master Agreement.
3.G – Federal Changes
g. Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance.
The Grantee agrees to comply with all applicable federal requirements and federal guidance. All standards or
limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement, or
this Master Agreement. At the time the FTA Authorized Official (CDOT) awards federal assistance to the
Grantee in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time to time, and will apply to the Grantee or the accompanying Agreement.
12 – Civil Rights
c. Nondiscrimination – Title VI of the Civil Rights Act. The Grantee agrees to, and assures that each Third Party
Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, and
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance,
(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3,
and
(c) All other applicable federal guidance that may be issued.
d. Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Grantee agrees to, and assures that each Third Party Participant
will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or
national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes
it in part and is applicable to federal assistance programs,
(c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master
Agreement,
(d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients,” and
(e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions
against discrimination on the basis of disability,
(2) Specifics. The Grantee agrees to, and assures that each Third Party Participant will:
(a) Prohibited Discrimination. Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their race, color, religion, national
origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in
Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as
specified by U.S. Department of Labor regulations,
(b) Affirmative Action. Take affirmative action that includes, but is not limited to:
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1 Recruitment advertising, recruitment, and employment,
2 Rates of pay and other forms of compensation,
3 Selection for training, including apprenticeship, and upgrading, and
4 Transfers, demotions, layoffs, and terminations, but
(c) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24,
1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it,
referenced in 42 U.S.C. § 2000e note.
h. Nondiscrimination on the Basis of Disability. The Grantee agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs, Projects,
or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because
it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis
for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT
regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R.
part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R.
part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
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Incorporation of FTA Terms – 16.a.
a. Federal Laws, Regulations, Requirements, and Guidance. The Grantee agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
Energy Conservation – 26.j
j. Energy Conservation. The Grantee agrees to, and assures that its Subgrantees, if any, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements
for Energy Assessments,” 49 C.F.R. part 622, subpart C.
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
a. Justification. After providing written notice to the Grantee, the Grantee agrees that the Federal Government may
suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if:
(1) The Grantee has failed to make reasonable progress implementing the Award,
(2) The Federal Government determines that continuing to provide federal assistance to support the Award
does not adequately serve the purposes of the law authorizing the Award, or
(3) The Grantee has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
b. Financial Implications. In general, termination of federal assistance for the Award will not invalidate
obligations properly incurred before the termination date to the extent that the obligations cannot be canceled.
The Federal Government may recover the federal assistance it has provided for the Award, including the federal
assistance for obligations properly incurred before the termination date if it determines that the Grantee has
misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the
Project property, or failing to comply with the Agreement, and require the Grantee to refund the entire amount
or a lesser amount, as the Federal Government may determine including obligations properly incurred before
the termination date.
c. Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period
of performance established for the Award does not, by itself, constitute an expiration or termination of the
Award; FTA may extend the period of performance to assure that each Formula Project or related activities and
each Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA
deems appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
b. Debarment and Suspension. The Grantee agrees to the following:
(1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200.
(2) It will not enter into any arrangement to participate in the development or implementation of the
Underlying Agreement with any Third Party Participant that is debarred or suspended except as authorized
by:
(a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,
(b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto,
(c) Executive Orders No. 12549, “Uniform Suspension, Debarment or Exclusion of Participants from
Procurement or Nonprocurement Activity,” October 13, 1994, 31 U.S.C. § 6101 note, as amended by
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Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989, 31 U.S.C. § 6101 note,
and
(d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or
suspended Grantees or Third Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” https://www.sam.gov, if required by U.S. DOT regulations,
2 C.F.R. part 1200.
(4) It will include, and require each Third Party Participant to include, a similar provision in each lower tier
covered transaction, ensuring that each lower tier Third Party Participant:
(a) Complies with federal debarment and suspension requirements, and
(b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2
C.F.R. part 1200.
(5) If the Grantee suspends, debars, or takes any similar action against a Third Party Participant or individual,
the Grantee will provide immediate written notice to the:
(a) FTA Regional Counsel for the Region in which the Grantee is located or implements the Agreement,
(b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(c) FTA Chief Counsel.
Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Grantee agrees tocomply with FTA’s
U.S. domestic preference requirements and follow federal guidance,
including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j),
Section 39. Disputes, Breaches, Defaults, or Other Litigation.
a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including, but
not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any
settlement or compromise.
b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges,
the Grantee must promptly notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which
the Grantee is located.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any
forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) If the Grantee has credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant
of the Grantee, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et
seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving federal assistance, the Grantee must promptly
notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the
Region in which the Grantee is located.
c. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds
recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Grantee may return all liquidated damages it receives to its Award
Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal
Government, provided that the Grantee receives FTA’s prior written concurrence.
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d. Enforcement. The Grantee must pursue its legal rights and remedies available under any third party agreement,
or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
d. Lobbying Restrictions. The Grantee agrees that neither it nor any Third Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the Agreement, including any
extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended,
(b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with
31 U.S.C. § 1352, as amended, and
(c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature, and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Grantee’s or Subgrantee’s proper official
channels.
Section 26. Environmental Protections - Clean Air and Clean Water
d. Other Environmental Federal Laws. The Grantee agrees to comply or facilitate compliance and assures that its
Third Party Participants will comply or facilitate compliance with all applicable federal laws, regulations, and
requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water
Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act
of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery
Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990
relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain
Management.”
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Grantee agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j),
b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. §
55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R. part
381, and
c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration
(U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Grantee agrees to comply and assures that each Third Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction
employees involved in each Project or related activities with federal assistance provided through the
Agreement, including the:
(1) Prevailing Wage Requirements of:
(a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis-Bacon Related Act”),
(b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and
(c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(2) Wage and Hour Requirements of:
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(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an
(b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(3) “Anti-Kickback” Prohibitions of:
(a) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874,
(b) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145, and
(c) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States,” 29 C.F.R. part 3.
(4) Construction Site Safety of:
(a) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
(b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part
1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health
Regulations for Construction,” 29 C.F.R. part 1926.
From Section 16
n. Bonding. The Grantee agrees to comply with the following bonding requirements and restrictions as provided in
federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds,
contract performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement
not involving construction, the Grantee will not impose excessive bonding and will follow FTA guidance.
From Section 23
b. Seismic Safety. The Grantee agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 C.F.R. part 41, specifically,
49 C.F.R. § 41.117.
Section 12 Civil Rights D.3
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24,
1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it,
referenced in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
b. Awards Not Involving Construction. The Grantee agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour
protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the
Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
Applicable to Transit Operations
d. Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation operations, the Grantee agrees
to comply and assures that each Third Party Participant will comply with the following employee protective
arrangements of 49 U.S.C. § 5333(b):
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(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or
5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may
provide federal assistance for that Award. The Grantee agrees that the certification issued by U.S. DOL is a
condition of the Agreement and that the Grantee must comply with its terms and conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Grantee agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the Grantee must
comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Grantee agrees, and assures that any Third Party Participant providing public transportation operations will
agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has
determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any
Subagreement participating in the program to provide public transportation for seniors (elderly individuals)
and individuals with disabilities, FTA reserves the right to make case-by-case determinations of the
applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States
Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
a. Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations,
FTA has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute
(JARC)-type Project or related activities that would have been eligible for assistance under repealed 49
U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Grantee uses that
federal assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Grantee uses that federal assistance for
program purposes only.
c. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
a. Prohibitions. The Grantee agrees that neither it nor any Third Party Participant that is participating in its Award
will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f)
or (g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School
Bus Operations” laws, regulations, federal requirements, or applicable federal guidance.
b. Violations. If a Grantee or any Third Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Grantee or Third Party Participant to take
such remedial measures as FTA considers appropriate, or bar the Grantee or Third Party Participant from
receiving federal transit assistance.
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From Section 35 Substance Abuse
b. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Grantee agrees to comply and assures that its Third Party Participants will comply with:
(a) Federal transit laws, specifically 49 U.S.C. § 5331,
(b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
C.F.R. part 655, and
(c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 C.F.R. part 40.
(2) Remedies for Non-Compliance. The Grantee agrees that if FTA determines that the Grantee or a Third
Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
C.F.R. part 655, the Federal Transit Administrator may bar that Grantee or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise
receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Grantee agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Grantee or Third Party Participant produces a patented or patentable invention, improvement, or discovery,
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the Agreement, or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17.a.(2) of this Master Agreement (FTA MA(23)), the Grantee will notify FTA immediately, and provide a
detailed report satisfactory to FTA.
b. Federal Rights. The Grantee agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of
any Third Party Participant as a large business, small business, state government, state instrumentality,
local government, Indian tribe, nonprofit organization, institution of higher education, or individual, the
Grantee will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” 37 C.F.R. part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Grantee agrees that
license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income, and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
a. Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of
“subject data” include, but are not limited to computer software, standards, specifications, engineering drawings
and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related
information, but do not include financial reports, cost analyses, or other similar information used for
performance or administration of the Agreement.
b. General Federal Restrictions. The following restrictions apply to all subject data first produced in the
performance of the Agreement:
(1) Prohibitions. The Grantee may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Grantee’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has
previously released or approved for release to the public, or the portion of data that has the Federal
Government’s prior written consent for release.
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c. Federal Rights in Data and Copyrights. The Grantee agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the
subject data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Grantee grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access
plan, resulting from scientific research funded either fully or partially by this funding agreement. The
Grantee herein acknowledges that the above copyright license grant is first in time to any and all other
grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have
priority over any other claim of exclusive copyright to the same.
d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Grantee and its Third Party
Participants. Therefore, the Grantee agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publish or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy
of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary
information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Grantee’s use, and acquired with FTA capital program assistance.
e. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Grantee agrees that
license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income, and must be used in compliance with federal applicable
requirements.
f. Hold Harmless. Upon request by the Federal Government, the Grantee agrees that if it intentionally violates any
proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will
indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal
Government’s officers, employees, and agents acting within the scope of their official duties. The Grantee will
not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the
violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is
prohibited or limited by applicable state law.
g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Federal Government under
any patent.
h. Data Developed Without Federal Assistance or Support. The Grantee agrees that in certain circumstances it may
need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been
used in connection with the Award. The Grantee agrees that the Federal Government will not be able to protect
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data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
i. Requirements to Release Data. The Grantee understands and agrees that the Federal Government may be
required to release data and information the Grantee submits to the Federal Government as required under:
(1) The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Grantee agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation
Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of
all required publications and associated digital data sets as such terms are defined in the DOT Public
Access plan. Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
e. Disadvantaged Business Enterprise (and Prompt Payment and Return of Retainage).
To the extent authorized by applicable federal laws, regulations, or requirements, the Grantee agrees to
facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns
owned and controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Grantee agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement
(FTA MA(23)).
(2) DBE Program Requirements. A Grantee that receives planning, capital and/or operating assistance and that
will award prime third party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Grantee agrees that:
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part
26, and
(b) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the
Grantee must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Grantee must also submit additional notifications if options are exercised in
subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Grantee agrees and assures that:
1 It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 C.F.R. part 26,
2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT assisted contracts,
3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement, and
4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of the Master Agreement (FTA MA(23)).
(b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Grantee agrees and
assures that it will include the following assurance in each subagreement and third party contract it
signs with a Subgrantee or Third Party Contractor and agrees to obtain the agreement of each of its
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Subgrantees, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
1 The Subgrantee, each Third Party Contractor, and each Third Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26,
2 The Subgrantee, each Third Party Contractor, and each Third Party Subcontractor must take all
necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and
administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable,
3 Failure by the Subgrantee and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable, and
4 The following remedies, or such other remedy as the Grantee deems appropriate, include, but are not
limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or
disqualifying the Subgrantee, Third Party Contractor, or Third Party Subcontractor from future
bidding as non-responsible.
(5) Remedies. Upon notification to the Grantee of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the
matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies
Act of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
h. Nondiscrimination on the Basis of Disability. The Grantee agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs, Projects,
or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because
it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis
for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT
regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R.
part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
87
CDOT – Division of Transit and Rail
SAP PO #: 491001765
Routing #: 19-HTR-ZL-00073
DUNS #:078355450
Document Builder Generated
FTA5339(B.) Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11
Page 46 of 46
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R.
part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Section 16. Procurement. For Assignability
a. Federal Laws, Regulations, Requirements, and Guidance. The Grantee agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
a. Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for
a State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State agrees to provide the information required under this provision in the following
documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4)
notifications, (5) press releases, and (6) other publications.
88
Transit - 2019 Budget
Proposal
Subtotals
780,475
439,790
769,903
642,838 651,349
626,879
ACCOUNT DESCRIPTION
2018
BUDGET
2018
ACTUALS
2018 EOY
ESTIMATE
2019
BASE
REQ
2019
LEADERSHIP
2019 TA
RECOMM.
FEDERAL GRANT (CDOT)
(360,000)
-
(360,000)
- -
(21,000)
OTHER
-
(300)
-
- -
-
SPONSORSHIP
(13,500)
(16,100)
(16,100)
(15,000) (15,000)
(15,000)
SUPERVISORS
-
-
4,324
8,649 8,910
8,796
REGULAR STAFF
49,962
38,837
76,400
5,033 5,084
52,588
SEASONAL STAFF
5,892
4,039
5,568
5,827 6,317
6,244
STAFF OVERTIME
1,500
3,051
1,500
1,500 1,500
1,500
CELL PHONE
420
-
454
427
427
907
MEDICAL INSURANCE
9,472
6,648
15,244
11,932 11,932
20,918
LIFE INSURANCE
108
88
148
253
253
361
EMPLOYEE ASSISTANCE
PROG
55
35
72
64
64
92
DENTAL INSURANCE
1,431
948
1,813
1,674 1,674
2,390
VISION INSURANCE
258
172
338
302
302
431
MASA
198
65
264
215
215
215
TELEPHONE DOC
96
33
128
104
104
104
TAXES/FICA-MEDICARE
4,388
2,728
6,672
1,607 1,668
5,288
RETIREMENT/ICMA 401(A)
-
-
592
592
592
592
RETIREMENT/PERA
7,652
4,854
11,479
1,808 1,891
8,385
WORKERS' COMPENSATION
66
51
75
139
139
79
PROPERTY
96
96
75
1,300 1,300
1,300
LIABILITY
1,824
1,826
1,400
3,880 3,880
3,880
UNEMPLOYMENT
-
-
-
- -
-
LEGAL
-
100
-
- -
-
INFO TECHNOLOGY
SERVICES
3,920
2,259
3,920
4,014 4,519
4,519
BANK SERVICE
-
-
-
- -
-
CONTRACT/SKILLED
SERVICES
-
-
-
100
100
100
TRANSPORTATION FEES
365,843
369,035
365,843
395,635 395,635
395,635
89
OTHER
420
113
420
1,378 1,378
1,378
PUBLICATION FEES
-
199
-
- -
-
MAINTENANCE CONTRACTS
174
569
600
129
129
129
VEHICLE EQUIPMENT
3,500
1,906
3,500
3,500 3,500
3,500
VEHICLE REPAIRS-FLEET
SHP
-
-
-
- -
-
OFFICE SUPPLIES
100
90
100
150
150
150
PRINTING/FORMS
3,500
3,500
3,500
3,500 3,500
3,500
EXHIBIT/DISPLAY
-
-
-
- -
-
CATERING/SPEC
CIRCUMSTANC
50
159
50
150
150
150
DATA PROCESSING
SOFTWARE
400
360
400
400
400
400
DATA PROCESSING
EQUIPMENT
-
-
-
- -
-
FUEL & OIL
-
-
-
- -
-
TRAFFIC SIGNS
3,100
3,100
3,100
3,100 3,100
3,100
EDUCATION/TRAINING
-
300
300
1,800 1,800
1,800
MEMBER
DUES/SUBSCRIPTIONS
1,000
-
1,000
1,000 1,000
1,000
MILEAGE REIMBURSEMENT
250
114
250
250
250
250
TELEPHONE
-
272
-
- -
-
RESALE PURCHASES
-
334
350
- -
-
DATA PROCESSING
EQUIPMENT
8,300
8,980
9,000
800
800
800
TRUCKS (Battery-Electric
Trolley / Charging Station)
460,000
-
460,000
- -
25,000
90
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: David Hook, PE, Public Works Engineering Manager
Ryan Barr, EI, Public Works Pavement Manager
Greg Muhonen, PE, Public Works Director
Date: October 23, 2018
RE: Letter of Support for the 2019 Colorado Safe Routes to School Grant
Application
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seeks approval from the Town Board to support a Colorado Safe
Routes to School (CSRTS) grant application.
Present Situation:
The 2019 CSRTS grant application is due November 1st and the program is transitioning
to a call for applications every other year. Through internal discussions and meetings
with the Estes Park R-3 School District superintendent and principals, Public Works has
identified Graves Avenue as the next top priority Safe Routes to School project.
Graves Avenue is located directly to the west of the Estes Park School District property,
between S. Saint Vrain Avenue (Highway 7) and Community Drive. It is an east-west
roadway that is approximately 1,100 feet in length, and is a major route for residents
and children traveling to the schools or the community center.
Graves Avenue does not contain a complete pedestrian path along either side of the
road. This creates a disjointed and unsafe route for families and students who travel this
route. As a part of CDOT’s Highway 7 reconstruction project, a rectangular rapid-flash
beacon crosswalk will be installed at the intersection of Highway 7 and Graves Avenue.
This crosswalk will allow pedestrians to cross the busy highway with increased safety,
but they will still have to walk on the Graves Avenue shoulder in order to reach the
school or community center.
The School District agreed that Graves Avenue is the top priority location, and
requested that the grant application include a short sidewalk segment to connect the
91
school grounds with the upcoming Brodie Avenue project which is planned for
construction in the summer of 2019. The Brodie Avenue project received funding from
the previous CSRTS grant cycle and will incorporate a trail along the north side of
Brodie Avenue.
Proposal:
Public Works proposes pursuing CSRTS funding to construct sidewalk segments along
both sides of Graves Avenue. If the School District contributes funds associated with the
school property improvements, the proposed project will include a sidewalk segment to
connect the upcoming Brodie Avenue sidewalk with the school grounds.
Construction would be performed in June and July of 2020, during school summer
vacation.
Advantages:
The application complies with a 2018 Town Board Strategic Plan Transportation
Objective to “Explore potential for Safe Routes to School Funding.”
Improved safety of pedestrians and bikers in and around school area.
Partnerships are developed with the Town and entities supporting the project.
Grant funding opportunity to leverage local funds 4:1.
Disadvantages:
Town funding will be required for construction in 2020.
Construction activity will create traffic congestion and noise that will have impacts
to businesses and residents along the route.
Will need to hire an engineering consultant to prepare design plans.
Action Recommended:
Public Works staff recommends Town Board support the CSRTS grant application and
provide a letter of support to document the Town’s commitment to Safe Routes to
School initiatives.
Finance/Resource Impact:
The 2019 CSRTS grant cycle has a maximum award of $500,000. CSRTS is a cost
reimbursement program that will reimburse 80% of total project costs, while the Town
must provide a 20% cash match of the total project. The anticipated Town match is
$125,000 to be allocated from the 1A Trails Expansion Fund and/or the Open Space
Fund in 2020. The School District is researching the possibility of contributing funds
(approximately $5,000) associated with the improvements on school property.
Level of Public Interest
Public interest is expected to be moderate for this project.
Sample Motion:
I move for approval/denial to authorize the Mayor to sign the support letter for the Safe
Routes to School grant application.
Attachments:
2019 CSRTS Grant Support Letter
92
Board of Trustees
970-577-4777
tjirsa@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
October 23, 2018
Colorado Department of Transportation
Safe Routes to School Program
2829 W. Howard Place
Denver, CO 80204
Re: Letter of Support for the 2019 Colorado Safe Routes to School Grant Application
To Whom It May Concern:
The Town of Estes Park Board of Trustees is in support of the Town’s 2019 Colorado Safe
Routes to School grant application. The Town of Estes Park is committed to providing safe
and ADA compliant pedestrian paths throughout Town, and places emphasis on students
and families traveling within school zones. For 2018, the Board of Trustees identified
exploring potential Safe Routes to School funding as a Transportation Objective in the
Town of Estes Park Strategic Plan.
Through discussions with the Estes Park R-3 School District superintendent and principals,
Graves Avenue was identified as the top priority safety improvement project. Graves
Avenue is a central route for pedestrians and students to reach the school campus and
community center, but does not have a complete sidewalk along either side.
Once complete, these sidewalks will provide an extremely valuable benefit to Estes Park,
creating a safe route for pedestrians and students to walk or bike to school. Additionally,
they will provide local residents and guests another route to walk, run, or ride bicycles,
further supporting health and fitness in the community.
The Town Board of Trustees hopes that, with the support of Colorado Safe Routes to School
grant funding, the Town of Estes Park will be able to construct pedestrian pathways near
the school campus to allow for safer travel routes. With these improvements Estes Park
will be an even safer and healthier place to live, work and play. Your careful consideration
of CSRTS funding for this project would be very much appreciated.
Sincerely,
Todd Jirsa
Mayor
93
94
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brian Berg, Parks Division Supervisor
Greg Muhonen, Public Works Director
Date: October 23, 2018
RE: Resolution #22-18 Grant Application for the Big Thompson River Picnic
Shelter
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
This resolution authorizes the Town to apply for a grant from the Great Outdoors
Colorado (GOCO) for a new picnic shelter located west of the Estes Park Visitor Center
parking structure.
Present Situation:
The current picnic shelter located on this site is in disrepair and is inadequate to meet
the increased usage of this area stimulated by the new parking structure. The Estes
Park Visitors Center area is a meeting and gathering place with shuttle services, access
to the Lake Estes Trail and the downtown Riverwalk Trail, and sufficient parking. This is
the only roofed picnic area that is protected from rainfall in this area.
Proposal:
If awarded this grant, this project will provide residents and guests with a new picnic
shelter located on the Big Thompson River, which will accommodate two (2) picnic
tables in a beautifully landscaped area as a welcoming entrance to Estes Park. A third
picnic table is planned just outside the shelter yielding 3 tables. The Parks Division
plans to install irrigation to support new landscape and to minimize staff maintenance
effort.
Advantages:
Provide a picnic shelter that will accommodate more residents and guests by
increasing the seating capacity.
Improve the guest experience with a shelter that is protected from the weather.
Provide a convenient picnic experience opportunity to guests that park in the new
parking structure.
95
Enhance the Estes Park Visitors Center area as a meeting and gathering place for
people who are accessing the shuttles, Lake Estes Trail, downtown Riverwalk Trail
and other areas.
Improve the experience of being next to the river and viewing wildlife.
Continue improvements of the Estes Park Visitors Center campus. Recent
examples include parking, Veterans Monument, beautification features of flowers
and planters, electric vehicle car chargers, interactive musical instruments, etc.
Disadvantages:
This project is to upgrade an existing community amenity; however, it is not in the
vicinity of residential neighborhoods.
If awarded there will be a cash match requirement; however, this will only be $6,000.
There will be additional landscape maintenance; however, it is anticipated that this
will decrease as plants become established.
Action Recommended:
Staff recommends the Town Board of Trustees approve this GOCO mini-grant
application and the accompanying Resolution to meet the application due-date of
November 1, 2018.
Finance/Resource Impact:
There is a 25 percent local match requirement. Ten percent must be cash and is
$6,000.00 on this $60,000.00 project. Additional, we proposed to provide:
$4,005.00 for tables (acct # 101-5200-452.25-03)
$1,995.00 for irrigation supplies (acct # 101-5200-452.26-10).
Additionally, the Parks Division staff will perform work on this project that will be
included as in-kind to meet the 15 percent or about $9,000.00. This will include
demolition, irrigation installation and landscape installation and maintenance.
Level of Public Interest
Moderate interest.
Sample Motion:
I move for the approval/ denial of Resolution #22-18 to submit a grant application to
GOCO for the Big Thompson picnic shelter located west of the parking structure.
Attachments:
1. Board Resolution
2. Photos and design
96
RESOLUTION #22-18
GRANT APPLICATION FOR THE BIG THOMPSON RIVER PICNIC SHELTER
Supporting the Application for a Mini-Grant Local Parks and Recreation from the State
Board of the Great Outdoors Colorado Trust Fund for the completion of the Big Thompson
River Picnic Shelter.
WHEREAS, the Town of Estes Park supports the Great Outdoors Colorado grant
application for the Big Thompson River Picnic Shelter located west of the Estes Park Visitor
Center parking structure; and
WHEREAS, if this grant is awarded, the Town of Estes Park supports the completion
of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1: If awarded, the Board of Trustees authorizes the expenditure of funds
necessary to meet the terms and obligations of the Great Outdoors Colorado grant.
Section 2: The project site for the Big Thompson River Picnic Shelter is owned by
the Town of Estes Park.
Section 3: The Town of Estes Park Board of Trustees recognizes that as the
recipient of a Great Outdoors Colorado local government grant the project site will provide
public access.
Section 4: The Town of Estes Park Board of Trustees agrees to maintain the Big
Thompson River Picnic Shelter located west of the parking structure at the Estes Park
Visitors Center in a high-quality condition and will appropriate funds for maintenance in the
annual budget.
Section 5: If awarded, the Town of Estes Park Board of Trustees hereby
authorizes the Mayor or Mayor pro tem to sign the grant agreement with Great Outdoors
Colorado.
Section 6: This resolution to be in full force and effect from and after its approval.
DATED this day of , 2018.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
97
98
99
100
101
102
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: October 23, 2018
RE: Ordinance No. 14-18: Amending the Estes Valley Development Code to Add
“Sightseeing/Tour Vehicle Facility” as a Special Review Use in Certain Zoning Districts
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve a text amendment to the Estes Valley Development Code (EVDC), to add
“Sightseeing/Tour Vehicle Facility” as an S2 Special Review use in the A (Accommodations), the CD
(Downtown Commercial), and the CO (Outlying Commercial) Zoning Districts, and also add a definition
of the same. (Continued from the October 9, 2018 Town Board Meeting.)
Present Situation:
Note: This Code Amendment was continued from the October 9, 2019 Town Board hearing, after the
Board directed staff to make revisions to the definition of “Sightseeing/Tour Vehicle Facility.” Staff had
intended for the use to have some additional flexibility, where the first proposed definition included,
“The facility may or may not involve on site ticket sales and customer parking and may or may not
involve on site storage of the sightseeing/tour vehicles.” Board members felt this made the use too
broad and open-ended, and with their input, staff has revised that portion of the definition to now read,
“The facility shall include on-site ticket sales and customer parking. The facility may or may not
involve on-site storage of the sightseeing/tour vehicles.”
Although typically Code Amendments are taken to the Board of Larimer County Commissioners
(BOCC) only after a formal approval by the Estes Park Town Board, as it was scheduled for the
BOCC hearing on October 15, 2018, staff kept to that hearing date. The Code Amendment was
reviewed and approved by the BOCC on October 15, with the revision to the definition as discussed
above and within the attached Exhibit. Adoption by the Town Board on October 23 will result in
appropriately identical regulations approved by both governing bodies.
The applicant who initiated this Code Amendment began discussions with Community Development
staff approximately a year ago, after acquiring an established “trolley” operation, which provides tours,
wedding charters, and the like to Estes Valley visitors. The applicant’s use has been established for
103
approximately one year in an A (Accommodations) zoned property. Their leased site is part of a larger
parcel which has an existing motel use, the Coyote Mountain Lodge at 1340 Big Thompson Avenue.
The applicant’s use has been allowed in this location through approval of two Temporary Use Permits
(TUP), each for a six month period. The current TUP expires on November 1, 2018. There is no
provision to extend the use beyond that, other than the Code Amendment and Special Review process,
as proposed.
The reason for staff proposing to add this use to the EVDC is that there is no use currently listed in the
EVDC which clearly allows for it. Although various sightseeing, tour, and wedding charter uses such as
the applicant’s have long existed in the Estes area, these have been established by past Department
staff under Code interpretations that were at times perhaps somewhat irregular. Staff determined that
the use needs to be clearly defined. “Sightseeing/Tour Vehicle Facility” is, in staff’s judgement, an
appropriate use in the A, CO and CD Zoning Districts as an S2 Special Review. An S2 Special Review
is reviewed by the Estes Valley Planning Commission, who then makes a recommendation to the
governing body, which would be the Town Board of Trustees or the Board of County Commissioners,
as applicable.
It is fairly standard practice for an Accommodations use to have buses or large passenger vans for
guests of a hotel, lodge, resort or similar. These are often used for excursions, tours, and airport
shuttles. If under the same ownership of a given Accommodation use, and clearly incidental and
customarily found in connection to that use, those buses, passenger vans, or similar vehicles may be
considered an accessory use to the principal use. In the applicant’s case, although the vehicles are
used partially for motel guests, they are also a separate, distinct business and not under the same
ownership as the motel.
There are other companies currently offering sightseeing tours in the Estes Valley area, offering “jeep
tours” and the like. In a business license review several years ago, previous planning staff determined
a vehicle jeep tour use was allowable by right in the CD Zoning District. Staff notes that as on-site
storage of the vehicles was not a use allowed on the CD Zoned site, where the vehicles were stored is
unknown. Staff has determined the use would be more appropriate in the CD and the CO, Commercial
Zoning Districts as an S2 Special Review Use, which is being proposed.
Although this amendment was triggered by the use not being identified in the EVDC, or being allowable
on the applicant’s A (Accommodations) property, it should be emphasized that a Code Amendment to
add this use may be applicable to any A, CD, or CO property, with Special Review approval. It could
be used by, and useful to, other similar vehicle operators than just the property in question. This type
of use is not unusual in the Estes Valley, and this amendment would likely be of utility in other
locations.
Regarding the proposal to add “Sightseeing/Tour Vehicle Facility,” staff notes “vehicles” in this context
is a broad term that would include, per the proposed definition, “…any motor propelled passenger
vehicle, which has six or more seats, used in the conveyance, for hire, of tourists and sightseers...”
104
Proposal:
This Code Amendment would add the use to the EVDC as an S2 level Special Review in the A
(Accommodations), the CD (Downtown Commercial), and the CO (Outlying Commercial) Zoning
Districts, and also add a definition of the same. The attached Exhibit A [Blue], has the changes to the
Nonresidential Use Table (Table 4 – 4), and the definition of the use that would be added to Chapter
13, Definitions.
Advantages:
Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review.
Adds options for the establishing and allowing a beneficial and longtime use in the Estes Valley.
Disadvantages:
Adds slightly to Code length and complexity.
Action Recommended:
Staff is recommending approval of the proposed amendment as draft in Exhibit A [Blue].
The Estes Valley Planning Commission, at their August 21, 2018 meeting, forwarded a
recommendation of approval of the Code Amendment, by a vote of 4 – 2.
Finance/Resource Impact:
N/A
Level of Public Interest
Low.
Sample Motion:
I move that the Town Board of Trustees approve the Estes Valley Development Code amendment as
stated in Ordinance No. 14-18, including findings as identified in the Ordinance.
I move that the Town Board of Trustees deny the Estes Valley Development Code amendment as
stated in Ordinance No. 14-18, finding that… [state findings for denial]
I move that the Town Board of Trustees continue the Estes Valley Development Code amendment as
stated in Ordinance No. 14-18 to [date certain], in order that… [state direction to staff pursuant to
continuance]
Attachments:
1. Ordinance No. 14-18: Amending the Estes Valley Development Code, adding “Sightseeing/Tour
Vehicle Facility” as an S2 Special Review use in the A (Accommodations), the CD (Downtown
Commercial), and the CO (Outlying Commercial) Zoning Districts, and adding a definition of the
same.
2. Exhibit A [Blue]
Chapter 4. Zoning Districts, Section 4.4 Nonresidential Zoning Districts, B. Table 4-4:
Permitted Uses: Nonresidential Zoning Districts
Chapter 13. Definitions, Section 13.2 Use Classifications/Specific Use Definitions and
Examples
105
ORDINANCE NO. 14-18
AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO ADD
“SIGHTSEEING/TOUR VEHICLE FACILITY” AS A SPECIAL REVIEW USE IN
CERTAIN ZONING DISTRICTS AND ADDING A DEFINITION
OF THE SAME
WHEREAS, on August 21, 2018, the Estes Valley Planning Commission
conducted a public hearing on a proposed text amendment to the Estes Valley
Development Code, ADDING “SIGHTSEEING/TOUR VEHICLE FACILITY” AS A
SPECIAL REVIEW USE IN CERTAIN ZONING DISTRICTS, AND ADDING A
DEFINITION OF THE SAME, and found that the text amendment complies with Estes
Valley Development Code §3.3.D Code Amendments, Standards for Review; and
WHEREAS, on August 21, 2018, the Estes Valley Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Valley Development Code §3.3.D Code Amendments,
Standards for Review and has determined that it is in the best interest of the Town that
the amendment to the Estes Valley Development Code, as set forth on Exhibit A [Blue],
be approved; and
WHEREAS, said amendment to the Estes Valley Development Code is set forth
on Exhibit A [Blue], attached hereto and incorporated herein by this reference:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A [Blue].
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park,
Colorado, this day of _______, 2018.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
106
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the ________ day of _______________, 2018 and published
in a newspaper of general circulation in the Town of Estes Park, Colorado, on the
________ day of ____________, 2018, all as required by the Statutes of the State of
Colorado.
Town Clerk
107
EXHIBIT A [Blue] Estes Valley Development Code Chapter 4. Zoning Districts, Section 4.4 Nonresidential Zoning Districts, B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts Chapter 13. Definitions, Section 13.2 Use Classification/Specific Use Definitions and Examples (Proposed, Excerpt) B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts Use Classification A A-1 CD CO O CH I-1 Additional Regulations Sightseeing/Tour Vehicle Facility S2 __ S2 S2 __ __ __ COMMERCIAL/RETAIL USES EXHIBIT
BLUE
Page 1 108
Chapter 13. Definitions, Section 13.2 Use Classifications/Specific Use Definitions and Examples
44.3 Sightseeing/Tour Vehicle Facility means a facility for the location of any motor-propelled
passenger-carrying vehicle, which has six or more seats, used in the conveyance, for hire, of tourists
and sightseers, for the purpose of a sightseeing trip or tour in the visiting and viewing of places of
interest. The facility shall include on-site ticket sales and customer parking. The facility may or may
not involve on-site storage of the sightseeing/tour vehicles.
EXHIBIT BLUE
Page 2
109
110
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: October 23, 2018
RE: Special Review, “Sightseeing/Tour Vehicle Facility,” 1340 Big Thompson Avenue, Estes
Park Trolleys/Applicant.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review of a Special Review application to allow a “Sightseeing/Tour Vehicle Facility” in an A
(Accommodations) Zoning District.
Present Situation:
This Special Review is contingent upon approval of the related Code Amendment, to add the
“Sightseeing/Tour Vehicle Facility” use as an S2 Special Review Use to the A, Accommodations,
CD, Downtown Commercial, and CO Outlying Commercial Zoning Districts. This Code
Amendment, continued from October 9, 2018, precedes this Special Review on the Town Board’s
October 23, 2018 agenda.
This is a somewhat unusual proposal in that the use has been established for some time, most
recently through temporary use regulations. It was located on another property zoned CH, Heavy
Commercial for approximately four years, and at its current location (1340 Big Thompson Avenue)
for approximately one year. Two six-month duration Temporary Use Permits (TUPs) have been
issued for the current location, and two is the limit for the TUPs. The current TUP expires on
November 1, 2018. Staff recommended the applicant go through the process to request addition
of the use to the EVDC, and request approval of this Special Review.
Proposal:
The applicant is requesting approval of an S2 Special Review for their Sightseeing/Tour Vehicle
Facility. As mentioned above, this is a “trolley” operation located at the southwest corner of Big
Thompson Avenue and Lakefront Street. This is a service that provides tours, wedding charters,
and the like to Estes Valley visitors. Their leased site is part of a larger parcel which has an
existing motel use, the Coyote Mountain Lodge at 1340 Big Thompson Avenue. See EVDC
Standards, below for additional details regarding this use.
Report
COMMUNITY DEVELOPMENT
111
EVDC Standards:
The following is from the EVDC, Chapter 3 Review Procedures and Standards, Section 3.5 Special
Review Uses:
A. Procedures for Approval of Special Review Uses. Applications for approval of a
special review use shall follow the standard development approval process set forth
in §3.2 of this Chapter. Uses that require a Special Review and are subject to the
regulations of this section are stated in Table 4-1: Permitted Uses: Residential Zoning
Districts and Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Special Review Uses shall be reviewed through an S1 or S2 procedure. Those uses that
have a wider public interest or impact shall be reviewed through the S2 procedure. Both
review procedures provide an opportunity to allow the use when there are manageable
impacts, to allow the use but impose mitigation measure to address identified concerns, or
to deny the use if findings establish that concerns cannot be resolved.
Approval of a Special Review Use shall not constitute a change in the base zoning district
and shall be granted only for the specific use approved at the specific site. Approval is
subject to such modifications, conditions, and restrictions as may be deemed appropriate
by the Decision Making Body.
B. Standards for Review. All applications for a special review use shall demonstrate
compliance with all applicable criteria and standards set forth in Chapter 5, "Use
Regulations," of this Code. (Staff note: There is no Use Regulation specific to the
proposed use.)
Applications for S1 or S2 Special Review shall provide a narrative that describes how the
proposed use fulfills the applicable requirements and standards for the use. In order to
minimize adverse impacts of the proposed use, an approval of Special Review Use may
be conditioned based upon information provided in the narrative and staff findings.
For purposes of the Special Review, the narrative shall describe the following, as
applicable. (Staff comments follow each):
1. The proposed use and its operations;
Staff Response:
Applicant has described this within the statement of intent, Attachment 3.
2. Traffic generation;
Staff Response:
There is traffic impact with the applicant’s use, with the applicant’s tour vehicles
traveling to and from the facility. This appears to be fairly minimal with
sightseeing/tour customers not accessing the vehicle from the facility. The applicant
goes to other locations to pick up customers.
3. Existing zoning compatibility;
112
Staff Response:
At this time, the use is not an allowable use in the A (Accommodations) Zone District.
Approval of the associated Code Amendment is necessary to proceed. If the use is
added, the use would be compatible with the Accommodations uses in this area of
the Town.
4. Location of parking and loading, including size, location, screening, drainage,
landscaping, and surfacing;
Staff Response:
Applicant has provided parking areas for the fleet, and limited parking for customers.
The site is tightly constrained due to the small area and triangular-shaped
configuration. Customer activity is very limited, with no sightseeing/tour customers
parking at the facility. The applicant’s fleet vehicles are currently not screened from
view. Although strict compliance with the EVDC Section 7.5, Landscaping and
Buffers may not be feasible due to the existing configuration and constraints of the
site, staff is recommending a condition of approval for the applicant to submit a
Landscaping Plan, to provide some screening of the vehicle parking area from Big
Thompson Avenue. See Recommendation, below.
5. Effect on off-site parking;
Staff Response:
Minimal, see preceding.
6. Street access points, including size, number, location and/or design;
Staff Response:
Access is existing from Big Thompson Avenue/Highway 34, with access apparently
also available from Lakefront Street on the east. The application was referred to
CDOT, who have not responded. Staff will discuss with the applicant which access is
utilized, and notes best transportation planning policy is to access via a local street
rather than an arterial, when both are available.
7. Hours of operation, including when certain activities are proposed to occur;
Staff Response:
Applicant has described this within the statement of intent, Attachment 3.
8. Exterior lighting;
Staff Response:
Lighting is existing. The applicant has stated there may be additional lighting
installed. The applicant is advised that any outdoor lighting shall comply with the
EVDC Section 7.9 Exterior Lighting. This is recommended as a condition of
approval, see below.
9. Effects on air and water quality;
113
Staff Response:
Effects on air and water quality are minimal. As the applicant’s vehicles transport
multiple passengers, the service may reduce automobile traffic in the Estes Valley
and improve air quality.
10. Environmental effects which may disturb neighboring property owners such as;
a. Glare; This may be described in terms of location, design, intensity and shielding;
Staff Response:
Glare is no more than any vehicle parking along this highway corridor, staff is
recommending landscaping be established along Big Thompson Avenue, to buffer
headlight glare, among other elements.
b. Noise;
Staff Response:
Noise from the applicant’s fleet vehicles will not be inconsistent with other vehicle
traffic on this highway, and noise effects should be minimal; and
c. Dust;
Staff Response:
Dust effects will be minimal.
11. Height, size, setback, and location of buildings and activities;
Staff Response:
Existing. Applicant has described and depicted this within the application materials,
Attachment 3.
12. Any diking, berms, screening or landscaping, and standards for their installation and
maintenance;
Staff Response:
Refer to above.
13. Other resources. This description shall include information on protection and
preservation of existing trees, vegetation, water resources, habitat areas, drainage
areas, historic resources, cultural resources, or other significant natural resources.
Staff Response:
The applicant’s use and facility is existing, and will not create additional impacts to
require such protection and preservation.
Staff Findings:
1. The following is from Section 3.5.A., Procedures for Approval of Special Review Uses:
“Both review procedures (S1 and S2 Special Review) provide an opportunity to allow the
use when there are minimal impacts, to allow the use but impose mitigation measure to
114
address identified concerns, or to deny the use if findings establish that concerns cannot
be resolved.”
Staff finds this use has been established at this location for approximately one year, and
impacts have been minimal. Staff is not aware of any objections being made to the Town.
Staff has received correspondence expressing concern over visual impacts. Staff is
recommending landscaping be established to mitigate this. There do not appear to be
other impacts requiring mitigation measures at this time, beyond some recommended
conditions of approval for the Special Review, below. Staff has visited the property, and
notes the site is tightly constrained by relatively small area. The current six fleet vehicles,
as described in the statement of intent, are the limit. Additional vehicles, if any, would
have to be parked elsewhere in accordance with all applicable regulations.
Advantages:
Provides a useful and established transportation service in the Estes Valley area.
The use has existed in this location for approximately one year, and appears to create minimal
adverse impacts to this area of the Highway 34 corridor.
Disadvantages:
The site is in close proximity to Big Thompson Avenue, and with the existing configuration of
the facility there are limitations to possible screening measures as recommended.
Action Recommended:
The Estes Valley Planning Commission opened a public hearing for this application on August 21,
2018, and continued it to their September 18, 2018 meeting. At that time, they and voted to
recommend approval of the Special Review application by a unanimous vote of 6 – 0. The
Planning Commission recommendation included staff’s findings, above, and conditions of approval,
as follows.
1. The approved use shall generally be consistent with the materials submitted by the
applicant, and shall specifically include the applicant’s proposed use of the facility only as a
sales office and point of dispatch for tours, and the limitation on the number of vehicles in
the fleet.
2. Within 30 days of Special Review approval, applicant shall submit a Landscaping Plan to
the Community Development Department, providing an effective screening with trees and
shrubs from adjacent roads. The Landscaping Plan shall be reviewed and approved by
staff, and the landscaping shall be established by the applicant within 60 days after staff’s
approval of the Landscaping Plan. Landscaping shall be inspected and approved by staff.
3. Any outdoor lighting that is installed shall comply with all applicable standards and
requirements within the Estes Valley Development Code Section 7.9 Exterior Lighting.
Budget:
None.
Level of Public Interest:
Moderate. Staff has received correspondence from two area property owners, see attached. Two
citizens spoke during the Planning Commission public hearing.
115
www.estes.org/currentapplications
Comments will be added to this webpage as they are received.
Sample Motions:
1. I move that the Town Board approve the Special Review application for the
Sightseeing/Tour Vehicle Facility with the findings and conditions of approval as
recommended by the Planning Commission and Staff.
2. I move that the Town Board deny the Special Review application for the Sightseeing/Tour
Vehicle Facility, finding that … [state findings for denial].
3. I move that the Town Board continue the Special Review application for the
Sightseeing/Tour Vehicle Facility, to the next regularly scheduled meeting. (State reasons
for continuance.)
Attachments:
1. Vicinity Map
2. Application
3. Submittal Documents From Applicant
4. GIS Aerial Photo by Staff
5. Emailed Letter from Mr. Berman
6. Emailed Letter from Mr. Richardson
116
117
ESTES VALL
DEVELOPMENT APPLICATION
Estes Park r1011e,·s
J 11,:"!l :.- {� DL:·
8cu:�Jo1; L '.dJustment
Rc:Lvn rg Pe\ i n
O·her ? ease s�eciry
Condom nium Map
Preliminary Map
Final Map
Supp1emenla1 Map
'. I·.:, S 1,ecial Review to allow Buses/Trollevs to conduct and operate tour & charter business
1340 Big Thompson Ave (Legal)
j'. Grand Estes Addition Subdivision
2519405017
c�csc � , Ser rcc
'=' 1 • r 1 J , r ,i
s· r l • -
3 copies 24" x 36" (roldedJ of platrp'ans
1 copy. 11" X 17" reduced set of plaUplans
r,w w,1
."1.e-
Xce
0 ·:n;; r
None Other (specify)
None Other (specify)
�PS .... UTSD Sepllc
E0 so UTSD Septic
('• '· None
Proposed Zor-1111;1
X Applicant C:m!xllli'!nl/E 1gineeI
u191tal copies PDF emailed to planning@estes.org
Application Fee
None I
Refer to the Estes Va lley Deve•opment Code Appendix B for application submittal requirements
Town ol Estes PaJI< � P.O. 0:)x 1200 � 170 MacGregor Avenue� Estes Park, CO 80517
Community Oeveiopment Oepa rtment
Phone: 970-577 3721 � Email: planning®!sles.o,g ..,_ www.esles.org/CommunilyOevetopment
--.-,,_1(2'�,I j 1·::.: � \ ., �· , I ,. c_--� ,_ :_·'I-:=-I _. _,.1 1' 1
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ATTACHMENT 2 118
Statement of Intent
Estes Park Trolleys is proposing special review for property at 1340 Big Thompson Ave.
Estes Park Trolley is requesting the town to allow the business permit status at 1340 Big
Thompson Ave. Under current operations Estes Park Trolley is. utilizing the space as a sales office
and point of dispatch for charters and tours. The Continued primary purpose of the space will be a
seasonal sales office April through October during the hours of 10am-6pm, Tuesday-Sunday. The
office will have set hours for customer wafk-fns and showings for prospective clients. The location
will also serve as a year-round dispatch point for the fleet. Hours of dispatch will be between 8am
to 2am. Please note that late night hours will generally be weekends and only as needed. Majority of
charters return by 12:00am. The fleet includes five 32 passenger trolleys and one 14 passenger bus.
All charters and tours will pick guest up at the'1r lodging or at other approved locat"lons.
Estes Park Trolleys have completed 5 successful seasons of operation. Our previous
location at 830 Comanche St. has served us well, but to continue our growth as a successful
business, not only for us, but for our community, we need more exposure to the public. We feel
that 1340 Big Thompson Ave is the only location that provides all the necessary requirements for
our business to thrive.
An existing hand pain ted sign is located directly above the front office door. We are
proposing a wooden sign of the same dimensions with carved and painted lettering. The sign
would read "Estes Park Trolleys". In addition, we would like to add one office hours/ OPEN sign and
one company logo to fill one square window pane. We are requesting to add three exterior light
fixtures under the soffit/ awning. They would be 48" long each and led for efficiency. (see included
photo) The lights we are requesting will help employee visibility when returning to the dispatch
office at night.
With 12 parking spaces, we intend to park 6 commercial vehicles, leaving 6 spaces for
employees and customer parking. The green painted square on the front section of the building
will be covered with black asphalt sealer and proposing one customer only space in front of the
building. A parking curb would be added for safety.
Please note our intentions are continue to improve the ascetics and function of this
property. We have addressed all our wishes in making this happen. We hope each topic will be
considered within the respective Community and departments. Estes Park Trolleys have been
successfully conducting business At 1340 Big Thompson sense December 2017. We would feel
very fortunate if this could become our permit location of business. If given the chance, we will
proudly show our respect through excellent tenant occupancy compliance and prideful property
appearance.Cordially,
Estes Park Trolleys N -<:.'---al e;.':;,(_ C1,:l.f,�rl1\ 4/15/l8 Gr-A-�M. "-G� ./fl j/l8.!J1-�� e._ C-e-�([ ��----41!§�.r1.--f fe.'.>'J.&v---t-v,,;e, pres,�c......r
ATTACHMENT 3 119
120
121
122
123
124
125
126
127
128
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Date: October 23, 2018
RE: Intergovernmental Agreement with Upper Thompson Sanitation District for
Water Main Extension
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve the Intergovernmental Agreement for a collaborative project to
install utilities across U.S. Highway 36 at Mall Road.
Present Situation:
Upper Thompson Sanitation District is planning a project to make certain improvements
to their sanitary sewer system within the public rights-of-way across U.S. Highway 36 at
Mall Road. The Water Division’s long-range Master Plan includes looping our water
system infrastructure by following Mall Road.
Proposal:
We propose that the Town and Upper Thompson Sanitation District enter into an IGA to
cooperatively complete this construction.
Advantages:
Performing this work as part of a joint project with UTSD will be efficient and cost
effective.
Cutting through Highway 36 will only be necessary once if we do this joint project
We can overcome one of the biggest barriers, crossing Highway 36, in achieving
our long-range Master plan Water of looping our infrastructure around Mall Road.
This IGA does not commit the Town to construction. The structure of the
construction bid makes our scope of construction optional based on the bid
results.
There is minimal demand on Water staff’s time as UTSD will lead the
construction.
129
Disadvantages:
The inconvenience of traffic restrictions during construction, especially during the
closure of Highway 36.
The cost associated with adding a project not currently in our 5-year capital
improvement plan.
Action Recommended:
Staff recommends that the Board approve the Intergovernmental Agreement for Utility
Installations at Fish Creek Lift Station U.S. Highway 36 and Mall Road.
Finance/Resource Impact:
Capital budget Account 503-7000-580.35-54, unbudgeted.
The Division’s fund balance can accommodate this project.
If the construction bid is acceptable, we will return to the Board with an action item to
revise the 2019 budget.
Level of Public Interest
The level of public interest should be high for the residents on the east end of Town
because when the master plan looping is completed, fire flows will be improved and
residents near the Olympus Lodge will have the option to connect to the Town’s water
system.
Sample Motion:
I move for the approval/denial of the Intergovernmental Agreement between the Town
and Upper Thompson Sanitation District.
Attachments:
Intergovernmental Agreement for Utility Installations at Fish Creek Lift Station U.S.
Highway 36 and Mall Road
Exhibit A
Exhibit B
Exhibit C
Standard General Conditions – Link
Maps - Link
130
131
132
133
134
135
136
137
138
139
140
Exhibit B
141
Utilities Director, Town of Estes Park
5/29/2018
142
143
144
145
146
147
148
149
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
B C D E
Item
No.Cost % of Total Cost
% of Shared Work
Areas
1 700,000$ 30%NA
2 870,000$ 37%58%
3 110,000$ 5%7%
4 510,000$ 22%34%
5 50,000$ 2%NA
6 100,000$ 4%NA
$2,340,000
$1,570,000
$770,000
$1,490,000
Notes:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
5. *Year 2018 Costs - AACE Class 1 - Range: -10% to +15%
Traffic Control $44,000 $2,223,000
Surface Restoration (Asphalt Paving and Base Course)$246,000 $2,574,000
Blasting Allowance $20,000
As-Builts $7,000
Total of Shared Costs $317,000
Notes:
1. Items taken from "orange" shaded items on supporting cost opinion sheets.
2. The 27% Mob/Demob, Bonds and Insurance, Contractor O&P has been added to the line item
from the supporting sheets.
Cost Range (+15%)
Includes a 50/50 split of the line items on Opinion of Probable Construction Cost:
Base Bid
Total Construction Cost (C1 through C6)
Total UTSD Construction Cost (C1 + C2)
Total TEP Construction Cost (C3 + C4 + C5 + C6)
Total Shared Work Areas Cost (C2 + C3 + C4)
Upper Thompson Sanitation District (UTSD) - Work South of US HWY 36
Upper Thompson Sanitation District (UTSD) - Work Within and North of US HWY 36
Town of Estes Park (TEP) Bid Additive A
Town of Estes Park (TEP) Bid Additive C
Town of Estes Park (TEP) Bid Additive D
Cost Range (-10%)
4. TEP cost provides that all pipe materials, fiber optic, conduits and appurtenances are furnished by TEP and installed by the contractor.
*Construction Cost Range
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST - SUMMARY
A
Project No: 288603HH
Town of Estes Park (TEP) Bid Additive B
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 1 of 6 Date Printed: 10/17/2018
DRAFT Exhibit C
150
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
A B C D E
Grading, Erosion, and Sediment Control (GESC)1 LS $5,750 $6,000
Bypass Pumping 1 LS $58,000 $58,000
Remove Rock Obstruction at STA 4+50 1 LS $17,250 $17,000
Remove Trees 4 EA $1,380 $6,000
Surface Restoration - Out of Asphalt 1 LS $23,000 $23,000
Demolish Existing Pipe 650 LF $29 $19,000
12-inch Ductile Iron Pipe (FM-N / FM-S) - Not HWY 36 Crossing 1,300 LF $89 $115,000
12-inch Plug Valve - Buried 2 EA $12,938 $26,000
2-inch HDPE Conduit with FMs 650 LF $3 $2,000
Backfill 750 CY $9 $7,000
Excavation - In Rock 1,035 CY $46 $48,000
Pipe Bedding Material - Pea Gravel 280 TONS $23 $6,000
Thrust Restraint - Exterior 1 LS $25,875 $26,000
Grade Cleanout 6 EA $5,750 $35,000
Tracer Wire 1,300 LF $2 $3,000
Lift Station Pipe Supports 1 LS $17,250 $17,000
Lift Station Piping Demolition 1 LS $11,500 $12,000
Lift Station Improvements - Pipe, Valves, and Appurtenances 1 LS $51,750 $52,000
10-inch Ductile Iron Pipe (FM-N / FM-S) - in LS 20 LF $115 $2,000
10-inch Flow Meter and Electrical 1 EA $38,813 $39,000
Pipe Pressure Testing 1 LS $5,750 $6,000
Pipe Flushing 1 LS $5,750 $6,000
Blasting Allowance 1 LS $8,000 $8,000
As-Builts 1 LS $1,000 $1,000
$540,000
Mobilization and Demobilization (10%)1 LS $54,000 $54,000
Bonds and Insurance (2%)1 LS $10,800 $11,000
Contractor Overhead and Profit (15%)1 LS $90,750 $91,000
$700,000
Cost Range (-10%) to (+ 15%)to $810,000
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST
Project No: 288603HH
Description Quantity Units Total CostUnit Cost
Upper Thompson Sanitation District (UTSD) - Work South of US HWY 36
Sub-Total
Sub-Total UTSD South of US HWY 36 (Rounded)
$630,000
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 2 of 6 Date Printed: 10/17/2018
DRAFT
151
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
A B C D E
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST
Project No: 288603HH
Description Quantity Units Total CostUnit Cost
Grading, Erosion, and Sediment Control (GESC)1 LS $5,750 $6,000
Traffic Control (50% split)1 LS $17,250 $17,000
Bypass Pumping 1 LS $19,000 $19,000
Surface Restoration - Curb & Gutter and Sidewalk by FM/SS 290 LF $29 $8,000
Surface Restoration - Asphalt (patching in US 36) (50% split)18 TONS $201 $4,000
Surface Restoration - Base Course (patching in US 36) (50% split)41 TONS $35 $1,000
Surface Restoration - Asphalt (Pavement in Mall Road) (50% split)532 TONS $115 $61,000
Surface Restoration - Base Course (Pavement in Mall Road) (50% split)910 TONS $35 $31,000
Demolish Existing Concrete Encasement 1 LS $5,750 $6,000
Demolish Existing Manhole 4 EA $2,875 $12,000
Plug and Abandon Existing Pipe, Manholes, Casing Pipe 1 LS $17,250 $17,000
Demolish Existing Pipe 302 LF $29 $9,000
FM HWY 36 Crossings (Casing and Pipe)140 LF $288 $40,000
12-inch Ductile Iron Pipe (FM-N / FM-S) - Not HWY 36 Crossing 700 LF $89 $62,000
18-inch PVC Pipe (SS)680 LF $92 $63,000
8-inch PVC Pipe (SS)180 LF $52 $9,000
4-inch PVC Pipe (SS)50 LF $40 $2,000
2-inch HDPE Conduit with FMs 1,050 LF $3 $4,000
SS Service Connection 5 EA $3,450 $17,000
Backfill 1,100 CY $9 $10,000
Excavation - In Rock 1,590 CY $46 $73,000
Pipe Bedding Material - Pea Gravel 370 TONS $23 $9,000
Cast-In-Place Concrete Manhole P-4 1 LS $17,250 $17,000
Precast Concrete Manhole 7 EA $17,250 $121,000
Thrust Restraint - Exterior 1 LS $25,875 $26,000
Tracer Wire 1,700 LF $2 $4,000
Pipe Pressure Testing 1 LS $5,750 $6,000
Pipe Flushing 1 LS $5,750 $6,000
Blasting Allowance (50% Split)1 LS $8,000 $8,000
As-Builts (50% Split)1 LS $2,500 $3,000
$671,000
Mobilization and Demobilization (10%)1 LS $67,100 $67,000
Bonds and Insurance (2%)1 LS $13,420 $13,000
Contractor Overhead and Profit (15%)1 LS $112,650 $113,000
$870,000
Cost Range (-10%) to (+ 15%)to $1,000,000
$1,570,000
Cost Range (-10%) to (+ 15%)to $1,810,000
NOTES:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
Total UTSD Portion (Rounded)
$780,000
$1,410,000
Upper Thompson Sanitation District (UTSD) - Work Within and North of US HWY 36
Sub-Total
Sub-Total UTSD Within and North of US HWY 36 (Rounded)
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 3 of 6 Date Printed: 10/17/2018
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152
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
A B C D E
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST
Project No: 288603HH
Description Quantity Units Total CostUnit Cost
Grading, Erosion, and Sediment Control (GESC)1 LS $575 $600
Traffic Control (50% split)1 LS $8,625 $8,600
12-inch pipe in 24-inch Casing - HWY 36 Crossing 70 LF $288 $20,100
Elec Conduit Duct Bank - HWY 36 Crossing (install only, materials by TEP)70 LF $40 $2,800
Conduit Concrete Encasement 50 LF $115 $5,800
Backfill 52 CY $9 $500
Excavation - In Rock 83 CY $46 $3,800
Pipe Bedding Material - Pea Gravel 19 TONS $23 $400
Surface Restoration - Asphalt (patching in US 36) (50% split)18 TONS $201 $4,000
Surface Restoration - Base Course (patching in US 36) (50% split)41 TONS $35 $1,000
Surface Restoration - Out of Asphalt 40 LF $58 $2,300
12-inch Gate Valve 1 EA $17,250 $17,300
Utility Box - Install only (4)2 EA $1,150 $2,300
Thrust Restraint 1 LS $3,450 $3,500
Fiber Optic - Install Only @ 2 feet buried above 12" W (4)50 LF $5 $200
Blasting Allowance (50% Split)1 LS $4,000 $4,000
As-Builts (50% Split)1 LS $1,250 $1,000
$78,000
Mobilization and Demobilization (10%)1 LS $7,800 $7,800
Bonds and Insurance (2%)1 LS $1,560 $1,600
Contractor Overhead and Profit (15%)1 LS $13,110 $13,100
$110,000
Total Project Cost Range (-10%) to (+ 15%)to $130,000
NOTES:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
Town of Estes Park (TEP) Bid Additive A
Sub-Total TEP Portion Bid Additive A (Rounded)
4. TEP cost provides that all fiber optic and conduits (materials) and appurtenances are furnished by TEP and installed by the contractor.
5. Items depicted as "Install Only" are furnished by the TEP and installed by the Contractor. All other items are furnished and installed by the
Contractor
$100,000
Sub-Total
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 4 of 6 Date Printed: 10/17/2018
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153
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
A B C D E
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST
Project No: 288603HH
Description Quantity Units Total CostUnit Cost
Grading, Erosion, and Sediment Control (GESC)1 LS $5,175 $5,000
Traffic Control (50% split)1 LS $8,625 $9,000
12-inch Ductile Iron Pipe (W)1,000 LF $60 $60,000
Pipe Concrete Encasement 70 LF $138 $10,000
Backfill 574 CY $9 $5,000
Excavation - In Rock 796 CY $46 $37,000
Pipe Bedding Material - Pea Gravel 216 TONS $23 $5,000
Surface Restoration - Curb & Gutter by waterline 640 LF $17 $11,000
Surface Restoration - Asphalt (Pavement in Mall Road) (50% split)532 TONS $115 $61,000
Surface Restoration - Base Course (Pavement in Mall Road) (50% split)910 TONS $35 $31,000
Surface Restoration - Out of Asphalt 40 LF $58 $2,000
Fire Hydrant Assembly 2 EA $20,000 $40,000
12-inch Gate Valve 3 EA $17,250 $52,000
Utility Box - Install only (4)1 EA $1,150 $1,000
Thrust Restraint 1 LS $31,050 $31,000
Fiber Optic - Install Only @ 2 feet buried above 12" W (4)1,160 LF $5 $5,300
Air/Vac Assembly 1 LS $20,000 $20,000
Blasting Allowance (50% Split)1 LS $4,000 $4,000
As-Builts (50% Split)1 LS $1,250 $1,300
$391,000
Mobilization and Demobilization (10%)1 LS $39,100 $39,000
Bonds and Insurance (2%)1 LS $7,820 $8,000
Contractor Overhead and Profit (15%)1 LS $65,700 $66,000
$510,000
Total Project Cost Range (-10%) to (+ 15%)to $590,000
NOTES:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
5. Items depicted as "Install Only" are furnished by the TEP and installed by the Contractor. All other items are furnished and installed by the
Contractor
4. TEP cost provides that all fiber optic and conduits (materials) and appurtenances are furnished by TEP and installed by the contractor.
Town of Estes Park (TEP) Bid Additive B
Sub-Total
Sub-Total TEP Portion Bid Additive B (Rounded)
$460,000
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 5 of 6 Date Printed: 10/17/2018
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154
Client: Upper Thompson Sanitation District
Project: FCLS Parallel Force Main Project By: RAF Ckd: SMR
Item: 100% Cost Opinion Date: 10/15/2018 Date: 10/16/2018
A B C D E
Mott MacDonald
Consulting Engineering and Project Management
OPINION OF PROBABLE CONSTRUCTION COST
Project No: 288603HH
Description Quantity Units Total CostUnit Cost
Grading, Erosion, and Sediment Control (GESC)1 LS $1,150 $1,200
12-inch Ductile Iron Pipe (W)130 LF $60 $7,800
Backfill 75 CY $9 $700
Excavation - In Rock 104 CY $46 $4,800
Pipe Bedding Material - Pea Gravel 28 TONS $23 $600
Surface Restoration - Asphalt Patch 5 TONS $403 $2,000
Surface Restoration - Out of Asphalt 100 LF $58 $5,800
Thrust Restraint 1 LS $8,625 $8,600
Blasting 1 LS $1,500 $1,500
As-Builts 1 LS $500 $500
$34,000
Mobilization and Demobilization (10%)1 LS $3,400 $3,400
Bonds and Insurance (2%)1 LS $680 $700
Contractor Overhead and Profit (15%)1 LS $5,715 $5,700
$50,000
Total Project Cost Range (-10%) to (+ 15%)to $60,000
NOTES:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
Grading, Erosion, and Sediment Control (GESC)1 LS $1,150 $1,200
12-inch Ductile Iron Pipe (W)130 LF $60 $7,800
Backfill 75 CY $9 $700
Excavation - In Rock 104 CY $46 $4,800
Pipe Bedding Material - Pea Gravel 28 TONS $23 $600
Surface Restoration - Out of Asphalt 130 LF $58 $7,500
Fire Hydrant 1 EA $20,000 $20,000
12-inch Gate Valve 1 EA $17,250 $17,300
Connect to Existing Pipe 1 LS $5,750 $5,800
Thrust Restraint 1 LS $8,625 $8,600
Blasting 1 LS $1,500 $1,500
As-Builts 1 LS $500 $500
$76,000
Mobilization and Demobilization (10%)1 LS $7,600 $7,600
Bonds and Insurance (2%)1 LS $1,520 $1,500
Contractor Overhead and Profit (15%)1 LS $12,765 $12,800
$100,000
Total Project Cost Range (-10%) to (+ 15%)to $120,000
NOTES:
1. Does not include 5% construction change order allowance.
2. Does not include 10% Unaccounted for items
3. Does not include O&M Costs
Town of Estes Park (TEP) Bid Additive C
Town of Estes Park (TEP) Bid Additive D
$50,000
Sub-Total
Sub-Total TEP Portion Bid Additive D (Rounded)
$90,000
Sub-Total
Sub-Total TEP Portion Bid Additive C (Rounded)
Filename: UTSD FCLSFM OPCC 10-15-2018.xlsx Page 6 of 6 Date Printed: 10/17/2018
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