HomeMy WebLinkAboutPACKET Town Board 2023-06-13The 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, June 13, 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).
LETTER OF RESPECT – JUNE “KATO” KURISU.
PROCLAMATION – RETIRING RMNP SUPERINTENDENT DARLA SIDLES.
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 Meeting Minutes dated May 23, 2023, Town Board Study Session
Minutes dated May 23, 2023, and Joint Study Session Minutes dated May 24, 2023.
3. Family Advisory Board Minutes dated May 4, 2023.
4. Transportation Advisory Board Minutes dated April 19, 2023 (acknowledgment only).
5. 2023 Art in Public Places (AIPP) Artwork Donation Form for “Flowers” Art in Mrs.
Walsh’s Garden.
6. Contract Change Order to Collaborate with Public Works and add Roadway Design in
the Reclamation Neighborhood with RG and Associates, LLC for $91,593 – Budgeted.
7. Resolution 54-23 Authorization to Bill Agreement with Larimer County for Street
Improvements on Town-Owned Roads, $150,000 – Budgeted.
8. Resolution 55-23 Contract with Dietzler Construction Corporation for Pedestrian
Bridge Repair, $147,425.00 – Budgeted.
Prepared 06-01-2023
*Revised 06-09-2023
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
9. Resolution 56-23 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 491003171.
10. Resolution 57-23 Grant Agreement with the Colorado Association of Transit Agencies
for 2023 Ozone Season Transit Grant Program Funds.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. VISIT ESTES PARK ANNUAL REPORT. CEO Franker.
To present highlights of Visit Estes Park's 2022 Annual Report.
ACTION ITEMS:
1. REVISED POLICY 101 – BOARD OF TRUSTEES DIVISION OF
RESPONSIBILITIES. Town Clerk Williamson.
To update appointments to boards, commissions and liaison positions as outlined in
the policy.
REPORTS AND DISCUSSION ITEMS:
1. RENEWAL OF TOWN ADMINISTRATOR CONTRACT. Human Resources Director
Williamson.
ADJOURN.
(Town Board Meeting for June 27, 2023 Has Been Cancelled.)
Town of Estes Park, Larimer County, Colorado May 23, 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 and Virtually in said Town of Estes Park on the 23rd day of
May, 2023.
Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, and Younglund
Attending: Mayor Koenig, Trustees Cenac, MacAlpine, Martchink, and
Younglund
Also Attending: Deputy Town Administrator Damweber, Town Attorney
Kramer, Frank Lancaster and Recording Secretary Disney
Absent: Trustee Hazelton and Town Administrator Machalek
Mayor Koenig called the meeting to order at 5:00 p.m.
ELECTRIC VEHICLE (EV) INFRASTRUCTURE AND READINESS PLAN.
Manager Solesbee, Coordinator Clark, and Platte River Power Authority (PRPA)Service
Manager Zach Borton provided an update on the Electric Vehicle (EV) Readiness Plan
adopted by the Board in 2021. They provided background on the creation of the plan
and highlighted the Town Board Strategic Plan, Environmental Sustainability Task
Force recommendations, implementation updates on the plan, considerations for the
transition to electrification including public EV charging and fleet advising, forecasting
EV charging infrastructure needs in PRPA member communities, and the need for a
Town-wide guiding policy for EV readiness planning. Staff requested Board direction on
incentivizing EV infrastructure, and the priority of these efforts in 2023. The Board
discussed messaging of on-bill credits and incentives, impact of charging stations on
power infrastructures, and EV inventories of vehicle rental companies. The Board
directed staff to continue work on EV infrastructure incentives and prioritizing the work
for 2023.
SEASONAL RV HOUSING ON COMMERCIAL SITES.
Director Garner and Planner Washam provided an overview on a pilot program to
temporarily allow seasonal permits for RV parking on private commercial property. The
purpose of the program would be to provide temporary housing for the seasonal
workforce. They highlighted the shortage of seasonal workforce housing, the 2023
Housing Needs Assessment, other communities which have implemented similar
programs, collaboration with other Town departments, logistical issues which would
need to be addressed including but not limited to: utility access, limiting usage to certain
zoning districts, and specific parking requirements. The Board discussed coinciding the
seasonal usage of RVs with Seasonal Paid Parking, the level of interest in this option,
Upper Thompson Sanitation District input and support, unintended consequences of
allowing vehicle habitation, restrictions on the eligible vehicles, and allowances of
seasonal parking and dwelling of an RV on residential sites. The Board directed staff to
continue work on the program and bring forward more concrete options for future
discussions.
INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE ESTES PARK HOUSING
AUTHORITY (EPHA). Town Attorney Kramer presented a proposed outline for the IGA
with EPHA for use of 6E funds. He highlighted discussion from the April 25, 2023 Joint
Study Session and the Annual Funding Plan determined by the Town and County. The
proposed elements of the IGA include: Town transfer of money to EPHA routinely; in
amounts described for housing in the Annual Funding Plan with the County; EPHA to
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Town Board Study Session – May 23, 2023 – Page 2
use funds under the broad guidance of the Funding Plan; EPHA fund reserves not used
within the year received; use of funds for EPHA owned properties; presenting proposed
program policies to the Town Board prior to the distribution of funds to other recipients;
a Town Board liaison to the EPHA Board; EPHA required to undergo regular audits; the
ability of the Town to request unspent and unobligated funds if it’s determined funds
have been mismanaged (subject to TABOR); and the Town reserves the right to final
determinations in instances of ambiguities or interpretation issues of the Funding Plan.
The Board discussed the County’s input on the IGA and partnership with the EPHA.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
None.
There being no further business, Mayor Koenig adjourned the meeting at 6:20 p.m.
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, May 23, 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 23rd day of May, 2023.
Present: Wendy Koenig, Mayor
Trustees Marie Cenac
Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustee Hazelton
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
SWEARING-IN CEREMONY FOR NEWLY-APPOINTED TRUSTEE FRANK
LANCASTER. Judge Thrower conducted a swearing-in ceremony for newly appointed
Trustee Frank Lancaster.
AGENDA APPROVAL.
It was moved and seconded (Martchink/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Kristine Poppitz/County citizen requested permission to provide a presentation during the
Town Board’s public hearing on the proposed rezoning of 685 Peak View. Staff stated
any public comment material should be provided in advance of the meeting which would
be included in the packet material. She requested clarification on the Planning
Commission procedures for opening and closing public comment which was referred to
the Chair of the Planning Commission.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Trustee Lancaster would not
attend the June 13, 2023 and July 11, 2023 meetings; the Planning Commission held a
meeting to discuss the rezoning of 685 Peak View which was continued to the next
meeting; the Town, Visit Estes Park and the Estes Chamber of Commerce hosted
participants of the City Tour, a Park City, Utah based program for municipal leaders and
residents; Board members participated in a meet and greet with Finance Director
applicants; Rooftop Rodeo tickets are on sale and volunteers are needed; School
Resource Officer Paul Mieszala was commended as a recipient of the FOX31 Support
the Shield Officer of the Month award; the Board would hold a Joint Study Session with
the Board of County Commissioners to discuss Stormwater Funding Options, and Mayor
Koenig and Trustee Martchink would hold a Trustee Talk session.
TOWN ADMINISTRATOR REPORT.
None.
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Board of Trustees – May 23, 2023 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated May 9, 2023 and Town Board Study Session Minutes
dated May 9, 2023.
3. Family Advisory Board Minutes dated April 6, 2023 (acknowledgment only).
4. Estes Park Board of Adjustment Minutes dated April 4, 2023 (acknowledgment
only).
5. Estes Park Planning Commission and Study Session Minutes dated April 18, 2023
(acknowledgment only).
6. Resolution 49-23 Contract for 2023 Operation of Estes Transit with RAPT Dev
USA, Inc., $585,463.71 - Budgeted.
7. Resolution 53-23 Intergovernmental Agreement with CDOT for 2023 Bustang to
Estes Service.
It was moved and seconded (Cenac/MacAlpine) to approve the Consent Agenda with
the removal of Item #2, and it passed unanimously.
It was moved and seconded (Younglund/Cenac) to approve Consent Agenda Item
#2, and it passed with Trustee Lancaster abstaining.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK SCHOOL DISTRICT EARTH FORCE RISE PRESENTATION.
Trustee MacAlpine welcomed the Estes Park School District Environmental
Resilience Team members Eva Carosello and Zia Velani, joined by teacher and
sponsor Ravi Davis. Students provided a presentation on Colorado’s Resilience
Innovation, Sustainability and Environment (RISE) Program and their annual RISE
Challenge competition. The RISE Challenge encourages students to create an
action plan to improve community resiliency against natural hazards. The Estes
Park Middle School has participated in the challenge for the last three years,
placing in the top three the last two years. The team was awarded 1st Place in 2023
for their Wildland Urban Interface (WUI) Codes and Wetland Restoration challenge
submission. Students reviewed a map which depicted 2022-2023 wildfire risk as
a significant issue statewide and highlighted the benefits of building structures with
fire retardant materials. Students met with Governor Polis and State Senator Cutter
and advocated for Senate Bill 23-166 which would establish a Wildfire Resiliency
Code Board. Students were commended for their efforts and congratulated as Rise
Challenge award recipients.
ACTION ITEMS:
1. RESOLUTION 28-23 SUNSETTING THE FAMILY ADVISORY BOARD (FAB).
At the March 14, 2023 regular meeting the Board considered Resolution 28-23
sunsetting the FAB and postponed the resolution permitting FAB to conclude
current business, consider the language in the resolution to sunset and decide
interest in transitioning to a community-based board. Resolution 28-23 included
edits based on feedback from the FAB. Board discussion ensued on the
importance of families, housing and childcare needs and potential benefits of the
6E funds. It was moved and seconded (Martchink/Younglund) to approve
Resolution 28-23, and it passed unanimously.
2. 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 GAS, MECHANICAL, PLUMBING, PROPERTY
MAINTENANCE, ENERGY CONSERVATION, AND SWIMMING POOL AND
SPA CODES, WITH AMENDMENTS. Mayor Koenig opened the public hearing
and Director Garner presented Ordinance 04-23 to amend the Estes Park
Municipal Code and adopt the 2021 editions of the International Building Codes
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Board of Trustees – May 23, 2023 – Page 3
including proposed secondary codes. At the May 9, 2023, study session the Board
directed staff to remove Appendices RB (residential building), CB (commercial
building), and additional edits to the International Energy Conservation Code as
they relate to RB, and CB; and maintain inclusion of the Colorado Model Electric
Ready (CMER) & Solar Ready Code (SRC), and the International Residential
Code (IRC) sprinkler requirement with the option to remove. At the Boards
direction, staff researched sprinkler cost resulting in approximately $4 to $7 per
square foot and “dryer-size” outlet in new construction was approximately $250 to
$300. Staff stated the draft IRC would require all new single-family homes, two-
family homes, duplexes, and townhomes to have sprinklers installed throughout
the residence. Staff requested Board direction on exempting single-family homes.
It was noted Larimer County did not require sprinklers for single-family homes in
their code adoption. Discussion ensued regarding sprinkler requirements for new
builds which has been summarized: Statistics for successful deployment of
sprinkler systems; homes with sprinklers would add value for future homeowners;
and clarification was requested on whether an accessory dwelling unit (ADU) or
detached ADU would require sprinklers under the code amendments. Comments
were heard regarding the safety of vacation home users who may not be familiar
with the exits of a home in the event of an emergency and the benefits of using
voice announcing smoke alarms within vacation homes. Director Garner stated
more specific subsequent code amendments related to vacation homes could be
considered by the Board at a future meeting. David Wolf/Town Citizen and Estes
Valley Fire Protection District Chief stated the Fire District would be able to adopt
the sprinkler requirements district wide if the Town adopted the code with the
sprinkler requirements. He spoke regarding sprinkler requirements being included
in the code for 14 years and encouraged the Board to adopt code amendments
without modification to the sprinkler requirement. Jennifer Waters/Public Works
Engineer stated modern building codes matter for successful grant applications
noting FEMA’s Building Resilient Infrastructure and Community program which
funds flood mitigation projects and ranks communities based on their building code
criteria. Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Martchink) to approve Ordinance 04-23, and it passed with Trustee
Cenac and Younglund voting “No”. Further discussion ensued regarding the cost
to build homes in Estes Park, the impacts of requiring sprinklers on new builds,
and the importance of Fire District wide consistency. Dissenting votes preferred
new build homeowners have a choice whether to install sprinklers.
3. ORDINANCE 06-23 TEMPORARY 6-MONTH MORATORIUM ON NEW BED
AND BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public
hearing. Town Clerk Williamson stated staff have received a number of inquiries
regarding the licensing of residentially zoned properties as a bed & breakfast in
lieu of a vacation home. Concerns were relayed regarding bed & breakfast
licensing as a strategy to circumvent the vacation home license cap for
residentially zoned properties. Inquiries from property owners revolved around
ways to improve the property to rent out the entire home with a separate area for
the owner to reside such as adding a breezeway to connect buildings, owner
occupying an accessory dwelling unit, building owner suites separate from the
main house by a garage and others. Staff presented this concern at the April 11,
2023, study session where the Board directed staff to bring forward amendments
to the regulations. Issues identified by staff included: no true onsite management
interacting with staff; no meals provided; the Linkage fee does not apply; fire pits
and other solid fuel devices allowed with onsite management; and confusion with
neighbors on the use of the property. In anticipation of an influx in applications
ahead of the summer season, staff requested the Board consider a temporary 6-
month moratorium on new bed & breakfast inn business licenses allowing staff to
adequately research and prepare revisions to the regulations. Board discussion
has been summarized: whether 6-months would be adequate time for staff to
develop code amendments; the current number of existing bed & breakfast
licenses; clarification on the vacation home and bed & breakfast commercial
property tax rate; and staff were encouraged to clarify updates in the upcoming
development code revisions. Mayor Koenig closed the public hearing and it was
moved and seconded (Younglund/Cenac) to approve Ordinance 06-23, and it
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passed unanimously. Staff would notify in progress applicants and non-compliant
properties of the temporary 6-month moratorium.
4. TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS.
At the May 9, 2023 regular meeting the Board approved the appointment of Frank
Lancaster to fulfill the remainder of late Mayor Pro Tem Scott Webermeier’s
position through the April 2024 election. Staff requested Board direction for the
Mayor Pro Tem appointment and updates to Policy 101 to fill vacancies on boards,
committees, commissions and liaison positions.
It was moved and seconded (Martchink/Younglund) to appoint Marie Cenac as
Mayor Pro Tem, and it passed unanimously.
Discussion ensued regarding the Board assignments and specifically the Visit
Estes Park (VEP) position and whether it should continue to be a Trustee or citizen
position. Clarification was requested on whether Larimer County would need to be
involved on the appointment of the VEP liaison position. Staff stated Town Board
Governance Policy 106 would be followed for the advertising and appointment of
the position. After further discussion, the Board was in agreement to continue
Board assignments to the June 13, 2023 meeting.
5. 2024 PROVISIONAL STRATEGIC PLAN.
The Town Board held Strategic Planning Sessions on March 8, 2023 and April 5,
2023. Adoption of the 2024 Provisional Strategic Plan would provide departments
with a formally-adopted document utilized to inform and guide development of the
2024 proposed budget and track and report on changes to the Strategic Plan
during the budget process. Clarification was requested on the redline edits within
the plan which were final changes identified by the Town Board at the April 5, 2023
study session. There being no further discussion, it was moved and seconded
(Younglund/MacAlpine) to approve the 2024 Provisional Strategic Plan, and it
passed unanimously.
Mayor Pro Tem Cenac requested a Study Session discussion on the FEMA Flood
Maps.
Whereupon Mayor Koenig adjourned the meeting at 9:05 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk DR
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Town of Estes Park, Larimer County, Colorado May 24, 2023
Minutes of a Joint Study Session meeting of the LARIMER COUNTY
COMMISSIONERS and the TOWN BOARD of the Town of Estes Park,
Larimer County, Colorado. Meeting held Virtually on the 24th day of May,
2023.
Board: Mayor Koenig, Trustees Cenac, Hazelton, Lancaster,
MacAlpine, Martchink, and Younglund
County Commissioners Commissioners Kefalas, Shadduck-McNally, and Stephens
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, Director Muhonen, Town
Engineer Bailey, Engineer Waters, and Town Clerk
Williamson
Assistant County Manager Kadrich, Community Planning,
Infrastructure and Resources Director Ellis, and Larimer
County Engineering Director Peterson
Absent: County Manager Volker
Mayor Koenig called the meeting to order at 11:10 a.m.
ESTES VALLEY STORMWATER UTILITY DISCUSSION
Director Muhonen reviewed the previous discussion held at the March 22, 2023 joint
meeting in which the elected officials directed staff to 1) review Idaho Springs
experience with funding stormwater with a sales tax; and 2) develop three variants of
the three funding sources with a focus on the user fee. The model used by Idaho
Springs would not be relevant as it only generates $25,000 a year and accumulates
over years for grant matching funds.
A stormwater utility funding estimating tool was created and summarized funding
allocations for five options. The user fees were broken down into three cost
components: Administration, Operation & Maintenance, and Capital. Options 4 and 5,
the user may enter preferred percentages of program costs to evaluate a variety of
funding strategies. The cost estimating tool did not alter three other highly influential
variables that impact total program cost: 1) time duration for infrastructure buildout; 2)
annual inflation of construction costs; and 3) annual change in sales tax revenue
collected. Understanding the limited agency influence over these variables, staff
recommended that a decision be made based on reasonable current assumptions, and
future funding adjustments be made periodically (every 10+/- years) as updated factual
data becomes available.
Elected official comments and questions were heard and summarized: would the user
fee need to be adjusted over time and would the voters need to approve the change;
the voters should have the ability to vote on the user fee; user fees help to spread out
the funding sources and not rely solely on sales tax to fund the utility; the user fee
provides funding from those properties not within town limits that benefit from the
improvements of the utility; a multi-facet approach would be appealing and user fees
should be used for Operations and Maintenance as well as Administrative costs; the
visitors have paid for a number of issues within our community and the town cannot rely
on them to continue to fund every new project; the cost of doing business should be
consider when assessing user fees as the town consists of small business owners;
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Town Board Study Session – May 24, 2023 – Page 2
concern was raised on relying solely on sales tax to fund matching dollars for grants;
and user fees could be used in the event a sales tax sunsets.
Director Muhonen stated user fees can be established administratively and would then
be adjusted administratively over time. Town Attorney Kramer confirmed user fees
could be established administratively and would not require a vote. He further stated
there are a number of mechanisms for funding a stormwater utility that may require a
vote.
Discussion was heard and summarized on Option 2 with a user fee to cover
Administrative and some Operation and Maintenance costs along with sales tax and
grant funding: heard comments on the likelihood of the voters approving a sales tax;
discussion on taking the user fee to the voters for approval and the impacts of doing so
when it would not be required to do so; grant agencies tend to look more favorably to
applications that demonstrate a diversified source for matching funds as it shows the
community values the projects; and the need to educate the voters that a renewal of the
1A tax would not raise taxes but rather reallocate where the funds are used in the
future.
Director Muhonen requested discussion on the user fees ranging from $3 - $10 for
residential properties. The general consensus was approval of the proposed residential
property user fees. There was discussion heard on how to assess commercial
properties that may have a large impervious coverage but are small businesses. Using
sales tax as a measure was discussed; however, a number of businesses are service
based and would not generate significant sales tax.
The general consensus of the elected officials was agreement with Option 1 to fund a
stormwater utility with three funding sources: sales tax, grants and user fees, explore
the election options for both the November 2023 coordinated election and the upcoming
2024 Municipal Election, and bring forward two options for the consideration on the
timing of implementing a user fee.
There being no further business, Mayor Koenig adjourned the meeting at 12:48 p.m.
Jackie Williamson, Town Clerk DR
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Town of Estes Park, Larimer County, Colorado, May 4, 2023
Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held in Rooms 203 of the
Estes Park Town Hall in said Town of Estes Park on the 4th day of May,
2023.
Board: Chair Nancy Almond, Vice Chair Deanna Ferrell, Members
Aleta Kazadi, Rut Miller, Jessica Moffett, Nicole White, and
Sue Yowell
Also Attending: Town Board Liaison Younglund, Deputy Town Administrator
Damweber, and Deputy Town Clerk Beers
Absent: Member Kazadi
Chair Almond called the meeting to order at 3:36 p.m.
PUBLIC COMMENT.
None.
MINUTES DATED APRIL 6, 2023.
It was moved and seconded (White/Miller) to approve the meeting minutes dated
April 6, 2023, and it passed unanimously.
CHAIR REPORT/UPDATES.
Chair Almond presented a list of FAB activities and accomplishments providing history
of activities from 2022 through current. Data would be compiled with previous years
data which was presented to FAB at the June 2, 2022 meeting and would be provided
to the Town Board on May 23, 2023. It was recommended to include the dates of the
Family Listening Sessions and the publication company of the Mental Health resource
article which was published in 2022.
Member Yowell arrived at 3:44 p.m.
STAFF LIAISON UPDATE.
Deputy Town Administrator Damweber provided an update on the Special District
Election results. He stated the Town received three applications for the Housing and
Childcare Manager position. Staff extended the position listing for an additional three
weeks and expanded the notice distribution to the Colorado Municipal League.
FOLLOW UP – APRIL 6, 2023, MEETING.
Chair Almond stated the Early Childhood Council with Larimer County discussed a
potential ballot measure to increase sales tax to address childcare needs and more
information would be available through the county. Member Miller stated the Estes
Valley Investment in Childhood Success would be joining discussions with the Estes
Valley Library Youth Council and the Youth in Action group with the High School
regarding collaboration efforts.
RECOMMENDATIONS FOR THE TOWN.
Discussion ensued on the list of recommendations to the Board. Changes or edits have
been summarized: How the Town could encourage youth interest in local issues and
local government and coordination efforts with the Estes Valley Library and the School
District; encourage the creation of opportunities for inclusivity in the community
engagement process; support lower-income households, workforce and full-time
residents access to broadband services with an emphasis on priority for families with
children and the workforce; establish on-going community collaboration a minimum of
two times per year to develop and revise the annual Workforce Housing and Childcare
Funding Plan; support conducting an updated childcare needs assessment comprised
of a broad community working group and the development of a community childcare
strategic plan and support for mental health initiatives and training for all employees.
Family Advisory Board – May 4, 2023 – Page 2
The FAB was in agreement to provide recommendations to the Town Board in advance
of the May 23, 2023 meeting.
RECOMMENDATIONS FOR TOWN ADVISORY BOARDS.
Discussion ensued related to onboarding new members of advisory boards and has
been summarized: Recommend remote attendance be allowed during advisory board
meetings; provide six-month reminders prior to the five-year review outlined in Town
Board Governance Policy 102; a three-month notice of sunset consideration outside of
regularly scheduled review; and the creation of an “Orientation and Training Packet” for
advisory boards.
PROPOSED DRAFT RESOLUTION FOR SUNSETTING FAB.
On March 14, 2023, the Town Board continued Resolution 28-23 Sunsetting the Family
Advisory Board to May 23, 2023. The decision provided FAB time to finish current
business and comment on Resolution 28-23. Revisions of Resolution 28-23 were
established in collaboration with staff and would be presented to the Town Board for
consideration at the May 23, 2023 meeting.
DECISION AND NEXT STEPS FOR THE COMMUNITY FAMILY BOARD.
Chair Almond requested interest in holding a community stakeholder meeting hosted by
the Estes Park Non-Profit Resource Center. It was agreed to solicit public interest in
attending a community stakeholder meeting and extend invitations to FAB applicants.
There being no further business Chair Almond adjourned the meeting at 5:02 p.m.
/s/Bunny Victoria Beers, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, April 19, 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 19th day of April,
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,
Igel, and Slack; Trustee Martchink; Director Muhonen; Manager Solesbee;
Recording Secretary McDonald; Dana Klein, Parking & Transit Supervisor;
Ryan Burke and Melita Pawlowski, Slate Communications
Absent: Member Finley
Chair Morris called the meeting to order at 12:03 p.m.
PUBLIC COMMENT
Karen Jirsa (Town citizen) was in attendance as a downtown business owner concerned
with the impact of downtown construction projects on businesses, particularly those on
West Elkhorn Avenue.
TRUSTEE LIAISON UPDATE
Trustee Martchink reported that an outgoing member of another Town advisory board
submitted recommendations on refining, expanding, and formalizing the training and
administrative process for advisory boards. TAB members were invited to provide
feedback on this topic to Director Muhonen, who would organize and submit this feedback
to the Town Clerk’s office. Additionally, Trustee Martchink advised that residents are
requesting pothole repair and drainage work on Virginia Lane.
APPROVAL OF MINUTES DATED MARCH 15, 2023
It was moved and seconded (Gamble/Slack) to approve the March 15, 2023, minutes,
and the motion passed unanimously.
ESTES TRANSIT BRANDING PROJECT UPDATE
Manager Solesbee thanked Chair Morris and Member Hanick for committee work with
Slate Communications on the Estes Transit branding project, and invited consultants
Burke and Pawlowski to present the Discovery Report and Brand Management
Guidelines, which will also be presented at the April 25 Town Board meeting.
Transportation Advisory Board – April 19, 2023 – Page 2
Presentation points included the staff and community stakeholder interview process for
brand methodology; key takeaways from those discussions; bus design wrap options; and
the color-and-animal-themed labels for the five routes.
Discussion points included strategies for promoting transit usage among the primary and
secondary markets; magnetic route signage use on the trolleys when they function as
route substitute shuttles; the possibility of adding more colors to the Brown Route wrap;
whether the animal art on the privately owned Estes Park Shuttle buses would conflict
with the branding project’s animal art; challenges of marketing to non-native speakers
who are not familiar with the animals depicted on signage and maps, or to any
demographic that is not tech-savvy or likely to use QR codes; and the benefits of
assigning ambassadors to each route stop and ensuring that area resort staff can educate
and empower visitors to feel confident about using Estes Transit. Manager Solesbee
invited TAB members to contact her with any further feedback on Slate’s presentation.
MOBILITY SERVICES UPDATES
Manager Solesbee reported that the Multimodal Transportation Plan & Transit
Development Plan (MTP-TDP) bid was posted April 6, and requested a maximum of two
TAB members to assist with proposal reviews and interviews; Member Ferko and Vice-
Chair Ekeren volunteered. The Electric Vehicle (EV) Readiness Plan Implementation will
be a Town Board Study Session item on May 9, with the goal of seeking direction on
whether EV infrastructure expansion is best served by the Town or the private sector;
when available, the session time and packet will be shared with the TAB. Permit and
design plans are forthcoming for the Electric Trolley Facility Project; a Colorado
Department of Transportation (CDOT) grant will cover the funding gap, and the invitation
to bid is planned for May/June. Manager Solesbee will be studying safety criteria for such
facilities at an upcoming conference. She and Supervisor Klein are heavily focused now
on field operations and communication with various local entities to ensure that paid
parking and transit options are understood and promoted during the coming visitor
season.
Supervisor Klein reported full parking lots and a well-used parking structure during the
April 14-15 Bigfoot Days. The EV Ride & Drive event had great attendance and will likely
be hosted again in 2024. The Local 60 permit time-extension proposed by staff, which the
TAB discussed at length on March 15, will be presented to the Town Board on May 9. As
originally proposed, staff will recommend that the Town Board approve to extend the
Local permit exemption time from one hour to two. Although the TAB had voted to
increase the resident exemption permit to 90 minutes on March 15, members agreed with
the reasons for this final recommendation by staff. It was moved and seconded
(Hanick/Gamble) to increase the resident exemption permit to two hours, and the
motion passed unanimously. A TAB letter of support will be prepared.
There was brief discussion about how the parking structure, which was built to visually
blend into the natural setting, continues to be underutilized for this reason and for its
complicated access for travelers entering Estes Park on US 34. Signage indicating “Free
Parking Riverwalk to Downtown” is being considered.
Transportation Advisory Board – April 19, 2023 – Page 3
PROVISIONAL 2024 TOWN STRATEGIC PLAN GOALS & OBJECTIVES
Director Muhonen advised that the current, provisional form of the 2024 Town Strategic
Plan Goals & Objectives reflects edits incorporated after the April 5 Town Board Study
Session; the final version would be approved only after a public hearing. There was brief
discussion about the Big Horn parking structure development and the US 34 study-based
improvements, which will be informed by the MTP-TDP.
ENGINEERING & ADMINISTRATIVE UPDATES
Director Muhonen advised that Kimley-Horn is working toward the 100% construction
plans for Cleave Street Improvements. Staff will soon review easement size and
compensation before contacting property owners.
Phase 1 Construction of the Downtown Wayfinding Plan continues with concrete footing
installations, which should be completed by the end of April.
A Street Improvement Program (STIP) contract extension with Vance Brothers was
approved for 2023 Chip & Crack Seal, and the pre-construction meeting was held April 5.
Bids will be opened today for the 2023 Overlaying & Patching contract. Colorado
Barricade Company will manage the 2023 Striping & Pavement Markings project in May.
Downtown Estes Loop construction is currently focused on the river and roundabout.
Concrete columns for the new Ivy Street bridge were poured, with abutment pours and
girder placement to follow in the coming weeks. Post Office parking will be extremely
limited for a few days; it was agreed to provide some level of notice for the public to avoid
the Post Office when the impacted dates are certain. Flood overflow pipe installation and
gas line relocation continue.
Contractor scheduling has delayed the concrete pour for the US 36 and Community Drive
Roundabout. Director Muhonen applauded Line Crew Supervisor Boles for supplying
conduit spacer racks to keep the installation phase on schedule.
Xcel Energy has completed its work on the Fall River Trail Extension. Construction of
Rocky Mountain National Park’s (RMNP) Fall River Entrance Station is now scheduled
for completion in early fall.
There was brief discussion about the status of the MacGregor Trail (Devil’s Gulch/Dry
Gulch Trail). Director Muhonen advised that the Town has fulfilled its part in this privately
driven project, but that a local group is accepting donations.
OTHER BUSINESS
In response to concern about Colorado SB23-213 affecting Estes Park, Trustee Martchink
advised that the bill would likely see many revisions. Review of HB23-1233 was also
encouraged.
Transportation Advisory Board – April 19, 2023 – Page 4
Recording Secretary McDonald notified the TAB that, due to temporary inaccessibility of
Town Hall Rooms 202 and 203, the May and June TAB meetings will be held in the Town
Board Room. This meeting location will be confirmed by email prior to those meeting
dates.
There being no further business, Chair Morris adjourned the meeting at 1:46 p.m.
/s/Lani McDonald, Recording Secretary
PUBLIC WORKS DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, PE, Public Works Director
Date: June 13, 2023
RE: 2023 Art in Public Places (AIPP) Artwork Donation Form for “Flowers” Art
in Mrs. Walsh’s Garden
(Mark all that apply)
X PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES X NO
Objective:
Public Works staff seek approval to accept the Art in Public Places (AIPP) artwork
donation of “Flowers,” three wildflower pencil drawings from Estes Park Middle School
and the Estes Valley Watershed Coalition (EVWC) for display at Mrs. Walsh’s Garden.
Present Situation:
This artwork won a drawing contest in the Estes Park School District (EPSD). The
drawings—on printed graphic marking film and 2ml UV-resistant protective over
laminate on .125” of polymetal—are of three distinct native wildflowers, and feature text
of their individual descriptions. The EVWC would also like to donate a 45-degree black
angle frame and mounting sleeve for attachment to a designated lumber post.
Proposal:
The EVWC would like the Town to display these drawings of native flowers within Mrs.
Walsh’s Garden, the Town’s only true native garden.
Advantages:
• Featuring this artwork in Mrs. Walsh’s Garden, on an already existing lumber
post, will show appreciation for local artists and provide educational information
about these three wildflowers.
Disadvantages:
• The Town’s Public Works Parks Division will be in charge of installing the
artwork.
Action Recommended:
Public Works staff and the Mrs. Walsh’s Garden Advisory Committee recommend
acceptance of this AIPP donation.
Finance/Resource Impact:
Budget Impact: none.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the AIPP Flowers art donation.
Attachments:
1. Art in Public Places (AIPP) Donation Form – Flowers
TOWN OF ESTES PARK
ARTWORK DONATION FORM
Thank you for your interest in donating a work of art to the Town of Estes Park. Art in Public Places is a
vital component to the beauty and quality of life in our community. Please complete the information below
to facilitate a thorough review of the proposed donation.
In order to ensure the highest standards, aesthetic consistency, and proper maintenance, the decision to
accept the donation rests with the Public Works Department. Public Works staff reserve the right to move
or remove the piece from the permanent collection, if that becomes necessary, in the future.
Please submit with this form:
1. Photographs or detailed drawings of the artwork
2. Documentation authenticating the purchase price or appraised value
General Information
Donor name (Individual/Organization/Business):
Contact person (if different from above):
Mailing Address:
Phone Number & Email Address:
Information About the Artwork
Title of the Artwork:
Name of the Artist:
Mailing Address of Artist:
Estes Park Middle School - Ravi Davis
Ravi Davis - EP School District
EV Watershed Coalition - Dawn James
Estes Valley Watershed Coalition
P.O. Box 4494
Estes Park, CO 80517
Ravi Davis - 970-586-4439
EV Watershed Coalition - Dawn James 970-290-1829
EVWatershed@EVWatershed.org
Flowers
Laurel W. Estes Park 11th Grade Student
Sponsor: Estes Valley Watershed Coalition
P.O. Box 4494
Estes Park, CO 80517
ATTACHMENT 1
Sign, Frame and cap provided. Will be replacing
existing sign in the garden.
Angled Mount Frame with Sleeve 18” x 24” 4 @ $262.00 ea = $1,048.00
$1,368.00*
*Plus S&H, art layout, and installation
Vacker Products www.vackersign.com
Seasons Panel 18” x 24” 4 @ $ 80.00 ea = $ 320.00
Vacker Inc.
948 Sherren St. W.
Roseville, MN 55113-4420 US
ckriegler@vackersign.com
www.vackersign.com
Estimate
ADDRESS
Estes Valley Watershed
Dawn James
320 Whispering Pines Drive,
Estes Park, CO 80517
SHIP TO
Estes Valley Watershed
Dawn James
320 Whispering Pines Drive,
Estes Park, CO 80517
ESTIMATE #4712
DATE 04/26/2023
DATE DESCRIPTION QTY RATE AMOUNT
Storywalk Angled
Frame Aluminum1-15
Angled mount storywalk frame
for 18"Hx24"W storywalk sign or
materials (frame gap for
materials up to .25" thick) , 45
degree angle, removable bottom
rail with rivnut construction, and
(1) 3"x3"x60" post with plate for
direct bury, black texture powder
coat, aluminum construction.
Includes (2) 18"x24" pieces of
clear acrylic for page display.
3 302.00 906.00
Angled Frame with
Sleeve -1824
Angled Mount Frame with sleeve
for 4"x 4" lumber post for
18"Hx24"Wx.125" sign panel
with 45 degree angle, black
texture powder coat, aluminum
construction. Lumber not
included.
1 262.00 262.00
Ship BD UPS Aluminum mount packing
packing and shipping costs via
UPS
1 350.00 350.00
StoryWalk sign panels 18"x24"x.125" Storywalk single
sided sign panel (intermediate
grade printed graphic marking
film and 2ml UV resistant
protective overlaminate applied
to .125" polymetal), 5 year life
expectancy. Output from client
prepared file. Minimum quantity
of 16.
4 59.00 236.00
Ship Tuff UPS Tuff Panel packing and shipping
costs via UPS or Spee-Dee
1 52.00 52.00
Thank you for the opportunity to provide you with a proposal. Feel
free to get back to me with any questions, to request a revision, or if
you'd like to proceed with the order. In that case, please sign off and
return the proposal or provide an agency purchase order.
Thanks again,
Carol Kriegler
TOTAL $1,806.00
Accepted By Accepted Date
Blanket Flower Fremont GeraniumSulphurflower Buckwheat
Gaillardia pulchella
•This flower is commonly known as a Firewheel or
an Indian blanket flower.
•This species is native to Colorado and much of
western North America.
•The blanket flower can be found in grassland and
forest ecoregions and can tolerate elevations up to
9,000ft.
•The blanket flower makes for a great ornamental
and attracts many pollinators.
Eriogonum umbellatum
•Sulphur Flower.
•This species is native to Colorado and much of
western North America.
•This species is typically found on dry slopes and
rock outcroppings. It is highly heat and drought-
tolerant and can withstand elevations up to 10,000
feet.
•The sulphurflower buckwheat attracts and
provides food for various pollintors like bees and
butterflies.
Geranium fremontii
•Also wild geranium.
•The fremont geranium is native to Colorado.
•This species grows in montane regions and
foothills. The Fremont Geranium prefers to grow in
edge forest s, open meadows, and dry slopes.
•This plant can be good for erosion control. Animals
like deer graze on this species and it also provides a
food source for many pollinating insects.
Laurel W. — Grade 11
Estes Park High School
PUBLIC WORKS & UTILITIES
DEPARTMENTS
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jacqueline Wesley/Utilities and Jeff Bailey/Public Works
Date: June 13, 2023
RE: Change Order to Contract with RG & Associates to add Roadway and
Sidewalk Design in the Reclamation Neighborhood
(Mark all that apply)
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE
X CONTRACT/AGREEMENT ☐ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES X NO
Objective:
Staff’s objective is to save time and money by collaborating with Public Works to
complete new infrastructure design work in the Reclamation Neighborhood by changing
our existing contract to include new roadway and sidewalk designs.
Present Situation:
The Reclamation Neighborhood was built in the 1940s by the Bureau of Reclamation to
support the Colorado-Big Thompson project. At the time of construction, the
neighborhood was intended to be low-cost temporary housing. Costs savings included
installing water and sewer lines close together.
In 2010, RG & Associates (RGA) developed a water main design to approximately 95%
complete. The Town contracted with RGA in 2022 to complete the water line relocation
design including patching the streets and to advertise the project for bidding. The
contract amount was $59,285, below the $100,000 threshold requiring Town Board
authorization.
Proposal:
The streets and sidewalks in the Reclamation neighborhood are in poor condition and
do not comply with Americans with Disabilities Act (ADA) requirements. Public Works
prioritized this neighborhood for future improvements including ADA compliance.
The Utilities and Public Works Departments requested RGA develop a contract
amendment to include street and sidewalk improvements on First Street, Second Street,
Third Street, North Court, and South Court and to complete trail design along North St.
Vrain. RGA’s proposal includes public outreach and design to combine the roadway and
sidewalk improvements with the waterline relocation into a single construction bid
package.
Funding for design will be provided by Public Works using Fund 260 (Streets) account.
Design for the water system improvements was appropriated in the 2022 budget and
carries over into 2023. Capital construction funding will be split between the Utilities
Department using 503-7000-580.35-54 account and by Public Work using 260-2000-
420.35-51 (streets) account. The allocation of the capital construction costs will be
finalized using unit bid price information.
The new contract amount exceeds $100,000 triggering the requirement for Town Board
approval.
Advantages:
● Having one designer eliminates additional coordination between design firms.
● Having one construction bid package eliminates duplicate staff workload for
project biding and contracting.
● Consolidated neighborhood discussions to understand the full scope of
construction work
● Construction cost savings with a single mobilization, demobilization and
economies realized through joint construction efforts.
● Improved public perception of the Town Government’s ability to collaborate
between Town departments for the benefit of our citizens.
Disadvantages:
● Delay in water main construction while a final design is produced; however, less
red tape by using a single contract
● Longer construction duration over a larger area than if only the waterline project
was completed; however, once completed streets and sidewalks will be
modernized and brought to ADA standards.
Action Recommended:
Staff recommends approval of the change order.
Finance/Resource Impact:
There is sufficient funding available from the Utilities and Public Works to complete the
design of this project.
Current Impact:
PW $ 91,593 expenditure, $4,571,522 available budget as of 4/18/2023
Future Ongoing Impacts: Future ongoing expenditures are not expected to be impacted
by these expenditures.
Future One Time Impacts: This is not expected to significantly impact future one-time
costs.
Level of Public Interest
High interest in the localized Reclamation Neighborhood area; however, low interest to
the larger Estes Valley.
Sample Motion:
I move for the approval/denial of the change order to add street and sidewalk design
within the Reclamation Neighborhood in the amount of $91,593.
Attachments:
1. Original RG & Associates Contract
2. RG & Associates contract change order 1
3. RG & Associates contract change order 2
TOWN oi ESTES PARK
PROFESSIONAL SERVICES CONTRACT
Engineering Services for Final Design of Water Main Relocation in the Bureau of Reclamation
Neight,orhood
The parties,the Town of Estes Park.Colorado (Town),a municipal corporation,and RG
and Associates,LLC (Consultant or Contractor),a Colorado limited liability company,whose
address is 4885 Ward R.Suite 100,Wheat Ridge CO.80033.make this Contract this
day of ,2022,at the Town of Estes Park,Colorado,
considering the following facts and circumstances:
RECITALS:
I .1 Town desires to tise the services of Consultant outlined in Consultant’s Proposal;and
1.2 Consultant has agreect to provide the Services outlined in its Proposal,on the terms
and conditions stated in this Contract.
2 CONTRACT:This Agreement is a Conttact,representing the entire and integrated
agreement between the parties and siLpersedes any prior negotiations,written or oral
representations and agreements.The Agreement incorporates the following Contract
Documents.In resolving inconsistencies between two or more of the Contract Documents.
they shall take precedence in the order enumerated.with the first listed Contract Document
having highest precedence.
The Contract Documents,except for amendments executed after execution of this Contract,ate:
2.1 Change Orders:
2.2 Notice to Proceed:
2.3 This C’ontract;
2.4 The following Addenda.if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract,if any:
Document Title Page(s)
2.6 Notice of Award;
ATTACHMENT 1
2.7 Consultant’s Proposal,containing four (4)pages,dated May 17.2022,attached as
Exhibit A;and
2.8 Insurance Certificates.
3 SCOPE OF SERVICES:Consultant shall provide and furnish at its own cost and expense all
materials,machinery,equipment,tools,superintendence,labor,insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE:The Consultant shall begin
services under this Contract upon receiving Town’s notice to proceed.Consultant shall
timely perform its Services,according to Consultant’s Proposal.
5 PRICE:The Town will pay Consultant for the performance of this Contract,not to exceed
59,285,as the Price for the total Services performed as stipulated in Consultant’s Proposal.
This Contract does not create a multiple fiscal year direct or indirect debt or other financial
obligation.Each request for service shall incur a concurrent debt for that request only.All
financial obligations of the Town under this Contract are contingent upon appropriation,
budgeting.and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT:The Consultant shall bill its charges to the
Town periodically,but no more frequently than once a month.Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill,a
brief description of the Services provided by each such employee,and an itemization of
direct expenses.The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt.If Town questions any part of a bill,finds
any part of a bill does not conform to this Contract,or claims the right to withhold payment
of any part of a bill,it will promptly notify Consultant of the question,nonconformity or
reasons for withholding.
7 OUAL[FICATEONS ON OBLIGATIONS TO PAY:No partial payment shall be final
acceptance or approval of that part of the Services paid for,or shall relieve Consultant of any
of its obligations undet-this Contract.Notwithstanding any other temis of this Contract,
Town may withhold any payment (whether a progress payment or final payment)to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor,material,or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
Town will pay for any part attributable to conforming Services).
Town of Estex Park Pro/’ssionc;I Se,,’ice.c Contract --Page 2 of 13
7.4 Town,in its good faith judgment,determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
CONSULTANVS DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services.Consultant accepts the relationship of tntst and confidence
established between it and the Town by this Contract.Consultant will use its best
efforts,skill,judgrnent,and abilities.Consultant will further the interests of Town
according to Town’s requirements and procedures,according to high professional
standards.
8.2 Consultant has and will undertake no obligations,commitments,or impediments of
any kind that will limit or prevent its performance of the Services,loyally,according
to the Town’s best interests.In case of any conflict between interests of Town and any
other entity,Consultant shall fully and immediately disclose the issue to Town and,
without Town’s express approval,shall take no action contrary to Town’s interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant’s same profession under the same or similar circumstances.
8.4 Consultant’s work,including drawings and other tangible work products provided to
Town,will be accurate and free from any material etTors,and will conform to the
requirements of this Contract.Town approval of defective drawings or other work
shall not diminish or release Consultant’s duties,since Town ultimately relies upon
Consultant’s skill and knowledge.
8.5 The Contract Documents determine whether the Consultant’s Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will,nevertheless,call to Town’s attention anything in any drawings,
plans,sketches,instructions,information,requirements,procedures,or other data
supplied to Consultant (by the Town or any other party)that Consultant knows,or
reasonably should know,is unsuitable,improper,or inaccurate for Consultant’s
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract,as Town
requires.Town will give reasonable notice of any such meetings,so Consultant may
attend.
8.7 As applicable state and federal laws may require,Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
Toit’n ?f Estes Park Professional Sen’ices Contract --Page 3 of 13
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices,consistently
applied.Consultant shall make them available for the Town’s inspection at all
reasonable times.Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN’S DUTIES:
9.1 Town tvill provide full int’onriation to the Consultant on the Town’s requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town,including maps,studies,reports,tests,surveys and other data,as Consultant
specifically requests.
9.3 Town will examine all tests,reports,drawings,specifications,maps,plans and other
documents presented by the Consultant to Town for decisions.Town will obtain the
advice of other consultants,as the Town thinks appropriate.Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town’s representative on this Agreement.This
person will have authority to issue instruction,receive information,interpret and
define the Town’s policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE Of FINAL PRODUCT:Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant’s work.Except for
deficiencies in Consultant’s performance under this Agreement,future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS:All drawings,
specifications,computations,sketches,test data,survey results,renderings,models,
electronic drawing files,and other materials peculiar to the Services of Consultant or
Consultant’s subconsultants under this Contract are property of Town,for its exclusive use
and re-use at any time without further compensation and without any restrictions.Consultant
shall treat all such material and information as confidential,and Consultant shall neither use
any such material or information or copies on other work nor disclose such material or
information to any other party without Town’s prior written approval.Upon completion of
Services,or at such other time as the Town requires,Consultant shall deliver to the Town a
complete,reproducible set of all such materials.For copyright ownership under the Federal
ThI%n of Estes Park Profrssio,ial Sen’ke.c Coiitract —-Pagc’4 of 13
Copyright Act,Consultant conveys to Town and waives all rights,title and interest to all
such materials in written,electronic or other form,prepared under this Contract.Town shall
have worldwide reprint and reproduction rights in all forms and in all media,free of any
claims by the Consultant or its subconsultants and subcontractors.The Town’s rights,
granted above,in drawing details,designs and specifications that are Consultant’s standard
documents for similar projects,and in Consultant’s databases,computer software and other
intellectual property developed,used or modified in performing Services under this Contract
ate not exclusive,but joint rights,fieely exercisable by either the Town or the Consultant.
All design documents,including drawings,specifications,and computer software prepared
by Consultant according to this Contract comprise Consultant’s design for a specific Project.
Neither party intends or represents them as suitable for reuse,by Town or others,as designs
for extension of that same Project or for any other project.Any such reuse without prior
written verification or adaptation by Consultant for the specific put-pose intended will be at
user’s sole risk and without liability or legal expostire to Consultant.Except as required for
petformance under this Contract,Consultant’s verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS:Town reserves the right to order work changes in the nature of
additions,deletions,or modifications,without invalidating this agreement,and agrees to
make corresponding adjustments in the contract price and time for completion.All changes
will be authorized by a written change order signed by Town.Work shall be changed,and
the contract price and completion time shall be modified only as set out in the written
change order.The Contract term shall be extended to encompass any extended completion
time.
13 SERVICE OF NOTICES:The parties may give each other required notices in person or by
first cLass mail or by email to their authorized representatives (or their successors)at the
addresses listed below:
TOWN OF ESTES PARK:CONSULTANT:
Reuben Bergsten James R.Landry,P.E.,CWP
Director of Utilities Chief Operating Officer
Town of Estes Park RG and Associates,LLC
170 MacGregor Avenue 4885 Ward Road,Ste 100
P0 Box 1200 Wheat Ridge,CO 80033
Estes Park,CO 80517
14 COMPLIANCE WITH LAW:Consultant will perform this Contract in strict compliance
with applicable federal,state,and municipal laws,ruLes,statutes,charter provisions,
ordinances,and regulations (including sections of the Occupational Safety and Health
Administration [OSHA]regulations,latest revised edition,providing for job safety and
health protection for workers)and all orders and decrees of bodies or tribunals applicable to
work under this Contract.Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law,ordinance,regulation,order,
Town of Estc.c Park Profi’ssiona1 Services Coiztract ——PageS of 13
or decrees by itself or by its subcontractors,agents,ot employees.Town assumes no duty to
ensure that Consultant Ibliows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES:The Consultant shall secure all permits and licenses,pay all
charges,files,and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services.Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES,MATERIALS AND PROCESSES:The Consultant shall hold and
save harmless the Town from all claims for infringement,by reason of fee use of any
patented design,device,material,process,or trademark or copyright and shall indemnify the
Town for any costs,expenses,and damages,including court costs and attorney fees,incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE:Consultant shall,at its own costs,secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below,with forms and
insurers acceptable to Town.In addition,Consultant shall maintain such coverages for the
insurance listed in Paragraphs I 7.1,17.3 and 17.4 for two additional years.For any claims-
made policy,Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers’Compensation according to the Workers’Compensation Act of the State of
Colorado and Employer’s Liability with limits of at least $500,000.
17.3 General liability,including contractual liability,of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney’s fees and
defense cost.Coverage shall include bodily injury,property damage,personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1 ,000,000 per each occurrence pltis an
additional amount adequate to pay related attorneys’fees and defense costs,for each
of Consultant’s owned,hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valttable Papers insurance in an amount adeqtiatc to assure the restoration of any
plans,drawings,field notes,or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds.The required professional liability and workers’compensation policies or
coverages shall not contain endorsements including the Town,its officers or
Toiin of Estex Park Pro/’ssional Sen’ice.c coiztracr --Pagc’6 of 13
employees as additional insureds.Every policy required above shall be primary
insurance.Any insurance or self-insurance benefits carried by Town,its officers,or
its employees,shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall,upon request,provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract,before beginning
work under this Contract,Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability)are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PU Box 1200
Estes Park,CO 80517
Attention:Jacqueline Wesley,P.E.
With the exception of professional liability and workers’compensation,policy or
policies providing insurance as required will defend and include the Town,its Board,
officers,agents and employees as additional insureds on a prirnaly basis for work
performed under or incidental to this Contract.Required insurance policies shall be
with companies qualified to do business in Colorado with a gcnei-al policyholder’s
financial rating acceptable to the Town.The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town.General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town.These policies
shall provide that the Town,although named as an additional insured,shall
nevertheless be entitled to recover under said policies for any loss occasioned to it,its
officers,employees,and agents by reason of acts or omissions of the Consultant,its
officers,employees,agents,sub-consultants,or business invitees.They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-instired under the laws of the State of Colorado,Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel,change,or fail to renew required insurance coverages.
Consultant shall notify Town’s designated person responsible for risk management of
any reduction or exhaustion of aggregate limits,which Town may deem to be a
breach of this Contract.
17.1 1 The Town relies on,and does not waive or intend to waive,by any provision of this
Contract,the monetary limitations or any other rights,immunities,and protections
provided by the Colorado Governmental Immunity Act,§24-10-101 etq.,C.R.S.,
Town of Estes Park P,o/’ssjo,in/Services Contract -—Pagc’7 o[13
as from time to time amended,or otherwise avaiLable to the parties,their officers,or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occutrence form,the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal,the discovery period for insurance claims (tail coverage)will be at
least 72 months.
17.13 Consultant shall not cancel,non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIfICATION:
18.1 Consultant and its agents,principals,officers,partners,employees,and
subcontractors (“Indemnitors”)shall and do agree to indemnify,protect,and hold
harmless the Town,its officers,employees,and agents (“Indemnitees”)from all
claims,damages,losses,liens,causes of actions,suits,judgments,and expenses
including attorneys’fees),of any nature,kind,or description (“Liabilities”)by any
third party arising out of,caused by,or resulting from any Services under this
Contract if such Liabilities are:(1)attributable to bodily injury,personal injury,
sickness,disease,or death of any person,or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages)and (2)
caused,in whole or in part,by any error,omission or negligent act of the Consultant.
anyone directly or indirectly employed by it,or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error,omission or negligent act covered
by this Agreement,each stich Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the lndernnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee.This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town,or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation,the Consultant shall compensate the Town for
any time the Town Attorney’s Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services.This obligation to indemnify’the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR:Consultant shall perform all Services under this
Agreement as an independent contractor,and not as an agent or employee of Town.No
employee or official of Town shall supervise Consultant.Consultant shall exercise no
supervision over any employee or official of Town.Consultant shall not represent that it is
an employee or agent of the Town in any capacity.Consultant’s officers,employees and
Thitn of Estex Park Profrssional Servke.c Coztract —-Page 8 of 13
agents are not entitled to Workers’Compensation benefits from the Town,and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement.Except as this Agreement expressly states,Consultant shall,at its sole expense,
supply all buildings,equipment and materials,machinery,tools,superintendence,pei-sonnel,
insurance and other accessories and Services necessary.This Agreement is not exclusive;
subject the terms of this Agreement,Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING:Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning,and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE:All headings,captions and titles are for convenience
and retërence only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES:The parties intend no third-party beneficiaries
under this Contract.Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE:For condtict the Town (in
its sole discretion)decides may violate applicable laws,ordinances rules or regulations,or
may expose Town to liability or loss,Town may bar any person (including Consultant’s and
subconsultants’and subcontractors’employees)from the Town’s work sites.Such a bar shall
not require any employee’s discharge from employment,but shall merely prohibit the
employee’s presence at Town’s work sites.Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER:No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM:This Contract shall commence on the date specified in the forthcoming Notice to
Proceed,and shall continue through December 31,2023.
26 TERMINATION:
26.1 In addition to any other available remedies,either party may terminate this Contract if
the other party fails to cure a specified default within seven (7)days of receiving
written notice of the default.The notice shall specify each such material breach,in
reasonable detail.
26.2 Town may,at any time,terminate performance of the work,in whole or in part,for its
own convenience.The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination,for convenience,Town shall pay Consultant for work
satisfactorily completed,to the date of termination.The Town shall determine the
portion of work completed.
Town of Estex Park Pmf’ssiona1 Services Ccmtract ——Page 9 of 13
26.3 If either party so tenninates,the Consultant shall promptly deliver to the Town all
drawings,computer programs,computer input and output,analysis,plans,
photographic images,tests,maps,surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION:Without terminating or breaching this Contract,the Town may,at its
pleasure,suspend fee services of the Consultant hereunder.Town may effect suspension by
giving the Consultant written notice one (1)day in advance of the suspension date.Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible,to
keep total charges to a minimum.The Town must specifically authorize any work performed
during suspension.Since suspension and subsequent reactivation may inconvenience the
Consultant,Town will endeavor to provide advance notice and minimize its use.After a
suspension has been in effect for thirty days,the Consultant may terminate this Contract at
will.
2$ASSIGNMENT AND DELEGATION:Except as stated,neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING:Except subconsultant clearly identified and accepted in the
Contractor’s Proposal,Consultant may employ subconsultants to perform the Services only
with Town’s express prior written approval.Consultant is solely responsible for any
compensation,insurance,and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE:The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract.Venue and jurisdiction for any court action
flIed regarding this agreement shall be only in Larimer Cotmty,Colorado.
3 1 AUTHORITY:This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant.By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION:There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 EMPLOYEES,CONTRACTORS AND SUBCONTRACTORS:Contractor shall not
knowingly employ or contract with a worker without authorization to perform work under
this Contract.Contractor shall not knowingly contract with a subcontractor that (a)
knowingly employs or contracts with a worker without authorization to perform work under
this Contract or (b)fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with a worker without authorization to perform work under
this Contract.
34 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION:Contractor
has confirmed the employment eligibility of all employees newly hired for employment to
Town of Lste.c Park Pro/’ssionat Ser’ices Contract —-Page 10 of 13
perfomi work under this Contract through participation in either the E-verify program
administered jointly by the United States Department of Homeland Security and the Social
Security Administration or the employment verification program of the Colorado
Department of Labor &Employment.
35 LIMITATION REGARDING E-VERIFY PROGRAM:Contractor shall not use either E
verify or Colorado Department of Labor &Employment program procedures to undertake
pre-employment screening ofjob applicants while performing this Contract.
36 DUTY TO TERMINATE A SUBCONTRACT:EXCEPTIONS:If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with a worker without authorization,the Contractor shall,unless the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with a worker without authorization:
a)notify the subcontractor and the Town within three (3)days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with a worker
without authorization;and
b)terminate the subcontract with the subcontractor if,within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with a worker without authorization,the subcontractor does not stop
employing or contracting with the worker without authorization.
37 DUTY TO COMPLY WITH STATE INVESTIGATION:Contractor shalt comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course ofan investigation pursuant to C.R.S.8-17.5-102 (5).
38 DAMAGES FOR BREACH OF CONTRACT:In addition to any other legal or equitable
remedy the Town may be entitled to fbr a breach of this Contract,lithe Town terminates
this Contract,in whole or in part,due to Contractor’s breach of any provision of this
Contract,Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Toin of Estes Park Pro/ssio,ia1 Services Contract --Page II of!3
CONSULTANT
5;y-ZZ7—
Date
State Of
County of
ss
The foregoing instrument was acknowledged before me by J(njS LUfJ,t-j,a
memher’inanager/partperllimited partner/agent (select one)on
behalfofiJt4-’r,ij fr-S a Colorado limited liability company,this 2’f day of
Title:
2022.
id and oflici Seal.
F Donna M.younger
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID#20014022626
MY COMMISSION EXPIRES 0712812025 I
Trnvn of Estes Park Profrssional Services Contract --Page 12 f 13
012 ESTES P
Title.
Date
State of )
ss
Countyof LI4A_€
The foregoing instrument was acknowledged beibre me by IO4tt tC’_’t&k,as
i&*n Town of Estes Park,a Colorado municipal corporation,on
hehaliot’the corporation,this 2t day of ,2022.
Witness my hand and official Seal.
My Commission expires tO ti
KIMBERLYIY PUBLIC
State of Colorado
1 Notaty ID#20174043232 K
1M!GornnsSkfl ExpIres 10/17/20251
APPROVED AS TO FORM:
Town Attorney
ru,,tøfIste Park t’iof’sxiunaI Sen’kcw Cmzt,act ——Page /3 afI3
Exhibit A:Consultant’s Proposal
7 RGAND ASSOCIATES,LLC
Del Norte Wheat Ridge
May 17,2022
iacqui Wesley,Project Coordinator
Estes Park,CO 80517
RE:Town of Estes Park
2023 Water Main Replacement —Bureau of Reclamation Area
Dear Jacqui:
RG and Associates,LLC fRGA)is pleased to present this proposal for the above-referenced project.
This proposal lists our Scope of Work,Fee,Deliverables,and Additional Work Tasks.
SCOPE OF WORK
The proposed scope of work is to complete the design,obtain plan approval and provide bidding
services for the.The project includes the replacement of approximately 2,500 lineal feet of the
following pipe replacements:
800 LF —Second Street from South Saint Vram Avenue to North Saint Vram Avenue
1000 LF —Third Street from South Saint Vram Avenue to North Saint Vram Avenue
500 LF —South Court from 3td
Street to
4th
Street
500 LF —North Court from
3u
Street to 4”Street
800 LF —North Saint Vram Avenue from 2’Street to 4th
Street
This project will include obtaining a design survey,potholes,geotechnical investigation,providing
preliminary and final designs for a waterline realignment,providing contract documents,and
processing the plans thru Estes Valley Fire Protection District.
The Town of Estes Park will be responsible for all CDOT permitting,advertising,printing contract
documents and coordination with residents on water line service alignment from the ROW line to
the residence.
FEE
Task #1 —Design Survey/Geotech $25,955
Task #2 —Preliminary and Final Design $27,585
Task #3 —Bidding Services $5,745
TOTAL $59,285
DELIVERABLES
The project deliverables shall consist of the following:
1.RGA will submit plans and contract documents to Estes Park and Estes Valley Fire
Protection District for comments.RGA will revise plans,specifications,and contract
documents in accordance with review agency comments within three weeks of receipt of
said comments.
2.RGA will submit revised plans and contract documents for final review and acceptance.
4885Ward Road,Suite 100.Wheat Ridge,CO80033
www.rgengineers.com 303-293-8107
Jacqui Wesley
May 17,2022
Page 2
3.RGA will advertise for bids at the request of the Town.
4.RGA will respond to bidder inquiries,prepare any necessary addenda,and coordinate the
bid opening with Town representatives.RGA will submit bid tabulations and a
recommendation of award to the Town within 72 hours of bid opening.
5.Upon acceptance of a bid by the Town, Town shall prepare four sets of contract
documents for execution and obtain all necessary signatures and documentation.One 5et
of contract documents may be retained by RGA,one set by the contractor and two sets by
the Town.
6.At the completion of the project RGA will provide the design in AutoCAD and contract
documents in digital format.
ADDITIONAL WORK TASKS
Additional work tasks can be completed on a lime and Materials basis using the attached Hourly
Rate Schedule.
Invoices will be sent monthly for time expended.Accounts will be due and payable within thirty
30)days after date of invoice.Whenever the account is more than thirty (30)days delinquent,
RGA may suspend any further work called for until such account is made current.The fact that
RGA may continue to work beyond the time during which it may be suspended,shall not be
deemed to be a waiver of its rights hereunder.This Agreement may be terminated by the client
at any time.
If the foregoing is satisfactory to you,please sign both copies of this letter and return one (1)for
our files.RGA looks forward to continuing a professional relationship with the Town of Estes
Park.
Sincerely,
RG AND SOCIATES,-
mes R.Landry,.E.,CWP
Chief Operating Officer
R:\0000\8030\Proposals\Estes Park\2023 -Water Main Replacement Project -Burea of Reclamation Area\2023 Water Main Replacements -Bureau of
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Date: 1-11-2023 Effective Date:1-13-2023
Contractor: RG & Associates Change Order No. 1
Project: Reclamation Neighborhood
Infrastructure
Contract Name: Engineering Services for Final Design of Water
Main Relocation in the Bureau of Reclamation Neighborhood
The Contract is modified as follows upon execution of this Change Order:
Description: add new water lines along 1st Street to the scope
Attachments:
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES where applicable list Milestones
Original Contract Price: $ Original Contract Times:
Substantial Completion: N/A
59,285 Ready for Final Payment: see proposal
Increase] [Decrease] from previously approved Change
Orders No. 1 to No. 1 :
Increase] [Decrease] from previously approved Change
Orders No. N/A to No. 1 :
Substantial Completion: N/A
9,110 Ready for Final Payment: see proposal
Contract Price prior to this Change Order: Contract Dates prior to this Change Order:
Substantial Completion: N/A
59,285 Ready for Final Payment: see proposal
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: N/A
68,395 Ready for Final Payment: see proposal
days or dates
RECOMMENDED: ACCEPTED: ACCEPTED:
By: N/A By: Town Administrator By: See attached Scope
Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)
Title: N/A Title See attached Memo Title
Date: N/A Date 1-13-2023 Date 12-5-2022
ATTACHMENT 2
To:Travis Machalek, Town Administrator
From:Reuben Bergsten, Utilities Director
Jacqueline Wesley, P.E., Project Manager
Date:January 11, 2023
Subject:Change order to increase PO# 038684, Project WTBRP4,
In May 2022, RG and Associates (RG) was retained by the Town to complete the design of
the Reclamation Neighborhood water system improvements for $59,285. The original
scope of work excluded 1st Street. We subsequently requested they add to their scope new
water lines along 1st Street. RG has provided the attached amendment in the amount of
9,110 which is consistent with the cost per foot of their original contract.
We are requesting your approval of the amendment to finalize the design along 1st Street
inclusive of additional survey. This amendment brings their total value to $68,395.
We are also requesting a contingency of 5% ($3,420) to cover miscellaneous items. The
new PO amount will be $71,815.
Your signature below and on the attached change order, will allow us to revise the PO. This
memo will be filed this with Finance’s PO records.
Approved ___________________________
Town Administrator Machalek
PLEASE NOTE:
We are coordinating with Public Works to see if we can limit neighborhood disruption by
combining street improvements after the water main construction.hasGregMuhonen
asked for a quote from RG to do the design work.
01/13/2023
13
January 2023
Date: 2-28-2023 Effective Date: 6-14-2023
Contractor: RG & Associates Change Order No. 2
Project: Reclamation Neighborhood
Infrastructure
Contract Name: Engineering Services for Final Design of Water
Main Relocation in the Bureau of Reclamation Neighborhood
The Contract is modified as follows upon execution of this Change Order:
Description: add the design of roadways and sidewalk improvements to the scope of work as described in the attached
proposal from RG & Associates titled “Town of Estes Park 2023 Roadway Improvements – Bureau of Reclamation Area
Neighborhood” dated February 28, 2023.
Attachments:
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES where applicable list Milestones
Original Contract Price: $ Original Contract Times:
Substantial Completion: N/A
$ 59,285 Ready for Final Payment: see proposal
[Increase] [Decrease] from previously approved Change
Orders No. 1 to No. 12 :
[Increase] [Decrease] from previously approved Change
Orders No. N/A to No. 1 :
Substantial Completion: N/A
$ 91,593 Ready for Final Payment: see proposal
Contract Price prior to this Change Order: Contract Dates prior to this Change Order:
Substantial Completion: N/A
$ 68,395 Ready for Final Payment: see proposal
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: - N/A
$ 159,988 Ready for Final Payment: see proposal
days or dates
RECOMMENDED: ACCEPTED: ACCEPTED:
By: N/A By: By: See attached Scope
Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)
Title: N/A Title
:
Title
:
Date: N/A Date
:
Date
:
2-28-2023
ATTACHMENT 3
February 28, 2023
Gregory P. Muhonen, Public Works Director
170 MacGregor Avenue
Estes Park, CO 80517
RE: Town of Estes Park
2023 Roadway Improvements – Bureau of Reclamation Area Neighborhood
Dear Gregory:
RG and Associates, LLC (RGA) is pleased to present this proposal for the above-referenced project.
This proposal lists our Scope of Work, Fee, Deliverables, and Additional Work Tasks.
SCOPE OF WORK
The proposed scope of work is to provide the Town of Estes Park with conceptual design exhibits
and engineering support for public meetings, produce Preliminary and Final Roadway Plans, acquire
a CDOT Utility and Special Use Permit, and provide bidding services for the 2023 Roadway
Improvements Project in the Bureau of Reclamation Area Neighborhood. The project includes the
replacement of approximately 985 lineal feet of existing 4-foot wide sidewalk with an 8-foot wide
concrete trail, installation of a storm inlet and storm drain, approximately 2,800 lineal feet of
roadway (ROW widths ranging from 28 feet to 48 feet) improvements with the following
descriptions:
Roadway Improvements:
400 LF – First Street from South Saint Vrain Avenue to North Saint Vrain Avenue (48’ ROW)
700 LF – Second Street from South Saint Vrain Avenue to North Saint Vrain Avenue (38’ ROW)
900 LF – Third Street from South Saint Vrain Avenue to North Saint Vrain Avenue (38’ ROW)
400 LF – South Court from Third Street to Fourth Street (28’ ROW)
400 LF – North Court from Third Street to Fourth Street (28’ ROW)
Sidewalk Improvements:
985 LF – N Saint Vrain Ave. from 1st St. to 4th St.
The plans will be a combined set of Water and Roadway sheets. The Roadway Plans will include
Typical Sections, Roadway Plans for the above streets, Storm Plan and Profile, and Curb Return
Details.
Demolition Plans, Cross-Sections, Pothole Plans, Signing and Striping, advertising, and any reports
required by CDOT for clearances are not included in this proposal.
The fee below is a not-to-exceed fee. In the event unexpected work arises, RGA will contact the Town
to discuss the scope and proposed cost of additional work. RGA will not proceed without Town
approval.
Gregory Muhonen
February 28, 2023
Page 2
R:\0000\8030\Proposals\Estes Park\2023 Roadway Improvements - Bureau of Reclamation Area\2023 Street Improvements - Bureau of Reclamation
Area.docx
FEE
Task #1 – Meetings and Public Involvement $ 19,190
Task #2 –Preliminary and Final Design $ 61,836
Task #3 – Bidding Services $ 7,917
Task #4 – CDOT Utility and Special Use Permit $ 2,650
TOTAL $ 91,593
DELIVERABLES
The project deliverables shall consist of the following:
1. RGA will submit plans and Contract Documents to Estes Park Public Works for comments.
RGA will revise plans, specifications, and contract documents in accordance with Town
comments within three weeks of receipt of said comments.
2. RGA will submit revised plans and Contract Documents for final review and acceptance.
RGA will combine the water and roadway Contract Documents into one set of Bidding
Documents.
3. RGA will coordinate with CDOT to acquire the appropriate permits.
4. RGA will respond to bidder inquiries, prepare any necessary addenda, and coordinate the
bid opening with Town representatives. RGA will submit bid tabulations and a
recommendation of award to the Town within 72 hours of bid opening.
5. Upon acceptance of a bid by the Town, RGA will prepare four sets of Contract Documents
for execution and obtain all necessary signatures and documentation. One set of contract
documents may be retained by RGA, one set by the contractor and two sets by the Town.
6. At the completion of the project RGA will provide the design in AutoCAD and Contract
Documents in digital format.
ADDITIONAL WORK TASKS
Additional work tasks can be completed on a Time and Materials basis using the attached Hourly
Rate Schedule.
Invoices will be sent monthly for time expended. Accounts will be due and payable within thirty
(30) days after date of invoice. Whenever the account is more than thirty (30) days delinquent,
RGA may suspend any further work called for until such account is made current. The fact that
RGA may continue to work beyond the time during which it may be suspended, shall not be
deemed to be a waiver of its rights hereunder. This Agreement may be terminated by the client
at any time.
2/28/2023 2:05 PM
Task Descriptions Principal
Project
Manager
Design
Engineer CAD Tech Word Processor
Sub-
consultants
Direct
Expenses
Total Task
Hours Total Task Cost
$215 $190 $145 $130 $75 COST COST
Task #1 - MEETINGS AND PUBLIC INVOLVEMENT
Online Meetings and Coordination with Estes Park Staff - 3 meetings 1 6 6 13 2,225.00$
Exhibits for Conceptual Design - 1st and 2nd Street, North and South Court - 4 Options 1 4 4 24 33 4,675.00$
Public Meetings - 2 meetings - Present all Design Options 6 20 20 12 300.00$ 46 9,190$
Opinion of Probable Cost 1 2 4 3 7 1,400$
Meeting Agenda and Minutes 2 6 6 8 1,700$
Subtotal 61 19,190$
Task #2 - PRELIMINARY AND FINAL DESIGN
Site Visits - 1 visit 55 239.00$ 10 2,264$
Roadway Plans 20 40 60 100 192.00$ 220 33,792$
Erosion Control Plans 4 8 12 24 3,480$
Correspondence and online Bi-Weekly Meetings - 8 meetings 16 16 32 5,360$
Submit and address Town Questions and Comments 12 16 16 44 6,680$
Finalizing Cost Estimates 244 2 12 1,920$
Contract Documents - Bid Item Descriptions 12 12 24 48 8,340$
Subtotal 390 61,836$
TASK #3 - BIDDING SERVICES
Field Contractors Questions 4 4 760$
On line Pre-Bid Meeting/Meeting Minutes/Include in Addendum #1 4 4 3 8 1,565$
Bid Opening 4 4 172.00$ 8 1,512$
Evaluate Bids/Reference Calls/ Bid Opening/Bid Tabulation 1 4 4 4 13 1,855$
Recommend Project Award 122 5 885$
Coordinate with Town/Contractor/Assemble Contract Documents for Execution 4 4 8 1,340$
Subtotal 34 7,917$
TASK #4 - CDOT PERMITTING AND TRAFFIC CONTROL
Apply for and Submit Utility and Special Use Permit 2 6 2 8 1,400$
Verifying Clearances 26 8 1,250$
Subtotal 16 2,650$
Total Engineering Services 467 91,593$
2023 Roadway Improvements
Town of Estes Park
Rate Schedule $/HR
COST AND MANHOUR ESTIMATE BY TASK
R:\0000\8030\Proposals\Estes Park\2023 Roadway Improvements - Bureau of Reclamation Area\2023 Roadway Improvements - Bureau of Reclamation Area.xlsx 1
STANDARD RATE SCHEDULE 2023
RATE SCHEDULE FOR PROFESSIONAL SERVICES
LABOR CLASSIFICATION HOURLY BILLING RATE
Principal $215.00
ENGINEERING:
Senior Project Manager $205.00
Project Manager $190.00
Senior Project Engineer $170.00
Project Engineer $160.00
Senior Design Engineer $150.00
Design Engineer $145.00
Engineering Technician $115.00
PLANNING:
Project Manager $150.00
Senior Planner $120.00
Planner $110.00
Planner Technician $105.00
CONSTRUCTION ADMINISTRATION:
Senior Construction Manager $165.00
Certified Operator $165.00
Construction Manager $155.00
Senior Construction Observer $145.00
Construction Observer $135.00
TECHNICIANS:
Senior CADD Technician $140.00
CADD Technician $130.00
Graphics/GIS Specialist $115.00
Office Administrator $105.00
Administrative Assistant $85.00
Word Processor $75.00
DIRECT EXPENSES
Prints/Copies At Cost
Mileage Current IRS Rate
Travel Time At Cost
Sub-Consultants Cost + 10%
Airfare/Lodging/MI&E At Cost
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: June 13, 2023
RE: Resolution 54-23 Authorization to Bill Agreement with Larimer County for
Street Improvements on Town-Owned Roads, $150,000 - Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval of an Authorization to Bill agreement with
Larimer County so that contractors for Larimer County may perform asphalt overlay
improvements in 2023 on the Town-owned segments of certain County roads.
Present Situation:
On March 28, 2023, staff presented information regarding the Street Improvement
Program (STIP) during a Town Board Study Session. This included pavement condition
updates, planned work for 2023, and an overview of pavement work performed utilizing
the 1A Street Improvement Funds. The presentation mentioned that Larimer County will
be overlaying some of their Estes Park roads in 2023, and that Public Works desires to
have the Town-owned segments addressed at the same time, rather paved separately
by the Town This will also allow the Town to take advantage of cheaper unit costs
through the larger, county-wide contract.
Staff have prepared an Authorization to Bill agreement which is used to document the
upcoming scope of work and anticipated work quantities and costs. This agreement will
only be valid for the overlay work performed in 2023. The cost of the Town’s portion of
this project is estimated to be $130,000 to $150,000.
Proposal:
Public Works staff propose approval of the Authorization to Bill agreement with Larimer
County to complete asphalt overlay improvements on Town-owned road segments in
2023.
Advantages:
•This agreement delivers cost-effective street improvements on multiple roads in
Estes Park. It also prevents the Town-owned segments of certain County roads from
being skipped over when the County addresses their segments.
•The Town voters supported the 1A sales tax for street improvements and expect the
Town to repair and maintain roads with these funds.
•By utilizing the Larimer County contract, the Town benefits from cheaper unit costs
and does not need to pay for contractor mobilization and traffic control, resulting in
an anticipated cost savings of over $13,000.
Disadvantages:
•Road improvements will cause temporary disruptions of traffic in the proposed work
areas; however, work will be scheduled to minimize disruptions.
•Funds could be used for other street improvement purposes; however, this usage is
consistent with the approved 2024 STIP Program goals.
Action Recommended:
Public Works staff recommend approval of Resolution 54-23 and the associated
Authorization to Bill agreement with Larimer County. The estimated cost for the work is
$130,000. Public Works staff seek authorization to administratively approve an amount
not to exceed $150,000, depending on actual accrued costs for the work.
Finance/Resource Impact:
This project is funded from the Street Improvement Fund, which includes $600,000 for
overlay and patching work in the approved 2023 budget. The approved budget also
includes $220,000 for Parking Lot Rehabilitation, of which $70,000 will be utilized in the
2023 Overlay and Patching Program, and $150,000 will be allocated to the Visitor
Center Parking Lot project. The 2023 Overlay and Patching Program will utilize rollover
amounts of $108,000 and $105,000 remaining from the respective 2022 and 2021
Overlay and Patching contracts. The 2023 Overlay and Patching Program will address
Pine Knoll Drive and will therefore incorporate the $70,000 in this Fund earmarked for
Pine Knoll Drive Improvements. Lastly, staff proposes to spend $280,000 on chip and
crack seal work in 2023 and redirect the remaining $80,000 of the budgeted amount to
overlay and patching. This all results in an amended 2023 overlay and patching budget
of $1,033,000. The 2023 Overlay & Patching project with Martin Marietta is currently
contracted at $873,300, which leaves $159,700 available for other overlay and patching
work. Staff propose allocating $150,000 of this amount to the Larimer County overlay
work.
Level of Public Interest
Public interest is expected to be low.
Sample Motion:
I move for approval/denial of Resolution 54-23.
Attachments:
1. Resolution 54-23
2.Larimer County Authorization to Bill Agreement with Exhibits A & B
RESOLUTION 54-23
A RESOLUTION APPROVING AN AUTHORIZATION TO BILL AGREEMENT WITH
LARIMER COUNTY FOR STREET IMPROVEMENTS ON TOWN-OWNED ROADS
WHEREAS, Larimer County is undertaking asphalt overlay street improvement
work on county roads within Estes Park in 2023 using primarily contracted labor; and
WHEREAS, Larimer County has offered to address the Town-owned segments at
the same time, including Fish Creek Road and Marys Lake Road, which will save the
Town an estimated $13,000 as compared with using Town contractors; and
WHEREAS, Larimer County will bill the Town based on actual accrued costs for
the work performed; and
WHEREAS, the Town Board wishes to enter the agreement referenced in the title
of this resolution for the purpose of authorizing this arrangement.
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 authorization to bill
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
I, ____________________________________________ , hereby authorize Larimer County and their contractors
Name and Title
to complete the work described below:
2023 Estes Park Overlay
Larimer County will facilitate asphalt overlay street improvement work on Town-owned segments of Fish Creek
Road and Marys Lake Road in 2023. Contractors for Larimer County will perform the milling and overlay work,
roadside shouldering, and installation of preformed thermoplastic pavement markings. Larimer County Road and
Bridge Department will perform pavement striping using their in-house labor. Limits of the work and additional details
on the striping and thermoplastic work, as outlined in the Larimer County cost estimate spreadsheet, are shown in
the attached maps (Exhibits A & B).
This authorization is only for work performed in 2023. As discussed with Larimer County, all work shall be payable
only in 2023. Anticipated quantities and costs for the Town portion of the project are as follows:
Removal of Asphalt Mat (Planing) – 1,124 SY
Aggregate Base Course (Shouldering) – 212 TON
Hot Mix Asphalt – 1,006 TON
Preformed Thermoplastic Pavement Markings – 162 SF
Pavement Striping Paint – 32 GAL
Total cost estimate is $130, 000. Including project contingencies, work is authorized up to $150,000.
Please send invoice(s) to:
Town of Estes Park
Public Works Department – Attention: Trevor Wittwer
170 MacGregor Ave
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3724 / Email: twittwer@estes.org
ATTACHMENT 2
Each party shall remain responsible for its actions and those of its agents and contractors. The parties rely on, and
do not waive or intend to waive, the monetary limitations or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or
otherwise available to the parties, their officers, or their employees. The parties intend no third-party beneficiaries
under this authorization. Any person besides the Town or County receiving services or benefits under this
Agreement is an incidental beneficiary only. There are no other agreements on the same subject than expressly
stated or incorporated in this authorization.
In consideration for work contracted by Larimer County, I understand that the agency I represent will be billed for
actual labor, equipment, material, and other direct and indirect charges when work is complete. I further
understand that payment is due and payable upon receipt of invoice.
Mayor Date
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Marys Lake Rd
Fish Creek Rd- North
Fish Creek Rd- South
Exhibit A - Overview Prepared (5/24/2023)
TownofEstesParkPublicWorksDepartment
0 0.510.25
Miles
Legend
Town-Ow ned Segments
2023 Larimer County Overlay Program
Fis h C re ek R d- NorthFishCreekRd- North
Exhibit B - Details Prepared (5/24/2023)
TownofEstesParkPublicWorksDepartment
0 10020050Feet
Legend
Overlay Limits
Thermoplastic Markings
WhiteEdgeLineYellowSolid-Dash Centerline
Yell ow DblCenterlineWhiteChannelLine
2023 Larimer County Overlay Program
Fish Creek Rd- South
Exhibit B - Details Prepared (5/24/2023)
TownofEstesParkPublicWorksDepartment
0 5010025Feet
Legend
Overlay Limits
Thermoplastic Markings
WhiteEdgeLineYellowSolid-Dash Centerline
Yell ow DblCenterlineWhiteChannelLine
2023 Larimer County Overlay Program
Marys Lake Rd
Exhibit B - Details Prepared (5/24/2023)
TownofEstesParkPublicWorksDepartment
0 10020050Feet
Legend
Overlay Limits
Thermoplastic Markings
WhiteEdgeLineYellowSolid-Dash Centerline
Yell ow DblCenterlineWhiteChannelLine
2023 Larimer County Overlay Program
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, PE, Public Works Director
Date: June 13, 2023
RE: Resolution 55-23 Contract with Dietzler Construction Corporation for
Pedestrian Bridge Repair, $147,425.00 – Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT X RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval of a contract with Dietzler Construction
Corporation for the 2023 Pedestrian Bridge Repair Program. This contract is for the
deck replacement of six pedestrian bridges in the downtown area: three at George Hix
Riverside Plaza, one across Black Canyon Creek, one between the Visitor Center and
the parking structure, and one at Baldwin Park.
Present Situation:
The Town Board approved $100,000 for pedestrian bridge repair for 2022. Due to
staffing shortages in 2022, the funds were carried over for 2023. The six bridges in this
contract were identified by staff for deck replacement due to rotting boards and
insufficient structural support for snow removal equipment.
Proposal:
Public Works staff propose approving this contract for the 2023 Pedestrian Bridge
Repair Program.
Advantages:
• Redecking these six bridges will be a great start to improving the overall
condition of the Town’s pedestrian bridges.
Disadvantages:
• The cost is high at $147,425.00.
• Some pedestrian traffic will be disrupted during construction; however, the
disruption will be mitigated by pedestrian detours and easy alternative access
around each bridge.
Action Recommended:
Public Works staff recommend approval of the attached contract in the amount of
$147,425.00 to Dietzler Construction Corporation to redeck six pedestrian bridges.
Finance/Resource Impact:
101-5200-452.25-52, Parks Budget: Walkways/Bikeways - $100,000.00
101-5200-452.25-01, Parks Budget: Maintenance Contracts - $20,000.00
220-4600-462.25-01, Open Space Budget: Maintenance Contracts - $27,425.00
Level of Public Interest
Public interest is expected to be low.
Sample Motion:
I move for approval/denial of Resolution 55-23.
Attachments:
1. Resolution 55-23
2. 2023 Pedestrian Bridge Repair Contract
RESOLUTION 55-23
APPROVING A CONTRACT WITH DIETZLER CONSTRUCTION CORPORATION
FOR 2023 PEDESTRIAN BRIDGE REPAIR
WHEREAS, the Town Board wishes to enter a construction contract referenced in
the title of this resolution for pedestrian bridge repair.
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 maximum expenditure amount is $147,425.00 for this construction project.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 1
CONSTRUCTION CONTRACT
Pedestrian Bridge Repair Project
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 Dietzler Construction Corporation
Contractor), a Wyoming corporation, whose address is 100 Gateway Circle, Berthoud, CO
80513.
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 May 2, 2023 4;
4. The following Special Conditions of the Contract:
i. Document Page(s)
Special Conditions 2;
5. General Conditions;
6. The following Technical Specifications:
i. Document Title Page(s)
7. The following Drawings:
i. Number Title Date
8. Notice to Proceed;
9. Notice of Award;
ATTACHMENT 2
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 2
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 $147,425.00 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 work:
Select one]
within ______calendar days from and including the date of Notice to Proceed,
according to the General Conditions.
X by October 20, 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
500.00 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.
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 3
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
170 MacGregor Avenue
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
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 4
income tax on money earned pursuant to the Contract. This is not an exclusive contract.
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.)
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 5
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
Town of Estes Park Pedestrian Bridge Repair Project
Construction Contract
Page | 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
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: June 13, 2023
RE: Resolution 56-23 Intergovernmental Agreement with the Colorado
Department of Transportation for FY 2023 Federal Transit Administration
5311 Rural Area Formula Funds to Support Estes Transit – CDOT PO
491003171
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. This is the second of two Fiscal
Year (FY) 2023 awards from this federal funding source. The first award was approved
by the Town Board on May 9, 2023.
In December 2022, the Town was notified that Estes Transit would receive $70,000 in
FY 2023 FTA 5311 funding through two separate awards: FY 2023 “Baseline” (the
agreement approved on May 9) and FY 2023 “Expansion” (this agreement). 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.
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 56-23.
Finance/Resource Impact:
Current Impact: The Federal contribution is $35,000 (50%) with a required $35,000 local
match (50%) for a total award of $70,000 (100%). The local match, $35,000, 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 56-23.
Attachments:
1. Resolution 56-23 CDOT IGA FY 2023 FTA 5311 Expansion
2. LINK CDOT Subaward Agreement (provided to show agreement content; CDOT
has issued a Docusign form for approval signature)
RESOLUTION 56-23
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
Contract Number: 23-HTR-ZL-00122/491003171
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-00122 / 491003171
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 (50%)
Local Funds
Local Match Amount (50%)
Agreement Total
$35,000.00
$35,000.00
$70,000.00
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: FFF76F49-7F76-4C47-9B04-C2522344A91B
Contract Number: 23-HTR-ZL-00122/491003171
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:___ Mayor (or Designee)______
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
2nd Subrecipient Signature – Town Attorney
By:_______________________
Name:________________________
Title:___Town Attorney__________
Date: _________________________
3rd Subrecipient Signature – Town Clerk
By:_______________________
Name:________________________
Title:_______Town Clerk_________
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: FFF76F49-7F76-4C47-9B04-C2522344A91B
Dan Kramer
Contract Number: 23-HTR-ZL-00122/491003171
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: FFF76F49-7F76-4C47-9B04-C2522344A91B
Contract Number: 23-HTR-ZL-00122/491003171
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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: FFF76F49-7F76-4C47-9B04-C2522344A91B
Contract Number: 23-HTR-ZL-00122/491003171
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 atte mpts 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 Page s 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 subject 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: FFF76F49-7F76-4C47-9B04-C2522344A91B
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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, t hen 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, commonly 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 t he
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.
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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 days 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 commitments 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
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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 Work,
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 report 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 quar ter 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
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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 Service s (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 expir ation 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 agenc y 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 upon 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 o n
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.
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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 Confidential Information i n 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 destroyi ng 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 perform 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 shal l
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 any 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.
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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 employees 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
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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 Subrecipient 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 A ward,
then the State may, in its discretion or at the direction 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.
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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;
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(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 o n the Cover Page 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 performa nce of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
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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, subsections,
exhibits or other attachments contained herein or incorporated a s 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 a ccordance 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.
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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
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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 Colorado 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 Co ntroller or designee.
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 Act, §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 o r
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 ref erence
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.
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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 tangible 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 impro per 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 perfor m 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 re ceiving 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
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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 subdivision ma y
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.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2023 FTA 5311 Operating Expansion 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 UEID # 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 $70,000.00
Budget WBS** ALI Federal Funds Local Funds Total
Operating 22-11-4042.ESTE.600 30.09.01 50% $35,000.00 50% $35,000.00 $70,000.00
Total Project Amount Encumbered via this Subaward Agreement $70,000.00
*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 upon 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.
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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 $70,000.00. CDOT will pay no more than 50% of the eligible, actual
operating 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 (50%) for operating costs and matching Local Funds of $35,000.00 (50%) for
operating 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.
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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.
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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 advertise its fixed route and/or rural
based service as available to the general public and service will not be explicitly limited by trip
purpose or client type.
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 bene fits 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.
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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.
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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: __________________
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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;
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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;
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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 r equired 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 required under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
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are based on guidance from the US Office of Management and Budget (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
and shall become part of Contractor’s obligations under this Contract.
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 reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
7.2. 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.
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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 national policy requirements) through 200.309 (Pe riod 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 Subrecipient’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 shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit
Requirements.
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 Part, 1964 -
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Op portunity, 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
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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 contra cts
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.
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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 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
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 State at the end of the Award that the
project or activity was completed, or the level of effort was ex pended. 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.
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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 a nd 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 audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
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 the
Master Agreement.
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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 Requirement s 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:
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(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, regula tions, 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 th e 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.
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(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 expiration or termina tion 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
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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 disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) 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, gratuity, 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 receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the 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 t hat 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,
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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 Ser vices.
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 require ments 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 Nonconstruction
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.
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From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the 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 Standar ds 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 protective 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 Assi stance 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 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions as it deems appropriate.
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Section 28. Charter Service.
(a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 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 regulations, FTA
has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the 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.
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b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or indi vidual, 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, specifi cations, 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 subj ect 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 report of the Agreement that FTA may publi sh 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.
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(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the 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 wit h 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 violation under the preceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The 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
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(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
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.
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(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. 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 Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
(a) Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
(b) Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications.
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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 reimburs ement. 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.
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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: June 13, 2023
RE: Resolution 57-23 Grant Agreement with the Colorado Association of
Transit Agencies for 2023 Ozone Season Transit Grant Program Funds
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works (PW) staff seek Town Board approval of a grant agreement with the
Colorado Association of Transit Agencies (CASTA) for 2023 Ozone Season Transit
Grant (OSTG) Program Funds.
Present Situation:
On May 25, the Town was awarded $19,433.72 in 2023 OSTG program funds. The
OSTG program was created by the Colorado Energy Office, and the funds awarded to
the Town will be passed though CASTA. In line with one of the OSTG program’s stated
goals, the Town will used the grant funds to offer additional free transit service on the
Red Route (Downtown Trolley) for a minimum of 30 days during the 2023 ozone
season.
Proposal:
PW plans to use the 2023 OSTG program funds to offer two additional hours of daily,
free transit service on the Red Route from June 1 through August 31, 2023.
PW staff recommend approval of the grant agreement with CASTA as presented.
Advantages:
•Supports the Colorado Department of Energy’s 2023 ozone reduction efforts by
offering additional free transit service during the ozone season;
•Supplements the Town’s General Fund allocation for administration and
operation of Estes Transit in 2023.
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 57-23.
Finance/Resource Impact:
Current Impact: The State contribution, passed through CASTA, is $19,433.72 with no
($0) local match required. Pending approval of this grant agreement, PW staff would like
to transfer $19,433.72 of the original 2023 budget in 101-5600-456-22-60
(Transportation Fees) to 101-5600-456.26-15 (Exhibit/Display) to cover the cost of
transit vehicle wraps for the two electric trolley buses.
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 57-23.
Attachments:
1. Resolution 57-23 Grant Agreement with the Colorado Association of Transit
Agencies for 2023 Ozone Season Transit Grant Program Funds
2.LINK 2023 OSTG Grant Award Letter
RESOLUTION 57-23
APPROVING A GRANT AGREEMENT WITH THE COLORADO ASSOCIATION OF
TRANSIT AGENCIES FOR 2023 OZONE SEASON TRANSIT GRANT PROGRAM
FUNDS
WHEREAS, the Town Board desired to enter the agreement referenced in the
title of this resolution for the purpose of accepting State of Colorado Department of
Energy 2023 Ozone Season Transit Grant Program Funds;
WHEREAS, the program funds are passed through the Colorado Association of
Transit Agencies; and
WHEREAS, the program funds will be used to offer two hours of expanded free
daily transit service hours on the Town’s Red Route during the ozone season of June 1
through August 31, 2023.
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 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
Ozone Season Transit Grant Award Letter and Agreement
May 25, 2023
Vanessa Solesbee
170 MacGregor Avenue
P.O.Box 1200
Estes Park,CO 80517
Grant Number:OSTG2023-09
Dear Vanessa,
Congratulations,Town of Estes Park,Estes Transit,hereafter known as subgrantee,has been
awarded a grant through the Ozone Season Transit Grant Program in the amount of $19,433.72 to
be used toward providing Free Transit during Ozone Season.The Grantee is providing $0.00 in
matching funds for the project.
This Award Letter and Agreement,hereafter known as Agreement,outlines the terms and
conditions of accepting the grant.Please read the Agreement carefully,sign,and return no later than
May 30th,2023.
Upon signing this Agreement,Grantee agrees to the following terms:
●Subgrantee will notify CASTA if there is any change in your ability to execute the terms of the
grant;
●Subgrantee attests that it is committed to providing the new or expanded free services for at
least thirty (30)days during the ozone season for the period of June 1,2023 to August 31,2023.
●Subgrantee will be held to the policies and procedure set forth in the 5.7 OZONE SEASON
TRANSIT GRANT PROGRAM
●Grantee will utilize the grant funds for the purposes submitted in the grant application
(attached)and only for activities that meet the Eligible Use of Grants Section 2 of CASTA
Operating Procedure 5.7 OZONE SEASON TRANSIT GRANT PROGRAM and Colorado Revised
Statutes Section 24-38.5-113 Ozone season transit grant program.
Congratulations again on receiving this grant.We look forward to working with you during this
Ozone Season.
Sincerely,
Authorized Signature of Grantor:__________________________________________________________
CASTA Executive Director
Date:5/25/2023
Authorized Signature of Grantee:__________________________________________________________
Agency Official
Date__________________
Attachments:
●Operating Procedure 5.7 OZONE SEASON TRANSIT GRANT PROGRAM
●Subgrantee Reimbursement Uniform Guidance
●Subgrantee Application
TOWN OF ESTES PARK
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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Number: 5.7 Subject: OZONE SEASON TRANSIT GRANT PROGRAM
Effective Date: 7/18/2022
Revised Date: 4/7/2023
PURPOSE
This operating procedure provides CASTA staff and program stakeholders, such as grant applicants,
grantors, and other interested parties information on the OZONE SEASON TRANSIT GRANT
PROGRAM. It includes policies and procedures detailing the process and deadlines for an eligible
transit agency to apply for and receive a grant, the information and documentation required for the
application, reporting requirements and deadlines, and additional requirements necessary for
CASTA to administer the grant.
The Ozone Season Transit Grant Program was created in the Colorado Energy Office. The purposes
of the program are: (a) to provide grants to transit associations for the purpose of providing grants
to eligible transit agencies in order to offer free transit services for a minimum of thirty days during
ozone season; and (b) to provide grants to the regional transportation district for the purpose of
providing free transportation services for a minimum of thirty (30) days during ozone season ( CRS
24-38.5-113 (2) ).
COMPLIANCE
This operating procedure applies to all CASTA Staff and OZONE SEASON TRANSIT GRANT
PROGRAM applicants and grantees and comply with applicable State and Federal laws and
regulations, CASTA Board of Directors directives and operating procedures, specifically the Colorado
Revised Statutes 24-38.5-113 Ozone season transit grant program so added by SENATE BILL
22-180 and the Colorado Energy Office-CASTA Grant Agreement .
DEFINITIONS
1. "Eligible Transit Agency" means an entity that is ( CRS 24-38.5-113 (a) ) eligible to receive
money under a grant authorized by 49 u.s.c. sec. 5307 or 49 u.s.c. sec. 5311.
2. "Fund" means the ozone season transit grant program fund established in subsection (8) of this
section CRS 24-38.5-113 (b) .
3. "CEO" means the Colorado Energy Office created in section 24-38.5-101 CRS 24-38.5-113 (c) .
4. “New Free Transit Service '' includes service that provides additional free routes created for
the program, as well as previously operating routes made free for the duration of the program.
5. “Expanded Free Transit Service” means service that provides increased frequency or
additional stops on an already free route for the duration of the program.
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6. "Ozone Season" means the period from June 1 to August 31 of a calendar year ; EXCEPT THAT,
IF AN ELIGIBLE TRANSIT AGENCY OPERATES IN AN AREA IN WHICH OZONE LEVELS ARE
TYPICALLY HIGHEST DURING DIFFERENT PERIOD OF A CALENDAR YEAR AND THE ELIGIBLE
TRANSIT AGENCY IDENTIFIES THE DIFFERENT PERIOD IN A GRANT APPLICATION
SUBMITTED TO CASTA IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION,
"OZONE SEASON" MEANS, FOR THAT ELIGIBLE TRANSIT AGENCY, THE DIFFERENT PERIOD
IDENTIFIED IN THE GRANT APPLICATION CRS 24-38.5-113 (d) .
7. "Program” means the ozone season transit grant program created in subsection (2) of this
section CRS 24-38.5-113 (e) .
8. "Transit Association" means a colorado nonprofit corporation formed to represent transit
interests in colorado whose membership includes transit agencies, transit-related businesses,
and governmental entities CRS 24-38.5-113 (g) . CASTA is the only organization that meets this
definition.
9. “OSTG” means Ozone Season Transit Grant
10. “CASTA” means the Colorado Association of Transit Agencies
POLICIES & PROCEDURES
1) Grant Program Development
a) CASTA will work with the CEO to apply for a grant through the Program each year available
to administer the Program as the Transit Association.
b) CASTA shall develop program guidance for an open and competitive grant process for
transit agencies interested in applying for OSTG funding, including guidelines for
publicizing the program policies CEO-CASTA II Task 1.1 .
c) CASTA may use the grant funding to establish a grant program for eligible transit agencies
in accordance with this section.
i) CASTA may use a portion of the grant money to pay its direct and indirect costs in
administering the grant program INCLUDING REASONABLE COSTS TO MARKET
THE PROGRAM TO ELIGIBLE TRANSIT AGENCIES CRS 24-38.5-113 (5)(I)
ii) Direct costs may include a Public Information campaign, advertisement, hiring and
other expenses needed to administer the grant program ( CRS 24-38.5-113 (5)(I) ).
iii) Indirect costs may include staff salaries and other expenses needed to administer
the grant program. CRS 24-38.5-113 (5)(I)
d) CASTA shall develop and publicize policies for the grant on a Program-dedicated webpage
on its website that includes ( CEO-CASTA II Task 1.2 )
i) the process and deadlines for an eligible transit agency to apply for and receive a
grant,
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ii) the information INCLUDING NOTICE THAT THE ELIGIBLE TRANSIT AGENCY MUST
IDENTIFY ANY PERIOD OTHER THAN JUNE 1 TO AUGUST 31 OF A CALENDAR
YEAR FOR ITS OZONE SEASON IN THE APPLICATION
iii) and documentation required for the application,
iv) reporting requirements and deadlines, and
v) any additional requirements necessary to administer the grant ( CRS 24-38.5-113
(5)(VII) ).
e) CASTA will develop uniform guidance for subgrantees to ensure each agency submits
consistent information.
i) The program guidance will outline:
(1) Acceptable forms of backup documentation
(2) Recommended approaches for farebox recovery calculation
(3) Templates for subgrantee reimbursement forms
(4) Process for reviewing and managing subgrantee reimbursements: reviewing
for accuracy, ensuring descriptions are understandable and accurately
describe expenses and farebox recovery, reconciling expenses
ii) The program guidance will be made available on the program webpage and
subgrantee reimbursement form.
2) Grant Application Administration
a) Agency Grantee Eligibility
i) An entity that is a regional service authority providing surface transportation
pursuant to Part 1 of Article 7 of Title 32, a regional transportation authority
created pursuant to Part 6 of Article 4 of Title 43, or any other political subdivision
of the state, public entity, or nonprofit corporation providing mass transportation
to the general public other than the regional transportation district [ CRS
24-38.5-113 (a)(I) ); and
ii) Transit agencies operating in the state of Colorado that are eligible to receive
money under a grant authorized by 49 u.s.c. sec. 5307 or 49 u.s.c. sec. 5311 are
eligible to apply for a grant through the Ozone Season Transit Grant Program CRS
24-38.5-113 (a)(II) .
b) TRANSIT AGENCY USE OF GRANT FUNDS CRS 24-38.5-114 (5) (II-IV)
i) An eligible transit agency that receives a grant through the transit association may
use the money to cover the costs associated with providing new or expanded free
transit services within its service area during ozone season, including offering
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additional FREE SERVICES OR free routes or expanding INCREASING THE
FREQUENCY OF service on routes for which the eligible transit agency currently
offers free service.
ii) Grant money may be used to replace farebox revenue and to pay for other expenses
necessary to implement the program, including reasonable marketing expenses
incurred to raise awareness of free service and increase ridership and expenses
associated with an increase in ridership as a result of the program.
iii) An eligible transit agency shall not use grant money to offset or replace funding for
free transit services that the eligible transit agency offers as of January 1 of the
funding year; EXCEPT THAT AN ELIGIBLE TRANSIT AGENCY MAY USE GRANT
MONEY THAT WAS NOT EXPENDED IN THE YEAR IN WHICH IT WAS RECEIVED OR
GRANT MONEY FROM A GRANT AWARDED FOR A SUBSEQUENT YEAR TO
CONTINUE FUNDING FOR ANY SUCH FREE TRANSIT SERVICES THAT WERE
PREVIOUSLY FUNDED WITH GRANT MONEY.
c) Subgrantee Application ( CEO-CASTA II 2.1 )
i) CASTA will conduct a webinar when the application opens for potential applicants
and then again later in the application process CEO-CASTA II 2.2 .
(1) The webinar shall be recorded and posted on the program web page.
(2) In this webinar, CASTA shall provide information about the program, the
grant application, documentation required to submit, and what to expect
during the application process.
ii) CASTA will develop an application for prospective agency grantees to submit. The
application will require that eligible transit agencies submit in their application at
least the following information:
(1) The free transit services that will be NEWLY provided or expanded with the
grant funds, including the services, routes, dates, and times the free transit
services will be offered.
(2) About their organization and key personnel.
(3) To what extent the eligible transit agency will match the grant funds with
other funds.
(4) A commitment to providing the new or expanded free services for at least 30
days during the ozone season, and what period the agency proposes to offer
new or expanded free transit services.
(5) IF AN ELIGIBLE TRANSIT AGENCY OPERATES IN AN AREA IN WHICH
OZONE LEVELS ARE TYPICALLY HIGHEST DURING A DIFFERENT PERIOD
OF A CALENDAR YEAR THAN JUNE THROUGH AUGUST AND THE ELIGIBLE
TRANSIT AGENCY IDENTIFIES THE DIFFERENT PERIOD IN A GRANT
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APPLICATION SUBMITTED TO CASTA, THE AGENCY WILL COMMIT TO
Providing the new or expanded free services for at least 30 days during
THAT PERIOD.
(6) Documentation that shows which transit services proposed to be made free
using the grant funds were not already offered for free as of January 1 of the
funding year.
(7) Documentation may include, for example, approved and posted fare
information.
(8) An explanation of what documentation the transit agency plans to provide to
support eligible costs.
(9) An explanation of how the agency will use the grant funds to achieve the
program goals of reducing ozone formation, increasing ridership on transit,
and reducing vehicle miles traveled in the state.
(10) Area served, including whether or not services are provided in the Denver
Metro/North Front Range Nonattainment Area.
(11) Ridership and fare revenue data for 2019, 2020, and 2021 and 2022 for the
services the transit agency proposes to make free during the program term.
(12) A proposed budget, including total estimated cost and line items for the
projected farebox revenue replacement, estimated cost to provide new free
transit service, estimated cost to provide expanded free transit services
(expanding service on routes for which the eligible transit agency currently
offers free service), and other eligible expenses necessary to implement the
program. Applicants should include assumptions made in determining the
proposed budget, including what data projected farebox replacement
revenue is based upon. For other expenses necessary, agencies should detail
what those expenses are and how they contribute to achieving the goals of
the program.
iii) To apply for a grant, applicants shall submit a completed Subgrantee Application
form through the Program web page on the CASTA website and attend an
application webinar.
iv) Application deadlines will be posted and maintained on the Program web page on
the CASTA website.
d) Application Review
i) CASTA will work with the Ozone Season Transit Grant (OSTG) Workgroup to
develop a rubric to evaluate applications for grant funding from eligible transit
agencies.
ii) In awarding grants, CASTA shall CEO-CASTA II 2.3 :
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(1) allocate money among applicants with the goals of reducing ozone
formation, increasing ridership on transit, and reducing vehicle miles
traveled in the state ( CRS 24-38.5-113 (5)(v)(a) ); and
(2) consider the extent to which the applicant will match grant money with
other money ( CRS 24-38.5-113 (5)(v)(a) ).
(3) consult the Program Budget to ensure that funds are allocated appropriately.
iii) Award Process
(1) CASTA staff will use the approved rubric for an initial review of the
application to ensure that deficiencies do not exist in the application. If
deficiencies exist, CASTA staff will work with the applicant to correct the
deficiencies.
(2) Initial Review of applications will be conducted by a staff person or
consultant utilizing the Application Processing Guidance .
(3) CASTA staff will forward review applications to the OSTG Workgroup to
review on a rolling basis.
(4) Grant applications will receive final approval from the OSTG Workgroup.
Approval by the OSTG workgroup must be unanimous. If approval is not
unanimous, CASTA staff will work with the OSTG Workgroup to correct the
application and resubmit for approval.
(5) Applicants may or may not receive their fully requested amount.
e) Grant Awards
i) OSTG Workgroup
(1) Composition - members of the group will include Colorado transit
professionals with agency and/or grant experience.
(2) Responsibilities
(a) General support and direction to program staff
(b) Support the development and upkeep of the program deliverables.
(c) Review grant applications
(d) Provide final approval for grant awards
ii) CASTA staff will provide an Award Letter and Agreement to Agency Grantees upon
approval of the application by the OSTG Workgroup. The Agency Grantee will
return a signed copy of the Award Letter and Agreement to CASTA within 10 days of
receiving the agreement CEO-CASTA II 2.4 .
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iii) The Award Letter and Agreement will require that subgrantees agree to
(1) commit to providing the new or expanded free services for at least 30 days
during the ozone season, and what period the agency proposes to offer new
or expanded free transit services.
(2) Only use the money to
(a) cover the costs associated with providing new or expanded free
transit services within its service area during ozone season including
offering additional free routes or expanding service on routes for
which the eligible transit agency currently offers free service ( CRS
24-38.5-113 (5)(iii) ).
(i) Capitalized expenses associated with providing new or
expanded free transit services may not be reimbursed
and will be assessed on a case by case basis.
(b) to replace farebox revenue and to pay for other expenses necessary
to implement the program, including expenses associated with an
increase in ridership as a result of the program ( CRS 24-38.5-113
(5)(iii) ).
(c) to offset or replace funding for free transit services that the eligible
transit agency offered as of January 1 of the grant year. CRS
24-38.5-113 (5)(iv)
(3) At a minimum, t T he letter shall include THE APPLICATION SUBMITTED BY
THE TRANSIT AGENCY, program requirements and policies, the award
amount, and the match amount (if there is one)
3) Program Reporting and Reimbursement
a) Each eligible transit agency that receives a grant shall report on the use of the money to the
CASTA in accordance with policies established by CASTA and CEO ( CRS 24-38.5-113
(5)(IV) ) using the Subgrantee Reimbursement Form found on CASTA’s Ozone Season
Transit Grants Program website.
b) Subgrantees Grant Agencies will complete only one the Subgrantee Reimbursement Form
upon completion of their program period. CEO-CASTA II 3.1 .
i) Subgrantees participating during the standard ozone season between June and
August will complete the Subgrantee Reimbursement form by October 6th, 2023
CEO-CASTA II 3.1 .
ii) Subgrantees participating during the ozone season established in their application
will complete the Subgrantee Reimbursement form within 45 days of the
completion of their program period.
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iii) The Subgrantee Reimbursement Form will include, at a minimum, information on:
(1) how the grant money was spent ( CRS 24-38.5-113 (5)(iv) );
(2) the free services that were offered using the grant money;
(3) The report may include additional information, including a narrative
analysis, to provide context on the ridership data included in the report.
(4) estimates of the change in ridership during the period that free services
were offered compared to previous months, the same month in previous
years, and the months after the program concluded. CRS 24-38.5-113 (5)(iv)
(5) a narrative analysis that provides context on the ridership data included in
the report
(6) an opportunity for agencies to share stories of rider experiences related to
the new or expanded free transit provided by the agency.
(7) How many days were free transit services offered? What was the time
period?
(8) List and description of acceptable reimbursement documentation for
subgrantees to include Table/ spreadsheet template for subgrantee expenses
and reimbursement calculationFor OSTG 2023, CASTA will update the
subgrantee reimbursement form from the previous year.
iv) CASTA shall conduct a webinar for subgrantees on program reporting requirements
for each program year. CEO-CASTA II 3.2 .
v) CASTA will develop a checklist to complete and submit with each subgrantee
reimbursement from. The checklist should include, at a minimum:
(1) Overview of the subgrantee request
(2) Summary of ridership for the program period
(3) Did subgrantee include backup documentation? [y/n]
(4) What is the amount the subgrantee is seeking in reimbursement?
(5) Description of how the subgrantee calculated farebox recovery.
(6) Does the amount the subgrantee is seeking in reimbursement match the
amount the subgrantee requested in their application? If it differs, why and
how?
(7) Do receipts and spreadsheet/ table match the reimbursement request? If
not, is there an explanation? And if not, did CASTA work with subgrantee to
reconcile the reimbursement form prior to submission to CEO?
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c) Transit Association Report
i) The Program Manager will compile the Ozone Season Transit Grantee Agency
Reimbursement Request Forms into the CASTA shall submit a final report, the
Ozone Season Transit Grantee Agency Summary Report, and submit a draft for
review by the Program Director and Executive Director. CEO-CASTA II 3.3
(1) The report shall compile and summarize the reported information for all
eligible transit agencies that received a grant through CASTA.
(2) The report shall also include a summary of lessons learned, including any
unanticipated benefits and challenges, and a discussion on what, if any,
changes could be made in the year two program to increase ridership or the
rider experience.
ii) CASTA shall submit a draft Transit Association Report to CEO for review by
November 15, 2022
iii) On or before December 1 of each year of the grant program, CASTA will submit a
final report, the Ozone Season Transit Grantee Agency Summary Report, to the CEO.
CRS 24-38.5-113 (5)(iv) .
4) Project Communications and Strategic Partnerships
a) CASTA will work with key transit professionals, partners and stakeholders for the purpose
of developing a public awareness campaign and marketing tool kits for transit agencies to
use to get the word out about fare free transit. CEO-CASTA II 4.1
b) CASTA will contract with a marketing firm to develop a statewide marketing and public
awareness campaign that includes a toolkit for agencies to use. Interested marketing firms
must provide a scope of work prior to signing a contract for services. CEO-CASTA II 4.2
c) The marketing firm CASTA engages will put together a tool kit with targeted messages for
rural agencies. They will work with the recently released RTD Zero Fare tool kit to ensure
that all the materials around the state are in the same family using the same fonts, many of
the same images, and the same color family. The tool kit will include but is not limited to
the following:
i) Print materials suitable for hanging in partner entities like libraries, local
businesses, and senior centers.
ii) Print materials suitable for printing to post on bus stop windows, kiosks, on the
inside and outside of vehicles and other transit-owned infrastructure.
iii) Social media posts with various messages.
iv) Produce one to two radio spots and then contract for paid placement on
appropriate radio stations outside the Denver Metro area.
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v) Access to the various images and fonts so that transit agencies and their partners
can personalize the materials.
vi) All materials will be able to be branded with the local agency’s logo
vii) All print materials will be provided in Spanish, we will work with individual
agencies if they need access to materials in other languages.
d) Ozone Season Public Awareness Campaign Group
i) Composition - members of the group may include transit professionals and
stakeholders from the following locations:
(1) DRCOG
(2) PPACG
(3) NWCCOG
(4) Grand Junction
(5) Rural - Southeast
(6) Rural - Southwest
(7) Rural - Northeast
(8) Rural - Northwest
ii) Role - To support the Program by providing input and direction for a statewide
public information campaign to increase ridership by promoting free transit during
Ozone Season and increasing awareness of and access to transit.
e) CASTA will also develop a website-based app that will allow transit riders from around the
state to track their rides resulting in individualized tracking of how many trips they’ve
taken, the amount of CO2 they have saved, and how much money they have saved on gas.
CASTA will provide a running tally of these totals for all participants on a dashboard on our
website. We plan to entice participants by entering them into a raffle with some prizes
given at the end of the month.
5) Project Management and Administration
a) CASTA shall submit monthly progress reports to the CEO summarizing work accomplished
to date including project status, description of the deliverables and tasks completed during
the reporting period, findings or results, unanticipated outcomes or roadblocks, and next
steps in the project. If work is behind schedule, a summary of reasons for delay and a plan
of action to bring back on schedule will be included. CEO-CASTA II 5.1
i) Monthly report, hours summary, invoice (to be submitted monthly), and final work
products must be submitted electronically to the Program Manager by the seventh
day of the following month in which work was completed.
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b) CASTA will hold bi-weekly coordination calls with the CEO through September 30, 2022
and other check in calls as needed. Monthly coordination calls from October 2022- March
2023.
c) CASTA will hold monthly coordination calls from April 2023 - February 2024 .
i) CASTA Staff will provide bi-weekly call summaries/ meeting minutes within two
days of the call to the CEO. CEO-CASTA II 5.2
d) CASTA shall immediately notify the State if any of the below Personnel cease to serve.
Provided there is a good-faith reason for the change, if CASTA wishes to replace its Key
Personnel, it shall notify the State and seek its approval. Such approval is at the State’s sole
discretion, as the State issued this Grant Agreement in part reliance on CASTA’s
representations regarding Personnel. Such notice shall specify why the change is necessary,
who the proposed replacement is, what their qualifications are, how CASTA plans to ensure
quality assurance and quality control of the program, and when the change would take
effect. CEO-CASTA III
e) Anytime Personnel cease to serve, the State, in its sole discretion, may direct CASTA to
suspend Work until such time as their replacements are approved.
f) CEO shall determine whether deliverables meet the task requirements.
g) CASTA shall provide professional, high-quality deliverables that have gone through an
internal quality assurance process. If the deliverables, invoices, and reports are inadequate,
the CEO Program Manager will notify the CASTA with a request to correct, modify, or
replace as needed. CEO-CASTA IV
6) Payments from CEO ( CEO-CASTA VI )
a) CASTA shall submit monthly invoices on a time and materials basis according to the budget
prescribed in the Colorado Energy Office-CASTA Grant Agreement and shall provide
i) a schedule of values substantiating work complete to date by task, which shall be
provided to the CEO with eachSusz invoice.
ii) The invoice documentation shall be submitted with each monthly report and shall
indicate all work performed in the invoicing period in a manner sufficient to the
CEO to justify any payment requested for the Work.
b) The State shall pay CASTA the reasonable, allocable, and allowable costs for work
performed based on satisfactory progress of the work defined in this scope and the
associated tasks.
c) CASTA shall be compensated only for work and services performed by CASTA and accepted
by CEO pursuant to the terms of Colorado Energy Office-CASTA Grant Agreement. Payment
shall also be contingent upon the CEO's timely receipt and acceptance of required invoices
and associated reports and deliverables described herein.
d) CASTA shall be reimbursed no more than once per month based on the submission of
Grantee’s invoice providing a detailed account of the work completed and the amount of
costs incurred relating to line items per the project set forth in the above section.
e) Reimbursement Process
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i) CASTA staff will track expenses and hours spent on activities related to the Program
for reimbursement.
ii) The Program Manager will enter the amount from the Subgrantee Reimbursement
forms received from subgrantees into Quickbooks as a bill for each agency
(vendor). This will create an expense that will show up on statements of activity
and transactions reports.
iii) The Program Manager will create a reimbursement request that includes
(1) An invoice for reimbursable expenses related to the program
(2) An Aggregated expense report that details indirect (staff time) and direct
(material goods and services) expenses
(3) A Statement of activity report from Quickbooks
(4) A Transaction Report from Quickbooks
(5) Subgrantee Reimbursement Forms for the reporting period
iv) The Program Manager will submit completed reimbursement requests to CEO
v) The Program Director will disburse funds to the subgrantees after the CEO has
accepted the reimbursement request and distributed funds to CASTA.
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
CASTA has developed this Uniform Guidance for subgrantees to ensure each agency submits
consistent information for reimbursements and is intended to be used by subgrantees when
they submit their Subgrantee Reimbursement forms at the end of the program. This program
guidance outlines:
● Acceptable forms of backup documentation
● Recommended approaches for farebox recovery calculations
● Templates for subgrantee reimbursement forms, and
● The process for which CASTA staff will review and manage subgrantee reimbursements
which includes:
○ Reviewing subgrantee reimbursement requests for accuracy
○ Ensuring descriptions are understandable
○ Ensuring descriptions accurately describe expenses and farebox recovery
○ Reconciling expenses
For additional support when completing reimbursement requests, subgrantees may contact
CASTA staff if there are any questions or concerns. The primary program contact is:
Joseph "Joey" Parks
Program Director
Colorado Associa on of Transit Agencies (CASTA)
P: 720.961.4220 | C: 520.349.2556
E: josephp@coloradotransit.com | W: Coloradotransit.com
Additionally, subgrantees should refer to their Grant Agreement when completing the
Subgrantee Reimbursement Request.
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
Acceptable forms of backup documenta on
Because of the reimbursable nature of the grants, we are required to show documentation for
actual costs based on a cash accounting method. Thus, we cannot accept budgets as a form of
cost documentation. Acceptable forms of documentation for costs related to your program will
be based on the type of cost being reimbursed.
The types of expenses and their documentation include:
● Expenses Related to Implementing New Free Transit Service (Expense NFST) & Expenses
Related to Implementing Expanded Free Transit Service (Expense EFST)
○ Receipts - This is the strongest form of documentation. If you have a receipt for an
expense that is related to implementing New Free Transit Service during the program
period.
○ Expense Reports - Reported in a cash accounting method.
○ Naming convention: Agency_Expense Type_Expense/Route Name (Example:
RTD_NLine_Expense Related EFST_Expense/Route Name)
○ Each document must have the name of the document at the top (underscores
removed)
○ Each document must be explained in the Subgrantee Reimbursement form
● Farebox Revenue Recovery for New Free Transit Services (Farebox NFST) & Farebox Revenue
Recovery for Expanded Transit Services (Farebox NFST)
○ Ridership Reports (Explained in the Ridership section below)
Ridership
We understand that many agencies track and report ridership in different ways. That is why we
provide a form to input your data. However, we are required to have backup documentation for
the rides for which you are requesting reimbursement. Your organization’s ridership reports are
an acceptable form of documentation but you will need to provide documentation for each
Route/Program for which you are requesting reimbursement. For example, if you are requesting
reimbursement for 3 Routes/Programs then each one needs to be represented in the report
Additionally, each document must comply with the following standards:
● Naming convention: Agency_Expense Type (Example: RTD_Farebox NFTS)
● Each document must have the name of the document at the top (underscores removed)
● Each document must be explained in the Subgrantee Reimbursement form
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
Recommended approaches for farebox recovery calcula on
The Subgrantee Reimbursement form is the recommended approach to calculate your farebox
recovery. You do not need to complete the calculations outside of the form. Instead, when you
go to complete your Subgrantee Reimbursement, you will be provided with a dynamic form that
requires you to enter the Program/Farebox, Fare Rate, Riders, and Subtotal. Please refer to your
application and Subgrantee Agreement when filling out this section.
In the form, there is the ability to click the + sign for each Program/Farebox for which you are
requesting reimbursement. These programs must match the programs you provided in your
application and were subsequently included in your Subgrantee Agreement. If they do not
match, CASTA staff will be in contact with you to rectify the inconsistency, which may slow down
the reimbursement process.
You will be asked to provide documentation and a narrative for the routes you are requesting
farebox revenue recovery. Please keep in mind that each route that is submitted for Farebox
Revenue Recovery must have documentation provided. Additionally, please be as detailed as
you possibly can in the narrative, making sure to touch on each route and how farebox revenue
recovery was calculated.
The next section will provide additional information on providing documentation and narratives
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
Templates for subgrantee reimbursement forms
This section provides additional information and templates for providing documentation where
it is requested in the Subgrantee Reimbursement Form . Please use the Subgrantee
Reimbursement Form to request reimbursement for expenses related to your program to
provide new or expanded free transit services.
Subgrantee (Agency) Invoice
Please use your company's standard invoice. Invoices must match what is requested in the
Subgrantee Reimbursement Form
Expense Documentation
Please provide documentation to support expenses related to implementing New Free Transit
Service during the Program Period. Acceptable forms of documentation include:
● Receipts
● Expense reports
Each expense reported in the form must include supporting documentation and use the naming
convention provided below. If you have trouble with the form accepting documentation please
send your documentation to josephp@coloradotransit.com
Naming convention: Agency_Expense Type_Expense/Route Name (Example:
RTD_NLine_Expense Related NFST_Expense/Route Name)
Accepted file types: pdf, Max. file size: 256 MB.
Ridership Documentation
Please provide your program's ridership documentation that highlights and supports the new
and/or expanded free transit service rides during the program period. This report should break
down each route/program with riders for each month. Please combine all reports into one file.
Please use the names of the route/program reported in the form in the ridership report.
Ridership Summary
Please provide a summary of ridership for the program period, breaking down ridership for each
month of the program period and include a comparison of the ridership for the two months
leading up to and after the 2023 program with the month(s) of your program. We are interested
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
in understanding how ridership for the services your agency made free for the program has
changed over the years. Additionally, we would like to understand how your zero fare program
compares to ridership numbers for the two months prior and two months after your program.
Include any rider stories, lessons learned and unanticipated benefits and challenges that help
provide additional context and understanding. Please format entry using this template:
Summary of Ridership
(Enter text)
Ridership for route for each month of program (provided in the form)
(Enter text)
Comparison of the ridership for the two months leading up to and after the 2023
program with the month(s) of your program.
(Enter text)
Rider Stories
Lessons Learned
Unan cipated Benefits and challenges
OSTG Subgrantee Reimbursement
Uniform Guidance for Consistent Documenta on
Reimbursement Review Process:
The third section of the Subgrantee Reimbursement Form contains the Reimbursement
Checklist for CASTA to complete and will not be accessible to subgrantees. Once the subgrantee
submits the Reimbursement form the review process begins. The Reimbursement Review
Process includes:
1. Initial Review: CASTA will review the contents of the submission for accuracy and to
ensure descriptions are understandable and accurately describe expenses and farebox
recovery.
2. Reconciliation: If there are any issues, CASTA will reach out to reconcile the expenses
and/or request additional information.
3. Submission to Colorado Energy Office: Once CASTA has reviewed the submission and no
more edits are required, The Subgrantee Reimbursement will be submitted to the
Colorado Energy Office.
4. Disbursement: CASTA will provide disbursement of funds once the Colorado Energy
Office releases them to us.
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Subgrantee Application
AER-2 Agency Name
Town of Estes Park, Estes Transit
Agency Address AER-2
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
United States
Map It
AER-2 Agency Grant Application Key Contact
Vanessa Solesbee
AER-2 Agency Grant Application Contact Phone
(970) 577-3957
AER-2 Agency Grant Application Contact Email
vsolesbee@estes.org
Eligibility
5311
I understand that an eligible transit agency shall not use grant money to offset or replace funding for free transit services that
the eligible transit agency offered as of January 1, 2023. CRS 24-38.5-113 (5)(iv)
Yes
Program Term - Begins
06/01/2023
Program Term - End
08/31/2023
Program Free Transit Days
92
Does the transit agency provide services in the Denver Metro/North Front Range Nonattainment Area.
Yes
Program Narrative
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ARE-8 Describe the area your transit agency serves and any other areas served through the grant. Please indicate whether or
not services are provided in the Denver Metro/North Front Range Nonattainment Area.
Estes Transit provides free, seasonal deviated fixed route service throughout the Town of Estes Park, Colorado, to the YMCA of
the Rockies campus and the surrounding area of Rocky Mountain National Park (RMNP) located along Hwy 66 in Larimer County.
Estes Transit has five routes and 54 stops. Currently, all routes (Red, Gold, Blue, Brown and Silver Routes) serve 9 a.m. to 9 p.m.
daily (Monday through Sunday).
AER-7 Explain how your agency will use the grant funds to achieve the program goals of reducing ozone formation, increasing
ridership on transit, and reducing vehicle miles traveled in the state.
The Town would like to use grant funding to extend the hours of the Town's most popular route, the Red Route (downtown trolley)
an extra two (2) hours daily to better accomodate use of the downtown parking structure. By extending the Red Route hours, the
Town hopes to encourage downtown employees and visitors/tourists to go directly to the parking structure and ride the Town's
electric trolley downtown, rather than circling/sitting in congestion/idling downtown. Due to several large and disruptive
construction projects happening in Downtown Estes Park this summer, the Town anticipates even heavier traffic congestion than
normal and hopes that the added trolley / Red Route hours will reduce both congestion from those looking for parking. The Town
also feels that extending the hours of the route served by the Town's electric trolley buses will be a double-win: 1) less cars
circling/idling downtown and 2) more people on a bus that is battery-electric.
AER-7 Explain how your agency will use the grant funds to achieve the program goals of reducing ozone formation, increasing
ridership on transit, and reducing vehicle miles traveled in the state.
The Town seeks to increase transit ridership by:
1) Offering free parking at the parking structure
2) Extending the hours of the Town's most popular transit route, the Red Route which is served by the Town's electric trolley buses
3) Increased marketing efforts promoting the Red Route, including traditional and digital media (e.g., utility bills, social media,
newspaper ads, news releases, etc.)
AER-7 Explain how your agency will use the grant funds to achieve the program goals of reducing ozone formation, increasing
ridership on transit, and reducing vehicle miles traveled in the state.
The Town of Estes Park will utilize these grant funds to reduce Vehicle Miles Traveled by adding hours in the morning to
encourage downtown employees to park remotely and trolley into downtown rather than drive and look for parking. Thereby,
reducing vehicle miles traveled in Estes Park and the surrounding area.
Program Budget Worksheet
How will your agency utilize the grant funds? Check all that apply
Expanded Free Transit Services
Expanded Free Transit Service
AER-1 Please describe the free transit services that will be provided or expanded with the grant funds, including the services,
routes, dates, and times the free transit services will be offered.
Deviated fixed route service will be offered as follows:
1) June 1 - August 31
2) Daily service (Monday through Sunday)
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3) Old hours: 9 a.m. to 9 p.m.
4) Proposed new hours: 7:30 a.m. to 9:30 p.m.
Estimated Ridership for Expanded Free Transit Services
Expanded Route/ServiceExpanded Route/Service Anticipated RidersAnticipated Riders
Red Route / 2 extra hours per day 52,996
AER-5 Please provide documentation that shows which transit services proposed to be made free using the grant funds were
not already offered for free as of January 1 of the funding year.
Estes-Park-Schedule.pdf
Expenses for Expanded free transit services - Itemization
ItemItem RateRate QuantityQuantity AmountAmount MatchMatch
AmountAmount
Hourly service contract with RATP Dev USA, Inc. (contracted transit
service provider)79.33 184 14,596.72 0.00
Marketing x x $4,837
Expenses for Expanded free transit services - Budget
$19,433.72
Match Amount Expanded free transit services - Budget
$0.00
Expanded Free Transit Service Budget Supporting Documentation
Estes-Transit-Summer-Service-Quote-04182023.jpg
Estes-Park-Marketing-OSTG.pdf
AER-11 Total Grant Request
$19,433.72
AER-11 Total Match
$0.00
AER-6 Please describe the documentation the you plan to provide to support eligible costs.
The Town of Estes Park (Estes Transit) is requesting funds to support two additional service hours per day for the Town's Red
Route during June, July and August. The budget provided includes:
2 additional hours each day over the course of a three-month (92) day service period.
The cost per hour of service is $79.33.
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92 days x 2 additional hours each day = 184 additional service hours
184 additional service hours x $79.33 = $14,596.72
Estes Transit is always fare-free so the funds will be used to directly fund the additonal two hours of daily service during our
busiest summer months. The Red Route is the Town's most popular route. Town staff would like to make this 2023 service
adjustment to encourage downtown employees and tourists to park on the perimeter of downtown in the Town's free parking
structure and then take the trolley (Red Route) into downtown. The anticipated result of this service change is reduced congestion
in the core of downtown and less circling / idling of vehicles looking for an available parking space.
The Town is not offering a local match at this time as a local match for this grant program was not defined as part of the 2023
budget process which took place in summer 2022. However, if a local match is needed, Town staff could request a modest match
amount.
The documentation that we provided to support eligible costs is the 2023 Services Proposal provided by RATP Dev USA, Inc. (the
Town's contracted service provider). This documentation includes the 2023 hourly rate as well as the number of hours anticipated
for the Red Route in June, July and August.
Additionally, the Town of Estes Park plans to market their fare free program and has developed a 42 strategy
marketing/communications spreadsheet for parking and transit communication this summer season. The town plans to employ the
following marketing strategies related to the additional two hours of Red Route service:
Community presentations - Informational presentations are scheduled with the Estes Chamber Lodging Council, Downtown
Business Alliance, League of Women Voters, Police Dept. Community Service Officers, Estes Park Visitor Center Ambassadors,
Town staff (All-Employee Meeting), Rotary, and more!
Newspaper & Social Media Ads - The Town has developed newspaper and social media ads that will run throughout June, July
and August with information about the new Red Route hours.
Utility Bill Insert: An insert was included in every utility bill that included information on the new route time for the trolley (Red
Route).
Partner Network - We work very closely with our local tourism bureau, Visit Estes Park, to provide accurate parking and shuttle
information for their website and massive social media following. The Estes Chamber has also shared information about the
updated Red Route with their membership as part of their weekly Friday Focus email blast.
Door-to-door material distribution - Over the next few weeks, we will be going door to door downtown to drop off the 2023 transit
maps and educating businesses about the new Red Route hours.
Dynamic Messaging Signs: Beginning tomorrow, May 26, the Town's two permanent DMS (located on US34 and US36) will
display messaging directing motorists towards the parking structure for access to the trolley (Red Route).
Past Ridership
2019 Ridership and Fare Revenue
MonthMonth ServiceService Service DescriptionService Description FareFare RidersRiders RevenueRevenue
June Red Route Daily service (Mon-Sun, 9am-9pm)0.00 8626 0.00
July Red Route Daily service (Mon-Sun, 9am-9pm)0.00 31964 0.00
August Red Route Daily service (Mon-Sun, 9am-9pm)0.00 25436 0.00
2020 Ridership and Fare Revenue
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MonthMonth ServiceService Service DescriptionService Description FareFare RidersRiders RevenueRevenue
July Red Route Daily service (Mon-Sun, 9am-9pm)0.00 6057 0.00
August Red Route Daily service (Mon-Sun, 9am-9pm)0.00 6280 0.00
2021 Ridership and Fare Revenue
MonthMonth ServiceService Service DescriptionService Description FareFare RidersRiders RevenueRevenue
June Red Route Daily service (Mon-Sun, 9am-9pm)0.00 8161 0.00
July Red Route Daily service (Mon-Sun, 9am-9pm)0.00 20719 0.00
August Red Route Daily service (Mon-Sun, 9am-9pm)0.00 15724 0.00
2022 Ridership and Fare Revenue
MonthMonth ServiceService Service DescriptionService Description FareFare RidersRiders RevenueRevenue
June Red Route Daily service (Mon-Sun, 9am-9pm)0.00 10513 0.00
July Red Route Daily service (Mon-Sun, 9am-9pm)0.00 23260 0.00
August Red Route Daily service (Mon-Sun, 9am-9pm)0.00 19223 0.00
Ridership Change
Between 2013 and 2019, Estes Transit ridership was consistenly between 74,000 - 100,000 riders over the course of the Town's
seasonal shuttle program service (late June through Labor Day). In 2020, service was decreased due to the COVID-19 pandemic
and began later than normal (on July 1). Ridership was extremely low during 2020 due to the pandemic and then began to
rebound in 2021. By 2022, Estes Transit ridership had rebounded to pre-pandemic levels and ridership to date for special event
service has been very strong.
Additional Documentation
Estes-Transit-Ridership-Comparison-2023.pdf
Application Review
Grant Number
OSTG2023-09
AER-1 Does the applicant provide Information on the free transit services that will be provided or expanded with the grant
funds, including the services, routes, dates, and times the free transit services will be offered.
3
AER-2 Does the applicant provide Information on the applicant organization and key personnel information.
3
AER-3 Does the applicant provide Information on to what extent the applicant will match the grant funds with other funds.
3
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AER-4 Is the applicant committed to providing new or expanded free services for at least 30 days during the ozone season.
3
AER-5 Has the applicant provided documentation that shows which transit services proposed to be made free using the grant
funds were not already offered for free as of January 1 of the funding year. Documentation may include, for example, approved
and posted fare information.
1
AER-6 Has the applicant provided an explanation of the documentation the applicant plans to provide to support eligible costs.
3
AER-7 Has the applicant provided an explicit explanation of how the agency will use the grant funds to achieve the program
goals of reducing ozone formation, increasing ridership on transit, and reducing vehicle miles traveled in the state.
1
AER-8 Has the applicant provided information on the area served, including whether or not services are provided in the Denver
Metro/North Front Range Nonattainment Area.
3
AER-9 Has the applicant provided ridership and fare revenue data for 2019, 2020, and 2021 for the services the applicant
proposes to make free during the program term.
3
AER-10 Has the applicant provided a proposed budget in the application that contains total estimated cost and line items for:
projected farebox revenue replacement (if applicable), estimated cost to provide new free transit service (if applicable),
estimated cost to provide expanded free transit services (expanding service on routes for which the applicant currently offers
free service)(if applicable), and other eligible expenses necessary to implement the program (if applicable).
3
AER-11 Has the requested grant amount been assessed against the overall program budget and appears to be cost effective.
Budget = $2,700,000
3
AER-12 Do the items provided in the proposed budget match the items in the budget documentation?
3
AER-13 Does the applicant provide information on assumptions made in determining the proposed budget, including what
data projected farebox replacement revenue is based upon.?
3
AER-14 Do expenses for the new or expanded free transit detail what the expenses are and how they contribute to achieving
the goals of the program?
3
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AER-15 Do routes provided in the worksheet match the documentation provided
3
AER-16 Did someone from the applicant agency attend the Mandatory Application Webinar?
3
Score
26
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Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: June 13, 2023
RE: Town Board Policy 101 – Board
Assignments
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER - Policy
QUASI-JUDICIAL YES NO
Objective:
To update appointments to boards, committees, commissions and liaison positions as
outlined in the draft policy.
Present Situation:
The Town Board elected Trustee Cenac as Mayor Pro Tem at their May 23, 2023
meeting. The updates to appointments to boards, committees, commissions and
liaison positions was reviewed and discussed at the last meeting. The Board
requested staff bring back the item to allow consideration on how to fill the vacancy
on the Local Marketing District board. A brief discussion was heard on the
appointment with comments revolving around if the position should be filled by a
member of the Town Board, filled by a citizen living within the district, questioned
what would be allowed by the IGA, etc. It was noted that staff would bring the item
forward for additional discussion and action at the following Town Board meeting.
It is also worth noting that no additional changes were made to the current
appointments because there is less than a year until the next election.
Proposal:
To revise Policy 101 with the following proposed appointments and corrections:
•Trustee Cenac appointed as Mayor Pro Tem
•Mayor Pro Tem Cenac appointed to the Audit Committee
•Update Western Heritage Inc. to the Rooftop Rodeo Committee
•Remove sunsetted Boards and Commissions
•Add the Larimer County Regional Opioid Abatement Council
•Update staff liaisons
TOWN CLERK’S OFFICE
The one outstanding appointment would be to the Local Marketing District (Visit Estes
Park). The Board has several options to consider in filling this appointment for the next
ten (10) months, including:
Option 1 – Fill the vacancy with a Town Board member
Option 2 – Fill the vacancy with a citizen residing within the district boundary
Option 3 – Fill the vacancy with a Town Board member through April 2024 and
move to a citizen position after the Municipal Election in 2024.
Mayor Koenig has discussed filling the position with Trustee Lancaster for the next ten
(10)months and he has agreed to do so if that is the direction of the Board. This has
been included in the draft policy. Option 2 would require implementing the procedures
outlined in Policy 106, including advertising the position, selecting an interview
committee, holding interviews, and appointing a citizen. This would likely take place
during the next couple of months making this an eight (8) month appointment. With
Option 2 staff would recommend the Board approve a liaison to the Local Marketing
District with the appointment of a citizen. Option 3 allows for the position to be filled
immediately with a board member during this short period of time (10 months), and then
open the position up to a citizen residing within the district prior to the next election in
2024 to ensure an appointment could be made immediately following the election.
Advantages:
•To fill open appointments and update other changes to boards, committees
and commissions which have occurred since the 2022 Municipal Election.
Disadvantages:
•Board, Committees and Commissions would continue to operate with vacancies
and the policy would remain outdated.
Action Recommended:
Approve the revisions to Policy 101 with Option 3 to fill the Local Marketing District
appointment through the 2024 Municipal Election.
Finance/Resource Impact: - None
Level of Public Interest: - Low
Sample Motion:
I move to approve/deny Policy 101 as revised with Option XX to fill the Local
Marketing District appointment.
Attachments:
1.Policy 101 Division of Responsibilities – Redlined
2.2019 IGA between the Town and Larimer County (Applicable section 5.3.1)
Division of Responsibilities 04/26/202205/23/202306/13/2023
Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 1 of 4
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: 04/26/202205/23/202306/13/2023
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
1.Purpose: The Board of Trustees has many varied responsibilities. In order to effectively
use their time, the Board finds it necessary to divide duties and responsibilities among
the Board members.
2.Assignments To Ongoing Committees: At the first regular meeting following the
certification of the results of each biennial election, the Board of Trustees determines
each Board and Commission Primary Liaison assignments and responsibilities for the
remainder of the term of the current standing Town Board.
a)Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in
101.2, the Board may do so at any regular meeting of the Board.
3.Assignment To Committees of The Board of Trustees (committees comprised solely
of members of the Board of Trustees)
a)Assignments to Audit Committee:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint two (2) Trustees to the Audit committee with the
Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14
§1, 2014; Ord. 13-15, § 1, 9-22-2015)
b)Assignment to Special Committees:
Special committees may be established by the Board of Trustees. The Mayor
shall appoint all members of any special committee subject to the approval of the
Board of Trustees. (Estes Park Municipal Code 2.08.020)
4.Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the
results of each biennial election, the Board of Trustees shall choose one (1) of the
Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the
Board of Trustees, or during the Mayor's absence from the Town or his or her inability to
act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010)
5.Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may
nominate trustees to serve on committees, community groups, or in some other
capacities as a representative of the Town, except in cases where a Board Liaison has
ATTACHMENT 1
Division of Responsibilities 04/26/202205/23/202306/13/2023
Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 2 of 4
been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the
nomination of any such appointments to the Board for approval at a regular town board
meeting. The Mayor will make every effort to distribute special assignments equitably
among the members of the Board.
6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy
102, Town Committees, “Applicants for all committees will be interviewed by the Town
Board, or its designees. Any designees will be appointed by the full Town Board”.
7. Outside Committees – Outside committees are committees or boards where the Town
is represented by a member of the Board of Trustees and/or staff. These are not
committees of the Town of Estes Park and therefore the rules and guidelines for
membership are those of the outside entity not the Town. At times, they may request that
the Trustees assign an individual(s) to represent the Town, however they may also
request a specific individual or position as the Town’s representative to the committee.
8. Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison.
The Mayor shall present the nomination of any such appointments to the Board for
approval at a regular town board meeting. The Mayor will make every effort to distribute
special assignments equitably among the members of the Board.
9. Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor
or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board
appointment shall be approved by the Town Board, with preference for the Utilities
Director per PRPA Resolution 07-19.
Division of Responsibilities 04/26/202205/23/202306/13/2023
Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 3 of 4
Board Assignments
Mayor Pro-Tem - __ Trustee WebermeierTrustee Cenac_____________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee
MacAlpine
Jessica Garner Advisory/
Decision Making
Estes Park Board of Adjustment Trustee
MacAlpine
Jessica Garner Decision Making
Western Heritage IncRooftop Rodeo
Committee
Trustee Cenac n/a Outside
Estes Park Museum Friends and
Foundation Inc.
n/a Derek Fortini Outside
Police Auxiliary Trustee
Younglund
Wes KufeldDavid
Hayes
Working Group
Parks Advisory Board Trustee
Younglund
Brian Berg Advisory
Transportation Advisory Board Trustee
Martchink
Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Hazelton Denise Lord Working Group
Estes Park Board of Appeals Trustee Hazelton Jessica Garner Advisory/
Decision Making
Sister Cities Trustee
MacAlpine
n/a Working Group
Family Advisory Board Trustee
Younglund
Jason
Damweber
Advisory
Comprehensive Plan Advisory
Committee
Trustee
MacAlpine
Jessica Garner Advisory
Division of Responsibilities 04/26/202205/23/202306/13/2023
Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 4 of 4
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Koenig
Mayor Pro Tem
Webermeier
Mayor Pro Tem
CenacTrustee
Hazelton
Travis Machalek Advisory
Colorado Association of Ski Towns
(CAST)
Voting Designee
– Trustee Cenac
Alt Designee TA
Machalek
n/a Outside
Platte River Power Authority Board of
Directors
Mayor Koenig Reuben
Bergsten
Outside
Estes Park Economic Development
Corporation Board of Directors
Trustee Hazelton
& TA Machalek
n/a Outside
Larimer County Regional Opioid
Abatement Council
Trustee
Younglund
expires
02/14/2025
Outside
Larimer County Solid Waste Policy
Council
Mayor Koenig
expires
11/30/20242
n/a Outside
Local Marketing District (Visit Estes
Park)
Trustee
WebermeierTrust
ee Lancaster
Alt Designee
Trustee Mayor
Pro Tem Cenac
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
Martchink
n/a Outside
Larimer County Behavioral Health Policy
Council
Mayor Koenig n/a Outside
___________________________________
Wendy Koenig, Mayor
_____________
Date
ATTACHMENT 2
Human Resources Report
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, HR Director
Date: June 13, 2023
RE: Renewal of Town Administrator Contract
Objective:
To discuss the renewal process of Town Administrator Machalek’s contract which
expires on August 27, 2023.
Present Situation:
The Town of Estes Park entered into a contract with Travis Machalek as the Town
Administrator on August 27, 2019. The contract was for four years and will expire on
August 27, 2023.
Proposal:
Staff is requesting the Town Board provide direction on the process to be used to
review and renew Town Administrator Machalek’s contract. A new contract would need
to be considered and in place prior to the expiration date of the current contract,
therefore, the Board may consider action on a proposed contract at either the August 8th
or August 22nd meeting.
Items for the Board to consider in developing a new contract may include the term of the
contract, starting salary, salary adjustments throughout the term of the contract, and
other benefits. The current practice is to have the Town Administrator’s contract expire
on a non-election year/an odd year.
Staff is proposing any additional information the Board requests such as salary
information from market communities be collected and provided to the Board no later
than the last week in June. This would allow the Board time to review the information
and provide staff with direction at the first meeting of July to be used to draft a new
contract. If the Board requires further discussion or negotiations, this could occur at a
study session or an executive session at the second meeting in July. A final draft
contract could be reviewed by the Board and Town Administrator Machalek with action
taken by the Board at the first meeting in August if further negotiations are not needed.
If additional negotiations are needed, this would provide the Board with a final review
and consideration of the proposed contract at the August 22 meeting.
Advantages:
• Provides the Board with the information needed to consider a new contract with
Town Administrator Machalek.
• Establishes a timeline for consideration of a new contract to ensure continuity of
operation past August 27, 2023.
Disadvantages:
• Without direction staff will not be able to provide the Board with needed
information to negotiate and draft a proposed contract for consideration prior to
the expiration of the contract.
Action Recommended:
Provide staff direction on information needed to begin negotiations and establish next
steps/timeline.
Budget:
None.
Level of Public Interest
Low.
Attachment(s)
1. Town Administrator Employment Agreement – Machalek 2019
ATTACHMENT 1