HomeMy WebLinkAboutPACKET Town Board 2023-05-09The 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, May 9, 2023
7:00 p.m.
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments
will be provided to the Board for consideration during the agenda item and added to the final packet.
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 April 25, 2023 and Town Board Study Session Minutes
dated April 25, 2023.
3. Transportation Advisory Board Minutes dated March 15, 2023 (acknowledgment only).
4. Resolution 46-23 Intergovernmental Agreement for Fiscal Year 2023 Federal Transit
Administration 5311 Rural Area Formula Funds to Support Estes Transit with the
Colorado Department of Transportation - CDOT PO 491003170.
5. Resolution 47-23 Contract for the 2023 Overlay & Patching Program with Martin
Marietta Materials, Inc. for $727,741.40 – Budgeted.
6. Resolution 48-23 Contract for 2023 Waste and Recycling Collection Services with
Atlas Unlimited LLC dba Superior Trash Company for $159.659.20 – Budgeted.
7. Resolution 49-23 2023 Contract for Operation of Estes Transit with RATP Dev USA,
Inc., $589,655.45 – Budgeted.
Prepared 04-27-2023
*Revised 05-05-2023
*
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
LIQUOR ITEMS:
1. RESOLUTION 50-23 CHANGE OF LOCATION FOR A TAVERN LIQUOR LICENSE
HELD BY MONTEGO BAY ENTERPRISES INC. DBA THE WAPITI COLORADO
PUB FROM 247 W. ELKHORN AVENUE TO 1350 FALL RIVER ROAD, ESTES
PARK, COLORADO. Town Clerk Williamson.
To consider a change in location of a tavern liquor license application and to consider
the needs and desires of the neighborhood.
2. RESOLUTION 51-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE
APPLICATION FOR MONTEGO BAY ENTERPRISES INC. DBA THE DOWNTOWN
EATERY, 247 W. ELKHORN AVENUE, ESTES PARK, COLORADO. Town Clerk
Williamson.
To consider a new liquor license application and to consider the needs and desires of
the neighborhood.
3. RESOLUTION 52-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE
APPLICATION FOR OLE INTERNATIONAL KITCHEN LLC DBA OLE
INTERNATIONAL KITCHEN, 145 E. ELKHORN AVENUE, UNIT 300-304, ESTES
PARK, COLORADO. Town Clerk Williamson.
To consider a new liquor license application and to consider the needs and desires of
the neighborhood.
ACTION ITEMS:
1. APPOINT A TRUSTEE TO THE TOWN BOARD TO FILL THE VACANCY TILL THE
NEXT ELECTION ON APRIL 2, 2024. Town Clerk Williamson.
Town Board to discuss and take action following interview held at the Study Session.
2. ORDINANCE 05-23 AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL
CODE INCLUDING THE RESIDENT EXEMPTION FOR PAID PARKING. Manager
Solesbee.
Extending the free, daily time limit from 60 minutes (1 hour) to 120 minutes (2 hours)
for residents parking downtown during the paid parking season.
ADJOURN.
Page 2
Town of Estes Park, Larimer County, Colorado, April 25, 2023
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 25th day of April, 2023.
Present: Wendy Koenig, Mayor
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Vacancy
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
GRADUATION CEREMONY: 2023 COMMUNITY INFORMATION ACADEMY (CIA)
PARTICIPANTS. Mayor Koenig, Town Administrator Machalek, and Public Information
Officer Miller presented participation certificates to the graduates of the 2023 CIA.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Hazelton) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Steve Kruger/Town citizen thanked event attendees recognizing Restoration Ranch of
Colorado and Valor Vacations, which would provide vacations to first responders and
their families. He stated meetings have been scheduled with multiple lodging
establishments to start the reservation process.
Bruce Darby/Town citizen introduced himself to the Board as an applicant for the vacant
Trustee position on the Town Board.
Kristine Poppitz/County citizen provided an update on the petition being circulated by
Preserve Estes Park.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Congratulations to the CIA
Graduates. The need to create standards for the onboarding of volunteers to Town boards
and committees. Several Trustees attended the event for Restoration Ranch of Colorado
and Valor Vacations and spoke in favor of the efforts to support first responders. The
Rooftop Rodeo Parade would be held July 6, 2023 with the theme of “A Cowboys Salute
to the Armed Forces” and volunteers are needed for the rodeo. The Estes Park Economic
Development Corporation Executive Committee met and discussed transitioning to a
seven-member Board from five-members and staffing changes. The Police Auxiliary met
and discussed volunteer hours and were trained on addressing elk calving. The Estes
Park Planning Commission met and discussed the missing middle concept in housing
and elected officials for the year.
TOWN ADMINISTRATOR REPORT.
None.
DR
A
F
T
Page 3
Board of Trustees – April 25, 2023 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated April 11, 2023, Town Board Study Session Minutes
dated April 11, 2023, and Town Board Strategic Planning Study Session Minutes
dated April 5, 2023.
3. Family Advisory Board Minutes dated March 2, 2023 and Special Family Advisory
Board Minutes dated February 24, 2023 (acknowledgment only).
4. Estes Park Board of Adjustment Minutes dated January 3, 2023 (acknowledgment
only).
5. Estes Park Planning Commission Minutes dated January 17, 2023, and Estes Park
Planning Commission Study Session Minutes dated January 17, February 21, and
March 21, 2023 (acknowledgment only).
6. 2023 Art in Public Places (AIPP) Yarn Bombing Application.
7. Resolution 42-23 Setting a Public Hearing for a Change of Location for a Tavern
Liquor License held by Montego Bay Enterprises Inc. dba The Wapiti Colorado
Pub from 247 W. Elkhorn Avenue to 1350 Fall River Road, Estes Park, CO 80517
for May 9, 2023.
8. Resolution 43-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor
License Application for Montego Bay Enterprises Inc. dba The Downtown Eatery,
247 W. Elkhorn Avenue, Estes Park, Colorado, for May 9, 2023.
9. Resolution 44-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor
License Application for Ole International Kitchen LLC dba Ole International
Kitchen, 145 E. Elkhorn Avenue, Units 300-304, Estes Park, Colorado, for May 9,
2023.
10. Correcting the Appointment of Richard Dowling to the Estes Park Board of Appeals
for a term expiring May 1, 2025.
It was moved and seconded (Hazelton/Younglund) to approve the Consent Agenda,
and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. NEW INITIATIVES FOR FUTURE SUCCESS: ESTES PARK MUSEUM
FRIENDS & FOUNDATION. Estes Park Museum Friends & Foundation, Inc.
President Eric Adams provided an overview of the foundation and highlighted the
Town Board Strategic Plan objectives for the Estes Park Museum, grant
applications submitted by the Foundation, financial and volunteer support,
improvements to the artifact annex, resignations and transitioning to the current
Board, and future goals of the Foundation in support of the Estes Park Museum.
ACTION ITEMS:
1. RESOLUTION 45-23 OPPOSING COLORADO SENATE BILL 23-213.
Town Attorney Kramer presented Resolution 45-23 to oppose Colorado Senate
Bill 23-213 which would dramatically change the relationship between the State
and local governments on matters of land use and zoning. He highlighted impacts
on Estes Park, previous discussions with the Town Board, and the large number
of proposed amendments to the bill specifically regarding accessory dwelling units.
Despite the proposed amendments, Staff recommended approval of Resolution
45-23. The Board discussed staff’s perception of the bill being approved by the
state and it was moved and seconded (Younglund/MacAlpine) to approve
Resolution 45-23, and it passed unanimously.
2. SETTING THE PUBLIC HEARING FOR ORDINANCE 04-23 AMENDING
CHAPTER 14.12 OF THE ESTES PARK MUNICIPAL CODE TO ADOPT THE
2021 EDITIONS OF INTERNATIONAL CODES, INCLUDING THE
INTERNATIONAL BUILDING, RESIDENTIAL, EXISTING BUILDING, FUEL
DR
A
F
T
Page 4
Board of Trustees – April 25, 2023 – Page 3
GAS, MECHANICAL, PLUMBING, PROPERTY MAINTENANCE, ENERGY
CONSERVATION, AND SWIMMING POOL AND SPA CODES, WITH
AMENDMENTS. Director Gardner presented Ordinance 04-23 to amend the Estes
Park Municipal Code and adopt the 2021 editions of the International Building
Codes including proposed secondary codes. She provided background on the
process of adopting building codes, timelines, the optional appendices to the 2021
International Energy Conservation Code (IECC), the draft International Residential
Code (IRC) requirements to sprinkle all residential homes, and she provided four
options of adoption of the Colorado Model Electric Ready and Solar Ready Code
(CMER & SRC) codes including appendices. Christine Brinker/Southwest Energy
Efficiency Project (SWEEP) Senior Buildings Policy Manager provided more
details on the differences of the IECC appendices specifically in comparison to the
CMER & SRC. She highlighted the review process, requirements of the
appendices included in the CMER & SRC and electric vehicle plug requirements.
The Board discussed the staff recommendation to adopt the 2021 IECC plus the
CMER & SRC, construction costs impacted by the Solar Ready Code, differences
between the appendices, the impact of the IRC sprinkler requirement on accessory
dwelling units, cost estimates of building components, costs of retrofitting energy
systems, causes of activating sprinkler systems in residential homes, and the
process of a special district adopting building codes.
It was moved and seconded (Martchink/Hazelton) to set the public hearing for
Ordinance 04-23 for May 23, 2023, and it passed unanimously. The Board
directed staff to bring forward Ordinance 04-23 with the removal of Appendices
RB, CB, and additional edits to the International Energy Conservation Code as
they relate to RB and CB; and maintain inclusion of the CMER & SRC, and the
IRC sprinkler requirement with the option to remove following discussion of the
Board on May 23, 2023. The SWEEP recommendations for the CMER & SRC
could be considered at a later date.
REPORTS AND DISCUSSION ITEMS:
1. ESTES PARK BOARD OF TRUSTEES VACANCY LETTERS OF INTEREST.
Town Clerk Williamson presented the next steps to fill the vacant Trustee position
on the Board. She highlighted the statutory requirements to fill the position, and as
previously determined by the Board, the Town requested and received nine letters
of interest to fill the vacancy by appointment. All nine individuals meet the
requirements to serve on the Board and the Board could choose to hold public
interviews or hold a vote to appoint an individual. The Board discussed holding
public interviews at a special meeting, providing questions for public review, option
of a virtual meeting, and whether public comment would be taken during the
interview process. It was determined interviews would be held during the May 9,
2023 Study Session with recommended questions prepared by staff with Board
direction.
2. ESTES TRANSIT BRANDING PROCESS & RECOMMENDATIONS.
Manager Solesbee and Ryan Burke/Slate Communications provided an update on
the Estes Transit Branding Project. They highlighted the goals of the project, the
project process, stakeholders, key takeaways, target markets, the proposed transit
system name, and design concepts for vehicle wraps. The Board discussed
accessibility for colorblind patrons, the animals used for the routes, research for
the project, and options of en route ride availability.
Whereupon Mayor Koenig adjourned the meeting at 9:15 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
DR
A
F
T
Page 5
Town of Estes Park, Larimer County, Colorado April 25, 2023
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 25th day of April, 2023.
Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, Younglund and Vacant Position
Attending: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, and Younglund
Also Attending: Town Administrator Machalek, Town Attorney Kramer,
Deputy Town Administrator Damweber, Deputy Town Clerk
Beers and Estes Park Housing Authority Executive Director
Moulton
Estes Park Housing Authority Board members Blackhurst,
Daley, Frank, Miller, Smith, and Strieb
Absent: Estes Park Housing Authority Board Member Pinkham
Mayor Koenig called the meeting to order at 4:50 p.m. and introductions were made for
the Town Board and Estes Park Housing Authority Board.
ESTES PARK HOUSING AUTHORITY (EPHA) ROLES, RESPONSIBILITIES AND
DECISION-MAKING AUTHORITY WITH RESPECT TO 6E FUNDS. With the passage
of Ballot Issue 6E approximately $6 million a year would be available to addressing
workforce housing and childcare issues in the Estes Valley. Through adoption of the
Annual Workforce Housing and Childcare Funding Plan, the Town would enter into
agreements with partners, to administer programs. The plan identifies EPHA as a key
partner to addressing items related to workforce and attainable housing and has the
staff expertise and programming to carry out strategies outlined in the plan. New
funding would allow for added EPHA staff, expansion of existing and creation of new
programs. Staff requested direction on the extent to which the Town would delegate
responsibility to the EPHA to implement housing strategies outlines in the 2023 Housing
Needs Assessment and Strategic Plan and the extent to which the Town would retain
decision-making authority related to the expenditure of 6E funds and other funds
reserved for workforce and attainable housing. Staff reviewed proposed EPHA roles
and responsibilities as the lead agency for strategy and action items including: Property
acquisition, asset planning, and renovations to existing supply, new supply, funding and
policy, community engagement and client support and organizational capacity building.
Options for decision-making authority included: Coordinated development of an annual
funding plan outlining expectations and the purpose of funds to be approved by both the
Town and Larimer County; the Town retains all decision-making authority and EPHA
would request funds each year for individual programs or seek approval for specific
expenses; the Town defines thresholds for decision-making authority for the EPHA, or
the Town requires approval of individual programs, both existing and new which utilize
6E funds then permit EPHA to carry out the administration as agreed upon. EPHA
would keep the Town apprised of program changes and development so they can make
informed decisions each year on the annual funding plan. Staff highlighted property and
land acquisition as an interest area related to decision points or thresholds. Director
Moulton stated the EPHA has historically demonstrated success in addressing housing
issues in the Estes Valley. The EPHA decision making framework should be nimble, to
allow them to react quickly, match opportunity to need, be financially feasible and
without barriers. EPHA Member Blackhurst spoke regarding funding mechanisms
utilized by the EPHA, obstacles or missed opportunities due to lack of available funding,
DR
A
F
T
Page 6
Town Board Study Session – April 25, 2023 – Page 2
seasonal workforce housing constraints, and project priorities including maintenance
updates to existing facilities.
Joint Board comments and questions have been summarized: Stated the importance of
conducting regular studies to capture community needs and change in demand;
questioned what increased capacity concerns the EPHA may have; would increased
funding allow the EPHA the ability to address needs at a more expeditious pace;
whether the Town would be reviewing budgets annually or would the EPHA have the
ability to bond 6E funding without Town Board approval; the importance of transparency
with the public on how funding would be utilized while coordinating efforts; how
landownership would be handled for purchased properties and whether the lands could
be leveraged to acquire other properties or development; the highest number of dollars
which the EPHA has utilized towards acquisitions; whether 6E funds would be restricted
by TABOR; and whether 6E funds could be utilized toward paying off debts acquired by
EPHA. Concerns were stated on reviewing every individual use of the 6E funds and the
importance of entrusting EPHA to act in their capacity to fulfill directives. Clarification
was requested on how childcare needs fit into projects and its connection to the 6E
funding allocations and the percentage of 6E funding anticipated for housing and
respectively for childcare. Town Administrator Machalek stated staff would be
conducting a new childcare needs assessment to identify the demand forecast. A brief
discussion ensued regarding the timeline to develop an agreement for Town Board
consideration. It was determined staff would develop a draft agreement for Town Board
review at a future study session prior to consideration at a regular meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
None.
FUTURE STUDY SESSION AGENDA ITEMS.
None.
There being no further business, Mayor Koenig adjourned the meeting at 6:29 p.m.
Bunny Victoria Beers, Deputy Town Clerk
DR
A
F
T
Page 7
Page 8
Town of Estes Park, Larimer County, Colorado, March 15, 2023
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 15th day of
March, 2023.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members
Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda
Hanick, Mark Igel, and Gordon Slack; Trustee Patrick
Martchink; Staff Liaison Greg Muhonen
Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko
Gamble, Hanick, and Slack; Director Muhonen; Trustee
Martchink; Manager Solesbee; Recording Secretary
McDonald
Absent: Member Igel
Chair Morris called the meeting to order at 12:07 p.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATE
Trustee Martchink advised that the Town Board of Trustees approved applications for
Chair Morris, Member Finley, and Member Gamble to continue their service on the TAB.
The appointments were approved on March 14, and the new three-year terms will expire
on March 31, 2026.
APPROVAL OF MINUTES DATED FEBRUARY 15, 2023
It was moved and seconded (Slack/Finley) to approve the February 15, 2023, minutes
with a minor amendment, and the motion passed unanimously.
MOBILITY SERVICES UPDATES
Manager Solesbee reported that public feedback on increasing the resident parking
permit time limit was overwhelmingly supportive, with 160 responses received in one
week. Changing this Local 60 permit definition would require amending the Estes Park
Municipal Code at a public hearing; a TAB letter of support to extend the resident
exemption for paid parking would be due March 30 for the April 11 Town Board meeting.
Discussion points included the permit’s utilization history; extending the exemption time
by 30 minutes as opposed to 60; how the Estes Valley Library (EVL) program hours
impact resident permit usage; best practices in place for other mountain towns serving
the parking needs of residents; and encouraging residents to use the Parking Structure,
Big Horn lot, or any other lots during periods of anticipated availability. It was moved and
Page 9
Transportation Advisory Board – March 15, 2023 – Page 2
seconded (Slack/Gamble) to increase the resident exemption permit to 90 minutes,
and the motion passed unanimously. The TAB’s letter of support should show all opinions
on changing the permit definition.
With transit contractor pricing now set, the 2023 Town Transit Service will proceed with
running two trolley routes from 7:30am to 9:30pm daily, allowing for stops approximately
every 20 minutes, May 26-October 22. The Green Route will no longer service the Events
Complex. Dispatch service will be shared with Rocky Mountain National Park (RMNP).
Service for special events will continue, and holiday service will run November 17-January
1, 2024. Bustang to Estes weekend service, newly promoted as Elkstang, will begin
Memorial Day weekend with a slight fee increase from 2022.
Other transit presentation points included the recently launched 2023 sponsorship
program; Via Mobility Service’s free, AAA-funded ride service between Estes Park and
Loveland, offered by reservation on Tuesdays and Wednesdays, 10am-2:30pm, now
through June 30; a planned presentation on transit branding by Slate Communications at
the April TAB meeting; upcoming informational meetings with VanGo for Town Human
Resources staff and local organizations; and grant funding received by the US 34
Transportation Management Organization (TMO) for start-up costs. Updates from the
electric vehicle (EV) initiative included that the Zero-Emission Vehicle (ZEV) Fleet
Transition Plan has been fully funded and budgeted for $40k; an EV Ride & Drive event
is scheduled for April 15, 10am-5pm, in the Town Hall parking lot; and an April 11 Town
Board Study Session on EV Plan implementation, which will include coordination efforts
between the Town’s Power and Communications Division and Platte River Power
Authority on charging infrastructure.
The Parking Division’s summer preparations include encouraging early permit
registrations; collaboration with the EVL, Estes Chamber of Commerce (ECC), the
lodging community, and other businesses; the Parking Structure incentive program and
promotional banner, the Trolley pin program, and other advertising initiatives; extended
transit hours; and expansion of the field team, with an emphasis on parking education
versus issuing citations. There was brief discussion about where best in the community
to place informational flyers about transit and parking.
ENGINEERING & ADMINISTRATIVE UPDATES
Director Muhonen reported that the Graves Avenue Improvements-Safe Routes to School
project is at 100% design, with Colorado Department of Transportation (CDOT)
concurrence pending easement acquisitions; it was agreed that this long overdue project
warrants completion as soon as possible.
The 2023 Street Improvement Program (STIP) chip and crack seal contract with Vance
Brothers was renewed for another year. The overlay and patching contract goes to bid at
the end of March.
The Cleave Street Improvement 90% design plans are being reviewed by the Town and
Sanitation District; comments will be provided to Kimley-Horn. Easement acquisitions
Page 10
Transportation Advisory Board – March 15, 2023 – Page 3
begin soon. Discussion points included the undergrounding of overhead electric; asphalt
and concrete placement; and possible themed art for transformer boxes near the Old
Church Shops.
The Fall River Trail Extension (FRTE) project is still moving slowly for Xcel Energy due to
underestimation of soil conditions and required excavation equipment for the gas line
relocation. A March 8 agreement with Xcel’s contractor should expedite this process and
allow Dietzler’s work to progress. Staff continue to build the Transportation Alternatives
Program (TAP) grant application for the FRTE’s final segment; a TAB letter of support for
this grant was requested by March 21.
The pre-construction meeting for Prospector Apartments was held; mobilization should
start March 16.
The Reclamation Neighborhood is under Colorado Department of Public Health and
Environment (CDPHE) order for safety improvements. Relocation of sanitary lines is
planned for this Capital Improvement Project. There was brief discussion about other
crosswalk safety issues in the area.
Presentations about the Downtown Estes Loop (DEL) and overall downtown construction
projects were requested by the Estes Board of Realtors, the ECC, and Rotary Club.
Director Muhonen and Town Administrator Machalek are meeting these requests.
The US 36 and Community Drive Roundabout construction officially began with trail
underpass work.
2023 OBJECTIVES & 2024 TOWN STRATEGIC PLANNING
Director Muhonen advised that the TAB’s comments on the 2024 Town Strategic Plan
(SP) would be due by March 24. The first planning meeting was held; staff is now
prioritizing projects for formal inclusion in the SP, which establishes multi-year goals and
one-year objectives. Discussion points included how to fund a parking structure on Big
Horn Drive, and the benefit of a TAB letter of support; the difference between special
revenue and enterprise funding for the Mobility Services Division; and how other
communities utilize and benefit from solar panel use.
OTHER BUSINESS
There was brief discussion about jake brake use on US 34, and the possibility of the
Police Department monitoring this; pothole problems on US 36; and the reminder to
comply with Colorado Sunshine Law regarding outside discussion of any TAB-related
business.
There being no further business, Chair Morris adjourned the meeting at 2:04 p.m.
/s/Lani McDonald, Recording Secretary
Page 11
Page 12
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, CAPP, CCTM, Mobility Services Manager
Greg Muhonen, PE, Public Works Director
Date: May 9, 2023
RE: Resolution 46-23 Intergovernmental Agreement for Fiscal Year 2023
Federal Transit Administration 5311 Rural Area Formula Funds to Support
Estes Transit with the Colorado Department of Transportation – CDOT PO
491003170
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works (PW) staff seek Town Board approval of an intergovernmental agreement
(IGA) with the Colorado Department of Transportation (CDOT) for Federal Transit
Administration (FTA) 5311 Rural Area Formula Funds to support Estes Transit
administration and operation.
Present Situation:
The FTA 5311 Program is for rural areas (population less than 50,000) that operate
fixed-route or demand-response general public transit. PW staff was successful in
securing $35k in FTA 5311 funds in 2022 to support the administration and operation of
Estes Transit. This award was supplemented by funds from the American Rescue Plan
Act for a total fiscal year (FY) 2022 award of $51,481 with no local match required.
In August 2022, PW staff applied for FY 2023 funding through the 5311 program, and
the Town Board provided a letter in support of the Town’s application. In December
2022, the Town was notified that Estes Transit would receive $70k in FY 2023 FTA
5311 funding through two separate awards: FY 2023 “Baseline” (this agreement) and
FY 2023 “Expansion” (coming soon). The Baseline award represents what Estes Transit
would have received based on CDOT’s formula-based allocation alone, while the
Expansion award represents an additional allocation stemming from PW staff advocacy
of CDOT on behalf of Estes Transit.
Proposal:
PW staff recommend approval of the IGA with CDOT as presented.
Page 13
Advantages:
•Supplement the Town’s General Fund allocation for administration and operation
of Estes Transit in 2023.
•Continue providing an ongoing, annual source of funding that, while not
guaranteed, is considered stable due to the program’s longevity (10 years).
•Supports the Town Board’s Strategic Plan Key Outcome Area, Transportation,
along with several multi-year goals.
Disadvantages:
•Applying for and receiving grant funding is accompanied by additional
administrative burdens; however, Town staff have recent experience managing a
federal grant of this type.
Action Recommended:
Town Board approval of Resolution 46-23.
Finance/Resource Impact:
Current Impact: The baseline award is $35,000. A 20% local match is required for FY
2023 FTA 5311 Rural Area Formula Funds. The match, $8,750, is budgeted in 101-
5600-456-22-60.
Future Ongoing or One-Time Impacts: None anticipated at this time.
Level of Public Interest
Public interest in this item is likely to be low.
Sample Motion:
I move for the approval/denial of Resolution 46-23.
Attachments:
1.Resolution 46-23 CDOT IGA FY 2023 FTA 5311 Baseline
2.CDOT Subaward Agreement (provided to show agreement content; CDOT has
issued a Docusign form for approval signature)
Page 14
RESOLUTION 46-23
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION
5311 RURAL AREA FORMULA FUNDS TO SUPPORT ESTES TRANSIT
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of accepting Fiscal Year 2023
Federal Transit Administration (FTA) 5311 Rural Area Program Funds to support the
administration and operation of Estes Transit; and
WHEREAS, the Town Board commits to maintaining the existence of public
transportation services in 2023 in support of the goals outlined on page 20 of the
subaward agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 15
Contract Number: 23-HTR-ZL-00121/491003170
Page 1 of 45 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
23-HTR-ZL-00121 / 491003170
Subrecipient
TOWN OF ESTES PARK
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
June 30, 2024 Subaward Agreement Amount
Federal Funds
Maximum Amount (80%)
Local Funds
Local Match Amount (20%)
Agreement Total
$35,000.00
$8,750.00
$43,750.00
Fund Expenditure End Date
June 30, 2024
Agreement Authority
Authority to enter into this Agreement 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), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and
operating assistance to states to support public transportation in rural areas with populations less than 50,000,
where many residents often rely on public transit to reach their destinations. The work to be completed under
this Agreement by the Subrecipient is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A – Statement of Work and Budget.
2.Exhibit B – Sample Option Letter.
3.Exhibit C – Federal Provisions.
4.Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1.Exhibit C – Federal Provisions.
2.Exhibit D – Required Federal Contract/Agreement Clauses.
3.Colorado Special Provisions in §17 of the main body of this Agreement.
4.The provisions of the other sections of the main body of this Agreement.
5.Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
erin.kelican@state.co.us
For Subrecipient:
Vanessa Solesbee
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 80517
vsolesbee@estes.org
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8 Attachment 2
Page 16
Contract Number: 23-HTR-ZL-00121/491003170
Page 2 of 45 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
TOWN OF ESTES PARK
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
2nd State or Subrecipient Signature if needed
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 17
Contract Number: 23-HTR-ZL-00121/491003170
Page 3 of 45 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 18
Contract Number: 23-HTR-ZL-00121/491003170
Page 4 of 45 Version 10/23/19
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “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.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 19
Contract Number: 23-HTR-ZL-00121/491003170
Page 5 of 45 Version 10/23/19
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
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 Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24 -37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement 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.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother’s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24 -72-501 and 24-
73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subj ect to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 20
Contract Number: 23-HTR-ZL-00121/491003170
Page 6 of 45 Version 10/23/19
who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, co mmonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 21
Contract Number: 23-HTR-ZL-00121/491003170
Page 7 of 45 Version 10/23/19
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 d ays following the earlier to occur of Subrecipient’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitme nts beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
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, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in 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. 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 Subrecipient and paid into Subrecipient’s treasury or bank account.
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. 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 Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient 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
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 22
Contract Number: 23-HTR-ZL-00121/491003170
Page 8 of 45 Version 10/23/19
Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be ma de in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does
not modify any requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the W ork,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State .
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written repor t specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 23
Contract Number: 23-HTR-ZL-00121/491003170
Page 9 of 45 Version 10/23/19
allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient 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 and the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”).
Subrecipient shall maintain such records for a period of three years following the date of submission to the
State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation,
claim, or audit related to this Award 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 Subrecipient 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
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’s office or place of business, or at other mutually agreed upo n times or locations, upon
no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient shall not, without prior written approval of
the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State
Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 24
Contract Number: 23-HTR-ZL-00121/491003170
Page 10 of 45 Version 10/23/19
Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confid ential Information in compliance with any and all
applicable laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined
by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perfor m such
analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24 -73-101 et seq.,
C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain an y relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 25
Contract Number: 23-HTR-ZL-00121/491003170
Page 11 of 45 Version 10/23/19
B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be 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 under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, 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 actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State emp loyees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Subrecipient employs or contracts with any State employee, any former State
employee within six months following such employee’s termination of employment with the State, or any
immediate family member of such current or former State employee. Subrecipient shall provide a disclosure
statement as described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a
Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. 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 .
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 26
Contract Number: 23-HTR-ZL-00121/491003170
Page 12 of 45 Version 10/23/19
Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -
10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements
stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within
the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the
GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipie nt is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement
as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direc tion of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 27
Contract Number: 23-HTR-ZL-00121/491003170
Page 13 of 45 Version 10/23/19
a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’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 as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state ; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 28
Contract Number: 23-HTR-ZL-00121/491003170
Page 14 of 45 Version 10/23/19
(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies
available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State
Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover P age for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient 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
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 29
Contract Number: 23-HTR-ZL-00121/491003170
Page 15 of 45 Version 10/23/19
of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsectio ns,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 30
Contract Number: 23-HTR-ZL-00121/491003170
Page 16 of 45 Version 10/23/19
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 31
Contract Number: 23-HTR-ZL-00121/491003170
Page 17 of 45 Version 10/23/19
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colora do and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designe e.
If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available .
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Ac t, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient 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 Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall 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, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 32
Contract Number: 23-HTR-ZL-00121/491003170
Page 18 of 45 Version 10/23/19
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangib le property; or that conflicts with this provision in any way shall be
void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109,
C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[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] Subrecipient certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify
Program or the program procedures of the Colorado Department of Labor and Employment (“Department
Program”) to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher
education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 33
Contract Number: 23-HTR-ZL-00121/491003170
Page 19 of 45 Version 10/23/19
Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101,
et seq., C.R.S., the contracting State agency, institution of higher education or political subd ivision may
terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced
one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 34
Contract Number: 23-HTR-ZL-00121/491003170
Page 20 of 45 Version 10/23/19
EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2023 FTA 5311_Admin Baseline _Estes Park
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date June 30, 2024
FAIN To Be Determined CFDA# 20.509
CFDA Title Formula Grants for Rural Areas Program
Subrecipient Estes Park, Town of DUNS # KNMKSMB6JNW5
Contact Name Vanessa Solesbee Vendor # 2000306
Address PO Box 1200
Estes Park, Colorado 80517-1200
Phone # (970) 577-3957
Email vsolesbee@estes.org Indirect Rate N/A
Total Project Budget $43,750.00
Budget WBS** ALI Federal Funds Local Funds Total
Administrative 22-11-5042.ESTE.620 11.79.00 80% $35,000.00 20% $8,750.00 $43,750.00
Total Project Amount Encumbered via this Subaward Agreement $43,750.00
*This is not a research and development grant.
**The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion.
***FAIN and Date of Federal Award is not available at time execution of contract. This information will reside in
DTRs official Transit/Rail Grants system and will be available upo n request.
A. Project Description
Town of Estes Park shall maintain the existence of public transportation services through the following goals:
1. Enhance access to health care, education, employment, public services, recreation, social
transactions, and other basic needs;
2. Assist in the maintenance, development, improvement and use of public transportation in their
Transportation Planning Region (TPR);
3. Encourage and facilitate the most efficient use of all transportation funds used to provide
passenger transportation in their TPR through the coordination of programs and services; and
4. Encourage mobility management, employment -related transportation alternatives, joint
development practices, and transit-oriented development.
This funding is provided to support the services described above for January 1, 2023 – June 30, 2024.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 35
Contract Number: 23-HTR-ZL-00121/491003170
Page 21 of 45 Version 10/23/19
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Reimbursement Request in COTRAMS Monthly
Submit Progress Reports to GU Manager Quarterly
Submit Final Reimbursement Request in COTRAMS 9/1/2024
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Subaward Agreement: June 30, 2024.
2. Performance will be reviewed throughout the duration of this Subaward 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. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Town of Estes Park will report on performance using the Program Measure Report in COTRAMS:
a. Performance measures established for the FTA Section 5311 Program (Funds Expended,
Fare Revenues, Sources of Expended Funds, Service Data, and Volunteer Resources) will
be tracked and reported on by Town of Estes Park.
4. Performance will be reviewed based on:
a. Completion of quarterly 5311 Program Measure Reports in COTRAMS, and
b. Completion of the annual National Transit Database (NTD) Report.
5. 5311 Program Measure Reports will be submitted in COTRAMS by Town of Estes Park on or
before the following due dates:
a. Quarter 1 due April 28th;
b. Quarter 2 due July 28th;
c. Quarter 3 due October 28th; and
d. Annual Report, including Quarter 4, due January 28th.
6. Town of Estes Park will assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to
FTA by using the biannual FTA DBE Report in COTRAMS to report:
a. Contracts awarded, payments made, and contracts completed between Town of Estes
Park and prime contractors; and
b. Contracts awarded, payments made, and contracts completed between Town of Estes
Park’s prime contractors and their subcontractors.
C. Project Budget
1. The Total Project Budget is $43,750.00. CDOT will pay no more than 80% of the eligible, actual
administrative costs, up to the maximum amount of $35,000.00. CDOT will retain any remaining
balance of the federal share of FTA-5311 Funds. Town of Estes Park shall be solely responsible
for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for
the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of
$35,000.00 (80%) for administrative costs and matching Local Funds of $8,750.00 (20%) for
administrative costs will be encumbered for this Subaward 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 36
Contract Number: 23-HTR-ZL-00121/491003170
Page 22 of 45 Version 10/23/19
3. Town of Estes Park may use eligible federal funds for the Local Funds share, but those funds
cannot be from other Federal Department of Transportation (DOT) programs. Town of Estes
Park’s share, together with the Federal Funds share, must be enough to ensure payment of Total
Project Budget.
4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds
for use on this project. CDOT will administer Federal Funds for this Project under the terms of
this Subaward Agreement, provided that the federal share of FTA funds to be administered by
CDOT are made available and remain available. 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.
D. Allowable Costs
1. Town of Estes Park shall agree to adhere to the provisions for allowable and unallowable costs
cited in the following regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI :
Financial Management; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102.
Other applicable requirements for cost allowability not cited previously, shall also be considered.
2. Town of Estes Park’s operating expenses are those costs directly related to system operations.
Town of Estes Park at a minimum, should consider the following items as operating expenses:
fuel, oil, drivers and dispatcher salaries and fringe benefits, and licenses.
3. If Town of Estes Park elects to take administrative assistance, eligible costs may include but are
not limited to: general administrative expenses (e.g., salaries of the project director, secretary, and
bookkeeper); marketing expenses; insurance premiums or payments to a self -insurance reserve;
office supplies; facilities and equipment rental; standard overhead rates; and the costs of
administering drug and alcohol testing. Additionally, administrative costs for promoting and
coordinating ridesharing are eligible as project administration if the activity is part of a
coordinated public transportation program.
E. Reimbursement Eligibility
1. Town of Estes Park must submit invoice(s) monthly via COTRAMS. Reimbursement will apply
only to eligible expenses that are incurred within the period of performance (January 1, 2023 –
June 30, 2024) of this Subaward Agreement.
2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this
Subaward Agreement. Town of Estes Park will be reimbursed based on the ratio of Federal Funds
share and Local Funds share set forth in the Project Budget above.
3. Town of Estes Park must submit the final invoice within sixty (60) calendar days of June 30, 2024,
and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) days
of issuance of the final reimbursement payment.
F. 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 people with disabilities.
G. Restrictions on Lobbying
Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 37
Contract Number: 23-HTR-ZL-00121/491003170
Page 23 of 45 Version 10/23/19
H. Special Conditions
1. Town of Estes Park will comply with all requirements imposed by CDOT on 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 Town of Estes Park’s
records and financial statements as necessary, with reasonable advance notice.
3. Record retention shall adhere to the requirements outlined in 2 CFR 200.33 4 and FTA C 5010.1E.
4. Town of Estes Park cannot request reimbursement for costs on this project from more than one
Federal Awarding Agency or other federal awards (i.e., no duplicate billing).
5. Town of Estes Park must obtain prior CDOT approval, in writing, if FTA funds are intended to be
used for payment of a lease or for third -party contracts.
6. If receiving FTA 5311 funding, Town of Estes Park shall advert ise 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.
7. If receiving FTA 5311 funding, Town of Estes Park shall maintain and report annually all
information required by NTD and any other financial, fleet, or service data.
8. If receiving FTA 5311 or 5339 funding, Town of Estes Park will ensure subcontractors and
subrecipients comply with FTA Drug and Alcohol Regulations.
9. Town of Estes Park will comply with the Federal Transit Administration (FTA) Drug and Alcohol
Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information
System (DAMIS).
10. 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.
11. 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.”
12. Town of Estes Park will provide transportation services to persons with disabilities in accordance
with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
13. 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.
14. 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,
Town of Estes Park shall require its subrecipients 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 38
Contract Number: 23-HTR-ZL-00121/491003170
Page 24 of 45 Version 10/23/19
15. Town of Estes Park shall agree to produce and maintain documentation that supports compliance
with the Americans with Disabilities Act to CDOT upon request.
16. Town of Estes Park shall update its Agency Profile in COTRAMS with any alterations to existing
construction or any new construction in accordance with FTA Circular 4710.1.
17. If applicable, Town of Estes Park will adopt a Transit Asset Management Plan that complies with
regulations implementing 49 U.S.C. § 5326(d).
18. Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR part 26 and CDOT’s DBE program.
19. Meal delivery must not conflict with providing public transportation service or reduce service to
public transportation passengers.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 39
Contract Number: 23-HTR-ZL-00121/491003170
Page 25 of 45 Version 10/23/19
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with Options 1(A): The Subaward Agreement Amount table on the Agreement’s Cover Page
is hereby deleted and replaced with the Current Subaward Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 40
Contract Number: 23-HTR-ZL-00121/491003170
Page 26 of 45 Version 10/23/19
EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PRO VISIONS
1.1. The Contract to which these Federal 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 Federal Provisions,
the Special Provisions, the body of the Contract, or any attachments or exhibits incorporated into and
made a part of the Contract, the provisions of these Federal Provisions shall control.
2. DEFINITIONS
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to
them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms
and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.1.1. Awards may be in the form of:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. 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);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
2.1.1.2.3. Any award classified for security purposes; or
2.1.1.2.4. 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).
2.1.2. “Contract” means the Agreement or Subaward Agreement to which these Federal Provisions are
attached and includes all Award types in §2.1.1.1 of this Exhibit.
2.1.3. “Contractor” means the party or parties to a Contract or Subaward Agreement funded, in whole or
in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients
and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
2.1.4. “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.
2.1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 41
Contract Number: 23-HTR-ZL-00121/491003170
Page 27 of 45 Version 10/23/19
2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9. “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.”
2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
2.1.13. “Subaward” 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 in accordance with 2 CFR
§200.38. The term does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award o r 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 Subrecipient.
The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “Subrecipient Parent DUNS Number” means the sub recipient parent organization’s 9 -digit Data
Universal Numbering System (DUNS) number that appears in the sub recipient’s System for Award
Management (SAM) profile, if applicable.
2.1.16. “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.
2.1.17. “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:
2.1.17.1. Salary and bonus;
2.1.17.2. 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;
2.1.17.3. 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;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 42
Contract Number: 23-HTR-ZL-00121/491003170
Page 28 of 45 Version 10/23/19
2.1.17.6. 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, p erquisites or
property) for the Executive exceeds $10,000.
2.1.18. “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.
2.1.19. “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.
2.1.20. “Vendor” means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions
of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these
Federal Provisions. Any revisions to such provisions or regulations shall automatically become a part of
these Federal 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.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. 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.
4.2. 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.
5. TOTAL COMPENSATION
5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor r eceived:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and
5.1.2.2. $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
5.1.3. 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.
6. REPORTING
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit 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 req uired under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 43
Contract Number: 23-HTR-ZL-00121/491003170
Page 29 of 45 Version 10/23/19
are based on guidance from the US Office of Management and Budget (OMB), and as such are subjec t
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.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 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 r eporting 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.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of
December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014 .
8. SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
9. PROCUREMENT STANDARDS
9.1. Procurement Procedures. A 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.
9.2. Procurement of Recovered Materials. If a Subrec ipient is a State Agency or an agency of a political
subdivision of the 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 44
Contract Number: 23-HTR-ZL-00121/491003170
Page 30 of 45 Version 10/23/19
10. ACCESS TO RECORDS
10.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient’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 nationa l policy requirements) through 200.309 (Period of
performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Sub recipient’s fiscal year, the
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. 7501-7507). 2 CFR §200.501.
11.1.1. Election. A 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). The 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 Prime 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.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
the 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.
11.1.3. Subrecipient Compliance Responsibility. A 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 s hall 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.
12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. 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 P art, 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.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. 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
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 45
Contract Number: 23-HTR-ZL-00121/491003170
Page 31 of 45 Version 10/23/19
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
12.1.1.1.2. 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.
12.1.1.1.3. 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.
12.1.1.1.4. 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.
12.1.1.1.5. 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.
12.1.1.1.6. In the event of 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.
12.1.1.1.7. 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: Provided, however, that in the event 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.”
12.1.2. 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 46
Contract Number: 23-HTR-ZL-00121/491003170
Page 32 of 45 Version 10/23/19
12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
definition of “funding Contract” 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
Contract,” 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 Contracts,” and any implementing regulations issued by the awarding
agency.
12.1.4. 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 subawards 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).
12.1.5. 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 th at 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.
12.1.6. 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.
13. CERTIFICATIONS
13.1. 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 Sta te 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 .
14. EXEMPTIONS
14.1. These Federal 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.
14.2. 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.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 47
Contract Number: 23-HTR-ZL-00121/491003170
Page 33 of 45 Version 10/23/19
EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the
Underlying 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 Subrecipient) to the underlying 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 underlying 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 Subrecipient) to the underlying Agreement.
Section 4(f) – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient 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 CFR part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient 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 Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient agrees to comply with the record retention requirements in the applicable U.S.
OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any
Amendments thereto must be retained from the day the underlying 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 Subrecipient has submitted its last or final expenditure report, and other pending matters
are closed.
(c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and a udit
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
Subrecipient and each of its Subrecipients,
(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 Subrecipient or Third party Participant within books,
records, accounts, or other locations, and
(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 Subrecipient 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 th e
Master Agreement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 48
Contract Number: 23-HTR-ZL-00121/491003170
Page 34 of 45 Version 10/23/19
3(G) – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance .
The Subrecipient 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 (or CDOT) awards federal assistance to the
Subrecipient 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 Subrecipient or the accompanying Agreement, except as FTA determines
otherwise in writing.
12 – Civil Rights
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient 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:
(i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
(ii) 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 CFR part 21; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332 ; and
(3) Follow:
(i) 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;
(ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3;
and
(iii) All other applicable federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient 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:
(i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.;
(ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§
12101, et seq.;
(iii) 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;
(iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of th e
Master Agreement;
(v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients;” and
(vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements .
(2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will:
(i) Affirmative Action. Take affirmative action that includes, but is not limited to:
(A) Recruitment advertising, recruitment, and employment;
(B) Rates of pay and other forms of compensation;
(C) Selection for training, including apprenticeship, and upgrading; and
(D) Transfers, demotions, layoffs, and terminations; but
(ii) 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:
(i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 CFR chapter 60; and
(ii) 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 Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 49
Contract Number: 23-HTR-ZL-00121/491003170
Page 35 of 45 Version 10/23/19
(i) 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;
(ii) 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:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but
(B) 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;”
(iii) 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;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATB CB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609;
(x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xi) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient 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
(a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, 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 CFR part 622, subpart C.
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 50
Contract Number: 23-HTR-ZL-00121/491003170
Page 36 of 45 Version 10/23/19
(a) Justification. After providing written notice to the Subrecipient, the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 expirati on 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.
(a) Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and
1200.220) with any Third Party Participant that is, or whose principal is, suspended, debarred, or
otherwise excluded from participating in covered transactions, except as authorized by-
(i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200;
(ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 CFR part 180; and
(iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or
suspended Subrecipients 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,” if required by U.S. DOT regulations, 2 CFR part 1200.
(4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and
debarment provisions to all lower tier covered transactions.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
underlying Agreement,
(ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(iii) 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 Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, and 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 underlying Agreement, and any Amendments thereto
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 51
Contract Number: 23-HTR-ZL-00121/491003170
Page 37 of 45 Version 10/23/19
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; Flow Down Requirement. If a current or prospective legal matter that may affect the
Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA
Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party Participant to
include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered
transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(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 disa greement 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) Additional Notice to U.S. DOT Inspector General. The Subrecipient 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 Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse
occurring on a Project receiving assistance from FTA. The notification provision applies if a person has
or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may
have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
interest, bid rigging, misappropriation or embezzlement, bribery, g ratuity, or similar misconduct
involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement
or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer,
employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any
tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or
civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal
indictment or civil complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer
information without delay and without change. This notification provision applies to all divisions of the
Subrecipient, including divisions tasked with law enforcement or investigatory functions.
(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 Subrecipient may return all liquidated damages it receive s to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
(d) Enforcement. The Subrecipient 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.
a. Lobbying Restrictions. The Subrecipient 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 underlying Agreement,
including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with
31 U.S.C. § 1352, as amended; and
(iii) 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 Subrecipient’s or Subrecipient’s proper official
channels.
Section 26. Environmental Protections – Clean Air and Clean Water
(d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures
that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws,
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 52
Contract Number: 23-HTR-ZL-00121/491003170
Page 38 of 45 Version 10/23/19
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 No. 11988, as
amended, “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 Subrecipient 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 CFR part 661, to the extent consistent with 49 U.S.C. §
5323(j);
(c) 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 CFR
part 381; and
(d) 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 CFR §§ 301-10.131 –
301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient 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 underlying Agreement,
including the:
(1) Prevailing Wage Requirements of:
(i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”);
(ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and
(iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstr uction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
(2) Wage and Hour Requirements of:
(i) 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
(ii) 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 CFR part 5.
(3) “Anti-Kickback” Prohibitions of:
(i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874;
(ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and
(iii) 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 CFR part 3.
(4) Construction Site Safety of:
(i) 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
(ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part
1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health
Regulations for Construction,” 29 CFR part 1926.
From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 53
Contract Number: 23-HTR-ZL-00121/491003170
Page 39 of 45 Version 10/23/19
(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 Subrecipient will not impose excessive bonding and will follow FTA guidance.
From Section 23
(b) Seismic Safety. The Subrecipient 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 CFR part 41, specifically,
49 CFR § 41.117.
Section 12 Civil Rights D(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:
(i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 CFR chapter 60, and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), 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 Subrecipient 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 CFR part 5.
Applicable to Transit Operations
a. 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 Subrecipient
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):
(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 protectiv e arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the underlying Agreement and that the Subrecipient 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
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and
the Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient 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 o r 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 54
Contract Number: 23-HTR-ZL-00121/491003170
Page 40 of 45 Version 10/23/19
(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 CFR 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 r egulations, 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 Subrecipient 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 Subrecipient 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 CFR 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 Subrecipient 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 CFR part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
(b) Violations. If a Subrecipient 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 Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply
with:
(i) Federal transit laws, specifically 49 U.S.C. § 5331;
(ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
CFR part 655; and
(iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 CFR part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a
Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
CFR part 655, the Federal Transit Administrator may bar that Subrecipient 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 Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient 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 underlying 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, the Subrecipient will notify FTA immediately and provide a detailed
report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 55
Contract Number: 23-HTR-ZL-00121/491003170
Page 41 of 45 Version 10/23/19
(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 hig her education, or individual, the
Subrecipient 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 CFR part
401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient 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 underlying Agreement.
(b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the
performance of the Agreement:
(1) Prohibitions. The Subrecipient 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 Subrecipient’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.
(c) Federal Rights in Data and Copyrights. The Subrecipient 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 Subrecipient 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 Subrecipient
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 Subrecipient and its Third Party
Participants. Therefore, the Subrecipient 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 repo rt 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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 56
Contract Number: 23-HTR-ZL-00121/491003170
Page 42 of 45 Version 10/23/19
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
(e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient 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 Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its v iolation 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 Subrecipient 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 Subrecipient 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 Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
(i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient 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 Subrecipient 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. To the extent authorized by applicable federal laws, regulations, or
requirements, the Subrecipient 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 Subrecipient agrees to comply with:
(i) Section 11101(e) of IIJA;
(ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 CFR part 26; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement.
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and
that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(i) 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 CFR part 26;
and
(ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the
Subrecipient 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
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 57
Contract Number: 23-HTR-ZL-00121/491003170
Page 43 of 45 Version 10/23/19
management system. The Subrecipient 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 CFR § 26.13(a):
(i) Recipient Assurance. The Subrecipient agrees and assures that:
(A) 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 CFR part 26;
(B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT-assisted contracts;
(C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement; and
(D) 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 this Master Agreement.
(ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third party contract it signs
with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
(A) The Subrecipient, 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 CFR part 26;
(B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all
necessary and reasonable steps under 49 CFR 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;
(C) Failure by the Subrecipient 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
(D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include , but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 CFR 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 Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) 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;
(ii) 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:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but
(B) 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;”
(iii) 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;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 58
Contract Number: 23-HTR-ZL-00121/491003170
Page 44 of 45 Version 10/23/19
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) 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 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64,
Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609,
(xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xii) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Section 16. Procurement.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient 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 Contrac ting
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.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 59
Contract Number: 23-HTR-ZL-00121/491003170
Page 45 of 45 Version 10/23/19
EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients 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 State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable :
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
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 State 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 statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State 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 State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, 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 the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
DocuSign Envelope ID: 8F95030F-2521-4083-9A54-F741FFDD62B8
Page 60
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Trevor Wittwer, EIT, Civil Engineer
Jeff Bailey, PE, Town Engineer
Date: May 9, 2023
RE: Resolution 47-23 Contract for the 2023 Overlay & Patching Program with
Martin Marietta Materials, Inc. for $727,741.40 – Budgeted.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works seeks approval from the Town Board for the 2023 Overlay & Patching
Program construction agreement with Martin Marietta Materials, Inc. (Martin Marietta)
for the repaving of multiple roads in the Town of Estes Park.
Present Situation:
On March 28, 2023, Public Works presented a plan to improve the condition of Town
streets to an overall system-wide PCI of 70 by the year 2024. To effectively implement
this plan, we need to hire a contractor to begin the 2023 Street Overlay & Patching
Program.
On March 31, 2023, Public Works advertised an Invitation to Bid for the 2023 Overlay &
Patching Program. The Program includes the Town’s annual Overlay and Patching
program.
Six general contractors attended the mandatory pre-bid meeting on April 6, 2023. After
three weeks of advertising, five bids were received on April 19, 2023. The following
table contains the bids for each company, and the Engineer’s Estimate:
COMPANY CITY TOTAL FEE
Martin Marietta Materials, Inc. Fort Collins, CO $727,741.40
Coulson Excavating Co., Inc. Loveland, CO $743,431.50
All Pro Pavement Loveland, CO $758,769.50
Brannan Sand & Gravel Co., LLC Denver, CO $891,325.80
Simon Contractors Fort Collins, CO $919,340.14
Engineer’s Estimate $954,343.00
Page 61
The apparent low bidder was Martin Marietta. This contractor has extensive repaving
experience and a reputation of performing quality work, including projects on the CDOT
network.
Proposal:
Public Works proposes approving the construction agreement for the 2023 Overlay &
Patching Program with Martin Marietta Materials, Inc. in the amount of $727,741.40.
Advantages:
•Rehabilitation of multiple roads in Estes Park, including a portion of W Elkhorn
Avenue
•Utilization of 1A sales tax funds to improve Estes Park streets, which moves the
2024 STIP Program forward
Disadvantages:
•Disruption of traffic and parking in the proposed work areas; however, holiday
weekends and local events have been identified as non-working days.
•Funds could be used for other purposes; however, this usage is in line with the
proposed 2024 STIP Program and Resolution 04-19.
Action Recommended:
Staff recommends approving the attached construction agreement to Martin Marietta in
the amount of $727,741.40 and authorizing Public Works staff to spend up to a total
amount of $873,300.00 for additional street overlay work during construction.
Finance/Resource Impact:
This project will be funded from the Street Improvement Fund account number 260-
2000-420.35-51.
Level of Public Interest
Public interest on this project is expected to be moderate to high.
Sample Motion:
I move for approval/denial of Resolution 47-23.
Attachments:
1.Resolution 47-23
2.Construction Contract
Page 62
RESOLUTION 47-23
APPROVING A CONTRACT WITH MARTIN MARIETTA MATERIALS, INC. FOR 2023
OVERLAY & PATCHING PROGRAM
WHEREAS, the Town Board wishes to enter a construction contract referenced in
the title of this resolution for overlay and patching.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the construction contract
referenced in the title of this resolution in substantially the form now before the Board.
The Board authorizes the Public Works Director to spend up to $873,300.00 for this
construction project in 2023.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 63
Agreement for Construction Contract--Page 1 of 6
CONSTRUCTION CONTRACT
2023 OVERLAY & PATCHING PROGRAM
THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of
Estes Park, Colorado (Town), a municipal corporation, and Martin Marietta Materials, Inc.
(Contractor), a corporation, whose address is 1800 N. Taft Hill Rd, Fort Collins, CO 80521.
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract
Documents.
CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents.
In resolving inconsistencies among two or more of the Contract Documents, precedence will be
given in the same order as enumerated.
LIST OF CONTRACT DOCUMENTS.
The Contract Documents, except for Modifications and Change Orders issued after execution of
this Agreement, are:
1. Change Orders;
2. Construction Contract;
3. The following addenda, if any:
i.Number Date Page(s)
1 April 12, 2023 9;
4. The following Special Conditions of the Contract:
i.Document Page(s)
Special Conditions 3;
5. General Conditions;
6. The following Technical Specifications:
i.Document Page(s)
Specifications 12;
7. The following Drawings:
i.Number Title Date
Exhibit A Overview March 27, 2023
Exhibit B Patching March 27, 2023
Exhibit C Overlay April 12, 2023
Exhibit D Striping & Markings March 27, 2023
Attachment 2
Page 64
Agreement for Construction Contract--Page 2 of 6
8. Notice to Proceed;
9. Notice of Award;
10. Invitation to Bid
11. Bid Bond;
12. Bid Proposal;
13. Instructions to Bidders;
14. Performance Bond and Payment Bond;
15. Insurance Certificates;
16. Construction Progress Schedule; and
17. Any other documents listed as Contract Documents in the General Conditions.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to change orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay the base
sum of $727,741.40 DOLLARS (Contract Price), to the Contractor, subject to full and
satisfactory performance of the terms and conditions of the Contract. The Town has
appropriated sufficient money for this work.
COMPLETION OF WORK. The Contractor must complete the work:
___ within ______ calendar days from and including the date of Notice to Proceed,
according to the General Conditions.
X by August 31, 2023.
___ as described in the Special Conditions.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within
the time period described above, or within such other construction time if modified by a change
order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of
$300.00 for each calendar day that the Work shall remain uncompleted from monies due or that
may become due the Contractor. This sum is not a penalty but is the cost of field and office
engineering, inspecting, interest on financing and liquidated damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administrating the Contract or portions
of it that are not completed on time, and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Estes Park incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
well as other terms are impossible to measure.
Page 65
Agreement for Construction Contract--Page 3 of 6
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF ESTES PARK
PUBLIC WORKS DEPARTMENT
P.O. Box 1200
170 MacGregor Ave
Estes Park, CO 80517
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form
and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; the
Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of
materials while constructing the Work; because of any act or omission, neglect or misconduct of
the Contractor; because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright, unless the design, device, materials or process involved are specifically
required by Contract; from any claims or amount arising or recovered under the "Workers'
Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or
environmental liability; or any failure of the Contractor to comply with any other law, ordinance,
order or decree. The Town may retain so much of the money due the Contractor under the
Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is
due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages
have been settled. Money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence that the Contractor and the Town are adequately protected by public
liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility
for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the
defense of the Town of Estes Park, its officers and employees, as additional insureds, the
Contractor agrees to pay for the cost of that defense.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent contractor and not as an agent or employee of the Town. No employee or official
of the Town will supervise the Contractor nor will the Contractor exercise supervision over any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Workers' Compensation benefits from the Town and are obligated to pay federal and state
income tax on money earned pursuant to the Contract. This is not an exclusive contract.
Page 66
Agreement for Construction Contract--Page 4 of 6
THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person except the Town or the Contractor receiving services or benefits under the Contract
shall be only an incidental beneficiary.
INTEGRATION. The Contract is an integration of the entire understanding of the parties with
respect to the matters set forth in it, and supersedes prior negotiations, written or oral
representations and agreements.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
EXECUTED this _____ day of _____________, 2023.
(Signature pages to follow.)
Page 67
Agreement for Construction Contract--Page 5 of 6
TOWN OF ESTES PARK
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 68
Agreement for Construction Contract--Page 6 of 6
CONTRACTOR
By:
Date
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
(Name of party signing)
as of
(Title of party signing) (Name of corporation)
a corporation, on behalf of the corporation, this
(State of incorporation)
day of , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 69
!
!!
!
!
!
!!
!!
!
!
!
!
!
Exhibit A - Overview Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 0.5 10.25 Miles
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 70
F
A
L
L
R
I
V
E
R
C
T
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 100 20050Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 71
JAMES
S
T
W ELKHORN AVE
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 120 24060Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 72
W ELKHORN AVE
B
I
G
H
O
R
N
D
R
SPR
U
C
E
D
R
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 120 24060Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 73
RA
V
E
N
C
I
R
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 100 20050Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 74
N LA
K
E
A
V
E
LON
E
P
I
N
E
D
R
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 100 20050Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 75
WILDFIRE
R
D
REDTAIL HAWK DR
GRAY HAWK CT
DR
Y
G
U
L
C
H
R
D
CRABA
P
P
L
E
L
N
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 150 30075Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 76
LEXINGTON LN
ELK MEADOW CT
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 200 400100Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 77
CEDAR LN
COUNTRY CLUB DR
Exhibit B - Patching Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 150 30075Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 78
W ELKHORN AVE
FALL RIVER LN
Exhibit C - Overlay Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 150 30075Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 79
VALLEY RD
W ELKHORN AVE
OLD RANGER DR
Exhibit C - Overlay Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 150 30075Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 80
BIG HORN DR
VIRGINIA DR
VIRGINIA LN
Exhibit C - Overlay Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 130 26065Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 81
PINE KNOLL DR
LEXINGTON LN
AXMINSTER LN
Exhibit C - Overlay Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 200 400100Feet
Legend
Overlay
Patch
Major Roads
2023 Chip and Crack Seal Program
Page 82
W ELKHORN AVE
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 50 10025Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 83
W ELKHORN AVE
FALL RIVER LN
VALLEY RD
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 130 26065Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 84
W ELKHORN AVE
OLD RANGER DR
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 130 26065Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 85
BIG HORN DR
VIRGINIA DR
VIRGINIA LN
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 100 20050Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 86
STEAMER PKWY
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 50 10025Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 87
COMMUNITY DR
MATTHEW CIR
MATTHEW CIR
Exhibit D - Striping & Markings Prepared (3/27/2023)
Town of Estes ParkPublic Works Department
¹
0 50 10025Feet
Legend
Overlay
Patch
Major Roads
Yellow Dbl CL (4")
White Parking (4")
White Edge (6")
Preformed Thermoplastic (Inlaid)
2023 Chip and Crack Seal Program
Page 88
GENERAL NOTES
COMBINATION ACCEL-DECEL LANE
(REQUIRES YIELD SIGN)
NO ACCEL LANEDECEL RECOVERY ZONE
TAPERED ACCEL LANE
TAPERED DECEL LANE
PARALLEL ACCEL LANEPARALLEL DECEL LANE
LANE DROP AT EXIT RAMP
OPTIONAL DECEL LANE
(YIELD SIGN OPTIONAL)
2600' LANE DROP
GORE SIGN
END OF RAMP CURVE
CHANNELIZING LINES
WHITE, 8" WIDE
VARIES
GORE SIGN
GORE SIGN
VARIESFULL WIDTH LANETAPER
WHITE, 8" WIDE
CHANNELIZING LINES
SIGN
GORE
*VARIES
TAPERVARIES
WHITE, 8" WIDE
CHANNELIZING LINES
*VARIES
WHITE, 8" WIDE
CHANNELIZING LINES25'25'
VARIES
SIGN
300' OPTIONAL
45°
WHITE, 8" WIDE
CHANNELIZING LINES
WHITE, 8" WIDE
CHANNELIZING LINES
WHITE, 8" WIDE
CHANNELIZING LINES
CONVERGENCE
SHOULDER
BEYOND
INSTALLATION
GORE SIGN
OPPOSITE
GORE
PHYSICAL
WHITE, 8" WIDE AT 25'
CROSS-HATCHING LINES
GORE POINT
THEORETICAL
WHITE, 8" WIDE
CHANNELIZING LINES
WHITE, 8" WIDE
CHANNELIZING LINES
WHITE, 8" WIDE
CHANNELIZING LINES
LANE
FULL WIDTH
L
Sheet RevisionsComputer File Information
CommentsDate:Creation Date:
Last Modification Date:
STANDARD PLAN NO.
S-627-1
Last Modified By:
CAD Ver.:MicroStation V8 Scale:Not to Scale Units:English Project Sheet Number:
Created By:
Standard Sheet No. 1 of 9MARKINGS
PAVEMENT07/04/12
SCL
07/22/22
EButta
Phone:303-512-5102
FAX:303-757-9219
Colorado Department of Transportation
Traffic & Safety Engineering
2829 W. Howard Pl.
Denver, CO 80204
EB
MIN
½ LENGTH
MIN
½ LENGTH
Issued By: Traffic & Safety Engineering Branch July 31, 2019
R-3 07/22/22
MIN
6'
1. MINIMUM LONGITUDINAL PAVEMENT MARKING WIDTH
12' MIN 6' MIN
WHITE
EDGE LINE
WHITE
LANE LINES
YELLOW
EDGE LINES
YELLOW
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
WHITE
EDGE LINES
WHITE
LANE LINES
WHITE
EDGE LINES
WHITE
LANE LINES
WHITE
LANE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
EDGE LINES
WHITE
EDGE LINES
YELLOW
EDGE LINES
YELLOW
EDGE LINES
WHITE
LANE LINES
WHITE
LANE LINES
WHITE
LANE LINES
YELLOW
EDGE LINE WHITE
EDGE LINE
WHITE
EDGE LINES
YELLOW
EDGE LINES
WHITE
LINESLANE DROP
WHITE
DOTTED LANE LINES
WHITE
OF RIGHT EDGE LINE
DOTTED EXTENSION
WHITE
EDGE LINES
YELLOW
EDGE LINES
LINES WHITE
DOTTED LANE
WHITE
LANE DROP/AUX LINES
R-2 02/16/21
ADDED NOTE TEMPORARY PAVEMENT MARKING
LINE TYPE UPDATE FOR PARALLEL DECEL LANE
PARALLEL DECEL LANE AND NOTES UPDATE
R-1 04/17/20 LINE WIDTH UPDATE
FULL WIDTH LANE
WHITE (OPTIONAL)
EXTENSION OF AUX LINE
WHITE
AUX LINE
WHITE
LANE LINES
EXIT RAMP MARKINGS
TYPICAL ENTRANCE AND (CONTINUED ON SHEET NO. 2)
FINAL LENGTH DEPENDS ON SITE CONDITIONS.
(TYPICAL) UPSTREAM FROM THE THEORETICAL GORE.
* THE CHANNELIZING LINE MAY BE EXTENDED 300 FEET
TRANSITIONS, AND LEFT-RIGHT TURN SLOTS OR ISLANDS.
ACCELERATION-DECELERATION LANES, PAVEMENT WIDTH
SOLID WHITE, 8 INCHES WIDE. THESE LINES ARE USED WITH
9. CHANNELIZING LINES
THE WIDTH SHOULD MATCH THAT OF THE LINE IT IS EXTENDING.
12 FEET GAPS. LINE WIDTH SHALL MATCH THE ADJACENT LANE LINE.
BROKEN WHITE, 4 OR 6 INCHES WIDE-3 FEET SEGMENTS WITH
8. DOTTED LANE LINES
FROM A CONTINUOUS LANE.
THEORETICAL GOREPOINT TO DISTINGUISH THE LANE DROP
THESE LINES SHOULD BEGIN 2600 FEET IN ADVANCE OF THE
BROKEN WHITE, 8 INCHES WIDE-3 FEET SEGMENTS WITH 12 FEET GAPS.
7. LANE DROP / AUX LINES
OR INTERCHANGE AREA.
DELINEATE THE EXTENSION OF A LINE THROUGH AN INTERSECTION
SEGMENTS WITH 4 FEET GAPS. THESE LINES ARE USED TO
BROKEN WHITE, WIDTH MATCHING THE LINE BEING EXTENDED-2 FEET
6. DOTTED EXTENSION LINES
WITH WIDE SHOULDERS AND/OR CLOSELY SPACED DRIVEWAYS.
AVOID EDGE LINE APPEARING AS LANE LINE ALONG ROADWAYS
ARE NOT BROKEN FOR DRIVEWAYS. CARE MUST BE TAKEN TO
b. EDGE LINES ARE NOT CONTINUED THROUGH INTERSECTIONS AND
ROADWAYS (INCLUDING RAMPS).
(SEPARATED BY OTHER THAN A PAINTED MEDIAN) AND ONE-WAY
THE DIRECTION OF TRAVEL OF DIVIDED STREETS AND HIGHWAYS
WIDE.YELLOW EDGE LINES SHALL BE USED ONLY FOR LEFT EDGE, IN
a. SOLID WHITE OR YELLOW EDGE LINES SHALL BE 4 OR 6 INCHES
5. EDGE LINES
REQUIRED TO PROHIBIT LANE CHANGING.
CHANGING, WHILE TWO PARALLEL SOLID WHITE LINES ARE
LANES. A SOLID LINE MAY BE USED TO DISCOURAGE LANE
THESE LINES SEPARATE ADJACENT-SAME DIRECTION TRAFFIC
b. SOLID WHITE, 4 OR 6 INCHES WIDE.
LANES.
THESE LINES SEPARATE ADJACENT-SAME DIRECTION TRAFFIC
30 FEET GAPS.
a. BROKEN WHITE, 4 OR 6 INCHES WIDE-10 FEET SEGMENTS WITH
4. LANE LINES
LANES. DOUBLE LINES SHALL BE SPACED 4 INCHES APART.
THESE LINES SEPARATE ADJACENT-OPPOSITE DIRECTION TRAFFIC
b. SOLID YELLOW, 4 INCHES WIDE.
30 FEET GAPS.
a. BROKEN YELLOW, 4 INCHES WIDE-10 FEET SEGMENTS WITH
3. CENTER LINES
DIRECTED BY THE REGION TRAFFIC ENGINEER.
WIDE MARKING FOR TEMPORARY MARKING UNLESS OTHERWISE
4 INCHES WIDE MARKING CAN BE USED INSTEAD OF 6 INCHES
2. TEMPORARY PAVEMENT MARKING
Page 89
Page 90
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Robert Schumaker, Facilities and Parks Manager
Greg Muhonen, PE, Public Works Director
Date: May 9, 2023
RE: Resolution 48-23 Contract for 2023 Waste and Recycling Collection
Services with Atlas Unlimited LLC dba Superior Trash Company for
$159,659.20 – Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek approval from the Town Board for the 2023 Waste and Recycling
Collection Services Contract with Superior Trash Company.
Present Situation:
In February 2023 the Public Works Facilities staff posted a Request for Proposal (RFP)
for 2023 Waste and Recycling Collection Services on BidNet and through our Town
website. This was an attempt to put all the Town’s solid waste and recycling services
under one competitively-bid contract. Previously, many of the Town departments
managed their own separate, negotiated contracts for solid waste and recycling services.
The work is separated into two schedules that incorporate all of the Town’s dumpsters,
trash containers and recycling containers. These schedules were further divided into
Peak-Season (May-October) and Off-Peak Season (November-April) work. Additional
expectations required by the Town include:
1. The contractor must provide educational opportunities to promote recycling efforts
within the community.
2. The contractor must contribute at least five hours annually to the Community
Clean-Up.
3. The Town will power wash (as needed) all trash and recycling containers.
Page 91
4. Recycled materials will be single stream and not be disposed of as solid waste in
the landfill. Contaminated recyclables will be diverted to the waste stream. All
recycling will be collected by use of a separate vehicle that is not used for solid
waste collection.
Public Works Facilities staff have confirmed the contractor’s capabilities and experience
providing similar services and of similar cost and complexity in Estes Park and have
chosen Superior Trash Company for the award of this 2023 service contract. Superior
Trash Service will perform both Schedules 1 and 2 for the Town of Estes Park.
Hakuna was the lowest bid for Schedule 2 by a substantial margin. The company was
contacted to confirm whether this was a clerical error or intentional bid pricing. The
representative stated that Hakuna is a California-based service brokerage company that
intended to hire local companies to fulfill the service on their behalf. She further stated
that they bid low on Schedule 2 and higher on Schedule 1 to cover the loss on Schedule
2. Once she understood that the only two solid waste service providers in this area were
also competitors in this bidding process, she withdrew her fee proposal.
The following table summarizes the bids received.
Proposal:
Public Works staff propose approval of the service contract with Superior Trash Company
effective upon contract signature by the Mayor.
Advantages:
• All of the solid waste and recycling services will be under one contract and the
Town will be able to track how much is being spent on these separate services.
• Competitive, vs negotiated, pricing saves taxpayer dollars.
• The recycled products will be collected on a different day than the solid waste, and
different color bags will be used to differentiate between the waste and the and
recyclables. This added effort to is expected to improve the quantity of recyclable
products intercepted and diverted from the waste stream.
Disadvantages:
• Consolidation of these services into one contract will increase the administrative
effort required from the Facilities staff to confirm correct processing of monthly
invoices in the early months of this consolidated service delivery.
Action Recommended:
Public Works staff recommend approving the attached service contract with Superior
Trash Service for 2023 Waste and Recycling Services.
Schedule 1 Schedule 2
VE NDOR NAME BID BID TOTAL BID
SUPERIOR TRASH SERVICE $110,313.20 $42,346.00 $152,659.20
Hakuna $269,055.00 $14,500.00 $283,555.00
Waste Management $367,560.00 $68,247.00 $435,807.00
Average Bid $41,697.67 $290,673.73$269,055.00
Page 92
Finance/Resource Impact:
The 2023 budgeted amount for solid waste and recycling for all Town buildings is
$217,212. The contract with Superior Trash Company to provide all Town solid waste and
recycling disposal is $152,659.20. The Town will save $64,552.80 by contracting with
Superior. Below is the detailed list of impacted budget lines for 2023.
Visitor Center 101-2600-426.28-06 $2,932.00
Event Center 101-5500-455.28-06 $ 22,680.00
Museum 101-5700-457.28-06 $900.00
General Fund 101-1700-417.28-06 $139,000.00
Streets Department 101-3100-431.28-09 $5,000.00
Parks Department 101-5200-452.28-06 $17,000.00
Fleet Department 612-4300-610.28-06 $2,500.00
Total $190,012.00
Enterprise Funds
Light & Power 502-6501-560.28-06 $20,000,00
Trail Blazer 502-6900-669.28-06 $3,500.00
Water Department 503-6300-540.28-06 $3700.00
Total $27,200.00
Grand Total $217,212.00
Level of Public Interest
The level of public interest is modest. The proposed operational changes are responsive
to requests received from the League of Women Voters to improve efforts to more
effectively separate solid waste from recyclables in the disposal stream.
Sample Motion:
I move for approval/denial of Resolution 48-23.
Attachments:
1.Resolution 48-23
2.Contract – Superior Trash Service
Page 93
RESOLUTION 48-23
APPROVING A CONTRACT WITH ATLAS UNLIMITED LLC DBA SUPERIOR TRASH
COMPANY FOR THE PROVISION OF MUNICIPAL WASTE AND RECYCLE
MATERIALS COLLECTION SERVICES
WHEREAS, the Town Board wishes to enter a service contract, referenced in the
title of this resolution, for the collection of municipal waste and recycle materials.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the service contract
referenced in the title of this resolution in substantially the form now before the Board.
The maximum expenditure amount is $152,659.20 for this service contract.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 94
Attachment 2
Page 95
Page 96
Page 97
Page 98
Page 99
Page 100
Page 101
Page 102
Page 103
Page 104
TOWN OF ESTES
FEE SCHEDULE 1
CONTRACTOR NAME:
SEASON LOCATION UNIT QUANTITY
ESTIMATED
QUANTITY OF
OCCURENCES UNIT PRICE
PEAK Downtown Waste Containers 50 GAL 141 182 $2.60
PEAK Downtown Recycling Containers 50 GAL 43 78 $2.60
PEAK Trailblazer Recycle Container 50 GAL 1 13 $5.00
PEAK Estes Park Museum Recycling Containers- will call 50 GAL 1 13 5.00
PEAK Town Hall Recycling Containers 50 GAL 5 13 $5.00
PEAK Visitor Center Recycling Containers 64 GAL 2 26 $5.00
PEAK Water Department Recycling Dumpster 2 CY 1 13 45.00
SUBTOTAL
OFF PEAK Downtown Trash Containers 50 GAL 141 78 $2.60
OFF PEAK Downtown Recycling Containers 50 GAL 43 26 $2.60
OFF PEAK Trailblazer Recycle Container 50 GAL 1 13 $5.00
OFF PEAK Estes Park Museum Recycling Containers- will call 50 GAL 1 13 5.00
OFF PEAK Town Hall Recycling Containers 50 GAL 5 13 $5.00
OFF PEAK Visitor Center Recycling Containers 64 Gal 1 26 5.00
OFF PEAK Water Department Recyling Dumpster 2 CY 1 13 45.00 Amended Total Initial
SUBTOTAL $32,671.60 LR
PEAK Downtown Special Container Pickup 1 1 $450.00
SUBTOTAL
OFF PEAK Downtown Special Container Pickup 1 1 $450.00
SUBTOTAL
TOTAL BID $110,313.20 LR
Total Bid Written in
Name of Bidding
ATLAS UNLIMITED, LLC
DBA SUPERIOR TRASH COMPANY
Street Address City State
970 JUNIPER LANE ESTES COLORADO
LR LARRY ROMINE/MEMBER LARRY
PATRICK W. JOHNSON/MEMBER PATRICK
Subcontractor
EXHIBIT D SCHEDULE 1 (Waste & Recycling Containers)
2023 WASTE AND RECYCLING COLLECTION SERVICES
ITEM COST
$76,741.60
$28,594.80
$66,721.20
$8,720.40
$65.00
$65.00
$325.00
$260.00
$585.00
*Note this Bid Schedule shall take precedence over the Summary of Approximate Quantities listed in the
$450.00
$450.00
$450.00
$108828.20
ONE HUNDRED TEN THOUSAND THREE HUNDRED THIRTEEN AND 20/100
Addendum and Date
Zip Code
80517
1
3/6/2023
Date
Please List All Anticipated Subcontractors and Their Tasks
Anticipated Tasks
Authorized Signer and Title (Print)Authorized Signer
$32086.60
$585
$450.00
$2,906.80
$65.00
$65.00
$325.00
$130.00
Page 105
UPDATED EXHIBIT E SCHEDULE 2 (Dumpsters) TOWN OF ESTES PARK2023 WASTE AND RECYCLING COLLECTION SERVICES
Name of Bidding Company SUPERIOR TRASH COMPANY LLC
ESTIMATEDQUANTITY OF
CONTAINER
SEASON LOCATION SIZE UNIT PRICEITEM COST
SERVICE TRIPS
PEAK Events Roll-off Dumpster (will-call)15 CY 20 550.00$ 11,000.00$
PEAK Events Roll-off Dumpster (will-call)30 CY 7 750.00$ 5,250.00$
PEAK Light and Power Yard Dumpster (will-ca 2 CY 13 44.00$ 572.00$
PEAK Fleet Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Streets Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Parks Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Visitor Center Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Light and Power Shop Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Water Dept Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Trailblazer Dumpster 2 CY 24 44.00$ 1,056.00$
PEAK Estes Park Museum Dumpster 2 CY 26 44.00$ 1,144.00$
PEAK Town Hall Dumpster 2 CY 26 44.00$ 1,144.00$
SUBTOTAL 27,030.00$
OFF PEAK Events Roll-off Dumpster (will-call)15 CY 7 550.00$ 3,850.00$
OFF PEAK Events Roll-off Dumpster (will-call)30 CY 2 750.00$ 1,500.00$
OFF PEAK Light and Power Yard (will-call)2 CY 6 44.00$ 264.00$
OFF PEAK Fleet Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Streets Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Parks Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Visitor Center Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Light and Power Shop Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Water Dept Dumpster 2 CY 13 44.00$ 572.00$
OFF PEAK Trailblazer Dumpster 2 CY 26 44.00$ 1,144.00$
OFF PEAK Estes Park Museum Dumpster- will call 2 CY 1 44.00$ 44.00$
OFF PEAK Town Hall Dumpster 2 CY 1 44.00$ 44.00$ Amended total Initials
SUBTOTAL 10,234.00$ $10,278.00 LR
PEAK Excess Trash around dumpster 1 25.00$ 25.00$
SUBTOTAL 25.00$
OFF PEAK Excess Trash around dumpster 1 25.00$ 25.00$
SUBTOTAL 25.00$
PEAK Will-call Dumpster 2 cy 1 44.00$ 44.00$
PEAK Will-call Roll-Off Dumpster 15 cy 1 550.00$ 550.00$
PEAK Will-call Roll-Off Dumpster 30 cy 1 750.00$ 750.00$
PEAK Will-Call Dumpster (Organic)20CY 1 650.00$ 650.00$
PEAK Will-Call Dumpster (Scrap Metal)30 CY 1 500.00$ 500.00$
SUBTOTAL 1,344.00$ $2,494.00 LR
OFF PEAK Will-call Dumpster 2 cy 1 44.00$ 44.00$
OFF PEAK Will-call Roll-Off Dumpster 15 cy 1 550.00$ 550.00$
OFF PEAK Will-call Roll-Off Dumpster 30 cy 1 750.00$ 750.00$
OFF PEAK Will-Call Dumpster (Organic)20CY 1 650.00$ 650.00$
OFF PEAK Will-Call Dumpster (Scrap Metal)30 CY 1 500.00$ 500.00$
SUBTOTAL 1,344.00$ $2,494.00 LR
TOTAL BID 40,002.00$ $42,346.00 LR
*Note this Bid Schedule shall take precedence over the Summary of Approximate Quantities listed in the Construction Plans
Total Bid Written in Words
Name of Bidding Company Addendum and Date Received
SUPERIOR TRASH COMPANY
Street Address City State Zip Code
970 JUNIPER LANE ESTES PARK COLORADO 80517
Authorized Signer and Title (Print)Authorized Signer (Signature)Date Larry Romine
LARRY ROMINE/OWNER LARRY ROMINE 44991
FOURTY TWO THOUSAND THREE HUNDRED FOURTY SIX AND 00/100
Page 106
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 9, 2023
RE: Resolution 50-23 Change of Location of a Tavern Liquor License Held by
Montego Bay Enterprises Inc. dba The Wapiti Colorado Pub from 247 W.
Elkhorn Avenue to 1350 Fall River Road, Estes Park, Colorado.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a Change of Location for a Tavern liquor license currently located at 247 W.
Elkhorn Avenue to 1350 Fall River Road, Estes Park, Colorado. Application filed by Montego
Bay Enterprises Inc. dba The Wapiti Colorado Pub.
Present Situation:
An application for a Change in Location of a Tavern liquor license was received by the
Town Clerk’s office on April 6, 2023. All necessary paperwork and fees were submitted;
please see the attached Procedure for Hearing on Application – Change of Location of a
Tavern Liquor License for additional information. The applicant previously completed
Training for Intervention Procedures (TIPS) with the establishment of the original liquor
license.
A Hotel & Restaurant license currently exists at the location, Nicky’s Steakhouse and
Lounge. This license will be surrendered in conjunction with the Change of Location of
the Wapiti Colorado Pub Tavern liquor license.
Proposal:
To present the application for the Town Board’s review and consideration for the Change
of Location of a Tavern liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to continue to
operate a liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Page 107
Action Recommended:
Approval of the application for a Change in Location of the Tavern liquor license.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a Change in Location of the Hotel & Restaurant
liquor license is $750. The fee covers the administrative costs related to processing the
application.
Level of Public Interest
Low.
Sample Motion:
I move to approve/ deny Resolution 50-23 for a Change of Location of an existing Tavern
liquor license held by Montego Bay Enterprises Inc. dba The Wapiti Colorado Pub located
at 247 W. Elkhorn Avenue to 1350 Fall River Road, Estes Park, Colorado
Attachments:
1. Procedure for Hearing
2. Resolution 50-23
3. Application
4. Diagram
5. Police Report
Page 108
April 2023
PROCEDURE FOR HEARING ON APPLICATION
CHANGE OF LOCATION OF A TAVERN LIQUOR LICENSE
1.MAYOR.
The next order of business is convening the Liquor Licensing Authority for the Town of
Estes Park to hold a public hearing on the application by Montego Bay Enterprises
Inc. dba The Wapiti Colorado Pub for a Change of Location of an existing Tavern
Liquor License located at 247 W. Elkhorn Avenue to 1350 Fall River Road, Estes
Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 6, 2023.
At a meeting of the Board of Trustees on April 25, 2023, the public hearing was
set for 7:00 p.m. on Tuesday, May 9, 2023.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.55 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
Attachment 1
Page 109
The notice of hearing was published on April 28, 2023 .
The premises was posted on April 28, 2023 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution 50-23 be approved/denied for a Change of Location of an
existing Tavern liquor license held by Montego Bay Enterprises Inc. dba The Wapiti
Colorado Pub located at 247 W. Elkhorn Avenue to 1350 Fall River Road, Estes
Park, Colorado.
Page 110
RESOLUTION 50-23
APPROVING A CHANGE OF LOCATION OF A TAVERN LIQUOR LICENSE FROM
MONTEGO BAY ENTERPRISES INC. DBA THE WAPITI COLORADO PUB FROM 247
W.ELKHORN AVENUE TO 1350 FALL RIVER ROAD, ESTES PARK, CO 80517
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on May 9, 2023 for a
change of location of a Tavern Liquor License, filed by Montego Bay Enterprises Inc. dba
The Wapiti Colorado Pub from 247 W. Elkhorn Avenue to 1350 Fall River Road, Estes
Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider
the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and
all other reasonable restrictions that are or may be placed upon the neighborhood by the
local licensing authority; and
WHEREAS, the Board of Trustees finds application meets the requirements
outlined in the aforementioned section of the statutes and liquor regulations for the
granting of the change of location of a liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves the application for a change of location of a Tavern Liquor
License, filed by Montego Bay Enterprises Inc. dba The Wapiti Colorado Pub from 247 W.
Elkhorn Avenue to 1350 Fall River Road, Estes Park, Colorado.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 111
Attachment 3
Page 112
Page 113
Page 114
Page 115
Page 116
Attachment 4
Page 117
Attachment 5
Page 118
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 9, 2023
RE: Resolution 51-23 New Hotel & Restaurant Liquor License Application for
Montego Bay Enterprises Inc. dba The Downtown Eatery, 247 W. Elkhorn
Avenue, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Hotel & Restaurant liquor license located at 247 W. Elkhorn Avenue,
Estes Park, Colorado. Application filed by Montego Bay Enterprises Inc. dba The
Downtown Eatery.
Present Situation:
An application for a new concurrent Hotel & Restaurant liquor license was received by
the Town Clerk’s office on April 6, 2023. All necessary paperwork and fees were
submitted; please see the attached Procedure for Hearing on Application – New Liquor
License for additional information. The applicant is aware of the Town Board’s Training
for Intervention Procedures (TIPS) requirement and has completed the training
previously. It is worth noting this location is currently operated by the applicant as The
Wapiti Colorado Pub which is being relocated to 1350 Fall River Road, formerly Nicky’s
Steakhouse.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license and allows the applicant to operate
both licenses they own as soon as possible.
Proposal:
Town Board review and consideration of the application for a new Hotel & Restaurant
liquor license.
Page 119
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to operate a liquor license establishment.
Action Recommended:
Approval of the application for a new Hotel & Restaurant liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is
$1,319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869.
Level of Public Interest:
Low
Sample Motion:
I move that Resolution 51-23 be approved/denied for a new Hotel & Restaurant liquor
license for Montego Bay Enterprises Inc. dba The Downtown Eatery, 247 W. Elkhorn
Avenue, Estes Park, Colorado.
Attachments:
1. Procedure for Hearing
2. Resolution 51-23
3. Application, Diagram, Individual History
4. Police Report
Page 120
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business is convening the Liquor Licensing Authority for the Town of
Estes Park. The next order of business will be the public hearing on the application of
Montego Bay Enterprises Inc. dba The Downtown Eatery for a new Hotel &
Restaurant Liquor License located at 247 W. Elkhorn Avenue, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 6, 2023.
At a meeting of the Board of Trustees on April 25, 2023, the public hearing was
set for 7:00 p.m. on Tuesday, May 9, 2023.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.5 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CD – Commercial Downtown which allows this type of
business as a permitted use.
The notice of hearing was published on April 28, 2023 .
Attachment 1
Page 121
2
The premises was posted on April 28, 2023 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution 51-23 be approved/denied for a new Hotel & Restaurant liquor
license for Montego Bay Enterprises Inc. dba The Downtown Eatery, 247 W.
Elkhorn Avenue, Estes Park, Colorado.
Page 122
RESOLUTION 51-23
A RESOLUTION APPROVING A NEW HOTEL & RESTAURANT
LIQUOR LICENSE APPLICATION FOR
MONTEGO BAY ENTERPRISES INC. DBA THE DOWNTOWN EATERY, 247 W.
ELKHORN AVENUE, ESTES PARK, COLORADO
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on May 9, 2023 for a
New Hotel & Restaurant Liquor License, filed by Montego Bay Enterprises Inc., dba The
Downtown Eatery; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority to consider
the reasonable requirements of the neighborhood, the desires of the adult inhabitants,
and all other reasonable restrictions that are or may be placed upon the neighborhood
by the local licensing authority; and
WHEREAS, the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The new Hotel & Restaurant Liquor License, filed Montego Bay Enterprises Inc.,
dba The Downtown Eatery, Estes Park, Colorado is hereby approved.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 123
Attachment 3
Page 124
Page 125
Page 126
Page 127
Page 128
Page 129
Page 130
Page 131
Page 132
Page 133
Page 134
Attachment 4
Page 135
Page 136
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 9, 2023
RE: Resolution 52-23 New Hotel & Restaurant Liquor License Application for
Ole International Kitchen LLC dba Ole International Kitchen, 145 E. Elkhorn
Avenue, Units 300-304, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Hotel & Restaurant liquor license located at 145 E. Elkhorn Avenue,
Units 300-304, Estes Park, Colorado. Application filed by Ole International Kitchen LLC
dba Ole International Kitchen.
Present Situation:
An application for a new concurrent Hotel & Restaurant liquor license was received by
the Town Clerk’s office on April 7, 2023. All necessary paperwork and fees were
submitted; please see the attached Procedure for Hearing on Application – New Liquor
License for additional information. The applicant is aware of the Town Board’s Training
for Intervention Procedures (TIPS) requirement.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Hotel & Restaurant
liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to operate a liquor license establishment.
Page 137
Action Recommended:
Approval of the application for a new Hotel & Restaurant liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is
$1,319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869.
Level of Public Interest:
Low
Sample Motion:
I move that Resolution 52-23 be approved/denied.
Attachments:
1. Procedure for Hearing
2. Resolution 52-23
3. Application, Diagram, Individual History
4. Police Report
Page 138
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business is convening the Liquor Licensing Authority for the Town of
Estes Park. The next order of business will be the public hearing on the application of
Ole International Kitchen LLC dba Ole International Kitchen for a new Hotel &
Restaurant Liquor License located at 145 E. Elkhorn Avenue, Units 300-304, Estes
Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 7, 2023.
At a meeting of the Board of Trustees on April 25, 2023, the public hearing was
set for 7:00 p.m. on Tuesday, May 9, 2023.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.5 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Corporation.
The property is zoned CD – Commercial Downtown which allows this type of
business as a permitted use.
Attachment 1
Page 139
2
The notice of hearing was published on April 28, 2023 .
The premises was posted on April 28, 2023 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution 52-23 be approved/denied for a new Hotel & Restaurant liquor
license for Ole International Kitchen LLC dba Ole International Kitchen, 145 E.
Elkhorn Avenue, Units 300-304, Estes Park, Colorado.
Page 140
RESOLUTION 52-23
A RESOLUTION APPROVING A NEW HOTEL & RESTAURANT
LIQUOR LICENSE APPLICATION FOR
OLE INTERNATIONAL KITCHEN LLC DBA OLE INTERNATIONAL KITCHEN, 145 E.
ELKHORN AVENUE, UNIT 300-304, ESTES PARK, COLORADO
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on May 9, 2023 for a
New Hotel & Restaurant Liquor License, filed by Ole International Kitchen LLC dba Ole
International Kitchen; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority to consider the
reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all
other reasonable restrictions that are or may be placed upon the neighborhood by the local
licensing authority; and
WHEREAS, the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The new Hotel & Restaurant Liquor License, filed by Ole International Kitchen LLC
dba Ole International Kitchen, Estes Park, Colorado is hereby approved.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 141
Attachment 3
Page 142
Page 143
Page 144
Page 145
Page 146
Page 147
Page 148
Page 149
Page 150
Attachment 4
Page 151
PUBLIC COMMENT RECEIVED ON 5/9/2023
Board of Trustees Public Comment
Name: Dianna Wright
Stance on Item: For
Agenda Item Title: Resolution 52-23.
Public Comment:
Hello, I have owned the stuffed animal store called STUFFED, located at 145 E. Elkhorn Ave., for over four
years, and am writing IN FAVOR of the liquor license request for Ole' International Kitchen, located on the
third floor of our building. I cannot begin to tell you how hard these folks have been working and how many
improvements they have already made to this restaurant space. Ole' will not only be a welcome addition to
our building, but they will be a wonderful addition to the downtown business district. I support them and
their restaurant, and am in favor of granting them a liquor license. Sincerely, Dianna Wright
File Upload
Please note, all information provided in this form is considered public record and will be included as permanent record for
the item which it references.
Files are limited to PDF or JPG.
25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.
Page 152
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 9, 2023
RE: Appoint a Trustee to the Town Board to Fill the Vacancy till the Next
Election on April 2, 2024.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint a new member to the Board of Trustees through the next election. The
individual appointed would be required to run for the open seat during the regular
Municipal Election on April 2, 2024 if they wish to continue serving the community as a
trustee.
Present Situation:
The Town Board held public interviews for six individuals that submitted letters of
interest and agreed to be interviewed at the study session on May 9, 2023.
Proposal:
At the regular meeting the Board will consider the letters of interest submitted by each
candidate and their statements made during the interviews held early that evening. The
Board will then vote to fill the vacant Trustee position. The new trustee will be sworn in
at the May 23, 2023 meeting by Municipal Judge Thrower.
Advantages:
To fill the vacant trustee position and meet the requirements of the state statute.
Disadvantages:
None.
Action Recommended:
To approve an appointment to the Board of Trustees.
Finance/Resource Impact:
None.
Page 153
Level of Public Interest
Low.
Sample Motion:
I move to approve the appointment of ______________ to the Board of Trustee to fill
the vacancy through the next regular Municipal Election on April 2, 2024.
Attachments:
None.
Page 154
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 2.
Ordinance 05-23 Amending Title 10 of the Estes Park Municipal Code
Including the Resident Exemption for Paid Parking.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
Page 155
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 156
PUBLIC WORKS Memo
To: Honorable Mayor Wendy Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, CAPP, CCTM, Mobility Services Manager
Greg Muhonen, PE, Public Works Director
Date: May 9, 2023
RE: Ordinance 05-23 Amending Title 10 of the Estes Park Municipal Code
Including the Resident Exemption for Paid Parking
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER:
QUASI-JUDICIAL YES NO
Objective:
Ordinance 05-23 amends Chapter 10.06 of the Estes Park Municipal Code (EPMC),
Section 10.06.050, pertaining to paid parking. The purpose of this amendment is to
extend the free, daily time limit for residents from 60 minutes (1 hour) to 120 minutes (2
hours).
Present Situation:
When the paid parking program began in 2021, a Local Permit was established to allow
residents 30 minutes of free parking per day in any of the paid parking areas throughout
the paid parking season. During the inaugural paid parking season, PW staff was
advised that 30 minutes per day was insufficient. The permit was subsequently
adjusted to allow for 60 minutes per day.
With the anticipated impact of several large construction efforts in and around
downtown in 2023 and 2024, PW staff are working to identify short-term parking and
transit program adjustments to improve the experience for both visitors and locals who
are accessing downtown.
During the announcement of 2023 parking permits, PW staff requested feedback from
community members about the current length of the Local Permit.
• 159 responses were received and are included here as Attachment 4 (2023
Local Permit Feedback).
• 153 respondents were in favor of the change, five (5) submitted questions and/or
comments, and one (1) replied that one hour is sufficient.
Page 157
• There are currently 3,346 active Local Permits, of which 3-4% were observed to
be used daily in 2022. In other words, less than 133 vehicles with Local Permits
were observed parking downtown throughout a typical day during the 2022 paid
parking season.
In addition to seeking community input, PW staff had robust discussions about the
proposed change with the Transportation Advisory Board (TAB) at their February,
March, and April meetings. The TAB unanimously supports this change in their letter of
support (Attachment 2). The Estes Valley Library also provided a letter in support of the
proposed change (Attachment 3).
Proposal:
PW staff recommend amending Title 10 of the Estes Park Municipal Code (EPMC),
Section 10.06.050, to extend the Resident 60-Minute Exemption to 2 hours (120
minutes). The attached ordinance modifies Title 10 of the EPMC pertaining to Vehicles
& Traffic.
PW staff are bringing this proposal forward for the following reasons:
1. Two hours (120 minutes) is within the existing average turnover observed for
public parking areas, which is 1.9 – 2.2 hours.
2. The next two years will provide a challenging environment for accessing
downtown. Based on Local Permit utilization data collected in 2021 and 2022,
PW staff do not believe that this change will negatively impact the paid parking
program.
3. Extending the Local Permit will allow locals more time and flexibility to support
downtown businesses and access community resources/venues.
PW staff will monitor the utilization of the Local Permit throughout the 2023 paid parking
season and, if this change is approved, will report on any observed impact during the
annual year-end paid parking program review.
Advantages:
• The proposed code amendment continues the PW staff’s commitment to
continuously and actively requesting community input about the seasonal paid
parking program and responding in a timely, incremental, and prudent way.
Disadvantages:
• The increased time limit could encourage more permit holders to park in the
Town’s busiest parking areas (the paid lots), potentially contributing to increased
occupancy; however, PW staff feel that this proposed code amendment supports
the Town’s goal of managing public parking for all users—locals and visitors.
Action Recommended:
Adoption of Ordinance 05-23, Amending Chapter 10.06 of the Estes Park Municipal
Code on Paid Parking.
Page 158
Finance/Resource Impact:
No finance/resource impact is expected from this item.
Level of Public Interest
Staff expects a moderate to high level of public interest in any item related to parking.
Sample Motion:
I move that Ordinance 05-23 be approved/denied.
Attachments:
1. Ordinance 05-23
2. Letter of Support, Transportation Advisory Board
3. Letter of Support, Estes Valley Library
4. 2023 Local Permit Feedback
Page 159
ORDINANCE NO. 05-23
AN ORDINANCE AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL CODE
ON VEHICLES AND TRAFFIC, INCLUDING THE RESIDENT EXEMPTION FOR
PAID PARKING
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend a portion of the Municipal
Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Ellipses in this ordinance indicate material not reproduced as the
Board intends to leave that material in effect as it now reads.
Section 2: Sections 10.04.020, 10.06.010, and 10.06.050 of the Estes Park
Municipal Code are hereby amended, by adding underlined material and deleting
stricken material, to read as follows:
10.04.020 – Violation.
. . .
(c) The Town’s parking and transit manager Public Works Director, or designee,
is authorized to reduce the amount charged for parking violation fines to
incentivize early payment of the fine amounts set forth by the municipal judge
and described in Section 1.20.020.
. . .
10.06.010 - Paid parking authorization and rates.
(a) Authorization. The Town Board of Trustees may by resolution establish
locations for which parking must be paid, the amounts and schedules required to
be paid, applicable hours, and seasonal enforcement dates. All required fees
shall be paid by any method approved by the Public Works Director, or
designated manager for parking matters parking and transit manager
("Manager", for the purposes of this Chapter), and these may include, without
limitation, paper bills, coins, credit cards, cellphone or internet payments, and
validation. The Town Board may identify a number of stalls within a lot for paid
parking, and delegate to the Manager the responsibility of designating the
specific stalls.
. . .
10.06.050– Resident 120sixty-minute exemption.
Parking by residents for brief errands downtown is essential to the Town's
livability and economy, such parking has only a de minimis impact on the Town,
and charging fees for such parking would be counterproductive to the purposes
of this Chapter. Accordingly, notwithstanding the other provisions of this Chapter,
residents within the boundaries of the Estes Park R-3 School District are eligible
to park in paid parking areas, free of charge, for up to 120 sixty (60) minutes of
cumulative use daily. To activate this exemption, these eligible residents must
register their vehicle license plate numbers with the Manager annually. The
exemption will then remain in effect for the duration of the seasonal enforcement
period established by resolution. This exemption is non-transferrable. However,
the exemption shall be automatically suspended for any residents with an unpaid
Attachment 1
Page 160
parking citation aged sixty (60) days or more until the Manager confirms that all
fines have been paid.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2023.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2023 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2023, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 161
April 27, 2023
Dear Mayor Koenig and Trustees,
The Transportation Advisory Board (TAB) has actively participated in the development and
implementation of the Downtown Parking Management Plan. In 2023 the local permit was
discussed at three separate TAB meetings, which determined unanimous support for a 2-hour
increase. We appreciate the opportunity to provide thoughtful and constructive feedback that
can assist in making the seasonal paid parking program successful and able to continue
thriving.
TAB members are residents of Estes Park and share in the concern about accessing the
downtown during the busy summer and fall seasons. Frequenting businesses and restaurants
involve a longer stay than one hour. We support extending the time to two hours because it
aligns with the average turnover time for those paying for parking, while improving the
downtown experience for residents.
The TAB shares a vision of downtown that is focused on people and creating positive
experiences during their visit downtown; a vision that values pedestrians, bicycles, and
shuttles, and that is not defined by vehicles, traffic, and congestion. Implementing paid parking
modifies driver behavior, makes it easier to find parking, reduces congestion and pollution,
and, finally, allows a revenue source for parking inventory such as the new Big Horn parking
structure. Providing a two-hour local parking permit aligns with these continued goals while
strengthening residents' access to downtown.
The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the
opportunity to provide our observations regarding the local permit hours in the 2023 Seasonal
Paid Parking Program.
Sincerely,
Belle Morris
Attachment 2
Page 162
March27,2023
DearMayorKoenigandTownofEstesParkBoardofTrustees,
Iunderstandthatyouwillsoonbeconsideringaproposedincreasefrom60minutesto2-hoursoffree
parkingperday,todriversholdingalocalparkingpermit.OnbehalfoftheEstesValleyLibrary,please
acceptthis letterofsupportfortheincreasetotwofreehoursdaily,tobeginwiththesummer2023
parkingseason.
In2022,theLibraryconductedaCommunityNeedsAssessment(CNA)togaugetheopinions,
assumptions,needs,keyissues,andassetsoftheEstesValley.Thisinformationwascriticaltogatherso
thatthelibrarycanincreasevaluetothoseweserve.
ThroughouttheCNA,weheardloudandclearthatourcommunitymembersperceiveissueswith
accesstothelibrary,especiallyduringthesummermonths.Infact,duringfocusgroups,our
professionalconsultantstruggledtosteerconversationtotopicsotherthanparkingproblems.Patrons
usingtheirlocalpermitnotedthatonehouroffreeparkingwasofteninsufficientfortheneedsoftheir
publiclibraryvisit.
Weunderstandthatamulti-prongedapproachisnecessarytoimprovedowntownaccessforresidents.
TheLibraryremainsfocusedoncreatingsolutionswithinourcontrol,includingofferingsummer
programsatoff-peaktimesandatoffsitelocations. Also,wearedelightedtopartnerwithTownstaff,
ManagerSolesbeeandSupervisorKlein,todevelopa“ParkLikeaLocal''campaign.Thisinitiativewill
incentivizelibrarypatronstooptintoafreelocalparkingpermitwhilesigningupfororrenewingtheir
librarycard.
Whilemaintainingstrongbenefitsoftheparkingprogramforourmunicipalandbusinessneighbors,
theLibraryhopestomakedowntownparkingofgreaterbenefittocommunitymemberswhowantto
usetheirpubliclibrary.Thankyouforconsideringthisproposedadjustment.
Mostsincerely,
ClaudinePerrault
Director&VillageLibrarian
POBox1687,335EastElkhornAvenue,EstesPark,CO80517
970-586-8116 | estesvalleylibrary.org
Attachment 3
Page 163
2023 Locals Permit Survey
Comment
I strongly encourage the town to implement the two hours of free parking for Estes Park residents. I have been reluctant to do much
shopping downtown with a one hour time limit.
I would like to submit my voice in support of increasing downtown parking limits for locals to two hours during the summer
months. Thank you for your consideration.
I would simply like to add that I think increasing the resident parking time to 2 hours will serve the community better as summer
approaches. It seems prudent given a busier downtown and thriving tourism. Residents should have the priority when it comes to
accessing their own community.
YES, YES, please increase our local downtown parking time to 2 hours. SOMEONE OUT THERE IS LISTENING. THANK YOU.
Please approve free parking to 2 hours for locals like us.
Yes please! Locals pay enough taxes that we should be allowed to park free for 2 hours especially at the library lot. It is incredibly difficult
to get a parking space anywhere. Do something about tourists parking at Safeway for hours-we all see them park there and then walk to
downtown. We built them a free parking garage that is in downtown so it would be nice if they would use it. Have a Blessed Day.
Yessss! Please! The one hour just isn’t enough for residents. Makes going to town stressful!
It would be very helpful to have 2 hours to park during the busy season. Going to a local restaurant often requires more than an hour. We
have avoided eating locally, or taking guests into town during the summer, due to the short window. Please extend the free local pass to
2 hours.
Thank you for asking if locals would appreciate an additional hour of parking time during the busy season. ABSOLUTELY!!!! Why would
any local say no to that? We were grateful for the bump to 1 hour in 2022 but it allowed only fast-track errands. With an additional hour
in 2023, employers can once again treat employees to birthday lunches downtown; locals can actually “shop” locally, lifting and
supporting our own friends and neighbors; we can actually enjoy the Town. I hope the response you receive is a resounding
YES…..please and THANK YOU!!!!
Extend local permit from 1 to 2 hours: In favor. When there are lots of people in town, getting to my destination, check out and get back
to my vehicle has been over an hour a few times. Extending to 2 hours would be fantastic and allow me to complete multiple-shop
purchases in one trip.
Please please please increase the time for locals from 60 minutes to 2 hours!!!
I have lived in Estes Park for 32 years. Please increase the local’s free daily parking from the current 60 minutes to 2 hours as proposed.
This additional hour is needed if we want to shop or eat downtown during the summer months, or attend events at Bond Park.
Personally, my wife and I would benefit from increasing the amount of free daily parking provided to Local Permit holders from 60
minutes to 2 hours. We like to do lunch and the Riverwalk This change would let us choose convenient parking for this activity. I'm for
this change, as long as it doesn't seriously impact the goals of paid parking.
Please increase to 2 hrs parking for locals.
Two hours please
Attachment 4
Page 164
2023 Locals Permit Survey
As a full time resident of Estes Park, I am dismayed that the limit on free parking is only 1 hour. My wife and I have stopped dining
downtown during the “good weather” months and we have greatly limited our downtown shopping because of the 1 hour limit. I no
longer get my haircut in Estes Park since the wait and the haircut itself normally take more than an hour. We already pay plenty of tax to
the State of Colorado, Larimer County and the Town of Estes Park … so it’s an insult to us that we are required to pay another “tax” to
park downtown beyond the 1 hour limit. We strongly support increasing the allowable free parking window for residents to 2 HOURS.
Thanks for listening.
This is a comment from one valley resident with experience with the parking decal system for the past two years. In 2022 you increased
the time for free parking to one hour. That was very helpful and allowed time for most errands to be completed. Increasing the time to
two hours would allow for actual downtown dining and shopping and perhaps meeting attendance. Otherwise, the one-hour time frame
was probably sufficient.
I just wanted to let you know that I do support the change for local parking downtown from 60 minutes to 2 hours.
I just wanted to let you know that I would vote for extending the 60 minute parking to two hours for locals
Wow! That would be great to expand locals’ summer parking from one hour to two hours. I don’t access our businesses much in the
summer because I always have to rethink the parking. It’d be nice not to have to worry about it. I hope it happens.
I think increasing the local permit to 2 hours would be a really, really good idea. I also think it might be worth making sure that businesses
have enough parking for their employees and even create reserved spots for them if they continue to have to pay for them. People who
work the downtown area, thus creating a need for everyone else to pay for parking, should be guaranteed a parking spot. Many city
parking garages have levels designated for employees.
I'm very much in favor of increasing the local's free parking permit/time to two hours. While I fully understand that tourism income is
important to our town, so is the ability of local citizens to continue patronizing local business during the busy summer months. Increasing
the free parking time would help significantly from that perspective, and likely keep me from going down to Loveland to shop in order to
avoid the summer challenges of Estes Park. Thanks!
extending local parking to 2 hours…Yes – great idea!
I was delighted to read in the paper recently that you are considering increasing the "locals" parking time to two hours from one. This
would be a HUGE help! We always try to combine our errands to cut down on gas etc, and two hours would make that goal much more
achievable. Thank you!
We love the idea of increasing the time to park to two hours so we can actually go downtown and get some business taken care of
without worry of parking. Thanks for considering this!
I support increasing the local’s parking time limit to 2:00 hours
This would be a tremendous benefit to the local community. It is rare for locals to be able to participate in downtown activities or
complete many errands within the current 60 minutes allotted. 2 hrs is sufficient time in the summer months to give locals more access
to the downtown for themselves and their guests who visit periodically during the summer. Thanks for considering this and I hope you
are able to make it happen.
Increasing the local permit time to two hours would be extremely helpful. That way, we can take guests for lunch and shopping. Thank
you.
Page 165
2023 Locals Permit Survey
How about extending the free local parking permits to Allenspark, Drake, Pinewood Springs, Glen Haven? And yes please, more free local
parking!
es, please extend this free parking time to at least two hours
It would be much appreciated if you would extend the local permits to 2 hours. 2 hours allows enough time to eat at a restaurant, have
coffee with a friend, or do some shopping. Most of the time I don’t mind using the parking garage unless my destination is across town.
Thank you for considering this.
As Estes Park residents, we believe a 2 hour time limit in place of the 60 minute current limit would greatly benefit many locals who
frequent the library, restaurants, and businesses downtown and need more than an hour to enjoy each of those places.
Yes, please consider a two hour limit for local parking. One hour is far too limited a time frame to complete a task.
As a long term and year round EP resident I fully support a local time increase to 2 hours.
I would love to see the Local Permit parking be increased from 60 minutes to 2 hours of free parking. Thank you for that consideration!
Hi. I think the increasing the time limit to two hours is a good idea. While I often park in the garage it’s not always convenient. Two hours
provides enough time to get a meal in town or visit multiple shops without being rushed.
I would support the extension of the locals permit to 2 hours. Attendance at one hour events (e.g. Library) or eating downtown would be
less rushed with that extension. Thank you for your consideration.
Yes, please increase time to 2 hours. That’s likely to bring residents downtown to shop more after (again), and make it more likely we’ll
bring our houseguests, too. Besides, the Town does so little for residents.
We are in favor of this suggestion. One hour is too short for people with multiple errands, limited mobility, or who just want to have a
meal.
I, [personal information was removed by PW staff], am completely in favor of increasing the allowed free parking from 60 minutes to 2
hours. We have curtailed our downtown dining since the parking meter system has been in effect (Poppy's, Mama Roses & Himalayan).
Given waits to be seated and dining time once seated we could not rely on being done in time by the end of the meal, especially if dining
with friends. Additionally, shopping downtown for clothes or goods was also a hassle with the time constraint. As locals we never go
downtown on the weekends due to crowds, anyway, so I doubt this increase in time for locals would aversely affect available parking for
weekenders and travelers.
Page 166
2023 Locals Permit Survey
I’d be very grateful for an increase in locals permit time from an hour to two hours for three main reasons: 1. In high season, the library
designated parking spaces are often full (and not necessarily with library patrons). I participated in several programs at the library this
past year where some of us had set phone alarms, and had to abruptly walk out of the presentation in order to go move our cars. The
municipal rules currently seem to be regarded as a mere suggestion by a goodly number of our town’s visitors. What disturbs me even
more is the ever growing volume of Estes Park visitors who also regard one way signs on streets and in parking lots as utterly irrelevant.
This is now happening at the post office, where persons come in from the Pho restaurant side, see the cones or barriers blocking the path
they had planned to get back to Elkhorn, and roar into the parking lot at a high rate of speed, against the one way traffic. I guess this is
an issue for another department, but “roaring” into ANY Estes parking lot at ANY time of year is a bad, bad idea. 2. With the various
downtown road construction projects underway, we have lost several parking spaces, and it will likely take more time to find one for the
duration of the road construction. It would be nice to occasionally patronize a sit down restaurant without having to “eat and run”
downtown. Thanks for all you do for our town. The persistent high volume of not often aware, alert, or respectful visitors has really
dampened my enjoyment of coming to town in the busy season…much more than any aspect of the parking situation. Visitors often do
not behave as guests visiting someone else's town, and frequently behave in bullying, threatening, or menacing ways with their vehicles.
I have observed this to be especially prevalent with visitors bearing Texas license plates. I get so very tired of getting the finger for simply
trying to go about my business in a respectful and polite way. I am neither a slow poke, nor am I the slightest bit inconsiderate of
pedestrians or cyclists. Part of why I moved to Estes Park, was my several decades experience of how incredibly nice all my parents’
friends and neighbors were, whenever I came to visit them from Boulder. We still have a lot of nice people in our town, but many visitors
seem to feel that because they are spending money to stay in our area, they are fully entitled to do whatever they want to whomever
they want, whenever they want. I, for one, am not looking forward to their summertime occupation.
I strongly support increasing the period of free parking for locals from 1 to 2 hours. 1 hour is not enough time to go to a restaurant.
YES PLEASE!!! 60 minutes just isn't enough time. 2 hours would be FABULOUS! Thanks so much!
I would love having the existing 60 free minutes for locals changed to 2 hours. If this occurred, I could visit businesses such as the Design
Center and the downtown massage offices without fear of getting ticketed or towed. Plus, shopping would be so much more appealing
since I would be able to go to more the. 1-2 shops. Basically, changing the time would enable locals to take advantage of the shops
downtown. Right now, many of us don’t go downtown because we can’t do business in one hour other than the post office (as it takes a
good 45 minutes there some days).
I whole heartedly support the proposed increased free daily parking from 60 minutes to 2 hours. It's difficult to accomplish anything
downtown in less than 2 hours, especially in the summer. I actually wish it could be allotted in a weekly time frame, something like 10-15
hours/week in no specific time increments. For example, if I volunteer at a non-profit 2 afternoons/week I wouldn't have to worry about
moving my vehicle every couple of hours. I understand this is probably difficult to monitor and too much to ask. Thank you for the free
time permits for locals that you do offer! It is appreciated!
Yes, please change the local parking from 60 minutes to 2 hours. It is so difficult to do anything downtown in 60 minutes (even if you
have a 60 minute meeting, it’s impossible!). Thank you for the consideration.
YES PLEASE!!! Two hours for locals would be greatly appreciated. Thank you for considering.
Page 167
2023 Locals Permit Survey
I support increasing the Locals parking permit from 1 hour to 2 hours. It is not always possible to conduct one’s life within one-hour
limits. If enforcement continues to be robust in all areas, turnover should still be sufficient to allow access for everyone at least at some
point in the day. Thank you for considering this improvement.
Thank you for considering the increase from 60 minutes to 2 hours for the Local Parking Pass. I think this would be a big boost in morale
for our local community. I know that I often hear that most locals try to avoid downtown during our peak visitor season, and they opt for
going down to the valley if possible. So in my opinion this increase could only be helpful.
Hello! Thanks for asking for input regarding extending free parking for "locals" to two hours. We are locals who not only use the post
office, the parks, and the library--but who also shop and dine locally. Two hours would give us time to enjoy a restaurant and actually
shop without missing out on all our little town has to offer. Again, thank you for the endless negotiating you do to make it possible for
locals to come downtown in the summertime!
You finally figured out it takes more than an hour to park, walk to a restaurant, order food, eat, and return to your car! Thanks.
Yes, please do increase the amount of free daily parking for locals to 2 hours.
Love the idea of 2 hours free with a permit. 60 minutes worked most of the time but the additional minutes will be an added bonus to
complete longer errands. Thanks for thinking of the local residents.
I support this initiative to raise the time to 2 hr for locals
We would appreciate the increase from one to two hours for locals with free permit.
We would really appreciate extra parking time. It is really hard to get anything accomplished within 60 min. Whether it is grabbing a bite
to eat or shopping downtown. Especially during the busy season. Thank you for considering this.
We would like to have two hours of parking to be able to go to the library, especially if there is a one hour program, and browse the
books and then go have a cup of coffee. This is hard to do in one hour but two hours would be plenty of time.
We think that it is an excellent idea to increase the free parking for local permits to 2 hours. With the increase in visitation, traffic
congestion and especially with the construction of the infamous loop, it is very hard for local permit holders to find parking and secondly
due to the volume of visitation, it sometimes is very difficult to accomplish what is needed to be done in only one hour. Thank you for
thinking of the local citizens. It is greatly appreciated.
Please update the locals for 2 hours! depending on the time of day and number of daily visitors the lots get full and we may drive around
for 15 minutes trying to get a space... Then any business that takes longer than a few minutes and we're over our limit. I really think that
locals that live and work in town deserve to have all day free parking, for what we put up with in our little town!
Please confirm that my car is registered for a local parking permit, as I did receive a ticket last year even though I have a permit.
[personal information was removed by PW staff]
Locals need more than 60 minutes to shop. Please increase local permit holders from 60 minutes to 2 hours. Perhaps there should be
some parking spaces reserved for local permit holders. Visitors should make better use of the parking structure and convenient shuttles.
Page 168
2023 Locals Permit Survey
It would be very welcome by us as local parking permit holders to increase our allowed time from 60 minutes to 2 hours. While we
wouldn't use this all that often, there are times when doing everything in one hour just isn't enough time. What usually ends up
happening is that we finish what we have to do but then forgo checking out something at another store or having a drink because we will
go over our allotted 60 minutes.
I think the time for locals should be 2 hours.
Yes
Increasing the amount of free daily parking provided to Local Permit holders from 60 minutes to 2 hours is a great idea.
To Whom it May Concern: we are very interested in seeing the free downtown parking for locals in Estes Park increased from 1 to 2
hours. We were happy when the increase to 1 hour took place but often that is not enough time to take care of all of our business or
shop. Any time less than 2 hours decreases the chance that we will use downtown businesses during the summer months.
Locals should be allowed at least a minimum of two hours parking for free.
This would be great… however I’m wondering how realistic this Re capacity of parking spots given that all the “free spaces” along the 2-3
blocks by the river are no longer there with the loop, therefore putting more pressure on paid lots.
The proposed extension to time allowed for local residents to park from one hour to two hours is desperately needed. As a local who
frequents downtown shops and restaurants, I can say that since the parking time restriction was set at one hour, I no longer meet friends
downtown to dine together. I am also hesitant to shop locally due to the time constraints for parking. Extending the allowed time for
parking will help local business owners and encourage locals to shop local! Thank you for allowing local input into the decision making
process for parking in our community.
I'd like to register my STRONG support for consideration of increasing the parking time limit for locals to 2 hours. This should especially
apply to the parking lot at the library/town hall.
Yeah, we get 2 hour downtown access to the Town parking we pay for via taxes, fees, etc!!!!! Hope these spots are not already full with
out-of-state campers that I encountered in the Library parking lots and Visitors Center parking before 10 AM and throughout the day.
Please address & cite vehicles camping in local areas at the Visitors Center and Library parking lots!!!! Do not have Enforcement award
them with gas coupons or respond with they'll move on later!!!! This problem continues to grow due to social media letting folks know
it's a get away for homeless, free camping, drug addicts, etc. in EP. Witnessed and had to deal with it for many years on a daily basis.
Bustang has increased these challenges of additional services.
Yes please 2 hours for locals. Thank you.
two hours would allow locals to dine downtown. one hour Is rarely enough
for it
Yes, please, increase local parking hours so that we may support our merchants
Page 169
2023 Locals Permit Survey
As a local year around resident of Estes Park since 2006, we would strongly recommend increasing the time allowed to park for free to a
minimum of two hours and would hope you would concerned even three hours. We get many friends and family visiting and even staying
with us every summer. We enjoy taking them downtown for lunch and shopping. The current one hour limit doesn’t work even for lunch
by the time you park get to one of our local restaurants and order. You don’t have time to eat before you have to leave. Shopping is
impossible to cover your favorite stores in one hour. The downtown stores are missing out on a lot of revenue from our locals because of
the time limit on parking. We all end up going elsewhere.
I agree with the increase. It would help me go to several businesses at a more leisurely pace. Now, I power walk everywhere so I don’t
exceed the hour. I’m not frequently downtown during the summer, but it would be nice to not feel rushed. Maybe enjoy a bite to eat.
We are in favor of increasing the Local Permit parking from 60 minutes to 2 hours for 2023 paid parking season. Our reasons: 1. During
the busy tourist season, it can be very difficult to complete downtown errands in just 60 minutes. It would be nice to once again do a
little shopping in downtown Estes Park. 2. It is impossible to park, walk to a downtown restaurant, enjoy lunch with friends, and get
back to your car in 60 minutes total. For locals who want to frequent their favorite eating places downtown, a 2 hour time limit would be
much better. Thank you for considering this improvement for local residents and local taxpayers.
I would like to see locals allowed to use parking spaces for 2 hours instead of 1 hour.
For locals. Yes please.
I received an email from the town of Estes saying that, “the Town is considering increasing the amount of free daily parking provided to
Local Permit holders from 60 minutes to 2 hours.“ This increase would be much appreciated by me, a local who lives in Carriage Hills.
Thank you so much for considering this increase.
Definitely YES
I received an email requesting input on the proposal to change the daily parking for locals from 60 minutes to 2 hours. I am very much in
favor of this change. It’s pretty hard to get done everything that needs to be done downtown in one hour. Two hours would definitely
enable me to accomplish what I need to do during my trips downtown during the summer months. Thank you for considering this change
to the parking limits for locals!
Please increase locals parking to 2 hours
We are in favor of the local parking permit to be extended to at least 2 hours for us locals. My mom who is 96, goes to the library a lot
and it is difficult for her to browse in the time allowed. Also, I hope that we as locals (42 yrs) don’t have to reapply every year. Thank you
for your consideration.
I like this change. We usually are able to get our errands done in 60 minutes, but 2 hours gives us a bit more flexibility. If it doesn't
materially impact the expected change in parking revenue/parking lot turnover, I would encourage this change. It would go a ways
towards reducing resident bitching (although in Estes Park, residents will just find something else to bitch about! Ha!) Thank you for your
consideration!
Page 170
2023 Locals Permit Survey
You should definitely increase the free local parking permits to 2 hours! Parking downtown for a meal, plus walking to and from the
restaurant and spending any time in a shop takes more than 1 hour. We deserve to use the downtown CONVENIENTLY in the summer
months, not just when local businesses are desperate for our money in the winter! Parking legally while we are in town should NOT be a
burden for taxpayers who live here.
I am writing to provide feedback on the proposed increase to local residents’ daily parking time. I am strongly in favor of increasing this
time limit to two hours because this would greatly increase the amount of time someone who lives and works in this town could spend
downtown. For example, I attend as many of the local arts and crafts festivals taking place in Bond Park as I can. Limiting my ability to
attend down to an hours worth of time means I am not able to patronize as many local vendors as I would like, and makes the experience
less enjoyable overall. Two hours is a much more reasonable amount of time to enjoy the many opportunities taking place downtown
over the summer.
This would help us be able to attend story time at the library and patronize downtown businesses on Saturday mornings. With my 4 kids
there is no way I can move parking spots between a library spot and a paid spot to do this. Thank you for considering.
Hello! I am a local (going on 2 years now) and would greatly appreciate 2 free hours of parking downtown. When we do go downtown
during the fee time, we go to shop and enjoy our town, just as the tourists do. If one stops to eat, one hour then is too short, especially
during the lunch hour or early dinner. Two hours would be greatly appreciated, and thanks for considering this change in parking fees.
Thanks for all you are doing to help make Estes Park a good place for us to live and play!
am writing to express my opinion on parking fees charged to Estes Park residents. I fully support extending the free parking to 2 hours
for EP residents with the local permit! Unfortunately, we have found that 60 minutes is not even enough time for my husband to get a
haircut in town and as a result, we have taken all of our business down to Loveland.
2 hours free parking would be great. Sometimes I take me elderly mother downtown for a few errands and 1 hour is not quite enough
time as she moved rather slowly. Thanks for the auto renewal process. That is awesome! Lastly, twice last summer my son got warnings
for parking in the parking garage "overnight". However, he was working or socializing in the evening, coming home, and then at work
early the next morning at Kind Coffee. We never received a fine, but I just want to point out the timing to you.
Please increase the local permit parking to two hours. Thank you
hank you for asking for input. Yes it would be fabulous to have 2 hours to parkland shoo downtown.
I would like to give feedback on increasing the time on the locals parking permit. Please increase the time to two hours. One hour in the
peak of the season is almost useless. Two hours will provide adequate time for local residents to complete necessary tasks in their
community. Thank you for the opportunity to provide feedback.
I support and would benefit greatly to have local parking permits upgraded to 2 hours! This would be greatly appreciated as an Estes Park
year round resident and community volunteer.
Please consider increasing the local parking permit hours!! Thank you
Yes please increase free parking for residents to 2 hours! I avoid downtown in general during the warmer months due to the difficulty of
parking. 30 minutes isn’t long enough to do much. I would be far more inclined to eat out and shop locally with extended free parking.
Page 171
2023 Locals Permit Survey
Please increase free parking for local permit holders to 2 HOURS.
Please consider changing free resident parking from 1 hour to 2 hours. This will make it much easier when going out to dinner or
shopping at a few stores. Thank you!
Increase local parking time to two hours
I heard you are thinking of raising the local time from 1 to 2 hours. I love that idea. I really try to park in the parking lot by the visitor
center in the summer. But sometimes I need to park closer and that would be helpful. I want to make sure it doesn't affect shops and
visitors finding parking (especially with construction) but if it doesn't, I like the idea of 2 hours.
I am a long time resident of Estes Park and would like to request the longer free parking time for locals.
Would very much like a time extension.
Extending the length of time residents get to park for free is a good idea. I am in favor of going from one hour to two hours.
Yes, please do increase the free daily car parking to 2 hours. It would make it so much easier to accomplish errands, eat meals etc.
I'm totally down for expanding the time for locals to two hours please and thank you.
I fully support increasing the free parking for permanent EP residents to 2 hours. My husband are full time local residents, and rarely go
out to eat at restaurants, for breakfast or lunch, because of the limited 1 hour parking, we simply can’t order, eat and enjoy the meal in
an hour. This is especially hard when our family or friends come to visit. I endorse this change for permanent, full time, local residents.
I would greatly appreciate having the local permit time go from 1 hour to 2. In the summer, 1 hour isn’t often enough time to patron
places, particularly restaurants. I have limited my time downtown, but this would allow me more opportunity to go down there.
My thoughts are that we really do not go into downtown Estes very often and when we do 1 hour is enough time. If we are there for
longer time periods we usually park in the parking structure on Hwy 36 and walk. No point in taking up parking that paying tourists would
use.
Hello! As an Estes Park local, I’d like to add my request and support for the increase of free parking time for locals to two (2) hours. That
would make it easier to have a more leisurely meal or time to wander at the various events held downtown during the very busy summer.
Thank you for considering my input!
Hello town hall of Estes park! I was born and raised in the town of Estes park, I love my community and we all share the same love to our
community and ALL of us want to make it better and better each and every way we can! I live in downtown area and it would be more
them amazing to go from 60 min to, 2 full hours of free parking. Not just my self but our fellow local down town community would very
much appreciate the extended time especially since there will be a Tremendous amount of construction work in the area.. I hope we can
all come to an agreement. Ya’ll have a wonderful day and thank you for all the hard work the team does everyday for our community!
I definitely think the parking limit time should be increased to 2 hours. An hour is sufficient for running a couple errands, but not enough
for any social activities downtown in the summer. Most of the restaurants do not take reservations and by the time you get a table and
order your food, your hour has expired. My husband and I are lucky enough that we can walk, but several of our friends that we go out
with socially are not so fortunate. An extra hour would allow us to have time for dinner and conversation and still make it back to our
cars before our parking time has expired.
Page 172
2023 Locals Permit Survey
As a local person, I really appreciate the one hour parking permit. It really helps running errands during the summer. The two-hour
possibility would be nice for having dinner or other slightly longer activities like a meeting at the library with our HOA. Thanks for
considering it, I think it’s a good idea.
I think one hour is adequate. If people are dining out it will most likely be that they will be there shortly before 5 when permitting ends. If
they're there for breakfast it will be before permits are required at 10 am. If they are "playing tourist" they can park at the parking
garage.
I personally would appreciate changing for 2 hours. I try to keep my errands to less drips. If I have errands at both ends of town, by the
time I get a couple stops done my time is up & would have to walk back to my car, drive to the other end of town then park again. Each
parking area can be several minutes walking to get to most of the stores and the lights can take several minutes as well. The 60 minutes
is barely enough time to get any errands done. With this I stay away from purchases anything in town to avoid the hassles of tracking my
60 minutes.
I am a full time resident of Estes Park and would appreciate time to have coffee, lunch or shop in my own downtown and a 2 hour
parking time would be helpful. Please consider giving the locals this extended time.
If you want us to shop in town 2 hours would be helpful. Otherwise you are sending us out of town and down rhe mountain.
It would be beneficial for locals to have a 2 hour pass instead of just one hour. If you want to go to dinner it is difficult to get to a
restaurant order, eat & get back to you vehicle in an hour. Thank you for your consideration.
YES!~ Sounds great! May not need that much time but will certainly encourage more local shopping and hanging out downtown!
A big YES to 2 hr parking for locals!
I would love it if permit holders/locals could get 2 hours free parking. It would make eating downtown at the local restaurants less
stressful.
Many times my busness takes more than an one hour!
I have a handicap placard, so it doesn't matter so much to me, but my husband Jim Kelley would certainly appreciate it.
Yes, please increase the local summer parking permit from 60 minutes to 2 hours. That would incentivize locals to contribute to the local
economy! Thanks!
It would be wonderful to have two hour parking for locals in all lots especially the library lot since we go there for meetings and
presentations. If not all lots for two hours do it with two lots perhaps the library and PO lots.
In response to the Town of Estes Park’s email sent yesterday, March 7, that requested input from local permit holders regarding
increasing the amount of free daily parking from 60 minutes to 2 hours, I give a resounding YES! Your initially increasing the time from 30
to 60 minutes was an improvement, but often, 60 minutes still isn’t long enough to complete business and other tasks that require that
we be downtown.
I am in agreement with the additional parking time. I talk to so many that will not drive into town during the summer as there is little
free parking and the permit didn’t give enough time to have a meal out. The longer time would be much better. I don’t want to push but
if you’d like to extend to 3 hours I think you would make a lot of people really happy.
Yes! I wholeheartedly support increasing the local parking permit to 2 hours. It'll make going out to lunch and running errands much
easier.
90 minutes is really necessary to get any business done, and 2 hours would be appreciated for local parking.
Page 173
2023 Locals Permit Survey
Please extend parking for locals to two hours during the tourist season. It is difficult as a senior to park, get your errands done or have a
meal downtown without going over the current one hour limit. Thank you for your consideration.
I support the proposal to increase locals’ downtown parking time to 2 hours per day this summer. We support these businesses
throughout the year and an extra hour during the busy summer months would be much appreciated! We support you. Please support us!
My husband and I live full time in Estes and are downtown a lot for business purposes. We wholeheartedly support the increase in time
to 2 hours for local parking.
The current one hour is terrible for us. We can't even stay in town long enough to complete shopping.
This proposal would be a great help to locals who have lunches, meetings , etc. that last more than 60 min but less than 2 hrs.
To whom it may concern, as a resident in Estes Park I would very much appreciate being able to park for two hours versus one hour. You
can’t even eat a meal in one hour when it gets busy and you have to wait in line. Also, I think the businesses are missing out on the local
revenue because locals don’t want to come downtown, this would encourage them to do so!
Yes, parking should be increased to 2 hours. Maybe next year we can go for 4!
I am in favor of increasing the locals parking permit time to 2 hours. I might use it with more time. It is hardly worth the effort
otherwise. By the time you park and walk to your destination (allow for time to walk back) you probably have about 40 minutes tops.
Certainly not enough time to meet a friend for a meal; not enough time to look for something; only good if you know exactly what you
want and where. When it was only 30 minutes, I never bothered to get one. It wasn't worth backing out of the garage for.
I am in favor of increasing the local parking permits so that locals can park free for 2 hours instead of one. This will encourage me to go
downtown and shop much more than the one hour parking time limit does.
I am in favor of increasing the amount of free daily parking from 60 minutes to 2 hours.
I am in favor of increasing the amount of free daily parking from 60 minutes to 2 hours.
We think it’s a great idea to increase the amount of free daily parking to local permit owners from 1 hour to 2 hours. That would
definitely be helpful to us locals.
I am very much in favor of increasing the allowed Local Permit parking time from 60 minutes to 2 hours. One hour is insufficient for
many of my downtown activity needs.
I am all for the extra time because by time you park and run your errands or go to the library your time is up before you can get back to
your car. It would be great to have extra time.
An added hour would be great! Residents could actually visit, shop, leisurely lunch or dinner with local friends or out of town visitors. So
we say "Yes, yes, yes!"
I fully support the increase for free parking for residents to 2 hours!
Page 174
2023 Locals Permit Survey
I am a local Esta Valley Resident. I detest this Parking Permit system. Since it was implemented, I have stopped shopping in Town, I do not
go to the library to take any classes, nor do any activities in Town at all during the Permit Season. A 30 minute parking timeframe was a
joke. 60 minutes is an equal joke. Increasing the time frame for parking to 2 hours will help. Please DO implement the 2 hour time frame
and increase the number of local permit spots available.
I think increasing the locals' parking permit in Estes Park to 2 hours is a good idea. It can be difficult in the summer to complete tasks with
only one hour of parking allotted, due to the volume of people who come to town.
I am in favor of increasing the free parking time for locals. As an elderly person, it is so difficult to manage the parking situation in Estes
and not having to add time would be a huge benefit.
I am writing today to encourage the town to increase the amount of free parking to us, the local Permit Holders, to 2 hours! I found last
summer that one hour was not quite long enough to accommodate the activities that I often did downtown, such as walking my dog or
meeting friends for coffee/lunch. So, having an additional hour would be very beneficial - even though I probably would not need
the entire additional hour. Thanks for all your work and help with downtown parking!
I would definitely go downtown more if there was a 2 hour limit.
We are definitely in favor of this idea.
I wanted to write and give my support to increasing the free parking to 2 hours for locals with a permit. Normally I avoid downtown
during the summer because of the hassle to find parking but it would be nice to be able to pull up and park to shop or grab a meal at one
of the restaurants downtown and not have our daily routine so extremely different than what we experience in the winter as locals. The
Stanley allows free parking to locals with the 517 card and it would be very nice to have free parking extended in downtown to 2 hours in
the summer also for the locals that live here year round.
I am in favor of increasing the free parking time for locals from 60 minutes to two hours.
A two hour window would be extremely helpful. Sometimes one hour is just not enough to have dinner in a restaurant during the
summer.
I am in favor of extending the parking time for locals to park free from 1 hour to 2 hours. I have my locals permit.
This increase of free parking time for locals would help bring the locals back to the downtown. Everyone I know says the avoid
downtown due to the parking restrictions. You can’t even do lunch in 60 minutes folks!
I am in favor of increasing the parking time limit for Estes Park residents, with stickers on their cars, to two hours. Thank you for your
consideration in this matter.
I am a part time resident of Estes Park, and I heartily support the proposal to increase the free parking for locals from 1 to 2 hours.
Page 175
Page 176